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HomeMy WebLinkAboutCorrespondence - Non Agenda From: Jackie Angel Investor To: Durham.Daniel;eComment Cc: Vazquez.Beniamin;Rvbera.Erinn Subject: SANTA ANA PD FIRED HERE#QProofs Date: Wednesday,September 24, 2025 1:16:24 PM Attachments: 1000007652.ona 1000007654.ona 1000007516.ona Attention:This email originated from outside of City of Santa Ana.Use caution when opening attachments or links. Notice Served 9/19/25 6 pm Bristol Street, Santa Ana California Daniel Durham- I demand an immediate internal investigation into the arrests of 2 more of our Women by thug pigs at SAPD the night of 9/18/25 outside 34 CIVIC CENTER y� AWAM +r 4 1 :07 LI`Y Thread Santa Ana Saint City Lwbaintuay(14 e broke up last night @eityofsentean -Santa Ana California ##domestieabusers #FUC I E #SantaAna #California RACIST R4CML " II ► 11:31 AM 20 Sep 25 from Santa Ana; CA • 386 ,Jiews n 11.+Wa Ih-d D activity aa•�,• � �+'Y -Y °..:+.�.d 4 yes � �.�.I r�,.$.;.� 7iri�ti f;;. r - Capture more t * r V _ wh - A y r VAL R OC ' Downtown Santa A , 1 f l ICE out Francis Co. 'r i Becerra, Alexis From: Timothy Rush < Sent: Friday, September 26, 2025 4:47 PM To: eComment Subject: Please direct this to the mayor Valerie Amescua in regards to the passing of a former miss Santa Ana from 1938 Attention:This email originated from outside of City of Santa Ana. Use caution when opening attachments or links. Dear Honorable Mayor: I thought you would be interested to know that Margaret Lang,who was a recipient of numerous certificates of recognition from yourself and other mayors and members of the council over the years as she advanced in age sadly passed away this week at the ripe age of 106 years of age. She slipped the bonds of this earth peacefully with her family around her.This wonderful lady was a longtime friend and former client of mine. Both she and her husband, her husband George passed away about 30 years ago. Miss Lang was a graduate of Santa Ana high school I believe in 1937 and was Miss Santa Ana in 1938 and Rhode, on the Metropolitan water District Rose parade featuring representatives from all 13 founding cities of which Santa Ana was one. Margaret's grandfather was a sheepherder. He was a Basque heritage and he raised sheep in the area around the family ranch house,which was at 804 North Baker St. and of course was built about 160 years ago and didn't have a bathroom or modern plumbing. It is on our cities register of historic buildings and of course as one of the oldest homes in Washington Square. Her daughter Julie Lang graduated with Tom Lutz from Santa Ana high school in 1962. Miss Lang lived with her daughter for the last many years in the family home in Dana point. I'm assuming you would like to close the next council meeting in her memory. Please call me if you have any further questions. Sincerely, Tim Rush, Past president Washington Square neighborhood association Sent from my iPhone 1 From: Jackie Anael Investor To: eComment Cc: Vazauez.Beniamin;erinn.rvbera(&asm.ca.aov Subject: Santa Ana councilmember requests probe into police union's use of public funds Date: Tuesday,September 30,2025 11:37:14 AM Attachments: 1000007872.ona 1000007652.ona Attention:This email originated from outside of City of Santa Ana.Use caution when opening attachments or links. We have fired Santa Ana Police here and put a restraining order on them. Santa Ana councilmember requests probe into police union's use of public funds https://Iaist.com/news/santa-ana-counciImember-requests-probe-into-police-unions- use-of-public-funds Santa Ana councilman asks CA DOJ to investigate city's police union Councilman Benjamin Vazquez, who serves as Santa Ana's mayor pro tempore, called for a state investigation into the city's police officers association after an audit found that the city overpaid the union by roughly $3 million. https://www.cbsnews.com/losangeles/video/santa-ana-councilman-asks-ca-doj-to- investigate-citys-police-union/ City of Santa Ana fye 6/2025 Parking Revenue - Structures and Meters Parking Facilities Revenue and Expenditures $1,350,914.61 Structures Revenue $1 ,879,202.48 Structures Expenditures $1,871,950.28 Parking Meters Revenue $1,702,969.15 Parking Meters Expenditure Santa Ana demands independent police oversight and justice for Noe Rodriguez at city council meeting https://fightbacknews.org/articles/santa-ana-demands-independent-police-oversight- and-justice-for-noe-rodriguez-at @CityofSantaAna At the meeting, Mayor Valerie Amezcua and Councilmembers Thai Viet Phan, Phil Bacerra and David Penaloza voted in favor of SAPD continuing to use military equipment and move towards a drone program. @UClrvine UC Irvine California Haiti: at least eight children among 13 killed in drone attack on birthday party https://www.theauardian.com/world/2025/sep/23/haiti-drone-attack-eight-children- killed Eric Adams Abandons Re-election Bid for Mayor of New York City Mayor Adams's campaign was left foundering after repeated scandals, a federal indictment and his courtship of President Trump. https://www.nytimes.com/2025/09/28/nyregion/adams-mayor-drops-out.html Parking... A 4 M D 4 M F City of Santa Ana 2 Parking Revenue - Structures and Meters 3 Parking Facilities Revenue and Expenditures 4 City of Santa Ana Fiscal Year 712023-6/2024 7/2024-812025 5 Broadway Structure GONE* GONE* 6 Spurgeon Structure $497.551 .71 $558,049.41 7 Birch ,Structure $509,422.22 $483,493.70 a Main Structure $286,776.691 $309,371 .50 9 Total Revenue $1,293,750.62 $1,350,914.61 Total Expenditures 1 $1 ,6167600.64 $1 ,879,202.48 12 Yearly Difference +1. -$322,850.02 -$528,287.87 13 14 City of Santa Ana Fiscal Year 712023-6/2024 7/2024-6/2025 15 Parking Meters Revenue $1,647,507.61 $1,871,950.28 16 Parking Meters Expenditure $1 ,844,562.71 $1 ,70 ,969.15 17 1s Yearly Difference +f- -$197,055.10 $168,981 .13 19 20 *Bmadway Parking Structure was sold during fiscal year 2022-2023 r 7 � a + FAT,� C7w � t7w, ga@� aL � L r Ldi J L z� s !� Z N ,a" _ a� 04PAPO _ v +rt_ Becerra, Alexis From: Anita Halpern <ahalpern@traffixdevices.com> Sent: Friday, October 3, 2025 7:34 AM To: !City Clerk Subject: FW: Urgent Concern — Mobile Home Park Owner Coercing Tenants to Sign Legal Documents Under Threat of Lawsuit Attachments: Hearing Concerning property 5002 W McFadden Ave Santa Ana -Attention: This email originated from outside of City of Santa Ana.Use caution when opening attachments or links. From:Anita Halpern Sent: Friday, October 3, 2025 7:25 AM To: 'vamezcua@sant-ana.org' <vamezcua@sant-ana.org>; 'tphan@santa-ana.org' <tphan@santa-ana.org>; 'bvaquez@santa-ana.org' <bvaquez@santa-ana.org>; 'jessielopez@santa-ana.org' <jessielopez@santa-ana.org>; 'pbacerra@santa-ana.org' <pbacerra@santa-ana.org>; 'jryanhernandez@santa-ana.org' <jryanhernandez@santa- ana.org>; 'dpenaloza@santa-ana.org' <dpenaloza@santa-ana.org>; 'scarvalho@santa-ana.org' <scarvalho@santa- ana.org>; 'rueda@publiclawcenter.org' <rueda@publiclawcenter.org>; 'rso@santa-ana.org' <rso@santa-ana.org> Subject: Urgent Concern—Mobile Home Park Owner Coercing Tenants to Sign Legal Documents Under Threat of Lawsuit Anita Halpern 10/03/2025 Rent Control Board Rent Stabilization Division City of Santa Ana Subject: Urgent Concern— Mobile Home Park Owner Coercing Tenants to Sign Legal Documents Under Threat of Lawsuit Dear Members of the Rent Control Board, I am writing to formally bring to your attention a deeply concerning situation that is currently unfolding at Bit- 0-Home Mobile Home Park, located at 5002 West McFadden Ave, Santa Ana California. In September there was a hearing regarding an effort of the property management to increase Rent. (See attached letter I sent at that time). In recent days, the park owner and/or management has been pressuring tenants, including myself, to sign legal documents under the threat of being sued. The nature and purpose of these documents have not been 1 clearly explained, and the demand to sign appears both sudden and coercive. Tenants have been approached individually and/or letters left on porches, and there is a growing sense of fear and confusion throughout our community. Many of us feel intimidated by these tactics and are afraid that if we do not comply and sign the documents, management may retaliate through harassment or other forms of pressure. Some tenants have expressed fear of eviction or other punitive actions. The lack of transparency and the aggressive tone in communication from management have left residents anxious and uncertain about their rights and future. We are reaching out to the Rent Control Board because we believe these actions may constitute tenant harassment and could be in violation of rent control or mobile home residency laws. We are requesting your immediate attention to investigate this matter and provide guidance on how residents should proceed without jeopardizing their housing security. We respectfully ask that the Rent Control Board intervene to: 1. Clarify whether the park owner's actions are legal and permissible under applicable rent control and mobile home laws. 2. Inform residents of their rights in this situation. 3. Offer protection or legal resources for tenants who are feeling coerced or intimidated. Thank you for your time and attention to this urgent matter. Please feel free to contact me at 714-675-5320 or ahalpern123@gmail.com should you require further information or would like to speak with concerned tenants directly. Sincerely, Anita Halpern Resident, Bit-O-Home Mobile Home Park Space#65 Anita Halpern Buyer I TrafFix Devices P (949)361-5663 E ahalpern@traffixdevices.com ]Scorpion R 864ClcER,= PROTECT YOUR FIRST RESPONDERS 5 YOUR EQUIPMENT SCORPIONWIM THE Facebook I Instagram Linkedln Mastodon Bluesky YouTube TDU 2 Becerra, Alexis From: Anita Halpern <ahalpern@traffixdevices.com> Sent: Thursday, September 26, 2024 1:07 PM To: RSO Cc: 'vamezcua@sant-ana.org'; Phan, Thai; 'bvaquez@santa-ana.org'; Lopez, Jessie; Bacerra, Phil; Hernandez, Johnathan; Penaloza, David; Carvalho, Sonia R.; 'rueda@publiclawcenter.org' Subject: Hearing Concerning property 5002 W McFadden Ave Santa Ana Attachments: 4447_001.pdf 9/26/2024 Anita Halpern Rent Stabilization Division City of Santa Ana Dear Rent Stabilization Division, I am writing to express my concerns regarding the proposed rent increase at Bit-O-Home Mobile Home Park and to formally submit a fair return petition on behalf of the residents. I received your letter today and it is past the reply date listed, but I hope you will consider my message in your review. This is not a glamorous mobile home park; it is a community where families and individuals live because it is what they can afford, not because they choose to. The conditions at Bit-O-Home are far from ideal. Residents face significant challenges, including the presence of gangs and their tagging, drug sales, and even recent violent incidents, such as murders.These factors create an environment that is both unsafe and unstable, making the proposed rent increase not only unjust but also potentially detrimental to the community. Additionally, it's important to highlight that the maintenance and upkeep of the mobile homes are the sole responsibility of the homeowners. This includes not only the interior and exterior maintenance but also yard upkeep. As such,the park incurs minimal costs for maintenance,which raises questions about the necessity of increasing rent for residents who are already shouldering these financial burdens. Raising the rent would entrap residents in an untenable situation. Many individuals and families would find themselves unable to afford the increased costs, leading to the impossible choice of either selling their mobile homes at a loss or being evicted and losing all. Furthermore,with rising costs,few will be able to sell their mobile homes at a price that reflects their initial investment, effectively locking them into a cycle of financial instability. 1 The residents of Bit-O-Home deserve a fair chance to live without the burden of exorbitant rent increases, especially given the challenging environment they already face. We urge the Stabilization Division to consider these factors seriously and to reject the proposed rent increases, ensuring that this community can remain a viable option for those who have few alternatives. Thank you for your attention to this critical matter. We hope for a fair and just resolution that considers the well-being of all residents. Note: Hearing is scheduled for Oct 3, 2024 Sincerely, Anita Halpern Anita Halpern Buyer I TrafFix Devices P (949)361-5663 + E ahalpern@traffixdevices.com Facebook I Instagram Linkedln Twitter I YouTube TDU 2 MAYOR CITY MANAGER Valerie Amezcua ► ;* Alvaro Nunez MAYOR PRO TEM - = '' CITY ATTORNEY Thai Viet Phan Sonia R.C CLERK o COUNCILMEMBERS = CITY CLERK Phil Bacerra Jennifer L. Hall Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY 20 Civic Center Plaza—M25 Santa Ana,California 92702 www.santa-ana.araj Date: 9/17/2024 Dear Resident, The City of Santa Ana's Rent Stabilization Division ("RSD") has accepted a Fair Return Petition concerning the property at: 5002 W McFadden Ave, Santa Ana Ca, 92704. The Hearing has been scheduled for Thursday, October 3, 2024. We are contacting you to confirm your attendance and inquire about your need for translation services. Please reach out to us before 9/18/2024 at 12:00 pm via email at rso .santa-ana.orq or at 714-667-2209 to make the necessary arrangements. Estimado Residente, La Agencia de Estabilizacion de Alquileres de la Ciudad de Santa Ana (`rRSD") ha aceptado Una Peticibn de Retorno Justo con respecto a la propiedad en 5002 W McFadden Ave, Santa Ana, CA 92704. La audiencia esta programada para el jueves 3 de octubre de 2024 y nos estamos comunicando con usted para confirmar su asistencia y preguntar sobre la necesidad de servicios de traduccion. Por favor, contactenos antes del 18/09/2024 a las 12:00 pm por correo electronico a rso - santa-ana.oM o al 714-667-2209 para hacer los arreglos necesarios. Kinh thu°a Cu, dan, Ban On Binh Tien thue nha ("RSD") cua Thanh ph40 Santa Ana da chap nhan flan An Hoan tra Cong bang lien quan den tai san tai: 5002 W McFadden Ave, Santa Ana Ca, 92704. Phien lieu tran da dtrac len lich vao Thtx Nam, ngay 3 thang 10 nano 2024. Chung toi Bang lien ha vai ban de xac nhan sLP tham ducua ban va hoi ve nhu cau cua ban dbi vai dich vu dich thuat. Vui long lien he vai chung toi trlxac 12:00 tru°a ngay 18/9/2024 qua email theo dia chi rso@santa- ana.org hoac theo so 714-667-2209 de thtxc hien nhu,ng sap xep can thiet. Best Regard, Rent Stabilization Division Community Development Agency SANTA ANA CITY COUNCIL Valerie Amezcua Thai Viet Phan Benjamin Vazquez Jessie Lopez Phil Bacerra Johnathan Ryan Hernandez David Penaloza Mayor Mayor Pro Tern,Ward 1 Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 yaa"00 UaatL&na pro (sya?CUR7.1$r4anEa-ana.am raana.om �blcerrR�92rt'��rea..y9 rtYsnhemaneleY nia=ana.ar tlG&naloza�5dl11a 8rga.9rC Becerra, Alexis From: Jackie Angel Investor < Sent: Friday, October 3, 2025 10:22 AM To: eComment; Durham, Daniel Cc: Vazquez, Benjamin; Ryberg, Erinn Subject: CITY OF SANTA ANA PARKS AND RECREATION Lawsuit Sexual Harassment in Violation of FEHA; Attachments: Paloma Ortiz vs City of Santa Ana Parks and Recreation.pdf Attention: This email originated from outside of City of Santa Ana.Use caution when opening attachments or links. City of Santa Ana is FIRED HERE. Plaintiff, V. COUNTY OF ORANGE CITY OF SANTA ANA PARKS AND RECREATION, a California Government Entity; Complaint for Damages: 1. Retaliation in Violation of Labor Code § 1102. 5; 2. Quid Pro Quo Sexual Harassment in Violation of FEHA; and 3. Wrongful Termination in Violation of Public Policy. DEMAND FOR JURY TRIAL PLAINTIFF Reports Wage Theft to her Supervisor witnessed the wage theft and immediately reported it to her supervisor, Rodolfo (" Rudy") Hernandez at the beginning of September, one month after Ms. Ortiz began to oversee Roosevelt Walker Community Center. Mr. Hernandez expressed frustration from Ms. Ortiz' s complaints, but failed to take any action to discipline the employees. Ms. Ortiz continued to complain about employee timesheets every pay period, as she felt uncomfortable signing off on timesheets she knew to be fabricated. Despite having this knowledge, Mr. Hernandez did nothing to assist Ms. Ortiz in figuring out a solution to ensure employees adequately filled out the timesheets and failed to take her complaints seriously. Rather, Mr. Hernandez would simply sign off on the employee time sheets himself, despite knowing the time sheets were fabricated. Ms. Ortiz is Forced to Endure Sexual Harassment Throughout her Employment 11. Throughout her employment with the City, Ms. Ortiz was also forced to endure numerous instances of sexual harassment by her supervisor, Mr. Hernandez. On numerous occasions, Mr. Hernandez would rub Ms. Ortiz' s shoulders and be overly affectionate with her in front of other female employees, which made her uncomfortable. On other occasions, Mr. Hernandez would comment on Mr. Ortiz' s appearance, specifically her butt, and repeatedly talk about " how pretty" she was. The harassment continued for roughly three months, and although Ms. Ortiz did not directly report the harassment to Human Resources, Ms. Ortiz expressed her discomfort directly to Mr. Hernandez by putting him on notice that such conduct would be reported to the proper authorities. Mr. Hernandez subsequently began retaliating against Ms. Ortiz by completely ignoring her, negating all his supervisory duties. d. Ms. Ortiz' s Supervisors Fail to Take Her Complaints Seriously Ms. Ortiz' s Employment is Terminated Following Protected Complaints 15. When Ms. Ortiz returned to work on January 3, 2023, she diligently continued her work in preventing wage theft by implementing a new policy regarding employee attendance and reported working hours. The new policy instructed employees to call the Community Center to report when employees were unable to work or would be late to their respective shifts. On January 5, 2023, after one of the employees she oversaw falsified their timeshect, Ms. Ortiz again complained to Mr. Hernandez, stating that the conduct was not conducive to the City' s new policy and the employee needed to be held accountable. Mr. Hernandez continued to disregard Ms. Ortiz' s complaints. City never critiqued Ms. Ortiz' s performance during the meeting, nor did the City provide a legitimate reason for her termination. Furthermore, upon information and belief, the City did not take the required steps to 1 transition Ms. Ortiz' s position to that of a permanent employee after the expiration of her sixmonth probationary period, intentionally depriving her of the benefit of certain employment protections. Thus, it was clear to Ms. Ortiz that her employment was being terminated, not for any legitimate reason, but, rather, in retaliation for her protected complaints. z tieuironlcany riled fly oupenor k uurt of t,anlornia, t-ounty of orange, uyrvrizul-o v4: 14:oo rlvl. 30-2023-01348523-CU-WT-C.JC - ROA#4- DAVID H. YAMASAKI, Clerk of the Court By A. Van Arkel, Deputy Clerk. SUM-100 SUMMONS FOR COURT USE ONLY (CITACiON JUDICIAL) (SOLO PARA USO DE LA CORTE) NOTICE TO DEFENDANT: (A VYSO AL DEMANDADO): CITY OF SANTA ANA PARKS AND RECREATION; (See attached Additional Parties Attachment form) YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE). PALOMA ORT12% an individual; NOTICE!You have been sued.The court may decide against you without your being heard unless you respond within 30 days.Read the information below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff.A letter or phone call will not protect you.Your written response must be in proper legal form if you want the court to hear your case.There may be a court form that you can use for your response.You can find these court forms and more information at the California Courts Online Self-Help Center(www.courtinfo.ca.gov/selfhelp),your county law library,or the courthouse nearest you. If you cannot pay the filing fee,ask the court clerk for a fee waiver form.If you do not file your response on time,you may lose the case by default,and your wages,money,and property may be taken without further warning from the court. There are other legal requirements.You may want to call an attorney right away.If you do not know an attorney,you may want to call an attorney referral service.If you cannot afford an attorney,you may be eligible for free legal services from a nonprofit legal services program.You can locate these nonprofit groups at the California Legal Services Web site(www.lawhetpcalifornia.org),the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp),or by contacting your local court or county bar association.NOTE:The court has a statutory lien for waived fees and costs on any settlement or arbitration award of$10,000 or more in a civil case.The courts lien must be paid before the court will dismiss the case. IAVlSOf Lo han demandado. Si no responde dentro de 30 dias,la torte puede decidir an su contra sin escuchar su version.Lea la informaci6n a COntinuaci6n. Tiene 30 DIAS DE CALENDARIO despu6s de que le entreguen esta cltaci6n y papeles legales pare presentar una respuesta por escrito en esta carte y hater que se entregue una copia al demandante. Una Carta a una llamada telef6nica no to protegen. Su respuesta par escrito tiene que estar en formato legal correcto si desea que procesen su Casa an la carte.Es posible que haya un formulario que usted pueda usar para su respuesta. Puede encontrar estos formularlas de la corte y m6s informacOn an el Centro de Ayuda de las Cores de California(www.sucorte.ca.gov), an la biblioteca de!eyes de su condado o an la torte que le quede mas cerca. Si no puede pagar la cuota de presentaci6n,pida at secretario de la carte que to d6 un formulario de exenci6n de pago de cuotas. Si no presenta su respuesta a tiempo,puede perder el caso par incumplimiento y la torte le podra quitar su sueldo,dinero y bienes sin m6s advertencia. Nay otros requisites legales.Es recomendable que flame a un abogado inmediatamente. Si no conoce a un abogado,puede llamar a un servicio de remisi6n a abogados. Si no puede pagar a un abogado,es posible que cumpla con los requisites para obtener servicios legales gratuitos de un programa de servicios legales sin fines de lucro.Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services, (www.lawhelpcalifornia.org), en el Centro de Ayuda de las Cores de California, (www.sucorte.ca.gov)o poni6ndose an contacto con la Corte o el colegio de abogados locales.AVISO:Per ley,la torte tiene derecho a reclamar las cuotas y los costos exentos par imponer un gravamen sabre cualquier recuperaci6n de$10,000 6 m6s de valor recibida mediante un acuerdo o una concesi6n de arbitraje an un caso de derecho civil. Pone que pagar at gravamen de la code antes de que la torte pueda desechar el caso. The name and address of the court is: CASE NUMBER: 0-2 0 2 3-01_i 48 s 2 3-C U-1'rT-C I C (El hombre y direccOn de la torte es): Orange County Superior Court (N6mero der caso): Central Justice Center Assigned for All Purposes 700 Civic Center Drive West, Santa Ana, California 92701 judge Deborah S e n i n c, The name,address,and telephone number of plaintiffs attorney, or plaintiff without an attorney, is: (El nombre,la direcci6n y el n6mero de telefono del abogado del demandante, o del demandante que no tiene abogado, es): Marissa L. Simmons, Esq., 3807 W. Sierra Highway, Suite 206, Acton CA 93510; Tel: (661) 434-1144 DATE: 0910712023 David Yarnasaki Clerk of the Court Clerk, by 711kol , Deputy (Fecha) (secretario) _ (Adjunto) (For proof of service of this summons, use Proof of Service of Summons (farm POS-010).) A. Van Ark el l (Para prueba de entrega de esta citation use el formulario Proof of Service of Summons, (POS-010)). NOTICE TO THE PERSON SERVED:You are served [REAL] 1. 0 as an individual defendant. 2. 0 as the person sued under the fictitious name of(specify): 3, on behalf of(specify): C I1-y eiF SAWA ANA ?IVVS Aet"D Qlb&Bp oft I� f ".1-t0 under: 0 CCP 416.10 (corporation) 0 CCP 416.60(minor) }-� 0vr0 tt lit tlop 0 CCP 416.20 (defunct corporation) 0 CCP 416.70 (conservatee) 0 CCP 416.40(association or partnership) = CCP 416.90 (authorized person) ®, other(specify): q 1 (,l50 4�1-iC WITYIt 4. by personal delivery on (date): Pa staff Farm Adapted for Mandatory Use SUMMONS Code of Civil Procedure§§412,20,465 Judicial Council of California SUM-100 [Rev.July 1,20091 www.courtinfo,co.gov SUM-200(A) SHORT TITLE: CASE NUMBER: Paloma Ortiz v. City of Santa Ana Parks and Recreation INSTRUCTIONS FOR USE ♦ This form may be used as an attachment to any summons if space does not permit the listing of all parties on the summons, ♦ If this attachment is used, insert the following statement in the plaintiff or defendant box on the summons: "Additional Parties Attachment form is attached." List additional parties (Check only one box. Use a separate page for each type of party.): Plaintiff Fv Defendant L�] Cross-Complainant Cross-Defendant a California Government Entity; DOES 1-10, business entities, forms unknown; DOES 11-20, individuals; and DOES 21-30, inclusive; Page 1 of 1 Page 1 of 1 Forma for Mandatory use Judicial ADDITIONAL PARTIES ATTACHMENT Judicialicial C Council of California SUM-200)A)[Rev.January 1,2007] Attachment to Summons r-lectromoatty rueu Liy OupenoT UIDUR 01 uawarrua, t,ounty or orange, uerur/ZUZo u4-.I14:.SO rlvl. - -010 ATTORNEY OR PARTY WITHOUT ATTORNEY(Name,Slate Barnumber,and address); FOR COURT USEONLY PAYTON EMPLOYMENT LAW, PC Marissa L. Simmons,Esq.(SBN: 293215);Rayne A.Brown,Esq.(342011) 3807 W.Sierra Highway,Suite 206 Acton,California 93510 T] y q 1 TELEPHONE NO.: 7(�6}6 1) 434-1 144 FAX No,; (661) 434-1144 ATTORNEY FOR(Name): Plaintiff r a.loma Ortiz SUPERIOR COURT OF CALIFORNIA,COUNTY OFT�Orange ' STREET ADDRESS: 700 Civic Center Drive`�v�Y7est MAILING ADDRESS: 700 Civic Center Drive West CITY AND ZIP CODF: Santa Ana, CA, 92701 BRANCH NAME: Central Justice Center CASE NAME: Paloma Ortiz v. City of Santa Ana Parks and Recreation CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: 30-2023-01348523-CIJ-W-CJC 0 Unlimited = Limited (Amount (Amount = Counter Joinder Assifn-Pd for All Purpoies� demanded demanded is Filed with first appearance by defendant JUDGE, judge Deborah S e ry i n o exceeds$25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT: Items 1-6 below must be completed(see instructions on page 2). 1. Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation Auto(22) = Breach of contract/warranty(06) (Cal.Rules of Court,rules 3.400-3.403) Uninsured motorist(46) Rule 3.740 collections(09) Antitrust/Trade regulation(03) Other PIIPDMD(Personal Injury/Property = Other collections(09) = Construction defect(10) DamageMrongful Death)Tort = Insurance coverage(18) Mass tort(40) Asbestos(04) = Other contract 37( ) � Securities litigation(28) Product liability(24) Real Property Environmental/Toxic tort(30) = Medical malpractice(45) Eminent domain/inverse Insurance coverage claims arising from the = Other PI/PD/WD(23) condemnation(14) above listed provisionally complex case Non 11-PIIPDIWD(Other)Tort = Wrongful eviction(33) types(41) I�—JI Business tortlunfair business practice(07) = Other real property(26) Enforcement of Judgment III Civil rights(08) Unlawful Detainer = Enforcement of judgment(20) LJ Defamation(13) = Commercial(31) Miscellaneous Civil Complaint Fraud(16) = Residential(32) RICO(27) = Intellectual property(19) = Drugs(38) Other complaint(not specified above)(42) = Professional negligence(25) Judicial Review Miscellaneous Civil Petition = Other non-PI/PDIWD tort(35) = Asset forfeiture(05) = Partnership and corporate governance(21) Employment = Petition re:arbitration award(11) = Other petition(not specified above)(43) �✓ Wrongful termination(36) Writ of mandate(02) = Other employment(15) Other judicial review(39) 2. This case is L-&—/J is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: a. = Large number of separately represented parties d. = Large number of witnesses b. = Extensive motion practice raising difficult or novel e. = Coordination with related actions pending in one or more courts issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court c. = Substantial amount of documentary evidence f. = Substantial postjudgment judicial supervision 3. Remedies sought(check all that apply): a.0 monetary b.0 nonmonetary; declaratory or injunctive relief c.=punitive 4. Number of causes of action (specify): Three (3) 5. This case = is 0 is not a class action suit. 6. If there are any known related cases,file and serve a notice of related case. (You may use form CM-015.) Date: September 7, 2023 Marissa L. Simmons, Esq. (TYPE OR PRINT NAME) {SIGN TURE �Alll ATTORNEY FOR PARTY) NOTICE a Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result in sanctions. • File this cover sheet in addition to any cover sheet required by local court rule. • If this case is complex under rule 3,400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding. • Unless this is a collections case under rule 3.740 or a complex case,this cover sheet will be used for statistical purposes onlf. a eiof2 Form Adopted for Mandatory Use CIVIL CASE COVER SHEET Cal.Rules of Court,rules 2,30,3.220,3.400-3.403,3740, Judicial Council of California Cal.Standards of Judicial Administration,std.3.10 CM-010[Rev.July 1,2007] www.courlinfo.ca.gov CM-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1, check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action. To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party, its counsel,or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1)tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of attachment. The identification of a case as a rule 3,740 collections case on this form means that it will be exempt from the general time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case will be subject to the requirements for service and obtaining a judgment in rule 3.740. To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex,the cover sheet must be served with the complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintiffs designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that the case is complex. CASE TYPES AND EXAMPLES Auto Tort Contract Provisionally Complex Civil Litigation(Cal. Auto(22)-Personal Injury/Property Breach of ContractlWarranty(06) Rules of Court Rules 3.400-3.403) DamagelWrongful Death Breach of Rental/Lease Antitrust/Trade Regulation(03) Uninsured Motorist(46)(if the Contract(not unlawful detainer Construction Defect(10) case involves an uninsured or wrongful eviction) Claims Involving Mass Tort(40) motorist claim subject to Contract/Warranty Breach-Seller Securities Litigation(28) arbitration,check this item Plaintiff(not fraud or negligence) Environmental/Toxic Tort(30) instead of Auto) Negligent Breach of Contractl Insurance Coverage Claims Other PIlPD1WD(Personal Injury/ Warranty (arising from provisionally complex Property Damage/Wrongful Death) Other Breach of Contract/Warranty case type listed above)(41) Tort Collections(e.g.,money owed,open Enforcement of Judgment Asbestos(04) book accounts)(09) Enforcement of Judgment(20) Asbestos Property Damage Collection Case-Seller Plaintiff Abstract of Judgment(Out of Asbestos Personal Injury! Other Promissory Note/Collections County) Wrongful Death Case Confession of Judgment(non- Product Liability(not asbestos or Insurance Coverage(not provisionally domestic relations) toxiclenvironmental)(24) complex)(18) Sister State Judgment Medical Malpractice(45) Auto Subrogation Administrative Agency Award Medical Malpractice- Other Coverage (not unpaid taxes) Physicians&Surgeons Other Contract(37) Petition/Certification of Entry of Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes Malpractice Other Contract Dispute Other Enforcement of Judgment Other PIIPDMD(23) Real Property Case Premises Liability(e,g.,slip Eminent Domain/inverse Miscellaneous Civil Complaint and fall) Condemnation(14) RiCO(27) Intentional Bodily InjuryiPD1WD Wrongful Eviction(33) Other Complaint(not specified (e.g.,assault,vandalism) Other Real Property(e.g.,quiet title)(26) above)(42)Declaratory Relief Only Intentional Infliction of Writ of Possession of Real Property Injunctive Relief Only(non- Emotional Distress Mortgage Foreclosure harassment) Negligent Infliction of Quiet Title Mechanics Lien Emotional Distress Other Real Property(not eminent Other Commercial Complaint Other PIIPDIWD domain,landlord/tenant, or Non-PIIPDIWD(Other)Tort foreclosure) Case(non n complex} Business Tort/Unfair Business Unlawful Detalner Other Civil Complaint Practice(07) Commercial(31) (non-torbno ) Miscellaneous Civil Petition Civil Rights(e.g.,discrimination, Residential(32) Partnership and Corporate false arrest)(not civil Drugs(38)(if the case involves illegal Governance(21) harassment)(08) drugs, check this item;otherwise, Other Petition(not specified Defamation(e.g.,slander,libel) report as Commercial or Residential) above)(43) (13) Judicial Review Civil Harassment Fraud(16) Asset Forfeiture(05) Workplace Violence Intellectual Property(19) Petition Re:Arbitration Award(11) Elder/Dependent Adult Professional Negligence(25) Writ of Mandate(02) Abuse Legal Malpractice Writ-Administrative Mandamus Election Contest Other Professional Malpractice Writ-Mandamus on Limited Court Petition for Name Change (not medical or legal) Case Matter Petition for Relief From Late Other Nan-PIIPDfWD Tort(35) Writ-Other Limited Court Case Claim Employment Review Other Civil Petition Wrongful Termination(36) Other Judicial Review(39) Other Employment(15) Review of Health Officer Order Notice of Appeal-Labor Commissioner Appeals Page 2 of 2 cM-oiolaeV.Aiyf,zoo-Il CIVIL CASE COVER SHEET tZiearUnicany rhea Uy oupenur k uurt Ui UanrUrnfla, LUurny ui urancge, uwurr4uz-3 u4: 04:,�o rive. 30-2023 01348523-CU-WT-CJC - ROA#2- DAVID H.YAMASAKI, Clerk of the Court By A. Van Arkel, Deputy Clerk. 1 PAYTON EMPLOYMENT LAW, PC MARISSA L. SIMMONS, ESQ. (SBN: 310234) 2 RAYNE A. BROWN, ESQ. (SBN: 342011) JOHNNY D. GRIGGS, ESQ.(SBN: 110640) 3 3807 W. Sierra Highway, Suite 206 4 Acton, California 93510 Telephone: (661) 434-1144 5 Facsimile: (661) 434-1144 MSimmons Pa tonEm to mentLaw.com 6 RBrown cr PaytonEmp_loymentLaw.com JGrigg�s. PaytonEinployiuentLaw.corn 7 Attorneys for Plaintiff PALOMA ORTIZ 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF ORANGE U a 11 '-;0-2023-0134852_-CU-1I,7-CJC Case No.: Assigned for Al!Purp.Dies judge Deborah Seroino o 12 Plaintiffs Complaint for Damages: F., H ly PALOMA ORTIZ, an individual, W �i? � 13 1. Retaliation in Violation of Labor Code § Plaintiff, 1102.5• 14 Q o V. 2. Quid Pro Quo Sexual Harassment in Violation w x 15 of FEHA; and CITY OF SANTA ANA PARKS AND 3. Wrongful Termination in Violation of Public W 16 RECREATION, a California Government Policy. 00 r4Entity; DOES 1-10, business entities, forms 17 unknown; DOES 11-20, individuals; and DEMAND FOR JURY TRIAL C DOES 21-30, inclusive; 18 19 Defendants. 20 21 22 23 24 25 26 27 28 PLAINTIFF PALOMA ORTIZ'S COMPLAINT 1 Plaintiff Paloma Ortiz ("Ms. Ortiz" or "Plaintiff') hereby files this Complaint against City of 2 Santa Ana Parks and Recreation, a California Government Entity ("Defendant"). Plaintiff is informed 3 and believes, and based thereon alleges, as follows: 4 I. NATURE OF THE ACTION 5 1. Plaintiff files this action to recover damages and obtain other remedies afforded to her by law 6 for violations of the California Labor Code arising from Defendant's unlawful practices. Plaintiff 7 brings this action against Retaliation in Violation of Labor Code § 1102.5, Quid Pro Quo Sexual 8 Harassment in Violation of FEHA and Wrongful Termination in Violation of Public Policy; and 9 statutory damages and penalties, prejudgment interest, special and general damages, costs, attorneys' 10 fees, and other appropriate relief for Defendant's unlawful conduct. v p` 11 II. PARTIES, JURISDICTION,AND VENUE a <0 12 2. Plaintiff Paloma Ortiz is an individual who, at all times relevant to this action, resided in the 4 U �Z 13 County of Los Angeles, State of California. W P s14 3. At all times herein mentioned, City of Santa Ana Parks and Recreation was and is a nonprofit aw x 15 corporation organized under the laws of the State of California, was and is registered for and is doing W 16 business in California, including the County of Orange, City of Santa Ana, with headquarters at 1651 z0 LU 17 E 4th St. Ste 250, Santa Ana, CA 92701-5169. 18 4. Plaintiff is ignorant of the true names and capacities, whether individual, corporate, associate 19 or otherwise, of the Defendant sued herein under fictitious names Does 1 through 30, inclusive, and 20 for that reason sues said Defendant, and each of them, by such fictitious names. Plaintiff is informed, 21 believes, and thereupon alleges that each of the Defendant Does 1 through 30, inclusive, is and was in 22 some manner responsible for,participated in, or contributed to the matters and things of which Plaintiff 23 complains herein, and in some fashion,has legal responsibility, therefore. When Plaintiff ascertains the 24 names and capacities of the fictitiously named Defendant Does 1 through 30, inclusive, Plaintiff will 25 seek leave to amend this Complaint to set forth such facts. 26 5. Plaintiff is informed, believes, and thereupon alleges that each Defendant is, and at all times 27 relevant herein was, the agent of its co-defendants, and in committing the acts alleged herein, was 28 acting within the scope of its authority as such agent, and with the knowledge,permission, and consent PLAINTIFF PALOMA ORTIVS COMPLAINT 1 I of its co-defendants. 2 6. Jurisdiction is proper inter alia under Labor Code § 1102.5, and the FEHA. The amount in 3 controversy exceeds $25,000. 4 7. Venue is proper in the Superior Court of California, County of Orange, as this Court has 5 personal jurisdiction over Defendants pursuant to Code of Civil Procedure § 395. Plaintiff worked in 6 and violations occurred in Orange County, and the contract of employment was formed in Orange 7 County. 8 III. ADMINISTRATIVE EXHAUSTION 9 8. Plaintiff timely submitted a Government Tort Clairn Act Notice to the City of Santa Ana on U 10 June 5, 2023 pursuant to Government Code §§ 910 and 8547.10.More than 45 days have elapsed since 11 the submission of this claim without remedial action from the City of Santa Ana. Plaintiff also timely 44 a ; 12 submitted a complaint to the California Civil Rights Department on September 7, 2023, and has E.4 E WQ 13 received a Right to Sue Letter. Plaintiff has thus exhausted her administrative remedies and is now W s 14 authorized to bring this civil action. d �¢ w 15 IV. FACTUAL ALLEGATIONS Qx W 16 a. Background O � 3 17 9. Ms. Ortiz began her employment with City of Santa Ana Parks and Recreation(hereinafter, the 18 "City") on July 20, 2021 as a part-time Coordinator. In June of 2022, Ms. Ortiz was promoted to the 19 full-time position of Recreational Leader and became responsible for overseeing approximately ten 20 employees. As a new fiill-time employee, Ms. Ortiz was subject to a standard six-month probationary 21 period that expired in December 2022 and transitioned her position to that of a permanent, fiill-time 22 employee with certain employment protections. Throughout her time at the City of Santa Ana Parks 23 and Recreation, Ms. Ortiz was a diligent employee who took her supervisory duties seriously. 24 b. Ms. Ortiz Reports Wage Theft to her Supervisor 25 10. Part of Ms. Ortiz's responsibilities included signing off on employees' time sheets for accuracy. 26 Employees were paid in advance, but were required to keep track of their hours and days worked. 27 Because of this system, employees would often falsify hours by recording hours they did not work, 28 including on days they did not show up to work. Every time an employee falsified hour,Ms. Ortiz was PLAINTIFF PALOMA ORTIVS COMPLAINT 2 I required to make time adjustments to Human Resources, which was very time consuming. Ms. Ortiz 2 witnessed the wage theft and immediately reported it to her supervisor, Rodolfo ("Rudy") Hernandez 3 at the beginning of September, one month after Ms. Ortiz began to oversee Roosevelt Walker 4 Community Center. Mr. Hernandez expressed frustration from Ms. Ortiz's complaints, but failed to 5 take any action to discipline the employees. Ms. Ortiz continued to complain about employee 6 timesheets every pay period, as she felt uncomfortable signing off on tiinesheets she knew to be 7 fabricated. Despite having this knowledge, Mr. Hernandez did nothing to assist Ms. Ortiz in figuring 8 out a solution to ensure employees adequately filled out the timeshects and failed to take her complaints 9 seriously. Rather, Mr. Hernandez would simply sign off on the employee time sheets himself, despite 10 knowing the time sheets were fabricated. U z 11 C. Ms. Ortiz is Forced to Endure Sexual Harassment Throughout her Employment °u a0 12 11. Throughout her employment with the City, Ms. Ortiz was also forced to endure numerous F �4 W0 13 instances of sexual harassment by her supervisor, Mr. Hernandez. On numerous occasions, Mr. W >>,, 14 Hernandez would rub Ms. Ortiz's shoulders and be overly affectionate with her in front of other female a 15 employees, which made her uncomfortable. On other occasions, Mr. Hernandez would comment on zx 16 Mr. Ortiz's appearance, specifically her butt, and repeatedly talk about "how pretty" she was. The 0 ¢ 17 harassment continued for roughly three months, and although Ms. Ortiz did not directly report the >4 a18 harassment to Human Resources, Ms. Ortiz expressed her discomfort directly to Mr. Hernandez by 19 putting him on notice that such conduct would be reported to the proper authorities. Mr. Hernandez 20 subsequently began retaliating against Ms. Ortiz by completely ignoring her, negating all his 21 supervisory duties. 22 d. Ms. Ortiz's Supervisors Fail to Take Her Complaints Seriously 23 12. In December 2022, with the permission of Mr. Hernandez, Ms. Ortiz asked City Garden 24 employees to remove numerous gardens and shed items belonging to Garden Program Coordinator Ms. 25 De Vol Roach out of their shared working space as they were deemed unsafe and dangerous to contain 26 in an office space. Upon Ms. De Vol Roach's return to the office, she yelled at Ms. Ortiz for moving 27 their belongings, making Ms. Ortiz uncomfortable. Following this incident, Ms. Ortiz emailed Ms. 28 Devol Roach and Mr. Hernandez explaining that what transpired was unacceptable and there needs to PLAINTIFF PALOMA ORTIZ'S COMPLAINT 3 1 be a consensus in disciplining employees properly moving forward. 2 13. Thus, during this meeting on December 19, 2022, Ms. Roach, Mr. Hernandez, Ms. Ortiz 3 brought up the unprofessional atmosphere, including the employees' false reporting of wages. Rather 4 than acknowledging Ms. Ortiz's concerns, Mr. Hernandez insinuated that if he brought her concerns 5 up to Parks and Recreation Manager, Tim Pegano, Ms. Oritz's employment would be terminated. Mr. 6 Hernandez stated that "[he] knows what [Mr. Pegano] is going to tell him, and [he] does not want to 7 do that to [Ms. Ortiz]." 8 14. On December 20, 2022, Ms. Ortiz's supervisors, Mr. Pegano and Mr. Hernandez, asked for a 9 "cheekin-in" meeting stating that they were "concerned for [Ms. Ortiz's] wellbeing. Ms. Ortiz 10 reiterated her concerns and asked for a transfer to another community center. Rather than taking Ms. V 11 Ortiz's complaints seriously,her supervisors scolded her, simply stating that, "[Ms. Ortiz doesn't]have o¢ a <0 12 the rank to call the shots" and "by moving locations, [Ms. Oritz's] reputation would be that she does ZEQ 13 not work well with others." Ms. Ortiz felt she had no support working for the City following the W 14 behavior of Mr. Hernandez and lack of concern from both of her supervisors. 1t was clear to Ms. Ortiz ao¢ ►� 15 that the City did not intend to take any of her complaints seriously and resented her for bringing such w� W a 16 matters to their attention. 4024 O 3 17 e. Ms. Ortiz's Employment is Terminated Following Protected Complaints aU� 18 15. When Ms. Ortiz returned to work on January 3, 2023, she diligently continued her work in 19 preventing wage theft by implementing a new policy regarding employee attendance and reported 20 working hours. The new policy instructed employees to call the Community Center to report when 21 employees were unable to work or would be late to their respective shifts. On January 5, 2023, after 22 one of the employees she oversaw falsified their timeshect, Ms. Ortiz again complained to Mr. 23 Hernandez, stating that the conduct was not conducive to the City's new policy and the employee 24 needed to be held accountable. Mr. Hernandez continued to disregard Ms. Ortiz's complaints. 25 16. On January 18,2023,Mr. Hernandez and Mr. Pogano met with Ms. Ortiz and informed her that 26 her employment was terminated. Given that Mr. Hernandez had been visibly frustrated by Ms. Ortiz's 27 complaints throughout her employment, it is not surprising that her termination came only two weeks 28 after her most recent refusal to sign off on employees' time sheets that she knew to be fabricated. The PLAINTIFF PALOMA ORTIZ'S COMPLAINT 4 t City never critiqued Ms. Ortiz's performance during the meeting, nor did the City provide a legitimate 2 reason for her termination. Furthennore,upon information and belief,the City did not take the required 3 steps to transition Ms. Ortiz's position to that of a permanent employee after the expiration of her six- 4 month probationary period, intentionally depriving her of the benefit of certain employment 5 protections. Thus, it was clear to Ms. Ortiz that her employment was being tenninated, not for any 6 legitimate reason,but, rather, in retaliation for her protected complaints. 7 V. CAUSES OF ACTION 8 FIRST CAUSE OF ACTION 9 RETALIATION IN VIOLATION OF 10 LABOR CODE & 1102.5 (_B) U 0.i 11 (Against All Defendants) 30 av o 12 17. Plaintiff re-alleges and incorporates by reference each, and every allegation contained in the F U 13 preceding paragraphs as though fully set forth herein. s14 18. At all times herein relevant, Labor Code § 1102.5 was in full force and effect. 0 w15 19. California Labor Code section 1102.5(b) provides that "An employer, or any person acting on Wx g 16 behalf of the employer, shall not retaliate against an employee for disclosing information...to a person zOW a 17 with authority over the employee or another employee who has the authority to investigate, discover, 18 or correct the violation or noncompliance...if the employee has reasonable cause to believe that the 19 information discloses a violation of state or federal statute, or a violation of or noncompliance with a 20 local, state, or federal rule or regulation..." 21 20. Plaintiff disclosed to her employer's information that she had reasonable cause to believe 22 constituted a violation of state or federal law. Plaintiff had reasonable cause to believe that the 23 information she disclosed constituted violations of state and federal statutes, and the information 24 Plaintiff reported did in fact disclose violations of state and federal statutes, including the California 25 Labor Code. 26 21. Defendants failed to address, remedy, or give Plaintiff the authority to remedy any of these 27 reported violations. 28 22. Defendants retaliated against Plaintiff for making the disclosures described herein by engaging PLAINTIFF PALOMA ORTIVS COMPLAIN 5 1 in the harassing and retaliatory actions described herein, which ultimately resulted in Plaintiff being 2 subjected to the actions detailed herein. 3 23. There was a causal connection between Plaintiff s protected activity and the harassing and 4 retaliatory actions described herein. 5 24. Defendants' conduct was a substantial factor in causing Plaintiff's harm. 6 25. As a direct and proximate result of the acts of Defendants, as alleged above, Plaintiff has 7 incurred and will continue to incur compensatory damages, including lost earnings and other economic 8 damages, in an amount according to proof at trial. 9 26. As a further direct and proximate result of the acts of Defendants, as alleged above, Plaintiff t } 10 has suffered and will continue to suffer emotional distress and has been generally damaged in an v a 11 amount to be ascertained at trial. o a �0 12 27. Defendants authorized and ratified the wrongful acts of their agents and employees, knew in H �= , 13 advance that their agents and employees were likely to commit such acts and employed them with tti 14 conscious disregard of the rights or safety of others, and/or their officers, directors,or managing agents x15 were themselves guilty of oppression, fraud, and malice. Those who retaliated against Plaintiff were rilW a G 16 managing agents who were vested with discretionary authority to make decisions affecting City 17 employee policy regarding significant aspects of the Defendants' business. These managing agents m 18 acted with malice in engaging in the actions detailed herein in that they retaliated against Plaintiff 19 because of the complained about California and federal statutory violations despite knowing it was 20 illegal to do so under California law, in conscious disregard of Plaintiffs rights. In engaging in the 21 aforementioned conduct, Defendants aided, abetted, incited, compelled, and/or coerced unlawful 22 employment practices in violation of Labor Code § 1102.5 (b). 23 28. As a further direct and proximate result of the above-described acts of Defendant, Plaintiff has 24 necessarily incurred attorneys' fees and costs. 25 // 26 ll 27 /! 28 // PLAINTIFF PALOMA ORTIVS COMPLAINT 6 I SECOND CAUSE OF ACTION 2 QUID PRO QUO SEXUAL HARASSMENT IN VIOLATION OF FEHA 3 (Against All Defendants) 4 29. Plaintiff re-alleges and incorporates by reference the foregoing allegations as though set forth 5 herein. 6 30. The Fair Employment and Housing Act prohibits an employer or any person from harassing an 7 employee, applicant, unpaid intent or volunteer, or a person providing services pursuant to a contract, 8 because of sex and/or sexual orientation. 9 31. At all times herein relevant,Defendants,and each of them,were and are employers, supervisory 10 employees and/or employees subject to the provisions of FEHA. At all times herein relevant, Plaintiff Vo p' 11 was an employee subject to the protections of FEHA. a0 12 32. Mr. Hernandez, Plaintiff's supervisor, engaged in unwanted sexual advances towards Plaintiff U a 13 and engaged in unwanted verbal and/or physical conduct of a sexual nature, all of which was unwanted s 14 and against Plaintiff's will. 0 w15 33. The terms of Plaintiff's employment,job benefits, or favorable working conditions were made W16 contingent,by Mr. Hernandez's words or conduct, on Plaintiff's acceptance of Mr. Hernandez's forced 17 sexual advances and conduct. 18 34. Defendants, and each of them, are strictly liable under the FEHA for engaging in the above- 19 mentioned conduct because Mr. Hernandez was Plaintiff's supervisor. 20 35. As a direct and proximate result of Defendants' conduct, Plaintiff has suffered special damages 21 in the form of lost earnings, benefits, and/or out-of-pocket expenses in an amount according to proof 22 at the time of trial. As a further direct and proximate result of these Defendants' conduct, Plaintiff will 23 suffer additional special damages in the form of lost future earnings, benefits, and/or other prospective 24 damages in an amount according to proof at the time of trial. 25 36. As a fiu-ther direct and proximate result of these Defendants' conduct, Plaintiff has suffered 26 mental and emotional pain, distress, and discomfort, all to her detriment and damage in amounts not 27 fully ascertained but within the jurisdiction of this court and subject to proof at the time of trial. 28 PLAINTIFF PALOMA ORTIVS COMPLAINT 7 1 37. By engaging in the conduct alleged herein, these Defendants, and each of them, acted 2 oppressively, maliciously, fraudulently, and/or outrageously toward Plaintiff,with conscious disregard 3 for her known rights and with the intention of causing, and/or willfully disregarding the probability of 4 causing, unjust and cruel hardship to Plaintiff. In so acting, these Defendants intended to and did vex, 5 injure, and annoy Plaintiff. 6 38. Plaintiff is entitled to costs and reasonable attorney's fees pursuant to California Government 7 Code § 12965(b), and appropriate and effective equitable or injunctive relief pursuant to California 8 Government Code § 12965(c). 9 THIRD CAUSE OF ACTION 10 WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY U 11 (Against All Defendants) a <0 12 39. Plaintiff re-alleges and incorporates by reference the foregoing allegations as though set forth HF-u W 13 herein. y„ 14 40. Irrespective of any employment contract, the Employer Defendants' right to discharge Plaintiff w 15 was subject to limits imposed by public policy of the State of California. Wa 16 41. It is settled that an employer's discharge of an employee in violation of a fundamental public O 17 policy embodied in a constitutional or statutory � �c P y y provision gives rise to a tort action for wrongful 18 termination in violation of public policy. 19 42. Employer Defendants' discharge of Plaintiff violated the public policy of the State of 20 California, as expressed in provisions of the California Labor Code including but not limited to, the 21 FEHA, the California Constitution, and California Labor Code § 1102.5. Such violations may serve 22 as the basis of an action for wrongful termination in violation of public policy. See Lazar v. Superior 23 Court(1996) 12 Cal, 4th 631. 24 43. Plaintiff's employment was terminated by Defendants in retaliation for making several 25 protected complaints regarding Defendants' unlawful practices and her refusal to participate in such 26 practices. 27 44. Such actions are unlawful in violation of the laws and public policy of the State of California, 28 and have resulted in damages and injury to Plaintiff, including general damages in an amount to be PLAINTIFF PALOMA ORTIZ'S COMPLAINT 8 1 proven at trial. 2 45. As a direct and proximate result of said wrongful acts by Defendants, Plaintiff has suffered and 3 will continue to suffer substantial losses in earnings and other employment benefits, along with other 4 incidental and consequential damages and losses, all in an amount to be proven at the time of trial. 5 Plaintiff claims such amount as damages together with prejudgment interest pursuant to Civil Code § 6 3287 and any other provision of law providing for prejudgment interest. 7 46. As direct and proximate result of Defendants' wrongful acts, Plaintiff has suffered and will 8 continue to suffer emotional distress, loss of earnings, future loss of earnings, loss of status and future 9 status, loss of other employment benefits and job opportunities all to her damage in a sum to be 10 established according to proof. U o p` z 11 47. As a direct and proximate result of said wrongful acts by Defendants, Plaintiff has incurred 06 o 12 attorneys' fees in an amount to be determined, for which Plaintiff claims a sum to be established Wo 13 according to proof. y 14 PRAYER FOR RELIEF O 15 WHEREFORE, Plaintiff prays as follows: W o 16 1. For an award of all actual,consequential, compensatory,and incidental financial losses suffered 0 Q 17 by Plaintiff, including lost wages, back pay, front pay, and lost employment benefits in an amount of U o 18 at least$250,000; 19 2. For an award of general and special damages, including from the emotional distress and mental 20 anguish suffered by Plaintiff in an amount of$250,000; 21 3. Penalties pursuant to Labor Code § 1102.5; 22 4. Penalties pursuant to the FEHA, 23 5. For an award of Plaintiff's attorneys' fees and costs under applicable statutory bases, including 24 California Labor Code section 1102.5(b), 12965 (b),and the FEHA,and for prejudgment interest under 25 Civil Code § 3287 or 3288, and other applicable statutory bases; 26 6. For declaratory relief against Defendants, their officers, agents, successors, employees, 27 representatives, and any and all persons acting in concert with theirs that engaging in each of the 28 practices complained of in this Complaint are unlawful; and PLAINTIFF PALOMA ORTIZ'S COMPLAINT 9 1 7. For such other and further relief as the Court deems just and proper. 2 3 Respectfully submitted, 4 5 Dated: September 7, 2023 PAYTON EMPLOYMENT LAW, PC 6 By: 7 Marissa L. Si ons, Rayne A. Br wn, Esq. S Johnny D. Griggs, Esq. Attorneys for Plaintiff 4 PALOMA ORTIZ 10 U ' 11 DEMAND FOR JURY TRIAL o U a <0 12 Plaintiff PALOMA ORTIZ hereby demands a jury trial for the causes of action set forth herein. W �F-4 Q 13 W 14 Dated: September 7, 2023 PAYTON EMPLOYMENT LAW, PC ax 15 1 w :- 1"/q W 16 By Marissa L. Si mons, sq. � a Rayne A. Brown, Esq. 17 Johnny D. Griggs, Esq. U r Attorneys for Plaintiff 18 PALOMA ORTIZ 19 20 21 22 23 24 25 26 27 28 PLAINTIFF PALOMA ORTIZ'S COMPLAINT 10 SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATION PACKAGE NOTICE TO PLAINTIFF(S) AND/OR CROSS-COMPLAINANT(S): Rule 3.221(c) of the California Rules of Court requires you to serve a copy of the ADR Information Package along with the complaint and/or cross-complaint. California Rules of Court—Rule 3.221 Information about Alternative Dispute Resolution (ADR) (a) Each court shall make available to the plaintiff, at the time of filing of the complaint, an ADR Information Package that includes, at a minimum, all of the following: (1) General information about the potential advantages and disadvantages of ADR and descriptions of the principal ADR processes. (2) Information about the ADR programs available in that court, including citations to any applicable local court rules and directions for contacting any court staff responsible for providing parties with assistance regarding ADR. (3) Information about the availability of local dispute resolution programs funded under the Dispute Resolutions Program Act (DRPA), in counties that are participating in the DR-PA. This information may take the form of a list of the applicable programs or directions for contacting the county's DRPA coordinator. (4) An ADR stipulation form that parties may use to stipulate to the use of an ADR process. (b) A court may make the ADR Information Package available on its website as longas paper copies are also made available in the clerk's office. (c) The plaintiff must serve a copy of the ADR Information Package on each defendant along with the complaint. Cross-complainants must serve a copy of the ADR Information Package on any new parties to the action along with the cross-complaint. L 1200 Rev.Dec.2019 Pagel of 4 SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE ADR Information Introduction. Most civil disputes are resolved without filing a lawsuit, and most civil lawsuits are resolved without a trial. The courts and others offer a variety of Alternative Dispute Resolution (ADR) processes to help people resolve disputes without a trial. ADR is usually less formal, less expensive, and less time-consuming than a trial. ADR can also give people more opportunity to determine when and how their dispute will be resolved. BENEFITS OF ADR. Using ADR may have a variety of benefits, depending on the type of ADR process used and the circumstances of the particular case. Some potential benefits of ADR are summarized below. Save Time. A dispute often can be settled or decided much sooner with ADR; often in a matter of months, even weeks, while bringing a lawsuit to trial can take a year or more. Save Money. When cases are resolved earlier through ADR, the parties may save some of the money they would have spent on attorney fees, court costs, experts' fees, and other litigation expenses. Increase Control Over the Process and the Outcome. In ADR, parties typically play a greater role in shaping both the process and its outcome. In most ADR processes, parties have more opportunity to tell their side of the story than they do at trial. Some ADR processes, such as mediation, allow the parties to fashion creative resolutions that are not available in a trial. Other ADR processes, such as arbitration, allow the parties to choose an expert in a particular field to decide the dispute. Preserve Relationships. ADR can be a less adversarial and hostile way to resolve a dispute. For example, an experienced mediator can help the parties effectively communicate their needs and point of view to the other side. This can be an important advantage where the parties have a relationship to preserve. Increase Satisfaction. In a trial, there is typically a winner and a loser. The loser is not likely to be happy, and even the winner may not be completely satisfied with the outcome. ADR can help the parties find win-win solutions and achieve their real goals. This, along with all of ADR's other potential advantages, inay increase the parties' overall satisfaction with both the dispute resolution process and the outcome, Improve Attorney-Client Relationships. Attorneys may also benefit from ADR by being seen as problern- solvers rather than combatants. Quick, cost-effective, and satisfying resolutions are likely to produce happier clients and thus generate repeat business from clients and referrals of their friends and associates. DISADVANTAGES OF ADR. ADR may not be suitable for every dispute. Loss of protections. If ADR is binding, the parties normally give up most court protections, including a decision by a judge or jury under formal rules of evidence and procedure, and review for legal error by an appellate court. L1200 Rev.Dec.2019 Page 2 of Less discovery. There generally is less opportunity to find out about the other side's case with ADR than with litigation. ADR may not be effective if it takes place before the parties have sufficient information to resolve the dispute. Additional costs. The neutral may charge a fee for his or her set-vices. If a dispute is not resolved through ADR,the parties may have to put time and money into both ADR and alawsuit. Effect of delays if the dispute is not resolved. Lawsuits must be brought within specified periods of time, known as statues of limitation. Parties must be careful not to let a statute of limitations run out while a dispute is in an ADR process. TYPES OF ADR IN CIVIL CASES. The most commonly used ADR processes are arbitration, mediation, neutral evaluation and settlement conferences. Arbitration. In arbitration, a neutral person called an "arbitrator" hears arguments and evidence from each side and then decides the outcome of the dispute. Arbitration is less formal than a trial, and the rules of evidence are often relaxed. Arbitration may be either "binding" or "nonbinding." Binding arbitration means that the parties waive their right to a trial and agree to accept the arbitrator's decision as final. Generally, there is no right to appeal an arbitrator's decision. Nonbinding arbitration means that the parties are free to request a trial if they do not accept the arbitrator's decision. Cases for Which Arbitration May Be Appropriate. Arbitration is best for cases where the parties want another person to decide the outcome of their dispute for them but would like to avoid the formality, time, and expense of a trial. It may also be appropriate for complex matters where the parties want a decision-maker who has training or experience in the subject matter of the dispute. Cases for Which Arbitration May Not Be Appropriate. If parties want to retain control over how their dispute is resolved, arbitration, particularly binding arbitration, is not appropriate. In binding arbitration, the parties generally cannot appeal the arbitrator's award, even if it is not supported by the evidence or the law. Even in nonbinding arbitration, if a party requests a trial and does not receive a more favorable result at trial than in arbitration, there may be penalties. Mediation. In mediation, an impartial person called a "mediator" helps the parties try to reach a mutually acceptable resolution of the dispute. The mediator does not decide the dispute but helps the parties communicate so they can try to settle the dispute themselves. Mediation leaves control of the outcome with the parties. Cases for Which Mediation May Be Appropriate. Mediation may be particularly useful when parties have a relationship they want to preserve. 5o when family members, neighbors, or business partners have a dispute, mediation may be the ADR process to use. Mediation is also effective when emotions are getting in the way of resolution. An effective mediator can hear the parties out and help them cormmunicate with each other in an effective and nondestructive manner. Cases for Which Mediation May Not Be Appropriate. Mediation may not be effective if one of the parties is unwilling to cooperate or compromise. Mediation also may not be effective if one of the parties has a significant advantage in power over the other. Therefore, it may not be a good choice if the parties have a history of abuse or victimization. Neutral Evaluation. In neutral evaluation, each patty gets a chance to present the case to a neutral person called an "evaluator." The evaluator then gives an opinion on the strengths and weaknesses of each party's evidence and arguments and about how the dispute could be resolved. The evaluator is L 1200 Rev.Dec.2019 Page 3 of 4 often an expert in the subject matter of the dispute. Although the evaluator's opinion is not binding, the parties typically use it as a basis for trying to negotiate a resolution of the dispute. Cases for Which Neutral Evaluation May Be Appropriate. Neutral evaluation may be most appropriate in cases in which there are technical issues that require special expertise to resolve or the only significant issue in the case is the amount of damages. Cases for Which Neutral Evaluation May Not Be Appropriate.Neutral evaluation may not be appropriate when there are significant personal or emotional barriers to resolving the dispute. Settlement Conferences. Settlement conferences may be either mandatory or voluntary. In both types of settlement conferences, the parties and their attorneys meet with a judge or a neutral person called a "settlement officer" to discuss possible settlement of their dispute. The judge or settlement officer does not make a decision in the case but assists the parties in evaluating the strengths and weaknesses of the case and in negotiating a settlement. Settlement conferences are appropriate in any case where settlement is an option. Mandatory settlement conferences are often held close to the date a case is set for trial. ADDITIONAL INFORMATION. In addition to mediation, arbitration, neutral evaluation, and settlement conferences, there are other types of ADR, including conciliation, fact finding, mini-trials, and summary jury trials. Sometimes parties will try a combination of ADR types. The important thing is to try to find the type or types of ADR that are most likely to resolve your dispute. To locate a dispute resolution program or neutral in your community: • Contact the California Department of Consumer Affairs,Consumer Information Center,toll free,at 1-800-852-5210 • Contact the Orange County Bar Association at (949) 440-6700 • Look in the telephone directories under"Arbitrators"or"Mediators" Low cost mediation services are provided under the Orange County Dispute Resolution Program Act (DRPA). For information regarding DRPA, contact: • OC Human Relations (714)480-6575, mediator@ochumanrelations.org • Waymakers (949)250-4058 For information on the Superior Court of California, County of Orange court ordered arbitration program, refer to Local Rule 360. The Orange County Superior Court offers programs for Civil Mediation and Early Neutral Evaluation (ENE).For the Civil Mediation program, mediators on the Court's panel have agreed to accept a fee of $300 for rip to the first two hours of a mediation session. For the ENE program, members of the Court's panel have agreed to accept a fee of $300 for up to three hours of an ENE session. Additional information on the Orange County Superior Court Civil Mediation and Early Neutral Evaluation (ENE) programs is available on the Court's website at www.occourts.org. L 1200 Rev.Dec.2019 Page 4 of 4 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO.: FOR COURT USE ONLY NAME: FIRM NAME: STREET ADDRESS: For your protection CITY: STATE: ZIP CODE: and privacy, please TELEPHONE NO.: FAX NO.: Press the Clear "I his E-MAIL ADDRESS: ATTORNEY FOR(name): �'t}t'1Tl button after y O O are done printing this SUPERIOR COURT OF CALIFORNIA,COUNTY OF ORANGE ft-wrrT JUSTICE CENTER: ❑ Central-700 Civic Center Dr.West,Santa Ana,CA 92 7 0 1-4045 ❑ Civil Complex Center-751 W.Santa Ana Blvd.,Santa Ana,CA 9270 1-45 1 2 ❑ Harbor—Newport Beach Facility—4601 Jamboree Rd.,Newport Beach,CA 92660-2595 ❑North—1275 N. Berkeley Ave.,P.O. Box 5000,Fullerton,CA 92838-0500 ❑West—8141 13"'Street,Westminster,CA 92683-4593 PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: ,ALTERNATIVE DISPUTE RESOLUTION (ADR) STIPULATION CASE NUMBER: Plaintiff(s)/Petitioner(s), and defendant(s)/respondent(s), agree to the following dispute resolution process: Mediation Arbitration (must specify code) []Under section 1141.11 of the Code of Civil Procedure Under section 1280 of the Code of Civil Procedure Neutral Case Evaluation The ADR process must be completed no later than 90 days after the date of this Stipulation or the date the case was referred,whichever is sooner. I have an Order on Court Fee Waiver(FW-003) on file, and the selected ADR Neutral(s) are eligible to provide pro bono services. The ADR Neutral Selection and Party List is attached to this Stipulation. We understand that there may be a charge for services provided by neutrals.We understand that participating in an ADR process does not extend the time periods specified in California Rules of Court,rule 3.720 et seq. Date: (SIGNATURE OF PLAINTIFF OR ATTORNEY) (SIGNATURE OF PLAINTIFF OR ATTORNEY) Date: (SIGNATURE OF DEFENDANT OR ATTORNEY) (SIGNATURE OF DEFENDANT OR ATTORNEY) ALTERNATIVE DISPUTE RESOLUTION(ADR) STIPULATION Approved for Optional Use California Rules of Court,rule 3.221 L1270(Rev.March 2019) Becerra, Alexis From: Jackie Angel Investor < Sent: Friday, October 3, 2025 11:17 AM To: eComment; Durham, Daniel Cc: Vazquez, Benjamin; Ryberg, Erinn Subject: Rita Ramirez v. City of Santa Ana, Attachments: Rita Ramirez v. City of Santa Ana.pdf -Attention: This email originated from outside of City of Santa Ana.Use caution when opening attachments or links. Public Records Request Rita Ramirez v. City of Santa Ana, Orange County Superior Court Case No. 30-2022- 01287702-CU-0 E-NJC "Police Administrative Manager" detailing police chief's gang loyalty test defunct gang Santa Ana PD is fired here, and was given a domestic abuse restraining order not to come near us. FYI i tectronicall llod by: m erio'gouTf,gf.Califorr}id, GQun of Orang%10121/2022 1212,155 IOW 4«202 1a 41287702- -DE-MG- . 4-DAVID H,YAMASAK.I, Clerk oaf the CoUrt'i y Kr Trent, Ossify Clark, SUMMONS FOR Q(XW7 USK ONLY [saW PAPA Iist bE Ili t;ovM NOTIC9,TO DEFENDANT, (AVI a t=1 AL 06 MAN ADC))., CITY C)P ",NTA AM, an entity of unknown. origin, and T DES 1 -50, �'1tC�tR�4a S3'�r OF THE e.'XDtF,NC1L. Ro t m yeas hausb ra open,Ttm epos, +fdn�ide against yaxr sithi tlrynur.kra 0beard uttiless n r a wlfl Yi Ci dnyt;_. aid the i s5r n�]titln ts'alr?t.�„ Y Pl va 3Q J�Iq M. 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( OUP'41:13.40(a nclatlen Dr partria,ship) CCP 416.00.(auftrixed peraon) dthee.(tpecl ^ Q. by #root1 i delivelly on(di5te); 49 . . PA<[¢I ut t F'mnA. fAr(rigr[d Uam �SUMMONS �S4SI@i7P:iyiiAl.��nGnd,9rt.���t�2b9d& JSaJuv�N1 otf3�1'itGrr�q. EB w,vw rxwrkhhr, u VvWiw_��b.��I�f SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE FOR COURT USE ONLY STREET ADDRESS: q 275 N.Berkeley Ave FILED MAILINGADDRESS: 1275 N.Berkeley Ave WPOR100 COUP t'OP CALMRNIA CITY AND ZIP CODE:Fullerton 92838 COOKY Wr OnANQ5 BRANCH NAME: North Justice Center PLANTIFF:Rita Ramirez DEFENDANT:City of Santa Ana oct 25,2022Clerk of the Superior Court Short Title;RAMIREZ VS.CITY OF SANTA ANA By:K,TRENT,Deprrty NOTICE OF HEARING CASE NUMBER: 30-2022-01287702-CU-O E-NJC CASE MANAGEMENT CONFERENCE Please take notice that a(n), Case Management Conference has been scheduled for hearing on 04/13/2023 at 08:30:00 AM in Department N15 of this court, located at North Justice Center. Plaintiff(s)IPetitioner(s) to provide notice to all defendant(s)/respondent(s). Parties who file pleadings that add new parties to the proceeding must provide notice of the Case Management Conference to the newly added parties. i IWORTA R.;Prior to your heating date,totem chwk the Co rt`s website for the,most cuff ent instrucfiong regarding how to appear for your head:and access services that are available to anwer you questiGns, Cif Matters- s:lfwww- c -oxr `media-xe ti sfcivil-ht l P at Health-h - mg s_ g-j - lytil�r t�•- crt[ t-hea .htm Appellate:Division- s _c rts.aa ia- f law a[s-rccot _ 1l 'o# li TA TE:Antes&Es legit de su a diencia,visite el s.it%a web de la C+xte para saber des sm las €MCCw ses mis actuAes para participaren la audiencia y toes acceso a i s servicios disponibles para responder as us preglantas. Ca.um Civiles-https:/hnyiv. c=ts.orWP edict relatit alci - Itutl Casos de Probate y Salud h ntal-https_i/n my rmawts.or ,_„ccl12:relatiQnL` b -mental-health.himI Divisi do apelaci -l psJ/w yy:occ tat _cr t da latio falap is,re ds hunt l :A THONG:Tru&ngAy phiiin tea c&quk vi,voi 1 i tra m� t do' bi& h tg hu6ng din 67 t v6 c h.ra hAu phi L t6a.1da q v.viti6p con nh dick va hi En c6 d. iN ft nh*n the m aic eat quk vi. Van D8 Din Sit :J/ .pccox . ea a-sc `civil-html Thd T i Chh i e Khbe Tinh` l to-ht s x tts_gr -re €oba -g al- t1a:h� Ban phi: : h .11,L vw a c ult;s_c rclat€ app ats-r a A Clerk of the Court, By: , Deputy NOTICE OF HEARING Pago'I SUPERIOR COURT OF CALIFORNIA, COUNTY OFORANGE North Justice Center 1275 N. Berkeley Ave Fullerton 92838 SHORT TITLE. RAMIREZ VS. CITY OF SANTA ANA CLERK'S CERTIFICATE OF SERVICE BY MAIL CASE NUMBER: 30-2022-01287702-CU-OE-NJC certify that I am not a party to this cause. I certify that a true copy of the above Notice of Hearing has been placed for collection and mailing so as to cause it to be mailed in a sealed envelope with postage fully prepaid pursuant to standard court practices and addressed as indicated below. The certification occurred at Fullerton , California,on 10/2512022. Following standard court practice the mailing will occur at Sacramento, California on 10/26/2022. Clerk of the Court, by: , Deputy LAW OFFICE OF LAWRENCE J. LENNEMANN LAW OFFICES OF JOHN GIRARDI .29900 HAWTHORNE BOULEVARD 29900 HAWTHORNE BOULEVARD ROLLING HILLS ESTATES, CA 90274 ROLLING HILLS ESTATES, CA 90274 CLERK'S CERTIFICATE OF SERVICE BY MAIL Page:2 V31013a(June 2004) Code of Clvil Procedure,4 ccpio13(a) Electronically Filed by Superior Court of California, County of Orange, 10/21/2022 12:12:55 PM. 30-2022-01287702-CU-OE-NJC- ROA#3- DAVID H.YAMASAKI, Clerk of the Court By K.Trent, Deputy Clerk. CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY(Name,State earnumbe,and address); FOR COURT USE ONLY Lawrence L. Lennemann, Law Office of Lawrence J. Lennemann, SBNt 134108 John A. Girardi, Law Offices of John Girardi, 5BN: 54917 29900 Hawthorne Blvd. Rolling Hills Estates, CA 90274 TELEPHONE NO.: (310)265-5707 FAx NO,(0ptronal); E•MAILADDRESS: lennemannle@gmail.com ATTORNEY FOR(Name)., plaintiff, Rita Ramirez SUPERIOR COURT OF CALIFORNIA,COUNTY OF ORANGE STREETADDRESS: orange County Superior Court st MAILINGADDRESS; North.Justice Center CITY AND ZIP CODE: I 1275 North Berkeley Avenue BRANCH NAME: I Fullerton,CA 92832 CASE NAME; Rita Ramirez, an Individual vs. City of Santa Ana, an entity of unknown origin and DOSS 1-50, Inclusive CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: 0 2022 12877U2 OU-OE•NjC CM Unlimited ®i-imited (Amount (Amount [J Counter ®toinder demanded demanded is Filed with first appearance by defendant JUDGE: Judge Nathan Vu exceeds$25,000) $25,000 or less) (Cal. Rules of Court,rule 3.402) DEPT,: Items 1-6 below must be corn lsted see Insfrucflons on age 2. 1. Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation Auto(22) Breach of contracllwarranty(06) Cal.Rules of Court,rules 3.400-3.403) Uninsured motorist(40) Rule 3.740 collections(09) Antitrust/Trade regulation(03) Other PUPDlWD(Personal InjurylProperty Other collections(09) Construction defect(10) DamagelWrongiul Death)Tort Insurance coverage(18) Mass tort(40) Asbestos(04) Other contract(37) Secludes litigation(28) Product Ilability(24) Real Property Envlronmentairroxic tort(30) Medical malpractice(45) ®Eminent domainiinverse Insurance coverage claims arising from the Other PIIPDiWD 23 above listed provisionally complex case { ) condemnation(14) types(41) Non-PIIPDIWD(Other)Tort Wrongful eviction(33) Business tortlunfair business practice(07) Other real property(26) Enforcement of Judgment Civil rights(08) Unlawful Detainer ®Enforcement of judgment(20) Defamation(13) Commercial(31) Miscellaneous Civil Complaint Fraud(10) Residential(32) RICO(27) Intellectual property(19) Drugs(38) Other complaint(not specified above) (42) Professional negligence(25)Other n Judicial Review Miscellaneous Civil Petition Other on-PliPDiWD tort(35} Asset forfeiture(05) Partnership and corporate governance(21) Employment Petition re:arbitration award(11) E10111her petition(not specified above) (43) ElWrongful termination(36) Writ of mandate(02) Other employment(15) d Other judicial review(39) 2. This case ® is ®is not complex under rule 3,400 of the California Rules of Court. If the case Is complex,mark the factors requiring exceptional judicial management: a. Large number of separately represented parfies d. Large number of witnesses b. Extensive motion practice raising difficult or novel e. Coordination with related actions pending in one or more Issues that will be time-consuming to resolve courts in other counties, states,or countries,or in a federal c. ®Substantial amount of documentary evidence court f. Substantial postjudgrnent judicial supervision 3. Remedies sought(check all that apply): a. Omonetary b. nonmonetary; declaratory or injunctive relief c, ®punitive 4. Number of causes of action(specify): SAlrabor Code 1102.5;(2)Retaliation; 43lniacriminationr(4)naraooment (5) Pailure to Take Corrective Action 5. This case ®is Is not a class action suit, B. If there are any known related cases,file and serve a notice of related case. (You may use M-015.) Date: October 21, 2022 Lawrence :T. Lennemann (TYPE OR PRINT NAME) (SIGNATU F OR ATTO EY FOR PARTY) NOTICE -- • Plaintiff must file this cover sheet with the first paper filed in the action or proceeding(except small claims cases or cases filed under the Probate Code,Famlly Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.)Failure to file may result in sanctions. • File this cover sheet in addition to any cover sheet required by local court rule. . If this case is complex under rule 3.400 at seq.of the California Rules of Court,you must serve a copy of this cover sheet on all other parties to the action or proceeding. • Unless this Is a collections case under rule 3,740 or a complex case,this cover sheet will be used for statistical purposes only, PP Page 1 of FoudlRc[a�cau�1�I of G Ilfomla Use Cal.Rules of�ou�f,Mea 2.30,gg 220 3 400-33,403 3,740; CM•09o[Rsv.5oplem�erM02ll ®CEfflEssnntt»f CIVIL CASE COVER SHEET cal.StendardsorJudiralAdmfnlatratien sti1.3.10 ceb.com MForl www,courls,ca.gov CM-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs and Others Filing First Papers. If you are filing a first paper(for example,a complaint)in a civil case,you must complete and file,along with your first paper,the Civil Case Cover Sheet contained on page 1.This information will be used to compile statistics about the types and numbers of cases filed.You must complete items 1 through B on the sheet. In item 1,you must check one box for the case type that best describes the case,If the case fits both a general and a more specific type of case listed in item 1, check the more specific one.If the case has multiple causes of action,check the box thatbest Indicates the primary cause of action. To assist you In completing the sheet,examples of the cases that belong under each case type in item 1 are provided below.A cover sheet must be filed only with your initial paper.Failure to file a cover sheet with the first paper filed in a civil case may subject a party, Its counsel,or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. To Parties in Rule 3.740 Collections Cases. A"collections case"under rule 3.740 is defined as an.action for recovery of money owed In a sum stated to be certain that is not more than$25,000,exclusive of interest and attorney's fees,arising from a transaction In which property,services,or money was acquired on credit,A collections case does not include an action seeking the following:(11 tart damages,(2)punitive damages,(3)recovery of real property,(4)recovery of personal property,or(5)a prejudgment writ of attachment The Identification of a case as a rule 3.740 collections case on this form means that It will be exempt from the general time-for-service requirements and case management rules, unless a defendant files a responsive pleading.A rule 3,740 collections case will be subject to the requirements for service and obtaining a judgment in rule 3.740. To Parties In Complex Cases. In complex cases only,parties must also use the Civil Case Cover Sheet to designate whether the case is complex.If a plaintiff believes the case Is complex under rule 3.400 of the California Rules of Court,this must be indicated by completing the appropriate boxes in items 1 and 2.If a plaintiff designates a case as complex,the cover sheet must be served with the complaint on all parties to the action.A defendant may file and serve no later than the time of its first appearance a joinder in the A plalntifrs designation,a counter-designation that the case Is not complex,or,if the plaintiff has made no designation,a designation that the case is complex. CASE TYPES AND EXAMPLES Auto Tart Contract Auto(22)-Personal Injury/Property Breach of ContractlWarranty,(06) Provisionally Complex Civil Litigation(Cal. Rules of Court Rules 3.400-3,403 Damage/Wrongful Death Breach of Rental/Lease AntitrustfTrade Regulation )03 Uninsured Motorist(46) (if the Contract (not unlawful detainer g ( ) or wrongful eviction case involves an uninsured g ) Construction Defect(10)Claims Involving Mass Tort 4 motorist claim subject to CantracWUarran#y Breach-Seller Securities Litigation 28 ( 0) arbitration,check this item Plaintiff (not fraud ornegllgence) Environmental/Toxic To) (30) instead ofAuto) Negligent Breach of Contract/ Insurance Coverage ClaiTort(3 Other Pt1PD1WD(Personal Injuryl OthervBreach of ContractlWarranly (arising from provisionally complex Property Damage/Wrongful Death) Collections(e.g.,money owed,open case type listed above) (41) Tort book accounts)(09) Enforcement of Judgment Asbestos(04) Collection Case-Seller Plaintiff Enforcement of Judgment(20) Asbestos Property Damage other Promissory NotelCotleations Abstract of Judgment(Out of Asbestos Personal Injuryl Case County) Wrongful Death Insurance Coverage(notprovislonally Confession of Judgment (non- Product Liability(not asbestos or complex)08) domestic relations) toxiclanvironmental) (24) Auto Subrogation Sister State Judgment Medical Malpractice(45) Other Coverage Administrative Agency Award Medical Malpractice- Other Contract(37) (not unpaid taxes) Physicians&Surgeons Contractual Fraud PetltionlCertifleation of Entry of Other Professional Health Care Other Contract Dispute Judgment on Unpaid Taxes Malpractice Real Property', Other Enforcement of Judgment Other PI1PDlWD(23) Eminent Domalnlinverse Case Premises Liability(e.g,,slip Condemnation(14) Miscellaneous Civil Complaint and fall) Wrongful Eviction(33) RICO(27) intentional Bodily Injury/PDMll7 Other Real Property e. Other Complaint nots specified (e.g.,assault,vandalism) P Y( g f quiet title)Property above P 42 ( p intentional Infliction of Mortgage of Possession of Real Property Declaratory)Relief Only Emotional Distress MoegTitle,Foreclosure Injunctive ReliefOnl non- Negligent Infliction of owlet Title Y Other Real Properly (not eminent harassment) Emotional Distress domain,landlo►d4enant,or Mechanics Lien Other PIIPDIWD foreclosure} Other Commercial Complaint Nan•PIlPD1WD(Other)Tort Unlawful Detainer Case (non-tortfion-complex} Business Tort/Unfair Business Commercial(31) Other oCivil n-t Complaint Practice(07) Residential(32) (non tart/nan complex) Civil Rights(e.g.,discrimination, Drugs(38)(if the case involves illegal Miscellaneous Civil Petition false arrest)(not civil drugs,check this item;otherwise, Partnership and Corporate harassment) (08) report as Commercial or Residential) Governance(21). Defamation(e.g.,slander,libel) Other Petition(not spacifled Judicial Review (13) above)(43) Fraud(16) Asset Forfeiture(05) Civil Harassment Intellectual Properly(19) Petition Re:Arbitration Award(11) Workplace Violence Professional Negligence(26) Writ of Mandate(02) Elder/Dependent Adult Legal Malpractice Wrlt--Administrative Mandamus Abuse Other Professional Malpractice Writ-Mandamus on Limited Court Election Contest Case Matter (not medical or legal) Petition far Name Change Writ-Other Limited Court Case Other Non-PIlPDMVD Tort(35) Review Petition for Relief from Late Employment Other Judicial Review(39) Claim Other Civil Petition Wrongful Termination(36) Review of Health Officer order Other Employment(IS) Notice of Appeal-Labor Commissioner Appeals ev. 5-pleffibet 1.20211 11111111CIEff Essesdlal CIVIL CASE COVER SHEET Fage2of2 cob.com i Fyift- Electronically Filed by Superior Court of California, County of Orange, 10/21/2022 12:12:55 PM. 30 022-01287702-CU-OE-NJC- ROA#2- DAVID H.YAMASAKI, Clerk of the Court By K.Trent, Deputy Clerk, 1 JOHN A. GIIRARDI, State Bar No. 54917 LAW OFFICES OF JOHN GIRARDI 2 29900 Hawthorne Boulevard Rolling Hills Estates, CA 90274 3 (310) 265-5787 Telephone ohn ohn irardilaw.com 4 LAWRENCE J. LENNEMANN, State Bar No. 134108 5 LAW OFFICE OF LAWRENCE J. LENNEMANN 29900 Hawthorne Boulevard 6 Rolling Hills Estates, CA 90274 (310) 265-5788 Telephone 7 lennemannle@gmail.com 8 Attorneys for Plaintiff RITA RAMIREZ 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF ORANGE 12 Assigned for All Purposes RITA RAMIREZ, an Individual CASE NO.; Judge Nathan Vu 13 30-2022-01287702-CU-OE-NJ0 14 PLAINTIFF RITA RAMIREZ'S COMPLAINT Plaintiff, FOR: 15 (1)RETALIATION IN VIOLATION OF LABOR CODE §1102.5; 16 vs. (2)RETALIATION IN VIOLATION OF THE 17 FAIR EMPLOYMENT AND HOUSING ACT; (3) DISCRIMINATION IN VIOLATION OF 1$ THE FAIR EMPLOYMENT AND HOUSING CITY OF SANTA ANA, an entity of unknown ACT; 19 origin; and DOES 1 - 50, Inclusive, (4) HARASSMENT IN VIOLATION OF THE 20 FAIR EMPLOYMENT AND HOUSING ACT; AND 21 (5) FAILURE TO TAKE CORRECTIVE 22 Defendants. ACTION IN VIOLATION OF FAIR 23 EMPLOYMENT AND HOUSING ACT 24 REQUEST FOR JURY TRIAL 25 Plaintiff Rita Ramirez("RAMIREZ" or"Plaintiff'),with knowledge as to her own acts and based 26 27 upon information and belief with regard to all other matters,by and through her attorneys of record,alleges: 28 111 111 a RAmnmv.C=oFSANTAANA CASBNO. COMPLNNP 1 1. RAMIREZ is an individual who, at all times relevant herein,was employed by Defendant 2 City of Santa Ana("CITY"or"Defendant")as CITY's Police Administrative Manager at CITY's business 3 4 office(s)located in the County of Orange, State of California. 5 2. RAMIREZ alleges that CITY is a municipality doing business in the County of Orange, State 6 of California. The Santa Ana City Council,as the governing body of the City of Santa Ana,acts,represents, 7 and implements policy on the behalf of CITY. 8 9 3. Defendants CITY and DOE Defendants i through 50 are hereinafter sometimes collectively 10 referred to as"DEFENDANTS". 11 4. On July 18,2022,RAMIREZ exhausted her administrative remedies by causing CITY to be 12 served with a Government Claim. On July 20, 2022, although CITY, via its Third Party Administrator, 13 14 acknowledged receipt of the claim and stated that it"w[ould] be communicating with [RAMIREZ] in the 15 near future in regard to this matter",RAMIREZ was never contacted and the claim was denied by operation 16 of law.Additionally on or about July 18, 2022,RAMIREZ filed a Complaint with the Department of Fair 17 18 Employment and Housing and, on July 25, 2022,RAMIREZ caused both her Complaint and the resulting 19 Right-to-Sue Notice to be served on CITY. 20 5. RAMIREZ is presently not aware of the true names and/or capacities of Defendants DOES 21 1 through 50,inclusive,and therefore sues said Defendants by such fictitious names.RAMIREZ is informed 22 and believes and upon such information and belief alleges that said fictitiously named Defendants are 23 24 directly and proximately responsible for the injuries and damages alleged herein.RAMIREZ will amend this 25 Complaint to allege the true names and capacities of said fictitiously named Defendants when, and if, 26 ascertained. 27 111 28 111 z RAmnazv. CITYoFSANTAANA CAmNo, COMPI.AIIIT 1 6. RAMIREZ is informed and believes,and upon such information and belief alleges,that, at 2 3 all relevant times, each and every Defendant was a principle, agent, employer, employee, manager, 4 supervisor, officer, shareholder and/or owner of each and every other Defendant, and each and every act 5 and/or omission of each and every Defendant occurred by and through the governing body and/or 6 management of the Defendant and within the course and scope of such agency and/or employment and/or 7 was approved and/or ratified by the acts and/or omissions of each and every other Defendant. 8 9 FACTUAL BACKGROUND 10 A. After Almost Three Decades of Exemplary Public Service Employment, 11 RAMIREZ was Recruited by CITY to be its Police Administrative Manager. 12 13 7. On July 3,2017,following decades ofpublic service,RAMIREZ began her career with CITY 14 as the Police Administrative Manager after being actively recruited from her prior employment. 15 8. During RAMIREZ's 32 years of service in the law enforcement community(five years with 16 CITY), RAMIREZ was consistently a loyal and hard-working employee who received exemplary 17 performance evaluations. 18 19 9. Despite this, on July 7, 2022, RAMIREZ was unlawfully constructively terminated, after 20 suffering retaliation, discrimination and harassment due to circumstances entirely unrelated to her 21 performance. CITY's termination of, and discrimination, harassment and retaliation against,RAMIREZ 22 23 violates California law, City's own Municipal Code and policies and procedures and RAMIREZ's civil 24 service rights. 25 B. Initially, CITY's Police Chief was Thrilled with RAMIREZ and her Work. 26 10. More specifically,by way of brief background,Chief of Police David Valentin was initially 27 28 obviously very comfortable with RAMIREZ when she was hired. 111 3 RAMUEZ V.CITY 01,SANTA ANA CASE Na. COMPLAINT 1 11. In fact, Valentin told RAMIREZ that the best thing that now-former Deputy Chief Jim 2 Schnabl ever did for the police department was to hire RAMIREZ. 3 4 C. Initially, RAMIREZ Apparently "Passed" CITY's Police Chiefs Gang-Like 5 "Loyalty"Tests. 6 12. Towards the end of February 2018, Valentin called RAMIREZ into his office to discuss 7 "loyalty" and to explain his understanding of the concept of "loyalty". 8 9 13. During this same time frame,as RAMIREZ's then-supervisor Deputy Chief Jim Schnabl had 10 been on leave after being injured on duty,Valentin put RAMIREZ IR RZ in charge of a proj ect known as Tri-Tech. 11 14. In mid-March of 2018,Valentin asked RAMIREZ to go photograph Schnabl while he was 12 teaching at a Tri-Tech conference. 13 14 15. As it was well-known that Valentin greatly disliked both Schnabl(as well as former Deputy 15 Chief Doug McGeachy), it was obvious that Valentin's intent was to "catch" Schnabl doing something 16 "wrong"and to "gather evidence"against him while be was out on leave. 17 18 16. Valentin made this request by asking: "Are you down for this?" This phrase struck 19 RAMIREZ as odd coming from Valentin as she recognized it as gang term- often used to prove loyalty 20 where a more senior gang member asked an "underling" whether they were willing to do something 21 unsavory for the benefit of the gang. 22 23 17. In retrospect, Valentin was clearly aware that what he had asked RAMIREZ to do was 24 improper'. 25 11l 26 Ill 27 28 1 Had Valentin's request been legitimate, Valentin should have instructed Internal Affairs to take the photographs. This is just one of many examples of times when Valentin acts as if he can do what he wants,when he wants and how he wants and that normal procedures did and do not apply to him. 4 RMPMZV.C=OFSANTAANA CASHNO. COMnAI TI' I 18. As RAMIREZ had only been employed for a few months, although she was very 2 uncomfortable with this request,RAMIREZ felt obligated to tell Valentin that she would do what Valentin 3 4 wanted in order to prove her"loyalty" and maintain her employment. 5 19. By this time,RAMIREZ had heard ramblings about how Valentin operated and did not want 6 to be in the position that others were in when they did not adequately prove or show their"loyalty"to him. 7 20. RAMIREZ did attend the conference,took the photos Valentin requested and sent them to 8 9 him from her work phone. 10 21. RAMIREZ felt dirty and used and as though she was being disloyal to the man who recruited I 1 her for her job but was afraid that if she did not follow through with Valentin's request that she would be 12 considered"disloyal" and suffer an adverse employment action. 13 14 22. During this time,Valentin met with RAMIREZ on a bi-weekly basis to discuss the Tri-Tech 15 project and was friendly and was very supportive. 16 23. Valentin continued to tell RAMIREZ that she was doing a good job and even personally 17 18 delivered her uniform bars to her office,leaving a note on her desk and placing her Wonder Woman figurine 19 on top of the note. 20 24. Valentin would also routinely acknowledge RAMIREZ in the hallways. 21 25. Valentin regularly met with RAMIREZ and,at times,RAMIREZ would pop in to say"hi" 22 to Valentin and to check in on how he was doing. 23 24 26. On occasions,RAMIREZ and Valentin would have short conversations about family and life 25 in general. RAMIREZ and Valentin would also,on occasion, send each other encouraging text messages. 26 111 27 111 28 111 5 RAMIM,'L V.C]PY ON SANTA"A CASE NO. COMI']."'H I D. However, CITY's Police Chief Improperly Begins to View RAMIREZ as 2 "Disloyal" for, Inter Alra, Attending the Retirement Party of a then-Deputy 3 4 Chief whom the Police Chief Perceived as an Enemy or Rival. 5 27. Shortly after this time, RAMIREZ received an invitation to Schnabl's retirement event. 6 28. Commander Jose Gonzalez immediately spoke to RAMIREZ about the invitation and told 7 her that, if she was to attend, "the Chief would not be happy." 8 9 29. Concerned,RAMIREZ spoke with Valentin about what Gonzalez had told her.RAMIREZ 10 wondered: Was this yet another test of RAMIREZ's "loyalty"? Was she being"jumped in", so to speak? 11 30. During this conversation,Valentin appeared to be okaywith RAMIREZ attending Schnabl's 12 retirement event. 13 14 31. However,Gonzalez later told RAMIREZ that Valentin had been aware of every person who 15 had attended the retirement event and that it had been"a bad idea"for her to go. 16 E. RAMIREZ is then Threatened for Meeting with Another of the Police Chief's 17 Perceived Rivals/Enemies, the CITY's Police Officers Association President 18 19 Gerry Serrano. 20 32. In or about January of 2020, RAMIREZ had a meeting with Police Officer Association 21 ("POA")President Gerry Serrano.RAMIREZ wanted to assure that she had a good working relationship 22 with the POA and its leadership since RAMIREZ's subordinate evidence employees were POA members. 23 24 33. As RAMIREZ had come to understand that there were issues between Valentin and Serrano 25 and that Valentin also considered Serrano a"rival",RAMIREZ told Valentin about her upcoming meeting 26 with Serrano prior to it occurring. 27 28 34. This meeting(and subsequent meetings)were strictly business and resulted from RAMIREZ doing her job as a manager. G RAMIRFzv.CITYoFSANTAANA CMENo. COMPIA INi' 1 35. On January 29,2020,Valentin told RAMIREZ in a telephone call that preceded this meeting 2 with Serrano; "You better be careful who you associate with." 3 4 36. RAMIREZ immediately understood that as threat not to meet with Serrano. 5 37. RAMIREZ then began to notice a lot of drama and tension between McGeachy,Schnabl and 6 Peter Semelsburger and others with whom Valentin had"issues." 7 F. CITY, Continuing with its Gang-like Actions, Threatens RAMIREZ to "Pick 8 9 a Camp." 10 38. Around this same time, Gonzalez and then Commander Robert Rodriguez went to 11 RAMIREZ's office and told her that she needed to "pick a camp." 12 39. (It was well known that Valentin viewed Serrano as the leader of the other"camp.") 13 14 40. These "camps" had been the subject of much discussion throughout the department and 15 RAMIREZ felt as though she had just been delivered a message from the"gang leader"(i.e.Valentin)via 16 his more senior gang members. 17 41. RAMIREZ wanted no involvement whatsoever with this situation and explained to them that, 18 19 while she worked for Valentin,she was a CITY employee and would not be forced into choosing a"camp". 20 42. RAMIREZ understood that if she chose Valentin's "camp", she could no longer associate 21 with those who were in Serrano's "camp". 22 23 43. RAMIREZ was then told that,if she did not pick a"camp",she would end up at the bottom 24 of the hill or bottom of the food chain. 25 44. During this time frame, Gonzalez, Anthony Bertagna and RAMIREZ would often go to 26 lunch. 27 28 45. At the time, RAMIREZ considered Gonzalez a close work friend and felt a lot of pressure from him to pick a"camp". 7 Rmnmz.v, CTCYOFSAmAANA CAmNo. COMPIAAlw 1 46. However,RAMIREZ was steadfast in her conviction that a professional organization should 2 not work this way and that the Santa Ana citizens expected its CITY employees to protect them from gang 3 4 activity-not to act like one. 5 47. At one point Gonzalez and Rodriguez took RAMIREZ to dinner and again told RAMIREZ 6 that she needed to"pick a camp." 7 8 48. RAMIREZ understood that they liked her and that they were trying to influence her to join 9 Valentin's"camp." 10 49. RAMIREZ also understood that,if they had relayed her first refusal to Valentin,RAMIREZ 11 would have already been"cast out." 12 13 50. RAMIREZ again told them that they were not in high school and she would not pick a 14 "camp". 15 51. RAMIREZ made it very clear to them that,while she would support Valentin,she was not 16 going to play this game of choosing sides. 17 18 52. RAMIREZ told them that she would not agree to completely disassociate herself from people 19 who were not in Valentin's "camp" and that she could not-and would not-work that way. 20 53. At this time, RAMIREZ hoped that, as long as she continued to do her job well and.work 21 within the boundaries taking a very neutral position, she would be allowed to simply do her work. 22 23 54. However, Valentin would not allow for that to happen. 24 G. CITY's Police Chief Retaliated Against RAMIREZ for her Refusal to Pack a 25 "Camp." 26 55. It soon became clear that RAMIREZ's refusal to pick a "camp" had been delivered to 27 Valentin. 28 56. The way that Valentin communicated with RAMIREZ significantly changed. s RAMIREZV.CrYOFSANfAANA CAmNo COWIAAINT 1 57. For sake of example,when RAMIREZ attempted to walk into Valentin's office just to say 2 "hi"as she had many times in the past-RAMIREZ was stopped by Valentin's assistant,Elizabeth Plotnik. 3 4 58. Plotnik made clear to RAMIREZ that she was no longer allowed to just walk in. 5 59. Additionally, although the Tri-Tech project required Valentin's attention, the bi-weeldy 6 meetings that RAMIREZ and Valentin had been having came to an abrupt stop. 7 60. RAMIREZ then attempted to schedule a few meetings with Valentin,only to have him cancel 8 9 each and every one of them. 10 H. CITY Further Retaliated Against RAMIREZ for her Participation in and 11 Opposition to CITY's Conduct in Violation of the Fair Employment and 12 Housing Act. 13 14 61. In September of2020,a Women Leaders in Law Enforcement conference was conducted on- 15 line. 16 62. A few women CITY employees decided that, due to the training being virtual,they would 17 attend the conference together in a group at one of the sergeant's houses. 18 19 63. All the women that attended were contacted by CITY, ordered to report to the station and 20 ordered to participate in the remaining portion of the conference from there. 21 64. Needless to say,this-coupled with CITY's sexist rude reference to the event as a"pajama 22 party"- created a lot of bad feelings. 23 24 65. Although RAMIREZ only became aware of this incident after the fact,she was asked by the 25 women to attend the remainder of the conference with them at the station. 26 66. RAMIREZ was happy to attend and did so. 27 111 28 111 9 RmniEz v,Cay of SANPA MA Cm No. COMPLAIN[' 1 67. After the conference was over, several of the attendees and RAMIREZ began to have a 2 discussion about how poorly women(both sworn and non-sworn)in the department were being treated under 3 4 Valentin's leadership. 5 68. RAMIREZ- as part of management-initially attempted to defend Valentin. 6 69. As soon as Valentin learned of this discussion,he instructed Rodriguez to order RAMIREZ 7 to write a"memo"regarding her discussions. 8 9 70. On September 11, 2020,RAMIREZ did as ordered and submitted her 3-page memo which 10 described the"topics of discussion"as: 11 0 "The language used towards females versus males such as tone,demeanor,verbiage 12 and condescending behavior"; 13 a "Double standards in regards to the way women are treated in general"; 14 "Retaliation for speaking up.If a woman complains then they are being`emotional. 15 • "If a woman makes a `mistake' then the mistake is magnified or highlighted 16 throughout their career and used against them." 17 18 71. RAMIREZ's memo also detailed how the women discussed that"this type of behavior is the 19 bculture' of the department and appears to be condoned by leadership";"how[Valentin] is perceived to be 20 supportive of this type of behavior"; and that this behavior"starts at the top". 21 72. Of course,Valentin,himself, has also previously been accused of sexual harassment. 22 23 73. Additionally,while Valentin loves to give lip service to the phrase"one team,one mission", 24 he is known throughout the police department as the single largest violator of this philosophy. 25 74. Valentin is not only content with the division in the department but actively fosters it. 26 75. RAMIREZ came to understand that,when she was ordered to"write the memo",her memo 27 28 was actually expected to report back to Valentin regarding who said what to whom so the women at issue could be"dealt with" (i.e.,RAMIREZ had been expected to"rat out"the women). Ip RAMMMV,CITYOFSANI'AANA CASHNO, COMPLARU 1 76. Since RAMIREZ had written her memo in the opposite manner(i.e.,to protect the women 2 who had legitimate claims regarding their treatment under Valentin),RAMWZ's memo-which spoke to 3 4 the tone and message that the women were trying to communicate-displeased Valentin and was ultimately 5 described by him as "very vanilla". 6 77, In sum, Valentin was upset that the memo failed to provide him with the identifying 7 information so that Valentin could use it later to retaliate against the individual women. 8 g 78. (RAMIREZ is informed and believes that these women have made their own claims against 10 CITY.) 11 79. After RAMIREZ wrote her memo,Valentin went to meet with the women. 12 80. RAMIREZ did not attend that meeting but learned that Valentin simply walked into the room 13 14 accompanied by Rodriguez and Lourdes Ferrer, introduced them to the group and told the women that, if 15 they had any issues with him or anyone in the department,they could report it to either Rodriguez or Ferrer. 16 81. Valentin then turned and left. 17 82. By doing so, Valentin made it abundantly clear that he had no interest whatsoever in 18 19 addressing the real issues set forth in RAMIREZ's memo. 20 83. Rather,Valentin simply said: "If you have a complaint, see these people." 21 84. Valentin's abject lack of leadership at this pivotal moment was a serious blow to the 22 department. 23 24 I. CITY Continued to Unlawfully Retaliate Against RAMIREZ. 25 85. Valentin's demeanor and actions towards RAMIREZ continued to deteriorate and escalate. 26 86. In or around May/June of 2021, a Public Records Act("PRA')Request was submitted for 27 28 an email from Sergeant Jim Armstrong to Valentin and others. 1!I RA&mzv.CTPYoFSANTAANA CABENo. CMUEARU 1 87. Assistant City Attorney Tamara Bogosian reviewed the PRA and provided RAMIREZ with 2 the document to be released. 3 4 88. The document was then released and printed in a local publication. 5 89. Valentin immediately called a meeting- with an approximate 10-minute notification - to 6 include RAMIREZ, Bogosian, Plotnik and others. 7 8 90. (This was the first time RAMIREZ had met with Valentin-for any reason-in over one year.) 9 91. The obviously-angry Valentin asked why the email had been released. 10 92. RAMIREZ explained that it had been released because it was a responsive public record. 11 93. Despite Bogosian's specific statement to Valentin that she had instructed RAMIREZ to 12 13 release the document, Valentin became obviously upset with RARMIREZ (not Bogosian), excused 14 RAMIREZ from the meeting and then continued the meeting with the rest of the attendees. .15 94. It was evident that RAMIREZ had clearly become Valentin's"fall-guy"- first because she 16 refused to pick a"camp",then because she submitted a memo that did not"rat"on others and then because 17 18 she refused to withhold properly responsive documents from a PRA request. 19 J. CITY Continued to Unlawfully Retaliate Against RANIDLF_,Z. 20 95. Shortly afterwards, although RAMIREZ served as the legally-recognized "custodian of 21 records"for CITY who was legally bound to abide by the PRA,Valentin,in an obvious improper effort to 22 23 control publicly released information, removed RAMIREZ from the Dandling of any PRAs that were 24 associated with Valentin or his office,the Voice of OC and the POA(or anyone associated with the POA). 25 96. Rather than Valentin following the law (and/or blaming Bogosian for certain decisions), 26 Valentin refused to follow the law,blamed RAMIREZ and began to talk behind RAMIREZ's back,falsely 27 28 implying to various persons in leadership that RAMIREZ did not know how to do her job. 111 12 RAM RPZ V.CM of SANTA ANA CAsL+No. COMPLAINT 1 97. Additionally,Bogosian falsely accused RAMIREZ of attempting to release documents to 2 Serrano and, thereafter, Valentin repeated this false claim at a senior management meeting. 3 4 98. Then, after CITY was sued for failing to release records related to the Brandon Lopez 5 shooting, Sergio Enriquez improperly attempted to blame RAMIREZ for responding - although she had 6 responded in the exact manner that she had been instructed by him. 7 99. Valentin-in a further attempt to improperly"manage' the information provided(or,more 8 9 accurately,not provided)to Serrano - appointed Enriquez to respond to the PRAs. 10 K. CITY Continued to Unlawfully Retaliate Against RAMIREZ. 11 100. Relative to many of the above events,RAMIREZ has been identified as a witness in various 12 13 other legal matters pending against CITY regarding Valentin's conduct and,to date,has participated in at 14 least three separate interviews in which she provided testimony in cases brought by other employees. 15 101. The Fair Employment and HousingAct protects-not only employees who themselves make 16 retaliation, discrimination and harassment claims but - those, like RAMIREZ who: (1) make a charge, 17 18 testify, assist or participate in any manner in proceedings or hearings under the statute (the "participation 19 clause");and/or(2)oppose acts made unlawful by the statute(the"opposition clause"). Government Code, 20 §12940(h). 21 102. CITY's retaliation against RAMIREZ's for her participation in these matters (and for 22 23 RAMIREZ's expressed opposition to Valentin and CITY's conduct) was clearly additional unlawful 24 retaliation and harassment. 25 L. CITY Continued to Unlawfully Retaliate Against RAMIREZ. 26 103. On January 26, 2022, RAMIREZ attended a meeting and Valentin was in the room and he 27 28 said in front of everyone: "Rita Ramirez, you're still here, huh?", to which RAMIREZ replied: "Yes sir, unless you fired me, and I didn't know about it." 13 RAmmzv.CITYOPSANPAANA CASHNo. COMPLAINT 1 104. Valentin then said: "I haven't seen your name in lights lately". 2 105. RAMIREZ responded: "Just laying low, sir". 3 4 M. As a Result of CITY's Unlawful Retaliation and harassment,RAMIREZ was 5 Forced.to Take a heave of Absence. CITY Continued to Retaliate. 6 106. On March 15,2022,RAMIREZ was forced to take a leave of absence as a result of the above- 7 described ongoing treatment. 8 9 107. Although RAMIREZ continued to work part-time from home approving reports and fulfilling 10 certain other responsibilities, she was forced to use her own sick time during this time. 11 108. During this time,CITY,in retaliation,removed the bulk of responsibilities from RAMIREZ 12 (including all PRA requests even though RAMIREZ was not only the official custodian of records but the 13 14 most trained and qualified individual in the police department), only to give her command authority over 15 the CDC/Facilities-with which RAMIREZ had absolutely no experience. 16 109. RAMIREZ learned about this change-not froxn Valentin himself or from CITY's Human 17 18 Resources Department but-from a fellow employee who contacted RAMIREZ to ask what had happened. 19 110. RAMIREZ told this employee that she had no idea what the employee was talking about. 20 111. The employee then told RAMIREZ that a department-wide email had gone out which 21 publicized the changes in RAMIREZ's job responsibilities. 22 23 112. (This issue was only addressed after RAMIREZ complained to her direct supervisor and later 24 learned that the Police Management Association president met with Valentin.) 25 N. On April 6,2022,RAMIREZ Made a Formal Written Complaint. 26 113. On April 6,2022,RAMIREZ submitted an Inappropriate Conduct Complaint Report against 27 2$ Valentin to which CITY failed to appropriately respond. 114. On May 3,then Deputy Chief Eric Paulson sent the following email to Jason Motsick: 111 14 RAMMIJZ V.CrrY OF SANTA ANA CASE N0. COMPLAINT I "Attached to this communication is a performance evaluation for Manager Rita Ramirez.Not 2 knowing if Manager Ramirez will return to work, I wanted to ensure her performance was documented before my retirement next week.For your awareness,Rita's evaluation is not due 3 until July 3rd,but I felt compelled to provide the City with my evaluation/observations ofher 4 performance for nine (9) of the 12 months of her rating period." 5 115. Although RAMIREZ is informed and believes that persons specifically substantiated 6 RAMIREZ's claims when interviewed during the "investigation", on August 25, 2022, CITY provided 7 RAMIREZ with a "Notice of Completion of Investigation" which stated, in pertinent part, that "it was 8 9 determined that the allegations were not sustained"and that CITY"determined that no violation of policy 10 occurred." 11 116. However, as later succinctly stated by Serrano following the results of yet another CITY 12 `,investigation": 13 14 "Clearly the city has no commitment to provide a discrimination and harassment free workplace, rather quite the contrary. There has been numerous complaints and allegations of cover-up, 15 retaliation, excessive force,corruption, etc.yet every single complaint is dismissed in this fashion. 16 Clearly,this is disheartening and again reasons and evidence why the police department is so toxic 17 and the morale is lower that ever with officers leaving and even looking for career changes. i 18 Very,very disappointing!!!" 19 O, On June 20,2022,RAMIREZ was Constructively Terminated. 20 21 117. On June 20, 2022, RAMIREZ forwarded the following email: 22 "As the City is well aware, I have made a complaint regarding the ongoing harassment, discrimination and retaliation that I have endured.I am also aware that other City employees 23 have made similar complaints and endured similar treatment. In fact, it appears my 24 involvement in these other complaints has also led to additional retaliation against me. 25 Despite the City's knowledge of the above,the situation has escalated to the point where my 26 working conditions have become intolerable.As such,and while I previously loved my job and planned to remain employed for additional years, I certainly wished to end my career 27 under different circumstances. Based on all facts regarding this matter I have no choice but to retire from my position with the City, effective July 7,2022, as returning to work in the 28 current conditions would be impossible. 111 �s RAmmmv.ClrYOPSANTAANA CASBNO. COMPLAINT I Please forward to me today(via email)my fully-executed Performance Evaluation,sent to 2 you early last month by my supervisor Deputy Chief Paulson prior to his retirement.Please also forward to me today (via email) any necessary documentation to effectuate my 3 retirement.I expect to receive my 5%performance bonus that is due to me on July 3, 2022. 4 Finally, as I have been forced to burn my own time during my forced off absence over the 5 past two months,please confirm today that the City will reimburse me for that time. 6 Please confirm receipt of this email." 7 118. Additionally, CITY refused to both honor RAMIREZ's earned 5%performance bonus and 8 9 to reimburse RAMIREZ for the personal time she was forced to use as a result of Valentin's conduct. 10 119. On July 7, 2022, Claimant was constructively terminated. 11 FIRST CAUSE OF ACTION 12 RETALIATION IN VIOLATION OF LABOR CODE §1102.5 13 14 (Against All DEFENDANT'S) 15 120. RAMIREZ realleges Paragraphs 1 through 121 above and incorporates same as though fully 16 set forth herein. 17 121. RAMIREZ,as described more fully above,reported/disclosed to a government agency and/or 18 19 law enforcement agency and/or a person with authority over her or to an employee with authority to 20 investigate,discover,or correct legal violations and/or noncompliance to DEFENDANTS. RAMIREZ had 21 reasonable cause to believe that the information reported/disclosed a violation of state, or federal statute 22 23 and/or a violation of and/or noncompliance with a local, state and/or federal rule and/or regulation[i.c., 24 Penal Code §§186.22, 1.3670 and Assembly Bill 958 (prohibition of gangs among police officers); 25 Government Code §§12900-12999 (California Fair Employment and Housing Act; Government Code 26 §§12945.2 et seq.);Government Code§§6250 et seq.(California Public RecordsAct),Penal Code§832.7.1 27 28 In response to the disclosures and complaints initiated by RAMIREZ, DEFENDANTS retaliated against RAMIREZ as more fully described herein. RAmmzv. CITYOPSANTAANA CMENO. COMPI,AfNT 1 122. Because of the retaliation that RAMIREZ faced,RAMIREZ was constructively terminated 2 (i.e.,was forced to resign). 3 4 123. DEFENDANTS' treatment of and response to the disclosures, complaints and grievances 5 filed by RAMIREZ was in violation of Labor Code §1102.5. 6 124. RAMIREZ's reporting/disclosure of information was a contributing factor in RAMIREZ's 7 constructive termination. 8 9 125. Asa direct result of DEFENDANTS'actions as alleged above,RAMIREZ.suffered harm and 10 injury that was legally (proximately) caused by the conduct of DEFENDANTS. Said harm and injury 11 includes, but is not limited to, special (economic) damages, general (non-economic) damages, litigation 12 13 costs, future damages and past damages, lost economic earning capacity in future employment endeavors 14 and such further relief as shown at the time of Trial and in excess of the minimal jurisdictional of this Court. 15 126. Additionally,as a direct andproximate result of the above-described acts of DEFENDANTS, 16 RAMIREZ has necessarily incurred attorney's fees and costs and she is entitled,per,inter alia,Labor Code 17 §§98.6(b), §1105, 1102.5(f), Code of Civil Procedure §1021.5 and Assembly Bill 1947 to the reasonable 18 19 value of such attorney's fees and costs. 20 SECOND CAUSE OF ACTION 21 RETALIATION IN'VIOLATION OF THE 22 FAIR EMPLOYMENT AND HOUSING ACT 23 24 (Against All DEFENDANTS) 25 127. RAMIREZ realleges Paragraphs 1 through 126 above and incorporates same as though filly 26 set forth herein. 27 111 28 Ill RAMumv.CmuSAN'rAANA CASIINo. CONII%AINT 1 128. Section 12940,et.seq.of the California Government Code wakes it unlawful for an employer 2 to retaliate against an employee in "terms, conditions or privileges of employment" because of their 3 4 protected status. The Fair Employment and Housing Act("FEHA")protects,not only employees who make 5 a FEHA claim, but also, those who oppose acts made unlawful by the statute and/or testify, assist or 6 participate in any manner in proceedings or hearings. 7 129. As referenced above,DEFENDANTS retaliated against RAMIREZ:(1)for her"opposition", 8 9 "assistance"and/or"participation"in the FEHA claim of others; and(2)for the making of her own FEHA 10 claim. 11 130. As detailed above,DEFENDANTS engaged in an action or a course and pattern or conduct 12 13 that, taken as a whole, materially and adversely affected the terms, conditions and/or privileges of 14 RAMIREZ's employment. 15 131. As also.detailed above,RAMIREZ was treated differentlyby DEFENDANTS because ofher 16 protected status [i.e., sex/gender,disability(physical or mental), association with a member of a protected 17 class, family care or medical leave and for engaging in protected activities (participating as a witness in a 18 19 discrimination/harassment complaint, reporting/resisting discrimination/retaliation, requesting/using a 20 disability related accommodation,requesting/using family care and medical leave]. 21 132. Asa direct and legal result of the retaliation against RAMIREZ due to her protected status, 22 RAMIREZ suffered harm and injury that was legally (proximately), caused by the conduct of 23 24 DEFENDANTS. Said harm and injury includes,but is not limited to,special(economic)damages,general 25 (non economic)damages,attorneys'fees[per Government Come§12965(b)b litigation costs,future damages 26 and past damages, lost economic earning capacity in future employment endeavors and such further relief 27 2$ as shown at the time of Trial and in excess of the minimal jurisdictional of this Court. 111 is RAM PEZ v.CITY or SMTA ANA CmE No. CoMP[, wr 1 133. In addition to the damages sought above, as a proximate result of DEFENDANTS' actions 2 as alleged above,RAMIREZ will also seek all damages allowed by the Code.Government Code,§12965(c). 3 4 THIRD CAUSE OF ACTION 5 DISCRIMINATION IN VIOLATION OF FAIR.EMPLOYMENT AND HOUSING ACT 6 (PLAINTIFF Against All DEFENDANTS) 7 134. RAMIREZ realleges Paragraphs I through 133 above and incorporates same as though fully 8 9 set forth herein. )'10 135. Section 1,2940,et.seq.ofthe California Government Code makes it unlawful for an employer 11 to discriminate against an employee in "terms, conditions or privileges of employment" because of the 12 protected status. DEFENDANTS engaged in an action or a course and pattern or conduct that,taken as a 13 14 whole, materially and adversely affected the terms, conditions and/or privileges of RAMIREZ's 15 employment. 16 136. RAMIREZ was treated differently by DEFENDANTS because of her protected status [i.e., 17 18 sex/gender, disability(physical or mental), association with a member of a protected class,family care or 19 medical leave and for engaging in protected activities (participating as a witness in a 20 discriminationiharassment complaint, reporting/resisting discrimination/retaliation, requesting/using a 21 disability related accommodation,requesting/using family care and medical leave]. 22 23 137. As a direct and legal result of the discrimination RAMIREZ suffered due to her protected 24 status, RAMIREZ suffered harm and injury that was legally. (proximately) caused by the conduct of 25 DEFENDANTS. Said harm and injury includes,but is not limited to,special(economic)damages,general 26 (non-economic)damages,attorneys'fees[per Government Code§12965(b)],litigation costs,future damages 27 and past damages, lost economic earning capacity in future employment endeavors and such further relief 28 as shown at the time of Trial and in excess of the minimal jurisdictional of this Court. RAMIREZ V.Cay or SANTA.ANA CASE No. COMPLAINT 1 FOURTH CAUSE OF ACTION 2 HARASSMENT IN VIOLATION OF FAIR EMPLOYMENT AND HOUSING ACT 3 4 (PLAINTIFF Against All DEFENDANTS) 5 138. RAMIREZ realleges Paragraphs 1 through 137 above and incorporates same as though fully 6 set forth herein. 7 139. The harassment included but was not limitedto unwanted and unwelcome comments directly 8 9 to RAMIREZ that were reported to and by RAMIREZ, as further alleged herein above.As finrther alleged "iF 10 herein above,DEFENDANTS entirely failed to respond as mandated by law. 11 140. The harassing conduct from DEFENDANTS was so severe,widespread or persistent that a 12 reasonable person.in RAMIREZ's circumstances would have considered the work environment to be hostile 13 14 and abusive. RAMIREZ considered the work environment to be hostile or abusive. 15 141. DEFENDANTS whether or not named or designated as a Doe'was/were a supervisor with 16 actual or reasonably perceived authority over RAMIREZ and engaged in the harassing conduct against 17 RAMIREZ. 18 19 142. RAMIREZ was harmed and DEFENDANTS' conduct was a substantial factor in causing 20 RAMIREZ's harm. 21 143. As a direct anal legal result of the harassment RAMIREZ suffered due to her protected status 22 [i.e.,sex/gender,disability(physical or mental),association with a member of a protected class,family care 23 24 or medical leave- and for engaging in protected activities (participating as a witness in a 25 discrimination/harassment complaint, reporting/resisting discrimination/retaliation, requesting/using a 26 disability related accommodation, requesting/using family care and medical leave], RAMIREZ suffered 27 28 harm and injury that was legally(proximately) caused by the conduct of DEFENDANTS. Said harm and injury includes, but is not limited to, special (economic) damages, general (non-economic) damages, 20 RAm RR7v.C[TYoFSANrAANA CAS19NO. COMPI AIPIT 1 attorneys' fees [per Government Code§12965(b)], litigation costs, future damages and past damages, lost 2 economic earning capacity in future employment endeavors and such further relief as shown at the time of 3 4 Trial and in excess of the minimal jurisdictional of this Court. $ FIFTH CAUSE OF ACTION 6 FAILURE TO TAKE CORRECTIVE ACTION 7 IN VIOLATION OF FAIR EMPLOYMENT AND HOUSING ACT 8 9 (PLAINTIFF Against All DEFENDANTS) 10 144. ILWIREZ realleges Paragraphs 1 through 143 above and incorporates same as though fully 11 set forth herein. 12 145. DEFENDANTS are suffering/have suffered with a number of lawsuits and complaints 13 14 (including but not limited to the complaints from MMIREZ) alleging discrimination, retaliation and 15 harassment and putting DEFENDANTS on notice.and providing knowledge of the need to eliminate 16 discrimination,retaliation and harassment. 17 146. Under the law, as well as their own policies, DEFENDANTS had an obligation to take 18 19 corrective action to prevent further discrimination;retaliation and harassment of RANIIREZ but failed to 20 do so in violation of Section 12940,et:seq. of the California Government Code. DEFENDANTS failed to 21 conduct proper investigations, failed to turn over the results of these.investigations, failed to implement 22 proper policies to prevent discrimination,.retaliation and harassment and failed to properly punish those in 23 24 engaged in misconduct to deter further such future actions. 25 147. As a direct and legal result of the treatment RAMWZ suffered due to her protected status, 26 RAMIREZ suffered harm and injury that was legally (proximately) caused by the conduct of 27 28 DEFENDANTS. Said harm and injury includes,but is not limited to,special(economic)damages,general (non-economic)damages,attorneys'fees[per Government Code§12965(b)],litigation costs,future damages 21 RAMIRFZV.MYOFSAN7AANA CAsTi No. COMPLAINT 1 and past damages, lost economic earning capacity in future employment endeavors and such further relief 2 as shown at the time of Trial and in excess of the minimal jurisdictional of this Court. 3 4 5 WHEREFORE, RAMIREZ prays for Judgment against DEFENDANTS, and each of them, as 6 follows: 7 1. For compensatory damages, including loss of earnings, deferred compensation,bonuses, 8 9 vacation and other employment perquisites and other special and general damages according to proof; 10 2. Damages for pain and suffering and emotional distress; 11 3. Interest, including pre-judgment interest, at the prevailing legal rate; 12 4. Attorneys' fees and costs incurred herein; and 13 14 5. Costs of suit; and M 6. Such further and other relief as the Court deems just and proper. 16 17 REQUEST FOR TRIAL BY 3-URY 18 19 RAMIREZ hereby demands a Trial by Jury. 20 21 DATED: October 21,2022 , LAW OFFICE OF LAWRENCE J. LENNEMANN 22 23 24 By: Lawrence J. Lennemann LAWRENCE J. LENNEMANN 25 Attorneys for Plaintiff RITA RAMIREZ 26 27 28 za Rmruu7v.CITYoFSAwAAm CmENo. COMPLAIt+PC Becerra, Alexis From: Jackie Angel Investor < Sent: Friday, October 3, 2025 11:37 AM To: eComment Cc: Vazquez, Benjamin; Ryberg, Erinn Subject: Share Our Selves Corporation v. City of Santa Ana, United States District Court Case No. 8:23-cv-00504-DOC-KES Attachments: Share Our Selves Corporation v. City of Santa Ana.pdf Attention: This email originated from outside of City of Santa Ana.Use caution when opening attachments or links. Nonprofit Discrimination lawsuit attached FYI City of Santa Ana blocks nonprofits from administering services to residents Planning Division back room deals, closed sessions City Attorney, Mayor, City Councilmembers named "Urgency Zoning Ordinance Amendment" "special city council meetings" SOS was again hoodwinked by the city "Moreover, given the fact that SOS had been operating its El Sol Wellness Center on Broadway in Santa Ana for some 14 years as of the time the ordinances were adopted, it was common knowledge that SOS's patient base in Santa Ana consisted mainly of poor Latino persons, whose national origin was the US, Mexico or countries outside the US. and those individuals, as well as homeless persons, were precisely the 'kind of people' that the city's councilmembers and staff feared would be attracted to SOS's proposed new facility near the Main Place Mall" "Motivated by this highly-discriminatory view, the City imposed a CUP requirement on nonprofit entities to ensure that the Planning Commission and city council would have sufficient 'discretion' to prevent medical offices operated by such entities from conducting operations within the P district." 1 Case 8:23-cv-00504-DC-DFM Document 8 Filed 03/21/23 Page 1 of 2 Page ID #:176 AO 440(Rev.06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the Central District of California SANTA SHARE OUR SELVES CORPORATION, a California ) non-profit corporation ) Plaintiff(s) ) V. CiviiActionNo. 8:23-cv-00504-DOC-DFM CITY OF SANTA ANA, a municipal corporation, and } DOES 1 through 10, inclusive ) Defendant(s) ) SUMMONS IN A CIVIL ACTION To: (Defendant's name and address) CITY OF SANTA ANA 20 Civic Center Plaza Santa Ana, CA 92701 A lawsuit has been filed against you. Within 21 days after service of this summons on you(not counting the day you received it)—or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12(a)(2)or(3)—you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure, The answer or motion must be served on the plaintiff or plaintiff's attorney, whose name and address are: Connor Fletcher and Hedenkamp LLP Edmond M. Connor 2211 Michelson Drive, Suite 1100 Irvine, CA 92612 econnor@businesslit.com; service@businesslit.com 949-622-2600 If you fail to respond,judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. Sin rows,?�n CLERK OF COURT z ,- Date: 3/21/2023 14."4 Signature of Clerk or Deputy Clerk Case 8:23-cv-00504-DOC-DFM Document 8 Filed 03/21/23 Page 2 of 2 Page ID #:177 AO 440(Rev.O6/12) Summons in a Civil Aotion(Page 2) Civil Action No. PROOF OF SERVICE (This section should not be ftled with the court unless required by Fed.R. Civ. A 4 (l)) This summons for(name of individual and title, if any) was received by me on(date) I1 I personally served the summons on the individual at(place) On(date) ; or 173 I left the summons at the individual's residence or usual place of abode with(name) , a person of suitable age and discretion who resides there, on(date) , and mailed a copy to the individual's last known address; or 171 I served the summons on(name of individual) ,who is designated by law to accept service of process on behalf of(name of organization) on(date) ;or I I returned the summons unexecuted because ; or 0 Other(sped): My fees are$ for travel and$ for services,for a total of$ 0.00 I declare under penalty of perjury that this information is true. Date: _ Server's signature Printed name and title Server's address Additional information regarding attempted service, etc: i Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 1 of 45 Page ID #:1 1 EDMOND M. CONNOR(SBN 65515) econnor@businesslit.com 2 service@businesslit.com DOUGLAS A. HEDENKAMP (SBN 216487) 3 dhedenkamp@businesslit.com CONNOR FLETCHER & HEDENKAMP LLP 4 2211 Michelson Drive, Suite 11.00 Irvine, California 92612 5 Telephone:(949) 622-2600 6 Attorneys for Share Our Selves Corporation 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 SOUTHERN DIVISION 11 SHARE OUR SELVES Case No. 8:23-cv-00504 CORPORATION, a California non- 12 profit corporation, COMPLAINT OF SHARE OUR SELVES 13 Plaintiff and Petitioner, DECPORATION FOR DAMAGES,LARATORY AND INJUNCTIVE V. RELIEF, FOR CONSTITUTIONAL 14 VIOLATIONS,AND PETITION FOR CITY OF SANTA ANA a municipal WRIT OF MANDATE 15 corporation, and DOES T through 10, inclusive, DEMAND FOR JURY TRIAL 16 Defendants and Respondents. Before: 17 Complaint Filed: Trial Date: Not Set 1$ 19 20 21 22 23 24 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 2 of 45 Page ID #:2 1 For a Complaint against Defendants and Respondents City of Santa Ana (the 2 "City"), and DOES 1 through 10, inclusive (collectively, "Defendants"), Plaintiff and 3 Petitioner Share Our Selves Corporation ("SOS" or "Plaintiff') alleges as follows: Ie SUMMARY OF COMPLAINT 4 S 1. As part of an orchestrated campaign to use the City's land use regulations 6 to thwart and obstruct the operations of charitable organizations, like Micah's Way and 7 the Salvation Army, who try to provide much-needed services to poor and homeless persons residing in Santa Ana, the City has recently adopted two zoning ordinances that 9 unabashedly—and unlawfully—discriminate against non-profit medical and dental 10 offices and the patients that they serve. 11 2. SOS, whose mission, as a Federally Qualified Health Center ("FQHC"), is 12 to provide medical and dental care to the underserved residents of Santa Ana, including 13 poor and homeless persons, has been sorely victimized by the City's illegal 14 discrimination in adopting these ordinances. Indeed, the City's unlawful actions have 15 prevented SOS from closing escrow on a three-story, 44,000 SF commercial office 16 building, located at 2670 North Main Street in Santa Ana (the "Main Street Property" or 17 the "Property"), a block south of the Main Place Mall. That building was the only one 1$ in Santa Ana that met SOS's needs to establish an expanded outpatient clinic. 19 3. As alleged in greater detail below, the City's discriminatory conduct has 20 caused SOS to lose the opportunity to use the Main Street Property to (a) meet the 21 growing demand for health services in the Santa Ana community; (b) expand SOS's 22 ability to serve more individuals in the community that are not currently able to obtain affordable care, while also expanding the services available at the new location to 23 24 include dental, pharmacy and vision services, given that SOS's current location in Santa 2 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Piled 03/20/23 Page 3 of 45 Page ID #:3 1 Ana provides no opportunity to expand space for medical services or add other service 2 lines; and (c) provide a significant increase in the number of medical, dental and 3 pharmacy internships and residencies for new health professional coming into the field 4 from UC Irvine, Chapman, UC Southern California, etc., including physicians, nurse 5 practitioners, physician assistants, nurses, medical assistants, dentists, dental assistants, 6 and clinical pharmacists. 7 4. In 2022, SOS and its development partner, Turner Healthcare Facilities 8 Acquisition LLC ("Turner") [hereinafter, SOS and Turner are sometimes collectively 9 referred to as "SOS"], incurred at least $500,000 in purchase-related fees and 10 development costs, in formulating plans to remodel the Main Street Property to serve as 11 an expanded outpatient clinic to replace SOS's El Sol Wellness Center, located at 1014 12 North Broadway in Santa Ana, which SOS has outgrown after faithfully providing 13 medical and dental care to Santa Ana residents for the past 14 years at that location. 14 5. Now, all of those purchase and planning expenses have gone to waste as a 15 result of a carefully-crafted scheme by the City to ,scuttle SOS's plans to purchase and 16 remodel the Main Street Property, all because City leaders feared that SOS's new 17 outpatient clinic at the Main Street Property would attract too many "undesirables" to 18 that area of the City—i.e., financially poor individuals of Latino descent, as well as 19 homeless persons. 20 6. In fact, when representatives of SOS first starting previewing SOS's 21 remodeling plans for the Main Street Property in mid-2022, one of the first changes 22 requested by the City was that SOS agree not to operate a food pantry at the new 23 location because it might support the homeless. That was the first indication that the 24 City was concerned about the "type" of people that SOS's new outpatient clinic would 3 Complaint of Share Our Selves Case 8:23-cv-00504 Document I Filed 03/20/23 Page 4 of 45 Page ID #:4 1 attract. 2 7. Moreover, it was hardly a coincidence that the City's request that SOS not 3 operate a food pantry at the Main Street Property occurred at the same time in mid-2022 4 that the City was threatening fines and criminal prosecution against Micah's Way unless 5 it stopped distributing food and beverages to poor and homeless persons at the Resource 6 Center operated by Micah's Way on 41h Street in Santa Ana. 7 8. SOS agreed to the City's request not to operate a food pantry at the Main 8 Street Property and continued to work with City staff over a period of months to satisfy 9 staff s concerns about parking and other issues relating to the plans for SOS's proposed 10 remodeling project (the "Project"). On November 17, 2022, SOS sent an e-mail to the 11 City's Planning Division stating SOS's understanding that the proposed "medical office" 12 use of the Main Street Property was "a by-right use" and that, since certain design 13 changes to eliminate square footage were going to be incorporated into the plans for the 14 Project "so that the proposed use can be 100%parked on site," there would be no need 15 for any discretionary entitlements for the Project, such as a minor exception for the 16 required number of parking spaces. 17 9. Notably, in that same e-mail of November 17, 2022, SOS expressly IS informed the City that (a) SOS's due diligence period to purchase the Main Street 19 Property was going to expire in February 2023 and (b) the reason SOS had decided to 20 eliminate square footage for the Project was to eliminate the need to obtain any 21 discretionary permits and thereby allow SOS to obtain "planning signoff' on its plans 22 "prior to the expiration of[the] property due diligence period in February." 23 10. On November 28, 2022, the City's Planning Division replied to SOS's e- 24 mail and expressly confirmed that the "review process" for SOS's Project would be 4 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 5 of 45 Page 1D #:5 1 "administrative." In other words, the Project would not require any discretionary 2 permits and would simply "be subject to administrative review by the Planning 3 Division." Importantly, in its e-mail, the Planning Division did not dispute the fact that, 4. if SOS acquired the Main Street Property, it would have a"right"to operate a medical 5 office at that location without the need for any discretionary permits, such as a 6 conditional use permit ("CUP"), for example. 7 11. Unbeknownst to SOS, which had been assured in writing by the City's 8 Planning Division that the plans for the Project would only require a ministerial 9 approval following an administrative review by City staff,there were other persons at 10 the City, including various councilmembers, the City Manager and members of her staff, 11 as well as the City Attorney and members of her office, who—armed with the 12 knowledge that SOS's extension of time to close escrow on the its purchase of the Main 13 Street Property was going to expire in February 2023--started working behind the 14 scenes to kill the Project by making it impossible for SOS to purchase the Main Street 15 Property before SOS's time to do so expired. 16 12. As explained below in greater detail, at the December 12, 2022 meeting of 17 the City's Planning Commission, which was held a mere two weeks after the Planning 18 Division had sent its e-mail to SOS, assuring SOS that the Project would only be subject 19 to an administrative review by City staff, an omnibus amendment to various provisions 20 of the City's Zoning Code—an earlier earlier version of which had been initially been 21 considered by the Planning Commission in September 2022 without taking any action 22 on it----was presented.to the Commission for a second review. 23 13. However, this time, the amendment suddenly contained provisions that 24 would not allow "medical offices operated by government, government subsidized, not- 5 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 6 of 45 Page ID#:6 1 for-profit, or philanthropic entities" to operate anywhere within the City's Professional 2 zoning district (the "P District") unless and until such "entities" obtained a discretionary 3 permit—i.e., a CUP. 4 14. The Planning Commission quickly recommended approval of this new CUP 5 requirement and sent the matter on the City Council to take action on its 6 recommendation. No one at the City took any steps to directly inform SOS, either 7 before or after the Planning Commission meeting, that the City was going to amend its 8 Zoning Code to require SOS to obtain a CUP before its Project could get underway. In 9 fact, the public notice for the omnibus zoning amendment that was to be considered at 10 the Planning Commission's December 12, 2022 meeting contained no reference to the 11 new provisions relating to medical offices in the P District that were actually considered 12 and approved at that meeting. 13 15. On December 20, 2022, obviously concerned that it needed to act swiftly to 14 bring a halt to SOS's Project before it could be approved by staff, the City Council---- 15 without providing any notice to the public at large or any direct notice to SOS, itself- 16 adopted an ur_ gency ordinance, i.e., Zoning Ordinance Amendment No. 2022-07 (the 17 "Urgency Ordinance") 18 16. The Urgency Ordinance immediately imposed a new CUP requirement that 19 would apply to any medical offices operated in the P District by any "government, 20 government-subsidized, not-for-profit, or philanthropic entities" (hereinafter, 21 collectively referred to as "Non-Profit Entities"). 22 17. Two days later, on December 22, 2022, SOS, completely unaware that the 23 Urgency Ordinance had been adopted by the City Council, submitted its major remodel 24 application for the Project, expecting that it would be subject to staff review only and 6 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 7 of 45 Page ID #:7 1 would be approved well in advance of the February deadline for closing escrow on the 2 Main Street Property. 3 18. A week later, during the Christmas holidays, SOS received an e-mail from 4 the City's Planning Division informing it that the Urgency Ordinance had gone into 5 effect and, as a result, SOS would now be required to obtain a CUP for the Project. The 6 e-mail went on to suggest that, in light of this new requirement, SOS might want to hold 7 off in "submitting any review fees or making further progress on the plans for 2670 N. 8 Main Street" and "reevaluate the project." 9 19. Needless to say, SOS was absolutely shocked that all this had gone on 10 behind its back without any heads up from anyone at the City. Although hampered by 11 the fact that people were out for the holidays, SOS began organizing efforts to meet with 12 City officials to try to salvage the Project and find out what could be done about the new 13 CUP requirement in the Urgency Ordinance. Regrettably, however, SOS was again 14 hoodwinked by the City. 15 20. At its regular meeting on January 17, 2023, after providing legally- 16 defective and inadequate public notice and holding a public hearing that lasted just a few 17 seconds without any members of the public even being present to speak on the item- 18 and, again, without providing SOS with any direct advance notice—the City Council 19 conducted the first reading of a non-urgency ordinance, Zoning Ordinance Amendment 20 No. 2022-03 (the "Permanent Ordinance"), which, as a"backup" measure, was basically 21 was the mirror image of the Urgency Ordinance. The Council quickly voted to 22 preliminarily approve the Permanent Ordinance at that meeting. 23 21. Before the second reading of the Permanent Ordinance occurred at the 24 Council's February 7, 2023 meeting, representatives of SOS met directly with the 7 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 8 of 45 Page ID #:8 1 Mayor, various councilmembers, and staff persons to plead SOS's case in requesting 2 that the new CUP requirement either be eliminated or be deemed inapplicable to the 3 Project. 4 22. SOS's representatives also appeared at the Council's February 7t' meeting 5 for the second reading of the Permanent, submitted a letter of objections to the City 6 Clerk, and, during the public comment segment of the meeting, implored the Mayor and 7 the Council to reopen the public hearing on the Permanent Ordinance and allow them to 8 explain why that Ordinance was ill-advised and unlawful, and should not be approved. 9 23. One of the arguments advanced by the representatives of SOS, both before 10 and at the February 7t' Council meeting, was that the seller of the Main Street Property 11 was not willing to further extend the escrow on SOS's purchase of the Property and, as 12 such, if the Project were not exempted from the new CUP requirement, SOS would lose 13 the Property, the Project would be stopped dead in its tracks, and Santa Ana would lose 14 the valuable benefits associated with a remodeling project that would bring $34 million 15 in construction jobs and resources into the City and would generate at least 120 16 permanent jobs at the new clinic to provide medical and dental care to the City's 17 residents. 18 24. Ironically, however, SOS's pleas about how it was going to lose the right to 19 purchase the Main Street Property if the CUP requirement remained in place turned out 20 to be music to the ears of those councilmembers, city staff persons, and members of the 21 City Attorney's office who had planned all along to stymie the Project by imposing the 22 CUP requirement on SOS, knowing full well that it would make it impossible for SOS to 23 close escrow on the Main Street Property before the due diligence period expired in 24 February 2023. _ 8 Complaint of Share Our Selves Case 8:23••cv-00504 Document 1 Filed 03/20/23 Page 9 of 45 Page ID #:9 1 25. In fact, at the Council meeting on February 7, 2023, after hearing the 2 remarks made by SOS's representatives, and after stating that it would be a tragic loss 3 for the City's residents if SOS's new outpatient clinic was not allowed to go forward, 4 one of the councilmembers sought to reopen the hearing on the Permanent Ordinance in 5 order to send the Ordinance back to staff for further review and analysis for a possible 6 amendment. However, at that point, the City Attorney interjected and materially misled 7 the Council by incorrectly stating that, since the Urgency Ordinance was allegedly still 8 in effect and would supposedly never expire, then it would be a complete waste of time 9 to make any changes to the CUP requirement in the Permanent Ordinance. 10 26. The undeniable truth, however, was that, under the explicit provisions of 11 Government Code section 65858, the Urgency Ordinance had actually expired on 12 February 3, 2023, by operation of California law. Nevertheless, following the remarks 13 by the City Attorney, the Mayor and all but one of the councilmembers swiftly voted to 14 approve the Permanent Ordinance. 15 27. For purposes of clarification, none of the claims set forth below are based 16 upon, or seek any compensatory, declaratory, injunctive, or other relief arising out of or 17 relating to, any statements made by the City Attorney at the February 7' Council 18 meeting. Rather, such remarks have been reported only to the extent that they bear on 19 the City's unfair rejection of SOS's requests to reopen the public hearing on the 20 Permanent Ordinance to allow SOS's representatives a meaningful opportunity to 21 present their arguments in opposition to that Ordinance, both orally and in writing. 22 28. The reasons why SOS is challenging both the Urgency Ordinance (to the 23 extent that the City claims it is still in effect) and the Permanent Ordinance (collectively, 24 the "Ordinances") can be summarized as follows: (a) there is no rational basis for either 9 _ Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 1.0 of 45 Page ID #:10 1 of the Ordinances; (b) both Ordinances unlawfully infringe on the fundamental 2 constitutional rights of association and of privacy and result in a denial of substantive 3 due process and equal protection; and (c) invidious discrimination was a motivating 4 factor in the adoption of both Ordinances, resulting in a denial equal protection under 5 the law. 6 29. On their face, both Ordinances unlawfully discriminate a aft Non-Profit 7 Entities, and in favor of entities that seek to make a profit in providing mental or dental 8 care (collectively, "For-Profit Entities") in connection with operating medical or dental 9 offices (collectively, "Medical Offices") in the City's P District. 10 30. In this regard, the Ordinances allow For-Profit Entities to operate Medical 11 Offices in the P District"by right." In other words, in order to operate such Medical 12 Offices, For-Profit Entities do not have to submit any permit applications, obtain any 13 discretionary permits, or face any opposition from members of the public at any hearings 14 held by the City's Planning Commission or City Council. 15 31. By sharp contrast, however, the Ordinances treat Non-Profit Entities that 16 operate Medical Offices in the P District quite differently—not because the doctors, 17 dentists, or nurses who are employed by such Entities practice medicine or dentistry any 18 differently than their counterparts employed at Medical Offices operated by For-Profit 19 Entities, but, rather, because of the characteristics of the people whom the City believes 20 will be attracted to Medical Offices operated by Non-Profit Entities. 21 32. For example, people who are homeless, people who are of Hispanic or 22 Latino (collectively, "Latino") ethnicity, people who are living at or below the Federal 23 Poverty Level, or people who cannot afford or obtain medical insurance. 24 33. In 2022, 87% of the patients served at SOS's El Sol Wellness Center in 10 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 11 of 45 Page !D #:11 1 Santa Ana were of Latino descent, and of those Latino patients, 80% qualified for Medi- 2 Cal with incomes either below, or no higher than 138% of the Federal Poverty Level. In 3 addition, approximately two to five percent of the patients served at SOS's Santa Ana 4 facility were homeless persons. 