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HomeMy Public PortalAboutCity Council_Minutes_1963-02-21_Special 1963PUBLIC HEARING JOLLY COACHMAN FEBRUARY 21, 1963 Mayor Tyrell called the Public Hearing to order at 7:35 P.M. at the City Hall and led the Pledge of Allegiance to the Flag. vocation. Rev. Lyman Ellis of the First Methodist Church gave the in- Roll Ca }l as follows: PRESENT:Councilmen- Dickason, Fitzjohn, Merritt, Nunamaker, Tyrell ABSENT: Councilmen -None ALSO PRESENT: City Attorney Shatford, City Manager Woollett Mayor Tyrell advised the audience that the Fire Dept. limit- ed occupancy of the Council Chambers to 100 people seated and anyone standing would have to remain outside but if the wished to testify they mould be called from outside. He then advised the audience that the Hearing concerned Dance License # 8135 and Entertainment License # 8136 issued to Hal Broadhead at 9151 -53 Las Tunas Dr., Temple City. Mayor Tyrell advised he was concerned with this issue how- ever resolved. In view of the fact of the import of this Hearing, and as he represents the estate leasing the property to Mr. Broadhead, he consulted with the City Attorney regarding his eligibility to preside and vote at this Hearing and requested the City Attorney to render his opinion. City Attorney Shatford advised the Mayor asked him to rule on the question whether he should disqualify himself.due to conflict of interest as he represents the landlord involved in this case. Following research it is his conclusion that the Mayor should not vote in this particular matter, that he cannot and should not act and vote in this particular matter and should disqualify himself. Mayor Tyrell, in view of the opinion of the City Attorney, disqualified himself as Chairman, as well as voting. At this time the Mayor left the Chair. The City Attorney advised in the absence of the Mayor it would be his duty to rule that the Mayor Pro Tem takeover the - chair, and requested Councilman Nunamaker to assume the Chair and act as Chairman of this particular Hearing. Councilman Nunamaker assumed the Chair and stated he hoped he could conduct this meeting in a way pleasing to everybody and to both sides and referred the matter back to the City Attorney. City Attorney Shatford explained the Hearing concerned two licenses, No, 8.13. 5 or Dance, and No. 8136 for entertainment, both issued to Hal Broadhead conducting a business known as the Jolly Coach man located at 9153 Las Tunas Dr., Temple City, and whether these licenses should be revoked. The City Attorney read in full Sections in the License Code concerning rules of license requirements and various grounds for revocation of the licenses concerned in this Hear- ing. He also advised testimony should be directed along lines he had explained in detail, also that people who are going to testify are to be sworn in. The protestants will be given opportunity to speak first, secondly the licensee will be given full opportunity to be heard, the attorneys of each side will be given the right to cross - examine any person who testifies! and each side will be given oppor- tunity of rebuttal. Following this the City Council should then state their opinion. He advised after closing the Public Hearing no -one will be allowed to speak or add to. At this time all persons wishing to testify were requested to stand and were sworn in by the City Attor. 415 PUBLIC HEARING, FEBR. 21, 1963, page 2 ney. Mr. Fran Welton, Atty. for the protestants spoke for them - advisin9 their objections were it was a disturbance in the neighbot- hood which interferred with peace and quiet of a substantial number of persons dwelling in the vicinity. They object to the type of enter- tainment as loud and improper. He called upon Lyman Ellis as his ,first witness. City Attorney Shatford advised everyone that all testimony should be on matters that have occured after October 8th meeting before which is not germane;. Attorney Welton, attorney for the protestants, presented in evidence a petition signed by 105 persons residing in the vicinity as to not enough parking, disturbances, and noise, all of which con- stitutes a nuisance. City Attorney Shatford accepted the petition as ruled by the District Court a petition may be received as a person for or against a matter but not for the truth of any statements con- tained therein. Attorney Howser for