Zuma Dogg Serves Trutanich/Rosendahl/City Hall 30 Day NOTICE of Lawsuit to be Filed (over 12mid Curfew on Venice Boardwalk/Ocean Front Walk)

[PICTURED: Venice residents Michael Linder (l) and Zuma Dogg (r) mailing 30 Day Notice to L.A. City Hall over Venice curfew. (Sorry, Trutanich, LAX post office OPEN on Sunday!)]


As required by law (30 day notice to defendants of lawsuit to be filed by plaintiffs), Zuma Dogg went to LAX post office, today, because they are open on Sunday, to send via certified mail, 30 day notice of the lawsuit to be filed in Federal court, over Villaraiogsa/Trutanich/Rosendahl’s NEW 12 midnight curfew on Venice’s Ocean Front Walk (Venice Boardwalk). Here is an excerpt:


[PHOTO: Exhibit “A”]

February 5, 2012
Mayor Antonio Villaraigosa
Los Angeles City Hall
200 N. Spring Street
Los Angeles, CA 90012
City Attorney Carmen Trutanich
Los Angeles City Hall
200 N. Spring Street
Los Angeles, CA 90012
Los Angeles City Councilman Bill Rosendahl
Los Angeles City Hall
200 N. Spring Street Los Angeles, CA 90012
Mr. Mark Mariscal
Manager, Department of Recreation and Parks
City of Los Angeles
1670 Palos Verdes Dr. N.
Harbor City, CA 90710
Re: OCEAN FRONT WALK CURFEW LAMC 63.44.B.14(b)
Dear Mayor Villaraigosa et alosers:
The City of Los Angeles recently posted signs along Ocean Front Walk (a public street known as the Venice Beach Boardwalk), imposing a curfew between the hours of 12:00 a.m. and 5:00 a.m. along the Los Angeles City portion of said street, including the adjacent bike path, from the city limits of Santa Monica to the border of Marina del Rey. 
LAMC 63.44.B.14(b) became law effective with the posting of the signage, despite the fact that dozens of homes and apartment buildings front the Venice Boardwalk in the 2.2-miles impacted by the curfew. As of now, residents living along Ocean Front Walk are breaking the law simply by walking out of their front doors during curfew hours to utilize a 105-year-old public thoroughfare.
The decision was made without advance notification to the public. No public hearings were held; the signs were merely posted. At a Venice Neighborhood Council meeting on January 23 2012, a Los Angeles Police Department lieutenant informed residents they could no longer walk, stand, ride bicycles or walk their dogs on Ocean Front Walk during curfew hours.
The ordinance underscores a long-running and unresolved dispute between the City of Los Angeles and the California Coastal Commission, a State agency which has declared that Venice Beach is to remain open 24 hours. The City’s new curfew prohibits people from crossing Ocean Front Walk to access the beach, which the City of Los Angeles has closed as well.
A recent article in the Venice Beachhead newspaper quotes the Commission on the curfew:
The city of Los Angeles has adopted a beach and Ocean Front Walk (OFW) curfew without getting approval from or even consulting with the California Coastal Commission (CCC). “The city does not have any approval from the CCC to implement the ordinance,” said Charles Posner, Coastal Program Analyst with the CCC, when referring to LAMC63.44.B.14(b).
In a phone conversation with the Beachhead he went on to say that under the Coastal Act the city needs a permit for “any sort of curfews or restrictive ordinances that have such a negative impact on coastal access.” According to him, the CCC is negotiating with the city, trying to get them to submit to the permitting process and to work out a solution that “does not keep people from getting to the water.”
The curfew is in clear violation of the Coastal Act of 1976, according to which “the public should have 24-hour access to the beaches.” Ordinance 63.44 itself is not only not approved by the CCC, but considered to “constitute a violation of law exposing the responsible agency to possible enforcement actions” by Andrew Willis, District Enforcement Analyst for the CCC, in an August 26, 2010 letter directed to Mark Mariscal, the Superintendent of the Pacific Region of the Department of Recreation and Parks.
The signs currently posted on OFW, supposed to announce the implementation of ordinance 42.15 regarding vending, start out by mentioning LAMC 63.44.B.14(b), which states that “no person shall enter, remain, stay or loiter in any park which consists of an ocean area, beach, or pier between the hours of 12:00 midnight and 5:00 o’clock a.m. of the following day.”
However, OFW is not a park, but Venice’s busiest street. It is a street according to the U.S. Postal Service, the Venice Specific Plan, and every city map.
—Venice Beachhead, Issue #364, February 1, 2012
[END EXCERPT: Trutanich/Rosendope/Villaragosa…see YOUR full copy, on your desk, Monday.]

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