5 34. On a county-wide basis, including all four of the community health centers 6 run by SOS in Costa Mesa, Santa Ana, Mission Viejo, and Newport Beach, the 7 demographics are similar. Sixty-five percent of SOS's patients county-wide identify as 8 Latino, 55% of its patients are best served in a language other than English, 65% are 9 covered by Medicaid, approximately 10% are homeless, and 72% have family incomes 10 at or below the Federal Poverty Level. 11 35. SOS's clients include patients covered by Medicare, Medi-Cal, and private 12 insurance, as well as uninsured patients who may be low income or homeless, and who 13 often have no way of paying for healthcare services. 14 36. As an FQHC, SOS is mandated by the federal government to operate 15 community based health centers that provide high quality comprehensive medical, 16 dental, and behavioral health services, regardless of a patient's ability to pay. 17 37. Both in the meetings that took place before the second reading of the 18 Permanent Ordinance at the February 7, 2023 Council meeting, and by a letter submitted 19 at that meeting by SOS's representatives, City staff persons, the Mayor, and various 20 councilmembers were expressly apprised of these facts and demographics, including the 21 fact that, in Santa Ana, SOS's patients were predominantly poor persons of Latino 22 ethnicity. 23 38. Moreover, given the fact that SOS had been operating its El Sol Wellness 24 Center on Broadway in Santa Ana for some 14 years as of the time the Ordinances were 11 Complaint of Share Our Selves Case 8:23-cv-00504 Document I Filed 03/20/23 Page 12 of 45 Page ID #:12 1 adopted, it was common knowledge that SOS's patient base in Santa Ana consisted 2 mainly of poor Latino persons, whose national origin was the U.S., Mexico, or countries 3 outside the U.S. (e.g., immigrants). And those individuals, as well as homeless persons, 4 were precisely the "kind of people" that the City's councilmembers and staff feared 5 would be attracted to SOS's proposed new facility near the Main Place Mall if SOS's 6 major remodel application were approved by staff and SOS was able to timely close 7 escrow on the Main Street Property. 8 39. One of the findings set forth in the Urgency Ordinance reveals the City's 9 true discriminatory intent in requiring Non-Profit Entities to obtain a CUP in order to 10 operate Medical Offices in the City's P District—while exempting Far-Profit Entities 11 from that same requirement: 12 WBEREAS, the absence of a conditional use permit requirement for 13 medical offices operated by government, government-subsidized, not-for- 14 profit, or philanthropic entities is inconsistent with the goals expressed by 15 SAMC Section 4 1-1 (Purpose) in that discretion by the Planning 16 Commission and Citv Council cannot be exercised to ensure that the 17 location and operation of such facilities are compatible with the scale 18 character, and nature of surrounding properties and neighborhoods as 19 specified in SAMC sections 41-1. (a), (b), (e), and (f). 20 40. The "code words" embedded in the above-quoted finding unmask the 21 City's biased belief that, while Medical Offices operated by For-Profit Entities would 22 always be "compatible" with the "character" of"surrounding properties and 23 neighborhoods" in the P District, the same would not be true, as the City sees it, for 24 Medical Offices operated by Non-Profit Entities. Motivated by this highly- 12 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 13 of 45 Page ID #:13 1 discriminatory view, the City imposed a CUP requirement on Non-Profit Entities to 2 ensure that the Planning Commission and City Council would have sufficient 3 "discretion"to prevent Medical Offices operated by such Entities from conducting 4 operations within the P District. 5 41. The question that naturally arises, therefore, is what makes the City believe 6 that Medical Offices operated by Non-Profit Entities might be "incompatible" with 7 "surrounding properties and neighborhoods" in the P District, whereas Medical Offices 8 operated by For-Profit Entities could always be counted on to be "compatible" with such 9 properties and neighborhoods? 10 42. Asked another way, when City officials realized that SOS was poised to 11 relocate its operations to the Main Street Property, why did the City suddenly spring into 12 action, hurriedly adopt the Urgency Ordinance, and amend its Zoning Code to provide 13 that Medical Offices operated by Non-Profit Entities are not allowed to operate in the P 14 District unless and until such Entities (a) undergo a costly and time-consuming 15 application, review, and public hearing process to seek a conditional use permit 16 ("CUP"), (b) run the gauntlet of public opposition to the requested CUP, and (c) actually 17 succeed in obtaining a CUP, which will be of limited duration, will be subject to any 18 number of onerous conditions and restrictions, and will always be at risk of being 19 revoked at the City's discretion? 20 43. There is only one answer to these troubling questions: the distinction that 21 the City has drawn in the Ordinances between Medical Offices operated by Non-Profit 22 Entities and those operated by For-Profit Entities is based solely on the City's belief that 23 1 the former are likely to attract poor Latino persons from Mexico and other countries 24 outside the United States (immigrants), as well as homeless persons of various races and 13 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 14 of 45 Page ID#:14 1 ethnicities,whereas the latter are not likely to be visited by such persons. 2 44. Because this invidious belief on the part of the City was unquestionably a 3 motivating factor in adopting the Ordinances and treating Non-Profit Entities, and their 4 patients, in an arbitrary, discriminatory, and unreasonable manner by (a) depriving them 5 of the unfettered "right" and benefits enjoyed by For-Profit Entities to freely operate 6 Medical Offices in the P District and (b) subjecting them to a burdensome and 7 discretionary CUP process with no guaranteed outcome, the Ordinances are unlawful 8 and invalid, both facially and as applied, under, inter alia, the U.S. and California 9 Constitutions. 10 45. Indeed, there is no compelling governmental interest, much less any 11 rational basis, for subjecting Non-Profit Entities, and their patients, to such blatant 12 discrimination, particularly when such discriminatory treatment is intentionally aimed 13 at, and will have a disparate impact on, protected classes of individuals, i.e., poor 14 persons of Latino descent whose national origin is the U.S., Mexico, or other countries 15 outside the U.S. (immigrants) and homeless persons who also belong to various minority 16 groups (Latino, Black or African-American, Asian, etc.). 17 46. Notably, the administrative record for the Ordinances is devoid of any 18 evidence, much less substantial evidence, to support the City's decision to draw such 19 arbitrary and irrational distinctions between Non-Profit and For-Profit Entities operating 20 Medical Offices in the P District. That, alone, renders the Ordinances invalid on their 21 face. 22 47. Moreover, the Ordinances are also invalid on their face to the extent that 23 they attempt to impose any restrictions, such as a CUP requirement, on any Medical 24 Offices operated by any federal, state, or county governmental agencies. Under the 14 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 15 of 45 Page ID #15 1 long-standing doctrine of sovereign immunity, federal, state, and county agencies are not 2 subject to any such land use or zoning regulations. 3 48. In addition, the Ordinances violate the Supremacy Clause of the U.S. 4 Constitution, and California law, and are void to the extent that they stand as an obstacle 5 to the accomplishment and execution of the full purposes and objectives of Congress. 6 As noted above, SOS is a Federally Qualified Health Center ("FQHC") that is funded by 7 the United States government with the express mandate to provide health care services 8 to medically underserved populations. The Ordinances materially interfere with and 9 obstruct SOS's ability to fulfill its federal mandate and thus are preempted by federal 10 and state law. 11 49. Some four decades ago, the California Supreme Court prophetically noted 12 that "In general, zoning ordinances are much less suspect when they focus on the use 13 than when they command inquiry into who are the users." (Emphasis added.) The 14 Ordinances clearly run afoul of this time-honored admonition by unlawfully 15 discriminating against the users of Medical Offices--i.e.,Non-Profit Entities and their 16 patients—rather than focusing on the use, itself, i.e., the provision of medical and dental 17 care to human beings, no matter what their race, color, or national origin is, or whether 18 they are housed or unhoused. 19 50. As such, at a minimum, those portions of the Ordinances that impose a 20 CUP requirement on Medical Offices that are operated by Non-Profit Entities in the P 21 District, including sections 4 and 8 of the Urgency Ordinance (to the extent that 22 Ordinance has not already expired by operation of state law) and sections 9 and 16 of the 23 Permanent Ordinance, must be declared unlawful and be stricken as void and invalid. 24 15 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 16 of 45 Page 1D#:16 1 II. JURISDICTION AND VENUE 2 51. The Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331, 3 and 1343(a)(3), based on questions of federal statutory and constitutional law, and under 4 the Declaratory Judgment Act, 28 U.S.C. §§ 2201(a) and 2202. The Court has 5 supplemental jurisdiction over state law claims under 28 U.S.C. § 1367. 6 52. Venue is proper in the Central District of California pursuant to 28 U.S.C. § 7 1391(b) because all of the Defendants reside and can be found in this District and all of 8 the acts and events giving rise to the claims occurred here. Venue is proper specifically 9 in the Southern Division of this District because all of the Defendants reside within the 10 Southern Division and all of the claims arose in the Southern Division. l 1 III. THE PARTIES 12 53. The City is now, and at all relevant times has been, (a) a municipality 13 organized and existing under the laws of the State of California and (b) a political 14 subdivision of the State of California, located within the County of Orange. The City 15 receives funds from the federal government relating to various federal programs. 16 54. SOS is a community-based 501(c)(3) California non-profit corporation and 17 community health center with its principal place of business in Orange County, 18 California. SOS was founded in 1970 for the express purpose of implementing the 19 Directives of the Catholic Bishops of the United States in offering a broad spectrum of 20 services and resources to help those in need. For the past 39 years, has delivered high- 21 quality, accessible, and affordable health care services to individuals and families 22 throughout Orange County. 23 55. SOS has been designated as a Federally Qualified Health Center ("FQHC") 24 since 2012, and has also secured designation as a Health Care for the Homeless 16 Complaint of Share Our Selves Case 8:23--cv-00504 Document 1 Filed 03/20/23 Page 17 of 45 Page lD #:17 1 ("HCH") program under section 330(h) of the Public Health Service Act. SOS currently 2 provides health services to children, adults, and seniors as well as comprehensive care at 3 its four medical facilities in Costa Mesa, Santa Ana, Mission Viejo, and Newport Beach. 4 56. The full names and capacities, whether individual, corporate, associate or 5 otherwise, of the defendants herein named as DOES 1 through 10, inclusive, are 6 presently unknown to SOS, who, therefore, sues such defendants by such fictitious 7 names. SOS will amend this Complaint to show their true names and capacities when 8 the same have been ascertained. SOS alleges on information and belief that all of the 9 defendants fictitiously named as DOES 1 through 10 are jointly and severally liable and 10 at fault in some manner for the acts and omissions herein alleged and complained of, and 11 caused the injury and damage to MW as alleged herein. 12 57. SOS alleges on information and belief that in performing the acts and 13 omissions alleged herein, each of the Defendants was the agent and employee of each of 14 the other Defendants and was at all times acting within the course and scope of such 15 agency and employment. 16 IV. GENERAL ALLEGATIONS 17 A. SOS And Turner Exist To Provide Healthcare To Communities That 18 Lack Adequate Health Resources. 19 58. FQHCs, such as SOS, are regulated by the Health Resources and Services 20 Administration ("HRSA) of the United States Government. FQHCs receive an annual 21 grant from HRSA for each approved site at which services are provided. In addition, 22 FQHCs receive a higher reimbursement rate for seeing Medicaid (MediCal) patients 23 than do hospitals, non-FQHCs, or practitioners. 24 59. In exchange for. the HRSA grant and higher reimbursement rate, FQHCs 17 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 18 of 45 Page ID #18 1 must provide cradle to grave primary care services and must accept all patients 2 regardless of insurance status or ability to pay. FQHCs are also required to establish 3 "sliding scale" fees for uninsured patients based on an assessment of the patient's 4 income relative to federally adjusted poverty line which takes into consideration the size 5 of the individual's household among other factors. FQHCs are mandated to charge at 6 least a"nominal fee" regardless of how low an individual's income may be. 7 B. SOS And Turner Agree To Develop Medical Offices At The Main 8 Street Property. 9 60. SOS currently operates medical offices in four locations across Orange 10 County, California. One of those offices, the SOS El Sol Wellness Center, is located at 11 1014 N. Broadway, in Santa Ana, California (the "North Broadway Office"). 12 61. SOS has outgrown the North Broadway Office, and needs more space to 13 expand its operations. 14 62. Accordingly, in the fall of 2021, SOS and Turner began looking for a larger 15 building that could house a new medical office to replace the North Broadway Office, 16 based on an understanding that Turner would purchase the building, and SOS would 17 lease the building from Turner with the option to purchase the Main Street Property at 18 year four of the lease. 19 63. Turner is an investment company that invests in under-resourced 20 communities, and builds healthcare facilities on its properties. Turner then leases those 21 facilities to healthcare providers to serve those under-resourced communities. 22 64. Eventually, SOS and Turner found the Main Street Property, located at 23 2670 N. Main Street. The Property consists of a 1.44 acre parcel of land, with an 24 existing office building of approximately 44,000 square feet. The Main Street Property 18 Complaint of Share Our Selves Case 8:23-cv-00504 Document I Filed 03/20/23 Page 1.9 of 45 Page ID #:1.9 1 is in the area designated as the "P district" in the City's Zoning Code. 2 65. On February 25, 2022, SOS and Turner executed a term sheet (the "Term 3 Sheet"), setting forth the parties' intention to purchase and cause the Main Street 4 Property to be remodeled to serve as an expanded outpatient clinic for SOS (previously 5 defined hereinabove as the "Project"). 6 66. The Term Sheet specified that Turner was to negotiate and purchase the 7 Main Street Property, and then develop and construct the medical office space. Eighty 8 percent of the budget for the purchase, development, and construction was to be 9 supplied by Turner, and the remaining 20% was to be supplied by SOS, with Turner 10 holding title to the Property. 11 67. Under the Term Sheet, SOS would enter into a 20-year triple-net lease of 12 the Property, accepting responsibility for maintenance and repairs (other than roof and 13 structural elements). The rent would be calculated based on the final budget, and SOS 14 would be provided with two five-year options to extend, and an option to purchase the 15 Property at year four of the lease. In the event SOS and Turner were not able to 16 consummate the intended transaction, they agreed that the SOS and Turner would each 17 be responsible for 50% of the costs incurred relating to the Project. 18 68. On March 7, 2022, Turner entered into a purchase and sale agreement (the 19 "PSA") to buy the Main Street Property (the "PSA") from the Himy Family Limited 20 Partnership II, LP (the "Seller"). The PSA provided Turner with a period of 90 days 21 (the "Inspection Period") to conduct all due diligence of the property, including any 22 attempts to obtain entitlements, approvals, permits, and private party consents to develop 23 and construct the medical office facilities in the existing office building. The PSA 24 further provided that the Turner had the sole and absolute discretion to decide whether 19 Complaint of Share Our Selves Case 8:23--cv-00504 Document I Filed 03/20/23 Page 20 of 45 Page ID #:20 1 or not to purchase the Main Street Property prior to the expiration of the Inspection 2 Period. 3 69. Under the PSA, Turner was required to, and did, place a refundable deposit 4 into escrow, and made a non-refundable payment in Independent Consideration to the 5 Seller. 6 70. On May 31, 2022, Turner and the Seller extended the Inspection Period 7 through August 5, 2022, pursuant to a First Amendment to the PSA, which required 8 Turner to pay a nonrefundable Extension Fee. 9 71. A second amendment to the PSA was entered into on July 27, 2022. This 1.0 amendment allowed a series of extensions of the Inspection Period. The first extension 11 would be through September 6, 2022, and would require Turner to pay a second 12 Extension Fee. The second extension would be through October 6, 2022, and would 13 also require Turner to pay a third Extension Fee. The third extension would be through 14 November 7, 2022, and would require Turner to pay a fourth Extension Fee. Turner 15 paid all four of these Extension Fees, and obtained the extensions to November 7, 2022. 16 72. On November 7, 2022, Turner and the Seller entered into a third 17 amendment to the PSA, which required Turner to: (1) release a portion of the funds 18 deposited into escrow to the Seller, and (2) make additional nonrefundable payments of 19 three Extension Fees in exchange for three additional 30-day extensions of the 20 Inspection Period. Turner released the escrow funds, made the Extension Fee payments 21 and received the three extensions, after which the Inspection Period was set to expire on 22 February 6, 2023. Under the fourth and final amendment to the PSA, the parties 23 extended the Inspection period through February 10, 2023. 24 73. While these amendments were being negotiated and executed, Turner was 20 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 21 of 45 Page ID #:21 1 also in contact the City to begin the process of obtaining the necessary approvals for the 2 Project. 3 C. Attempts By Turner And SOS To Develop The Main Street Property 4 Run Into Resistance From City Staff. 5 74. At the time the PSA was executed, Medical and dental offices were 6 permitted as a matter of right in the P District in which the Main Street Property is 7 located, and there were no restrictions regarding the entities that could operate such 8 offices. Accordingly, the primary entitlements necessary were a building permit and 9 approval of a major commercial remodel application (the "Major Remodel 10 Application"). Also, the original plans for the Main Street Property required a minor 11 exception to reduce the off-street parking requirements for the site, and to permit tandem 12 parking. 13 75. Turner submitted the materials supporting its application for the minor 14 exception to the City on August 30, 2023. Those materials included a project 15 description, which stated that "Share Our Selves Corporation, a non-profit, Federally 16 Qualified Health Center providing healthcare services to the general public regardless of 17 insurance status or ability to pay, would operate the first- and second-floor medical 18 offices." 19 76. The City denied the minor exception application on October 27, 2022. 20 77. While Turner and SOS initially planned on appealing the denial of the 21 minor exception, they eventually decided that simply altering the plans for the remodel 22 to decrease floor space and increase parking space in order to fully comply with the 23 City's parking requirements might be a better course of action. 24 78. Accordingly, on November 17, 2022, Turner's representative contacted 21 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 22 of 45 Page ID #:22 1 City staff to inform them that Turner and SOS intended to modify their development 2 plans in order to fully comply with all parking requirements. Turner's representative 3 explained that this was being done in order to complete the application process before 4 the PSA expired in February of 2023. She then asked City staff to confirm that, if the 5 remodel project complied with the parking requirements and other zoning and building 6 requirements, the approval of the project would consist of an administrative review by 7 City staff and the use would be:allowed as a matter of right. 8 79. The City replied by e-mail on November 28, 2022, and confinned that the 9 Project "would be subject to administrative review by the Planning Division." A true 10 and correct copy of the email chain including Turner's email of November 17, 2022, and 11 the City's email of November 28, 2022, is attached as Exhibit A hereto 12 80. On December 6, 2022, Turner informed City Staff that it was planning on 13 submitting a Major Remodel Application that complied with the parking requirements 14 by December 22, 2022. 15 81. On December 22, 2022, Turner submitted the plans for their Major 16 Remodel Application in full compliance with the parking requirement (and all other 17 applicable requirements). Turner believed that the Application would quickly be 18 approved on a ministerial basis. 19 D. The City Adopts The Urgency Ordinance To Prevent Purchase And 20 Remodeling Of The Main Street Property By Turner And SOS. 21 82. Once it became known at the City that Turner had resolved the parking 22 issues by reducing the square footage of the Project so that a minor exception was no 23 longer needed and the plans for the Project could be quickly approved, various persons 24 at the City became alarmed that the Project might actually become a reality and, without 22 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 23 of 45 Page ID #:23 1 telling Turner or SOS, began formulating plans to prevent the Project from going 2 forward. The plan they devised, and proceeded to conceal from Turner and SOS, 3 involved adding language to an omnibus amendment to the Zoning Code that had been 4 floating around for months at the City. 5 83. Indeed, months earlier, at a meeting of the City's Planning Commission 6 held on September 26, 2022, consideration of proposed omnibus Zoning Ordinance 7 Amendment 2022-03 (the "Proposed Omnibus Amendment") was placed on the agenda. 8 This Proposed Omnibus Amendment to the Zoning Code was the precursor to what 9 would ultimately be adopted by the City Council as the Permanent Ordinance on 10 February 7, 2023. 11 84. However, as of the September 2022 timeframe, the Proposed Omnibus 12 Amendment did not include any provisions requiring CUPs for Medical Offices in the P 13 District that are operated by government, government-subsidized, not-for-profit, or 14 philanthropic entities (previously defined hereinabove as "Non-Profit Entities"). 15 85. Moreover, as of the December 2022 timeframe, there was nothing pressing 16 or urgent about adopting the Proposed Omnibus Amendment, given that it had been 17 taken off calendar at the September 26, 2022 meeting without discussion by the 18 Planning Commission, and had been allowed to languish for nearly three months until it 19 had been rescheduled for hearing on December 12, 2022. 20 86. The public notice for the Proposed Omnibus Amendment to be considered 21 at the December 12, 2022 Planning Commission meeting was published on November 22 29, 2022, and no mention whatsoever about imposing any CUP requirements on Non- 23 Profit Entities that sought to operate any Medical Offices in the P District. 24 87. Ncvertheless, despite this blatant lack of public notice, and without any _ 23 Complaint of Share Our Selves Case 8:23-cv-00504 Document I Filed 03/20/23 Page 24 of 45 Page 1D #:24 1 notice having been given to Turner or SOS, the version of the Proposed Omnibus 2 Amendment to the Zoning Code that City staff presented to the Planning Commission. 3 for its consideration at the December 12, 2022 meeting did, in fact, include new 4 language purporting to amend section 41-313.5 of the Zoning Code to require Non- 5 Profit Entities to obtain a discretionary permit, i.e., a CUP (hereinafter referred to as the 6 "CUP Requirement"), before being allowed to operate any Medical Offices in the P 7 District. 8 88. What is important to note is that this new language surfaced at the Planning 9 Commission meeting just two weeks after City staff had informed Turner in.writing that 10 the Project would only be subject to administrative review by the Planning Division, 11 There can be no doubt, therefore, that this new language was purposely aimed at SOS's 12 Project and was designed to bring it to an immediate halt. 13 89. At the December 12, 2022 meeting, the Planning Commission voted to 14 recommend that the City Council approve the version of Zoning Ordinance 2022-03 that 15 amended section 41-313.5 of the Zoning Code to impose the discriminatory CUP 16 Requirement for Medical Offices operated by Non-Profit Entities in the P District. 17 90. Shortly thereafter, on December 20, 2022, the City Council held a hearing 18 on the Urgency Ordinance, which was virtually identical to Zoning Ordinance 2022-03 19 that had been recommended for approval by the Planning Commission on December 12, 20 but the Council hurriedly enacted the Ordinance as an urgency measure, rather than as a 21 permanent ordinance. 22 91. Once again, despite the fact that the Urgency Ordinance was obviously 23 intended to apply to the Project, the City opted not to give Turner or SOS any heads up 24 or other form of notice of the hearing on the Urgency Ordinance. 1n fact, no advance 24 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 25 of 45 Page ID #:25 1 notice of the hearing on the Urgency Ordinance was given to the general public either. 2 92. At its December 20, 2022 meeting, the City Council unanimously passed 3 the Urgency Ordinance, which purported to add new subdivision (p)to section 41-313.5 4 of the City's Municipal Code. That new subdivision provided that a CUP would be 5 required in the P District for any "Medical offices operated by government, government- 6 subsidized, not-for-profit, or philanthropic entities." Under section 41-313 of the City's 7 Municipal Code, any Medical Offices operated by For-Profit Entities (as previously 8 defined above) are permitted in the P District as a matter of right, with no need to obtain 9 a CUP. 10 93. Attached as Exhibit B hereto is a true and correct copy of the Agenda 11 Packet for the Urgency Ordinance, which contains a true and correct copy of the 12 Urgency Ordinance. 13 94. In addition to enacting the CUP Requirement that only applies to Non- 14 Profit Entities, the City engaged in additional unlawful and discriminatory conduct by 15 including in the Urgency Ordinance (and ultimately also in the Permanent Ordinance 16 also) provisions to prohibit Medical Offices from treating substance abuse or providing 17 any "homeless support services" in the P District, and to allow the installation of electric 18 fences to prevent homeless people from trespassing on properties adjacent to railroad 19 tracks. 20 95. At the City Council hearing on the Urgency Ordinance, the Council 21 discussed some matters relating to the use of electric fences to ward off"transient 22 populations"—i.e., homeless persons—but there was no discussion of the discriminatory 23 CUP Requirement at all. 24 96. Because the City had purposely left Turner and SOS in the dark about the _ 25 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Piled 03/20/23 Page 26 of 45 Page ID #:26 1 Urgency Ordinance, Turner submitted its Major Commercial Remodel Application for 2 the Main Street Property on December 22, 2022, two days after the Urgency Ordinance 3 had already gone into effect. 4 97. Turner did not learn of the Urgency Ordinance until City staff sent an e- 5 mail to Turner on December 29, 2022, stating that a CUP would be required to allow "an 6 entity such as Share Our Selves" to conduct any operations in the P District. 7 98. On January 31, 2023, City staff informed Turner that proceeding with a 8 CUP application would also require payment of a Development Permit Fee in the 9 amount of$5,216.38, an Environmental Determination Fee of$706, and an OCFA fee 10 of$404. 11 E. The Urgency Ordinance Expires, Turner resubmits Its remodel 12 Application, And The City Council .Approves The Permanent 13 Ordinance. 14 99. On January 17, 2023, the City Council held a public hearing on the first 15 reading of the Permanent Ordinance, which is the permanent version of Zoning 16 Ordinance 2022-03. Like the Urgency Ordinance, this version also contained the 17 discriminatory CUP Requirement in section 41-313.5(p) of the City's Municipal Code, 18 and the other anti-homeless provisions discussed above. 19 100. For the third time, despite the fact that the City intended the Permanent 20 Ordinance to (a) directly apply to the Project, (b) prevent Turner from timely closing 21 escrow on the Main Street Property, and (c) effectively prohibit SOS's use of that 22 Property, the City failed to give Turner or SOS any notice of the hearing on the 23 Permanent Ordinance. Once again, the public notice did not state that the City was 24 considering imposing a CUP requirement for medical offices in the P District. 26 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 27 of 45 Page ID #:27 1 101. More importantly, the public notice for the January 17, 2023 hearing on the 2 first reading of the Permanent Ordinance was legally defective and violated section 3 65094 of the Government Code by failing to state whether the Planning Commission 4 had recommended that the City Council adopt the Permanent Ordinance. 5 102. At the January 17, 2023 hearing, the City Council voted to approve the 6 Permanent Ordinance, and to advance it to a second reading, which was scheduled for 7 February 7, 2023. 8 103. Attached as Exhibit C hereto is a true and correct copy of the Agenda 9 Packet for the Permanent Ordinance, which contains a true and correct copy of the 10 Permanent Ordinance and the Notice of Public Hearing. 1.1 104. Under California Government Code section 65858(a), the Urgency 12 Ordinance expired by operation of law on February 3, 2023, 45 days after it was 13 adopted. Furthermore, under California Law, the Permanent Ordinance would not take 14 effect until 30 days after the City Council approved it on the second reading. 15 105. Accordingly, on Monday February 6, 2023, Turner resubmitted its Major 16 Commercial Remodel Application (the "Resubmitted Application") for the Main Street 17 Property, which was no longer subject to the CUP requirement in the Urgency 18 Ordinance. 19 106. On February 7, 2023, the City Council held the second reading of the 20 Permanent Ordinance. SOS submitted written comments to the City Clerk, explaining 21 that the public notice for the public hearing and first reading was invalid, requesting that 22 the public hearing on the Permanent Ordinance be reopened, and setting forth the 23 reasons for SOS's opposition to the Permanent Ordinance. A true and correct copy of 24 SOS's written comments is attached hereto as Exhibit D. 27 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 28 of 45 Page ID #:28 1 107. Representatives of SOS also appeared in person at the February 7, 2023 2 City Council meeting, and reiterated SOS's opposition to the Permanent Ordinance, and 3 its request that the public hearing be reopened. The City Council refused to reopen the 4 public hearing, and approved the Permanent Ordinance. 5 108. Attached as Exhibit E hereto is a true and correct copy of section 41-313.5 6 of the City's Municipal Code, as enacted by the Urgency Ordinance and the Permanent 7 Ordinance. 8 109. On Wednesday, February 8, 2023, City staff sent an e-mail to Turner 9 regarding its Resubmitted Application. In that e-mail, staff ignore state law and claimed 10 that, under the City's charter, the Urgency Ordinance has "immediate and lasting 11 effect," and thus "the development project and conditional use permit processes are still 12 applicable." A true and correct copy of the City staff s February 8, 2023 e-mail is 13 attached hereto as Exhibit F. 14 110. Later that day, counsel for SOS submitted a letter to the City Attorney, 15 Sonia Carvalho, explaining that because Government Code section 65858(a) explicitly 16 states that it applies to charter cities, City Staff statement and refusal to process the 17 application are plainly contrary to California law. The letter then requested that the City 18 Attorney explain why the application could not be processed and a building permit 19 issued before the Permanent Ordinance takes effect. 20 111. The City Attorney responded by asserting (without citation to any 21 authority) that the City's charter allows urgency ordinances to take immediate effect. 22 Again, this ignores the fact that Government Code section 65858(a)provides for a 45- 23 day expiration date for such urgency ordinances, and expressly states that charter cities 24 are subject to the provisions of section 65858. 28 Complaint of Share Our Selves Case 8:23-cv-00504 Document I Filed 03/20/23 Page 29 of 45 Page 1D #:29 1 112. A charter city cannot use provisions in its charter to override state statutes 2 that expressly apply to charter cities. Accordingly, the City Attorney's indefensible 3 refusal to abide by California law is evidence of the malicious and discriminatory intent 4 that the City bears towards SOS and its homeless and impoverished clientele. 5 113. On March 15, 2023, the City again sent an e-mail addressing the status of 6 Turner's Resubmitted Application, confirming that the Application has been closed and 7 that a new application for a CUP would be required instead. A true and correct copy of 8 the City's March 15, 2023 e-mail is attached hereto as Exhibit G. 9 F. The City's Actions Cause Turner And SOS To Lose The Right To 10 Purchase The Main Street Property. 11 114. As a result of the City's adoption of the Permanent Ordinance, and its 12 refusal to process Turner's Resubmitted Application following the expiration of the 13 Urgency Ordinance, the Seller of the Main Street Property refused to extend the 14 Inspection Period under the PSA any further, and the PSA was terminated. 15 115, The Main Street Property is still on the market, and SOS and Turner could 16 potentially enter into a new contract to purchase the Property if their rights to develop a 17 medical office without the burdensome and impracticable requirement for applying for a 18 CUP were affirmed in this Action. 19 G. The CUP Process Is Futile And Unreasonably Burdensome. 20 116. Applying for a CUP to develop a medical office in the P district would be a 21 fatile, because the City Council is biased against SOS and its low income, homeless, and 22 Latina clientele, and will discriminate against them by refusing to grant such a permit. 23 117. Moreover, Turner's funding of the purchase depends on its ability to lease 24 the space to SOS in accordance with its corporate purpose. Unfortunately, the Seller is 29 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 30 of 45 Page ID #:30 1 no longer willing to hold the Main Street Property off the market and under contract to 2 Turner long enough for Turner and SOS to pursue approval of a CUP application. 3 118. In addition, Turner and SOS cannot apply for a CUP on property they do 4 not own without the permission of the property owner. 5 119. This means that, to apply for a CUP (with little to no chance of success 6 given the City's demonstrated bias), Turner and/or SOS would have to spend millions of 7 dollars to purchase the Main Street Property with no guarantee that they would ever be 8 able to use the building. Neither Turner nor SOS has sufficient funds to make such an 9 imprudent gamble. 10 120. The discriminatory requirement to apply for a CUP, in and of itself, 11 therefore, imposes an unreasonable burden that puts SOS and Turner at a disadvantage, 12 since persons and entities not subject to that requirement will be able to purchase 13 properties in the P District without a contingency period, knowing that they will be able 14 to use the properties for medical offices as a matter of right. 15 H. Exhaustion Of Administrative Remedies. 16 12t. To the extent that exhaustion of administrative remedies is required, SOS 17 exhausted its administrative remedies by appearing at the second reading of the 18 Permanent Ordinance, stating the reasons for its opposition both orally and in writing, 19 and making an earnest request that the City Council reopen the public hearing on the 20 Permanent Ordinance to consider the grounds for SOS's opposition to the Permanent 21 Ordinance. The City Council unreasonably refused to do so, and adopted the Permanent 22 Ordinance over SOS's opposition. 23 122. SOS also attempted to timely obtain the ministerial approvals that would be 24 necessary to remodel the Main Street Property without a CUP. That attempt was fully 30 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 31 of 45 Page 1D #:31 1 and finally rejected by the City in Exhibits E and F, hereto. 2 123. SOS was prevented and excused from appearing at the first reading of the 3 Permanent Ordinance because notice of that hearing was defective under California 4 Government Code section 65094. 5 124. Specifically, the notice did not reference the Planning Commission's 6 recommendation regarding the Ordinance as required by law, did not provide any hint or 7 suggestion that government subsidized, non-profit, and philanthropic medical offices 8 were going to be treated differently than all other medical offices, and, most importantly, 9 the notice did not indicate that applications that had been duly submitted before the 10 Permanent Ordinance took effect (such as SOS's) were not going to be grandfatbered in 11 and exempted from the CUP Requirement. 12 1. Standing. 13 125. SOS has standing to bring this Action on behalf of itself for injuries to its 14 own rights as set forth below. SOS also has standing to assert Turner's claims by virtue 15 of Turner's assignment of all of its claims and causes of action to SOS. A true and 16 correct copy of the Assignment of Claims Agreement between Turner and SOS is 17 attached hereto as Exhibit H. 18 126. In addition, SOS has organizational standing to bring suit on behalf of its 19 staff of doctors, nurses, and other health care providers, because (1) those staff members 20 would have standing to sue on their own right, (2) the interests this Action seeks to 21 vindicate are germane to SOS's purpose, and (3) neither the claim asserted nor the relief 22 requested requires the participation of individual staff members in the lawsuit. 23 127. Finally, SOS also has standing to assert claims for discrimination and 24 violation of the rights of its patients for two reasons. First, SOS is asserting claims 31 Complaint of Share Our Selves Case 8:23-cv-00504 Document I Piled 03/20/23 Page 32 of 45 Page ID #:32 1 based on damage inflicted on its own business due to unlawful discrimination and 2 violation of the rights of its patients. Second, SOS has standing to assert constitutional 3 violations of its patients' rights because: (1) SOS itself has suffered a substantial injury- 4 in-fact, in the form of the loss of the right to purchase the Main Street Property, as well 5 as the loss of significant funds spent in developing the Property and extending the PSA, 6 thereby giving SOS a sufficiently concrete interest in the outcome of the issue in 7 dispute, (2) SOS has a close enough relationship to its patients to justify standing, and 8 (3) the patients themselves are unable and unlikely to assert claims against the City 9 relating to its zoning ordinances because (a) most lack sufficient financial resources to 10 fund litigation, (b) many of the potential patients that could be served in the P District 11 are as yet unknown, and (c) the Ordinances have an indirect effect on their rights and the 12 existing ordinances are likely unknown to them. 13 FIRST CLAIM FOR RELIEF 14 (Violation of the Fourteenth Amendment to the United States Constitution-- 15 Substantive Due Process, Under 42 U.S.C. § 1983, 28 U.S.C. §§ 1331 & 2201) 16 128. Plaintiff realleges and incorporates herein by reference each and every 17 allegation contained in paragraphs 1 through 127, inclusive, as set forth above. 18 129. The Urgency Ordinance, the Permanent Ordinance, and Municipal Code § 19 41-313.5(p), on their face and as applied, impose the discriminatory CUP Requirement 20 on Medical Offices operated by Non-Profit Entities in the P District, while not requiring 21 a CUP for Medical Offices that are operated by For-Profit Entities in that same District. 22 130. Based on SOS's preliminary estimate, there appear to be at least 42 For- 23 Profit Entities that are currently operating Medical Offices in the P District. 24 131. The salient characteristic of Non-Profit Entities that is not shared with For- 32 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1. Filed 03/20/23 Page 33 of 45 Page ID#:33 1 Profit Entities providing medical services is that Non-Profit Entities provide medical 2 services to patients who generally cannot afford to purchase those services from For- a Profit Entities. In Santa Ana, the patients who typically visit Medical Offices operated 4 by Non-Profit Entities are (a) predominantly Latino immigrants with low incomes and 5 (b) homeless persons of various ethnicities. 6 M. The motivating intent, and effect, of the CUP Requirement enacted by the 7 Ordinances is to discriminate against the homeless, low-income, immigrant, and Latino 8 patients who are served by Medical Offices operated by Non-Profit Entities by depriving 9 them of the fundamental right of the opportunity to access healthcare from entities 10 willing to provide it, including the right to access reproductive healthcare. The 11 motivating factor and effect of the CUP Requirement is also to discriminate against the 12 Non-Profit Entities, themselves, based on their willingness to provide health care to such 13 patients. 14 133. The discriminatory CUP Requirement, both on its face and as applied, also 15 (1) infringes on and violates SOS's fundamental right of association and the 16 fundamental rights of its doctors, nurses, and other health care providers to privacy and 17 to freely associate with persons of their own choosing, guaranteed by the First and 18 Fourteenth amendments to the United States Constitution, and (2) infringes on and 19 violates the fundamental rights of SOS's patients to privacy and to freely associate with 20 persons of their own choosing, guaranteed by the First and Fourteenth amendments to 21 the United States Constitution by, among other things, interfering with their right to seek 22 health care, including reproductive health care, from doctors, nurses, and other health 23 care providers willing to provide it. 24 134. The CUP Requirement is not narrowly tailored, and does not serve any 33 _ Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 34 of 45 Page ID #:34 1 compelling state interest. Indeed, the requirement is arbitrary and not rationally related 2 to any legitimate governmental purpose. There is no reasonable basis for discriminating 3 between Medical Offices operated by Non-Profit Entities and Medical Offices operated 4 by For-Profit Entities. 5 135. Instead, the CUP Requirement and the related discriminatory conduct by 6 the City against Non-Profit Entities and the patients they serve are based solely on 7 personal and group animus against, and malicious intent towards, people who are 8 homeless, low-income, immigrant, and Latina, as well as against those organizations 9 that would provide healthcare and other services to these groups of people. 10 136. Indeed, the respective administrative records for the Ordinances do not 11 contain any explanation or evidence whatsoever to justify imposing the CUP 12 Requirement on Non-Profit Entities, but not imposing it on other entities. 13 137. As a pretextual justification for the discriminatory CUP requirement, the 14 City's Staff Reports for the Urgency Ordinance and Permanent Ordinance falsely stated 15 that the zoning provisions for the P District "[did] not currently permit medical uses 16 operated by government, government subsidized, not-for-profit, or philanthropic 17 entities." This is untrue. 18 138. Prior to the adoption of the Urgency Ordinance and the Permanent 19 Ordinance, the City's Zoning Code allowed Medical Offices in the P District, without 20 any restrictions or requirements regarding the type of entities that were permitted to 21 operate those Medical Offices. Indeed, the Hurtt Family Health Clinic, which is a 22 FQHC, and the St. Joseph Heritage Health Group are prime examples of Non-Profit 23 Entities that have operated Medical Offices in the P District for many years without 24 having to obtain a CUP or any other discretionary permit to conduct their operations in 3 4- _ Complaint of Share Our Selves T Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 35 of 45 Page ID #:35 1 that District. 2 139. This pretextual justification was designed to disguise the City's 3 discriminatory motive, by making it appear that the City was expanding the rights of 4 Non-Profit Entities when, in fact, it was unlawfully restricting them as a result of animus 5 towards the type of patients who typically visit Medical Offices operated by Non-Profit 6 Entities. 7 140. There is no governmental interest that justifies the City's discriminatory 8 conduct as alleged herein, and such actions on the part of the City truly shock the 9 conscience, because they are intended to injure and exclude people who are homeless, 10 low-income, immigrant, and Latino, as well as the charitable organizations that provide 11 these individuals with medical care. 12 141. California law prohibits local governments from engaging indiscrimination 13 based on race, national origin, immigration status, or wealth. In its February 6, 2023 14 letter to the Mayor and the City Council, which was hand-delivered to the City Clerk at 15 the outset of the February 7, 2023 meeting of the City Council, SOS explained the 16 discriminatory and unlawful nature of the Permanent Ordinance. 17 142. After the letter was delivered, the meeting was then delayed for almost 90 18 minutes as the Mayor and councilmembers remained in closed session, apparently to 19 watch President Biden's State of the Union address on TV. The letter--which the 20 Mayor, councilmembers, and. City Attorney had adequate time to read, and did read 21 based on and the statements that the City Attorney made later in the meeting—and the 22 remarks that the representatives of SOS and Turner addressed to the Mayor and 23 councilmembers during the public comment segment of the meeting, provided the City 24 with an opportunity to reflect and make reasoned and rational decisions, eliminating any 35 Complaint of Share Our Selves Case 8:23-cv-00504 Document I Filed 03/20/23 Page 36 of 45 Page 1D 1#:36 1 possibility that this discrimination was negligent or inadvertent. 2 143. The City Council passed the Permanent Ordinance anyway, in deliberate 3 indifference to the rights of Turner, SOS, and SOS's patients, and in a manner that 4 deliberately flouted state law and impermissibly infringed on on (a) SOS's fundamental 5 right of association and its equitable interest in leasing and using the Main Street 6 Property as an expanded outpatient clinic; (b) Turner's fundamental right of association 7 and its equitable interest in purchasing the Main Street Property pursuant to the PSA, S and leasing it to SOS; and (c)the fundamental rights of SOS's homeless, low income, 9 immigrant, and Latino patients to pursue their fundamental rights of privacy and 10 association, and the right to seek health care from an organization willing to provide it, 11 including the right to seek reproductive health care. 12 144. SOS is a government-subsidized, not-for-profit, and philanthropic entity 13 that wishes to operate a medical office in the City's P District, but has been thwarted by 14 the City's actions, the Urgency Ordinance, and the Permanent Ordinance, as set forth 15 above. 16 145. Turner and SOS had a contractual, equitable, and constitutionally protected 17 fundamental right to purchase, lease, and use the Main Street Property "by right" for 18 medical office use, according to the same laws applicable to other similarly situated 19 persons, including the right not to be discriminated against on the basis of the City's 20 animus toward people who are homeless, low-income, immigrant, and Latino and those 21 who provide these individuals with health care. Since other similarly situated entities 22 were allowed to use property in the P District for medical offices as a matter of right, 23 that right could not be constitutionally denied to Turner and SOS based on a violation of 24 fundamental constitutional rights and impermissible personal and group animus. 36 Complaint of Share Our Selves Case 8;23-cv-00504 Document 1 Filed 03/20/23 Page 37 of 45 Page ID #:37 1 146. Based on the foregoing, sections 4 and 8 of the Urgency Ordinance, 2 sections 9 and 16 of the Permanent Ordinance, and the discriminatory CUP Requirement 3 in Municipal Code § 41-313.5(p) are void in that they deny and violate the rights of 4 SOS, Turner, and SOS's patients to, substantive due process guaranteed by the 5 Fourteenth Amendment to the United States Constitution. 6 147. As a direct, foreseeable, and proximate result of the imposition of the 7 discriminatory CUP Requirement in the Urgency Ordinance and. the Permanent 8 Ordinance, SOS lost the opportunity to lease, and Turner lost the opportunity to 9 purchase the Main Street Property, as well as deposits paid to the Seller to extend the 10 PSA, and SOS's patients have lost the opportunity to exercise their fundamental rights 11 of privacy and association and the right to seek health care at the expanded SOS 12 location. 13 148. 7n addition, SOS and Turner incurred fees and costs in connection with the 14 proposed purchase and remodeling of the Main Street Property which have now gone to 15 waste as a proximate result of the City's wrongful and discriminatory conduct as alleged 16 above. Such conduct has caused SOS and Turner to suffer monetary damages in an 17 amount to be determined at trial, but in no event less than $500,000. 18 149. Turner has assigned all of its claims against the City to SOS to pursue in 19 this Action. SOS has standing to assert discrimination against it based on the identities 20 of its patients for the reasons set out above. 21 150. An actual controversy has arisen and now exists between SOS and the City 22 relative to their respective rights and duties in that SOS contends that ,sections 4 and 8 of 23 the Urgency Ordinance, sections 9 and 16 of the Permanent Ordinance, and the 24 discriminatory CUP Requirement in Municipal Code § 41-313.5(p) are void, invalid, 37 _ Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page M of 45 Page f D#:38 1 and unenforceable, both on their face and as applied to SOS, for the reasons set forth 2 above, and. the City disputes these contentions and contends that the Urgency Ordinance 3 and Permanent Ordinance, and section 41-135.5(p) are valid, enforceable, and in full 4 force and effect. 5 151. SOS desires a declaration as to the validity of sections 4 and 8 of the 6 Urgency Ordinance (to the extent such Ordinance is still in effect), ,sections 9 and 16 of 7 the Permanent Ordinance, and the discriminatory CUP Requirement in Municipal Code 8 § 41-313.5(p), both on their face and as applied to SOS's intended operation of a 9 Medical Office in the P District. A judicial declaration is necessary and appropriate at 10 this time so that SOS may ascertain its rights and duties with regard to operating a 11 Medical Office in the P District. Without such a declaration, it will be impossible for 12 SOS to obtain a lease or purchase of property in the P District for the establishment of a 13 Medical Office. 14 152. In addition, SOS is without an adequate remedy at law, because the 15 violations of constitutional rights that it and its patients have suffered and continue to 16 suffer cannot be adequately compensated by money damages. 17 153. Injunctive relief is necessary and appropriate to prevent the City from 18 continuing to violate the U.S. Constitution. Unless enjoined and restrained by this 19 Court, the City will continue to make it impossible for SOS to obtain an expanded 20 outpatient clinic in the P District to better serve its patients. 21 154. Accordingly, as a result of the City's violation of the constitutional rights 22 alleged above, SOS is entitled to ancillary temporary, preliminary, and permanent 23 injunctive relief enjoining the Defendants from applying, implementing, and enforcing 24 sections 4 and 8 in the Urgency Ordinance, sections 9 and 16 in the Permanent _ 38 Complaint of Share Our Selves Case 8:23-cv-00504 Document I Filed 03/20/23 Page 39 of 45 Page ID ##:39 1 Ordinance, and the discriminatory CUP Requirement in Municipal Code § 41-313.5(p). 2 SECOND CLAIM FOR RELIEF 3 (Violation of the Fourteenth Amendment to the United States Constitution —Equal 4 Protection, Under 42 U.S.C. § 1983, 28 U.S.C. §§ 1331 & 2201) 5 155. Plaintiff realleges and incorporates herein by reference each and every 6 allegation contained in paragraphs 1-127, 129-145, and 147-154, inclusive, as set forth 7 above. 8 156. Based on the foregoing, sections 4 and 8 of the Urgency Ordinance, 9 sections 9 and 16 of the Permanent Ordinance, and the discriminatory CUP Requirement 10 in Municipal Code § 41-313.5(p) are void in that they deny and violate the rights of 11 SOS, Turner, and SOS's patients to, equal protection of the laws as guaranteed by the 12 Fourteenth Amendment to the United States Constitution. 13 THIRD CLAIM FOR RELIEF 14 (Declaratory And Injuntive Relief For Violation of Article I, §§ 1, 1.1, 7 Of The 15 California Constitution -- Substantive Due Process, Under Cal. Code Civ. Proc. § 16 1060 & 28 U.S.C. § 2201) 17 157. Plaintiff realleges and incorporates herein by reference each and every allegation contained in paragraphs 1-127, 129-145, and 147-154, inclusive, as set forth 18 above. 19 158. Based on the foregoing, sections 4 and 8 of the Urgency Ordinance, 20 21 sections 9 and 16 of the Permanent Ordinance, and the discriminatory CUP Requirement 22 in Municipal Code § 41-313.5(p) are void in that they deny and violate the rights of 23 SOS, Turner, and SOS's patients to, substantive due process guaranteed by the California Constitution. 24 _ 39 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 40 of 45 Page 1D #:40 1 FOURTH CLAIM FOR RELIEF 2 (Violation of the Article I, §§ 1, 1.1, & 7 Of The California Constitution —Equal 3 Protection, Under Cal. Code of Civ. Proc. § 1060 & 28 U.S.C. § 2201.) 4 159. Plaintiff realleges and incorporates herein by reference each and every 5 allegation contained in paragraphs 1-127, 129-145, and 147-154, inclusive, as set forth 6 above. 7 160. Based on the foregoing, sections 4 and 8 of the Urgency Ordinance, 8 sections 9 and 16 of the Permanent Ordinance, and the discriminatory CUP Requirement 9 in Municipal Code § 41-313.5(p) are void in that they deny and violate the rights of 10 SOS, Turner, and SOS's patients to, equal protection of the law as guaranteed by the 11 California Constitution. 12 FIFTH CLAIM FOR RELIEF 13 (Supremacy Clause and State Law Preemption 28 U.S.C. §§ 1331 & 2201) 14 161. Plaintiff realleges and incorporates herein by reference each and every allegation contained in paragraphs 1-127, 129-145, and 147-154, inclusive, as set forth 15 above. 16 162. By openly discriminating against FQHCs, like SOS, section 4 and 8 of the 17 Urgency Ordinance, sections 9 and 16 of the Permanent Ordinance, and the 18 19 discriminatory CUP Requirement in Municipal Code § 41-313.5(p) stand as an obstacle 20 to the accomplishment and execution of the full purposes and objectives of Congress. 21 163. More specifically, as an FQHC, SOS is funded by the United States 22 government to provide health care services to medically underserved populations. 23 FQHCs were established by Congress in 42 U.S.C. § 1395x, and are funded by grants 24 under 42 U.S.C. § 254b. Section 254b specifically allows for grants that take into _ 40 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 41 of 45 Page ID #:41 1 account the need for medical services in homeless and high poverty populations. 2 164. In addition, various federal regulations and state statutes and regulations 3 embrace a legislative policy against discrimination in the provision of health care 4 services based on source of payment, including 42 CFR §§ 460.98, 460.112, Cal Health 5 & Sa£ Code § 1256.2, & 22 CCR §§ 97520.15, 70707. Discrimination against health 6 care provided by government-funded entities also impermissibly discriminates against 7 those individuals with disabilities who rely on such funding due to inability to work as a 8 result of their disabilities, as well as seniors who rely on such funding due to retirement. 9 165. The Public Health Service Act provides that eligible community health 10 centers and their employees are employees of the federal Public Health Service ("PHS") 11 for certain purposes. The Secretary of Health and Human Services deems a community 12 health center to be a PHS employee after the center has qualified for certain federal 13 assistance. Once a community health center is deemed a PHS employee, it enjoys 14 immunity from those acts that relate to its employment, and any actions against it are 15 treated as actions against the United States. Furthermore, for a FQHC receiving funds 16 under 42 U.S.C. § 254b, any officer, governing board member, or employee of such an 17 entity . . . shall be deemed to be an employee of the Public Health Service for purposes 18 such as immunity from liability for medical malpractice, etc. 19 166. There is, therefore, a direct agency relationship between FQHCs, such as 20 SOS, and the federal government. Sections 4 and 8 of the Urgency Ordinance, sections 21 9 and 16 of the Permanent Ordinance,and the discriminatory CUP Requirement in 22 Municipal Code § 41-313.5(p) interfere and conflict with the accomplishment and 23 execution of the full purposes and objectives of Congress, particularly with respect to 24 providing health care to underserved populations, including homeless persons. 41 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 42 of 45 Page [D#:42 1 167. Both on their face, and as applied to SOS, sections 4 and. 8 of the Urgency 2 Ordinance, sections 9 and 16 of the Permanent Ordinance, and the discriminatory CUP 3 Requirement in Municipal Code § 41-313.5(p) interfere and directly conflict with 4 Congress's full purpose and objections set forth in §§ 1395x and 254b (as well as the 5 legislative policy against source of payment discrimination), by placing burdens on 6 FQHCs that do not apply to private health care providers, because FQHCs are funded by 7 the government, and because they provide services to homeless and high poverty 8 populations. 9 168. Congress had particular purposes and objectives in mind in creating and 10 funding FQHCs, including the provision of health care to the very populations that the 11 City is attempting to discriminate against in the Urgency Ordinance and the Permanent 12 Ordinance. Leaving sections 4 and 8 of the Urgency Ordinance, sections 9 and 16 of the 13 Permanent Ordinance, and the discriminatory CUP Requirement in Municipal Code § 14 41-313.5(p) in place would compromise those objectives. Furthermore, there is no 15 reason to believe that Congress anticipated that cities would enact zoning ordinances 16 expressly discriminating against FQHCs or would be content to let such direct and 17 intentional interference with its purposes remain in place. 18 169. By virtue of this conflict with federal and state law sections 4. and 8 of the 19 Urgency Ordinance, sections 9 and 16 of the Permanent Ordinance, and the 20 discriminatory CUP Requirement in Municipal Code § 41-313.5(p) are void in that they 21 violate the Supremacy Clause in the United States Constitution, and California law. 22 SIXTH CLAIM FOR RELIEF 23 (Petition For Writ Of Mandate Under Cal. Code Civ. Proc. § 1085, FRCP Rule .) 24 170. Plaintiff realleges and incorporates herein by reference each and every 42 Complaint of Share Our Selves Case 8:23-cv-00504. Document I Piled 03/20/23 Page 43 of 45 Page 1D #:43 1 allegation contained in paragraphs 1 through 169, inclusive, as set forth above. 2 171. For all of the reasons set forth above, sections 4 and 8 of the Urgency 3 Ordinance, sections 9 and 16 of the Permanent Ordinance, and the discriminatory CUP 4 Requirement in Municipal Code § 41-313.5(p) are unconstitutional and void. 5 172. As such, the City has a ministerial duty to void, vacate, and strike sections 4 6 and 8 of the Urgency Ordinance, sections 9 and 16 of the Permanent Ordinance, and the 7 discriminatory CUP Requirement in Municipal Code § 41-313.5(p). 8 173. SOS is without an adequate remedy at law, because the violations of 9 constitutional rights that it and its patients have suffered and continue to suffer cannot be 10 adequately compensated for by money damages. 11 SEVENTH CLAIM, FOR RELIEF 12 (Declaratory Relief re Expiration Of The Urgency Ordinance, Under Cal. Gov. 13 Code § 65858, Cal. Code of Civ. Proc. § 1060 & 28 U.S.C. § 2201) 14 174. Plaintiff realleges and incorporates herein by reference each and every 15 allegation contained in paragraphs 1 through 127, inclusive, as set forth above. 16 175. Under California Government Code section 65858(a), the Urgency 17 Ordinance expired by operation of law on February 3, 2023, 45 days after it was 18 adopted. 19 176. An actual controversy has arisen and now exists between SOS and the City 20 relative to their respective rights and duties in that SOS contends that the Urgency 21 Ordinance has expired under California law, while the City disputes that contention and 22 contends that the Urgency Ordinance is valid, enforceable, and still in full force and 23 effect, and that its urgency ordinances prohibiting and restricting land uses are not 24 required to comply with the expiration period set forth in Government Code section 43 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 44 of 45 Page ID #:44 1 65858(a). 2 177. SOS desires a declaration as to both the expiration of the Urgency 3 Ordinance, and the City's obligation to comply with the expiration period set forth in 4 Government Code section 65858(a) when enacting urgency ordinances that prohibit and 5 restrict land uses in the future. A judicial declaration is necessary and appropriate at this 6 time so that the parties may ascertain their respective rights and duties with respect to 7 the City's Urgency Ordinance and similar ordinances in the future. Without such a 8 declaration, the City will continue to pass urgency ordinances, and take the unlawful 9 position that the ordinances do not expire in accordance with California law. 10 WHEREFORE, Plaintiff prays for relief and judgment as follows: 11 For the First and Second Claims for Relief, an award of compensatory damages in an amount to be determined according to proof at trial, but in no event less than 12 $500,000. 13 For the First through Fifth Claims for Relief, appropriate declaratory and 14- injunctive relief, as prayed for above. 15 For the Sixth Claim for Relief, a writ of mandate as prayed for above. 16 For the Seventh Claim for Relief, appropriate declaratory relief as prayed for 17 above. For costs of suit and attorney's fees incurred by Plaintiff herein; and 18 For such other and further relief as the Court may deem just and proper. 19 DATED: March 20, 2023 CONNOR, CH ER & HEDENK MP LLP 20 21 By: Ed o d M. Connor 22 AlWheys for Plaintiff Share Our Selves Corporation 23 24 44 Complaint of Share Our Selves ase 8:23-cv-00504 Document 1 Piled 03/20/23 Page 45 of 45 Page ID#:45 1 VE.RWi[CATION 2 I, Christy Ward, declare and say: 3 1. I am the Chief Executive Officer of plaintiff and petitioner Share Our 4 Selves Corporation, and I am authorized to make this verification on its behalf. 5 2. I have read the foregoing"Complaint Of Share Our Selves Corporation For 6 Damages,And Declaratory And Injunctive Relief, For Constitutional Violations, And 7 Petition For Writ Of Mandate" and I Hereby verify that I am informed and believe the 8 facts alleged therein are true. 9 1 declare under penalty of perjury under the laws ofthe State of California that the 10 foregoing is true and correct. 1 ]. Executed this twentieth day of March,2023,at_KJeo - 6.pe.�,California. 12 13 C rzst War 14 15 DEMAND FOR.l-URY TRIAL 16 Pursuant to Federal Rule of Civil Procedure 38(b), Plaintiff Share Our Selves 17 Corporation hereby demands a trial by jury of all issues triable by a jury in this action. 18 DATED: March 20, 2023 CONNO . , FLETCHER & HEDENKAMP LLP 19 By: fi�UmondN —Connor 20 (Attorneys for Plaintiff Share Our Selves Corporation 21 22 23 24 45 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1-1 Filed 03/20/23 Page 1 of 3 Page ID #:46 e � xhl Ebit Case 3:23-cv-00504 Document 1-1 Filed 03/20/23 Page 2 of 3 Page ID #:47 Doug Hedlenkamp From: Pezeshkpour, Ali <APezeshkpour@santa-ana.org> Sent: Monday, November 28, 2022 9:25 PM To: Kate Hirsh Cc: Thai, Minh; Paul Simonds; Matsler, Sean; Schloss, E.J.; Logan Harper Subject: RE: 2670 Main Street- medical use-follow up Attachments: 2670 N. Main Street- Project Plans(8-19-22)(15991678.1).pdf [External Sender] Hi Kate, Thank you for sharing the attached plans with the Planning Division for review. Fused on your description, Share Our Selves proposes to demolish the entire third floor's square footage in order to reduce the gross building square footage such that only 139 onsite parking spaces would be required for the remaining square footage's medical office use. Insofar as the proposed use and its required onsite parking conform to Zoning Code requirements,the review process would be administrative. Removal of the third floor's square footage would be subject to administrative review by the Planning Division for conformance to zoning code and Citywide Design Guidelines for conformance to development standards and design policies. Once cleared for plan check by the Building Division,the plans would be reviewed for full conformance to any applicable codes, including building and fire. Please let me know if I can answer any additional questions. All the best, -Ali From: Kate Hirsh<khirsh@turnerimpact.com> Sent:Thursday, November 17, 2022 4:48 PM To: Pezeshkpour,Ali<APezeshkpour@santa-ana.org> Cc:Thai, Minh<mthai@santa-ana.org>; Paul Simonds<paul@curtpringle.com>; Matsler, Sean <S Mats ler@coxcastle.com>;Schloss,E.J. <ESchloss@coxcastle.com>; Logan Harper<Iharper@turnerimpact.com> Subject:2670 Main Street-medical use-follow up Ali, Thank you for your time to discuss our proposed project at 2670 Main Street.We debriefed as a project team and would like to pursue the concept of removing the 3rd floor from the project.This would reduce the building square footage from 44,066 to 27,750 and the building would be 100% medical office use.At medical office parking requirements of 5:1000 that would equate to 139 parking stalls, and we currently have 139 parking stalls on site.The building exterior would maintain the same finish and overall aesthetic, but the overall building height would be less.We would explore ways to use the existing 3"floor wail structure as the new rooftop parapet/mechanical screen. It is my understanding that medical office is a by-right use, and if we eliminate building SF so that the proposed use can be 100% parked on site,there is no minor exception or other entitlement request. Our goal in pursuing this option would be to get planning signoff on our plans prior to expiration of our property due diligence period in February. I believe we would need to put something similarto a zoning package(site plan,floor plans, elevations, landscape plan) 1 Case 8:2.3-cv-00504 Document 1-1 Piled 03/20/23 Page 3 of 3 Page ID #:48 together for planning review and approval for submittal to the building department. Can you please let me know the requirements for the plan submittal so we can get our architect moving ASAP? am reattaching the existing building plans as submitted for the original parking request for quick reference. Thanks again and we are hopeful this is a viable path forward for this project and tenant. Sincerely, Kate Kate Hirsh Director Turner Impact Capital 1702 Olympic Boulevard Santa Monica, CA 90404 D: 31.0.752.9623 1 C: 310.658.3219 www.turnerimpact.com z Case 8:23-cv-00504 Document 1-2 Filed 03/20/23 Page 1 of 1.8 Page ID #:49 Exhl" bit Case 8:23-cv-00504 Document 1-2 Filed 03/20/23 Page 2 of 18 Page ID #:50 Planning and Building Agency santa-ana,orgldepartmentslplanning-and-building) i Item # 39 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Urgency Ordinance to Amend various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) Pertaining to Regulating Noxious Uses, Medical Offices Operated by Government, Government-Subsidized, Not-for-Profit, or Philanthropic Entities, Electric Fences, and Various Use Definitions AGENDA TITLE: Zoning Ordinance Amendment No. 2022-07 —An Urgency Ordinance of the City Council of the City of Santa Ana Amending Various Sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) Related to Noxious Uses, Medical Offices Operated by Government, Government-Subsidized, Not-for-Profit, or Philanthropic Entities, Electric Fences, and Various Use Definitions RECOMMENDED ACTION Approve Zoning Ordinance Amendment No. 2022-07 and adopt the Urgency Ordinance by two-thirds (213) vote to amend various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC). EXECUTIVE SUMMARY Staff is proposing to amend several sections of Chapter 41 (Zoning) of the SAMC to accomplish the following: address current and immediate threats to the public health, safety, or welfare due to the absence of regulations on noxious uses in close proximity to schools, parks, and residences; the absence of clear definitions defining and characterizing the various professional and administrative, and medical and nonmedical land uses and a conditional use permit (CUP) requirement for medical offices operated by government, government-subsidized, not-for-profit, or philanthropic entities; standards for construction of electric fences; and various use definitions to effectively carry out regulations. The proposed amendments are described in further detail in the Discussion section of this report. DISCUSSION Pursuant to SB 1000, the City was required to address Environmental Justice in the General Plan Update, The General Plan includes numerous goals, policies, and implementation actions that were developed in collaboration with the community to address environmental issues that Santa Ana residents face on a daily basis. Staff is proposing to amend several sections of Chapter 41 (Zoning) of the SAMC to address current and immediate threats to the public health, safety, or welfare due to the absence of regulations on noxious uses in close proximity to schools, parks, and residences. In addition, the absence of clear definitions defining and characterizing the various professional and administrative, and medicaLand-oan madmal land 1L%e_&,-njd_a_r_QndAjQWI imo narmif w1irpment faLinedical City Council 39 -- 1 12120/2022 Case 8:23-cv-00504 Document 1-2 Filed 03/20/23 Page 3 of 18 Page ID #:51 ZOA No. 2022-07-- Urgency Ordinance December 12, 2022 Page 2 offices operated by government, government-subsidized, not-for-profit, or philanthropic entities in the Professional (P) zoning district hinder the City's ability to meet the goals expressed in SAMC Section 41-1 (Purpose) to implement a regulatory land use and development framework to promote the health, safety, and the general welfare of the residents of Santa Ana. The proposed ordinance establishes a decision making process for the City to identify, evaluate, regulate, address, and reduce the potential impact to the built environment stemming from these land uses. The need is urgent as the City has and will continue to receive a higher rate of appeals of the City's permitting process pertaining to these land uses within the P zoning district. Lastly, there have been near daily police and/or code enforcement-related incidents regarding transient populations trespassing on and causing damage to private, non-residential properties abutting railroad rights-of-way in Santa Ana. Options and development standards for the installation of electric fencing types on private property to deter this type of activity are needed. Table 1 below and on the following pages illustrates the existing and proposed regulations to address these immediate needs and issues affecting the community. Table 1: ZOA No. 2022-07 Current and Proposed Text Regulations Topic Existing.Zoning Code Regulations Proposed Zoning Code Regulations Noxious Uses The SAMC regulates industrial and 1. Create new"noxious uses"section to noxious land uses through permitting require approval of a conditional use them in industrial zoning districts. permit for industrial type uses located However,the SAMC does not provide within 500 feet of a sensitive land use additional regulation for uses that have that requires a permit to discharge air a regional, state, or federal permit to contaminants or process or store emit or store or process hazardous regulated chemicals or substances waste that are in close proximity to (Sec.41-199.4). sensitive land uses. 2. Update the Non-Conforming section of the Zoning Code to require a conditional use permit for noxious uses whenever an existing non- conforming business changes ownership and requires a new certificate of occupancy.Additionally, require businesses with these type of permits to remain in compliance with applicable laws or lose their nonconforming status (Sec.41-683 and Sec.41-683.6). Medical Offices in The Professional(P)zoning district Revise the uses permitted subject to a the Professional permits medical and dental offices by conditional use permit section of the Zoning District right. However,the zoning district does Professional(P)zoning district to require not currently permit medical uses a conditional use permit for medical operated by government, government- offices operated by government, subsidized, not-for-profit, or government-subsidized. philanthropic entities. Counseling Services The SAMC does not currently define Create"counseling services"definition in -Definition counseling services. Division 2(Definitions),Article I of the Zonin Code 5ec.41-44.6 . City Council 39 -- 2 12120/2022 Case 8:23-cv-00504 Document i.-2 Filed 03/20/23 Page 4 of 18 Page ID #:52 ZOA No. 2022-07— Urgency Ordinance December 12, 2022 Page 3 Medical Office- The SAMC does not currently define 1, Create"medical office"definition in Definition medical office. Division 2(Definitions),Article I of the Zoning Code(Sec.41-121). 2. Update the permitted uses sections of the Professional (P), Community Commercial(Cl), Community Commercial--Museum District(Cl- MD),Arterial Commercial (C5), and South Main Street Commercial District(C-SM)to consistently use "medical office." Professional, The SAMC does not currently define 1. Create"professional, business, and Business,and professional, business,and administrative office"definition in Administrative Office administrative office. Division 2(Definitions),Article I of the -Definition Zoning Code(Sec.41-127.5) 2. Update the permitted uses sections of the Professional(P), Community Commercial(Cl), Community Commercial--Museum District(Cl- MD),Arterial Commercial(C5), and South Main Street Commercial District(C-SM)to consistently use "professional, business,and administrative office." Electric Fences The SAMC is currently silent on electric 1. Create"electric fence"definition in fences. The SAMC neither defines nor Division 2(Definitions),Article I of the regulates electric fences,which have Zoning Code(Sec.41-54.5) become more widely used as a means 2. Add new section to regulate zones to secure property from theft and/or and properties where electric fences vandalism. are permitted (only in M1 and M2, and only where abutting a rail right- of-way)subject to a minor exception Sec.41-610.5 . Noxious Uses In response to community concerns related to environmental pollution and the proximity of certain industrial uses in relation to homes, schools, and parks, the City adopted numerous environmental justide policies and actions in its General Plan to amend use regulations and development standards in the Zoning Code. A majority of the actions in the General Plan related to use, buffers, and development standards will be analyzed and addressed through the comprehensive Zoning Code Update. However, noxious businesses in close proximity to parks, schools, and residences is of immediate concern as they pose an immediate threat to the health and safety of those recreating, attending school, or residing in their proximity. Additionally, federal, state, and regional permitting agency requirements alone are insufficient to properly protect the health and safety of residents as has been proven through the numerous businesses that continue to be licensed in close proximity to sensitive receptors even when they violate applicable federal and state laws. Staff is proposing to create a new Section 41-199.4(Noxious uses) to require a CUP for industrial uses that require a permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances from a regional, City Council 39 --3 12/20/2022 Case 8:23-cv-00504 Document 1.-2 Filed 03/20/23 Page 5 of 18 Page ID #:53 ZOA No. 2022-07 -- Urgency Ordinance December 12, 2022 Page 4 state, or federal agency when located within 500 feet of public park, school, or a property used or zoned for residential purposes. To buttress this new amendment, staff also proposes to create a new Section 41-683.6 (Discontinuance of nonconforming noxious use) to require these types of businesses that do not have a CUP and are nonconforming to comply with development standards and CUP requirements when a business changes ownership, requires a new Certificate of Occupancy, or is in violation of any applicable federal, state, or local regulation for a period of sixty (60) consecutive days, receives three noncompliant notices, or is in violation for a total of ninety (90) days in a one year period. Professional, Business, and Administrative Office; Counseling Services; Medical Offices Chapter 41 of the SAMC currently does not provide a definition for "professional, business, and administrative office," and zoning districts where the use is permitted utilize inconsistent terminology. Staff is proposing to create a new Section 41-127.5 to define "professional, business, and administrative office" and to amend the uses permitted sections of various zoning districts where the use is permitted to utilize consistent terminology and provide clarity. Chapter 41 of the SAMC currently permits "counseling services" in the General Commercial (C2) zoning district subject to a CUP, but Chapter 41 does not provide a definition for the use. As such, businesses offering counseling services have attempted to operate in zoning districts where the use is not permitted under the impression that the use could be classified as a "professional, business, and administrative office" or a "medical office." To provide clarity to prospective businesses, staff is proposing to create a new Section 41-44,6 to define "counseling services." Chapter 41 of the SAMC currently does not provide a definition for "medical office," and zoning districts where the use is permitted utilize inconsistent terminology. The lack of a definition and utilization of inconsistent terminology, staff spends an inordinate amount of time providing members of the public and prospective business operators clarification on what business uses are categorized as a medical office and where the use is permitted. Staff is proposing to create a new Section 41-121 to define "medical office" and to amend the uses permitted sections of various zoning districts where the use is permitted to provide consistency in terminology and clarity. The amendments would also permit medical offices operated by government, government-subsidized, not-for-profit, or philanthropic entities subject to approval of a CUP. The above referenced definitions and amendment are needed to effectively carry out regulations and provide for their enforcement, without which the City would be in a precarious and untenable position when reviewing applications and making determinations to approve or deny a land use. City Council 39—4 12/20/2022 Case 8:23-cv-00504 Document 1-2 Filed 03/20/23 Page 6 of 18 Page ID #:54 ZOA No. 2022-07 _ Urgency Ordinance December 12, 2022 Page 5 Electrified Security Fences There have been near daily police and/or code enforcement-related incidents regarding transient populations trespassing on and causing damage to private, non-residential properties abutting railroad rights-of-way in Santa Ana. To address this pressing security matter, provide property and business owners another option to protect property from theft or vandalism, staff is proposing to amend Section 41-610.5 (Walls and fences) of the SAMC to permit electric fences only in the Light Industrial (M1) and Heavy Industrial (M2) zoning districts, respectively, on properties that abut a railroad right-of-way subject to the issuance of a minor exception. Additionally, staff is proposing a number of development standards such as minimum distance from residential properties, screening requirements, and accessibility requirements to ensure community compatibility, aesthetic considerations, and emergency responder access are addressed and maintained. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act("CEQA") and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to sections 15061(b)(3) and 15061(b)(5) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment. As a result Environmental Review No. 2022-123 will be filed upon adoption of this ordinance. FISCAL IMPACT There is no direct fiscal impact associated with this action. EXHIBIT(S) 1. Ordinance for ZOA No. 2022-07 Submitted By: Minh Thai, Executive Director of the Planning and Building Agency Approved By: Kristine Ridge, City Manager City Council 39 --5 12/20/2022 Case 8:23-cv-00504 Document 1-2 Filed 03/20/23 Page 7 of 18 Page ID #:55 ORDINANCE NO. NS-XXX AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING VARIOUS PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO NOXIOUS USES, MEDICAL OFFICES OPERATED BY GOVERNMENT, GOVERNMENT-SUBSIDIZED, NOT-FOR-PROFIT, OR PHILANTHROPIC ENTITIES, AND DEFINITIONS FOR OTHER OFFICE USES WHEREAS, pursuant to SB 1000, the City was required to address Environmental Justice in the General Plan Update due to a number of disadvantaged communities located within the City; and WHEREAS, the City Council adopted the General Plan Update on April 19, 2022, which included numerous goals, policies, and implementation actions associated with addressing environmental justice; and WHEREAS, developing, adopting, implementing, and enforcement of environmental laws, regulations, and policies can help address longstanding environmental impacts on communities; and WHEREAS, Land Use Element action 3.2 states that the City will undertake updating the zoning code's development and operational standards to address incompatibility of industrial uses in close proximity to sensitive receptors; and WHEREAS, the absence of clear and consistent use of terms and definitions for professional, business, and administrative office, medical office, and counseling service is inconsistent with the goals expressed by Santa Ana Municipal Code (SAMC) Section 41-1 (Purpose) in that the City cannot effectively carry out regulations and provide for their enforcement without clear and enforceable terms and definitions; and WHEREAS, the absence of a conditional use permit requirement for medical offices operated by government, government-subsidized, not-for-profit, or philanthropic entities is inconsistent with the goals expressed by SAMC Section 41-1 (Purpose) in that discretion by the Planning Commission and City Council cannot be exercised to ensure that the location and operation of such facilities are compatible with the scale, character, and nature of surrounding properties and neighborhoods as specified in SAMC sections 41-1 (a), (b), (e), and (f); and WHEREAS,AB 358 was adopted August of 2021, authorizing property owners that meet specified requirements to install and operate electrified fences on their property to protect and secure commercial or industrial property, but the absence of locally-adopted standards in the Zoning Code allowing and regulating electrified fences on private property poses a threat to the health, safety, and welfare of property owners and passers- by in Santa Ana, leading to potentially dangerous configurations of electrified fences that City Council 39 —6 o� r, � s xxx Page 1 of 12 Case 8:23-cv-00504 Document 1-2 Filed 03120/23 Page 8 of 18 Page ID #:56 do not meet local development standards that would otherwise ensure the safe design and installation of such fences; and WHEREAS, there have been near daily police and/or code enforcement-related incidents regarding transient populations trespassing on and causing damage to private, non-residential properties abutting railroad rights-of-way in Santa Ana; and WHEREAS, there is a current and immediate threat to the public health, safety, or welfare due to the absence of regulations on noxious uses in close proximity to schools, parks, and residences; the absence of conditional use requirements on medical offices operated by government, government-subsidized, not-far-profit, or philanthropic entities in the Professional (P) zone; the lack of clear land use definitions that may work an adverse impact on existing communities, as well as negatively impact property values, personal privacy, and fire safety; and the lack of standards for the installation of electric fences on private property. These threats to public safety, health, and welfare justify adoption of this ordinance as an urgency ordinance to be effective immediately upon adoption by a two-thirds vote of the City Council; and WHEREAS, pursuant to Santa Ana City Charter sections 415 and 417, based on the above findings, this Ordinance is declared by the City Council to be necessary as an emergency measure to protect and preserve the health, safety and welfare of the citizens of the City of Santa Ana and will become effective immediately if passed by the affirmative votes of at least two-thirds (2/3) of the members of the City Council. The City Council hereby finds that there is an urgent need to adopt these regulations in order to address the current and immediate threats set forth above. NOW, THEREFORE, the City Council of the City of Santa Ana does ordain as follows: Section 1. The recitals above are each incorporated by reference and adopted as finding by the City Council. Section 2. Section 41-44.6 (Counseling services) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-44.6. - Counseling services. A facility where personnel provide counseling sees,in individual orgroup sessions that focus specifically on mental development,„recovery, rehabilitative vocational assistance, and employment preparation for the purposes of achieving independence, and/or integration in the workplace and community. Fora practice roviding counseling services specializing in substance abuse, this includes a facility that provides substance abuse counseling practiced by a licensed professional, on an outpatient basis with or without the dispensing of medication onsite. "Counseling services" does not include "Medical office,"which is separately defined. Section 3. Section 41-54.5 (Electric fence) of Chapter 41 of the SAMC is hereby added to read as follows: City Council 39 —7 0J3QJ;9. -xxx Page 2 of 12 Case 8:23-cv-00504 Document 1-2 Filed 03/20/23 Page 9 of 18 Page ID #:57 Sec. 41-54.5. - Electric fence. "Electric Fence" and "Electrified Fence" shall mean_any_fence powered by an electrical energizer with characteristics outlined and defined in California Civil Code Section 835 used to protect and secure industrial property. •___._ Section 4. Section 41-121 (Reserved) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-121, - Medical office Reserved. A medical office is a facility providing consultation, diagnosis, therapeutic, preventive surgical, or corrective personal treatment services by doctors or dentists, and their support staff, to support the healing of humans wherein such medical doctors and dentists are licensed. These facilities can be at health centers, individual doctor or dentist offices and exclude practices providing counseling services specializing in substance abuse, homeless support services, and medical research laboratories. Section 5. Section 41-127,5 (Professional, business, and administrative office) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-127.5. - Professional, business, and administrative office. A professional, business, or administrative office is an establishment providing.,direct "over-the-counter" services or business service s to consumers or clients (e.g., insurance agencies, real estate offices, travel agencies utility company offices, etc.) and office-type facilities occupied by businesses providing professional services and/or engaged in the production of intellectual property. Section 6. Section 41-199.4 (Noxious uses) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-199.4. - Noxious uses. ,(a) AnV use other than eating establishments listed in Section 41-472 or 41-472.5 of this Chapter, regardless of the zoning district it is established or proposed to be established in, that requires a permit from a regional, state, or federal agency to handle store emit or discharge regulated compounds, materials chemicals or substances that is located within 500 linear feet of a public park, school (K-12) as defined by Section 11362.768 of the Health and Safety„Code, or property used or zoned for residential purposes requires a conditional use permit. LbA The 500_linear_foot distance shall be measured_from the outermost boundar roof the subject property to the closest„point of any public park. school. or property used or zoned for residential purposes. LcA The property owner or business operator of a business regulated by subsection (a) shall be responsible for notifying the City of anrequirement to obtain a permit from a regional, state, or federal agency. Notification to the City must be made City Council 39— 8 OIW-Z9Aq.3 s-xxx Page 3 of 12 Case 8:23-cv-00504 Document 1-2 Filed 03/20/23 Page 10 of 18 Page ID #:58 prior to obtaining any permit from a regional, state, ,or federal_agency for the business activities listed in subsection (a). ,(d) A business regulated by this section shall be in compliance with all provisions established by this Code and all applicable federal state or local regulations and conditions established by regulating.and permitting agencies. Section 7. Section 41-313 (Uses permitted in P district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-313. - Uses permitted in P district. The following uses are permitted in the P district: (a) Professional, business,and administrative offices where no merchandise is sold. (b) Banks, savings and loan offices, credit unions, and mortgage and finance companies. (c) Travel agencies. (d) Medical and dental (e) Art galleries, art and photography studios. (f) Museums and science centers. (g) Print and copy services. (h) Pharmacies, limited to the dispensing of goods and merchandise related to health care only, and excluding drive-through facilities. (i) Child care facilities. (j) Non-freestanding commercial and service uses which do not exceed ten (10) per cent of the floor space of the building in which they are located and which are supportive of, compatible with, and integrated into the professional and business uses on the same property, excluding drive-through facilities, and commercial uses which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (k) Freestanding restaurants, cafes, and eating establishments, excluding drive- through facilities and excluding any eating establishment specified in section 41- 313.5. Section 8. Section 41-313.5 (Uses subject to a conditional use permit in the P district) of Chapter 41 of the SAMC is hereby amended to read as follows: City Council 39 -- 9 oI'NPR9.39-xxx Page 4 of 12 Case 8:23-cv-00504 Document 1-2 Piled 03/20/23 Page 11 of 18 Page ID #:59 Sec. 41-313.5. - Uses subject to a conditional use permit in the P district. The following may be permitted in the P district, subject to the issuance of a conditional use permit: a. Convalescent hospitals, nursing homes, rest homes and extended care facilities. b. Hospitals. c. Trade and professional schools, d. Health clubs and gymnasiums. e. Recreational or entertainment uses if carried on in conjunction with any of the uses specified in clauses (e), (f) and (k) of section 41-313. f. Ambulance and emergency medical response services. g. Non-freestanding commercial and service uses which are open at any time between the hours of 12:00 midnight and 5:00 a.m., provided that such uses also meet the standards for commercial and service uses permitted under section 41-313, and further provided that such uses have less than twenty thousand (20,000) square feet of floor area. h. Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. i. Banquet facilities, subject to development and operational standards set forth in section 41-199.1. j. Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. k. Adult day care facilities. 1. Clubs, fraternities and lodges. m. Bail bond uses, subject to development and operation standards set forth in section 41-323. n. Churches and accessory church buildings. o. Parking lots and parking structures subject to compliance with the requirements of Section 41-324. p. Medical offices operated by government,government-subsidized, not-for-profit, or philanthropic entities. Section 9. Section 41-365 (Uses permitted in the C1 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-365. - Uses permitted in the C1 district. The following uses are permitted in the C1 district: (a) Retail and service uses, City Council 39— 1 a Page 6 of 12 Case 8:23-cv-00504 Document 1-2 Filed 03/20/23 Page 12 of 18 Page ID #:60 (b) Professional, business, and administrative and business-offices. (c) Automobile parking lots and parking structures. (d) Automobile sales, but excluding truck, trailer, tractor and boat sales. (e) Churches and accessory church buildings. (f) Mortuaries. (g) Theaters. (h) Hospitals, clinics, and sanitariums. (i) Animal hospitals and veterinaries. (j} Plant nurseries. (k) Gymnasiums. (1) Golf courses, both regulation and miniature, and driving ranges. (m) Public utility structures, including electric distribution and transmission substations. (n) Restaurants, cafes, and eating establishments, other than those specified in Section 41-365.5. (o) Schools and studios operated for commercial or public purposes. (p) Childcare facilities. (q) Service stations. (r) Automobile servicing. (s) Tattoo and/or body art establishments, subject to the development and operational standards set forth in Section 41-199.3. ft Medical offices. Section 10. Section 41-375.1 (Uses permitted in the CI-MD district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-375.1. - Uses permitted in the C1-MD district. The following uses are permitted in the CI-MD district: a Retail and service uses, other than those specified in section 41-375.2. City Council 39 — 11 oWAR939-xxx Page 6 of 12 Case 8:23-cv-00504 Document 1-2 Filed 03/20/23 Page 13 of 18 Page lD#:61 (b) Professional, business, and administrative and bassi offices where no merchandise is sold. (c) Medical and aroffices. (d) Theaters and cinemas. (e) Gymnasiums and health clubs. (f) Travel agencies, with no embarking or disembarking of passengers. (g) Art galleries and art and photography studios. (h) Museums and science centers. (i) Restaurants, cafes, and eating establishments other than those specified in section 41-375.2, excluding eating establishments with drive-thru window service. O Child care facilities. Section 11. Section 41-424 (Uses permitted in the C5 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-424. Uses permitted in the C5 district. The following uses are permitted in the C5 district: (a) Professional, business, and Aadministrative and prefess.0nal offices. (b) Retail and service uses. (c) Automobile parking lots, but excluding the sale or storage of automobiles, trucks, trailers, boats, or tractors, whether new or used. (d) Churches, chapels, mortuaries, and theaters. (e) Government buildings. (f) Restaurants and cafes, other than those specified in Section 41-424.5. (g) Schools and studios operated for commercial or public purposes. (h) Child care facilities. (i) The printing, publishing, and circulation of a newspaper, including plant and office. City Council 39 — 12 Page 7 of 12 Case 8:23-cv-00504 Document 1-2 Filed 03/20/23 Page 14 of 18 Page ID #:62 (j} Two-family dwellings not exceeding one (1) unit per three thousand (3,000) square feet of lot area, provided such units front on a secondary or local street. (k) Gymnasiums and health clubs. Medical offices. Section 12. Section 41-521 (Uses permitted in the C-SM district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-521. - Uses permitted in the C-SM district. The following uses are permitted in the C-SM district: (a) Retail and service uses. (b) Professional, business, and administrative,and business offices. (c) Public parking lots and parking structures. (d) Animal hospitals and veterinarians. (e) Gymnasiums, health clubs, and martial arts studios. (f) Public utility structures, including electric distribution and transmission substations. (g) Restaurants, cafes, coffeehouses, and eating establishments, other than those provided in section 41-522, excluding the establishment of drive through service facilities. (h) Schools and studios operated for commercial or public purposes. (i) Child care facilities. 0) Art galleries, museums and exhibit balls. (k) Plant nurseries. (1) Theaters. (m) Furniture stores. (n) Youth amusement rides ancillary to grocery, general merchandise and department retail store uses. Lol Medical offices. City Council 39-- 13 019&9 93A_xxx Page 8 of 12 Case 8:23-cv-00504 Document 1-2 Filed 03/20/23 Page 15 of 18 Page ID #:63 Section 13. Section 41-683 (Discontinuance of nonconforming building or use) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-683. - Discontinuance of nonconforming building or use. Except as provided in section 41-683.5 and 41-683.6, if a nonconforming use is discontinued, or if a nonconforming building is vacant, unused or unoccupied for a period of twelve (12) consecutive months, any subsequent use must conform in every respect to the provisions of this chapter, and a nonconforming building may not thereafter be used or occupied until it conforms in every respect to the provisions of this chapter. Section 14. Section 41-683.6 (Discontinuance of nonconforming noxious use) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41.683.6. -Discontinuance of nonconforming noxious use. Lal If a nonconforming use of a building regulated by Section 41-199.4 recluires a new certificate of occupancy for any reason other than a change in business name with no change in owner of the business, legal, nonconforming status shall be lost and any subsequent use must conform in every respect to-the provisions of this chapter. kb If a nonconforming use of a building regulated by Section-41-199.4 is in violation of any applicable_federal, state, or local regulation for a period of sixty (60) consecutive days, receives three noncompliant notices from a federal state or local_re_regulatory agency in a one (1 wear period, or is in violation for a total of ninety 94 days in a one 1 year period, legal nonconforming status shall be lost and any subsequent use of the building shall conform in every respect to the provisions of this chapter. Section 15. Section 41-610.5 (Wall and fence requirements in the industrial and commercial zones) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-610.5. -Wall and fence requirements in the industrial and commercial zones. (a) In the industrial and commercial zones,walls and fences shall not exceed ten (10) feet in height, and shall not exceed four (4) feet in height where the wall or fence extends into the required front yard or any required landscaped area. (b) On any lot in a C1, C2, C4, or C5 district, a concrete block wall not less than five (5) feet in height shall be erected along any property line contiguous to any residentially zoned property, except that such wall shall not exceed the height Iimitations prescribed in subsection (a) of this section. This requirement may be waived by the planning commission upon a finding that the abutting property is in a period of transition to nonresidential use, or that, due to special circumstances, the wall would not promote the public health, safety, or welfare. (c) Barbed wire is not permitted as part of a wall or fence except as follows: City Council 39 -- 14 oMARRA-xxx Page 9 of 12 Case 8:23-cv-00504 Document 1-2 Filed 03/20/23 Page 16 of 18 Page ID #:64 (1) In the M 1, M2 and LM districts: barbed wire is permitted subject only to the restrictions set forth hereinafter. (2) In the C1, C2, C4 and CM districts: barbed wire is permitted only in a rear year or side yard which is not viewable from a public street and is subject to the restrictions set forth hereinafter. (3) Barbed wire may not be used above the height limitations set forth in subsection (a) of this section. (4) Barbed wire may not be used as part of any wall or fence which is adjacent to property used for residential purposes or to property which is used as a school, church, park, or youth center. d� Electric fences shall only be permitted in the M1 and M2 districts subject to the issuance of a minor exception pursuant to Article V of this Chapter and shall meet the requirements set forth in California Civil Code Section 835 and below: Electric fences shall only be permitted on properties abutting a railroad right- of-way. Electric fences shall be located at least one hundred and fifty (150) linear feet from a property used for residential_or public park use, or any prosy zoned for such a use, or schools (K-12) as defined by_Section 11362.768 of the Health and Safety Code. Electric fences are only_pe_rmitted in a rear or side yard which is not„viewable from a public street. fAJ No electric fence shall be permitted, installed, or used unless it is completely surrounded and screened by a nonelectric wall that is at least six 6 feet in height. In no case shall the electric fence encroach into any required setback area. Electric fences may exceed the height of the surrounding_ nonelectric wall by up to 18 inches. JQ Any portion of the electric fence extending beyond the height of the surrounding nonelectric screen wall shall be angled away from the property line at a 45-degree upward slope. Electric fences shall be set back from existing walls and fences in a manner so as to prevent accumulation of debris and to prevent unsafe conditions from forming in any resulting gap from the_setback required by this subsection. In no case shall._ an electric fence .exceed the maximum fence height established in subsection (a). Electric fences shall be installed to be as minimally intrusive as possible. City Council 39 -- 15....._._. OINAPA9.39-xxx Page 10 of 12 Case 8:23-cv-00504 Document, 1-2 Filed 03/20/23 Page 17 of 18 Page ID #:65 O_OANo electric fence shall be energized during advertised business hours. ,(11�Electric fences shall be identified by prominent] p jaced warning signs that are legible from both sides of the fence. At minimum, the warning signs shall meet all of the following criteria: The warning sins are placed at_each gate and access point, and at intervals along the fence not exceeding thirty (30)feet. (B) The warning signs are adjacent to any other signs relating to chemical radiological, or biological hazards. LQ The warning signs are marked with written warning or a„ commonly recognized. symbol for shock, a written warning or a commonly recognized symbol to warn people with pacemakers, and a written or common recognized symbol about the danger of touching the„fence in wet conditions. Electric fences equipped with monitored alarm systems may„require an alarm use_permit. Accessibility to emergency personnel and first responders must be maintained through the use of a knox box or other access feature as determined by the Orange County Fire Authority and the Santa Ana Police De artment. L 4AThe applicant and property owner shall enter into an agreement holding the City of Santa Ana harmless from all legal actions that may arise due to the operation of the electrified fence. The agreement shall be recorded with the property and shall release the City of Santa Ana from all liability whatsoever. Section 16. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to Sections 15060(c)(2) and 15060(c)(3) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. Section 17. The City Council hereby declares, based on the findings set forth above, the urgency exists and that this Ordinance is necessary and appropriate to preserve the public health, safety, and welfare. Section % This ordinance shall become effective immediately upon its adoption. Section 19. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validi!Y of the remaining City Council 39 — 16 0092ARg_xxx Page 11 of 12 Case 8:23-cv-00504 Document 1-2 Filed 03/20/23 Page 18 of 18 Page ID #:66 portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 20. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of , 2022. Mayor APPROVED AS TO FORM Sonia R. Carvalho, City Attorney John M. Funk Chief Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: _ Clerk of the Council City of Santa Ana City Council 39— 17 01922A9.99-Xxx Page 12 of 12 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 1 of 76 Page ID #:67 Exhibit Case 8:23-cv-00504 Document 1.-3 Filed 03/20/23 Page 4 of 76 Page ID #:70 ZOA No. 2022-03: Zoning Code Amendments and Updates January 17, 2023 Page 2 Urgency Ordinance At its regular meeting on December 20, 2022, the City Council approved an urgency ordinance (ZOA No. 2022-07) amending various sections of Chapter 41 related to noxious uses; medical offices operated by government, government-subsidized, not-for- profit, or philanthropic entities; electric fences; and various use definitions. The amendments approved under the urgency ordinance are also included in this ZOA, should there be challenges related to the exigency posed by the threats to public health, safety, or welfare that were demonstrated by the urgency ordinance. In addition, staff has already begun evaluating the appropriate distances for expanding the buffer between noxious uses and sensitive receptors beyond 500 feet as directed by the City Council during the adoption of the urgency ordinance and will present a recommendation to the City Council at a future meeting. DISCUSSION Various sections within Chapter 41 of the SAMC have been revised periodically over the last several years to respond to changes in development and business practices, to adopt new permitting procedures, and to comply with changes to state and federal laws. In a continuing effort to comply with changes to state law, establish high-quality development standards, create a user friendly environment for residents and the business community, and to commence the work of enacting the various policies and actions set forth in the General Plan, the Planning Division is proposing revisions to various sections of the Zoning Code. Table 1 below and on the following pages illustrates the existing and proposed regulations. The amendments identified are the first of several amendments that will be made to the Zoning Code leading up to the comprehensive update of the Zoning Code. The proposed changes would apply citywide. Table 1: ZOA No. 2022-03 Current and Proposed Text Regulations Topic Existing Zoning Code Regulations Proposed.Zoning Code Regulations Family Daycare 1. Definition for"Child Care Facility' 1. Update definitions to conform to state Facilities (Sec.41-42.5). definition: Family daycare and 2. Uses permitted in the Single-Family Daycare center, respectively. Residence(R1)section(Sec.41- 2. Delete references to child care 232) requires approval of a land facilities in various Zoning Code use certificate for a large family sections in which residential uses are daycare facility. permitted, and create a new section 3. Child care facility permitted in the (Sec.41-192.6)allowing small and Professional(P), Community large family daycare in residential Commercial(C1), Community districts Commercial—Museum District(Cl- 3. Delete references to child care MD),Arterial Commercial(C5), facilities in various commercial and Light Industrial (M1), and South industrial zoning district sections and Main Street Commercial District(C- replace with new term"Daycare SM). center." Regional Planned Regional institutions such as hospitals Add definition for"regional institution," Sign Programs and institutions of higher learning do such as hospitals and institutions of not benefit from the sign regulation I higher learning,to afford such uses the Case 8:23-cv-00504 Document .1-3 Piled 03/20/23 Page 5 of 76 Page 1D #:71 ZOA No. 2022-03: Zoning Code Amendments and Updates January 17, 2023 Page 3 flexibility afforded by the,Zoning Code's same benefits as regional commercial regulations on regional planned sign centers, automobile dealerships, and programs(Sec.41-885). attractions forthe purposes of flexible on-premises si na e. Massage The SAMC currently allows massage 1. Revise the uses subject to a Establishments establishments in commercial zoning conditional use permit sections of the districts and plan areas where service Community Commercial (Cl), uses are permitted by right. Community Commercial--,Museum District(CI-MD), General Commercial(C2), Planned Shopping Center(C4),Arterial Commercial (C5), and South Main Street Commercial District(C-SM)to require a conditional use permit for massage establishments. 2. Revise massage ordinance(Sec.41- 1752)to require conditional use for massage establishments. 3. Revise massage ordinance definitions (Sec.41-1751)to create distinct definitions for chair massage and ancillary massage establishment, allowing them to be regulated separately from massage establishments. Medical Offices in The Professional(P)zoning district Revise the uses permitted subject to a the Professional permits medical and dental offices by conditional use permit section of the Zoning District right. However,the zoning district does Professional(P)zoning district to require not currently permit medical uses a conditional use permit for medical operated by government, government- offices operated by government, subsidized, not-for-profit, or government-subsidized, not-for-profit,or philanthropic entities, hilanthro is entities. Retail Use in Industrial zoning districts currently Update the uses permitted section in the Industrial Zoning allow retail uses occupying up to five Light Industrial(M1)district to allow retail Districts percent of a tenant space as an uses by right on properties that front ancillary use Sec.41-472.1 . arterial streets Sec.41472). Change of Use The SAMC(Sec.41-1309.1)permits Update the Zoning Code to extend Parking Exceptions change of use in tenant spaces under change of use parking exception to two thousand five hundred (2,500) industrial properties along arterial streets square feet without requiring additional when converted to retail if retail parking and loading spaces, component is equal to or less than 50 percent the gross square footage of the tenants ace Sec.41-1309.1 . Trash Bin The SAMC(Sec.41-623) provides Update the trash enclosure standards to Enclosures trash bin enclosure standards. align with CalGreen and SB 1383 However, standards have not been requirements and provide use and updated in some time and no longer maintenance standards(Sec.41-623). align with changes to state law related to waste collection. Urban Lot Splits and The City adopted its Urban Lot Split Provide clarity on the number of units Two-Unit and Two-Unit Development standards and affordability level required for each Developments (SB (Sec.41-2106 at seq.) in December of type of project/product. Require all net 9) 2021 in response to California Senate new units created through provision of Bill 9,the California Housing the ordinance be affordable: rental Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 6 of '76 Page ID #:72 ZOA No. 2022-03: Zoning Code Amendments and Updates January 17, 2023 Page 4 Opportunity and More Efficiency products shall be affordable to very low (HOME)Act. The intent was to require or low income households;for-sale all new units created through the products shall be affordable to moderate ordinance be made affordable. income households (Sec.41-2109 and However, the adopted ordinance lacks Sec.41-2115). clarity on the total number of affordable units required and the affordability levels. Noxious Uses The SAMC.regulates industrial and 1. Create new"noxious uses"section to noxious land uses through permitting require approval of a conditional use them in industrial zoning districts. permit for industrial type uses located However, the SAMC does not provide within 500 feet of a sensitive land use additional regulation for uses that have that requires a permit to discharge air a regional, state, or federal permit to contaminants or process or store emit or store or process hazardous regulated chemicals or substances waste that are in close proximity to (Sec.41-199.4). sensitive land uses. 2. Update the Non-Conforming section of the Zoning Code to require a conditional use permit for noxious uses whenever an existing non- conforming business changes ownership and requires a new certificate of occupancy.Additionally, require businesses with these types of permits to remain in compliance with applicable laws or lose their non- conforming status (Sec.41-683 and Sec.41-683.6). Counseling Services The SAMC does not currently define Create"counseling services"definition in -Definition counseling services. Division 2(Definitions),Article I of the Zoning Code Sec.41-44.6 . Medical Office- The SAMC does not currently define 1. Create"medical office"definition in Definition medical office. Division 2 (Definitions),Article I of the Zoning Code(Sec.41-121). 2. Update the permitted uses sections of the Professional(P), Community Commercial(C1), Community Commercial—Museum District(Cl- MD),Arterial Commercial (C5), and South Main Street Commercial District(C-SM)to consistently use "medical office." Professional, The SAMC does not currently define 1. Create"professional, business, and Business, and professional, business, and administrative office"definition in Administrative Office administrative office. Division 2(Definitions),Article i of the -Definition Zoning Code(Sec.41-127.5) 2. Update the permitted uses sections of the Professional (P),Community Commercial(C1), Community Commercial�—Museum District(Cl- MD),Arterial Commercial(C5), and South Main Street Commercial __ District C-SM to consistent) use Case 8:23-cv-00504 Document 1.-3 Filed 03/20/23 Page 7 of 76 Page ID #:73 ZOA No. 2022-03: Zoning Code Amendments and Updates January 17, 2023 Page 5 "professional, business, and administrative office." Electric Fences The SAMC is currently silent on electric 1. Create"electric fence"definition in fences.The SAMC neither defines nor Division 2(Definitions),Article l of the regulates electric fences,which have zoning Code(Sec.41-54.5) become more widely used as a means 2. Add new section to regulate zones to secure property from theft and/or and properties where electric fences vandalism. are permitted (M1 and M2,where abutting a rail right-of-way)subject to a minor exception Sec. 41-610.5 . Light Processing The SAMC (Sec. 41-472 and Sec.41- Amend Section 41-1251 to explicitly list Facilities 472.5) requires a conditional use and require a conditional use permit for permit for light processing facilities in light processing facilities, consistent the Light Industrial(M-1)zoning with Section 41-472 and Section 41- district. Section 41-1251 (Permits 472.5. required) in Article XIV. --Recycling Facilities does not explicitly state that a conditional use permit is required for a light processing facility. Landscaping— The SAMC (Sec.41-100 and Sec.41- Amend Section 41-100 and Section 41- Synthetic Turf 609) currently requires landscape 609 to permit use of synthetic turf for areas be maintained with live plant projects that are not subject to the material and other decorative Water Efficiency Landscape Standards, elements. The code is silent on provided they comply with landscape allowance of synthetic turf for projects guidelines and permitting requirements where the Water Efficiency established by the Director of the Landscape Standards do not apply. Planning and Building A enc . Family Daycare Facilities Under the California Child Day Care Facilities Act, the State Department of Social Services licenses and regulates family daycare homes. In Santa Ana, a small family daycare home, which may provide care for up to eight children, is considered a residential use of property for purposes of all local ordinances. Large family daycare homes, which provide care for up to 14 children, require approval of a permit. Senate Bill (SB) 234, effective January 1, 2020, now requires a large family daycare facility to be treated as a residential use of property for purposes of all local ordinances. SB 234 also prevents local jurisdictions from requiring any form of a permit, license, tax, fee, or other clearance to operate a large day care facility on a residential property. Family daycare facilities must be allowed on any property where a residential use is allowed, including single-family residences, duplexes and triplexes, townhomes, and multiple-family dwellings (apartments), according to Section 1596.78 of the Health and Safety Code. The text of various zoning district regulations in the Zoning Code currently require approval of a land use certificate (LUC) application and accompanying fee to operate a large family daycare facility. In addition, SAMC Section 41-42.5 contains a definition for"Child Care Facilities."The proposed ordinance would delete references to child care facilities in various Zoning Code sections where residential uses are permitted, and would create a new Section 41-192.6 allowing small and large family daycare as an accessory use to Case 8:23-cv-00504 Document 1.-3 Filed 03I20/23 Page 8 of 76 Page ID#:74 ZOA No. 2022-03: Zoning Code Amendments and Updates January 17, 2023 Page 6 residential uses. The proposed ordinance would also create new definitions for"Family Daycare Facilities" and "Daycare Centers," and replace any reference to "Child Care Facilities" in the permitted uses sections in the commercial and industrial zoning districts with "Daycare Centers." The changes would update the Zoning Code to be consistent with state law. Regional Planned Sign Programs The Zoning Code currently affords regional commercial centers, automobile dealerships, and attractions flexibility with their on-premises signage without the need for approval of a variance application. Instead, SAMC Sec. 41-885 provides for approval of a regional planned sign program (RSPG) by the Planning Commission; the RSPG contains all location, design, and installation specifications for signage within the scope of a regional commercial centers, automobile dealerships, or attractions. Examples of such regional facilities in Santa Ana with approved RSPGs include MainPlace, Discovery Cube Orange County, McFadden Place, Hutton Centre, and Tom's Truck Center. These regional facilities are approved for a combination of wall signs, banners, monument (freestanding) signs, mimetic signs, and digital signs for on-premises advertising. Staff is proposing to amend SAMC Section 41-885 to define and allow a "regional institution" to submit an application for an RSPG for staff review and subsequent approval by the Planning Commission. This amendment is a proactive response to the effects of the global Covid-19 pandemic, during which many hospitals and institutions of higher learning began installing community-oriented signage to recognize the contributions of educational and hospital staff during a critical time. As with any other regional facility as defined by SAMC Section 41-885, these types of facilities would seek Planning Commission approval of an RSPG before installing such signage, along with any other permanent advertising signage they may contemplate in the RSPG package. Massage Establishments On March 16, 2009, the City adopted Ordinance Amendment No. 2008-02 and Zoning Ordinance Amendment No. 2008-01 to amend Chapter 22 (Massage Establishments) and Chapter 41 (Zoning) of the SAMC to regulate massage establishments and massage technicians in response to concerns relating to the impacts of massage establishments and the potential establishment of new locations in the city. Past amendments to Chapter 41 included requirements for a CUP for massage establishments, an LUC for ancillary massage uses, implemented separation criteria similar to adult entertainment uses, and created operational standards specific to the massage use. Subsequently, in September of 2009, California Senate Bill 731 (SB 731) became effective, which restricted local governments' ability to regulate massage establishments and massage technicians. The passage of SB 731 exempted massage technicians that possessed a massage technician certificate issued by the California Massage Therapy Council (CAMTC), a nonprofit public benefit corporation, from regulations and permit requirements that were previously adopted by the City. The new law required that Case 8:23-cv-00504 Document 1.-3 Filed 03/20/23 Page 9 of 76 Page ID #:75 ZOA No. 2022-03: Zoning Code Amendments and Updates January 17, 2023 Page 7 massage establishments and other professional service uses be regulated in a uniform manner, prohibiting local governments from requiring restrooms, showers, or other facilities not required of other professional services. The changes to state law preempted City regulations and made several provisions of the Code inconsistent with state law and resulted in the City being unable to enforce the massage ordinance, and establishments and technicians were able to operate within the City without obtaining a CUP, LUC, or massage establishment permit. The passage of SB 731 had unintended consequences that resulted in the proliferation of massage establishments that engaged in unlawful activity that local governments had to deal with. On January 1, 2015, California Assembly Bill (AB) 1147 (AB 1147) became effective, amending several sections of the Business and Professions Code and of the Government Code relating to massage establishments. By adopting AB 1147, the State Legislature returned broad control over land use in regulating massage establishments to local governments, provided only reasonable and necessary fees and regulations were enacted. Subsequently, the City adopted Ordinance No. NS-2903, which made changes to Chapter 22 and Chapter 41 of the SAMC, establishing a by-right massage establishment permitting program. The program allowed the establishment and operation of massage establishments with approval of a Certificate of Occupancy issued by the Planning and Building Agency and an annual massage establishment permit issued by the Police Department, provided operating and permit requirements were met. Despite the existing requirements and development standards in place, massage establishments have proven to present opportunities for acts of prostitution, human trafficking, and the use and sale of illegal drugs, resulting in increased enforcement actions. Staff proposes to amend Chapter 41 of the SAMC to require a CUP for massage establishments, which would allow the City to more closely regulate this use and adopt conditions of approval to avoid or mitigate any impacts this use may have on the surrounding properties. The amendments distinguish ancillary massage establishments (i.e., commonly part of a spa in a hotel, athletic club, or gym), chair massage (i.e., massage business providing seated massages in an open area), from a massage establishment business, Ancillary massage establishments and chair massage businesses would not require a CUP. The proposed amendments will reduce the burdens on the City's enforcement agencies and permit the deployment of services to other matters. Retail Uses in Industrial Zoning Districts The global Covid-19 pandemic has resulted in impacts to local communities and businesses alike. It has also resulted in novel business concepts and the manner and types of spaces in which they operate to change. The Chapter 41 of the SAMC currently permits retail uses in the Light Industrial (Ml) zoning district and Heavy Industrial (102) zoning districts when they are ancillary to a primary industrial use and occupy no more than five percent of the gross square footage of the tenant space. To respond to changing business practices and needs, and to allow additional flexibility to allow Case 8:23-ev-00504 Document 1-3 Filed 03/20/23 Page 10 of 76 Page ID #:76 ZOA No. 2022-03: Zoning Code Amendments and Updates January 17, 2023 Page 8 business to thrive, staff is proposing to amend Section 41-472 of the SAMC to permit retail uses in the M1 zoning district on properties that front an arterial street. Change of Use Parking Exceptions In September of 2017, the City approved Ordinance No. NS-2923 amending Chapter 41 of the SAMC to permit a change of use exception to allow the change of certain uses within an existing building up to 2,500 square feet in size without the need to provide additional parking and loading spaces. For example, a tenant space may change from retail (five (5) parking spaces per 1,000 gross square feet) to a restaurant use (eight (8) spaces per 1,000 gross square feet) without providing additional parking. The adopted ordinance allowed more flexibility and facilitated the re-tenanting of commercial, professional, and industrial centers by removing barriers to permit the change in use. Staff is proposing amending Section 41-1309.1 of the SAMC to extend that flexibility and facilitate the change of use in existing industrial centers that front arterial streets from industrial uses to retail when the retail component is equal to or less than 50 percent of the gross square footage of the tenant space. Changes in use that exceed the proposed threshold would be required to provide the minimum off-street parking required by Chapter 41 of the SAMC. Trash Enclosures In response to SS 1383, also known as the Short-lived Climate Pollutant Reduction Act of 2016, and other changes to state law related to recycling and waste collection, the City updated Article II (Solid Waste Collection Regulations) of Chapter 16 (Garbage, Trash, and Weeds) of the SAMC April of 2022. Staff is proposing amending Section 41- 623 of the SAMC to update the trash bin enclosure and maintenance standards to reflect and be consistent with the new regulations in Chapter 16. Urban Lot Splits and Two-Unit Developments (SB 9) The City adopted its Urban Lot Split and Two-Unit Development standards (Sec. 41-2105 et seq.) December of 2021 in response to SB 9, also known as the California Housing Opportunity and More Efficiency (HOME) Act. The intent of the ordinance was to require all new units created through its provisions be deed restricted as affordable. Currently, Chapter 41 of the SAMC requires at least one unit created under the ordinance be deed restricted as affordable. The existing code does not explicitly state the required affordability level of the unit. Additionally, existing code lacks clarity on the total number of affordable units that are required when an urban lot split is proposed. Staff is proposing amending Section 41-2105 to clarify that any net new units created through the provisions of Division 2 or Division 3 of Article XX be made affordable at the following levels: rental products shall be made affordable to very low or low income households; for-sale products shall be made affordable to moderate income households. Lastly, staff is proposing to correct a typographical error related to front yard setbacks. The existing code states that at least a twenty-five (25) foot setback is required, when it should have read twenty (20), consistent with the Single Family (R1) zoning district standards. Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 11 of 76 Page ID #:77 ZOA No. 2022-03: Zoning Code Amendments and Updates January 17, 2023 Page 9 Noxious Uses In response to community concerns related to environmental pollution and the proximity of certain industrial uses in relation to homes, schools, and parks, the City adopted numerous environmental justice policies and actions in its General Plan to amend use regulations and development standards in the Zoning Code. A majority of the actions in the General Plan related to use, buffers, and development standards will be analyzed and addressed through the comprehensive Zoning Code Update. However, staff will continue to analyze and propose amendments concurrent with the work taking place to comprehensively update the Zoning Code in an effort to immediately address pressing matters. To that end, staff is proposing to create a new Section 41-199.4 (Noxious uses) to require a CUP for industrial uses that require a permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances from a regional, state, or federal agency when located within 500 feet of a public park, school, or a property used or zoned for residential purposes. Additionally, staff proposes to create a new Section 41-683.6 (Discontinuance of nonconforming noxious use) to require these types of businesses that do not have a CUP and are nonconforming to comply with development standards and CUP requirements when a business changes ownership, requires a new Certificate of Occupancy, or is in violation of any applicable federal, state, or local regulation for a period of sixty (60) consecutive days, receives three noncompliant notices, or is in violation for a total of ninety (90) days in a one year period. As previously indicated, staff is reviewing the 500-foot separation from public parks, schools, or properties zoned or used for residential purposes as directed by the Council during the adoption of the urgency ordinance and will return at a future meeting with a recommendation regarding any further changes. Professional, Business, and Administrative Office; Counseling Services; Medical Offices Chapter 41 of the SAMC currently does not provide a definition for "professional, business, and administrative office," and zoning districts where the use is permitted utilize inconsistent terminology. Staff is proposing to create a new Section 41-127.5 to define "professional, business, and administrative office" and to amend the uses permitted sections of various zoning districts where the use is permitted to utilize consistent terminology and provide clarity. Chapter 41 of the SAMC currently permits "counseling services" in the General Commercial (C2) zoning district subject to a CUP, but Chapter 41 does not provide a definition for the use. As such, businesses offering counseling services have attempted to operate in zoning districts where the use is not permitted under the impression that the use could be classified as a "professional, business, and administrative office" or a "medical office." To provide clarity to prospective businesses, staff is proposing to create a new Section 41-44.6 to define "counseling services," Chapter 41 of the SAMC currently does not provide a definition for "medical office," and zoning districts where the use is permitted utilize inconsistent terminology. The lack of a definition and utilization of inconsistent terminology, staff spends an inordinate amount of time providing members of the public and prospective business operators clarification Case 8:23-cv-00504 Document 1-3 Piled 03/20/23 Page 12 of 76 Page ID #:78 ZOA No. 2022-03: Zoning Code Amendments and Updates January 17, 2023 Page 10 on what business uses are categorized as a medical office and where the use is permitted. Staff is proposing to create a new Section 41-121 to define "medical office" and to amend the uses permitted sections of various zoning districts where the use is permitted to provide consistency in terminology and clarity. The amendments would also address medical offices operated by government, government-subsidized, not-for- profit, or philanthropic entities subject to approval of a CUP. Electrified Security Fences The State of California approved AB 358 August of 2021. The bill authorized property owners that meet specified requirements to install and operate electrified fences on their properly to protect and secure commercial or industrial property where a local agency has adopted an ordinance to permit them. To provide property and business owners another option to protect their property from theft or vandalism, staff is proposing to amend Section 41-610.5 (Walls and fences) of the SAMC to permit electric fences in the Light Industrial (Ml) and Heavy Industrial (M2) zoning districts, respectively, on properties that abut a railroad right-of-way subject to the issuance of a minor exception. Additionally, staff is proposing a number of development standards such as minimum distance from residential properties, screening requirements, and accessibility requirements to ensure community compatibility, aesthetic considerations, and emergency responder access are addressed and maintained. Light Processing Facilities On July 6, 2021, the City Council adopted an Ordinance No. NS-3007 amending sections 41-472 and 41-472.5 of the SAMC to require a CUP for light processing facilities in the Light Industrial (M1) zoning district. While sections 41-472 and 41-472.5 were amended to require a CUP, Section 41-1251 (Permits required) in Article XIV. — Recycling Facilities was not updated to expressly require a CUP for light processing facilities. Staff is proposing to amend Section 41-1251 to explicitly list and require a CUP for light processing facilities, consistent with sections 41-472 and 41-472.5. Landscaping-- Synthetic Turf In response to the extreme drought conditions throughout California, staff is proposing to amend Section 41-100 and Section 41-609 to include synthetic turf as a permissible material and to require compliance with landscape guidelines on file with the Planning and Building Agency. The proposed amendments will allow those properties and projects not subject to the Water Efficient Landscape Standards the ability to install synthetic turf as part of the required landscaping and the flexibility needed to adapt guidelines to address the evolving water crisis. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act ("CEQA") and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to sections 15061(b)(3) and 15061(b)(5) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as Case 8:23-cv-00504 Document 1-3 Piled 03/20/23 Page 13 of 76 Page ID #:79 ZOA No. 2022-03: Zoning Code Amendments and Updates January 17, 2023 Page 11 there is no possibility it will have a significant effect on the environment. As a result Environmental Review No. 2022-73 will be filed upon adoption of this ordinance. FISCAL IMPACT There is no direct fiscal impact associated with the adoption of this ordinance. EXHIBIT(S) 1. Ordinance for ZOA No. 2022-03 2. Copy of Public Notice Submitted By: Minh Thai, Executive Director, Planning and Building Agency Approved By: Kristine Ridge, City Manager Case 8:23-cv-00504 Document-1-3 Filed 03/20/23 Page 14 of 76 Page iD #:80 lfili Dale hlelvi ;i Resident, Santa Ana CA 92706iry� January 17, 2023 Mayor Amezcua and Santa Ana City Council members City of Santa Ana 20 Civic Center Plaza, 8Lh Floor Santa Ana CA 92702 Subject: January 17th Agenda Item 33—Zoning Ordinance Amendment No, 2022-03 Section 1 of the Ordinance lists Section 41-190.5 (Prohibited uses) as being changed. However, no reference is made in the ordinance. This should be made known priorto approval. One of your cleanup items is to conform to state definitions. References used in ordinance vary to describe daycare centers: Adult day care facilities(Ordinance pg. 5 of 54, Exhibit B, pg. 2-3), Daycare centers (standard that I thinkyou want),Child day care center(Exhibit A, pg. 3-3, Exhibit B, pg. 2-3). 1 suggest using a word search and fixing this. Sec. 41-623. -Trash bin enclosures. (b)(1) [and (b)(2)]... shall provide readily accessible recycling areas identified forthe storage and collection of grey container, blue container, and green container or brown container materials, consistent with the three container collection program. Times change and so could colors, i suggest incorporating terminology that is generic:solid waste (grey container), recycling (blue container), organic(green container). You have also listed four colors for a three container collection program. Thank you for your thoughtful consideration. Stay safe, stay healthy. Respectfully, QA.4.t Dale A Helvig Resident, Santa Ana cc: Kristine Ridge Steven Mendoza Fabiola zelaya Melicher, City Manager,Santa Ana Assistant City Manager,Santa Ana Manager, Planning Sonia Carvalho Minh Thai, City Attorney,Santa Ana Executive Director, Planning Page 1 of 1 2023-01-17 Letter to City Council Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 15 of 76 Page ID #:81 ORDINANCE NO, NS-XXX ZONING ORDINANCE AMENDMENT NO. 2022-03 -- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO FAMILY DAYCARE, REGIONAL PLANNED SIGN PROGRAM REGULATIONS, MASSAGE ESTABLISHMENTS, CONDITIONALLY-PERMITTED USES IN THE PROFESSIONAL ZONING DISTRICT, RETAIL USES IN INDUSTRIAL ZONES, TRASH BIN ENCLOSURES, URBAN LOT SPLIT AND TWO-UNIT DEVELOPMENT STANDARDS, NOXIOUS USES, DEFINITIONS FOR VARIOUS USES, ELECTRIC FENCES, SYNTHETIC TURF, AND PERMIT REQUIREMENTS FOR LIGHT PROCESSING FACILITIES THE CITY COUNCIL. OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Various sections within Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) have been revised periodically over the last several years to respond to changes in development and business practices, to adopt new permitting procedures, and to comply with changes to state and federal laws. In a continuing effort to establish high-quality development standards, create a user friendly environment for residents and the business community, and to commence the work of enacting the various policies and actions set forth in the General Plan, the Planning Division is proposing revisions to various sections of the Zoning Code. B. After a thorough analysis of the current code requirements in the city, staff identified a number of code amendments and additions that are necessary to ensure clear, uniform, and legally consistent regulations. The proposed changes and additions will enable the City to implement a regulatory framework that both protects the health, safety, and welfare of the city and limits undue strain on home owners, business operators and developers. C. Zoning Ordinance Amendment No. 2022-03 amends and adds various sections of Chapter 41; including Section 41-42.5 (Child care facilities), Section 41-44.6 (Counseling services), Section 41-47.5 (Daycare center), Section 41-54.5 (Electric fence), Section 41-59 (Family daycare facilities), Section 41-100 (Landscape), Section 41-121 (Medical office), Section 41-127.5 (Professional, business, and administrative office), Section 41-190.5 (Prohibited uses), Section 41-192.6 (Small and large family daycare accessory to residential uses), Section 41-199.4 (Noxious uses), Section 41-232 (Uses permitted in the R1 district), Section 41-247 (Uses Ordinance No.NS-XXX Page 1 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 16 of 76 Page ID #:82 permitted in the R2 district), Section 41-313 (Uses permitted in the P district), Section 41-365 (Uses permitted in the C1 district), Section 41-365.5 (Uses subject to a conditional use permit in the C1 district), Section 41-375.1 (Uses permitted in the C1-MD district), Section 41-375.2 (Uses subject to a conditional use permit in the C1-MD district), Section 41-377.5 (Uses subject to a conditional use permit in the C2 district), Section 41-412.5 (Uses subject to a conditional use permit in the C4 district), Section 41-424 (Uses permitted in the C5 district), Section 41-424.5 (Uses subject to a conditional use permit in the C5 district), Section 41-472 (Uses permitted in the M1 district), Section 41-472.1 (Ancillary uses permitted in the M1 district), Section 41-472.5 (Uses subject to a conditional use permit in the M1 district), Section 41-521 (Uses permitted in the C-SM district), Section 41-522 (Uses subject to a conditional use permit in the C-SM district), Section 41-609 (Landscape), Section 41-610.5 (Wall and fence requirements in the industrial and commercial zones), Section 41-623 (Trash bin enclosures), Section 41-683 (Discontinuance of nonconforming building or use), Section 41-683.6 (Discontinuance of nonconforming noxious use), Section 41-885 (Regional planned sign program), Section 41-1251 (Permits required), Section 41-1309.1 (Change of use, exceptions), Section 41-1751 (Definitions), Section 41-1752 (Permitted zones and locations), Section 41-1753 (Permits and certificates- contents of application), Section 41-1754 (Development and operating standards), Section 41-2109 (Requirements), Section 41-2115 (Requirements), Table 3-2 (Permitted uses) of the Harbor Mixed Use Transit Corridor Specific Plan, definition of "Personal services—restricted", Table 2A (Use Standards) of Section 41-2007 of the Transit Zoning Code, Definition of "Personal Services—restricted" and Section 41-2080 of the Transit Zoning Code, and Table 3 (Permitted Land Uses) of Section 4.1 of the Metro East Mixed-Use Overlay Zone. D. On December 12, 2022, the Planning Commission held a duly-noticed public Dearing and considered the staff report, recommendations by staff, and public testimony concerning Zoning Ordinance Amendment No. 2022-03. E. On January 17, 2023, the City Council held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Zoning Ordinance Amendment No. 2022-03. Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA): Pursuant to CEQA and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to sections 15061(b)(3) and 15061(b)(5) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment. As a result, Environmental Review No. 2022-73 will be filed upon adoption of this ordinance. Section 3. Section 41-42.5 (Child care facilities) of Chapter 41 of the SAMC is hereby amended to read as follows: See. 41 42.5 Child GaFe f' 6. Ordinance No.N5-XXX Page 2 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 17 of 76 Page ID#:83 basis. Section 4. Section 41-44.6 (Counseling services) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41_-44.6. -- Counseling services. A facility personnel provide counseling services in individual or aroup sessions that focus s ecifically on mental development, recovery, rehabilitative vocational assistance o .. _ _ mn_t preparation for the purposes of achieving„ independence, and/or integration n th� a workplace and community. For a practice providing counseling services specializing in substance abuse this includes a facility that provides substance abuse counselinapracticed by a licensed professional, on an,outpatient basis, with or without the dis_ en which is semrat medication onsite. `°Counseling..services" does not include "Medical defined. Section 5. Section 41-47.5 (Daycare center) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-47.5Daycare center. "Daycare center" means a child dayeare facility other than a_family daycare facility, and includes infant centerspreschools, extended daycare facilities and schoolacie child care centers and includes child care centers licensed pursuant to Section 1596.951 of the California Health and Safety Code. Section 6. Section 41-54.5 (Electric fence) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-54.5. - Electric fence. "Electric Fence" and "Electrified Fence" shall mean anv fence owered bv an electrical energizer with characteristics outlined and defined in California Civil Code Section 835 used to protect and secure industrial property. Section 7. Section 41-59 (Family daycare facilities) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-59. - Reserved. Familv da care facilities. "Family daycare facility" means a facility„that regularly provides care, protection, and supervision for 14 or fewer children in theprovider's own home for Pgriods of less than 24_hours per day, while the parents or guardians are away. For the purposes of this Chapter, there are Small Family Daycare facilities and Large Family Daycare facilities. Small Family Daycare facilities provide care to no more than 8 children. Large Family Daycare facilities provide care to no more than 14 children. Ordinance No.NS-XXX Page 3 of 54 Case 8:23-ev-00504 Document 1-3 Filed 03/20/23 Page 18 of 76 Page ID #:84 Section 8. Section 41-100 (Landscape) of Chapter 41 of the SAMC is hereby amended to read as follows: See. 41-100. Landscape. Landscape is any yard or other open space which is purposely designed to create an aesthetic environment composed of plant materials, synthetic turf, and/or other decorative elements such as fountains, ponds, sculptures, walls, fences, and planters. Section 9. Section 41-121 (Reserved) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-121. - Medical office Reserved. A_medical office is_a facility providing consultation diagnosis, therapeutic, preventive, surgical, or corrective personal treatment services by doctors or dentists, and their s - � r 9 i medical doctors and u�port staff,_ to su ort the healing of humans, wherein such dentists are licensed. These facilities can be at health centers individual doctor or dentist offices, and exclude practices providing_counseling services specializing in substance abuse, homeless support services, and medical research_laboratories. Section 10. Section 41-127.5 (Professional, business, and administrative office) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-127.5, - Professional business and administrative office. AA professional, business, or administrative office is„an establishment providing_direct, "over-the-counter" services or business_services to consumers or clients (e.g., insurance agencies_ real estate offices, travel agencies, utility company offices, etc.) and office-type facilities occupied by businesses providing professional services and/or engaged in the production of intellectual ro ert . Section 11. Section 41-192.6 (Small and large family daycare accessory to residential uses) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-192.6. - Small and large family daycare accessory to residential uses. Safety Code Section Small large family 30 #dhrou hacilEties as defined and rec�u„laced by Health and 597.622 as modified from time to time shall be permitted as an accessory use at any residential property, dwelling, or dwelling unit in the city where residential land uses are ep rmitted in anv zoning district, specific development zone specific plan area or overlay zoning district. Section 12. Section 41-199.4 (Noxious uses) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-199.4. - Noxious uses. Ordinance No.NS-XXX Page 4 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 page 19 of 76 Page lD #:85 ,(a Any other than eating establishments listed in Section 41-472 or 41-472.5 of this Chapter, regardless of the zonin district it is established or ro osed to be established in that requires a permit from a regional, state or federal agency agengy to handle, store, emit or discharge regulated compounds, materials. chemicals, or substances that is located within 500 linear feet of a public Dark, school K-12 as defined bySection 11362.768 of the Health and Safety Code, or property used or zoned for residential purposes requires a conditional use permit. Lb The 500 linear foot distance shall be measured from the outermost bounds of the subject property to the closest point of any public park, school, or„property used or zoned for residential purposes. De The property_owner or business operator.of a business regulated by subsection (a) shall be responsible for notifying.the City of any„reguirement to obtain a permit regional,from a e mad prior toobta n n state. p permit from an a ional. state, or federal a encb for the e business activities listed in subsection (a). jdj A business regulated by this section shall be in compliance with all provisions established by this Code and all applicable federal,,state, or local regulations and conditions.established by„regulating and permitting agencies Section 13. Section 41-232 (Uses permitted in the R1 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-232. - Uses permitted in the R1 district. The following uses are permitted in the R1 district: (a) One (1) one-family dwelling with six (6) or fewer bedrooms. (b) Private greenhouses and horticultural collections for domestic noncommercial use, flower and vegetable gardens, fruit trees and any agricultural crop. (c) One (1) temporary real estate office devoted to the sale of real estate in the tract in which it is located, which use shall be for a period of time not to exceed one (1) yea r. (d) Accessory buildings and structures, except as otherwise provided in section 41- 232.5. (e) Ghild eare fn .' 