Case 5:19-cv-01898-EJD Document 13 Filed 04/23/19 Page 1 of 7

Pro Se Plaintiffs
c/o Alicia Kuhl,
Homeless Advocate
Santa Cruz, CA
Phone: 831-431-7766

UNITED STATES COURT

NORTHERN DISTRICT OF CALIFORNIA

San Jose Division

ROSS CAMP COUNCIL OF THE SANTA

CRUZ HOMELESS UNION, ON BEHALF
Case No: CV 19 18
EJD
9 OF DESIEIRE QUINTERO, SANTOS Supplemental and Urgent Motion
MENDEZ, MICHAEL SWEATT, SONNY for Temporary Restraining Order
10
LOPEZ, RAFAEL SALDANA, CRYSTAL and Memorandum of Points and
11 OLSSON, VANESSA MONTOYA, JUAN Authorities; Declaration of
MACEDO, MARK HEMERBACH, SHANNON Alicia Kuhl in Support of
12 VUDMUSKA and ALL OTHERS Motion for TRO; [Proposed]
SIMILARLY SITUATED RESIDENTS OF Order
13 THE ROSS HOMELESS ENCAMPMENT
LOCATED BEHIND ROSS AT THE
14
GATEWAY PLAZA IN SANTA CRUZ,
15 CALIFORNIA; FOOD NOT BOMBS,
HOMELESS UNITED FOR FRIENDSHIP
16 AND FREEDOM ("H.U.F.F."),

17

18
Plaintiffs in Pro Per
19
vs.

20
CITY OF SANTA CRUZ, SANTA CRUZ
21 CITY COUNCIL, SANTA CRUZ CITY
MANAGER MARTIN BERNAL, SANTA
22
CRUZ MANAGEMENT ANALYST SUSIE
O'HARA, SANTA CRUZ CITY MANAGER
23
TINA SHULL, SANTA CRUZ CHIEF OF
24 POLICE ANDREW MILLS, "TAKE BACK
SANTA CRUZ" and DOES 1 -100,
25

26 Defendants

27

28

- 1 -
Case 5:19-cv-01898-EJD Document 13 Filed 04/23/19 Page 2 of 7
Case 5:19-cv-01898-EJD Document 13 Filed 04/23/19 Page 3 of 7
Case 5:19-cv-01898-EJD Document 13 Filed 04/23/19 Page 4 of 7
Case 5:19-cv-01898-EJD Document 13 Filed 04/23/19 Page 5 of 7
Case 5:19-cv-01898-EJD Document 13 Filed 04/23/19 Page 6 of 7
Case 5:19-cv-01898-EJD Document 13 Filed 04/23/19 Page 7 of 7
 Case 5:19-cv-01898-EJD Document 13-1 Filed 04/23/19 Page 1 of 3

MP ELECTRONICALLY RECEIVED
4/22/201911:09 AM

Anthony P.Condotti, SBN 149886

Reed W.Gallogly, SBN 273573
AmyE.B.Kapp,SBN 223739
ATCmSON,BAiEaSONE & CONDOTTI

4
A Professional Coipoiadon
P.O.Box 481
Santa Cruz,CA 95061
FILED
Telephone: (831)423-8383 APR 22 2019
5
Facsimile: (831)576-2269
6 Email: rwg@abc-law.com
Attorneys for Applicant, CITY OF SANTA CRUZ
7

9 SUPERIOR COURT OF THE STATE OF CAUFORMIA

10 FOR THE COUNTY OF SANTA CRUZ

11
STATE OF CALIFORNIA,CITY OF CaseNo. 19CV01213
12 SANTA CRCZ
13
|!»]OI»£R
In re: the Gateway Encampment,Santa
14
Cruz,California
15 (APNs008-r 4-5,008-174-06,and 008-
16
601-05)

17

18 PETITIONER CITY OF SANTA CRUZ'S("City's")Ex Parte Application for anOtder authorizing die
19 abatement oft^ public nuisance conditions and violations ofhealth and safety codes and regulations at
20 the "Gateway Encampmmit," as defined in the City's Application,.came on for hearing on April 22,
21 2019 in Departm^V^ofthe above couit at
22 Ihe Court, haying reviewed the pleadings and documents on file herein and afier hearihgjhedestitnoi^i^
23

24 .and

25 sased
ssed upon the
tne facts set forth in the sworn Declaration ofthe City ofSanta Cruz Fire Departm
Dei ent Chief
26 JASON HAJDUK,die Declaration ofthe City of Santa Cruz Assistantto the City Manlier SUSAN
27 O'HARA,the Declaration ofthe City of Santa Cruz Deputy City Attorney AMY KAPP,the Declaration
28 ofthe City ofSanta Cruz Dqiuty City Attorney REED GALLOGLY,and the siqiporting exhibits the

