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LAWYERS
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July 29, 1987
OFCOU\jSEL
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George J 3 C '2te T
~EPLYTO
California
::!LE"JO
City Clerk
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Re: Notice of Appeal
Dear Sir:
Please be advised that this office and the undersigned represent
the San Bernardino Baseball Club, Inc, hereafter the "Spirit".
Please be advised that a representative of the Spirit received
a copy of a letter dated July 24, 1987 from James F. Penman, City
Attorney, a copy of which is attached.
It is my understanding that subsequent to this letter the City
Council passed a resolution relating to the subject matter of
this letter. This letter shall serve as both an Appeal to the
Mayor and Common Council pursuant to Paragraph 15 of the lease
dated January 1, 1987 between the City of San Bernardino and the
Spirit, to the referenced letter notice, as well as a Notice of
Appeal from the action taken by the City Council relating to the
"noise problem" at the baseball playing field.
The specific grounds for appeal are that the Spirit has taken
steps to abate the nuisance by reducing the noise level of the
sound system to a level that will not unreasonably distribute
the quiet enjoyment of the residents of the City on adjacent and
neighboring property.
i'J J..RiZO",JA Harrison & Lerch, Pc."
1001 North Centra! ..4.\ierue, Suite 900, P"cenlx, ,c.,' :::;ra 85'JO.: (602) 257-5800 FAX (602) 254-1913
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Page 2
July 29, 1987
On behalf of the Spirit, the relief or action sought is an
acknowledgement by the City of this action taken and the withdrawal
of the action taken by the City Council which allows a
representative of the City to undertake unilateral action.
Please advise this office as soon as possible of your receipt
of tis appeal in a timely manner as well as a date certain with
sufficient notice of a hearing in this matter.
Since rei
Bruce
BE:el
Attachment
cc: Attorney Penman
LAWYERS
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BERNARDINO
3lIO NORTH"O" STREET, SAN BERNAROINO. CALIFORNIA 8241B
JAMES F. PENMAN
CITY ATTORNIY
17141384-6366
July 24, 1987
File No.: 3.6330
Mr. Bill Shanahan
c/o San Bernardino Baseball Club, Inc.
Fiscalini Field
Post Office Box 30160
San Bernardino, California 92413
Dear Mr. Shanahan:
You are hereby notified, pursuant to Paragraph 15 of lease dated
January 5, 1987 between the City of San Bernardino and
San Bernardino Baseball Club, Inc., that the acts of the baseball
club, to wit, the noise emanating from the sound system during
the announcement of baseball games, constitutes a nuisance. Such
noise unreasonably disturbs the quiet enjoyment of the residents
of the City on adjacent and neighboring property.
If within 72 hours of the date of receipt of this notice, you have
not abated such nuisance by reducing the noise level of the sound
system to a level that will not unreasonably disturb the quiet en-
joyment of the residents of the City on adjacent and neighboring
property, the City of San Bernardino, pursuant to its rights as set
forth in Paragraph 15, shall enter upon said premises and undertake
such action as is necessary to immediately abate the nuisance.
You are hereby further advised that pursuant to Paragraph 15, an
appeal of this action may be had to the Mayor and Common Council.
Such appeal must be in writing and be received by the City Clerk
of the City of San Bernardino within 72 hours after you have re-
ceived this notice.
Ve y tru17L-
S F. PENMAN
ty Attorney
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tRESS