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HomeMy Public PortalAboutCity Council_Minutes_1963-07-22_Regular 1963" 3. C 1 T � C 0 U N C .1 L CITY OF TEMPLE CITY TEMPLE CITY CALIFORNIA JULY 22, 1963 INITIATION: The regular meeting of the City Council was called to order by Mayor Nunamaker at 7:30 P. M. In the absence of Father Lueur of St. Lukes Catholic Church, City Manager Woollett gave the invocation, following which Mayor Nunamaker led the Pledge of Allegiance to the Flag, 4. ROLL CALL: -- PRESENT: Councilmen- Dickason, Fitzjohn, Merritt, Tyrell,Nunamaket ABSENT: Councilmen -None ALSO PRESENT: City Attorney Woollett and City Manager Woollett 5, APPROVAL OF MINUTES: City Manager' :ioollett corrected item 6 of the minutes of the rer gular meeting of July 8, 1963, to read "table this Resolution until the next regular meeting of the Council ". Councilman Fitzjohn moved to approve the minutes of the regular meeting of the City Council of July 8, 1963, as corrected, Councilman Dickason seconded, carried by the following called vote: AYES: Councilmen-Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -one ABSENT: Councilmen -None UNFINISHED BUSINESS: 6. RESOLUTION NO. 63 -289: Re- Granting Zone Variance to.Gubler Orchid Co., 9441 E. Broadway, with conditions, The City Attorney advised he had no further word from. either Mr. Gubler or his attorney, and he recommended adoption of this Resolution. Following discussion Councilman Merritt moved to adopt Resolution No. 63 -289, Councilman Fitzjohn seconded, and carried by the following roll call.. vote: AYES: " Councilmen-Fitzjohn, Merritt, Tyrell NOES: Councilmen -O-i ckason, Nunamaker ABSENT: Councilmen -None At 7:55 P. M. Mayor Nunamaker declared a 5 minute recess to re- convene again at 8 :00 P, M. 7. PUBLIC HEARING (Protest) : Annexation 6 -A West Tew;p1e City, Inhabited. 8:00 P. M. Mayor Nunamaker declared the Public Hearing opened. City Mana- ger Woollett advised he had received protests from a number of property owners in the area, and under the law this Hearing must be continued For ten days to give others a chance to protest if they so desire. Also the protests were received at 1. :05 P. M. July 22, 1963, and he had not yet had the opportunity to check the protests to see if valid, and he recommended the Council continue the Hearing until the next meeting on August 12, 1963, at 8 :00 P. M. Councilman Tyrell so moved, Councilman Fitzjohn seconded. At,this time Mr. W. Bryant, 8730 & 8632 Las Tunas Dr. addressed the Council stating he was the Chairman of the group protesting this annexation, and respectfully requested the Council to act upon this tonig!;t and end this proposed annexation, The City Attorney advised the City has to check on these protests and to verify the signatures and verify the owners of the properties from the assessment roils, so the Council was not in a position to act on this request at this time. Mr. Bryant asked the City Attorney what the procedure was and the time element involved, and was advised that these protests will have to be checked out with the last assessment rolls in tle county offices, and also during this required ten day period there may be some changes which would be considered at the next meeting. 479 Council Minutes, July 22, 1963, page 2 Mr. Bryant advised they were not satisfied and asked under what law this action was being taken. The City Attorney advised uncle, Section 35121 of the Government Code, and under this section the Council can continue over for the ten day period, and this - Hearing will be continued to check the protests. He also advis- that technically the City could put it over an additional 10 day: if they wished. This cannot be passed on tonight, the City has to have the opportunity to go over the assessment rolls and to justify the signatures, Mr. Bryant advised they will bow in good faith to our good faith but again re- emphasized the majority of the people have signed the protests and do not wish to be annexed to Temple City, and do not wish for anything to slip by them, and want that perfectly clear. They do not want to join Temple City and wish to stay in the County, He felt there will be expansion and taxes will increase in the future. They re- quested a transcription of this Hearing and was advised by the City Attorney that we will give them a copy of the minutes of this meeting, and will continue the Hearing until the next regu- lar meeting, at which time the Council will close the Public Hearin „and their petition will have been checked, and the Council will make a determination on the protests at that time. He also advised they can add signatures to the petition during this time, or people can withdraw their signature, and when -- finally closed the Council will check and determine the percent- age of protests and make a determination. He stated, "we have t follow the law, and if your petition is sufficient we will have to terminate the proceedings, we have no other choice." Roll call vote to carry the motion as Follows: AYES: Counci 1men-Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -;cone 1 PUBLIC HEARING: 8:15 P. M. East side Pal Mal, Freer to Lora, & West side Pal Mal, Freer to Key West. City Manager Woollett presented