HomeMy Public PortalAboutResolution 97-3597RESOLUTION NO. 97 -3597
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY REVOKING FOR CAUSE THE BUSINESS LICENSE OF THE LA
VILLA BAR AT 4812 TEMPLE CITY BOULEVARD OWNED BY
FRANCISCO J. MADERA - 5558 HALIFAX ROAD, ARCADIA,
CALIFORNIA
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE:
SECTION 1. DUE PROCESS: On April 15, 1997, the City Clerk mailed to Mr. Madera and to
his then attorney a Notice of proposed revocation of his business license for cause on May 6, 1997. Said
Notice was as set forth on Exhibit "A" attached hereto. Attached to said Exhibit "A" was a copy of the
Sheriff's investigatory report, attached hereto as Exhibit "B ". On May 6, 1997, at 7:30 p.m. a due process
hearing was conducted. Mr. Madera appeared through his attorney, Stephen Romero, and the Sheriff
prosecuted the civil proceedings through its attorney R. Zaiden Corrado; said proceedings were reported
through a certified court reporter, a transcript of which will be attached hereto as Exhibit "C ".
SECTION 2. FINDINGS:
A. The City council fmds that of all the charges set forth on Exhibits "A" and "B ", Mr. Madera defends
as untrue only the charge relating to a conviction for dealing in prohibited drugs. No defense
having been offered as to all other charges, the Council fords that each, every and all of such other
charges are true; that such conduct is contrary to the public health, safety and welfare and
constitutes a public nuisance.
B. As to the drug charges, the defense is that such conviction is currently undergoing a "search &
seizure" appeal, so that the conviction might be reversed, the Council fmds that the City need not
endure drug dealing and public nuisances while a matter is going through countless appeals, and
therefore fmds the charges true.
C. The Council further fmds that there are no conditions that could reasonably be attached to the
business license that could correct the ongoing problems related to the operation of the Bar and
the nuisances created thereby, and that accordingly revocation is a fair and reasonable abatement
method.
SECTION 3. CONCLUSION: For the forgoing reasons, the business license issued to Francisco
Madera to operate the La Villa Bar at 4812 Temple City Boulevard be and the same is hereby revoked.
Pursuant to Resolution No. 93 -3235, the statute of limitations for an appeal of this matter to the Superior
Court under CCP 1094.5 is hereby set at 90 days.
SECTION 4. The City Clerk shall certify to passage and adoption of this resolution and enter
it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED ON 20TH DAY OF MAY, 1997.
ATTEST:
Resolution No. 97 -3597
Page 2
I hereby certify that the foregoing resolution, Resolution No. 97 -3597, was adopted by the City
Council of the City of Temple City at a regular meeting held on 20th day of May, 1997 by the following
vote:
AYES: Councilman- Breazeal, Brook, Wilson, Gillanders, Souder
NOES: Councilman-None
ABSENT: Councilman -None
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