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Home My WebLink AboutAgenda Report - August 19, 1992 (96)CIN OF LODI i • � � i i i i J AGFA TITLE: Set public hearing for an appeal to the Lodi City Council Linder Lodi Municipal Code Section 5.32.120 by Frances Elkins, owner of Lakewood Health Spa, of the Order of the Chief of Police revoking her massage business license under Lodi Municipal Code Section 5.32.110. NERTING OATS: August 19. 1992 PREPARED BY: City Attorney RZCXMMWW ACTION: Rut the Lodi City Council set September 16, 1992 as the hearing date for the matter of Prances Elkins, DBA Lakewood Health Spa, on the Order of the Chief of Police revoking her massage business license under Lodi Municipal Section 5.32.110. BAC=This date is preferred by the appellant. who has agreed to waive time limits for a prompt hearing, pursuant to the letter of her attorney, Roy Edwards (attached) . F MIM. Kane required. Respectfully submitted, BobCAV Mc/att City Attorney BK/VC attachment cc, Lodi Polies Dept., Attention: Detective Matt Foster APPROVED %41)THOMASA PETERSON ,9c ow L POi hM.9/7%TA.O1V CRY maoegw J ZE L" OMk.. Of STEWART C. ADAMS, JR ADAMS. HORSTMANN a EDWARDS HERBERT E HORSTMANN Prpfe"lonel Corpornbn ROY D. EDWARDS i11 WEST PINE STREET LODI. CALWORNIA SSM August 3, 1992 Alice Reimche CITY OF LODI 221 West Pine Street Lodi, CA. 95240 Re: LAKEWOOD HEALTH SPA License Revocation Dear Ms. Reimche: P- AUG 0 4 3992 '- City Attorney's Office TELEPHONES AREA CODE 28Y 333-1414 FROM STOCKTUM: 478 -UN -4_ f�., rn J 1_ rn rn n 7� ;X - f7 L -s f`3 In regards to the license revocation of Lakewood Health Spa. I would request that the matter be set for a hearing. I would suggest that that date for the hearing be set at the August 19, 1992 Council meeting, with a possible hearing date at the second Council meeting in September. My client, `Prances Elkins, agrees to waive time for a prompt hearing. Your consideration of this matter $ �r7� truly, R Ards Re/df i is appreciated. DECLARATION OF MAILING On August 21, 1992 in the City of Lodi, San Joaquin County, California. I deposited in tho United States mail, envelopes vith first-class postage prepaid thereon, containing a copy of the Notice attached hereto, marked Exhibit •A"; said envelopes were addressed as is more particularly shown on Exhibit 'a" attached hereto. There is a regular daily cca=unication by mail between the city of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Ey-ecuted on August 21, 1992, at Lodi, California. Dac/OI/TXTA. FRU Alice M. Reimche City Clerk knit a. grin Deputy City Clerk d ~ CITY D LO D � "{ %E OF PUBLIC HEARING Date- September 26, 2222 CARNMIE FORUM 305 West Pine Street. Lodi Time: 7:30 p.m. For information regarding this Public Hearing Please Contact: Alice M Relmche City Clerk relsvNorw =-$M NOTICE OF PUBLIC HEARING September 16, 1992 NOTICE IS HEREBY GIVEN that on Wednesday, at the hour of 7:30 p.m., or as soon thereafteras the matter may be heard, the City Council will conduct a public hearing to consider the following matter: e) to consider an appeal to the Lodi city Council under Lodi 1111imiCipal Code Section 5.32.120 by Frances Blkins, owner of Lakewood Health Spa, 1301 West Lockeford Street, Lodi, by order the of Chief of Police revoking her massage business license under Lodi Municipal Code section 5.32,110. Al I interested persons are invited to present their views and comments on this matter. Written statements may be tiled with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challengethe subject matter in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street. at or prior to the Public Hearing. By Order Of the Lodi City Council: 9,8� "Aok - Alice M. Relrttahe City Clerk Dated: August 19, 1992 Approved as to form: 8 W. MCNstt city Attorney MASSA PARLOR LICENSE MAILING LISP EXHIBIT B Floyd Williams Bob McX&tt