'tee n GGVk1iA-g-na re tonet me Fe than f. uFt von /'I/I\ nh Old Pen, nrevirl.-..J i a land must be first Reserved. (f) Adult day care facilities providing care to not more than six (6) adults. Section 14. Section 41-247 (Uses permitted in the R-2 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Ordinance No.NS-XXX Page 5 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 20 of 76 Page 1D #:86 Sec. 41-247. - Uses permitted t-e in the R-2 district. The following uses are permitted in the R-2 district: (a) One-family dwellings. (b) Two-family dwellings. (c) Townhouses, (d) Private greenhouses and horticultural collections for domestic noncommercial use, flower and vegetable gardens, fruit trees and any agricultural crop. (e) One (1) temporary real estate office devoted to the sale of real estate in the tract in which it is located, which shall be used for a period of time not to exceed one (1) year. (f) Accessory structures. {g) that if the numbeF of-e-hildren e)(Geeds eight (8), a land-uGe r_-ertiftate must be first. "+ ti Reserved. (h) Adult day care facilities providing care to not more than six (6) adults. Section 15. Section 41-313 (Uses permitted in P district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-313. - Uses permitted in P district. The following uses are permitted in the P district: (a) Professional, business,.and administrative offices where no merchandise is sold. (b) Banks, savings and loan offices, credit unions, and mortgage and finance companies. (c) Travel agencies. (d) Medical and deft a offices. (e) Art galleries, art and photography studios. (f) Museums and science centers. (g) Print and copy services. Ordinance No.NS-XXX Page 6 of 54 Case 8:23-cv-00504 Document .1-3 Filed 03/20/23 Page 21. of 76 Page ID #:87 (h) Pharmacies, limited to the dispensing of goods and merchandise related to health care only, and excluding drive-through facilities. (i) Child Gare faGilitie. Daycare centers. {j) Non-freestanding commercial and service uses which do not exceed ten (10) per cent of the floor space of the building in which they are located and which are supportive of, compatible with, and integrated into the professional and business uses on the same property, excluding drive-through facilities, and commercial uses which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (k) Freestanding restaurants, cafes, and eating establishments, excluding drive- through facilities and excluding any eating establishment specified in section 41- 313.5. Section 16. Section 41-313.5 (Uses subject to a conditional use permit in the P district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-313.5. Uses subject to a conditional use permit in the P district. The following may be permitted in the P district, subject to the issuance of a conditional use permit: a. Convalescent hospitals, nursing homes, rest homes and extended care facilities. b. Hospitals. c. Trade and professional schools. d. Health clubs and gymnasiums. e. Recreational or entertainment uses if carried on in conjunction with any of the uses specified in clauses (e), (f) and (k) of section 41-313. f. Ambulance and emergency medical response services. g. Non-freestanding commercial and service uses which are open at any time between the hours of 12:00 midnight and 5:00 a.m., provided that such uses also meet the standards for commercial and service uses permitted under section 41-313, and further provided that such uses have less than twenty thousand (20,000) square feet of floor area. h. Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. i. Banquet facilities, subject to development and operational standards set forth in section 41-199.1. j. Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. k. Adult day care facilities. I. Clubs, fraternities and lodges. Ordinance No,NS-XXX Page 7 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 22 of 76 Page ID #:88 m. Bail bond uses, subject to development and operation standards set forth in section 41-323. n. Churches and accessory church buildings. o. Parking lots and parking structures subject to compliance with the requirements of Section 41-324. p_ Medical offices operated by government govern not-for-profit. or philanthropic entities. Section 17. Section 41-365 (Uses permitted in the C1 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-365. - Uses permitted in the C1 district. The following uses are permitted in the C1 district: (a) Retail and service uses. (b) Professional, business, and administrative and busines oft ces. (c) Automobile parking lots and parking structures. (d) Automobile sales, but excluding truck, trailer, tractor and boat sales. (e) Churches and accessory church buildings. (f) Mortuaries. (g) Theaters. (h) Hospitals, clinics, and sanitariums. (i) Animal hospitals and veterinaries. 0) Plant nurseries. (k) Gymnasiums. (1) Golf courses, both regulation and miniature, and driving ranges. (m) Public utility structures, including electric distribution and transmission substations. (n) Restaurants, cafes, and eating establishments, other than those specified in Section 41-365.5. (o) Schools and studios operated for commercial or public purposes. Ordinance pia.NS-XXX Page 8 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 23 of 76 Page ID #:89 (p) rhildGare faciht Daycare centers. (q) Service stations. (r) Automobile servicing. (s) Tattoo and/or body art establishments, subject to the development and operational standards set forth in Section 41-199.3. LtJ Medical offices. Section 18. Section 41-365.5 (Uses subject to a conditional use permit in the C1 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-365.5. - Uses subject to a conditional use permit in the C1 district. The following uses may be permitted in the C1 district subject to the issuance of a conditional use permit: a. Clubs. b. Outdoor and indoor recreational or entertainment uses other than those set forth in section 41-365. c. Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. d. Thrift shops, purchase and loan, pawn shops. e. Eating establishments with drive-through window service. f. Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. g. Laundromats, subject to the development and performance standards set forth in section 41-199. h. Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. i. Check cashing facilities, as defined by section 41-42.7. j. Banquet facilities, subject to development and operational standards set forth in section 41-1991, k. Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. I. Adult day care facilities. Ordinance No.NS-XXX Page 9 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 2.4 of 76 Page ID #:90 m. Superstores. n. Tattoo and/or body art establishments open at any time between the hours of 12:00 a.m. and 7:00 a.m., subject to the development and operational standards set forth in section 41-199.3. o. Massage establishments, subject to development and operational standards set forth in Article KVII.I of this Chapter. Section 19. Section 41-375.1 (Uses permitted in the C1-MD district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-375.1. - Uses permitted in the C1-MD district. The following uses are permitted in the CI-MD district: (a) Retail and service uses, other than those specified in section 41-375.2. (b) Professional, business, and administrative and business, offices where no merchandise is sold. (c) Medical and dental-offices, (d) Theaters and cinemas. (e) Gymnasiums and health clubs. (f) Travel agencies, with no embarking or disembarking of passengers. (g) Art galleries and art and photography studios. (h) Museums and science centers. (i) Restaurants, cafes, and eating establishments other than those specified in section 41-375.2, excluding eating establishments with drive-thru window service. (j) Child eare faGilities. Daycare centers. Section 20. Section 41-375.2 (Uses subject to a conditional use permit in the C1- MD district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-375.2. - Uses subject to a conditional permit in the CI-MD district. The following uses may be permitted in the C1-MD district subject to the issuance of a conditional use permit: (a) Clubs. Ordinance No.NS-XXX Page 10 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 25 of 76 Page ID #:91 (b) Outdoor and indoor recreational or entertainment uses other than those set forth in section 41-375.1. (c) Hotels. (d) Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. (e) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (f) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (g) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. Massage establishments, subject to development and operational standards set forth in Article XVII.I of this Chapter. Section 21. Section 41-377.5 (Uses subject to a conditional use permit in the C2 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-377.5. - Uses subject to a conditional use permit in the C2 district. The following uses may be permitted in the C2 district subject to the issuance of a conditional use permit: (a) Any use which may be permitted subject to the issuance of a conditional use permit in the C1 district pursuant to section 41-365.5. (b) Open-air car washes. (c) Trailer parks and camps. (d) Thrift shops, food distribution centers, and counselling service establishments operated by nonprofit or government-subsidized organizations or by public agencies. (e) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. (f) Superstores, Massage_establishments subject to development and operational standards set forth in Article XVILI of this Chapter. Ordinance No.Ns-XXX Page 11 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 26 of 76 Page ID #:92 Section 22. Section 41-412.5 (Uses subject to a conditional use permit in the C4 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-412.5. - Uses subject to a conditional use permit in the C4 district. The following uses may be permitted in the C4 district subject to the issuance of a conditional use permit: (a) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. (b) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. (c) Eating establishments with drive-through window service. (d) Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. (e) Laundromats, subject to the development and performance standards set forth in section 41-199. (f) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (g) Check cashing facilities, as defined by section 41-42.7 of this Code. (h) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (i) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. (j) Adult day care facilities. (k) Superstores. Massage establishments subject to development and operational standards set forth in Article XVII.I of this Chapter. Section 23. Section 41-424 (Uses permitted in the C5 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-424. Uses permitted in the C5 district. The following uses are permitted in the C5 district: (a) Professional business and Aadministrative and profess ie aE offices. Ordinance No.NS-XXX Page 12 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 27 of 76 Page ID#:93 (b) Retail and service uses. (c) Automobile parking lots, but excluding the sale or storage of automobiles, trucks, trailers, boats, or tractors, whether new or used. (d) Churches, chapels, mortuaries, and theaters. (e) Government buildings. (fi) Restaurants and cafes, other than those specified in Section 41-424.5. (g) Schools and studios operated for commercial or public purposes. (h) Child care faGilitles Da Cale Centers. (i) The printing, publishing, and circulation of a newspaper, including plant and office. {j) Two-family dwellings not exceeding one (1) unit per three thousand (3,000) square feet of lot area, provided such units front on a secondary or local street. (k) Gymnasiums and health clubs. Medical offices. Section 24. Section 41-424.5 (Uses subject to a conditional use permit in the C5 district) of Chapter of Chapter41 of the SAMC is hereby amended to read as follows: Sec. 41-424.5. - Uses subject to a conditional use permit in the C5 district. The following uses may be permitted in the C5 district subject to the issuance of a conditional use permit: (a) Hotels, motels, lodging houses, care homes, fraternity houses, and sorority houses. (b) Dwelling units when erected above the ground floor of a commercial structure when the ground floor is devoted exclusively to nonresidential uses. (c) Hospitals. (d) Public utility structures, including electric distribution and transmission substations. (e) Eating establishments with drive-through or walk-up window service. (f) Service stations and automobile servicing. Ordinance No.N5-XXX Page 13 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 28 of 76 Page ID #:94 (g) Car wash establishments, provided they are wholly enclosed. (h) Laundries. (i) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. (j) Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. (k) Laundromats, subject to the development and performance standards set forth in section 41-199. (1) Retail markets having less than twenty thousand (20,000)square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (m) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (n) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. (o) Adult day care facilities. (p) Superstores. LM Massage establishments, subject to development and operational standards set forth in Article XVII.1 of this Chapter. Section 25. Section 41-472 (Uses permitted in the M1 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-472. - Uses permitted in the M1 district. The following uses are permitted in the M1 district: (a) The compounding, processing, or treatment of raw or previously treated materials into a finished or semi-finished product, excluding those uses specified in section 41-489.5. (b) The manufacture of products from raw or previously treated materials, excluding those uses specified in section 41-489.5. (c) The assembly of products from raw or previously treated materials, excluding those uses specified in section 41-489.5. (d) The packaging or distribution of previously prepared products or materials, excluding those uses specified in section 41-489.5. Ordinance No.NS-XXX Page 14 of 54 Case 8,23-cv-00504 Document 1-3 Filed 03/20/23 Page 29 of 76 Page ID#:95 (e) Wholesale establishments where the primary trade is business to business sale of products, supplies, and equipment. (f) Storage of previously prepared goods, products or materials for eventual distribution or sales where the goods, products or materials are the property of the owner or operator of the building or structure. (g) Machine shop or other metal working shops. (h) Warehousing. (i) Impound yards (storage only) with no office or dispatching operations. (j) Laundry and dry cleaning establishments in conjunction with plant operation for such establishment on the premises. (k) Eating establishments not specified in section 41-472.5. (1) Research laboratories that do not generate hazardous waste materials. (m) Service stations with no more than two thousand (2,000) square feet of the gross floor area devoted to non-automotive related product sales. (n) Truck, boat and heavy equipment sales, rental, and service. (o) Movie, photography, musical or video production studios. (p) Bulk products sales (twenty-five (25) cubic feet or greater) when such products are the primary sales activity. (q) Public utility structures. (r) Blueprinting, photoengraving, screen printing and other reproduction processes. (s) Wholesale nursery and plant storage. (t) Contractor's yard. (u) Automotive repair and service, including body and fender repair, painting, and engine replacement. (v) Home improvement warehouse store. (w) Sales of industrial products, supplies and equipment used for final product manufacture. (x) Lumberyard, including mill and sash work if conducted entirely within an enclosed building. Ordinance No.NS-XXX Page 15 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 30 of 76 Page ID #:96 (y) Recycling facilities not in excess of forty-five thousand (45,000) gross square feet and in compliance with section 41-1253 of this Code including: (1) Small collection facilities. (2) Large collection facilities. (z) Adult entertainment businesses, subject to compliance with the requirements of article XVII of this chapter. (aa) Storage and distribution of hazardous materials. (bb) Passenger transportation services. LccJ Retail circulation uses element. properties that front an arterial street, as defined in the Section 26. Section 41-472.1 (Ancillary uses permitted in the M1 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-472.1 -Ancillary uses permitted in the M1 district. The following uses are permitted when ancillary to any use permitted by section 41- 472 or to any use permitted subject to a conditional use permit: (1) Administrative office use occupying up to thirty (30) per cent of the gross floor area; (2) Product sales or service uses occupying up to five (5) per cent of the gross floor area; (3) GMd-Ear-e facilities occupying up to thirty (30) per cent of the gross floor area; provided, however, that no combination of uses permitted by this section shall exceed thirty (30) per cent of the gross floor area. (4) The outside storage of Class I and Class II liquids (as defined in the fire code of the City of Santa Ana) in above-ground fixed storage tanks when properly screened pursuant to section 41-622 of the Code, as it may be amended from time to time. As used herein, "tank" means a vessel containing more than sixty (60) gallons. (5) Enclosed storage where the goods, materials or supplies stored are the property of the owner or operator of the building or structure occupying up to thirty (30) per cent. Section 27. Section 41-472.5 (Uses subject to a conditional use permit in the M1 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Ordinance No.NS,XXX 'ago 16 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 31 of 76 Page iD #:97 Sec. 41-472.5. - Uses subject to a conditional use permit in the M1 district. The following uses may be permitted in the M1 district subject to the issuance of a conditional use permit: (a) Principal industrial uses if occupying less than seventy (70) per cent of the gross floor area with the remainder of the floor area allocated to office use only, e, xcept as permitted in Section 41-472 (cc). (b) Storage of new or used buildings or houses. (c) rh,w ^.ire faG*Imtje& a care centers other than as permitted by section 41-472.1. (d) Trade schools which provide instruction which requires the operation of heavy equipment or machinery normally associated with manufacturing operations such as woodworking or machine shops. (e) Kennels for the temporary care and lodging of dogs and other domesticated household animals. (f) Eating establishments permitted in section 41-472 which operate between 12:00 and 5:00 a.m. and which are within one hundred fifty (150) feet of a residential use. (g) Eating establishments with drive-through window service. (h) Petroleum and gas storage. (i) Freight, bus and truck terminal. 0) Industrial medical clinics which offer medical services by referral only and do not offer overnight stays. (k) Administrative office use ancillary to a permitted industrial use occupying more than thirty (30) per cent of the gross floor area. (1) Light processing facilities and heavy processing facilities. (m) Car wash facility. (n) Banquet facilities as an ancillary use to a restaurant or eating establishment, subject to development and operational standards set forth in section 41-199.1. (o) Commercial storage not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway or within one thousand (1,000) feet of a freeway intersection. (p) Mini-warehouse uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is Ordinance No.N5-XXX Page 17 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 32 of 76 Page iD #:98 not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (q) Recreational vehicle, vehicle and/or boat storage yard; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (r) Data center uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection, (s) Indoor sport facility, subject to development and operational standards set forth in section 41-482. Section 28. Section 41-521 (Uses permitted in the C-SM district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-521. - Uses permitted in the C-SM district. The following uses are permitted in the C-SM district: (a) Retail and service uses. (b) Professional, business, and administrative, and businanr offices (c) Public parking lots and parking structures. (d) Animal hospitals and veterinarians. (e) Gymnasiums, health clubs, and martial arts studios. (f) Public utility structures, including electric distribution and transmission substations. (g) Restaurants, cafes, coffeehouses, and eating establishments, other than those provided in section 41-522, excluding the establishment of drive through service facilities. (h) Schools and studios operated for commercial or public purposes. (i) Child care faGilities. Day-care centers. Q} Art galleries, museums and exhibit halls. Ordinance No.NS-XXX Page 18 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 33 of 76 Page ID #:99 (k) Plant nurseries. (1) Theaters. (m) Furniture stores. (n) Youth amusement rides ancillary to grocery, general merchandise and department retail store uses. fol Medical offices. Section 29, Section 41-522 (Uses subject to a conditional use permit in the C- SM district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-522. - Uses subject to a conditional use permit in the C-SM district. The following uses may be permitted in the C-SM district subject to the issuance of a conditional use permit: a. Clubs, lodges and fraternal organizations. b. Outdoor and indoor recreational or entertainment uses including night clubs, other than those set forth in section 41-521. c. Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. d. Thrift and resale stores, antique shops and collectable stores, excluding pawn shops and auction houses. e. Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. f. Laundromats. g. Ancillary outdoor dining facilities located in the front yard area. h. Banquet facilities, subject to development and operational standards set forth in section 41-199.1. i. Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. j. Automobile repair and automobile servicing. k. Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. Ordinance No.NS-XXX Page 19 of 54 Case 8:23-cv-00504 Document 1.-3 Piled 03/20/23 Page 34 of 76 Page ID #:1.00 1. Churches and accessory church buildings. m. Massage establishments, subject to development and operational standards set forth in Article_XVII.I of this Chapter. Section 30, Section 41-609 (Landscape) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-609. - Landscape. Where a landscape, as defined in section 41-100, is required by the provisions of this chapter, said landscape shall comply with the landscape guidelines and ermittin guirements established by the Director of„the Planning and Building Agency,which may be amended from time to time and be continuously maintained by proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants and decorative materials when necessary, and the regular watering of plants. Section 31. Section 41-610.5 (Wall and fence requirements in the industrial and commercial zones) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-610.5. -Wall and fence requirements in the industrial and commercial zones. (a) In the industrial and commercial zones,walls and fences shall not exceed ten (10) feet in height, and shall not exceed four (4) feet in height where the wall or fence extends into the required front yard or any required landscaped area. (b) On any lot in a C1, C2, C4, or C5 district, a concrete block wall not less than five (5) feet in height shall be erected along any property line contiguous to any residentially zoned property, except that such wall shall not exceed the height limitations prescribed in subsection (a) of this section. This requirement may be waived by the planning commission upon a finding that the abutting property is in a period of transition to nonresidential use, or that, due to special circumstances, the wall would not promote the public health, safety, or welfare. (c) Barbed wire is not permitted as part of a wall or fence except as follows: (1) In the M1, M2 and LM districts: barbed wire is permitted subject only to the restrictions set forth hereinafter. (2) In the C1, C2, C4 and CM districts: barbed wire is permitted only in a rear year or side yard which is not viewable from a public street and is subject to the restrictions set forth hereinafter. (3) Barbed wire may not be used above the height limitations set forth in subsection (a) of this section. (4) Barbed wire may not be used as part of any wall or fence which is adjacent to property used for residential purposes or to property which is used as a school, church, park, or youth center. Ordinance No.N5-XXX Page 20 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 35 of 76 Page ID #:101 Electric fences shall only be permitted in the M1 and M2 districts subject to the issuance of a minor exception pursuant to Article V of this Chapter and shall meet the-requirements set forth in California Civil Code Section 835 and below: Electric fences shall only be permitted on properties abutting a railroad right- of-way, Electric fences shall be located at least one hundred and fifty (150) linear feet from a property used for residential or public park use, or any property zoned for such a use, or schools (K-12) as defined by Section 11362.768 of the Health and Safety Code. LI Electric fences are only permitted in a rear or side yard which is not viewable from a public street. No electric fence„shall be permitted, installed, or used Unless it is completely surrounded and screened by a nonelectric wall that is at least six (6] feet in height. In no case shall the electric.fence encroach into any_reauired setback area. J, Electric fences may exceed the height of the surrounding nonelectric wall b up to 18 inches. LI 6. portion of the electric fence extending beyond the height of the surrounding nonelectric screen wall shall be angled awayfrom the property line at a 45-degree upward slope. Q Electric fences shall be set back from existing walls and fences in a manner so as to Drevent accumulation of debris and to prevent unsafe conditions from forming in any resulting a from the setback re uired bv this subsection. In no case shall anelectric fence exceed the maximum fence height established in subsection �9I Electric fences shall be installed to be as minimally intrusive as-possible. ,LOINo electric fence shall be energized during advertised business hours. L11IElectric fences shall be identified by prominently placed warning signs that are legible from both sides of the i., fence. At minimum, the warning signs shall meet all of the foliowb criteria: fffi The warning signs are placed at each gate and access point, and at intervals along the fence not exceeding thirty(30) feet The_warning signs are adjacent to any signs relating to chemical, radiological. or biological hazards. Ordinance No.NS-XXX Page 21 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 36 of 76 Page ID #:1D2 LQ The warning signs are marked with written warning or a common) recognized symbol for shock, a written warning ora commonly recognized symbol to warn people with pacemakers, and a written or commonly recognized symbol„about the danger of touching the fence in wet conditions. LL2A(=lectric fences equipped„with monitored alarm systems may require an alarm use permit. kl3lAccessibilitv to emer enc ersonnel and first res onders must be maintained through the use of a knox _box or other access feature as determined by the Orange County Fire Authority and the, Santa Ana Police Department. 14 The applicant and property owner„shall enter into an agreement holding the City of Santa Ana harmless from all legal actions that may arise due to the o�erati n of th elecfirified fence. Th Santa Ana be recorded with the e _ property y . and shall release the City afi .,._ _bih whatsoever. Section 32. Section 41-623 (Trash bin enclosures) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-623. -Trash bin enclosures. (a) An enclosure for the storage of„discarded material containers that are serviced by_ the city's solid_waste collection contractor is required -Owe-(1) tFa la-bon enGleSUM shall be pFevided for each commercial or industrial establishment and for each residential buMiIg-deyalopment consisting of three (3) or more dwelling units; except that for commercial or industrial establishments sharing vehicular access and parking in an integrated development, eee414 a shared trash bin nclosure may be provided for each group of four (4) or less such establishments, provided that any such shared 4ranW„-enclosure shall be maintained as freely accessible to all establishments originally assigned to share in its use. Enclosures shall be adequate in capacity, number, and distribution to serve the uses on-site. ( Persons applying for a permit from the city for. new construction and building additions and alterations shall comply with the requirement that enclosures have ade ua ate space for the city's three-collection container recycling program. Permit applicants for the Prolect types described below must as a condition of the cit 's permit approval, comply with the following enclosure requirements and comply with the enclosure desi n ouidelines pursuant to subsections (c)_and (d?. M New commercial construction or additions resultin in an increase of 30 percent or more of the floor area shall provide readily accessible_recycling areas identified forthe stora a and collection of-grey container, blue container, and preen container or brown container materials, consistent with the three- container collection program offered by the city pursuant to Chapter 16.Article II of this code and shall COMDIY with provision of adequate space for recycling ordinance No.NS-XXX Page 22 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 37 of 76 Page 1D #:103 for commercial premises pursuant to section 5.410.1 of the California Green Building Standards Code 24 CCR Part 11 as amended. Q New multifamily construction with ,more than three (3) units shall provide readily accessible recycling areas identifiers for the storage and collection of grey container, blue _container, and green container or brown container materials, consistent with the three-container collection program offered by the cily pursuant to Chapter 16. Article 11 of this code, and shall comps with ,provision of adequate space for regycling for multifamily premises pursuant to sections 4 410.2 o tithe California Green Building Standards Code, ,24 CCR Part � (cla)AII trash and utility areas shall be screened from public streets and alleys and adjacent properties. Trash and utility areas shall be physically integrated into the project and shall include an off-street loading area of three hundred (300) square feet with no single dimension less than ten (10) feet. (do)The director of GeMMUnity development planningand building, shall issue standards for the construction of trash-bon enclosures required by this section, and maintain such standards on file in the department of planning. All trash bin enclosures required by this section shall be constructed and maintained in accordance with such standards. Lel Ongoing Waste Enclosure Use and Maintenance. At a minimum,_the following best management practices shall be adhered to: JL The enclosure shall only be used for storage of solid waste, recycling, organic waste and used fats, oils, and rg ease, as defined in Section 39-50 of this code. Storage of hazardous waste or any other items inside the enclosure is strictly prohibited. Q All solid waste and used fats, oils,,and grease, as defined in Section 39-50 of this code, shall always be contained within appropriate water-tight, covered containers including„ secondary_containment „A supply of spill response materials designed to absorb leaking fluids and/or cooking oil/grease spills shall be kept near the enclosure. M Locks can be used for enclosures to avoid contamination and illegal dumping. Overfilling solid waste, recycling and/or organics containers is prohibited. Solid waste shall not protrude above the top rim of the container and shall allow for the lid(s)to close fully. Establishments that have more than three (3) instances of overflowing containers within six (6) months mat/ have their service level increased pursuant to Chapter 16. Article 11 of this code M Solid waste enclosures shall be maintained in good working_condition and in the condition that they were approved. Maintenance and cleaning of the solid waste enclosure is the day-to-day responsibility of the occupant or owner of the premises. Ordinance No.NS-XXX Page 23 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 38 of 76 Page ID #:104 Washing out the solid waste enclosure or waste receptacles to the storm drain system, street or gutter is prohibited. Wash water shall be directed towards a landscaped area or collected and discharged to the sanitary,, sewer only. Improper methods r methods of wash ter disposal shall be subject to violations of the _ sh water City s Water Quality Ordinance. Section 33, Section 41-683 (Discontinuance of nonconforming building or use) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-683. - Discontinuance of nonconforming building or use. Except as provided in section 41-683.5 and 41-683.6, if a nonconforming use is discontinued, or if a nonconforming building is vacant, unused or unoccupied for a period of twelve (12) consecutive months, any subsequent use must conform in every respect to the provisions of this chapter, and a nonconforming building may not thereafter be used or occupied until it conforms in every respect to the provisions of this chapter. Section 34. Section 41-683.6 (Discontinuance of nonconforming noxious use) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41.683.6. - Discontinuance of nonconforminq noxious use. ,(al If a nonconforming use of a building regulated by Section 41 A 99.4,requires anew certificate of occupancy for any reason other than a change in business _name with no change in owner of the business, legal nonconforming status shall be lost and any subsequent use must conform in eve respect to the orovisions of this chapter If a nonconforming use of a building. regulated by__Section 41-199.4 is in violation of any applicable federal, state, or ,local regulation for a_period of sixty (60) consecutive days, receives three noncompliant not-ices from a federal, state, or local regulatory agency in a one (1) year period, or is in violation for a total of ninety (90) days in a one (1) year period, legal nonconforming status shall be lost g building shall conform in every respect to the provisions_of this chapter.t se of the � � a_�subse ue Section 36. Section 41-885 (Regional planned sign program) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-885. - Regional planned sign program. a) Definitions: 1. Regional commercial center - A large commercial complex containing a variety of stores, restaurants and other businesses housed in a series of connected and/or adjacent buildings within an integrated campus that shares common areas and parking facilities, and which fronts onto one or Ordinance No.NS-XXX Page 24 of 54 Case 8:23-cv-00504 Document l-3 tiled 03/20/23 Page 39 of 76 Page ID #:1.05 more freeways. Said center must be located on a site of no less than fifteen (15) acres. 2. Regional automobile dealership -An automobile dealership licensed by the state that sells new or used automobiles or other motor vehicles in conjunction with new automobiles to the general public on an integrated site which fronts onto one or more freeways or is on a site which is located within three hundred (300) feet of the point where a freeway exit centerline intersects with a city street. 3. Regional attraction -A large cultural or educational establishment such as a museum or zoo, or other establishment that blends education, entertainment, and/or amusement, and which fronts onto one or more freeways. Said attraction must be located on a site of no less than five (5) acres. 4. Regional institution - An institution providing higher education such as a college or universes with minimum school year average enrollment of at least 1,000 students", a healthcare institution such as a medical office building complex or hospital on a site of no less than five 5 acres, or an other facilily determined by the Executive Director of the Plannin and Building Agency to provide an educational, community assembly that is not commercial in nature, or medical use to the community. b) Eligibility for a regional planned sign program: 1. The sign program is proposed for a site that is a regional commercial center, regional automobile dealership, or regional attraction, or a regional institution. 2L. The site does not abut property zoned or u6ed for Fesidential uses, c) Signage and other on-premise advertising must meet the provisions of the sign code meant to protect the health, safety, and welfare of residents and workers in the immediate vicinity; signage shall be limited to only advertising on-site business activities. All signage must comply with the provisions of sections 41-860 and 41- 861 of this chapter except as noted within those sections pursuant to approval of a regional planned sign program described in this section. d) The provisions of this section shall be applied in conjunction with chapter41, article XI, "On-Premise Signs" of this Code, provided however, in the event of a conflict between the provisions within this section and the remainder of the City of Santa Ana Sign Ordinance as outlined in chapter 41, article XI, "On-Premise Signs," the provisions of this section shall prevail. e) Electronic message displays may be permitted in regional planned sign programs subject to the following conditions: Ordinance No.N5-XXX Page 25 of 54 Case 8:23-cv-00504 Document 1-3 Rfed 03/20/23 Page 40 of 76 Page ID#:106 1. Any electronic message displays may not be located within 300 feet of property pLoperty zoned or used for residential purposes, as measured from the face of the electronic message display to the nearest property line of the residential ro ert . The display(s) shall comply with the following requirements: A. Be oriented in a way that: i. Minimizes visual and light-emitting intrusion onto properties zoned or used for residential purposes; and, ii. Maximizes visibility from adjacent or nearby freeway corridors. B. Produce a maximum 0.3 foot-candles over ambient light levels. C. Include a means of ensuring additional flexibility in reducing light levels upon request by the city, D. Provide a means of limiting excessive light or glare. E. Have automatic diming capabilities. 2. The sign copy shall comply with the following requirements: A. Where screen transitions are used, such transitions shall not give the appearance of moving text or images, and should use smooth effects, such as fades, rather than abrupt transitions. The sign copy shall not use flashing, intermittent or moving lights or produce the optical illusion of movement. B. Each sign copy shall be displayed for a minimum of eight (8) seconds. 3. No electronic message display shall be located on a ground sign within fifty (50) feet of a traffic signal or sign, or placed in a location that would not maintain safe conditions for motorists, pedestrians, or cyclists as determined by the public works agency. 4. The property owner shall comply with Santa Ana Municipal Code section 41-638.2, establishing standards for graffiti abatement. 5. The property owner shall provide the city and the public a designated phone number and email address for emergencies or complaints that will be accessible 24 hours a day, seven days per week. 6. In addition to their on-premise advertising and identification purposes, the signs must make available a minimum amount of display time to be used for public service announcements or warning signs as requested and provided by the city of Santa Ana. Such minimum time will be established as a condition of approval for the regional planned sign program. Ordinance No.NS-XXX Page 26 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 41 of 76 Page ID #:107 7. The sign shall comply with any and all federal, state and local laws, regulations and permitting requirements. f) A regional planned sign program may be submitted by an applicant representing or owning the project site or may be required for a development project when the Planning Director or his or her designee determines that such a sign program is necessary because of special project characteristics. g) Applications for regional planned sign programs shall be accompanied by photo simulations of all proposed signage showing daytime and nighttime conditions in addition to standard forms, exhibits, and other materials requested by staff as required for a complete submittal. h) Every application under this chapter for a regional planned sign program or appeal to the city council shall be accompanied by a filing fee. No application shall be accepted for filing without the required fee, except that all governmental agencies are exempted from the fee requirement. The city council shall from time to time by resolution adopt a schedule of fees to be charged, a copy of which shall be maintained in the office of the planning department. i) An application to permit a regional planned sign program must be approved by the Planning Commission and be reviewed subject to compliance with the following sections of the Santa Ana Municipal Code: 1. 41-633, requiring forms, descriptions, notification of surrounding property owners, and signature(s) from recorded property owner(s), as applicable; 2. 41-635 through 41-637, scheduling for public hearing, providing notice of hearing, and continuances; 3. 41-642, reviewing the decision of the planning commission by the city council; 4. 41-645 and 41-646, processing appeals; 5. 41-647 and 41-647.5, utilizing such permits and violations of such permits; 6. 41-649, modifying such permits; and 7, 41-651, revoking of such permits. J In granting or denying a regional planned sign program, the- lanning commission shall make the following findings of fact and may impose conditions, restrictions or limitations as the commission may determine to be necessary to meet the general purpose and intent of this chapter and to ensure that the public health, safety and welfare are being maintained. Findings shall be made and conditions may be imposed to confirm that: Ordinance No.NS-XXX Page 27 of 54 t Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 42 of 76 Page ID #:108 1. The scale and intensity of the proposed signage is consistent and harmonious with surrounding land uses and does not create conditions that could contribute to visual or physical blight, intrusion, or similar incompatibilities. 2. The location of the proposed signage will not contribute towards a hazardous environment for pedestrians, cyclists, or motorists on city streets or freeways. 3. The proposed signage is compatible with the scale, intensity, and site development characteristics on which it is proposed. Scale, intensity, and site development characteristics may be determined by: A. Height of existing or proposed buildings on-site; B. Quantity of freestanding buildings, facades, and street frontages; C. Scale of buildings as they relate to pedestrian and vehicular access, surrounding land uses, and transportation corridors; D. Visibility from streets, highways, pedestrian areas, rail corridors, bikeways, other transportation routes, parks, and other public spaces; E. Architecture, color(s), material(s), illumination, and other site characteristics; and nature of business activities conducted on-site; and, F. Visibility from any property used or zoned for residential purposes. k) Appeals from decisions of the planning commission, extensions, time limits, and modifications to such regional planned sign programs must be conducted in a manner in accordance with chapter 41, article v, division 1 of the Santa Ana Municipal Code, Section 36. Section 41-1251 (Permits required) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-1251. - Permits required. (a) No person shall cause or permit the placement, construction, or operation of any small collection facility which is not located on property within a commercial zoning district and designated as a convenience zone where such uses are permitted by this section and which has not been issued either a land use certificate or a conditional use permit as required by this section and has produced documentation verifying certification by the State of California Department of Conservation. Applicants must also provide written proof of possession of State of California Workman's Compensation coverage and be in possession of a current Weighmaster's License. (b) Small collection facilities may be permitted on any property which is zoned and used for commercial and designated as a convenience zone or on property within an industrial zoning district. Light processing facilities and heavy Heavy processing Ordinance Na.NS-XXX Page 28 of 54 Case 8:23-ev-00504 Document 1-3 Filed 03/20/23 Page 43 of '76 Page ID #:109 1 facilities are permitted only in the M1 and M2 zoning districts with the approval of a conditional use permit. (c) A land use certificate shall be issued for any small collection facility which complies with the applicable standards set forth in this article. Section 37, Section 41-1309.1 (Change of use, exceptions) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-1309.1. -Change of use, exceptions. Upon the change of use of an existing building, lot, or a portion of a building or lot, additional parking and loading spaces shall be provided for the new use as required by this chapter over and above the number of parking and loading spaces required by this chapter for the prior use only, with the following exceptions: (1) Change of use in a historic district or registered historic property. Any change of use permitted in a historic resource shall not be required to provide additional parking to that legally required prior to the change of use. (2) Change of use in a space under two thousand five hundred (2,500) square feet. The occupancy of any tenant space of less than two thousand five hundred (2,500) square feet in all zones, may be interchanged among the below land uses without the need to provide additional parking beyond that currently provided on-site or in covenanted off-site spaces. The prior use must have been established with a valid business license and certificate of occupancy. Required parking shall be determined by the last occupancy that did not use this subsection in a space under two thousand five hundred (2,500) square feet in all zones. Parking will be determined by section 41-1300. • Professional, business, and administrative offices • Service uses • Medical aiqd dental offices • Restaurants/eating establishments • Retail and service activities • Live/work spaces • Banks and financial institutions • Gymnasiums and studios operated for commercial or public purposes _Change in use from industrial to retail as permitted in section 41-472 of this code stall not be required to provide additional parking spaces beyond that provided Ordinance No.NS-XXX Page 29 of 54 Case 8:23-cv-00504 Document 1-3 Piled 03/20/23 Page 44 of 76 Page ID #:1.10 on-site or in covenanted off-site spaces when the retail component of the use is equal to or less than 50 percent of the gross square footage of the tenant space, Section 38, Section 41-1751 (Definitions) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-1751. Definitions. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter: (a) "California Massage Therapy Council' or "CMTC" means the state-organized, non-profit organization created to regulate the massage industry as set forth in Chapter 10.5 of Division 2 of the California Business and Professions Code (commencing with Section 4600, as amended). "Chair massage„service" means where a patron receives a_massage while fully clothed in a public or semipublic area. The areas massaged are the head, neck, back, arms, and feet only. (gla) "Employee" includes every owner, partner, operator, manager, supervisor and worker, whether part-time, full-time, or temporary, whether paid or not, who renders services of any nature or is otherwise employed in the operation of a massage establishment. For purposes of this chapter, the term employee shall also include massage technicians who provide massage services as independent contractors to a massage establishment. (de) "Manager" means the owner or operator of the massage establishment, or any persons) designated by the owner or operator to act as the representative and agent of the owner or operator in managing daily operations. Evidence of management may include, but is not limited to, evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules, or purchase supplies. (gel) "Massage" means any scientific manipulation of soft tissue, or method of applying pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, ointments, or other similar preparations commonly used in this practice. (fe) "Massage certificate" means a certificate issued by the CMTC pursuant to Section 4604 of the Business and Professions Code (Chapter 10.5 commencing with section 4600, as amended). (gf} "Massage establishment" means any establishment having a fixed place of business where any individual, firm, association, partnership, corporation, or Ordinance No.Ns-XXX Page 30 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 45 of 76 Page ID #:111 combination of individuals, engages in, conducts, carries on or permits to be engaged in, conducted or carried on, massages, baths, or health treatments involving massage or baths as regular functions. ( Massage establishment, ancillary" means a massage establishment that is operated as an_ancilla[y use in coniunction with an approved health club, athletic club, gym, or hotel or in conjunction_with a medical office. For the purpose of this definition an ancillary use shall mean a use that is not more than twenty-five (25) percent of the floor area of the related health or athletic activities of the primary use. Qg) "Massage technician" means any massage practitioner, masseuse, massage therapist or any person who administers or in any way assists in administering any form of massage, bath, or health treatment involving massages or baths as the principal functions to another person for any consideration whatsoever. A massage technician may be an employee or independent contractor. Section 39, Section 41-1752 (Permitted zones and locations) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-1752. - Permitted zones and locations. No massage establishment may be 19-ated.within the-eity uR es�s-tt-meets the fall,v.,"i;g (a) Achair massage service may,be located in commercial zoning districts where retail and service uses are permitted. An ancillary massage establishment„may only be„located in zoning districts that permit health clubs, athletic clubs, gyms hotels, or where medical services.are permitted. (c) Massage establishments may be located within the following_zoning districts subject to the issuance of a conditional use permit: (1) Massage establishments may be permitted on parcels in the C1, Cl-MD, C2, C4, C5, or CSM zoning districts. (2) Massage establishments may be permitted on a parcel within any Specific Plan or Specific Development zoning district in which massage establishments retail 6erviee us are defined and permitted, (3) 1 -G- Massage establishments is are not permitted in any other zoning district. Section 40. Section 41-1753 (Permits and certificates-contents of application) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec, 41-1753. - Permits and certificates-contents of application. No massage establishment may be operated or established in the city without first obtaining the following: Ordinance No.N5-XXX Page 31 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 46 of 76 Page ID #:112 A(2) _city issued business li.+ens 1•'l r (3) Approved massage establishment permit issued by the ehief of peliGe, as set fedtv i n_seG ien `2-2 of this Code. (a) No chair massage service or ancillary massage establishment may be operated or established in the city without first obtaining the following_ (1) Approved certificate of occupancy. 2 A cityissued business license. QLApproved massage establishment permit issued by the chief of police, as set, forth in Section 22-2 of this Code, No massage_establishment may be operated or established in the city without first obtaining the he fallowing. (1) Approved conditional use permit. 2 Approved certificate of occu anc . (3) A city issued business license. 4 Approved massage establishment permit issued by the chief of police, as set forth in section 22-2 of this Code. Section 41. Section 41-1754 (Development and operating standards) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-1754. Development and operating standards. (a) The following development and operating standards shall be applied to the operation of any chair massage, ancillary massage establishment. or massage establishment: (1) The owner must advise the city, in writing, at the time of the application for a permit of the business hours and, thereafter, of any changes in such hours. No person shall operate a chair massage, ancillary massage establishment or massage establishment or administer a massage in any massage establishment between the hours of 10:00 p.m. and 8:00 a.m. A massage begun any time before 10:00 p.m., must nevertheless terminate at 10:00 p.m. All customers, patrons and visitors shall be excluded from the chair massage. anc_ illary massage establishment or massage establishment during these hours and be advised of these hours. Ordinance No,NS-XXX Page 32 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 47 of 76 Page ID #:113 (2) All exterior signs identifying the premises as a chair massage, ancillary massage establishment, or massage establishment shall comply with the sign requirements of the city. (3) Each operator and/or on-duty responsible employee shall display the massage establishment permit in a conspicuous public place in the lobby of the mewsag establoshmen+business. (4) The hours of operation must be posted in the front window and clearly visible from the outside. (5) The operator and/or on-duty responsible employee must also post, on a daily basis in a conspicuous public place in the lobby, the name of the operator and/or on-duty responsible employee as well as all on-duty massage technicians. (6) "No loitering" signs shall be posted at the front and rear of the business. No outside waiting or seating area is permitted in accordance with section 602 of the Penal Code. (7) Employees shall be at least eighteen (18) years of age. There shall be a minimum of one (1) employee managing the business-ass--e establishment during all working hours. During each employee's working hours, the employee shall wear a city issued badge identifying the business and the employee's full name. (8) Occupancy shall not exceed that required under the Uniform Building Code and Uniform Fire Code, and the maximum occupancy load shall be posted at the main entrance. (9) Window areas shall not be covered or made opaque in any way. All windows and entrances must be unobstructed at all times. (10) Lighting levels on the premises within sixty (60) feet of the use and in all required parking areas shall be maintained at a minimum one (1) foot-candle of light. (11) No exterior pay phones shall be permitted. (12) Rear exits are prohibited unless required by either the building code or the fire code. When required, rear exit doors shall be kept in a locked closed position and shall have panic hardware. (13) No person shall be employed or permitted to act as a massage technician who is not in possession of a valid, un-revoked massage certificate and a photo identification card prepared and issued by the city as required in chapter 22 of this Code. Ordinance No.NS-XXX Page 33 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 48 of 76 Page ID #:114 (14) It shall be unlawful for any person to perform any massage upon a member of the general public while on the premises of a school of massage. (15) Residing in a chair massage, ancillary massage establishment, or massage establishment is prohibited. No person or persons shall be allowed to live, reside or dwell inside the business massage o ce at anytime. No food of any kind shall be prepared for sale or sold in the establishment. (16) No interior doors may be locked during operating hours. Section 42. Section 41-2109 (Requirements) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-2109. - Requirements. An urban lot split must satisfy each of the following requirements: (a) Map Act Compliance. (1) The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code section 66410 et. seq., "SMA") and implementing requirements in this Code, except as otherwise expressly provided in this division. (2) If an urban lot split violates any part of the SMA, the city's subdivision regulations, including this division, or any other legal requirement: (A) The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including, but not limited to, an action for damages or to void the deed, sale, or contract. (B) The city has all the remedies available to it under the SMA, including, but not limited to, the following: (i) An action to enjoin any attempt to sell, lease, or finance the property. (ii) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief. (iii) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one (1) year, by a fine of up to ten thousand dollars ($10,000.00), or both; or a misdemeanor. (iv) Record a notice of violation. (v) Withhold any or all future permits and approvals. Ordinance No.NS-XXX Page 34 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 49 of 76 Page ID #:115 (3) Notwithstanding section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split. (b) Zone. The lot to be split is in a zoning district that allows single-family residences. (c) Lot Location. (1) The lot to be split is not located on a site that is any of the following: (A) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters. (B) A wetland. (C) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards. (D) A hazardous waste site that has not been cleared for residential use. (E) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards. (F) Within a 100-year flood hazard area, unless the site has either: (i) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or (ii) Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program. (G) Within a regulatory floodway, unless all development on the site has received a no-rise certification. (H) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. (1) Habitat for protected species. (J) Land under conservation easement. (2) The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)-(K) are satisfied. Ordinance No.N5-XXX Page 35 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 50 of 76 Page ID #:116 (d) Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance or resolution as a city or county landmark or as a historic property or district. (e) No Prior Urban Lot Split. (1) The lot to be split was not established through a prior urban lot split. (2) The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner. (f) No Impact on Protected Housing. (1) The urban lot split must not require or include the demolition or alteration of any of the following types of housing: (A) Housing that is income-restricted for households of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power. (C) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code sections 7060- 7060.7) at any time in the fifteen (15) years prior to submission of the urban lot split application. (D) Housing that has been occupied by a tenant in the last three (3) years. (2) As part of the urban lot split application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subsection (f)(1) above is satisfied. (A) The sworn statement must state the following: (i) No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered. (ii) No housing that is subject to any form of rent or price control will be demolished or altered. (iii) No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last fifteen (15) years will be demolished or altered. Ordinance No.NS-XXX Page 36 of 54 Case 8:23-cv-00504. Document 1-3 Filed 03/20/23 Page 51 of 76 Page ID #:117 (iv) No housing that has been occupied by a tenant in the last three (3) years will be demolished or altered. (B) The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including, but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement. (g) Lot Size. (1) The lot to be split must beat least two thousand four hundred (2,400) square feet. (2) The resulting lots must each be at least one thousand two hundred (1,200) square feet. (3) Each of the resulting lots must be between forty (40) percent and sixty (60) percent of the original lot area. (h) Easements. (1) The owner must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots. (2) Each easement must be shown on the tentative parcel map. (3) Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with section 41-2108(b). (4) If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the city will provide, a notice of termination of the easement, which the owner may record. (i) Lot Access. (1) Each resulting loft must adjoin a public street right-of-way that meets the established standards for is designated street classification as specified in the Mobility Element of the General Plan. (2) Each resulting lot must have frontage on the public street right-of-way of at least twelve and one-half(12.5) feet. (3) Vehicle access easement serving a maximum of two (2) units shall be a minimum of twelve (12) feet in width and shall have a minimum length of twenty (20) feet. Ordinance No.NS-XXX Page 37 of 54 Case 8:23-cv-00504. Document 1-3 Filed 03/20/23 Page 52 of 76 Page 1D #:118 (j) Unit Standards. (1) Quantity. No more than two (2) dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this article, an ADU, or a JADU. (2) Unit Size. (A) The total floor area of each primary dwelling that is developed on a resulting lot must be. (i) Less than or equal to eight hundred (800); and (4) More than five hundred (500) square feet. (B) A primary dwelling that was legally established prior to the urban lot split and that is larger than eight hundred (800) square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded. (C) A primary dwelling that was legally established prior to the urban lot split and that is smaller than eight hundred (800) square feet may be expanded to eight hundred (800) square feet after the urban lot split. (3) Height Restrictions. (A) On a resulting lot that is smaller than two thousand (2,000) square feet, no new primary dwelling unit may exceed two (2) stories or twenty-two (22) feet in height, measured from finished grade to peak of the structure. Any portion of a new primary dwelling that exceeds one (1) story must be stepped back by an additional five (5) feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback. (B) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split. (4) Lot Coverage. The maximum building coverage of net lot area shall be thirty-five (35) percent. If new structures are proposed to be one-story and be deed restricted to be maintained as one-story structures in perpetuity, a fifty (50) percent lot coverage is allowed. This lot coverage standard is only enforced to the extent that it does not prevent two (2) primary dwelling units on the lot at eight hundred (800) square feet each. (5) Open Space. Private open space shall be provided for each unit at a minimum of one hundred (100) square feet in the form of a private covered patio or deck.The minimum dimensions of such space shall be eight (8)feet in each direction. This open space standard is only enforced to the extent Ordinance No.N5-XXX Page 38 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 53 of 76 Page ID #:119 that it does not prevent two (2) primary dwelling units on the lot at eight hundred (800) square feet each. (6) Setbacks. (A) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone. (B) Exceptions. Notwithstanding subsection j(6)(A) above: (i) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure. (ii) Eight hundred (800) sf, four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two (2) units on the lot or either of the two (2) units from being at least eight hundred (800) square feet in floor area; but in no event may any structure be less than four (4) feet from a side or rear property line. (C) Front Setback Area. Notwithstanding any other part of this Code, dwellings that are constructed after an urban lot split must be at least twenty-five (20M) feet from the front property lines. The front setback areas must: (i) Be kept free from all structures greater than three (3) feet high; (ii) Be at least fifty (50) percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect; and (iii) Allow for vehicular and fire-safety access to the front structure. (7) Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one (1) off-street parking space per unit unless one (1) of the following applies: (A) The lot is located within one-half('/z) mile walking distance of either: (i) A corridor with fixed route bus service with service intervals no longer than fifteen (15) minutes during peak commute hours; or (ii) A site that contains: (ia) An existing rail or bus rapid transit station; or Ordinance No.NS-XXX Page 39 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 54 of 76 Page ID #:120 k (ib) The intersection of two (2) or more major bus routes with a frequency of service interval of fifteen (15) minutes or less during the morning and afternoon peak commute periods. (B) The site is located within one (1) block of a car-share vehicle location. A car-share vehicle shall mean a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service. (8) Architecture. (A) If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. (B) If there is no legal primary dwelling on the lot before the urban lot split, and if two (2) primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. (C) All new structures and conversions of existing accessory structures shall meet objective standards of Division 3 of this article. (D) If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than three (3) feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least sax (6) feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. (9) Landscaping. (A) The project shall be designed meeting all the landscaping standards of the Banta Ana Municipal Code set forth in section 41-240. (B) Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-way) as follows: (i) At least one 15-gallon size plant shall be provided for every five (5) linear feet of exterior wall. Alternatively, at least one (1) 24-inch box size plant shall be provided for every ten (10) linear feet of exterior wall. ordinance No.N5-XXX Page 40 of 54 Case 8:23-cv-00504 Document 7.-3 Filed 03/20/23 Page 55 of 76 Page ID #:121. (ii) Plant specimens must be at least six (6) feet tall when installed. As an alternative, a solid fence of at least six (6) feet in height may be installed. (iii) All landscaping must be drought-tolerant. (iv) All landscaping must be from the city's approved plant list. (10)Nonconforming Conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected. (11) Utilities. (A) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider. (B) Notwithstanding subsection j(11)(A) above, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the city's code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five (5) years or, if the percolation test has been recertified, within the last ten (10) years. (C) All utilities must be underground. (12)Building and Safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use. (k) Separate Conveyance. (1) Within a resulting lot. (A) Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other. (B) Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split. (C) All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners. (D) No timeshare, as defined by state law or this Code, is permitted. This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time. (2) Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may Ordinance No.NS-XXX Page 41 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 56 of 76 Page ID #:122 separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two (2) lots. (l) Regulation of Uses. (1) Residential-only. No non-residential use is permitted on any lot created by urban lot split. (2) No short-term vacation rentals (STRs). No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than thirty (30) days. (3) Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one (1) of the dwelling units on one (1) of the resulting lots as the applicant's principal residence for a minimum of three (3) years after the urban lot split is approved. (m) Notice of Construction. (1) At least thirty (30) business days before starting any construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information: (A) Notice that construction has been authorized; (B) The anticipated start and end dates for construction; (C) The hours of construction; (D) Contact information for the project manager (for construction-related complaints); and (E) Contact information for the Building & Safety Department. (2) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation. (n) Deed Restriction. The owner must record a deed restriction on each lot that results from the urban lot split, on a form approved by the city, that does each of the following: Ordinance No.NS-XXX Page 42 of 54 Case 8:23-cv-00504 Document 1-3 Piled 03/20/23 Page 57 of 76 Page ID #:123 (1) Expressly prohibits any rental of any dwelling on the property for a period of less than thirty (30) days. (2) Expressly prohibits any non-residential use of the lots created by the urban lot split. (3) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot. 4 Expressly requires that any r�et new a boas+ „no r�� .,,,.., p Y re q unit created as a result of the provisions of this Division be deed restricted for affordable housing at the following levels:-e+th very low, I^��,, or moderate Levels JL Rental products shall be made affordable to ve low or low income households. LBI For-sale products shall be made affordable to moderate income households. (5) States that: (A) The lot is formed by an urban lot split and is therefore subject to the city's urban lot-split regulations, including all applicable limits on dwelling size and development. (B) Development on the lot is limited to development of residential units under Divisions 2 and 3 of this article, except as required by State law. Section 43. Section 41-2115 (Requirements) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-2115. - Requirements. A two-unit project must satisfy each of the following requirements: (a) Map Act Compliance. The lot must have been legally subdivided. (b) Zone. The lot is in a single-family residential zone. (c) Lot Location. (1) The lot is not located on a site that is any of the following: (A) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters. (B) A wetland. Ordinance No.NS-XXX Page 43 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 58 of 76 Page ID #:124 k. (C) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards. (D) A hazardous waste site that has not been cleared for residential use. (E) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards. (F) Within a 100-year flood hazard area, unless the site has either: (i) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or (ii) Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program. (G) Within a regulatory floodway, unless all development on the site has received a no-rise certification. (H) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. (1) Habitat for protected species. (J) Land under conservation easement. (2) The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)-(K) are satisfied. (d) Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance or resolution as a city or county landmark or as a historic property or district, or a structure of merit. A structure of merit is defined as meeting one or more of the following: (1) It is associated with events that have made a significant contribution in our past. (2) It is associated with the lives of persons significant in our past. (3) It embodies the distinctive characteristics of a type, period, architectural style or method of construction, or represents the work of a master, or Ordinance No.NS-XXX Page 44 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 59 of 76 Page ID #:125 possesses high artistic or historic value, or represents a significant and distinguishable collection whose individual components may lack distinction. (4) It yields, or may be likely to yield, information important in prehistory or history. (5) Its unique location or singular physical characteristic represents an established and familiar visual feature of a neighborhood. (e) No Impact on Protected Housing. (1) The two-unit project must not require or include the demolition or alteration of any of the following types of housing: (A) Housing that is income-restricted for households of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power. (C) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code sections 7060- 7060.7) at any time in the fifteen (15) years prior to submission of the urban lot split application. (D) Housing that has been occupied by a tenant in the last three (3) years. (2) As part of the two-unit project application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subsection (e)(1) above is satisfied. (A) The sworn statement must state the following: (i) No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered. (ii) No housing that is subject to any form of rent or price control will be demolished or altered. (iii) No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last fifteen (15) years will be demolished or altered. (iv) No housing that has been occupied by a tenant in the last three (3) years will be demolished or altered. Ordinance No.NS-XXX Page 45 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 60 of 76 Page ID #:126 (B) The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including, but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement. (f) Unit Standards. (1) Quantity. (A) No more than two (2) dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this article, an ADU, or a JADU. (B) A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under state law and the city's ADU ordinance. (2) Unit Size. (A) The total floor area of each primary dwelling built that is developed under this section must be: (i) Less than or equal to eight hundred (800); and (ii) More than five hundred (500) square feet. (B) A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than eight hundred (800) square feet is limited to the lawful floor area at the time of the two-unit project. The unit may not be expanded. (C) A primary dwelling that was legally established prior to the two-unit project and that is smaller than eight hundred (800) square feet may be expanded to eight hundred (800) square feet after or as part of the two- unit project. (3) Height Restrictions. (A) On a lot that is smaller than two thousand (2,000) square feet, no new primary dwelling unit may exceed two (2) stories or twenty-two (22)feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one (1) story must be stepped back by an additional five (5) feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback. (B) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project. Ordinance No.NS-XXX Page 46 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 61 of 76 Page ID #:127 (4) Demo Cap. The two-unit project may not involve the demolition of more than twenty-five (25) percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three (3) years. (5) Lot Coverage. The maximum building coverage of net lot area shall be thirty-five (35) percent. If new structures are proposed to be one-story and be deed restricted to be maintained as one-story structures in perpetuity, a fifty (50) percent lot coverage is allowed. This lot coverage standard is only enforced to the extent that it does not prevent two (2) primary dwelling units on the lot at eight hundred (800) square feet each. (6) Open Space. Private open space shall be provided for each unit at a minimum of one hundred (100) square feet in the form of a private covered patio or deck. The minimum dimensions of such space shall be eight (8) feet in each direction. This open space standard is only enforced to the extent that it does not prevent two (2) primary dwelling units on the lot at eight hundred (800) square feet each. (7) Setbacks. (A) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone. (B) Exceptions. Notwithstanding subsection (f)(7)(A) above: (i) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure. (ii) Eight hundred (800) sf,- four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two (2) units on the lot or either of the two (2) units from being at least eight hundred (800) square feet in floor area; but in no event may any structure be less than four (4) feet from a side or rear property line. (C) Front Setback Area. Notwithstanding any other part of this Code, dwellings that are constructed under this section must be at least twenty (20) feet from the front property lines. The front setback area must: (i) Be kept free from all structures greater than three (3)feet high; (ii) Be at least fifty (50) percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect; and Ordinance No.NS-XXX Page 47 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 62 of 76 Page ID #:128 (iii) Allow for vehicular and fire-safety access to the front structure. (D) Interior Side Yard and Rear Yard Setbacks. Dwelling units must provide a minimum of four-foot interior side yard and rear yard setbacks for the property line. (E) Corner Lot Setbacks for side yards abutting a street. Dwellings that are constructed pursuant to Divisions 2 and 3 of this article must provide setbacks at least ten (10) feet from the side yard abutting the street. (F) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure. (8) Parking. Each new primary dwelling unit must have at least one (1) off-street parking space per unit unless one (1) of the following applies: (A) The lot is located within one-half ('/2) mile walking distance of either: (i) A corridor with fixed route bus service with service intervals no longer than fifteen (15) minutes during peak commute hours; or (ii) A site that contains: (ia) An existing rail or bus rapid transit station; or (ib) The intersection of two (2) or more major bus routes with a frequency of service interval of fifteen (15) minutes or less during the morning and afternoon peak commute periods. (B) The site is located within one (1) block of a car-share vehicle location. A car-share vehicle shall mean a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service. (9) Architecture. (A) If there is a legal primary dwelling on the lot that was established before the two-unit project, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. (B) If there is no legal primary dwelling on the lot before the two-unit project, and if two (2) primary dwellings are developed on the lot, the dwellings Ordinance No.NS-XXX Page 48 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 63 of 76 Page ID #:129 must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. (C) New roofing and siding materials that are shiny, mirror-like, or of a glossy metallic finish are prohibited. (D) All exterior lighting must be limited to down-lights. (E) No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. (F) If any portion of a dwelling is less than thirty (30) feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six (6) feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. (G) New skylights shall have flat glass panes. "Bubble" or dome type skylights are prohibited. (FI) The roof pitch/slope and roof style (e.g. hip, gable, mansard) of the proposed unit addition shall be the same as the primary dwelling. (1) If a garage is converted to new unit, the garage door opening shall be replaced with exterior wall coverings, or residential window and doors, to match the existing exterior garage wall covering and detailing. (J) Additions or new construction shall comply with the following: (i) On a site already developed with an existing residential unit, the new unit shall be designed and constructed to match the existing paint color and exterior building materials, including but the limited to siding,windows, doors, roofing, light fixtures, hardware, and railings. (ii) If residential development is propped on a lot where not residential units currently exist, the units shall be constructed using the same architectural style, exterior building materials, colors and finishes. (iii) The size of the common indoor living areas of a dwelling unit, such as the living room, dining room, kitchen, family room,etc. must be equal to, or greater than, the square footage of bedrooms provided. Ordinance No.NS-XXX Page 40 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 64 of 76 Page ID #:130 (iv) Direct exterior accOss from a first-floor bedroom to the exterior of the dwelling unit shall be through a sliding door or double French door. (v) Upper story unenclosed landings, decks, and balconies greater than twenty (20) square feet that face or overlook an adjoining property, shall be located a minimum of fifteen (15) feet from the interior lot lines. (vi) Water heaters (excluding tank less water heaters) and laundry facilities (washer and dryer) may not be located on the exterior of a dwelling unit. (vii) Upper story unenclosed landings, decks, and balconies, that do not face or overlook an adjoining property due to orientation or topography, may be located at the located at the minimum as allowed by the underlying zone interior setback line if an architectural screening element such as enclosing walls, trellises, awning, or perimeter planters with a five-foot minimum height is incorporated into the unenclosed landing, deck, or balcony. (viii)Lipper story windows located within fifteen (15) feet of an interior lot line and face or overlook an adjoining property shall be installed a minimum of forty-two (42) inches above finish floor. (10) Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-way) as follows: (A) At least one (1) 15-gallon size plant shall be provided for every five (5) linear feet of exterior wall. Alternatively, at least one (1) 24-inch box size plant shall be provided for every ten (10) linear feet of exterior wall. (B) Plant specimens must be at least six (6) feet tall when installed. As an alternative, a solid fence of at least six (6) feet in height may be installed. (C) All landscaping must be drought-tolerant. (D) All landscaping must be from the city's approved plant list. (11) Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected. (12) Utilities. Ordinance No.NS-XXX Page 60 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 65 of 76 Page ID #:131 (A) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider. (B) Notwithstanding paragraph subsection (f)(12)(A) above, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the city's code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five (5)years or, if the percolation test has been recertified, within the last ten (10) years. (C) All utilities must be underground. (13)wilding and Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city's current code. (g) Separate Conveyance. (1) Primary dwelling units on the loft may not be owned or conveyed separately from each other. (2) Condominium airspace divisions and common interest developments are not permitted within the lot. (3) All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners. (A) No timeshare, as defined by state law or this Code, is permitted. This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time. (h) Regulation of Uses. (1) Residential-only. No non-residential use is permitted on the lot. (2) No short term rentals (STRs). No dwelling unit on the lot may be rented for a period of less than thirty (30) days. (3) Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one (1) of the dwellings on the lot as the owners' principal residence and legal domicile. (i) Notice of Construction. Ordinance No.NS-XXX Page 51 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 66 of 76 Page ID #:132 (1) At least thirty (30) business days before starting any construction of a two- unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels,which notice must include the following information: (A) Notice that construction has been authorized. (B) The anticipated start and end dates for construction. (C) The hours of construction. (D) Contact information for the project manager (for construction-related complaints). (E) Contact information for the Building and Safety Department. (2) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this article. This notice requirement is purely to promote neighborhood awareness and expectation. {j) Deed Restriction. The owner must record a deed restriction, on a form approved by the city, that does each of the following: (1) Expressly prohibits any rental of any dwelling on the property for a period of less than thirty (30) days. (2) Expressly prohibits any non-residential use of the lot. (3) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot. (4) If the lot does not undergo an urban lot split: Expressly requires the individual property owners to live in one (1) of the dwelling units on the lot as the owners' primary residence and legal domicile. (5) Expressly requires that any net newest least one, new unit created be deed restricted for affordable housing at the following levels: either very IGW- loans 9F ry ederato Rental products shall be made affordable to very low or low income households. JBA For-sale products shall be made affordable to moderate income households. Ordinance No.NS-XXX Page 52 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 67 of 76 Page ID #:133 (6) Limits development of the lot to residential units that comply with the requirements of this section, except as required by state law. Section 44. Table 3-2 (Permitted Uses) of the Harbor Mixed Use Transit Corridor Specific Plan (Specific Plan No. 2) is hereby amended as per Exhibit A of this Ordinance to delete reference to "Child day care - more than 8 and up to 14 children" in its entirety. Section 45. The definition of "Personal services — restricted" as appearing in the Harbor Mixed Use Transit Corridor Specific Plan (Specific Plan No. 2)"Definitions"section is hereby amended as per Exhibit A of this Ordinance to clarify the use, the section referenced in the SAMC, and applicable standards. Section 46. Table 2A (Use Standards) of Section 41-2007 of the Transit Zoning Code (Specific Development No. 84) is hereby amended as per Exhibit B of this Ordinance to delete reference to "Child day care - more than 8 and up to 14 children" in its entirety. Section 47. The definition of "Personal Services — restricted" as appearing in Section 41-2080 of the Transit Zoning Code (Specific Development No. 84) is hereby amended as per Exhibit B of this Ordinance to clarify the use, section referenced in the SAMC, and applicable standards. Section 48. Table 3 (Permitted Land Uses) of Section 4.1 of the Metro East Mixed-Use Overlay Zone is hereby amended as per Exhibit C of this Ordinance to replace all references to"Child care facilities"with "Daycare centers," and to expressly permit and require a conditional use permit for massage establishments in two districts within the plan area. Section 49, Table 3 (Permitted Land Uses) of Section 4.1 of the Metro East Mixed-Use Overlay Zane is hereby amended as per Exhibit C of this Ordinance to include a reference to "Massage establishments" and to permit them subject to a conditional use permit in the Village Center and Active Urban districts of the overlay. Section 50. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 51. This ordinance shall become effective thirty (30) days after its adoption. Section 52, The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. Ordinance No.NS-XXX Page 53 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 68 of 76 Page ID #:1.34 ADOPTED this day of , 2023. Valerie Amezcua Mayor APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: John M. Funk Chief Assistant City Attorney AYES: Councilmembers: _ NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No,NS-XXX Page 64 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 69 of 76 Page ID #:135 CHAPTER 3: Land Use Plan and Development Standards Permitted Uses Table 3-2 shall regulate land uses within the Harbor Corrldor Plan area. The table provides uses by district The uses are indicated by abbreviation: permitted (P),not permitted(N),permitted by Conditional Use Permit(CUP),permitted by Land Use Certificate(LUC),and permitted through Site plan Review(SPR).The Transit Node District is divided Into two areas basd on their proximity to the transit stops. Transit Node North:Permitted uses shall apply to properties In the Transit Node District adjacent to the North Transit Stop as depicted in Figure 3-1. Transit Node South:Permitted uses shall apply to properties In the Transit Node District adjacent to the South Transit Stops as depleted In Figure 3-1. Table 3-2. Permitted Uses NEIGH TRANSITIONAL +•Joint living-working quarters p(777 p(2) CUP N Care homes_ _N CUp CUP N Single family dwelling —.Y-_ --_-----__ --__ N _P — P — N -- Multi-family dwellings (In building types other than a House or Live-Work) P(1) P(1) P P N.. tl p R Community assemblyor religious facility p(1) P(1) P CUP - N Library,museum P P P P SPR Park or recreation facility(outdoor) P p p P Commercial recreationlhealthtfitness(indoor) clip CUP - N. --N p school P(1) P(1) P CUP N. - Studio p(3) P P CUP N Theater,cinema or performing arts P P P N IN General retail P I P P P(2) N'. Grocery,food market P(3) P P(3) P(2) N Eating establishment P(3) P p P(2) _ N - Auto or motor vehicle sales N N CUP N N Auto or motor vehicle service 'N. N - CUp N N Banquet faculty/catering-subject to 41.199.1 of the SAW CUP(1) CUP(1) CUP(1) N N Child day care-more than 8 and up to 14 children P(1) P P LUG N Child day care center(15 or more children) P(1) P P CUP Hotel,excluding transient residential hotel and long-term stay P P p Personal services P(3) P P P(2)<. -- :N _ Personal services-restricted N N CUP CUP - N� - •A A Bank,financial services P(3) P P N N Clinic,urgent care _ - N N - P — --Y N � - --- N — Doctor,dentist,chiropractor office P(1) P P N --N Professional/administrative/service office P(1) P P P(2) N + R Parking facility-public or commercial p p sPR N N (stand-alone parking structures are prohibited)(4) Transit station or terminal P P p N SPR Public utility structure,excludingwireless communication facilities N;.:: N N CUP SpR �— R p Any structure over three(3)stories in height SPR SPR SPR SPR SPR Businesses operating between 12 am and 7 am CUP CUP CUP CUP N Alcoholic beverage sales or consumption CUP CUP CUP CUP IN Adult business N N N N N Light ar heavy industrial N N N N N (1) Use permitted only on second or upper floors,or behind retail or service ground floor use. P Use is permuted subject to coin pllance with all appllcable provisions of the Santa (2) Permitted use as part of a vertical mixed use program,with upper floor residential Ana Municipal Code (3) Perm litcd only as part of a mixed use project with a commercial or residential component LUC Use is permitted subject to the approval of a Land Use Certificate (4) Parking facilities must comply with building frontage standards CUP Use is permitted subject to the approval of a Conditional Use Permit SPR Use is permitted subject to the approval of a Site Plan Review N use not permitted In district October 2C14 ]EXHIBIT A 3-3 !i Case 8:23-cv 00504 Document 1-3 Filed 03/20/23 Page 70 of 76 Page ID #:136 CHAPTER 7:Administration and Implementation » Accounting,auditing and bookkeeping services Setback:The area of a lot measured from a lot line to a building facade or » Advertising agencies elevation that must be maintained clear of permanent structures excepting » Attorneys galleries, fences, garden walls, arcades, porches, stoops, balconies, bay » Business associations,chambers of commerce windows, and terraces which are permitted to encroach Into the setback » Commercial art and design services subject to the standards established in Chapter 3 of this Specific Plan. » Construction contractors(office facilities only) Shared parking(joint use or park-once policy):An accounting for parking r Counseling services spaces that are available to more than one function.The requirement is based Court reporting services on a range of parking demand found in mature,mlxed-use centers.The shared » Detective agencies and similar services parking ratio varies according to multiple functions In close proximity unlikely » Design services including architecture, engineering, landscape to require the spaces at the same time. This approach to parking uses the architecture,urban planning following types of parking In combination to achieve a balanced and distributed » Educational,scientific and research organizations supply of parking:off-street(surface lots and garages),on-street(parallel and » Financial management and investment counseling diagonal). n Literary and talent agencies Shopkeeper: A unit that contains space on the ground floor for use and » Management and public relations services operation by a retail merchant or tradesman along with residential space on » Media postproduction services the upper floor(s)that can be occupied by the same shop operator or a different » News services resident. The residential and commercial components each have separate, u Photographers and photography studios dedicated entrances.See also'Live-Work' m Political campaign headquarters Shopfront:See'Frontage Types' » Psychologists » Secretarial, stenographic, word processing, and temporary clerical Single family dwelling.A residential building containing one ormorehabitable employee services rooms with only one kitchen, designed for occupancy by one independent u Security and commodity brokers household unitwith common access to,and common use of all living,kitchen » Writers and artists offices and bathroom areas. Paseo:a public place or path designed for walking;promenade, Stacked Dwellings:See'Building Types' Pedestrian-friendly:The practice of addressing the needs of people, once Stoop,See'Frontal Types' out of their automobiles,through a series of Interdependent urban design and streetscape principles(e.g.,wide sidewalks, street trees and shade,en-street Story:A habitable level within a building from finished floor to finished ceiling: parking,outdoor dining,inviting storefronts,the feeling of being In an'outdoor Attics and basements, as defined by the California Building Code(CBC)are room',short crosswalk distances,interconnected and short blocks). not considered a story for the purposes of determining building height and are subject to the applicable requirements of this code and the CBC, except for Personal services: Establishments providing non-medical services to when the finished floor level directly above a basement or cellar is more than Individuals as a primary use.Examples of these uses include: six feet above grade,such basement or cellar shall be considered a story. » Barber,nail salons and beauty shops Streetscape:The urban element that provides the major part of the public w Clothing rental realm as well as paved lanes for vehicles. A streetscape Is endowed with two N Dry cleaning pick-up stores with limited equipment attributes:capacity and context.Capacity Is the number of vehicles that can » Home electronics and small appliance repair move safely through a segment within a given time period. It Is physically » Locksmiths manifested by the number of lanes and their width,and by the curb radius. Pet grooming with no boarding studio:A workplace of one or more individuals who are engaged in the » Shoe repair shops production of art, such as fine and fiber arts, lithography, calligraphy, » Tailors photography, music,dance and the performing arts Galleries, not to exceed 50 percent of the floor area,are permitted as an ancillary use.Any regulated These uses may also Include accessory retail sales of products related to the use,as defined on Section 41-191 of the SAMC is not allowed. Uses meeting Services provided. the definition of artisan/craft product manufacturing shall be deemed an Personal services-restricted: Personal services that may tend to have a artisan/craft product manufacturing use. blighting and/or deteriorating effect upon surrounding areas and which may Tandem parking stall:Two or more parking spaces arranged one behind the need to he dispersed to minimize their adverse impacts. Examples of these other. uses include: Thoroughfare:A vehicular way incorporating moving lanes and parking lanes » Laundromats (self-service laundries), which shall comply with the (except alleys/lanes which have no parking lanes)within a right-of-way. development and performance standards set forth in Section 41-199 of the SAMC Traffic calming:A set of techniques which serves to reduce the speed of » Massage establishments(licensed,thorapeutic)as defined on Section traffic. Such strategies include lane-narrowing, on-street parking, chicanes, 41-1751.1 of the SAMC.Mgssac,�eestablishments shall comnlvwith Article yield points,sidewalk bulge-outs,speed bumps,surface variations,mid-block XVILI of Chapter41 of the SAMC. deflections,and visual clues.Traffic calming is a retrofit technique unnecessary » Pawnshops when thoroughfares are correctly designed for the appropriate speed at initial Planter: The layer of the streetscape which accommodates street trees. construction. Planters may be continuous or individual according to the Thoroughfare and location within the neighborhood. Transit-oriented development:Compact,higher intensity development that includes uses supportive to transit;i.e„residential uses that increase ridership Podium:A continuous raised platform supporting a building,er a large block and transit efficiency or commercial uses that serve transit users. Its structure of two or three stories beneath a multi-layer block of a smaller area, creates nodes at an efficient spacing for mass transit.These nodes are mixed- Porch:see'Frontage Types' use areas limited in extent by walking distance to the transit stop. Transition line:A horizontal line, the full width of a facade expressed by a Religious facility:see'Community Assembly' material change or by a continuous horizontal articulation such as a cornice Residential development: The addition of new residential units or the cr a balcony. conversion of apartments to condominiums. Tuck-Under Housing:See'Building Types' Residential unit:Any single-family home; any separate occupancy unit in Zaguan:A covered pedestrian passage between courts of one to two rooms in a two-family or multifamily dwelling building; any live-work unit; and any depth and one story in height, other structure designed for human occupancy which contains a kitchen. However,this excludes any other building or structure designed or intended to he occupied or used for business or commercial purposes, such as sleeping roams In hotels and motels without kitchens or kitchen facilities. Rowhouse:See'Building Types' October 2014 7-5 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 71 of 75 Page ID #:137 TRANSIT ZONING CODE Uses Permitted Sec.41-2007.Uses Permitted. Table 2A-Use Standards (a)Allowable Land Use Types.A parcel or bul Id Ing within the Specific Development area shall _ .Permif Required.by Zone be occupied by only the land uses allowed by Land Use Type the table entitled Use Standards (hereinafter Use Standards Table)within the zone applied to UN-2 UN-1 the site by the Regulating Plan. Re erYo Key to Zone ym o s to eon ollowing page for zone description and use notations (b)Garage sales are allowed in compliance wlth Section 41-193. RESIDENTIAL _ (c)Temporary outdoor activities are allowed In __•- ••---••� -•--_ -_.._.__.�_. _ - compliance with Section 41-195.5. Live-Work Use/Joint living-working quarters P(2) P(2) P(2) P(2) CUP TrUP up (d) Youth amusement rides are permitted in Ls - µw-m m CUP CUP- CUP CUP- CUPL. W compliancewlth Section 41-366 for C1 districts. Single Dwelling N ^ry Y - m- _ -- µ- -„p ! P MulYl-Family Dwelhngs�•- -_ P(1)_ P(1) P(1)� -P(1)• " P `�.P� (e)Drive-through facilities shall not be permit- ..uI _..ellln �._.__ ... _. ted. Sec.41-2008.Operational Standards. RECREATION,EDUCATION AND ASSEMBLY (a) All property shall be maintained In a safe, 1 -Y CU . sanitaryand attractive condition Including,but Community assembly P(1) P(1) P(1) -P� CUP CUP not limited to,structures,landscaping,parkin Health/fitness facility P T_ P P P P - areas,walkways,and trash enclosures. Library, e_ �mAe-^^ __.. _- _ P(1} w _ P _ museum »_. _.__.____ W...�_ _ ___ P P P P P CUP (b) All business activities shall be conducted Schools _p(1) P(1) _ P CUP- CUP and located with In an enclosed bu ild Ing,except _....»...:_....-.".........�..__.,.._. _---- ..- - --- - 11 as allowed by Section 41-195 of he SAMC Studio Ate, _ e _ �•, P m P vP P�� -CUP- CUP and except that the following business activi- Theater,cinema or performing arts P P r v P P ties may be conducted outside of an enclosed ----_d•-.d."•= ---•___-. _ __- - -_•_ - _- - -' building: Commercial Recreation(lndoor) CUP CUP CUP (1) Newsstands (2) Flower Stands (c)There shall be no manufacturing,processing, compounding,assembling or treatment of any RETAIL material or product, other than that which Is ."•"""""""`_"'""`"""'"'"""""""'"'"-"""'•"`"`"",""'""."�"'_"`"'""""'"' ...__- dearlylncldentaltoaparticularretail and ser- General retail,except with anyofthefollowingfeatures P P PI �.P P(2) __ _..._ _ ....." ..__' vice general enterprise,and where such goods -Eating l _.-..,� _ �A - '.e' g Floor area over 20,400 per tenant CUP CUP P --- CUP --- are sold an the premises. ...".-----:_-,.r.._..__..... establishments P P P P P(2)(d)There shall be no work Inside of a structure --- --- rvice that generates nose that exceeds 60 dB CNEL Auto ormoYorvehidese ,• -.,_WYu-...�.me_� ._��.__-"• measured at the exterior wall of the unit, (e)Storage of goods and supplies shall be lim- Ited to those sold at retail on the premises or utilized In the course of business. SERVICE GENERAL (f) Public utility structures, Including electric Banquet facillty/catering-sub.to41.199.1(a)through(dl_ CUP CUP CUP CUP(1) -- Y� distribution and transmission substations shall Child day care-more than 8 and up to 14 children P(3) ^P(3) _ P P LUC(2) LUC be screened by a solid wall at least eight(8)feet ---•-------'--"'-"-"'�""-"""""�'-��'�""""'-"' -"""""" "'� high, except as restricted by Sections 36-45, Child day care center P(3)- P(3) P P CUP CUP 36-46,and 36-47. Adult day care center-subject to 41.199.22 of the SAMC P(3) P(3) p P P --- (g) Any activity permitted shall be conducted Hotel,excl.transient residential hotel and long term stay _ P _ ..P P W _-P s - - In such a manner as not to have a detrimental Mortuaries,funeral homes -- --- CUP P� --- effect on permitted adjacent uses by reason of -- - - ------ --�-� " refuse matter,noise,light,or vibration. Personal services _M _......_®_�_�._..m_._.......�._ P _P P-_ .wP .P(2) P(2) Personal services-restricted --- --- CUP CUP CUP --- (h) Small scale industry uses shall require a Tattoo/Body Art Establishments-subject to41.1993oF ----_ _ soild wall or fence not less than eight(8)feet In P P P P the SAMC heightalong any rear or side lot line. _..__._ m,..._____.u.._...»....... :..........._.____..._..®�...__.-.. __.._._..._.....,_._,...... ._.._....... .m.:_.-.. __�.._..__._.�_._.__... (i)All business activities,Including,but not lim- ited to,compounding,processing,packaging or assembly of articles of merchandise and treat- ment of products shall be conducted within a completely enclosed building. No ancillary vehicle maintenance or repair shall be allowed on site, (j) Loading areas shall not be visible from streets. Loading areas not facing a street shall be setback at least thirty-five(35)feet from the property line. 2:3 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 34 EXHIBIT B City of Santa Ana,California Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 72 of 76 Page 1D #:138 Uses Peemitted,cont'd TWe 2A-Use Standards Permit Required by Zone (k) No business activity that generates noise or Land Use Type vSb vat ion shall be conducted between 8:00 p.m.and UC R°' UN-2 UN-1 7:00 a.m.Monday through Friday and 8:00 p.m,and 10:00 a.m.Saturday and Sunday. (1)Operational standards for automobile servicing. SER VICES-B US INES S-FINANCIAL-PRO F ESS IONAL r ----- - -- - - -- --- -w- - r (1) No automobile servicing shalt be con- 4Rank,financial services P P P I P ducted before 7:00 a.m, or after Be00 p.m. Buslnesssupportservlce --^ � _mm Monday through Friday and before 10:00 P P P P P(2) P(2) a.m.or after 13:00 p.m.Satruday and Sunday, Doctor,deent care ..---'-.-- -_.._ Cllnic,urg --- --- CUP P --- --- A�... ..__.-_---_, _____�.--__-_.__- (2) All work shall be conducted Inside an cto ntlst,chiropractor,etc,office PO) W) P{1) P -- enclosed structure. Extended care , _,P .,P P P �.._CUP. (3)Outdoor or overnight vehicle storage Is not Professional/administrative/service office -P(1} P(1) M P(1} - ~P P(2) P(2) permitted. .�..,,,. _.._, .... .. _ SMALL SCALE INDUSTRY Artisan/craft product manufacturing CUP YCUP CUP CUP --- Furniture and fixture manufacturing,cabinet shop P(3)- --- ®P(3) Laboratory-medical-analytical .. _ m,m - P(1)W z P(1) P - --- Manufacturing-IIghY P(3) - P(3) y-- CUP- --- Media production-office or storefront type(no sound stage) P P P(1) --- -- --- Printing and publishing P{1} P Research and development--YWW1_ P(3) --- _P(3) -a- CUP -- TRANSPORTATION,COMMUNICATION, INFRASTRUCTURE Heil5tops �������•�y�®���� -CUP CUP — -- -F�- � _- Parking facility-public or commercial TTT._. _ _ ... p._ P P P Transit station or terminal CUP -- -- CUP --- --- Public utility structure,excluding wireless comunica- �_- _ __- --_ CUP �--- tion facilities MISCELLANEOUS Any structure over four(4)stories in height _ SPR SPR SPR_ SPR SPR m --- Businesses operating between 12 and 7 am _ CUP CUP CUP vCUP aCUP CUPm Alcoholic beverage sales or consumption CUP CUP _ CUP -CUP CUP --_ Key to Zone Symbols TransitVlliage_____ Corridor -__ Downtown UN-2 Urban Neighborhood 2 i Urban Center UN-1 Urban Neighborhood 1 Key P use is permitted subject to compliance with all appli- (1)Use permitted only an second or cable provisions the Santa Ana Municipal Cade upper floors,or behind retail or ser- vice ground floor use. LUC use Is permitted subject to the approval of a Land Use Certificate. (2) Permitted only as part of a vertical mixed use project,with upper floor CUP use is permitted subject to the approval of a residential Conditional Use Permit. (3) Permitted only as part of a mixed use SPR use is permitted subject to the approval of Site Plan project with a commercial or res)den- Review. tial component --use not permitted In particular zones. TRANSIT ZONING CODE 2:4 SPECIFIC DEVELOPMENT 84 City of Santa Ana,California Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 73 of 76 Page ID #J39 TRANSIT ZONING CODE: l]efinition5,cont'd. Light Manufacturing: The manufacture or assembly of products from previously Paseo:a public place or path designed for walking;promenade. treated material where no impact is created to the adjacent uses and no hazardous materials are used in the production of such products. The maximum number of Pedestrian First:The practice of addressing the needs of people,once out of their employees shall be 10. Examples of light manufacturing include: automobiles, through a series of interdependent urban design and streetscape principles(e.g.,wide sidewalks,street trees and shade,on-street parking,outdoor athletic equipment dining,inviting storefronts,the feeling of being in an`outdoor room',short cross- bakeries walk distances,interconnected and short blocks). camera,photo equipment clothing Pedestrian Shed:An area defined by the average distance that may be traversed at electronics an easy pace from its edge to its center in approximately 5 minutes. This distance musical instruments is used to determine the size of a neighborhood. This dimension averages one optical goods quarter of a mile or approximately 1,400 feet for generally flat terrain, woodworking(limited) Personal Services: Establishments providing non-medical services to individuals Lined Block:See'Building Types' as a primary use. Examples of these uses include: Live/Work:See'Building Types' barber,nail salons and beauty shops clothing rental Lot Width:The frontage of a parcel whichan is used to identify the parcel for street dry cleaning pick stores with limited equipment address purposes. home electronics and small appliance repair locksmiths Media production:An establishment dedicated to the production ofvisual pet rooms s with no boarding shoeg repair shops and audio mass media,including television,films,videos,video games, tailors mobile devices,Internet and digital Interactive media,but excludes magazines, These uses may also include accessory retail sales of products related to the ser- newspapers,and periodicals. vices provided. Mixed-Use Building:A structure lawfully containing residential and non-residential Personal Services-Restricted: Personal services that may tend to have a blighting uses, and/or deteriorating effect upon surrounding areas and which may need to be dis- persed to minimize their adverse impacts. Examples ofthese uses include: Multi-Family Builcing:A residential structure lawfully containing two or more dwell- laundromats(self-service laundries). Laundromats shall complywith the level- ing units. opment and performance standards set forth in Section 41-199. massage establishments(licensed,therapeutic)as defined on Section Net Developable Area:The private area defined by blocks which is not to remain 41.1751.1 ofthe SAMC Massageestabliahments shrill cornulv with Article XVfLI for public uses such as Plazas,Greens,Squares,Thoroughfares or Streetscapes. ofChai41 of the SA2v1C. Office: These do not include medical offices(see Clinic,Urgent Care,"and"Doctor, Pawnshops dentist,chiropractor,etc,office.") Planter:The layer of the streetscape which accommodates street trees. Planters may be continuous or individual according to the Thoroughfare and location within 1, Service. Establishments providing direct services to consumers. Examples the neighborhood. ofthese uses include employment agencies,insurance agent offices,real estate offices,travel agencies, utility company offices,elected official satellite offices, Podium: A continuous raised platform supporting a building,or a large block of etc. This use does not include"Bank, Financial Services,"which is separately two or three stories beneath a multi-layer block of a smaller area. defined. Porch:see'Frontage Types' 2. Administrative. Office-type facilities characterized by high employee densi- ties,and occupied by businesses engaged in information processing,and other private Frontage:The privately held layer between the frontage line and the prin- computer-dependent or telecommunications-based activities. Examples of cipal building facade. The structures and landscaping within are held to specific these uses include: standards. The variables of Private Frontage are the depth of the setback and the airline, lodging chain, and rental car company reservation centers, not combination of architectural elements such as fences,stoops,porches and galler- including retail travel agencies ies. These elements influence social behavior in the public realm. The Frontage computer software and hardware design and development layer may overlap the public streetscape in the case of awnings, Galleries and consumer credit reporting Arcades. data processing services health management organization(HMO)offices where no medical services Research and Development: A quasi-industrial facility where creative work is are provided undertaken on a systematic basis in order to increase the stock of knowledge gen- insurance claim processing erally in the fields of medicine,scientific instruments,safety-critical mechanism or mail order and electronic commerce transaction processing high technology. These facilities may include pilot plant operations as an ancillary telecommunications facility design and management use,which shall not exceed 25 percent of the floor area. A facility providing full telemarketing scale production shall be deemed a manufacturing use. 3, Professional. Office-type facilities occupied by businesses that provide Rowhouse:See`Building Types' professional services,or are engaged in the production of intellectual property. Examples of these uses include: Setback:The area of a lot measured from a lot line to a building facade or elevation accounting,auditing and bookkeeping services that must be maintained clear of permanent structures excepting galleries,fences, advertising agencies garden walls,arcades,porches,stoops,balconies,baywindows,and terraces which attorneys are permitted to encroach into the setback subject to the standards established in business associations,chambers cf commerce Division 3 of this Article. commercial art and design services construction contractors(office facilities only) Shared Parking(Park-Once Policy):An accountingfor parking spaces that are avail- counseling services able to more than one function. The requirement is based on a range of parking- court reporting services demand found in mature, mixed-use centers. The Shared Parking ratio varies detective agencies and similar services according to multiple functions in close proximity unlikely to require the spaces design services including architecture,engineering,landscape architce at the same time. This approach to parking uses the following types of parking ture,urban planning in combination to achieve a balanced and distributed supply of parking;off-street educational,scientific and research organizations (surface lots and garages),on-street(parallel and diagonal). financial management and investment counseling literary and talent agencies Shopfront:see'Frontage Types' management and public relations services media postproduction services Stacked Dwellings:See'Building Types' news services photographers and photography studios Stoop:see`Frontage Types' political campaign headquarters psychologists Story:A habitable level within a building from finished floor to finished ceiling: secretarial,stenographic,word processing,and temporary clerical Attics and basements, as defined by the California Building Cade (CBC) are not employee services considered a story for the purposes of determining building height and are sub- security and commodity brokers ject to the applicable requirements of this code and the CBC,except for when the writers and artists offices finished floor level directly above a basement or cellar is more than six feet above grade,such basement or cellar shall be considered a story. 7;3 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT A4 City of Santa Ana,California Case 8,23-cv-00604 Document 1-3 Piled 03/20/23 Page 74 of 76 Page ID #;140 EXHIBIT C 4.1 LAND USES The MEMU Overlay Zone sets forth specific uses to made by the Executive Director of Planning that the be allowed within each district, as shown in Table 3, proposed use is compatible with the overall intent and subject to a MEMU Site Plan Review approval by the character of the MEMU Overlay Zone as specified in Planning Commission. Any use that is not specified as Section 41-601(c) of the Santa Ana Municipal Code permitted or conditionally permitted within the MEMU (SAMC). Overlay Zone is prohibited unless a determination is a_ ® e .• e x C om .a of Special Provisions(references to other 0:1C a applicable code sections or 2 e o O limitations) z� > a Residential Uses Live/Work Units P P P N Subject to Sec.4.1.2 of this division Multiple-Family Residential P P P N Subject to Sec.4.1.3 of this division Non-Residential Uses Art galleries and studios including,but not limited to: photography;fine art;fiber art,printing,lithography,and P P P P calligraphy;ceramic and pottery;glass blowing and sculpting Eating establishments,(cafes,restaurants) P P P P CUP for liquor sales,after hours operation Bakeries P P P P Retail and Service uses P P P P Medical and Dental offices P P P P Professional,administrative and business offices P P P P Child care faclliiles Dovcore centers P P P P Gymnasiums and health clubs N P P CUP Hotels N P P CUP Indoor/outdoor entertainment N P P P As defined in Chapter 41 of the SAMC Religious institutions CUP CUP CUP CUP Schools N P P N Message estabEshments N CUP CUP N Suhieci to Article XVII.I of Chapter 41 of the SAMC Tattoo establishments N P P N Subject to Sec.41-199.3 of the SAMC Temporary outdoor activities LUC LUC LUC LUC I Subjectto Sec.41-195.5 ofthe SAMC Theaters and cinemas N P P P Use/Operational Standards Drive through establishments N N N N -Q-Se'o oneI„ 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page '75 of 76 Page ID #141 OW CITY OF SANT'A ANA Planning and Building Agency - 20 Civic Center Plaza.P.O.Box 1988 Santa Ana,Cal'lfornia 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF SANTA ANA, CA. The City of Santa Ana encourages the public to participate in the decision-making process. The following notice is being provided so that you can ask questions, make comments and stay informed about projects that might be important to you. We encourage you to contact us prior to the Public Hearing if you have any questions. NOTICE IS HEREBY GIVEN -The City Council of the City of Santa Ana will hold a public hearing to receive public testimony and will take action on the item described below. Proposed Action: Adopt an ordinance approving Zoning Ordinance Amendment No. 2022-03 to update various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) related to family daycare, regional planned sign program regulations, massage establishments, medical offices operated in the professional zone, retail uses in industrial zones, trash bin enclosures, Urban Lot Split and Two-Unit Developments standards, various use definitions, regulation of noxious uses, regulation of electric fences, synthetic turf, and clarifications to permitting standards for light processing facilities. Environmental Impact: Pursuant to the California Environmental Quality Act ("CEQA") and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to sections 15061(b)(3) and 15061(b)(5) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment. As a result Environmental Review No. 2022-73 will be filed upon adoption of this ordinance. Meeting Details: This matter will be heard on Tuesday, January 17, 2023, at 5:45 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.or /cc/city-meetings. Written Comments: If you do not wish to appear at the public hearing, you may also send your written comments to the Clerk of the Council, by mail to City of Santa Ana, 20 Civic Center Plaza — M30, Santa Ana, CA 92701 or via e-mail at ecomments Santa-ana.or (reference "City Council meeting") by 12:0.0 p.m. on Monday, the day before the meeting; a-mails received after said time will be on file for public viewing the day after the meeting. Where To Get More Information: All staff reports regarding any item on this agenda are available for public inspection in the Clerk of the Council Office during regular business hours and posted on the City's website the Tuesday before a Council meeting at: https://www.santa- ana.orqlcc/city-me tin s. Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 76 of 76 Page ID #A42 Who To Contact For Questions: Should you have any questions, please contact Ricardo Soto with the Planning and Building Agency by phone at (714) 667-2793 or by email at RSotoCcDsanta- ana.org. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas on espanol, favor de Ilamar a Kelly Arcadia-Tajonar all (714) 647-5881. Neu can lien lac bang tieng Vi6t, An dien thoai cho Tony Lai so- (714) 565-2627. Norma Orozco Acting Clerk of the Council Publish Orange County Reporter- Legals Section; Date: January 6, 2023 Case 8:23-cv-00504 Document 1-4 Filed 03/20/23 Page 1 of 10 Page ID #:143 Exhibit Case 8:23-cv-00504 Document 1-4 Filed 03/20/23 Page 2 of 10 Page ID #:144 February 8, 2023 Via Hand Delivery hare Han. Valerie Amezcua, Mayor Our Hon. Members of City Council Selves Ms. Normal Orozco, City Clerk City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Re: Proposed Ordinance 2022-03 Dear Mayor, Members of the Council, and Ms. Clerk, I currently serve as the chairperson of the board of directors of Share Our Selves ('SOS"). On behalf of SOS, and medical providers impacted by this matter, I would respectfully request that the City Council not proceed today to provide final approval of Ordinance 2022-03 (the "Ordinance"). For the reasons stated below, we at SOS believe that the Ordinance is flawed and needs to be sent back to staff for further review and revision to eliminate its unfair and discriminatory treatment of federally funded, non-profit community health centers, such as SOS and the predominantly Hispanic and Latino individuals it serves in Santa Ana. In this regard, I would kindly ask that the public hearing on the Ordinance be reopened so that I and others supporting SOS be allowed a meaningful opportunity to present our concerns regarding the Ordinance to the Council. As explained below, SOS does not believe that the public notice for the Ordinance was adequate because, among other things, the notice did not alert either non-profit or for-profit medical offices in the City's Professional district that they might be considered to be "government-subsidized" entities that would be subject to the new CUP requirement in the Ordinance if they accepted any federal funds for treating patients on Medicare, for example. We believe that, if that message had been communicated to the public at large, there would have been a lot more people speaking in opposition to the Ordinance on January 17, 2023. As it was, not a single person from the public spoke either in favor of or in opposition to the Ordinance on January 17. That underscores the fact the notice was deficient and helps to explain why representatives of SOS were not in attendance at the hearing on the 17th. Although we believe that the Ordinance should be reworked to eliminate the deficiencies listed below, it should, at a minimum, be clarified to provide that it will not Case 8:23-cv-00504 Document 1-4 Filed 03/2.0/23 Page 3 of 10 Page ID #:145 apply to any planning application that has been submitted before the Ordinance takes effect, such as the Major Remode[Application (the "Application") that SOS's working partner, Turner Healthcare Facilities Acquisition LL.0 ("Turner"), initially submitted to the City on December 22, 2022, and then resubmitted on February 6, 2023, relating to the proposed remodeling of the commercial office building located at 2670 North Main Street in Santa Ana (the "Property") to provide SOS with a new, expanded outpatient clinic (the "Project"). Unless the Ordinance is clarified so that Turner's Application is grandfathered in, and the.new CUP requirement for government-subsidized, non-profit medical offices will not apply to that Application, the benefits of the Project will be lost because the seller of the Property is not willing to provide additional extensions of time to close escrow on the purchase of the Property for the time that it will flake to obtain a CUP for the Project. To lose the Project--which will bring $34 million in construction jobs and resources into the City and will generate at least 120 permanent jobs at the new clinic---would be a tragic outcome for SOS, the City, and its residents, Over the past year, from March 2022 to the present, Turner and SOS have spent hundreds of hours and hundreds of thousands of dollars in preparing plans and meeting with City staff regarding the Project. Now, however, the very life of the Project hangs in the balance and SOS implores the Council to save the Project by either sending the Ordinance back to staff to be revised or clarifying that the Ordinance, in its present farm, will not apply to Turner's Application relating to the Project. Facts Regarding SOS And Its Status As A Regulated Acient of the Federal Government. SOS is a non-profit corporation and community health center that was founded in 1978 for the express purpose of implementing the Directives of the Catholic Bishops of the United States in offering a broad spectrum of services and resources to help those in need. For the past 53 years, has delivered high-quality, accessible, and affordable health care services to individuals and families throughout Orange County. In 201.2, SOS was designated as a Federally Qualified Health Center("FQHC") and it currently provides health services to children, adults, and seniors as well as comprehensive care at its four medical locations in Costa Mesa, Santa.Ana, Mission Viejo, and Newport Beach. For the last 13 years, SOS has been serving the Santa Ana community at its FI Sol Wellness Center located at 1014 North Broadway. Last year in Orange County, SOS provided care to over 14,000 unique patients in connection with approximately 43,000 medical and dental visits. Share Our Selves 2 1 P a g e Case 8:23-cv-00504 Document 1-4 Filed 03/20/23 Page 4 of 10 Page 1D #:146 Of the patients served by SOS, over 79% are of racial and/or ethnic minority backgrounds. 67% percent identify as Hispanic or Latino, 97% percent of SOS' patients are at or below 200% of the Federal Poverty Guideline, while 53% are at or below 100% of the Federal Poverty Guideline. Additionally, 57%of patients are covered by Medi-Cal and/or Medicare, and 24% of the patient population is uninsured. FQHCs are regulated by the Health Resources and Services Administration ("HRSA) of the United States Government. FQHCs receive an annual grant from HRSA for each approved site at which services are provided. In addition, FQHCs receive a higher reimbursement rate for seeing Medicaid (MediCal) patients than do hospitals, non-FQHCs, or practitioners. In exchange for the HRSA grant and higher reimbursement rate, FQHCs must provide cradle to grave primary care services and must accept all patients regardless of insurance status or ability to pay. F"QHC's are also required to establish "sliding scale" fees for uninsured patients based on an assessment of the patient's income relative to federally adjusted poverty line which takes into consideration the size of the individual's household among other factors. FQHCs are required to charge at least a"nominal fee" regardless of how low an individual's income may be_ The Public Health Service Act provides that eligible community health centers and their employees are employees of the federal Public Health Service ("PHS") for certain purposes. The Secretary of Health and Human Services deems a community health center to be a PH employee after the center has qualified for certain federal assistance. Once a community health center is deemed a PHS employee, it enjoys immunity from those acts that relate to its employment, and any actions against it are treated as actions against the United States. Furthermore, for an FQHC receiving funds under 42 U.S.C. § 254b, any officer, governing board member, or employee of such an entity . . . shall be deemed to be an employee of the Public Health Service for purposes such as immunity from liability for medical malpractice, etc. There is, therefore, a direct agency relationship between FQHCs, such as SOS, and the federal government. An Ordinance being considered for adoption by the Council would interfere and conflict with the accomplishment and execution of the full purposes and objectives of Congress, particularly with respect to providing health care to underserved populations. This fact alone presents serious issues concerning the Ordinance. Facts Regard in SOS's Proposed Expansion Proiect. Share Our Selves 3 1 P a g e Case 8:23-cv-00504 Document 1-4 Filed 03/20/23 Page 5 of 10 Page ID #:147 In the fail of 2021, SUS identified significant unmet need for its services in Santa Ana, where it currently operates the El Sol Wellness Center on Broadway. Given the unmet demand, SOS decided to expand its outpatient clinic capacity by replacing its existing facility with a larger one. In February 2022, Turner and SOS signed a Term Sheet outlining the business terms for a longterm "triple net" lease of the Property to SOS as the tenant to operate a healthcare facility. In March 2022, Turner entered into a purchase and sale agreement to acquire the Property and to lease it to SOS upon approval of remodeling plans by the City. The intended lease between Turner and SOS would include a purchase option which would provide SOS with the right to purchase Turner's interest in the Property. The Property is improved with an 18% occupied three-story, 44,066 square foot commercial office building with 139 surface-parking spaces. The proposed Project involves interior tenant improvements to accommodate medical office uses, including primary care, dental, vision, and pharmacy services. The Property is located in Zone P: Professional, which, according to the January 17, 2023 Staff Report for the Ordinance allows for-profit medical offices "lay right," The Unintended Tho Ordinance, . �@t Seriou� Cc��sr�quencea Of,,,,,,,._ The City has not given due consideration to the implications and potential consequences of the Ordinance. First, on its face, the Ordinance purports to subject medical offices operated by"government entities," i.e., by the United States Government or the State .of California, to the City's zoning regulations, but the use of land owned by the U.S; or any state, such California, is never subject to the land use regulations of a city or county. This protection also extends to the agents of state and federal governments that are.directly implementing the goals, objectives, and programs of such governments. Secondly, the Ordinance purports to require a CUP for any medical offices that are operated by any entities that the Ordinance refers to by the overly-broad and vague term "government-subsidized." As such, any medical office that accepts Medicare, Medicaid, Medl-Cal, or government=subsidized insurance would appear to qualify as a "government-subsidized"entity under the current language of the Ordinance. The same would be true of any office that accepted any PPP loans, any Small Business Association loans, any government subsidized malpractice insurance, or any other Kind of grants or loans from the state or federal governments. Unless they were willing to apply for a CUP, the Ordinance would essentially prevent and discourage the owners of any for-profit medical offices in the Professional Share Our Selves 4 1 P a g e Case 8:23-cv-00504 Document 1-4 Filed 03120I23 Page 6 of 10 Page ID #:148 district from applying for or accepting these sorts of grants or subsidized loans, or from accepting payment from patients eligible for Medicare, Medicaid, Medi-Cal, or state subsidized insurance, Since it is hard to imagine that there are any medical offices in the P district that do not accept at least one of these forms of government subsidies, the Ordinance as currently drafted would have an immediate and devastating impact can the ability of medical offices in Santa Ana to serve the City's residents, particularly senior citizens. This would appear to be one of the many"unintended consequences" of approving the Ordinance and it clearly requires the Ordinance to be sent back to staff for further review and revision. Indeed, in the spreadsheet on page 3 of the January 17, 2023 Staff Report for the Ordinance, it appears that staff intended to distinguish between for-profit and non-profit medical offices and did not anticipate that the CUP requirement would apply to for-profit medical offices simply because they might, for example, serve patients covered by Medicare. This ambiguity caused by the vague language of the Ordinance is fatal to its enforcement, and the Ordinance needs to be sent back for further analysis and resolution_ Moreover, because the Ordinance as presently drafted could potentially sweep in all medical offices and discourage them from receiving federal subsidies in order to avoid the CUP requirement, the Ordinance would impermissibly frustrate the purpose of the various state and federal government programs that provide all these farms of financial assistance. This Ordinance will likely have even more severe consequences that the City has not considered. Notably, the City receives millions of dollars of government grants and subsidies; The Staff Report and City Council discussions to date have not considered whether or not explicit discrimination against government medical programs might jeopardize the funding that the City receives itself. SOS submits that, when state and federal agencies learn that the City is directly interfering with the implementation of their health and welfare programs, they may withheld andlor cancel any more funds provided to the City. Additional Deficiencies Invalidating the Ordinance. In addition to the infirmities discussed above, the Ordinance is subject to the following deficiencies that render the Ordinance invalid: 1. Without any rational basis, the Ordinance unlawfully discriminates between for- profit and non-profit medical offices, allowing the former to operate "by right," but requiring the latter to apply for a discretionary CUP which could be denied following a Share Our Selves 6 1 P a g e Case 8:23-cv-00504 Document 1-4 Filed 03I20123 Page 7 of 10 Page ID #:149 public hearing. As such, the Ordinance violates the equal protection clauses of both the U.S. and California Constitutions to the extent that it discriminates between similarly- situated medical offices (for-profit and non-profit) for the illegitimate purpose of regulating how, when, and where non-profit FQHC's, like SOS, can serve poor and homeless minority clients. 2. The Ordinance's unequal treatment of for-profit and non-profit medical offices clearly shows that the ordinance improperly targets the client base served by non-profit entities like SOS. A neutral law found to have a disproportionately adverse effect upon a minority classification will be deemed unconstitutional if that impact can be traced to a discriminatory purpose, i.e., an intent to discriminate against a. particular individual or class of individuals. Discrimination that involves a suspect class requires the City to show a compelling governmental interest to justify such action and the Ordinance points to no such interest. 3. City staff has publicly reported to the Council that the reason for requiring a non- profit medical office to obtain a CUP is so that the City can "ensure that the location and operation of such facilities are compatible with the scale, character, and nature of surrounding properties and neighborhoods." Obviously, the City does not feel that for- profit medical offices raise the same kinds of concerns and thus such businesses do not need to apply for a CUP. The clear implication, therefore, is that non-profit medical offices tend to attract a certain type of"clientele" that the City views as not being "compatible"with "character" of surrounding neighborhoods. That implication has racial and ethnic overtones, considering that the clients that would potentially be served by SUS at the new location in Santa Ana would be mainly persons identifying as Hispanic/Latino; African-American, or other ethnic minorities. Those overtones, in turn, would constitute invidious discrimination in violation of the U.S. and California Constitutions, 4. As a community health center, SOS is one of the intended beneficiaries of a multi-million, multi-year grant from the U.S. Department of Health and Human Services, Office of Minority Health for"Advancing Health Literacy to Enhance Equitable Community Responses to COVID-10." The City also receives funds from the federal government relating to various federal programs, including, but not limited to, the Community Development Block Grant Program, and the Home Investment Partnerships Program. The express terms of these federal grants, as well as other federal laws, including 42 USC §2000d ("Title VI") and the Civil Rights Remedies Equalization Act Share Our Selves 6 1 p a g e Case 8:23-cv-00504 Document 1-4 Filed 03/20/23 Page 8 of 10 Page ID #:150 prohibit the City, as a recipient of federal funding, from engaging in discriminatory conduct. The Ordinance is discriminatory on its face in that it subjects FQHCs, like SOS, to unlawful disparate treatment based on the fact that it primarily serves racial and ethnic minority patients. In.that regard, the Ordinance is also discriminatory in that it will have a disparate impact on such racial and ethnic minority populations served by SOS. 5. A local police power ordinance is invalid if it is arbitrary, discriminatory, unreasonable, oppressive, not substantially related to the public health, safety or welfare or only marginally serves legitimate purposes while infringing on personal interests protected under due'process standards_ Federal and state law provides that cities and counties may not, gnder the guise of the police power, impose restrictions that are unnecessary and unreasonable upon the use of private property or the pursuit of useful activities. Given that the operation and control of FQHCs are legitimate activities in which the federal and state have a considerable interest, the City's unilateral efforts to restrict those activities pursuant to the Ordinance is an improper exercise of its police power and amounts to bad faith. 6. The Ordinance impermissibly discriminates on the basis of disability and violates the Americans with Disability Act in at least three ways: (a) by distinguishing between medical offices specializing in treatment of addiction and all other forms of medical treatment, and imposing special burdens on medical treatment for addiction not applicable to other forms of medical treatment, (b) by preventing disabled individuals who, due to their disability, are reliant on government or charitable assistance from accessing health care on the same terms and in the same medical offices as other patients, and (c) by effectively prohibiting medical offices that have not obtained CUPS from assisting disabled patients who, due to their disability, are reliant on government subsidized forms of payment. 7. The Ordinance impermissibly discriminates on the basis of age, because individuals over 65 qualify for Medicare, and the Ordinance imposes special burdens on facilities that will accept Medicare payments, and prevents medical offices that have not obtained a CUP from serving patients paying through Medicare (i.e. virtually everyone over 65). Share Our Selves 7 l P a 0 e ,r Case 8:23-cv-00504 Document 1.-4 Filed 03/20/23 Page 9 of 10 Page ID #:1.51 8. The Ordinance impermissibly discriminates on the basis of source of payment, and is subject to state and federal preemption, because there are numerous state and federal statutes and regulations forbidding payment discrimination in health care contexts, establishing a clear public policy against source of payment discrimination This gives rise to unlawful discrimination under the U.S, and California Constitutions, as well as state and federal statutes. 9. The Ordinance is internally inconsistent and violates CEQA. Specifically, the Ordinance relies on Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a"project", as defined in Section 15378 of the CEQA Guidelines. However, contrary to these conclusions, the Staff Report for the ordinance indicates that the changes are intended to"create a user friendly environment," and recognizes that the changes duplicate those made in the City's 12/20/2022 Urgency Ordinance. The Staff Report for that ordinance explained that the changes were required to "address current and immediate threats to the public health, safety, or welfare," and that the absence of a conditional use permit requirement for government and philanthropic medical offices "hinder the City's ability to [...I implement a regulatory land use and development framework to promote the health, safety, and the general welfare of the residents of Santa Ana." The Staff Report then explicitly acknowledges the fact that this portion of the ordinance will have an impact on the environment: "The proposed ordinance establishes a decision-making process for the City to identify, evaluate, regulate, address, and reduce the potential impact to the built environment stemming from these land uses." These admissions by the City belie the notion that the Ordinance will not result in any foreseeable direct or indirect physical changes in the environment and preclude the use of the CEQA exemptions relied upon by the City. 10. The Ordinance is a violation of due process and equal protection and freedom of association under the U.S. and California Constitutions in that it impermissibly discriminates (a) against FQHCs and their patients on the basis of homelessness, income, source of income, and reliance on government or charitable assistance and (b) against entities providing medical services on the basis of non-profit status, philanthropic purpose, and receipt of government subsidies. Share Our Selves 8 1 P a g e Case 8:23-cv-00504 Document 1-4 Piled 03/20/23 Page 10 of 10 Page ID #:152 11. The public notice for the first reading of the Ordinance was defective in that it constituted a denial of due process and violated applicable provisions of the Government Code because, among other things, the notice did not reference the Planning Commission's recommendation regarding the Ordinance, diet not indicate the staff was recommending additional changes not included in that recommendation, did not provide any hint or suggestion that non-profit medical offices were going to be treated differently than for-profit medical offices or that for-profit offices might be subject to the Ordinance if they accepted any federal subsidies or reimbursements, and, most importantly, the notice did not indicate that applications that had been duly submitted before the Ordinance took effect were not going to be grandfathered in which is the normal custom and practice with new zoning ordinances. Conclusion. In light of the above-listed problems underlying the Ordinance, SOS respectfully requests that Ordinance either be sent back to staff to cure its deficiencies or that it at least be clarified so that it will not apply to Turner's Application. Thank you. Ernest W. ("Will") Klatte Chair, SOS Board of Directors Share Our Selves 9 P e g e Case 8:23-cv-00504 Document 1-5 Filed 03/20/23 Page 1 of 2 Page Ill #:153 Exhibit Case 8:23-cv-00504 Document 1-5 Filed 03/20/23 Page 2 of 2 Page ID#:154 Sec. 41-313.5. - Uses subject to a conditional use permit in the P district. The following may be permitted in the P district, subject to the issuance of a conditional use permit: a. Convalescent hospitals, nursing homes, rest homes and extended care facilities. b. Hospitals. c. Trade and professional schools. d. Health clubs and gymnasiums. e. Recreational or entertainment uses if carried on in conjunction with any of the uses specified in clauses (e), (f) and (k) of section 41-313. f. Ambulance and emergency medical response services. g. Non-freestanding commercial and service uses which are open at anytime between the hours of 12:00 midnight and 5:00 a.m., provided that such uses also meet the standards for commercial and service uses permitted under.section 41-�13, and further provided that such uses have less than twenty thousand (20,000) square feet of floor area. h. Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty(150)feet of residentially zoned or used property, measured from property line to property line. i. Banquet facilities, subject to development and operational standards set forth in section 41- 199.1. j. Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. k. Adult day care facilities, I. Clubs, fraternities and lodges. m. Bail bond uses, subject to development and operation standards set forth in section 41-323. in. Churches and accessory church buildings. o. Parking lots and parking structures subject to compliance with the requirements of Section 41-324. p. Medical offices operated by government, government-subsidized, not-for-profit, or philanthropic entities. (Ord. No. NS-1732, § 20, 6-25-84; Ord. No. NS-2035, § 2, 11-20-89; Ord. No. NS-2296, § 2, 10-7-96; Ord. No. NS-2445, § 4, 9-18-00; Ord, No. NS-2446, § 13, 9-18-00; Ord. No. NS-2473, § 4, 6-18-01; Ord. No. NS-2661, §4, 9-20-04; Ord. No. NS-2938 § 3 2-20-18 ; Ord. No. NS-2987 , § 4, 4-21-20; Ord. No. NS-3035 , § 8, 12-20-22) Case 8:23-cu-00504 Document 1-6 Filed 03/20/23 Page 1 of 3 Page ID #:155 Exh * bi lt Case 8:23-cv-00504 Document 1-6 Filed 03/20/23 Page 2 of 3 Page lD #:156 Dou Hedelnkamp From: Pezeshkpour,Ali <APezeshkpour@santa-ana.org> Sent: Wednesday, February 8, 2023 8:05 AM To: Kate Hirsh Cc: Matsler, Sean; Paul Simonds Subject: RE: 2670 N. Main Street- Major Remodel Application [External Sender] Hi Kate, Thank I you for your , ur email.The urgency Y Y g y ordinance remains in effect, as the Clty s charter provides that such ordinances take immediate and lasting effect.Therefore,the development project and conditional use permit processes are still applicable to the subject project. If you'd like me to resend that information, please let me know. Thank you, Ali Pezeshlcpour,AICP Planning Manager,Planning Division City of Santa Ana I Planning and Building Agency(M-20) r t 20 Civic Center Plaza I P.O.Box 1988 I Santa Ana,CA 92702 , x (714)647-58821 APezeshkpour@santa-ana.org I (He/Him/His) The mySantaAna mobile app puts the power of the Santa Ana city government in the palm of your hand! The free app allows residents to quickly and easily report issues to the City, access City services, and find news and events. Download the App: Click here to report an issue directly from the City website. From: Kate Hirsh <khirsh@turnerimpact.com> Sent: Monday, February 6, 2023 9:47 AM To: Pezeshkpour,Ali<APezeshkpour@santa-ana.org> Cc: Matsler, Sean<SMatsler@coxcastle.com>; Paul Simonds<paul@curtpringle.com> Subject: 2670 N. Main Street-Major Remodel Application All, I hope all is well. Please see below for a link to drawings for a Major Commercial Remodel Application at 2670 Main Street. I understand that Urgency Ordinance No. 2022-07 is no longer in effect and therefore our application process reverts to the Major Commercial Remodel application. Please review and let me know if you have any questions. Can you please send me an online link so I can pay the fee associated with this submittal? In the drawings you will see that we have reduced the existing building SF to align with the medical office parking requirements.The drawings show that we are significantly reducing the Vt floor building space and replacing it with parking stalls. We are maintaining the 21d and 3rd floors and overall fagade aesthetics.To comply with parking code, we removed a portion of the 3rd floor SF. 1 Case 8:23-cv-00504 Document 1.