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.
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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.
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