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25H - AGMT - CATHOLIC WORKER
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10/01/2019
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25H - AGMT - CATHOLIC WORKER
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Last modified
9/26/2019 7:50:45 PM
Creation date
9/27/2019 4:09:24 PM
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City Clerk
Doc Type
Agenda Packet
Agency
City Manager's Office
Item #
25H
Date
10/1/2019
Destruction Year
2024
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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />4.4. Absent exigent circumstances, the City shall not cite or arrest <br />any homeless individual for violation of the law based on an alleged obstruction of <br />public property unless that individual, either individually or in conjunction with his <br />or her property, actually obstructs free passage of any person or vehicle on any <br />public highway, alley, sidewalk, or crosswalk and declines to move the object(s) <br />creating obstruction from the public right of way after being requested to do so, or <br />actually obstructs with access to a public highway, alley, sidewalk, or crosswalk <br />for sanitation, cleaning, or routine maintenance or repair purposes and declines to <br />cease the obstruction after being requested to do so. <br />4.5 Nothing in this Agreement shall impact the authority of the City <br />to enforce any law not based on an individual's unsheltered status against a person <br />believed to be homeless, including issuing and arresting the person for an alleged <br />violation of law. <br />5m Dispute -Resolution Process <br />The Court shall retain jurisdiction over the OC Catholic Worker Action for a <br />period of three years from the Effective Date for the purposes of (a) overseeing the <br />implementation of this Agreement, and (b) implementing and presiding over the a <br />dispute -resolution process (the "Dispute -Resolution Process") to be established by <br />the Court and to which Plaintiffs and the City hereby consent and agree: <br />5.1 Except as expressly identified in this Agreement, or as may be <br />modified by the Court or the Parties, with the Court's consent, during the three-year <br />period of the Court's continued jurisdiction, this Dispute -Resolution Process shall <br />apply to adjudicate any and all disputes between, on the one hand, the City, and, on <br />the other hand, any homeless individual or individuals who consent, at the time of <br />requesting the Dispute -Resolution Process, to be bound by the Dispute -Resolution <br />Process and the provisions of this Agreement applicable to the OCCW Plaintiffs <br />(including but not limited to the individual OCC W plaintiffs), relating to (a) the <br />implementation of this Agreement, and/or (b) the enforcement of the above- <br />M <br />25H-12 <br />
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