-6 Filed 03/20/23 Page 3 of 3 Page ID #:157 2670 Main Street-architectural drawings & photo to Sincerely, Kate Kate Hirsh Director Turner Impact Capital 1702 Olympic Boulevard Santa Monica, CA 90404 D: 310.752,9623 J C: 310.658.3219 www.turnerimpact.com 2 Case 8:23-cv-00504 Document 1-7 Filed 03/20/23 Page 1 of 3 Page ID#:158 Exhibit Case 8:23-cv-00504 Document 1-7 Filed 03/20/23 Page 2 of 3 Page ID #:159 From:Arias, Fernanda<farias@santa-ana.org> Sent:Wednesday, March 15, 2023 1:20 PM To: Kate Hirsh<khirsh@turnerimpact.com> Cc: Pezeshkpour,Ali<APezeshkpour@santa-ana.org> Subject:2670 North Main Street(Application Number NONR-2023-73-ALT) [External Sender] Good morning, This email is in response to application number NONR-2023-73-ALT for the property located at 2670 North Main Street, Santa Ana, CA 92705 submitted on February 7, 2023. 1 had previously requested a completed certificate of occupancy application to continue with plan check. However, upon further review that application will no longer be required for this review. Please note that the proposed project will require a Development Project(DP) Review application followed by a Conditional Use Permit(CUP). Instructions and submittals requirements were also provided by the Planning Manager in separate emails on February 8 and March 14 of 2023. Therefore,application number NONR-2023-73-ALT has been closed. In order to request a refund for the application, please provide the following information: 1. Name of refund check recipient(should match original check) 2. Mailing address for check(should match original invoice) 3. Recipient's contact information When you are ready to submit the Development Project Review application, please contact Planning Santa-a„na.org.to request a case planner. Lastly, I have included links to the aforementioned applications for your reference below: o Initial Step(DP): o Development Project Review: htt s: www.santa-ana.or documents develo ment- ro'ect-review- pdcka e .Once the DP process is complete,the Discretionary Phase, below, can commence. o Fees (may be subject to change): ■ DP base fee: $5,216.38 1 Case 8:23-cv-00504 Document 1-7 Filed 03/20/23 Page 3 of 3 Page ID #:160 • Environmental determination fee:$706 ■ Orange County Fire Authority(OCFA) service request fee: $538 o Discretionary Phase.The items below will be required once the DP phase,above, is completed: o Conditional Use Permit(CUP): https://www.santa-ana.org/docum nts/conditiongl-use-permit- A lication . o Submittal Checklist for CUP: htt s: www,santa-ana.or documents submittal-checklist . o Fee:$6,366.00 Please consider this email as official correspondence regarding the outcome of application number NONR-2023-73-ALT. Thank you, Fernanda Arias Assistant Planner I,Planning Division r City of Santa Ana I Planning and Building Agency(M-20) eF' 20 Civic Center Plaza I P.O.Box 1988 1 Santa Ana,CA 92702 (714)667-2792J FArias santa-ana.or I (She/Her) 2 Case 8:23-cv-00504 Document 1-8 Filed 03/20/23 Page I of 5 Page 1D #:161 w Exhibl" t Do6uSign Envelope f�Da4�7 6 8 P�_ E �� 3C � 6 _8 Filed 03/20/23 Page 2 of 5 Page I D #:162 ASSIGNMENT OF CLAIMS AGREEMENT This Assignment of Claims Agreement(the"Agreement") is made and entered into as of March 15, 2023,by and between (1) Turner Healthcare Facilities Acquisition LLC ("Turner"or the"Assignor") and (2) Share Our Selves Corporation, a California nonprofit corporation ("SOS" or the "Assignee") [hereinafter, Turner and SOS shall collectively be referred to as the"Parties" and individually as the "Party"] with respect to the following facts and intentions: RECITALS A. On or about February 25, 2022, Turner and SOS executed a term sheet (the"Terra Sheet"), setting forth that Turner may purchase the real property located at 2670 North Main Street in Santa Ana(the "Main Street Property" or the"Property"), and the parties intention to enter into a 20-year triple-net lease of the Property, with two five- year options to extend,and an option to purchase the Property (the"Lease")which Lease would include the obligation for Turner to renovate the Property into a healthcare facility for SOS (the"Project"). B. On or about March 7, 2022, Turner entered into a Purchase and Sale Agreement and Joint Escrow Instructions (the"PSA")to purchase the Main Street Property from the Himy Family Limited Partnership 11, LP (the"Seller"). The PSA provided Turner with a period of 90 days (the "Inspection Period")to conduct all due diligence of the property, including any attempts to obtain entitlements, approvals, permits, and private party consents necessary for the Project. C. Under the PSA, Turner was required to, and did,place a$270,000 refundable deposit(the"Deposit") into escrow(the"Escrow"), a portion of which was anon-refundable payment of$100.00 in"Independent Consideration" to the Seller. D. In May,July, and November 2022 and February 2023, Turner and the Seller entered into amendments to the PSA(collectively,the "Amendments")to provide for various extensions of the Inspection Period to and including February 10, 2023. E. As consideratioi-r for the extensions contemplated under the Amendments (collectively,the "Extensions"), Turner paid various extension fees (collectively,the "Extension Fees") and released a portion of the funds in the Escrow(the"Released Funds"),totaling $185,000 in Extension Fees and Released Funds. F. During the period from approximately February 2022 to and including the present date, Turner has incurred various costs and expenses in connection with various planning, purchase, development,entitlement, legal, and other activities relating to the Project(collectively, the "Project-Related Costs"), including costs incurred in connection with the minor exception application and the major remodel applications that Turner submitted to the City of Santa Ana(the"City"). G. In December 2022,the City adopted Santa Ana Zoning Ordinance Amendment No. 2022-07 (the "Urgency Ordinance") and, in February 2023, the City 1 Doi:uSign Envelope f�61�A57e,"6"P &-'M3bt3ctU Wf'f-3 Filed 03/20/23 Page 3 of 5 Page ID # 163 adopted Zoning Ordinance Amendment No. 2022-03 (the"Non-Urgency Ord inance")[col lectively the "Ordinances"]. Both of the Ordinances have provisions that allow Medical Offices in the City's "Professional"Zoning District(the"P District")as a matter of right, but the Ordinances also provide that Medical Offices "operated by government, government-subsidized,not-for-profit, or philanthropic entities" are prohibited in the P District unless a conditional use permit is obtained (the"CUP Requirement"). H. Despite a series of communications and meetings with City staff and members of the City Council in which Turner and SOS informed the representatives of the City that, unless the Ordinances were amended to eliminate the CUP Requirement, or Turner and SOS were otherwise exempted from the CUP Requirement, the Seller of the Main Street Property would not agree to any further extensions of time and, as such,not only would the ability to acquire the Property be lost, but the Project would be lost as well. I. The City refused to relent in insisting that the CUP Requirement applied to the Project and that resulted in the termination of the PSA and the cancellation of the Escrow. J. SOS intends to file a lawsuit(the"Action") against the City for compensatory damages and declaratory and equitable relief as a result of the Ordinances and the CUP Requirement. K. Pursuant to this Agreement, Turner intends to assign to SOS all of Turner's claims and causes of action against the City arising out of the matters referenced above. NOW, THEREFORE, for good and valuable consideration,the receipt of which is hereby acknowledged, and in light of the foregoing Recitals which are incorporated herein,the Parties agree as follows: 1. Effective Date. This Agreement shall become effective on the date on which this Agreement has been executed and delivered by both Parties and, upon that occurrence, the "Effective Date"of this Agreement shall be the date first set forth above. 2. Assignment. As of the Effective Date,Assignor hereby sells, conveys, transfers, and assigns to Assignee,and Assignee's successors and assigns, all of Assignor's right,tide, and interest in and to any and all claims, causes of action, demands, rights,privileges, or entitlements, of any kind whatsoever, which Assignor has, or may hereafter have, as against the City, or any of its past,present, or future councilmembers, commissioners, committee members, officers, employees, agents, representatives, attorneys, or insurers (collectively, the City's Related Persons"), based upon any acts or omissions on the part of the City, or on the part of any of the City's Related Persons, occurring prior to the Effective Date of this Agreement, and directly or indirectly arising out of, relating to,resulting from, or in any way connected to,the Project, the Term Sheet, the Main Street Property, the potential Lease,the PSA, the 2 docuSign Envelope@�V 60s2tqS9Wg?)43cM W f'f_3 Piled 03/20/23 Page 4 of 5 Page ID #:164 Seller,the Inspection Period, the Escrow, the Deposit,the Independent Consideration,the Amendments, the Extensions,the Extension Fees,the Released Funds,the Project- Related Costs,the Ordinances, or the CUP Requirement(collectively,the "Assigned Claims"). The Assigned Claims are being assigned to Assignee"as-is"without representation or warranty. 3. Assignee's Discretion. Assignee, in its own name and for its own benefit, shall be entitled to prosecute, collect, settle, compromise, dismiss,release, abandon, or otherwise discharge any or all of the Assigned Claims in any manner as Assignee in its sole discretion deems advisable. Assignee's discretion shall include the decision of whether or not to file the Action,whether or not to settle the Action at any time, including following the entry of judgment, and whether or not to collect any amount awarded in the Action. Assignee agrees that it shall indemnify,protect and hold Assignor harmless for any out-of-pocket, discovery-related or trial-related attorney's fees or costs incurred by Assignor in connection with the Action. 3. Recovery. In the event that SOS obtains any monetary recovery in the Action (the "Recovery"),the first of the Recovery funds shall be distributed to reimburse SOS and Turner for any actual attorney's fees and costs incurred in connection with the Action. In the event the Recovery is not sufficient to fully reimburse both SOS and Turner's actual attorney's fees and costs,the Recovery shall be divided between the Parties on a pro rata basis, based on the percentage of the total amount of attorney's fees and costs that each Party incurred. In the event there are any remaining Recovery funds after reimbursement of the Parties' actual attorney's fees and costs,the Recovery shall be used to satisfy any obligations for cost reimbursement under the Term Sheet that have not been satisfied as of the date of the Recovery(but for the avoidance of doubt, nothing in this Agreement shall modify any obligations under the Terra. Sheet). Thereafter, SOS shall receive a litigation bonus from the Recovery consisting of twenty-five percent (25%) of the total remaining Recovery (net of the Parties' attorney's fees and costs and unsatisfied Term Sheet obligations), to compensate SOS for taking on the risk and cost of pursuing the Action. In the event there are any Recovery funds remaining after payment of the litigation bonus to SOS,those funds will be divided equally between SOS and Turner. 4. Refresentations and Warranties. Each of the Parties represents to the other that: (a) such Party has the sole legal power, right and authority to enter into this Agreement; (b) all requisite corporate action has been taken by such Party in connection with entering into this Agreement; (c)no additional consent of any individual, officer, director, shareholder,partner, member,manager,trustee, trustor, beneficiary, creditor, investor,judicial or administrative body, governmental authority or other Party shall be required for such party to consummate the transaction contemplated by this Agreement; and (d)the individuals executing this Agreement on behalf of such Party have the legal power,right and actual authority to bind such Party to the terms and conditions hereof. 5. Counterparts. This Agreement may be executed electronically and any number of counterparts and shall constitute an agreement binding on both Parties, notwithstanding that both Parties are not signatories to the original or the same 3 Do�u$ttgn Envelope#EA'4'91 -V2-'Otg?343CtM8ifi RP61-8 Filed 03/20/23 Page 5 of 5 Page ID #:165 counterpart provided that all parties are furnished a copy or copies thereof reflecting the signature of all Parties. The Parties have executed this Agreement as of the date first set forth above. ASSIGNOR: TURNER HEALTHCARE FACILITIES ACQUISITION LLC Docu5lgned by: By: Name: Daniel Millman Title: Vice President Date: 3/16/2023 ASSIGNEE: SHARE OUR SELVES CORPORATION By: rDocu5lgned by: t VI! (Por . Name: Christy Ward Title: Chili Executive Officer Date: 4 Case 8:23- 94ATP!PffifflElf 2ollRT,1E6RQ2/911TR1ffWFWAAiq e ID #:166 CIVIL COVER SHEET 8:23-CV-00504 I.(a)PLAINTIFFS ( Check box if you are representing yourself[] ) DEFENDANTS (Check box if you are representing yourself❑ ) SHARE OUR SELVES CORPORATION,a California non- CITY OF SANTA ANA, a municipal corporation, and profit corporation DOES 1 through 10, inclusive (b)County of Residence of First Listed Plaintiff Orange County of Residence of First Listed Defendant Santa Ana_ (EXCEPT IN U.S.PLAINTIFF CASES) (IN U.S.PLAINTIFF CASES ONLY) (c)Attorneys(Firm Name,Address and Telephone Number) If you are Attorneys(Firm Name,Address and Telephone Number) If you are representing yourself,provide the same information. representing yourself,provide the same information. Edmond M, Connor(SBN 65515) 2211 Michelson Drive,Suite 1100 Irvine, CA 92612 II. BASIS OF JURISDICTION(Place an X in one box only.) III.CITIZENSHIP OF PRINCIPAL PARTIES-For Diversity Cases Only (Place an X in one box for plaintiff and one for defendant) PTF DEF PTF DEF ❑1.U.S.Government 3.Federal Question(U,S. Citizen of This State ❑ 1 ❑ 1 Incorporated or Principal Place ❑ 4 ❑ 4 Plaintiff Government Not a Party) of Business in this State Citizen of Another State ❑ 2 ❑ 2 Incorporated and Principal Place ❑ 5 ❑ 5 of Business In Another State 2.U.S.Government ❑4.Diversity(Indicate Citizenship Citizen or subject of Defendant of Parties in Item 111) Foreign Country ❑ 3 ❑ 3 Foreign Nation ❑ 6 ❑ b IV.ORIGIN(Place an X in one box only.) 7,Original ❑ 2.Removed from ❑ 3.Remanded from 4.Reinstated or S.Transferred from Another 6.Multidistrict 8.Multidistrict ProceedingState Court A ❑ Eraser - Direct€it - ppellateCourY Reopened ❑ District {specify} � Transfer � Direct file V.REQUESTED IN COMPLAINT: JURY DEMAND: 0 Yes ❑ No (Check"Yes"only if demanded in complaint.) CLASS ACTION under F.R.Cv.P.23: Yes 0 No [K MONEY DEMANDED IN COMPLAINT: $ 500,000.00 VI.CAUSE OF ACTION(Cite the U.S.Civil Statute under which you are filing and write a brief statement of cause. Do not c€tejurisdictional statutes unless diversity.) 42 U.S.C. § 1983 Violation of Due Process and Equal Protection Under 14th Amendment VII.NATURE OF SUIT(Place an X in one box only). OTHER STATUTES. CONTRACT REAL PRI] ERTY CONT, IMMIGRATION PRISONER PETITIONS PROPERTY RIGHTS ❑ 375 False Claims Act ❑ 1101nsurance ❑ 240 Torts to Land ❑ 462 Naturalization Habeas Corpus: ❑ 820 Copyrights 376 Qui Tam 245 Tort Product Application ❑ 463 Alien Detainee ❑ ❑ 120 Marine ❑ ❑ 830 Patent (31 USC 3729(a)) Liability 465 Other ❑ Sentence10Motions to Vacate 830 Patent Abbreviated 400 State 130 Miller Act 290 All Other Real ❑ ❑ ❑ Immigration Actions ❑ Reapportionment' 140 Negotiable Propert TORTS ❑ 530 General New Drug Application [] 410 Antitrust ❑ Instrument TORTS PERSONAL PROPERTY ❑ 535 Death Penalty ❑ 840 Trademark 150 Recovery of PERSONAL IN'L Other: ❑ 430 Banks and Banking n' ❑ 370 Other Fraud 880 Defend Trade Secrets Act ❑ Overpayment& 310Airpiane ❑ er ❑ 540 Mandamus/Oth of 2016(pT5A) Rat Commerce/ICC Enforcementof ❑ 371 Truth in Lending ❑ Judgment ❑❑ 315 Airplane I] 460 Deportation Product Liability 380 Other Personal ❑ 550CivIl Rig hts SOCIAL SECURITY ❑ 151 Medicare Act ❑ 320 Assault,Libel& ❑ Property Damage El555 Prison Condition ❑ 861 HI (I395$) 470 Racketeer Influ- Slander ❑ enced&Corrupt Org. 152 Recovery of ❑ 385 Property Damage 560 Civil Detainee ❑ 862 Black Lung(923) 330 Fed.Employers' 490ConsumerCredit ❑ Defaulted Stu dent ❑ Product Liability B63DIWC/DIWW(405 ❑ Liability ❑ Conditions of 485 Tel ephone Loan{ExcLVet,} ❑ 9}J ❑ 340 Marine ':BANKRUPTCY. Confinement ❑ Consumer Protection Act 153 Recovery of 422 Appeal FORFEITUREIPENALTY ❑ 864 SSID Title XVl 345 Marine Product ❑ 490 Cable/Sat N ❑ Overpayment of ❑ USC 158 Vet.Benefits Liability 625 Drug Related ❑ 865 RSI(405(g}} 423 Withdrawal 28 ❑ Seizure of Proper 21 850 Sles/E changm ❑ 350 Motor Veh€cle ❑ USC$81 ❑ modities/Exchange 160 Stockholders' USC 1 S7 FEDERAL TAX SUITS 890 Other Statutory ❑ Suits 355 Motor Vehicle CIVICRIGHTS ❑ 690Other Y ❑ 870 Taxes(U.S.Plaintiff or ❑ Actions Product Liability ❑ Defendant) ❑ 190 Other 360 Other Personal 0 440 Other Civil Rights LABOR 891 Agricultural Acts Contract 871 IRS-Third Party 26 USC C ❑ g ❑ injury ❑ 441 Voting ❑ 7710 Fair Labor Standards ❑ 7609 893 Environmental ❑❑ 195 Contract 362 Personal Injury Act Liability ❑ p ❑ 442 Employment ❑ 720 Labor/Mgmt.Product Liabili Med Mal ratite 895 Freedom of Info. ❑ 196 Franchise 365 Personal Injury- ❑ 443 Housing/ Relations ❑ Act ❑ Product Liability Accommodations 740 Railway Labor Act ❑ 896 Arbitration 367 Health Care/ Disabilities 751 Family and Medical ❑ Co Land ❑ Pharmaceutical ❑ ❑ Y 899 Admin.Procedures Condemnation Personal Injury Employment Leave Act ❑ Act/Review of Appeal of ❑ 220 Foreclosure Product Liability 446 American with 790 Other Labor Agency Decision 368 Asbestos ❑ Disabilities-Other ❑ Litigation 950 Constitutionality of 230 Rent Lease& ❑ Personal injury ❑ 791 Employee Ret.Inc. ❑ State Statutes ❑ E'ectment J rY ❑ 448Education --- — ProductLiabilit Security Act FOR OFFICE USE ONLY: Case Number: CY-71(10/20) CIVIL COvt_R SHEET Page 1 of 3 Case 8:23_ &ti R4,&n17I?AY/gATRIP FidltiF�6RPf-Me I U 4:167 CIVIL COVER SHEET Vlll. VENUE: Your answers to the questions below will determine the division of the Court to which this case will be Initially assigned. This Init}al assignment is subject to change,in accordance with the Court's General Orders,upon review by the Court of your Complaint or Notice of Removal. QUESTION A: Was this case removed from state court? STATE CASE WAS PENDING IN THE COUNTY OF: INITIAL blV15101a IN CACD 15: ❑ Yes I] No ❑if"no,"skip to Question B. If"yes,"check the Las Angeles,Ventura,Santa Barbara,or San Luis Obispo Western box to the right that applies,enter the ❑ Orange Southern corresponding division In response to Questlon E,below,and continue from there. ❑ Riverside or San Bernardino Eastern QUESTION B: Is the United States,or B.1. Do 50%or more of the defendants who reside in YES. Your case will initially be assigned to the Southern Division. one of its agencies or employees,a the district reside In orange Co.? ❑ Enter"Southern"in response to Question E,below,and continue PLAINTIFF in this action? from there. check one of the boxes to the right °� ❑ Yes 0 No ❑ NO. Continue to Question B.2. 8. Do or more of the defendants who reside in If"no,"skip to Question C. If"yes,"answer thee districtict re re YES.Your case will initially be assigned to the Eastern Division. side in Riverside and/or San Bernardino Question B.1,at right, Counties? (Consider the two counties together) E] Enter"Eastern"in response to Question E,below,and continue from there. check one of the boxes to the right NO. Your case will initially be assigned to the Western OivWon. ❑ Enter"Western"In response to Question E,below,and continue from there. QUESTION C: is the United States,or C.1. Do 50%or more of the plaintiffs who reside in the YES. Your case will initially be assigned to the Southern Division. one of its agencies or employees,a district reside in Orange Co.? ❑ Enter"Southern"In response to Question E,below,and continue DEFENDANT in this action? from there. check one ofthe boxes to the right �", ❑ Yes ❑x No ❑ NO. Continue to Question C.2. If"no,"skip to Question D. If"yes,"answer C.2, Do 50%or more of the plaintiffs who reside In the YES.Your case will initially be assigned to the Eastern Division. district reside in Riverside and/or San Bernardino g Question C.1,at right. Counties? (Consider the two counties together.) ❑ Enter"Eastern"in response to Question E,below,and continue from there. check one of the boxes to the right NO. Your case will Initially be assigned to the Western Division. ❑ Enter"Western"in response to Question E,below,and continue from there. A. B. C. QUESTION D: Location of plaintiffs and defendants? Riverside or San Los Angeles,Ventura, Orange County Bernardino County Santa Barbara;or San. Luis Obispo County Indicate the location(s)in which 50%or more of plaintiffs who reside in this district reside. (Check up to two boxes,or leave blank if none of these choices apply.) 0 ❑ �] Indicate the location(s)in which 50%or more of defendants who residein this district reside. (Checkup to two boxes,or leave blank if none of these choices 0 apply) El D.I. Is there at least one answer in Column A? D.2. Is thereat least one answer in Column B? 0 Yes ❑ No ❑ Yes ❑ No If"yes,"your case will Initially be assigned to the If"yes,"your case will initially be assigned to the SOUTHERN DIVISION, EASTERN DIVISION. Enter"Southern"in response to Question E, below,and continue from there. Enter"Eastern"in response to Question E, below. If"no,"go to question D2 to the right. "r"I► If"no,"your case will be assigned to the WESTERN DIVISION. Enter"Western"in response to Question E,below. QUESTION E:Initial Division? INITIAL DIVISION iN CACI] Enter the initial division determined by Question A,B,C,or D above: SOUTHERN QUESTION F:Northern Counties? Do 50%or more of plalntiffs or defendants in this district reside in Ventura,Santa Barbara,or San Luis Obispo counties? ❑ Yes 0 No CVai(70i20) CIVIL COVER SHEET Page 2 of 3 Case 8:23-�'kR2 giATPffiliM &1FR�&@�6?AY1911TR'I '�AlfIA3EtRPe ID #:168 CIVIL COVER SHEET IX(a). IDENTICAL CASES: Has this action been previously flied in this court? Q NO YES If yes,list case number(s): IX(b).RELATED CASES: Is this case related(as defined below)to any civil or criminal case(s)previously filed in this court? NO 0 YES If yes,list casenumber(s): 8:23-cV-00183-DOC-KES; SA CV 20-00069-DOC (KESx) ; 8:18-CV-00155-DOC-KES Civil cases are related when they(check all that apply): A, Arise from the same or a closely related transaction,happening,or event; ❑ B. Call for determination of the same or substantially related or similar questions of law and fact;or XL C. For other reasons would entail substantial duplication of labor if heard by different judges. Note: That cases may involve the same patent,trademark,or copyright is not,in itself,sufficient to deem cases related. A civil forfeiture case and a criminal case are related when they(check all that apply): A. Arise from the same or a closely related transaction,happening,or event; B. Call for determination of the same or substantially related or similar questions of law and fact;or C. Involve one or more defendants from the criminal case in common and would entail substantial duplication of labor if heard by different judges. X. SIGNATURE OF ATTORNEY (OR SELF-REPRESENTED LITIGANT): DATE: 03/20/2023 Notice to Counsel/Parties: The submission his Civil Cover Sheet is required by Local Rule 3-1, This Form CV-71 and the information contained herein neither replaces nor supplements the filing and service of pleadings or other papers as required by law,except as provided by local rules of court. For more detailed instructions,see separate instruction sheet(CV-071 A). Key to Statl stical codes relating to Social Security Cases: Nature of Suit Code Abbreviation Substantive Statement of Cause of Action All claims for health insurance benefits(Medicare)under Title 18,Part A,of the Social Security Act,as amended, Also, 861 HIA €nclude claims by hospitals,skilled nursing facilities,etc.,for certification as providers of services under the program, f42 U.S.C.1935FF(b)) 862 BL All claims for"Black Lung"benefits under Title 4,Part B,of the Federal Coal Mina Health and Safety Act of 1969.(30 U.S.C. 923) 863 DIWC All claims filed by insured workers for disability insurance benefits under Title 2 of the Social Security Act,as amended;plus all claims filed for child's insurance benefits based on disability. (42 U.S.C.405(g)) 863 Dlww All claims filed for widows or widowers Insurance benefits based on disability under Title 2 of the Social Security Act,as amended.(42 U.S.C.40S(g)) 864 SSID All claims for supplemental security income payments based upon disabilityfled under Title 16 of the Social Security Act,as amended. 865 RSI All claims for retirement(old age)and survivors benefits under Title 2 of the Social Security Act,as amended. (42 U.S.C.405(g)) CV-71(10/20) CIVIL COVER SHEET Page 3 of 3 _ Case 8:23-cv-00504 Document 4 Filed 03/20/23 Page .1 of 1 Page ID #:171 NAME,ADDRESS,AND TELEPHONE NUMBER OF ATTORNEY(S) OR OP PARTY APPEARING IN PRO PER Connor Fletcher and Hedenkamp LLP Edmond M.Connor Douglas A.Hedenkamp 2211 Michelson Drive,Suite 1100 Irvine,CA 92612 econnor@businesslit.conn;service@businesslit.com; dhedenkamp@businesslit.com 949-622-2600 ATTORNEY(s)FOR! Plaintiff:Share Our Selves Corporation UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SHARE,OUR SELVES CORPORATION,a CASE NUMBER. California non-profit corporation 8:23-cv-00504 Plaintiff(s), v. CITY OF SANTA ANA,a municipal corporation, and DOES 1 through 10,inclusive CERTIFICATION AND NOTICE OF INTERESTED TED PARTIES Defendant(s) (Local Rule 7.1-1) TO: THE COURT AND ALL PARTIES OF RECORD: The undersigned,counsel of record.for Plaintiff,Share Our Selves Corporation a California non-profit corporation or party appearing in pro per, certifies that the following listed party or parties may have a pecuniary interest in the outcome of this case. These representations are made to enable the Court to evaluate possible disqualification or recusal. (List the names of all such parties and identify their connection and interest.Use additional sheet if necessary.) PARTY CONNECTION I INTEREST SHARE OUR SELVES CORPORATION,a California non- Plaintiff profit corporation Turner Healthcare Facilities Acquisition LLC Assignor of Claims to Plaintiff CITY OF SANTA ANA, a municipal corporation,and Defendants DOES 1 through 10,inclusive March 20,2023 Date Signature Attorney of record for(or name of party appearing in pro per): Plaintiff-Share Our Selves Corporation CV 30(O51i 3) NOTICE OF INTERESTED PARTIES Case 8;23-cv-00504-DOC-DFM Document 5 Filed 03/21/23 Page 1 of 1 Page ID #:172 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA NOTICE OF ASSIGNMENT TO UNITED STATES JUDGES This case has been assigned to: District Judge David (),Carter Magistrate Judge D!anglas F. McCormick The case number on all documents tiled with the Court should read as follows: 8;23—sv-00504 DOC MMxl District judges in the Central District of California refer all discovery-related motions to the assigned magistrate judge pursuant to General Order No. 05-07. Discovery-related motions should be noticed for hearing before the assigned magistrate judge. Please refer to the assigned judges' Procedures and_Schedules, available on the Court's website at www.cacd.uscourts. gov/judges-requirements, for additional information. Clerk, U.S. District Court March 21; 2023 By Is/ Geneva Hunt Date Deputy Clerk ATTENTION The party that filed the case-initiating document in this case (for example, the complaint or the notice ofremoval) must serve a copy of this Notice on all parties served with the case-initiating document. In addition, if the case-initiating document in this case was electronically filed, the party that filed it must, upon receipt of this Notice,promptly deliver mandatory chambers copies of all previously filed documents to the newly assigned-districtjudge. See L.R. 5-4.5. A copy of this Notice should be attached to the first page of the mandatory chambers copy of the case-initiating document. CV-18(08/19) NOTICE Or,ASSIGNMENT TO UNITED STATES JUDGES Case 8:23-cv-00504-DOC-DFM Document 7 Filed 03/21/23 Page 1 of 1 Page 1D #:175 UNITED ,STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SHARE OUR SELVES CORPORATION CASE NUMBER.: PLAINTIFF(S), 8.23—cv-00504DOC—DFM V. CITY OF SANTA ANA, et al. Notice to Counsel Re Consent to Proceed DEFENDANT(s). Before a United States Magistrate Judge The parties are advised they may consent to proceed before any available magistrate judge participating in the Voluntary Consent to Magistrate Judges Program to conduct all further proceedings in the case pursuant to 28 U.S.C. § 636(c) and Federal Rules of Civil Procedure 73, The consent list and consent form are available on the court's website at ht : cd.uscourts.goyJLidges-re ements c - ro ams to - onsen - magistrate judges-pr,�gram. To confirm a particular magistrate judge's availability to schedule the trial in the time frame desired by the parties and/or willingness to accommodate any other special requests of the parties,please contact the magistrate judge's courtroom deputy prior to filing the consent. Since magistrate judges do not handle felony criminal trials, civil trial dates are not at risk of being preempted by a felony criminal trial, which normally has priority. Further, in some cases, the magistrate judge may be able to assign an earlier trial date than a district judge. The parties can select a participating Magistrate Judge from any of the three divisions in the Central District of California. There may be other advantages or disadvantages which you will want to consider. The plaintiff or removing party must serve this Notice on each named party in the case. Case 8:23-cv-00504-DOC-DFM Document 6 Filed 03/21/23 Page 1 of 2 Page ID #:173 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NUMBER: SHARE OUR SELVES CORPORATION 8:23—cv-00504—DOC--DFM Plaintiff(s) V. CITY OF SANTA ANA, et al. NOTICE TO PARTIES OF Defendant(s). COURT--DIRECTED ADR PROGRAM NOTICE TO PARTIES: It is the policy of this Court to encourage settlement of civil litigation when such is in the best interest of the parties. The Court favors any reasonable means, including alternative dispute resolution (ADR), to accomplish this goal. See L.R. 16-15. Unless exempted by the trial judge,parties in all civil cases must participate in an ADR process before trial. See L.R. 16-15.1. The district judge to whom the above-referenced case has been assigned is participating in an ADR Program that presumptively directs this case to either the Court Mediation Panel or to private mediation. See General Order No. 11-10, §5. For more information about the Mediation Panel, visit the Court website, www.caed.uscourts.gov, under"ADR." Pursuant to L.R. 26-1(c), counsel are directed to furnish and discuss with their clients the attached ADR Notice To Parties before the conference of the parties mandated by Fed.R.Civ.P. 26(f). Based upon the consultation with their clients and discussion with opposing counsel, counsel must indicate the following in their Joint 26(f) Report: 1) whether the case is best suited for mediation with a neutral from the Court Mediation Panel or private mediation; and 2) when the mediation should occur. See L.R. 26-1(c). At the initial scheduling conference, counsel should be fully prepared to discuss their preference for referral to the Court Mediation Panel or to private mediation and when the mediation should occur. The Court will enter an Order/Referral to ADR at or around the time of the scheduling conference. Cleric, U.S. District Court rc 21. 2023 By Zsl Geneva Hunt Date Deputy Clerk ADR-08(04118) NOTICE TO PARTi s OF COURT DIRIEC UD ADR PROGRAM _ Case 8:23-cv-00504-DOC-DFM Document 6 Filed 03/21/23 Page 2 of 2 Page ID #174 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA NOTICE TO PARTIES: COURT POLICY ON SETTLEMENT AND USE OF ALTERNATIVE DISPUTE RESOLUTION (ADR) Counsel are required to furnish and discuss this Notice with their clients. Despite the efforts of the courts to achieve a fair, timely and just outcome in all cases, litigation has become an often lengthy and expensive process. For this reason, it is this Cow's policy to encourage parties to attempt to settle their disputes, whenever possible, through alternative dispute resolution (ADR). ADR can reduce both the time it takes to resolve a case and the costs of litigation, which can be substantial. ADR options include mediation, arbitration (binding or non-binding), neutral evaluation (NE), conciliation, inini-trial and fact-finding. ADR can be either Court-directed or privately conducted. The Court's ADR Program offers mediation through a panel of qualified and impartial attorneys who will encourage the fair, speedy and economic resolution of civil actions, Panel Mediators each have at least ten years of legal experience and are appointed by the Court. They volunteer their preparation time and the first three hours of a mediation session. This is a cost-effective way for parties to explore potential avenues of resolution. This Court requires that counsel discuss with their clients the ADR options available and instructs them to come to the initial scheduling conference prepared to discuss the parties' choice of ADR option. The ADR options available are: a settlement conference before the magistrate judge assigned to the case or the magistrate judge in Santa Barbara, the Court Mediation Panel, and private mediation. Counsel are also required to indicate the client's choice of ADR option in advance of the initial scheduling conference. See L.R. 26-1(c) and Fed.R.Civ.P. 26(f). Clients and their counsel should carefully consider the anticipated expense of litigation, the uncertainties as to outcome, the time it will take to get to trial, the time an appeal will take if a decision is appealed, the burdens on a client's time, and the costs and expenses of litigation in relation to the amounts or stakes involved. Each year thousands of civil cases are filed in this district, yet typically no more than one percent go to trial. Most cases are settled between the parties, voluntarily dismissed, resolved through Court-directed or other forms of ADR, or dismissed by the Court as lacking in merit or for other reasons provided by law. For more information about the Court's ADR Program, the Mediation Panel, and the profiles of mediators, visit the Court website, www.caed.uscourts.gov, under "ADR." ADR-08(04/18) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM CLERK. FILED US. DISTRICT COUNT 1 2 AUG 3 $ N CIS I F CALIFORNIA DEPUTY 4 5 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 I I IN THE MATTER OF GENERAL ORDER NO. I I-10 12 ALTERNATIVE DISPUTE ((Supersedes General Orders 13 RESOLUTION (ADR)PROGRAM No. 04-01 and No. 07-01) 14 15 1. SCOPE AND PURPOSE 16 1 1.1 Scone. This General Order("Order")governs the elective and 17 presumptive referral of certain actions to the Alternative Dispute Resolution (ADR) 18 Program for mediation with a neutral from the Mediation Panel (previously known 19 as the Attorney Settlement Officer Panel) appointed by the Court. The Order shall 20 be effective on December 1,2011 and applies to actions which fall within the scope 21 of this Order,regardless of when the actions commenced. 22 1.2 Purpose. The Court finds that the number of criminal and civil cases 23 in this District, together with the adoption of Congressional requirements for the 24 priority scheduling of criminal trials and the shortage of Judges in this District, have 25 placed significant pressures on litigants, counsel, and the Court. The purpose of the 26 ADR Program is to alleviate some of these pressures and to encourage the fair, 27 speedy, and economical resolution of controversies by referring suitable cases to an 28 impartial neutral who is experienced in one or more designated areas of law and in General Order No. 11-10 1 the process of alternative dispute resolution. 2 3 2. ADMINISTRATION 4 2.1 ADR Judge. A district judge shall be appointed by the Chief Judge 5 to serve as Chair of the ADR Committee. That judge will also serve as the ADR 6 Judge of this Court. The ADR Judge shall serve as the primary liaison between the 7 Court and ADR Program staff, consulting with staff on matters of policy, program S design and evaluation, education, training and administration. 9 2.2 Appointment of the ADR Program Director. The ADR Program 10 shall be coordinated by an ADR Program Director at the direction of the Clerk of 11 Court. 12 2.3 Duties of the ADR Program Director. The duties of the ADR 13 Program Director shall be established by the Court, and shall include the following: 14 (a) Maintain, on the Court website, the current list of panel members 15 available to act as mediators; 16 (b) Report to the Court on the status and effectiveness of the ADR 17 Program, and maintain records, including disposition and 18 success rates, for this purpose; 19 (c) Serve as a neutral in selected cases; 20 (d) Perform any additional duties as the Court may direct which are 21 necessary for the efficient administration of the ADR Program. 22 2.4 Duties of the Bar. The Central District's Lawyer Representatives' 23 Mediation Panel Selection Committee will assist the Court with the ADR Program 24 in the following ways: 25 (a) Recruit suitable candidates for the Mediation Panel; 26 (b) Review candidate applications for the Mediation Panel and 27 provide advice to the Court in connection with the selection and 28 appointment of panel members; and 2 General Order No. 11-10 1 (c) Perform such additional duties as the Court may direct which are 2 necessary for the efficient administration of the ADR Program. 3 4 3. MEDIATOR QUALIFICATIONS AND SELECTION 5 3.1 Qualifieations. A person may serve as a member of the Mediation 6 Panel if- 7 (a) the person has been a United States Appellate, District, S Magistrate or Bankruptcy Judge, or a California Judicial Officer; 9 or 10 (b) the person is currently a member in good standing of the Bar of 11 the United States District Court, Central District of California, 12 with at least 10 years legal practice experience, substantial 13 experience with or knowledge of civil litigation in federal court, 14 and significant expertise in one or more of the following areas: 15 (1) Admiralty 16 (2) Americans with Disabilities Act 17 (3) Antitrust 18 (4) Bankruptcy 19 (5) Business/Commercial Litigation 20 (6) Civil Rights 21 (7) Class Actions 22 (8) Consumer Credit 23 (9) Copyright/Trademark 24 (10) Employment/Discrimination/Wrongful Termination 25 (11) Environmental 26 (12) ERISA 27 (13) Foreclosure 28 (14) Insurance Coverage/Bad Faith 3 General Order No. 11-10 1 (15) Labor 2 (16) Patent 3 (17) Personal Injury 4 (18) Products Liability 5 (19) Real Estate/Construction 6 (20) Securities 7 (21) Tax 8 The Court may modify these and other minimum requirements in individual 9 circumstances for good cause. The Court shall only make such modification upon a 10 determination that the applicant has demonstrated satisfactory evidence of sufficient 11 education, training, skills and/or experience. 12 3.2 Training Requirements. In order to qualify for appointment to the 13 Mediation Panel, an applicant shall successfully complete a court-conducted 14 training course in mediation or provide proof that he or she has successfully 15 completed a court-approved training course in mediation. In order to qualify for 16 subsequent reappointments to the Mediation Panel, an applicant shall agree to 17 periodically participate in court-conducted or court-approved refresher or advanced 18 training. The Court may, in its discretion, waive the training requirements upon 19 application by the individual. 20 3.3 Application for Appointment to Mediation Panel. An application 21 for appointment to the Mediation Panel may be obtained from the ADR Program 22 Director or downloaded from the Court's website, www.cacd.uscourts.gov. The 23 application shall be submitted to the ADR Program Director. 24 3.4 Appointment of Mediators to Panel. Mediators shall be appointed to 25 the Mediation Panel by the Court. A panel member may ask the ADR Program 26 Director at any time to have his or her name removed from the panel roster. The 27 Court may, in its sole discretion, remove any person from the Mediation Panel who 281 violates this Order, see Section 11, or is unable to commit sufficient time to, or 4. General Order No. 11-10 1 otherwise meet the requirements of, panel membership. 2 3.5 "Perm of Appointment. Appointment to the Mediation Panel shall be 3 for a term of two years. The term may be renewed at the discretion of the Court 4 upon the consent and re-application of the panel member. Panel members who do 5 not reapply for appointment at the expiration of the two-year term will be removed 6 from the panel roster. 7 3.6 Oath Required. Every mediator appointed to the Mediation Panel shall 8 take the oath or affirmation prescribed in 28 U.S.C. § 453. 9 3.7 Minimum Case Requirement. Panel members are expected to mediate 10 a minimum of two cases per appointment term. At least one case per term shall be a 11 case that has been assigned by the Court. Panel members who do not meet the 12 minimum case requirement will not be reappointed at the end of their term unless 13 they contact the ADR Program Director and establish good cause for reappointment. 14 3.8 Compensation. 15 (a) Volunteer time. Panel members shall volunteer their preparation 16 time and the first three hours of a mediation session. After three hours of a 17 mediation session, the panel member may (1) give the parties the option of 18 concluding the mediation; (2) continue the mediation and volunteer his or her time; 19 or (3) continue the mediation on such terms and rates as the panel member and all 20 parties agree. The mediation session will continue beyond three hours only if all 21 parties and the panel member agree. 22 (b) Payment. If the mediation session continues beyond three hours, 23 the terms and conditions of payment must be clearly communicated in writing to the 24 parties. The parties may agree to pay the fee in other than equal portions. The 25 parties must pay the mediator directly, or the mediator's law firm or employer, as 26 directed by the mediator. On a form survey provided by the Court (in the form 27 attached as "Exhibit r", see section 8.8 below), the mediator must promptly report to 28 the ADR Program the amount of payment received. 5 General Order No. 11-10 1 3.9 Limits on hole of Mediator. The panel member has no authority to 2 render a decision or to dictate a settlement. 3 3.10 Immunities. Panel members are performing quasi-judicial functions 4 and are entitled to the inununities and protections that the law accords to persons 5 serving in such capacity. 6 3.11 Disqualification of Mediators. 7 (a) Applicable Standards. No person may serve as a neutral in a 8 case in the Court's ADR Program in violation of: 9 (1) the standards set forth in 28 U.S.C. § 455; or 10 (2) any applicable standard of professional. responsibility or 11 rule of professional conduct; or 12 (3) other guidelines adopted by the Court concerning 13 disqualification of neutrals. 14 (b) Mandatory Disqualification and Notice of Recusal. A 15 prospective neutral who discovers a circumstance requiring disqualification must 16 immediately notify the parties and the ADR.Program Director in writing. The 17 parties may not waive a basis for disqualification that is described in 28 U.S.C. § 18 455(b). 19 (c) Disclosure and Waiver of Non-Alandatory Grounds for 20 Disqualification. If a prospective neutral discovers a circumstance that would not 21 compel disqualification under an applicable standard of professional responsibility 22 or rule of professional conduct or other guideline, or under 28 U.S.C. § 455(b), but 23 that might be covered by 28 U.S.C. § 455(a) (impartiality might reasonably be 24 questioned), the neutral shall promptly disclose that circumstance in writing to all 25 parties and the ADR Program Director. A party who has an objection to the neutral 26 based upon an allegation that the neutral has a conflict of interest must present this 27 objection in writing to the ADR Program Director within 10 calendar days of 28 learning the source of the potential conflict or shall be deemed to have waived 6 General Order No. I I A 0 1 objection. 2 (d) Objections Not Based on Disclosure By Neutral. Within 7 days 3 of learning the identity of a proposed neutral, a party who objects to service by that 4 neutral must deliver to the ADR Program Director and to all other counsel a writing 5 that specifies the bases for the objection. The ADR Program Director shall 6 determine whether the proposed neutral will serve or whether another neutral should 7 be appointed. 8 3.12 Related Cases/Multiple Cases with Common Party. A panel 9 member may conduct a mediation for a group of related cases or a group of cases 10 with one common party if(1) all parties to all cases agree, in writing, (2) all parties 11 to all cases agree, in writing, to compensation terms and rates of the mediator, 12 subject to the limitations of section 3.8 above, and (3) the panel member discloses to 13 all parties the number of cases in which the panel member has previously conducted 14 mediations involving any of the parties participating in the current proceeding. 15 3.13 Members of Mediation Panel. All attorneys who are serving on the 16 Court's Attorney Settlement Officer Panel as of the date this Order becomes 17 effective shall automatically be appointed as members of the Mediation Panel after 18 they have taken the oath or affirmation prescribed in 28 U.S.C. § 453. 19 20 4. ADR PROGRAM GENERAL PROVISIONS 21 4.1 Referral to the Court's Mediation Panel. Cases may be referred to 22 the ADR Program for mediation with a neutral from the Mediation Panel in one of 23 two ways: 1) through the Court-Directed ADR Program, as described in section 5 24 below; and 2) under Civil L.R. 16-15, as described in section 6 below. 25 4.2 Description: Mediation. Mediation is a flexible, non-binding, 26 confidential process in which a neutral person (the mediator) facilitates settlement 27 negotiations. The mediator improves communication across party lines, helps 28 parties articulate their interests and understand those of their opponent, probes the 7 General Order No, 11-10 1 strengths and weaknesses of each party's legal positions, identifies areas of 2 agreement and helps generate options for a mutually agreeable resolution to the 3 dispute. A hallmark of mediation is its capacity to expand traditional settlement 4 discussion and broaden resolution options, often by exploring litigant needs and 5 interests that may be formally independent of the legal issues in controversy. 6 _ __ 4.3 Status of Discovery, Motions and Trial During the ADR Process. 7 Any case referred to the ADR Program continues to be subject to management by 8 the judge to whom it is assigned. Selection of a case for ADR has no effect on the 9 normal progress of the case toward trial. Referral of a case to ADR is not grounds 10 for avoiding or postponing any deadline or obligation imposed by the case 11 management order, unless so ordered by the Court. 12 4.4 Cases Assigned to a Magistrate Judge Pursuant to 28 U.S.C. 13 _ 636 c and the .Local Civil Rules. The provisions of this Order are applicable to 14 those cases that are assigned to a magistrate judge pursuant to 28 U.S.C. § 636(c) 15 and the Civil Local Rules if the magistrate judge determines that the case would 16 benefit from participation in the ADR Program. 17 4.5 Case Types Exempted. 18 The following case types shall not be referred to the Mediation Panel: 19 (a) habeas corpus and extraordinary writs; 20 (b) immigration and naturalization; 21 (c) prisoner civil rights; 22 (d) social security; 23 (e) petitions to enforce IRS summonses. 24 4.6 Cases Involving a Self-Represented Party. The Court, in its 25 discretion, may order a case involving a self-represcnted party to the Mediation 26 Panel. In such cases, within seven (7) days of the Order/Referral to ADR, the party 27 proceeding without a lawyer and the opposing counsel must arrange for a phone 28 conference with the ADR Program Director to discuss ADR options. 8 General Order No. 114 0 1 5. REFERRAL, OF CASES TO THE COURT-DIRECTED ADR 2 PROGRAM 3 5.1 Court-Directed ADR Program. With the exception of those case 4 types exempted in section 4.5 above and cases involving a party who is not 5 represented by counsel (see section 4.6), all civil cases which are assigned to judges 6 participating in the Court-Directed ADR Program are presumptively referred to the 7 Mediation Panel or a private dispute resolution process. The participating judges 8 are listed on the court website, www.caed.uscourts.gov, ADR section,under "List of 9 District Judges Participating in the ADR Program." In all such cases, a "Notice to 10 Parties of Court-Directed ADR Program" in the form attached as "Exhibit C" will 11 be provided to counsel at the time of the filing of the complaint or notice of removal 12 for service on all parties. Counsel are required to furnish and discuss with their 13 clients the "Notice to Parties: Court Policy on Settlement and Use of Alternative 14 Dispute Resolution" (the "ADR Notice to Parties") and the ADR options available 15 to them before the conference described in section 5.2 below. 16 5.2 The Parties' Duty to Consider ADR, Confer and Report. Unless 17 otherwise ordered, at the conference of the parties held pursuant to Fed. R. Civ. P. 18 26(f) and Civil L.R. 26-1, counsel shall meet and confer about whether their case is 19 best suited to a mediation with a neutral selected from the Mediation Panel or a 20 private mediation, and when the mediation should occur. See Civil L.R. 26-1(c). 21 The parties shall include their shared or separate views regarding the appropriate 22 ADR procedure and proposed date of the session in the written report required by 23 Fed. R. Civ. P. 26(f) and Civil L.R. 26-1. 24 5.3 Order/Referral to ADR. After considering the parties' written report 25 required by Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, the assigned judge will file an 26 Order/Referral to ADR, in the form attached as "Exhibit B." 27 5.4 Discretionary Referral. For cases that do not meet the criteria of 281 section 5.1 of this Order but which the assigned judge determines would benefit 9 General Order No, 11-10 1 from participation in this Program, the assigned judge may file an "Order/Referral to 2 ADR," in the form attached hereto as "Exhibit B." 3 5.5 Cases Transferred to a Judge Participating in the Court-Directed 4 ADR Program. For cases that are transferred to a judge participating in the 5 Court-Directed ADR Program, a "Notice to Parties of Court-Directed ADR 6 Program" in the form attached as "Exhibit C" will be provided to counsel at the time 7 of the transfer by the courtroom deputy clerk for the judge receiving the case. 8 5.6 Cases Transferred From a Judge Participating in the Court- 9 Directed ADR Program to a Judge Not Participating in the Court-Directed 10 ADR Program. The provisions of this section are applicable to those cases that 11 are transferred to a judge who is not participating in the Court-Directed ADR 12 Program but who determines that the case would benefit from and should.remain in 13 the Court-Directed ADR Program. If the judge who is not participating in the 14 Court-.Directed ADR Program determines that the transferred case would not benefit 15 from mediation with a neutral selected from the Mediation Panel or private 16 mediation, then an order vacating the referral in the form attached hereto as "Exhibit 17 D" will be prepared and filed by the courtroom deputy clerk for the judge receiving 18 the case. 19 5.7 Change in Ordered ADR Procedure. If all parties wish to request a 20 change from the ordered.ADR Procedure — from the Mediation Panel to private 21 mediation or from private mediation to the Mediation Panel —the parties shall file a 22 Request: ADR Procedure Selection (Exhibit A). In such instances, counsel shall 23 also notify the ADR Program Director of this change. 24 25 6. REFERRAL OF CASES TO ADR PROGRAM PURSUANT TO CIVIL 26 LOCAL RULE 16s-15.2 27 6.1 Cases Referred Pursuant to the Court-Directed ADR Program 28 Excepted. Nothing in this section shall apply to cases referred to the ADR 10 General Order No. 11-10 1 Program pursuant to the Court-Directed ADR Program. Rules for the Court- 2 Directed ADR Program are found in section five of this Order. 3 6.2 The Parties' Duty to Consider ADR, Confer,and Report. Unless 4 otherwise ordered, at the conference of the parties held pursuant to Fed. R. Civ. P. 5 26(f) and Civil L.R. 26-1, counsel shall meet and confer about which of the three 6 ADR procedures specified in Civil L.R. 16-15.4 (a settlement proceeding before the 7 assigned district judge or magistrate judge, the Mediation Panel or private 8 mediation) is best suited to the case and when the ADR session should occur. See 9 Civil L.R. 26-1(c). The parties shall include their shared or separate views 10 regarding the appropriate ADR procedure and proposed date of the session in the 11 written report required by Fed. R. Civ. P. 26(f) and Civil L.R. 26-1. This report 12 must be accompanied by a Request: ADR Procedure Selection, in the form attached 13 as "Exhibit A."See Civil L.R. 16-15.2. 14 6.3 Order/Referral to ADR. After considering the parties' written report 15 and Request: ADR Procedure Selection, the assigned judge will file an Order/ 16 Referral to ADR, in the form attached as "Exhibit B." 17 6.4 Referral to or Change in ADR at Any Time After Issuance of Initial 18 Case Management or Scheduling Order. At any time after issuance of the initial 19 case management or scheduling order and before entry of final judgment, if all 20 parties agree that referral to a particular ADR procedure is appropriate, or wish to 21 request a change to the ordered ADR procedure, the parties shall file a Request: 22 ADR Procedure Selection (Exhibit A). 23 24 7. SELECTION AND ASSIGNMENT OF MEDIATOR 25 7.1 Selection of Mediator. 26 (a) By Stipulation. The parties may stipulate to a mediator from the 27 Mediator Panel list maintained by the ADR Program Director and made available on 28 the Court's website. Upon obtaining the consent of the selected mediator, the 11 General Order No. 11-10 1 parties shall file a Stipulation Regarding Selection of Mediator, in the form attached 2 hereto as "Exhibit E." If the parties have not filed a Stipulation Regarding Selection 3 of Mediator within twenty-one (21) days from the Order/Referral to ADR, the ADR 4 Program Director will assign a mediator. 5 (b) By Assignment. If the parties are unable to stipulate to a 6 mediator, they may ask that the ADR Program Director assign a mediator from the 7 Panel list. Such request for assignment shall be made by filing a Stipulation 8 Regarding Selection of Mediator, in the form attached hereto as "Exhibit E." 9 7.2 Notice of Assignment of Mediator. A "Notice of Assignment of 10 Mediator" in the form attached hereto as "Exhibit F" shall be filed by the ADR 11 Program in every case in which a mediator from the Mediation Panel is selected by 12 the parties or assigned by the ADR Program Director. The ADR Program will 13 provide the panel member with a copy of the Notice of Assignment, a copy of the 14 current docket sheet and copies of any documents from the case file identified by 15 the panel member as being necessary for his or her preparation for the mediation. 16 17 8. ]PROCEDURES FOR SCHEDULING AND CONDUCTING THE 18 MEDIATION 19 8.1. Mediator's Initial Communication with Counsel. Within thirty (30) 20 days of the Notice of Assignment of Mediator, the panel member must communicate 21 with counsel to schedule the mediation session. The communication may take the 22 form of a brief joint telephone conference with counsel, as described below, or in 23 writing, at the mediator's discretion. A joint telephone conference with counsel 24 would likely include a discussion of the following matters: 25 (a) fixing a mutually convenient date, time and place for the 26 mediation; 27 (b) the procedures to be followed during the mediation; 28 (c) who shall attend the session on behalf of each party; 12 General Order No. 11-10 1 (d) what material or exhibits shall be provided to the mediator prior 2 to the mediation or brought by the parties to the mediation; 3 (e) any issues or matters that the mediator would like the parties to 4 address in their written mediation statements; 5 (f) page limitations for mediation statements; 6 (g) whether the parties are likely to want to continue beyond the 7 three pro bono hours offered by the panel member and, if so, the 8 terms and rates of the panel member (see section 3.8 above); and 9 (h) any other matters that might enhance the quality of the 10 mediation. 11 8.2 ' Notice: Date and Location of Mediation. Within thirty-five (35) days 12 of the Notice of Assignment of Mediator, the mediator shall advise the ADR 13 Program of the scheduled date of the mediation by filing a Notice of Mediation 14 Date, in the form attached as "Exhibit G," or by other communication. The 15 mediator shall strive to schedule the mediation for the earliest possible date after the 16 parties have had reasonable time to evaluate their case, thus minimizing the expense 17 of the litigation. The mediation must be completed within the time-frame ordered 18 by the assigned judge or, if no completion date has been ordered, no later than forty- 19 five (45) days before the Final Pretrial Conference. See Civil L.R. 16-15.2. 20 Counsel may seek a continuance of the ADR deadline from the assigned judge for 21 good cause. The Court shall provide suitable space for the mediation if a request is 22 made to the ADR Program Director. if, for any reason, the mediator is unable, 23 within thirty-five (35) days of the Notice of Assignment, to set a mediation date, the 24 mediator shall notify the ADR Program Director that a mediation could not be 25 scheduled. 26 8.3 Continuances and Rescheduling. No continuance or rescheduling 27 of the mediation shall be granted except upon agreement of the mediator. The ADR 28 1 Program Director shall be notified of any continuance or rescheduling of the 13 General Order No, 11-10 1 mediation. Any continuance of the mediation beyond the completion date ordered 2 by the judge or imposed by local rule must be approved by the assigned judge. 3 8.4 Mediation Statements. 4 (a) Content and Timing. At the request of the mediator, each party 5 shall submit directly to the mediator a confidential mediation statement no later than 6 seven (7) calendar days before the session. The mediation statement shall outline 7 the underlying facts of the dispute, the key legal issues in the case, possible areas of 8 agreement and options for settlement, and the settlement history of the dispute, if 9 any. The mediation statement shall also identify, by name, and title or status: 10 (1) the person(s) with decision-making authority who, in 11 addition to counsel, will attend the mediation on behalf of 12 the party; and 13 (2) person(s) connected with either party (including insurer 14 1 representatives) whose presence at the mediation might 15 substantially improve the productivity of the mediation or 16 the prospects for settlement. 17 (b) Confidential Nature of Statement. Mediation statements shall 18 be subject to the protection afforded by the confidentiality provisions contained in 19 section 9 below. Mediation statements must not be Filed and the assigned judge 20 shall not have access to them. The mediator may, with the consent of the parties, 21 request that counsel serve the statements on other parties to the lawsuit. 22 8.5 Appearance b, Party Representative. Each party shall appear at the 23 mediation in person or by a representative with final authority to settle the case, 24 which in the case of lawsuits brought against the United States or any of its agencies 25 as a party, shall involve the attendance of an attorney charged with responsibility for 26 the conduct of the case and who has final settlement authority as provided by his or 27 her superiors. A corporation or other non-governmental entity satisfies this 28 attendance requirement if represented by a person who has final settlement authority 14 General Order No. 11-10 1 and who is knowledgeable about the facts of the case. Representatives of insurers 2 with decision-making authority are required to attend mediation sessions, unless 3 personal attendance is excused by the mediator. At the discretion of mediator, and 4 only with the mediator's express authorization, parties residing outside the Central 5 District may have a representative with final settlement authority available by 6 telephone during the entire proceeding, in lieu of personal appearance. See Civil 7 L.R. 16-15.5(b). 8 8.6 Attendance of Trial,Attorney. Each party shall be represented at 9 the mediation by the attorney who is expected to try the case, unless excused for 10 good cause by the mediator, in accordance with Civil L.R. 16--15.5(c). 11 8.7 Participant Surveys. At the time of the mediation, the mediator shall 12 distribute to each litigant and attorney an "ADR Program Participant Survey" in the 13 form attached hereto as Exhibit J, to be returned directly to the ADR Program. The 14 Participant Surveys are not to be fled with the Court. 15 8.8 Attendance Sheet and `Survey for Mediators and Report of 16 Payment.' The mediator shall collect contact information from each mediation 17 participant on the Mediation Attendance Record in the form attached hereto as 18 "Exhibit H." The mediator shall submit the completed form directly to the ADR 19 Program, with the "Survey for Mediators and Report of Payment," in the form 20 attached hereto as "Exhibit 1." The Mediation Attendance Record and Mediator 21 Survey are not to be filed with the court. The ADR Program will use the 22 Attendance Record to follow up with those participants of the mediation session 23 who have not yet returned an "ADR Program Participant Survey," in the form 24 attached hereto as "Exhibit J." 25 8.9 Report to the Court. Within five days after the conclusion of the 26 mediation session, the mediator shall electronically file with the Court a "Mediation 27 Report" in the form attached hereto as "Exhibit K," advising the Court as to whether 28 the parties appeared at the mediation as required by Civil L.R. 16-15.5(b) and 15 General Order No. 11-10 1 whether or not the case settled. Regardless of the outcome of the mediation session, 2 the mediator will not provide the judge with any details of the substance of the 3 mediation session. With the tiling of the Mediation Report, the parties are advised 4 that they must notify the trial judge's courtroom deputy clerk of the fact of 5 settlement and promptly file documents regarding the final disposition of the case. 6 See Civil L.R. 16-15.7. 7 If no mediation was held, the mediator shall electronically file with the Court 8 a Mediation Report, indicating that a mediation did not take place. If the case did 9 not settle at the mediation session but is later settled with the assistance of the 10 mediator, the mediator shall file a subsequent Mediation Report. 11 12 9. CONFIDENTIALITY 13 9.1 Confidential 'Treatment. Except as provided in section 9.2 below, this 14 Court, the mediator, all counsel and parties, and any other persons attending the 15 mediation shall treat as "confidential information" the contents of the written 16 mediation statements, any documents prepared for the purpose of, in the course of, 17 or pursuant to the mediation, anything that happened or was said relating to the 18 subject matter of the case in mediation, any position taken, and any view of the 19 merits of the case expressed by any participant in connection with any mediation. 20 "Confidential information" shall not be: 21 (a) disclosed to anyone not involved in the litigation; 22 (b) disclosed to the assigned judges; or 23 (c) used for any purpose, including impeachment, in any pending or 24 future proceeding in this court or any other foram. 25 9.2 Limited Exceptions to Confidentiality. This rule does not prohibit: 26 (a) disclosures as may be stipulated by all parties and the mediator; 27 (b) disclosures as may be stipulated by all parties, without the 28 consent of the mediator, for use in a subsequent confidential 16 General Order No. 11-10 1 ADR or settlement proceeding; 2 (c) a report to or an inquiry by the ADR Judge pursuant to sections 3 10 and 11 below, regarding a possible violation of policies and 4 procedures governing the ADR Program; 5 (d) the mediator from discussing the mediation process with the 6 ADR Program. staff, who shall maintain the confidentiality of the 7 process; 8 (e) any participant or the mediator from responding to an 9 appropriate request for information duly made by persons 10 authorized by the Court to monitor or evaluate the Court's ADR 11 program; 12 (f) disclosures as are required by this Order, related ADR forms, 13 and as otherwise required by law; or 14 (g) in an action or proceeding to enforce a settlement, the admission 15 of a written settlement agreement or a settlement placed on the 16 record, reached as a result of mediation. 17 9.3 Confidentiality Agreement. The mediator may ask the parties and all 18 persons attending the mediation to sign a confidentiality agreement on a form 19 provided by the Court and attached as "Exhibit L." The confidentiality provisions 20 of this section apply regardless of whether a confidentiality agreement is signed. 21 9.4 Sc op Nothing in this rule is intended to limit any applicable privilege 22 or rule of evidence designed to protect mediation confidentiality, and any such 23 broader protection shall control if applicable. See Civil L.R. 16-15.8. 24 25 10. VIOLATIONS OF THIS ORDER BY COUNSEL OR A PARTY 26 10.1 Informal Resolution. Without prejudice to the use of more formal 27 procedures set forth in sections 10.2 and 10.3 below, a complaint alleging that any 28 person or party has materially violated this Order may be presented informally to the 17 General Order No. 11-10 1 ADR Program Director, who will attempt to resolve the matter to the satisfaction of 2 all concerned. 3 4 10.2 Reporting_Violation. 5 A formal complaint alleging that any person or party has materially violated 6 this Order must be presented in writing (not electronically) to the ADR Program 7 Director, who will refer the matter to the ADR Judge. The letter of complaint must 8 be accompanied by a competent declaration. Copies of the letter and declaration 9 must be sent contemporaneously to all other parties. If the assigned judge is the 10 ADR Judge, the ADR Program Director will refer the letter of complaint and 11 declaration to the Vice Chair of the ADR Committee or the Vice Chair's designee. 12 The declaration must be marked "Confidential-Not to be Filed" and must neither be 13 filed nor disclosed to the assigned judge. 14 10.3 Proceeding in Response to Complaint or Report of Violation and 15 Sanctions. If, upon receiving an appropriately presented and supported complaint 16 or report of a material violation of this Order, the ADR Judge determines that the 17 matter warrants further proceedings, the ADR Judge may refer the matter to the 18 ADR Program Director to explore the possibility of resolving the complaint 19 informally in accordance with section 10.1 above. If no such referral is made, or if 20 the matter is not resolved informally, the ADR Judge for this matter shall take 21 appropriate action. The ADR Judge may issue an order to show cause why 22 sanctions should not be imposed. Any such sanctions proceedings shall be 23 conducted on the record but under seal. The ADR Judge will afford all interested 24 parties an opportunity to be heard before deciding whether to impose sanctions. 25 26 11. VIOLATION OF THIS ORDER BY A PANEL MEMBER 27 111 General Provision. This rule is intended to promote the fair and 28 timely resolution of complaints related to a mediator's performance in discharging 18 General Order No. I 1-10 1 his or her duties as a panel member, This section shall not limit the Court's 2 authority to, in its sole discretion, determine who may be included on or removed 3 from the panel or to take any other action not specifically contemplated by this 4 section, in order to ensure that the quality of services provided by the Court 5 Mediation Panel is commensurate with the Court's expectations and consistent with 6 the Court's role in the administration of justice. 7 11.2 Confidentiality of Complaint Proceedin s. No information or 8 record concerning the receipt, investigation or resolution of any complaint made 9 under this section may be open to the public. The Court shall maintain sufficient 10 information about each complaint and its disposition to identify any history or 11 patterns of complaints submitted under this section. 12 11.3 Informal Complaints. Informal complaints regarding a panel 13 member's performance shall be brought to the attention of the ADR Program 14 Director, who will conduct a preliminary review to determine whether the complaint 15 can be informally resolved or merits a formal investigation. 16 11.4 Formal Complaint Set Forth in Writing. Any complaint regarding a 17 panel member's performance that cannot be resolved informally shall be submitted 18 in writing to the ADR Program Director. The complaint is not to be filed nor 19 presented to the assigned judge. The complaint shall describe with particularity the 20 matter, conduct and circumstances triggering the complaint. The ADR Program 21 Director shall send the complainant a written acknowledgment that the complaint 22 has been received. 23 11.5 Proceedings in Response to Formal Complaint. The ADR 24 Committee shall promptly review the complaint to determine whether the matter 25 warrants further investigation. If the ADR Committee determines that further 26 investigation is warranted, the ADR Judge shall conduct an investigation, or appoint 27 a subcomnuttee of ADR Committee members to conduct an investigation, and 281 present a report of the investigation to the full committee. As part of such 19 General Order No. 11-10 1 investigation, the panel member shall be afforded an opportunity to respond to the 2 complaint. Upon conclusion of the investigation and receipt of the report, the ADR 3 Committee shall make a final determination as to what, if any, action shall be taken. 4 11.6 Notice of Final Action in Response to Formal Complaint. The 5 Court shall notify the complainant and the panel member, in writing, of the final 6 disposition of the complaint. 7 8 12. EFFECTIVE DATE 9 This General Order shall become effective on December 1, 2011. 10 11 IT IS SO ORDERED. 12 13 14 CHIEF UNITED STATES DISTRICT JUDGE 15 16 Date of Approval by the Court: August 12, 2011 17 18 Date of Filing by the Clerk: August 15, 2011 19 20 21 22 23 24 25 26 27 28 20 Exhibit A Name,Address and Telephone Number of Attorney(s): UNITED STATES DISTRICT COURT CENTRAL;DISTRICT OF CALIFORNIA CASE NUMBER V. Plaintiff(s) REQUEST: ADR PROCEDURE SELECTION Defendant(s). Pursuant to Civil L.R.16-15, the parties request that the Court approve the following ADR procedure: ❑ ADR PROCEDURE NO. 1 - The parties shall appear before the ❑ district)edge or ❑ magistrate judge assigned to the case for such settlement proceedings as the judge may conduct or direct. ❑ ADR PROCEDURE NO. 2 - The parties shall appear before a neutral selected from the Court's Mediation Panel for mediation. ❑ ADR PROCEDURE NO. 3 - The parties shall participate in a private dispute resolution proceeding. Dated: Attorney for Plaintiff Dated: Attorney for Plaintiff Dated: Attorney for Defendant Dated: Attorney for Defendant NOTE: If additional signatures are required,attach an additional page to this request. ADR-01 (01/12) REQUEST:ADR PROCEDURE SELECTION __ page 1 of 1 Exhibit B UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NUMBER Plaintiff(s) V. ORDER/REFERRAL TO ADR Defendant(s}, The Court,having considered the parties' Request: ADR Procedure Selection,the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-I, hereby: ORDERS this case referred to: ❑ ADR PROCEDURE NO. 1: (❑ district judge or❑magistrate judge assigned to the case for such settlement proceedings as the judge may conduct or direct). ❑ ADR PROCEDURE NO. 2: This case is referred to the ADR Program. Within twenty- one (21) days,plaintiff shall obtain the consent of a neutral listed on the Court's Mediation Panel who will conduct the mediation, and file form ADR-2, Stipulation Regarding Selection of Panel Mediator. If the parties have not selected and obtained the consent of a Panel Mediator within twenty-one (21) days, the ADR Program (213-894.2993) will assign one, Forms and a list of the Panel Mediators are available on the Court website,www.cacd. uscourts.gov. Absent extraordinary circumstances,parties cannot request a continuance within three (3) business days of a scheduled mediation. ❑ ADR PROCEDURE NO. 3 : (Private mediation). The ADR proceeding is to be completed no later than: The Court further sets a status conference for: For ADR Procedure Nos. I and 3, counsel are responsible.for contacting the judge or private mediator at the appropriate time to arrange for further proceedings. Dated: United S fates District Judge/Magistrate Judge ADR-12(01112) ORDER/REFERRAL TO ADR Page 1 of 1 Exhibit C UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NUMBER PLAINTIFFS) V. NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM DEFENDANT(S). NOTICE TO PARTIES: It is the policy of this Court to encourage settlement of civil litigation when such is in the best interest of the parties. The Court favors any reasonable means,including alternative dispute resolution (ADR), to accomplish this goal.See Civil L.R 16-15. Unless exempted by the trial judge, parties in all civil cases must participate in an ADR process before trial. See Civil L.R. 16-15.1. The district judge to whom the above-referenced case has been assigned is participating in an ADR Program that presumptively directs this case to either the Court Mediation Panel or to private mediation. See General Order No. 11-10, §5. For more information about the Mediation Panel, visit the Court website, www.cacd.uscourts.gov, under "ADR." Pursuant to Civil L.R. 26-1(c), counsel are directed to furnish and discuss with their clients the attached ADR Notice To Parties before the conference of the parties mandated by Fed.R.Civ.P. 26(f). Based upon the consultation with their clients and discussion with opposing counsel, counsel must indicate the following in their Joint 26(f) Report; 1) whether the case is best suited for mediation with a neutral from the Court Mediation Panel or private mediation; and 2) when the mediation should occur. See Civil L.R. 26-1(c). At the initial scheduling conference, counsel should be fully prepared to discuss their preference for referral to the Court Mediation Panel or to private mediation and when the mediation should occur. The Court will enter an Order/Referral to ADR at or around the time of the scheduling conference. Clerk, U.S. District Court Dated; By. Deputy Clerk ADR 03(05113) 1NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM �� UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA NOTICE TO PARTIES: COURT POLICY ON SETTLEMENT AND USE OF ALTERNATIVE DISPUTE RESOLUTION (ADR) Counsel are required to furnish and discuss this Notice with their clients. Despite the efforts of the courts to achieve a fair, timely and just outcome in all cases, litigation has become an often lengthy and expensive process. For this reason, it is this Court's policy to encourage parties to attempt to settle their disputes, whenever possible, through alternative dispute resolution (ADR). ADR can reduce both the time it talces to resolve a case and the costs of litigation, which can be substantial. ADR options include mediation, arbitration (binding or non-binding), neutral evaluation (NE), conciliation, mini-trial and fact-finding. ADR can be either Court-directed or privately conducted. The Court's ADR Program offers mediation through a panel of qualified and impartial attorneys who will encourage the fair, speedy and economic resolution of civil actions. Panel Mediators each have at least ten years of legal experience and are appointed by the Court. They volunteer their preparation time and the first three hours of a mediation session. This is a cost-effective way for parties to explore potential avenues of resolution. This Court requires that counsel discuss with their clients the ADR options available and instructs them to come prepared to discuss the parties' choice of ADR option (settlement conference before a magistrate judge; Court Mediation Panel;private mediation) at the initial scheduling conference. Counsel are also required to indicate the client's choice of ADR option in advance of that conference. See Civil L.R. 26-1(c) and Fed.R.Civ.P. 26(f). Clients and their counsel should carefully consider the anticipated expense of litigation, the uncertainties as to outcome, the bane it will take to get to trial, the time an appeal will take if a decision is appealed, the burdens on a client's time, and the costs and expenses of litigation in relation to the amounts or stakes involved. With more than 15,000 civil cases filed in the Distract in 2012, less than 1 percent actually went to trial. Most cases are settled between the parties;voluntarily dismissed; resolved through Court-directed or other forms of ADR; or dismissed by the Court as lacking in merit or for other reasons provided by law. For more information about the Court's ADR Program,the Mediation Panel, and the profiles of mediators, visit the Court website, www.cacd.uscourts.gov, under"ADR." ADR-03(05113) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM Exhibit D UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NUMBER: V. PLAINTIFFS) NOTICE TO PARTIES OF COURT-DIRECTED DEFF.NDANT(5), ADR PROGRAM-VACATING REFERRAL TO:ALL PARTIES OF RECORD Reference of the above-captioned case to the Court-Directed ADR Program, General Order No. 11-I0, § 5, is vacated.All further ADR procedures in this action shall be pursuant to General Order No. II-10, § 6, and Civil L.R. 16-15, Clerk, U.S. District Court Dated: By: Deputy Clerk A.DR-14�01I12) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM-VACATING REFERRAL Page e1of1 Exhibit E UNITED STATES DISTRICT COURT CENTRAI.DISTRICT OF CALIFORNIA CASE NUMBER: Plaintiff(s) V. STIPULATION REGARDING SELECTION OF PANEL MEDIATOR Defendant(s). CHECK ONLY ONE SOX: ❑ The parties stipulate that may serve as the Panel Mediator in the above-captioned case. Plaintiff has obtained the Panel Mediator's consent to conduct the mediation, ❑ The parties request that the ADR Program staff assign to the above-captioned case a Panel Mediator with expertise in the following area of law : Dated: Attorney For Plaintiff Dated: Attorney For Plaintiff Dated: Attorney For Defendant Dated: Attorney For Defendant 1 Attorney for Plaintiff to electronically file original document. ADR-02(01/12) STIPULATION REGARDING SELECTION OF PANEL MEDIATOR Page 1 of 1 Exhibit F UNITED STATES DISTRICT COURT CENTRAL,DISTRICT OF CALIFORNIA CASE NUMBER V. Plaintiff(s) NOTICE,OF ASSIGNMENT OF PANEL MEDIATOR Defendant(s). is assigned to serve as the Panel Mediator in the above captioned case. This assignment is made because: ❑ The parties have stipulated to appointment of the Panel Mediator. ❑ The ADR Program staff has assigned the Panel Mediator. The mediation in this case is to be completed no later than: ❑ , as ordered by the assigned judge. ❑ forty-five days prior to the final pretrial conference, consistent with Civil L.R. 16-15.2. Counsel shall familiarize themselves with the requirements of General Order No. 11-10 which governs the ADR Program. Within thirty(30) days of this Notice, the Mediator will communicate with counsel to set the date of the mediation within the time requirements set forth above. See General Order No. 11-10, §8.1. Counsel are reminded that the written mediation statements which may be required by the Mediator (see General Order No. 11-10, §8.4) shall NOT be filed with the Court. Counsel are further reminded that each party shall appear at the mediation in person or by a representative with final authority to settle the case. See General Order No. 11-10, §8.5. Clerk, U.S. District Court Dated: By: ADR Program Director ADR Program Office to electronically file original and cc:Mediator ADR-11(01/12) NOTICE OF ASSIGNMENT"OF PANEL MEDIATOR Page 1 of I Exhibit G UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NUMBER: V. Plaintiff(s) NOTICE OF MEDIATION DATE Defendant(s). YOU ARE HEREBY NOTIFIED THAT THE PANEL MEDIATOR HAS SCHEDULED A MEDIATION IN THE ABOVE-CAPTIONED CASE for at ❑a.m, / ❑p.m, LOCATION: The mediation session must be completed and an ADR-03 Report must be filed on or before the Court-ordered Withpletion date. Continuances are not favored and can only be granted by the Mediator up to the Court-ordered completion date. Absent extraordinary circumstances,parties cannot request a continuance within three (3) business days of a scheduled mediation, Dated: _ Panel Mediator: Address: Phone: ADR-13(01112) NOTICE OF MEDIATION DATE Page I of 1 Exhibit H Form ADR-18: Mediation Attendance Form. Deleted 8/29/13 The Court deleted form ADR-18.Mediation Attendance Form. Exhibit I Form ADR-16: Survey for Mediators and Report of Payment Deleted 8/29/13 The Court deleted and replaced the form ADR-16, Survey for Mediators and Report of Payment, with an online system (Survey Monkey)to capture the responses to surveys from Panel Mediators. The survey is available on the ADR page of the Court website. Exhibit J Form ADR-15: ADR Program Participant Survey Deleted 8/29/13 The Court deleted and replaced the form ADR-15,ADR Program Participant Survey, with an online system (Survey Monkey)to capture the responses to surveys from mediation participants. The survey is available on the ADR page of the Court website. Exhibit K UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NUMBER Plaintiff(s) V. MEDIATION REPORT Defendant(s), Instructions: The mediator shall file this Report within 5 days after the conclusion of a mediation session even if the negotiations continue. If the case later settles with the assistance of the mediator, the mediator shall file a subsequent Report. 1. ❑ A mediation was held on (date): ❑ A mediation did not take place because the case settled before the session occurred, 2. The individual parties and their respective trial counsel,designated corporate representatives, and/or representatives of the party's insurer: ❑ Appeared as required by Civil L.R. 16-15.5(b). ❑ Did not appear as required by Civil L.R. 16-15(b). ❑ Plaintiff or plaintiffs representative failed to appear. ❑ Defendant or defendant's representative failed to appear. ❑ Other: 3, Did the case settled? ❑ Yes, fully. ❑ Yes,partially, and further facilitated discussions are expected. (See No. 4 below.) ❑ Yes, partially, and further facilitated discussions are not expected. ❑ No, and further facilitated discussions are expected. (See No. 4 below.) ❑ No,and further facilitated discussions are not expected, 4. If further facilitated discussions are expected,by what date will you check in with the parties? (date:) Dated: Signature of Mediator Name of Mediator(print) The Mediator is to electronically file original document. ADR-03(03/12) MEDIATION REPORT Page Iof1 Exhibit L UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NUMBER: Plaintiff(s) V. MEDIATION CONFIDENTIALITY AGREEMENT Defendant(s). THIS AGREEMENT IS NOT TO BE FILED WITH THE COURT. Consistent with Central District of California Civil L.R. 16-15, General Order 11-10,related Federal Rules of Evidence and to the extent applicable,California Evidence, Code Sections 703.5 and 1115-1128,the participants in mediation in the above-captioned case agree that: 1. No written or oral communication made by any party, attorney,mediator or other participant in a mediation in the above-named case may be used for any purpose in any pending or future proceeding unless all parties,including the mediator, so agree. 2. The parties agree that evidence admissible or subject to discovery or disclosure shall not be inadmissible or protected from disclosure solely by reason of its introduction or use in the mediation. Disclosure of information that otherwise is privileged shall not alter its privileged character. 3. The parties shall not subpoena the mediator or any documents submitted to or prepared by the mediator in connection with or during the mediation. The mediator shall not testify voluntarily on behalf of a party. 4. This agreement shall not preclude the reporting of information to the Central District of California ADR Program Office pursuant to General Order 11-10. 5. In an action or proceeding to enforce a settlement,this agreement shall not render inadmissable a written settlement agreement, or a settlement placed on the record, reached as a result of the mediation. Dated: Print Name Print Name Signature Signature — Email address Email address Describe Role in Mediation Describe Role in Mediation ADR--17 (WO) MEDIATION CONIIDENAAGREEMENT _ Aage 1 of 2 } Print Name Print Name Signature Signature Email address Email address I Describe Role in Mediation Describe Role in Mediation Print Naive Print Name Signature Signature Email address Email address Describe Role in Mediation Describe Role in Mediation Print Name Print Name Signature Signature Email address Email address Describe Role in Mediation Describe Role in Mediation Print Name Print Name Signature Signature Email address Email address Describe Role in Mediation Describe Role in Mediation NOTE:If additional signatures are required,attach an additional page to this request. ADRADR-17 (6(07/13) MEDIATION CONFIDENTIAL ITY AGREEMENT Page 2 of 2 Becerra, Alexis From: Jackie Angel Investor < Sent: Friday, October 3, 2025 11:37 AM To: eComment Cc: Vazquez, Benjamin; Ryberg, Erinn Subject: Share Our Selves Corporation v. City of Santa Ana, United States District Court Case No. 8:23-cv-00504-DOC-KES Attachments: Share Our Selves Corporation v. City of Santa Ana.pdf Attention: This email originated from outside of City of Santa Ana.Use caution when opening attachments or links. Nonprofit Discrimination lawsuit attached FYI City of Santa Ana blocks nonprofits from administering services to residents Planning Division back room deals, closed sessions City Attorney, Mayor, City Councilmembers named "Urgency Zoning Ordinance Amendment" "special city council meetings" SOS was again hoodwinked by the city "Moreover, given the fact that SOS had been operating its El Sol Wellness Center on Broadway in Santa Ana for some 14 years as of the time the ordinances were adopted, it was common knowledge that SOS's patient base in Santa Ana consisted mainly of poor Latino persons, whose national origin was the US, Mexico or countries outside the US. and those individuals, as well as homeless persons, were precisely the 'kind of people' that the city's councilmembers and staff feared would be attracted to SOS's proposed new facility near the Main Place Mall" "Motivated by this highly-discriminatory view, the City imposed a CUP requirement on nonprofit entities to ensure that the Planning Commission and city council would have sufficient 'discretion' to prevent medical offices operated by such entities from conducting operations within the P district." 1 Case 8:23-cv-00504-DC-DFM Document 8 Filed 03/21/23 Page 1 of 2 Page ID #:176 AO 440(Rev.06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the Central District of California SANTA SHARE OUR SELVES CORPORATION, a California ) non-profit corporation ) Plaintiff(s) ) V. CiviiActionNo. 8:23-cv-00504-DOC-DFM CITY OF SANTA ANA, a municipal corporation, and } DOES 1 through 10, inclusive ) Defendant(s) ) SUMMONS IN A CIVIL ACTION To: (Defendant's name and address) CITY OF SANTA ANA 20 Civic Center Plaza Santa Ana, CA 92701 A lawsuit has been filed against you. Within 21 days after service of this summons on you(not counting the day you received it)—or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12(a)(2)or(3)—you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure, The answer or motion must be served on the plaintiff or plaintiff's attorney, whose name and address are: Connor Fletcher and Hedenkamp LLP Edmond M. Connor 2211 Michelson Drive, Suite 1100 Irvine, CA 92612 econnor@businesslit.com; service@businesslit.com 949-622-2600 If you fail to respond,judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. Sin rows,?�n CLERK OF COURT z ,- Date: 3/21/2023 14."4 Signature of Clerk or Deputy Clerk Case 8:23-cv-00504-DOC-DFM Document 8 Filed 03/21/23 Page 2 of 2 Page ID #:177 AO 440(Rev.O6/12) Summons in a Civil Aotion(Page 2) Civil Action No. PROOF OF SERVICE (This section should not be ftled with the court unless required by Fed.R. Civ. A 4 (l)) This summons for(name of individual and title, if any) was received by me on(date) I1 I personally served the summons on the individual at(place) On(date) ; or 173 I left the summons at the individual's residence or usual place of abode with(name) , a person of suitable age and discretion who resides there, on(date) , and mailed a copy to the individual's last known address; or 171 I served the summons on(name of individual) ,who is designated by law to accept service of process on behalf of(name of organization) on(date) ;or I I returned the summons unexecuted because ; or 0 Other(sped): My fees are$ for travel and$ for services,for a total of$ 0.00 I declare under penalty of perjury that this information is true. Date: _ Server's signature Printed name and title Server's address Additional information regarding attempted service, etc: i Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 1 of 45 Page ID #:1 1 EDMOND M. CONNOR(SBN 65515) econnor@businesslit.com 2 service@businesslit.com DOUGLAS A. HEDENKAMP (SBN 216487) 3 dhedenkamp@businesslit.com CONNOR FLETCHER & HEDENKAMP LLP 4 2211 Michelson Drive, Suite 11.00 Irvine, California 92612 5 Telephone:(949) 622-2600 6 Attorneys for Share Our Selves Corporation 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 SOUTHERN DIVISION 11 SHARE OUR SELVES Case No. 8:23-cv-00504 CORPORATION, a California non- 12 profit corporation, COMPLAINT OF SHARE OUR SELVES 13 Plaintiff and Petitioner, DECPORATION FOR DAMAGES,LARATORY AND INJUNCTIVE V. RELIEF, FOR CONSTITUTIONAL 14 VIOLATIONS,AND PETITION FOR CITY OF SANTA ANA a municipal WRIT OF MANDATE 15 corporation, and DOES T through 10, inclusive, DEMAND FOR JURY TRIAL 16 Defendants and Respondents. Before: 17 Complaint Filed: Trial Date: Not Set 1$ 19 20 21 22 23 24 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 2 of 45 Page ID #:2 1 For a Complaint against Defendants and Respondents City of Santa Ana (the 2 "City"), and DOES 1 through 10, inclusive (collectively, "Defendants"), Plaintiff and 3 Petitioner Share Our Selves Corporation ("SOS" or "Plaintiff') alleges as follows: Ie SUMMARY OF COMPLAINT 4 S 1. As part of an orchestrated campaign to use the City's land use regulations 6 to thwart and obstruct the operations of charitable organizations, like Micah's Way and 7 the Salvation Army, who try to provide much-needed services to poor and homeless persons residing in Santa Ana, the City has recently adopted two zoning ordinances that 9 unabashedly—and unlawfully—discriminate against non-profit medical and dental 10 offices and the patients that they serve. 11 2. SOS, whose mission, as a Federally Qualified Health Center ("FQHC"), is 12 to provide medical and dental care to the underserved residents of Santa Ana, including 13 poor and homeless persons, has been sorely victimized by the City's illegal 14 discrimination in adopting these ordinances. Indeed, the City's unlawful actions have 15 prevented SOS from closing escrow on a three-story, 44,000 SF commercial office 16 building, located at 2670 North Main Street in Santa Ana (the "Main Street Property" or 17 the "Property"), a block south of the Main Place Mall. That building was the only one 1$ in Santa Ana that met SOS's needs to establish an expanded outpatient clinic. 19 3. As alleged in greater detail below, the City's discriminatory conduct has 20 caused SOS to lose the opportunity to use the Main Street Property to (a) meet the 21 growing demand for health services in the Santa Ana community; (b) expand SOS's 22 ability to serve more individuals in the community that are not currently able to obtain affordable care, while also expanding the services available at the new location to 23 24 include dental, pharmacy and vision services, given that SOS's current location in Santa 2 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Piled 03/20/23 Page 3 of 45 Page ID #:3 1 Ana provides no opportunity to expand space for medical services or add other service 2 lines; and (c) provide a significant increase in the number of medical, dental and 3 pharmacy internships and residencies for new health professional coming into the field 4 from UC Irvine, Chapman, UC Southern California, etc., including physicians, nurse 5 practitioners, physician assistants, nurses, medical assistants, dentists, dental assistants, 6 and clinical pharmacists. 7 4. In 2022, SOS and its development partner, Turner Healthcare Facilities 8 Acquisition LLC ("Turner") [hereinafter, SOS and Turner are sometimes collectively 9 referred to as "SOS"], incurred at least $500,000 in purchase-related fees and 10 development costs, in formulating plans to remodel the Main Street Property to serve as 11 an expanded outpatient clinic to replace SOS's El Sol Wellness Center, located at 1014 12 North Broadway in Santa Ana, which SOS has outgrown after faithfully providing 13 medical and dental care to Santa Ana residents for the past 14 years at that location. 14 5. Now, all of those purchase and planning expenses have gone to waste as a 15 result of a carefully-crafted scheme by the City to ,scuttle SOS's plans to purchase and 16 remodel the Main Street Property, all because City leaders feared that SOS's new 17 outpatient clinic at the Main Street Property would attract too many "undesirables" to 18 that area of the City—i.e., financially poor individuals of Latino descent, as well as 19 homeless persons. 20 6. In fact, when representatives of SOS first starting previewing SOS's 21 remodeling plans for the Main Street Property in mid-2022, one of the first changes 22 requested by the City was that SOS agree not to operate a food pantry at the new 23 location because it might support the homeless. That was the first indication that the 24 City was concerned about the "type" of people that SOS's new outpatient clinic would 3 Complaint of Share Our Selves Case 8:23-cv-00504 Document I Filed 03/20/23 Page 4 of 45 Page ID #:4 1 attract. 2 7. Moreover, it was hardly a coincidence that the City's request that SOS not 3 operate a food pantry at the Main Street Property occurred at the same time in mid-2022 4 that the City was threatening fines and criminal prosecution against Micah's Way unless 5 it stopped distributing food and beverages to poor and homeless persons at the Resource 6 Center operated by Micah's Way on 41h Street in Santa Ana. 7 8. SOS agreed to the City's request not to operate a food pantry at the Main 8 Street Property and continued to work with City staff over a period of months to satisfy 9 staff s concerns about parking and other issues relating to the plans for SOS's proposed 10 remodeling project (the "Project"). On November 17, 2022, SOS sent an e-mail to the 11 City's Planning Division stating SOS's understanding that the proposed "medical office" 12 use of the Main Street Property was "a by-right use" and that, since certain design 13 changes to eliminate square footage were going to be incorporated into the plans for the 14 Project "so that the proposed use can be 100%parked on site," there would be no need 15 for any discretionary entitlements for the Project, such as a minor exception for the 16 required number of parking spaces. 17 9. Notably, in that same e-mail of November 17, 2022, SOS expressly IS informed the City that (a) SOS's due diligence period to purchase the Main Street 19 Property was going to expire in February 2023 and (b) the reason SOS had decided to 20 eliminate square footage for the Project was to eliminate the need to obtain any 21 discretionary permits and thereby allow SOS to obtain "planning signoff' on its plans 22 "prior to the expiration of[the] property due diligence period in February." 23 10. On November 28, 2022, the City's Planning Division replied to SOS's e- 24 mail and expressly confirmed that the "review process" for SOS's Project would be 4 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 5 of 45 Page 1D #:5 1 "administrative." In other words, the Project would not require any discretionary 2 permits and would simply "be subject to administrative review by the Planning 3 Division." Importantly, in its e-mail, the Planning Division did not dispute the fact that, 4. if SOS acquired the Main Street Property, it would have a"right"to operate a medical 5 office at that location without the need for any discretionary permits, such as a 6 conditional use permit ("CUP"), for example. 7 11. Unbeknownst to SOS, which had been assured in writing by the City's 8 Planning Division that the plans for the Project would only require a ministerial 9 approval following an administrative review by City staff,there were other persons at 10 the City, including various councilmembers, the City Manager and members of her staff, 11 as well as the City Attorney and members of her office, who—armed with the 12 knowledge that SOS's extension of time to close escrow on the its purchase of the Main 13 Street Property was going to expire in February 2023--started working behind the 14 scenes to kill the Project by making it impossible for SOS to purchase the Main Street 15 Property before SOS's time to do so expired. 16 12. As explained below in greater detail, at the December 12, 2022 meeting of 17 the City's Planning Commission, which was held a mere two weeks after the Planning 18 Division had sent its e-mail to SOS, assuring SOS that the Project would only be subject 19 to an administrative review by City staff, an omnibus amendment to various provisions 20 of the City's Zoning Code—an earlier earlier version of which had been initially been 21 considered by the Planning Commission in September 2022 without taking any action 22 on it----was presented.to the Commission for a second review. 23 13. However, this time, the amendment suddenly contained provisions that 24 would not allow "medical offices operated by government, government subsidized, not- 5 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 6 of 45 Page ID#:6 1 for-profit, or philanthropic entities" to operate anywhere within the City's Professional 2 zoning district (the "P District") unless and until such "entities" obtained a discretionary 3 permit—i.e., a CUP. 4 14. The Planning Commission quickly recommended approval of this new CUP 5 requirement and sent the matter on the City Council to take action on its 6 recommendation. No one at the City took any steps to directly inform SOS, either 7 before or after the Planning Commission meeting, that the City was going to amend its 8 Zoning Code to require SOS to obtain a CUP before its Project could get underway. In 9 fact, the public notice for the omnibus zoning amendment that was to be considered at 10 the Planning Commission's December 12, 2022 meeting contained no reference to the 11 new provisions relating to medical offices in the P District that were actually considered 12 and approved at that meeting. 13 15. On December 20, 2022, obviously concerned that it needed to act swiftly to 14 bring a halt to SOS's Project before it could be approved by staff, the City Council---- 15 without providing any notice to the public at large or any direct notice to SOS, itself- 16 adopted an ur_ gency ordinance, i.e., Zoning Ordinance Amendment No. 2022-07 (the 17 "Urgency Ordinance") 18 16. The Urgency Ordinance immediately imposed a new CUP requirement that 19 would apply to any medical offices operated in the P District by any "government, 20 government-subsidized, not-for-profit, or philanthropic entities" (hereinafter, 21 collectively referred to as "Non-Profit Entities"). 22 17. Two days later, on December 22, 2022, SOS, completely unaware that the 23 Urgency Ordinance had been adopted by the City Council, submitted its major remodel 24 application for the Project, expecting that it would be subject to staff review only and 6 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 7 of 45 Page ID #:7 1 would be approved well in advance of the February deadline for closing escrow on the 2 Main Street Property. 3 18. A week later, during the Christmas holidays, SOS received an e-mail from 4 the City's Planning Division informing it that the Urgency Ordinance had gone into 5 effect and, as a result, SOS would now be required to obtain a CUP for the Project. The 6 e-mail went on to suggest that, in light of this new requirement, SOS might want to hold 7 off in "submitting any review fees or making further progress on the plans for 2670 N. 8 Main Street" and "reevaluate the project." 9 19. Needless to say, SOS was absolutely shocked that all this had gone on 10 behind its back without any heads up from anyone at the City. Although hampered by 11 the fact that people were out for the holidays, SOS began organizing efforts to meet with 12 City officials to try to salvage the Project and find out what could be done about the new 13 CUP requirement in the Urgency Ordinance. Regrettably, however, SOS was again 14 hoodwinked by the City. 15 20. At its regular meeting on January 17, 2023, after providing legally- 16 defective and inadequate public notice and holding a public hearing that lasted just a few 17 seconds without any members of the public even being present to speak on the item- 18 and, again, without providing SOS with any direct advance notice—the City Council 19 conducted the first reading of a non-urgency ordinance, Zoning Ordinance Amendment 20 No. 2022-03 (the "Permanent Ordinance"), which, as a"backup" measure, was basically 21 was the mirror image of the Urgency Ordinance. The Council quickly voted to 22 preliminarily approve the Permanent Ordinance at that meeting. 23 21. Before the second reading of the Permanent Ordinance occurred at the 24 Council's February 7, 2023 meeting, representatives of SOS met directly with the 7 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 8 of 45 Page ID #:8 1 Mayor, various councilmembers, and staff persons to plead SOS's case in requesting 2 that the new CUP requirement either be eliminated or be deemed inapplicable to the 3 Project. 4 22. SOS's representatives also appeared at the Council's February 7t' meeting 5 for the second reading of the Permanent, submitted a letter of objections to the City 6 Clerk, and, during the public comment segment of the meeting, implored the Mayor and 7 the Council to reopen the public hearing on the Permanent Ordinance and allow them to 8 explain why that Ordinance was ill-advised and unlawful, and should not be approved. 9 23. One of the arguments advanced by the representatives of SOS, both before 10 and at the February 7t' Council meeting, was that the seller of the Main Street Property 11 was not willing to further extend the escrow on SOS's purchase of the Property and, as 12 such, if the Project were not exempted from the new CUP requirement, SOS would lose 13 the Property, the Project would be stopped dead in its tracks, and Santa Ana would lose 14 the valuable benefits associated with a remodeling project that would bring $34 million 15 in construction jobs and resources into the City and would generate at least 120 16 permanent jobs at the new clinic to provide medical and dental care to the City's 17 residents. 18 24. Ironically, however, SOS's pleas about how it was going to lose the right to 19 purchase the Main Street Property if the CUP requirement remained in place turned out 20 to be music to the ears of those councilmembers, city staff persons, and members of the 21 City Attorney's office who had planned all along to stymie the Project by imposing the 22 CUP requirement on SOS, knowing full well that it would make it impossible for SOS to 23 close escrow on the Main Street Property before the due diligence period expired in 24 February 2023. _ 8 Complaint of Share Our Selves Case 8:23••cv-00504 Document 1 Filed 03/20/23 Page 9 of 45 Page ID #:9 1 25. In fact, at the Council meeting on February 7, 2023, after hearing the 2 remarks made by SOS's representatives, and after stating that it would be a tragic loss 3 for the City's residents if SOS's new outpatient clinic was not allowed to go forward, 4 one of the councilmembers sought to reopen the hearing on the Permanent Ordinance in 5 order to send the Ordinance back to staff for further review and analysis for a possible 6 amendment. However, at that point, the City Attorney interjected and materially misled 7 the Council by incorrectly stating that, since the Urgency Ordinance was allegedly still 8 in effect and would supposedly never expire, then it would be a complete waste of time 9 to make any changes to the CUP requirement in the Permanent Ordinance. 10 26. The undeniable truth, however, was that, under the explicit provisions of 11 Government Code section 65858, the Urgency Ordinance had actually expired on 12 February 3, 2023, by operation of California law. Nevertheless, following the remarks 13 by the City Attorney, the Mayor and all but one of the councilmembers swiftly voted to 14 approve the Permanent Ordinance. 15 27. For purposes of clarification, none of the claims set forth below are based 16 upon, or seek any compensatory, declaratory, injunctive, or other relief arising out of or 17 relating to, any statements made by the City Attorney at the February 7' Council 18 meeting. Rather, such remarks have been reported only to the extent that they bear on 19 the City's unfair rejection of SOS's requests to reopen the public hearing on the 20 Permanent Ordinance to allow SOS's representatives a meaningful opportunity to 21 present their arguments in opposition to that Ordinance, both orally and in writing. 22 28. The reasons why SOS is challenging both the Urgency Ordinance (to the 23 extent that the City claims it is still in effect) and the Permanent Ordinance (collectively, 24 the "Ordinances") can be summarized as follows: (a) there is no rational basis for either 9 _ Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 1.0 of 45 Page ID #:10 1 of the Ordinances; (b) both Ordinances unlawfully infringe on the fundamental 2 constitutional rights of association and of privacy and result in a denial of substantive 3 due process and equal protection; and (c) invidious discrimination was a motivating 4 factor in the adoption of both Ordinances, resulting in a denial equal protection under 5 the law. 6 29. On their face, both Ordinances unlawfully discriminate a aft Non-Profit 7 Entities, and in favor of entities that seek to make a profit in providing mental or dental 8 care (collectively, "For-Profit Entities") in connection with operating medical or dental 9 offices (collectively, "Medical Offices") in the City's P District. 10 30. In this regard, the Ordinances allow For-Profit Entities to operate Medical 11 Offices in the P District"by right." In other words, in order to operate such Medical 12 Offices, For-Profit Entities do not have to submit any permit applications, obtain any 13 discretionary permits, or face any opposition from members of the public at any hearings 14 held by the City's Planning Commission or City Council. 15 31. By sharp contrast, however, the Ordinances treat Non-Profit Entities that 16 operate Medical Offices in the P District quite differently—not because the doctors, 17 dentists, or nurses who are employed by such Entities practice medicine or dentistry any 18 differently than their counterparts employed at Medical Offices operated by For-Profit 19 Entities, but, rather, because of the characteristics of the people whom the City believes 20 will be attracted to Medical Offices operated by Non-Profit Entities. 21 32. For example, people who are homeless, people who are of Hispanic or 22 Latino (collectively, "Latino") ethnicity, people who are living at or below the Federal 23 Poverty Level, or people who cannot afford or obtain medical insurance. 24 33. In 2022, 87% of the patients served at SOS's El Sol Wellness Center in 10 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 11 of 45 Page !D #:11 1 Santa Ana were of Latino descent, and of those Latino patients, 80% qualified for Medi- 2 Cal with incomes either below, or no higher than 138% of the Federal Poverty Level. In 3 addition, approximately two to five percent of the patients served at SOS's Santa Ana 4 facility were homeless persons. 5 34. On a county-wide basis, including all four of the community health centers 6 run by SOS in Costa Mesa, Santa Ana, Mission Viejo, and Newport Beach, the 7 demographics are similar. Sixty-five percent of SOS's patients county-wide identify as 8 Latino, 55% of its patients are best served in a language other than English, 65% are 9 covered by Medicaid, approximately 10% are homeless, and 72% have family incomes 10 at or below the Federal Poverty Level. 11 35. SOS's clients include patients covered by Medicare, Medi-Cal, and private 12 insurance, as well as uninsured patients who may be low income or homeless, and who 13 often have no way of paying for healthcare services. 14 36. As an FQHC, SOS is mandated by the federal government to operate 15 community based health centers that provide high quality comprehensive medical, 16 dental, and behavioral health services, regardless of a patient's ability to pay. 17 37. Both in the meetings that took place before the second reading of the 18 Permanent Ordinance at the February 7, 2023 Council meeting, and by a letter submitted 19 at that meeting by SOS's representatives, City staff persons, the Mayor, and various 20 councilmembers were expressly apprised of these facts and demographics, including the 21 fact that, in Santa Ana, SOS's patients were predominantly poor persons of Latino 22 ethnicity. 23 38. Moreover, given the fact that SOS had been operating its El Sol Wellness 24 Center on Broadway in Santa Ana for some 14 years as of the time the Ordinances were 11 Complaint of Share Our Selves Case 8:23-cv-00504 Document I Filed 03/20/23 Page 12 of 45 Page ID #:12 1 adopted, it was common knowledge that SOS's patient base in Santa Ana consisted 2 mainly of poor Latino persons, whose national origin was the U.S., Mexico, or countries 3 outside the U.S. (e.g., immigrants). And those individuals, as well as homeless persons, 4 were precisely the "kind of people" that the City's councilmembers and staff feared 5 would be attracted to SOS's proposed new facility near the Main Place Mall if SOS's 6 major remodel application were approved by staff and SOS was able to timely close 7 escrow on the Main Street Property. 8 39. One of the findings set forth in the Urgency Ordinance reveals the City's 9 true discriminatory intent in requiring Non-Profit Entities to obtain a CUP in order to 10 operate Medical Offices in the City's P District—while exempting Far-Profit Entities 11 from that same requirement: 12 WBEREAS, the absence of a conditional use permit requirement for 13 medical offices operated by government, government-subsidized, not-for- 14 profit, or philanthropic entities is inconsistent with the goals expressed by 15 SAMC Section 4 1-1 (Purpose) in that discretion by the Planning 16 Commission and Citv Council cannot be exercised to ensure that the 17 location and operation of such facilities are compatible with the scale 18 character, and nature of surrounding properties and neighborhoods as 19 specified in SAMC sections 41-1. (a), (b), (e), and (f). 20 40. The "code words" embedded in the above-quoted finding unmask the 21 City's biased belief that, while Medical Offices operated by For-Profit Entities would 22 always be "compatible" with the "character" of"surrounding properties and 23 neighborhoods" in the P District, the same would not be true, as the City sees it, for 24 Medical Offices operated by Non-Profit Entities. Motivated by this highly- 12 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 13 of 45 Page ID #:13 1 discriminatory view, the City imposed a CUP requirement on Non-Profit Entities to 2 ensure that the Planning Commission and City Council would have sufficient 3 "discretion"to prevent Medical Offices operated by such Entities from conducting 4 operations within the P District. 5 41. The question that naturally arises, therefore, is what makes the City believe 6 that Medical Offices operated by Non-Profit Entities might be "incompatible" with 7 "surrounding properties and neighborhoods" in the P District, whereas Medical Offices 8 operated by For-Profit Entities could always be counted on to be "compatible" with such 9 properties and neighborhoods? 10 42. Asked another way, when City officials realized that SOS was poised to 11 relocate its operations to the Main Street Property, why did the City suddenly spring into 12 action, hurriedly adopt the Urgency Ordinance, and amend its Zoning Code to provide 13 that Medical Offices operated by Non-Profit Entities are not allowed to operate in the P 14 District unless and until such Entities (a) undergo a costly and time-consuming 15 application, review, and public hearing process to seek a conditional use permit 16 ("CUP"), (b) run the gauntlet of public opposition to the requested CUP, and (c) actually 17 succeed in obtaining a CUP, which will be of limited duration, will be subject to any 18 number of onerous conditions and restrictions, and will always be at risk of being 19 revoked at the City's discretion? 20 43. There is only one answer to these troubling questions: the distinction that 21 the City has drawn in the Ordinances between Medical Offices operated by Non-Profit 22 Entities and those operated by For-Profit Entities is based solely on the City's belief that 23 1 the former are likely to attract poor Latino persons from Mexico and other countries 24 outside the United States (immigrants), as well as homeless persons of various races and 13 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 14 of 45 Page ID#:14 1 ethnicities,whereas the latter are not likely to be visited by such persons. 2 44. Because this invidious belief on the part of the City was unquestionably a 3 motivating factor in adopting the Ordinances and treating Non-Profit Entities, and their 4 patients, in an arbitrary, discriminatory, and unreasonable manner by (a) depriving them 5 of the unfettered "right" and benefits enjoyed by For-Profit Entities to freely operate 6 Medical Offices in the P District and (b) subjecting them to a burdensome and 7 discretionary CUP process with no guaranteed outcome, the Ordinances are unlawful 8 and invalid, both facially and as applied, under, inter alia, the U.S. and California 9 Constitutions. 10 45. Indeed, there is no compelling governmental interest, much less any 11 rational basis, for subjecting Non-Profit Entities, and their patients, to such blatant 12 discrimination, particularly when such discriminatory treatment is intentionally aimed 13 at, and will have a disparate impact on, protected classes of individuals, i.e., poor 14 persons of Latino descent whose national origin is the U.S., Mexico, or other countries 15 outside the U.S. (immigrants) and homeless persons who also belong to various minority 16 groups (Latino, Black or African-American, Asian, etc.). 17 46. Notably, the administrative record for the Ordinances is devoid of any 18 evidence, much less substantial evidence, to support the City's decision to draw such 19 arbitrary and irrational distinctions between Non-Profit and For-Profit Entities operating 20 Medical Offices in the P District. That, alone, renders the Ordinances invalid on their 21 face. 22 47. Moreover, the Ordinances are also invalid on their face to the extent that 23 they attempt to impose any restrictions, such as a CUP requirement, on any Medical 24 Offices operated by any federal, state, or county governmental agencies. Under the 14 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 15 of 45 Page ID #15 1 long-standing doctrine of sovereign immunity, federal, state, and county agencies are not 2 subject to any such land use or zoning regulations. 3 48. In addition, the Ordinances violate the Supremacy Clause of the U.S. 4 Constitution, and California law, and are void to the extent that they stand as an obstacle 5 to the accomplishment and execution of the full purposes and objectives of Congress. 6 As noted above, SOS is a Federally Qualified Health Center ("FQHC") that is funded by 7 the United States government with the express mandate to provide health care services 8 to medically underserved populations. The Ordinances materially interfere with and 9 obstruct SOS's ability to fulfill its federal mandate and thus are preempted by federal 10 and state law. 11 49. Some four decades ago, the California Supreme Court prophetically noted 12 that "In general, zoning ordinances are much less suspect when they focus on the use 13 than when they command inquiry into who are the users." (Emphasis added.) The 14 Ordinances clearly run afoul of this time-honored admonition by unlawfully 15 discriminating against the users of Medical Offices--i.e.,Non-Profit Entities and their 16 patients—rather than focusing on the use, itself, i.e., the provision of medical and dental 17 care to human beings, no matter what their race, color, or national origin is, or whether 18 they are housed or unhoused. 19 50. As such, at a minimum, those portions of the Ordinances that impose a 20 CUP requirement on Medical Offices that are operated by Non-Profit Entities in the P 21 District, including sections 4 and 8 of the Urgency Ordinance (to the extent that 22 Ordinance has not already expired by operation of state law) and sections 9 and 16 of the 23 Permanent Ordinance, must be declared unlawful and be stricken as void and invalid. 24 15 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 16 of 45 Page 1D#:16 1 II. JURISDICTION AND VENUE 2 51. The Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331, 3 and 1343(a)(3), based on questions of federal statutory and constitutional law, and under 4 the Declaratory Judgment Act, 28 U.S.C. §§ 2201(a) and 2202. The Court has 5 supplemental jurisdiction over state law claims under 28 U.S.C. § 1367. 6 52. Venue is proper in the Central District of California pursuant to 28 U.S.C. § 7 1391(b) because all of the Defendants reside and can be found in this District and all of 8 the acts and events giving rise to the claims occurred here. Venue is proper specifically 9 in the Southern Division of this District because all of the Defendants reside within the 10 Southern Division and all of the claims arose in the Southern Division. l 1 III. THE PARTIES 12 53. The City is now, and at all relevant times has been, (a) a municipality 13 organized and existing under the laws of the State of California and (b) a political 14 subdivision of the State of California, located within the County of Orange. The City 15 receives funds from the federal government relating to various federal programs. 16 54. SOS is a community-based 501(c)(3) California non-profit corporation and 17 community health center with its principal place of business in Orange County, 18 California. SOS was founded in 1970 for the express purpose of implementing the 19 Directives of the Catholic Bishops of the United States in offering a broad spectrum of 20 services and resources to help those in need. For the past 39 years, has delivered high- 21 quality, accessible, and affordable health care services to individuals and families 22 throughout Orange County. 23 55. SOS has been designated as a Federally Qualified Health Center ("FQHC") 24 since 2012, and has also secured designation as a Health Care for the Homeless 16 Complaint of Share Our Selves Case 8:23--cv-00504 Document 1 Filed 03/20/23 Page 17 of 45 Page lD #:17 1 ("HCH") program under section 330(h) of the Public Health Service Act. SOS currently 2 provides health services to children, adults, and seniors as well as comprehensive care at 3 its four medical facilities in Costa Mesa, Santa Ana, Mission Viejo, and Newport Beach. 4 56. The full names and capacities, whether individual, corporate, associate or 5 otherwise, of the defendants herein named as DOES 1 through 10, inclusive, are 6 presently unknown to SOS, who, therefore, sues such defendants by such fictitious 7 names. SOS will amend this Complaint to show their true names and capacities when 8 the same have been ascertained. SOS alleges on information and belief that all of the 9 defendants fictitiously named as DOES 1 through 10 are jointly and severally liable and 10 at fault in some manner for the acts and omissions herein alleged and complained of, and 11 caused the injury and damage to MW as alleged herein. 12 57. SOS alleges on information and belief that in performing the acts and 13 omissions alleged herein, each of the Defendants was the agent and employee of each of 14 the other Defendants and was at all times acting within the course and scope of such 15 agency and employment. 16 IV. GENERAL ALLEGATIONS 17 A. SOS And Turner Exist To Provide Healthcare To Communities That 18 Lack Adequate Health Resources. 19 58. FQHCs, such as SOS, are regulated by the Health Resources and Services 20 Administration ("HRSA) of the United States Government. FQHCs receive an annual 21 grant from HRSA for each approved site at which services are provided. In addition, 22 FQHCs receive a higher reimbursement rate for seeing Medicaid (MediCal) patients 23 than do hospitals, non-FQHCs, or practitioners. 24 59. In exchange for. the HRSA grant and higher reimbursement rate, FQHCs 17 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 18 of 45 Page ID #18 1 must provide cradle to grave primary care services and must accept all patients 2 regardless of insurance status or ability to pay. FQHCs are also required to establish 3 "sliding scale" fees for uninsured patients based on an assessment of the patient's 4 income relative to federally adjusted poverty line which takes into consideration the size 5 of the individual's household among other factors. FQHCs are mandated to charge at 6 least a"nominal fee" regardless of how low an individual's income may be. 7 B. SOS And Turner Agree To Develop Medical Offices At The Main 8 Street Property. 9 60. SOS currently operates medical offices in four locations across Orange 10 County, California. One of those offices, the SOS El Sol Wellness Center, is located at 11 1014 N. Broadway, in Santa Ana, California (the "North Broadway Office"). 12 61. SOS has outgrown the North Broadway Office, and needs more space to 13 expand its operations. 14 62. Accordingly, in the fall of 2021, SOS and Turner began looking for a larger 15 building that could house a new medical office to replace the North Broadway Office, 16 based on an understanding that Turner would purchase the building, and SOS would 17 lease the building from Turner with the option to purchase the Main Street Property at 18 year four of the lease. 19 63. Turner is an investment company that invests in under-resourced 20 communities, and builds healthcare facilities on its properties. Turner then leases those 21 facilities to healthcare providers to serve those under-resourced communities. 22 64. Eventually, SOS and Turner found the Main Street Property, located at 23 2670 N. Main Street. The Property consists of a 1.44 acre parcel of land, with an 24 existing office building of approximately 44,000 square feet. The Main Street Property 18 Complaint of Share Our Selves Case 8:23-cv-00504 Document I Filed 03/20/23 Page 1.9 of 45 Page ID #:1.9 1 is in the area designated as the "P district" in the City's Zoning Code. 2 65. On February 25, 2022, SOS and Turner executed a term sheet (the "Term 3 Sheet"), setting forth the parties' intention to purchase and cause the Main Street 4 Property to be remodeled to serve as an expanded outpatient clinic for SOS (previously 5 defined hereinabove as the "Project"). 6 66. The Term Sheet specified that Turner was to negotiate and purchase the 7 Main Street Property, and then develop and construct the medical office space. Eighty 8 percent of the budget for the purchase, development, and construction was to be 9 supplied by Turner, and the remaining 20% was to be supplied by SOS, with Turner 10 holding title to the Property. 11 67. Under the Term Sheet, SOS would enter into a 20-year triple-net lease of 12 the Property, accepting responsibility for maintenance and repairs (other than roof and 13 structural elements). The rent would be calculated based on the final budget, and SOS 14 would be provided with two five-year options to extend, and an option to purchase the 15 Property at year four of the lease. In the event SOS and Turner were not able to 16 consummate the intended transaction, they agreed that the SOS and Turner would each 17 be responsible for 50% of the costs incurred relating to the Project. 18 68. On March 7, 2022, Turner entered into a purchase and sale agreement (the 19 "PSA") to buy the Main Street Property (the "PSA") from the Himy Family Limited 20 Partnership II, LP (the "Seller"). The PSA provided Turner with a period of 90 days 21 (the "Inspection Period") to conduct all due diligence of the property, including any 22 attempts to obtain entitlements, approvals, permits, and private party consents to develop 23 and construct the medical office facilities in the existing office building. The PSA 24 further provided that the Turner had the sole and absolute discretion to decide whether 19 Complaint of Share Our Selves Case 8:23--cv-00504 Document I Filed 03/20/23 Page 20 of 45 Page ID #:20 1 or not to purchase the Main Street Property prior to the expiration of the Inspection 2 Period. 3 69. Under the PSA, Turner was required to, and did, place a refundable deposit 4 into escrow, and made a non-refundable payment in Independent Consideration to the 5 Seller. 6 70. On May 31, 2022, Turner and the Seller extended the Inspection Period 7 through August 5, 2022, pursuant to a First Amendment to the PSA, which required 8 Turner to pay a nonrefundable Extension Fee. 9 71. A second amendment to the PSA was entered into on July 27, 2022. This 1.0 amendment allowed a series of extensions of the Inspection Period. The first extension 11 would be through September 6, 2022, and would require Turner to pay a second 12 Extension Fee. The second extension would be through October 6, 2022, and would 13 also require Turner to pay a third Extension Fee. The third extension would be through 14 November 7, 2022, and would require Turner to pay a fourth Extension Fee. Turner 15 paid all four of these Extension Fees, and obtained the extensions to November 7, 2022. 16 72. On November 7, 2022, Turner and the Seller entered into a third 17 amendment to the PSA, which required Turner to: (1) release a portion of the funds 18 deposited into escrow to the Seller, and (2) make additional nonrefundable payments of 19 three Extension Fees in exchange for three additional 30-day extensions of the 20 Inspection Period. Turner released the escrow funds, made the Extension Fee payments 21 and received the three extensions, after which the Inspection Period was set to expire on 22 February 6, 2023. Under the fourth and final amendment to the PSA, the parties 23 extended the Inspection period through February 10, 2023. 24 73. While these amendments were being negotiated and executed, Turner was 20 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 21 of 45 Page ID #:21 1 also in contact the City to begin the process of obtaining the necessary approvals for the 2 Project. 3 C. Attempts By Turner And SOS To Develop The Main Street Property 4 Run Into Resistance From City Staff. 5 74. At the time the PSA was executed, Medical and dental offices were 6 permitted as a matter of right in the P District in which the Main Street Property is 7 located, and there were no restrictions regarding the entities that could operate such 8 offices. Accordingly, the primary entitlements necessary were a building permit and 9 approval of a major commercial remodel application (the "Major Remodel 10 Application"). Also, the original plans for the Main Street Property required a minor 11 exception to reduce the off-street parking requirements for the site, and to permit tandem 12 parking. 13 75. Turner submitted the materials supporting its application for the minor 14 exception to the City on August 30, 2023. Those materials included a project 15 description, which stated that "Share Our Selves Corporation, a non-profit, Federally 16 Qualified Health Center providing healthcare services to the general public regardless of 17 insurance status or ability to pay, would operate the first- and second-floor medical 18 offices." 19 76. The City denied the minor exception application on October 27, 2022. 20 77. While Turner and SOS initially planned on appealing the denial of the 21 minor exception, they eventually decided that simply altering the plans for the remodel 22 to decrease floor space and increase parking space in order to fully comply with the 23 City's parking requirements might be a better course of action. 24 78. Accordingly, on November 17, 2022, Turner's representative contacted 21 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 22 of 45 Page ID #:22 1 City staff to inform them that Turner and SOS intended to modify their development 2 plans in order to fully comply with all parking requirements. Turner's representative 3 explained that this was being done in order to complete the application process before 4 the PSA expired in February of 2023. She then asked City staff to confirm that, if the 5 remodel project complied with the parking requirements and other zoning and building 6 requirements, the approval of the project would consist of an administrative review by 7 City staff and the use would be:allowed as a matter of right. 8 79. The City replied by e-mail on November 28, 2022, and confinned that the 9 Project "would be subject to administrative review by the Planning Division." A true 10 and correct copy of the email chain including Turner's email of November 17, 2022, and 11 the City's email of November 28, 2022, is attached as Exhibit A hereto 12 80. On December 6, 2022, Turner informed City Staff that it was planning on 13 submitting a Major Remodel Application that complied with the parking requirements 14 by December 22, 2022. 15 81. On December 22, 2022, Turner submitted the plans for their Major 16 Remodel Application in full compliance with the parking requirement (and all other 17 applicable requirements). Turner believed that the Application would quickly be 18 approved on a ministerial basis. 19 D. The City Adopts The Urgency Ordinance To Prevent Purchase And 20 Remodeling Of The Main Street Property By Turner And SOS. 21 82. Once it became known at the City that Turner had resolved the parking 22 issues by reducing the square footage of the Project so that a minor exception was no 23 longer needed and the plans for the Project could be quickly approved, various persons 24 at the City became alarmed that the Project might actually become a reality and, without 22 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 23 of 45 Page ID #:23 1 telling Turner or SOS, began formulating plans to prevent the Project from going 2 forward. The plan they devised, and proceeded to conceal from Turner and SOS, 3 involved adding language to an omnibus amendment to the Zoning Code that had been 4 floating around for months at the City. 5 83. Indeed, months earlier, at a meeting of the City's Planning Commission 6 held on September 26, 2022, consideration of proposed omnibus Zoning Ordinance 7 Amendment 2022-03 (the "Proposed Omnibus Amendment") was placed on the agenda. 8 This Proposed Omnibus Amendment to the Zoning Code was the precursor to what 9 would ultimately be adopted by the City Council as the Permanent Ordinance on 10 February 7, 2023. 11 84. However, as of the September 2022 timeframe, the Proposed Omnibus 12 Amendment did not include any provisions requiring CUPs for Medical Offices in the P 13 District that are operated by government, government-subsidized, not-for-profit, or 14 philanthropic entities (previously defined hereinabove as "Non-Profit Entities"). 15 85. Moreover, as of the December 2022 timeframe, there was nothing pressing 16 or urgent about adopting the Proposed Omnibus Amendment, given that it had been 17 taken off calendar at the September 26, 2022 meeting without discussion by the 18 Planning Commission, and had been allowed to languish for nearly three months until it 19 had been rescheduled for hearing on December 12, 2022. 20 86. The public notice for the Proposed Omnibus Amendment to be considered 21 at the December 12, 2022 Planning Commission meeting was published on November 22 29, 2022, and no mention whatsoever about imposing any CUP requirements on Non- 23 Profit Entities that sought to operate any Medical Offices in the P District. 24 87. Ncvertheless, despite this blatant lack of public notice, and without any _ 23 Complaint of Share Our Selves Case 8:23-cv-00504 Document I Filed 03/20/23 Page 24 of 45 Page 1D #:24 1 notice having been given to Turner or SOS, the version of the Proposed Omnibus 2 Amendment to the Zoning Code that City staff presented to the Planning Commission. 3 for its consideration at the December 12, 2022 meeting did, in fact, include new 4 language purporting to amend section 41-313.5 of the Zoning Code to require Non- 5 Profit Entities to obtain a discretionary permit, i.e., a CUP (hereinafter referred to as the 6 "CUP Requirement"), before being allowed to operate any Medical Offices in the P 7 District. 8 88. What is important to note is that this new language surfaced at the Planning 9 Commission meeting just two weeks after City staff had informed Turner in.writing that 10 the Project would only be subject to administrative review by the Planning Division, 11 There can be no doubt, therefore, that this new language was purposely aimed at SOS's 12 Project and was designed to bring it to an immediate halt. 13 89. At the December 12, 2022 meeting, the Planning Commission voted to 14 recommend that the City Council approve the version of Zoning Ordinance 2022-03 that 15 amended section 41-313.5 of the Zoning Code to impose the discriminatory CUP 16 Requirement for Medical Offices operated by Non-Profit Entities in the P District. 17 90. Shortly thereafter, on December 20, 2022, the City Council held a hearing 18 on the Urgency Ordinance, which was virtually identical to Zoning Ordinance 2022-03 19 that had been recommended for approval by the Planning Commission on December 12, 20 but the Council hurriedly enacted the Ordinance as an urgency measure, rather than as a 21 permanent ordinance. 22 91. Once again, despite the fact that the Urgency Ordinance was obviously 23 intended to apply to the Project, the City opted not to give Turner or SOS any heads up 24 or other form of notice of the hearing on the Urgency Ordinance. 1n fact, no advance 24 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 25 of 45 Page ID #:25 1 notice of the hearing on the Urgency Ordinance was given to the general public either. 2 92. At its December 20, 2022 meeting, the City Council unanimously passed 3 the Urgency Ordinance, which purported to add new subdivision (p)to section 41-313.5 4 of the City's Municipal Code. That new subdivision provided that a CUP would be 5 required in the P District for any "Medical offices operated by government, government- 6 subsidized, not-for-profit, or philanthropic entities." Under section 41-313 of the City's 7 Municipal Code, any Medical Offices operated by For-Profit Entities (as previously 8 defined above) are permitted in the P District as a matter of right, with no need to obtain 9 a CUP. 10 93. Attached as Exhibit B hereto is a true and correct copy of the Agenda 11 Packet for the Urgency Ordinance, which contains a true and correct copy of the 12 Urgency Ordinance. 13 94. In addition to enacting the CUP Requirement that only applies to Non- 14 Profit Entities, the City engaged in additional unlawful and discriminatory conduct by 15 including in the Urgency Ordinance (and ultimately also in the Permanent Ordinance 16 also) provisions to prohibit Medical Offices from treating substance abuse or providing 17 any "homeless support services" in the P District, and to allow the installation of electric 18 fences to prevent homeless people from trespassing on properties adjacent to railroad 19 tracks. 20 95. At the City Council hearing on the Urgency Ordinance, the Council 21 discussed some matters relating to the use of electric fences to ward off"transient 22 populations"—i.e., homeless persons—but there was no discussion of the discriminatory 23 CUP Requirement at all. 24 96. Because the City had purposely left Turner and SOS in the dark about the _ 25 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Piled 03/20/23 Page 26 of 45 Page ID #:26 1 Urgency Ordinance, Turner submitted its Major Commercial Remodel Application for 2 the Main Street Property on December 22, 2022, two days after the Urgency Ordinance 3 had already gone into effect. 4 97. Turner did not learn of the Urgency Ordinance until City staff sent an e- 5 mail to Turner on December 29, 2022, stating that a CUP would be required to allow "an 6 entity such as Share Our Selves" to conduct any operations in the P District. 7 98. On January 31, 2023, City staff informed Turner that proceeding with a 8 CUP application would also require payment of a Development Permit Fee in the 9 amount of$5,216.38, an Environmental Determination Fee of$706, and an OCFA fee 10 of$404. 11 E. The Urgency Ordinance Expires, Turner resubmits Its remodel 12 Application, And The City Council .Approves The Permanent 13 Ordinance. 14 99. On January 17, 2023, the City Council held a public hearing on the first 15 reading of the Permanent Ordinance, which is the permanent version of Zoning 16 Ordinance 2022-03. Like the Urgency Ordinance, this version also contained the 17 discriminatory CUP Requirement in section 41-313.5(p) of the City's Municipal Code, 18 and the other anti-homeless provisions discussed above. 19 100. For the third time, despite the fact that the City intended the Permanent 20 Ordinance to (a) directly apply to the Project, (b) prevent Turner from timely closing 21 escrow on the Main Street Property, and (c) effectively prohibit SOS's use of that 22 Property, the City failed to give Turner or SOS any notice of the hearing on the 23 Permanent Ordinance. Once again, the public notice did not state that the City was 24 considering imposing a CUP requirement for medical offices in the P District. 26 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 27 of 45 Page ID #:27 1 101. More importantly, the public notice for the January 17, 2023 hearing on the 2 first reading of the Permanent Ordinance was legally defective and violated section 3 65094 of the Government Code by failing to state whether the Planning Commission 4 had recommended that the City Council adopt the Permanent Ordinance. 5 102. At the January 17, 2023 hearing, the City Council voted to approve the 6 Permanent Ordinance, and to advance it to a second reading, which was scheduled for 7 February 7, 2023. 8 103. Attached as Exhibit C hereto is a true and correct copy of the Agenda 9 Packet for the Permanent Ordinance, which contains a true and correct copy of the 10 Permanent Ordinance and the Notice of Public Hearing. 1.1 104. Under California Government Code section 65858(a), the Urgency 12 Ordinance expired by operation of law on February 3, 2023, 45 days after it was 13 adopted. Furthermore, under California Law, the Permanent Ordinance would not take 14 effect until 30 days after the City Council approved it on the second reading. 15 105. Accordingly, on Monday February 6, 2023, Turner resubmitted its Major 16 Commercial Remodel Application (the "Resubmitted Application") for the Main Street 17 Property, which was no longer subject to the CUP requirement in the Urgency 18 Ordinance. 19 106. On February 7, 2023, the City Council held the second reading of the 20 Permanent Ordinance. SOS submitted written comments to the City Clerk, explaining 21 that the public notice for the public hearing and first reading was invalid, requesting that 22 the public hearing on the Permanent Ordinance be reopened, and setting forth the 23 reasons for SOS's opposition to the Permanent Ordinance. A true and correct copy of 24 SOS's written comments is attached hereto as Exhibit D. 27 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 28 of 45 Page ID #:28 1 107. Representatives of SOS also appeared in person at the February 7, 2023 2 City Council meeting, and reiterated SOS's opposition to the Permanent Ordinance, and 3 its request that the public hearing be reopened. The City Council refused to reopen the 4 public hearing, and approved the Permanent Ordinance. 5 108. Attached as Exhibit E hereto is a true and correct copy of section 41-313.5 6 of the City's Municipal Code, as enacted by the Urgency Ordinance and the Permanent 7 Ordinance. 8 109. On Wednesday, February 8, 2023, City staff sent an e-mail to Turner 9 regarding its Resubmitted Application. In that e-mail, staff ignore state law and claimed 10 that, under the City's charter, the Urgency Ordinance has "immediate and lasting 11 effect," and thus "the development project and conditional use permit processes are still 12 applicable." A true and correct copy of the City staff s February 8, 2023 e-mail is 13 attached hereto as Exhibit F. 14 110. Later that day, counsel for SOS submitted a letter to the City Attorney, 15 Sonia Carvalho, explaining that because Government Code section 65858(a) explicitly 16 states that it applies to charter cities, City Staff statement and refusal to process the 17 application are plainly contrary to California law. The letter then requested that the City 18 Attorney explain why the application could not be processed and a building permit 19 issued before the Permanent Ordinance takes effect. 20 111. The City Attorney responded by asserting (without citation to any 21 authority) that the City's charter allows urgency ordinances to take immediate effect. 22 Again, this ignores the fact that Government Code section 65858(a)provides for a 45- 23 day expiration date for such urgency ordinances, and expressly states that charter cities 24 are subject to the provisions of section 65858. 28 Complaint of Share Our Selves Case 8:23-cv-00504 Document I Filed 03/20/23 Page 29 of 45 Page 1D #:29 1 112. A charter city cannot use provisions in its charter to override state statutes 2 that expressly apply to charter cities. Accordingly, the City Attorney's indefensible 3 refusal to abide by California law is evidence of the malicious and discriminatory intent 4 that the City bears towards SOS and its homeless and impoverished clientele. 5 113. On March 15, 2023, the City again sent an e-mail addressing the status of 6 Turner's Resubmitted Application, confirming that the Application has been closed and 7 that a new application for a CUP would be required instead. A true and correct copy of 8 the City's March 15, 2023 e-mail is attached hereto as Exhibit G. 9 F. The City's Actions Cause Turner And SOS To Lose The Right To 10 Purchase The Main Street Property. 11 114. As a result of the City's adoption of the Permanent Ordinance, and its 12 refusal to process Turner's Resubmitted Application following the expiration of the 13 Urgency Ordinance, the Seller of the Main Street Property refused to extend the 14 Inspection Period under the PSA any further, and the PSA was terminated. 15 115, The Main Street Property is still on the market, and SOS and Turner could 16 potentially enter into a new contract to purchase the Property if their rights to develop a 17 medical office without the burdensome and impracticable requirement for applying for a 18 CUP were affirmed in this Action. 19 G. The CUP Process Is Futile And Unreasonably Burdensome. 20 116. Applying for a CUP to develop a medical office in the P district would be a 21 fatile, because the City Council is biased against SOS and its low income, homeless, and 22 Latina clientele, and will discriminate against them by refusing to grant such a permit. 23 117. Moreover, Turner's funding of the purchase depends on its ability to lease 24 the space to SOS in accordance with its corporate purpose. Unfortunately, the Seller is 29 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 30 of 45 Page ID #:30 1 no longer willing to hold the Main Street Property off the market and under contract to 2 Turner long enough for Turner and SOS to pursue approval of a CUP application. 3 118. In addition, Turner and SOS cannot apply for a CUP on property they do 4 not own without the permission of the property owner. 5 119. This means that, to apply for a CUP (with little to no chance of success 6 given the City's demonstrated bias), Turner and/or SOS would have to spend millions of 7 dollars to purchase the Main Street Property with no guarantee that they would ever be 8 able to use the building. Neither Turner nor SOS has sufficient funds to make such an 9 imprudent gamble. 10 120. The discriminatory requirement to apply for a CUP, in and of itself, 11 therefore, imposes an unreasonable burden that puts SOS and Turner at a disadvantage, 12 since persons and entities not subject to that requirement will be able to purchase 13 properties in the P District without a contingency period, knowing that they will be able 14 to use the properties for medical offices as a matter of right. 15 H. Exhaustion Of Administrative Remedies. 16 12t. To the extent that exhaustion of administrative remedies is required, SOS 17 exhausted its administrative remedies by appearing at the second reading of the 18 Permanent Ordinance, stating the reasons for its opposition both orally and in writing, 19 and making an earnest request that the City Council reopen the public hearing on the 20 Permanent Ordinance to consider the grounds for SOS's opposition to the Permanent 21 Ordinance. The City Council unreasonably refused to do so, and adopted the Permanent 22 Ordinance over SOS's opposition. 23 122. SOS also attempted to timely obtain the ministerial approvals that would be 24 necessary to remodel the Main Street Property without a CUP. That attempt was fully 30 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 31 of 45 Page 1D #:31 1 and finally rejected by the City in Exhibits E and F, hereto. 2 123. SOS was prevented and excused from appearing at the first reading of the 3 Permanent Ordinance because notice of that hearing was defective under California 4 Government Code section 65094. 5 124. Specifically, the notice did not reference the Planning Commission's 6 recommendation regarding the Ordinance as required by law, did not provide any hint or 7 suggestion that government subsidized, non-profit, and philanthropic medical offices 8 were going to be treated differently than all other medical offices, and, most importantly, 9 the notice did not indicate that applications that had been duly submitted before the 10 Permanent Ordinance took effect (such as SOS's) were not going to be grandfatbered in 11 and exempted from the CUP Requirement. 12 1. Standing. 13 125. SOS has standing to bring this Action on behalf of itself for injuries to its 14 own rights as set forth below. SOS also has standing to assert Turner's claims by virtue 15 of Turner's assignment of all of its claims and causes of action to SOS. A true and 16 correct copy of the Assignment of Claims Agreement between Turner and SOS is 17 attached hereto as Exhibit H. 18 126. In addition, SOS has organizational standing to bring suit on behalf of its 19 staff of doctors, nurses, and other health care providers, because (1) those staff members 20 would have standing to sue on their own right, (2) the interests this Action seeks to 21 vindicate are germane to SOS's purpose, and (3) neither the claim asserted nor the relief 22 requested requires the participation of individual staff members in the lawsuit. 