the petition for the east side of Pal Mal, Freer to Lora, and advised it represented 82.8% of the property owners. Councilman Merritt moved to open the Public Hearing, Councilman Fitzjohn seconded and carried. Mayor Nunamaker declared the Public Hearing opened and asked if anycno wished to speak for or against this installation. No one came forward, Councilman Tyreli moved to close the Public Hearing, Councilman Fitzjohn seconded, carried by the following vote: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -Hone ABSENT: Councilmen -None Councilman Merritt moved to determine the improvement in the public interest and instruct the Supt. of Streets to cause the work to be done, Councilman Tyrell seconded, and carried by the following called vote: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None City Manager Woollett advised a petition had been received for the west side of Pal Mal, Freer to Key West, and that 82,3% of the property owners had signed the petition. Councilman Fitzjoh moved to open the Public Hearing, Councilman Merritt seconded an carried. Mayor ?unamaker declared the Public Hearing opened and asked if anyone wished to speak for or against this installation. No one came forward to speak, Councilman Merritt moved to close the Public Hearing, Councilman Fitzjohn seconded and carried. Councilman Merritt moved to determine the improvement to be in the public interest and to instruct the Supt, of Streets to causc . the work to be done, Councilman Fitzjohn seconded, roll call vote to carry as follows: AYES: Counci linen rDickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -Hone ABSENT: Councilmen-None 480 Council Minutes, July 22, 1963., page 3 9. PUBLIC HEARING 8:30 P. M., JOLLY COACHMAN- REQUEST FOR RENEWAL OF ENTERTAINMENT LICENSE #8136 for 1963 -1964 Councilman Fitzjohn moved to open the Public Hearing, Councilman Dickason seconded, Tyrell: I talked to Judge Gittelson, ie will have a decision in a week': time. I think a great deal of time, effort, and money involv- ed in the present Hearing before the Court, and the Council would do well to listen to the decision before it conducts a Hearing, particularly in this case, and may be guided by the decision, and would be advisable to consider. 1 think this Judge is going to lay down a Few rules as to how a City Coun- cil should conduct Hearings, and would be well advised to take advantage of what the Judge has to say about it without regard to what decision he makes. Shatford: There is nothing in the law to prevent you from proceeding as you have it set down for a Hearing. The matter has been complicated by delay in getting the Judge's decision, as he was involved in a five week trial calendared For two days. If the City's revocation of license were sustained by the Judge. the applicant or licensee cannot apply for six months from.the date of revocation and.this Heari;ng,would become a moot matter He could not re -apply until Sept. 12. There is nothing to pre- vent the City from determining what they want to do regarding' issuance For this calendar year. If the Judge does support the City's revocation, this Hearing would be rendered a nullity under the law and he could not even ask for a license until Sept. 11. I think you can proceed to determine what you want to do. net Jack is suggesting, which suggestion does have merit, is that you wait until after he does render a decision in a week or so, and if he supports the City there is no need to go ahead with this matter, but on the other hand, if he finds against the City on that revocation, then this Hearing would be absolutely valid as we are proceeding on issuing him a new license for a new year and that is your absolute right to make that determination in my opinion. Roll call vote to open the Public Hearing as follows: AYES: Councilmen — Dickason, Fitzjohn, Nunamaker NOES: Councilman- Merrftt ABSTAI §vING: Councilman- Tyrell ABSENT: Councilmen -None Shatford: It is pretty clear that this is a Hearin° held to determine whether or not you are going to issue an entertainment license that is the only license involved here, to issue entertainment license to Hal Broadhead, and the City Council can make that determination. This has been set dcwn for a Public Hearing due to two basic facts. The tremendous amount of public inter- est in this and it is only fair that the general public in the area be notified which we did do. We notified the people liv- ing in the general area particularly, and we notified everyone else by the press that there would be this Hearing. The fur- ther fact of the Hearing is that this is a situation where the licensee has been before this body twice now, he was beforE. this body once and the Council did not revoke his license, and he came before the Council again and the Council did revoke his license, and so there is this public interest that is here in this case. So the City Council is going to determine basic ally whether it is in the public interest to renew this li- cense oF Hal Broadhead. Nunamaker: We will hear those now for issuing a new license to Hal Broadhead for entertainment license. Howser: Mr. Mayor, we meet again, For the record I want to say I am Fred N. Howser, attorney for Mr. Broadhead. Normally