Gregory Response Exhibits Deschamps V City of Sausalito Et Al Candce-22-00928 0011.1

Case 3:22-cv-00928-VC Document 11-1 Filed 02/18/22 Page 1 of 18
1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

A Limited Liability Partnership
2 Including Professional Corporations
ARTHUR J. FRIEDMAN, Cal. Bar No. 160867
3 ALEXANDER L. MERRITT, Cal. Bar No. 277864
KATHRYN C. KAFKA, Cal. Bar No. 336302
4 Four Embarcadero Center, 17th Floor
San Francisco, California 94111-4109
5 Telephone: 415.434.9100
Facsimile: 415.434.3947
6 E mail: afriedman@sheppardmullin.com
amerritt@sheppardmullin.com
7 kkafka@sheppardmullin.com
8 MARY WAGNER, Cal. Bar No. 167214

CITY ATTORNEY FOR CITY OF SAUSALITO
9 Sausalito City Hall
420 Litho Street
10 Sausalito, CA 94965
E-mail: mwagner@bwslaw.com
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Attorneys for Defendants
12 CITY OF SAUSALITO, STACIE GREGORY
13
UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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16 PHILIP DESCHAMPS, CASE NO. 3:22-cv-00928-VC
17 Plaintiff, INDEX OF EXHIBITS IN SUPPORT OF
DEFENDANTS’ OPPOSITION TO
18 PLAINTIFF’S EX PARTE APPLICATION
v. FOR A TEMPORARY RESTRAINING
19 ORDER
CITY OF SAUSALITO; POLICE
20 LIEUTENANT STACIE GREGORY,
individually and in their respective official Action Filed: February 15, 2022
21 Trial Date: T.B.D.
capacities,
22 Defendants. Judge: Hon. Judge Edward M. Chen
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SMRH:4873-9703-9631.4
-1- Case No. 3:22-cv-00928-
VC INDEX OF EXHIBITS
1 Defendants hereby submit the following Index of Exhibits in support of Defendants’
2 Opposition to Plaintiff’s Ex Parte Application for a Temporary Restraining Order.

3
4 Exhibit Description
5 Declaration of Stacie Gregory (Police Lieutenant)

6 A Copy of the Notice of Removal posted on February 7, 2022
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B The Code of Conduct for the Marinship Park encampment, as adopted by the City
8 Manager on December 9, 2021
9 C Photographs taken of the unpermitted structure located on Plaintiff’s platform area

10 D Photographs taken on February 17, 2022 of Plaintiff’s tent and platform area
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12 Dated: February 18, 2022
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SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
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15 By /s/ Kathryn C. Kafka
16 ARTHUR J. FRIEDMAN
ALEXANDER L. MERRITT
17 KATHRYN C. KAFKA
18 Attorneys for Defendants
19 CITY OF SAUSALITO, STACIE GREGORY
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SMRH:4873-9703-9631.4
-2- Case No. 3:22-cv-00928-
VC INDEX OF EXHIBITS
EXHIBIT A
NOTICE TO VACATE
UNAUTHORIZED ENCAMPMENT
DATE and TIME OF POSTING: 7th day, February 2022, at 7:30 a.m.
LOCATION: Encampment located at the formerly designated grass
area of Marinship Park and the adjacent parking area (Testa and
Marinship Way)
IN ACCORDANCE WITH THE ORDER ISSUED BY FEDERAL DISTRICT
COURT JUDGE CHEN ON DECEMBER 13, 2021 AND PURSUANT TO ITS
AUTHORITY UNDER SAUSALITO MUNICIPAL CODE SECTION 13.28.010,
THE CITY HAS MANDATED THE CLOSURE OF ALL CITY-OWNED AND
CITY-CONTROLLED PROPERTY TO OVERNIGHT CAMPING, EXCEPT THE
DESIGNATED AND SIGNPOSTED AREA WITHIN MARINSHIP PARK
TENNIS COURTS (AT TESTA STREET AND MARINSHIP WAY) AS
A TRANSITIONAL OVERNIGHT CAMPING LOCATION FOR INDIVIDUALS
WHO HAVE NO OPTION OF SLEEPING INDOORS.
THE PUBLIC WORKS DEPARTMENT WILL CLEAR AND CLOSE THIS SITE
AT APPROXIMATELY 7:30 A.M. ON FEBRUARY 10, 2022.
Property left at the time of cleanup will be removed from the site and stored by
the City and can be retrieved by contacting 415-289-4170. Property that is
unsafe or hazardous will be immediately discarded.
IF YOU HAVE ANY QUESTIONS OR CONCERNS PLEASE CONTACT

LIEUTENANT STACIE GREGORY AT 415-289-4170
SR #4871-9895-0921 v1
2/18/22 10:39 AM
EXHIBIT B
MEMORANDUM
Office of the City Manager
Date: December 9, 2021