23 127. Finally, SOS also has standing to assert claims for discrimination and 24 violation of the rights of its patients for two reasons. First, SOS is asserting claims 31 Complaint of Share Our Selves Case 8:23-cv-00504 Document I Piled 03/20/23 Page 32 of 45 Page ID #:32 1 based on damage inflicted on its own business due to unlawful discrimination and 2 violation of the rights of its patients. Second, SOS has standing to assert constitutional 3 violations of its patients' rights because: (1) SOS itself has suffered a substantial injury- 4 in-fact, in the form of the loss of the right to purchase the Main Street Property, as well 5 as the loss of significant funds spent in developing the Property and extending the PSA, 6 thereby giving SOS a sufficiently concrete interest in the outcome of the issue in 7 dispute, (2) SOS has a close enough relationship to its patients to justify standing, and 8 (3) the patients themselves are unable and unlikely to assert claims against the City 9 relating to its zoning ordinances because (a) most lack sufficient financial resources to 10 fund litigation, (b) many of the potential patients that could be served in the P District 11 are as yet unknown, and (c) the Ordinances have an indirect effect on their rights and the 12 existing ordinances are likely unknown to them. 13 FIRST CLAIM FOR RELIEF 14 (Violation of the Fourteenth Amendment to the United States Constitution-- 15 Substantive Due Process, Under 42 U.S.C. § 1983, 28 U.S.C. §§ 1331 & 2201) 16 128. Plaintiff realleges and incorporates herein by reference each and every 17 allegation contained in paragraphs 1 through 127, inclusive, as set forth above. 18 129. The Urgency Ordinance, the Permanent Ordinance, and Municipal Code § 19 41-313.5(p), on their face and as applied, impose the discriminatory CUP Requirement 20 on Medical Offices operated by Non-Profit Entities in the P District, while not requiring 21 a CUP for Medical Offices that are operated by For-Profit Entities in that same District. 22 130. Based on SOS's preliminary estimate, there appear to be at least 42 For- 23 Profit Entities that are currently operating Medical Offices in the P District. 24 131. The salient characteristic of Non-Profit Entities that is not shared with For- 32 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1. Filed 03/20/23 Page 33 of 45 Page ID#:33 1 Profit Entities providing medical services is that Non-Profit Entities provide medical 2 services to patients who generally cannot afford to purchase those services from For- a Profit Entities. In Santa Ana, the patients who typically visit Medical Offices operated 4 by Non-Profit Entities are (a) predominantly Latino immigrants with low incomes and 5 (b) homeless persons of various ethnicities. 6 M. The motivating intent, and effect, of the CUP Requirement enacted by the 7 Ordinances is to discriminate against the homeless, low-income, immigrant, and Latino 8 patients who are served by Medical Offices operated by Non-Profit Entities by depriving 9 them of the fundamental right of the opportunity to access healthcare from entities 10 willing to provide it, including the right to access reproductive healthcare. The 11 motivating factor and effect of the CUP Requirement is also to discriminate against the 12 Non-Profit Entities, themselves, based on their willingness to provide health care to such 13 patients. 14 133. The discriminatory CUP Requirement, both on its face and as applied, also 15 (1) infringes on and violates SOS's fundamental right of association and the 16 fundamental rights of its doctors, nurses, and other health care providers to privacy and 17 to freely associate with persons of their own choosing, guaranteed by the First and 18 Fourteenth amendments to the United States Constitution, and (2) infringes on and 19 violates the fundamental rights of SOS's patients to privacy and to freely associate with 20 persons of their own choosing, guaranteed by the First and Fourteenth amendments to 21 the United States Constitution by, among other things, interfering with their right to seek 22 health care, including reproductive health care, from doctors, nurses, and other health 23 care providers willing to provide it. 24 134. The CUP Requirement is not narrowly tailored, and does not serve any 33 _ Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 34 of 45 Page ID #:34 1 compelling state interest. Indeed, the requirement is arbitrary and not rationally related 2 to any legitimate governmental purpose. There is no reasonable basis for discriminating 3 between Medical Offices operated by Non-Profit Entities and Medical Offices operated 4 by For-Profit Entities. 5 135. Instead, the CUP Requirement and the related discriminatory conduct by 6 the City against Non-Profit Entities and the patients they serve are based solely on 7 personal and group animus against, and malicious intent towards, people who are 8 homeless, low-income, immigrant, and Latina, as well as against those organizations 9 that would provide healthcare and other services to these groups of people. 10 136. Indeed, the respective administrative records for the Ordinances do not 11 contain any explanation or evidence whatsoever to justify imposing the CUP 12 Requirement on Non-Profit Entities, but not imposing it on other entities. 13 137. As a pretextual justification for the discriminatory CUP requirement, the 14 City's Staff Reports for the Urgency Ordinance and Permanent Ordinance falsely stated 15 that the zoning provisions for the P District "[did] not currently permit medical uses 16 operated by government, government subsidized, not-for-profit, or philanthropic 17 entities." This is untrue. 18 138. Prior to the adoption of the Urgency Ordinance and the Permanent 19 Ordinance, the City's Zoning Code allowed Medical Offices in the P District, without 20 any restrictions or requirements regarding the type of entities that were permitted to 21 operate those Medical Offices. Indeed, the Hurtt Family Health Clinic, which is a 22 FQHC, and the St. Joseph Heritage Health Group are prime examples of Non-Profit 23 Entities that have operated Medical Offices in the P District for many years without 24 having to obtain a CUP or any other discretionary permit to conduct their operations in 3 4- _ Complaint of Share Our Selves T Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 35 of 45 Page ID #:35 1 that District. 2 139. This pretextual justification was designed to disguise the City's 3 discriminatory motive, by making it appear that the City was expanding the rights of 4 Non-Profit Entities when, in fact, it was unlawfully restricting them as a result of animus 5 towards the type of patients who typically visit Medical Offices operated by Non-Profit 6 Entities. 7 140. There is no governmental interest that justifies the City's discriminatory 8 conduct as alleged herein, and such actions on the part of the City truly shock the 9 conscience, because they are intended to injure and exclude people who are homeless, 10 low-income, immigrant, and Latino, as well as the charitable organizations that provide 11 these individuals with medical care. 12 141. California law prohibits local governments from engaging indiscrimination 13 based on race, national origin, immigration status, or wealth. In its February 6, 2023 14 letter to the Mayor and the City Council, which was hand-delivered to the City Clerk at 15 the outset of the February 7, 2023 meeting of the City Council, SOS explained the 16 discriminatory and unlawful nature of the Permanent Ordinance. 17 142. After the letter was delivered, the meeting was then delayed for almost 90 18 minutes as the Mayor and councilmembers remained in closed session, apparently to 19 watch President Biden's State of the Union address on TV. The letter--which the 20 Mayor, councilmembers, and. City Attorney had adequate time to read, and did read 21 based on and the statements that the City Attorney made later in the meeting—and the 22 remarks that the representatives of SOS and Turner addressed to the Mayor and 23 councilmembers during the public comment segment of the meeting, provided the City 24 with an opportunity to reflect and make reasoned and rational decisions, eliminating any 35 Complaint of Share Our Selves Case 8:23-cv-00504 Document I Filed 03/20/23 Page 36 of 45 Page 1D 1#:36 1 possibility that this discrimination was negligent or inadvertent. 2 143. The City Council passed the Permanent Ordinance anyway, in deliberate 3 indifference to the rights of Turner, SOS, and SOS's patients, and in a manner that 4 deliberately flouted state law and impermissibly infringed on on (a) SOS's fundamental 5 right of association and its equitable interest in leasing and using the Main Street 6 Property as an expanded outpatient clinic; (b) Turner's fundamental right of association 7 and its equitable interest in purchasing the Main Street Property pursuant to the PSA, S and leasing it to SOS; and (c)the fundamental rights of SOS's homeless, low income, 9 immigrant, and Latino patients to pursue their fundamental rights of privacy and 10 association, and the right to seek health care from an organization willing to provide it, 11 including the right to seek reproductive health care. 12 144. SOS is a government-subsidized, not-for-profit, and philanthropic entity 13 that wishes to operate a medical office in the City's P District, but has been thwarted by 14 the City's actions, the Urgency Ordinance, and the Permanent Ordinance, as set forth 15 above. 16 145. Turner and SOS had a contractual, equitable, and constitutionally protected 17 fundamental right to purchase, lease, and use the Main Street Property "by right" for 18 medical office use, according to the same laws applicable to other similarly situated 19 persons, including the right not to be discriminated against on the basis of the City's 20 animus toward people who are homeless, low-income, immigrant, and Latino and those 21 who provide these individuals with health care. Since other similarly situated entities 22 were allowed to use property in the P District for medical offices as a matter of right, 23 that right could not be constitutionally denied to Turner and SOS based on a violation of 24 fundamental constitutional rights and impermissible personal and group animus. 36 Complaint of Share Our Selves Case 8;23-cv-00504 Document 1 Filed 03/20/23 Page 37 of 45 Page ID #:37 1 146. Based on the foregoing, sections 4 and 8 of the Urgency Ordinance, 2 sections 9 and 16 of the Permanent Ordinance, and the discriminatory CUP Requirement 3 in Municipal Code § 41-313.5(p) are void in that they deny and violate the rights of 4 SOS, Turner, and SOS's patients to, substantive due process guaranteed by the 5 Fourteenth Amendment to the United States Constitution. 6 147. As a direct, foreseeable, and proximate result of the imposition of the 7 discriminatory CUP Requirement in the Urgency Ordinance and. the Permanent 8 Ordinance, SOS lost the opportunity to lease, and Turner lost the opportunity to 9 purchase the Main Street Property, as well as deposits paid to the Seller to extend the 10 PSA, and SOS's patients have lost the opportunity to exercise their fundamental rights 11 of privacy and association and the right to seek health care at the expanded SOS 12 location. 13 148. 7n addition, SOS and Turner incurred fees and costs in connection with the 14 proposed purchase and remodeling of the Main Street Property which have now gone to 15 waste as a proximate result of the City's wrongful and discriminatory conduct as alleged 16 above. Such conduct has caused SOS and Turner to suffer monetary damages in an 17 amount to be determined at trial, but in no event less than $500,000. 18 149. Turner has assigned all of its claims against the City to SOS to pursue in 19 this Action. SOS has standing to assert discrimination against it based on the identities 20 of its patients for the reasons set out above. 21 150. An actual controversy has arisen and now exists between SOS and the City 22 relative to their respective rights and duties in that SOS contends that ,sections 4 and 8 of 23 the Urgency Ordinance, sections 9 and 16 of the Permanent Ordinance, and the 24 discriminatory CUP Requirement in Municipal Code § 41-313.5(p) are void, invalid, 37 _ Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page M of 45 Page f D#:38 1 and unenforceable, both on their face and as applied to SOS, for the reasons set forth 2 above, and. the City disputes these contentions and contends that the Urgency Ordinance 3 and Permanent Ordinance, and section 41-135.5(p) are valid, enforceable, and in full 4 force and effect. 5 151. SOS desires a declaration as to the validity of sections 4 and 8 of the 6 Urgency Ordinance (to the extent such Ordinance is still in effect), ,sections 9 and 16 of 7 the Permanent Ordinance, and the discriminatory CUP Requirement in Municipal Code 8 § 41-313.5(p), both on their face and as applied to SOS's intended operation of a 9 Medical Office in the P District. A judicial declaration is necessary and appropriate at 10 this time so that SOS may ascertain its rights and duties with regard to operating a 11 Medical Office in the P District. Without such a declaration, it will be impossible for 12 SOS to obtain a lease or purchase of property in the P District for the establishment of a 13 Medical Office. 14 152. In addition, SOS is without an adequate remedy at law, because the 15 violations of constitutional rights that it and its patients have suffered and continue to 16 suffer cannot be adequately compensated by money damages. 17 153. Injunctive relief is necessary and appropriate to prevent the City from 18 continuing to violate the U.S. Constitution. Unless enjoined and restrained by this 19 Court, the City will continue to make it impossible for SOS to obtain an expanded 20 outpatient clinic in the P District to better serve its patients. 21 154. Accordingly, as a result of the City's violation of the constitutional rights 22 alleged above, SOS is entitled to ancillary temporary, preliminary, and permanent 23 injunctive relief enjoining the Defendants from applying, implementing, and enforcing 24 sections 4 and 8 in the Urgency Ordinance, sections 9 and 16 in the Permanent _ 38 Complaint of Share Our Selves Case 8:23-cv-00504 Document I Filed 03/20/23 Page 39 of 45 Page ID ##:39 1 Ordinance, and the discriminatory CUP Requirement in Municipal Code § 41-313.5(p). 2 SECOND CLAIM FOR RELIEF 3 (Violation of the Fourteenth Amendment to the United States Constitution —Equal 4 Protection, Under 42 U.S.C. § 1983, 28 U.S.C. §§ 1331 & 2201) 5 155. Plaintiff realleges and incorporates herein by reference each and every 6 allegation contained in paragraphs 1-127, 129-145, and 147-154, inclusive, as set forth 7 above. 8 156. Based on the foregoing, sections 4 and 8 of the Urgency Ordinance, 9 sections 9 and 16 of the Permanent Ordinance, and the discriminatory CUP Requirement 10 in Municipal Code § 41-313.5(p) are void in that they deny and violate the rights of 11 SOS, Turner, and SOS's patients to, equal protection of the laws as guaranteed by the 12 Fourteenth Amendment to the United States Constitution. 13 THIRD CLAIM FOR RELIEF 14 (Declaratory And Injuntive Relief For Violation of Article I, §§ 1, 1.1, 7 Of The 15 California Constitution -- Substantive Due Process, Under Cal. Code Civ. Proc. § 16 1060 & 28 U.S.C. § 2201) 17 157. Plaintiff realleges and incorporates herein by reference each and every allegation contained in paragraphs 1-127, 129-145, and 147-154, inclusive, as set forth 18 above. 19 158. Based on the foregoing, sections 4 and 8 of the Urgency Ordinance, 20 21 sections 9 and 16 of the Permanent Ordinance, and the discriminatory CUP Requirement 22 in Municipal Code § 41-313.5(p) are void in that they deny and violate the rights of 23 SOS, Turner, and SOS's patients to, substantive due process guaranteed by the California Constitution. 24 _ 39 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 40 of 45 Page 1D #:40 1 FOURTH CLAIM FOR RELIEF 2 (Violation of the Article I, §§ 1, 1.1, & 7 Of The California Constitution —Equal 3 Protection, Under Cal. Code of Civ. Proc. § 1060 & 28 U.S.C. § 2201.) 4 159. Plaintiff realleges and incorporates herein by reference each and every 5 allegation contained in paragraphs 1-127, 129-145, and 147-154, inclusive, as set forth 6 above. 7 160. Based on the foregoing, sections 4 and 8 of the Urgency Ordinance, 8 sections 9 and 16 of the Permanent Ordinance, and the discriminatory CUP Requirement 9 in Municipal Code § 41-313.5(p) are void in that they deny and violate the rights of 10 SOS, Turner, and SOS's patients to, equal protection of the law as guaranteed by the 11 California Constitution. 12 FIFTH CLAIM FOR RELIEF 13 (Supremacy Clause and State Law Preemption 28 U.S.C. §§ 1331 & 2201) 14 161. Plaintiff realleges and incorporates herein by reference each and every allegation contained in paragraphs 1-127, 129-145, and 147-154, inclusive, as set forth 15 above. 16 162. By openly discriminating against FQHCs, like SOS, section 4 and 8 of the 17 Urgency Ordinance, sections 9 and 16 of the Permanent Ordinance, and the 18 19 discriminatory CUP Requirement in Municipal Code § 41-313.5(p) stand as an obstacle 20 to the accomplishment and execution of the full purposes and objectives of Congress. 21 163. More specifically, as an FQHC, SOS is funded by the United States 22 government to provide health care services to medically underserved populations. 23 FQHCs were established by Congress in 42 U.S.C. § 1395x, and are funded by grants 24 under 42 U.S.C. § 254b. Section 254b specifically allows for grants that take into _ 40 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 41 of 45 Page ID #:41 1 account the need for medical services in homeless and high poverty populations. 2 164. In addition, various federal regulations and state statutes and regulations 3 embrace a legislative policy against discrimination in the provision of health care 4 services based on source of payment, including 42 CFR §§ 460.98, 460.112, Cal Health 5 & Sa£ Code § 1256.2, & 22 CCR §§ 97520.15, 70707. Discrimination against health 6 care provided by government-funded entities also impermissibly discriminates against 7 those individuals with disabilities who rely on such funding due to inability to work as a 8 result of their disabilities, as well as seniors who rely on such funding due to retirement. 9 165. The Public Health Service Act provides that eligible community health 10 centers and their employees are employees of the federal Public Health Service ("PHS") 11 for certain purposes. The Secretary of Health and Human Services deems a community 12 health center to be a PHS employee after the center has qualified for certain federal 13 assistance. Once a community health center is deemed a PHS employee, it enjoys 14 immunity from those acts that relate to its employment, and any actions against it are 15 treated as actions against the United States. Furthermore, for a FQHC receiving funds 16 under 42 U.S.C. § 254b, any officer, governing board member, or employee of such an 17 entity . . . shall be deemed to be an employee of the Public Health Service for purposes 18 such as immunity from liability for medical malpractice, etc. 19 166. There is, therefore, a direct agency relationship between FQHCs, such as 20 SOS, and the federal government. Sections 4 and 8 of the Urgency Ordinance, sections 21 9 and 16 of the Permanent Ordinance,and the discriminatory CUP Requirement in 22 Municipal Code § 41-313.5(p) interfere and conflict with the accomplishment and 23 execution of the full purposes and objectives of Congress, particularly with respect to 24 providing health care to underserved populations, including homeless persons. 41 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 42 of 45 Page [D#:42 1 167. Both on their face, and as applied to SOS, sections 4 and. 8 of the Urgency 2 Ordinance, sections 9 and 16 of the Permanent Ordinance, and the discriminatory CUP 3 Requirement in Municipal Code § 41-313.5(p) interfere and directly conflict with 4 Congress's full purpose and objections set forth in §§ 1395x and 254b (as well as the 5 legislative policy against source of payment discrimination), by placing burdens on 6 FQHCs that do not apply to private health care providers, because FQHCs are funded by 7 the government, and because they provide services to homeless and high poverty 8 populations. 9 168. Congress had particular purposes and objectives in mind in creating and 10 funding FQHCs, including the provision of health care to the very populations that the 11 City is attempting to discriminate against in the Urgency Ordinance and the Permanent 12 Ordinance. Leaving sections 4 and 8 of the Urgency Ordinance, sections 9 and 16 of the 13 Permanent Ordinance, and the discriminatory CUP Requirement in Municipal Code § 14 41-313.5(p) in place would compromise those objectives. Furthermore, there is no 15 reason to believe that Congress anticipated that cities would enact zoning ordinances 16 expressly discriminating against FQHCs or would be content to let such direct and 17 intentional interference with its purposes remain in place. 18 169. By virtue of this conflict with federal and state law sections 4. and 8 of the 19 Urgency Ordinance, sections 9 and 16 of the Permanent Ordinance, and the 20 discriminatory CUP Requirement in Municipal Code § 41-313.5(p) are void in that they 21 violate the Supremacy Clause in the United States Constitution, and California law. 22 SIXTH CLAIM FOR RELIEF 23 (Petition For Writ Of Mandate Under Cal. Code Civ. Proc. § 1085, FRCP Rule .) 24 170. Plaintiff realleges and incorporates herein by reference each and every 42 Complaint of Share Our Selves Case 8:23-cv-00504. Document I Piled 03/20/23 Page 43 of 45 Page 1D #:43 1 allegation contained in paragraphs 1 through 169, inclusive, as set forth above. 2 171. For all of the reasons set forth above, sections 4 and 8 of the Urgency 3 Ordinance, sections 9 and 16 of the Permanent Ordinance, and the discriminatory CUP 4 Requirement in Municipal Code § 41-313.5(p) are unconstitutional and void. 5 172. As such, the City has a ministerial duty to void, vacate, and strike sections 4 6 and 8 of the Urgency Ordinance, sections 9 and 16 of the Permanent Ordinance, and the 7 discriminatory CUP Requirement in Municipal Code § 41-313.5(p). 8 173. SOS is without an adequate remedy at law, because the violations of 9 constitutional rights that it and its patients have suffered and continue to suffer cannot be 10 adequately compensated for by money damages. 11 SEVENTH CLAIM, FOR RELIEF 12 (Declaratory Relief re Expiration Of The Urgency Ordinance, Under Cal. Gov. 13 Code § 65858, Cal. Code of Civ. Proc. § 1060 & 28 U.S.C. § 2201) 14 174. Plaintiff realleges and incorporates herein by reference each and every 15 allegation contained in paragraphs 1 through 127, inclusive, as set forth above. 16 175. Under California Government Code section 65858(a), the Urgency 17 Ordinance expired by operation of law on February 3, 2023, 45 days after it was 18 adopted. 19 176. An actual controversy has arisen and now exists between SOS and the City 20 relative to their respective rights and duties in that SOS contends that the Urgency 21 Ordinance has expired under California law, while the City disputes that contention and 22 contends that the Urgency Ordinance is valid, enforceable, and still in full force and 23 effect, and that its urgency ordinances prohibiting and restricting land uses are not 24 required to comply with the expiration period set forth in Government Code section 43 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 44 of 45 Page ID #:44 1 65858(a). 2 177. SOS desires a declaration as to both the expiration of the Urgency 3 Ordinance, and the City's obligation to comply with the expiration period set forth in 4 Government Code section 65858(a) when enacting urgency ordinances that prohibit and 5 restrict land uses in the future. A judicial declaration is necessary and appropriate at this 6 time so that the parties may ascertain their respective rights and duties with respect to 7 the City's Urgency Ordinance and similar ordinances in the future. Without such a 8 declaration, the City will continue to pass urgency ordinances, and take the unlawful 9 position that the ordinances do not expire in accordance with California law. 10 WHEREFORE, Plaintiff prays for relief and judgment as follows: 11 For the First and Second Claims for Relief, an award of compensatory damages in an amount to be determined according to proof at trial, but in no event less than 12 $500,000. 13 For the First through Fifth Claims for Relief, appropriate declaratory and 14- injunctive relief, as prayed for above. 15 For the Sixth Claim for Relief, a writ of mandate as prayed for above. 16 For the Seventh Claim for Relief, appropriate declaratory relief as prayed for 17 above. For costs of suit and attorney's fees incurred by Plaintiff herein; and 18 For such other and further relief as the Court may deem just and proper. 19 DATED: March 20, 2023 CONNOR, CH ER & HEDENK MP LLP 20 21 By: Ed o d M. Connor 22 AlWheys for Plaintiff Share Our Selves Corporation 23 24 44 Complaint of Share Our Selves ase 8:23-cv-00504 Document 1 Piled 03/20/23 Page 45 of 45 Page ID#:45 1 VE.RWi[CATION 2 I, Christy Ward, declare and say: 3 1. I am the Chief Executive Officer of plaintiff and petitioner Share Our 4 Selves Corporation, and I am authorized to make this verification on its behalf. 5 2. I have read the foregoing"Complaint Of Share Our Selves Corporation For 6 Damages,And Declaratory And Injunctive Relief, For Constitutional Violations, And 7 Petition For Writ Of Mandate" and I Hereby verify that I am informed and believe the 8 facts alleged therein are true. 9 1 declare under penalty of perjury under the laws ofthe State of California that the 10 foregoing is true and correct. 1 ]. Executed this twentieth day of March,2023,at_KJeo - 6.pe.�,California. 12 13 C rzst War 14 15 DEMAND FOR.l-URY TRIAL 16 Pursuant to Federal Rule of Civil Procedure 38(b), Plaintiff Share Our Selves 17 Corporation hereby demands a trial by jury of all issues triable by a jury in this action. 18 DATED: March 20, 2023 CONNO . , FLETCHER & HEDENKAMP LLP 19 By: fi�UmondN —Connor 20 (Attorneys for Plaintiff Share Our Selves Corporation 21 22 23 24 45 Complaint of Share Our Selves Case 8:23-cv-00504 Document 1-1 Filed 03/20/23 Page 1 of 3 Page ID #:46 e � xhl Ebit Case 3:23-cv-00504 Document 1-1 Filed 03/20/23 Page 2 of 3 Page ID #:47 Doug Hedlenkamp From: Pezeshkpour, Ali <APezeshkpour@santa-ana.org> Sent: Monday, November 28, 2022 9:25 PM To: Kate Hirsh Cc: Thai, Minh; Paul Simonds; Matsler, Sean; Schloss, E.J.; Logan Harper Subject: RE: 2670 Main Street- medical use-follow up Attachments: 2670 N. Main Street- Project Plans(8-19-22)(15991678.1).pdf [External Sender] Hi Kate, Thank you for sharing the attached plans with the Planning Division for review. Fused on your description, Share Our Selves proposes to demolish the entire third floor's square footage in order to reduce the gross building square footage such that only 139 onsite parking spaces would be required for the remaining square footage's medical office use. Insofar as the proposed use and its required onsite parking conform to Zoning Code requirements,the review process would be administrative. Removal of the third floor's square footage would be subject to administrative review by the Planning Division for conformance to zoning code and Citywide Design Guidelines for conformance to development standards and design policies. Once cleared for plan check by the Building Division,the plans would be reviewed for full conformance to any applicable codes, including building and fire. Please let me know if I can answer any additional questions. All the best, -Ali From: Kate Hirsh<khirsh@turnerimpact.com> Sent:Thursday, November 17, 2022 4:48 PM To: Pezeshkpour,Ali<APezeshkpour@santa-ana.org> Cc:Thai, Minh<mthai@santa-ana.org>; Paul Simonds<paul@curtpringle.com>; Matsler, Sean <S Mats ler@coxcastle.com>;Schloss,E.J. <ESchloss@coxcastle.com>; Logan Harper<Iharper@turnerimpact.com> Subject:2670 Main Street-medical use-follow up Ali, Thank you for your time to discuss our proposed project at 2670 Main Street.We debriefed as a project team and would like to pursue the concept of removing the 3rd floor from the project.This would reduce the building square footage from 44,066 to 27,750 and the building would be 100% medical office use.At medical office parking requirements of 5:1000 that would equate to 139 parking stalls, and we currently have 139 parking stalls on site.The building exterior would maintain the same finish and overall aesthetic, but the overall building height would be less.We would explore ways to use the existing 3"floor wail structure as the new rooftop parapet/mechanical screen. It is my understanding that medical office is a by-right use, and if we eliminate building SF so that the proposed use can be 100% parked on site,there is no minor exception or other entitlement request. Our goal in pursuing this option would be to get planning signoff on our plans prior to expiration of our property due diligence period in February. I believe we would need to put something similarto a zoning package(site plan,floor plans, elevations, landscape plan) 1 Case 8:2.3-cv-00504 Document 1-1 Piled 03/20/23 Page 3 of 3 Page ID #:48 together for planning review and approval for submittal to the building department. Can you please let me know the requirements for the plan submittal so we can get our architect moving ASAP? am reattaching the existing building plans as submitted for the original parking request for quick reference. Thanks again and we are hopeful this is a viable path forward for this project and tenant. Sincerely, Kate Kate Hirsh Director Turner Impact Capital 1702 Olympic Boulevard Santa Monica, CA 90404 D: 31.0.752.9623 1 C: 310.658.3219 www.turnerimpact.com z Case 8:23-cv-00504 Document 1-2 Filed 03/20/23 Page 1 of 1.8 Page ID #:49 Exhl" bit Case 8:23-cv-00504 Document 1-2 Filed 03/20/23 Page 2 of 18 Page ID #:50 Planning and Building Agency santa-ana,orgldepartmentslplanning-and-building) i Item # 39 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Urgency Ordinance to Amend various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) Pertaining to Regulating Noxious Uses, Medical Offices Operated by Government, Government-Subsidized, Not-for-Profit, or Philanthropic Entities, Electric Fences, and Various Use Definitions AGENDA TITLE: Zoning Ordinance Amendment No. 2022-07 —An Urgency Ordinance of the City Council of the City of Santa Ana Amending Various Sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) Related to Noxious Uses, Medical Offices Operated by Government, Government-Subsidized, Not-for-Profit, or Philanthropic Entities, Electric Fences, and Various Use Definitions RECOMMENDED ACTION Approve Zoning Ordinance Amendment No. 2022-07 and adopt the Urgency Ordinance by two-thirds (213) vote to amend various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC). EXECUTIVE SUMMARY Staff is proposing to amend several sections of Chapter 41 (Zoning) of the SAMC to accomplish the following: address current and immediate threats to the public health, safety, or welfare due to the absence of regulations on noxious uses in close proximity to schools, parks, and residences; the absence of clear definitions defining and characterizing the various professional and administrative, and medical and nonmedical land uses and a conditional use permit (CUP) requirement for medical offices operated by government, government-subsidized, not-for-profit, or philanthropic entities; standards for construction of electric fences; and various use definitions to effectively carry out regulations. The proposed amendments are described in further detail in the Discussion section of this report. DISCUSSION Pursuant to SB 1000, the City was required to address Environmental Justice in the General Plan Update, The General Plan includes numerous goals, policies, and implementation actions that were developed in collaboration with the community to address environmental issues that Santa Ana residents face on a daily basis. Staff is proposing to amend several sections of Chapter 41 (Zoning) of the SAMC to address current and immediate threats to the public health, safety, or welfare due to the absence of regulations on noxious uses in close proximity to schools, parks, and residences. In addition, the absence of clear definitions defining and characterizing the various professional and administrative, and medicaLand-oan madmal land 1L%e_&,-njd_a_r_QndAjQWI imo narmif w1irpment faLinedical City Council 39 -- 1 12120/2022 Case 8:23-cv-00504 Document 1-2 Filed 03/20/23 Page 3 of 18 Page ID #:51 ZOA No. 2022-07-- Urgency Ordinance December 12, 2022 Page 2 offices operated by government, government-subsidized, not-for-profit, or philanthropic entities in the Professional (P) zoning district hinder the City's ability to meet the goals expressed in SAMC Section 41-1 (Purpose) to implement a regulatory land use and development framework to promote the health, safety, and the general welfare of the residents of Santa Ana. The proposed ordinance establishes a decision making process for the City to identify, evaluate, regulate, address, and reduce the potential impact to the built environment stemming from these land uses. The need is urgent as the City has and will continue to receive a higher rate of appeals of the City's permitting process pertaining to these land uses within the P zoning district. Lastly, there have been near daily police and/or code enforcement-related incidents regarding transient populations trespassing on and causing damage to private, non-residential properties abutting railroad rights-of-way in Santa Ana. Options and development standards for the installation of electric fencing types on private property to deter this type of activity are needed. Table 1 below and on the following pages illustrates the existing and proposed regulations to address these immediate needs and issues affecting the community. Table 1: ZOA No. 2022-07 Current and Proposed Text Regulations Topic Existing.Zoning Code Regulations Proposed Zoning Code Regulations Noxious Uses The SAMC regulates industrial and 1. Create new"noxious uses"section to noxious land uses through permitting require approval of a conditional use them in industrial zoning districts. permit for industrial type uses located However,the SAMC does not provide within 500 feet of a sensitive land use additional regulation for uses that have that requires a permit to discharge air a regional, state, or federal permit to contaminants or process or store emit or store or process hazardous regulated chemicals or substances waste that are in close proximity to (Sec.41-199.4). sensitive land uses. 2. Update the Non-Conforming section of the Zoning Code to require a conditional use permit for noxious uses whenever an existing non- conforming business changes ownership and requires a new certificate of occupancy.Additionally, require businesses with these type of permits to remain in compliance with applicable laws or lose their nonconforming status (Sec.41-683 and Sec.41-683.6). Medical Offices in The Professional(P)zoning district Revise the uses permitted subject to a the Professional permits medical and dental offices by conditional use permit section of the Zoning District right. However,the zoning district does Professional(P)zoning district to require not currently permit medical uses a conditional use permit for medical operated by government, government- offices operated by government, subsidized, not-for-profit, or government-subsidized. philanthropic entities. Counseling Services The SAMC does not currently define Create"counseling services"definition in -Definition counseling services. Division 2(Definitions),Article I of the Zonin Code 5ec.41-44.6 . City Council 39 -- 2 12120/2022 Case 8:23-cv-00504 Document i.-2 Filed 03/20/23 Page 4 of 18 Page ID #:52 ZOA No. 2022-07— Urgency Ordinance December 12, 2022 Page 3 Medical Office- The SAMC does not currently define 1, Create"medical office"definition in Definition medical office. Division 2(Definitions),Article I of the Zoning Code(Sec.41-121). 2. Update the permitted uses sections of the Professional (P), Community Commercial(Cl), Community Commercial--Museum District(Cl- MD),Arterial Commercial (C5), and South Main Street Commercial District(C-SM)to consistently use "medical office." Professional, The SAMC does not currently define 1. Create"professional, business, and Business,and professional, business,and administrative office"definition in Administrative Office administrative office. Division 2(Definitions),Article I of the -Definition Zoning Code(Sec.41-127.5) 2. Update the permitted uses sections of the Professional(P), Community Commercial(Cl), Community Commercial--Museum District(Cl- MD),Arterial Commercial(C5), and South Main Street Commercial District(C-SM)to consistently use "professional, business,and administrative office." Electric Fences The SAMC is currently silent on electric 1. Create"electric fence"definition in fences. The SAMC neither defines nor Division 2(Definitions),Article I of the regulates electric fences,which have Zoning Code(Sec.41-54.5) become more widely used as a means 2. Add new section to regulate zones to secure property from theft and/or and properties where electric fences vandalism. are permitted (only in M1 and M2, and only where abutting a rail right- of-way)subject to a minor exception Sec.41-610.5 . Noxious Uses In response to community concerns related to environmental pollution and the proximity of certain industrial uses in relation to homes, schools, and parks, the City adopted numerous environmental justide policies and actions in its General Plan to amend use regulations and development standards in the Zoning Code. A majority of the actions in the General Plan related to use, buffers, and development standards will be analyzed and addressed through the comprehensive Zoning Code Update. However, noxious businesses in close proximity to parks, schools, and residences is of immediate concern as they pose an immediate threat to the health and safety of those recreating, attending school, or residing in their proximity. Additionally, federal, state, and regional permitting agency requirements alone are insufficient to properly protect the health and safety of residents as has been proven through the numerous businesses that continue to be licensed in close proximity to sensitive receptors even when they violate applicable federal and state laws. Staff is proposing to create a new Section 41-199.4(Noxious uses) to require a CUP for industrial uses that require a permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances from a regional, City Council 39 --3 12/20/2022 Case 8:23-cv-00504 Document 1.-2 Filed 03/20/23 Page 5 of 18 Page ID #:53 ZOA No. 2022-07 -- Urgency Ordinance December 12, 2022 Page 4 state, or federal agency when located within 500 feet of public park, school, or a property used or zoned for residential purposes. To buttress this new amendment, staff also proposes to create a new Section 41-683.6 (Discontinuance of nonconforming noxious use) to require these types of businesses that do not have a CUP and are nonconforming to comply with development standards and CUP requirements when a business changes ownership, requires a new Certificate of Occupancy, or is in violation of any applicable federal, state, or local regulation for a period of sixty (60) consecutive days, receives three noncompliant notices, or is in violation for a total of ninety (90) days in a one year period. Professional, Business, and Administrative Office; Counseling Services; Medical Offices Chapter 41 of the SAMC currently does not provide a definition for "professional, business, and administrative office," and zoning districts where the use is permitted utilize inconsistent terminology. Staff is proposing to create a new Section 41-127.5 to define "professional, business, and administrative office" and to amend the uses permitted sections of various zoning districts where the use is permitted to utilize consistent terminology and provide clarity. Chapter 41 of the SAMC currently permits "counseling services" in the General Commercial (C2) zoning district subject to a CUP, but Chapter 41 does not provide a definition for the use. As such, businesses offering counseling services have attempted to operate in zoning districts where the use is not permitted under the impression that the use could be classified as a "professional, business, and administrative office" or a "medical office." To provide clarity to prospective businesses, staff is proposing to create a new Section 41-44,6 to define "counseling services." Chapter 41 of the SAMC currently does not provide a definition for "medical office," and zoning districts where the use is permitted utilize inconsistent terminology. The lack of a definition and utilization of inconsistent terminology, staff spends an inordinate amount of time providing members of the public and prospective business operators clarification on what business uses are categorized as a medical office and where the use is permitted. Staff is proposing to create a new Section 41-121 to define "medical office" and to amend the uses permitted sections of various zoning districts where the use is permitted to provide consistency in terminology and clarity. The amendments would also permit medical offices operated by government, government-subsidized, not-for-profit, or philanthropic entities subject to approval of a CUP. The above referenced definitions and amendment are needed to effectively carry out regulations and provide for their enforcement, without which the City would be in a precarious and untenable position when reviewing applications and making determinations to approve or deny a land use. City Council 39—4 12/20/2022 Case 8:23-cv-00504 Document 1-2 Filed 03/20/23 Page 6 of 18 Page ID #:54 ZOA No. 2022-07 _ Urgency Ordinance December 12, 2022 Page 5 Electrified Security Fences There have been near daily police and/or code enforcement-related incidents regarding transient populations trespassing on and causing damage to private, non-residential properties abutting railroad rights-of-way in Santa Ana. To address this pressing security matter, provide property and business owners another option to protect property from theft or vandalism, staff is proposing to amend Section 41-610.5 (Walls and fences) of the SAMC to permit electric fences only in the Light Industrial (M1) and Heavy Industrial (M2) zoning districts, respectively, on properties that abut a railroad right-of-way subject to the issuance of a minor exception. Additionally, staff is proposing a number of development standards such as minimum distance from residential properties, screening requirements, and accessibility requirements to ensure community compatibility, aesthetic considerations, and emergency responder access are addressed and maintained. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act("CEQA") and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to sections 15061(b)(3) and 15061(b)(5) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment. As a result Environmental Review No. 2022-123 will be filed upon adoption of this ordinance. FISCAL IMPACT There is no direct fiscal impact associated with this action. EXHIBIT(S) 1. Ordinance for ZOA No. 2022-07 Submitted By: Minh Thai, Executive Director of the Planning and Building Agency Approved By: Kristine Ridge, City Manager City Council 39 --5 12/20/2022 Case 8:23-cv-00504 Document 1-2 Filed 03/20/23 Page 7 of 18 Page ID #:55 ORDINANCE NO. NS-XXX AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING VARIOUS PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO NOXIOUS USES, MEDICAL OFFICES OPERATED BY GOVERNMENT, GOVERNMENT-SUBSIDIZED, NOT-FOR-PROFIT, OR PHILANTHROPIC ENTITIES, AND DEFINITIONS FOR OTHER OFFICE USES WHEREAS, pursuant to SB 1000, the City was required to address Environmental Justice in the General Plan Update due to a number of disadvantaged communities located within the City; and WHEREAS, the City Council adopted the General Plan Update on April 19, 2022, which included numerous goals, policies, and implementation actions associated with addressing environmental justice; and WHEREAS, developing, adopting, implementing, and enforcement of environmental laws, regulations, and policies can help address longstanding environmental impacts on communities; and WHEREAS, Land Use Element action 3.2 states that the City will undertake updating the zoning code's development and operational standards to address incompatibility of industrial uses in close proximity to sensitive receptors; and WHEREAS, the absence of clear and consistent use of terms and definitions for professional, business, and administrative office, medical office, and counseling service is inconsistent with the goals expressed by Santa Ana Municipal Code (SAMC) Section 41-1 (Purpose) in that the City cannot effectively carry out regulations and provide for their enforcement without clear and enforceable terms and definitions; and WHEREAS, the absence of a conditional use permit requirement for medical offices operated by government, government-subsidized, not-for-profit, or philanthropic entities is inconsistent with the goals expressed by SAMC Section 41-1 (Purpose) in that discretion by the Planning Commission and City Council cannot be exercised to ensure that the location and operation of such facilities are compatible with the scale, character, and nature of surrounding properties and neighborhoods as specified in SAMC sections 41-1 (a), (b), (e), and (f); and WHEREAS,AB 358 was adopted August of 2021, authorizing property owners that meet specified requirements to install and operate electrified fences on their property to protect and secure commercial or industrial property, but the absence of locally-adopted standards in the Zoning Code allowing and regulating electrified fences on private property poses a threat to the health, safety, and welfare of property owners and passers- by in Santa Ana, leading to potentially dangerous configurations of electrified fences that City Council 39 —6 o� r, � s xxx Page 1 of 12 Case 8:23-cv-00504 Document 1-2 Filed 03120/23 Page 8 of 18 Page ID #:56 do not meet local development standards that would otherwise ensure the safe design and installation of such fences; and WHEREAS, there have been near daily police and/or code enforcement-related incidents regarding transient populations trespassing on and causing damage to private, non-residential properties abutting railroad rights-of-way in Santa Ana; and WHEREAS, there is a current and immediate threat to the public health, safety, or welfare due to the absence of regulations on noxious uses in close proximity to schools, parks, and residences; the absence of conditional use requirements on medical offices operated by government, government-subsidized, not-far-profit, or philanthropic entities in the Professional (P) zone; the lack of clear land use definitions that may work an adverse impact on existing communities, as well as negatively impact property values, personal privacy, and fire safety; and the lack of standards for the installation of electric fences on private property. These threats to public safety, health, and welfare justify adoption of this ordinance as an urgency ordinance to be effective immediately upon adoption by a two-thirds vote of the City Council; and WHEREAS, pursuant to Santa Ana City Charter sections 415 and 417, based on the above findings, this Ordinance is declared by the City Council to be necessary as an emergency measure to protect and preserve the health, safety and welfare of the citizens of the City of Santa Ana and will become effective immediately if passed by the affirmative votes of at least two-thirds (2/3) of the members of the City Council. The City Council hereby finds that there is an urgent need to adopt these regulations in order to address the current and immediate threats set forth above. NOW, THEREFORE, the City Council of the City of Santa Ana does ordain as follows: Section 1. The recitals above are each incorporated by reference and adopted as finding by the City Council. Section 2. Section 41-44.6 (Counseling services) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-44.6. - Counseling services. A facility where personnel provide counseling sees,in individual orgroup sessions that focus specifically on mental development,„recovery, rehabilitative vocational assistance, and employment preparation for the purposes of achieving independence, and/or integration in the workplace and community. Fora practice roviding counseling services specializing in substance abuse, this includes a facility that provides substance abuse counseling practiced by a licensed professional, on an outpatient basis with or without the dispensing of medication onsite. "Counseling services" does not include "Medical office,"which is separately defined. Section 3. Section 41-54.5 (Electric fence) of Chapter 41 of the SAMC is hereby added to read as follows: City Council 39 —7 0J3QJ;9. -xxx Page 2 of 12 Case 8:23-cv-00504 Document 1-2 Filed 03/20/23 Page 9 of 18 Page ID #:57 Sec. 41-54.5. - Electric fence. "Electric Fence" and "Electrified Fence" shall mean_any_fence powered by an electrical energizer with characteristics outlined and defined in California Civil Code Section 835 used to protect and secure industrial property. •___._ Section 4. Section 41-121 (Reserved) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-121, - Medical office Reserved. A medical office is a facility providing consultation, diagnosis, therapeutic, preventive surgical, or corrective personal treatment services by doctors or dentists, and their support staff, to support the healing of humans wherein such medical doctors and dentists are licensed. These facilities can be at health centers, individual doctor or dentist offices and exclude practices providing counseling services specializing in substance abuse, homeless support services, and medical research laboratories. Section 5. Section 41-127,5 (Professional, business, and administrative office) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-127.5. - Professional, business, and administrative office. A professional, business, or administrative office is an establishment providing.,direct "over-the-counter" services or business service s to consumers or clients (e.g., insurance agencies, real estate offices, travel agencies utility company offices, etc.) and office-type facilities occupied by businesses providing professional services and/or engaged in the production of intellectual property. Section 6. Section 41-199.4 (Noxious uses) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-199.4. - Noxious uses. ,(a) AnV use other than eating establishments listed in Section 41-472 or 41-472.5 of this Chapter, regardless of the zoning district it is established or proposed to be established in, that requires a permit from a regional, state, or federal agency to handle store emit or discharge regulated compounds, materials chemicals or substances that is located within 500 linear feet of a public park, school (K-12) as defined by Section 11362.768 of the Health and Safety„Code, or property used or zoned for residential purposes requires a conditional use permit. LbA The 500_linear_foot distance shall be measured_from the outermost boundar roof the subject property to the closest„point of any public park. school. or property used or zoned for residential purposes. LcA The property owner or business operator of a business regulated by subsection (a) shall be responsible for notifying the City of anrequirement to obtain a permit from a regional, state, or federal agency. Notification to the City must be made City Council 39— 8 OIW-Z9Aq.3 s-xxx Page 3 of 12 Case 8:23-cv-00504 Document 1-2 Filed 03/20/23 Page 10 of 18 Page ID #:58 prior to obtaining any permit from a regional, state, ,or federal_agency for the business activities listed in subsection (a). ,(d) A business regulated by this section shall be in compliance with all provisions established by this Code and all applicable federal state or local regulations and conditions established by regulating.and permitting agencies. Section 7. Section 41-313 (Uses permitted in P district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-313. - Uses permitted in P district. The following uses are permitted in the P district: (a) Professional, business,and administrative offices where no merchandise is sold. (b) Banks, savings and loan offices, credit unions, and mortgage and finance companies. (c) Travel agencies. (d) Medical and dental (e) Art galleries, art and photography studios. (f) Museums and science centers. (g) Print and copy services. (h) Pharmacies, limited to the dispensing of goods and merchandise related to health care only, and excluding drive-through facilities. (i) Child care facilities. (j) Non-freestanding commercial and service uses which do not exceed ten (10) per cent of the floor space of the building in which they are located and which are supportive of, compatible with, and integrated into the professional and business uses on the same property, excluding drive-through facilities, and commercial uses which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (k) Freestanding restaurants, cafes, and eating establishments, excluding drive- through facilities and excluding any eating establishment specified in section 41- 313.5. Section 8. Section 41-313.5 (Uses subject to a conditional use permit in the P district) of Chapter 41 of the SAMC is hereby amended to read as follows: City Council 39 -- 9 oI'NPR9.39-xxx Page 4 of 12 Case 8:23-cv-00504 Document 1-2 Piled 03/20/23 Page 11 of 18 Page ID #:59 Sec. 41-313.5. - Uses subject to a conditional use permit in the P district. The following may be permitted in the P district, subject to the issuance of a conditional use permit: a. Convalescent hospitals, nursing homes, rest homes and extended care facilities. b. Hospitals. c. Trade and professional schools, d. Health clubs and gymnasiums. e. Recreational or entertainment uses if carried on in conjunction with any of the uses specified in clauses (e), (f) and (k) of section 41-313. f. Ambulance and emergency medical response services. g. Non-freestanding commercial and service uses which are open at any time between the hours of 12:00 midnight and 5:00 a.m., provided that such uses also meet the standards for commercial and service uses permitted under section 41-313, and further provided that such uses have less than twenty thousand (20,000) square feet of floor area. h. Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. i. Banquet facilities, subject to development and operational standards set forth in section 41-199.1. j. Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. k. Adult day care facilities. 1. Clubs, fraternities and lodges. m. Bail bond uses, subject to development and operation standards set forth in section 41-323. n. Churches and accessory church buildings. o. Parking lots and parking structures subject to compliance with the requirements of Section 41-324. p. Medical offices operated by government,government-subsidized, not-for-profit, or philanthropic entities. Section 9. Section 41-365 (Uses permitted in the C1 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-365. - Uses permitted in the C1 district. The following uses are permitted in the C1 district: (a) Retail and service uses, City Council 39— 1 a Page 6 of 12 Case 8:23-cv-00504 Document 1-2 Filed 03/20/23 Page 12 of 18 Page ID #:60 (b) Professional, business, and administrative and business-offices. (c) Automobile parking lots and parking structures. (d) Automobile sales, but excluding truck, trailer, tractor and boat sales. (e) Churches and accessory church buildings. (f) Mortuaries. (g) Theaters. (h) Hospitals, clinics, and sanitariums. (i) Animal hospitals and veterinaries. (j} Plant nurseries. (k) Gymnasiums. (1) Golf courses, both regulation and miniature, and driving ranges. (m) Public utility structures, including electric distribution and transmission substations. (n) Restaurants, cafes, and eating establishments, other than those specified in Section 41-365.5. (o) Schools and studios operated for commercial or public purposes. (p) Childcare facilities. (q) Service stations. (r) Automobile servicing. (s) Tattoo and/or body art establishments, subject to the development and operational standards set forth in Section 41-199.3. ft Medical offices. Section 10. Section 41-375.1 (Uses permitted in the CI-MD district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-375.1. - Uses permitted in the C1-MD district. The following uses are permitted in the CI-MD district: a Retail and service uses, other than those specified in section 41-375.2. City Council 39 — 11 oWAR939-xxx Page 6 of 12 Case 8:23-cv-00504 Document 1-2 Filed 03/20/23 Page 13 of 18 Page lD#:61 (b) Professional, business, and administrative and bassi offices where no merchandise is sold. (c) Medical and aroffices. (d) Theaters and cinemas. (e) Gymnasiums and health clubs. (f) Travel agencies, with no embarking or disembarking of passengers. (g) Art galleries and art and photography studios. (h) Museums and science centers. (i) Restaurants, cafes, and eating establishments other than those specified in section 41-375.2, excluding eating establishments with drive-thru window service. O Child care facilities. Section 11. Section 41-424 (Uses permitted in the C5 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-424. Uses permitted in the C5 district. The following uses are permitted in the C5 district: (a) Professional, business, and Aadministrative and prefess.0nal offices. (b) Retail and service uses. (c) Automobile parking lots, but excluding the sale or storage of automobiles, trucks, trailers, boats, or tractors, whether new or used. (d) Churches, chapels, mortuaries, and theaters. (e) Government buildings. (f) Restaurants and cafes, other than those specified in Section 41-424.5. (g) Schools and studios operated for commercial or public purposes. (h) Child care facilities. (i) The printing, publishing, and circulation of a newspaper, including plant and office. City Council 39 — 12 Page 7 of 12 Case 8:23-cv-00504 Document 1-2 Filed 03/20/23 Page 14 of 18 Page ID #:62 (j} Two-family dwellings not exceeding one (1) unit per three thousand (3,000) square feet of lot area, provided such units front on a secondary or local street. (k) Gymnasiums and health clubs. Medical offices. Section 12. Section 41-521 (Uses permitted in the C-SM district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-521. - Uses permitted in the C-SM district. The following uses are permitted in the C-SM district: (a) Retail and service uses. (b) Professional, business, and administrative,and business offices. (c) Public parking lots and parking structures. (d) Animal hospitals and veterinarians. (e) Gymnasiums, health clubs, and martial arts studios. (f) Public utility structures, including electric distribution and transmission substations. (g) Restaurants, cafes, coffeehouses, and eating establishments, other than those provided in section 41-522, excluding the establishment of drive through service facilities. (h) Schools and studios operated for commercial or public purposes. (i) Child care facilities. 0) Art galleries, museums and exhibit balls. (k) Plant nurseries. (1) Theaters. (m) Furniture stores. (n) Youth amusement rides ancillary to grocery, general merchandise and department retail store uses. Lol Medical offices. City Council 39-- 13 019&9 93A_xxx Page 8 of 12 Case 8:23-cv-00504 Document 1-2 Filed 03/20/23 Page 15 of 18 Page ID #:63 Section 13. Section 41-683 (Discontinuance of nonconforming building or use) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-683. - Discontinuance of nonconforming building or use. Except as provided in section 41-683.5 and 41-683.6, if a nonconforming use is discontinued, or if a nonconforming building is vacant, unused or unoccupied for a period of twelve (12) consecutive months, any subsequent use must conform in every respect to the provisions of this chapter, and a nonconforming building may not thereafter be used or occupied until it conforms in every respect to the provisions of this chapter. Section 14. Section 41-683.6 (Discontinuance of nonconforming noxious use) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41.683.6. -Discontinuance of nonconforming noxious use. Lal If a nonconforming use of a building regulated by Section 41-199.4 recluires a new certificate of occupancy for any reason other than a change in business name with no change in owner of the business, legal, nonconforming status shall be lost and any subsequent use must conform in every respect to-the provisions of this chapter. kb If a nonconforming use of a building regulated by Section-41-199.4 is in violation of any applicable_federal, state, or local regulation for a period of sixty (60) consecutive days, receives three noncompliant notices from a federal state or local_re_regulatory agency in a one (1 wear period, or is in violation for a total of ninety 94 days in a one 1 year period, legal nonconforming status shall be lost and any subsequent use of the building shall conform in every respect to the provisions of this chapter. Section 15. Section 41-610.5 (Wall and fence requirements in the industrial and commercial zones) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-610.5. -Wall and fence requirements in the industrial and commercial zones. (a) In the industrial and commercial zones,walls and fences shall not exceed ten (10) feet in height, and shall not exceed four (4) feet in height where the wall or fence extends into the required front yard or any required landscaped area. (b) On any lot in a C1, C2, C4, or C5 district, a concrete block wall not less than five (5) feet in height shall be erected along any property line contiguous to any residentially zoned property, except that such wall shall not exceed the height Iimitations prescribed in subsection (a) of this section. This requirement may be waived by the planning commission upon a finding that the abutting property is in a period of transition to nonresidential use, or that, due to special circumstances, the wall would not promote the public health, safety, or welfare. (c) Barbed wire is not permitted as part of a wall or fence except as follows: City Council 39 -- 14 oMARRA-xxx Page 9 of 12 Case 8:23-cv-00504 Document 1-2 Filed 03/20/23 Page 16 of 18 Page ID #:64 (1) In the M 1, M2 and LM districts: barbed wire is permitted subject only to the restrictions set forth hereinafter. (2) In the C1, C2, C4 and CM districts: barbed wire is permitted only in a rear year or side yard which is not viewable from a public street and is subject to the restrictions set forth hereinafter. (3) Barbed wire may not be used above the height limitations set forth in subsection (a) of this section. (4) Barbed wire may not be used as part of any wall or fence which is adjacent to property used for residential purposes or to property which is used as a school, church, park, or youth center. d� Electric fences shall only be permitted in the M1 and M2 districts subject to the issuance of a minor exception pursuant to Article V of this Chapter and shall meet the requirements set forth in California Civil Code Section 835 and below: Electric fences shall only be permitted on properties abutting a railroad right- of-way. Electric fences shall be located at least one hundred and fifty (150) linear feet from a property used for residential_or public park use, or any prosy zoned for such a use, or schools (K-12) as defined by_Section 11362.768 of the Health and Safety Code. Electric fences are only_pe_rmitted in a rear or side yard which is not„viewable from a public street. fAJ No electric fence shall be permitted, installed, or used unless it is completely surrounded and screened by a nonelectric wall that is at least six 6 feet in height. In no case shall the electric fence encroach into any required setback area. Electric fences may exceed the height of the surrounding_ nonelectric wall by up to 18 inches. JQ Any portion of the electric fence extending beyond the height of the surrounding nonelectric screen wall shall be angled away from the property line at a 45-degree upward slope. Electric fences shall be set back from existing walls and fences in a manner so as to prevent accumulation of debris and to prevent unsafe conditions from forming in any resulting gap from the_setback required by this subsection. In no case shall._ an electric fence .exceed the maximum fence height established in subsection (a). Electric fences shall be installed to be as minimally intrusive as possible. City Council 39 -- 15....._._. OINAPA9.39-xxx Page 10 of 12 Case 8:23-cv-00504 Document, 1-2 Filed 03/20/23 Page 17 of 18 Page ID #:65 O_OANo electric fence shall be energized during advertised business hours. ,(11�Electric fences shall be identified by prominent] p jaced warning signs that are legible from both sides of the fence. At minimum, the warning signs shall meet all of the following criteria: The warning sins are placed at_each gate and access point, and at intervals along the fence not exceeding thirty (30)feet. (B) The warning signs are adjacent to any other signs relating to chemical radiological, or biological hazards. LQ The warning signs are marked with written warning or a„ commonly recognized. symbol for shock, a written warning or a commonly recognized symbol to warn people with pacemakers, and a written or common recognized symbol about the danger of touching the„fence in wet conditions. Electric fences equipped with monitored alarm systems may„require an alarm use_permit. Accessibility to emergency personnel and first responders must be maintained through the use of a knox box or other access feature as determined by the Orange County Fire Authority and the Santa Ana Police De artment. L 4AThe applicant and property owner shall enter into an agreement holding the City of Santa Ana harmless from all legal actions that may arise due to the operation of the electrified fence. The agreement shall be recorded with the property and shall release the City of Santa Ana from all liability whatsoever. Section 16. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to Sections 15060(c)(2) and 15060(c)(3) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. Section 17. The City Council hereby declares, based on the findings set forth above, the urgency exists and that this Ordinance is necessary and appropriate to preserve the public health, safety, and welfare. Section % This ordinance shall become effective immediately upon its adoption. Section 19. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validi!Y of the remaining City Council 39 — 16 0092ARg_xxx Page 11 of 12 Case 8:23-cv-00504 Document 1-2 Filed 03/20/23 Page 18 of 18 Page ID #:66 portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 20. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of , 2022. Mayor APPROVED AS TO FORM Sonia R. Carvalho, City Attorney John M. Funk Chief Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: _ Clerk of the Council City of Santa Ana City Council 39— 17 01922A9.99-Xxx Page 12 of 12 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 1 of 76 Page ID #:67 Exhibit Case 8:23-cv-00504 Document 1.-3 Filed 03/20/23 Page 4 of 76 Page ID #:70 ZOA No. 2022-03: Zoning Code Amendments and Updates January 17, 2023 Page 2 Urgency Ordinance At its regular meeting on December 20, 2022, the City Council approved an urgency ordinance (ZOA No. 2022-07) amending various sections of Chapter 41 related to noxious uses; medical offices operated by government, government-subsidized, not-for- profit, or philanthropic entities; electric fences; and various use definitions. The amendments approved under the urgency ordinance are also included in this ZOA, should there be challenges related to the exigency posed by the threats to public health, safety, or welfare that were demonstrated by the urgency ordinance. In addition, staff has already begun evaluating the appropriate distances for expanding the buffer between noxious uses and sensitive receptors beyond 500 feet as directed by the City Council during the adoption of the urgency ordinance and will present a recommendation to the City Council at a future meeting. DISCUSSION Various sections within Chapter 41 of the SAMC have been revised periodically over the last several years to respond to changes in development and business practices, to adopt new permitting procedures, and to comply with changes to state and federal laws. In a continuing effort to comply with changes to state law, establish high-quality development standards, create a user friendly environment for residents and the business community, and to commence the work of enacting the various policies and actions set forth in the General Plan, the Planning Division is proposing revisions to various sections of the Zoning Code. Table 1 below and on the following pages illustrates the existing and proposed regulations. The amendments identified are the first of several amendments that will be made to the Zoning Code leading up to the comprehensive update of the Zoning Code. The proposed changes would apply citywide. Table 1: ZOA No. 2022-03 Current and Proposed Text Regulations Topic Existing Zoning Code Regulations Proposed.Zoning Code Regulations Family Daycare 1. Definition for"Child Care Facility' 1. Update definitions to conform to state Facilities (Sec.41-42.5). definition: Family daycare and 2. Uses permitted in the Single-Family Daycare center, respectively. Residence(R1)section(Sec.41- 2. Delete references to child care 232) requires approval of a land facilities in various Zoning Code use certificate for a large family sections in which residential uses are daycare facility. permitted, and create a new section 3. Child care facility permitted in the (Sec.41-192.6)allowing small and Professional(P), Community large family daycare in residential Commercial(C1), Community districts Commercial—Museum District(Cl- 3. Delete references to child care MD),Arterial Commercial(C5), facilities in various commercial and Light Industrial (M1), and South industrial zoning district sections and Main Street Commercial District(C- replace with new term"Daycare SM). center." Regional Planned Regional institutions such as hospitals Add definition for"regional institution," Sign Programs and institutions of higher learning do such as hospitals and institutions of not benefit from the sign regulation I higher learning,to afford such uses the Case 8:23-cv-00504 Document .1-3 Piled 03/20/23 Page 5 of 76 Page 1D #:71 ZOA No. 2022-03: Zoning Code Amendments and Updates January 17, 2023 Page 3 flexibility afforded by the,Zoning Code's same benefits as regional commercial regulations on regional planned sign centers, automobile dealerships, and programs(Sec.41-885). attractions forthe purposes of flexible on-premises si na e. Massage The SAMC currently allows massage 1. Revise the uses subject to a Establishments establishments in commercial zoning conditional use permit sections of the districts and plan areas where service Community Commercial (Cl), uses are permitted by right. Community Commercial--,Museum District(CI-MD), General Commercial(C2), Planned Shopping Center(C4),Arterial Commercial (C5), and South Main Street Commercial District(C-SM)to require a conditional use permit for massage establishments. 2. Revise massage ordinance(Sec.41- 1752)to require conditional use for massage establishments. 3. Revise massage ordinance definitions (Sec.41-1751)to create distinct definitions for chair massage and ancillary massage establishment, allowing them to be regulated separately from massage establishments. Medical Offices in The Professional(P)zoning district Revise the uses permitted subject to a the Professional permits medical and dental offices by conditional use permit section of the Zoning District right. However,the zoning district does Professional(P)zoning district to require not currently permit medical uses a conditional use permit for medical operated by government, government- offices operated by government, subsidized, not-for-profit, or government-subsidized, not-for-profit,or philanthropic entities, hilanthro is entities. Retail Use in Industrial zoning districts currently Update the uses permitted section in the Industrial Zoning allow retail uses occupying up to five Light Industrial(M1)district to allow retail Districts percent of a tenant space as an uses by right on properties that front ancillary use Sec.41-472.1 . arterial streets Sec.41472). Change of Use The SAMC(Sec.41-1309.1)permits Update the Zoning Code to extend Parking Exceptions change of use in tenant spaces under change of use parking exception to two thousand five hundred (2,500) industrial properties along arterial streets square feet without requiring additional when converted to retail if retail parking and loading spaces, component is equal to or less than 50 percent the gross square footage of the tenants ace Sec.41-1309.1 . Trash Bin The SAMC(Sec.41-623) provides Update the trash enclosure standards to Enclosures trash bin enclosure standards. align with CalGreen and SB 1383 However, standards have not been requirements and provide use and updated in some time and no longer maintenance standards(Sec.41-623). align with changes to state law related to waste collection. Urban Lot Splits and The City adopted its Urban Lot Split Provide clarity on the number of units Two-Unit and Two-Unit Development standards and affordability level required for each Developments (SB (Sec.41-2106 at seq.) in December of type of project/product. Require all net 9) 2021 in response to California Senate new units created through provision of Bill 9,the California Housing the ordinance be affordable: rental Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 6 of '76 Page ID #:72 ZOA No. 2022-03: Zoning Code Amendments and Updates January 17, 2023 Page 4 Opportunity and More Efficiency products shall be affordable to very low (HOME)Act. The intent was to require or low income households;for-sale all new units created through the products shall be affordable to moderate ordinance be made affordable. income households (Sec.41-2109 and However, the adopted ordinance lacks Sec.41-2115). clarity on the total number of affordable units required and the affordability levels. Noxious Uses The SAMC.regulates industrial and 1. Create new"noxious uses"section to noxious land uses through permitting require approval of a conditional use them in industrial zoning districts. permit for industrial type uses located However, the SAMC does not provide within 500 feet of a sensitive land use additional regulation for uses that have that requires a permit to discharge air a regional, state, or federal permit to contaminants or process or store emit or store or process hazardous regulated chemicals or substances waste that are in close proximity to (Sec.41-199.4). sensitive land uses. 2. Update the Non-Conforming section of the Zoning Code to require a conditional use permit for noxious uses whenever an existing non- conforming business changes ownership and requires a new certificate of occupancy.Additionally, require businesses with these types of permits to remain in compliance with applicable laws or lose their non- conforming status (Sec.41-683 and Sec.41-683.6). Counseling Services The SAMC does not currently define Create"counseling services"definition in -Definition counseling services. Division 2(Definitions),Article I of the Zoning Code Sec.41-44.6 . Medical Office- The SAMC does not currently define 1. Create"medical office"definition in Definition medical office. Division 2 (Definitions),Article I of the Zoning Code(Sec.41-121). 2. Update the permitted uses sections of the Professional(P), Community Commercial(C1), Community Commercial—Museum District(Cl- MD),Arterial Commercial (C5), and South Main Street Commercial District(C-SM)to consistently use "medical office." Professional, The SAMC does not currently define 1. Create"professional, business, and Business, and professional, business, and administrative office"definition in Administrative Office administrative office. Division 2(Definitions),Article i of the -Definition Zoning Code(Sec.41-127.5) 2. Update the permitted uses sections of the Professional (P),Community Commercial(C1), Community Commercial�—Museum District(Cl- MD),Arterial Commercial(C5), and South Main Street Commercial __ District C-SM to consistent) use Case 8:23-cv-00504 Document 1.-3 Filed 03/20/23 Page 7 of 76 Page ID #:73 ZOA No. 2022-03: Zoning Code Amendments and Updates January 17, 2023 Page 5 "professional, business, and administrative office." Electric Fences The SAMC is currently silent on electric 1. Create"electric fence"definition in fences.The SAMC neither defines nor Division 2(Definitions),Article l of the regulates electric fences,which have zoning Code(Sec.41-54.5) become more widely used as a means 2. Add new section to regulate zones to secure property from theft and/or and properties where electric fences vandalism. are permitted (M1 and M2,where abutting a rail right-of-way)subject to a minor exception Sec. 41-610.5 . Light Processing The SAMC (Sec. 41-472 and Sec.41- Amend Section 41-1251 to explicitly list Facilities 472.5) requires a conditional use and require a conditional use permit for permit for light processing facilities in light processing facilities, consistent the Light Industrial(M-1)zoning with Section 41-472 and Section 41- district. Section 41-1251 (Permits 472.5. required) in Article XIV. --Recycling Facilities does not explicitly state that a conditional use permit is required for a light processing facility. Landscaping— The SAMC (Sec.41-100 and Sec.41- Amend Section 41-100 and Section 41- Synthetic Turf 609) currently requires landscape 609 to permit use of synthetic turf for areas be maintained with live plant projects that are not subject to the material and other decorative Water Efficiency Landscape Standards, elements. The code is silent on provided they comply with landscape allowance of synthetic turf for projects guidelines and permitting requirements where the Water Efficiency established by the Director of the Landscape Standards do not apply. Planning and Building A enc . Family Daycare Facilities Under the California Child Day Care Facilities Act, the State Department of Social Services licenses and regulates family daycare homes. In Santa Ana, a small family daycare home, which may provide care for up to eight children, is considered a residential use of property for purposes of all local ordinances. Large family daycare homes, which provide care for up to 14 children, require approval of a permit. Senate Bill (SB) 234, effective January 1, 2020, now requires a large family daycare facility to be treated as a residential use of property for purposes of all local ordinances. SB 234 also prevents local jurisdictions from requiring any form of a permit, license, tax, fee, or other clearance to operate a large day care facility on a residential property. Family daycare facilities must be allowed on any property where a residential use is allowed, including single-family residences, duplexes and triplexes, townhomes, and multiple-family dwellings (apartments), according to Section 1596.78 of the Health and Safety Code. The text of various zoning district regulations in the Zoning Code currently require approval of a land use certificate (LUC) application and accompanying fee to operate a large family daycare facility. In addition, SAMC Section 41-42.5 contains a definition for"Child Care Facilities."The proposed ordinance would delete references to child care facilities in various Zoning Code sections where residential uses are permitted, and would create a new Section 41-192.6 allowing small and large family daycare as an accessory use to Case 8:23-cv-00504 Document 1.-3 Filed 03I20/23 Page 8 of 76 Page ID#:74 ZOA No. 2022-03: Zoning Code Amendments and Updates January 17, 2023 Page 6 residential uses. The proposed ordinance would also create new definitions for"Family Daycare Facilities" and "Daycare Centers," and replace any reference to "Child Care Facilities" in the permitted uses sections in the commercial and industrial zoning districts with "Daycare Centers." The changes would update the Zoning Code to be consistent with state law. Regional Planned Sign Programs The Zoning Code currently affords regional commercial centers, automobile dealerships, and attractions flexibility with their on-premises signage without the need for approval of a variance application. Instead, SAMC Sec. 41-885 provides for approval of a regional planned sign program (RSPG) by the Planning Commission; the RSPG contains all location, design, and installation specifications for signage within the scope of a regional commercial centers, automobile dealerships, or attractions. Examples of such regional facilities in Santa Ana with approved RSPGs include MainPlace, Discovery Cube Orange County, McFadden Place, Hutton Centre, and Tom's Truck Center. These regional facilities are approved for a combination of wall signs, banners, monument (freestanding) signs, mimetic signs, and digital signs for on-premises advertising. Staff is proposing to amend SAMC Section 41-885 to define and allow a "regional institution" to submit an application for an RSPG for staff review and subsequent approval by the Planning Commission. This amendment is a proactive response to the effects of the global Covid-19 pandemic, during which many hospitals and institutions of higher learning began installing community-oriented signage to recognize the contributions of educational and hospital staff during a critical time. As with any other regional facility as defined by SAMC Section 41-885, these types of facilities would seek Planning Commission approval of an RSPG before installing such signage, along with any other permanent advertising signage they may contemplate in the RSPG package. Massage Establishments On March 16, 2009, the City adopted Ordinance Amendment No. 2008-02 and Zoning Ordinance Amendment No. 2008-01 to amend Chapter 22 (Massage Establishments) and Chapter 41 (Zoning) of the SAMC to regulate massage establishments and massage technicians in response to concerns relating to the impacts of massage establishments and the potential establishment of new locations in the city. Past amendments to Chapter 41 included requirements for a CUP for massage establishments, an LUC for ancillary massage uses, implemented separation criteria similar to adult entertainment uses, and created operational standards specific to the massage use. Subsequently, in September of 2009, California Senate Bill 731 (SB 731) became effective, which restricted local governments' ability to regulate massage establishments and massage technicians. The passage of SB 731 exempted massage technicians that possessed a massage technician certificate issued by the California Massage Therapy Council (CAMTC), a nonprofit public benefit corporation, from regulations and permit requirements that were previously adopted by the City. The new law required that Case 8:23-cv-00504 Document 1.-3 Filed 03/20/23 Page 9 of 76 Page ID #:75 ZOA No. 2022-03: Zoning Code Amendments and Updates January 17, 2023 Page 7 massage establishments and other professional service uses be regulated in a uniform manner, prohibiting local governments from requiring restrooms, showers, or other facilities not required of other professional services. The changes to state law preempted City regulations and made several provisions of the Code inconsistent with state law and resulted in the City being unable to enforce the massage ordinance, and establishments and technicians were able to operate within the City without obtaining a CUP, LUC, or massage establishment permit. The passage of SB 731 had unintended consequences that resulted in the proliferation of massage establishments that engaged in unlawful activity that local governments had to deal with. On January 1, 2015, California Assembly Bill (AB) 1147 (AB 1147) became effective, amending several sections of the Business and Professions Code and of the Government Code relating to massage establishments. By adopting AB 1147, the State Legislature returned broad control over land use in regulating massage establishments to local governments, provided only reasonable and necessary fees and regulations were enacted. Subsequently, the City adopted Ordinance No. NS-2903, which made changes to Chapter 22 and Chapter 41 of the SAMC, establishing a by-right massage establishment permitting program. The program allowed the establishment and operation of massage establishments with approval of a Certificate of Occupancy issued by the Planning and Building Agency and an annual massage establishment permit issued by the Police Department, provided operating and permit requirements were met. Despite the existing requirements and development standards in place, massage establishments have proven to present opportunities for acts of prostitution, human trafficking, and the use and sale of illegal drugs, resulting in increased enforcement actions. Staff proposes to amend Chapter 41 of the SAMC to require a CUP for massage establishments, which would allow the City to more closely regulate this use and adopt conditions of approval to avoid or mitigate any impacts this use may have on the surrounding properties. The amendments distinguish ancillary massage establishments (i.e., commonly part of a spa in a hotel, athletic club, or gym), chair massage (i.e., massage business providing seated massages in an open area), from a massage establishment business, Ancillary massage establishments and chair massage businesses would not require a CUP. The proposed amendments will reduce the burdens on the City's enforcement agencies and permit the deployment of services to other matters. Retail Uses in Industrial Zoning Districts The global Covid-19 pandemic has resulted in impacts to local communities and businesses alike. It has also resulted in novel business concepts and the manner and types of spaces in which they operate to change. The Chapter 41 of the SAMC currently permits retail uses in the Light Industrial (Ml) zoning district and Heavy Industrial (102) zoning districts when they are ancillary to a primary industrial use and occupy no more than five percent of the gross square footage of the tenant space. To respond to changing business practices and needs, and to allow additional flexibility to allow Case 8:23-ev-00504 Document 1-3 Filed 03/20/23 Page 10 of 76 Page ID #:76 ZOA No. 2022-03: Zoning Code Amendments and Updates January 17, 2023 Page 8 business to thrive, staff is proposing to amend Section 41-472 of the SAMC to permit retail uses in the M1 zoning district on properties that front an arterial street. Change of Use Parking Exceptions In September of 2017, the City approved Ordinance No. NS-2923 amending Chapter 41 of the SAMC to permit a change of use exception to allow the change of certain uses within an existing building up to 2,500 square feet in size without the need to provide additional parking and loading spaces. For example, a tenant space may change from retail (five (5) parking spaces per 1,000 gross square feet) to a restaurant use (eight (8) spaces per 1,000 gross square feet) without providing additional parking. The adopted ordinance allowed more flexibility and facilitated the re-tenanting of commercial, professional, and industrial centers by removing barriers to permit the change in use. Staff is proposing amending Section 41-1309.1 of the SAMC to extend that flexibility and facilitate the change of use in existing industrial centers that front arterial streets from industrial uses to retail when the retail component is equal to or less than 50 percent of the gross square footage of the tenant space. Changes in use that exceed the proposed threshold would be required to provide the minimum off-street parking required by Chapter 41 of the SAMC. Trash Enclosures In response to SS 1383, also known as the Short-lived Climate Pollutant Reduction Act of 2016, and other changes to state law related to recycling and waste collection, the City updated Article II (Solid Waste Collection Regulations) of Chapter 16 (Garbage, Trash, and Weeds) of the SAMC April of 2022. Staff is proposing amending Section 41- 623 of the SAMC to update the trash bin enclosure and maintenance standards to reflect and be consistent with the new regulations in Chapter 16. Urban Lot Splits and Two-Unit Developments (SB 9) The City adopted its Urban Lot Split and Two-Unit Development standards (Sec. 41-2105 et seq.) December of 2021 in response to SB 9, also known as the California Housing Opportunity and More Efficiency (HOME) Act. The intent of the ordinance was to require all new units created through its provisions be deed restricted as affordable. Currently, Chapter 41 of the SAMC requires at least one unit created under the ordinance be deed restricted as affordable. The existing code does not explicitly state the required affordability level of the unit. Additionally, existing code lacks clarity on the total number of affordable units that are required when an urban lot split is proposed. Staff is proposing amending Section 41-2105 to clarify that any net new units created through the provisions of Division 2 or Division 3 of Article XX be made affordable at the following levels: rental products shall be made affordable to very low or low income households; for-sale products shall be made affordable to moderate income households. Lastly, staff is proposing to correct a typographical error related to front yard setbacks. The existing code states that at least a twenty-five (25) foot setback is required, when it should have read twenty (20), consistent with the Single Family (R1) zoning district standards. Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 11 of 76 Page ID #:77 ZOA No. 2022-03: Zoning Code Amendments and Updates January 17, 2023 Page 9 Noxious Uses In response to community concerns related to environmental pollution and the proximity of certain industrial uses in relation to homes, schools, and parks, the City adopted numerous environmental justice policies and actions in its General Plan to amend use regulations and development standards in the Zoning Code. A majority of the actions in the General Plan related to use, buffers, and development standards will be analyzed and addressed through the comprehensive Zoning Code Update. However, staff will continue to analyze and propose amendments concurrent with the work taking place to comprehensively update the Zoning Code in an effort to immediately address pressing matters. To that end, staff is proposing to create a new Section 41-199.4 (Noxious uses) to require a CUP for industrial uses that require a permit to handle, store, emit or discharge regulated compounds, materials, chemicals, or substances from a regional, state, or federal agency when located within 500 feet of a public park, school, or a property used or zoned for residential purposes. Additionally, staff proposes to create a new Section 41-683.6 (Discontinuance of nonconforming noxious use) to require these types of businesses that do not have a CUP and are nonconforming to comply with development standards and CUP requirements when a business changes ownership, requires a new Certificate of Occupancy, or is in violation of any applicable federal, state, or local regulation for a period of sixty (60) consecutive days, receives three noncompliant notices, or is in violation for a total of ninety (90) days in a one year period. As previously indicated, staff is reviewing the 500-foot separation from public parks, schools, or properties zoned or used for residential purposes as directed by the Council during the adoption of the urgency ordinance and will return at a future meeting with a recommendation regarding any further changes. Professional, Business, and Administrative Office; Counseling Services; Medical Offices Chapter 41 of the SAMC currently does not provide a definition for "professional, business, and administrative office," and zoning districts where the use is permitted utilize inconsistent terminology. Staff is proposing to create a new Section 41-127.5 to define "professional, business, and administrative office" and to amend the uses permitted sections of various zoning districts where the use is permitted to utilize consistent terminology and provide clarity. Chapter 41 of the SAMC currently permits "counseling services" in the General Commercial (C2) zoning district subject to a CUP, but Chapter 41 does not provide a definition for the use. As such, businesses offering counseling services have attempted to operate in zoning districts where the use is not permitted under the impression that the use could be classified as a "professional, business, and administrative office" or a "medical office." To provide clarity to prospective businesses, staff is proposing to create a new Section 41-44.6 to define "counseling services," Chapter 41 of the SAMC currently does not provide a definition for "medical office," and zoning districts where the use is permitted utilize inconsistent terminology. The lack of a definition and utilization of inconsistent terminology, staff spends an inordinate amount of time providing members of the public and prospective business operators clarification Case 8:23-cv-00504 Document 1-3 Piled 03/20/23 Page 12 of 76 Page ID #:78 ZOA No. 2022-03: Zoning Code Amendments and Updates January 17, 2023 Page 10 on what business uses are categorized as a medical office and where the use is permitted. Staff is proposing to create a new Section 41-121 to define "medical office" and to amend the uses permitted sections of various zoning districts where the use is permitted to provide consistency in terminology and clarity. The amendments would also address medical offices operated by government, government-subsidized, not-for- profit, or philanthropic entities subject to approval of a CUP. Electrified Security Fences The State of California approved AB 358 August of 2021. The bill authorized property owners that meet specified requirements to install and operate electrified fences on their properly to protect and secure commercial or industrial property where a local agency has adopted an ordinance to permit them. To provide property and business owners another option to protect their property from theft or vandalism, staff is proposing to amend Section 41-610.5 (Walls and fences) of the SAMC to permit electric fences in the Light Industrial (Ml) and Heavy Industrial (M2) zoning districts, respectively, on properties that abut a railroad right-of-way subject to the issuance of a minor exception. Additionally, staff is proposing a number of development standards such as minimum distance from residential properties, screening requirements, and accessibility requirements to ensure community compatibility, aesthetic considerations, and emergency responder access are addressed and maintained. Light Processing Facilities On July 6, 2021, the City Council adopted an Ordinance No. NS-3007 amending sections 41-472 and 41-472.5 of the SAMC to require a CUP for light processing facilities in the Light Industrial (M1) zoning district. While sections 41-472 and 41-472.5 were amended to require a CUP, Section 41-1251 (Permits required) in Article XIV. — Recycling Facilities was not updated to expressly require a CUP for light processing facilities. Staff is proposing to amend Section 41-1251 to explicitly list and require a CUP for light processing facilities, consistent with sections 41-472 and 41-472.5. Landscaping-- Synthetic Turf In response to the extreme drought conditions throughout California, staff is proposing to amend Section 41-100 and Section 41-609 to include synthetic turf as a permissible material and to require compliance with landscape guidelines on file with the Planning and Building Agency. The proposed amendments will allow those properties and projects not subject to the Water Efficient Landscape Standards the ability to install synthetic turf as part of the required landscaping and the flexibility needed to adapt guidelines to address the evolving water crisis. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act ("CEQA") and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to sections 15061(b)(3) and 15061(b)(5) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as Case 8:23-cv-00504 Document 1-3 Piled 03/20/23 Page 13 of 76 Page ID #:79 ZOA No. 2022-03: Zoning Code Amendments and Updates January 17, 2023 Page 11 there is no possibility it will have a significant effect on the environment. As a result Environmental Review No. 2022-73 will be filed upon adoption of this ordinance. FISCAL IMPACT There is no direct fiscal impact associated with the adoption of this ordinance. EXHIBIT(S) 1. Ordinance for ZOA No. 2022-03 2. Copy of Public Notice Submitted By: Minh Thai, Executive Director, Planning and Building Agency Approved By: Kristine Ridge, City Manager Case 8:23-cv-00504 Document-1-3 Filed 03/20/23 Page 14 of 76 Page iD #:80 lfili Dale hlelvi ;i Resident, Santa Ana CA 92706iry� January 17, 2023 Mayor Amezcua and Santa Ana City Council members City of Santa Ana 20 Civic Center Plaza, 8Lh Floor Santa Ana CA 92702 Subject: January 17th Agenda Item 33—Zoning Ordinance Amendment No, 2022-03 Section 1 of the Ordinance lists Section 41-190.5 (Prohibited uses) as being changed. However, no reference is made in the ordinance. This should be made known priorto approval. One of your cleanup items is to conform to state definitions. References used in ordinance vary to describe daycare centers: Adult day care facilities(Ordinance pg. 5 of 54, Exhibit B, pg. 2-3), Daycare centers (standard that I thinkyou want),Child day care center(Exhibit A, pg. 3-3, Exhibit B, pg. 2-3). 1 suggest using a word search and fixing this. Sec. 41-623. -Trash bin enclosures. (b)(1) [and (b)(2)]... shall provide readily accessible recycling areas identified forthe storage and collection of grey container, blue container, and green container or brown container materials, consistent with the three container collection program. Times change and so could colors, i suggest incorporating terminology that is generic:solid waste (grey container), recycling (blue container), organic(green container). You have also listed four colors for a three container collection program. Thank you for your thoughtful consideration. Stay safe, stay healthy. Respectfully, QA.4.t Dale A Helvig Resident, Santa Ana cc: Kristine Ridge Steven Mendoza Fabiola zelaya Melicher, City Manager,Santa Ana Assistant City Manager,Santa Ana Manager, Planning Sonia Carvalho Minh Thai, City Attorney,Santa Ana Executive Director, Planning Page 1 of 1 2023-01-17 Letter to City Council Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 15 of 76 Page ID #:81 ORDINANCE NO, NS-XXX ZONING ORDINANCE AMENDMENT NO. 2022-03 -- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO FAMILY DAYCARE, REGIONAL PLANNED SIGN PROGRAM REGULATIONS, MASSAGE ESTABLISHMENTS, CONDITIONALLY-PERMITTED USES IN THE PROFESSIONAL ZONING DISTRICT, RETAIL USES IN INDUSTRIAL ZONES, TRASH BIN ENCLOSURES, URBAN LOT SPLIT AND TWO-UNIT DEVELOPMENT STANDARDS, NOXIOUS USES, DEFINITIONS FOR VARIOUS USES, ELECTRIC FENCES, SYNTHETIC TURF, AND PERMIT REQUIREMENTS FOR LIGHT PROCESSING FACILITIES THE CITY COUNCIL. OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Various sections within Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) have been revised periodically over the last several years to respond to changes in development and business practices, to adopt new permitting procedures, and to comply with changes to state and federal laws. In a continuing effort to establish high-quality development standards, create a user friendly environment for residents and the business community, and to commence the work of enacting the various policies and actions set forth in the General Plan, the Planning Division is proposing revisions to various sections of the Zoning Code. B. After a thorough analysis of the current code requirements in the city, staff identified a number of code amendments and additions that are necessary to ensure clear, uniform, and legally consistent regulations. The proposed changes and additions will enable the City to implement a regulatory framework that both protects the health, safety, and welfare of the city and limits undue strain on home owners, business operators and developers. C. Zoning Ordinance Amendment No. 2022-03 amends and adds various sections of Chapter 41; including Section 41-42.5 (Child care facilities), Section 41-44.6 (Counseling services), Section 41-47.5 (Daycare center), Section 41-54.5 (Electric fence), Section 41-59 (Family daycare facilities), Section 41-100 (Landscape), Section 41-121 (Medical office), Section 41-127.5 (Professional, business, and administrative office), Section 41-190.5 (Prohibited uses), Section 41-192.6 (Small and large family daycare accessory to residential uses), Section 41-199.4 (Noxious uses), Section 41-232 (Uses permitted in the R1 district), Section 41-247 (Uses Ordinance No.NS-XXX Page 1 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 16 of 76 Page ID #:82 permitted in the R2 district), Section 41-313 (Uses permitted in the P district), Section 41-365 (Uses permitted in the C1 district), Section 41-365.5 (Uses subject to a conditional use permit in the C1 district), Section 41-375.1 (Uses permitted in the C1-MD district), Section 41-375.2 (Uses subject to a conditional use permit in the C1-MD district), Section 41-377.5 (Uses subject to a conditional use permit in the C2 district), Section 41-412.5 (Uses subject to a conditional use permit in the C4 district), Section 41-424 (Uses permitted in the C5 district), Section 41-424.5 (Uses subject to a conditional use permit in the C5 district), Section 41-472 (Uses permitted in the M1 district), Section 41-472.1 (Ancillary uses permitted in the M1 district), Section 41-472.5 (Uses subject to a conditional use permit in the M1 district), Section 41-521 (Uses permitted in the C-SM district), Section 41-522 (Uses subject to a conditional use permit in the C-SM district), Section 41-609 (Landscape), Section 41-610.5 (Wall and fence requirements in the industrial and commercial zones), Section 41-623 (Trash bin enclosures), Section 41-683 (Discontinuance of nonconforming building or use), Section 41-683.6 (Discontinuance of nonconforming noxious use), Section 41-885 (Regional planned sign program), Section 41-1251 (Permits required), Section 41-1309.1 (Change of use, exceptions), Section 41-1751 (Definitions), Section 41-1752 (Permitted zones and locations), Section 41-1753 (Permits and certificates- contents of application), Section 41-1754 (Development and operating standards), Section 41-2109 (Requirements), Section 41-2115 (Requirements), Table 3-2 (Permitted uses) of the Harbor Mixed Use Transit Corridor Specific Plan, definition of "Personal services—restricted", Table 2A (Use Standards) of Section 41-2007 of the Transit Zoning Code, Definition of "Personal Services—restricted" and Section 41-2080 of the Transit Zoning Code, and Table 3 (Permitted Land Uses) of Section 4.1 of the Metro East Mixed-Use Overlay Zone. D. On December 12, 2022, the Planning Commission held a duly-noticed public Dearing and considered the staff report, recommendations by staff, and public testimony concerning Zoning Ordinance Amendment No. 2022-03. E. On January 17, 2023, the City Council held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning Zoning Ordinance Amendment No. 2022-03. Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA): Pursuant to CEQA and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to sections 15061(b)(3) and 15061(b)(5) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment. As a result, Environmental Review No. 2022-73 will be filed upon adoption of this ordinance. Section 3. Section 41-42.5 (Child care facilities) of Chapter 41 of the SAMC is hereby amended to read as follows: See. 41 42.5 Child GaFe f' 6. Ordinance No.N5-XXX Page 2 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 17 of 76 Page ID#:83 basis. Section 4. Section 41-44.6 (Counseling services) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41_-44.6. -- Counseling services. A facility personnel provide counseling services in individual or aroup sessions that focus s ecifically on mental development, recovery, rehabilitative vocational assistance o .. _ _ mn_t preparation for the purposes of achieving„ independence, and/or integration n th� a workplace and community. For a practice providing counseling services specializing in substance abuse this includes a facility that provides substance abuse counselinapracticed by a licensed professional, on an,outpatient basis, with or without the dis_ en which is semrat medication onsite. `°Counseling..services" does not include "Medical defined. Section 5. Section 41-47.5 (Daycare center) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-47.5Daycare center. "Daycare center" means a child dayeare facility other than a_family daycare facility, and includes infant centerspreschools, extended daycare facilities and schoolacie child care centers and includes child care centers licensed pursuant to Section 1596.951 of the California Health and Safety Code. Section 6. Section 41-54.5 (Electric fence) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-54.5. - Electric fence. "Electric Fence" and "Electrified Fence" shall mean anv fence owered bv an electrical energizer with characteristics outlined and defined in California Civil Code Section 835 used to protect and secure industrial property. Section 7. Section 41-59 (Family daycare facilities) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-59. - Reserved. Familv da care facilities. "Family daycare facility" means a facility„that regularly provides care, protection, and supervision for 14 or fewer children in theprovider's own home for Pgriods of less than 24_hours per day, while the parents or guardians are away. For the purposes of this Chapter, there are Small Family Daycare facilities and Large Family Daycare facilities. Small Family Daycare facilities provide care to no more than 8 children. Large Family Daycare facilities provide care to no more than 14 children. Ordinance No.NS-XXX Page 3 of 54 Case 8:23-ev-00504 Document 1-3 Filed 03/20/23 Page 18 of 76 Page ID #:84 Section 8. Section 41-100 (Landscape) of Chapter 41 of the SAMC is hereby amended to read as follows: See. 41-100. Landscape. Landscape is any yard or other open space which is purposely designed to create an aesthetic environment composed of plant materials, synthetic turf, and/or other decorative elements such as fountains, ponds, sculptures, walls, fences, and planters. Section 9. Section 41-121 (Reserved) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-121. - Medical office Reserved. A_medical office is_a facility providing consultation diagnosis, therapeutic, preventive, surgical, or corrective personal treatment services by doctors or dentists, and their s - � r 9 i medical doctors and u�port staff,_ to su ort the healing of humans, wherein such dentists are licensed. These facilities can be at health centers individual doctor or dentist offices, and exclude practices providing_counseling services specializing in substance abuse, homeless support services, and medical research_laboratories. Section 10. Section 41-127.5 (Professional, business, and administrative office) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-127.5, - Professional business and administrative office. AA professional, business, or administrative office is„an establishment providing_direct, "over-the-counter" services or business_services to consumers or clients (e.g., insurance agencies_ real estate offices, travel agencies, utility company offices, etc.) and office-type facilities occupied by businesses providing professional services and/or engaged in the production of intellectual ro ert . Section 11. Section 41-192.6 (Small and large family daycare accessory to residential uses) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-192.6. - Small and large family daycare accessory to residential uses. Safety Code Section Small large family 30 #dhrou hacilEties as defined and rec�u„laced by Health and 597.622 as modified from time to time shall be permitted as an accessory use at any residential property, dwelling, or dwelling unit in the city where residential land uses are ep rmitted in anv zoning district, specific development zone specific plan area or overlay zoning district. Section 12. Section 41-199.4 (Noxious uses) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41-199.4. - Noxious uses. Ordinance No.NS-XXX Page 4 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 page 19 of 76 Page lD #:85 ,(a Any other than eating establishments listed in Section 41-472 or 41-472.5 of this Chapter, regardless of the zonin district it is established or ro osed to be established in that requires a permit from a regional, state or federal agency agengy to handle, store, emit or discharge regulated compounds, materials. chemicals, or substances that is located within 500 linear feet of a public Dark, school K-12 as defined bySection 11362.768 of the Health and Safety Code, or property used or zoned for residential purposes requires a conditional use permit. Lb The 500 linear foot distance shall be measured from the outermost bounds of the subject property to the closest point of any public park, school, or„property used or zoned for residential purposes. De The property_owner or business operator.of a business regulated by subsection (a) shall be responsible for notifying.the City of any„reguirement to obtain a permit regional,from a e mad prior toobta n n state. p permit from an a ional. state, or federal a encb for the e business activities listed in subsection (a). jdj A business regulated by this section shall be in compliance with all provisions established by this Code and all applicable federal,,state, or local regulations and conditions.established by„regulating and permitting agencies Section 13. Section 41-232 (Uses permitted in the R1 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-232. - Uses permitted in the R1 district. The following uses are permitted in the R1 district: (a) One (1) one-family dwelling with six (6) or fewer bedrooms. (b) Private greenhouses and horticultural collections for domestic noncommercial use, flower and vegetable gardens, fruit trees and any agricultural crop. (c) One (1) temporary real estate office devoted to the sale of real estate in the tract in which it is located, which use shall be for a period of time not to exceed one (1) yea r. (d) Accessory buildings and structures, except as otherwise provided in section 41- 232.5. (e) Ghild eare fn .' 'tee n GGVk1iA-g-na re tonet me Fe than f. uFt von /'I/I\ nh Old Pen, nrevirl.-..J i a land must be first Reserved. (f) Adult day care facilities providing care to not more than six (6) adults. Section 14. Section 41-247 (Uses permitted in the R-2 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Ordinance No.NS-XXX Page 5 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 20 of 76 Page 1D #:86 Sec. 41-247. - Uses permitted t-e in the R-2 district. The following uses are permitted in the R-2 district: (a) One-family dwellings. (b) Two-family dwellings. (c) Townhouses, (d) Private greenhouses and horticultural collections for domestic noncommercial use, flower and vegetable gardens, fruit trees and any agricultural crop. (e) One (1) temporary real estate office devoted to the sale of real estate in the tract in which it is located, which shall be used for a period of time not to exceed one (1) year. (f) Accessory structures. {g) that if the numbeF of-e-hildren e)(Geeds eight (8), a land-uGe r_-ertiftate must be first. "+ ti Reserved. (h) Adult day care facilities providing care to not more than six (6) adults. Section 15. Section 41-313 (Uses permitted in P district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-313. - Uses permitted in P district. The following uses are permitted in the P district: (a) Professional, business,.and administrative offices where no merchandise is sold. (b) Banks, savings and loan offices, credit unions, and mortgage and finance companies. (c) Travel agencies. (d) Medical and deft a offices. (e) Art galleries, art and photography studios. (f) Museums and science centers. (g) Print and copy services. Ordinance No.NS-XXX Page 6 of 54 Case 8:23-cv-00504 Document .1-3 Filed 03/20/23 Page 21. of 76 Page ID #:87 (h) Pharmacies, limited to the dispensing of goods and merchandise related to health care only, and excluding drive-through facilities. (i) Child Gare faGilitie. Daycare centers. {j) Non-freestanding commercial and service uses which do not exceed ten (10) per cent of the floor space of the building in which they are located and which are supportive of, compatible with, and integrated into the professional and business uses on the same property, excluding drive-through facilities, and commercial uses which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (k) Freestanding restaurants, cafes, and eating establishments, excluding drive- through facilities and excluding any eating establishment specified in section 41- 313.5. Section 16. Section 41-313.5 (Uses subject to a conditional use permit in the P district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-313.5. Uses subject to a conditional use permit in the P district. The following may be permitted in the P district, subject to the issuance of a conditional use permit: a. Convalescent hospitals, nursing homes, rest homes and extended care facilities. b. Hospitals. c. Trade and professional schools. d. Health clubs and gymnasiums. e. Recreational or entertainment uses if carried on in conjunction with any of the uses specified in clauses (e), (f) and (k) of section 41-313. f. Ambulance and emergency medical response services. g. Non-freestanding commercial and service uses which are open at any time between the hours of 12:00 midnight and 5:00 a.m., provided that such uses also meet the standards for commercial and service uses permitted under section 41-313, and further provided that such uses have less than twenty thousand (20,000) square feet of floor area. h. Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. i. Banquet facilities, subject to development and operational standards set forth in section 41-199.1. j. Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. k. Adult day care facilities. I. Clubs, fraternities and lodges. Ordinance No,NS-XXX Page 7 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 22 of 76 Page ID #:88 m. Bail bond uses, subject to development and operation standards set forth in section 41-323. n. Churches and accessory church buildings. o. Parking lots and parking structures subject to compliance with the requirements of Section 41-324. p_ Medical offices operated by government govern not-for-profit. or philanthropic entities. Section 17. Section 41-365 (Uses permitted in the C1 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-365. - Uses permitted in the C1 district. The following uses are permitted in the C1 district: (a) Retail and service uses. (b) Professional, business, and administrative and busines oft ces. (c) Automobile parking lots and parking structures. (d) Automobile sales, but excluding truck, trailer, tractor and boat sales. (e) Churches and accessory church buildings. (f) Mortuaries. (g) Theaters. (h) Hospitals, clinics, and sanitariums. (i) Animal hospitals and veterinaries. 0) Plant nurseries. (k) Gymnasiums. (1) Golf courses, both regulation and miniature, and driving ranges. (m) Public utility structures, including electric distribution and transmission substations. (n) Restaurants, cafes, and eating establishments, other than those specified in Section 41-365.5. (o) Schools and studios operated for commercial or public purposes. Ordinance pia.NS-XXX Page 8 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 23 of 76 Page ID #:89 (p) rhildGare faciht Daycare centers. (q) Service stations. (r) Automobile servicing. (s) Tattoo and/or body art establishments, subject to the development and operational standards set forth in Section 41-199.3. LtJ Medical offices. Section 18. Section 41-365.5 (Uses subject to a conditional use permit in the C1 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-365.5. - Uses subject to a conditional use permit in the C1 district. The following uses may be permitted in the C1 district subject to the issuance of a conditional use permit: a. Clubs. b. Outdoor and indoor recreational or entertainment uses other than those set forth in section 41-365. c. Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. d. Thrift shops, purchase and loan, pawn shops. e. Eating establishments with drive-through window service. f. Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. g. Laundromats, subject to the development and performance standards set forth in section 41-199. h. Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. i. Check cashing facilities, as defined by section 41-42.7. j. Banquet facilities, subject to development and operational standards set forth in section 41-1991, k. Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. I. Adult day care facilities. Ordinance No.NS-XXX Page 9 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 2.4 of 76 Page ID #:90 m. Superstores. n. Tattoo and/or body art establishments open at any time between the hours of 12:00 a.m. and 7:00 a.m., subject to the development and operational standards set forth in section 41-199.3. o. Massage establishments, subject to development and operational standards set forth in Article KVII.I of this Chapter. Section 19. Section 41-375.1 (Uses permitted in the C1-MD district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-375.1. - Uses permitted in the C1-MD district. The following uses are permitted in the CI-MD district: (a) Retail and service uses, other than those specified in section 41-375.2. (b) Professional, business, and administrative and business, offices where no merchandise is sold. (c) Medical and dental-offices, (d) Theaters and cinemas. (e) Gymnasiums and health clubs. (f) Travel agencies, with no embarking or disembarking of passengers. (g) Art galleries and art and photography studios. (h) Museums and science centers. (i) Restaurants, cafes, and eating establishments other than those specified in section 41-375.2, excluding eating establishments with drive-thru window service. (j) Child eare faGilities. Daycare centers. Section 20. Section 41-375.2 (Uses subject to a conditional use permit in the C1- MD district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-375.2. - Uses subject to a conditional permit in the CI-MD district. The following uses may be permitted in the C1-MD district subject to the issuance of a conditional use permit: (a) Clubs. Ordinance No.NS-XXX Page 10 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 25 of 76 Page ID #:91 (b) Outdoor and indoor recreational or entertainment uses other than those set forth in section 41-375.1. (c) Hotels. (d) Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. (e) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (f) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (g) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. Massage establishments, subject to development and operational standards set forth in Article XVII.I of this Chapter. Section 21. Section 41-377.5 (Uses subject to a conditional use permit in the C2 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-377.5. - Uses subject to a conditional use permit in the C2 district. The following uses may be permitted in the C2 district subject to the issuance of a conditional use permit: (a) Any use which may be permitted subject to the issuance of a conditional use permit in the C1 district pursuant to section 41-365.5. (b) Open-air car washes. (c) Trailer parks and camps. (d) Thrift shops, food distribution centers, and counselling service establishments operated by nonprofit or government-subsidized organizations or by public agencies. (e) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. (f) Superstores, Massage_establishments subject to development and operational standards set forth in Article XVILI of this Chapter. Ordinance No.Ns-XXX Page 11 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 26 of 76 Page ID #:92 Section 22. Section 41-412.5 (Uses subject to a conditional use permit in the C4 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-412.5. - Uses subject to a conditional use permit in the C4 district. The following uses may be permitted in the C4 district subject to the issuance of a conditional use permit: (a) Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. (b) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. (c) Eating establishments with drive-through window service. (d) Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. (e) Laundromats, subject to the development and performance standards set forth in section 41-199. (f) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (g) Check cashing facilities, as defined by section 41-42.7 of this Code. (h) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (i) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. (j) Adult day care facilities. (k) Superstores. Massage establishments subject to development and operational standards set forth in Article XVII.I of this Chapter. Section 23. Section 41-424 (Uses permitted in the C5 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-424. Uses permitted in the C5 district. The following uses are permitted in the C5 district: (a) Professional business and Aadministrative and profess ie aE offices. Ordinance No.NS-XXX Page 12 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 27 of 76 Page ID#:93 (b) Retail and service uses. (c) Automobile parking lots, but excluding the sale or storage of automobiles, trucks, trailers, boats, or tractors, whether new or used. (d) Churches, chapels, mortuaries, and theaters. (e) Government buildings. (fi) Restaurants and cafes, other than those specified in Section 41-424.5. (g) Schools and studios operated for commercial or public purposes. (h) Child care faGilitles Da Cale Centers. (i) The printing, publishing, and circulation of a newspaper, including plant and office. {j) Two-family dwellings not exceeding one (1) unit per three thousand (3,000) square feet of lot area, provided such units front on a secondary or local street. (k) Gymnasiums and health clubs. Medical offices. Section 24. Section 41-424.5 (Uses subject to a conditional use permit in the C5 district) of Chapter of Chapter41 of the SAMC is hereby amended to read as follows: Sec. 41-424.5. - Uses subject to a conditional use permit in the C5 district. The following uses may be permitted in the C5 district subject to the issuance of a conditional use permit: (a) Hotels, motels, lodging houses, care homes, fraternity houses, and sorority houses. (b) Dwelling units when erected above the ground floor of a commercial structure when the ground floor is devoted exclusively to nonresidential uses. (c) Hospitals. (d) Public utility structures, including electric distribution and transmission substations. (e) Eating establishments with drive-through or walk-up window service. (f) Service stations and automobile servicing. Ordinance No.N5-XXX Page 13 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 28 of 76 Page ID #:94 (g) Car wash establishments, provided they are wholly enclosed. (h) Laundries. (i) Indoor swap meets, bulk merchandise stores, and home improvement warehouse stores. (j) Eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. (k) Laundromats, subject to the development and performance standards set forth in section 41-199. (1) Retail markets having less than twenty thousand (20,000)square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. (m) Banquet facilities, subject to development and operational standards set forth in section 41-199.1. (n) Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. (o) Adult day care facilities. (p) Superstores. LM Massage establishments, subject to development and operational standards set forth in Article XVII.1 of this Chapter. Section 25. Section 41-472 (Uses permitted in the M1 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-472. - Uses permitted in the M1 district. The following uses are permitted in the M1 district: (a) The compounding, processing, or treatment of raw or previously treated materials into a finished or semi-finished product, excluding those uses specified in section 41-489.5. (b) The manufacture of products from raw or previously treated materials, excluding those uses specified in section 41-489.5. (c) The assembly of products from raw or previously treated materials, excluding those uses specified in section 41-489.5. (d) The packaging or distribution of previously prepared products or materials, excluding those uses specified in section 41-489.5. Ordinance No.NS-XXX Page 14 of 54 Case 8,23-cv-00504 Document 1-3 Filed 03/20/23 Page 29 of 76 Page ID#:95 (e) Wholesale establishments where the primary trade is business to business sale of products, supplies, and equipment. (f) Storage of previously prepared goods, products or materials for eventual distribution or sales where the goods, products or materials are the property of the owner or operator of the building or structure. (g) Machine shop or other metal working shops. (h) Warehousing. (i) Impound yards (storage only) with no office or dispatching operations. (j) Laundry and dry cleaning establishments in conjunction with plant operation for such establishment on the premises. (k) Eating establishments not specified in section 41-472.5. (1) Research laboratories that do not generate hazardous waste materials. (m) Service stations with no more than two thousand (2,000) square feet of the gross floor area devoted to non-automotive related product sales. (n) Truck, boat and heavy equipment sales, rental, and service. (o) Movie, photography, musical or video production studios. (p) Bulk products sales (twenty-five (25) cubic feet or greater) when such products are the primary sales activity. (q) Public utility structures. (r) Blueprinting, photoengraving, screen printing and other reproduction processes. (s) Wholesale nursery and plant storage. (t) Contractor's yard. (u) Automotive repair and service, including body and fender repair, painting, and engine replacement. (v) Home improvement warehouse store. (w) Sales of industrial products, supplies and equipment used for final product manufacture. (x) Lumberyard, including mill and sash work if conducted entirely within an enclosed building. Ordinance No.NS-XXX Page 15 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 30 of 76 Page ID #:96 (y) Recycling facilities not in excess of forty-five thousand (45,000) gross square feet and in compliance with section 41-1253 of this Code including: (1) Small collection facilities. (2) Large collection facilities. (z) Adult entertainment businesses, subject to compliance with the requirements of article XVII of this chapter. (aa) Storage and distribution of hazardous materials. (bb) Passenger transportation services. LccJ Retail circulation uses element. properties that front an arterial street, as defined in the Section 26. Section 41-472.1 (Ancillary uses permitted in the M1 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-472.1 -Ancillary uses permitted in the M1 district. The following uses are permitted when ancillary to any use permitted by section 41- 472 or to any use permitted subject to a conditional use permit: (1) Administrative office use occupying up to thirty (30) per cent of the gross floor area; (2) Product sales or service uses occupying up to five (5) per cent of the gross floor area; (3) GMd-Ear-e facilities occupying up to thirty (30) per cent of the gross floor area; provided, however, that no combination of uses permitted by this section shall exceed thirty (30) per cent of the gross floor area. (4) The outside storage of Class I and Class II liquids (as defined in the fire code of the City of Santa Ana) in above-ground fixed storage tanks when properly screened pursuant to section 41-622 of the Code, as it may be amended from time to time. As used herein, "tank" means a vessel containing more than sixty (60) gallons. (5) Enclosed storage where the goods, materials or supplies stored are the property of the owner or operator of the building or structure occupying up to thirty (30) per cent. Section 27. Section 41-472.5 (Uses subject to a conditional use permit in the M1 district) of Chapter 41 of the SAMC is hereby amended to read as follows: Ordinance No.NS,XXX 'ago 16 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 31 of 76 Page iD #:97 Sec. 41-472.5. - Uses subject to a conditional use permit in the M1 district. The following uses may be permitted in the M1 district subject to the issuance of a conditional use permit: (a) Principal industrial uses if occupying less than seventy (70) per cent of the gross floor area with the remainder of the floor area allocated to office use only, e, xcept as permitted in Section 41-472 (cc). (b) Storage of new or used buildings or houses. (c) rh,w ^.ire faG*Imtje& a care centers other than as permitted by section 41-472.1. (d) Trade schools which provide instruction which requires the operation of heavy equipment or machinery normally associated with manufacturing operations such as woodworking or machine shops. (e) Kennels for the temporary care and lodging of dogs and other domesticated household animals. (f) Eating establishments permitted in section 41-472 which operate between 12:00 and 5:00 a.m. and which are within one hundred fifty (150) feet of a residential use. (g) Eating establishments with drive-through window service. (h) Petroleum and gas storage. (i) Freight, bus and truck terminal. 0) Industrial medical clinics which offer medical services by referral only and do not offer overnight stays. (k) Administrative office use ancillary to a permitted industrial use occupying more than thirty (30) per cent of the gross floor area. (1) Light processing facilities and heavy processing facilities. (m) Car wash facility. (n) Banquet facilities as an ancillary use to a restaurant or eating establishment, subject to development and operational standards set forth in section 41-199.1. (o) Commercial storage not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway or within one thousand (1,000) feet of a freeway intersection. (p) Mini-warehouse uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is Ordinance No.N5-XXX Page 17 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 32 of 76 Page iD #:98 not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (q) Recreational vehicle, vehicle and/or boat storage yard; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (r) Data center uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection, (s) Indoor sport facility, subject to development and operational standards set forth in section 41-482. Section 28. Section 41-521 (Uses permitted in the C-SM district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-521. - Uses permitted in the C-SM district. The following uses are permitted in the C-SM district: (a) Retail and service uses. (b) Professional, business, and administrative, and businanr offices (c) Public parking lots and parking structures. (d) Animal hospitals and veterinarians. (e) Gymnasiums, health clubs, and martial arts studios. (f) Public utility structures, including electric distribution and transmission substations. (g) Restaurants, cafes, coffeehouses, and eating establishments, other than those provided in section 41-522, excluding the establishment of drive through service facilities. (h) Schools and studios operated for commercial or public purposes. (i) Child care faGilities. Day-care centers. Q} Art galleries, museums and exhibit halls. Ordinance No.NS-XXX Page 18 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 33 of 76 Page ID #:99 (k) Plant nurseries. (1) Theaters. (m) Furniture stores. (n) Youth amusement rides ancillary to grocery, general merchandise and department retail store uses. fol Medical offices. Section 29, Section 41-522 (Uses subject to a conditional use permit in the C- SM district) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-522. - Uses subject to a conditional use permit in the C-SM district. The following uses may be permitted in the C-SM district subject to the issuance of a conditional use permit: a. Clubs, lodges and fraternal organizations. b. Outdoor and indoor recreational or entertainment uses including night clubs, other than those set forth in section 41-521. c. Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. d. Thrift and resale stores, antique shops and collectable stores, excluding pawn shops and auction houses. e. Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. f. Laundromats. g. Ancillary outdoor dining facilities located in the front yard area. h. Banquet facilities, subject to development and operational standards set forth in section 41-199.1. i. Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. j. Automobile repair and automobile servicing. k. Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. Ordinance No.NS-XXX Page 19 of 54 Case 8:23-cv-00504 Document 1.-3 Piled 03/20/23 Page 34 of 76 Page ID #:1.00 1. Churches and accessory church buildings. m. Massage establishments, subject to development and operational standards set forth in Article_XVII.I of this Chapter. Section 30, Section 41-609 (Landscape) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-609. - Landscape. Where a landscape, as defined in section 41-100, is required by the provisions of this chapter, said landscape shall comply with the landscape guidelines and ermittin guirements established by the Director of„the Planning and Building Agency,which may be amended from time to time and be continuously maintained by proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants and decorative materials when necessary, and the regular watering of plants. Section 31. Section 41-610.5 (Wall and fence requirements in the industrial and commercial zones) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-610.5. -Wall and fence requirements in the industrial and commercial zones. (a) In the industrial and commercial zones,walls and fences shall not exceed ten (10) feet in height, and shall not exceed four (4) feet in height where the wall or fence extends into the required front yard or any required landscaped area. (b) On any lot in a C1, C2, C4, or C5 district, a concrete block wall not less than five (5) feet in height shall be erected along any property line contiguous to any residentially zoned property, except that such wall shall not exceed the height limitations prescribed in subsection (a) of this section. This requirement may be waived by the planning commission upon a finding that the abutting property is in a period of transition to nonresidential use, or that, due to special circumstances, the wall would not promote the public health, safety, or welfare. (c) Barbed wire is not permitted as part of a wall or fence except as follows: (1) In the M1, M2 and LM districts: barbed wire is permitted subject only to the restrictions set forth hereinafter. (2) In the C1, C2, C4 and CM districts: barbed wire is permitted only in a rear year or side yard which is not viewable from a public street and is subject to the restrictions set forth hereinafter. (3) Barbed wire may not be used above the height limitations set forth in subsection (a) of this section. (4) Barbed wire may not be used as part of any wall or fence which is adjacent to property used for residential purposes or to property which is used as a school, church, park, or youth center. Ordinance No.N5-XXX Page 20 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 35 of 76 Page ID #:101 Electric fences shall only be permitted in the M1 and M2 districts subject to the issuance of a minor exception pursuant to Article V of this Chapter and shall meet the-requirements set forth in California Civil Code Section 835 and below: Electric fences shall only be permitted on properties abutting a railroad right- of-way, Electric fences shall be located at least one hundred and fifty (150) linear feet from a property used for residential or public park use, or any property zoned for such a use, or schools (K-12) as defined by Section 11362.768 of the Health and Safety Code. LI Electric fences are only permitted in a rear or side yard which is not viewable from a public street. No electric fence„shall be permitted, installed, or used Unless it is completely surrounded and screened by a nonelectric wall that is at least six (6] feet in height. In no case shall the electric.fence encroach into any_reauired setback area. J, Electric fences may exceed the height of the surrounding nonelectric wall b up to 18 inches. LI 6. portion of the electric fence extending beyond the height of the surrounding nonelectric screen wall shall be angled awayfrom the property line at a 45-degree upward slope. Q Electric fences shall be set back from existing walls and fences in a manner so as to Drevent accumulation of debris and to prevent unsafe conditions from forming in any resulting a from the setback re uired bv this subsection. In no case shall anelectric fence exceed the maximum fence height established in subsection �9I Electric fences shall be installed to be as minimally intrusive as-possible. ,LOINo electric fence shall be energized during advertised business hours. L11IElectric fences shall be identified by prominently placed warning signs that are legible from both sides of the i., fence. At minimum, the warning signs shall meet all of the foliowb criteria: fffi The warning signs are placed at each gate and access point, and at intervals along the fence not exceeding thirty(30) feet The_warning signs are adjacent to any signs relating to chemical, radiological. or biological hazards. Ordinance No.NS-XXX Page 21 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 36 of 76 Page ID #:1D2 LQ The warning signs are marked with written warning or a common) recognized symbol for shock, a written warning ora commonly recognized symbol to warn people with pacemakers, and a written or commonly recognized symbol„about the danger of touching the fence in wet conditions. LL2A(=lectric fences equipped„with monitored alarm systems may require an alarm use permit. kl3lAccessibilitv to emer enc ersonnel and first res onders must be maintained through the use of a knox _box or other access feature as determined by the Orange County Fire Authority and the, Santa Ana Police Department. 14 The applicant and property owner„shall enter into an agreement holding the City of Santa Ana harmless from all legal actions that may arise due to the o�erati n of th elecfirified fence. Th Santa Ana be recorded with the e _ property y . and shall release the City afi .,._ _bih whatsoever. Section 32. Section 41-623 (Trash bin enclosures) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-623. -Trash bin enclosures. (a) An enclosure for the storage of„discarded material containers that are serviced by_ the city's solid_waste collection contractor is required -Owe-(1) tFa la-bon enGleSUM shall be pFevided for each commercial or industrial establishment and for each residential buMiIg-deyalopment consisting of three (3) or more dwelling units; except that for commercial or industrial establishments sharing vehicular access and parking in an integrated development, eee414 a shared trash bin nclosure may be provided for each group of four (4) or less such establishments, provided that any such shared 4ranW„-enclosure shall be maintained as freely accessible to all establishments originally assigned to share in its use. Enclosures shall be adequate in capacity, number, and distribution to serve the uses on-site. ( Persons applying for a permit from the city for. new construction and building additions and alterations shall comply with the requirement that enclosures have ade ua ate space for the city's three-collection container recycling program. Permit applicants for the Prolect types described below must as a condition of the cit 's permit approval, comply with the following enclosure requirements and comply with the enclosure desi n ouidelines pursuant to subsections (c)_and (d?. M New commercial construction or additions resultin in an increase of 30 percent or more of the floor area shall provide readily accessible_recycling areas identified forthe stora a and collection of-grey container, blue container, and preen container or brown container materials, consistent with the three- container collection program offered by the city pursuant to Chapter 16.Article II of this code and shall COMDIY with provision of adequate space for recycling ordinance No.NS-XXX Page 22 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 37 of 76 Page 1D #:103 for commercial premises pursuant to section 5.410.1 of the California Green Building Standards Code 24 CCR Part 11 as amended. Q New multifamily construction with ,more than three (3) units shall provide readily accessible recycling areas identifiers for the storage and collection of grey container, blue _container, and green container or brown container materials, consistent with the three-container collection program offered by the cily pursuant to Chapter 16. Article 11 of this code, and shall comps with ,provision of adequate space for regycling for multifamily premises pursuant to sections 4 410.2 o tithe California Green Building Standards Code, ,24 CCR Part � (cla)AII trash and utility areas shall be screened from public streets and alleys and adjacent properties. Trash and utility areas shall be physically integrated into the project and shall include an off-street loading area of three hundred (300) square feet with no single dimension less than ten (10) feet. (do)The director of GeMMUnity development planningand building, shall issue standards for the construction of trash-bon enclosures required by this section, and maintain such standards on file in the department of planning. All trash bin enclosures required by this section shall be constructed and maintained in accordance with such standards. Lel Ongoing Waste Enclosure Use and Maintenance. At a minimum,_the following best management practices shall be adhered to: JL The enclosure shall only be used for storage of solid waste, recycling, organic waste and used fats, oils, and rg ease, as defined in Section 39-50 of this code. Storage of hazardous waste or any other items inside the enclosure is strictly prohibited. Q All solid waste and used fats, oils,,and grease, as defined in Section 39-50 of this code, shall always be contained within appropriate water-tight, covered containers including„ secondary_containment „A supply of spill response materials designed to absorb leaking fluids and/or cooking oil/grease spills shall be kept near the enclosure. M Locks can be used for enclosures to avoid contamination and illegal dumping. Overfilling solid waste, recycling and/or organics containers is prohibited. Solid waste shall not protrude above the top rim of the container and shall allow for the lid(s)to close fully. Establishments that have more than three (3) instances of overflowing containers within six (6) months mat/ have their service level increased pursuant to Chapter 16. Article 11 of this code M Solid waste enclosures shall be maintained in good working_condition and in the condition that they were approved. Maintenance and cleaning of the solid waste enclosure is the day-to-day responsibility of the occupant or owner of the premises. Ordinance No.NS-XXX Page 23 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 38 of 76 Page ID #:104 Washing out the solid waste enclosure or waste receptacles to the storm drain system, street or gutter is prohibited. Wash water shall be directed towards a landscaped area or collected and discharged to the sanitary,, sewer only. Improper methods r methods of wash ter disposal shall be subject to violations of the _ sh water City s Water Quality Ordinance. Section 33, Section 41-683 (Discontinuance of nonconforming building or use) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-683. - Discontinuance of nonconforming building or use. Except as provided in section 41-683.5 and 41-683.6, if a nonconforming use is discontinued, or if a nonconforming building is vacant, unused or unoccupied for a period of twelve (12) consecutive months, any subsequent use must conform in every respect to the provisions of this chapter, and a nonconforming building may not thereafter be used or occupied until it conforms in every respect to the provisions of this chapter. Section 34. Section 41-683.6 (Discontinuance of nonconforming noxious use) of Chapter 41 of the SAMC is hereby added to read as follows: Sec. 41.683.6. - Discontinuance of nonconforminq noxious use. ,(al If a nonconforming use of a building regulated by Section 41 A 99.4,requires anew certificate of occupancy for any reason other than a change in business _name with no change in owner of the business, legal nonconforming status shall be lost and any subsequent use must conform in eve respect to the orovisions of this chapter If a nonconforming use of a building. regulated by__Section 41-199.4 is in violation of any applicable federal, state, or ,local regulation for a_period of sixty (60) consecutive days, receives three noncompliant not-ices from a federal, state, or local regulatory agency in a one (1) year period, or is in violation for a total of ninety (90) days in a one (1) year period, legal nonconforming status shall be lost g building shall conform in every respect to the provisions_of this chapter.t se of the � � a_�subse ue Section 36. Section 41-885 (Regional planned sign program) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-885. - Regional planned sign program. a) Definitions: 1. Regional commercial center - A large commercial complex containing a variety of stores, restaurants and other businesses housed in a series of connected and/or adjacent buildings within an integrated campus that shares common areas and parking facilities, and which fronts onto one or Ordinance No.NS-XXX Page 24 of 54 Case 8:23-cv-00504 Document l-3 tiled 03/20/23 Page 39 of 76 Page ID #:1.05 more freeways. Said center must be located on a site of no less than fifteen (15) acres. 2. Regional automobile dealership -An automobile dealership licensed by the state that sells new or used automobiles or other motor vehicles in conjunction with new automobiles to the general public on an integrated site which fronts onto one or more freeways or is on a site which is located within three hundred (300) feet of the point where a freeway exit centerline intersects with a city street. 3. Regional attraction -A large cultural or educational establishment such as a museum or zoo, or other establishment that blends education, entertainment, and/or amusement, and which fronts onto one or more freeways. Said attraction must be located on a site of no less than five (5) acres. 4. Regional institution - An institution providing higher education such as a college or universes with minimum school year average enrollment of at least 1,000 students", a healthcare institution such as a medical office building complex or hospital on a site of no less than five 5 acres, or an other facilily determined by the Executive Director of the Plannin and Building Agency to provide an educational, community assembly that is not commercial in nature, or medical use to the community. b) Eligibility for a regional planned sign program: 1. The sign program is proposed for a site that is a regional commercial center, regional automobile dealership, or regional attraction, or a regional institution. 