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CORRESPONDANCE - 85B
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CORRESPONDANCE - 85B
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5/18/2020 2:48:56 PM
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City Clerk
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1/21/2020
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8:18-cv-00155-DOC-JDE Document 340 Filed 09/23/19 Page 12 of 20 Page ID <br />#:3761 <br />4A. Absent exigent eircutnstances, .the City shall.noi cite or arrest <br />2 any homeless individual for violation of the law based on an alleged obstruction of <br />3 public property unless that individual, either individually or .in conjunction with his <br />4 or her property, actually obstructs free passage of any person or vehicle on: any. <br />5 public highway, alley, sidewalk, or crosswalk and. declines.to -move the object(s) <br />5 creating obstruction from the public right of way after being requested to do. so, or <br />7 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 />.9 cease the obstruction after being requested to do :so. <br />to 4,5 Nothing in this Agreement shall impact the authority of the City <br />1.1 to enforce any laW not based on an individual's uWheltered status against; a person <br />12 believed to: be homeless, including issuing and arresting. the person for an alleged <br />13 violation of law. <br />14 5. Dispute -Resolution Process <br />15 The Court shall retain jurisdiction over the OC Catholic Worker Action for a <br />16 period of three. years from the Effective Date: for the purposes of (a) overseeing. the <br />17 implementation of this Agreement, and (b) implementing and presiding over the a <br />18 dispute -resolution process (tbe ".Disputc-.Resolution Process") to be established by <br />19 the Court.and to which .Plaintiffs and the City hereby consent and agree: <br />20 5.1 Except as expressly identified in this Agreement, or as may be <br />21 modified by the Court or the Parties,, with the Court's .consent,. during the three-year <br />22. <br />period.of the Court's continued jurlsdicticn,.this Dispute Resolution Process shall <br />:23 <br />apply to adjudicate any and all disputes between, on the one hand, the.City, and, on <br />24 <br />the other hand, any homeless individual or individuals Wlio potisem, at the time of <br />25 <br />requesting the Dispute Resolution .Process,. to be. bound .by the Dispute -Resolution <br />26. <br />27 <br />Process. and the provisions:of this Agreement applicable to the OCCW Plaintiffs <br />2.� (Including but not limited to the 'individual OCCW plaintiffs), relating to (a) the <br />implementation of this Agreement, and/or (b) the. enforcement of the above- <br />9 <br />
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