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HomeMy WebLinkAboutFEBRUARY 21,1967 I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (2-7-67 2-13-67) HEARING (Bowling Square) j/-&7.L/ I 17 :6961 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING FEBRUARY 21, 1967 The City Council of the City of Arcadia, California met in regular session in the Council Chamber of the Arcadia City Hall on February 21, 1967 at 8 p.m. Rev. F. Diemer, Arcadia Christian Reformed Church Mayor George L. Forman PRESENT: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None The minutes of the regular meeting of February 7, 1967 were APPROVED as submitted in writing on MOTION by Councilman Considine, seconded by Councilman Hage and carried unanimously. The minutes of the adjourned regular meeting of February 13, 1967 were APPROVED as submitted in writing on MOTION by Councilman Considine, seconded by Councilman Hage and carried unanimously. At the adjourned regular meeting of the City Council on February 13, 1967, the City Council fixed this date, time and place for a public hearing for the purpose of receiving additional testimony, considering and making a determination concerning the revocation, suspension or modification of a permit heretofore issued for the conduct of a bowling alley at 1020 S. Baldwin Avenue. Pursuant thereto and in accordance with Article VI of the Arcadia Municipal Code and particularly Division 4 of Part 1 of Chapter 3 therefor, the owners and operators of said bowling alley were directed to appear before said body to show cause, if there be any, why the aforesaid permit to operate a bowling alley at said address should not be revoked, suspended or modified. For the record, the City Clerk advised that she had on file affidavits of mailing by both regular and certified mail to the Bowling Square, the President, two Vice Presidents and the Manager thereof, of the notice to appear; that copies of same were also delivered personally by officers of the Arcadia Police Department. The City Clerk swore in witnesses who were to give testimony. Members of the Arcadia Police Department testified that on several occasions they ordered and were served intoxicating liquors on the~\ concourse; that the President, Mr. Vander Muelen, was present 1\ throughout the proceedings. (See full transcript in City Clerk'sl1 office for detailed testimony incorporated therein by reference.)U At the conclusion of the City testimony and at the specific request of Jerome Stevenson, attorney for Bowling Square, Inc., the matter was CONTINUED until February 28, 1967 at 7 p.m. in the Council Chamber, thus providing time for counsel for the Bowling Square to prepare a defense. 1. 2- 21- 67 HEARING (McGill) f'; !Z;Z DENIED HEARING (Tho'))j'son) f' r(.u>- APPROVED HEARING (Wiseman) .:/: ~<-<<!- ) ~ 17:6962 Appeal filed by John McGill from the decision of the Planning Commission in its denial of his application for permission to allow three signs to remain at the Mayflower Market premises, 150 E. Live Oak Avenue, until February 1969. The Modification Committee originally denied the application. Mr. McGill appealed to the Planning Commission. The Commission held a public hearing and recommended denial. Mr. McGill subsequently appealed to the City Council. Mayor Forman declared the hearing open. The applicant was not I present and no one desired to be heard, whereupon the hearing was CLOSED on MOTION by Councilman Butterworth, seconded by Councilman Considine and carried unanimously. It was explained by the Assistant Planning Director that when the applicant remodeled the subject building new signs were installed but they were not brought up to code as required. It was then MOVED by Councilman Hage, seconded by Councilman Arth and carried unanimously that the decisions of both the Modification Committee and the Planning Commission be upheld and that the appeal be DENIED. Application of Kenneth C. Thompson for a business permit to allow him to dispatch demonstrators of cosmetics to residents, on appointment only. His local business address would be 907 S. First Avenue, Arcadia. Mayor Forman declared the hearing open and Mr. Thompson addressed the City Council, explaining his proposed operations and upon inquiry by Councilman Butterworth stated that he was fully aware of the city prohibition against door-to-door solicitation, and would abide by it. Albert C. Bader, owner of the business property to be leased by Mr. Thompson at 907 S. First Avenue, addressed the City Council on behalf of the applicant, stating that Mr. Thompson was a reputable person and urged approval of said application. Whereupon the hearing was closed on MOTION by Councilman Considine, seconded b~ Councilman Hage and carried unanimously. It was further MOVED by Councilman Considine, seconded by Councilman Hage and carried ~nanimously that the application be approved and that a business license be issued for the requested purpose, with the provision that Mr. Thompson comply with the city regulation prohibiting door-to-door solicitation. Application of Gary Lee Wiseman for a business permit to conduct a second hand store at 37 E" Duarte Road. Said business to consist of refurnishing second hand furniture and the sale thereof, service and sale of small appliances, radios and televisions. I Mayor Forman declared the hearing open and Mr. Wiseman addressed the City Council explaining the proposed business functions. Upon questioning he stated that he does not intend to display merchandise On the outside of the building. No one else desiring to be heard the hearing was CLOSED on MOTION by Councilman Butterworth, seconded by Councilman Considine and carried ~nanimously. ~,ereupon it was MOVED by Councilman Hage, seconded by Councilman Arth and carried unanimously that the application be APPROVED; that a business permit be issued to the applicant subject to 1) that there shall be no outside storage or display of any 2. 2-21-67 I CONDITIONAL USE PERMIT (Goodyear) ;t: & 7>5' TRACT NO. 24286 (Final) ,~_ //;;(5' TRACT NO. 27377 (Final)L/ ' jf-/IV7 I RECREATION COMMISSION (Equipment purchase) , f~~ OCCUPANCY PERMIT (Lido Sales and World Industries) 7- f9"1 , . ,-','. 