Chief of Police City Attorney Frances 31kins 1381 Wiest Loc'cetord Street Lodi, CA 95240 CITY OF LODI MWRANDON FROM THR OFFICR OF THE CITY ATTORNEY zzsasasa:sasasaaasssssassassssssssssaassssssasss To: FILE y - f7l Prom: Bob McNatt, City Attorney Date: July 30, 1992 1 .3 Subject: MASSAGE BUSINESS LICENSE REVOCATION LAKEWOOD HEALTH SPA ssssasssssssssszaswssassssssssasssa riasassaszsasssszssassasazfzssssasw On July 29, 1992 at 5:00 p.m., I spoke with Roy Edwards, attorney for Frances Elkins, weer of the Lakewood Health Spa regarding the appeal of the Order by Chief of Police Floyd Williams revoking her business license. I pointed out that his July 27, 1992 request that the matter be set for hearing on August 5, 1992 was not possible for at least a couple of reasons. First, the Agenda for the August 5 meeting had already been prepared. Second, I pointed out to him that under the provision of the Municipal Code covering business license revocations, it was necessary that the Council at its next regular meeting, eet a future date for such hearing. I candidly pointed Out to him that the time line laid out in Section 5.32.110 is not physically possible since it requires that the Council first act to set a meeting and then hear the matter all within 14 days of the receipt by the City of the appeal. Mr. Edwards indicated he was willing to waive time for a prompt hearing in order that the criminal matter might be adjudicated first. He will be sending a letter to the Clerk asking that: A. The Council at its August 19, 1992 meeting set a date for the hearing, preferably for the second meeting in September. 8. The City etay the Order of Revocation pending that outcome . I told him that was fine with me but I could not guarantee that the Council would agree to continue the matter that far in advance. Q: ILA BOB MCNATT City Attorney BM:Vc PD!!ASSti . 5 /TXTA . 01 V r STEWART C. ADAMS. JR. HERBERT E. HORSTMANN ROY D. EDWARDS July 27. 1992 Bob McNatt, City Attorney CITY OF LODI 221 West Pine Street Lodi, CA. 95240 Re: REVOCATION OF LICENSE- LAKEWOOD HEALTH SPA Dear Mr. McNatt: Frances Elkins, the owner of Lakewood Health Spa, appeals the decision of Floyd Williams. revoking her business license. I understand that appeal hearings involving the other license revocations are scheduled for'August 5, 1992. My client would request the same date. s -Itut IY. Rards RE/d cc Frances Elkins J U L 79 t992 Law Oft" Of City Attorney's Offike ADAMS. HORSTMANN & EDWARDS TELEPHONES ploksslarni eorpcw~ AREA CODE 209 111 WEST PINE STREET 333-1414 LODI, CALIFORNIA 95240 FROM STOCKTON: 47WS356 July 27. 1992 Bob McNatt, City Attorney CITY OF LODI 221 West Pine Street Lodi, CA. 95240 Re: REVOCATION OF LICENSE- LAKEWOOD HEALTH SPA Dear Mr. McNatt: Frances Elkins, the owner of Lakewood Health Spa, appeals the decision of Floyd Williams. revoking her business license. I understand that appeal hearings involving the other license revocations are scheduled for'August 5, 1992. My client would request the same date. s -Itut IY. Rards RE/d cc Frances Elkins Lary Ot#Ic" or STEWART C. ADAMS, JR. ADAMS. HORSTMANN & EDWARDS TELEPHONES HERBERT E. HORSTMANN Prof sWa al CeMorwm AREA OQOE ROY D. EDWARDS 111 WEST PINE STREET 333-1414 LODI, CAUFi-"A 85214 FROM STppRON; 4?54M6 August 3. 1992 A-. _ rn t- — .J t Alice Reimche CITY OF LODI 221 West Pine Street Lodi, CA. 95240 Re: LAKEWOOD HEALTH SPA License Revocation Dear Ms. Reimche: j In regards to the license revocation of Lakewood Health Spa, i I uould request that the clatter be set for a hearing. I would s 'gest that that date for the hearing be set at the August 19, 1: 2 Council meeting, with a possible hearing date at the second Co wil meeting in September. MY lient, Frances Elkins, agrees to waive time for a prompt hearing. —.4A-4-4— -Q4-;,,,, this matter is appreciated. s X truly, Rwards Roy wards Re/df