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Venice Neighborhood Council Agenda: 4-9-12

Update to post from the VNC (and title of post changed): “This motion comes from Occupy Venice, not the VNC. They made the agenda request. Ad Com will determine whether or not to place it on the agenda.” Yo! Venice! notes: The VNC should use periods, semicolons or conjunctions in sentences to make it clear who is making a motion.

The Venice Neighborhood Council Administrative Committee will be meeting on April 9th. Click here to read the full meeting agenda.

VNC 500

Highlights of the meeting include:

1. A motion to support the Pacific Resident Theater to create an installation at or near the intersection of Venice Blvd. and Lincoln Blvd., tentatively entitled “Gateway to the Arts”.
2. Announcements from PATH.
3. Announcements from the LAPD.
4. Presentations on the Great Observation Wheel.
5. Land Use and Planning Committee projects.
6. Venice Canals maintenance and repair – request City to repair walk bridges.

and last but not least:

7. Resolution to Support Jones Settlement (Quoted below).

MOTION: In the spirit of community and compassion for the plight of homeless people, the Venice Neighborhood Council rejects the recent interpretation offered by the City Attorney and the LAPD that purports to limit the scope of the Jones Settlement agreement to Skid Row. The Venice Neighborhood Council supports the plain meaning and intent of the Jones Settlement that permits homeless people to sleep on public sidewalks throughout the City of Los Angeles, including Venice. We ask that the LA City Attorney and the LAPD comply with the terms of the Jones settlement as it is written and refrain from ticketing or arresting people for violation of LAMC Section 41.18 so long as the settlement remains in effect.

[EXHIBIT D]: Jones Settlement

It is hereby agreed among Appellants and Appellees (collectively, “the Settling Parties”) in Jones v. City of Los Angeles, Case Number 04-55324 in the United States Court of Appeals for the Ninth Circuit:

1. The Los Angeles Police Department will issue a policy directive stating that it will not enforce Los Angeles Municipal Code (“LAMC”) section 41.18(d) between the hours of 9:00 p.m. and 6:00 a.m., except as set forth in Paragraphs 2 and 3 below. The Los Angeles Police Department will keep this policy in effect and operate according to this policy until an additional 1250 units of permanent supportive housing are constructed within the City of Los Angeles, at least 50 per cent of which are located in Skid Row and/or greater downtown Los Angeles. These units shall be constructed as housing for current or formerly chronically homeless persons and shall not include housing units already existing as low income housing units and/or occupied as low income housing within the past 6 months.

2.    LAMC section 41.18(d) will be enforceable at all times at locations within ten (10) feet of any operational and utilizable entrance, exit, driveway or loading dock.

3. Measurement of Distance

a)    Entrance/Exit to Building: 10 feet measured perpendicularly from the outer edges of the opening, along the exterior wall of the building, and from those points the area encompassed by the measurement shall extend to the curb line.
b)    Entrance/Exit to Parking Lot: 10 feet measured perpendicularly from the outer edges of the driveway, and from those points the area encompassed by the measurement shall extend to the curb line.
c)    Loading Dock: 10 feet measured perpendicularly from the outer edges of the opening, whether raised or not, and from those points the area encompassed by the measurement shall extend to the curb line.

4. unless a peace officer for the City of Los Angeles has first given the person a verbal warning regarding such section and reasonable time to move and the person has not complied with that warning.

5.    The Settling Parties agree that this Settlement Agreement is limited to LAMC section 41.18(d) as presently codified and will not apply to any ordinance enacted by Appellee City of Los Angeles in the future, nor will this Settlement Agreement serve to limit Appellee City’s right to repeal or amend said section.
No person shall be cited or arrested for a violation of LAMC section 41.18(d)
Page 12 of 21

6. Upon the Settling Parties’ execution of this Settlement Agreement, the Settling Parties shall file a joint motion in the Ninth Circuit pursuant to Federal Rules of Appellate Procedure, Rule 42(b) seeking to:

1.    vacate the Ninth Circuit opinion (Jones v. City of Los Angeles, 444 F.3d 1118 (9th Cir. 2006)) as moot; and
2.    remand to the District Court for further proceedings in accordance Paragraph 7 of this Settlement Agreement.
If the Ninth Circuit does not grant the joint motion in its entirety, this Settlement Agreement is rendered void in its entirety.
7.    Upon remand from the Ninth Circuit pursuant to Paragraph 6 of this Settlement Agreement, Plaintiffs-Appellants will dismiss the action with prejudice against all defendants.
8. The Settling Parties reserve all rights regarding recovery of attorneys’ fees.

_____________________________ Carol A. Sobel, Esq. For Plaintiffs-Appellants
______________________________ Mark Rosenbaum, Esq. For Plaintiffs-Appellants
______________________________ Richard H. Llewellyn, Jr., Esq. For Defendants-Appellees

VNC Administrative Committee Meeting
Start: 04/09/2012 – 7:00pm
End: 04/09/2012 – 9:30pm
Extra Space Storage, Presidents Row Room
658 South Venice Blvd, Venice, 90291

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