18A - HEARING OFFICER'S DECISIO - Laserfiche WebLink

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Aug.30. 2004 6:00PM No.93û9 p. 5/81 I 1 the same location as proposed by Appellant. Also, it asserts that, in light of three competing 2 permit applications, and the lack of wil1ingness by Appellant to work with other groups to host 3 the event together, the City decided to host the event itself; accordingly, the pending 4 applications became '~ootn because the City, utilizing its implied police powers, "becomes the 5 default 'first in line.'" In relation to Appellant's citing Section 10-22.7 of the Code, 6 Respondent argues that the Code does not provide any consequence for fai1ing to act within 15 7 days. Further, Respondent contends that the language utilized in the Code "should be read as 8 directory and not- mandatory," citing In re C.T. (2002) 100 Cal.App.4ch 101, 111. 9 10 mSCUSSION AND~CLUSIO~ The undersigned hearing officer has considered all of the evidence ofrecord and 11 arguments made by the parties. The City's Code provides a process by which an individual may 12 apply for a pennit to conduct special events, subject to meeting specified conditions. Further, 13 Chapter 3, Section 3-5 of the Code provides that the burden of proof in this type of proceeding 14 "is on the applicant/appellant... to prove that he is entitled to that for which he is applying.. .or 15 that the detennination...is unreasonable, erroneous or clearly abusive of discretion." As noted, DSABA has previously sponsored the Fiesta event, with the City's . i 17 participation and, over the past tWo years, DSABA hired a professional, All Access, to produce 18 the event to reduce the City's participation to some extent. In 2003, DSABA disbanded, 16 19 resulting in the formation of three groups. including Appellant herein. Two of those groups 20 filed for special events pennits to sponsor the Fiesta before Appellant's application was filed, 21 thus gÍ"áng the two previous applications priority consideration. As the City Manager stated in 22 his July 19, 2004, letter of denial, all three applications were incomplete and, therefore, no 23 permit has been issued or denied as of the date of the letter. However, even if all applications 24 were cOITected, LACCSA's application "would still be third in linen and subject to denial. 25 However, in light of the three competing applications, and the conflicts between the competing 26 groups possibly adversely impacting the businesses in the proposed downtown location of the 27 Fies~ the City Manager has opted for a recommendation to the City Council that the City 28 sponsor the event for 2004. In relation thereto, he stated: 5 REPORT AND PR.OP~lON OF HEARtNG OFFICER. ....~~ AIfI:AL.....o:s.. ... ~"""'-