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HomeMy WebLinkAbout2000-226 \, RESOLUTION NO. 2000-226 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE FINDINGS OF FACT ON THE APPEAL HEARING OF EZZAT SOLIMAN/SHOWCASE THEATER CHALLENGING THE DENIAL OF REQUEST FOR PARKING FOR JUNE 2000, BY ANNIE RAMOS, PARKS, RECREATION AND COMMUNITY SERVICES DIRECTOR AND DIRECTING THE CITY CLERK TO GIVE NOTICE THEREOF. 1 2 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO, AS FOLLOWS: 4 SECTION 1: The Findings of Fact on the Appeal Hearing of Mr. Ezzat Soliman/Showcase Theater challenging the denial of request for parking for June 2000, by Annie Ramos, Parks, 6 Recreation and Community Services Director (a true and correct copy is attached hereto as Exhibit 7 "A" and by this reference is incorporated in its entirety herein) are hereby adopted. 8 5 SECTION 2: The City Clerk is hereby directed to immediately send upon execution a copy of this resolution and the attached Findings of Fact to appellant Ezzat Soliman/Showcase Theater and 10 to the appellant's attorney of record, Mr. Roger Jon Diamond. 11 9 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /11 /11 II/ 11/ 11/ II/ 11/ 11/ 11/ 11/ 11/ 11/ II/ II/ 11/ /11 11/ HTC[EZZA T2] 1 ". 2000-226 RESOLUTION OF THE CTIY OF SAN BERNARDINO ADOPTING THE FINDINGS OF FACT ON THE APPEAL HEARING OF EZZAT SOLIMAN/SHOWCASE THEATER CHALLENGING THE DENIAL OF REQUEST FOR PARKING FOR JUNE 2000, BY ANNIE RAMOS, PARKS, RECREATION AND COMMUNITY SERVICES DIRECTOR AND DIRECTING THE CITY CLERK TO GIVE NQTICE THEREOF. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a Joint Regular meeting thereof, 2 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 held on the 24 th day of July COUNCIL MEMBERS: AYES ESTRADA X LIEN X - MCGINNIS X - SCHNETZ X - SUAREZ X - ANDERSON X - MCCAMMACK X , 2000, by the following vote, to wit: NAYS ABSTAIN ABSENT ~h,~. ITY CLERK The foregoing Resolution is hereby approved this -2& ,~ day of July ,2000. 17 18 19 Approved as to form and 20 legal content: 21 22 23 By: 24 25 26 27 28 HTC[EZZAT2] 2 2000-226 FINDINGS OF FACT ON APPEAL HEARING OF EZZAT SOLIMAN/SHOWCASE THEATER 2 CHALLENGING THE DENIAL OF REQUEST FOR PARKING FOR JUNE 2000, BY ANNIE RAMOS, 3 PARKS, RECREA nON AND COMMUNITY SERVICES DIRECTOR 4 The above-indicated matter concerning the appeal hearing of Mr. Ezzat Soliman/Showcase 5 Theater (hereinafter collective referred to as appellant) challenging the denial of request for parking 6 for June 2000, by Annie Ramos, Parks, Recreation and Community Services Director, came on for 7 hearing on June 19, 2000 before the Mayor and Common Council of the City of San Bernardino in 8 the City Hall Council Chambers at 300 North "0" Street, San Bernardino, California 92418. 9 Appellant was represented by attorney of record Roger Jon Diamond. The validity of 10 denying the request for parking for June 2000 by Director Annie Ramos was defended by the City 11 Attorney's office, to wit: City Attorney James F. Penman and Deputy City Attorney Jolena Bames. 12 The Mayor and Common Council heard the testimony of all witnesses presented, the arguments of 13 counsel for both sides, and received into evidence Mr. Diamond's remarks concerning the first 14 reading of an ordinance on the agenda which would implement by legislative Executive Order 2000- 15 2, as well as the Request for Council Action, Staff Report, Executive Order 2000-1, Executive Order 16 2000-2, letter dated June 1, 2000 from Roger Jon Diamond to Robert L. Simmons, Sr. Assistant City 17 Attorney, letter dated June 2, 2000 from Roger Jon Diamond to Robert L. Simmons, Sr. Assistant 18 City Attorney, letter dated June I, 2000 from Annie Ramos, Director of Parks, Recreation and 19 Community Services Department to Mr. Ezzat Soliman denying his application request to use the 20 City of San Bernardino Stadium parking lot on various dates in June, 2000, with attachments, letter 21 dated June 2, 2000 from Roger Jon Diamond to Ms. Annie Ramos, Director, letter dated June 9, 22 2000 from Rachel Clark, City Clerk, to Roger Jon Diamond, and copy of ordinance amending 23 Chapter 2.64 of the San Bernardino Municipal Code. 24 The appeal hearing was continued to July 10, 2000 so that the Common Council could read 25 the entire deposition of Mayor Judith Valles (which was introduced in its entirety as evidence) which 26 had been taken by Mr. Diamond in a related federal court lawsuit. On July 10,2000, Mr. Diamond 27 was once again present with appellant and presented further arguments in support of his appellant's 28 position. The City Attorney's office again defended the denial ofrequest for parking for June 2000, Exhibit "A" 2000-226 by Director Annie Ramos. After due consideration of arguments, testimony, and all