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HomeMy WebLinkAbout04-City Attorney , ~?/ LAWYER5 -- -.-- _~') :', 3. -.J,.... . " ':":'e- ~'::::~'. ..:. :'.:.:-:"'s;~c'.=.c,t'. '-"",r C -. ;l'cies)~~ral .::: ::--;:':-3:, ~S :':'~ . .,. -'- . ~-'-'~' .:.'~- - ~ - ~ -- - . ::::...-:>'.3':; _ ~ ~~ . .>?':.::: ~,... j~. ":- ':;,-. -Y'S:" - .--.,:......:::'::,:" , -:'- ~ ::<-:-:;._- . -.,.",. ,.~ -- - - (7141 650-0100 'AX {7141 722-0638 - -.:.~ ~-", '.' =- -:-'-2' -'~ ::...- .~..- -~':;', - "'c ,. _'_ -~ ","' July 29, 1987 . - -.- ~ . --- ;l,':.- _~: ~ ::'"'"'')''-1 - ': ," :: ::-;"-;':: ~ j,::..; - ~. ",-:-"--;,': :;;'" e :::~' -...0 ..~'" ;; _'=~S.o:: :e'-:,r" '....-,'.: :e,.-.:;-:e ~;J _ _" ~r __- :;~::i..' -:::: :';,_":' <.3::: California :: .::,,::e:- : .:..'~::.:s "".: ,'..... 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 IS 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. ',..:.~:=:'...:.. Harrison & Lerch, PC' 'cc' '..:--:" ':::-::"--:;- ':".-2"_.0- :e ~'~-,-: ","":e--. . ---.-' -" --- ~- ~... . - -- ---- 16021257,\800 'AX (60212\4,1913 - ~ - ; :,- .~ ... .r' City Clerk 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. Bruce BE:el Attachment cc: Attorney Penman \ LAW Y E R 5 .... ... , BERNARDINO 30lI NORTH "D" STREET. SAN BERNARDINO. CALIFORNIA 11241. JAMES F. PENMAN CITY ATTOANIY 17141384-6361 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 l5 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 l5, 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 tru1/k S F. PENMAN ty Attorney JFP:dd PRIDE N PflOtRESS