the Licensee stated on the peti- tion the names were listed separately for man and wife which by con- sidering would lessen the number of petitioners. Rev. Lyman Ellis of the Methodist Church spoke first in fav- or of the petitioners, followed by Norman Scott, 6558 N. Golden West, Morris Turner, 9144 Hermosa, Mrs. Jos. W1, Lang, 9133 E. Hermosa, Mrs. Viola Turner, 9144 Hermosa, Marjorie Walters, 9145 E. Hermosa Dr., John Walters of same address, Jean Cartright, 9132 Hermosa, W. W. Morrell, 6012 N. Loma. Each of the above was questioned in detail by Attorney Howser for the Licensee and Attorney Welton for the petioners as well as some questioning by the Councilmen. • Mayor Pro Tem Nunamaker declared a five minute recess at this time, 9 :10 P. M. At 9:15 P. M. Mayor Pro Tem Nunamaker re- convened the Councr Attorney Fred Howser representing the Licensee, Hal Broad- head proceeded to call him to testify in his behalf. He advised he had a beer and wine establishment and the clientele was composed of the age bracket of 20's and 30's, seats 120 people. Offered in evi- dence were photographs showing parking areas and relation to the alley as well as the residences on the other side of the alley, Exhibits #1 through #7, and a map showing the location of the establishment in relation to other such places in the area, and showing the zoning which is proper in this case. This map became Exhibit #8. He testified he had permission to use adjoining parking lots and across the street at the shoe shine place. Also that all of the parked cars in the area were not of his customers as many were for the Kon Tiki which is lo- cated some 200 ft. from the Jolly Coachman, and also the Shamrock and several other establishments. Joe Rail, 5921 N. Loma, advised he lived across the street and two houses from Turners and across the alley from Lanns and the noise from the Jolly Coachman did not disturb them, nor did he consid- er there was a parking problem, and he did not find the entertainment offensive. The following testified in a similar manner supporting the above testimony: Garry Tieman, 8543 Fairview, San Gabriel, Bill Greene, 15952 McKinley;; Whitt ier, both of the business address 9627 Las Tunas Dr. Temple City, Craig Shoemaker of 9457 E. Olive, Temple City, C. L. Clark of 9026 Las Tunas. Seven in the audience raised their hand as wishing to testify in favor of the licensee, six of whom were Temple City residents. William C. Phillips, 100 Linda Vista, Pasadena, advised he was associated with Attorney Howser and had investigated regarding this case. He advised of 25 houses on Hermosa between Encinata and Loma thatonly 8 houses signed the petion. In checking the parking the past several weeks he had not found excessive parking in the residential area, and he observed nothing of an unusual nature at the Jolly Coach- 416 PUBLIC HEARING, FEBR. 21, 1963, page 3 Attorney Howser at this time concluded their portion of the Hearing, and offered all photographs in evidence together with the map which contain evidence in support of testimony on behalf of the Licensee. He at this time presented Exhibit #9 the minutes of the tape recorded Jan. 28, 1963, of the Council Meeting. The quotations were from statements of Councilman Nunamaker regarding revocation of the entertainment license which the Council can control and he felt they should exercise this power and revoke the license. Attorney Howser stated there was nothing personal involved but he respectfully requested Councilman Nunamaker to disqualify himself for this Hearing due to the above evidence. City Attorney Shatford advised all documents through #9 will be received. All persons testifying on behalf of the licensee were also cross examined by Attorney Welton and members of the Council. The City Attorney advised the Council when the Public Hearing is closed there will be no further comments from the audience and gave them the opportunity to speak at this time. Councilman Dickason moved to continue the Hearing until next Wednesday night at 7:30 P. M. at the City Nall, Febr. 27, 1963, 96644 E. Las Tunas Dr., Temple City, Councilman Fitzjohn seconded, roll call vote carrying the motion as follows: AYES: Councilmen-Dickason, Fitzjohn, Merritt, Nunamaker NOES: Councilmen -None ABSENT: Councilman•Tyrel1 Adjourned at 11 :50 P. M. until Febr. 27, 1963, at 7:30 P. M. at the City Hall. II ATTEST: 1+17