17:6963 merchandise, and 2) that the permit shall be specifically subject to any further applicable amendments of the Arcadia Municipal Code that may be made during the permit period. The Planning Commission recommended the waiving of certain rear yard requirements in connection with its approval of a conditional use permit for the Peck Realty Corporation on behalf of Goodyear Tire and Rubber Company, lessee of property at 1418 S. Baldwin Avenue, for the purpose of operating a retail store and automative service area to be used for the installation of products sold on said premises. R. D. Sweeney, attorney for the corporation owning the property, addressed City Council at length asking for clarification of con- ditions therefor, in particular referring to a wate.r line easement on said property. The removal of this water line was one of the conditions of purchase by the Realty Company. Mr. Sweeney expressed concern that the transaction with the proposed lessee might not materialize if the matter were held over. The City Attorney was asked to work with Mr. Sweeney in this regard. Whereupon it was MOVED by Councilman Considine, seconded by Councilman Butterworth and carried unanimously that the City Council waive Arcadia Municipal Code Section 9263.2.4 as being inapplicable and inappropriate in the proper development of the subject site; said waiver to be upon the condition that all the provisions of the Planning Commission Resolution granting the conditional use permit be complied with. On recommendation of the Planning Commission, the final map of Tract No. 24286 was APPROVED on MOTION by Councilman Considine, seconded by Councilman Rage and carried unanimously. Said property located between the flood control channel and Second Avenue north of Vista Park. On recommendation of the Planning Commission, the final map of Tract No. 27377 was APPROVED on MOTION by Councilman Arth, seconded by Councilman Considine and carried unanimously. Said Tract located on the south side of Longden Avenue opposite Bella Vista Avenue. On MOTION by Councilman Arth, seconded by Councilman Rage and carried on roll call vote as follows, the request of the Recreation Commission for an appropriation of $4300 from the Parks and Recreation Facilities Fund to purchase six sets of 100 seat bleachers for city parks was APPROVED. It was noted that there is an urgent need for the immediate removal of the existing bleachers at Vista Park. AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Rage, Forman None None On recommendation of the'City Manager, it was MOVED by Councilman Considine, seconded by Councilman Butterworth and carried unanimously that the request of Lido Sales and World Industries for permission to continue occupancy of a building at 333 N. Santa Anita AVffiue until JULY 1, 1967 was APPROVED. It was noted that the aforementioned tenants of said property will be unable to make the required im- provements to the property and will before the said date locate elsewhere. 3. 2-21-67 BENCH PERMITS APPROVED ,f~. CONTRACT AWARD (Weeds) 7'- //.:.7" FIRE INSURANCE (City) J'~' MEDIAN STRIP (Live Oak) f; STORM DRAIN PROJECTS 602 and 1401 -12:-; '''':'3/;#' t ,i' a-v,........ 17 :6961: On MOTION by Councilman Considine, seconded by Councilman Hage and carried unanimously applications for permits to install benches on public streets or public property were APPROVED. It was noted that these were recommended for approval by the City Manager and License Officer and that insurance certificates are on file with the City Clerk. On MOTION by Councilman Arth, seconded by Councilman Butterworth and carried on roll call vote as follows the contract for the removal of refuse, rubbish and weeds was awarded to the only bidder, Harold D. Watts, contractor, in the amount of $16,047.00; that the Mayor and City Clerk be and they are hereby authorized to execute the contract in form approved by the City Attorney: I AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None On MOTION by Councilman Hage, seconded by Councilman Arth and carried on roll call vote as follows the City Manager and the City Controller advised that the City has received the following bids for fire insurance including extended coverage, vandalism and malicious mischief coverage. All bids were for a 5-year term to become effective March 3, 1967. The amount of insurance to be $2,604,000 subject to public and institutional property plan insurance forms. Arnesbury and Mee, Inc. Independent Insurance Agents Association of Arcadia Fred S. James and Co. $ 6,666 8,276 8,654 On MOTION by Councilman Hage, seconded by Councilman Arth and carried on roll call vote as follows the low bid of Arnesbury and Mee, Inc. was accepted; that the policy be paid annually at the rate of $1,536 per year: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Rage, Forman None None the resolution submitted by the South Arcadia Business Association urging the City Council to include in the ensuing year's budget sufficient funds for the construction of a median strip on Live Oak Avenue was received. The City Manager will acknowledge same and advise the association that this is one of the projects under I consideration by the Citizen's Advisory Capital Project Committee and that no action will be taken until after a report is received from that committee. the City Manager and Director of Public Works advised that the department has reviewed plans and specifications covering the in- stallation of storm drains on streets within the City as outlined on a map delineating 1964 storm drain bond issue projects 602 and 1401. At a meeting held February 7, 1967 the City Council approved a financial agreementwith the Los Angeles County Flood Control District whereby the City will be given the opportunity to supplement project funds to the extent necessary to provide for said installation. A resolution to proceed was recommended for adoption. 4. 2-21-67 RESOLUTION NO. 3926 Adopted 1/ )It" ~ID I DUARTE ROAD IMPROVEMENT (Holly to Arcadia Wash) !/-loo/-/1 EL MONTE IMPROVEMENT I TRACT NO. 23567 COMPLETED J-1(07 FINAL PAYMENT (sidewalk contract) 1-- 11;:2/-/1 17:6965 Whereupon the City Attorney presented, explained the content and read the title of Resolution No. 3926 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS ANp AUTHORIZING THE LOS ANGELES CqUNTY FLOOD CONTROL DISTRICT TO PROCEED WITH CONSTRUCTION FOR 1964 STORM DRAIN BOND ISSUE PROJECTS NO. 602 AND NO. 1401." MOTION by Councilman Hage, seconded by Councilman Arth and carried on roll call vote as follows that the reading of the full body of Resolution No. 3926 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None Councilman Arth further MOVED that Resolution No. 3926 be adopted. Motion seconded by Councilman Considine and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None The City Council received and concurred in the schedule outlined in the report of the Director of Public Works dated February 16, 1967, for the acquisition of properties necessary for the improvement of Duarte Road between Holly Avenue and the Arcadia Wash. The schedule provides for the eventual commencement of construction as of June 19, 1967. The Director of Public Works submitted plans and specifications for El Monte Avenue improvement, Arcadia Wash to Wistaria Avenue, and Sandra Avenue to the south City limits; the project to be financed with 2107 and 186.1 State Gas Tax funds, approved in the