evidence 2 presented as part of the record by both sides at these two appeal hearings, it is the 5-1 vote of the 3 Common Council in favor of the following Findings of Fact: 4 5 6 FINDINGS OF FACT 1. The Mayor has the power and authority to issue Executive Orders pursuant to the 7 Charter of the City of San Bernardino; 8 2. Any Executive Order of the Mayor may be overridden, amended, revised or 9 withdrawn by two-thirds (2/3) vote of the Common Council; 10 , ~. Executive Order 2000-2 is applied equally to all concerned and limits San Bernardino II Baseball Stadium parking to events being held on the Baseball Stadium premises; 12 4, Appellant has not demonstrated that he is being irreparably harmed by the existence 13 and enforcement of Executive Order 2000-2; 14 5. Appellant has not demonstrated that being unable to use the parking facilities at the 15 Baseball Stadium has resulted in a lack of parking for patrons, thus directly adversely affecting 16 appellant's business operations; 17 6. Appellant has not demonstrated that being unable to use the parking facilities at the 18 Baseball Stadium has resulted in any directly-demonstrated tinancialloss; 19 7. Appellant has not demonstrated that the City of San Bernardino is required to provide 20 available parking for his business; 21 8. The sole reason for Director Ramos' denial of appellant's request for parking for June 22 2000, as stated in her letter to Mr. Ezzat Soliman dated June I, 2000, was Executive Order 2000-2; 23 therefore 24 9. The appeal of Ezzat Soliman/Showcase Theater challenging the denial of request for 25 parking for June 2000, by Annie Ramos, Parks, Recreation and Community Services Director, is 26 hereby DENIED, 27 28 DATED: July 24, 2000 2 Exhibit "A" 2000-226 NOTICE OF RIGHT TO APPEAL PLEASE TAKE NOTICE that the time within which judicial review of the decision in this matter must be sought is governed by the provisions of Section 1094.6 of the California Code of Civil Procedure, which provides, in part, as follows: "(a) Judicial review of any decision of a local agency, other than school district, as the term local agency is defined in Section 54951 of the Government Code, or of any commission, board, officer or agent thereof, may be had pursuant to Section 1094,5 of this Code only if the petition for Writ of Mandate pursuant to such Section is filed within the time limits specified in this Section. "(b) Any such petition shall be filed not later than the 90th day following the date on which the decision becomes final , . . "(c) The complete record of the proceedings shall be prepared by the local agency or its commission, board, officer or agent which made the decision and shall be delivered to the petitioner with 90 days after he has filed a written request therefore, The local agency may recover from the petitioner its actual costs for transcribing or otherwise preparing the record. Such record shall include the transcript of the proceedings. all pleadings, all notices and orders, any proposed decision by a hearing officer the final decision, all admitted exhibits. all rejected exhibits in the possession of the local agency or its commission. board. officer or agent, all written evidence, and any other papers in the case. "( d) If the petitioner tiles a request for the record as specified in subdivision (c) within 10 days after the date of the decision becomes final as provided in subdivision (b), the time within which a petition pursuant to Section 1094.5 may be filed shall be extended to not later than the 30th day following the date on which the record is either personally delivered or mailed to the petitioner or his attorney of record. if he has one." 3 Exhibit"A" ~ 2000-226 -. 1 ~LEASE ALSO TAKE NOTICE that Section 1.26.030 of the San Bernardino Municipal 2 ~ provides as follows: 3 "1.26.030 Preparation and Payment for Record and Report~r's 4 Transcript. 5 "Upon the filing of a written request for the record of the 6 proceedings or any portion thereof, an amount estimated to cover the 7 actual cost of preparing the record shall be deposited in advance with the 8 City official preparing the record. The record prepared by the City 9 official shall include the transcript of the proceedings, other than a 10 reporter's transcript; all pleadings, notices, orders, final decision, 11 exhibits admitted or rejected, all written evidence, and any other papers 12 in the case. When a hearing has been reported by a court reporter and 13 the petitioner desires a reporter's transcript, the petitioner shall arrange 14 directly with the court reporter for the transcript, pay the reporter 15 directly, and lodge the transcript with the court, serving notice of the 16 lodging to the City Attorney." 17 18 19 20 21 22 23 24 25 26 27 28 4 Exhibit"A"