I would wait until such time as the people who are objecting to this place speak, but I am here in the interest of saving time. I am very glad you had a roll call here tonight where Councilman Tyrell abstained, and Councilman Merritt voted "No ". So that leaves the balance of you Councilmen to what I have to say tonight. I know of no other conduct in behalf oF this. City 481 Council Minutes, July 22, 1963, rage 4 Council that proves itself to be prejudicial against my cliem interest than your co-duct tonight in voting the proceeding as you are on a Public Hearing. Tne basis of my statement is that on May 14th, 1963, the Judge issued his Alternative Writ of Mandate and he said, "it is hereby ordered that an Alternative Writ of Mandamus issued under the Seal of this Court, directed to the City of Temple City, commanding said City to set aside Resolution i °o. 63 -267 revoking petitioners Entertainment License #8136 ", and please gentlemen, listen to this, "that said City shall forthwith issue and re- instate said entertainment license #8136 or in the alternative show cause why it should not be required so to do. For this Court in Department 19 thereof at the Courthouse, Ill N. Hill St,, — City of Los Angeles, County of Los Angeles, State of Californ- ia on the 27th day of May, 1963, at 9:00 A. M. of said day." - Now gentlemen, each of you have been served with that Alterna- tive Writ of Mandate and you responded. Attorneys for both sides Lave filed points and authorities of argument, and that matter is now pending under submission by Judge Gittelson. You gentlemen most of you were there before the Judge so you know in your own mind that this'proceeding is pending. Until this decision is made my client, Mr. Broadhead, and as indi- - cated by your own City Attorney, you members of the City is will not know the yard -stick under which this Judge s. going to declare whether or not in the first instance your re- vocation of petitioners entertainment license is justified. Now how in the world you can proceed tonight and hold a Hearir . on this matter particularly when it said, "Said City shall forthwith issue and reinstate said entertainment license #813 I don't know, I will come back and say if you do you are show - ing a prejudice against my client which is not in the fair - standard of order under our Constitution, this man in his pro- tective right' is entitled to have. Now I want to say further this further to you gentlemen, we believe that the Court Order is a mandatory order, We see no haste in your proceeding on this Hearing tonight when you do not know what the Judge is going; to say. We don't know and until we do know we will not act to protect ourselves in any future Hearing. Now I am go- ing to suggest to you that you grant a continuance of this matter until such time as Judge Gittelson renders his opinion. And gentlemen, i don't say it in any sense of a threat, I say it just strictly in the proposition of law that 1 am here to protect my client's interest. We are not going to continue here tonight. Our presence will be absent. IF you continue with this Hearing, I will assure you that tomorrow or the day after, as soon as possible, and I say please Councilman Dick.ga son and you other gentlemen, I don't say it in any sense of threat, but i will be compelled by your action tonight if you do not continue this case until Judge Gittelson,s opinion is rendered, i can do only one thing and that is to cite you gentlemen who have voted to proceed tonight, in contempt oF the Courts rule or in contempt of Court's Alternative Writ oF Mandate which he issued on the 14th day of May, 1963, because he very definitely said "said City shall forthwith issue and reinstate said entertainment license #8136." Shatford: So the public will understand the situation here I would like to correct Mr, Howser's thinking and refresh his memory on what Judge Gittelson said in open Court. In the first psac Mr. Howser did not know and did not appreciate until the trial of the matter was practically over that the licenses issued in this regard are issued for only one year. At the end of one year they are dead. (hey are just like the license plates on your automobile, You cannot drive your automobile on your license plates the following years when they have expired. This is only for one year sir. Howson did not know this, and in the argument before Judge Gittelson I put the question to Judge Gittelson that this question was rapidly becoming moot before the Court due to the ;act that due to the delays in getting it before the Courts that the license would expire, therefore the decision he would make would not have very great force and effect and woad only have force and effect as to the re- application. Judge Gittelson said from the bench to my best recollection, and clearly said that the license would 482 Council Minutes, July 22, 136:, p:,ge 5 terminate and that any orders made by him would terminate as of the date of the termination of the license. So the license: terminated and we are not violating any Court Order, Mr. Hows- er, by proceeding here tonight. That license is dead, he must° come in and he must ask for a new license like he does for license plates for any car, and this Council