current year f s budget. Whereupon it was MOVED by Councilman Butterworth, .seconded by Councilman Considine and carried on roll call vote that plans and specifications be approved; that the City Clerk be and she is hereby authorized to advertise for bids upon receipt of approval from the State Division of Highways. Upon advice that the improvements in Tract No. 23567, Melanie Lane, north of Norman Avenue, have been completed in accordance with City requirements and conditions as imposed by the Planning Commission and the City Council, it was MOVED by Councilman Hage, seconded by Councilman Arth and carried unanimously that the street be accepted for maintenance by the City. Upon advice that Phase II of the sidewalk construction program has been completed by David Weisz, contractor, it was MOVED by Councilman Hage, seconded by Councilman Arth and carried on roll call vote as follows that the work as completed be accepted and that fiqal payment be authorized in accordance with the contract: . AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None 5. 2-21-67 17:6966 AUDIENCE PARTICIPATION Mr. Thornton Graham, 2509 Doolittle Avenue, was advised to confer with City staff for assistance in ascertaining the status of a particular easement. ORDINANCE NO. 1336 The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1336, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING CHAPTER 2 OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE BY REPEALING AND AMENDING CERTAIN SECTIONS THEREOF AND ADDING NEW SECTIONS THERETO." I MOTION by Councilman Hage, seconded by Councilman Arth and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1336 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Rage, Forman None None Following discussion it was MOVED by Councilman Considine, seconded ,by, Councilman Rage and carried unanimously that Ordinance No. 1336 as introduced be AMENDED by amending Sections 9261.6.8, 9262.6.10, 9263.6.7 and 9265.6.7 by having those sections read as follows: MAXIMUM BUILDING SIZE: No portion of any building containing more than 20,000 sq. ft. of gross floor area shall be constructed within 100 ft. of any lot or parcel or property in Zone R-3 or any more restrictive zone unless a conditional use permit be first obtained pursuant to Division 5 of Part 7 of this particular Chapter. REINTRODUCED It was then MOVED by Councilman Hage, seconded by councilman Arth and carried on roll call vote as follows that Ordinance. No. 1336 as thus amended be REINTRODUCED: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None The ordinance will be presented to the City Council for adoption on March 7, 1967. The City Manager was instructed to bring this ordinance to the attention of the City Council in approximately one year from date of its adoption. ORDINANCE NO. 1337 The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1337, entitled: "AN ORDINANCE OF TRE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 3425 OF THE ARCADIA MUNICIPAL CODE." I Adopted j MOTION by Councilman Considine, seconded by Councilman Arth and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1337 be waived: AYES: NOES: ABSENT: Councilm.~ Arth, Butterworth, Considine, Rage, Forman None None Councilman Considine further MOVED that Ordinance No. 1337 be adopted. 6. 2-21-67 I ORDINANCE NO. 1338 Adopted ORDINANCE NO. 1339 Introduced I PROCEDURAL ORDINANCE PROVISIONS WAIVED 17:6967 Motion seconded by Councilman Arth'and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None The City Attorney presented for the second time, explained the content and read the title of Ordinance No. 1338, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 4135.4 AND 4136.1 OF THE ARCADIA MUNICIPAL CODE." MOTION by Councilman Arth, seconded by Councilman Hage and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1338 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None Councilman Arth further MOVED that Ordinance No. 1338 be adopted. Motion seconded by Councilman Hage and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None The City Attorney presented for the first time, explained the content and read the title of Ordinance No. 1339 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE VI OF THE ARCADIA MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 7 ENTITLED 'COMMUNITY ANTENNA TELEVISION FRANCHISES.'" MOTION by Councilman Hage, seconded by Councilman Arth and carried on roll call vote as follows that the reading of the full body of Ordinance No. 1339 be waived: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Hage, Forman None None Following discussion it was MOVED by Councilman Hage, seconded by Councilman Arth and carried unanimously that Article VI in the title read Article VII. ,. It was then MOVED by Councilman Hage, seconded by Councilman Arth and carried on roll call vote as follows that Ordinance No. 1339 be INTRODUCED as thus amended: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Rage, Forman None None The prOV1S1.0nS of ~he Procedural Ordinance were waived in order to consider the following matter on MOTION by Councilman Arth, seconded by Councilman ~age and carried unanimously. 7. 2-21-67 RESOLUTION NO. 3927 Adopted LIBRARY LEVY CHARTER REVISION COMMITTEE ADJOURNMENT 17 : 6968 The City Attorney presented, explained the content and read the title of Resolution No. 3927, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REQUESTING FROM THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES AID TO CITIES GASOLINE TAX FUNDS FOR THE IMPROVEMENT OF SANTA CLARA STREET, A PUBLIC STREET IN SAID CITY OF ARCADIA." MOTION by Councilman Arth, seconded by Councilman Hage and carried on roll call vote as follows that the reading of the full body of Resolution No. 3927 be waived: I AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Rage, Forman None None Councilman Arth further MOVED that Resolution No. 3927 be adopted. Motion seconded by Councilman Hage and carried on roll call vote as follows: AYES: NOES: ABSENT: Councilmen Arth, Butterworth, Considine, Rage, Forman None None Councilman Considine referred to material distributed to the City Council on behalf of the Library Board of Trustees. Elton Phillips, Chairman of the Budget Committee of the Library Board of Trustees, stated in part that said Board has been pursuing ways and means to meet costs and asked Council to consider extending funds to the Library from the General Fund to help balance the current budget. He referred to curtailment of certain services in order to allow the library to function within its prescribed levy. Mr. Phillips stated the Board will present a balanced budget for 1967-68, but it will require additional cutbacks in service. He explored areas for possible economy and stated that any assistance received would not be expected to be of a