2L. The site does not abut property zoned or u6ed for Fesidential uses, c) Signage and other on-premise advertising must meet the provisions of the sign code meant to protect the health, safety, and welfare of residents and workers in the immediate vicinity; signage shall be limited to only advertising on-site business activities. All signage must comply with the provisions of sections 41-860 and 41- 861 of this chapter except as noted within those sections pursuant to approval of a regional planned sign program described in this section. d) The provisions of this section shall be applied in conjunction with chapter41, article XI, "On-Premise Signs" of this Code, provided however, in the event of a conflict between the provisions within this section and the remainder of the City of Santa Ana Sign Ordinance as outlined in chapter 41, article XI, "On-Premise Signs," the provisions of this section shall prevail. e) Electronic message displays may be permitted in regional planned sign programs subject to the following conditions: Ordinance No.N5-XXX Page 25 of 54 Case 8:23-cv-00504 Document 1-3 Rfed 03/20/23 Page 40 of 76 Page ID#:106 1. Any electronic message displays may not be located within 300 feet of property pLoperty zoned or used for residential purposes, as measured from the face of the electronic message display to the nearest property line of the residential ro ert . The display(s) shall comply with the following requirements: A. Be oriented in a way that: i. Minimizes visual and light-emitting intrusion onto properties zoned or used for residential purposes; and, ii. Maximizes visibility from adjacent or nearby freeway corridors. B. Produce a maximum 0.3 foot-candles over ambient light levels. C. Include a means of ensuring additional flexibility in reducing light levels upon request by the city, D. Provide a means of limiting excessive light or glare. E. Have automatic diming capabilities. 2. The sign copy shall comply with the following requirements: A. Where screen transitions are used, such transitions shall not give the appearance of moving text or images, and should use smooth effects, such as fades, rather than abrupt transitions. The sign copy shall not use flashing, intermittent or moving lights or produce the optical illusion of movement. B. Each sign copy shall be displayed for a minimum of eight (8) seconds. 3. No electronic message display shall be located on a ground sign within fifty (50) feet of a traffic signal or sign, or placed in a location that would not maintain safe conditions for motorists, pedestrians, or cyclists as determined by the public works agency. 4. The property owner shall comply with Santa Ana Municipal Code section 41-638.2, establishing standards for graffiti abatement. 5. The property owner shall provide the city and the public a designated phone number and email address for emergencies or complaints that will be accessible 24 hours a day, seven days per week. 6. In addition to their on-premise advertising and identification purposes, the signs must make available a minimum amount of display time to be used for public service announcements or warning signs as requested and provided by the city of Santa Ana. Such minimum time will be established as a condition of approval for the regional planned sign program. Ordinance No.NS-XXX Page 26 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 41 of 76 Page ID #:107 7. The sign shall comply with any and all federal, state and local laws, regulations and permitting requirements. f) A regional planned sign program may be submitted by an applicant representing or owning the project site or may be required for a development project when the Planning Director or his or her designee determines that such a sign program is necessary because of special project characteristics. g) Applications for regional planned sign programs shall be accompanied by photo simulations of all proposed signage showing daytime and nighttime conditions in addition to standard forms, exhibits, and other materials requested by staff as required for a complete submittal. h) Every application under this chapter for a regional planned sign program or appeal to the city council shall be accompanied by a filing fee. No application shall be accepted for filing without the required fee, except that all governmental agencies are exempted from the fee requirement. The city council shall from time to time by resolution adopt a schedule of fees to be charged, a copy of which shall be maintained in the office of the planning department. i) An application to permit a regional planned sign program must be approved by the Planning Commission and be reviewed subject to compliance with the following sections of the Santa Ana Municipal Code: 1. 41-633, requiring forms, descriptions, notification of surrounding property owners, and signature(s) from recorded property owner(s), as applicable; 2. 41-635 through 41-637, scheduling for public hearing, providing notice of hearing, and continuances; 3. 41-642, reviewing the decision of the planning commission by the city council; 4. 41-645 and 41-646, processing appeals; 5. 41-647 and 41-647.5, utilizing such permits and violations of such permits; 6. 41-649, modifying such permits; and 7, 41-651, revoking of such permits. J In granting or denying a regional planned sign program, the- lanning commission shall make the following findings of fact and may impose conditions, restrictions or limitations as the commission may determine to be necessary to meet the general purpose and intent of this chapter and to ensure that the public health, safety and welfare are being maintained. Findings shall be made and conditions may be imposed to confirm that: Ordinance No.NS-XXX Page 27 of 54 t Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 42 of 76 Page ID #:108 1. The scale and intensity of the proposed signage is consistent and harmonious with surrounding land uses and does not create conditions that could contribute to visual or physical blight, intrusion, or similar incompatibilities. 2. The location of the proposed signage will not contribute towards a hazardous environment for pedestrians, cyclists, or motorists on city streets or freeways. 3. The proposed signage is compatible with the scale, intensity, and site development characteristics on which it is proposed. Scale, intensity, and site development characteristics may be determined by: A. Height of existing or proposed buildings on-site; B. Quantity of freestanding buildings, facades, and street frontages; C. Scale of buildings as they relate to pedestrian and vehicular access, surrounding land uses, and transportation corridors; D. Visibility from streets, highways, pedestrian areas, rail corridors, bikeways, other transportation routes, parks, and other public spaces; E. Architecture, color(s), material(s), illumination, and other site characteristics; and nature of business activities conducted on-site; and, F. Visibility from any property used or zoned for residential purposes. k) Appeals from decisions of the planning commission, extensions, time limits, and modifications to such regional planned sign programs must be conducted in a manner in accordance with chapter 41, article v, division 1 of the Santa Ana Municipal Code, Section 36. Section 41-1251 (Permits required) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-1251. - Permits required. (a) No person shall cause or permit the placement, construction, or operation of any small collection facility which is not located on property within a commercial zoning district and designated as a convenience zone where such uses are permitted by this section and which has not been issued either a land use certificate or a conditional use permit as required by this section and has produced documentation verifying certification by the State of California Department of Conservation. Applicants must also provide written proof of possession of State of California Workman's Compensation coverage and be in possession of a current Weighmaster's License. (b) Small collection facilities may be permitted on any property which is zoned and used for commercial and designated as a convenience zone or on property within an industrial zoning district. Light processing facilities and heavy Heavy processing Ordinance Na.NS-XXX Page 28 of 54 Case 8:23-ev-00504 Document 1-3 Filed 03/20/23 Page 43 of '76 Page ID #:109 1 facilities are permitted only in the M1 and M2 zoning districts with the approval of a conditional use permit. (c) A land use certificate shall be issued for any small collection facility which complies with the applicable standards set forth in this article. Section 37, Section 41-1309.1 (Change of use, exceptions) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-1309.1. -Change of use, exceptions. Upon the change of use of an existing building, lot, or a portion of a building or lot, additional parking and loading spaces shall be provided for the new use as required by this chapter over and above the number of parking and loading spaces required by this chapter for the prior use only, with the following exceptions: (1) Change of use in a historic district or registered historic property. Any change of use permitted in a historic resource shall not be required to provide additional parking to that legally required prior to the change of use. (2) Change of use in a space under two thousand five hundred (2,500) square feet. The occupancy of any tenant space of less than two thousand five hundred (2,500) square feet in all zones, may be interchanged among the below land uses without the need to provide additional parking beyond that currently provided on-site or in covenanted off-site spaces. The prior use must have been established with a valid business license and certificate of occupancy. Required parking shall be determined by the last occupancy that did not use this subsection in a space under two thousand five hundred (2,500) square feet in all zones. Parking will be determined by section 41-1300. • Professional, business, and administrative offices • Service uses • Medical aiqd dental offices • Restaurants/eating establishments • Retail and service activities • Live/work spaces • Banks and financial institutions • Gymnasiums and studios operated for commercial or public purposes _Change in use from industrial to retail as permitted in section 41-472 of this code stall not be required to provide additional parking spaces beyond that provided Ordinance No.NS-XXX Page 29 of 54 Case 8:23-cv-00504 Document 1-3 Piled 03/20/23 Page 44 of 76 Page ID #:1.10 on-site or in covenanted off-site spaces when the retail component of the use is equal to or less than 50 percent of the gross square footage of the tenant space, Section 38, Section 41-1751 (Definitions) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-1751. Definitions. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter: (a) "California Massage Therapy Council' or "CMTC" means the state-organized, non-profit organization created to regulate the massage industry as set forth in Chapter 10.5 of Division 2 of the California Business and Professions Code (commencing with Section 4600, as amended). "Chair massage„service" means where a patron receives a_massage while fully clothed in a public or semipublic area. The areas massaged are the head, neck, back, arms, and feet only. (gla) "Employee" includes every owner, partner, operator, manager, supervisor and worker, whether part-time, full-time, or temporary, whether paid or not, who renders services of any nature or is otherwise employed in the operation of a massage establishment. For purposes of this chapter, the term employee shall also include massage technicians who provide massage services as independent contractors to a massage establishment. (de) "Manager" means the owner or operator of the massage establishment, or any persons) designated by the owner or operator to act as the representative and agent of the owner or operator in managing daily operations. Evidence of management may include, but is not limited to, evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules, or purchase supplies. (gel) "Massage" means any scientific manipulation of soft tissue, or method of applying pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, ointments, or other similar preparations commonly used in this practice. (fe) "Massage certificate" means a certificate issued by the CMTC pursuant to Section 4604 of the Business and Professions Code (Chapter 10.5 commencing with section 4600, as amended). (gf} "Massage establishment" means any establishment having a fixed place of business where any individual, firm, association, partnership, corporation, or Ordinance No.Ns-XXX Page 30 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 45 of 76 Page ID #:111 combination of individuals, engages in, conducts, carries on or permits to be engaged in, conducted or carried on, massages, baths, or health treatments involving massage or baths as regular functions. ( Massage establishment, ancillary" means a massage establishment that is operated as an_ancilla[y use in coniunction with an approved health club, athletic club, gym, or hotel or in conjunction_with a medical office. For the purpose of this definition an ancillary use shall mean a use that is not more than twenty-five (25) percent of the floor area of the related health or athletic activities of the primary use. Qg) "Massage technician" means any massage practitioner, masseuse, massage therapist or any person who administers or in any way assists in administering any form of massage, bath, or health treatment involving massages or baths as the principal functions to another person for any consideration whatsoever. A massage technician may be an employee or independent contractor. Section 39, Section 41-1752 (Permitted zones and locations) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-1752. - Permitted zones and locations. No massage establishment may be 19-ated.within the-eity uR es�s-tt-meets the fall,v.,"i;g (a) Achair massage service may,be located in commercial zoning districts where retail and service uses are permitted. An ancillary massage establishment„may only be„located in zoning districts that permit health clubs, athletic clubs, gyms hotels, or where medical services.are permitted. (c) Massage establishments may be located within the following_zoning districts subject to the issuance of a conditional use permit: (1) Massage establishments may be permitted on parcels in the C1, Cl-MD, C2, C4, C5, or CSM zoning districts. (2) Massage establishments may be permitted on a parcel within any Specific Plan or Specific Development zoning district in which massage establishments retail 6erviee us are defined and permitted, (3) 1 -G- Massage establishments is are not permitted in any other zoning district. Section 40. Section 41-1753 (Permits and certificates-contents of application) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec, 41-1753. - Permits and certificates-contents of application. No massage establishment may be operated or established in the city without first obtaining the following: Ordinance No.N5-XXX Page 31 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 46 of 76 Page ID #:112 A(2) _city issued business li.+ens 1•'l r (3) Approved massage establishment permit issued by the ehief of peliGe, as set fedtv i n_seG ien `2-2 of this Code. (a) No chair massage service or ancillary massage establishment may be operated or established in the city without first obtaining the following_ (1) Approved certificate of occupancy. 2 A cityissued business license. QLApproved massage establishment permit issued by the chief of police, as set, forth in Section 22-2 of this Code, No massage_establishment may be operated or established in the city without first obtaining the he fallowing. (1) Approved conditional use permit. 2 Approved certificate of occu anc . (3) A city issued business license. 4 Approved massage establishment permit issued by the chief of police, as set forth in section 22-2 of this Code. Section 41. Section 41-1754 (Development and operating standards) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-1754. Development and operating standards. (a) The following development and operating standards shall be applied to the operation of any chair massage, ancillary massage establishment. or massage establishment: (1) The owner must advise the city, in writing, at the time of the application for a permit of the business hours and, thereafter, of any changes in such hours. No person shall operate a chair massage, ancillary massage establishment or massage establishment or administer a massage in any massage establishment between the hours of 10:00 p.m. and 8:00 a.m. A massage begun any time before 10:00 p.m., must nevertheless terminate at 10:00 p.m. All customers, patrons and visitors shall be excluded from the chair massage. anc_ illary massage establishment or massage establishment during these hours and be advised of these hours. Ordinance No,NS-XXX Page 32 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 47 of 76 Page ID #:113 (2) All exterior signs identifying the premises as a chair massage, ancillary massage establishment, or massage establishment shall comply with the sign requirements of the city. (3) Each operator and/or on-duty responsible employee shall display the massage establishment permit in a conspicuous public place in the lobby of the mewsag establoshmen+business. (4) The hours of operation must be posted in the front window and clearly visible from the outside. (5) The operator and/or on-duty responsible employee must also post, on a daily basis in a conspicuous public place in the lobby, the name of the operator and/or on-duty responsible employee as well as all on-duty massage technicians. (6) "No loitering" signs shall be posted at the front and rear of the business. No outside waiting or seating area is permitted in accordance with section 602 of the Penal Code. (7) Employees shall be at least eighteen (18) years of age. There shall be a minimum of one (1) employee managing the business-ass--e establishment during all working hours. During each employee's working hours, the employee shall wear a city issued badge identifying the business and the employee's full name. (8) Occupancy shall not exceed that required under the Uniform Building Code and Uniform Fire Code, and the maximum occupancy load shall be posted at the main entrance. (9) Window areas shall not be covered or made opaque in any way. All windows and entrances must be unobstructed at all times. (10) Lighting levels on the premises within sixty (60) feet of the use and in all required parking areas shall be maintained at a minimum one (1) foot-candle of light. (11) No exterior pay phones shall be permitted. (12) Rear exits are prohibited unless required by either the building code or the fire code. When required, rear exit doors shall be kept in a locked closed position and shall have panic hardware. (13) No person shall be employed or permitted to act as a massage technician who is not in possession of a valid, un-revoked massage certificate and a photo identification card prepared and issued by the city as required in chapter 22 of this Code. Ordinance No.NS-XXX Page 33 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 48 of 76 Page ID #:114 (14) It shall be unlawful for any person to perform any massage upon a member of the general public while on the premises of a school of massage. (15) Residing in a chair massage, ancillary massage establishment, or massage establishment is prohibited. No person or persons shall be allowed to live, reside or dwell inside the business massage o ce at anytime. No food of any kind shall be prepared for sale or sold in the establishment. (16) No interior doors may be locked during operating hours. Section 42. Section 41-2109 (Requirements) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-2109. - Requirements. An urban lot split must satisfy each of the following requirements: (a) Map Act Compliance. (1) The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code section 66410 et. seq., "SMA") and implementing requirements in this Code, except as otherwise expressly provided in this division. (2) If an urban lot split violates any part of the SMA, the city's subdivision regulations, including this division, or any other legal requirement: (A) The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including, but not limited to, an action for damages or to void the deed, sale, or contract. (B) The city has all the remedies available to it under the SMA, including, but not limited to, the following: (i) An action to enjoin any attempt to sell, lease, or finance the property. (ii) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief. (iii) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one (1) year, by a fine of up to ten thousand dollars ($10,000.00), or both; or a misdemeanor. (iv) Record a notice of violation. (v) Withhold any or all future permits and approvals. Ordinance No.NS-XXX Page 34 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 49 of 76 Page ID #:115 (3) Notwithstanding section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split. (b) Zone. The lot to be split is in a zoning district that allows single-family residences. (c) Lot Location. (1) The lot to be split is not located on a site that is any of the following: (A) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters. (B) A wetland. (C) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards. (D) A hazardous waste site that has not been cleared for residential use. (E) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards. (F) Within a 100-year flood hazard area, unless the site has either: (i) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or (ii) Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program. (G) Within a regulatory floodway, unless all development on the site has received a no-rise certification. (H) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. (1) Habitat for protected species. (J) Land under conservation easement. (2) The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)-(K) are satisfied. Ordinance No.N5-XXX Page 35 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 50 of 76 Page ID #:116 (d) Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance or resolution as a city or county landmark or as a historic property or district. (e) No Prior Urban Lot Split. (1) The lot to be split was not established through a prior urban lot split. (2) The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner. (f) No Impact on Protected Housing. (1) The urban lot split must not require or include the demolition or alteration of any of the following types of housing: (A) Housing that is income-restricted for households of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power. (C) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code sections 7060- 7060.7) at any time in the fifteen (15) years prior to submission of the urban lot split application. (D) Housing that has been occupied by a tenant in the last three (3) years. (2) As part of the urban lot split application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subsection (f)(1) above is satisfied. (A) The sworn statement must state the following: (i) No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered. (ii) No housing that is subject to any form of rent or price control will be demolished or altered. (iii) No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last fifteen (15) years will be demolished or altered. Ordinance No.NS-XXX Page 36 of 54 Case 8:23-cv-00504. Document 1-3 Filed 03/20/23 Page 51 of 76 Page ID #:117 (iv) No housing that has been occupied by a tenant in the last three (3) years will be demolished or altered. (B) The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including, but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement. (g) Lot Size. (1) The lot to be split must beat least two thousand four hundred (2,400) square feet. (2) The resulting lots must each be at least one thousand two hundred (1,200) square feet. (3) Each of the resulting lots must be between forty (40) percent and sixty (60) percent of the original lot area. (h) Easements. (1) The owner must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots. (2) Each easement must be shown on the tentative parcel map. (3) Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with section 41-2108(b). (4) If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the city will provide, a notice of termination of the easement, which the owner may record. (i) Lot Access. (1) Each resulting loft must adjoin a public street right-of-way that meets the established standards for is designated street classification as specified in the Mobility Element of the General Plan. (2) Each resulting lot must have frontage on the public street right-of-way of at least twelve and one-half(12.5) feet. (3) Vehicle access easement serving a maximum of two (2) units shall be a minimum of twelve (12) feet in width and shall have a minimum length of twenty (20) feet. Ordinance No.NS-XXX Page 37 of 54 Case 8:23-cv-00504. Document 1-3 Filed 03/20/23 Page 52 of 76 Page 1D #:118 (j) Unit Standards. (1) Quantity. No more than two (2) dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this article, an ADU, or a JADU. (2) Unit Size. (A) The total floor area of each primary dwelling that is developed on a resulting lot must be. (i) Less than or equal to eight hundred (800); and (4) More than five hundred (500) square feet. (B) A primary dwelling that was legally established prior to the urban lot split and that is larger than eight hundred (800) square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded. (C) A primary dwelling that was legally established prior to the urban lot split and that is smaller than eight hundred (800) square feet may be expanded to eight hundred (800) square feet after the urban lot split. (3) Height Restrictions. (A) On a resulting lot that is smaller than two thousand (2,000) square feet, no new primary dwelling unit may exceed two (2) stories or twenty-two (22) feet in height, measured from finished grade to peak of the structure. Any portion of a new primary dwelling that exceeds one (1) story must be stepped back by an additional five (5) feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback. (B) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split. (4) Lot Coverage. The maximum building coverage of net lot area shall be thirty-five (35) percent. If new structures are proposed to be one-story and be deed restricted to be maintained as one-story structures in perpetuity, a fifty (50) percent lot coverage is allowed. This lot coverage standard is only enforced to the extent that it does not prevent two (2) primary dwelling units on the lot at eight hundred (800) square feet each. (5) Open Space. Private open space shall be provided for each unit at a minimum of one hundred (100) square feet in the form of a private covered patio or deck.The minimum dimensions of such space shall be eight (8)feet in each direction. This open space standard is only enforced to the extent Ordinance No.N5-XXX Page 38 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 53 of 76 Page ID #:119 that it does not prevent two (2) primary dwelling units on the lot at eight hundred (800) square feet each. (6) Setbacks. (A) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone. (B) Exceptions. Notwithstanding subsection j(6)(A) above: (i) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure. (ii) Eight hundred (800) sf, four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two (2) units on the lot or either of the two (2) units from being at least eight hundred (800) square feet in floor area; but in no event may any structure be less than four (4) feet from a side or rear property line. (C) Front Setback Area. Notwithstanding any other part of this Code, dwellings that are constructed after an urban lot split must be at least twenty-five (20M) feet from the front property lines. The front setback areas must: (i) Be kept free from all structures greater than three (3) feet high; (ii) Be at least fifty (50) percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect; and (iii) Allow for vehicular and fire-safety access to the front structure. (7) Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one (1) off-street parking space per unit unless one (1) of the following applies: (A) The lot is located within one-half('/z) mile walking distance of either: (i) A corridor with fixed route bus service with service intervals no longer than fifteen (15) minutes during peak commute hours; or (ii) A site that contains: (ia) An existing rail or bus rapid transit station; or Ordinance No.NS-XXX Page 39 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 54 of 76 Page ID #:120 k (ib) The intersection of two (2) or more major bus routes with a frequency of service interval of fifteen (15) minutes or less during the morning and afternoon peak commute periods. (B) The site is located within one (1) block of a car-share vehicle location. A car-share vehicle shall mean a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service. (8) Architecture. (A) If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. (B) If there is no legal primary dwelling on the lot before the urban lot split, and if two (2) primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. (C) All new structures and conversions of existing accessory structures shall meet objective standards of Division 3 of this article. (D) If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than three (3) feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least sax (6) feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. (9) Landscaping. (A) The project shall be designed meeting all the landscaping standards of the Banta Ana Municipal Code set forth in section 41-240. (B) Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-way) as follows: (i) At least one 15-gallon size plant shall be provided for every five (5) linear feet of exterior wall. Alternatively, at least one (1) 24-inch box size plant shall be provided for every ten (10) linear feet of exterior wall. ordinance No.N5-XXX Page 40 of 54 Case 8:23-cv-00504 Document 7.-3 Filed 03/20/23 Page 55 of 76 Page ID #:121. (ii) Plant specimens must be at least six (6) feet tall when installed. As an alternative, a solid fence of at least six (6) feet in height may be installed. (iii) All landscaping must be drought-tolerant. (iv) All landscaping must be from the city's approved plant list. (10)Nonconforming Conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected. (11) Utilities. (A) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider. (B) Notwithstanding subsection j(11)(A) above, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the city's code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five (5) years or, if the percolation test has been recertified, within the last ten (10) years. (C) All utilities must be underground. (12)Building and Safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use. (k) Separate Conveyance. (1) Within a resulting lot. (A) Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other. (B) Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split. (C) All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners. (D) No timeshare, as defined by state law or this Code, is permitted. This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time. (2) Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may Ordinance No.NS-XXX Page 41 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 56 of 76 Page ID #:122 separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two (2) lots. (l) Regulation of Uses. (1) Residential-only. No non-residential use is permitted on any lot created by urban lot split. (2) No short-term vacation rentals (STRs). No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than thirty (30) days. (3) Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one (1) of the dwelling units on one (1) of the resulting lots as the applicant's principal residence for a minimum of three (3) years after the urban lot split is approved. (m) Notice of Construction. (1) At least thirty (30) business days before starting any construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information: (A) Notice that construction has been authorized; (B) The anticipated start and end dates for construction; (C) The hours of construction; (D) Contact information for the project manager (for construction-related complaints); and (E) Contact information for the Building & Safety Department. (2) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation. (n) Deed Restriction. The owner must record a deed restriction on each lot that results from the urban lot split, on a form approved by the city, that does each of the following: Ordinance No.NS-XXX Page 42 of 54 Case 8:23-cv-00504 Document 1-3 Piled 03/20/23 Page 57 of 76 Page ID #:123 (1) Expressly prohibits any rental of any dwelling on the property for a period of less than thirty (30) days. (2) Expressly prohibits any non-residential use of the lots created by the urban lot split. (3) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot. 4 Expressly requires that any r�et new a boas+ „no r�� .,,,.., p Y re q unit created as a result of the provisions of this Division be deed restricted for affordable housing at the following levels:-e+th very low, I^��,, or moderate Levels JL Rental products shall be made affordable to ve low or low income households. LBI For-sale products shall be made affordable to moderate income households. (5) States that: (A) The lot is formed by an urban lot split and is therefore subject to the city's urban lot-split regulations, including all applicable limits on dwelling size and development. (B) Development on the lot is limited to development of residential units under Divisions 2 and 3 of this article, except as required by State law. Section 43. Section 41-2115 (Requirements) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-2115. - Requirements. A two-unit project must satisfy each of the following requirements: (a) Map Act Compliance. The lot must have been legally subdivided. (b) Zone. The lot is in a single-family residential zone. (c) Lot Location. (1) The lot is not located on a site that is any of the following: (A) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters. (B) A wetland. Ordinance No.NS-XXX Page 43 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 58 of 76 Page ID #:124 k. (C) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards. (D) A hazardous waste site that has not been cleared for residential use. (E) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards. (F) Within a 100-year flood hazard area, unless the site has either: (i) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or (ii) Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program. (G) Within a regulatory floodway, unless all development on the site has received a no-rise certification. (H) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. (1) Habitat for protected species. (J) Land under conservation easement. (2) The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)-(K) are satisfied. (d) Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance or resolution as a city or county landmark or as a historic property or district, or a structure of merit. A structure of merit is defined as meeting one or more of the following: (1) It is associated with events that have made a significant contribution in our past. (2) It is associated with the lives of persons significant in our past. (3) It embodies the distinctive characteristics of a type, period, architectural style or method of construction, or represents the work of a master, or Ordinance No.NS-XXX Page 44 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 59 of 76 Page ID #:125 possesses high artistic or historic value, or represents a significant and distinguishable collection whose individual components may lack distinction. (4) It yields, or may be likely to yield, information important in prehistory or history. (5) Its unique location or singular physical characteristic represents an established and familiar visual feature of a neighborhood. (e) No Impact on Protected Housing. (1) The two-unit project must not require or include the demolition or alteration of any of the following types of housing: (A) Housing that is income-restricted for households of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power. (C) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code sections 7060- 7060.7) at any time in the fifteen (15) years prior to submission of the urban lot split application. (D) Housing that has been occupied by a tenant in the last three (3) years. (2) As part of the two-unit project application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subsection (e)(1) above is satisfied. (A) The sworn statement must state the following: (i) No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered. (ii) No housing that is subject to any form of rent or price control will be demolished or altered. (iii) No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last fifteen (15) years will be demolished or altered. (iv) No housing that has been occupied by a tenant in the last three (3) years will be demolished or altered. Ordinance No.NS-XXX Page 45 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 60 of 76 Page ID #:126 (B) The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including, but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement. (f) Unit Standards. (1) Quantity. (A) No more than two (2) dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this article, an ADU, or a JADU. (B) A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under state law and the city's ADU ordinance. (2) Unit Size. (A) The total floor area of each primary dwelling built that is developed under this section must be: (i) Less than or equal to eight hundred (800); and (ii) More than five hundred (500) square feet. (B) A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than eight hundred (800) square feet is limited to the lawful floor area at the time of the two-unit project. The unit may not be expanded. (C) A primary dwelling that was legally established prior to the two-unit project and that is smaller than eight hundred (800) square feet may be expanded to eight hundred (800) square feet after or as part of the two- unit project. (3) Height Restrictions. (A) On a lot that is smaller than two thousand (2,000) square feet, no new primary dwelling unit may exceed two (2) stories or twenty-two (22)feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one (1) story must be stepped back by an additional five (5) feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback. (B) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project. Ordinance No.NS-XXX Page 46 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 61 of 76 Page ID #:127 (4) Demo Cap. The two-unit project may not involve the demolition of more than twenty-five (25) percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three (3) years. (5) Lot Coverage. The maximum building coverage of net lot area shall be thirty-five (35) percent. If new structures are proposed to be one-story and be deed restricted to be maintained as one-story structures in perpetuity, a fifty (50) percent lot coverage is allowed. This lot coverage standard is only enforced to the extent that it does not prevent two (2) primary dwelling units on the lot at eight hundred (800) square feet each. (6) Open Space. Private open space shall be provided for each unit at a minimum of one hundred (100) square feet in the form of a private covered patio or deck. The minimum dimensions of such space shall be eight (8) feet in each direction. This open space standard is only enforced to the extent that it does not prevent two (2) primary dwelling units on the lot at eight hundred (800) square feet each. (7) Setbacks. (A) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone. (B) Exceptions. Notwithstanding subsection (f)(7)(A) above: (i) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure. (ii) Eight hundred (800) sf,- four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two (2) units on the lot or either of the two (2) units from being at least eight hundred (800) square feet in floor area; but in no event may any structure be less than four (4) feet from a side or rear property line. (C) Front Setback Area. Notwithstanding any other part of this Code, dwellings that are constructed under this section must be at least twenty (20) feet from the front property lines. The front setback area must: (i) Be kept free from all structures greater than three (3)feet high; (ii) Be at least fifty (50) percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect; and Ordinance No.NS-XXX Page 47 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 62 of 76 Page ID #:128 (iii) Allow for vehicular and fire-safety access to the front structure. (D) Interior Side Yard and Rear Yard Setbacks. Dwelling units must provide a minimum of four-foot interior side yard and rear yard setbacks for the property line. (E) Corner Lot Setbacks for side yards abutting a street. Dwellings that are constructed pursuant to Divisions 2 and 3 of this article must provide setbacks at least ten (10) feet from the side yard abutting the street. (F) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure. (8) Parking. Each new primary dwelling unit must have at least one (1) off-street parking space per unit unless one (1) of the following applies: (A) The lot is located within one-half ('/2) mile walking distance of either: (i) A corridor with fixed route bus service with service intervals no longer than fifteen (15) minutes during peak commute hours; or (ii) A site that contains: (ia) An existing rail or bus rapid transit station; or (ib) The intersection of two (2) or more major bus routes with a frequency of service interval of fifteen (15) minutes or less during the morning and afternoon peak commute periods. (B) The site is located within one (1) block of a car-share vehicle location. A car-share vehicle shall mean a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service. (9) Architecture. (A) If there is a legal primary dwelling on the lot that was established before the two-unit project, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. (B) If there is no legal primary dwelling on the lot before the two-unit project, and if two (2) primary dwellings are developed on the lot, the dwellings Ordinance No.NS-XXX Page 48 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 63 of 76 Page ID #:129 must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. (C) New roofing and siding materials that are shiny, mirror-like, or of a glossy metallic finish are prohibited. (D) All exterior lighting must be limited to down-lights. (E) No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. (F) If any portion of a dwelling is less than thirty (30) feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six (6) feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. (G) New skylights shall have flat glass panes. "Bubble" or dome type skylights are prohibited. (FI) The roof pitch/slope and roof style (e.g. hip, gable, mansard) of the proposed unit addition shall be the same as the primary dwelling. (1) If a garage is converted to new unit, the garage door opening shall be replaced with exterior wall coverings, or residential window and doors, to match the existing exterior garage wall covering and detailing. (J) Additions or new construction shall comply with the following: (i) On a site already developed with an existing residential unit, the new unit shall be designed and constructed to match the existing paint color and exterior building materials, including but the limited to siding,windows, doors, roofing, light fixtures, hardware, and railings. (ii) If residential development is propped on a lot where not residential units currently exist, the units shall be constructed using the same architectural style, exterior building materials, colors and finishes. (iii) The size of the common indoor living areas of a dwelling unit, such as the living room, dining room, kitchen, family room,etc. must be equal to, or greater than, the square footage of bedrooms provided. Ordinance No.NS-XXX Page 40 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 64 of 76 Page ID #:130 (iv) Direct exterior accOss from a first-floor bedroom to the exterior of the dwelling unit shall be through a sliding door or double French door. (v) Upper story unenclosed landings, decks, and balconies greater than twenty (20) square feet that face or overlook an adjoining property, shall be located a minimum of fifteen (15) feet from the interior lot lines. (vi) Water heaters (excluding tank less water heaters) and laundry facilities (washer and dryer) may not be located on the exterior of a dwelling unit. (vii) Upper story unenclosed landings, decks, and balconies, that do not face or overlook an adjoining property due to orientation or topography, may be located at the located at the minimum as allowed by the underlying zone interior setback line if an architectural screening element such as enclosing walls, trellises, awning, or perimeter planters with a five-foot minimum height is incorporated into the unenclosed landing, deck, or balcony. (viii)Lipper story windows located within fifteen (15) feet of an interior lot line and face or overlook an adjoining property shall be installed a minimum of forty-two (42) inches above finish floor. (10) Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-way) as follows: (A) At least one (1) 15-gallon size plant shall be provided for every five (5) linear feet of exterior wall. Alternatively, at least one (1) 24-inch box size plant shall be provided for every ten (10) linear feet of exterior wall. (B) Plant specimens must be at least six (6) feet tall when installed. As an alternative, a solid fence of at least six (6) feet in height may be installed. (C) All landscaping must be drought-tolerant. (D) All landscaping must be from the city's approved plant list. (11) Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected. (12) Utilities. Ordinance No.NS-XXX Page 60 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 65 of 76 Page ID #:131 (A) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider. (B) Notwithstanding paragraph subsection (f)(12)(A) above, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the city's code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five (5)years or, if the percolation test has been recertified, within the last ten (10) years. (C) All utilities must be underground. (13)wilding and Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city's current code. (g) Separate Conveyance. (1) Primary dwelling units on the loft may not be owned or conveyed separately from each other. (2) Condominium airspace divisions and common interest developments are not permitted within the lot. (3) All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners. (A) No timeshare, as defined by state law or this Code, is permitted. This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time. (h) Regulation of Uses. (1) Residential-only. No non-residential use is permitted on the lot. (2) No short term rentals (STRs). No dwelling unit on the lot may be rented for a period of less than thirty (30) days. (3) Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one (1) of the dwellings on the lot as the owners' principal residence and legal domicile. (i) Notice of Construction. Ordinance No.NS-XXX Page 51 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 66 of 76 Page ID #:132 (1) At least thirty (30) business days before starting any construction of a two- unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels,which notice must include the following information: (A) Notice that construction has been authorized. (B) The anticipated start and end dates for construction. (C) The hours of construction. (D) Contact information for the project manager (for construction-related complaints). (E) Contact information for the Building and Safety Department. (2) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this article. This notice requirement is purely to promote neighborhood awareness and expectation. {j) Deed Restriction. The owner must record a deed restriction, on a form approved by the city, that does each of the following: (1) Expressly prohibits any rental of any dwelling on the property for a period of less than thirty (30) days. (2) Expressly prohibits any non-residential use of the lot. (3) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot. (4) If the lot does not undergo an urban lot split: Expressly requires the individual property owners to live in one (1) of the dwelling units on the lot as the owners' primary residence and legal domicile. (5) Expressly requires that any net newest least one, new unit created be deed restricted for affordable housing at the following levels: either very IGW- loans 9F ry ederato Rental products shall be made affordable to very low or low income households. JBA For-sale products shall be made affordable to moderate income households. Ordinance No.NS-XXX Page 52 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 67 of 76 Page ID #:133 (6) Limits development of the lot to residential units that comply with the requirements of this section, except as required by state law. Section 44. Table 3-2 (Permitted Uses) of the Harbor Mixed Use Transit Corridor Specific Plan (Specific Plan No. 2) is hereby amended as per Exhibit A of this Ordinance to delete reference to "Child day care - more than 8 and up to 14 children" in its entirety. Section 45. The definition of "Personal services — restricted" as appearing in the Harbor Mixed Use Transit Corridor Specific Plan (Specific Plan No. 2)"Definitions"section is hereby amended as per Exhibit A of this Ordinance to clarify the use, the section referenced in the SAMC, and applicable standards. Section 46. Table 2A (Use Standards) of Section 41-2007 of the Transit Zoning Code (Specific Development No. 84) is hereby amended as per Exhibit B of this Ordinance to delete reference to "Child day care - more than 8 and up to 14 children" in its entirety. Section 47. The definition of "Personal Services — restricted" as appearing in Section 41-2080 of the Transit Zoning Code (Specific Development No. 84) is hereby amended as per Exhibit B of this Ordinance to clarify the use, section referenced in the SAMC, and applicable standards. Section 48. Table 3 (Permitted Land Uses) of Section 4.1 of the Metro East Mixed-Use Overlay Zone is hereby amended as per Exhibit C of this Ordinance to replace all references to"Child care facilities"with "Daycare centers," and to expressly permit and require a conditional use permit for massage establishments in two districts within the plan area. Section 49, Table 3 (Permitted Land Uses) of Section 4.1 of the Metro East Mixed-Use Overlay Zane is hereby amended as per Exhibit C of this Ordinance to include a reference to "Massage establishments" and to permit them subject to a conditional use permit in the Village Center and Active Urban districts of the overlay. Section 50. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 51. This ordinance shall become effective thirty (30) days after its adoption. Section 52, The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. Ordinance No.NS-XXX Page 53 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 68 of 76 Page ID #:1.34 ADOPTED this day of , 2023. Valerie Amezcua Mayor APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: John M. Funk Chief Assistant City Attorney AYES: Councilmembers: _ NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No,NS-XXX Page 64 of 54 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 69 of 76 Page ID #:135 CHAPTER 3: Land Use Plan and Development Standards Permitted Uses Table 3-2 shall regulate land uses within the Harbor Corrldor Plan area. The table provides uses by district The uses are indicated by abbreviation: permitted (P),not permitted(N),permitted by Conditional Use Permit(CUP),permitted by Land Use Certificate(LUC),and permitted through Site plan Review(SPR).The Transit Node District is divided Into two areas basd on their proximity to the transit stops. Transit Node North:Permitted uses shall apply to properties In the Transit Node District adjacent to the North Transit Stop as depicted in Figure 3-1. Transit Node South:Permitted uses shall apply to properties In the Transit Node District adjacent to the South Transit Stops as depleted In Figure 3-1. Table 3-2. Permitted Uses NEIGH TRANSITIONAL +•Joint living-working quarters p(777 p(2) CUP N Care homes_ _N CUp CUP N Single family dwelling —.Y-_ --_-----__ --__ N _P — P — N -- Multi-family dwellings (In building types other than a House or Live-Work) P(1) P(1) P P N.. tl p R Community assemblyor religious facility p(1) P(1) P CUP - N Library,museum P P P P SPR Park or recreation facility(outdoor) P p p P Commercial recreationlhealthtfitness(indoor) clip CUP - N. --N p school P(1) P(1) P CUP N. - Studio p(3) P P CUP N Theater,cinema or performing arts P P P N IN General retail P I P P P(2) N'. Grocery,food market P(3) P P(3) P(2) N Eating establishment P(3) P p P(2) _ N - Auto or motor vehicle sales N N CUP N N Auto or motor vehicle service 'N. N - CUp N N Banquet faculty/catering-subject to 41.199.1 of the SAW CUP(1) CUP(1) CUP(1) N N Child day care-more than 8 and up to 14 children P(1) P P LUG N Child day care center(15 or more children) P(1) P P CUP Hotel,excluding transient residential hotel and long-term stay P P p Personal services P(3) P P P(2)<. -- :N _ Personal services-restricted N N CUP CUP - N� - •A A Bank,financial services P(3) P P N N Clinic,urgent care _ - N N - P — --Y N � - --- N — Doctor,dentist,chiropractor office P(1) P P N --N Professional/administrative/service office P(1) P P P(2) N + R Parking facility-public or commercial p p sPR N N (stand-alone parking structures are prohibited)(4) Transit station or terminal P P p N SPR Public utility structure,excludingwireless communication facilities N;.:: N N CUP SpR �— R p Any structure over three(3)stories in height SPR SPR SPR SPR SPR Businesses operating between 12 am and 7 am CUP CUP CUP CUP N Alcoholic beverage sales or consumption CUP CUP CUP CUP IN Adult business N N N N N Light ar heavy industrial N N N N N (1) Use permitted only on second or upper floors,or behind retail or service ground floor use. P Use is permuted subject to coin pllance with all appllcable provisions of the Santa (2) Permitted use as part of a vertical mixed use program,with upper floor residential Ana Municipal Code (3) Perm litcd only as part of a mixed use project with a commercial or residential component LUC Use is permitted subject to the approval of a Land Use Certificate (4) Parking facilities must comply with building frontage standards CUP Use is permitted subject to the approval of a Conditional Use Permit SPR Use is permitted subject to the approval of a Site Plan Review N use not permitted In district October 2C14 ]EXHIBIT A 3-3 !i Case 8:23-cv 00504 Document 1-3 Filed 03/20/23 Page 70 of 76 Page ID #:136 CHAPTER 7:Administration and Implementation » Accounting,auditing and bookkeeping services Setback:The area of a lot measured from a lot line to a building facade or » Advertising agencies elevation that must be maintained clear of permanent structures excepting » Attorneys galleries, fences, garden walls, arcades, porches, stoops, balconies, bay » Business associations,chambers of commerce windows, and terraces which are permitted to encroach Into the setback » Commercial art and design services subject to the standards established in Chapter 3 of this Specific Plan. » Construction contractors(office facilities only) Shared parking(joint use or park-once policy):An accounting for parking r Counseling services spaces that are available to more than one function.The requirement is based Court reporting services on a range of parking demand found in mature,mlxed-use centers.The shared » Detective agencies and similar services parking ratio varies according to multiple functions In close proximity unlikely » Design services including architecture, engineering, landscape to require the spaces at the same time. This approach to parking uses the architecture,urban planning following types of parking In combination to achieve a balanced and distributed » Educational,scientific and research organizations supply of parking:off-street(surface lots and garages),on-street(parallel and » Financial management and investment counseling diagonal). n Literary and talent agencies Shopkeeper: A unit that contains space on the ground floor for use and » Management and public relations services operation by a retail merchant or tradesman along with residential space on » Media postproduction services the upper floor(s)that can be occupied by the same shop operator or a different » News services resident. The residential and commercial components each have separate, u Photographers and photography studios dedicated entrances.See also'Live-Work' m Political campaign headquarters Shopfront:See'Frontage Types' » Psychologists » Secretarial, stenographic, word processing, and temporary clerical Single family dwelling.A residential building containing one ormorehabitable employee services rooms with only one kitchen, designed for occupancy by one independent u Security and commodity brokers household unitwith common access to,and common use of all living,kitchen » Writers and artists offices and bathroom areas. Paseo:a public place or path designed for walking;promenade, Stacked Dwellings:See'Building Types' Pedestrian-friendly:The practice of addressing the needs of people, once Stoop,See'Frontal Types' out of their automobiles,through a series of Interdependent urban design and streetscape principles(e.g.,wide sidewalks, street trees and shade,en-street Story:A habitable level within a building from finished floor to finished ceiling: parking,outdoor dining,inviting storefronts,the feeling of being In an'outdoor Attics and basements, as defined by the California Building Code(CBC)are room',short crosswalk distances,interconnected and short blocks). not considered a story for the purposes of determining building height and are subject to the applicable requirements of this code and the CBC, except for Personal services: Establishments providing non-medical services to when the finished floor level directly above a basement or cellar is more than Individuals as a primary use.Examples of these uses include: six feet above grade,such basement or cellar shall be considered a story. » Barber,nail salons and beauty shops Streetscape:The urban element that provides the major part of the public w Clothing rental realm as well as paved lanes for vehicles. A streetscape Is endowed with two N Dry cleaning pick-up stores with limited equipment attributes:capacity and context.Capacity Is the number of vehicles that can » Home electronics and small appliance repair move safely through a segment within a given time period. It Is physically » Locksmiths manifested by the number of lanes and their width,and by the curb radius. Pet grooming with no boarding studio:A workplace of one or more individuals who are engaged in the » Shoe repair shops production of art, such as fine and fiber arts, lithography, calligraphy, » Tailors photography, music,dance and the performing arts Galleries, not to exceed 50 percent of the floor area,are permitted as an ancillary use.Any regulated These uses may also Include accessory retail sales of products related to the use,as defined on Section 41-191 of the SAMC is not allowed. Uses meeting Services provided. the definition of artisan/craft product manufacturing shall be deemed an Personal services-restricted: Personal services that may tend to have a artisan/craft product manufacturing use. blighting and/or deteriorating effect upon surrounding areas and which may Tandem parking stall:Two or more parking spaces arranged one behind the need to he dispersed to minimize their adverse impacts. Examples of these other. uses include: Thoroughfare:A vehicular way incorporating moving lanes and parking lanes » Laundromats (self-service laundries), which shall comply with the (except alleys/lanes which have no parking lanes)within a right-of-way. development and performance standards set forth in Section 41-199 of the SAMC Traffic calming:A set of techniques which serves to reduce the speed of » Massage establishments(licensed,thorapeutic)as defined on Section traffic. Such strategies include lane-narrowing, on-street parking, chicanes, 41-1751.1 of the SAMC.Mgssac,�eestablishments shall comnlvwith Article yield points,sidewalk bulge-outs,speed bumps,surface variations,mid-block XVILI of Chapter41 of the SAMC. deflections,and visual clues.Traffic calming is a retrofit technique unnecessary » Pawnshops when thoroughfares are correctly designed for the appropriate speed at initial Planter: The layer of the streetscape which accommodates street trees. construction. Planters may be continuous or individual according to the Thoroughfare and location within the neighborhood. Transit-oriented development:Compact,higher intensity development that includes uses supportive to transit;i.e„residential uses that increase ridership Podium:A continuous raised platform supporting a building,er a large block and transit efficiency or commercial uses that serve transit users. Its structure of two or three stories beneath a multi-layer block of a smaller area, creates nodes at an efficient spacing for mass transit.These nodes are mixed- Porch:see'Frontage Types' use areas limited in extent by walking distance to the transit stop. Transition line:A horizontal line, the full width of a facade expressed by a Religious facility:see'Community Assembly' material change or by a continuous horizontal articulation such as a cornice Residential development: The addition of new residential units or the cr a balcony. conversion of apartments to condominiums. Tuck-Under Housing:See'Building Types' Residential unit:Any single-family home; any separate occupancy unit in Zaguan:A covered pedestrian passage between courts of one to two rooms in a two-family or multifamily dwelling building; any live-work unit; and any depth and one story in height, other structure designed for human occupancy which contains a kitchen. However,this excludes any other building or structure designed or intended to he occupied or used for business or commercial purposes, such as sleeping roams In hotels and motels without kitchens or kitchen facilities. Rowhouse:See'Building Types' October 2014 7-5 Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 71 of 75 Page ID #:137 TRANSIT ZONING CODE Uses Permitted Sec.41-2007.Uses Permitted. Table 2A-Use Standards (a)Allowable Land Use Types.A parcel or bul Id Ing within the Specific Development area shall _ .Permif Required.by Zone be occupied by only the land uses allowed by Land Use Type the table entitled Use Standards (hereinafter Use Standards Table)within the zone applied to UN-2 UN-1 the site by the Regulating Plan. Re erYo Key to Zone ym o s to eon ollowing page for zone description and use notations (b)Garage sales are allowed in compliance wlth Section 41-193. RESIDENTIAL _ (c)Temporary outdoor activities are allowed In __•- ••---••� -•--_ -_.._.__.�_. _ - compliance with Section 41-195.5. Live-Work Use/Joint living-working quarters P(2) P(2) P(2) P(2) CUP TrUP up (d) Youth amusement rides are permitted in Ls - µw-m m CUP CUP- CUP CUP- CUPL. W compliancewlth Section 41-366 for C1 districts. Single Dwelling N ^ry Y - m- _ -- µ- -„p ! P MulYl-Family Dwelhngs�•- -_ P(1)_ P(1) P(1)� -P(1)• " P `�.P� (e)Drive-through facilities shall not be permit- ..uI _..ellln �._.__ ... _. ted. Sec.41-2008.Operational Standards. RECREATION,EDUCATION AND ASSEMBLY (a) All property shall be maintained In a safe, 1 -Y CU . sanitaryand attractive condition Including,but Community assembly P(1) P(1) P(1) -P� CUP CUP not limited to,structures,landscaping,parkin Health/fitness facility P T_ P P P P - areas,walkways,and trash enclosures. Library, e_ �mAe-^^ __.. _- _ P(1} w _ P _ museum »_. _.__.____ W...�_ _ ___ P P P P P CUP (b) All business activities shall be conducted Schools _p(1) P(1) _ P CUP- CUP and located with In an enclosed bu ild Ing,except _....»...:_....-.".........�..__.,.._. _---- ..- - --- - 11 as allowed by Section 41-195 of he SAMC Studio Ate, _ e _ �•, P m P vP P�� -CUP- CUP and except that the following business activi- Theater,cinema or performing arts P P r v P P ties may be conducted outside of an enclosed ----_d•-.d."•= ---•___-. _ __- - -_•_ - _- - -' building: Commercial Recreation(lndoor) CUP CUP CUP (1) Newsstands (2) Flower Stands (c)There shall be no manufacturing,processing, compounding,assembling or treatment of any RETAIL material or product, other than that which Is ."•"""""""`_"'""`"""'"'"""""""'"'"-"""'•"`"`"",""'""."�"'_"`"'""""'"' ...__- dearlylncldentaltoaparticularretail and ser- General retail,except with anyofthefollowingfeatures P P PI �.P P(2) __ _..._ _ ....." ..__' vice general enterprise,and where such goods -Eating l _.-..,� _ �A - '.e' g Floor area over 20,400 per tenant CUP CUP P --- CUP --- are sold an the premises. ...".-----:_-,.r.._..__..... establishments P P P P P(2)(d)There shall be no work Inside of a structure --- --- rvice that generates nose that exceeds 60 dB CNEL Auto ormoYorvehidese ,• -.,_WYu-...�.me_� ._��.__-"• measured at the exterior wall of the unit, (e)Storage of goods and supplies shall be lim- Ited to those sold at retail on the premises or utilized In the course of business. SERVICE GENERAL (f) Public utility structures, Including electric Banquet facillty/catering-sub.to41.199.1(a)through(dl_ CUP CUP CUP CUP(1) -- Y� distribution and transmission substations shall Child day care-more than 8 and up to 14 children P(3) ^P(3) _ P P LUC(2) LUC be screened by a solid wall at least eight(8)feet ---•-------'--"'-"-"'�""-"""""�'-��'�""""'-"' -"""""" "'� high, except as restricted by Sections 36-45, Child day care center P(3)- P(3) P P CUP CUP 36-46,and 36-47. Adult day care center-subject to 41.199.22 of the SAMC P(3) P(3) p P P --- (g) Any activity permitted shall be conducted Hotel,excl.transient residential hotel and long term stay _ P _ ..P P W _-P s - - In such a manner as not to have a detrimental Mortuaries,funeral homes -- --- CUP P� --- effect on permitted adjacent uses by reason of -- - - ------ --�-� " refuse matter,noise,light,or vibration. Personal services _M _......_®_�_�._..m_._.......�._ P _P P-_ .wP .P(2) P(2) Personal services-restricted --- --- CUP CUP CUP --- (h) Small scale industry uses shall require a Tattoo/Body Art Establishments-subject to41.1993oF ----_ _ soild wall or fence not less than eight(8)feet In P P P P the SAMC heightalong any rear or side lot line. _..__._ m,..._____.u.._...»....... :..........._.____..._..®�...__.-.. __.._._..._.....,_._,...... ._.._....... .m.:_.-.. __�.._..__._.�_._.__... (i)All business activities,Including,but not lim- ited to,compounding,processing,packaging or assembly of articles of merchandise and treat- ment of products shall be conducted within a completely enclosed building. No ancillary vehicle maintenance or repair shall be allowed on site, (j) Loading areas shall not be visible from streets. Loading areas not facing a street shall be setback at least thirty-five(35)feet from the property line. 2:3 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 34 EXHIBIT B City of Santa Ana,California Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 72 of 76 Page 1D #:138 Uses Peemitted,cont'd TWe 2A-Use Standards Permit Required by Zone (k) No business activity that generates noise or Land Use Type vSb vat ion shall be conducted between 8:00 p.m.and UC R°' UN-2 UN-1 7:00 a.m.Monday through Friday and 8:00 p.m,and 10:00 a.m.Saturday and Sunday. (1)Operational standards for automobile servicing. SER VICES-B US INES S-FINANCIAL-PRO F ESS IONAL r ----- - -- - - -- --- -w- - r (1) No automobile servicing shalt be con- 4Rank,financial services P P P I P ducted before 7:00 a.m, or after Be00 p.m. Buslnesssupportservlce --^ � _mm Monday through Friday and before 10:00 P P P P P(2) P(2) a.m.or after 13:00 p.m.Satruday and Sunday, Doctor,deent care ..---'-.-- -_.._ Cllnic,urg --- --- CUP P --- --- A�... ..__.-_---_, _____�.--__-_.__- (2) All work shall be conducted Inside an cto ntlst,chiropractor,etc,office PO) W) P{1) P -- enclosed structure. Extended care , _,P .,P P P �.._CUP. (3)Outdoor or overnight vehicle storage Is not Professional/administrative/service office -P(1} P(1) M P(1} - ~P P(2) P(2) permitted. .�..,,,. _.._, .... .. _ SMALL SCALE INDUSTRY Artisan/craft product manufacturing CUP YCUP CUP CUP --- Furniture and fixture manufacturing,cabinet shop P(3)- --- ®P(3) Laboratory-medical-analytical .. _ m,m - P(1)W z P(1) P - --- Manufacturing-IIghY P(3) - P(3) y-- CUP- --- Media production-office or storefront type(no sound stage) P P P(1) --- -- --- Printing and publishing P{1} P Research and development--YWW1_ P(3) --- _P(3) -a- CUP -- TRANSPORTATION,COMMUNICATION, INFRASTRUCTURE Heil5tops �������•�y�®���� -CUP CUP — -- -F�- � _- Parking facility-public or commercial TTT._. _ _ ... p._ P P P Transit station or terminal CUP -- -- CUP --- --- Public utility structure,excluding wireless comunica- �_- _ __- --_ CUP �--- tion facilities MISCELLANEOUS Any structure over four(4)stories in height _ SPR SPR SPR_ SPR SPR m --- Businesses operating between 12 and 7 am _ CUP CUP CUP vCUP aCUP CUPm Alcoholic beverage sales or consumption CUP CUP _ CUP -CUP CUP --_ Key to Zone Symbols TransitVlliage_____ Corridor -__ Downtown UN-2 Urban Neighborhood 2 i Urban Center UN-1 Urban Neighborhood 1 Key P use is permitted subject to compliance with all appli- (1)Use permitted only an second or cable provisions the Santa Ana Municipal Cade upper floors,or behind retail or ser- vice ground floor use. LUC use Is permitted subject to the approval of a Land Use Certificate. (2) Permitted only as part of a vertical mixed use project,with upper floor CUP use is permitted subject to the approval of a residential Conditional Use Permit. (3) Permitted only as part of a mixed use SPR use is permitted subject to the approval of Site Plan project with a commercial or res)den- Review. tial component --use not permitted In particular zones. TRANSIT ZONING CODE 2:4 SPECIFIC DEVELOPMENT 84 City of Santa Ana,California Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 73 of 76 Page ID #J39 TRANSIT ZONING CODE: l]efinition5,cont'd. Light Manufacturing: The manufacture or assembly of products from previously Paseo:a public place or path designed for walking;promenade. treated material where no impact is created to the adjacent uses and no hazardous materials are used in the production of such products. The maximum number of Pedestrian First:The practice of addressing the needs of people,once out of their employees shall be 10. Examples of light manufacturing include: automobiles, through a series of interdependent urban design and streetscape principles(e.g.,wide sidewalks,street trees and shade,on-street parking,outdoor athletic equipment dining,inviting storefronts,the feeling of being in an`outdoor room',short cross- bakeries walk distances,interconnected and short blocks). camera,photo equipment clothing Pedestrian Shed:An area defined by the average distance that may be traversed at electronics an easy pace from its edge to its center in approximately 5 minutes. This distance musical instruments is used to determine the size of a neighborhood. This dimension averages one optical goods quarter of a mile or approximately 1,400 feet for generally flat terrain, woodworking(limited) Personal Services: Establishments providing non-medical services to individuals Lined Block:See'Building Types' as a primary use. Examples of these uses include: Live/Work:See'Building Types' barber,nail salons and beauty shops clothing rental Lot Width:The frontage of a parcel whichan is used to identify the parcel for street dry cleaning pick stores with limited equipment address purposes. home electronics and small appliance repair locksmiths Media production:An establishment dedicated to the production ofvisual pet rooms s with no boarding shoeg repair shops and audio mass media,including television,films,videos,video games, tailors mobile devices,Internet and digital Interactive media,but excludes magazines, These uses may also include accessory retail sales of products related to the ser- newspapers,and periodicals. vices provided. Mixed-Use Building:A structure lawfully containing residential and non-residential Personal Services-Restricted: Personal services that may tend to have a blighting uses, and/or deteriorating effect upon surrounding areas and which may need to be dis- persed to minimize their adverse impacts. Examples ofthese uses include: Multi-Family Builcing:A residential structure lawfully containing two or more dwell- laundromats(self-service laundries). Laundromats shall complywith the level- ing units. opment and performance standards set forth in Section 41-199. massage establishments(licensed,therapeutic)as defined on Section Net Developable Area:The private area defined by blocks which is not to remain 41.1751.1 ofthe SAMC Massageestabliahments shrill cornulv with Article XVfLI for public uses such as Plazas,Greens,Squares,Thoroughfares or Streetscapes. ofChai41 of the SA2v1C. Office: These do not include medical offices(see Clinic,Urgent Care,"and"Doctor, Pawnshops dentist,chiropractor,etc,office.") Planter:The layer of the streetscape which accommodates street trees. Planters may be continuous or individual according to the Thoroughfare and location within 1, Service. Establishments providing direct services to consumers. Examples the neighborhood. ofthese uses include employment agencies,insurance agent offices,real estate offices,travel agencies, utility company offices,elected official satellite offices, Podium: A continuous raised platform supporting a building,or a large block of etc. This use does not include"Bank, Financial Services,"which is separately two or three stories beneath a multi-layer block of a smaller area. defined. Porch:see'Frontage Types' 2. Administrative. Office-type facilities characterized by high employee densi- ties,and occupied by businesses engaged in information processing,and other private Frontage:The privately held layer between the frontage line and the prin- computer-dependent or telecommunications-based activities. Examples of cipal building facade. The structures and landscaping within are held to specific these uses include: standards. The variables of Private Frontage are the depth of the setback and the airline, lodging chain, and rental car company reservation centers, not combination of architectural elements such as fences,stoops,porches and galler- including retail travel agencies ies. These elements influence social behavior in the public realm. The Frontage computer software and hardware design and development layer may overlap the public streetscape in the case of awnings, Galleries and consumer credit reporting Arcades. data processing services health management organization(HMO)offices where no medical services Research and Development: A quasi-industrial facility where creative work is are provided undertaken on a systematic basis in order to increase the stock of knowledge gen- insurance claim processing erally in the fields of medicine,scientific instruments,safety-critical mechanism or mail order and electronic commerce transaction processing high technology. These facilities may include pilot plant operations as an ancillary telecommunications facility design and management use,which shall not exceed 25 percent of the floor area. A facility providing full telemarketing scale production shall be deemed a manufacturing use. 3, Professional. Office-type facilities occupied by businesses that provide Rowhouse:See`Building Types' professional services,or are engaged in the production of intellectual property. Examples of these uses include: Setback:The area of a lot measured from a lot line to a building facade or elevation accounting,auditing and bookkeeping services that must be maintained clear of permanent structures excepting galleries,fences, advertising agencies garden walls,arcades,porches,stoops,balconies,baywindows,and terraces which attorneys are permitted to encroach into the setback subject to the standards established in business associations,chambers cf commerce Division 3 of this Article. commercial art and design services construction contractors(office facilities only) Shared Parking(Park-Once Policy):An accountingfor parking spaces that are avail- counseling services able to more than one function. The requirement is based on a range of parking- court reporting services demand found in mature, mixed-use centers. The Shared Parking ratio varies detective agencies and similar services according to multiple functions in close proximity unlikely to require the spaces design services including architecture,engineering,landscape architce at the same time. This approach to parking uses the following types of parking ture,urban planning in combination to achieve a balanced and distributed supply of parking;off-street educational,scientific and research organizations (surface lots and garages),on-street(parallel and diagonal). financial management and investment counseling literary and talent agencies Shopfront:see'Frontage Types' management and public relations services media postproduction services Stacked Dwellings:See'Building Types' news services photographers and photography studios Stoop:see`Frontage Types' political campaign headquarters psychologists Story:A habitable level within a building from finished floor to finished ceiling: secretarial,stenographic,word processing,and temporary clerical Attics and basements, as defined by the California Building Cade (CBC) are not employee services considered a story for the purposes of determining building height and are sub- security and commodity brokers ject to the applicable requirements of this code and the CBC,except for when the writers and artists offices finished floor level directly above a basement or cellar is more than six feet above grade,such basement or cellar shall be considered a story. 7;3 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT A4 City of Santa Ana,California Case 8,23-cv-00604 Document 1-3 Piled 03/20/23 Page 74 of 76 Page ID #;140 EXHIBIT C 4.1 LAND USES The MEMU Overlay Zone sets forth specific uses to made by the Executive Director of Planning that the be allowed within each district, as shown in Table 3, proposed use is compatible with the overall intent and subject to a MEMU Site Plan Review approval by the character of the MEMU Overlay Zone as specified in Planning Commission. Any use that is not specified as Section 41-601(c) of the Santa Ana Municipal Code permitted or conditionally permitted within the MEMU (SAMC). Overlay Zone is prohibited unless a determination is a_ ® e .• e x C om .a of Special Provisions(references to other 0:1C a applicable code sections or 2 e o O limitations) z� > a Residential Uses Live/Work Units P P P N Subject to Sec.4.1.2 of this division Multiple-Family Residential P P P N Subject to Sec.4.1.3 of this division Non-Residential Uses Art galleries and studios including,but not limited to: photography;fine art;fiber art,printing,lithography,and P P P P calligraphy;ceramic and pottery;glass blowing and sculpting Eating establishments,(cafes,restaurants) P P P P CUP for liquor sales,after hours operation Bakeries P P P P Retail and Service uses P P P P Medical and Dental offices P P P P Professional,administrative and business offices P P P P Child care faclliiles Dovcore centers P P P P Gymnasiums and health clubs N P P CUP Hotels N P P CUP Indoor/outdoor entertainment N P P P As defined in Chapter 41 of the SAMC Religious institutions CUP CUP CUP CUP Schools N P P N Message estabEshments N CUP CUP N Suhieci to Article XVII.I of Chapter 41 of the SAMC Tattoo establishments N P P N Subject to Sec.41-199.3 of the SAMC Temporary outdoor activities LUC LUC LUC LUC I Subjectto Sec.41-195.5 ofthe SAMC Theaters and cinemas N P P P Use/Operational Standards Drive through establishments N N N N -Q-Se'o oneI„ 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page '75 of 76 Page ID #141 OW CITY OF SANT'A ANA Planning and Building Agency - 20 Civic Center Plaza.P.O.Box 1988 Santa Ana,Cal'lfornia 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF SANTA ANA, CA. The City of Santa Ana encourages the public to participate in the decision-making process. The following notice is being provided so that you can ask questions, make comments and stay informed about projects that might be important to you. We encourage you to contact us prior to the Public Hearing if you have any questions. NOTICE IS HEREBY GIVEN -The City Council of the City of Santa Ana will hold a public hearing to receive public testimony and will take action on the item described below. Proposed Action: Adopt an ordinance approving Zoning Ordinance Amendment No. 2022-03 to update various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) related to family daycare, regional planned sign program regulations, massage establishments, medical offices operated in the professional zone, retail uses in industrial zones, trash bin enclosures, Urban Lot Split and Two-Unit Developments standards, various use definitions, regulation of noxious uses, regulation of electric fences, synthetic turf, and clarifications to permitting standards for light processing facilities. Environmental Impact: Pursuant to the California Environmental Quality Act ("CEQA") and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to sections 15061(b)(3) and 15061(b)(5) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment. As a result Environmental Review No. 2022-73 will be filed upon adoption of this ordinance. Meeting Details: This matter will be heard on Tuesday, January 17, 2023, at 5:45 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.or /cc/city-meetings. Written Comments: If you do not wish to appear at the public hearing, you may also send your written comments to the Clerk of the Council, by mail to City of Santa Ana, 20 Civic Center Plaza — M30, Santa Ana, CA 92701 or via e-mail at ecomments Santa-ana.or (reference "City Council meeting") by 12:0.0 p.m. on Monday, the day before the meeting; a-mails received after said time will be on file for public viewing the day after the meeting. Where To Get More Information: All staff reports regarding any item on this agenda are available for public inspection in the Clerk of the Council Office during regular business hours and posted on the City's website the Tuesday before a Council meeting at: https://www.santa- ana.orqlcc/city-me tin s. Case 8:23-cv-00504 Document 1-3 Filed 03/20/23 Page 76 of 76 Page ID #A42 Who To Contact For Questions: Should you have any questions, please contact Ricardo Soto with the Planning and Building Agency by phone at (714) 667-2793 or by email at RSotoCcDsanta- ana.org. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas on espanol, favor de Ilamar a Kelly Arcadia-Tajonar all (714) 647-5881. Neu can lien lac bang tieng Vi6t, An dien thoai cho Tony Lai so- (714) 565-2627. Norma Orozco Acting Clerk of the Council Publish Orange County Reporter- Legals Section; Date: January 6, 2023 Case 8:23-cv-00504 Document 1-4 Filed 03/20/23 Page 1 of 10 Page ID #:143 Exhibit Case 8:23-cv-00504 Document 1-4 Filed 03/20/23 Page 2 of 10 Page ID #:144 February 8, 2023 Via Hand Delivery hare Han. Valerie Amezcua, Mayor Our Hon. Members of City Council Selves Ms. Normal Orozco, City Clerk City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Re: Proposed Ordinance 2022-03 Dear Mayor, Members of the Council, and Ms. Clerk, I currently serve as the chairperson of the board of directors of Share Our Selves ('SOS"). On behalf of SOS, and medical providers impacted by this matter, I would respectfully request that the City Council not proceed today to provide final approval of Ordinance 2022-03 (the "Ordinance"). For the reasons stated below, we at SOS believe that the Ordinance is flawed and needs to be sent back to staff for further review and revision to eliminate its unfair and discriminatory treatment of federally funded, non-profit community health centers, such as SOS and the predominantly Hispanic and Latino individuals it serves in Santa Ana. In this regard, I would kindly ask that the public hearing on the Ordinance be reopened so that I and others supporting SOS be allowed a meaningful opportunity to present our concerns regarding the Ordinance to the Council. As explained below, SOS does not believe that the public notice for the Ordinance was adequate because, among other things, the notice did not alert either non-profit or for-profit medical offices in the City's Professional district that they might be considered to be "government-subsidized" entities that would be subject to the new CUP requirement in the Ordinance if they accepted any federal funds for treating patients on Medicare, for example. We believe that, if that message had been communicated to the public at large, there would have been a lot more people speaking in opposition to the Ordinance on January 17, 2023. As it was, not a single person from the public spoke either in favor of or in opposition to the Ordinance on January 17. That underscores the fact the notice was deficient and helps to explain why representatives of SOS were not in attendance at the hearing on the 17th. Although we believe that the Ordinance should be reworked to eliminate the deficiencies listed below, it should, at a minimum, be clarified to provide that it will not Case 8:23-cv-00504 Document 1-4 Filed 03/2.0/23 Page 3 of 10 Page ID #:145 apply to any planning application that has been submitted before the Ordinance takes effect, such as the Major Remode[Application (the "Application") that SOS's working partner, Turner Healthcare Facilities Acquisition LL.0 ("Turner"), initially submitted to the City on December 22, 2022, and then resubmitted on February 6, 2023, relating to the proposed remodeling of the commercial office building located at 2670 North Main Street in Santa Ana (the "Property") to provide SOS with a new, expanded outpatient clinic (the "Project"). Unless the Ordinance is clarified so that Turner's Application is grandfathered in, and the.new CUP requirement for government-subsidized, non-profit medical offices will not apply to that Application, the benefits of the Project will be lost because the seller of the Property is not willing to provide additional extensions of time to close escrow on the purchase of the Property for the time that it will flake to obtain a CUP for the Project. To lose the Project--which will bring $34 million in construction jobs and resources into the City and will generate at least 120 permanent jobs at the new clinic---would be a tragic outcome for SOS, the City, and its residents, Over the past year, from March 2022 to the present, Turner and SOS have spent hundreds of hours and hundreds of thousands of dollars in preparing plans and meeting with City staff regarding the Project. Now, however, the very life of the Project hangs in the balance and SOS implores the Council to save the Project by either sending the Ordinance back to staff to be revised or clarifying that the Ordinance, in its present farm, will not apply to Turner's Application relating to the Project. Facts Regarding SOS And Its Status As A Regulated Acient of the Federal Government. SOS is a non-profit corporation and community health center that was founded in 1978 for the express purpose of implementing the Directives of the Catholic Bishops of the United States in offering a broad spectrum of services and resources to help those in need. For the past 53 years, has delivered high-quality, accessible, and affordable health care services to individuals and families throughout Orange County. In 201.2, SOS was designated as a Federally Qualified Health Center("FQHC") and it currently provides health services to children, adults, and seniors as well as comprehensive care at its four medical locations in Costa Mesa, Santa.Ana, Mission Viejo, and Newport Beach. For the last 13 years, SOS has been serving the Santa Ana community at its FI Sol Wellness Center located at 1014 North Broadway. Last year in Orange County, SOS provided care to over 14,000 unique patients in connection with approximately 43,000 medical and dental visits. Share Our Selves 2 1 P a g e Case 8:23-cv-00504 Document 1-4 Filed 03/20/23 Page 4 of 10 Page 1D #:146 Of the patients served by SOS, over 79% are of racial and/or ethnic minority backgrounds. 67% percent identify as Hispanic or Latino, 97% percent of SOS' patients are at or below 200% of the Federal Poverty Guideline, while 53% are at or below 100% of the Federal Poverty Guideline. Additionally, 57%of patients are covered by Medi-Cal and/or Medicare, and 24% of the patient population is uninsured. FQHCs are regulated by the Health Resources and Services Administration ("HRSA) of the United States Government. FQHCs receive an annual grant from HRSA for each approved site at which services are provided. In addition, FQHCs receive a higher reimbursement rate for seeing Medicaid (MediCal) patients than do hospitals, non-FQHCs, or practitioners. In exchange for the HRSA grant and higher reimbursement rate, FQHCs must provide cradle to grave primary care services and must accept all patients regardless of insurance status or ability to pay. F"QHC's are also required to establish "sliding scale" fees for uninsured patients based on an assessment of the patient's income relative to federally adjusted poverty line which takes into consideration the size of the individual's household among other factors. FQHCs are required to charge at least a"nominal fee" regardless of how low an individual's income may be_ The Public Health Service Act provides that eligible community health centers and their employees are employees of the federal Public Health Service ("PHS") for certain purposes. The Secretary of Health and Human Services deems a community health center to be a PH employee after the center has qualified for certain federal assistance. Once a community health center is deemed a PHS employee, it enjoys immunity from those acts that relate to its employment, and any actions against it are treated as actions against the United States. Furthermore, for an FQHC receiving funds under 42 U.S.C. § 254b, any officer, governing board member, or employee of such an entity . . . shall be deemed to be an employee of the Public Health Service for purposes such as immunity from liability for medical malpractice, etc. There is, therefore, a direct agency relationship between FQHCs, such as SOS, and the federal government. An Ordinance being considered for adoption by the Council would interfere and conflict with the accomplishment and execution of the full purposes and objectives of Congress, particularly with respect to providing health care to underserved populations. This fact alone presents serious issues concerning the Ordinance. Facts Regard in SOS's Proposed Expansion Proiect. Share Our Selves 3 1 P a g e Case 8:23-cv-00504 Document 1-4 Filed 03/20/23 Page 5 of 10 Page ID #:147 In the fail of 2021, SUS identified significant unmet need for its services in Santa Ana, where it currently operates the El Sol Wellness Center on Broadway. Given the unmet demand, SOS decided to expand its outpatient clinic capacity by replacing its existing facility with a larger one. In February 2022, Turner and SOS signed a Term Sheet outlining the business terms for a longterm "triple net" lease of the Property to SOS as the tenant to operate a healthcare facility. In March 2022, Turner entered into a purchase and sale agreement to acquire the Property and to lease it to SOS upon approval of remodeling plans by the City. The intended lease between Turner and SOS would include a purchase option which would provide SOS with the right to purchase Turner's interest in the Property. The Property is improved with an 18% occupied three-story, 44,066 square foot commercial office building with 139 surface-parking spaces. The proposed Project involves interior tenant improvements to accommodate medical office uses, including primary care, dental, vision, and pharmacy services. The Property is located in Zone P: Professional, which, according to the January 17, 2023 Staff Report for the Ordinance allows for-profit medical offices "lay right," The Unintended Tho Ordinance, . �@t Seriou� Cc��sr�quencea Of,,,,,,,._ The City has not given due consideration to the implications and potential consequences of the Ordinance. First, on its face, the Ordinance purports to subject medical offices operated by"government entities," i.e., by the United States Government or the State .of California, to the City's zoning regulations, but the use of land owned by the U.S; or any state, such California, is never subject to the land use regulations of a city or county. This protection also extends to the agents of state and federal governments that are.directly implementing the goals, objectives, and programs of such governments. Secondly, the Ordinance purports to require a CUP for any medical offices that are operated by any entities that the Ordinance refers to by the overly-broad and vague term "government-subsidized." As such, any medical office that accepts Medicare, Medicaid, Medl-Cal, or government=subsidized insurance would appear to qualify as a "government-subsidized"entity under the current language of the Ordinance. The same would be true of any office that accepted any PPP loans, any Small Business Association loans, any government subsidized malpractice insurance, or any other Kind of grants or loans from the state or federal governments. Unless they were willing to apply for a CUP, the Ordinance would essentially prevent and discourage the owners of any for-profit medical offices in the Professional Share Our Selves 4 1 P a g e Case 8:23-cv-00504 Document 1-4 Filed 03120I23 Page 6 of 10 Page ID #:148 district from applying for or accepting these sorts of grants or subsidized loans, or from accepting payment from patients eligible for Medicare, Medicaid, Medi-Cal, or state subsidized insurance, Since it is hard to imagine that there are any medical offices in the P district that do not accept at least one of these forms of government subsidies, the Ordinance as currently drafted would have an immediate and devastating impact can the ability of medical offices in Santa Ana to serve the City's residents, particularly senior citizens. This would appear to be one of the many"unintended consequences" of approving the Ordinance and it clearly requires the Ordinance to be sent back to staff for further review and revision. Indeed, in the spreadsheet on page 3 of the January 17, 2023 Staff Report for the Ordinance, it appears that staff intended to distinguish between for-profit and non-profit medical offices and did not anticipate that the CUP requirement would apply to for-profit medical offices simply because they might, for example, serve patients covered by Medicare. This ambiguity caused by the vague language of the Ordinance is fatal to its enforcement, and the Ordinance needs to be sent back for further analysis and resolution_ Moreover, because the Ordinance as presently drafted could potentially sweep in all medical offices and discourage them from receiving federal subsidies in order to avoid the CUP requirement, the Ordinance would impermissibly frustrate the purpose of the various state and federal government programs that provide all these farms of financial assistance. This Ordinance will likely have even more severe consequences that the City has not considered. Notably, the City receives millions of dollars of government grants and subsidies; The Staff Report and City Council discussions to date have not considered whether or not explicit discrimination against government medical programs might jeopardize the funding that the City receives itself. SOS submits that, when state and federal agencies learn that the City is directly interfering with the implementation of their health and welfare programs, they may withheld andlor cancel any more funds provided to the City. Additional Deficiencies Invalidating the Ordinance. In addition to the infirmities discussed above, the Ordinance is subject to the following deficiencies that render the Ordinance invalid: 1. Without any rational basis, the Ordinance unlawfully discriminates between for- profit and non-profit medical offices, allowing the former to operate "by right," but requiring the latter to apply for a discretionary CUP which could be denied following a Share Our Selves 6 1 P a g e Case 8:23-cv-00504 Document 1-4 Filed 03I20123 Page 7 of 10 Page ID #:149 public hearing. As such, the Ordinance violates the equal protection clauses of both the U.S. and California Constitutions to the extent that it discriminates between similarly- situated medical offices (for-profit and non-profit) for the illegitimate purpose of regulating how, when, and where non-profit FQHC's, like SOS, can serve poor and homeless minority clients. 2. The Ordinance's unequal treatment of for-profit and non-profit medical offices clearly shows that the ordinance improperly targets the client base served by non-profit entities like SOS. A neutral law found to have a disproportionately adverse effect upon a minority classification will be deemed unconstitutional if that impact can be traced to a discriminatory purpose, i.e., an intent to discriminate against a. particular individual or class of individuals. Discrimination that involves a suspect class requires the City to show a compelling governmental interest to justify such action and the Ordinance points to no such interest. 3. City staff has publicly reported to the Council that the reason for requiring a non- profit medical office to obtain a CUP is so that the City can "ensure that the location and operation of such facilities are compatible with the scale, character, and nature of surrounding properties and neighborhoods." Obviously, the City does not feel that for- profit medical offices raise the same kinds of concerns and thus such businesses do not need to apply for a CUP. The clear implication, therefore, is that non-profit medical offices tend to attract a certain type of"clientele" that the City views as not being "compatible"with "character" of surrounding neighborhoods. That implication has racial and ethnic overtones, considering that the clients that would potentially be served by SUS at the new location in Santa Ana would be mainly persons identifying as Hispanic/Latino; African-American, or other ethnic minorities. Those overtones, in turn, would constitute invidious discrimination in violation of the U.S. and California Constitutions, 4. As a community health center, SOS is one of the intended beneficiaries of a multi-million, multi-year grant from the U.S. Department of Health and Human Services, Office of Minority Health for"Advancing Health Literacy to Enhance Equitable Community Responses to COVID-10." The City also receives funds from the federal government relating to various federal programs, including, but not limited to, the Community Development Block Grant Program, and the Home Investment Partnerships Program. The express terms of these federal grants, as well as other federal laws, including 42 USC §2000d ("Title VI") and the Civil Rights Remedies Equalization Act Share Our Selves 6 1 p a g e Case 8:23-cv-00504 Document 1-4 Filed 03/20/23 Page 8 of 10 Page ID #:150 prohibit the City, as a recipient of federal funding, from engaging in discriminatory conduct. The Ordinance is discriminatory on its face in that it subjects FQHCs, like SOS, to unlawful disparate treatment based on the fact that it primarily serves racial and ethnic minority patients. In.that regard, the Ordinance is also discriminatory in that it will have a disparate impact on such racial and ethnic minority populations served by SOS. 5. A local police power ordinance is invalid if it is arbitrary, discriminatory, unreasonable, oppressive, not substantially related to the public health, safety or welfare or only marginally serves legitimate purposes while infringing on personal interests protected under due'process standards_ Federal and state law provides that cities and counties may not, gnder the guise of the police power, impose restrictions that are unnecessary and unreasonable upon the use of private property or the pursuit of useful activities. Given that the operation and control of FQHCs are legitimate activities in which the federal and state have a considerable interest, the City's unilateral efforts to restrict those activities pursuant to the Ordinance is an improper exercise of its police power and amounts to bad faith. 6. The Ordinance impermissibly discriminates on the basis of disability and violates the Americans with Disability Act in at least three ways: (a) by distinguishing between medical offices specializing in treatment of addiction and all other forms of medical treatment, and imposing special burdens on medical treatment for addiction not applicable to other forms of medical treatment, (b) by preventing disabled individuals who, due to their disability, are reliant on government or charitable assistance from accessing health care on the same terms and in the same medical offices as other patients, and (c) by effectively prohibiting medical offices that have not obtained CUPS from assisting disabled patients who, due to their disability, are reliant on government subsidized forms of payment. 7. The Ordinance impermissibly discriminates on the basis of age, because individuals over 65 qualify for Medicare, and the Ordinance imposes special burdens on facilities that will accept Medicare payments, and prevents medical offices that have not obtained a CUP from serving patients paying through Medicare (i.e. virtually everyone over 65). Share Our Selves 7 l P a 0 e ,r Case 8:23-cv-00504 Document 1.-4 Filed 03/20/23 Page 9 of 10 Page ID #:1.51 8. The Ordinance impermissibly discriminates on the basis of source of payment, and is subject to state and federal preemption, because there are numerous state and federal statutes and regulations forbidding payment discrimination in health care contexts, establishing a clear public policy against source of payment discrimination This gives rise to unlawful discrimination under the U.S, and California Constitutions, as well as state and federal statutes. 9. The Ordinance is internally inconsistent and violates CEQA. Specifically, the Ordinance relies on Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a"project", as defined in Section 15378 of the CEQA Guidelines. However, contrary to these conclusions, the Staff Report for the ordinance indicates that the changes are intended to"create a user friendly environment," and recognizes that the changes duplicate those made in the City's 12/20/2022 Urgency Ordinance. The Staff Report for that ordinance explained that the changes were required to "address current and immediate threats to the public health, safety, or welfare," and that the absence of a conditional use permit requirement for government and philanthropic medical offices "hinder the City's ability to [...I implement a regulatory land use and development framework to promote the health, safety, and the general welfare of the residents of Santa Ana." The Staff Report then explicitly acknowledges the fact that this portion of the ordinance will have an impact on the environment: "The proposed ordinance establishes a decision-making process for the City to identify, evaluate, regulate, address, and reduce the potential impact to the built environment stemming from these land uses." These admissions by the City belie the notion that the Ordinance will not result in any foreseeable direct or indirect physical changes in the environment and preclude the use of the CEQA exemptions relied upon by the City. 10. The Ordinance is a violation of due process and equal protection and freedom of association under the U.S. and California Constitutions in that it impermissibly discriminates (a) against FQHCs and their patients on the basis of homelessness, income, source of income, and reliance on government or charitable assistance and (b) against entities providing medical services on the basis of non-profit status, philanthropic purpose, and receipt of government subsidies. Share Our Selves 8 1 P a g e Case 8:23-cv-00504 Document 1-4 Piled 03/20/23 Page 10 of 10 Page ID #:152 11. The public notice for the first reading of the Ordinance was defective in that it constituted a denial of due process and violated applicable provisions of the Government Code because, among other things, the notice did not reference the Planning Commission's recommendation regarding the Ordinance, diet not indicate the staff was recommending additional changes not included in that recommendation, did not provide any hint or suggestion that non-profit medical offices were going to be treated differently than for-profit medical offices or that for-profit offices might be subject to the Ordinance if they accepted any federal subsidies or reimbursements, and, most importantly, the notice did not indicate that applications that had been duly submitted before the Ordinance took effect were not going to be grandfathered in which is the normal custom and practice with new zoning ordinances. Conclusion. In light of the above-listed problems underlying the Ordinance, SOS respectfully requests that Ordinance either be sent back to staff to cure its deficiencies or that it at least be clarified so that it will not apply to Turner's Application. Thank you. Ernest W. ("Will") Klatte Chair, SOS Board of Directors Share Our Selves 9 P e g e Case 8:23-cv-00504 Document 1-5 Filed 03/20/23 Page 1 of 2 Page Ill #:153 Exhibit Case 8:23-cv-00504 Document 1-5 Filed 03/20/23 Page 2 of 2 Page ID#:154 Sec. 41-313.5. - Uses subject to a conditional use permit in the P district. The following may be permitted in the P district, subject to the issuance of a conditional use permit: a. Convalescent hospitals, nursing homes, rest homes and extended care facilities. b. Hospitals. c. Trade and professional schools. d. Health clubs and gymnasiums. e. Recreational or entertainment uses if carried on in conjunction with any of the uses specified in clauses (e), (f) and (k) of section 41-313. f. Ambulance and emergency medical response services. g. Non-freestanding commercial and service uses which are open at anytime between the hours of 12:00 midnight and 5:00 a.m., provided that such uses also meet the standards for commercial and service uses permitted under.section 41-�13, and further provided that such uses have less than twenty thousand (20,000) square feet of floor area. h. Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty(150)feet of residentially zoned or used property, measured from property line to property line. i. Banquet facilities, subject to development and operational standards set forth in section 41- 199.1. j. Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. k. Adult day care facilities, I. Clubs, fraternities and lodges. m. Bail bond uses, subject to development and operation standards set forth in section 41-323. in. Churches and accessory church buildings. o. Parking lots and parking structures subject to compliance with the requirements of Section 41-324. p. Medical offices operated by government, government-subsidized, not-for-profit, or philanthropic entities. (Ord. No. NS-1732, § 20, 6-25-84; Ord. No. NS-2035, § 2, 11-20-89; Ord. No. NS-2296, § 2, 10-7-96; Ord. No. NS-2445, § 4, 9-18-00; Ord, No. NS-2446, § 13, 9-18-00; Ord. No. NS-2473, § 4, 6-18-01; Ord. No. NS-2661, §4, 9-20-04; Ord. No. NS-2938 § 3 2-20-18 ; Ord. No. NS-2987 , § 4, 4-21-20; Ord. No. NS-3035 , § 8, 12-20-22) Case 8:23-cu-00504 Document 1-6 Filed 03/20/23 Page 1 of 3 Page ID #:155 Exh * bi lt Case 8:23-cv-00504 Document 1-6 Filed 03/20/23 Page 2 of 3 Page lD #:156 Dou Hedelnkamp From: Pezeshkpour,Ali <APezeshkpour@santa-ana.org> Sent: Wednesday, February 8, 2023 8:05 AM To: Kate Hirsh Cc: Matsler, Sean; Paul Simonds Subject: RE: 2670 N. Main Street- Major Remodel Application [External Sender] Hi Kate, Thank I you for your , ur email.The urgency Y Y g y ordinance remains in effect, as the Clty s charter provides that such ordinances take immediate and lasting effect.Therefore,the development project and conditional use permit processes are still applicable to the subject project. If you'd like me to resend that information, please let me know. Thank you, Ali Pezeshlcpour,AICP Planning Manager,Planning Division City of Santa Ana I Planning and Building Agency(M-20) r t 20 Civic Center Plaza I P.O.Box 1988 I Santa Ana,CA 92702 , x (714)647-58821 APezeshkpour@santa-ana.org I (He/Him/His) The mySantaAna mobile app puts the power of the Santa Ana city government in the palm of your hand! The free app allows residents to quickly and easily report issues to the City, access City services, and find news and events. Download the App: Click here to report an issue directly from the City website. From: Kate Hirsh <khirsh@turnerimpact.com> Sent: Monday, February 6, 2023 9:47 AM To: Pezeshkpour,Ali<APezeshkpour@santa-ana.org> Cc: Matsler, Sean<SMatsler@coxcastle.com>; Paul Simonds<paul@curtpringle.com> Subject: 2670 N. Main Street-Major Remodel Application All, I hope all is well. Please see below for a link to drawings for a Major Commercial Remodel Application at 2670 Main Street. I understand that Urgency Ordinance No. 2022-07 is no longer in effect and therefore our application process reverts to the Major Commercial Remodel application. Please review and let me know if you have any questions. Can you please send me an online link so I can pay the fee associated with this submittal? In the drawings you will see that we have reduced the existing building SF to align with the medical office parking requirements.The drawings show that we are significantly reducing the Vt floor building space and replacing it with parking stalls. We are maintaining the 21d and 3rd floors and overall fagade aesthetics.To comply with parking code, we removed a portion of the 3rd floor SF. 1 Case 8:23-cv-00504 Document 1.-6 Filed 03/20/23 Page 3 of 3 Page ID #:157 2670 Main Street-architectural drawings & photo to Sincerely, Kate Kate Hirsh Director Turner Impact Capital 1702 Olympic Boulevard Santa Monica, CA 90404 D: 310.752,9623 J C: 310.658.3219 www.turnerimpact.com 2 Case 8:23-cv-00504 Document 1-7 Filed 03/20/23 Page 1 of 3 Page ID#:158 Exhibit Case 8:23-cv-00504 Document 1-7 Filed 03/20/23 Page 2 of 3 Page ID #:159 From:Arias, Fernanda<farias@santa-ana.org> Sent:Wednesday, March 15, 2023 1:20 PM To: Kate Hirsh<khirsh@turnerimpact.com> Cc: Pezeshkpour,Ali<APezeshkpour@santa-ana.org> Subject:2670 North Main Street(Application Number NONR-2023-73-ALT) [External Sender] Good morning, This email is in response to application number NONR-2023-73-ALT for the property located at 2670 North Main Street, Santa Ana, CA 92705 submitted on February 7, 2023. 1 had previously requested a completed certificate of occupancy application to continue with plan check. However, upon further review that application will no longer be required for this review. Please note that the proposed project will require a Development Project(DP) Review application followed by a Conditional Use Permit(CUP). Instructions and submittals requirements were also provided by the Planning Manager in separate emails on February 8 and March 14 of 2023. Therefore,application number NONR-2023-73-ALT has been closed. In order to request a refund for the application, please provide the following information: 1. Name of refund check recipient(should match original check) 2. Mailing address for check(should match original invoice) 3. Recipient's contact information When you are ready to submit the Development Project Review application, please contact Planning Santa-a„na.org.to request a case planner. Lastly, I have included links to the aforementioned applications for your reference below: o Initial Step(DP): o Development Project Review: htt s: www.santa-ana.or documents develo ment- ro'ect-review- pdcka e .Once the DP process is complete,the Discretionary Phase, below, can commence. o Fees (may be subject to change): ■ DP base fee: $5,216.38 1 Case 8:23-cv-00504 Document 1-7 Filed 03/20/23 Page 3 of 3 Page ID #:160 • Environmental determination fee:$706 ■ Orange County Fire Authority(OCFA) service request fee: $538 o Discretionary Phase.The items below will be required once the DP phase,above, is completed: o Conditional Use Permit(CUP): https://www.santa-ana.org/docum nts/conditiongl-use-permit- A lication . o Submittal Checklist for CUP: htt s: www,santa-ana.or documents submittal-checklist . o Fee:$6,366.00 Please consider this email as official correspondence regarding the outcome of application number NONR-2023-73-ALT. Thank you, Fernanda Arias Assistant Planner I,Planning Division r City of Santa Ana I Planning and Building Agency(M-20) eF' 20 Civic Center Plaza I P.O.Box 1988 1 Santa Ana,CA 92702 (714)667-2792J FArias santa-ana.or I (She/Her) 2 Case 8:23-cv-00504 Document 1-8 Filed 03/20/23 Page I of 5 Page 1D #:161 w Exhibl" t Do6uSign Envelope f�Da4�7 6 8 P�_ E �� 3C � 6 _8 Filed 03/20/23 Page 2 of 5 Page I D #:162 ASSIGNMENT OF CLAIMS AGREEMENT This Assignment of Claims Agreement(the"Agreement") is made and entered into as of March 15, 2023,by and between (1) Turner Healthcare Facilities Acquisition LLC ("Turner"or the"Assignor") and (2) Share Our Selves Corporation, a California nonprofit corporation ("SOS" or the "Assignee") [hereinafter, Turner and SOS shall collectively be referred to as the"Parties" and individually as the "Party"] with respect to the following facts and intentions: RECITALS A. On or about February 25, 2022, Turner and SOS executed a term sheet (the"Terra Sheet"), setting forth that Turner may purchase the real property located at 2670 North Main Street in Santa Ana(the "Main Street Property" or the"Property"), and the parties intention to enter into a 20-year triple-net lease of the Property, with two five- year options to extend,and an option to purchase the Property (the"Lease")which Lease would include the obligation for Turner to renovate the Property into a healthcare facility for SOS (the"Project"). B. On or about March 7, 2022, Turner entered into a Purchase and Sale Agreement and Joint Escrow Instructions (the"PSA")to purchase the Main Street Property from the Himy Family Limited Partnership 11, LP (the"Seller"). The PSA provided Turner with a period of 90 days (the "Inspection Period")to conduct all due diligence of the property, including any attempts to obtain entitlements, approvals, permits, and private party consents necessary for the Project. C. Under the PSA, Turner was required to, and did,place a$270,000 refundable deposit(the"Deposit") into escrow(the"Escrow"), a portion of which was anon-refundable payment of$100.00 in"Independent Consideration" to the Seller. D. In May,July, and November 2022 and February 2023, Turner and the Seller entered into amendments to the PSA(collectively,the "Amendments")to provide for various extensions of the Inspection Period to and including February 10, 2023. E. As consideratioi-r for the extensions contemplated under the Amendments (collectively,the "Extensions"), Turner paid various extension fees (collectively,the "Extension Fees") and released a portion of the funds in the Escrow(the"Released Funds"),totaling $185,000 in Extension Fees and Released Funds. F. During the period from approximately February 2022 to and including the present date, Turner has incurred various costs and expenses in connection with various planning, purchase, development,entitlement, legal, and other activities relating to the Project(collectively, the "Project-Related Costs"), including costs incurred in connection with the minor exception application and the major remodel applications that Turner submitted to the City of Santa Ana(the"City"). G. In December 2022,the City adopted Santa Ana Zoning Ordinance Amendment No. 2022-07 (the "Urgency Ordinance") and, in February 2023, the City 1 Doi:uSign Envelope f�61�A57e,"6"P &-'M3bt3ctU Wf'f-3 Filed 03/20/23 Page 3 of 5 Page ID # 163 adopted Zoning Ordinance Amendment No. 2022-03 (the"Non-Urgency Ord inance")[col lectively the "Ordinances"]. Both of the Ordinances have provisions that allow Medical Offices in the City's "Professional"Zoning District(the"P District")as a matter of right, but the Ordinances also provide that Medical Offices "operated by government, government-subsidized,not-for-profit, or philanthropic entities" are prohibited in the P District unless a conditional use permit is obtained (the"CUP Requirement"). H. Despite a series of communications and meetings with City staff and members of the City Council in which Turner and SOS informed the representatives of the City that, unless the Ordinances were amended to eliminate the CUP Requirement, or Turner and SOS were otherwise exempted from the CUP Requirement, the Seller of the Main Street Property would not agree to any further extensions of time and, as such,not only would the ability to acquire the Property be lost, but the Project would be lost as well. I. The City refused to relent in insisting that the CUP Requirement applied to the Project and that resulted in the termination of the PSA and the cancellation of the Escrow. J. SOS intends to file a lawsuit(the"Action") against the City for compensatory damages and declaratory and equitable relief as a result of the Ordinances and the CUP Requirement. K. Pursuant to this Agreement, Turner intends to assign to SOS all of Turner's claims and causes of action against the City arising out of the matters referenced above. NOW, THEREFORE, for good and valuable consideration,the receipt of which is hereby acknowledged, and in light of the foregoing Recitals which are incorporated herein,the Parties agree as follows: 1. Effective Date. This Agreement shall become effective on the date on which this Agreement has been executed and delivered by both Parties and, upon that occurrence, the "Effective Date"of this Agreement shall be the date first set forth above. 2. Assignment. As of the Effective Date,Assignor hereby sells, conveys, transfers, and assigns to Assignee,and Assignee's successors and assigns, all of Assignor's right,tide, and interest in and to any and all claims, causes of action, demands, rights,privileges, or entitlements, of any kind whatsoever, which Assignor has, or may hereafter have, as against the City, or any of its past,present, or future councilmembers, commissioners, committee members, officers, employees, agents, representatives, attorneys, or insurers (collectively, the City's Related Persons"), based upon any acts or omissions on the part of the City, or on the part of any of the City's Related Persons, occurring prior to the Effective Date of this Agreement, and directly or indirectly arising out of, relating to,resulting from, or in any way connected to,the Project, the Term Sheet, the Main Street Property, the potential Lease,the PSA, the 2 docuSign Envelope@�V 60s2tqS9Wg?)43cM W f'f_3 Piled 03/20/23 Page 4 of 5 Page ID #:164 Seller,the Inspection Period, the Escrow, the Deposit,the Independent Consideration,the Amendments, the Extensions,the Extension Fees,the Released Funds,the Project- Related Costs,the Ordinances, or the CUP Requirement(collectively,the "Assigned Claims"). The Assigned Claims are being assigned to Assignee"as-is"without representation or warranty. 3. Assignee's Discretion. Assignee, in its own name and for its own benefit, shall be entitled to prosecute, collect, settle, compromise, dismiss,release, abandon, or otherwise discharge any or all of the Assigned Claims in any manner as Assignee in its sole discretion deems advisable. Assignee's discretion shall include the decision of whether or not to file the Action,whether or not to settle the Action at any time, including following the entry of judgment, and whether or not to collect any amount awarded in the Action. Assignee agrees that it shall indemnify,protect and hold Assignor harmless for any out-of-pocket, discovery-related or trial-related attorney's fees or costs incurred by Assignor in connection with the Action. 3. Recovery. In the event that SOS obtains any monetary recovery in the Action (the "Recovery"),the first of the Recovery funds shall be distributed to reimburse SOS and Turner for any actual attorney's fees and costs incurred in connection with the Action. In the event the Recovery is not sufficient to fully reimburse both SOS and Turner's actual attorney's fees and costs,the Recovery shall be divided between the Parties on a pro rata basis, based on the percentage of the total amount of attorney's fees and costs that each Party incurred. In the event there are any remaining Recovery funds after reimbursement of the Parties' actual attorney's fees and costs,the Recovery shall be used to satisfy any obligations for cost reimbursement under the Term Sheet that have not been satisfied as of the date of the Recovery(but for the avoidance of doubt, nothing in this Agreement shall modify any obligations under the Terra. Sheet). Thereafter, SOS shall receive a litigation bonus from the Recovery consisting of twenty-five percent (25%) of the total remaining Recovery (net of the Parties' attorney's fees and costs and unsatisfied Term Sheet obligations), to compensate SOS for taking on the risk and cost of pursuing the Action. In the event there are any Recovery funds remaining after payment of the litigation bonus to SOS,those funds will be divided equally between SOS and Turner. 4. Refresentations and Warranties. Each of the Parties represents to the other that: (a) such Party has the sole legal power, right and authority to enter into this Agreement; (b) all requisite corporate action has been taken by such Party in connection with entering into this Agreement; (c)no additional consent of any individual, officer, director, shareholder,partner, member,manager,trustee, trustor, beneficiary, creditor, investor,judicial or administrative body, governmental authority or other Party shall be required for such party to consummate the transaction contemplated by this Agreement; and (d)the individuals executing this Agreement on behalf of such Party have the legal power,right and actual authority to bind such Party to the terms and conditions hereof. 5. Counterparts. This Agreement may be executed electronically and any number of counterparts and shall constitute an agreement binding on both Parties, notwithstanding that both Parties are not signatories to the original or the same 3 Do�u$ttgn Envelope#EA'4'91 -V2-'Otg?343CtM8ifi RP61-8 Filed 03/20/23 Page 5 of 5 Page ID #:165 counterpart provided that all parties are furnished a copy or copies thereof reflecting the signature of all Parties. The Parties have executed this Agreement as of the date first set forth above. ASSIGNOR: TURNER HEALTHCARE FACILITIES ACQUISITION LLC Docu5lgned by: By: Name: Daniel Millman Title: Vice President Date: 3/16/2023 ASSIGNEE: SHARE OUR SELVES CORPORATION By: rDocu5lgned by: t VI! (Por . Name: Christy Ward Title: Chili Executive Officer Date: 4 Case 8:23- 94ATP!PffifflElf 2ollRT,1E6RQ2/911TR1ffWFWAAiq e ID #:166 CIVIL COVER SHEET 8:23-CV-00504 I.(a)PLAINTIFFS ( Check box if you are representing yourself[] ) DEFENDANTS (Check box if you are representing yourself❑ ) SHARE OUR SELVES CORPORATION,a California non- CITY OF SANTA ANA, a municipal corporation, and profit corporation DOES 1 through 10, inclusive (b)County of Residence of First Listed Plaintiff Orange County of Residence of First Listed Defendant Santa Ana_ (EXCEPT IN U.S.PLAINTIFF CASES) (IN U.S.PLAINTIFF CASES ONLY) (c)Attorneys(Firm Name,Address and Telephone Number) If you are Attorneys(Firm Name,Address and Telephone Number) If you are representing yourself,provide the same information. representing yourself,provide the same information. Edmond M, Connor(SBN 65515) 2211 Michelson Drive,Suite 1100 Irvine, CA 92612 II. BASIS OF JURISDICTION(Place an X in one box only.) III.CITIZENSHIP OF PRINCIPAL PARTIES-For Diversity Cases Only (Place an X in one box for plaintiff and one for defendant) PTF DEF PTF DEF ❑1.U.S.Government 3.Federal Question(U,S. Citizen of This State ❑ 1 ❑ 1 Incorporated or Principal Place ❑ 4 ❑ 4 Plaintiff Government Not a Party) of Business in this State Citizen of Another State ❑ 2 ❑ 2 Incorporated and Principal Place ❑ 5 ❑ 5 of Business In Another State 2.U.S.Government ❑4.Diversity(Indicate Citizenship Citizen or subject of Defendant of Parties in Item 111) Foreign Country ❑ 3 ❑ 3 Foreign Nation ❑ 6 ❑ b IV.ORIGIN(Place an X in one box only.) 7,Original ❑ 2.Removed from ❑ 3.Remanded from 4.Reinstated or S.Transferred from Another 6.Multidistrict 8.Multidistrict ProceedingState Court A ❑ Eraser - Direct€it - ppellateCourY Reopened ❑ District {specify} � Transfer � Direct file V.REQUESTED IN COMPLAINT: JURY DEMAND: 0 Yes ❑ No (Check"Yes"only if demanded in complaint.) CLASS ACTION under F.R.Cv.P.23: Yes 0 No [K MONEY DEMANDED IN COMPLAINT: $ 500,000.00 VI.CAUSE OF ACTION(Cite the U.S.Civil Statute under which you are filing and write a brief statement of cause. Do not c€tejurisdictional statutes unless diversity.) 42 U.S.C. § 1983 Violation of Due Process and Equal Protection Under 14th Amendment VII.NATURE OF SUIT(Place an X in one box only). OTHER STATUTES. CONTRACT REAL PRI] ERTY CONT, IMMIGRATION PRISONER PETITIONS PROPERTY RIGHTS ❑ 375 False Claims Act ❑ 1101nsurance ❑ 240 Torts to Land ❑ 462 Naturalization Habeas Corpus: ❑ 820 Copyrights 376 Qui Tam 245 Tort Product Application ❑ 463 Alien Detainee ❑ ❑ 120 Marine ❑ ❑ 830 Patent (31 USC 3729(a)) Liability 465 Other ❑ Sentence10Motions to Vacate 830 Patent Abbreviated 400 State 130 Miller Act 290 All Other Real ❑ ❑ ❑ Immigration Actions ❑ Reapportionment' 140 Negotiable Propert TORTS ❑ 530 General New Drug Application [] 410 Antitrust ❑ Instrument TORTS PERSONAL PROPERTY ❑ 535 Death Penalty ❑ 840 Trademark 150 Recovery of PERSONAL IN'L Other: ❑ 430 Banks and Banking n' ❑ 370 Other Fraud 880 Defend Trade Secrets Act ❑ Overpayment& 310Airpiane ❑ er ❑ 540 Mandamus/Oth of 2016(pT5A) Rat Commerce/ICC Enforcementof ❑ 371 Truth in Lending ❑ Judgment ❑❑ 315 Airplane I] 460 Deportation Product Liability 380 Other Personal ❑ 550CivIl Rig hts SOCIAL SECURITY ❑ 151 Medicare Act ❑ 320 Assault,Libel& ❑ Property Damage El555 Prison Condition ❑ 861 HI (I395$) 470 Racketeer Influ- Slander ❑ enced&Corrupt Org. 152 Recovery of ❑ 385 Property Damage 560 Civil Detainee ❑ 862 Black Lung(923) 330 Fed.Employers' 490ConsumerCredit ❑ Defaulted Stu dent ❑ Product Liability B63DIWC/DIWW(405 ❑ Liability ❑ Conditions of 485 Tel ephone Loan{ExcLVet,} ❑ 9}J ❑ 340 Marine ':BANKRUPTCY. Confinement ❑ Consumer Protection Act 153 Recovery of 422 Appeal FORFEITUREIPENALTY ❑ 864 SSID Title XVl 345 Marine Product ❑ 490 Cable/Sat N ❑ Overpayment of ❑ USC 158 Vet.Benefits Liability 625 Drug Related ❑ 865 RSI(405(g}} 423 Withdrawal 28 ❑ Seizure of Proper 21 850 Sles/E changm ❑ 350 Motor Veh€cle ❑ USC$81 ❑ modities/Exchange 160 Stockholders' USC 1 S7 FEDERAL TAX SUITS 890 Other Statutory ❑ Suits 355 Motor Vehicle CIVICRIGHTS ❑ 690Other Y ❑ 870 Taxes(U.S.Plaintiff or ❑ Actions Product Liability ❑ Defendant) ❑ 190 Other 360 Other Personal 0 440 Other Civil Rights LABOR 891 Agricultural Acts Contract 871 IRS-Third Party 26 USC C ❑ g ❑ injury ❑ 441 Voting ❑ 7710 Fair Labor Standards ❑ 7609 893 Environmental ❑❑ 195 Contract 362 Personal Injury Act Liability ❑ p ❑ 442 Employment ❑ 720 Labor/Mgmt.Product Liabili Med Mal ratite 895 Freedom of Info. ❑ 196 Franchise 365 Personal Injury- ❑ 443 Housing/ Relations ❑ Act ❑ Product Liability Accommodations 740 Railway Labor Act ❑ 896 Arbitration 367 Health Care/ Disabilities 751 Family and Medical ❑ Co Land ❑ Pharmaceutical ❑ ❑ Y 899 Admin.Procedures Condemnation Personal Injury Employment Leave Act ❑ Act/Review of Appeal of ❑ 220 Foreclosure Product Liability 446 American with 790 Other Labor Agency Decision 368 Asbestos ❑ Disabilities-Other ❑ Litigation 950 Constitutionality of 230 Rent Lease& ❑ Personal injury ❑ 791 Employee Ret.Inc. ❑ State Statutes ❑ E'ectment J rY ❑ 448Education --- — ProductLiabilit Security Act FOR OFFICE USE ONLY: Case Number: CY-71(10/20) CIVIL COvt_R SHEET Page 1 of 3 Case 8:23_ &ti R4,&n17I?AY/gATRIP FidltiF�6RPf-Me I U 4:167 CIVIL COVER SHEET Vlll. VENUE: Your answers to the questions below will determine the division of the Court to which this case will be Initially assigned. This Init}al assignment is subject to change,in accordance with the Court's General Orders,upon review by the Court of your Complaint or Notice of Removal. QUESTION A: Was this case removed from state court? STATE CASE WAS PENDING IN THE COUNTY OF: INITIAL blV15101a IN CACD 15: ❑ Yes I] No ❑if"no,"skip to Question B. If"yes,"check the Las Angeles,Ventura,Santa Barbara,or San Luis Obispo Western box to the right that applies,enter the ❑ Orange Southern corresponding division In response to Questlon E,below,and continue from there. ❑ Riverside or San Bernardino Eastern QUESTION B: Is the United States,or B.1. Do 50%or more of the defendants who reside in YES. Your case will initially be assigned to the Southern Division. one of its agencies or employees,a the district reside In orange Co.? ❑ Enter"Southern"in response to Question E,below,and continue PLAINTIFF in this action? from there. check one of the boxes to the right °� ❑ Yes 0 No ❑ NO. Continue to Question B.2. 8. Do or more of the defendants who reside in If"no,"skip to Question C. If"yes,"answer thee districtict re re YES.Your case will initially be assigned to the Eastern Division. side in Riverside and/or San Bernardino Question B.1,at right, Counties? (Consider the two counties together) E] Enter"Eastern"in response to Question E,below,and continue from there. check one of the boxes to the right NO. Your case will initially be assigned to the Western OivWon. ❑ Enter"Western"In response to Question E,below,and continue from there. QUESTION C: is the United States,or C.1. Do 50%or more of the plaintiffs who reside in the YES. Your case will initially be assigned to the Southern Division. one of its agencies or employees,a district reside in Orange Co.? ❑ Enter"Southern"In response to Question E,below,and continue DEFENDANT in this action? from there. check one ofthe boxes to the right �", ❑ Yes ❑x No ❑ NO. Continue to Question C.2. If"no,"skip to Question D. If"yes,"answer C.2, Do 50%or more of the plaintiffs who reside In the YES.Your case will initially be assigned to the Eastern Division. district reside in Riverside and/or San Bernardino g Question C.1,at right. Counties? (Consider the two counties together.) ❑ Enter"Eastern"in response to Question E,below,and continue from there. check one of the boxes to the right NO. Your case will Initially be assigned to the Western Division. ❑ Enter"Western"in response to Question E,below,and continue from there. A. B. C. QUESTION D: Location of plaintiffs and defendants? Riverside or San Los Angeles,Ventura, Orange County Bernardino County Santa Barbara;or San. Luis Obispo County Indicate the location(s)in which 50%or more of plaintiffs who reside in this district reside. (Check up to two boxes,or leave blank if none of these choices apply.) 0 ❑ �] Indicate the location(s)in which 50%or more of defendants who residein this district reside. (Checkup to two boxes,or leave blank if none of these choices 0 apply) El D.I. Is there at least one answer in Column A? D.2. Is thereat least one answer in Column B? 0 Yes ❑ No ❑ Yes ❑ No If"yes,"your case will Initially be assigned to the If"yes,"your case will initially be assigned to the SOUTHERN DIVISION, EASTERN DIVISION. Enter"Southern"in response to Question E, below,and continue from there. Enter"Eastern"in response to Question E, below. If"no,"go to question D2 to the right. "r"I► If"no,"your case will be assigned to the WESTERN DIVISION. Enter"Western"in response to Question E,below. QUESTION E:Initial Division? INITIAL DIVISION iN CACI] Enter the initial division determined by Question A,B,C,or D above: SOUTHERN QUESTION F:Northern Counties? Do 50%or more of plalntiffs or defendants in this district reside in Ventura,Santa Barbara,or San Luis Obispo counties? ❑ Yes 0 No CVai(70i20) CIVIL COVER SHEET Page 2 of 3 Case 8:23-�'kR2 giATPffiliM &1FR�&@�6?AY1911TR'I '�AlfIA3EtRPe ID #:168 CIVIL COVER SHEET IX(a). IDENTICAL CASES: Has this action been previously flied in this court? Q NO YES If yes,list case number(s): IX(b).RELATED CASES: Is this case related(as defined below)to any civil or criminal case(s)previously filed in this court? NO 0 YES If yes,list casenumber(s): 8:23-cV-00183-DOC-KES; SA CV 20-00069-DOC (KESx) ; 8:18-CV-00155-DOC-KES Civil cases are related when they(check all that apply): A, Arise from the same or a closely related transaction,happening,or event; ❑ B. Call for determination of the same or substantially related or similar questions of law and fact;or XL C. For other reasons would entail substantial duplication of labor if heard by different judges. Note: That cases may involve the same patent,trademark,or copyright is not,in itself,sufficient to deem cases related. A civil forfeiture case and a criminal case are related when they(check all that apply): A. Arise from the same or a closely related transaction,happening,or event; B. Call for determination of the same or substantially related or similar questions of law and fact;or C. Involve one or more defendants from the criminal case in common and would entail substantial duplication of labor if heard by different judges. X. SIGNATURE OF ATTORNEY (OR SELF-REPRESENTED LITIGANT): DATE: 03/20/2023 Notice to Counsel/Parties: The submission his Civil Cover Sheet is required by Local Rule 3-1, This Form CV-71 and the information contained herein neither replaces nor supplements the filing and service of pleadings or other papers as required by law,except as provided by local rules of court. For more detailed instructions,see separate instruction sheet(CV-071 A). Key to Statl stical codes relating to Social Security Cases: Nature of Suit Code Abbreviation Substantive Statement of Cause of Action All claims for health insurance benefits(Medicare)under Title 18,Part A,of the Social Security Act,as amended, Also, 861 HIA €nclude claims by hospitals,skilled nursing facilities,etc.,for certification as providers of services under the program, f42 U.S.C.1935FF(b)) 862 BL All claims for"Black Lung"benefits under Title 4,Part B,of the Federal Coal Mina Health and Safety Act of 1969.(30 U.S.C. 923) 863 DIWC All claims filed by insured workers for disability insurance benefits under Title 2 of the Social Security Act,as amended;plus all claims filed for child's insurance benefits based on disability. (42 U.S.C.405(g)) 863 Dlww All claims filed for widows or widowers Insurance benefits based on disability under Title 2 of the Social Security Act,as amended.(42 U.S.C.40S(g)) 864 SSID All claims for supplemental security income payments based upon disabilityfled under Title 16 of the Social Security Act,as amended. 865 RSI All claims for retirement(old age)and survivors benefits under Title 2 of the Social Security Act,as amended. (42 U.S.C.405(g)) CV-71(10/20) CIVIL COVER SHEET Page 3 of 3 _ Case 8:23-cv-00504 Document 4 Filed 03/20/23 Page .1 of 1 Page ID #:171 NAME,ADDRESS,AND TELEPHONE NUMBER OF ATTORNEY(S) OR OP PARTY APPEARING IN PRO PER Connor Fletcher and Hedenkamp LLP Edmond M.Connor Douglas A.Hedenkamp 2211 Michelson Drive,Suite 1100 Irvine,CA 92612 econnor@businesslit.conn;service@businesslit.com; dhedenkamp@businesslit.com 949-622-2600 ATTORNEY(s)FOR! Plaintiff:Share Our Selves Corporation UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SHARE,OUR SELVES CORPORATION,a CASE NUMBER. California non-profit corporation 8:23-cv-00504 Plaintiff(s), v. CITY OF SANTA ANA,a municipal corporation, and DOES 1 through 10,inclusive CERTIFICATION AND NOTICE OF INTERESTED TED PARTIES Defendant(s) (Local Rule 7.1-1) TO: THE COURT AND ALL PARTIES OF RECORD: The undersigned,counsel of record.for Plaintiff,Share Our Selves Corporation a California non-profit corporation or party appearing in pro per, certifies that the following listed party or parties may have a pecuniary interest in the outcome of this case. These representations are made to enable the Court to evaluate possible disqualification or recusal. (List the names of all such parties and identify their connection and interest.Use additional sheet if necessary.) PARTY CONNECTION I INTEREST SHARE OUR SELVES CORPORATION,a California non- Plaintiff profit corporation Turner Healthcare Facilities Acquisition LLC Assignor of Claims to Plaintiff CITY OF SANTA ANA, a municipal corporation,and Defendants DOES 1 through 10,inclusive March 20,2023 Date Signature Attorney of record for(or name of party appearing in pro per): Plaintiff-Share Our Selves Corporation CV 30(O51i 3) NOTICE OF INTERESTED PARTIES Case 8;23-cv-00504-DOC-DFM Document 5 Filed 03/21/23 Page 1 of 1 Page ID #:172 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA NOTICE OF ASSIGNMENT TO UNITED STATES JUDGES This case has been assigned to: District Judge David (),Carter Magistrate Judge D!anglas F. McCormick The case number on all documents tiled with the Court should read as follows: 8;23—sv-00504 DOC MMxl District judges in the Central District of California refer all discovery-related motions to the assigned magistrate judge pursuant to General Order No. 05-07. Discovery-related motions should be noticed for hearing before the assigned magistrate judge. Please refer to the assigned judges' Procedures and_Schedules, available on the Court's website at www.cacd.uscourts. gov/judges-requirements, for additional information. Clerk, U.S. District Court March 21; 2023 By Is/ Geneva Hunt Date Deputy Clerk ATTENTION The party that filed the case-initiating document in this case (for example, the complaint or the notice ofremoval) must serve a copy of this Notice on all parties served with the case-initiating document. In addition, if the case-initiating document in this case was electronically filed, the party that filed it must, upon receipt of this Notice,promptly deliver mandatory chambers copies of all previously filed documents to the newly assigned-districtjudge. See L.R. 5-4.5. A copy of this Notice should be attached to the first page of the mandatory chambers copy of the case-initiating document. CV-18(08/19) NOTICE Or,ASSIGNMENT TO UNITED STATES JUDGES Case 8:23-cv-00504-DOC-DFM Document 7 Filed 03/21/23 Page 1 of 1 Page 1D #:175 UNITED ,STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SHARE OUR SELVES CORPORATION CASE NUMBER.: PLAINTIFF(S), 8.23—cv-00504DOC—DFM V. CITY OF SANTA ANA, et al. Notice to Counsel Re Consent to Proceed DEFENDANT(s). Before a United States Magistrate Judge The parties are advised they may consent to proceed before any available magistrate judge participating in the Voluntary Consent to Magistrate Judges Program to conduct all further proceedings in the case pursuant to 28 U.S.C. § 636(c) and Federal Rules of Civil Procedure 73, The consent list and consent form are available on the court's website at ht : cd.uscourts.goyJLidges-re ements c - ro ams to - onsen - magistrate judges-pr,�gram. To confirm a particular magistrate judge's availability to schedule the trial in the time frame desired by the parties and/or willingness to accommodate any other special requests of the parties,please contact the magistrate judge's courtroom deputy prior to filing the consent. Since magistrate judges do not handle felony criminal trials, civil trial dates are not at risk of being preempted by a felony criminal trial, which normally has priority. Further, in some cases, the magistrate judge may be able to assign an earlier trial date than a district judge. The parties can select a participating Magistrate Judge from any of the three divisions in the Central District of California. There may be other advantages or disadvantages which you will want to consider. The plaintiff or removing party must serve this Notice on each named party in the case. Case 8:23-cv-00504-DOC-DFM Document 6 Filed 03/21/23 Page 1 of 2 Page ID #:173 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NUMBER: SHARE OUR SELVES CORPORATION 8:23—cv-00504—DOC--DFM Plaintiff(s) V. CITY OF SANTA ANA, et al. NOTICE TO PARTIES OF Defendant(s). COURT--DIRECTED ADR PROGRAM NOTICE TO PARTIES: It is the policy of this Court to encourage settlement of civil litigation when such is in the best interest of the parties. The Court favors any reasonable means, including alternative dispute resolution (ADR), to accomplish this goal. See L.R. 16-15. Unless exempted by the trial judge,parties in all civil cases must participate in an ADR process before trial. See L.R. 16-15.1. The district judge to whom the above-referenced case has been assigned is participating in an ADR Program that presumptively directs this case to either the Court Mediation Panel or to private mediation. See General Order No. 11-10, §5. For more information about the Mediation Panel, visit the Court website, www.caed.uscourts.gov, under"ADR." Pursuant to L.R. 26-1(c), counsel are directed to furnish and discuss with their clients the attached ADR Notice To Parties before the conference of the parties mandated by Fed.R.Civ.P. 26(f). Based upon the consultation with their clients and discussion with opposing counsel, counsel must indicate the following in their Joint 26(f) Report: 1) whether the case is best suited for mediation with a neutral from the Court Mediation Panel or private mediation; and 2) when the mediation should occur. See L.R. 26-1(c). At the initial scheduling conference, counsel should be fully prepared to discuss their preference for referral to the Court Mediation Panel or to private mediation and when the mediation should occur. The Court will enter an Order/Referral to ADR at or around the time of the scheduling conference. Cleric, U.S. District Court rc 21. 2023 By Zsl Geneva Hunt Date Deputy Clerk ADR-08(04118) NOTICE TO PARTi s OF COURT DIRIEC UD ADR PROGRAM _ Case 8:23-cv-00504-DOC-DFM Document 6 Filed 03/21/23 Page 2 of 2 Page ID #174 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA NOTICE TO PARTIES: COURT POLICY ON SETTLEMENT AND USE OF ALTERNATIVE DISPUTE RESOLUTION (ADR) Counsel are required to furnish and discuss this Notice with their clients. Despite the efforts of the courts to achieve a fair, timely and just outcome in all cases, litigation has become an often lengthy and expensive process. For this reason, it is this Cow's policy to encourage parties to attempt to settle their disputes, whenever possible, through alternative dispute resolution (ADR). ADR can reduce both the time it takes to resolve a case and the costs of litigation, which can be substantial. ADR options include mediation, arbitration (binding or non-binding), neutral evaluation (NE), conciliation, inini-trial and fact-finding. ADR can be either Court-directed or privately conducted. The Court's ADR Program offers mediation through a panel of qualified and impartial attorneys who will encourage the fair, speedy and economic resolution of civil actions, Panel Mediators each have at least ten years of legal experience and are appointed by the Court. They volunteer their preparation time and the first three hours of a mediation session. This is a cost-effective way for parties to explore potential avenues of resolution. This Court requires that counsel discuss with their clients the ADR options available and instructs them to come to the initial scheduling conference prepared to discuss the parties' choice of ADR option. The ADR options available are: a settlement conference before the magistrate judge assigned to the case or the magistrate judge in Santa Barbara, the Court Mediation Panel, and private mediation. Counsel are also required to indicate the client's choice of ADR option in advance of the initial scheduling conference. See L.R. 26-1(c) and Fed.R.Civ.P. 26(f). Clients and their counsel should carefully consider the anticipated expense of litigation, the uncertainties as to outcome, the time it will take to get to trial, the time an appeal will take if a decision is appealed, the burdens on a client's time, and the costs and expenses of litigation in relation to the amounts or stakes involved. Each year thousands of civil cases are filed in this district, yet typically no more than one percent go to trial. Most cases are settled between the parties, voluntarily dismissed, resolved through Court-directed or other forms of ADR, or dismissed by the Court as lacking in merit or for other reasons provided by law. For more information about the Court's ADR Program, the Mediation Panel, and the profiles of mediators, visit the Court website, www.caed.uscourts.gov, under "ADR." ADR-08(04/18) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM CLERK. FILED US. DISTRICT COUNT 1 2 AUG 3 $ N CIS I F CALIFORNIA DEPUTY 4 5 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 I I IN THE MATTER OF GENERAL ORDER NO. I I-10 12 ALTERNATIVE DISPUTE ((Supersedes General Orders 13 RESOLUTION (ADR)PROGRAM No. 04-01 and No. 07-01) 14 15 1. SCOPE AND PURPOSE 16 1 1.1 Scone. This General Order("Order")governs the elective and 17 presumptive referral of certain actions to the Alternative Dispute Resolution (ADR) 18 Program for mediation with a neutral from the Mediation Panel (previously known 19 as the Attorney Settlement Officer Panel) appointed by the Court. The Order shall 20 be effective on December 1,2011 and applies to actions which fall within the scope 21 of this Order,regardless of when the actions commenced. 22 1.2 Purpose. The Court finds that the number of criminal and civil cases 23 in this District, together with the adoption of Congressional requirements for the 24 priority scheduling of criminal trials and the shortage of Judges in this District, have 25 placed significant pressures on litigants, counsel, and the Court. The purpose of the 26 ADR Program is to alleviate some of these pressures and to encourage the fair, 27 speedy, and economical resolution of controversies by referring suitable cases to an 28 impartial neutral who is experienced in one or more designated areas of law and in General Order No. 11-10 1 the process of alternative dispute resolution. 2 3 2. ADMINISTRATION 4 2.1 ADR Judge. A district judge shall be appointed by the Chief Judge 5 to serve as Chair of the ADR Committee. That judge will also serve as the ADR 6 Judge of this Court. The ADR Judge shall serve as the primary liaison between the 7 Court and ADR Program staff, consulting with staff on matters of policy, program S design and evaluation, education, training and administration. 9 2.2 Appointment of the ADR Program Director. The ADR Program 10 shall be coordinated by an ADR Program Director at the direction of the Clerk of 11 Court. 12 2.3 Duties of the ADR Program Director. The duties of the ADR 13 Program Director shall be established by the Court, and shall include the following: 14 (a) Maintain, on the Court website, the current list of panel members 15 available to act as mediators; 16 (b) Report to the Court on the status and effectiveness of the ADR 17 Program, and maintain records, including disposition and 18 success rates, for this purpose; 19 (c) Serve as a neutral in selected cases; 20 (d) Perform any additional duties as the Court may direct which are 21 necessary for the efficient administration of the ADR Program. 22 2.4 Duties of the Bar. The Central District's Lawyer Representatives' 23 Mediation Panel Selection Committee will assist the Court with the ADR Program 24 in the following ways: 25 (a) Recruit suitable candidates for the Mediation Panel; 26 (b) Review candidate applications for the Mediation Panel and 27 provide advice to the Court in connection with the selection and 28 appointment of panel members; and 2 General Order No. 11-10 1 (c) Perform such additional duties as the Court may direct which are 2 necessary for the efficient administration of the ADR Program. 3 4 3. MEDIATOR QUALIFICATIONS AND SELECTION 5 3.1 Qualifieations. A person may serve as a member of the Mediation 6 Panel if- 7 (a) the person has been a United States Appellate, District, S Magistrate or Bankruptcy Judge, or a California Judicial Officer; 9 or 10 (b) the person is currently a member in good standing of the Bar of 11 the United States District Court, Central District of California, 12 with at least 10 years legal practice experience, substantial 13 experience with or knowledge of civil litigation in federal court, 14 and significant expertise in one or more of the following areas: 15 (1) Admiralty 16 (2) Americans with Disabilities Act 17 (3) Antitrust 18 (4) Bankruptcy 19 (5) Business/Commercial Litigation 20 (6) Civil Rights 21 (7) Class Actions 22 (8) Consumer Credit 23 (9) Copyright/Trademark 24 (10) Employment/Discrimination/Wrongful Termination 25 (11) Environmental 26 (12) ERISA 27 (13) Foreclosure 28 (14) Insurance Coverage/Bad Faith 3 General Order No. 11-10 1 (15) Labor 2 (16) Patent 3 (17) Personal Injury 4 (18) Products Liability 5 (19) Real Estate/Construction 6 (20) Securities 7 (21) Tax 8 The Court may modify these and other minimum requirements in individual 9 circumstances for good cause. The Court shall only make such modification upon a 10 determination that the applicant has demonstrated satisfactory evidence of sufficient 11 education, training, skills and/or experience. 