From: Chris Zapata, City Manager
To: All Affected City Departments
Re: Designation of Marinship Park Tennis Courts (Testa and Marinship
Way) for Transitional Overnight Sleeping by Persons Who Have No
Option to Sleep Indoors
This memorandum supplements the actions that I took on June 24, 2021, and
November 18, 2021 pursuant to Section 3 of Resolution No. 6009 adopted by the
City Council on February 9, 2021, and designates the Marinship Park Tennis
Courts (at Testa Street and Marinship Way) depicted in the photo below and
circled in blue as the only City-owned and City-controlled public property in the
City of Sausalito that is available for transitional overnight sleeping by persons
who have no option to sleep indoors. This action is in accordance with the ruling
by Judge Chen on this same date. In addition, pursuant to Resolution No. 6009 I
hereby adopt the attached Code of Conduct (Exhibit A) to promote and protect
the dignity, health and safety of occupants of the encampment and the entire
Sausalito community. The Code of Conduct shall apply to all those occupying
the designated encampment area.
1 EXHIBIT A
2 CODE OF CONDUCT
3 The purpose and intent of this Code of Conduct is to promote and protect the
4 dignity, health and safety of occupants and visitors to the encampment and the entire
5 Sausalito community.
6 1. COVID protocols must be followed:
7 a. Outside of tents, masks must be worn;
8 b. Residents are strictly prohibited from urinating or defecating in the
9 Temporary Camp;
10 c. Social visits with non-residents will not be permitted within the
11 Temporary Camp. All social visits between residents and non-residents must occur
12 outside the boundaries of the Temporary Camp.
13 2. All residents must adhere to the following rules and regulations, including:
14 a. No use of alcohol pursuant to Sausalito Municipal Code § 13.24.010.
15 b. No use of drugs or drug paraphernalia.
16 c. No smoking, pursuant to Sausalito Municipal Code § 12.28.040.
17 d. No open fires, pursuant to Sausalito Municipal Code Chapter 12.04.
18 e. No littering (all refuse must be put in provided receptacles, and
19 portable toilets cannot be used as trash cans).
20 f. No weapons, fireworks, or incendiary devices.
21 g. Residents must respect park quiet hours from 10 p.m. to 6 a.m.
22 h. Pathways within the Temporary Camp must be clear at all times.
23 3. The following behaviors are not allowed:
24 a. Violence or threats of violence.
25 b. Aggressive behavior, including the racial slurs, inappropriate sexual
26 comments, the offensive/aggressive use of profanity, or the use of any profanity around
27 children.
28 c. Stealing.
-1-
SMRH:4872-5349-9906.3
1 d. Vandalism, misuse, or destruction of property (including fencing,

2 electrical boxes, etc.).
3 e. Damaging the trees or any park plantings/landscaping.
4 f. Jeopardizing the safety of any other camp residents or staff members
5 g. Disorderly conduct on park property.
6 h. Placing objects on or against, defacing or damaging the fence
7 surrounding the tennis courts or other parts of the Temporary Camp.
8 i. Engaging in any conduct that constitutes a nuisance pursuant to
9 Sausalito Municipal Code § 12.20.010.
10 4. Generally, residents’ possessions must remain inside their assigned campsite,
11 including:
12 a. No belongings are allowed in pathways or common spaces;
13 b. Encampments are at all times to be maintained in a reasonably tidy
14 fashion, and the accumulation of needles, trash, debris, animal/human waste is strictly
15 prohibited; and
16 c. No construction or assemblage of any permanent structures that would
17 require a permit or which are unauthorized to construct or assemble on city property or
18 which constitute a public nuisance or pose a threat to public health or safety.
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SMRH:4872-5349-9906.3
EXHIBIT C
EXHIBIT D
1 PROOF OF SERVICE
2 Philip Deschamps v. City Of Sausalito et al.

CASE NO. 3:22-cv-00928-VC
3
STATE OF CALIFORNIA, COUNTY OF ORANGE
4
At the time of service, I was over 18 years of age and not a party to this action. I
5 am employed in the County of San Francisco, State of California. My business address is 650
Town Center Drive, Tenth Floor, Costa Mesa, CA 92626.
6
On February 18, 2022, I served true copies of the following document(s) described as:
7 INDEX OF EXHIBITS IN SUPPORT OF DEFENDANTS’ OPPOSITION TO
PLAINTIFF’S EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING
8 ORDER on the interested parties in this action as follows:
9
Anthony David Prince Attorney for Plaintiff:
10 Law Offices of Anthony D.
Prince California Homeless Union/Sausalito Chapter
11 2425 Prince Street, #100
Berkeley, CA 94705
12 510-845-5475
princelawoffices@yahoo.com
13 Assigned: 02/16/2021
14
15 BY CM/ECF NOTICE OF ELECTRONIC FILING: I electronically filed the

document(s) with the Clerk of the Court by using the CM/ECF system. Participants in the case
16 who are registered CM/ECF users will be served by the CM/ECF system. Participants in the case
who are not registered CM/ECF users will be served by mail or by other means permitted by the
17 court rules.
18 I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct and that I am employed in the office of a member of the bar of this
19 Court at whose direction the service was made.
20 Executed on February 18, 2022, at Costa Mesa, California.

21
22 /s/ Linda Samson

LINDA SAMSON
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SMRH:4843-9237-6549.1 PROOF OF SERVICE

Gregory Response Exhibits Deschamps V City of Sausalito Et Al Candce-22-00928 0011.1

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Case 3:22-cv-00928-VC Document 11-1 Filed 02/18/22 Page 1 of 18

1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

8 MARY WAGNER, Cal. Bar No. 167214

1 Defendants hereby submit the following Index of Exhibits in support of Defendants’

2 Opposition to Plaintiff’s Ex Parte Application for a Temporary Restraining Order.

5 Declaration of Stacie Gregory (Police Lieutenant)

9 C Photographs taken of the unpermitted structure located on Plaintiff’s platform area

IF YOU HAVE ANY QUESTIONS OR CONCERNS PLEASE CONTACT

Date: December 9, 2021

1 d. Vandalism, misuse, or destruction of property (including fencing,

2 Philip Deschamps v. City Of Sausalito et al.

15 BY CM/ECF NOTICE OF ELECTRONIC FILING: I electronically filed the

20 Executed on February 18, 2022, at Costa Mesa, California.

22 /s/ Linda Samson

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