continuing nature, just until the Board could go to the people with a statutory change in its limitation; that no figure has been decided upon as yet. Councilman Butterworth referred to a matter of some concern to the Charter Revision Committee and to the City Attorney. In explaining the need of the Committee for technical advice it was suggested that Mr. Nicklin be appointed Technical Advisor instead of ex officio member. In this way the Co~ittee could avail itself of the municipal experience of Mr. Nicklin and Mr. Nicklin would not find himself in the position of becoming involved in political issues or discussions. This change having also been requested by Mr. Nicklin and with the concurrence of the City Council, it was MOVED by Councilman Butterworth, seconded by Councilman Hage and carried unanimously that the City Attorney be appointed Technical Advisor to the Charter Revision Committee. I Mayor Forman adjourned the meeting at 10:50 p.m. until February 28, 1967 at 7 p.m. in the Counci amber. ~~-~~~~ City Clerk' 8. 2-21-67 T RAN S C RIP T ION OF THE PROCEEDINGS IN CONNECTION WITH THE HEARING ON BOWLING SQUARE, INC. (REGULAR MEETING OF THE ARCADIA CITY COUNCIL, FEBRUARY 21, 1967) Mayor Forman: I City Attorney: , Mr. Nicklin City Clerk: Witnesses: I First item tonight is a hearing. This is the time scheduled to receive testimony and to consider and make determinations concerning revocations, suspension and modification of a permit heretofore issued for the conduct of a bowling alley at 1020 South Baldwin Avenue. I would request that our City Attorney at this time take the testimony in the case for the City of Arcadia. Pursuant to the direction of the City Council, notice was sent to the permittee, officers and managers of the bowling alley at 1020 S. Baldwin Avenue, to appear and show cause tonight why the permit heretofore issued to said business should not be either revoked, suspended or modified. The' hearing will proceed substantially as follows: The Clerk will administer the oath to all persons who may wish to testify in any respect concerning' the matter before the City Council. I will then direct a few brief questions to the City Clerk concerning notice, will then put on testimony of the people showing violations of the conditions of the permit and after the conclusion of the City's presentation, the permittee, or anybody on his behalf, will be heard. A limited cross examination will be permitted of any witness by questions directed through the Chair, not directly to a given witness, and such questions will be directed at the close of that particular witness's initial testimony. Madam Clerk, will you swear in any and all persons that may wish to be heard with respect to Item 1 on the Agenda. If those intending to testify will please rise and collectively be sworn. (Officers Secrest, Desilets, Honaker and Ocello rise.) Do you solumnly swear the testimony you are about to give in any matter before this City Council, is the truth, the whole truth, and nothing b~t the truth, so help you God. I do. 1. Bowling Square, Inc. February 21, 1967 - Continued City Attorney: City Clerk: City Attorney: Councilman Butterworth: I Councilman Arth: Mayor Fonnan: City Attorney: City Clerk: City Attorney: City Clerk: City Attorney: Madam Clerk, do you have before you a certified copy of the Minutes in which the permit to conduct a bowling alley at 1020 S. Baldwin Avenue in the City of Arcadia was issued for the calendar year of 1967. Yes, I do. Those are to be received and made part of the record in this particular area. A motion to that effect would be in order. I so MOVE, Mr. Mayor. Second If no objections, so ordered. Secondly, Madam Clerk, did you cause notice of the time, place and date and hour of this hearing and the purpose thereof, to be served upon the officers and manager of Bowling Square. Yes, I did. Do you have an affidavit of mailing of said notice? I have an affidavit of mailing by regular mail. I have an affidavit of mail by certified mail and I gave the Police Chief letters for a personal delivery. Those affidavits and part of this record. order. reports are to be received and made a A motion to that effect will be in Councilman Rage: I so MOVE. Counci lman Considine: Mayor Forman: City Attorney: I Sergeant Secrest: Second If no objections, so ordered. I will now call on officers of the Arcadia Police Department. I would like to call first, Sergeant Secrest. Will you stand at the microphone, Sergeant. Did you have occasion to be present at the Bowling Square, 1020 S. Baldwin Avenue at approximately 7 p.m. on February 9, 1967.. Yes, Sir. 2. 2-21-67 Bowling Square, Inc. . February 21, 1967 - Continued City Attorney: Sergeant Secrest: City Attorney: Sergeant Secrest: I City Attorney: Councilman Butterworth: Councilman Considine: Mayor Forman: City Attorney: Sergeant Secrest: City Attorney: Sergeant Secrest: City Attorney: Sergeant Secrest: City Attorney: Sergean t Secrest: I City Attorney: Sergeant Secrest: After leaving there did you file a report with the Arcadia Police Department. The following morning, February 10. I will show you what purports to be a document filed by you and ask you if that is a true copy of the report made by you. Yes sir, this is. I ask that this be received and made a part of this record. A motion to that effect would be in order. I MOVE that the same be made a part of the record in this hearing, Mr. Mayor. Second. If no objections, so ordered. Directing your attention to said report dated February 10, 1967, being marked for identification as City I s Exhibit "A", I will ask if each and every fact therein is true to your own knowledge. Yes, Sir. I will ask you briefly if at that time you ordered a 7-up highball. Yes, Sir, 7-high. Was it served to you. Yes, Sir. And where was it served to you. I was sitting around the tables to the left of the desk on the concourse in the bowling alley at Bowling Square, 1020 S. Baldwin Avenue. Did you on that occasion see one Ed Vander Meu1en. Yes, Sir, I did. 3. 