[PROPOSED]ORDER
17- M
Case 5:19-cv-01898-EJD Document 13-1 Filed 04/23/19 Page 2 of 3
Case 5:19-cv-01898-EJD Document 13-1 Filed 04/23/19 Page 3 of 3
 Case 5:19-cv-01898-EJD Document 13-2 Filed 04/23/19 Page 1 of 4

Declaration of Alicia Kuhl

I, Alicia Kuhl, declare as follows,

i

1. 1 am the President of the Ross Camp Council of the Santa Cruz Homeless
Union, a pro se plaintiff in this matter.

2. Yesterday, April 22,2019 I was present in Santa Cruz Superior when

Judge Paul Burdick refused to consider numerous declarations we had
prepared in order to oppose the City's ex parte application or to take
any testimony or other evidence. The declarations that Judge Burdick
refused to consider are attached hereto as Exhibit A.

3. Although 1 had telephoned the City Attorney to advise that we would be

opposing the application, 1 was not provided with any of the City's
filings or declarations until 10:00 a.m. yesterday, April 22,2019.1 was
not provided with the City's proposed order or any of the exhibits to the
various city declarations. What was provided to me constituted over
100 pa ^es. It was impossible to prepare or file a written opposition.

4. Approximately two weeks ago, 1 was present at a meeting between the

Ross Camp Council and the City of Santa Cruz represented by Fire Chief
Jason Hajduk, Assistant to the City Manager Susan O'Hara and City
Homeless Assistant Megan Bunch Court at which it was agreed that no
one would be displaced from the Ross Camp and,instead, a community
clean-ilp involving the residents themselves. Parks and Recreation and
the Fire Chief would be scheduled. There was absolutely no mention of
the site constituting a public nuisance.

1 declare under penalty of perjury under the laws of the State of

California that the foregoing is true and correct to the best of my
knowledge.

Executed on April 23, 2019 at Santa Cruz, CA

Alicia Kuhl
Case 5:19-cv-01898-EJD Document 13-2 Filed 04/23/19 Page 2 of 4
Case 5:19-cv-01898-EJD Document 13-2 Filed 04/23/19 Page 3 of 4
Case 5:19-cv-01898-EJD Document 13-2 Filed 04/23/19 Page 4 of 4
Case 5:19-cv-01898-EJD Document 13-3 Filed 04/23/19 Page 1 of 16

hn

// / i
Case 5:19-cv-01898-EJD Document 13-3 Filed 04/23/19 Page 2 of 16
Case 5:19-cv-01898-EJD Document 13-3 Filed 04/23/19 Page 3 of 16
Case 5:19-cv-01898-EJD Document 13-3 Filed 04/23/19 Page 4 of 16
Case 5:19-cv-01898-EJD Document 13-3 Filed 04/23/19 Page 5 of 16
Case 5:19-cv-01898-EJD Document 13-3 Filed 04/23/19 Page 6 of 16
Case 5:19-cv-01898-EJD Document 13-3 Filed 04/23/19 Page 7 of 16
Case 5:19-cv-01898-EJD Document 13-3 Filed 04/23/19 Page 8 of 16
Case 5:19-cv-01898-EJD Document 13-3 Filed 04/23/19 Page 9 of 16
Case 5:19-cv-01898-EJD Document 13-3 Filed 04/23/19 Page 10 of 16
Case 5:19-cv-01898-EJD Document 13-3 Filed 04/23/19 Page 11 of 16
Case 5:19-cv-01898-EJD Document 13-3 Filed 04/23/19 Page 12 of 16
Case 5:19-cv-01898-EJD Document 13-3 Filed 04/23/19 Page 13 of 16
Case 5:19-cv-01898-EJD Document 13-3 Filed 04/23/19 Page 14 of 16
Case 5:19-cv-01898-EJD Document 13-3 Filed 04/23/19 Page 15 of 16
Case 5:19-cv-01898-EJD Document 13-3 Filed 04/23/19 Page 16 of 16
 Case 5:19-cv-01898-EJD Document 13-4 Filed 04/23/19 Page 1 of 22

DECLARATION OF KEITH McHENRY

April, 22,2019

The City of Santa Cruz and Santa Cruz County are using the pretext of the cleaning of Gateway Camp to
close the camp permanently while failing to provide the required shelter for those living outside in Santa
Cruz.

