HomeMy WebLinkAbout49- City Administrator CITY OF SAN BERNODINO REQUEST F 'R COUNCIL ACTION
From:
SHAUNA CLARK Subject: Request for re-hearing of Mayor
City Administrator and Common Council decision
Dept: upholding denial of issuance
of operating permit by Police
Date: August 10 , 1993 Dept. -- Desert Inn Motel.
Synopsis of Previous Council action:
6/21/93 Mayor and Common Council upheld decision of Chief of Police
and Police Commission to deny operating permit to Desert
Inn Motel.
Recommended motion:
1 . That the request for a re-hearing of the Mayor and Common Council' s
decision to uphold the decision of the Police Chief and Police
Commission to deny an operating permit to the Desert Inn Motel,
be denied. or
2 . That the Mayor and Common Council approve the request by the
Desert Inn Motel for a re-hearing of their decision upholding
the Chief of Police and Police Commission' s denial of an
operating permit and set a public hearing for September 20 , 1993
at 10: 00 a.m. to hear only additional testimony that has not
been previously submitted.
Signature
Contact person: Dan Robbins Phone: 5607
Supporting data attached: yes Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 Agenda Item No.
CITY OF SAN BERN " RDINO - REQUEST F 'R COUNCIL ACTION
STAFF REPORT
On November 30, 1992, the Police Commission heard an appeal on the
denial by the Chief of Police of the issuance of a business permit
to Jack and Linda Liao for operation of the Desert Inn Motel at 607
W. 5th Street. After hearing the testimony presented by the Liao's
and Deputy City Attorney Frank Rhemrev, the Police Commission
denied the appeal.
On June 21, 1993, Mayor and Council heard an appeal of the Police
Commission decision to uphold the Chief of Police's denial of the
operating permit. At that time, based upon findings presented in
a staff report by the Assistant Chief of Police which found that
the Liao's have been convicted of a crime of moral turpitude; have
significant arrests or police investigations concerning related
crimes; and during the application process, Mr. Liao denied the
arrests and conviction, the Mayor and Council denied the appeal.
Attached is a request from the attorney representing the Liao's for
re-consideration of the decision by the Mayor and Council based
upon the fact that only 6 of the 7 Councilmembers were present on
June 21 and that Mrs. Liao was ill and unable to be present at that
hearing.
Should the Mayor and Council approve the request for re-
consideration, it is recommended that a stipulation be made that
only additional testimony not previously submitted, be considered
and that September 20, at 10: 00 a.m. be set as the hearing date and
time.
75-0264
I ing Chan ( 147363)
ttorney At Law
2 752 S. Atlantic Blvd. ,
Monterey Park, CA 91754
3 hone: ( 818)458-5557 Fax: ( 818) 458-1619
Attorney for Appellant
4 Wen-Hsiung Liao
5 BEFORE THE MAYOR AND COMMON COUNCIL
6
OF THE CITY OF SAN BERNARDINO
7
8 In re Appeal of Denial of )
Business Permit )
9 ) MOTION TO STAY AND RF-CONSIDER
Appellant: Wen-Hsiung Liao ) DENIAL OF BUSINESS PERMIT BY
10 ) POLICE COMMISSION AND
SUPPORTING BRIEF
11 )
12 )
13
14 Wen-Hsiung Liao, Appellant and owner of Desert Inn
15 Motel, through .and by his counsel, requests that the City Council
16 of the City of San Bernardino reconsiders the decision of the
17 Police Commission in denying Appellant's business permit on the
18 following grounds:
19 1. In the appeal hearing at the City Council on June 21, 1993,
20 only 6 Council members were present, 3 of whom voted in favor of
21 Appellant. Appellant did not have a fair chance to present his
22 case before a full body of the City Council.
23 2 . In upholding the decision of the Police Commission, the City
24 Council relied on the evidence against Appellant that he and his
25 wife pled no contest to a charge of maintaining a disorderly
26 house in 1983 . Because of her cancer problem, Appellant's wife
27 was unable to testify at the hearing regarding said incident.
28 Pagel
Appellant's wife now requests to be given an opportunity to
1 testify.
rzz 2 Appellant further requests that the decision of the
3
Council Meeting on June 22, 1993 be stayed pending the decision
4 on this motion to reconsider.
5 1
Date: June 23, 1993
7 Sing Chan, attorney for Appellant
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28 Paget
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF Los Angeles State of California.
1 am employed in the county of
i am over the age of 18 and not a party to the within action; my business address is: Chan&Wong
On h/?_4 19 93 , I served the foregoing document described as Cn�dh At�Antie Blvd_
Monterey Park,CA 91754
Motion to stay and re—consider
in this action
on
Jby placing the true copies thereof enclosed in sealed envelopes addressed as stated on the attached mailing list:
by placing O the original ® a true copy thereof enclosed in scaled envelopes addressed as follows:
City Attorney
300 North 'D' Street
San Bernardino, CA 92418-0001
(BY MAIL) I caused such enveiope with postage thereon fully prcpaid to be placid .in the United States mail
at Monterey Park , California.
Executed on_ 6 /94 19 9 3 at Monterey park California.
J (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct.
(Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was
made.
Bessie Wong -t
Type or Print Name Signature
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