2-21-67 Bowling Square, Inc. February 21, 1967 - Continued City Attorney: Sergeant Secrest: City Attorney: Sergeant Secrest: City Attorney: I Sergeant Secrest: City Attorney: Councilman Butterworth: Sergeant Secrest: Councilman Butterworth: City Attorney: Detective Desilets: City Attorney: Detective Desilets: I City Attorney: Detective Desilets: Did you have a conversation with him. Yes, Sir. Who was present. Myself, Officer Farr and Mr. Vander Meu1en. You may refresh your memory from your report if need be, and I will ask you what was said at that conversation, by whom and to whom. I asked if he was Mr. Vander Meu1en and he stated that he was. I informed him of his constitutional rights, the right to remain silent, to have an attorney present at all times; that anything he might say could be used against him and if at any time during that interrogation he wished to terminate the interview he could do so. He was also informed he was in violation of Arcadia Municipal Code Section 6312.5 contrary to the terms of the permit to operate a bowling alley. He stated he understood and waived a right to an attorney and after this he made no further comment. I left the bowling alley. That is all the questions I have of this witness. Does anyone wish to ask him any questions. Sergeant Secrest, do you recognize Mr. Vander Meu1en as being present at the hearing at this time. No, Sir, I don't. I have no other questions. I would call next in order then, Detective Desilets. Would you state your full name please. My full name is Alfred A. Desilets. Your occupation, please. Police officer, City of Arcadia. How long have you been so emp10y~ed. Shortly over 6 years. 4. 2-21-67 Bowling Square, Inc. February 21, 1967 - Continued City Attorney: Detective Desilets: City Attorney: Detective Desilets: City Attorney: I Detective Desilets: City Attorney: Detective Desilets: Mr. Nicklin: Detective Desilets: City Attorney: Detective Desilets: City Attorney: Detective Desilets: City Attorney: Detective Desilets: City Attorney: Detective Desilets: City Attorney: I Detective Desilets: Did you on February 10, 1967 at approximately 7:30 p.m. have occasion to be in Bowling Square at 1020 S. Baldwin Avenue. Yes, Sir, I did. And at that time did you order a drink. Yes, Sir, I ordered v-o and 7-up. And was it served to you. Yes, Sir, it was. Where was it served to you. Directly to the rear of alleys 37 and 38. Did it appear to you to be whiskey and water. Yes, Sir, it did. By whom was it served to you. It was served by a waitress named Barbara Eckert. Were there any children present at that time. Yes, Sir, there were numerous juveniles, in and around the concourse and in the nursery. Did you have occasion that evening to see one Mr. Goldstein. Yes, Sir, I did. Did you have a conversation with him. Yes, Sir, I did. Where did the conversation occur. In the cocktail lounge. 5. 2-21-67 Bowling Square, Inc. February 21, 1967 - Continued City Attorney: Detective Desilets: City Attorney: Detective Desilets: I City Attorney: Detective Desilets: City Attorney: Detective Desilets: City Attorney: Detective Desilets: City Attorney: Detective Desilets: City Attorney: Detective Desilets: City Attorney: I Detective Desilets: Who was present. Myself, Policewoman Reynolds, Waitress Barbara Eckert and Richard Goldstein. What was said, by whom and to whom. Mr. Goldstein was advised of his constitutional rights, the right to remain silent, to have an attorney present at all times; that anything he might say could be used against him and that if anytime during the interrogation he wished to terminate the interview he could do so. Mr. Goldstein stated he understood, and that he does have an attorney. Was there anything further said by Mr. Goldstein. We asked him about the announcement of serving drinks on the concourse and how long he had been serving drinks in the area and to this he replied, "about a week or so ago". Did he make any reference to Mr. Vander Meulen. You may refresh your memory from your report. He stated he had talked to Mr. Vander Meulen. I don't remember getting into any conversation as to their conversation. he did state he had talked to him and knew what was taking place. Did you cause a report to be made of your activity at this location on that evening. Yes, Sir, I did. To whom was that made and when. It was made on the 11th of February and was turned over to Captain Williams of the Arcadia Police Department. This is what pur,ports to be a copy of the report dated February 11, 1967 signed by yourself and ask you if that is a true copy of the report just testified to by you. Yes, Sir, it is. And is each and every fact therein set forth true of your own knowledge. Yes, Sir. 6. 2-21-67 Bowling Square, Inc. February 21, 1967 - Continued City Attorney: Councilman Considine: That is all the questions I have of this witness. Does anyone else wish to ask this witness any questions. Anyone of the Council. In the audience. Motion will be in order that the report just testified to by Officer Desilets be received in the record as City's "B". Councilman Arth: Second I would so MOVE. Mayor Forman: I City Attorney: City Attorney: Officer Honaker: City Attorney: Officer Honaker: City Attorney: Officer Honaker: City Attorney: Officer Honaker: City Attorney: Officer Honaker: City Attorney: Officer Honaker: City Attorney: I Officer Honaker: Hearing no objections, so ordered. Thank you Officer. Is Officer Honaker in the audience. Will you state your full name, Officer. Richard L. Honaker Your occupation. Police officer for the City of Arcadia. How long have you been so employed. Five years. Did you on February 11, 1967 have occasion to be at Bowling Square, 1020 S. Baldwin Avenue. Yes. At approximately 6:55 p.m. That is correct. Did you at that time and place order a beverage. I did, Scotch on the rocks. A what? Scotch on the rocks. 7. 2-21-67 Bowling Square, Inc. February 21, 1967 - Continued City Attorney: Officer Honaker: City Attorney: Officer Honaker: City Attorney: I Officer Honaker: City Attorney: Officer Honaker: City Attorney: Officer Honaker: City Attorney: Officer Honaker: City Attorney: Officer Honaker: City Attorney: Officer Honaker: City Attorney: Was it served to you. Yes, it was. Where was it served to you. I was sitting at the first table to the right of the main desk on the concourse of the bowling alley. By whom was it served to you. By a waitress whom we later identified as Doris Blake. Did you taste the drink that was served to you. I did. Did it appear to be that which you had ordered. It appeared to taste the same as Scotch and water. Did you cause a report of this matter to be made to the Police Department. I did, When, On the morning of February 13, This is what purports to be a copy of the report dated February 13, 1967 and signed by Officer Honaker and ask you if that is a true copy of the report that you made to the Police Department. Yes, it is. Motion will be in order that the report of Officer Honaker be received and made part of the record of City's Exhibit "C", Councilman Arth: I so MOVE. Councilman Hage: Second I 8. 