Beruflich Dokumente
Kultur Dokumente
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21 KELLY ANN ALLEN et al.,
Plaintiffs,
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vs.
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CITY OF POMONA,
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Defendant.
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4 order is necessary to protect Plaintiffs interests while the parties attempt to resolve
5 this case;
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The parties inform the Court and hereby STIPULATE that until May 31,
7 2016:
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9 unless such property poses a serious and immediate risk to human health and safety,
10 is contraband or is evidence of a crime, as defined below. Attended property shall
11 mean property in the presence of the owner or property left by the owner in the
12 custody of another.
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14 property from public areas on public property without adequate notice unless such
15 property poses a serious and immediate risk to human health and safety or is
16 contraband or refuse, in which case prior notice is not required. See Lavan v. City of
17 Los Angeles, 693 F.3d 1022, 1033 (9th Cir. 2012).
a. For purposes of this stipulation, adequate notice shall mean
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except in Lincoln Park and Washington Park where the prior notice
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ii. State that the property tagged will be collected and stored
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retrieved;
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appointment;
vii. State that an owner may identify the property by location and
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contents; and
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b. Prior notice shall not be required for property which poses a serious
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evidence.
i. Property shall not be collected as evidence of a crime to
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iii. Property which is merely dirty and otherwise does not pose a
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c. Due to the increased fire risk in the hills surrounding Ganesha Park
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and Phillips Ranch, and the recent history of fires in these and other
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personal property out of these areas, but Defendant shall give those
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without prior notice and stored for a period not less than 90 days.
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Hills); and
iv. Any area determined to be a high fire risk area by the Los
shall apply.
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the date, time and location of its collection, and shall be stored by
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the City for no less than 90 days. Persons may retrieve such
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the City and turned over to the Pomona Police Department for
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manner:
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1.
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2.
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3.
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4.
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5.
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6.
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7.
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8.
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9.
Center.
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8 dispose of collected personal property unless such property remains unclaimed for a
9 period of 90 days.
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4.
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16 stipulation, in addition to any sanctions and fees rendered by the Court, Defendant
17 agrees to pay a penalty of $250 per individual violation. Said penalty shall not
18 constitute a waiver of any other claims arising from the conduct that violates this
19 stipulation. Such penalty shall be paid by the City to the Volunteers of America to
20 be used for providing local homeless services.
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7.
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By:
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1
PUBLIC COUNSEL
MARK ROSENBAUM
GARY BLASI
CHRISTINA GIORGIO
ALISA HARTZ
AZADEH M. HOSSEINIAN
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By:
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CITY OF POMONA
ARNOLD ALVAREZ-GLASMAN,
City Attorney
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By:
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4846-2548-8432, v. 1
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30200611.1