While those at the camp are busy hauling their belongings to a new temporary camp, the City Council
will be voting to close the Gateway Camp.The very people impacted by the Tuesday, April 23rd vote to
close the camp will not be able to participate in the discussion because City officials will be forcing them
out of the area.

The City Council Item 13 makes the claim that reopening a temporary camp holding 60 tents on River
Street and that ariother few dozen beds at the Homeless Service Center and the already full Salvation
Army nighttime oLiy shelter spaces will be sufficient to shelter the displaced Ross Camp residents.
item 13 says "Motion to:(1)direct the City Manager to implement the City Council-approved Standard
Operating Procedures for a permanent closure of the Gateway Encampment with a target closure date
of April 30,2019 and coinciding with the opening of the 1220 River Street Camp;and,(2)convert any
temporary relocation of the Gateway Encampment under the existing Council-directed Site
Management Plan to this permanent closure and alternate shelter sites."

I believe it is unlikely that the city will allow those living at Gateway Camp to return. Less than half of
those who now lii/e there now will find space at the proposed 1220 River Street camp and other
shelters, now nearly full. At least 100 people at the Gateway Camp will be forced to find shelter in
already crowded jdoorways and hiding locations in the parks and peoples yards.
I overheard a wohnan eating at Food Not Bombs last Sunday tell her friend about how someone had
kicked her in the head yelling that dirty homeless like her should get out of town. According to her, she
was quietly seeking shelter In a doorway.

A homeless couple I have known for years,Sharon and Eric told me during Easter dinner that Gateway
Camp had been surrounded by police and rangers at one point during the weekend.

Member of the Phi Alpha Delta Law Fraternity at the University of California, Santa Cruz and other
volunteers have collected at least 15 signed declarations from people who attempted to seek shelter.
They declarations state they were unable get shelter either because there was no space,the
shelters were not able to be accessed or they did not qualify.
15 depositions reflect my direct experience of having attempted to place people in a shelter. So far I
have yet to placJ anyone in a shelter during the past three years. In some cases people do report that it
takes months to even be considered for shelter.

I declare under penalty of perjury under the laws of the State of California and United States of America
that the foregoing is true and correct.

Keith McHenry
575-770-3377
Case 5:19-cv-01898-EJD Document 13-4 Filed 04/23/19 Page 17 of 22
Case 5:19-cv-01898-EJD Document 13-4 Filed 04/23/19 Page 18 of 22
Case 5:19-cv-01898-EJD Document 13-4 Filed 04/23/19 Page 19 of 22
Case 5:19-cv-01898-EJD Document 13-4 Filed 04/23/19 Page 20 of 22
Case 5:19-cv-01898-EJD Document 13-4 Filed 04/23/19 Page 21 of 22
Case 5:19-cv-01898-EJD Document 13-4 Filed 04/23/19 Page 22 of 22
 Case 5:19-cv-01898-EJD Document 13-5 Filed 04/23/19 Page 1 of 2

UNITED STATES COURT

NORTHERN DISTRICT OF CALIFORNIA

DESIEIRE QUINTERO, SANTOS Case No: CV 19 1898

IMENDEZ, MICHAEL SWEATT, SONNY
LOPEZ, RAFAEL SALDANA, CRYSTAL [Proposed] Order
OLSSON, VANESSA MONTOYA, JUAN Granting Plaintiffs'Application
MACEDO, MARK HEMERBACH, SHANNON for Temporary Restraining order
VUDMUSK^ and ALL OTHERS
SIMILARLY SITUATED RESIDENTS OF
THE ROSS HOMELESS ENCAMPMENT
LOCATED BEHIND ROSS AT THE
GATEWAY PLAZA IN SANTA CRUZ,
CALIFORNIA; ROSS CAMP COUNCIL
OF THE SANTA CRUZ HOMELESS
UNION, CALIFORNIA HOMELESS
UNION; ETOD NOT BOMBS, HOMELESS
UNITED FOR FRIENDSHIP AND
FREEDOM ("H.U.F.F.")

Plaintiffs in Pro Per

vs

CITY OF SANTA CRUZ, SANTA CRUZ

CITY COUNCIL, SANTA CRUZ CITY
MANAGER MARTIN BERNAL, SANTA
CRUZ MANAGEMENT ANALYST SUSIE
O'HARA, SANTA CRUZ CITY MANAGER
TINA SHULL, SANTA CRUZ CHIEF OF
POLICE ANDREW MILLS, THE
CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS)and
DOES 1 -100,

Defendants

UiteVDUCTlOtJ OF' DOCUMCIVJTS

Case 5:19-cv-01898-EJD Document 13-5 Filed 04/23/19 Page 2 of 2