2-21-67 Bowling Square, Inc. February 21, 1967 - Continued Mayor Forman: City Attorney: Officer Honaker: City Attorney: I Officer Honaker: City Attorney:' Sergeant Oce110: Sergeant Oce110: City Attorney: Sergeant Oce110: City Attorney: Sergeant Oce110: City Attorney: Sergeant Ocello: City Attorney: Sergeant Ocello: City Attorney: I Sergeant Oce110: If there are no objections, so ordered. Were there any minors in the bowling alley at that time, Mr. Honaker. There appeared to be juveniles under the age of 18. We did not check their identification but they appeared to be under 18 sitting at the table just right of us - 4 juveniles. Will you state that without equivocation that they were certainly under 21. Definitely. I have no further questions of this witness. Does any member of the Council. Does any member of the audience. Thank you. I will next call, Sergeant Oce110. Please state your full name, Sergeant. Joseph J. Oce110. Your occupation. Police Officer, City of Arcadia. How long have you been so employed. Twenty years. Did you have occasion on February 12, 1967 at approximately 8:20 p.m. to be in Bowling Square, 1020 S. Baldwin Ave., Arcadia. I did. Did you at said location and time order a drink. I did. What was it. What did you order. Scotch and water. 9. 2-21-67 Bowling Square, Inc. February 21, 1967 - Continued City Attorney: Sergeant Ocello: City Attorney: Sergeant Ocello: City Attorney: I Sergeant Oce110: City Attorney: Sergeant Ocello: City Attorney: Sergeant Oce110: City Attorney: Sergeant Ocello: City Attorney: Sergeant Ocello: City Attorney: Sergeant Ocello: I City Attorney: Was it served to you. It was. Where was it served to you. I was sitting in the center c~ncourse between the coffee shop and the bowling desk. By whom was it served to you. By a waitress later identified as Frances L. Lugo. Did you cause to be made or did you make to the Arcadia Police Department a report of your activities at this location and what date was that. On February 13, Monday morning. This is what purports to be a report dated February 13, 1967, and signed by Sergeant Oce110 and ask you if that is a true copy of the report that you thus made. It is. Is each and every fact therein set forth true of your own knowledge. They are. Did you at that time and place see a William Leroy Stempke. I did. Under what circumstances did you see him. After notifying the waitress of the violation, I asked her if she wanted to contact her boss. She said she did. I was taken over to the desk where Mr. Stempke was identified and at this time I advised him of his rights; also advised him that anytime he wanted to terminate the interrogation he could do so, and also added that he had the right to have an attorney being present. He said, "yes". Did you have a conversation with him thereupon. 10. 2-21-67 Bowling Square, Inc. February 21, 1967 - Continued Sergeant DCello: City Attorney: Sergeant DCe11o: Mr. Nicklin: Sergeant Oce11o: I City Attorney: Sergeant Dcello: City Attorney: Sergeant DCe11o: City Attorney: Sergeant DCe11o: City Attorney: Sergeant Oce11o: City Attorney: Sl'!rgeant Dce11o: City Attorney: I Sergeant Dce110 Yes, I did. Who was present. Lugo was present, the waitress and he. Where did this occur. At the desk there at the bowling alley. What was said, by whom and to whom. I asked Mr. Stempke if he had given the waitress orders to serve liquor and he said, no. I asked if he knew they were in violation of the Municipal Code 6312.5, and he stated he did not know about the violation. When asked if he wanted to make any further statements he said, no and that he did not know anything further regarding the serving of alcoholic beverages on the concourse. Did he state to you what his capacity or connection with Bowling Square was. He did state at the time that he was Manager being that there was no one else around. And was he with in your view - or to put it this way, were you and the waitress within his view at the time you were served the drinks. Yes. If I may add, during the conversation he asked whether I was going to arrest him. I didn't answer. That was it. Were there any persons under the age of 21 present in the bowling alley at the time you were served this drink. At the time I was there I didn't notice anyone under 21. Did you taste the drink that was served to you. Yes. Did it appear to you to be that which you had ordered. Yes. 11. 2-21-67 Bowling Square, Inc. February 21, 1967 - Continued City Attorney: Councilman Considine: I have no further questions of this witness. Does any member of the Council. Does anyone in the audience. A motion would be in order that the report of Sergeant Oce110 be received as part of the record as City's Exhibit "D". MOVE Councilman Rage: Second Mayor Forman: I City Attorney: City Attorney: Mr. Stevenson: I If no objections, so ordered. For lack of anyone else so doing I will take the stand. I do solumn1y swear that any testimony I may give in the matter now pending before the City Council to be the truth, the whole truth and nothing but the truth so help me God. Let the record indicate that I see sitting in the second row, second, seat, the person that I recognize as having represented himself to be Edward Vander Meu1en; that he has been here throughout the hearing thus far conducted. Any questions. Is there anyone in the audience who wishes to be heard or to present any type of testimony with respect to the matter now pending before the City Council. Mr. Nicklin, Mr. Mayor, members of the Council, my name is Jerome Stevenson, the law firm of Morello & Stevenson with offices at 8221 East Third Street in the City of Downey, Suite 202. I am here tonight as the attorney for Bowling Square, Inc. I had hoped that at the opening of this record we would be asked to identify ourselves so I cou1gmake a motion. Unfortunately since we were not requested to identify ourselves the hearing has proceeded. In defense of Bowling Square, I can only state to the Council that I am not in a position tonight to offer a defense to any charges primarily because the letter notifying us of this hearing did not specify the nature of the allegations against us. I have in my possession a letter dated November 14, correction February 14, from the City Clerk advising Bowling Square and some of the individuals mentioned here tonight that this hearing would be conducted this evening at 8 o'clock and that it was set at an adjourned regular meeting of the City Council. I would assume that that was an executive session. We were not given any notification at least that any prior activity concerning this hearing had taken place before the Council. The letter further specifies that at 12. 