12 3.2 Training Requirements. In order to qualify for appointment to the 13 Mediation Panel, an applicant shall successfully complete a court-conducted 14 training course in mediation or provide proof that he or she has successfully 15 completed a court-approved training course in mediation. In order to qualify for 16 subsequent reappointments to the Mediation Panel, an applicant shall agree to 17 periodically participate in court-conducted or court-approved refresher or advanced 18 training. The Court may, in its discretion, waive the training requirements upon 19 application by the individual. 20 3.3 Application for Appointment to Mediation Panel. An application 21 for appointment to the Mediation Panel may be obtained from the ADR Program 22 Director or downloaded from the Court's website, www.cacd.uscourts.gov. The 23 application shall be submitted to the ADR Program Director. 24 3.4 Appointment of Mediators to Panel. Mediators shall be appointed to 25 the Mediation Panel by the Court. A panel member may ask the ADR Program 26 Director at any time to have his or her name removed from the panel roster. The 27 Court may, in its sole discretion, remove any person from the Mediation Panel who 281 violates this Order, see Section 11, or is unable to commit sufficient time to, or 4. General Order No. 11-10 1 otherwise meet the requirements of, panel membership. 2 3.5 "Perm of Appointment. Appointment to the Mediation Panel shall be 3 for a term of two years. The term may be renewed at the discretion of the Court 4 upon the consent and re-application of the panel member. Panel members who do 5 not reapply for appointment at the expiration of the two-year term will be removed 6 from the panel roster. 7 3.6 Oath Required. Every mediator appointed to the Mediation Panel shall 8 take the oath or affirmation prescribed in 28 U.S.C. § 453. 9 3.7 Minimum Case Requirement. Panel members are expected to mediate 10 a minimum of two cases per appointment term. At least one case per term shall be a 11 case that has been assigned by the Court. Panel members who do not meet the 12 minimum case requirement will not be reappointed at the end of their term unless 13 they contact the ADR Program Director and establish good cause for reappointment. 14 3.8 Compensation. 15 (a) Volunteer time. Panel members shall volunteer their preparation 16 time and the first three hours of a mediation session. After three hours of a 17 mediation session, the panel member may (1) give the parties the option of 18 concluding the mediation; (2) continue the mediation and volunteer his or her time; 19 or (3) continue the mediation on such terms and rates as the panel member and all 20 parties agree. The mediation session will continue beyond three hours only if all 21 parties and the panel member agree. 22 (b) Payment. If the mediation session continues beyond three hours, 23 the terms and conditions of payment must be clearly communicated in writing to the 24 parties. The parties may agree to pay the fee in other than equal portions. The 25 parties must pay the mediator directly, or the mediator's law firm or employer, as 26 directed by the mediator. On a form survey provided by the Court (in the form 27 attached as "Exhibit r", see section 8.8 below), the mediator must promptly report to 28 the ADR Program the amount of payment received. 5 General Order No. 11-10 1 3.9 Limits on hole of Mediator. The panel member has no authority to 2 render a decision or to dictate a settlement. 3 3.10 Immunities. Panel members are performing quasi-judicial functions 4 and are entitled to the inununities and protections that the law accords to persons 5 serving in such capacity. 6 3.11 Disqualification of Mediators. 7 (a) Applicable Standards. No person may serve as a neutral in a 8 case in the Court's ADR Program in violation of: 9 (1) the standards set forth in 28 U.S.C. § 455; or 10 (2) any applicable standard of professional. responsibility or 11 rule of professional conduct; or 12 (3) other guidelines adopted by the Court concerning 13 disqualification of neutrals. 14 (b) Mandatory Disqualification and Notice of Recusal. A 15 prospective neutral who discovers a circumstance requiring disqualification must 16 immediately notify the parties and the ADR.Program Director in writing. The 17 parties may not waive a basis for disqualification that is described in 28 U.S.C. § 18 455(b). 19 (c) Disclosure and Waiver of Non-Alandatory Grounds for 20 Disqualification. If a prospective neutral discovers a circumstance that would not 21 compel disqualification under an applicable standard of professional responsibility 22 or rule of professional conduct or other guideline, or under 28 U.S.C. § 455(b), but 23 that might be covered by 28 U.S.C. § 455(a) (impartiality might reasonably be 24 questioned), the neutral shall promptly disclose that circumstance in writing to all 25 parties and the ADR Program Director. A party who has an objection to the neutral 26 based upon an allegation that the neutral has a conflict of interest must present this 27 objection in writing to the ADR Program Director within 10 calendar days of 28 learning the source of the potential conflict or shall be deemed to have waived 6 General Order No. I I A 0 1 objection. 2 (d) Objections Not Based on Disclosure By Neutral. Within 7 days 3 of learning the identity of a proposed neutral, a party who objects to service by that 4 neutral must deliver to the ADR Program Director and to all other counsel a writing 5 that specifies the bases for the objection. The ADR Program Director shall 6 determine whether the proposed neutral will serve or whether another neutral should 7 be appointed. 8 3.12 Related Cases/Multiple Cases with Common Party. A panel 9 member may conduct a mediation for a group of related cases or a group of cases 10 with one common party if(1) all parties to all cases agree, in writing, (2) all parties 11 to all cases agree, in writing, to compensation terms and rates of the mediator, 12 subject to the limitations of section 3.8 above, and (3) the panel member discloses to 13 all parties the number of cases in which the panel member has previously conducted 14 mediations involving any of the parties participating in the current proceeding. 15 3.13 Members of Mediation Panel. All attorneys who are serving on the 16 Court's Attorney Settlement Officer Panel as of the date this Order becomes 17 effective shall automatically be appointed as members of the Mediation Panel after 18 they have taken the oath or affirmation prescribed in 28 U.S.C. § 453. 19 20 4. ADR PROGRAM GENERAL PROVISIONS 21 4.1 Referral to the Court's Mediation Panel. Cases may be referred to 22 the ADR Program for mediation with a neutral from the Mediation Panel in one of 23 two ways: 1) through the Court-Directed ADR Program, as described in section 5 24 below; and 2) under Civil L.R. 16-15, as described in section 6 below. 25 4.2 Description: Mediation. Mediation is a flexible, non-binding, 26 confidential process in which a neutral person (the mediator) facilitates settlement 27 negotiations. The mediator improves communication across party lines, helps 28 parties articulate their interests and understand those of their opponent, probes the 7 General Order No, 11-10 1 strengths and weaknesses of each party's legal positions, identifies areas of 2 agreement and helps generate options for a mutually agreeable resolution to the 3 dispute. A hallmark of mediation is its capacity to expand traditional settlement 4 discussion and broaden resolution options, often by exploring litigant needs and 5 interests that may be formally independent of the legal issues in controversy. 6 _ __ 4.3 Status of Discovery, Motions and Trial During the ADR Process. 7 Any case referred to the ADR Program continues to be subject to management by 8 the judge to whom it is assigned. Selection of a case for ADR has no effect on the 9 normal progress of the case toward trial. Referral of a case to ADR is not grounds 10 for avoiding or postponing any deadline or obligation imposed by the case 11 management order, unless so ordered by the Court. 12 4.4 Cases Assigned to a Magistrate Judge Pursuant to 28 U.S.C. 13 _ 636 c and the .Local Civil Rules. The provisions of this Order are applicable to 14 those cases that are assigned to a magistrate judge pursuant to 28 U.S.C. § 636(c) 15 and the Civil Local Rules if the magistrate judge determines that the case would 16 benefit from participation in the ADR Program. 17 4.5 Case Types Exempted. 18 The following case types shall not be referred to the Mediation Panel: 19 (a) habeas corpus and extraordinary writs; 20 (b) immigration and naturalization; 21 (c) prisoner civil rights; 22 (d) social security; 23 (e) petitions to enforce IRS summonses. 24 4.6 Cases Involving a Self-Represented Party. The Court, in its 25 discretion, may order a case involving a self-represcnted party to the Mediation 26 Panel. In such cases, within seven (7) days of the Order/Referral to ADR, the party 27 proceeding without a lawyer and the opposing counsel must arrange for a phone 28 conference with the ADR Program Director to discuss ADR options. 8 General Order No. 114 0 1 5. REFERRAL, OF CASES TO THE COURT-DIRECTED ADR 2 PROGRAM 3 5.1 Court-Directed ADR Program. With the exception of those case 4 types exempted in section 4.5 above and cases involving a party who is not 5 represented by counsel (see section 4.6), all civil cases which are assigned to judges 6 participating in the Court-Directed ADR Program are presumptively referred to the 7 Mediation Panel or a private dispute resolution process. The participating judges 8 are listed on the court website, www.caed.uscourts.gov, ADR section,under "List of 9 District Judges Participating in the ADR Program." In all such cases, a "Notice to 10 Parties of Court-Directed ADR Program" in the form attached as "Exhibit C" will 11 be provided to counsel at the time of the filing of the complaint or notice of removal 12 for service on all parties. Counsel are required to furnish and discuss with their 13 clients the "Notice to Parties: Court Policy on Settlement and Use of Alternative 14 Dispute Resolution" (the "ADR Notice to Parties") and the ADR options available 15 to them before the conference described in section 5.2 below. 16 5.2 The Parties' Duty to Consider ADR, Confer and Report. Unless 17 otherwise ordered, at the conference of the parties held pursuant to Fed. R. Civ. P. 18 26(f) and Civil L.R. 26-1, counsel shall meet and confer about whether their case is 19 best suited to a mediation with a neutral selected from the Mediation Panel or a 20 private mediation, and when the mediation should occur. See Civil L.R. 26-1(c). 21 The parties shall include their shared or separate views regarding the appropriate 22 ADR procedure and proposed date of the session in the written report required by 23 Fed. R. Civ. P. 26(f) and Civil L.R. 26-1. 24 5.3 Order/Referral to ADR. After considering the parties' written report 25 required by Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, the assigned judge will file an 26 Order/Referral to ADR, in the form attached as "Exhibit B." 27 5.4 Discretionary Referral. For cases that do not meet the criteria of 281 section 5.1 of this Order but which the assigned judge determines would benefit 9 General Order No, 11-10 1 from participation in this Program, the assigned judge may file an "Order/Referral to 2 ADR," in the form attached hereto as "Exhibit B." 3 5.5 Cases Transferred to a Judge Participating in the Court-Directed 4 ADR Program. For cases that are transferred to a judge participating in the 5 Court-Directed ADR Program, a "Notice to Parties of Court-Directed ADR 6 Program" in the form attached as "Exhibit C" will be provided to counsel at the time 7 of the transfer by the courtroom deputy clerk for the judge receiving the case. 8 5.6 Cases Transferred From a Judge Participating in the Court- 9 Directed ADR Program to a Judge Not Participating in the Court-Directed 10 ADR Program. The provisions of this section are applicable to those cases that 11 are transferred to a judge who is not participating in the Court-Directed ADR 12 Program but who determines that the case would benefit from and should.remain in 13 the Court-Directed ADR Program. If the judge who is not participating in the 14 Court-.Directed ADR Program determines that the transferred case would not benefit 15 from mediation with a neutral selected from the Mediation Panel or private 16 mediation, then an order vacating the referral in the form attached hereto as "Exhibit 17 D" will be prepared and filed by the courtroom deputy clerk for the judge receiving 18 the case. 19 5.7 Change in Ordered ADR Procedure. If all parties wish to request a 20 change from the ordered.ADR Procedure — from the Mediation Panel to private 21 mediation or from private mediation to the Mediation Panel —the parties shall file a 22 Request: ADR Procedure Selection (Exhibit A). In such instances, counsel shall 23 also notify the ADR Program Director of this change. 24 25 6. REFERRAL OF CASES TO ADR PROGRAM PURSUANT TO CIVIL 26 LOCAL RULE 16s-15.2 27 6.1 Cases Referred Pursuant to the Court-Directed ADR Program 28 Excepted. Nothing in this section shall apply to cases referred to the ADR 10 General Order No. 11-10 1 Program pursuant to the Court-Directed ADR Program. Rules for the Court- 2 Directed ADR Program are found in section five of this Order. 3 6.2 The Parties' Duty to Consider ADR, Confer,and Report. Unless 4 otherwise ordered, at the conference of the parties held pursuant to Fed. R. Civ. P. 5 26(f) and Civil L.R. 26-1, counsel shall meet and confer about which of the three 6 ADR procedures specified in Civil L.R. 16-15.4 (a settlement proceeding before the 7 assigned district judge or magistrate judge, the Mediation Panel or private 8 mediation) is best suited to the case and when the ADR session should occur. See 9 Civil L.R. 26-1(c). The parties shall include their shared or separate views 10 regarding the appropriate ADR procedure and proposed date of the session in the 11 written report required by Fed. R. Civ. P. 26(f) and Civil L.R. 26-1. This report 12 must be accompanied by a Request: ADR Procedure Selection, in the form attached 13 as "Exhibit A."See Civil L.R. 16-15.2. 14 6.3 Order/Referral to ADR. After considering the parties' written report 15 and Request: ADR Procedure Selection, the assigned judge will file an Order/ 16 Referral to ADR, in the form attached as "Exhibit B." 17 6.4 Referral to or Change in ADR at Any Time After Issuance of Initial 18 Case Management or Scheduling Order. At any time after issuance of the initial 19 case management or scheduling order and before entry of final judgment, if all 20 parties agree that referral to a particular ADR procedure is appropriate, or wish to 21 request a change to the ordered ADR procedure, the parties shall file a Request: 22 ADR Procedure Selection (Exhibit A). 23 24 7. SELECTION AND ASSIGNMENT OF MEDIATOR 25 7.1 Selection of Mediator. 26 (a) By Stipulation. The parties may stipulate to a mediator from the 27 Mediator Panel list maintained by the ADR Program Director and made available on 28 the Court's website. Upon obtaining the consent of the selected mediator, the 11 General Order No. 11-10 1 parties shall file a Stipulation Regarding Selection of Mediator, in the form attached 2 hereto as "Exhibit E." If the parties have not filed a Stipulation Regarding Selection 3 of Mediator within twenty-one (21) days from the Order/Referral to ADR, the ADR 4 Program Director will assign a mediator. 5 (b) By Assignment. If the parties are unable to stipulate to a 6 mediator, they may ask that the ADR Program Director assign a mediator from the 7 Panel list. Such request for assignment shall be made by filing a Stipulation 8 Regarding Selection of Mediator, in the form attached hereto as "Exhibit E." 9 7.2 Notice of Assignment of Mediator. A "Notice of Assignment of 10 Mediator" in the form attached hereto as "Exhibit F" shall be filed by the ADR 11 Program in every case in which a mediator from the Mediation Panel is selected by 12 the parties or assigned by the ADR Program Director. The ADR Program will 13 provide the panel member with a copy of the Notice of Assignment, a copy of the 14 current docket sheet and copies of any documents from the case file identified by 15 the panel member as being necessary for his or her preparation for the mediation. 16 17 8. ]PROCEDURES FOR SCHEDULING AND CONDUCTING THE 18 MEDIATION 19 8.1. Mediator's Initial Communication with Counsel. Within thirty (30) 20 days of the Notice of Assignment of Mediator, the panel member must communicate 21 with counsel to schedule the mediation session. The communication may take the 22 form of a brief joint telephone conference with counsel, as described below, or in 23 writing, at the mediator's discretion. A joint telephone conference with counsel 24 would likely include a discussion of the following matters: 25 (a) fixing a mutually convenient date, time and place for the 26 mediation; 27 (b) the procedures to be followed during the mediation; 28 (c) who shall attend the session on behalf of each party; 12 General Order No. 11-10 1 (d) what material or exhibits shall be provided to the mediator prior 2 to the mediation or brought by the parties to the mediation; 3 (e) any issues or matters that the mediator would like the parties to 4 address in their written mediation statements; 5 (f) page limitations for mediation statements; 6 (g) whether the parties are likely to want to continue beyond the 7 three pro bono hours offered by the panel member and, if so, the 8 terms and rates of the panel member (see section 3.8 above); and 9 (h) any other matters that might enhance the quality of the 10 mediation. 11 8.2 ' Notice: Date and Location of Mediation. Within thirty-five (35) days 12 of the Notice of Assignment of Mediator, the mediator shall advise the ADR 13 Program of the scheduled date of the mediation by filing a Notice of Mediation 14 Date, in the form attached as "Exhibit G," or by other communication. The 15 mediator shall strive to schedule the mediation for the earliest possible date after the 16 parties have had reasonable time to evaluate their case, thus minimizing the expense 17 of the litigation. The mediation must be completed within the time-frame ordered 18 by the assigned judge or, if no completion date has been ordered, no later than forty- 19 five (45) days before the Final Pretrial Conference. See Civil L.R. 16-15.2. 20 Counsel may seek a continuance of the ADR deadline from the assigned judge for 21 good cause. The Court shall provide suitable space for the mediation if a request is 22 made to the ADR Program Director. if, for any reason, the mediator is unable, 23 within thirty-five (35) days of the Notice of Assignment, to set a mediation date, the 24 mediator shall notify the ADR Program Director that a mediation could not be 25 scheduled. 26 8.3 Continuances and Rescheduling. No continuance or rescheduling 27 of the mediation shall be granted except upon agreement of the mediator. The ADR 28 1 Program Director shall be notified of any continuance or rescheduling of the 13 General Order No, 11-10 1 mediation. Any continuance of the mediation beyond the completion date ordered 2 by the judge or imposed by local rule must be approved by the assigned judge. 3 8.4 Mediation Statements. 4 (a) Content and Timing. At the request of the mediator, each party 5 shall submit directly to the mediator a confidential mediation statement no later than 6 seven (7) calendar days before the session. The mediation statement shall outline 7 the underlying facts of the dispute, the key legal issues in the case, possible areas of 8 agreement and options for settlement, and the settlement history of the dispute, if 9 any. The mediation statement shall also identify, by name, and title or status: 10 (1) the person(s) with decision-making authority who, in 11 addition to counsel, will attend the mediation on behalf of 12 the party; and 13 (2) person(s) connected with either party (including insurer 14 1 representatives) whose presence at the mediation might 15 substantially improve the productivity of the mediation or 16 the prospects for settlement. 17 (b) Confidential Nature of Statement. Mediation statements shall 18 be subject to the protection afforded by the confidentiality provisions contained in 19 section 9 below. Mediation statements must not be Filed and the assigned judge 20 shall not have access to them. The mediator may, with the consent of the parties, 21 request that counsel serve the statements on other parties to the lawsuit. 22 8.5 Appearance b, Party Representative. Each party shall appear at the 23 mediation in person or by a representative with final authority to settle the case, 24 which in the case of lawsuits brought against the United States or any of its agencies 25 as a party, shall involve the attendance of an attorney charged with responsibility for 26 the conduct of the case and who has final settlement authority as provided by his or 27 her superiors. A corporation or other non-governmental entity satisfies this 28 attendance requirement if represented by a person who has final settlement authority 14 General Order No. 11-10 1 and who is knowledgeable about the facts of the case. Representatives of insurers 2 with decision-making authority are required to attend mediation sessions, unless 3 personal attendance is excused by the mediator. At the discretion of mediator, and 4 only with the mediator's express authorization, parties residing outside the Central 5 District may have a representative with final settlement authority available by 6 telephone during the entire proceeding, in lieu of personal appearance. See Civil 7 L.R. 16-15.5(b). 8 8.6 Attendance of Trial,Attorney. Each party shall be represented at 9 the mediation by the attorney who is expected to try the case, unless excused for 10 good cause by the mediator, in accordance with Civil L.R. 16--15.5(c). 11 8.7 Participant Surveys. At the time of the mediation, the mediator shall 12 distribute to each litigant and attorney an "ADR Program Participant Survey" in the 13 form attached hereto as Exhibit J, to be returned directly to the ADR Program. The 14 Participant Surveys are not to be fled with the Court. 15 8.8 Attendance Sheet and `Survey for Mediators and Report of 16 Payment.' The mediator shall collect contact information from each mediation 17 participant on the Mediation Attendance Record in the form attached hereto as 18 "Exhibit H." The mediator shall submit the completed form directly to the ADR 19 Program, with the "Survey for Mediators and Report of Payment," in the form 20 attached hereto as "Exhibit 1." The Mediation Attendance Record and Mediator 21 Survey are not to be filed with the court. The ADR Program will use the 22 Attendance Record to follow up with those participants of the mediation session 23 who have not yet returned an "ADR Program Participant Survey," in the form 24 attached hereto as "Exhibit J." 25 8.9 Report to the Court. Within five days after the conclusion of the 26 mediation session, the mediator shall electronically file with the Court a "Mediation 27 Report" in the form attached hereto as "Exhibit K," advising the Court as to whether 28 the parties appeared at the mediation as required by Civil L.R. 16-15.5(b) and 15 General Order No. 11-10 1 whether or not the case settled. Regardless of the outcome of the mediation session, 2 the mediator will not provide the judge with any details of the substance of the 3 mediation session. With the tiling of the Mediation Report, the parties are advised 4 that they must notify the trial judge's courtroom deputy clerk of the fact of 5 settlement and promptly file documents regarding the final disposition of the case. 6 See Civil L.R. 16-15.7. 7 If no mediation was held, the mediator shall electronically file with the Court 8 a Mediation Report, indicating that a mediation did not take place. If the case did 9 not settle at the mediation session but is later settled with the assistance of the 10 mediator, the mediator shall file a subsequent Mediation Report. 11 12 9. CONFIDENTIALITY 13 9.1 Confidential 'Treatment. Except as provided in section 9.2 below, this 14 Court, the mediator, all counsel and parties, and any other persons attending the 15 mediation shall treat as "confidential information" the contents of the written 16 mediation statements, any documents prepared for the purpose of, in the course of, 17 or pursuant to the mediation, anything that happened or was said relating to the 18 subject matter of the case in mediation, any position taken, and any view of the 19 merits of the case expressed by any participant in connection with any mediation. 20 "Confidential information" shall not be: 21 (a) disclosed to anyone not involved in the litigation; 22 (b) disclosed to the assigned judges; or 23 (c) used for any purpose, including impeachment, in any pending or 24 future proceeding in this court or any other foram. 25 9.2 Limited Exceptions to Confidentiality. This rule does not prohibit: 26 (a) disclosures as may be stipulated by all parties and the mediator; 27 (b) disclosures as may be stipulated by all parties, without the 28 consent of the mediator, for use in a subsequent confidential 16 General Order No. 11-10 1 ADR or settlement proceeding; 2 (c) a report to or an inquiry by the ADR Judge pursuant to sections 3 10 and 11 below, regarding a possible violation of policies and 4 procedures governing the ADR Program; 5 (d) the mediator from discussing the mediation process with the 6 ADR Program. staff, who shall maintain the confidentiality of the 7 process; 8 (e) any participant or the mediator from responding to an 9 appropriate request for information duly made by persons 10 authorized by the Court to monitor or evaluate the Court's ADR 11 program; 12 (f) disclosures as are required by this Order, related ADR forms, 13 and as otherwise required by law; or 14 (g) in an action or proceeding to enforce a settlement, the admission 15 of a written settlement agreement or a settlement placed on the 16 record, reached as a result of mediation. 17 9.3 Confidentiality Agreement. The mediator may ask the parties and all 18 persons attending the mediation to sign a confidentiality agreement on a form 19 provided by the Court and attached as "Exhibit L." The confidentiality provisions 20 of this section apply regardless of whether a confidentiality agreement is signed. 21 9.4 Sc op Nothing in this rule is intended to limit any applicable privilege 22 or rule of evidence designed to protect mediation confidentiality, and any such 23 broader protection shall control if applicable. See Civil L.R. 16-15.8. 24 25 10. VIOLATIONS OF THIS ORDER BY COUNSEL OR A PARTY 26 10.1 Informal Resolution. Without prejudice to the use of more formal 27 procedures set forth in sections 10.2 and 10.3 below, a complaint alleging that any 28 person or party has materially violated this Order may be presented informally to the 17 General Order No. 11-10 1 ADR Program Director, who will attempt to resolve the matter to the satisfaction of 2 all concerned. 3 4 10.2 Reporting_Violation. 5 A formal complaint alleging that any person or party has materially violated 6 this Order must be presented in writing (not electronically) to the ADR Program 7 Director, who will refer the matter to the ADR Judge. The letter of complaint must 8 be accompanied by a competent declaration. Copies of the letter and declaration 9 must be sent contemporaneously to all other parties. If the assigned judge is the 10 ADR Judge, the ADR Program Director will refer the letter of complaint and 11 declaration to the Vice Chair of the ADR Committee or the Vice Chair's designee. 12 The declaration must be marked "Confidential-Not to be Filed" and must neither be 13 filed nor disclosed to the assigned judge. 14 10.3 Proceeding in Response to Complaint or Report of Violation and 15 Sanctions. If, upon receiving an appropriately presented and supported complaint 16 or report of a material violation of this Order, the ADR Judge determines that the 17 matter warrants further proceedings, the ADR Judge may refer the matter to the 18 ADR Program Director to explore the possibility of resolving the complaint 19 informally in accordance with section 10.1 above. If no such referral is made, or if 20 the matter is not resolved informally, the ADR Judge for this matter shall take 21 appropriate action. The ADR Judge may issue an order to show cause why 22 sanctions should not be imposed. Any such sanctions proceedings shall be 23 conducted on the record but under seal. The ADR Judge will afford all interested 24 parties an opportunity to be heard before deciding whether to impose sanctions. 25 26 11. VIOLATION OF THIS ORDER BY A PANEL MEMBER 27 111 General Provision. This rule is intended to promote the fair and 28 timely resolution of complaints related to a mediator's performance in discharging 18 General Order No. I 1-10 1 his or her duties as a panel member, This section shall not limit the Court's 2 authority to, in its sole discretion, determine who may be included on or removed 3 from the panel or to take any other action not specifically contemplated by this 4 section, in order to ensure that the quality of services provided by the Court 5 Mediation Panel is commensurate with the Court's expectations and consistent with 6 the Court's role in the administration of justice. 7 11.2 Confidentiality of Complaint Proceedin s. No information or 8 record concerning the receipt, investigation or resolution of any complaint made 9 under this section may be open to the public. The Court shall maintain sufficient 10 information about each complaint and its disposition to identify any history or 11 patterns of complaints submitted under this section. 12 11.3 Informal Complaints. Informal complaints regarding a panel 13 member's performance shall be brought to the attention of the ADR Program 14 Director, who will conduct a preliminary review to determine whether the complaint 15 can be informally resolved or merits a formal investigation. 16 11.4 Formal Complaint Set Forth in Writing. Any complaint regarding a 17 panel member's performance that cannot be resolved informally shall be submitted 18 in writing to the ADR Program Director. The complaint is not to be filed nor 19 presented to the assigned judge. The complaint shall describe with particularity the 20 matter, conduct and circumstances triggering the complaint. The ADR Program 21 Director shall send the complainant a written acknowledgment that the complaint 22 has been received. 23 11.5 Proceedings in Response to Formal Complaint. The ADR 24 Committee shall promptly review the complaint to determine whether the matter 25 warrants further investigation. If the ADR Committee determines that further 26 investigation is warranted, the ADR Judge shall conduct an investigation, or appoint 27 a subcomnuttee of ADR Committee members to conduct an investigation, and 281 present a report of the investigation to the full committee. As part of such 19 General Order No. 11-10 1 investigation, the panel member shall be afforded an opportunity to respond to the 2 complaint. Upon conclusion of the investigation and receipt of the report, the ADR 3 Committee shall make a final determination as to what, if any, action shall be taken. 4 11.6 Notice of Final Action in Response to Formal Complaint. The 5 Court shall notify the complainant and the panel member, in writing, of the final 6 disposition of the complaint. 7 8 12. EFFECTIVE DATE 9 This General Order shall become effective on December 1, 2011. 10 11 IT IS SO ORDERED. 12 13 14 CHIEF UNITED STATES DISTRICT JUDGE 15 16 Date of Approval by the Court: August 12, 2011 17 18 Date of Filing by the Clerk: August 15, 2011 19 20 21 22 23 24 25 26 27 28 20 Exhibit A Name,Address and Telephone Number of Attorney(s): UNITED STATES DISTRICT COURT CENTRAL;DISTRICT OF CALIFORNIA CASE NUMBER V. Plaintiff(s) REQUEST: ADR PROCEDURE SELECTION Defendant(s). Pursuant to Civil L.R.16-15, the parties request that the Court approve the following ADR procedure: ❑ ADR PROCEDURE NO. 1 - The parties shall appear before the ❑ district)edge or ❑ magistrate judge assigned to the case for such settlement proceedings as the judge may conduct or direct. ❑ ADR PROCEDURE NO. 2 - The parties shall appear before a neutral selected from the Court's Mediation Panel for mediation. ❑ ADR PROCEDURE NO. 3 - The parties shall participate in a private dispute resolution proceeding. Dated: Attorney for Plaintiff Dated: Attorney for Plaintiff Dated: Attorney for Defendant Dated: Attorney for Defendant NOTE: If additional signatures are required,attach an additional page to this request. ADR-01 (01/12) REQUEST:ADR PROCEDURE SELECTION __ page 1 of 1 Exhibit B UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NUMBER Plaintiff(s) V. ORDER/REFERRAL TO ADR Defendant(s}, The Court,having considered the parties' Request: ADR Procedure Selection,the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-I, hereby: ORDERS this case referred to: ❑ ADR PROCEDURE NO. 1: (❑ district judge or❑magistrate judge assigned to the case for such settlement proceedings as the judge may conduct or direct). ❑ ADR PROCEDURE NO. 2: This case is referred to the ADR Program. Within twenty- one (21) days,plaintiff shall obtain the consent of a neutral listed on the Court's Mediation Panel who will conduct the mediation, and file form ADR-2, Stipulation Regarding Selection of Panel Mediator. If the parties have not selected and obtained the consent of a Panel Mediator within twenty-one (21) days, the ADR Program (213-894.2993) will assign one, Forms and a list of the Panel Mediators are available on the Court website,www.cacd. uscourts.gov. Absent extraordinary circumstances,parties cannot request a continuance within three (3) business days of a scheduled mediation. ❑ ADR PROCEDURE NO. 3 : (Private mediation). The ADR proceeding is to be completed no later than: The Court further sets a status conference for: For ADR Procedure Nos. I and 3, counsel are responsible.for contacting the judge or private mediator at the appropriate time to arrange for further proceedings. Dated: United S fates District Judge/Magistrate Judge ADR-12(01112) ORDER/REFERRAL TO ADR Page 1 of 1 Exhibit C UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NUMBER PLAINTIFFS) V. NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM DEFENDANT(S). NOTICE TO PARTIES: It is the policy of this Court to encourage settlement of civil litigation when such is in the best interest of the parties. The Court favors any reasonable means,including alternative dispute resolution (ADR), to accomplish this goal.See Civil L.R 16-15. Unless exempted by the trial judge, parties in all civil cases must participate in an ADR process before trial. See Civil L.R. 16-15.1. The district judge to whom the above-referenced case has been assigned is participating in an ADR Program that presumptively directs this case to either the Court Mediation Panel or to private mediation. See General Order No. 11-10, §5. For more information about the Mediation Panel, visit the Court website, www.cacd.uscourts.gov, under "ADR." Pursuant to Civil L.R. 26-1(c), counsel are directed to furnish and discuss with their clients the attached ADR Notice To Parties before the conference of the parties mandated by Fed.R.Civ.P. 26(f). Based upon the consultation with their clients and discussion with opposing counsel, counsel must indicate the following in their Joint 26(f) Report; 1) whether the case is best suited for mediation with a neutral from the Court Mediation Panel or private mediation; and 2) when the mediation should occur. See Civil L.R. 26-1(c). At the initial scheduling conference, counsel should be fully prepared to discuss their preference for referral to the Court Mediation Panel or to private mediation and when the mediation should occur. The Court will enter an Order/Referral to ADR at or around the time of the scheduling conference. Clerk, U.S. District Court Dated; By. Deputy Clerk ADR 03(05113) 1NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM �� UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA NOTICE TO PARTIES: COURT POLICY ON SETTLEMENT AND USE OF ALTERNATIVE DISPUTE RESOLUTION (ADR) Counsel are required to furnish and discuss this Notice with their clients. Despite the efforts of the courts to achieve a fair, timely and just outcome in all cases, litigation has become an often lengthy and expensive process. For this reason, it is this Court's policy to encourage parties to attempt to settle their disputes, whenever possible, through alternative dispute resolution (ADR). ADR can reduce both the time it talces to resolve a case and the costs of litigation, which can be substantial. ADR options include mediation, arbitration (binding or non-binding), neutral evaluation (NE), conciliation, mini-trial and fact-finding. ADR can be either Court-directed or privately conducted. The Court's ADR Program offers mediation through a panel of qualified and impartial attorneys who will encourage the fair, speedy and economic resolution of civil actions. Panel Mediators each have at least ten years of legal experience and are appointed by the Court. They volunteer their preparation time and the first three hours of a mediation session. This is a cost-effective way for parties to explore potential avenues of resolution. This Court requires that counsel discuss with their clients the ADR options available and instructs them to come prepared to discuss the parties' choice of ADR option (settlement conference before a magistrate judge; Court Mediation Panel;private mediation) at the initial scheduling conference. Counsel are also required to indicate the client's choice of ADR option in advance of that conference. See Civil L.R. 26-1(c) and Fed.R.Civ.P. 26(f). Clients and their counsel should carefully consider the anticipated expense of litigation, the uncertainties as to outcome, the bane it will take to get to trial, the time an appeal will take if a decision is appealed, the burdens on a client's time, and the costs and expenses of litigation in relation to the amounts or stakes involved. With more than 15,000 civil cases filed in the Distract in 2012, less than 1 percent actually went to trial. Most cases are settled between the parties;voluntarily dismissed; resolved through Court-directed or other forms of ADR; or dismissed by the Court as lacking in merit or for other reasons provided by law. For more information about the Court's ADR Program,the Mediation Panel, and the profiles of mediators, visit the Court website, www.cacd.uscourts.gov, under"ADR." ADR-03(05113) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM Exhibit D UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NUMBER: V. PLAINTIFFS) NOTICE TO PARTIES OF COURT-DIRECTED DEFF.NDANT(5), ADR PROGRAM-VACATING REFERRAL TO:ALL PARTIES OF RECORD Reference of the above-captioned case to the Court-Directed ADR Program, General Order No. 11-I0, § 5, is vacated.All further ADR procedures in this action shall be pursuant to General Order No. II-10, § 6, and Civil L.R. 16-15, Clerk, U.S. District Court Dated: By: Deputy Clerk A.DR-14�01I12) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM-VACATING REFERRAL Page e1of1 Exhibit E UNITED STATES DISTRICT COURT CENTRAI.DISTRICT OF CALIFORNIA CASE NUMBER: Plaintiff(s) V. STIPULATION REGARDING SELECTION OF PANEL MEDIATOR Defendant(s). CHECK ONLY ONE SOX: ❑ The parties stipulate that may serve as the Panel Mediator in the above-captioned case. Plaintiff has obtained the Panel Mediator's consent to conduct the mediation, ❑ The parties request that the ADR Program staff assign to the above-captioned case a Panel Mediator with expertise in the following area of law : Dated: Attorney For Plaintiff Dated: Attorney For Plaintiff Dated: Attorney For Defendant Dated: Attorney For Defendant 1 Attorney for Plaintiff to electronically file original document. ADR-02(01/12) STIPULATION REGARDING SELECTION OF PANEL MEDIATOR Page 1 of 1 Exhibit F UNITED STATES DISTRICT COURT CENTRAL,DISTRICT OF CALIFORNIA CASE NUMBER V. Plaintiff(s) NOTICE,OF ASSIGNMENT OF PANEL MEDIATOR Defendant(s). is assigned to serve as the Panel Mediator in the above captioned case. This assignment is made because: ❑ The parties have stipulated to appointment of the Panel Mediator. ❑ The ADR Program staff has assigned the Panel Mediator. The mediation in this case is to be completed no later than: ❑ , as ordered by the assigned judge. ❑ forty-five days prior to the final pretrial conference, consistent with Civil L.R. 16-15.2. Counsel shall familiarize themselves with the requirements of General Order No. 11-10 which governs the ADR Program. Within thirty(30) days of this Notice, the Mediator will communicate with counsel to set the date of the mediation within the time requirements set forth above. See General Order No. 11-10, §8.1. Counsel are reminded that the written mediation statements which may be required by the Mediator (see General Order No. 11-10, §8.4) shall NOT be filed with the Court. Counsel are further reminded that each party shall appear at the mediation in person or by a representative with final authority to settle the case. See General Order No. 11-10, §8.5. Clerk, U.S. District Court Dated: By: ADR Program Director ADR Program Office to electronically file original and cc:Mediator ADR-11(01/12) NOTICE OF ASSIGNMENT"OF PANEL MEDIATOR Page 1 of I Exhibit G UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NUMBER: V. Plaintiff(s) NOTICE OF MEDIATION DATE Defendant(s). YOU ARE HEREBY NOTIFIED THAT THE PANEL MEDIATOR HAS SCHEDULED A MEDIATION IN THE ABOVE-CAPTIONED CASE for at ❑a.m, / ❑p.m, LOCATION: The mediation session must be completed and an ADR-03 Report must be filed on or before the Court-ordered Withpletion date. Continuances are not favored and can only be granted by the Mediator up to the Court-ordered completion date. Absent extraordinary circumstances,parties cannot request a continuance within three (3) business days of a scheduled mediation, Dated: _ Panel Mediator: Address: Phone: ADR-13(01112) NOTICE OF MEDIATION DATE Page I of 1 Exhibit H Form ADR-18: Mediation Attendance Form. Deleted 8/29/13 The Court deleted form ADR-18.Mediation Attendance Form. Exhibit I Form ADR-16: Survey for Mediators and Report of Payment Deleted 8/29/13 The Court deleted and replaced the form ADR-16, Survey for Mediators and Report of Payment, with an online system (Survey Monkey)to capture the responses to surveys from Panel Mediators. The survey is available on the ADR page of the Court website. Exhibit J Form ADR-15: ADR Program Participant Survey Deleted 8/29/13 The Court deleted and replaced the form ADR-15,ADR Program Participant Survey, with an online system (Survey Monkey)to capture the responses to surveys from mediation participants. The survey is available on the ADR page of the Court website. Exhibit K UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NUMBER Plaintiff(s) V. MEDIATION REPORT Defendant(s), Instructions: The mediator shall file this Report within 5 days after the conclusion of a mediation session even if the negotiations continue. If the case later settles with the assistance of the mediator, the mediator shall file a subsequent Report. 1. ❑ A mediation was held on (date): ❑ A mediation did not take place because the case settled before the session occurred, 2. The individual parties and their respective trial counsel,designated corporate representatives, and/or representatives of the party's insurer: ❑ Appeared as required by Civil L.R. 16-15.5(b). ❑ Did not appear as required by Civil L.R. 16-15(b). ❑ Plaintiff or plaintiffs representative failed to appear. ❑ Defendant or defendant's representative failed to appear. ❑ Other: 3, Did the case settled? ❑ Yes, fully. ❑ Yes,partially, and further facilitated discussions are expected. (See No. 4 below.) ❑ Yes, partially, and further facilitated discussions are not expected. ❑ No, and further facilitated discussions are expected. (See No. 4 below.) ❑ No,and further facilitated discussions are not expected, 4. If further facilitated discussions are expected,by what date will you check in with the parties? (date:) Dated: Signature of Mediator Name of Mediator(print) The Mediator is to electronically file original document. ADR-03(03/12) MEDIATION REPORT Page Iof1 Exhibit L UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NUMBER: Plaintiff(s) V. MEDIATION CONFIDENTIALITY AGREEMENT Defendant(s). THIS AGREEMENT IS NOT TO BE FILED WITH THE COURT. Consistent with Central District of California Civil L.R. 16-15, General Order 11-10,related Federal Rules of Evidence and to the extent applicable,California Evidence, Code Sections 703.5 and 1115-1128,the participants in mediation in the above-captioned case agree that: 1. No written or oral communication made by any party, attorney,mediator or other participant in a mediation in the above-named case may be used for any purpose in any pending or future proceeding unless all parties,including the mediator, so agree. 2. The parties agree that evidence admissible or subject to discovery or disclosure shall not be inadmissible or protected from disclosure solely by reason of its introduction or use in the mediation. Disclosure of information that otherwise is privileged shall not alter its privileged character. 3. The parties shall not subpoena the mediator or any documents submitted to or prepared by the mediator in connection with or during the mediation. The mediator shall not testify voluntarily on behalf of a party. 4. This agreement shall not preclude the reporting of information to the Central District of California ADR Program Office pursuant to General Order 11-10. 5. In an action or proceeding to enforce a settlement,this agreement shall not render inadmissable a written settlement agreement, or a settlement placed on the record, reached as a result of the mediation. Dated: Print Name Print Name Signature Signature — Email address Email address Describe Role in Mediation Describe Role in Mediation ADR--17 (WO) MEDIATION CONIIDENAAGREEMENT _ Aage 1 of 2 } Print Name Print Name Signature Signature Email address Email address I Describe Role in Mediation Describe Role in Mediation Print Naive Print Name Signature Signature Email address Email address Describe Role in Mediation Describe Role in Mediation Print Name Print Name Signature Signature Email address Email address Describe Role in Mediation Describe Role in Mediation Print Name Print Name Signature Signature Email address Email address Describe Role in Mediation Describe Role in Mediation NOTE:If additional signatures are required,attach an additional page to this request. ADRADR-17 (6(07/13) MEDIATION CONFIDENTIAL ITY AGREEMENT Page 2 of 2 Becerra, Alexis From: Jackie Angel Investor < Sent: Friday, October 3, 2025 12:35 PM To: eComment; publiccomment@anaheim.net Cc: Vazquez, Benjamin; Ryberg, Erinn; nrubalcava@anaheim.net Subject: Audit re: Santa Ana Police Officers Association Political Action Committee Attachments: 1000007974.png -Attention: This email originated from outside of City of Santa Ana.Use caution when opening attachments or links. Remember this Erinn Ryberg?? We Never Forget. Your silence will never be forgotten. We greatly abhor our dollars going to sexual predators, corrupt politicians and pedophiles. Chief of Staff-Assemblymember Avelino Valencia • California State Assembly erinn.ryberg@asm.ca.gov Capitol Office Phone: (916) 319-2068 David Pena loza for Assembly 2026 Committee for Candidate David Penaloza $11,800.00 Avelino Valencia $5,900.00 Americas Physician Groups CA $5,900.00 Anaheim Police Association $5,900.00 James Ramos INDIVIDUAL $5,900.00 Santa Ana Police Officers Association https://www.tra nspa rencyusa.org/ca/committee/david-pena loza-for-assembly-2026-1477969- ctl/contributors Avelino Valencia for Senate 2026 Committee for Candidate Avelino Valencia $443,189 Cash on Hand $509,166 Total Contributions $122,244 https://www.transparencvusa.org/ca/committee/avelino-valencia-for-senate-2026-1477383-ctl/contributors Request 25-2399 (64 files can be found here) Please provide Form 460 for the Santa Ana Police Officers Association Political Action Committee and Independent Expenditure Committee from 2013 to their most recent 460 filing. Please send me the original files, thank you. (City of Santa Ana website and financial reports is horrible by the way) -Matthew Cunningham dba "Orange County Independent, OC Independent, Anaheim Observer" -Art Pedroza dba "New Santa Ana" -Patricia Wenskunas dba "Crime Survivors Inc., Crime Survivors Action PAC" https://citVofsantaanaca.nextrequest.com/requests/25-2399 1 Furthermore, while all of this was occurring, the Santa Ana Police Officers Association Independent Expenditure Committee funneled $15,900 into the state treasurer's bid to get re-elected, making them one of her biggest campaign contributors. https://anaheim investigator.com/2022/02/03/ca lifornia-state-treasurer-backed-two-new-laws-to-help-santa- ana-police-union-president-increase-his-pension/ In a highly unusual move, the Santa Ana Police Officers Association, under the leadership of Gerry Serrano, their president, spent approximately$2,500 in a failed effort to help then-future Councilman Avelino Valencia III get re-elected to his seat on the Central Committee of the Orange County Democratic Party in March 2020, according to campaign finance reports filed with the City of Santa Ana on July 31st of that year. https://anaheim investigator.com/2021/12/21/sa nta-ana-police-union-spent-2500-to-help-re-elect-future- councilman-to-democratic-party-centra I-committee/ Two letters The Anaheim Investigator obtained from the California Public Employees Retirement System (CaIPERS) through the public records act show that six members of the state legislature not only quietly lent their names in support of a bid by Gerry Serrano, president of the Santa Ana Police Officers Association, to increase his future pension earnings, but circumstantial evidence suggests at least five of them received hefty campaign contributions in return for their efforts. https://anaheim investigator.com/2022/06/13/six-state-legislators-signed-letters-backing-santa-ana-police- union-presidents-bid-to-increase-pension/ The state of California has agreed to pay a former employee $350,000 to settle her claims that Democratic state Treasurer Fiona Ma sexually harassed her. https://www.cbsnews.com/sacramento/news/caIifornia-settles-sexual-harassment-claims-against-state- treasurer-fiona-ma/ Councilman Avelino Valencia III quietly employed Tina Arias Miller, the girlfriend of a top associate to Gerry Serrano, president of the Santa Ana Police Officers Association, as a "Senior Policy Aide" https://anaheiminvestigator.com/2022/11/03/anaheim-city-councilman-quietly-employed-girlfriend-of-top- serrano-associate-as-senior-policy-aide/ Anaheim City Council Natalie Rubalcava is quietly no longer working for California Assemblyman Avelino Valencia as his district director. https://voiceofoc.org/2023/12/anaheim-city-councilwoman-natalie-rubalcava-quietly-out-as-state- assemblymans-district-director/ #AnaheimAudit 2023-133 City of Anaheim It Has Not Properly Managed Tourism-Related Contracts and Millions of Dollars in Related Funds The city entered into contracts with and disbursed more than $100 million to Visit Anaheim, and the Chamber received from both the city and Visit Anaheim more than $6 million in public funds from fiscal years 2012-13 through 2021-22. In general, we determined that the city lacked a meaningful contract monitoring process and did not properly manage the contracts it entered into with these entities, resulting in unallowable spending and unmet deliverables. https://www.auditor.ca.gov/reports/2023-133/ The felony charge alleged Todd Ament defrauded a cannabis company by pocketing a portion of$225,000 intended to lobby Anaheim to legalize 2 https://www.latimes.com/socaI/daily-pilot/entertainment/story/2025-09-27/anaheim-todd-ament-cannabis Former Anaheim Chamber CEO Todd Ament getting new plea deal that might reduce charges https://www.ocregister.com/2025/08/08/former-anaheim-chamber-ceo-todd-ament-getting-new-plea-deal- that-might-reduce-charges/ 3 12:18 25% Q erinn ryberg Erinn Ryberg - Legislative and Regulatory Advocate for Health Policy at Associatio... Sacramento, California, United States - Chief of Staff - Assemblymember Avelino Valencia - California State Assembly Legislative and Regulatory Advocate for Health Policy at Association of California Life and Health Insurance Companies Experience: California State ... Images ,. 1 o ♦ 1r T, Meet Erinn Ryberg,JD '13 Erinn Ryberg - Legislative and ... Q YouTube © Linkedln Ali Home Search Notifications Activity Becerra, Alexis From: Jackie Angel Investor < Sent: Friday, October 3, 2025 12:53 PM To: eComment Cc: Vazquez, Benjamin; Ryberg, Erinn Subject: Re: Santa Ana Police Officers Association Political Action Committee Audit Attention: This email originated from outside of City of Santa Ana.Use caution when opening attachments or links. Public Records Request Request 25-2351 -1 request all call records between ICE agents and SAPID the night of 9/18/25 outside 34 CIVIC CENTER -1 request all written records and bodycam footage, helicopter/drone footage of the tactical alert response the night of 9/18/25 outside Fed Headquarters 34 CIVIC CENTER where SAPID brutally arrested 2 more of our Women for protesting the kidnapping of OUR FATHER by armed terrorists. -1 request all correspondence between ICE agency and SAPID in regards to continual contracted attacks/kidnappings at Bristol Car Wash 2402 S Bristol St, Santa Ana, CA 92704 Where SAPID is paid a bounty to stand down like cowards and let armed ICE thugs repeatedly sneak into our city and terrorize us and kidnap us and break our families apart for some double overtime. I request all information available on these 3 instances be given swiftly, without any redactions. SANTA ANA PD FIRED HERE #QProofs Notice Served 9/19/25 6 pm Bristol Street, Santa Ana California @CityofSantaAna Daniel Durham: I demand an immediate internal investigation into the arrests of 2 more of our Women by thug SAPID members the night of 9/18/25 outside 34 CIVIC CENTER Request closed Items 1 and 2 of your request are denied. The records you requested are exempt from disclosure pursuant to Cal Gov Code §7923.6005(a) and 7923.600(a) as they are related to an active investigation and disclosure would interfere with successful completion of the investigation and adjudication of the case. October 1, 2025, 5:09pm by Jessica Antes, Records Manager(Staff) https://citVofsantaanaca.nextrequest.com/requests/25-2351 Public Records Request 25-2418 Dear City Clerk, Santa Ana residents want to know this Public Records Request System. Why many public records are missing within the portal. Plus, why the general public cannot access the files and information once the request has been fulfilled. I was told I have to submit another public request to access information someone else already requested. That is absolutely ridiculous. I have had to call several times and sometimes the city clerk office "manually" makes the information available and it is viewable after that, but only after I call the gatekeeper to the magic public information. Councilmember Lopez specifically asked for PRA 25-1969, which I do not see listed, along with many other chronological records. Thank You Request closed i Your request does not fall within the scope of the Public Records Act and will be closed without further response. October 1, 2025, 5:01pm by Norma Orozco, Sr. Deputy City Clerk (Staff) https://cityofsantaanaca.nextreguest.com/requests/25-2418 Public Records Request 25-2397 Which account does the ongoing parking structure deficit get charged to? Also, please provide detailed Expenditures Report for Structures AND Meters City of Santa Ana Fiscal Year 7/2024-6/2025 Parking Structures Revenue $1,350,914.61 Parking Structures Expenditures $1,879,202.48 -$528,287.87 Request closed Attached are the unaudited revenue and expenditure detailed reports for fiscal year 2024-2025 for the Parking Enterprise Fund. The Parking Enterprise consists of Parking Meters, Parking Structures and Downtown Enhancements. Any deficit balances will reduce the cash balance of the Parking Enterprise Fund. All responsive records have been released, and your request has been fulfilled. October 2, 2025, 2:35pm by Bianca Zurita, Executive Secretary (Staff) https://cityofsantaanaca.nextreguest.com/requests/25-2397 z Becerra, Alexis From: Jackie Angel Investor < Sent: Friday, October 3, 2025 7:25 PM To: eComment; Durham, Daniel Cc: Vazquez, Benjamin Subject: COMPLAINT FOR DAMAGES v City of Santa Ana, Officer Cristal Gutierrez, et al., Attachments: Jodi Thorn v. City of Santa Ana pgs 1-11.pdf -Attention: This email originated from outside of City of Santa Ana.Use caution when opening attachments or links. lawsuit attached CITY OF SANTA ANA; CRISTAL GUTIERREZ; and 2. Defendant. CRISTAL GUTIERREZ is an individual residing in the City of Santa Ana, County of Orange, State of California and, at all times herein, was a police officer employed by Defendant, CITY OF SANTA ANA, the times, places, :and in the :manner as aforesaid, CRISTAL GUTIERREZ negligently and carelessly drove the motor vehicle entrusted to her by the CITY OF SANTA ANA, while CRISTAL GUTIERREZ was acting within the course and scope of her employment with the CITY OF SANTA ANA; and CRISTAL GUITERREZ thereby negligently and carelessly caused Plaintiff to suffer personal injuries and related damages. AGAINST OTHER ACTORS ONLY Negligence) 37, As a. direct and proximate result of the negligence of defendants, and each of then', Plaintiff JODI THORN was hurt and injured in her health, strength, and activity; sustaining injury to her nervous system and person, all of which injuries have caused, and continue to cause, Plaintiff great mental, physical, and nervous pain and suffering, its a result of such injuries, Plaintiff has suffered general damages in an amount in excess of the jurisdictional minimum of this Court, 7. Plaintiff hereby demands a jury trial. i Electronically Filed by Superior Court of California, County of Orange, 02/16/2024 03:35:42 PM. 30-2024-01380358-CU-PA-CJC - ROA#t 4 -DAVID H. YAMASAKI, Clerk of the Court By A. Gill, Deputy Clerk. SUM-100 SUMMONS FOR COURT USE ONLY (CiTA crony JUDICIAL) (SOLO PARA USO DE LA CORTf J NOTICE TO DEFENDANT: (A,VIS0 AL DEMANDADO): J Y CLERK; City of Santa Ana; Cristal Gutierrez; and DOES 1 through 100, inclusive, YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): Jodi Thorn, NOTICE[You have been sued.The court may decide against you without your being heard unless you respond within 30 days.Read the information below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff.A letter or phone call will not protect you.Your written response must be in proper legal form if you want the court to hear your case.There may be a court form that you can use for your response.You can find these court forms and more information at the Califamia Courts Online Self-Help Center(www.courtinfo.ca.gov/selfhelp),your county law library,or the courthouse nearest you.If you cannot pay the filing fee,ask the court clerk for a fee waiver form.If you do not file your response on time,you may lose the case by default,and your wages,money,and property may be taken without further warning from the court. There are other legal requirements.You may want to call an attorney right away.If you do not know an attorney,you may want to call an attorney referral service.If you cannot afford an attorney,you may be eligible for free legal services from a nonprofit legal services program.You can locate these nonprofit groups at the California Legal Services Web site(www.lawhefpcalifornia.org),the Califomia Courts Online Self-Help Center (www.courtinfo.ca.govfselfhelp),or by contacting your local court or county bar association.NOTE:The court has a statutory Gen for waived fees and costs on any settlement or arbitration award of$10,000 or more in a civil case.The court's lien must be paid before the court will dismiss the case. iAV!SO!Lo han demandado. Si no responde dentro de 30 dias,la torte puede decidir an su contra sin escuchar su version.Lea la informaci6n a continuation. Tiene 30 DIAS DE CALENDARIO despues de qua le entreguen esta citaci6n y papeles legales pare presenter Una respuesta par escrito on esta Corte y hater qua se entregue Una copia at demandante_ Una carte o Una llamada telefonica no to protegen.Su respuesta por escrito tiene qua estar an formato legal correcto si desea qua procesen su caso an fa carte.1=s posible qua hays un formulario que listed pueda user pars su respuesta. Puede encontrar estos formularios de la Corte y mas information an at Centro de Ayuda de las Cones de California(www.sucorte.ca.gov),an la biblioteca de leyes de su condado o an la Corte que le quede mas cerca.Si no puede pager la cuota de prosentacion,Aida al secretario de to Corte que le de un formulario de exencion de pago de cuotas.Si no presenta su respuesta a fiempo,puede perder at caso por incumplimiento y la core le pods quitar su sueldo,dinero y bienes sin mas advertencia. Nay otros requisitos legales.Es recomendable que flame a un abogado inmediatamente.Si no Conoco a un abogado,puede Ilamar a lin servicio de remision a abogados.Si no puede pager a un abogado,es posible que cumpla con los requisitos para obtener servicios legales gratuitos de un programa de servicios legales sin fines de lucro.Puede encontrar estos gropps sin fines de lucro an el sitio web de California Legal Services, (www.lawhelpcalifornia.org),an el Centro de Ayuda de las Courts de California, (www.sucorte.ca.gov)o poniendose an contacto con la Corte o at colegio de abogados locales.A ViSO:Par ley,la torte tiene derecho a reclemar las cuotas y los coslos exentos por imponer un gravamen sabre cualquier recuperation de$10,000 a mas de valor recibida mediante un acuerdo a una concesidn de arbitraje an Un caso de derecho civil. Tiene que pagar el gravamen de la torte antes de que la code pueda desechar el caso. The name and address of the court is: CASE NUMHFR: (Fi nombre direction de la torte es): judge Shawn Nelson dei caso): 1730-2024-01380358-CU-PA-CJC ro SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE 700 Civic Center Drive West, Santa Ana, CA 92701 The name,address,and telephone number of plaintiffs attorney, or plaintiff without an attorney, is: El nombre la direction y el numbro de telefano del abogado del demandante, o del demandante que no hene abo ado e$ . arren M. Pirozzt Bar# 156890) Fax No.: 14 5$7-1245 Rizio Lipinsky Law Firm PC Phone No.: 714 505-2468 2677 North Main Street' Suite 225' Santa Ana' CA 92705 DATE: A. CaiII Clerk, by Deputy (Fecha) 02I16J2024 ��o„.,„ .s,,�or„.�„R (Secretario) t (Adjunto) (For proof of service of this summons, use Proof of Service of Summons(form POS-010).) (Para prueba de entrega de esta citation use el formulario Proof of Service of Summons, (POS-010)). NOTICE TO THE PERSON SERVED:You are served [SEALI 1. Q as an individual defendant. gT r:r- 2. 0 as the person sued under the fictitious name of(specify): F 3. Cl on behalf of(specify):City of Santa Ana under: Q CCP 416.10(corporation) Q CCP 416.60(minor) Q CCP 416.20(defunct corporation) Q CCP 416.70(conservatee) Q CCP 416.40(association or partnership) Q CCP 416.90(authorized person) [ other(specify):Public Entity 4. Q by personal delivery on (date): Palle 11 Of I Form Adopted for Mandatory Use SUMMONS Code of Civil Procedure§§41220.465 Judicial Council of California www.courtinfo ca_gov SUM-fda [Rev.July 1,20091 LexisNexisOD Auromared California Judicial Council Forms Electronically Filed by Superior Court of California, County of Orange, 02/16/2024 03:35:42 PM. 30- 24-01380358-CU-PA-CJC-ROA#2-DAVID H. YAMASAKI, Clerk of the Court By A. Gill, Deputy Clerk. I RIZIO LIPI(NSKY LA"'47V FIRM PC Darren M. Pirozzi,Bar No. 156890 dpitozai a@riziolawfi:rzn.coi- 2677 North Main Street., Suite 225 Santa Ana,CA 92705 (714)505-2468 -Telephone 4 (714)547-12.45 Facsimile 5 Attorneys for Plaintiff JODI THORN 6 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, FOR THE COUNTY OF ORANGE 9 10 JODI THORN, ) CASE NO. 1.1 } Plaintiff, } COMPLAINT FOR DAMAGES 12 } 1, Negligenoe(Government Code 815.2) 13 } 2. Ooverment Code § 820 (a) 14 CITE' OF SANTA ANA; CRISTAL ) 3. Vela. C. §17001) GUTIERREZ; and)DOES 1 through 100, ) 4. Negligence 15 inclusive, ) 16 } z7 Defendants. } } 18 ) 1s } 20 ) 21 22 23 Plaintiff, JODI THORN,complains as to defendants, and each of them, as follows: 24 OENERAL_ALLEGATIONS 25 1.Plaintiff, JODI. THORN was,and at all times herein,is a resident of the.City 26 of Huntington Beach, County of Orange, State of Calffornia. 27 -1- 28 Complaint for Damages 1 2. Defendant.CRISTAL GUTIE REZ is an individual residing in the City of Santa Alta, 2 County of Orange, State of California and, at all times herein, was a police officer employed by 3 Defendant, CITY OF SANT'A ANA, 4 3. That Plaintiff is inforined and believes, and thereon alleges that, at all relevant tunes herein 5 mentioned,Defendants CITY OF SANTA AN.A is a public entity. Plaintiff timely submitted. 6 government claims against said public entities, and each of said claims were denied; either directly or 7 8 by operation of law. Correct copies of the claims are attached as Exhibit L 9 4. Plaintiff is ignorant of the true names and capacities of defendants sued herein as 10 DOES 1 through 100,inclusive, and therefore sues said defendants by such fictitious names. Plaintiff will amead this Complaint to allege them`.true names and capacities when the same are ascertained. 12 Plaintiff is iufbiniecl and believes, and thereon alleges, that the fictitiously named d6e.ndants are 13 legally responsible in sonic manner for the,oecu�rences, injuries,and damages hereinafter alleged, 14 S. That Plaintiff,is informed.and believes and thereon alleges that, at all tines herein 15 16 mentioned in this Complaint,defendants were the agents and.employees of their co-defendants, and in 17 doing the things alleged in ibis Complaint were acting within the course and scope of that agency mid 18 employment. In the alternative,each defendant authorized,consented to and/or ratified the conduct of 19 the remaining defendants, and each of there. 20 6. Defendant, CRI.STAL GUTERREZ and Does 1--50, at all times mentioned was and is a 21 City of Santa Ana Police officer. Defendant, CRISTAL Cif.TtERREZ,was on duty,in the course and 22 scope of her employment,as a Santa Ana Police officer, Defendant CRISTAL GUTIERREL was 23 24 traveling northbound can Bristol Street in Orange County California,in her marked black acid white 25 patrol car license plate 1607869. 26 7, Defendants, CITY OF SANTA ANA,and Does 1-100 are the owners of the marked black 27 -2- 28 Complaint for Damages i i I and white Ford Explorer patrol car license Mate number 1607869, 2 8. That on Februaiy 25,2023, at approximately 3.49 pm,Plaintiff JODI THORN ORN 3 was traveling northbound on Bristol Street when she observed that the car in front of her was stopped. 4 Plaintiff slowed her vehicle when,Defdndants, and each of them,crashed the marked patrol oar into S Plaintiff's vehicle. That at said time and place,Defendant CRISTAL GUTIERREZ and.Does 1-100 6 negligently drove her vehicle, owned by Defendant CITY OF SANTA ANA so as to cause it to collide 7 8 with the vehicle being driven by Plaintiff JODI THORN,and to proximately cause the injuries and 9 damages described below. 10 PLAINTIFF JODI T14ORN's FIRST CAUSE OF ACTION AS TO DEFENDANTS CRISTAL l 1 GUITER.R.EZ, CITY OF SANTA ANA(Governwent.Code§ 815.2)AND DOES 1-50 12 (Negligence) 13 9. Plaintiff incorporates by this reference all allegations in Paragraphs l through 8 of this 14 complaint, as.though fully set forth herein, 15 10.At said tinne and place, defendants,and each of them,negligently owned,maintained, 16 controlled,managed, operated,entrusted, and drove their vehicle,so as to cause it to collide with 7 Plaintiff JODI`f TORN and her vehicle,and to proximately cause the injuries and damages to Plaintiff, l8 as described below. 19 20 11.As.a:direct and proxitnate result of the negligence of defendants, and each of them, 21 Plaintiff JODI THORN was hurt and injured in her health,.strength, and activity,sustaining injury to 22 her nervous system and person;all of which injuries have Caused,and continue to cause; .Plaintiff great 23 mental,physical, and.nervous pain and suffering. As a result of such injuaries,Plaintiff has suffered 24 general damages:in'an.amount in excess of the jurisdictional minimum of this Court, 25 12. As a legal result of defendants' tort ous misconduct,as aforesaid,Plaintiff JODI THORN 26 27 29 _. Complaint for Damages I has had to employ the services of hospitals,physicians, surgeons, nurses, and other professional 2 services;and said Plaintiff was compelled to_incur expenses for ambulance,medicines, x-rays and 3 other medical supplies and services,Plaintiff is informed and believes and thereon alleges that further 4 services of that nature will be required by plaintiff for an unpredictable period in the future,all to S Plaintiff's damage,in a sum according to proof at the time of trial. 6 13. As a further result of the tortious misconduct of defendants, Plaintiff JODI THORN'S 7 8 property was damaged and destroyed, and said Plaintiff last the use of same, all,to Plaintiff's damage, 9 in a sum according;to proof at the time.of trial. 10 1.4. .A.s a further legal result of the lortious inisconduct of defendants, and each of them, 11 Plaintiff suffered loss of earnings and.earning capacity, in the past,present and future,in an amount 12 that will be demonstrated at trial according to proof, 13 15, Upon compliance with Cade of Civil Procedure section 998, Plaintiff will.seek an award 14 of prejudgment interest and casts.as to any non-governmental entities,pursuant to California Civil 15 16 Code § 3291,in a sum according to proof. 17 16..As a further legal result of the foregoing, Plaintiff suffered and will continue to suffer 18 pain, anxiety; emotionaI distress, and rather general damages, in a sum within the jurisd efion of this 19 court and according to proof at the time of trial. 20 PLAINTIFF JODI THORN's SECOND CAUSE OF ACTION AS TO DEFENDANTS 21 CRIS`I`A,L GUITERREZ,CITY OF .ANA [Government Cade §8 O (a)].AND DOE'S 1- 22 50 23 M Plaintiff incorporates by this reference.all allegations in Paragraphs 1 through 16 of'this 24 25 complaint,as though fully set forth herein. 26 18.. At the times, places,:and in the:manner as aforesaid,C12.ISTAL GUTIERRF7 27 ..4- 28 Complaint for Damages l negligently and carelessly drove the motor vehicle entrusted to her by the CITY"OF SANTA ANA, 2 while CRISTAL G UI'l`ERRET was acting within the course and scope of her employment with the 3 CITY OF SANTA ANA; and CRISTAL ILL GUITERRE%thereby negligently and. 4 5 carelessly caused Plaintiff to suffer personal injuries and related damages. G 19. At the times,places in the manner as aforesaid, CRISTAL GUITERREZ,was a 7 8 public employee and, is subject to liability to plaintiff herein to the same.extent as a private person.,per 9 Gov't. C.§820 (a). to 11 20, As a direct and proximate result of the negligence of defendants;and each of them,. 12 Plaintiff JODI THORN was hurt and injured in her health, strength;and activity, sustaining injury to 13 his nervous system and persons all of which injuries have caused, and continue to cause,Plaintiff groat 14 mental,physical, and nervous pain and suffering;. As a result of such injuries, Plaintiff has suffered. 15 16 general damages in an amount in excess of the jurisdictional Minimum ofthis Court. 17 21 t As a legal result of defendants' tortious misconduct,as aforesaid;Plaintiff JODI T l;IORN IS has had to employ the services of Hospitals,physicians,surgeons,nurses, and other professional. 19 services; and said Plaintiff was compelled to incur expenses for ambulance,medicines,x-rays and 20 other medical supplies and services. Plaintiff is ixaformed and believes and thereon alleges that further 21. services of that nature will be required by Plaintiff for an unpredictable period in the future, all to. 22 .23 PWritiff s damage,in a sung according to proof at the time of trial. 24 22, Asa fimtlier result of the tortious misconduct of defendants,Plaintiff.0DI THORN'S 25 property was damaged.and destroyed, and said Plaintiff lost the use of same,all to Plaintiffs damage, 26 in a suns.according to proof at the time of trial, 2' .5" 28 Complaint far Damages 23. As a further legal result of the tortuous misconduct of defendants,and each of them, 2 Plaintiff suffered loss of earnings and earning capacity, in the past,present and future, in an amount 3 that.wil l be demonstrated.at trial according to proof. 4 24.Upon compliance with Code of Civil Procedure section 998, Plaintiff will seek art award S of prejudgmeiat interest and costs as to any non-governmental entities,pursuant to California Civil 6 Code§ 3291,in a sum according;to.proof, 7 25. As a further legal result of theforegoirtg,,Plaintiff suffered and will continue to suffer pain, anxiety,emotional distress, and other general damages,in a sum within the jurisdiction:of this 10 court and according to proof at time.of trial.. 11 PLMNTIFF�S THIRD CAusrs,OF ACTION AGAINST THE MY OF SANTA ANA 12 ONLY {Veh, C. §17001.) 13 26. Plaintiff incorporates by this reforence all allegations.in Paragraphs I through 25 of this 14 complaint,as though fully set forth herein. 1 16 27. At the tines,places and iz the.manner as aforesaid,CR;ISTAL GUTIERREZ 17 operated the motor vehicle entrusted to her 6y the CITY OF SANTA AMA in a manner that 18 was negligent or wrongful iurd while DRIVER was aching within the course and.scope of her 1) 20 employment with a public entity. Asa result of CRI.STAL GUTII RRF7's negligent or wrongful acts, 21 as aforesaid,Plaintiff was caused to suffer severe and serious personal injuries and related damages, as 22. 23 aforesaid. 24 28. As a direct and proximate result of the negligence of defendants,and each of them, 25 26 27 -6 28 C.omplaint for Damages I Plaintiff JODI T14ORN was hurt and injured in her health, strength, and activity,sustaining injury to 2 her nervous system and person, all of which injuries have caused, and continue to cause, Plaintiff`great 3 naerrtl;physical, and nervous pain and suffering. As a result of such injuries} Plaintiff has suffered 4 general damages in an amount in excess of the jurisdictional miniaiuna of this Court. 29. As a legal result of defendants' tortious misconduct,as aforesaid,Plaintiff JODI THORN 6 has had to employ the services of hospitals, physicians, surgeons,.nurses, and other professional 7 services, and.said.Plaintiff was compelled to incur expenses for ambulance,medicines,x-rays and 9 other medical supplies and.services.Plaintiff is informed and believes and thereon alleges that further 10 services of that nature will be required by Plaintiff for an unpredictable period in the future, all to l 1 Plaintiffs damage,in a sutra.according;to proof at the time of trial, 12 30. As a further result of the tortious misconduct of defendants,Plaintiff JODI THORN'S 13 property was damaged and destroyed,and said Plaintiff lost the use of same, all to Plaintiff's damage, 14 in a sum.according to proof at the time of trial. 15 l 6 31,As a further legal result of the tortious misconduct of defendants; and each of them, 17 Plaintiff suffered loss of earnings and earning capacity, in the past,present and future, in an amount 18 that will be demonstrated at trial according to proof. 19 32, Upon compliance with Code of Civil Procedure section.998,Plaintiff will :seek.an award 20 of prejudgment interest and costs as to any non-governmental entities,pursuant to California.Civil 21. Code§ 3291,in a sum according.to proof. 22 33. As a further legal result of the 'oiegoing,.Plaintiff suffered.and will continue to suffer 23 24 pain, anxiety, emotional distress; and other general damages,in a sum within the jurisdiction of this 25 court and according to proof at the time of trial. 26 PLAINTIFF'S FOURTH CAUSE OF ACTION 27 -7- 28 Complaint for Darna.ges AGAINST OTHER ACTORS ONLY 2 (Negliigence) 3 4 34. Plaintiff incorporates by this deference all allegations in Paragraphs l through 3 of this 5 Complaint,as though fully set forth herein. 6 35.. At the times and places as aforesaid,Dues 75-100 were persons and entities who are Dot 7 governmental entities and/or employees of governmental entities.. g 9 36, Said.defendants negligently and carelessly engaged in activities; owned and controlled 10 instrumentalities; and, otherwise caused or contributed to the collision, and thereby caused plaintiff to ,11 suffer personal injuries.and related damages. 12 37, As a. direct and pr4imate,result of the negligence of defendants, and each of then`, 13 Plaintiff JODI THORN was hurt and injured in her health,strcagth, and activity;sustaining injury to 14 her nervous system and person, all of which injuries have caused, and continue to cause,Plaintiff great 15 mental,physical,and nervous pain and suffering, its a result of such injuries,Plaintiff has suffered 16 17 general damages in an amount in excess of the jurisdictional minimum of this Court, IS 3& As a legal,result of defczxdants'tortious misconduct, as aforesaid, Plaintiff JODI THORN 19 has had to employ the services of hospitals,physicians,surgeons,nurses, and other professional 20 services; and said Plaintiff was compelled to incur expenses for ambulance,medicines,x-rays and. 21 other medical supplies and services. Plaintiff is informed and believes and thereon alleges that further 22 services of that nature will be required by Plaintiff for an unpredictable period in the future,all to 23 Plaintiff s damage;in a sum according to proof at the time of trial. 24 25 39. As a.funhor'result.of the tortiotis misconduct of defendants,Plaintiff JODI.TffORNIS 26' 2'7° 2$ Complaint for Damages 1 property was damaged and destroyed,and said Plaintiff last flit;use of same, all to Plaintiff's damage, 2 in a sum According to proof at the time of trial, 3 40. As.a further legal result of the tortious misconduct of defendants, and each of them, 4 Plaintiff suffered loss of earnings and earning capacity,in the past,present and future, in are.amount S that will be demonstrated at trial according to proof, 6 41. Upon compliance with Cole of Civil ProceAre section 998,Plaintiff will seek an award 7 of prejudgment interest and costs as to any non-governmental.entities,pursuant to California Civil 9 Code § 329t,in a sum according to proof. 10 42. As a further legal result of the foregoing, l'laintiff'sttff&ed and will continue to suffer 11 pain, anxiety, emotional distress,and other general damages, in a sum.within the jurisdiction of this 12 court and according to proof at the time of trial. 13 WHEREFORE,Plaintiff gays for recovery of damages from:Defendants, and each of them, as 14 follows; is 16 L. For general, non-economic damages in an amount in within the jurisdiction of this court; 17 and to be proven at trial, 18 2. For medical and related expenses, according to proof in an amount to be shown at the time 19 of trial, 20 3. For property damages and losses,and.last use of same; 1 4. For lost wages and diminished,earning capacity, 22 5: Costs of suit,which costs shall include recovery of expert winless fees (from all 23 24 .defendants)and.prejudgment interest(from all defendants but the public entities) 25 6. .ny other and further relief that the Court considers proper,:and, 26 7. Plaintiff hereby demands ajury trial. 27 28 Complaint for Damages � 1. 2 DATED, Februajy 16, 2024 RIZIO LIPINSK Y LAW FIRM PC 3 By. 4 �RREN .( ZLl.Plaintiff 6 7 8 9 10 11 12 13 14 15 16 17 19 20 .21 22 23 24 25 26 27 28 Complaint for Damages Becerra, Alexis From: Jackie Angel Investor < Sent: Friday, October 3, 2025 7:38 PM To: eComment Cc: Vazquez, Benjamin Subject: Information for the following EXISTING LITIGATION Attention: This email originated from outside of City of Santa Ana.Use caution when opening attachments or links. NOTICE OF CANCELLATION Personnel Board Regular Meeting NOTICE IS HEREBY GIVEN that the Regular Meeting of the Personnel Board for September 25, 2025, is canceled. In June 2025, a $7.4 billion settlement was approved by 50 states and other territories. for the following EXISTING LITIGATION, City of Santa Ana involvement - FYI. D. In re: Purdue Pharma L.P. et al., United States Bankruptcy Court (S.D. NY) Case No. 19-23649 (SHL) E. In re National Prescription Opiate Litigation, United States District Court Case No. 1:17-and-2804 (MDL No. 2804) Purdue Pharma L.P. v. Commonwealth of Massachusetts was a landmark case where the state of Massachusetts sued Purdue Pharma for allegedly deceiving the public about the risks of its opioid OxyContin, leading to illness and death within the state. The lawsuit was part of a larger national effort to hold Purdue and the Sackler family accountable for their role in the opioid epidemic, but it became entangled in the complex legal and financial battles surrounding Purdue's bankruptcy proceedings and the Sacklers' efforts to seek protection from further lawsuits. Key Aspects of the Case: • Allegations: The Commonwealth of Massachusetts alleged that Purdue Pharma executives engaged in deceptive marketing practices by making false representations about OxyContin's addictive properties, leading to increased opioid use, overdose, and death in Massachusetts. • Settlements: The case was part of a broader push for a large settlement with Purdue Pharma and the Sackler family to fund opioid treatment and prevention programs across the country. In June 2025, a $7.4 billion settlement was approved by 50 states and other territories. https://santa-ana.primegov.com/Portal/Meeting?meetingTemplateId=23973 1 Becerra, Alexis From: Jackie Angel Investor < Sent: Friday, October 3, 2025 8:04 PM To: eComment Cc: Vazquez, Benjamin Subject: Sums carried forward Grand Total $398,593,527 !!! Attachments: Sums carried forward.PNG -Attention: This email originated from outside of City of Santa Ana.Use caution when opening attachments or links. Did you see the astronomical amounts left in the List of Requests to Carryover Unspent Appropriations by Fund FY24-25 Balances to FY25-26 As of July 31, 2025?? Insane. List of Requests to Carryover Unspent Appropriations by Fund FY24-25 Balances to FY25-26 As of July 31, 2025 Department Sum of Carry Forward City Attorney 485,000 City Manager 2,153,550 Community Development 34,040,386 Finance 470,172 Fire & Emergency Medical Services 4,547,022 Human Resources 390,260 Information Technology 3,587,817 Library 32,396,417 Non-Departmental 14,165,980 Parks & Recreation 40,436,740 Planning & Building 2,126,323 Police 10,376,255 Public Works 253,417,604 Grand Total 398,593,526 i m@pQ@ � � 2GmgRk # R � r Ag § 2 ) Kk \ § § q2 $ 2 ® ¢ TP rn e14 % mm & 6m k � E ! C { I § \ § r k 2 « 3 § § \ , � 7 — $ [ c \ Eit 2 ME ! 2 /9 'E # # | ffk2 ` � g # � uuuTLE2 _ ' £ E cLQJ Becerra, Alexis From: Jackie Angel Investor < Sent: Tuesday, October 7, 2025 10:01 AM To: eComment Cc: Vazquez, Benjamin Subject: SAPOA AUP Final 7.30.25 Santa Ana Police Officers' Association Trust Fund January 1, 2023 through December 31, 2023 Attachments: SAPOA AUP Final 7.30.25-cl-cl.pdf; Summons and Complaint (SAPOA v City 30-2021-01230134).pdf; Summons and Complaint (SAPOA-Serrano v City 30-2021-01230129).pdf ,Attention: This email originated from outside of City of Santa Ana.Use caution when opening attachments or links. Santa Ana Police Department fired here and served with a restraining order. JC -Independent Accountants' Report on Agreed Upon Procedures for the Santa Ana Police Officers' Association Trust Fund January 1, 2023 through December 31, 2023 (attached) -Summons and Complaint (SAPOA v City 30-2021-01230134).pdf SANTA ANA POLICE OFFICERS ASSOCIATION and DOE OFFICERS VS. CITY OF SANTA ANA (attached) -SANTA ANA POLICE OFFICERS ASSOCIATION; GERRY SERRANO VS. CITY OF SANTA ANA (attached) The City makes monthly Trust contributions. We obtained from the City a Trust payment detail, which listed all payments made to the Trust for the period under review and compared 100% of the payments made by the City to the documentation on file with the Association. Next, we traced the transfers and their amounts to deposits listed on the bank statements and general ledger. Investment Balances and Transactions 9. Per the general ledger, we identified the checking account amounts that were paid to Charles Schwab. We compared those amounts to payments made per the checking account bank statements. We also compared those amounts to the deposits recorded in the Trust's Charles Schwab brokerage accounts. Results: We noted no payments were made to Charles Schwab during the year. A summary of the investments held is as follows: Charles Schwab Cash 45,511 Fixed Income 2,304,062 Alternative/Sector Investments 743,658 Equities 3,203,272 Total $6,296,503 Results: For the fiscal year beginning January 1, 2023, and ending December 31, 2023, there is excess fund balance in the amount of$3,426,054 (see Attachment 1B). Excess Fund Balance 12. Per Section 5 of the Agreement, the Association must return to the City any excess fund balance being held in the trust as of December 31. Excess fund balance is defined as any amount that exceeds four-times the total insurance premiums minus the employees' share of the premium contribution paid for the month of December for the year just ended. Once the excess fund balance is determined for the 1 prior calendar year, the City shall reduce its monthly contribution for the next six months by one-sixth of the excess fund balance. The application of these reductions for excess fund balance will begin to occur 30 days after completion of the final audit report. Other Matters As an additional matter, we noted that the Trust Fund operated at a deficit for the year ended December 31, 2023, having disbursed $608,894 in excess of the total receipts received for the period. For a health benefits trust fund, sound financial management is essential to ensure long-term sustainability, compliance, and the ability to meet obligations to beneficiaries. The following metrics were considered against industry best practices: 1. Reserve Levels: the generally recommended range of reserve levels is three to six months of average monthly disbursements maintained in reserve. Average monthly disbursements for the Trust are $940,348; based on this calculation, the amount held in reserve by the Trust should range between $2,821,044 and $5,642,088 depending on a number of factors. Santa Ana Police Association's Trust Fund Operated In Deficit Despite City Overpaying By Millions, Association Invested Taxpayer Dollars In Brokerage Account In 2023, the police association's medical insurance trust fund operated in a deficit despite the city of Santa Ana overpaying by $3.4 million. The association invested taxpayer dollars in securities. Update 101612025:A revised audit was issued today and the brokerage account has disappeared from the report. Without the brokerage account, the audit now states that there was no overpayment. https.Ilinadvertent.substack.com/p/Santa-ana-police-associations-trust z LS Uo ! • SANTAANA POLICE OFFICERS ASSOCIATION INDEPENDENT AUDITORS' REPORT ON AGREED JANUARY 1, 2023 THROUGH DECEMBER 31, 2023 UPON PROCEDURES FOR THE SANTA ANA POLICE OFFICERS' ASSOCIATION TRUST FUND Focused on YOU SANTA ANA POLICE OFFICERS ASSOCIATION Independent Accountants' Report on Agreed Upon Procedures for the Santa Ana Police Officers' Association Trust Fund January 1, 2023 through December 31, 2023 LS • • INDEPENDENT ACCOUNTANTS' REPORT ON APPLYING AGREED-UPON PROCEDURES To Mr. John Kachirsiky, President Santa Ana Police Officers Association Santa Ana, California To the Management of the City of Santa Ana Santa Ana, California We have performed the procedures enumerated below on the Santa Ana Police Officers Association (hereafter, the Association)'s medical insurance trust fund's excess fund balance calculation for the year ended December 31, 2023. The Association is responsible for the medical insurance trust fund's excess fund balance calculation. The Association has agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose of calculating and verifying the excess fund balance of the medical insurance trust fund pursuant to the Association's agreement with the City of Santa Ana (hereafter, the City) for the year ended December 31, 2023. This report may not be suitable for any other purpose. The procedures performed may not address all the items of interest to a user of this report and may not meet the needs of all users of this report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes. The procedures performed and the associated findings are as follows: Health Plan Agreement 1. We obtained a copy of the Agreement between the City and the Association, which establishes a medical insurance trust fund (hereafter, the Trust) for employees of the bargaining unit. We summarized the significant terms of the Agreement. We also obtained an understanding of the role of a third party to administer the Trust on behalf of the Association. Results: Under the terms of the Agreement, the Association must maintain a Trust for the sole purpose of providing and administering health, dental, and long-term disability plans, which may include medical prescriptions, vision care, and/or long-term disability insurance for employees in the bargaining unit. Employees contribute toward the cost of health plan premiums at amounts determined by the Association. In addition, the City makes monthly contributions to the Trust based on the number of actively employed enrollee members in the bargaining unit. All costs of providing and administering the Trust's health benefit plans are the sole responsibility of the Association. The City's contributions may be used to cover administrative costs of the program up to the maximum amount stipulated in the Agreement. The Association has designated Union First Solutions as the third-party administrator of the Trust. Internal Controls 2. We inquired with medical insurance trustee personnel and obtained an understanding of the accounting procedures used by the trustee to administer the Trust. We reviewed these procedures, which included bank reconciliations, cash receipts and cash disbursements transactions for health care benefits, for any significant internal control weaknesses. Results: No exceptions were identified as a result of applying this procedure. PrimeGlobal nn""A` °°°"°'�� °ry d&cmnrigg Pima LSL:*: :: To the Board of Directors Santa Ana Police Officers Association Santa Ana, California Summary of Trust Receipts and Disbursements 3. We obtained the Trust's checking and investment account statements prepared by the trustee for the twelve months ended December 31, 2023. We reviewed the source documents for each receipt and disbursement on the worksheets. Based on our review of the monthly worksheets and source documents, we prepared an annual summary of the Trust's receipts and disbursements, including a reconciliation to the Trust's checking and investment account balances. We obtained copies of all checks deposited to the Trust. Per review of the checks deposited to the Trust, we categorized each cash receipt into one of the following categories: • Medical and dental • Retiree health • Long-term disability • Interbank transfers • Interest income Per review of the monthly bank statements and review of the cancelled checks, we categorized each cash disbursement into one of the following categories: • Health Related: o Insurance Premiums (medical, dental, vision, long-term disability, and life) o Health and wellness screening o Exercise equipment and other • Non-Health Related: o Administrative fees o Bank service fees o Audit, legal, and other charges For each month, we determined the Trust's total ending balance by obtaining the monthly investment account statements for the Trust's Charles Schwab brokerage account. We added those balances to the ending balance of the checking account to arrive at the total balance of the Trust. Results: The Summary of Receipts and Disbursements is included as Attachment 1A on page 7. General Ledger, Receipts and Disbursements 4. The City makes monthly Trust contributions. We obtained from the City a Trust payment detail, which listed all payments made to the Trust for the period under review and compared 100% of the payments made by the City to the documentation on file with the Association. Next, we traced the transfers and their amounts to deposits listed on the bank statements and general ledger. Results: The attached Summary of Receipts and Disbursements, which is based on the bank statements and general ledger, reflects twelve months of 2023 receipts. As part of the test work on the Summary of Receipts and Disbursements, we reviewed the supporting documentation for each cash receipt to determine which receipt type to classify it in. During our review, we noted that all receipts and disbursements were supported by appropriate documentation. 2 LSL:*: :: To the Board of Directors Santa Ana Police Officers Association Santa Ana, California 6. As part of our process to prepare the Summary of Receipts and Disbursements, we examined all disbursements made from the Trust's checking accounts to determine that disbursements were for the sole purpose of providing and administering health, dental, and long-term disability plans, which may include medical prescriptions, vision care, and/or long-term disability insurance for employees in the bargaining unit. Per Section 9 of the Agreement, the "use of City contributions to cover administrative costs of the program shall not exceed $50,000 during calendar year 2023. Each calendar year thereafter, the maximum amount of administrative costs funded using City contributions will be adjusted by an annual percentage in the Medical Care Services CPI..." We compared total administrative costs per our Summary of Receipts and Disbursements to the allowable limit per the Agreement. Results: We reviewed the applicable Consumer Price Index (CPI) table from the U.S. Bureau of Labor Statistics. The total allowable administrative costs for 2023 was $50,000, and actual administrative costs totaled $28,775. No exceptions were identified as a result of applying this procedure. 7. We obtained the Trust's monthly checking account bank statements and their corresponding monthly bank reconciliations for the Trust's checking account with Pacific Premier Bank for the period January 2023 through December 2023 and performed the following procedures: • Compared the ending bank reconciliation balance to the Trust's general ledger. • Compared the cash balance to the bank statement. • Determined that bank reconciliations were prepared in a timely manner and reviewed appropriately. • Compared outstanding checks to the subsequent month's bank statement. • Verified that monthly interest earned per the bank statements was recorded to the corresponding month's general ledger. Results: We noted that all bank statements were reconciled timely, were properly reviewed and approved, and were reconciled properly. Eligibility for Benefits 8. We obtained from the City the December 2023 list of current employees of the bargaining unit. We judgmentally selected 30 individuals from the various invoices submitted by the insurance providers and compared the names of the selected individuals to the City's December 2023 list to verify that the individuals selected were eligible to receive benefits from the trust. Results: We noted all individuals tested were eligible to receive benefits from the trust. Investment Balances and Transactions 9. Per the general ledger, we identified the checking account amounts that were paid to Charles Schwab. We compared those amounts to payments made per the checking account bank statements. We also compared those amounts to the deposits recorded in the Trust's Charles Schwab brokerage accounts. Results: We noted no payments were made to Charles Schwab during the year. 3 LSL:*: :: To the Board of Directors Santa Ana Police Officers Association Santa Ana, California 10. We obtained the monthly Charles Schwab account statements for the period under review. We reviewed the statements and prepared a schedule summarizing the debits (reductions) and credits (additions) that exceeded $5,000 in the Charles Schwab account. For each debit and credit that exceeded $5,000, we ascertained if the debit and credit appeared reasonable by reviewing the statements and investigating unusual items. Results: We noted a number of debits and credits exceeding $5,000 during the year. These were for reasonable investment transactions relating to purchases of various securities. No unusual transactions were noted for the period January 1, 2023, through December 31, 2023. 11. Section 5 of the Agreement states that the Association will be responsible for ensuring that best investment practices are used in accordance with all applicable laws and regulations when investing the Trust's funds. We requested and obtained a copy of the most recent version of the Association's investment policy. We also obtained the December 2023 Charles Schwab account statement and identified the types of investments held per its "Investment Detail." Results: As of December 31, 2023, the Association held investments with Charles Schwab in a brokerage account. We inspected a copy of the investment policy statement of the Association's Trust adopted on June 13, 2024, identifying the following allowable allocations targets: • Equity portfolio: 46% o U.S. Equities—Large Cap: 7% - 13% o U.S. Equities— Mid Cap: 7% - 13% o U.S. Equities—Small Cap: 7% - 13% o Non-U.S. Large Stocks— Developed Countries: 3% - 7% o Non-U.S. Small Stocks—Developed Countries: 3% - 7% o Non-U.S. Stocks— Emerging Markets: 2% -6% • Fixed income portfolio: 36% o U.S. Intermediate Term Taxable Bonds: 0% - 29% o U.S. Short Term Taxable Bonds: 0% -29% • Alternative/sector investments portfolio: 17.5% o U.S. Real Estate Securities/REITS: 7% - 13% o Commodities: 5% - 11% o Absolute Return: 5% - 9% • Cash: 0.5% o Money Market Funds: 0% - 5% A summary of the investments held is as follows: Charles % Total of Schwab Investments Cash $ 45,511 0.7% Fixed Income 2,304,062 36.6% Alternative/Sector Investments 743,658 11.8% Equities 3,203,272 50.9% $ 6,296,503 100.0% 4 LSL:*: :: To the Board of Directors Santa Ana Police Officers Association Santa Ana, California Excess Fund Balance 12. Per Section 5 of the Agreement, the Association must return to the City any excess fund balance being held in the trust as of December 31. Excess fund balance is defined as any amount that exceeds four-times the total insurance premiums minus the employees' share of the premium contribution paid for the month of December for the year just ended. Once the excess fund balance is determined for the prior calendar year, the City shall reduce its monthly contribution for the next six months by one-sixth of the excess fund balance. The application of these reductions for excess fund balance will begin to occur 30 days after completion of the final audit report. The final Association Trust Fund Calculation of Excess Fund Balance is documented in Attachment 1 B. • We tested the calculation for mathematical accuracy. We compared the trust balance to the Summary of Receipts and Disbursements (Attachment 1A). • We compared the total insurance premiums to copies of insurance invoices and verified that they pertained to insurance coverage for the month of December 2023. • We compared the payroll deductions to documentation provided by the City and verified that amounts pertained to December 2023 insurance coverage (amounts withheld in November 2023, pay periods 22 and 23). • We reconciled the supporting documents used in the calculation to the general ledger, and to the Summary of Receipts and Disbursements. Results: For the fiscal year beginning January 1, 2023, and ending December 31, 2023, there is excess fund balance in the amount of$3,426,054 (see Attachment 1 B). We were engaged by the Association to perform this agreed-upon procedures engagement and conducted our engagement in accordance with attestation standards established by the AICPA. We were not engaged to and did not conduct an examination or review engagement, the objective of which would be the expression of an opinion or conclusion, respectively, on the medical insurance trust fund's excess fund balance calculation for the year ended December 31, 2023. Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. We are required to be independent of the Association and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement. Other Matters As an additional matter, we noted that the Trust Fund operated at a deficit for the year ended December 31, 2023, having disbursed $608,894 in excess of the total receipts received for the period. For a health benefits trust fund, sound financial management is essential to ensure long-term sustainability, compliance, and the ability to meet obligations to beneficiaries. The following metrics were considered against industry best practices: 1. Reserve Levels: the generally recommended range of reserve levels is three to six months of average monthly disbursements maintained in reserve. Average monthly disbursements for the Trust are $940,348; based on this calculation, the amount held in reserve by the Trust should range between $2,821,044 and $5,642,088 depending on a number of factors. • Plan size and volatility: larger, more stable plans may need less reserves; • Self-insured vs. fully insured: self-insured plans require higher reserves due to claims volatility; • Industry variability: plans covering industries with fluctuating employment may need higher reserves; and • Collective bargaining timelines: longer contract periods may justify higher reserves early on. 5 LSL:*: :: To the Board of Directors Santa Ana Police Officers Association Santa Ana, California 2. Operating Margins: This is a key indicator of financial health. The healthy range of operating margins for trust- based health plans is generally considered to be 1% to 5%. Margins below 1% indicate financial stress, while margins above 5% suggest underutilization of funds or overcharging. The Trust's operating margin is -11%, as calculated as the difference between Contributions from the City of Santa Ana ($10,145,241) less Health Related Expenses ($11,223,059) divided by Contributions. These negative margins have required the Trust to maintain significant reserves and investments in order to fund benefits for participants. This information is presented to provide further context regarding the financial activity of the Trust Fund and was not a subject of the agreed-upon procedures described above. Our procedures were not designed to address the causes or future implications of this deficit, and accordingly, we do not provide any opinion or conclusion thereon. LS L_J L_L_ P Irvine, California July 29, 2025 6 MEDICAL INSURANCE TRUST FUND Summary of Receipts and Disbursements January 1,2023 Through December 31,2023 January February March April May June A.Opening Balance-Checking Account $ 850,909 $ 915,455 $ 893,426 $ 386,140 $ 372,436 $ 335,076 RECEIPTS City of Santa Ana Medical and dental 750,728 713,191 675,655 710,325 713,149 711,801 Retiree health 95,856 100,026 103,111 102,031 102,072 102,604 Long-term disability 32,868 32,808 32,901 32,736 32,835 32,703 Other Interbank transfers 30,000 - 500,000 - - - Interest Income 2 1 5 4 5 5 B.Total Receipts 909,454 846,026 1,311,672 845,096 848,061 847,113 DISBURSEMENTS Health related Insurance Premiums: Medical,dental,and vision 813,254 843,479 1,687,579 834,078 846,546 843,889 LTD insurance 20,583 20,706 20,583 20,501 20,542 20,542 Life insurance 2,399 2,394 2,413 2,409 2,394 2,394 Health and wellness screening - - 106,250 - - - Exercise equipment and other - - - - - - Total health related 836,236 866,579 1,816,825 856,988 869,482 866,825 Non-health related Administrative fee 1,170 1,474 1,691 1,810 9,810 1,810 Bank service fees 2 2 2 2 2 2 Audit,legal,and other charges 7,500 - 440 - 6,127 - Total non-health related 8,672 1,476 2,133 1,812 15,939 1,812 C.Total Disbursements 844,908 868,055 1,818,958 858,800 885,421 868,637 D.Monthly Total/Net Monthly Activity=(B)-(C) 64,546 (22,029) (507,286) (13,704) (37,360) (21,524) E.Ending Balance-Checking Account=(A)+(D) $ 915,455 $ 893,426 $ 386,140 $ 372,436 $ 335,076 $ 313,552 TOTAL CASH&INVESTMENTS F.Checking account: Pacific Premier Bank $ 915,455 $ 893,426 $ 386,140 $ 372,436 $ 335,076 $ 313,552 G.Charles Schwab Brokerage Account 5,952,993 5,788,975 5,852,468 5,867,484 5,769,918 5,959,032 Trust Total Balance=(F)+(G) $ 6,868,448 $ 6,682,401 $ 6,238,608 $ 6,239,920 $ 6,104,994 $ 6,272,584 7 ATTACHMENT 1A July August September October November December Totals $ 313,552 $ 1,175,338 $ 280,911 $ 278,511 $ 252,702 $ 241,837 $ 850,909 749,218 706,476 740,919 745,446 744,692 739,410 8,701,010 104,585 68,136 67,883 68,428 68,826 68,330 1,051,888 32,769 32,703 32,439 32,439 32,637 32,505 392,343 - - - - - - 530,000 3 3 3 3 4 3 41 886,575 807,318 841,244 846,316 846,159 840,248 10,675,282 - 1,663,511 819,101 833,929 827,887 814,677 10,827,930 20,583 20,419 20,501 20,624 20,255 20,296 246,135 2,394 2,403 2,380 2,380 2,399 2,385 28,744 - - - - - - 106,250 - - - 14,000 - - 14,000 22,977 1,686,333 841,982 870,933 850,541 837,358 11,223,059 1,410 1,410 1,660 - 3,820 2,710 28,775 2 2 2 2 2 2 24 400 14,000 - 1,190 2,661 - 32,318 1,812 15,412 1,662 1,192 6,483 2,712 61,117 24,789 1,701,745 843,644 872,125 857,024 840,070 11,284,176 861,786 (894,427) (2,400) (25,809) (10,865) 178 (608,894) $ 1,175,338 $ 280,911 $ 278,511 $ 252,702 $ 241,837 $ 242,015 $ 242,015 $ 1,175,338 $ 280,911 $ 278,511 $ 252,702 $ 241,837 $ 242,015 $ 242,015 6,102,437 5,992,099 5,775,911 5,666,906 6,015,215 6,296,503 6,296,503 $ 7,277,775 $ 6,273,010 $ 6,054,422 $ 5,919,608 $ 6,257,052 $ 6,538,518 $ 6,538,518 MEDICAL INSURANCE TRUST FUND ATTACHMENT 1B Calculation of Excess Fund Balance As of December 31,2023 Trust balance: Checking account-Pacific Premier Bank $ 242,015 Brokerage Account-Charles Schwab 6,296,503 Trust balance as of December 31, cash basis 6,538,518 Total insurance premiums (December coverage): Medical, dental, and vision 814,677 Long-term disability 20,296 Life insurance 2,385 Total insurance premiums (December coverage) 837,358 Employees'share of premiums contribution (December coverage): Payroll deductions- medical (44,402) Payroll deductions-dental (10,996) Payroll deductions-vision (3,844) Total employees'share of premiums contribution (December coverage) (59,242) Total insurance premiums, net 778,116 Times 4 4 4 x total insurance premiums, net $ 3,112,464 Excess trust fund balance $ 3,426,054 9 Electronically Filed by Superior Court of California, County of Orange, 11/08/2021 08:00:00 AM. 30-2U21-01 230 1 34-CU-WT-CJC- RDA#�►J4- DAVID H. YAMASAKI, Clerk of the Court By Jessica Duarte, Deputy 100 lJ 1Yl1Yi V N s FOR COURT USE ONLY (SOLO PARA USO DE LA CORTE) (CITACION JUDICIAL) NOTICE TO DEFENDANT: (AVlSO AL DEMANDADO): DAVID VALENTIN, Chief of Police for City of Santa Ana,- [ —— See Additional Party Attachment COUNCIL CIL DES jai'�-1 Am9-.5 94 YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): Santa Ana Police Officers Association and Does Officers NOTICE!You have been sued.The court may decide against you without your being heard unless you respond within 30 days.Read the information below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff.A letter or phone call will not protect you.Your written response must be in proper legal form if you want the court to hear your case.There may be a court form that you can use for your response.You can find these court forms and more information at the California Courts Online Self-Help Center(www.courtinfo.ca.gov/seifhelp),your county law library,or the courthouse nearest you.If you cannot pay the filing fee,ask the court clerk for a fee waiver form. If you do not file your response on time,you may lose the case by default,and your wages,money,and property may be taken without further warning from the court. There are other legal requirements.You may want to call an attorney right away.If you do not know an attorney,you may want to call an attorney referral service.If you cannot afford an attorney,you may be eligible far free legal services from a nonprofit legal services program.You can locate these nonprofit groups at the California Legal Services Web site(wwwJawheipcalifornia.org),the California Courts Online Self-Help Center (www.courtinfa.ca.gov/selfhelp),or by contacting your local court or county bar association.NOTE:The court has a statutory lien fur waived fees and costs on any settlement or arbitration award of$10,000 or more in a civil case.The court"s lien must be paid before the court will dismiss the case. IAVISO!La han demandado.Si no responde dentro de 30 dias,la torte puede decidir an su contra sin escuchar su version.Lea la informacidn a continuation. Tiene 30 DlAS DE CALENDARIO despues de qua le entreguen esta citation y papeles legales para presentar una respuesta par escrito an esta carte y hater qua se entregue una copia al demandante. Una Carta a una flamada felefanica no to protegen. Su respuesta par escrito tiene que estar an formato legal con-ecto si desea que procesen su caso an la torte.Es posible que haya un formulario que usted pueda usar pare su respuesta. Puede encontrar estos fornmiarias de la torte y mas information en el Centro de Ayuda de las Callas de California(www.sucorte.ca.gov),en la biblioteca de!eyes de su condado a en la carte que le quede mas Carta. Si no puede pagar la copra de presentation,pida a/secretario de le torte que le de un formulado de exencion de pago de cuofas.Si no presenta su respuesta a tiempo,puede perder el caso par incumplimlento y la carte le pods quitar su sueldo,dinero y bienes sin mas advertencia. Nay otros requisifos legales.Es recomendable que!lame a un abogado inmediatamente.Si no conoce a un abogado,puede llamar a un servicio de remision a abogados.Si no puede pagar a un abogado,es posible que cumpla con los requisitos pars obtener servicios legales gratuitos de un programa de servicios legales sin fines de lucro.Puede encontrar estos grupps sin fines de lucro en el sitio web de California Legal Services, (www.lawhelpcalifornia.org),an el Centro de Ayuda de las Cores de Califomia, (www.sucorte.ca.gov)a ponfendose an contacto con la Cate o el colegio de abogados locales.AVISO:Parley, la carte time derecha a reclamar las cuotas y las costos exentos per imponer un gravamen sabre cualquier recuperation de$10,000 6 mas de valor recibide mediante un acuerdo o una conceslon de arbitraje an un caso de derecho civil. Tiene que pagar el gravamen de la carte antes de que la code pueda desechar el caso. The name and address of the court is: CASE NUMBER: (El nombre y direction de la Corte es): (Numero der caso): Orange County Superior Court 3p-2021-0123013A-CU-WT-CJC 700 Civic Center Drive West, Santa Ana, CA 92701 Judge Glenn Salter The name, address, and telephone number Of plaintiffs attomey, or plaintiff without an attorney, is: (El nombre,la direction y el ntimero de telefono del abogado del demandante, o del demandante que no tene abogado, es): Corey W. Glave Attorney at Law 632 S. Gertruda Ave, Redondo Beach CA 90277 (323) 547-0472 Jessica Duarte DATE: 11108.l2021 LIAVIO H.YAMASAKI.Glerkofthe Court Clerk, by , Deputy (Fecha) (Secretario) (Adjunto) (For proof of service of this summons, use Proof of Service of Summons (form POS-010).) (Para prueba de entrega de esta citation use el formulario Proof of Service of Summons, (POS-010)). JS�Ai I NOTICE TO THE PERSON SERVED:You are served 1. ❑ as an individual defendant. 2. ❑ as the person sued under the fictitious name of(specify): _ 3. [M on behalf of(specify): C-r� O-Q- AV4 under. ❑ CCP 416.10(corporation) ❑ CCP 416,60 (minor) ❑ CCP 416.20(defunct corporation) ❑ CCP 416.70(conservatee) ❑CCP 416.40(association or partnership) ❑ CCP 416.90 (authorized person) 91 other(specify):J- t&t 5"D GG IP 4. ❑ by personal delivery on (date): j-Z�z-Y2C`/y Pa e i of 1 Fonn Adopted for Mandatory Use SUMMONS American Le alNet Inc. Code of OnA Procedure§§412.20,465 Judicial [ReV-July i,2009]of Celifom9 SUM-400(Rev. www.Forms Work l,ow.com www.covrtr'nro.ca.gov SUM-200 A SHORT TITLE: CASE NUMBER: Santa Ana POAIDoe Officers v. City of Santa Ana, et al 30-2021.01230134-CU-WT•CJC INSTRUCTIONS FOR USE -1 This form may be used as an attachment to any summons if space does not permit the listing of all parties on the summons. i If this attachment is used, insert the following statement in the plaintiff or defendant box on the summons: "Additional Parties Attachment form is attached." List additional parties (Check only one box. Use a separate page for each type of party.}: ❑ Plaintiff ® Defendant ❑ Cross-Complainant ❑ Cross-Defendant SONIA CARVALHO, City Attorney for City of Santa Ana; KRISTINE RIDGE, City Manager for City of Santa Ana; CITY OF SANTA ANA, a Municipal Corporation; SANTA ANA POLICE DEPARTMENT, a public safety department; SANTA ANA CITY ATTORNEY'S OFFICE; DOES I-X, inclusive Page of Page 1 of I F rm Adopted uunc Mandatory UseADDITIONAL PARTIES ATTACHMENT Judicial C❑uncH oFCalifornia SUM-200(A)(Rev.January 1,20071 Attachment to Summons American LegaiNet,Inc, www.FormsWDrffflow.com - Electronically Filed by Superior Court of California, County of Orange, 11108/2021 08:00:00 AM. 30-202 -01230134-CU-WT-CJC - ROA#2- DAVID H: YAMASAKI, Clerk of the Court By Jessica Duarte, Deputy Cl rk. 1 COREY W. GLAVE (State Bar No. 164746) Attorney at Law 2 632 S. Gertruda Ave Redondo Beach, CA 90277 3 Phone: (323) 547-0472 POAattorney@aol.com 4 5 'Attorneys for Plaintiffs Santa Ana Police Officers Assoc. 6 and Doe Officers 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 FOR THE COUNTY OF ORANGE-CENTRAL 9 10 AsOgmedroll Puwpoms Judge Glenn Salter SANTA ANA POLICE OFFICERS ) Case 30-2021-0 123si34-CU-WT-cJc 11 ASSOCIATION and DOE OFFICERS } COMPLAINT FOR INJUNCTIVE 12 Plaintiffs, ) RELIEF 13 vs. 1. VIOLATION OF PENAL CODE §832, ET SEQ. (Release of 14 DAVID VALENTIN, Chief of Police for Confidential Information); City of Santa Ana; SONIA CARVALHO, 2. NEGLIGENCE PER SE; 15 City Attorney for City of Santa Ana; 3. VIOLATION OF PENAL CODE KRISTINE RIDGE, City Manager for 3 §832.5-832.7 (Failure to 16 City of Santa Ana; CITY OF SANTA } Investigate) ANA, a Municipal Corporation; SANTA } 4. VIOLATION OF GOVERNMENT 17 ANA POLICE DEPARTMENT, a public ) CODE §3500, ET SEQ. safety department; SANTA ANA CITY ) 18 ATTORNEY'S OFFICE; DOES I-X, } inclusive ) 1 Defendants. ) 20 ) 21 22 COMES NOW, PLAINTIFFS SANTA ANA POLICE OFFICERS ASSOCIATION 23 AND DOE OFFICERS, and allege as follows: 24 25 VENUE AND JURISDICTION 26 1. Venue is proper in the Superior Court of the State of California, for the 27 County of Orange in that the underlying acts, omissions, injuries and related facts and 28 circumstances giving rise to the present action occurred in the City of Santa Ana, , 1 COMPLAINT r I County of Orange, California. This Court has jurisdiction over the present matter 2 because, as delineated within this complaint, the nature of the claims and amount in 3 controversy meet the requirements of jurisdiction in the Superior Court. This Court is 4 empowered with initial jurisdiction to entertain suits brought pursuant to traditional 5 mandamus action. 6 2. Plaintiffs request a jury trial on all non-mandamus relief. 7 3. Plaintiffs have exhausted all his/her//its administrative remedies, and/or 8 exhaustion would be futile under Briley v. City of West Convina (2021) 66 Cal.App.5th 9 119, as there is no ability to challenge the actions of Defendants in this case; therefore 10 Plaintiffs assert that he/she/they have exhausted all administrative remedies required of 11 him/them. 12 4. Plaintiff timely and properly filed a Notice of Government Tort Claims with 13 the City of Santa Ana for the action described herein, and said claim was rejected on or 14 about June 15, 2021, without objections or claims of insufficiency. 15 PARTIES 16 5. At all times herein mentioned, Plaintiff SANTA ANA POLICE OFFICERS 17 ASSOCIATION (hereinafter "POA, "Association," or collectively, with Doe Officers, 18 referred to as "Plaintiffs") was and is the recognized employee organization consisting 19 of all non-management Santa Ana Police Department employees. Its primary purpose 20 is the representation of its members, including Doe Officers in their employment 21 relations with the Santa Ana Police Department and the City of Santa Ana, The POA 22 brings this action on behalf of itself and Doe Officers and all similarly situated 23 employees of the Santa Ana Police Department. 24 6. Plaintiff Doe Officers are employed by the Santa Ana Police Department 25 as a sworn, full time police officer for the City of Santa Ana, Santa Ana Police 26 Department and as such were and are to be afforded all of the rights under Penal Code 27 §§832.5-832.8 and/or Evidence Code §§1043-1046, state law, City and/or Police 28 Department resolution, policy and past practice. The true identity of the does officers is 2 COMPLAINT 1 known by Defendants, but is being withheld pursuant to Penal Code §§832.5-832.8, 2 Evidence Code §§1043-1046. 3 7, Defendant David Valentin is the current Chief of Police for the City of 4 Santa Ana and is charged with the supervision, management of confidential peace 5 officer files and management of personnel, including personnel investigations and 6 discipline of employees of the Santa Ana Police Department. Plaintiffs have 7 information and belief that Valentin participated, supervised and/or was actively 8 involved in the incident giving rise to this Complaint. 9 8. Sonia Carvalho is a per se employee of the City of Santa Ana and acts as 10 the City Attorney for the City of Santa Ana. Plaintiffs have information and belief that 11 Carvalho directly participated, supervised and/or was actively involved in the incident 12 giving rise to this Complaint, and took actions, versus provided legal advice, that cause 13 the confidential records to be disclosed. 14 9. Defendant Kristin Ridge is the current City Manager for the City of Santa 15 Ana and is charged with the supervision and management of department heads, 16 including Defendant Valentin. Plaintiffs have information and belief that Defendant 17 Ridge participated, supervised and/or was actively involved in the incident giving rise to 18 this Complaint including the failure to investigate allegations of misconduct against 19 Defendant Valentin. 20 10. Defendant, City of Santa Ana, is a Municipal Corporation existing under 21 the Constitution and the laws of the State of California. The City of Santa Ana, via state 22 law, resolution, policy and past practice, has afforded sworn members of the Santa Ana 23 Police Department with the same rights as afforded to sworn peace officers under 24 Government Code §3300, et seq., and Penal Code §§832.5-832.8. 25 11. Defendant, Santa Ana Police Department, is a public safety department of 26 the City of Santa Ana and maintains confidential peace officer personnel 27 information/materials. 28 12. Defendant City of Santa Ana City Attorney's office is a department of the 3 COMPLAINT - 1 City of Santa Ana and employees attorneys as employees of the City. Plaintiffs have 2 information and belief that the City Attorney's office participated, supervised and/or was 3 actively involved in the incident giving rise to this Complaint and took actions, versus 4 provided legal advice, that cause confidential records to be disclosed. 5 13. At all times herein mentioned, DOES I-X, inclusive, were the agents, 6 servants and employees of Defendant, City of Santa Ana and/or Santa Ana Police 7 Department, and in doing the things hereinafter alleged, were acting within the scope of 8 their authority as such agents, servants and employees with the permission and 9 consent of Defendants. Plaintiffs will amend the Complaint to allege true names and 10 capacities of DOES I-X, inclusive when ascertained. 11 FACTS GIVING RISE TO ACTION 12 14. On or about February 25, 2021, a purported reporter with the Voice of OC 13 (an online nonprofit media source) sent to the City Attorney for the City of Santa Ana 14 and Santa Ana Police Department, Sonia Carvalho, directly, a request for public 15 records seeking, among other things a spreadsheet or breakdown of how many 16 employees at the Santa Ana Police Department have been put on paid administrative 17 leave between 01/01/2016 and 2125/2021. The PRA request included a request for Ms. 18 Carvalho to provide the reasons for the employees being put on paid administrative 19 leave and a breakdown of total costs to the City of Santa Ana incurred by paid 20 administrative leave for Santa Ana Police Department employees between 01/01/2016 21 and 2/25/2021. 22 15. On or about March 26, 2021, without prior notice to the involved 23 employees and/or without complying with Penal Code §§832.5-832.8 and/or Evidence 24 Code §1043-1046, the City Attorney's office, the City of Santa Ana, under the 25 supervision of Defendant Ridge and/or the Santa Ana Police Department, under the 26 supervision of Defendant Valentin, intentionally and purposely produced confidential 27 records from the involved officers' personnel files. It is believed that this disclosure 28 included, but was not limited to the disclosure of data that identified the individual 4 COMPLAINT 1 officers involved; a clear violation of Penal Code §832.7(d). 2 16. Defendants Carvalho, Valentin, Ridge, City of Santa Ana and/or the Santa 3 Ana Police Department are aware that peace officer personnel records are confidential 4 and exempt from disclosure. 5 17. On or about April 21, 2021, Deputy Chief of Police Eric Paulson, on behalf 6 of Defendant Valentin, conceded in a letter to the Voice of OC that confidential peace 7 officer personnel had been produced to the Voice of OC, including, but not limited to 8 the names of the officers in connection with administrative investigations. Deputy Chief 9 Paulson requested that the confidential records be returned. 10 18. Plaintiff are informed and believe, and thereupon allege that after the 11 Voice of OC, on or about April 22, 2021, refused to return the confidential records, 12 Defendants failed to take any action to force the Voice of OC to return the documents. 13 19. On or about April 27, 2021, Defendants started notifying certain of the 14 impacted officers of the unlawful actions by Defendants. The Notification did not advise 15 the impacted employees of what specific information had been released nor provided 16 notification of any rights they may have. The notices also did not indicate if the 17 Defendants would be taking further action to enforce the employees' rights. 18 20. Also on or about April 27, 2021, Deputy Chief Paulson informed the Santa 19 Ana Police Officers Association of the Defendants' unlawful disclosure of confidential 20 peace officer information of members of the Santa Ana Police Officers Association. 21 The notification of Defendants' unlawful action did not identify the POA of the names of 22 the impacted members/officers, but simply stated that the effected employees had been 23 notified. 24 21. As it turned out, when Deputy Chief Paulson claimed, on behalf and 25 presumably at the directions of Defendants, that all effected employees had been 26 notified, the statement was not true and appears to have been an intentional 27 misrepresentation by Defendants to conceal the fact that the notifications to the 28 effected employees had just begun. 5 COMPLAINT 1 22, The Santa Ana Police Officers Association filed a written complaint with 2 the Defendant City Manager Kristine Ridge, and Human Resource Director Jason 3 Motsick requesting that the matter be immediately investigated. Plaintiffs are informed 4 and believe, and thereupon allege that even though the Defendants were required to 5 investigate this matter, as a "citizen complaint" pursuant to Penal Code §§832.5-832.7 6 i was filed, Defendants did not investigate nor discipline those city employees 7 responsible for the violations of law. 8 23. Plaintiff has information and belief, and thereupon allege, that Defendants 9 have a policy and/or practice of not investigating allegations of misconduct against 10 members of police management when the complaints are generated from the POA, its 11 members and/or legal counsel. Said actions would violate the provisions of Penal Code 12 §§832.5-832.8 13 24. To the extent and investigation was conducted, Defendants failed to 14 comply with Penal Code §832.7(f)(1) which requires the department or agency shall 15 provide written notification to the complaining party of the disposition of the complaint 16 within 30 days of the disposition. 17 25. Plaintiff has information and belief, and thereupon allege, that Defendants 18 have a policy and/or practice of not informing the complaining party of the disposition of 19 complaint investigations with 30 days of said disposition when the complaints are 20 generated from the POA, its members and/or legal counsel. Said actions would violate 21 the provisions of Penal Code §§832.5-832.8 22 26. On or about April 28, 2021, a number of the effected officers and the 23 Santa Ana Police Officers Association, which has a legal right to represent its members 24 in any and all matters related to their employment with the Santa Ana Police 25 Department, requested copies of any and all communications regarding PRA#21-289, 26 including all a-mails between representatives of the City, Police Department and/or 27 Voice of OC and also requested copies of all records that were produced to the Voice 28 of OC and a list of the impacted officers. Defendants, as part of an ongoing plan and 6 COMPLAINT 1 scheme to undermine and interfere with the POA's ability to represent its members, 2 denied the POA's request for copies of the produced records and list of names of 3 impacted employees. Defendants refused to provide copies of the unlawfully released 4 information and/or the list of names of the impacted employees. 5 6 FIRST CAUSE OF ACTION 7 Against All Defendants 8 Violation of Penal Code 832 et seg. 9 27. Plaintiffs, Santa Ana Police Officers Association and Doe Officers, for a 10 First Cause of Action against Defendants Valentin, Carvalho, City of Santa Ana, Santa 11 Ana Police Department, the City Attorney's office for the City of Santa Ana; and DOES 12 I-X, inclusive, for a Preliminary Injunction, Permanent Injunction, Mandamus Relief 13 and/or other Extraordinary Relief for violation of Penal Code §832 et seq., reallege 14 paragraphs 1-26 above, and further allege: 15 28. Penal Code §832.7(a) provides "Except as provided in subdivision (b), the 16 personnel records of peace officers and custodial officers and records maintained by 17 any state or local agency pursuant to Section 832.5, or information obtained from these 18 1 records, are confidential and shall not be disclosed in any criminal or civil proceeding 19 except by discovery pursuant to Sections 1043 and 1046 of the Evidence Code. Said 20 records are also exempt from disclosure as public records under Government Code 21 §6250, et seq. 22 29. Penal Code §832.7(d) provides "Notwithstanding subdivisions (a) and (b), 23 a department or agency that employs peace or custodial officers may disseminate data 24 regarding the number, type, or disposition of complaints (sustained, not sustained, 25 exonerated, or unfounded) made against its officers if that information is in a form 26 which does not identify the individuals involved." 27 30, Penal Code §832.8 provides "As used in Section 832.7, the following 28 words or phrases have the following meanings: 7 COMPLAINT 1 (a) "Personnel records" means any file maintained under that individual's 2 name by his or her employing agency and containing records relating to 3 any of the following: 4 (1) Personal data, including marital status, family members, educational 5 and employment history, home addresses, or similar information. 6 (2) Medical history. 7 (3) Election of employee benefits. 8 (4) Employee advancement, appraisal, or discipline. 9 (5) Complaints, or investigations of complaints, concerning an event or 10 transaction in which he or she participated, or which he or she perceived, 11 and pertaining to the manner in which he or she performed his or her 12 duties. 13 (6)Any other information the disclosure of which would constitute an 14 unwarranted invasion of personal privacy. 15 31. The Attorney General concluded "[t]he disclosure of peace officer 16 personnel records in violation of ... section 832.7 may constitute a crime under the 17 terms of Government Code section 1222 if the conditions of the latter statute are met." 18 (82 Ops.Cal.Atty.Gen. 246 (1999).) 19 32. Government Code section 1222, makes a public officer's "willful omission 20 to perform any duty enjoined by law" a misdemeanor. Defendants' failure (omission)to 21 treat the impacted officers' personnel documents as confidential was willful, in that the 22 defendants acted on purpose with the intent the records be released publicly. 23 Defendants' actions, as described above constituted a willful omission to perform a 24 public duty enjoined by law. 25 33. Defendants knowingly and intentionally produced records in response to a 26 public records request that Defendants knew or should have know were protected from 27 release due to the records constituting and/or containing confidential peace officer 28 personnel file information. Said disclosure was done in violations of Penal Code 8 COMPLAINT . ti 1 §§832.5-832.8 and/or Evidence Code §1043-1046. 2 34. Plaintiffs, and each of them, bring this action on behalf of themselves and 3 all similarly situated officers, seeking injunctive/mandamus relief against Defendants, 4 and each of them, who have violated these sections, to remedy the violation and to 5 prevent future violations of a like or similar nature, including, but not limited to, the 6 granting of a temporary restraining order, preliminary injunction, or permanent injunction 7 prohibiting the Defendants from releasing any confidential peace officer information 8 without full compliance with the law and without providing prior notice to the impacted 9 officers and/or Santa Ana Police Officers Association. 10 35. Plaintiffs Santa Ana Police Officers Association and Doe Officers have 11 sustained ancillary damages by Defendants' action. These damages include, but are 12 not limited to, attorney fees, costs and general emotional distress. 13 36. The duty to obey the law in maintaining confidential peace officer 14 personnel information is a ministerial duty and is not discretionary. By acting, and 15 failing to act, as set forth above, defendants have violated a ministerial duty. The court 16 can issue an order directing the employer to act. 17 37. Plaintiffs have no plain, speedy or adequate remedy under the law. 18 Plaintiffs have attempted to exhaust all administrative remedies to redress the violation 19 of their rights and have made repeated objections and/or complaints regarding the 20 same to no avail. 21 38. Plaintiff requests this court to award ancillary damages pursuant to C.C.P. 22 §1090 and 1095. 23 39. The actions of defendants, and each of them, were arbitrary and 24 capricious and, therefore, Plaintiff is entitled to recover attorneys' fees pursuant to 25 Government Code §800. 26 40. The success of Plaintiffs in this action will result in the enforcement of an 27 important right affecting the public interest in that a significant benefit will be conferred 28 on a large class of persons, that is, public employees, and the necessity and financial 9 COMPLAIN" i e I burden of private enforcement of said benefit are such as to make appropriate the 2 award of attorney fees pursuant to California Code of Civil Procedure §1021.5. 3 4 SECOND CAUSE OF ACTION 5 AGAINST ALL DEFENDANTS 6 Negligence Per Se 7 41. Plaintiffs, Santa Ana Police Officers Association and Doe Officers for a 8 Second Cause of Action against all Defendants for damages for Negligence Per Se re- 9 allege paragraphs 1 through 40, as though set forth fully, and further allege as follows: 10 42. As alleged above, the defendants, and each of them, violated a statute 11 enacted for the purposes of providing safety to sworn peace officers through the 12 maintenance of certain records as confidential. 13 43, Defendants' violations of law caused the plaintiffs injury alleged herein. 14 44. Defendants' actions in violating the laws cited herein caused the kind of 15 harm the statute was designed to prevent, and the plaintiffs were and are member of 16 the statute's protected class. 17 45. Based on violation of Penal Code §832.5-§832.8, Plaintiff bring a 18 negligence per se claim as Defendants, and each of them, violated section 832.7 by 19 publicly disclosing Doe Officers confidential personnel records without appropriate 20 procedures and/or judicial review, and in failing to abide by the statute, defendants and 21 each of them are presumed negligent. 22 46. Plaintiffs allege that Defendants undertook the above actions in order to 23 promote its/their/his wish to vex, annoy, or injure another person, or an intent to do a 24 wrongful act. Defendants knew or should have known that by taking the above actions, 25 the Plaintiffs and/or his/her career in law enforcement would be harmed. Defendants 26 are believed to have a history and pattern of violating officers rights under Penal Code 27 §§832.5-832.8 and/or Evidence Code §§1043-1046. 28 47. As a direct result of Defendants' behavior, Plaintiffs have and will continue 10 COMPLAINT 1 to incurred harm, damages and attorney's fees in an effort to redress the damages 2 which he/she/it has sustained as a result of said Defendants' outrageous behavior. 3 48. Plaintiffs have no plain, speedy or adequate remedy under the law. 4 Plaintiffs have attempted to exhaust all administrative remedies to redress the violation 5 of their rights. Furthermore, if there were any administrative remedies, the Defendants 6 listed herein would be making the decisions; thus, exhaustion would have been futile. 7 49. Plaintiffs request this court to award ancillary damages pursuant to C.C.P. 8 §1090 and 1095. 9 50. The actions of defendants, and each of them, were arbitrary and 10 capricious and, therefore, Plaintiffs are entitled to recover attorneys' fees pursuant to 11 Government Code §800. 12 51. The success of Plaintiffs in this action will result in the enforcement of an 13 important right affecting the public interest in that a significant benefit will be conferred 14 on a large class of persons, that is, public employees, and the necessity and financial 15 burden of private enforcement of said benefit are such as to make appropriate the 16 award of attorney fees pursuant to California Code of Civil Procedure §1021.5. 17 18 THIRD CAUSE OF ACTION 19 AGAINST ALL MUNICIPAL DEFENDANTS 20 Violation of Penal Code §832-Failure to Investigate Complaint(s) 21 52. Plaintiffs, Santa Ana Police Officers Association and Doe Officers for a 22 Third Cause of Action against Defendants Valentin, Ridge, City of Santa Ana, and 23 Santa Ana Police Department re-allege paragraphs 1 through 51, as though set forth 24 fully, and further allege as follows: 25 53. Penal Code 832.5(a) (1) provides "Each department or agency in this 26 state that employs peace officers shall establish a procedure to investigate complaints 27 by members of the public against the personnel of these departments or agencies, and 28 shall make a written description of the procedure available to the public." 11 COMPLAINT 1 54. Penal Code §832.7(f) (1) mandates that"The department or agency shall 2 provide written notification to the complaining party of the disposition of the complaint 3 within 30 days of the disposition." 4 55. The City of Santa Ana and Santa Ana Police Department have 5 established and published procedures for receiving and investigating complaints. The 6 1 established procedures indicate that complaints will investigated and the party 7 submitting the complaint will be notified of the results by mail. 8 56. The procedure for addressing citizen complaints the department 9 established and published obligated the department to conduct an investigation into the 10 allegations of the complaint that was sufficient to allow a decision-maker make four 11 possible findings, and the procedure obligated the Chief of Police to make one of those 12 findings with respect to each allegations of misconduct. Defendants did not comply 13 with these obligations, and Plaintiffs are entitled to a writ of mandate compelling 14 defendants to perform their ministerial duty to satisfy the obligations imposed by the 15 department's published procedure. (See Galzinski v. Somers, (2016) 2 Cal.App.5th 16 1164). 17 57. Plaintiff filed a complaint and request for investigation and Defendants 18 failed to either investigate the allegations of misconduct (which were also violations of 19 state law and possible misdemeanor offenses) and/or refused to notify Plaintiff POA of 20 the outcome of the investigation. 21 58. Defendants had a ministerial duty to investigate the POA's citizen's 22 complaint and to render a finding on that complaint in compliance with the complaint 23 procedure the department established and made public pursuant to subdivision (a)(1) of 24 Penal Code section 832.5. (See Gregory v. State Bd. of Control (1999) 73 Cal.App.4th 25 584 (`[a] public entity has a ministerial duty to comply with its own rules and regulations 26 where they are valid and unambiguous); Pozar v. Department of Transportation (1983) 27 145 Cal.App.3d 269 (a writ of mandate may be issued to compel a public agency to 28 follow its own internal procedures.). 12 COMPLAINT 1 59. A writ of mandate may be issued by any court to any inferior tribunal, 2 corporation, board, or person, to compel the performance of an act which the law 3 specially enjoins, as a duty resulting from an office, trust, or station...." (Code Civ. Proc., 4 § 1085, subd. (a).) Indeed, "[t]he writ must be issued in all cases where there is not a 5 plain, speedy, and adequate remedy, in the ordinary course of law ... upon the verified 6 petition of the party beneficially interested." (Id. , § 1086.) In essence, "[m]andamus lies 7 to compel the performance of a clear, present, and ministerial duty where the petitioner 8 has a beneficial right to performance of that duty." (Carrancho v. California Air 9 Resources Board (2003) 111 Cal.AppAth 1255 1265) "A duty is ministerial when it is 10 the doing of a thing unqualifiedly required." (Redwood Coast Watersheds Alliance V. 11 State Bd. of Forestry& Fire Protection (1999) 70 Cal.AppAth 962, 970). 12 60. Plaintiffs seek a writ of mandate commanding Defendants to investigate 13 Plaintiff's complaint regarding the release of the confidential information and to inform 14 Plaintiff of the outcome of that investigation. Plaintiff further seeks an order of the court 15 mandating that Defendants, and each of them, fully investigate any and all complaints 16 made to the City of Santa Ana/Santa Ana Police Department regarding the misconduct 17 of police department employeeslofficials. 18 61. Plaintiffs have no plain, speedy or adequate remedy under the law. 19 Plaintiffs have attempted to exhaust all administrative remedies to redress the violation 20 of their rights. 21 62. Plaintiffs request this court to award ancillary damages pursuant to C.C.P. 22 §1090 and 1095. 23 63. The actions of defendants, and each of them, were arbitrary and 24 capricious and, therefore, Plaintiffs are entitled to recover attorneys' fees pursuant to 25 Government Code §800. 26 64. The success of Plaintiffs in this action will result in the enforcement of an 27 important right affecting the public interest in that a significant benefit will be conferred 28 on a large class of persons, that is, public employees, and the necessity and financial 13 COMPLAINT I burden of private enforcement of said benefit are such as to make appropriate the 2 award of attorney fees pursuant to California Code of Civil Procedure §1021.5. 3 4 FOURTH CAUSE OF ACTION 5 AGAINST ALL MUNICIPAL DEFENDANTS 6 Violation of Government Code §3500, et seg. 7 65. Plaintiffs, Santa Ana Police Officers Association and Doe Officers for a 8 Third Cause of Action against Defendants Valentin, City of Santa Ana, and Santa Ana 9 Police Department re-allege paragraphs 1 through 558, as though set forth fully, and 10 further allege as follows: 11 66. Government Code §3500(a) provides "It is the purpose of this chapter to 12 promote full communication between public employers and their employees by 13 providing a reasonable method of resolving disputes regarding wages, hours, and other 14 terms and conditions of employment between public employers and public employee 15 organizations. It is also the purpose of this chapter to promote the improvement of 16 personnel management and employer-employee relations within the various public 17 agencies in the State of California by providing a uniform basis for recognizing the right 18 of public employees to join organizations of their own choice and be represented by 19 those organizations in their employment relationships with public agencies." 20 67. Government Code §3502 provides, in part, "Except as otherwise provided 21 by the Legislature, public employees shall have the right to form,join, and participate in 22 the activities of employee organizations of their own choosing for the purpose of 23 representation on all matters of employer-employee relations." 24 68, Government Code §3503 provides, in part, "Recognized employee 25 organizations shall have the right to represent their members in their employment 26 relations with public agencies." 27 69. Government Code §3506 provides "Public agencies and employee 28 organizations shall not interfere with, intimidate, restrain, coerce or discriminate against 14 COMPLAINT I public employees because of their exercise of their rights under Section 3502." 2 70. Government Code §3506.5 provides, in part, "A public agency shall not do 3 any of the following: (b) Deny to employee organizations the rights guaranteed to them 4 by this chapter." 5 71. An exclusive representative is entitled to all information that is "necessary 6 and relevant"to the discharge of its duty to represent bargaining unit employees. 7 (Stockton Unified School District (1980) PERB Decision No. 143, p. 13.), An 8 employer's failure or refusal to provide such information violates the duty to bargain in 9 good faith unless the employer proves the information is "plainly irrelevant" or raises a 10 valid defense to production of the information. (ibid.; State of California (Departments of 11 Personnel Administration and Transportation) (1997) PERB Decision No. 1227-S, p. 12 28.) But when the requested information does exist in some form, the fact that the 13 employer may have to compile it from various sources does not excuse the employer 14 from producing it unless the employer can prove doing so would be unduly 15 burdensome. (Regents of the University of California (Davis) (2010) PERB Decision No. 16 2101-H, pp. 33-34; Chula Vista City School District (1990) PERB Decision No. 834, p. 17 56.) . 18 72. The Santa Ana Police Officers Association made a request for information 19 related to Defendants unlawful disclosure of information about the Association's 20 members. Defendants denied the request for information; thereby interfering with 21 and/or restraining the Association's ability to represent its members and the members 22 ability to be represented by its employee organization. 23 73. Government Code section 1222, makes a public officer's "willful omission 24 to perform any duty enjoined by law" a misdemeanor. Defendants' failure (omission) to 25 treat the impacted officers' personnel documents as confidential was willful, in that the 26 defendants acted on purpose with the intent to inhibit and restrain the Association's 27 representation of its members and the members ability to be represented by the 28 Association. Defendants' actions, as described above constituted a willful omission to 15 COMPLAINT 1 perform a public duty enjoined by law. 2 74. Defendants knowingly and intentionally interfered with and/or restrained 3 Plaintiffs in response to a public records request that Defendants knew or should have 4 know were protected from release due to the records constituting and/or containing 5 confidential peace officer personnel file information, 6 75, Plaintiffs, and each of them, bring this action on behalf of themselves and 7 all similarly situated officers, seeking injunctive/mandamus relief against Defendants, 8 and each of them, who have violated these sections, to remedy the violation and to 9 prevent future violations of a like or similar nature, including, but not limited to, the 10 granting of a temporary restraining order, preliminary injunction, or permanent injunction 11 prohibiting the Defendants from concealing information requested by the Association. 12 76. Plaintiffs Santa Ana Police Officers Association and Doe Officers have 13 sustained ancillary damages by Defendants' action. These damages include, but are 14 not limited to, attorney fees, costs. 15 77. The duty to obey the laws set forth in Government Code §3500, et seq., is 16 a ministerial duty and is not discretionary. By acting, and-failing to act, as set forth 17 above, defendants have violated a ministerial duty. The court can issue an order 18 directing the employer to act. 19 78. Plaintiffs have no plain, speedy or adequate remedy under the law. 20 Plaintiffs have attempted to exhaust all administrative remedies to redress the violation 21 of their rights and have made repeated objections and/or complaints regarding the 22 same to no avail. 23 79. Plaintiff requests this court to award ancillary damages pursuant to C.C.P. 24 §1090 and 1095. 25 80. The actions of defendants, and each of them, were arbitrary and 26 capricious and, therefore, Plaintiff is entitled to recover attorneys' fees pursuant to 27 Government Code §800. 28 81. The success of Plaintiffs in this action will result in the enforcement of an 16 COMPLAINT 1 important right affecting the public interest in that a significant benefit will be conferred 2 on a large class of persons, that is, public employees, and the necessity and financial 3 burden of private enforcement of said benefit are such as to make appropriate the 4 award of attorney fees pursuant to California Code of Civil Procedure §1021.5. 5 6 WHEREFORE, Plaintiffs pray for judgment against Defendants and each of them 7 as follows: 8 FIRST CAUSE OF ACTION 9 1. A declaration of the Court that the Defendants violated Penal Code 10 §832.5-832.7 and/or Evidence Code §§1043-1046 and that Plaintiffs are entitled to the 11 full relief afforded under Penal Code §832.5-832.7 and/or Evidence Code §§1043- 12 1046; 13 2. The granting of appropriate injunctive or other extraordinary relief to 14 remedy the violation and to prevent future violations of a like or similar nature, including, 15 but not limited to, the granting of a temporary restraining order, preliminary injunction, or 16 permanent injunction prohibiting Defendants, and each of them, and their agents, 17 representatives, employees, servants and/or investigators from releasing any 18 confidential information of peace officers, and/or requiring that prior to any disclosure 19 that the impacted officer(s) be notified; thus, being given the right to invoke their rights; 20 3. That this court issues a temporary restraining order, preliminary and/or 21 permanent injunction enjoining and restraining Defendants, and each of them, and their 22 agents, representatives, employees, servants and/or investigators from releasing any 23 confidential peace officer personnel information without full compliance with the 24 pertinent laws; 25 4. Awarding of all ancillary relief, including statutory penalties, damages and 26 attorney fees; 27 SECOND CAUSE OF ACTION 28 5. A declaration of the Court that the Defendants violated Penal Code 17 COMPLAINT 1 §832.5-832.7 and/or Evidence Code §§1043-1046 and that Defendants are negligent 2 per se; 3 6. The granting of appropriate injunctive or other extraordinary relief to 4 remedy the violation and to prevent future violations of a like or similar nature, including, 5 but not limited to, the granting of a temporary restraining order, preliminary injunction, or 6 permanent injunction prohibiting Defendants, and each of them, and their agents, 7 representatives, employees, servants and/or investigators from releasing any 8 confidential information of peace officers, and/or requiring that prior to any disclosure 9 that the impacted officer(s) be notified; thus, being given the right to invoke their rights; 10 7. That this court issues a temporary restraining order, preliminary and/or 11 permanent injunction enjoining and restraining Defendants, and each of them, and their 12 agents, representatives, employees, servants and/or investigators from releasing any 13 confidential peace officer personnel information without full compliance with the 14 pertinent laws; 15 8. Awarding of all ancillary relief, including statutory penalties, damages and 16 attorney fees; 17 THIRD CAUSE OF ACTION 18 9. A declaration of the Court that the Defendants violated Penal Code 19 §832.5-832.7 by failing to investigation allegations of misconduct against sworn peace 20 officers and/or notifying the complainant of the outcome of said investigation; 21 10. The granting of appropriate injunctive or other extraordinary relief to 22 remedy the violation and to prevent future violations of a like or similar nature, including, 23 but not limited to, the granting of a temporary restraining order, preliminary injunction, or 24 permanent injunction prohibiting Defendants, and each of them, and their agents, 25 representatives, employees, servants and/or investigators from failing to investigate 26 allegations of misconduct against police management and/or failing to notify the 27 complainant of the outcome of the investigations. 