2-21-67 I I Bowling Square, Inc. February 21, 1967 - Continued Mr. Stevenson Cont'd: City Attorney: Mr. Stevenson: City Attorney: Mr. Stevenson: City Attorney: Mr. Stevenson: this time and place a public hearing for the purpose of receiving additional testimony would be held. Again we were unaware that any prior testimony, if any prior testimony has been taken, we were unaware of it, this being the only notification we had of the hearing this evening. The letter provides as I understand it that the Council proposes to consider and determine whether or not a license issued to these:premises should be revoked, suspended or modified. It does not state the nature of the alleged violation upon which we are to prepare our defense. For that reason we have no defense here this evening and were unaware of the nature of the testimony. At least I was unaware of the nature of the testimony to be offered, the identity of the witnesses and what the basic premise was with regard to this particular hearing, there being no specificity in this letter which was forwarded by the City Clerk to Bowling Square. We have been in the audience and I have listened to the four officers testify and I do feel that we could prepare a defense to this matter if we were given an opportunity to do so. The letter was apparently dictated or mailed seven days ago. I have had it in my possession for the last four or five days but again I have had not had an opportunity to determine the nature of the charge or the manner in which we could defend ourselves if that be possible before the Council. For that reason I would request that this matter be set over at least until your :next regular meeting to give us an opportunity to prepare whatever defense might be available to us on the charges. Did you make any effort to find out what the charges might be. No, Sir, I have been engaged in a jury trial for the last two weeks, every day. I have not been in my office except twice during the evening in the last two weeks. You have no associates in your office. I have an associate, yes. Did he make any effort to find out any more about this. No, not to my knowledge. Additionally, it is my understanding that there were three permits issued to the premises. I cannot determine from the letter which of the three or if all three permits are in question here. As I understand it there is one for the operation of the bowling alley, one for the operation of the cocktail bar and a license that was issued for the operation of certain automatic equipment on the premises. 13. 2-21-67 Bowling Square, Inc. February 21, 1967 - Continued Councilman Butterworth: Mr. Stevenson: Councilman Butterworth: Mr. Stevenson: I Councilman Butterworth: Mr. Stevenson: Councilman Butterworth: Mr. Stevenson: Councilman Butterworth: Mr. Stevenson: City Attorney: Mr. St evenson: City Attorney: Councilman Butterworth: I Mr. Mayor, may I be heard on this matter. Mr. Stevenson, as the attorney for the Bowling Square, Inc., I take it at least now you are aware of the nature of the charges. Yes, I am. May I also assume that you are also aware of the permit that is in question. I am aware that three permits have been held and were renewed for this year. I cannot determine from this letter that was sent to us which permit is involved in this particular hearing. What would you require. What would satisfy you in that regard with respect to the identity of the permit. I would like to know from the Mayor or from the City Attorney which of the three permits, if only one is an issue, I would like to know which of the three is in issue. Would a letter from the City Attorney satisfy your requirements on that matter. An oral representation this evening would satisfy my requirements. I think we would all want to be careful about it and rather than have any error of inadvertence, I take it then that a letter from the City Attorney identifying the permit in question would satisfy your requirements. Is that right. It would, sir. For the purpose of accelerating his information to be confirmed by such letter I would state that it is the permit referred to in the minutes which were made a part of this hearing earlier in the evening, the permit issued by this City Council to conduct a Bowling Alley at 1020 S. Baldwin Avenue under the name of Bowling Square. Then we are concerned solely with the permit involving the bowling alley and not the permit involving the cocktail bar. That is correct. Mr. Stevenson, what else will you require. You know the nature of the charges now. The permit has been identified and will be confirmed by letter, you have requested a continuance. What else. Do these satisfy you. 14. 2-21-67 Bowling Square, Inc. February 21, 1967 - Continued Mr. Stevenson: Councilman Butterworth: I Mr. Stevenson: Councilman Butterworth: Mr. Stevenson: Councilman Butterworth: Mr. Stevenson: Councilman Butterworth: Mr. Stevenson: Councilman Butterworth: I Mr. Stevenson: May I ask if the Council proposes to offer any additional evidence or any other witnesses or any other testimony concerning this matter, or have we heard the sum and substance of the alleged violations. Well, suppose we wanted to - let me withdraw that. Assume that this Council agrees that this matter should go over two weeks to give you ample opportunity to provide a defense and suppose at that time we desire to offer additional testimony, would you feel that the rights of your client have been breached in any way by additional evidence. No, Sir, not if the nature of the testimony would be substantially what was offered here this evening. I am only concerned with the possibility of additional and collateral issues which have not been brought up. I think probably Mr. Nicklin can speak more to the point, but I assume the sole issue is the violation of our Municipal Ordinance prohibiting the sale of intoxicating beverages. There wouldn't be any other collateral issues and the testimony would be directed, if there is any additional testimony, to that point. I would accept that representation. Mr. Mayor, I again, subject to the thinking here of Mr. Nicklin, but it would be my feeling in the matter that this matter should be continued to give Counsel every opportunity to provide a defense for his client in this case, because we certainly want to be sure that he has that opportunity and it would be my thinking then that we continue the matter. It is obvious to me that his client is selling liquor - at least the evidence is uncontradicted to date on it - I hate to see this thing continue for a matter of two weeks. Suppose we continue it for a period less than two weeks. Could you prepare your defense in less than two weeks, Mr. Stevenson. With the kind permission of the City of Lynwood, perhaps I could. May I make a further inquiry. Are you the attorney that represented this same client in the civil proceedings. Yes, I am. May I also ask you if we continue this hearing one week, would your client continue to sell intoxicating beverages in the bowling alley. If my client is ~elling at the present time, it is against my recommendation 'that he do so. As you recall at the time the litigation was previously filed, for some considerable 15. 