28 11. Awarding of all ancillary relief, including statutory penalties, damages and 18 COMPLAINT 1 attorney fees; 2 FOURTH CAUSE OF ACTION 3 12. A declaration of the Court that the Defendants violated Government Code 4 §3500, et seq., and that Plaintiffs are entitled to the full relief afforded under 5 Government Code §3500, et seq., including a make whole remedy; 6 13. The granting of appropriate injunctive or other extraordinary relief to 7 remedy the violation and to prevent future violations of a like or similar nature, including, 8 but not limited to, the granting of a temporary restraining order, preliminary injunction, or 9 permanent injunction prohibiting Defendants, and each of them, and their agents, 10 representatives, employees, servants and/or investigators from refusing reasonable 11 requests for information necessary for the POA to represent it members and/or 12 necessary for the members to be represented by the POA. 13 14. That this court issues a temporary restraining order, preliminary and/or 14 permanent injunction enjoining and restraining Defendants, and each of them, and their 15 agents, representatives, employees, servants and/or investigators from interfering 16 and/or restraining the Plaintiffs' right to be represented and/or provide representation. ; 17 15. Awarding of all ancillary relief, including statutory penalties, damages and 18 attorney fees; 19 ALL CAUSES OF ACTION 20 16. That, to the extent declaratory relief is granted in this case, the Court find 21 that Defendants violated Plaintiffs' rights as afforded under Penal Code 22 §832, et seq.; 23 17. For all relief afforded under Government Code §3500, et seq., including, 24 but not limited to that requested herein; 25 18. That Defendants takes nothing by virtue of this action; 26 19. Statutory attorney fees as permitted by law; 27 20. For cost of suit and attorneys fees incurred herein; and 28 21. For such other and further relief as the Court may deem just and proper 19 COMPLAINT 1 Dated: November 7, 2021 COREY W. GLAVE, ATTORNEY AT LAW 2 /sl Corey Glave 3 Corey W. Glave, Attorney for Plaintiffs 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 20 COMPLAINT 1 VERIFICATION 2 The undersigned declares as follows: 3 4 l am the attorney of record for all plaintiffs in this action, I am verifying this 5 Complaint on the basis that all named plaintiffs are absent from the county where 1 6 have my office. I have read the foregoing COMPLAINT, and know the contents thereof. 7 The contents are true, except as to the matters which are therein stated on information 8 or belief, and as to those matters 1 believe them to be true and Plaintiffs are acting in 9 good faith in bringing forward such allegations. 10 1 declare under penalty of perjury under the laws of the State of California that 11 the foregoing is true and correct. 12 /SI Corey Glave 13 14 COREY GLAVE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 COMPLAINT Electronically Filed by Superior Court of California, County of Orange, 11/08/2021 08:00:00 AM, 010 ATTORNEY OR PARTY WITHOUT ATTGRNEY(Name,Stale gar number,and adUress): ' FOR COURT USE O LY Corey W. Glave (SBN164746) Attorney at Law 632 S. Gertruda Ave. Redondo Beach, CA 90277 TELEPHONE No.: 323-547-0472 FAX NO.: n/a ATTORNEY FOR(Name): Plaintiffs SAPOA/Doe Officers SUPERIOR COURT OF CALIFORNIA,COUNTY OF Orange STREETAODREss: 700 Civic Center Plaza MAILING ADDRESS: CITY AND ZIP CODE: Santa Ana, CA 92701 BRANCHNAME: Central Justice CASE NAMS:SAPOA/Doe Officers v.City of Santa Ana, et al CIVIL CASE COVER SHEET Complex Case Desigril.n CASE NUMBER: ® Unlimited ❑ Limited 30.202 1-0 1230 13 4-CU-WT-CJC (Amount (Amount El Counter El .binder JUDGE: demanded demanded is Filed with first appearance by defendant Midge Glenn Salter exceeds$25,000) $25,OOC or less) (Cal. Rules of Court, rule 3.402) DEPT: Items 1-6 below must be completed see instructions on page 2). 1. Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation ❑ Auto(22) ❑ Breach of contract/warranty(06) (Cal.Rules of Court,rules 3.400--3.403) ❑ Uninsured motorist(46) ❑ Rule 3.740 collections(09) ❑ Antitrust/Trade regulation(03) Other PIIPDIWD(Personal Injury/Property ❑ Other collections(09) ❑ Construction defect(10) DamagelWrongful Death)Tort ❑ Insurance coverage(18) ❑ Mass tort(40) ❑ Asbestos(04) ❑ Other contract(37) ❑ Securities litigation(28) ❑ Product€lab€Illy(24) Real property ❑ Environmental/Toxic tort(30) ❑ Medical malpractice(45) ❑ Eminent dornalnlinverse ❑ insurance coverage claims arising from the ❑ Other PIIPDIWD(23) condemnation(14) above listed provisionally complex case Non-PIIPDNVD(Other)Tort ❑ Wrongful eviction(33) types(41) ❑ Bustness tortlunfair business practice(07) ❑ Other real property(26) Enforcement of Judgment ❑ Civil rights(08) Unlawful Dotainer ❑ Enforcement of judgment(20) ❑ Defamation(13) ❑ Commercial(31) Miscellaneous Civil Complaint ❑ Fraud(16) ❑ Residential(32) ❑ RICO(27) ❑ Intellectual property(19) ❑ Drugs(38) ❑ Other complaint(not specified above)(42) ❑ Professional negligence(25) Judicial Review Miscellaneous Civil Petition ❑ Other non-PIIPDNVD tort(35) ❑ Asset forfeiture(05) ❑ Partnership and corporate governance(21) Employment ❑ Petition re:arbitration award(11) ❑ Other petition(not specified above) (43) ❑ Wrongful termination(36) ❑ Writ of mandate(02) ® Other employment(16) ❑ Other judicial review(39) 2. This case ❑ is ® is not complex under rule 3,400 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: a. ❑ Large number of separately represented parties d. ❑ Large number of witnesses b. ❑ Extensive motion practice raising difficult or novel e. ❑ Coordination with related actions pending in one or more courts issues thatwil€be time-consuming to resolve in other counties, states, or countries, or in a federal court c. ❑ Substantial amount of documentary evidence f. ❑ Substantial postjudgment judicial supervision 3. Remedies sought(check all that apply): a.®monetary b. ® nonmonetary; declaratory or injunctive relief c. ® punitive 4. Number of causes of action (specify):3:Penal Code 832.5-832.8; Negligence Per Se; Penal Code 832.5-832.8; MMBA 5. This case ❑ is ® is not a class action suit. 6. If there are any known related cases,file and serve a notice of related case. (You may use form CM-015.) Date: November7, 2021 Corey W. Glave ► 1s/ Corey W. Glave TYPE OR PRINT NAME SIGNATURff OF PARTY OR ATTORNEY FOR PARTY NOTICE • Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed under the Probate Cade, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.)Failure to file may result in sanctions. . File this cover sheet in addition to any cover sheet required by local court rule. e If this case is complex under rule 3.400 et seq. of the California Rules of Court,you must serve a copy of this cover sheet on all other parties to the actlon or proceeding. • Unless this is a collections ease under rule 3.740 or a complex case,this cover sheet will be used for statistical purposes only. Pa e1 of2 Form Adopted for Mandatory Use CIVIL CASE COVER SHEET Cal.Rules of Court,rules 2.30,3.220,3.A00--3.403,3,740 Judldal Council of Galifornla Cal.Standards of Judicial Administraton,std,3,10 CM-010[Rev.July 1.2007] WWW.CoUrtinro.ca.gov CM-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must complete and file, along with your first paper,the Civil Case Cover Sheet contained on page 1.This information will be used to compile statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1, check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action. To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party, its counsel,or both to sanctions under rules 2.30 and 3,220 of the California Rules of Court. To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorneys fees, arising from a transaction in which property, services,or money was acquired on credit. A collections case does not include an action seeking the following: (1)tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of attachment. The identification of a case as a rule 3,740 collections case on this form means that it will be exempt from the general time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case will be subject to the requirements for service and obtaining a judgment in rule 3.740. To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3,400 of the California Rules of Court, this must be indicated by completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex,the cover sheet must be served with the complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintiffs designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that the case is complex. CASE TYPES AND EXAMPLES Auto Tort Contract Provisionally Complex Civil Litigation(Cal. Auto(22)—Personal Injury/Property Breach of Contract/Warranty(06) Rules of Court Rules 3.400-3.403) Damage/Wrongful Death Breach of RentallLease Antitrust/Trade Regulation(03) Uninsured Motorist(46)(if the Contract(not unlawful detainer Construction Defect(10) case involves an uninsured or wrongful eviction) Claims Involving Mass Tort(40) motorist claim subject to ContracVWarranty Breach—Seller Securities Litigation(28) arbitration,check this item Plaintiff(not fraud or negligence) EnvironmentallToxle Tor[(30) instead ofAuto) Negligent Breach of Contract/ Insurance Coverage Claims Other PIIPD1WD(Personal Injury/ Warranty (arising from provisionally complex Property Damage/Wrongful Death) Other Breach of Contract/Warranty case type listed above)(41) Tort Collections(e.g.,money owed,open Enforcement of Judgment Asbestos(04) book accounts)(09) Enforcement of Judgment(20) Asbestos Property Damage Collection Case—Seller Plaintiff Abstract of Judgment(Out of Asbestos Personal Injury/ Other Promissory Note/Collection County) Wrongful Death Case Confession of Judgment(non- Product Liability(not asbestos or Insurance Coverage(not provisionally domestic relations) toxiclenvironmental)(24) complex)(18) Sister State Judgment Medical Malpractice(46) Auto Subrogation Administrative Agency Award Medical Malpractice— Cther Coverage (not unpaid taxes) Physicians&Surgeons Other Contract(37) PetitionlCer[lfication of Entry of Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes Malpractice Other Contract Dispute Other Enforcement of Judgment Other PIIPDNVD(23) Real Property Case Premises Liability(e.g.,slip Eminent Domainllnverse Miscellaneous Civil Complaint and fall) Condemnation(14) RICO(27) intentional Bodily Injury/PDAND Wrongful Eviction(33) Other Complaint(not specified (e.g.,assault,vandalism) Other Real Property(e,g.,quiet title)(26) above)(42) Intentional Infliction of Writ of Possession of Real Property Declaratory Relief Only Emotional Distress Mortgage Foreclosure Injunctive Relief Only(non- Negligent Infliction of Quiet Title harassment) Emotional Distress Other Real Property(not eminent Mechanics Lien Other PI/PDNVD domain,landlord4enant, or Other Commercial Complaint Non-PIIPDIWD(Other)Tort foreclosure} Case(non-tortlnon-complex) Business Tort/Unfair Business Unlawful Detainor Other Civil Complaint Practice(07) Commercial(31) (non-toWnon-complex) Civil Rights(e.g,,discrimination, Residential(32) Miscellaneous Civil Petition false arrest)(not civil Drugs (38)(if the case involves illegal Partnership and Corporate harassment)(08) drugs,check this item;otherwise, Governance(21) Defamation(e.g.,slander,libel) report as Commercial or Residential) Other Petition(not specified (13) Judicial Review above)(43) Fraud(16) Asset Forfeiture(05) Civil Harassment lntell—fua]Property(10) Petition Re:Arbitration Award 01) Workplace Violence Professional Negligence(25) Writ of Mandate(02) Elder/Dependent Adult Legal Malpractice Writ—Administrative Mandamus Abuse Other Professional Malpractice Writ—Mandamus on limited Court Election Contest (not medical or legal) Case Matter Petition for Name Change Other Non-PUPDIIND Tort(36) Writ--Other Limited Court Case Petition for Relief From Late Employment Review Claim Wrongful Termination(36)Other Other Ju die!al Review(39) Other Civil Petition Employment(15) Review of Health Officer Order Notice of Appeal—Labor Commissioner Appeals CM-010[Rev.July 1,2007] CIVIL CASE COVER SHEET Page 2 of 2 American LegalNet,Inc. www.Fo rm s wo rklfo w.com SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE FOR COURT USE ONLY STREET ADDRESS: 1275 N,Berkeley AveFILED MAI LI NG AD DR ESS: 1275 N.Berkeley Ave SUPERfOR C0UR T OF CAL rFCRNlA CITY AND Z€P CODE:Fullerton 92838 COUNTY OF ORANGE BRANCH NAME: North Justice Center PLAINTIFF:Santa Aria Police Officers Associaton et,al. DEFENDANT:David'Valenlin et.aI. Nov 8, 2021 Gler,of the Court Short Title:SANTA ANA POLICE OFFICERS ASSOCIATON VS.VALENTIN By:Jessica Duarb,Depot¢ CASE NUMBER: NOTICE OF HEARING 30-2021-01230134-Cll-WT-NJC CASE MANAGEMENT CONFERENCE Please take notice that a(n), Case Management Conference has been scheduled for hearing on 05/12/2022 at 08:30:00 AM in Department N06 of this court, located at North Justice Center. Plaintiff(s)IPetitioner(s) to provide notice to all defendant(s)/respondent(s). Parties who file pleadings that add new parties to the proceeding must provide notice of the Case Management Conference to the newly added parties. LWORTANT:Prior to your hearing date,please check the Court's website for the most current instructions regarding how to appear for your hearing and access services that are available to answer your questions, Civil Matters -Imps:;/-vvww.oc:cout-L;.or_lmedia-> latiol s;c ivil,l>tzrzl Probate/Mental Health-httPs:,f;ivww-opcotwts.or&rncdies-re:l,,ttion;;it)robatc;-nic;nt,,il-health.httxll IMP€7RTANTE: Antes de la feclm de su audiencia,visite el silio web de la Corte para saber cuales son las instrucciones xnas aetuales para participar on la audiencia y tener aceeso a los servicios disponibles para responder a sus pregturttas. Casos Civiles lttfrs i{Gv�v�u,oc cctllrts.orb`nxeclits� ltioticivil,latrt�l Casos de Probate y Salud Mental-htt su�tutx vv.c�c ccttrts.ox trtedia�rel:�tiottst .ohate-mental-hc�t1th_l�ttnl QUAN TRONG: Trtroc ngay plum toa efta quy�i,viii lottg kie^m tra trang tnang c-da toa an de biet nhfmg hubng din tx 6l nhat ve cdch ra Mu phi6n tba efLa cluy vi va tiep can nhung dick vu hien co d8 gial dap nhirng thL ma-C c-6a quy vi. Vats De Dan 5u- htt s.','wi��v.c�eortrts.ot fta�ediawtclG�tions civii...htrrtl 'MA Tits Di Chiic/Sft KhBe Ti3th Than-lattt�:i%v ��,t�cet�urts.cr►�irlaedia,te4at€ons/t�rnbate-��:iezttal-i�ealtl>.htrnl Clerk of the Court, By: 1� " , Deputy NOTICE OF HEARING Page:1 SUPERIOR COURT OF CALIFORNIA, COUNTY OFORANGE North Justice Center 1275 N. Berkeley Ave Fullerton 92838 SHORT TITLE: SANTA ANA POLICE OFFICERS ASSOCIATON VS. VALENTIN CASE NUMBER: CLERK'S CERTIFICATE OF SERVICE BY MAIL 30-2021-01230134-CU-WT-NJC I certify that I am not a party to this cause. I certify that a true copy of the above Notice of Hearing has been placed for collection and mailing so as to cause it to be mailed in a sealed envelope with postage fully prepaid pursuant to standard court practices and addressed as indicated below. The certification occurred at Fullerton , California, on 11/0812021. Following standard court practice the mailing will occur at Sacramento, California on 11/09/2021. Clerk of the Court, by: `t � Deputy COREY W GLAVE 632 S. GERTRUDA REDONDO BEACH, CA 90277 CLERK'S CERTIFICATE OF SERVICE BY MAIL Page:2 V3 1013a(June 2004) Code or GMI Proce6ure,g ccPiol3(a) Electronically Filed by Superior Court of California, County of Orange, 11/08/2021 08:00:00 AM. 30-2021-01230129-CU-OE-CJC - ROA#4- DAViD H. YAMASAKI, Clerk of the Court By Jessica Duarte, Deputy Sc.100 SUMMONS FOR COURT USE ONLY (CITACION JUDICIAL) (SOLO PRRA.USO DE LA CORTE) NOTICE TO DEFENDANT: (A VISO AL DEMANDADO): CITY OF SANTA ANA, a Municipal Corporation; see additional parties attachment YOU ARE BEING SUED BY PLAINTIFF: 6 i:7 K °_ T_E C-01 J�OCJI_. (LO ESTA DEMANDANDO EL DEMANDANTE): Cj 1` -imil' _43 Santa Ana Police Officers Association and Gerry Serrano NOTICEI You have been sued.The court may decide against you without your being heard unless you respond within 30 days.Read the information below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff.A letter or phone call will not protect you.Your written response must be in proper legal form if you want the court to hear your case.There may be a court form that you can use for your response.You can find these court forms and more information at the Califomia Courts Online Self-Help Center(www.courtinfo.ca.gov/selfhelp),your county law library,or the courthouse nearest you.If you cannot pay the fling fee,ask the court clerk for a fee waiver form. If you do not file your response on time,you may lose the case by default,and your wages,money,and property may be taken without further warning from the court. There are other legal requirements.You may want to call an attorney right away. If you do not know an attorney,you may want to call an attorney referral service.If you cannot afford an attorney,you may be eligible for free legal services from a nonprofit legal services program.You can locate these nonprofit groups at the California Legal Services Web site(www.lawhelpcalifornia.org),the California Courts Online Self-Help Center (www.courtinfo.ca.govtselfhelp), or by contacting your local court or county bar association. NOTE:The court has a statutory lien for waived fees and costs on any settlement or arbitration award of$10,000 or more in a civil case..The courts lien must be paid before the court will dismiss the case. IAVISOI Lo han demandado. Si no responde dentro de 30 dfas,la Corte puede decidir en su contra sin escuchar su versi6n.Lea la informacOn a continuaci6n. Tiene 30 DIAS DE CALE'NDARIO despuds de que le entreguen esta citaci6n y papeles legales para presenter Una respuesta par escrito en esta carte y hater que se entregue Una copia al demandante. Una Carta o Una Ramada telef6nice no to protegen. Su respuesta par escrito tene que ester en formato legal correcto si desea que procesen su case en la torte.Es posible que haya un formulario que usted pueda usar pars su respuesta. Puede encontrar estos formulailos de la torte y mIs infonnaci6n an al Centro de Ayuda de las Cores de Califomia(www.suco rte.ca.gov), en la biblioteca de leyes de su condado D en la carte que le quede mis cerca. Si no puede pagar la cuota de presentaci6n,plea al secretario de la carte que le d6 un formulario de exencidn de pago de cuotas. Si no presenta su respuesta a tiempo,puede perder el caso por incumplimiento y la carte le podr6 quitar su sueldo, dinero y bienes sin mcls advertencia. Hay otros requisites legales.Es recomendable que tlame a un abogado inmediatamente. Si no conoce a un abogado,puede llamar a un servicio de remisi6n a abogados. Si no puede pagar a un abogado,es posible que cumpla con los requisitos para obtener servicios legales gratuitos de un programa de servicios legales sin fines de lucro. Puede encontrar astos grupos sin fines de lucro en el sitio web de Califomia Legal Services, fwww.lawhelpcalifornia.org), en el Centro de Ayuda de las Coues de Califomia, (www.su carte.ca.gov)a poni6ndose en contacto con la Corte o el colegio de abogados locales.AVISO:Parley,la torte tene derecho a mclamar las cuotas ylos costos exentos porimponer un gravamen sobre cualquier recupewaci6n de$10,000 6 m6s de valor recibida mediante un acuerdo o Una concesi6n de arbitraje en un caso de derecho civil. Tiene que pagar el gravamen de la carte antes de que la carte pueda desechar el caso. The name and address of the court is: CASE NUMBER: (El nombre y direcci6n de la torte es): (Wmero del Caso). Orange County Superior Court 700 Civic Center Drive West, Santa Ana, CA 92701 The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is: (El nombre, la direction y el n6mero de telefono del abogado del demandante, o del demandante que no tene abogado, es): Corey W. Glave Attorney at Law 632 S. Gertruda Ave, Redondo Beach CA 90277 (323) 547-0472 DATE: Clerk, by Deputy (Fecha) (Secretario) (Adjunto) (For proof of service of this summons, use Proof of Service of Summons (form POS-010).) (Para prueba de entrega de esta citati6n use el formulario Proof of Service of Summons, (POS-010)). ISEaf] NOTICE TO THE PERSON SERVED:You are served 1. ❑ as an individual defendant. 2. ❑ as the person sued under the fictitious name of(specify): 3. ❑ on behalf of(specify): under: ❑ CCP 416.10(corporation) ❑ CCP 416.60(minor) ❑ CCP 416.20(defunct corporation) ❑ CCP 416.70(conservatee) ❑ CCP 416.40(association or partnership) ❑ CCP 416.90(authorized person) ❑ other(specify): 4. ❑ by personal delivery on (date): Page 1 of i Form Adopted for Mandatory U a SUMMONS American Code of Civil Procedure§§412.20,465 Judicial Ccuncil of Califomia sWoriet,Inc. www.courtinfb.ca.gov sum-ion[Rev,July 1,20091 wvuw.Farms Warkfiaw.com SUM-200 A SHORT TITLE: CASE NUMBER: Santa Ana POA/Serrano v. City of Santa Ana, et al INSTRUCTIONS FOR USE 4 This form may be used as an attachment to any summons if space does not permit the listing of all parties on the summons. -/ If this attachment is used, insert the following statement in the plaintiff or defendant box on the summons:"Additional Parties Attachment form is attached." List additional parties (Check only one box. Use a separate page for each type of party.): ❑ Plaintiff ® Defendant ❑ Cross-Complainant ❑ Cross-Defendant SANTA ANA POLICE DEPARTMENT, a public safety department; DAVID VALENTIN, Chief of Police; KRISTIN RIDGE, City Manager; SONIA CARVALHO, City Attorney; JASON MOTSICK, Director of Human Resources; DOES I-X, inclusive Page of Page 7 of 1 Forin Adopted far Mandatory ADDITIONAL PARTIES ATTACHMENT Judicial Councicurcil of California SUM.M(A)[Rev.January 1,2007] Attachment to Summons American LegalNet,in www.Forms Workdow.com SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE FORCOURTUSEONLY STREET ADDRESS: 700 W.Civic Center DRIVE F I LED MAILING ADDRESS: 700 W.Civic Center Drive SUPERJOR COURT OF CA JFORNIA CITY AN D ZIP CODE'Santa Ana 92701 COUNTY of ORANGE BRANCH NAME: Central Justice Center PLANTIFF:Santa Ana Police Officers Association et.al. Nov 8, 2021 DEFENDANT:City of Santa Ana et.al. Clerk of the Court Short Title:SANTAANA POLICE OFFICERS ASSOCIATION VS.CITY OF SANTAANA By.Jessica Duarte.Deputy CASE NUMBER: NOTICE OF HEARING 30-2021-01230129-CU-OE-CJC CASE MANAGEMENT CONFERENCE Please take notice that a(n), Case Management Conference has been scheduled for hearing on 05/09/2022 at 09:00:00 AM in Department C20 of this court, located at Central Justice Center. Plaintiff(s)IPetitioner(s) to provide notice to all defendant(s)lrespondent(s). Parties who file pleadings that add new parties to the proceeding must provide notice of the Case Management Conference to the newly added parties. IMPORTANT: Prior to your hearing date,please check the Court's website for the most current instructions regarding how to appear for your hearing and access services that are available to answer your questions. Civil Matters -https.1/www.occoLirts.org/me(lia-relations/civfl.himl Probate/Mental Health-htt s://www.occaurt.s.org/nicdia-relat.ions/probate-mental-health.htntl IMPORTANTE: Antes de la fecba de sit audiencia,visite el sitio web de la Corte para saber cuales Solt las instrucciones mas actuales para participar ett]a audiencia y tener acceso a los servicios disponibles para responder a sus preguntas. Casos Ci`•iles -ht(ps://ww-,,Nr.occotil-ts.org/inedia-relations/eivil-litnil Casos de Probate y Salud Mental-https "/www.occotlrts.org,media-relations/probate-mental-l-iealth.litn-il QUAN TROtNG: Tiu& ngay plOn toa cua quy vi,vui long kiem tra trang mang cua toa an de biet nhfmg hudttg clan m&1 nhat ve oath ra hau phi�n toa cfia quy vi va tie-p can nitfirng dick vu hizn ca de gial dap nhfmg that mac cua quy vi. Van De" Dan Su-httpsY/www.occoinis.orp/mcclia-relations/'Civil_litinl Tlrii Tuc Di Cltitc;'Sfrc Kltoe Toth Than- httpsJfurww.occotu-ts.orp-tnedia-relations/probate-mental-health.lttml Clerk of the Court, By: C�I , Deputy NOTICE OF HEARING Page.1 SUPERIOR COURT OF CALIFORNIA, COUNTY OFORANGE Central Justice Center 700 W. Civic Center DRIVE Santa Ana 92701 SNORT TITLE: SANTA ANA POLICE OFFICERS ASSOCIATION VS. CITY OF SANTA ANA CASE NUMBER: CLERK'S CERTIFICATE OF SERVICE BY MAIL 30-2021-01230129-CU-OE-CJC I certify that I am not a party to this cause. I certify that a true copy of the above Notice of Hearing has been placed for collection and mailing so as to cause it to be mailed in a sealed envelope with postage fully prepaid pursuant to standard court practices and addressed as indicated below. The certification occurred at Santa Ana, California, on 11/08/2021. Following standard court practice the mailing will occur at Sacramento, California on 11/09/2021. Clerk of the Court, by'. Deputy COREY W GLAVE 632 S. GERTRUDA REDONDO BEACH, CA 90277 CLERK'S CERTIFICATE OF SERVICE BY MAIL Page:2 V3 1013a(Jute 2004) Code of Civil Procedure §CCP1013(a) Electronically Filed by Superior Court of California, County of Orange, 11/08/2021 08:00:00 AM. 010 ATTORNEY OR PARTY WITHOUT ATTORNEY(Name,Slate Bar number,and address): FOR COURT USE O (.Y Corey W. Glave (SBN164746) Attorney at Law 632 S. Gertruda Ave. Redondo Beach, CA 90277 TELEPHONE No, 323-547-0472 FAX NO., nla ATTORNEY FOR(Name): Plaintiffs SAPOA/Serrano SUPERIOR COURT OF CALIFORNIA,COUNTY OF Orange STREET ADDRESS: 700 CMG Center Plaza MAILING ADDRESS: CITY AND 7IPCODE: Santa Ana, CA 92701 BRANCH NAME, Central Justice CASE NAME: SAPOAISerrano v. City of Santa Ana, et al CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER: ® Unlimited ❑ Limited ❑ Counter ❑ Joinder (Amount (Amount JUDGE: demanded demanded is Filed with first appearance by defendant exceeds$25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402 DEPT Items 1-6 below must be completed see instructions on page 2). 1. Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation ❑ Auto(22) ❑ Breach of contract/warranty(06) (Cal.Rules of Court,rules 3.400-3.403) ❑ Uninsured motorist(46) ❑ Rule 3.740 collections(09) ❑ AntitrustlTrade regulation(03) Other PIIPDtVMD(Personal Injury/Property ❑ Other collections(09) ❑ Construction defect(1 o) DamageMrongful Death)Tort ❑ Insurance coverage(18) ❑ Mass tort(40) ❑ Asbestos(04) ❑ Other contract(37) ❑ Securities litigation(28) ❑ Product liability(24) Real Property ❑ Environmental/Toxic tort(30) ❑ Medical malpractice(45) ❑ Eminent domain/inverse ❑ Insurance coverage claims arising from the ❑ Other PIIPDIWD(23) condemnation(14) above listed provisionally complex case Non-PI1PDIMMD(Other)Tort ❑ Wrongful eviction(33) types(41) ❑ Business toruunfair business practice(07) ❑ Other real property(26) Enforcement of Judgment ❑ Civil rights(08) Unlawful Detainer ❑ Enforcement ofjudgment(20) ❑ Defamation(13) ❑ Commercial(31) Miscellaneous Civil Complaint ❑ Fraud(16) ❑ Residential(32) ❑ RICO(27) ❑ Intellectual property(19) ❑ Drugs(38) ❑ Other complaint(not specified above)(42) ❑ Professional negligence(25) Judicial Review Miscellaneous Civil Petition ❑ Other non-PIIPDNIlD tort(35) ❑ Asset forfeiture(05) ❑ Partnership and corporate governance(21) Employment ❑ Petition re:arbitration award(11) ❑ Other petition(not specified above)(43) El wrongful termination(36) ❑ Writ of mandate(02) ® Other employment(15) ❑ Other judicial review(39) 2. This case ❑ is E is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: a. ❑ Large number of separately represented parties d. ❑ Large number of witnesses b. ❑ Extensive motion practice raising difficult or novel e. ❑ Coordination with related actions pending in one or more courts issues that will be time-consuming to resolve in other counties, states, or countries,or in a federal court c. ❑ Substantial amount of documentary evidence f. ❑ Substantial postjudgment judicial supervision 3. Remedies sought(check all that apply): a.®monetary b. ® nonmonetary, declaratory or injunctive relief c. ® punitive 4. Number of causes of action (specify):6:MMBA; POBRA, Speech; Labor Cade; Penal Code 832.5-832.8; Retaliation 5. This case ❑ is Z is not a class action suit. 6. If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.) Date: November7, 2021 Corey W. Glave ► Isl Corey W. Glave TYPE OR PRINT NAME SIGNATURE OF PARTY OR ATTORNEY FOR PARTY NOTICE • Plaintiff must file this cover sheet with the First paper filed in the action or proceeding (except small claims cases or cases filed under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3,220.)Failure to file may result in sanctions. • File this cover sheet in addition to any cover sheet required by local court rule. • If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding. • Unless this is a collections case under rule 3.740 or a complex case,this cover sheet will be used for statistical purposes only. Pa e1af2 Form Adopted for Mandatory Use CIVIL CASE COVER SHEET cal.Rules of Court,rufes2,30,3.220,3.4ob--3.403,3.74c; Judicial Council of California Cal.Standards of Judicial Administration,std.3.10 CM-0101Rev,July 1,20071 www.courtinfb.ca.gov CM-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must complete and file, along with your first paper,the Civil Case Cover Sheet contained on page 1. This information will be used to compile statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1, check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action. To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover sheet must be filed only with your initial paper. Failure to file a cover street with the first paper filed in a civil case may subject a party, its counsel,or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money owed in a sum stated to be certain that is not more than$25,000, exclusive of interest and attorney's fees, arising from a transaction in which property, services, or money was acquired on credit.A collections case does not include an action seeking the following: (1)tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general time-far-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case will be subject to the requirements for service and obtaining a judgment in rule 3.740. To Parties In Complex Cases, In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3,400 of the California Rules of Court, this must be indicated by completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintiff's designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that the case is complex. CASE TYPES AND EXAMPLES Auto Tort Contract Provisionally Complex Civil Litigation(Cal. Auto(22)--Personal InjurylProperty Breach of Contract/Warranty(00) Rules of Court Rules 3.400-3.403) Damage/Wrongful Death Breach of Rental/Lease Antitrust/Trade Regulation(03) Uninsured Motorist(46)(if the Contract(not unlawful detainer Construction Defect(10) case involves an uninsured or wrongful eviction) Claims Involving Mass Tort(40) motorist claim subject to ContractlWarranty Breach—Seller Securities Litigation(28) arbitration,check this item Plaintiff(not fraud or negligence) EnvironmentaVToxic Tort(30) instead of Auto) Negligent Breach of Contract/ Insurance Coverage Claims Other PIIPDIWD(Personal Injuryl Warranty (arising from provisionally complex Property DamagetWrongful Death) Other Breach of Contract/Warranty case type listed above)(41) Tort Collections(e.g.,money owed,open Enforcement of Judgment Asbestos(04) book accounts)(09) Enforcement of Judgment(20) Asbestos Property Damage Collection Case—Seller Plaintiff Abstract of Judgment(Out of Asbestos Personal Injuryl Other Promissory Note/Collections County) Wrongful Death Case Confession of Judgment(non- Product Liability(not asbestos or Insurance Coverage(not provisionally domestic relations) toxiclenvironmental)(24) complex)0 B) Sister State Judgment Medical Malpractice(45) Auto Subrogation Administrative Agency Award Medical Malpractice— Other Coverage (not unpaid taxes) Physicians&Surgeons Other Contract(37) Petillon/Certification of Entry of Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes Malpractice Other Contract Dispute Other Enforcement of Judgment Other PI/PDIWD(23) Real Property Case Premises Liability(e.g.,slip Eminent Domain/Inverse Miscellaneous Civil Complaint and fall) Condemnation(14) RICO(27) Intentional Bodily Injury/PDIWD Wrongful Eviction(33) Other Complaint(not specified (e.g.,assault,vandalism) Other Real Property(e.g,,quiet title)(26) above)(42) Intentional Infliction of Writ of Possession of Real Property Declaratory Relief Only Emotional Distress Mortgage Foreclosure Injunctive Relief Only(non- Negligent Infliction of Quiet Title harassment) Emotional Distress Other Real Property(not eminent Mechanics Lien Other PIIPDIWD domain,landlord4enant or Other Commercial Complaint Non-PIIPDIWD(Other)Tort foreclosure) Case(non-tort/non-complex) Business Tort/Unfair Business Unlawful Detalner Other Civil Complaint Practice(07) Commercial(31) (non-tort/non-complex) Civil Rights(e.g.,discrimination, Residential(32) Miscellaneous Civil Petition false arrest)(not civil Drugs(38)(if the case involves Illegal Partnership and Corporate harassment)(08) drugs,check this item;otherwise, Governance(21) Defamation(e.g,,slander,libel) report as Commercial or Residential) Other Petition(not specified (13) Judicial Review above)(43) Fraud(16) Asset Forfeiture(05) Civil Harassment Intellectual Property(19) Petition Re:Arbitration Award(11) Workplace Violence Professional Negligence(25) Writ of Mandate((12) Elder/Dependent Adult Legal Malpractice Writ—Administrative Mandamus Abuse Other Professional Malpractice Writ—Mandamus on Limited Court Election Contest (not medical or legal) Case Matter Petition for Name Change Other Non-PIIPDIWD Tort(35) Writ—Other Limited Court Case Petition for Relief From Late Employment Review Claim Wrongful Termination(36)Other Other Judicial Review(39) Other Civil Petition Employment(15) Review of Health Officer Order Notice of Appeal—Labor Commissioner Appeals CU-010[Rev.July 1,2007] CIVIL CASE COVER SHEET Page 2 of American LegalNet,Inc. mow.PormsWorkdomoorr Electronically Filed by Superior Court of California, County of Orange, 11/08/2021 08:00:00 AM. 30-202 -01230129-CU-OE-CJC- ROA#2- DAVID H. YAMASAKI, Clerk of the Court By Jessica Duarte, Deputy Ch rk. 1 COREY W. GLAVE (State Bar No. 164746) Attorney at Law 2 632 S. Gertruda Ave Redondo Beach, CA 90277 3 Phone: (323) 547-0472 POAattorney@aoi.com 4 5 Attorneys for Plaintiffs Santa Ana Police Officers Assn 6 and Gerry Serrano 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 FOR THE COUNTY OF ORANGE-CENTRAL 9 10 SANTA ANA POLICE OFFICERS ) Case 11 ASSOCIATION; GERRY SERRANO ) CIVIL COMPLAINT 12 Plaintiffs, ) vs. ) 1. VIOLATION OF GOVERNMENT 13 ) CODE §3500, ET SEQ. CITY OF SANTA ANA, a Municipal ) 2. VIOLATION OF THE PUBLIC 14 Corporation; SANTA ANA POLICE } SAFETY OFFICERS DEPARTMENT, a public safety } PROCEDURAL BILL OF 15 department; DAVID VALENTIN, Chief } RIGHTS ACT, GOVERNMENT of Police; KRISTIN RIDGE, City ) CODE SECTION 3300 ET. SEQ. 16 Manager; SONIA CARVALHO, City ) 3. VIOLATION OF FREEDOM OF Attorney; JASON MOTSICK, Director of SPEECH 17 Human Resources; DOES I-X, inclusive } 4. VIOLATION OF LABOR CODE } §§1102, 1102, 1102.5 18 Defendants. ) 5. VIOLATION OF PENAL CODE §§832.5-832.8, EVIDENCE 19 ) CODE §§1043-1046 6. RETALIATION UNDER 20 ) GOVERNMENT CODE §12900, ET SEQ. 21 } 22 ) REQUEST FOR JURY TRIAL 23 24 COMES NOW PLAINTIFFS SANTA ANA POLICE OFFICERS ASSOCIATION 25 and GERRY SERRANO and allege as follows: 26 1. Plaintiff Santa Ana Police Officers Association (SAPOA) is the recognized 27 employee organization as defined under Government Code §3500, et seq., and/or 28 Government Code §3501(a). The SAPOA has as one of its primary purposes the 1 COMPLAINT 1 representation of sworn and non-sworn employees of the Santa Ana Police Department 2 in their employment relations with the City of Santa Ana and/or Santa Ana Police 3 Department. In the sworn ranks the SAPOA represents all sworn officers holding the 4 ranks of Police Sergeant and below, as well as Correctional Supervisor and below. 5 2. Plaintiff Gerry Serrano has been since 2016, and now is, the President of 6 the Santa Ana Police Officers Association and the recognized representative of the 7 Santa Ana Police Officers Association as that term is used in Government Code 8 §3502.1. He is also a sworn police officer, holding the rank of Police Sergeant with the 9 Santa Ana Police Department. 10 3. Defendant City of Santa Ana is a Municipal Corporation existing under the 11 Constitution and the laws of the State of California. The City of Santa Ana is a public 12 agency as that term is defined in Government Code §3501(c). It is a municipal entity 13 employing public employees and thus, has a mandatory duty to comply with the 14 provisions of Government Code §3300, et seq., and Government Code §3500, et seq. 15 4. Defendant Santa Ana Police Department is a department of the City of 16 Santa Ana and a public safety department, as that terms is used in Government Code 17 §3309.5. Defendant Santa Ana Police Department is also a public agency, as that term 18 is used in Government Code §3500, et seq. 19 5. Defendant Kristine Ridge was and is the City Manager for the City of 20 Santa Ana, and the direct supervisor/appointing authority of the Chief of Police and 21 Human Resource Director. Ridge is the person responsible for the operations of the 22 city, including the overall management of the City. Plaintiffs have information and belief 23 that Ridge participated in, supervised and/or was actively involved in the incidents 24 giving rise to this action in both her individual and official capacities. 25 6. Defendant David Valentin was and is the appointed Chief of Police for the 26 City of Santa Ana, Santa Ana Police Department. As such he is charged with the 27 supervision and management of personnel, including personnel investigations and 28 discipline of employees of the Santa Ana Police Department. Plaintiffs have information 2 COMPLAINT 1 and belief that Valentin participated in, supervised and/or was actively involved in the 2 incidents giving rise to this action in both his individual and official capacities. 3 7. Sonia Carvalho was and is a private attorney employed by the law firm of 4 Best Best and Krieger LLP, and is the appointed and/or contracted City Attorney for the 5 City of Santa Ana. Plaintiffs have information and belief that Carvalho participated in, 6 supervised and/or was actively involved in the incidents giving rise to this action in both 7 her individual and official capacities, and that she acted outside the scope of her duties 8 as an attorney when engaging in acts described below. 9 8. Defendant Jason Motsick was and is the appointed Human Resource 10 Director for the City of Santa Ana and is charged with the supervision and management 11 of personnel, including personnel investigations and discipline of employees of the 12 Santa Ana Police Department. Plaintiffs have information and belief that Motsick 13 participated in, supervised and/or was actively involved in the incidents giving rise to 14 this action in both his individual and official capacities. 15 9. At all times herein mentioned, DOES I-X, inclusive, were the agents, servants 16 and employees of Respondent, City of Santa Ana and/or Santa Ana Police Department, 17 and in doing the things hereinafter alleged, were acting within the scope of their 18 authority as such agents, servants and employees with the permission and consent of 19 Respondents. Claimant will amend the Complaint to allege true names and capacities 20 of DOES I-X, inclusive when ascertained. 21 GENERAL FACTS 22 10. Serrano became President of the SAPOA in 2016 and has served 23 continuously in the position. 24 11. When seeking appointment as Chief of Police, Defendant Valentin sought 25 out and received the support of Serrano and the SAPOA. Later, when the SAPOA and 26 Serrano sought wages and benefits for the SAPOA membership and/or opposed 27 Valentin on matters of concerns to the Plaintiffs, Valentin's demeanor and working 28 relationship with Plaintiffs became adversarial. 3 COMPLAINT 1 12. In or about February 2019, the City Council for the City of Santa Ana 2 passed a resolution adopting a Memorandum of Understanding that provided 3 significant, and needed salary increases for members of the SAPOA. Two City 4 Councilpersons and Defendant Valentin opposed the raises. Thereafter, the SAPOA 5 led a successful recall effort to remove the City Councilperson, causing Valentin to 6 become concerned with the SAPOA's and Serrano's political influence. 7 13. Later, when Valentin attempted to obtain approval from the City Council to 8 create an additional captain position so he could promote one of his allies, 9 SAPOA/Serrano opposed the creation of the position. The City Council sided with the 10 SAPOA/Serrano and did not create an additional captain position. Valentin becam e 11 emotionally upset and barked at Serrano that he needed to "STAND DOWN." It was 12 clear Valentin's concern about the SAPOA having more influence with the City Council 13 than he did was growing. 14 14. Similarly, Defendant Carvalho began expressing to others that she did not 15 like Serrano. Thereafter, she would purposely interfere and obstruct items pertaining to 16 the SAPOA or Serrano. 17 15. It is believed that Defendants Valentin and Carvalho formed a conspiracy 18 to attack Serrano and the SAPOA. Defendant Valentin and members of his police 19 management team have admitted animosity against Serrano as the President of the 20 Santa Ana Police Officers Association. This animosity has caused Defendant Valentin 21 and the management team under his guidance to treat members of the SAPOA 22 adversely if the employee is believed to be associated with or sought the aid of SAPOA 23 and/or SAPOA President Serrano. Due to this relationship, Defendant Valentin 24 purposely and intentionally interferes with the SAPOA's ability to represent its 25 membership and acts contrary to state law. Conversely, Valentin gives special 26 treatment and turns a blind eye to allegations of misconduct by those he believes will 27 either give their loyalty to him and/or oppose the SAPOA/Serrano. 28 4 COMPLAINT 1 SPYING 2 16. In January, 2020, Defendant Valentin began spying on Plaintiff Serrano 3 and members of the Santa Ana City Council by redirecting copies of all e-mail 4 communications sent by Serrano to City Councilmember Solorio, from June 2017 5 forward, to his office. Defendant Valentin then had the City's IT department put a tracer 6 on all of Serrano's emails so that they would automatically be copied to Defendant 7 Valentin. 8 OTHERINTERFERENCE 9 17. During the last year and continuing to the present, Defendants have 10 censored membership communications and/or denied the SAPOA the ability to send 11 membership communications via the City's e-mail system. 12 18. Defendant Valentin has engaged in action to advocate for a change of 13 leadership in the SAPOA and has attempted to interfere with SAPOA elections. Said 14 action includes, but is not limited to, encouraging candidates to run against Serrano for 15 the position of Association President, and questioning members' support for Serrano 16 when they are seeking special assignments and promotions. 17 COMPLAINTS AGAINST LIEUTENANTS 18 19. In or about January, 2020, the SAPOA and Serrano were informed of 19 allegations of misconduct by SAPD Lieutenants/Commanders Jose Gonzalez and 20 Robert Rodriguez. It was alleged that the two were maliciously spreading rumors 21 regarding activities of Serrano and the SAPOA. Plaintiffs have information and belief, 22 and thereon allege, that said actions constitute violations of department policy and 23 negatively impact the morale of the police department as well as cause division in the 24 SAPOA. The Plaintiffs met with Defendant Valentin and informed him of the allegations 25 of misconduct. Valentin appeared dismissive. Since Valentin failed to initiate an 26 investigation as required by Penal Code §§832.5-832.7, the SAPOA/Serrano reported 27 the information to Defendant Ridge. Again, no investigation was initiated of the police 28 commanders nor of Defendant Valentin. 5 COMPLAINT 1 20. On or about June 8, 2021, Plaintiffs filed an official complaint regarding 2 the commanders' actions and the failure to investigate the allegations with Defendant 3 Motsick. Motsick also refused to initiate an investigation of the commanders and 4 Defendant Valentin. 5 PERB COMPLAINT 6 21. In or about February, 2020, the SAPOA filed an Unfair Practice Charge 7 with the Public Employment Relations Board (PERB) alleging that the City of Santa Ana 8 had interfered with, intimidated, attempted to restrain and coerce members of the 9 Association and Gerry Serrano. The City informally resolved the matters, so the SAPOA 10 withdrew the charge. 11 CAMPAIGN SIGNS 12 22. In April, 2020, Plaintiffs reported the theft of campaign signs related to a 13 recall of Santa Ana City Councilmember Iglesias. One of the identified suspects was 14 the City Council person herself. The SAPOA learned that a Police Commander directed 15 the investigating officer to alter his report so that the City Council person would not be 16 listed as the suspect. The Plaintiffs reported the Police Commander's actions to 17 Defendant Valentin. 18 23. Instead of investigating the unlawful actions of the Police Commander, 19 Valentin ordered his Internal Affairs commander and investigators to conduct an 20 investigation of Serrano. 21 24. When the Plaintiffs obtained a video recording showing the former City 22 Council person stealing the campaign signs, Defendant Valentin, Defendant Carvalho 23 and other private attorneys employed by her firm, directly and through Valentin's 24 supporters pressured the Orange County District Attorney's office to open a criminal 25 case against Serrano. When the District Attorney's office rejected Valentin's pressures 26 Valentin became upset. With the help of Defendant Carvalho and her private law firm, 27 he began a lengthy letter and meeting campaign in which he chastised the District 28 Attorney's decision and knowingly included false information in the communications 6 COMPLAINT I with the District Attorney's office. 2 25. As part of the April, 2020, efforts to wrongfully bring a criminal case 3 against Serrano, Defendants used department resources, including the Internal Affairs 4 unit, to draft memoranda with adverse comments about Serrano. Serrano was never 5 informed by Defendants of the internal investigation or memoranda, and Defendants 6 failed to allow Serrano to review the adverse comments. It is further believed, to the 7 extent that Defendants have initiated an Internal Affairs investigation, the investigation 8 was not completed within one year of notice of the allegations of misconduct nor has 9 Plaintiff Serrano been notified of any proposed discipline or outcome of the 10 investigation during that one year period. Defendants intentionally concealed the 11 information regarding this investigation and the related memoranda from Plaintiffs. 12 CULICHI TOWN COVER-UP 13 26. On August, 2020, on-duty SAPD officers responded to a call for service at 14 the Culichi Town Restaurant. The call involved allegations that off-duty SAPD officers 15 had sexually battered two underage girls that were at the restaurant. The officers 16 response was caught on body worn cameras and the victim's family produced a video 17 of the incident that showed off-duty police sergeant Oscar Lizardi as being present and 18 possibly involved in the incident. A Police Commander reported the incident to then IA 19 Commander, and now Deputy Chief, Robert Rodriguez. Rodriguez is believed to be a 20 close friend of Lizard. He denied the Commander's request for the incident to be 21 investigated. 22 27. On or about September 2, 2020, a request for public records was made 23 for information related to the call including the Incident Detail Report, copy of the 911 24 emergency calls and/or non-emergency line calls, and police dispatch radio traffic audio 25 files related to the incident (Incident No. 200805316). Defendant Valentin, on 26 September 24, 2020, denied, in total, the PRA request in order to cover up the 27 misconduct of his IA Commander and one of his closest allies (Lizardi) asserting that 28 the records could not be released because they involved juveniles. This demonstrated 7 COMPLAINT I that Valentin was aware of the incident and that it involved allegations of criminal 2 conduct towards juveniles by off-duty SAPID officers. 3 28. SAPOA/Serrano complained to Defendants about Valentin's and 4 Rodriguez's attempts to cover up alleged criminal conduct by officers who supported 5 Defendant Valentin pointing out that this conduct amounted to conspiring to commit a 6 criminal act. It is believed that it wasn't until June, 2021, after multiple complaints and 7 requests for investigations by the SAPOA, that Defendants initiated an investigation of 8 two of the three responding officers. The third responding officer was given a special 9 assignment on Lizardi's specialized team. In July, 2021, the Department initiated an 10 Internal Affairs investigation of one of the off-duty officers, but not Lizardi, who was the 11 ranking officer amongst the off duty personnel involved in the incident. 12 29. On information and belief, Plaintiffs allege that Defendants have refused 13 to initiate an investigation of Deputy Chief Rodriguez and/or Defendant Valentin. 14 PENSION ISSUE 15 30. In October, 2020, the Defendants inquired of CalPERS as to the propriety 16 of including a premium pay, called "Confidential" received by Serrano while on paid 17 release time to serve as the SAPOA President in the calculation of his pension. It is 18 believed that the City had never inquired about this issue with any prior SAPOA 19 President. When it appeared that there might be a question regarding the inclusion of 20 the premium in the calculation of Serrano's pension, the City and SAPOA reached an 21 agreement acceptable to Ca1PERS. However, because Serrano continued to carry out 22 his duty to represent the Association and its members, activity that is clearly protected 23 under the law, Defendants failed and refused to take the necessary steps to resolve the 24 issue. 25 F'PPC COMPLAINT 26 31. In November, 2020, Sonia Carvalho, believed to be acting on her own 27 personal vendetta and without City Council approvalsent a request to the California Fair 28 Political Practices Commission seeking a finding that Serrano, as the SAPOA 8 COMPLAINT 1 President, engaged in a conflict of interest by negotiating a side letter agreement 2 related to the pension issue. As the City Council was scheduled to approve the 3 resolution of the pension issue, Carvalho made multiple inquiries to the FPPC for an 4 opinion letter finding Serrano was engaging in an unethical conflict of interest. 5 Ultimately, the FPPC found that Serrano did not engage in any conflict of interest nor 6 did his actions give rise to an unethical conflict of interest. It is believed that Carvalho 7 was acting on her own and with the sole purpose of personally interfering with the 8 SAPOA/Serrano and/or with intent to harm Serrano. 9 FEMALE DISCRIMINATION COMPLAINTS 10 32. In or about November, 2020, SAPOA/Serrano informed Defendant Ridge 11 that there was ongoing discrimination against female employees in the Department. 12 Plaintiffs described an incident involving female officers' attendance at a conference 13 regarding leadership issues for women in law enforcement and the Chief's behavior 14 towards those female employees. Defendant Ridge did not open an investigation into 15 the matter until months later when it was statutorily too late to take disciplinary action 16 against Defendant Valentin or his subordinates. 17 33. After Plaintiffs informed Defendant Ridge of the discrimination and 18 harassment of the female officers, Defendant Valentin ordered a "preliminary 19 assessment" in order to cover up his and his staff's misconduct. The Human Resource 20 representative that appeared with him when he confronted the female officers 21 conducted the investigation. The female officers were ordered to appear for 22 interrogations. They were not provided any information as to the nature of the 23 investigation. When they appeared for interrogation, the HR Representative read from a 24 transcript, indicated that she was going to prepare a report that only went to Valentin, 25 and then questioned the females about the female's actions and did not have any 26 preset questions about Chief Valentin's, DC Esparza's or other police commander's 27 actions. 28 34. On information and belief, it is alleged the Valentin lied to Defendant 9 COMPLAINT I Ridge and Defendant Motsick claiming that he had initiated an investigation of the 2 discrimination when, in fact, he initiated an investigation of the female officers in order 3 to silence them. 4 35. The Defendants did not hire an investigator to look into these issues of 5 harassment and discrimination until April, 2021. 6 36. On or about May 3, 2021, Plaintiffs filed a Notice of Claim against the City 7 of Santa Ana, Santa Ana Police Department, Defendant Valentin, and Deputy Chief 8 Enriquez Esparaza related to the unlawful discrimination, harassment and investigation 9 of the female officers. 10 37. Defendant has summarily dismissed the complaints from the 11 SAPOA/Serrano regarding the discrimination against female officers as just part of 12 Serrano's desire to fix his pension issue. 13 JAIL MANAGEMENT COMPLAINT 14 38, On December 2, 2020, the SAPOA/Serrano sent an email to Defendant 15 Ridge and Defendant Valentin requesting an investigation of misconduct by jail 16 management/supervision wherein it was alleged that serious misconduct was being 17 covered up and/or not addressed, and that supervisors were being directed to falsify 18 reports and/or official documents. 19 DISCLOSURE OF CONFIDENTIAL RECORDS 20 39. On or about February 25, 2021, a purported reporter with the Voice of OC 21 (an online nonprofit media source) sent to Sonia Carvalho, the City Attorney for the City 22 of Santa Ana and Santa Ana Police Department, a Public Records Act (PRA) request 23 seeking, a spreadsheet or breakdown of how many employees at the Santa Ana Police 24 Department have been put on paid administrative leave between 01/01/2016 and 25 2125/2021. The PRA request included a request for Ms. Carvalho to provide the 26 reasons for the employees being put on paid administrative leave and a breakdown of 27 total costs to the City of Santa Ana incurred by paid administrative leave for Santa Ana 28 Police Department employees between 01101/2016 and /25/2021. 10 COMPLAINT 1 40. On or about March 26, 2021, without prior notice to the involved 2 employees or the SAPOA and/or without complying with Penal Code §§832.5-832.8 3 and/or Evidence Code §1043-1046, the City Attorney's office, the City of Santa Ana, 4 under the supervision of Defendant Ridge and/or the Santa Ana Police Department, 5 under the supervision of Defendant Valentin, intentionally and purposely produced 6 confidential records from the involved officers' personnel files. It is believed that this 7 disclosure included data that identified the individual officers involved which is a clear 8 violation of Penal Code §832.7(d). 9 41. Defendants Carvalho, Valentin, Ridge, City of Santa Ana and/or the Santa 10 Ana Police Department are aware that peace officer personnel records are confidential 11 and exempt from disclosure. 12 42. On or about April 21, 2021, Deputy Chief of Police Eric Paulson, on behalf 13 of Defendant Valentin, conceded in a letter to the Voice of OC that confidential peace 14 officer personnel had been produced to the Voice of OC, including, but not limited to 15 the names of the officers in connection with administrative investigations. Deputy Chief 16 Paulson requested that the confidential records be returned. Plaintiffs are informed and 17 believe, and thereupon allege that after the Voice of OC refused to return the 18 confidential records, Defendants failed to take any action to force the Voice of OC to 19 return the documents. 20 43. On or about April 27, 2021, Defendants started notifying certain of the 21 impacted officers of the unlawful actions by Defendants. The Notification did not advise 22 the impacted employees of what specific information had been released and did not 23 notify them of any rights they may have. The notices also did not indicate if the 24 Defendants would be taking further action to enforce the employees' rights. 25 44. Also on or about April 27, 2021, Deputy Chief Paulson informed the Santa 26 Ana Police Officers Association of the Defendants' unlawful disclosure of the 27 confidential peace officer information of members of the Santa Ana Police Officers 28 Association. The notification of Defendants' unlawful action did not identify to the POA I COMPLAINT I the names of the impacted members/officers, but simply stated that the effected 2 employees had been notified. As it turned out, when Deputy Chief Paulson claimed, on 3 behalf and presumably at the directions of Defendants, that all affected employees had 4 been notified, the statement was not true and appears to have been an intentional 5 misrepresentation by Defendants to conceal the fact that the notifications to the 6 effected employees had just begun. 7 45. The Santa Ana Police Officers Association filed a written complaint with 8 the Defendant City Manager Kristine Ridge, and Human Resource Director Jason 9 Motsick requesting that the matter be immediately investigated. Plaintiffs are informed 10 and believe, and thereupon allege that even though the Defendants were required to 11 investigate this matter, as a "citizen complaint" pursuant to Penal Code §§832.5-832.7, 12 Defendants did not investigate nor discipline those city employees responsible for the 13 violations of law. 14 46. On or about April 28, 2021, a number of affected officers and the Santa 15 Ana Police Officers Association, which has a legal right to represent its members in any 16 and all matters related to their employment with the Santa Ana Police Department, 17 requested copies of any and all communications regarding PRA#21-289, including all 18 a-mails between representatives of the City, Police Department and/or Voice of OC and 19 also requested copies of all records that were produced to the Voice of OC and a list of 20 the impacted officers. Defendants, as part of an ongoing plan and scheme to 21 undermine and interfere with the POA's ability to represent its members, denied the 22 POA's request for copies of the produced records and list of names of impacted 23 employees. Defendants refused to provide copies of the unlawfully released information 24 and/or the list of names of the impacted employees. 25 47. Also on April 28, 2021, Defendants Motsick, Valentin, Ridge and Carvalho 26 issued a letter wherein they indicated that City was terminating the SAPOA's long 27 standing ability to send emails to communications to all SAPOA members through the 28 City's email system. 12 COMPLAINT 1 48. On or about May 3, 2021, Plaintiffs filed a Notice of Claim against 2 Defendants City of Santa Ana, Santa Ana Police Department and Defendant Valentin 3 regarding their unlawful disclosure of confidential peace officer records. 4 49. Defendant Ridge and Carvalho have summarily dismissed the complaints 5 from the SAPOA/Serrano regarding the unlawful disclosure of records as just part of 6 Serrano's desire to fix his pension issue. 7 FALSE INFORMATION TO CITY COUNCIL MEMBER 8 50. On or about May 12, 2021, the SAPOA/Serrano learned that Santa Ana 9 City Councilmember Penaloza had complained to Defendant Valentin that officers from 10 Valentin's special unit (MET), which is supervised by Sgt. Lizardi, had shined the patrol 11 vehicle's ally lights at him while he was driving on multiple occasions. It was further 12 learned that Defendant Valentin tried to falsely blame the SAPOA and Serrano for the 13 officers' alleged actions. 14 COMPLAINT AGAINST VALENTIN 15 51. On or about May 13, 2021, the SAPOA/Serrano filed a complaint on 16 behalf of the members of the SAPOA against Defendant Valentin and his police 17 management similar to that made in November, 2020. SAPOA raised issues regarding 18 unaddressed gender discrimination; unaddressed cover-up of the Culichi Town incident; 19 allegations that Valentin committed perjury in at least one deposition; the inclusion of 20 false information in official personnel records; Jail Managers covering up alleged 21 misconduct by employees and/or falsifying records/reports related to the misconduct; 22 interference in a criminal investigation where a former City Council person was initially 23 listed as the suspect until the officer was directed to change his report; and interference 24 with Association activities and/or representation of members. 25 52. In response to the May 13, 2021, complaint, Defendants either failed to 26 initiate an investigation, as required by Penal Code §§832.5-832.7 and/or failed to 27 report to the complainant the outcome of the investigation(s). 28 53. Defendant Ridge and Carvalho have summarily dismissed the complaints from 13 COMPLAINT 1 the SAPOA/Serrano as just part of Serrano's desire to fix his pension issue. 2 CITY MANAGER DISCIPLINARY ACTION 3 54. In order to try to silence the SAPOA/Serrano, on or about May 18, 2021, 4 Defendant Ridge issued a disciplinary document entitled "Employee Conduct Warning 5 Letter" to Serrano for acts he undertook as the "advocate and leader of the SAPDX 6 which Defendant Ridge argued violated the City Charter and police department policies. 7 Under the provisions of Government Code §3300, et seq., this document constituted a 8 written reprimand and punitive actions as that term is used under Government Code 9 §§3303 and 3304. 10 55. Under the City Charter Defendant Ridge does not have the ability to 11 discipline a police sergeant as she is not the appointing authority for the police 12 department. Therefore, Ridge's actions were outside her official capacity and 13 demonstrated that she was acting in excess of her authority in order to discriminate, 14 harass and retaliate against Serrano and the SAPOA. 15 56. The May 18, 2021, Employee Conduct Warning Letter specifically initiated 16 punitive action against Serrano, as the President of the SAPOA, for communicating (via 17 text and e-mail) to elected officials raising issues with the management of the Police 18 Department. The Warning Letter also directed Serrano, as the President of the SAPOA 19 not to communicate regarding police management issues with the Santa Ana City 20 Council. 21 57. Serrano, on May 20, 2021, invoked his rights under POBRA and 22 requested all documentation supporting Defendant Ridge's allegations of misconduct, 23 and all complaints giving rise to the punitive action. Serrano also invoked his right to an 24 administrative appeal under Government Code §3304. Defendants have failed and 25 refused to provide Serrano any documents supporting the allegations contained in 26 Ridge's letter and have refused to afford him any administrative appeal of the punitive 27 action imposed against him. 28 INVESTIGATION OF SERRANO 14 COMPLAINT 1 58. On or about May 27, 2021, Defendant Valentin ordered an investigation of 2 Serrano based on alleged comments Serrano made in his capacity as the current 3 President of the SAPOA about a former SAPOA President in October, 2020. The 4 investigation was opened even though legal counsel for the City of Santa Ana indicated, 5 in writing that to the extent Serrano's statements were made as a POA President, Mr. 6 Serrano was not speaking as a police sergeant of the City or the Santa Ana Police 7 Department, and acknowledged that the City was not able to restrict the conduct of the 8 POA and/or its President which relate to the administration of the POA as such action 9 would be a violation of the Meyers-Milias Brown Act. (See Government Code section 10 3506.5(d).). Counsel for the City acknowledged, therefore, the City was not able to 11 direct Mr. Serrano to engage or not engage in conduct that is done in his capacity as 12 President of the POA in relation to the administration of the POA. 13 59. Evidently, the City of Santa Ana had to pay the former POA President and 14 his wife approximately $350,000.00, as Defendants had allegedly retaliated against the 15 former POA President and Defendant Valentin sexually harassed the former POA 16 President's wife. Thereafter, the former POA President, in an effort to obtain more 17 money from the City, alleged that Serrano violated the settlement agreement even 18 though Serrano was not a party to the action or the agreement. On or about October 19 26, 2020 when the City would not pay any additional money, the former POA President 20 filed a written complaint against Serrano. 21 60. It appeared that the City was not going to take action on the frivolous 22 complaint, but Defendant Valentin and possibly others, in order to further retaliate 23 against Serrano and the SAPOA, initiated the investigation nine months later. To this 24 date, Defendants have not notified Serrano of the outcome of the investigation and the 25 one year statute of limitations has expired. 26 SEXUAL HARASSMENT ALLEGATIONS 27 61. On June 16, 2021, Defendants Motsick and Carvalho scheduled a 28 meeting with Serrano without informing him of the nature of the meeting. Serrano 15 COMPLAINT 1 appeared with legal counsel. After arriving Serrano was informed that Defendants 2 Motsick and Carvalho were conducting "fact-finding" regarding allegations they had 3 been made aware of by a third party. The allegation was that Defendant Ridge had 4 sexually harassed Serrano. Being caught off guard, Serrano, on advice of counsel, did 5 not make any statement. It was clear at that point that the City was not protecting 6 Serrano from retaliation by the other Defendants. 7 62. Even though Serrano had not filed a complaint against Defendant Ridge, 8 Defendants feared that Serrano had disclosed or might disclose information of unlawful 9 activities by Defendant Ridge. 10 63. As discussed below, it was later learned that approximately a month 11 earlier Ridge "self-reported" the harassment allegations to Defendant Carvalho and her 12 subordinate Defendant Motsick. In a letter to the City Council Ridge was careful in her 13 assertion, making allegations that Serrano had been untruthful and interfered in 14 investigations, but not specifically denying allegations that she sexual harassed 15 Serrano. In that same letter to the City Council Ridge violated state law by disclosing 16 closed session communications with the Council as well as disclosing confidential 17 personnel information about a peace officer to wit, Serrano. 18 64. Ridge's disclosures to the City Council reveal that Carvahlo and Motsick 19 were not simply conducting a fact finding investigation, but were investigating Ridge's 20 allegations against Serrano who should have been afforded his rights under the Peace 21 Officers Procedural Bill of Rights. 22 65. On July 7, 2021, Defendant Ridge, fearing the Serrano would report her 23 unlawful activities, directed Serrano to refrain from sending any e-mail communications 24 to her. In essence, Defendant Ridge gave direct orders to the President of the SAPOA 25 not to contact elected officials or herself with any issues or complaint. 26 66. On July 9, 2021, Plaintiff filed a Notice of Claim (Gov't Code §910, 910.4) 27 with Defendants. 28 67. On or about July 16, 2021, the City of Santa Ana hired the law firm of 16 COMPLAINT I Barboza & Associates to assist Motsick in conducting a personnel investigation into 2 Serrano's possible allegations of harassment even though Serrano had not made any 3 such allegations. However, when Plaintiffs tried to determine who retained Barboza, 4 and whether she was working independently or as an agent/attorney for the City, she 5 refused to answer. Plaintiffs made the same inquiry of Defendant Motsick on July 21st, 6 but never received a response. 7 68. It was later confirmed that Barboza and Associates was hired to provide 8 legal advice to the City regarding the investigations thus creating an attorney-client 9 relationship and a duty of Barboza and Associates to find in a manner to protect their 10 clients. The City specifically prohibited the firm to render any determination about 11 unlawful discrimination, harassment, violation of public policy or any other violations of 12 law or statute. Therefore, there was no reason for Serrano to participate in 13 investigations that could not result in a legal determination. 14 69. On or about July 19, 2021, Defendant Ridge, trying to minimize her 15 misconduct and redirect attention from the allegations of misconduct against her, sent a 16 letter to the Mayor and City Council falsely claiming that all complaints and tort claims 17 coming from the SAPOA and its members were singularly focused on Serrano's 18 pension issues. In the letter to the Mayor and City Council Ridge revealed confidential 19 personnel file information of Serrano in violation of state law. Ridge also tried to defame 20 Serrano in order to diminish his credibility if he was to come forward with allegations of 21 sexual harassment. 22 70. It became clear that Ridge's letter dated July 19, 2021, was meant to 23 tarnish Serrano and the SAPOA and to be produced to mass audiences. In fact, on 24 August 3, 2021, the Voice of OC contacted Serrano and advised him that it had been 25 given copies of the letter and the disciplinary letter which outline allegations against him 26 by the City Manager and City Attorney. According to the records they were provided the 27 Voice of OC indicated that both Kristine Ridge and Sonia Carvalho claimed Serrano 28 had caused harm to the city through his pursuit of higher compensation including filing 17 COMPLAINT 1 unsubstantiated legal claims, threats to `burn the place down' and 'make disclosures 2 that will hurt people" and asking elected officials to put pressure on the city manager. 3 Ridge and Carvahlo conspired to release confidential communications to the media in 4 violation of Penal Code §§832.5- 832.8 and/or Evidence Code §§1043-1046 and/or the 5 Brown Act. 6 71. Two days later, even though Ridge had ordered Serrano not to have 7 contact with her, she attempted to contact Serrano on his personal phone. Serrano 8 knew better and did not take the call. 9 72, On July 29, 2021, the City rejected the Government Tort Claim filed 10 related to the above issues. The City chose not to try to resolve the matter or conduct 11 investigations prior to issuing the rejection. It appears that the Defendants are intent on 12 forcing the parties to litigate the City's liability. The use of Ms. Barboza's services is just 13 to obtain statements in an effort to defend the anticipated lawsuit. 14 73. The City is believed to have closed its "sexual harassment investigation" 15 of Defendant Ridge without conducting a single interview and without questioning 16 Defendant Ridge regarding her alleged illegal and/or harassing conduct. 17 SAPOA ASSISTS MEMBERS IN FILING COMPLAINTS 18 74. On July 20, 2021, the SAPOA supported the filing of a citizen complaint 19 by one of the Association's members against Defendant Valentin alleging retaliation 20 and creating a hostile working environment for the member that was known to support 21 the SAPOA/Serrano. The Defendants assigned the investigation to an outside 22 investigator, but failed to notify the complainant of the outcome of the investigation. 23 75. On or about August 19, 2021, the SAPOA supported the filing of a citizen 24 complaint by one of the Association's members against Sgt. Oscar Lizardi for 25 allegations of engaging in intimidation and threats against a member who Lizardi 26 believed supported the SAPOA's vote of no confidence against Defendant Valentin. 27 The Defendants assigned the investigation to an outside investigator, but failed to notify 28 the complainant of the outcome of the investigation. 18 COMPLAINT 1 76. On or about August 19, 2021, the SAPOA supported the f iling of a citizen 2 complaint by one of the Association members against Sgt. Oscar Lizardi for allegation 3 of witness intimidation related to an internal affairs investigation that Defendant Valentin 4 ordered against a supporter of the SAPOA/Serrano. The Defendants assigned the 5 investigation to an outside investigator, but failed to notify the complainant of the 6 outcome of the investigation. 7 VOTE OF NO CONFIDENCE 8 77. On July 8, 2021, Plaintiffs notified Defendant Ridge and Motsick that the 9 Board of Directors had unanimously voted to send out a Vote of No Confidence ballot 10 regarding Defendant Valentin. 11 78. In August, 2021, the SAPOA Board of Directors issued a Memorandum 12 regarding the Vote and raised a number of issues for the membership to consider. 13 79. On or about August 25, 2021, Charles Goldwasser, who serves as 14 General Counsel to the Santa Ana Police Officers Association, wrote Defendant 15 Valentin and Defendant Ridge regarding on-duty harassment and verbal pressure 16 against SAPOA members by Sergeant Lizardi. The conduct interfered with these 17 officers' ability to perform their duties. The Santa Ana Police Officers' Association 18 requested that the City of Santa Ana issue a reminder about this type of on-duty 19 conduct taking place at the Police Department. Plaintiff Serrano, as the President of the 20 SAPOA, followed-up Mr. Goldwasser's communication with an email to Defendant 21 Motsick acknowledging that his members were reporting their working conditions were 22 becoming unbearable and reminding the City that an unchecked hostile work 23 environment, especially where the employees are armed, could result in a bad 24 situations occurring. 25 80. On August 26, 2021, during a time the SAPOA was considering a "Vote of 26 No Confidence" in Defendant Valentin, Valentin in coordination with Defendants 27 Carvalho, Ridge and Motsick, tried to silence SAPOA President Gerry Serrano by 28 placing him on administrative leave and restricting his access to, and use of, the 19 COMPLAINT I City/Police Department e-mail system. In order to place Serrano on administrative 2 leave, Defendant Valentin, or his underlings, specifically ordered Commander Sorenson 3 to leave the Notice of Administrative Leave/Fitness for Duty Exam at Serrano's 4 residence where it was found by his son. 5 81. The order to undergo the Fitness for Duty Exam specifically references 6 Mr. Serrano's August 26, 2021, 5:05 a.m., email to Defendant Motsick as the sole basis 7 for the exam. Therefore, because Mr. Serrano decided that it was necessary, as the 8 SAPOA President, to reaffirm the seriousness of the issues, Defendants ordered 9 Serrano to undergo a Fitness for Duty Examination. 10 82. Serrano, via counsel, objected to the Fitness for Duty Examination as 11 being unlawful. He invoked his rights under Government Code §3300, et seq., including 12 Government Code §3305 and/or Government Code §3306.5 (requesting copies of 13 and/or access to any and all documents being used or have been used to determine 14 that officer's qualifications for employment, promotion, additional compensation, or 15 termination or other disciplinary action). 16 83. In response to Plaintiff's assertion of rights and request for materials 17 Defendants intentionally falsified a letter to Serrano's attorney by including claims that 18 Serrano had not been ordered to sign any releases. Defendants denied the request for 19 materials. 20 84. It was subsequently discovered that Defendants did not comply with their 21 own policy regarding Fitness for Duty and/or Fitness for Duty Examinations. 22 85. Police Commander Sorrenson was ordered not to retrieve department 23 issued equipment from Mr. Serrano at the SAPOA officce, but instead to order him to 24 report to the police station. The applicable Memorandum of Understanding specifically 25 states: "The Association and the City of Santa Ana agree that the Association's 26 representative will not be required to carry out any peace officer's duties during such 27 time that the Association's representative is on such full-time release from duty. The 28 Association's representative will be required to comply with the Rules and Regulations 20 COMPLAINT I of the Santa Ana Police Department as they apply to off-duty employees, except such 2 representative ill not be required to report for duty for any purpose. Defendants 3 breached of the MOU by ordering Mr. Serrano to appear for a FFDE and to report to the 4 police station. 5 86. Moreover, the Police Department Fitness for Duty policy indicates that its 6 purpose and scope is directly related to the exercise of peace officers powers, but the 7 MOU releases Mr. Serrano from any such exercise. Furthermore, the Fitness for Duty 8 policy governs on-duty conduct, not off-duty. 9 87. Plaintiff initiated a grievance, but that matter was futile as it was to be 10 heard by the City Manager that had ordered Serrano not to have contact with her. 11 Defendants then had Defendant Motsick conduct the grievance hearing even though he 12 was the one that initiated the FFDE by claiming Serrano's e-mail was threatening. 13 88. On September 1, 2021, the SAPOA disclosed the results of the Vote of 14 No Confidence. More than a majority of the members that voted indicated that they had 15 no confidence in the Chief of Police. That same day Defendant Valentin responded to 16 the membership vote by targeting Serrano. Defendant Valentin falsely attributed the 17 SAPOA's actions as Serrano's personal pension dispute and not about the facts giving 18 rise to the Vote. Defendant Valentin accused Serrano of making false and frivolous 19 claims, and engaging in crimes and corruption when Defendant Valentin knew these 20 allegations against Serrano were false. 21 89. With the grievance over the FFDE pending and unresolved, Defendants 22 ordered Serrano to appear for the exam and undergo hours of questioning by the 23 contract doctor. The Defendants did not pay Serrano for his time at the FFDE 24 examination. 25 90. On September 14, 2021, Serrano was found to be fit for duty and 26 removed from administrative leave. After Serrano was found to be fit for duty Defendant 27 Motsick finally held a grievance meeting and later summarily rejected the grievance. 28 Finally, even though Plaintiffs raised issues of retaliation and hostile environment 21 COMPLAINT 1 Defendants have not even attempted to investigate these claims. Therefore, Plaintiffs 2 have exhausted all administrative remedies related to the FFDE. 3 91. Additionally, even though Serrano had been removed from Administrative 4 Leave, the locker assigned to him by the Police Department was secured so Serrano 5 could not access it. It was visible to any person that walked into the locker room that the 6 locker was still being secured by the Department. 7 92. Plaintiffs request a jury trial on all non-mandamus relief. 8 93. Plaintiff has no plain, speedy or adequate remedy under the law. 9 Pursuant to Government Code Section 3309.5, Plaintiff need not pursue any 10 administrative remedy in order to address this problem; thus, Plaintiff is excused from 11 or has exhausted his administrative remedies. This court is given initial jurisdiction over 12 this matter pursuant to Government Code §3309.5. 13 94. To the extent facts, incidents and/or issues described above were learned 14 and/or occurred after Plaintiffs' filed their Government Tort Claim, Plaintiffs only seek 15 mandamus and/or injunctive relief to cure the violations and prevent future violations of 16 a similar nature. Once Plaintiffs has processed and/or the Defendants rejected any 17 such supplemental claim, Plaintiffs will amend this Complaint accordingly. 18 VENUE AND JURISDICTION 19 95.Venue is proper in the Superior Court of the State of California, for the County of 20 Orange in that the underlying acts, omissions, injuries and related facts and 21 circumstances giving rise to the present action occurred in the City of Santa Ana, 22 County of Orange, California. This Court has jurisdiction over the present matter 23 because, as delineated within this complaint, the nature of the claims and amount in 24 controversy meet the requirements of jurisdiction in the Superior Court. This Court is 25 empowered with initial jurisdiction to entertain suits brought pursuant to California 26 Government Code §3300, et seq., and for traditional mandamus action. 27 FIRST CAUSE OF ACTION 28 Against All Defendants 22 COMPLAINT I Violation of Government Code 43500, et seq. 2 96. Plaintiffs Santa Ana Police Officers Association and Gerry Serrano for a 3 First Cause of Action against all Defendants for violations of Government Code §3500, 4 et seq., re-allege paragraphs 1-95, above, and further allege as follows: 5 97. Government Code §3502 provides, in pertinent part, public employees shall 6 have the right to form, join, and participate in the activities of employee organizations of 7 their own choosing for the purpose of representation on all matters of employer- 8 employee relations. 9 98. Government Code §3502.1 provides that "No public employee shall be 10 subject to punitive action or denied promotion, or threatened with any such treatment, 11 for the exercise of lawful action as an elected, appointed, or recognized representative 12 of any employee bargaining unit." 13 99. Government Code §3503 provides, in pertinent part, that "Recognized 14 employee organizations shall have the right to represent their members in their 15 employment relations with public agencies." 16 100. Government Code §3504 provides, in pertinent part, that the scope of 17 representation shall include all matters relating to employment conditions and 18 employer-employee relations, including, but not limited to, wages, hours, and other 19 terms and conditions of employment. 20 101. Government Code §3506 provides that "Public agencies and employee 21 organizations shall not interfere with, intimidate, restrain, coerce or discriminate against 22 public employees because of their exercise of their rights under Section 3502." 23 102. Government Code §3506.5 provides, in pertinent part, that a public agency 24 shall not do any of the following: (a) Impose or threaten to impose reprisals on 25 employees, to discriminate or threaten to discriminate against employees, or otherwise 26 to interfere with, restrain, or coerce employees because of their exercise of rights 27 guaranteed by this chapter; (b) deny to employee organizations the rights guaranteed to 28 them by this chapter; (d) dominate or interfere with the formation or administration of 23 COMPLAINT I any employee organization, contribute financial or other support to any employee 2 organization, or in any way encourage employees to join any organization in preference 3 to another. 4 103. Defendants, and each of them, in undertaking the acts and/or omissions 5 listed above, violated the above provisions of the Meyers-Milias-Brown Act (MMBA), 6 including, but not limited to interfering with, intimidating, restraining, coercing and/or 7 discriminating against the SAPOA, Gerry Serrano and/or other public employees who 8 are members of the SAPOA because of their exercise of their rights under this Act. 9 104. Defendants, and each of them, have engaged in acts and/or omissions, as 10 alleged above, wherein they have 1) subjected Serrano to punitive actions and/or 11 threatened him with said actions; 2) imposed or threatened to impose reprisals on 12 Serrano, 3) discriminated or threatened to discriminated against him; 3) otherwise 13 interfered with, restrained, or coerced Serrano because of his exercise of rights 14 guaranteed by the MMBA, and/or for the exercise of lawful action as an elected, 15 appointed, or recognized representative of any employee bargaining unit.. 16 105. The duty to obey the laws set forth in Government Code §3500, et seq., is 17 a ministerial duty and is not discretionary. By acting, and failing to act, as set forth 18 above, defendants have violated a ministerial duty. Moreover, the acts and/or omissions 19 of defendants, set forth above, demonstrate that defendants' failure to comply with 20 Government Code §3500, et seq., was illegal as a matter of law under Government 21 Code section 1222, which makes a public officer's "willful omission to perform any duty 22 enjoined by law" a misdemeanor. 23 106. Each and every act listed above, individually or jointly, constitutes a 24 violation of Government Code §3500, et seq., and therefore this court should render 25 appropriate injunctive or other extraordinary relief to remedy the violation and to prevent 26 future violations of a like or similar nature, including, but not limited to, the granting of a 27 temporary restraining order, a preliminary injunction and a permanent injunction, or, in 28 the alternative, a Writ of Mandate prohibiting the Santa Ana Police Department from 24 COMPLAINT 1 taking any punitive action against any public safety officer member of the SAPOA. 2 Plaintiffs specifically seek a "make whole" remedy. 3 107. The above articulated violations were proximately caused by City's 4 deliberate indifference to its employee's violations of the Meyer-Milias Brown Act, and 5 the failure to train and control its officers and representatives on the provisions of these 6 Acts. The violations set forth above were proximity caused by the customs, practices, 7 policies and decisions of the defendants. 8 108. Unless this court issues a preliminary and permanent injunction enjoining 9 and restraining defendants, and each of them, and their agents, employees and 10 servants, from ordering, requiring, commanding, or taking any other action that will 11 result in violations of Plaintiffs' rights, Plaintiffs will suffer irreparable harm in that its/his 12 rights, as afforded by Government Code §3500, et seq., will be violated without any 13 remedy being afforded. 14 109. Plaintiffs have attempted, without success, to exhaust any and all 15 administrative remedies afforded to them to deal with these issues, but such efforts are 16 futile as the named defendants are the ones that make the final decisions via any 17 complaints, grievances or other administrative actions. 18 110. Plaintiff requests this court to award damages and attorney fees pursuant 19 C.C.P. §1090 and 1095. 20 111. In bringing this action, Petitioners have sought enforcement of an important 21 right affecting the public interest which will result in the conferring of a significant benefit 22 upon a large class of persons, to wit, public employees, thereby entitling Petitioners to 23 an award of attorneys'fees pursuant to Code of Civil Procedure §1021.5. 24 112. The actions of defendants, and each of them, were arbitrary and capricious 25 and, therefore, Plaintiff is entitled to recover attorneys' fees pursuant to Government 26 Code §800. 27 SECOND CAUSE OF ACTION 28 Against All Defendants 25 COMPLAINT 1 Violation of Government Code §3300, et seq. 2 113. Plaintiffs Santa Ana Police Officers Association and Gerry Serrano for a 3 Second Cause of Action against all Defendants for violations of Government Code 4 §3300, et seq., relief re-alleges paragraphs 1-112, above, and further allege as follows: 5 114. Government Code §3301 provides, in pertinent part, that "The Legislature 6 hereby finds and declares that the rights and protections provided to peace officers 7 under this chapter constitute a matter of statewide concern. The Legislature further 8 finds and declares that effective law enforcement depends upon the maintenance of 9 stable employer-employee relations, between public safety employees and their 10 employers. In order to assure that stable relations are continued throughout the state 11 and to further assure that effective services are provided to all people of the state, it is 12 necessary that this chapter be applicable to all public safety officers, as defined in this 13 section, wherever situated within the State of California." 14 115. Government Code §3302 provides, in pertinent part, that except as 15 otherwise provided by law, or whenever on duty or in uniform, no public safety officer 16 shall be prohibited from engaging, or be coerced or required to engage, in political 17 activity. 18 116. Government Code §3303 provides, in pertinent part, that when any public 19 safety officer is under investigation and subjected to interrogation by his or her 20 commanding officer, or any other member of the employing public safety department, 21 that could lead to punitive action, the interrogation shall be conducted under the 22 following conditions. For the purpose of this chapter, punitive action means any action 23 that may lead to dismissal, demotion, suspension, reduction in salary, written 24 reprimand, or transfer for purposes of punishment. 25 (a) The interrogation shall be conducted at a reasonable hour, preferably 26 at a time when the public safety officer is on duty, or during the normal 27 working hours for the public safety officer, unless the seriousness of the 28 investigation requires otherwise. If the interrogation does occur during off 26 COMPLAINT 1 duty time of the public safety officer being interrogated, the public safety 2 officer shall be compensated for any off-duty time in accordance with 3 regular department procedures, and the public safety officer shall not be 4 released from employment for any work missed. 5 (b) The public safety officer under investigation shall be informed prior to 6 the interrogation of the rank, name, and command of the officer in charge 7 of the interrogation, the interrogating officers, and all other persons to be 8 present during the interrogation. All questions directed to the public safety 9 officer under interrogation shall be asked by and through no more than 10 two interrogators at one time. 11 (c) The public safety officer under investigation shall be informed of the 12 nature of the investigation prior to any interrogation. 13 (e) The employer shall not cause the public safety officer under 14 interrogation to be subjected to visits by the press or news media without 15 his or her express consent nor shall his or her home address or 16 photograph be given to the press or news media without his or her 17 express consent. 18 (g) The complete interrogation of a public safety officer may be recorded. 19 If a tape recording is made of the interrogation, the public safety officer 20 shall have access to the tape if any further proceedings are contemplated 21 or prior to any further interrogation at a subsequent time, The public safety 22 officer shall be entitled to a transcribed copy of any notes made by a 23 stenographer or to any reports or complaints made by investigators or 24 other persons, except those which are deemed by the investigating 25 agency to be confidential. No notes or reports that are deemed to be 26 confidential may be entered in the officer's personnel file. The public 27 safety officer being interrogated shall have the right to bring his or her own 28 recording device and record any and all aspects of the interrogation. 27 COMPLAINT 1 117. Government Code §3304(a) provides that"No public safety officer shall be 2 subjected to punitive action, or denied promotion, or be threatened with any such 3 treatment, because of the lawful exercise of the rights granted under this chapter, or the 4 exercise of any rights under any existing administrative grievance procedure. 5 118. Government Code §3304(b) provides, in pertinent part, "No punitive action, 6 nor denial of promotion on grounds other than merit, shall be undertaken by any public 7 agency against any public safety officer who has successfully completed the 8 probationary period that may be required by his or her employing agency without 9 providing the public safety officer with an opportunity for administrative appeal." 10 119. Government Code §3304(d) (1) reads "Except as provided in this 11 subdivision and subdivision (g), no punitive action, nor denial of promotion on grounds 12 other than merit, shall be undertaken for any act, omission, or other allegation of 13 misconduct if the investigation of the allegation is not completed within one year of the 14 public agency's discovery by a person authorized to initiate an investigation of the 15 allegation of an act, omission, or other misconduct. This one-year limitation period shall 16 apply only if the act, omission, or other misconduct occurred on or after January 1, 17 1998. In the event that the public agency determines that discipline may be taken, it 18 shall complete its investigation and notify the public safety officer of its proposed 19 discipline by a Letter of Intent or Notice of Adverse Action articulating the discipline that 20 year, except as provided in paragraph (2). The public agency shall not be required to 21 impose the discipline within that one-year period." 22 120. Government Code §3305 provides that no public safety officer shall have 23 any comment adverse to his interest entered in his personnel file, or any other file used 24 for any personnel purposes by his employer, without the public safety officer having first 25 read and signed the instrument containing the adverse comment indicating he is aware 26 of such comment, except that such entry may be made if after reading such instrument 27 the public safety officer refuses to sign it. Should a public safety officer refuse to sign, 28 that fact shall be noted on that document, and signed or initialed by such officer. 28 COMPLAINT 1 121. Government Code §3306 reads "A public safety officer shall have 30 days 2 within which to file a written response to any adverse comment entered in his personnel 3 file. Such written response shall be attached to, and shall accompany, the adverse 4 comment." 5 122. Government Code §3306.5. provides, in pertinent part, that (a) Every 6 employer shall, at reasonable times and at reasonable intervals, upon the request of a 7 public safety officer, during usual business hours, with no loss of compensation to the 8 officer, permit that officer to inspect personnel files that are used or have been used to 9 determine that officer's qualifications for employment, promotion, additional 10 compensation, or termination or other disciplinary action; (b) Each employer shall keep 11 each public safety officer's personnel file or a true and correct copy thereof , and shall 12 make the file or copy thereof available within a reasonable period of time after a request 13 therefor by the officer." 14 123. Government Code §3309 provides that "No public safety officer shall have 15 his locker, or other space for storage that may be assigned to him searched except in 16 his presence, or with his consent, or unless a valid search warrant has been obtained or 17 where he has been notified that a search will be conducted. This section shall apply 18 only to lockers or other space for storage that are owned or leased by the employing 19 agency. 20 124. Government Code §3309.5(a) provides "it shall be unlawful for any public 21 safety department to deny or refuse to any public safety officer the rights and 22 protections guaranteed to him or her by this chapter." 23 125. Government Code §3309.5 further provides, in pertinent part, "(d) (1) In 24 any case where the superior court finds that a public safety department has violated 25 any of the provisions of this chapter, the court shall render appropriate injunctive or 26 other extraordinary relief to remedy the violation and to prevent future violations of a like 27 r similar nature, including, but not limited to, the granting of a temporary restraining 28 order, preliminary injunction, or permanent injunction prohibiting the public safety 29 COMPLAINT 1 department from taking any punitive action against the public safety officer" and °(e) In 2 addition to the extraordinary relief afforded by this chapter, upon a finding by a superior 3 court that a public safety department, its employees, agents, or assigns, with respect to 4 acts taken within the scope of employment, maliciously violated any provision of this 5 chapter with the intent to injure the public safety officer, the public safety department 6 shall, for each and every violation, be liable for a civil penalty not to exceed twenty-five 7 thousand dollars ($25,000) to be awarded to the public safety officer whose right or 8 protection was denied and for reasonable attorney's fees as may be determined by the 9 court. If the court so finds, and there is sufficient evidence to establish actual damages 10 suffered by the officer whose right or protection was denied, the public safety 11 department shall also be liable for the amount of the actual damages." 12 126. As described above, Plaintiff Gerry Serrano was the subject of numerous 13 investigations that could result in punitive action. One investigation was conducted by 14 Defendants Carvalho and Motsick after Defendant Ridge complained that Serrano was 15 making false statements about her. Serrano was not told, prior to his interview, that 16 Carvalho would be present, was not informed of the nature of the investigation prior to 17 arriving, was not told, nor afforded the opportunity to record the interview. 18 127. In other administrative investigations conducted under the orders of 19 Defendant Valentin, Serrano was not compensated for his time in the interrogations. 20 128. Defendant Ridge issued punitive action against Serrano and when he 21 sought an administrative appeal and the documents purportedly supporting the punitive 22 action, both requests were denied. 23 129, Defendant Valentin has placed or caused to be placed in Serrano's 24 personnel file and/or files used for personnel purposes adverse comments without 25 affording Serrano the ability to review the documents containing the adverse comments. 26 130. Defendant Valentin has ordered administrative investigations to be 27 conducted well in excess of the one year statute of limitations, and has not provided 28 notice of the investigations or the outcome of the investigations to Serrano. 30 COMPLAINT 1 131. Serrano has requested to review documents used for personnel purposes 2 but has been denied the opportunity to do so. 3 132. Serrano has information and believe that his department issued locker 4 and/or other space for storage (including his department issued email storage system) 5 has been searched outside of his presence and/or without his knowledge/consent or 6 valid search warrant. 7 133. Serrano, while acting as the President of the SAPOA, and while off-duty 8 and out of uniform has been prohibited from engaging in political activity. 9 134. Serrano has been threatened with punitive action because of the lawful 10 exercise of the rights granted by Government Code §3300, et seq., and/or exercising 11 rights under existing administrative grievance procedures. 12 135. The duty to obey the laws set forth in Government Code §3300, et seq., is 13 a ministerial duty and is not discretionary. By acting, and failing to act, as set forth 14 above, defendants have violated a ministerial duty. Moreover, the acts and/or omissions 15 of defendants, set forth above, demonstrate that defendants' failure to comply with 16 Government Code §3300, et seq., was illegal as a matter of law under Government 17 Code section 1222, which makes a public officer's "willful omission to perform any duty 18 enjoined by law" a misdemeanor. 19 136. Each and every act listed above, individually or jointly, constitutes a 20 violation of Government Code §3300, et seq., and therefore this court should render all 21 available and proper relief under Government Code §3309.5 to remedy the violations 22 and to prevent future violations of a like or similar nature. Plaintiffs specifically seek a 23 "make whole" remedy. 24 137. For those acts identified in the already filed Government Tort Claim, 25 Plaintiffs further seek all relief afforded under Government Code §3309.5(e). 26 138. The above articulated violations were proximately caused by City's 27 indifference to its employee's violations of the Public Safety Officers Procedural Bill of 28 Rights Act, and the failure to train and control its officers and representatives on the 31 COMPLAINT I provisions of this Act. The violations set forth above were proximity caused by the 2 customs, practices, policies and decisions of the defendants. 3 139. Unless this court issues a preliminary and permanent injunction enjoining 4 and restraining defendants, and each of them, and their agents, employees and 5 servants, from ordering, requiring, commanding, or taking any other action that will 6 result in violations of Plaintiffs' rights, Plaintiffs will suffer irreparable harm in that its/his 7 rights, as afforded by Government Code §3300, et seq., will be violated without any 8 remedy being afforded. 9 140. Plaintiffs have attempted, without success, to exhaust any and all 10 administrative remedies afforded to them to deal with these issues, but such efforts are 11 futile as the named defendants are the ones that make the final decisions via any 12 complaints, grievances or other administrative actions. Moreover, pursuant to 13 Government Code §3309.5, Plaintiffs are not required to exhaust administrative 14 remedies. 15 141. Plaintiff requests this court to award damages and attorney fees pursuant 16 to C.C.P. §1090 and 1095. 17 142. In bringing this action, Petitioners have sought enforcement of an important 18 right affecting the public interest which will result in the conferring of a significant benefit 19 upon a large class of persons, to wit, public employees, thereby entitling Petitioners to 20 an award of attorneys'fees pursuant to Code of Civil Procedure §1021.5. 21 143. The actions of defendants, and each of them, were arbitrary and capricious 22 and, therefore, Plaintiff is entitled to recover attorneys'fees pursuant to Government 23 Code §800. 24 THIRD CAUSE OF ACTION 25 Against All Defendants 26 Violation of Constitutional Right to Freedom of Speech 27 144. Plaintiffs Santa Ana Police Officers Association and Gerry Serrano for a 28 Third Cause of Action against all Defendants for violations of Plaintiffs' right to freedom i 32 COMPLAINT I of speech and writing, freedom to instruct their representative, freedom to petition 2 government for redress of grievances, and to consult for the common good, re-allege 3 paragraphs 1-143, above, and further allege as follows: 4 145. While the U.S. Constitution grants citizens protections for free speech 5 under the First Amendment to the U.S. Constitution, which are enforced via 42 USC 6 §1983, the California Constitution also protects this right. Article I, Section 2 of the 7 California Constitution states that "[e]very person may freely speak, write and publish 8 his or her sentiments on all subjects, being responsible for the abuse of this right. . . ." 9 Article I, Section 3 of the California Constitution states "[T]he people have the right to 10 instruct their representatives, petition government for redress of grievances, and 11 assemble freely to consult for the common good. 12 146. Defendants, and each of them, have engaged in acts and/or omissions to 13 violate Plaintiffs right to freedom to speak, write and publish their sentiments, and/or 14 their ability to petition government for redress of grievances, assemble and to consult 15 for the common good. 16 147. The duty to obey the laws set forth in state and federal laws is a ministerial 17 duty and is not discretionary. By acting, and failing to act, as set forth above, 18 defendants have violated a ministerial duty. Moreover, the acts and/or omissions of 19 defendants, set forth above, demonstrate that defendants' failure to comply with the 20 California Constitution wherein it enjoins certain acts; therefore, defendants actions 21 were illegal as a matter of law under Government Code section 1222, which makes a 22 public officer's "willful omission to perform any duty enjoined by law" a misdemeanor. 23 148. Each and every act listed above, individually or jointly, constitutes a 24 violation of Plaintiffs' speech rights and/or the California Constitution and therefore this 25 court should render all available and proper relief to remedy the violations and to 26 prevent future violations of a like or similar nature. Plaintiffs specifically seek a "make 27 whole" remedy. 28 149. For those acts identified in the already filed Government Tort Claim, 33 COMPLAINT 1 Plaintiffs further seek all available monetary damages and statutory penalties. For those 2 acts not yet included in a filed and/or acted upon Government Tort Claim, Plaintiffs 3 seek injunctive and/or mandamus remedies. 4 150. The above articulated violations were proximately caused by City's 5 deliberate indifference to its employees' violations law, and the failure to train and 6 control its officers and representatives on the provisions of law referenced above. The 7 violations set forth above were proximity caused by the customs, practices, policies and 8 decisions of the defendants. 9 151. Unless this court issues a preliminary and permanent injunction enjoining 10 and restraining defendants, and each of them, and their agents, employees and 11 servants, from ordering, requiring, commanding, or taking any other action that will 12 result in violations of Plaintiffs' rights, Plaintiffs will suffer irreparable harm in that its/his 13 rights will be violated without any remedy being afforded. 14 152. Plaintiffs have attempted, without success, to exhaust any and all 15 administrative remedies afforded to them to deal with these issues, but such efforts are 16 futile as the named defendants are the ones that make the final decisions via any 17 complaints, grievances or other administrative actions. 18 153. Plaintiffs request this court to award damages and attorney fees as 19 provided by law, including pursuant to C.C.P. §1090 and 1095. 20 154. In bringing this action, Petitioners have sought enforcement of an important 21 right affecting the public interest which will result in the conferring of a significant benefit 22 upon a large class of persons, to wit, public employees, thereby entitling Petitioners to 23 an award of attorneys' fees pursuant to Code of Civil Procedure §1021.5. 24 155. The actions of defendants, and each of them, were arbitrary and capricious 25 and, therefore, Plaintiff is entitled to recover attorneys' fees pursuant to Government 26 Code §800. 27 FOURTH CAUSE OF ACTION 28 Against All Defendants 34 COMPLAINT 1 Violation of Labor Code §1101-1102.5 2 156. Plaintiffs Santa Ana Police Officers Association and Gerry Serrano for a 3 Fourth Cause of Action against all Defendants for violation of provisions of the Labor 4 Code re-alleges paragraphs 1-95, above, and further allege as follows: 5 157, Labor Code section 1101 provides, in pertinent part, that no employer shall 6 make, adopt, or enforce any rule, regulation, or policy: (a) Forbidding or preventing 7 employees from engaging or participating in politics...(b) Controlling or directing, or 8 tending to control or direct the political activities or affiliations of employees. 9 158. Labor Code §1102 provides "No employer shall coerce or influence or 10 attempt to coerce or influence his employees through or by means of threat of 11 discharge or loss of employment to adopt or follow or refrain from adopting or following 12 any particular course or line of political action or political activity. 13 159. Labor Code §1102.5 provides that (a) An employer, or any person acting 14 on behalf of the employer, shall not make, adopt, or enforce any rule, regulation, or 15 policy preventing an employee from disclosing information to a government or law 16 enforcement agency, to a person with authority over the employee, or to another 17 employee who has authority to investigate, discover, or correct the violation or 18 noncompliance, or from providing information to, or testifying before, any public body 19 conducting an investigation, hearing, or inquiry, if the employee has reasonable cause 20 to believe that the information discloses a violation of state or federal statute, or a 21 violation of or noncompliance with a local, state, or federal rule or regulation, regardless 22 of whether disclosing the information is part of the employee's job duties. (b)An 23 employer, or any person acting on behalf of the employer, shall not retaliate against an 24 employee for disclosing information, or because the employer believes that the 25 employee disclosed or may disclose information, to a government or law enforcement 26 agency, to a person with authority over the employee or another employee who has the 27 authority to investigate, discover, or correct the violation or noncompliance, or for 28 providing information to, or testifying before, any public body conducting an 35 COMPLAINT 1 investigation, hearing, or inquiry, if the employee has reasonable cause to believe that 2 the information discloses a violation of state or federal statute, or a violation of or 3 noncompliance with a local, state, or federal rule or regulation, regardless of whether 4 disclosing the information is part of the employee's job duties. 5 160. Sections 1101 and 1102 protect "the fundamental right of employees in 6 general to engage in political activity without interference by employers." (Gay Law 7 Students Assn., 24 Cal.3d at 487 (quoting Fort v. Civil Service Commission (1964) 61 8 Cal.2d 331, 335).) 9 161. As shown by the facts pled above, Defendants, and each of them, have 10 engaged in acts and/or omissions that violated Labor Code §§1101 and/or 1102 to the 11 detriment of Plaintiff Serrano, Plaintiff SAPOA, and those members of the SAPOA that 12 support the SAPOA's actions. 13 162. Defendants, and each of them, have engaged in retaliation against both 14 Plaintiffs for disclosing information, or because the employer believed that the 15 employee disclosed or may disclose information, to a government or law enforcement 16 agency, to a person with authority over the employee or another employee who has the 17 authority to investigate, discover, or correct the violation or noncompliance, or for 18 providing information to, or testifying before, any public body conducting an 19 investigation, hearing, or inquiry, wherein the employee had reasonable cause to 20 believe that the information disclosed a violation of state or federal statute, or a violation 21 of or noncompliance with a local, state, or federal rule or regulation. 22 163. As a proximate result of Defendants willful, knowing and intentional 23 violations of the Labor Code sections referenced above, Plaintiff Serrano has suffered 24 and continues to suffer substantial losses in earnings and/or other employment 25 benefits. As a legal result of the conduct of Defendants, and each of them, Plaintiff has 26 suffered and will continue to suffer distress, suffering, anguish, fright, nervousness, 27 grief, anxiety, worry, shame, mortification, injured feelings, shock, humiliation and 28 indignity, as well as other unpleasant reactions, damages to reputation, and other non- 36 COMPLAINT 1 economic damages, in a sum to be ascertained according to proof. Said damages are 2 of the type that any person would suffer as result of the illegal and wrongful conduct of 3 Defendants; Plaintiff does not claim that he has suffered any psychiatric illness as a 4 result of the conduct of Defendants. Plaintiff Serrano further seeks to recover all wages 5 and benefits that Plaintiff would have earned if not discriminated against, retaliated 6 against, or unlawfully harmed in amount to be proven at trial. 7 164. Plaintiff SAPOA has incurred damages in the form of attorney fees, costs 8 and nominal damages because of Defendants' violations of the Labor Code section 9 cited above. 10 165. The duty to obey the Labor Code sections set forth above is a ministerial 11 duty and is not discretionary. By acting, and failing to act, as set forth above, 12 defendants have violated a ministerial duty. Moreover, the acts and/or omissions of 13 defendants, set forth above, demonstrate that defendants' failure to comply with the 14 California Constitution wherein it enjoins certain acts; therefore, defendants actions 15 were illegal as a matter of law under Government Code section 1222, which makes a 16 public officer's "willful omission to perform any duty enjoined by law" a misdemeanor. 17 166. The acts listed above, individually or jointly, constitute a violation of 18 Plaintiffs' rights under the Labor Code and therefore this court should render all 19 available and proper relief to remedy the violations and to prevent future violations of a 20 like or similar nature. Plaintiffs specifically seek a "make whole" remedy. 21 167. For those acts identified in the already filed Government Tort Claim, 22 Plaintiffs seek all available monetary damages and statutory penalties. For those acts 23 not yet included in a filed and/or acted upon Government Tort Claim, Plaintiffs seek 24 injunctive and/or mandamus remedies. Plaintiffs are in the process of satisfying the 25 Government Tort Claim requirement for those acts or omissions that were learned of 26 and/or took place after the initial Tort Claim was filed and rejected; upon completion of 27 that process, Plaintiffs will seek leave to amend the complaint to seek damages and/or 28 civil penalties for the additional acts that recently occurred or were learned of. 37 COMPLAINT 1 168. The above articulated violations were proximately caused by City's 2 deliberate indifference to its employees' violations law, and the failure to train and 3 control its officers and representatives on the provisions of law referenced above. The 4 violations set forth above were proximity caused by the customs, practices, policies and 5 decisions of the defendants. 6 169. Unless this court issues a preliminary and permanent injunction enjoining 7 and restraining defendants, and each of them, and their agents, employees and 8 servants, from ordering, requiring, commanding, or taking any other action that will 9 result in violations of Plaintiffs' rights, Plaintiffs will suffer irreparable harm in that its/his 10 rights will be violated without any remedy being afforded. 11 170. Plaintiffs have attempted, without success, to exhaust any and all 12 administrative remedies afforded to them to deal with these issues, but such efforts are 13 futile as the named defendants are the ones that make the final decisions via any 14 complaints, grievances or other administrative actions. 15 171. Plaintiff requests this court to award damages and attorney fees as 16 provided by law, including pursuant to C.C.P. §1090 and 1095. 17 172. In bringing this action, Plaintiffs have sought enforcement of an important 18 right affecting the public interest which will result in the conferring of a significant benefit 19 upon a large class of persons, to wit, public employees, thereby entitling Petitioners to 20 an award of attorneys' fees pursuant to Code of Civil Procedure §1021 .5. 21 173. The actions of defendants, and each of them, were arbitrary and capricious 22 and, therefore, Plaintiff is entitled to recover attorneys' fees pursuant to Government 23 Code §800. 24 FIFTH CAUSE OF ACTION 25 Against City, Police Department, Valentin, Ridge and Carvalho 26 Violation of Penal Code 832.5-832.81Evidence Code §1043-1046 27 174. Plaintiffs Santa Ana Police Officers Association and Gerry Serrano for a 28 Fifth Cause of Action against all Defendants for violations of Penal Code §§832.5-832.8 38 COMPLAINT 1 and/or Evidence Code §§1043-1046 re-alleges paragraphs 1-95, above, and further 2 allege as follows: 3 175. Penal Code 832.5(a) (1) provides "Each department or agency in this state 4 that employs peace officers shall establish a procedure to investigate complaints by 5 members of the public against the personnel of these departments or agencies, and 6 shall make a written description of the procedure available to the public." 7 176.Penal Code §832.7(f) (1) mandates that "The department or agency shall provide 8 written notification to the complaining party of the disposition of the complaint within 30 9 days of the disposition." 10 177. The City of Santa Ana and Santa Ana Police Department have established 11 and published procedures for receiving and investigating complaints. The established 12 procedures state that complaints will investigated and the party submitting the 13 complaint will be notified of the results by mail. 14 178. The procedure for addressing citizen complaints that the department has 15 established and published obligated the department to conduct an investigation into the 16 allegations of the complaint that was sufficient to allow a decision-maker make one of 17 four possible findings, and the procedure obligated the Chief of Police to make one of 18 those findings with respect to each allegation of misconduct. Defendants did not comply 19 with these obligations and Plaintiffs are entitled to a writ of mandate compelling 20 defendants to perform their ministerial duty to satisfy the obligations imposed by the 21 department's published procedure. (See Galzinski v. Somers, (2016) 2 Cal.App.5tn 22 1164). 23 179. Plaintiffs filed complaints and requests for investigations and Defendants 24 failed to either investigate the allegations of misconduct (which were also violations of 25 state law and possible misdemeanor offenses) and/or refused to notify Plaintiff SAPOA 26 of the outcome of the investigation. 27 180. Defendants had a ministerial duty to investigate the SAPOA's and/or 28 Serrano's citizen's complaint and to render a finding on that complaint in compliance 39 COMPLAINT I with the complaint procedure the department established and made public pursuant to 2 subdivision (a)(1) of Penal Code section 832.5. (See Gregory v. State Bd. of Control 3 (1999) 73 Cal.AppAth 584 ('[a] public entity has a ministerial duty to comply with its 4 own rules and regulations where they are valid and Unambiguous); Pozar v. Department 5 of Transportation (1983) 145 Cal.App.3d 269 (a writ of mandate may be issued to 6 compel a public agency to follow its own internal procedures.). 7 181. A writ of mandate may be issued by any court to any inferior tribunal, 8 corporation, board, or person, to compel the performance of an act which the law 9 specially enjoins, as a duty resulting from an office, trust, or station." (Code Civ. Proc., § 10 1085, subd. (a).) Indeed, "[t]he writ must be issued in all cases where there is not a 11 plain, speedy, and adequate remedy, in the ordinary course of lawupon the verified 12 petition of the party beneficially interested." (Id. , § 1086.) In essence, "[m]andamus lies 13 to compel the performance of a clear, present, and ministerial duty where the petitioner 14 has a beneficial right to performance of that duty." (Carrancho v. California Air 15 Resources Board (2003) 111 Cal.AppAth 1255 1265) "A duty is ministerial when it is 16 the doing of a thing unqualifiedly required." (Redwood Coast Watersheds Alliance V. 17 State Bd. of Forestry & Fire Protection (1999) 70 Cal.AppAth 962, 970). 18 182. Plaintiffs seek a writ of mandate commanding Defendants to investigate 19 Plaintiff's complaint regarding the release of the confidential information and to inform 20 Plaintiff of the outcome of that investigation. Plaintiff further seeks an order of the court 21 mandating that Defendants, and each of them, fully investigate any and all complaints 22 made to the City of Santa Ana/Santa Ana Police Department regarding the misconduct 23 of police department employees/officials. 24 183. Furthermore, Penal Code §832.5-832.8 requires Defendants to maintain as 25 confidential peace officer personnel files/information. The only manner in which the 26 information can be released to third parties is through compliance with Evidence Code 27 §§1043-1046. 28 184. Plaintiff Serrano was issued punitive action by Defendant Ridge, and then 40 COMPLAINT 1 Defendant Ridge and/or Carvalho released copies of the punitive action to elected 2 Council members and media sources without complying with the legal requirements set 3 forth above. 4 185. The duty to obey the laws set forth in Penal Code § §832.5-832.8 and/or 5 Evidence Code §§1043-1046, is a ministerial duty and is not discretionary. By acting, 6 and failing to act, as set forth above, defendants have violated a ministerial duty. 7 Moreover, the acts and/or omissions of defendants, set forth above, demonstrate that 8 defendants' failure to comply with Penal Code §§832.5-832.8 and/or Evidence Code 9 §1043-1046 was illegal as a matter of law under Government Code section 1222, which 10 makes a public officer's "willful omission to perform any duty enjoined by law" a 11 misdemeanor. 12 186. As a result of Defendants' unlawful action, Plaintiff Serrano has suffered 13 and will continue to suffer distress, suffering, anguish, fright, nervousness, grief, 14 anxiety, worry, shame, mortification, injured feelings, shock, humiliation and indignity, 15 damages to reputation, and other non-economic damages, in a sum to be ascertained 16 according to proof. Said damages are of the type that any person would suffer as result 17 of the illegal and wrongful conduct of Defendants; Plaintiff does not claim that he has 18 suffered any psychiatric illness as a result of the conduct of Defendants. 19 187. Plaintiffs have no plain, speedy or adequate remedy under the law. 20 Plaintiffs have attempted to exhaust all administrative remedies to redress the violation 21 of their rights. 22 188. Plaintiffs request this court to award ancillary damages pursuant to C.C.P. 23 §1090 and 1095. 24 189. The actions of defendants, and each of them, were arbitrary and capricious 25 and, therefore, Plaintiffs are entitled to recover attorneys' fees pursuant to Government 26 Code §800. 27 190. The success of Plaintiffs in this action will result in the enforcement of an 28 important right affecting the public interest in that a significant benefit will be conferred 41 COMPLAINT 1 on a large class of persons, that is, public employees, and the necessity and financial 2 burden of private enforcement of said benefit are such as to make appropriate the 3 award of attorney fees pursuant to California Code of Civil Procedure §1021.5. 4 SIXTH CAUSE OF ACTION 5 (Violation of FEHA (Government Code $ 12900, et seq.) 6 Retaliation for Engaging in Protected Activity 7 (Against City of Santa Ana/Santa Ana Police Department) 8 191. The allegations set forth in paragraphs 1 through 190 are re-alleged and 9 incorporated herein by reference. 10 192. Plaintiffs filed complaints with the City of Santa Ana, via Defendant Ridge 11 and/or Motsick regarding allegations of gender discrimination and/or harassment. 12 Furthermore, Defendants Ridge, Motsick and Carvalho believed that Plaintiffs had or 13 would file complaints against Ridge for allegations of sexual harassment. In retaliations 14 for Plaintiffs filing complaints, and/or the fear that additional complaints would be made, 15 defendants engaged in actions such as issuing punitive action, causing Plaintiff Serrano 16 to be subject to improper Investigations, placed on administrative leave, and/or to 17 implement other adverse employment action against Plaintiff Serrano. 18 193. Plaintiffs complained to Defendants about the inappropriate actions 19 (discrimination, harassment and/or retaliation), but nothing was done and the retaliation 20 continued unabated. On the basis of the above, Plaintiffs believe and allege that 21 Defendants retaliated against them for their complaints of gender discrimination, sexual 22 harassment, and/or retaliation. 23 194. Plaintiffs reporting of unlawful actions were motivating factors in 24 Defendants' decision not to implement adverse employment actions against Plaintiff 25 Serrano. 26 195. Defendants' conduct, as alleged, violated the Fair Employment and 27 Housing Act, Government Code section 12900, et seq., and Defendants committed 28 unlawful employment practices. 42 COMPLAINT 1 196. As a proximate result of Defendants' willful, knowing, and intentional 2 discrimination/harassment/retaliation against Plaintiff, Plaintiff has sustained and 3 continues to sustain damages, humiliation, distress, pain and anguish, all to his 4 damage in a sum according to proof. 5 197. Plaintiffs have incurred and continues to incur legal expenses and 6 attorneys' fees. Pursuant to Government Code section 12965(b), plaintiffs are entitled 7 to recover reasonable attorneys' fees and costs (including expert costs) in an amount 8 according to proof. 9 198. Plaintiffs further request that the Court render appropriate injunctive or 10 other extraordinary relief to remedy these violations and to prevent future violations of a 11 like or similar nature, including, but not limited to, the granting of a permanent injunction 12 requiring the Defendants, upon receiving notification of conduct which may violate the 13 California Department of Fair Employment and Housing regulations or California 14 whistleblower statutes, to promptly conduct a fair and thorough investigation into the 15 allegations and not allow retaliatory actions to be taken against the employees. 16 199. Plaintiff requests this court to award ancillary damages pursuant to C.C.P. 17 §1090 and 1095. 18 200. The actions of defendants, and each of them, were arbitrary and capricious 19 and, therefore, Plaintiff is entitled to recover attorneys' fees pursuant to Government 20 Code §800. 21 201. The success of Plaintiff in this action will result in the enforcement of an 22 important right affecting the public interest in that a significant benefit will be conferred 23 on a large class of persons, that is, public employees, and the necessity and financial 24 burden of private enforcement of said benefit are such as to make appropriate the 25 award of attorney fees pursuant to California Code of Civil Procedure §1021.5 26 202. Plaintiff obtained a Right to Sue letter from the DFEH, and served the 27 same on defendants via the City Clerk's office. 28 WHEREFORE, Plaintiff prays for judgment against Defendants and each of them 43 COMPLAINT I as follows: 2 FIRST CAUSE OF ACTION 3 1. Any and all appropriate injunctive or other extraordinary relief afforded under 4 Government Code §3500, et seq., to remedy the violation and to prevent future 5 violations of alike or similar nature, including, but not limited to, the granting of a 6 temporary restraining order, preliminary injunction, or permanent injunction prohibiting 7 Defendants, and each of them, and their agents, representatives, employees, servants 8 and/or investigators from violating Government Code §3500, et seq. 9 2. For those matters already identified in Plaintiffs' Government Tort Claims, 10 any and all damages and/or civil penalties afforded under the law. 11 SECOND CAUSE OF ACTION 12 3. Any and all appropriate injunctive or other extraordinary relief afforded under 13 Government Code §3309.5(d) to remedy the violation and to prevent future violations of 14 a like or similar nature. 15 4. For those matters already identified in Plaintiffs' Government Tort Claims, any 16 and all damages and/or civil penalties afforded under the law. 17 THIRD CAUSE OF ACTION 18 5. Any and all appropriate injunctive or other extraordinary relief afforded under 19 the law to remedy the violation and to prevent future violations of a like or similar 20 nature. 21 6. For those matters already identified in Plaintiffs' Government Tort Claims, any 22 and all damages and/or civil penalties afforded under the law. 23 FOURTH CAUSE OF ACTION 24 7. Any and all appropriate injunctive or other extraordinary relief afforded under 25 the law to remedy the violation and to prevent future violations of a like or similar 26 nature. 27 8. For those matters already identified in Plaintiffs' Government Tort Claims, any 28 and all damages and/or civil penalties afforded under the law. 44 COMPLAINT I FIFTH CAUSE OF ACTION 2 9. A declaration of the Court that the Defendants violated Penal Code §832,5- 3 832.7 and/or Evidence Code §§1043-1046 and that Plaintiffs are entitled to the full 4 relief afforded under Penal Code §832.5-832.7 and/or Evidence Code §§1043-1046. 5 10. Any and all appropriate injunctive or other extraordinary relief afforded under 6 the law to remedy the violation and to prevent future violations of a like or similar 7 nature. 8 11. For those matters already identified in Plaintiffs' Government Tort Claims, 9 any and all damages and/or civil penalties afforded under the law. 10 SIXTH CAUSE OF ACTION 11 12. Any and all appropriate injunctive or other extraordinary relief afforded under 12 the law to remedy the violation and to prevent future violations of a like or similar 13 nature. 14 13. For those matters already identified in Plaintiffs' Government Tort Claims, 15 any and all damages and/or civil penalties afforded under the law. 16 ALL CAUSES OF ACTION 17 14. An award ancillary damages pursuant to C.C.P. §1090 and 1095. 18 15. For all matters covered by Plaintiffs' Government Tort Claim(s), all damages 19 which the Plaintiffs have sustained as a result of Defendants' conduct, including general 20 damages for pain, suffering, distress, and special damages for lost compensation, 21 including back, front pay, job benefits that he would have received but for the 22 discriminatory practices of Defendants, damages for anguish, fright, nervousness, grief, 23 anxiety, worry, shame, mortification, injured feelings, shock, humiliation and indignity, 24 as well as other unpleasant physical, mental, and emotional reactions ordinarily to be 25 expected, damages to reputation, and other non-economic damages, to the extent 26 permitted by law and in a sum to be ascertained according to proof; 27 16. For all matters covered by Plaintiffs' Government Tort Claim(s), other actual, 28 consequential, and/or incidental damages, and/or statutory penalties in a sum to be 45 COMPLAINT 1 ascertained according to proof; 2 17. Attorneys' fees pursuant to Government Code §800. 3 18. Attorney fees pursuant to California Code of Civil Procedure §1021.5 4 19. Attorney fees as provided by any other law and/or statutes 5 20. That Defendants takes nothing by virtue of this action; 6 21. For cost of suit and attorney's fees incurred herein; and 7 22. For such other and further relief as the Court may deem just and proper/ 8 9 DATED: November , 2021 COREY W. GLAVE, ATTORNEY AT LAW 10 By: Corey W. Glave 11 Attorneys for Plaintiffs 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 46 COMPLAINT 1 VERIFICATION 2 The undersigned declares as follows: 3 4 1 am the attorney of record for all plaintiffs in this action. I am verifying this 5 Complaint on the basis that all named plaintiffs are absent from the county where 1 6 have my office. I have read the foregoing COMPLAINT, and know the contents thereof. 7 The contents are true, except as to the matters which are therein stated on information 8 or belief, and as to those matters I believe them to be true and Plaintiffs are acting in 9 good faith in bringing forward such allegations. 10 1 declare under penalty of perjury under the laws of the State of California that 11 the foregoing is true and correct. 12 /S/ Corey Glave 13 14 COREY GLAVE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 47 COMPLAINT Becerra, Alexis From: Jackie Angel Investor < Sent: Tuesday, October 7, 2025 10:14 AM To: eComment Cc: Vazquez, Benjamin Subject: Plaza of the Flags Homicide Report FYI Attachments: Plaza of the Flags Homicide Report.pdf -Attention: This email originated from outside of City of Santa Ana.Use caution when opening attachments or links. On Monday, August 1, 2016, at 0920 hours, Santa Ana Police Officers, MATTHEW CHITJIAN and DAVID ENRIQUEZ were working a two man unit assigned to patrol the homeless encampments located at the Civic Center Plaza. The Officers were driving a marked black and white patrol unit and were dressed in department approved black polo shirts and jeans. CHITJIAN and ENRIQUEZ were driving their vehicle west bound,just south of the court house when they observed a male subject, later identified as RICHARD GENE SWIHART riding a bicycle toward them. CHITJIAN and ENRIQUEZ exited their vehicle to speak with SWIHART. During the encounter, SWIHART became uncooperative and CHITJIAN and ENRIQUEZ went to place handcuffs on him. A struggle occurred and the officers and SWIHART went to the ground. While they were trying to place SWIHART's hands behind his back, ENRIQUEZ yelled to CHITJIAN that SWIHART was grabbing his gun, or smoothing similar to that, and CHITJIAN fired his weapon twice, striking SWIHART both times in his right side. Richard Gene Swihart, 32, died as a result of his injuries. On the morning of Aug. 1, two Santa Ana police officers stopped a homeless man named Richard Gene Swihart for riding his bicycle in the Civic Center plaza. A few minutes later, Richard was rushed to a hospital — the officers had shot him multiple times. On Aug. 14, Richard died of his wounds. https://www.aclusoca1.org/en/news/biking-while-homeless 1 ' ORANGE COUNTY DISTRICT ATTORNEY'S OFFICE � S.A. 16-027 =� BUREAU OF INVESTIGATION PREFACE CASE NAME: SWIHART, RICHARD GENE CLASSIFICATION: OFFICER INVOLVED SHOOTING / FATAL AGENCY: SANTA ANA POLICE DEPARTMENT DATE AND TIME: AUGUST 1, 2016 0924 HOURS LOCATION: 30 CIVIC CENTER DRIVE WEST SANTA ANA, CALIFORNIA AGENCY CASE NUMBERS: SANTA ANA POLICE DEPARTMENT: 16-20142 ORANGE COUNTY CRIME LAB: 16-52644 On Monday, August 1, 2016, at approximately 0945 hours, Santa Ana Police Department Homicide Sergeant JULIAN RODRIGUEZ contacted me regarding a Santa Ana Police Department (SAPD) officer involved shooting incident that occurred near the Plaza of the Flags, 30 Civic Center Drive West, in the city of Santa Ana. RODRIGUEZ requested the Orange County District Attorney's Officer Involved Incident Investigation Team, respond to the location and conduct an investigation into the incident. Orange County District Attorney Investigators DANNY BECCERA, COLLIN MILLIGAN, MIKE KENDRICK, PETE MONTEZ, DON HOLFORD, ROSS PETERSON, DAVE MELNYK, ROB LONG and TOM BEES were contacted and requested that they respond to assist in the investigation. At approximately 1132 hours, SAPID Sergeant DOMINICK PADILLA conducted a briefing of the known circumstances surrounding the incident for personnel involved in the investigation. The following was learned from the briefing and preliminary investigation: Supervising Investigator: STAN BERRY Date of Report: 10/14/2016 Page 1 of 3 S.A. 16-027 On Monday, August 1, 2016, at 0920 hours, Santa Ana Police Officers, MATTHEW CHITJIAN and DAVID ENRIQUEZ were working a two man unit assigned to patrol the homeless encampments located at the Civic Center Plaza. The Officers were driving a marked black and white patrol unit and were dressed in department approved black polo shirts and jeans. CHITJIAN and ENRIQUEZ were driving their vehicle west bound, just south of the court house when they observed a male subject, later identified as SWIHART riding a bicycle toward them. CHITJIAN and ENRIQUEZ exited their vehicle to speak with SWIHART. During the encounter, SWIHART became uncooperative and CHITJIAN and ENRIQUEZ went to place handcuffs on him. A struggle occurred and the officers and SWIHART went to the ground. While they were trying to place SWIHART's hands behind his back, SWIHART grabbed ENRQUEZ's holstered firearm. ENRIQUEZ yelled to CHITJIAN that SWIHART was grabbing his gun, or smoothing similar to that, and CHITJIAN fired his weapon twice, striking SWIHART both times in his right side. At 0924 hours, a call for assistance was put out on the radio, reporting that there had been an Officer Involved Shooting. At 0925 hours, Orange County Fire Authority (OCFA) paramedics were requested on the radio. OCSD Special Services Officers and SAPD Officers responded to assist with crowd control. OCFA personnel arrived on scene and treated SWIHART for two gunshot wounds. SWIHART was transported to Orange County Global Medical Center, located at 1001 N. Tustin Avenue, in the city of Santa Ana. SWIHART underwent surgery, and was and decided not to remove the remaining bullet located within SWIHART at this time. SWIHART was in critical condition but expected to survive his injuries. Supervising Investigator: STAN BERRY Date of Report: 10/14/2016 Page 2 of 3 S.A. 16-027 The following assignments were made: • DAVE MELNYK/ PEDRO DURAN (SAPD) - Case Investigator • MIKE KENDRICK/JUSTO CAPACETE (SAPD) - Scene • COLLIN MILLIGAN / MATTHEW McLEOD (SAPD) - Interviews • PETE MONTEZ/ PAUL McCLASKEY (SAPD) - Interviews • DON HOLFORD / EDDIE NUNEZ (SAPD) - Hospital • ROB LONG / DANIAL AGUILAR (SAPD) - Canvass Interviews • DANNY BECERRA/ RICH RIBIERO (SAPD) - Canvass Interviews • ROSS PETERSON /ADRIAN SILVA (SAPD) - Canvass Interviews • TOM BEES— Command Vehicle Refer to the packaged reports, documents and photographs for details of this investigation. Supervising Investigator: STAN BERRY Date of Report: 10/14/2016 Page 3 of 3 Flores, Dora From:Irma Jauregui <irmapj@yahoo.com> Sent:Tuesday, October To:eComment; Carvalho, Sonia R. Subject:Items on agenda and resources for Neighborhood Initiatives for neighborhood Association support Attention: This email originated from outside of City of Santa Ana. Use caution when opening attachments or links. Greetings to Mayor and council members, I will try to be short and concise in my communications I support items 6 and 18 and I suggest that on item 23 we should stay neutral since this is an issue that is very partisan and we have residents that hold both sides of the issue and let the voters decide for themselves. I do have a question on funding Neighborhood Initiatives for more resources for our neighborhood associations in our community. In conversations with my neighborhood association friends, we remembered that there’s a possibility of monies owed to our City for different reasons. One item that came up in a conversations is that past council member Roman Reyna owed $500,000 in a lawsuit to our city, has that been paid? Are there others still owing monies? There should be an accounting of monies outstanding that can support our community? Thank you, Irma P Jauregui Wilshire Square resident 5 Submitted at the City Council Meeting Mark Spratt 2108 North Westwood Avenue 4f k6b Item No. Santa Ana, California 92706 By +1-562-506-6703 / mspratt76@gmail.com October 7, 2025 Santa Ana City Council 22 Civic Center Plaza Santa Ana, CA 92701 Subject: Formal Complaint — M►suse of Public Resources for Political Benefit by Councilmember Jessie Lopez (Santa Ana, Ward 3 / Candidate for +68th Assembly District) Dear Mayor Amezcua, City Attorney Carvalho, and Members of the Santa Ana City Council, I am a Ward 3 homeowner in West Floral Park, and I write to register a formal complaint and demand immediate, specific action regarding the confirmed use of $2,500 in City of Santa Ana "Special Event Sponsorship" (discretionary) funds by Councilmember Jessie Lopez to sponsor the Anaheim "Little Arabia Third Anniversary" event in August 2025. This expenditure is not merely a technical error; it constitutes an apparent and material violation of the City's explicit Special Event Sponsorship Policy, the Code of Ethics and Conduct, and potentially several provisions of State Law concerning the proper use of public funds. I formally request the following actions be undertaken immediately: • Immediate Investigation by the City Attorney's Office: A determination of non-compliance with the City's Special Event Sponsorship Policy and Code of Ethics. • Filing of an Ethics Complaint: Formal initiation of proceedings pursuant to the City's Code of Ethics and Conduct • Agendizing for Council Action: Placement of a resolution on the next available City Council agenda for the imposition of a COUNCIL CENSURE and a MANDATORY PERSONAL REIMBURSEMENT order. I. Non-Compliance & Misuse of Public Funds The facts, including the Councilmember's own reported public statements, establish prima facie evidence that this expenditure was unauthorized and inappropriate for Santa Ana public funds. r A. Clear Violation of Special Event Sponsorship Policy The Santa Ana Special Event Sponsorship Policy exists to serve the residents of Santa Ana. The policy is undermined and rendered meaningless if funds are spent indiscriminately outside the Santa Ana City's jurisdiction. • Santa, Ana's "In the City" Standard: The City's published program criteria explicitly mandates that sponsorships are for events "taking place in Santa Ana" or that "directly benefit Santa Ana residents." The Anaheim "Little Arabia" event fails the geographical test. • Fiduciary Breach of Location: Fact that the $2,500 was directed to a non-profit entity operating entirely outside the City of Santa Ana's limits makes this transaction Inherently more suspect and problematic. This constitutes an egregious diversion of Santa Ana taxpayer dollars to subsidize events in another jurisdiction. • Lack of Documented Direct Benefit: A general claim of "uplifting all of Orange County" (as reportedly stated by the Councilmember) is not the legal or policy standard for Santa Ana discretionary funds. The policy requires a direct benefit. No public documentation, application, or staff review has established a clear, measurable, and exclusive public benefit to Santa Ana residents that warrants the diversion of $2,500 from our City's local needs to a neighboring city's event. • Prohibition on Political Appearance: The policy includes specific guardrails against events that are or may be "perceived to be politically oriented." Directing a $2,500 public sponsorship to an event in an adjacent district while actively campaigning for State Assembly (a district that includes Anaheim) creates an undeniable, flagrant appearance of using public resources for political serf-promotion and is inconsistent with the prudent stewardship required by the City's Code of Ethics. B. Potential Complicity of Administration (City Manager & Staff) I have concurrently requested the actual approval forms and paper trail. I submit that the approval of this non-compliant, out-of- jurisdiction expenditure raises serious questions about the administrative integrity of the City Manager's office and supporting staff (8th floor and Finance). • Failure of Fiduciary Oversight: The City Manager and staff (including Messrs. NuNez, Thai, Downs, and Ms. Vazquez) have a clear fiduciary duty to block expenditures that are facially non 2 compliant with adopted City policy. The approval of this event in Anaheim suggests a "rubber-stamp" authorization, potentially driven by political considerations, such as securing Council votes for future administrative actions, including the City Manager's- compensation or contract renewal. ® Unauthorized Expenditure (Penal Code § 424): If the expenditure was made without the requisite staff eligibility determination, City Manager sign-off, or in deliberate contravention of the policy's clear requirements, it could trigger concerns regarding misappropriation or unauthorized disbursement of public funds by both the Councilmember and the approving staff. C. Potential Violations of State Law (Immediate City Attorney Review Required) The City Attorney must investigate the following potential violations of State Law. • Impermissible Gift of Public Funds (Cal. Const. art. XVI, § 6): Public funds may only be expended for a specific, identifiable public purpose benefiting the governmental body making the expenditure. Absent compelling documentation proving the direct benefit to Santa Ana residents that overrides the public interest of a neighboring city, the payment risks being deemed an unconstitutional gift of public funds. • Misuse of Public Resources (Gov. Code § 8314): This code section prohibits the use of public resources for campaign activities. The timing and location of the sponsorship---directly within the official's Assembly campaign district—requires a full review of whether the expenditure functioned as de facto campaign positioning, voter access, or political promotion, thereby implicating § 8314. II. Required Actions for Accountability & Recovery Based on the evidence and the urgent need to restore public trust and protect taxpayer funds, I demand the following rock-solid actions be taken immediately: A. Immediate Document. Release and Administrative Review • Mandatory Production: The City must immediately obtain and publicly release the specific approval documents I requested: the Donation Request Form (DRF), the staff eligibility review notes, the official City Manager sign-off documentation, the W- 9/vendor paperwork, and the final payment voucher, (Must be produced pursuant to my concurrent CPRA Request.) 3 e • Compliance Finding: The City Attorney must issue a Formal finding on whether the expenditure was compliant with the Special Event Sponsorship Policy and the Code of Ethics (prudent use and avoidance of political appearance). (Initiate ethics complaint proceedings per the City Code of Conduct.) B. City Council Legislative Action • Resolution & Censure: Place an item on the next City Council agenda (or the first available date) for a resolution finding the expenditure non-compliant and imposing a formal Censure of Councilmember Lopez for violation of policy and erosion of public trust. • Mandatory Personal.Reimbursement: Resolution must order the Mandatory Personal Reimbursement of the $2,500 amount directly from Councilmember Lopez's personal funds back to the City's Special Event Sponsorship account. Repayment from her office's remaining discretionary budget is unacceptable, as this would merely shuffle taxpayer funds and fail to remedy the fiduciary breach. The only true remedy for a misuse of public resources is. personal financial accountability. C. Policy Reform & External Referrals • Policy Tightening: Direct staff to immediately implement a policy clarification that explicitly states: o Out-of-city events are ineligible unless the applicant proves a clear, measurable, direct benefit to Santa Ana residents. o Events connected to an official's active candidacy are explicitly ineligible due to the policy's existing "politically oriented" prohibition. • Referrals for Enforcement: If the investigation confirms a campaign or advocacy nexus, or evidence of administrative complicity, I request immediate referral to the Pair Political Practices Commission (I^PPC) and the Orange County District Attorney for review under state law, including Gov. Code §8314 and Penal Code §424. (Notification of referral status required upon completion of the internal review.) III. Supporting Evidence (Attached / Available) 4 A. Voice of OC and OC Independent news reports confirming Ms. Lopez's public acknowledgment of the $2,500 sponsorship (ht_•_tp_.s ocinde endent.cam/2025 8 editorial-santa2ana- councilwoman iessie-lgpj z using-tax-dollars-to-buy-votes) B. City of Santa Ana Special Event Sponsorship Policy (showing "in- city/direct benefit" rule and political appearance prohibition). C. CPRA request filed (pending) seeking Donation Request Form, approval records, and payment vouchers. D. City Council discretionary fund allocations for FY 2024-2025. NNNrV lVN Santa Ana families are struggling with affordability, public safety, and city services. Every discretionary dollar must serve the public purpose of our City, not subsidize neighboring municipalities or facilitate political campaigns. Upholding the fiduciary duty to the Santa Ana taxpayer is the highest standard our officials must meet, and this requires the personal recovery of the misspent $2,500. I am available to provide a sworn statement and intend to speak at the City Council meeting where these actions are agendized. Please confirm receipt of this formal complaint and advise of the specific timeline for your investigation and the date on which this item will be placed on the City Council agenda. Best, (74L-01-( 41s;1— Mark Spratt Ward 3 Resident & Homeowner West Floral Park, Santa Ana, CA Mspiatt76@c�mail.c m / +1-562-506-6703 5