2-21-67 Bowling Square, Inc. February 21, 1967 - Continued Mr. Stevenson Cont'd: Councilman Butterworth: I Mr. Stevenson: City Attorney: Councilman Butterworth: Mr. Stevenson: Mayor Forman: Mr. Stevenson: City Attorney: Mr. Stevenson: Councilman Butterworth: I Mr. Stevenson: period of time prior to that they had been doing so, it was upon my personal recommendation at the time the law suit was filed, that they not do so to accord at least some courtesy to the Council although we disagree with the legal premise upon which your action is predicated. It was none the less my feeling that it should have been in a matter of good faith. I cannot answer your question at this time without consulting with my client. Why don't you consult with your client now because I think we would like to accord your client every opportunity for a fair hearing; on the other hand it seems to me that during the continuance of this matter that we should keep everything in status quo and by that I mean he does not sell intoxicating beverages during this period of the continuance, assuming that he is now selling them. May I have a few minutes to confer with him. While you are so conferring with Mr. Stevenson, I would like the records to show that the order of theCity Council directing the hearing to be held tonight and the issuance of the notice thereof, was made an adjourned meeting to be held tonight. There was no executive meeting in which testimony was taken. I didn I t mean meetings. It that I am not to imply that you gentlemen were said adjourned regular meeting. familier with. holding secret It is a term We adjourned to this room to a regular meeting on this specific date. Was there any notification given to Bowling Square that the matter would be conducted or discussed at that time by the Council. To my knowledge there was none. No special notice. Or any minutes of the meeting of the Council at that time forwarded to the respondent. That is why we are having the meeting tonight to give him an opportunity to be heard. I don't think our ordinance, nor is there any provision of law that I am aware of at least, that would require any special notification to Mr. Vander Meulen or Bowling Square under these circumstances. But will you consult with your client at this time Mr. Stevenson. Surely, if I may. 16. 2-21-67 Bowling Square, Inc. February 21, 1967 - Continued Councilman Butterworth: Mayor Forman: City Attorney: I Councilman Butterworth: May I ask my colleagues - I don't mean to be presumptuous on this thing to speak for you but - whether or not the position of Mr. Stevenson is correct. We don't want to get hung up in a technicality. If the Council would go along on it, I myself would certainly be willing to grant a continuance in this matter. Monday nite. Tuesday is Planning Commission. I assume you would like to have it here. We could meet at 7 o'clock, Mr. Mayor, and the Planning Commission still could meet at 8 o'clock, but in any event if my colleagues would go along on it I would like to See a continuance granted. Councilman Rage: Row long would the hearing take. City Attorney: Councilman Considine: City Attorney: Councilman Considine: Councilman Butterworth: Councilman Considine: Councilman Butterworth: I Certainly no longer than two or something less than that. I am informed that Tuesday night is going to be the Planning Commission's hearing on R Zone, and as such you will have too big an audience to move. This hearing need not be held here. We can adjourn to the conference room if it meets with your approval. I would suggest either the 27th or to be held over to the next regular meeting. If they will agree to desist from this course of conduct in what I think has-at least in the evidence so far - has oper- ated"in a notorious defiance of the City ordinance, if they will agree not to sell liquor then I would have no objection to going over two weeks or however long he wants. On the other hand if the answer of Mr. Stevenson is that his client is going to continue this same course of conduct, then I would hope that maybe we could meet Monday. If he is going to continue the same conduct is there any need for a continuance. Yes, in my where even to prepare judgment. We don't want technically this Counsel a defense. to be in a position has not had an opportunity 17. 2-21-67 I I Bowling Square, Inc. February 21, 1967 - Continued City Attorney: If you prefer to await their answer I will have something to say if their answer is in the negative. (5 minute recess at 8:40 p.m.) lli.&n~~: . Councilman Butterworth: Councilman Butterworth: City Attorney: Councilman Butterworth: Mr. Stevenson: Councilman Butterworth: lli. Stevenson: Councilman Butterworth: Councilman Considine: I have discussed this with lli. Vander Meu1en outside in the last couple of minutes and because of the possible criminal prosecution that might arise out of any statement made by lli. Vander Meu1en, I feel on reflection that I could only advise him to make no representations one way or the other because any statement he might make might tend to incriminate him. So I am not in a position at this time to make any representations to renew my motion for continuance. lli. Mayor, I should then like to move that lli. Stevenson's request for a continuance be granted to the end that he has an opportunity to be adequately informed of all aspects of this proceeding and ample time to prepare a defense. I would MOVE that the matter then be continued to this place at eight p.m. - in the evening - of next Monday. (Discussion held re time of meeting) What about seven o'clock on Tuesday. It would give you enough time and if not you could recess to the meeting at 10 minutes to 8 to the Conference Room and proceed there. lli. Stevenson, is your calendar clear on that night,a week from tonight. Tuesday at 7 o'clock in these chambers. Will that meet your requirements. Yes, thank you. May I make one further request. May the officers who testified tonight return at that time for possible cross examination - or at least questions according to the rules set out. lli. Mayor, I MOVE then that this Council direct the witnesses who are present in the Chamber at this time to return to these Chambers on Tuesday evening, February 28 at 7 p.m. Second 18. 2-21-67 Bowling ,Square, Inc. February 21, 1967 - Continued Mayor Forman: Councilman Butterworth: City Attorney: If there are no objections, so ordered. Maybe the City Attorney will then direct these witnesses. And then a second motion that this matter be continued to 7 o'clock p.m. in the Council Chamber on February 28, 1967. (This motion is to have the witnesses reappear.) Councilman Rage: So MOVE. Councilman Arth: Second. I City Attorney: Mr. Stevenson: City Attorney: Mr. St evenson: . I Notice waived, Mr. Stevenson. Notice waived. In view of the refusal to answer Mr. Butterworth's question, let the record state that no representations have been made; that no further action of any kind will or will not be taken by the City in the intervening week. I understand. Thank you very much. 19. 2-21-67