has the right to determine whether or not he is to be issued a license for the new year, and Judge Gittelson has no jurisdiction in my opin- ion, of any kind or nature over the proceedings which we are now going forward with. We are proceeding under the law, the law is clear that the City Council in the interest of the gen- eral public and in the interest of the police protection, in the interest of looking after the general welfare of the peopl.:. of the community, has a right to hold this Hearing and there- to determine whether or not a dance license, or an entertain- ment license, or any license is going to be issued For the following year, so I want it absolutely clear that we are ias� no way violating Judge Gittelson's order, which was the order respecting the license which terminated on June 30. And Mr. Broadhead 1 would also like to say, has been operating under a temporary arrangement by the grace of this City Council in not holding the Public Hearing sooner. I would also like to state for the record that Mr. Broadhead did not make proper application for a license to this City, and that had it not been for my advising Mr. Broadhead and his counsel of-the fact that his license would terminate, he would not have had a license after the date of June 30, and not been able to operat at all. The City, in very good behavior, has permitted him tc operate under a temporary arrangement until this Hearing could be held. So I want it absolutely made certain here that this City Council is acting in the very highest of good faith, the have notified and alerted Mr. Broadhead of his own error in n-c personally applying for a license, and permitted him to oper- ate and they are now going to hold a Public Hearing here to determine whether or not he is to have a license for the comin year Howser: Mr. Shatford you say he has not properly applied For a license Shatford: Well, he had not and he did not know this. Howser: He did apply for a new license and properly so. Shatford: When? Howser: At the Sheriff's office, is that not right, Mr. Broadhead, and I sent his check in with a letter to them asking them to re- instate the license and that was prior to our last Hearing in Court. After it is all said and done you are City Attorney of Temple City, and I am not here to argue with you personally but your quotations about what Judge Gittelson said in the Court room are not material. However here is a copy of a written document that is the circumstance of this entire situa- tion, and we are going to stand on it, and we are not going tc consent to this Hearing tonight. You can proceed to if you care to Sir. We won't be here. We are going to stand on our legal right and if this Council proceeds tonight you can be assured of one situation, that I am going to proceed to the Court to get a contempt order on the three members of this Council who are insisting that this proceeding here tonight proceed. After that I have nothing else to say. Shatford: I would like to get it in the record Mr. Howser, in case yoz: order a transcript of these proceedings, that the application here was Filed on June 28 with the City, and the application itself recognizes the fact that Mr. Broadhead must have a new license. Mre Broadhead did not come to the City and say that the Court has said he can continue ¶'under my license ". Mr. Broadhead is here recognizing that his license terminated and that he has to have a new license to operate this calendar year. Howser: Counsel, you are taking your own interpretation, '!'e go to Court and we get a stay like we did on the 14th day of May, 483 Council Minutes, July 22, 1963, page 6 directing this City to do something about this license which the Court said they had to do, and we proceeded and we went to Court , and we had a Hearing, and this Court has not de- termined in its finality what the results of that is, for you to argue tonight that the City Council can now, because you concocted, I say "you" respectfully, because you have served notice on my client that you are going to hold a Hearing here tonight, I say that you cannot by the processes that you are doing here, serving notice on him that you are going to have a Hearing on this matter without a Court adjudication of what his legal rights are, I say gentlemen, you are not going to be able to do it, and if you proceed with this Hearin without granting this man the decency oF a continuance until such time as he knows whathjs rights are, and until such time as the Court tells you what your rights are, then I say you are dis- playing 100% the prejudice that 1 claimed that certain member~ of this City Council had displayed previously against my client, Mr. Broadhead, Shatford: Let me say just one more th i ig, Mr. Howser, to get this thin c in proper perspective. Judge Gittelson in no way has any authority to make this City issue or not issue a new license. That is not his prerogative. The only thing that Judge Gittel son is considering here is the act of the City Council in re- voking the license which he had but it was for the 1962 -1963 calendar year. That is all that is before Judge Gittelson and he has so understood and said in open Court. Now Judge Gittel son has no authority to direct this City to issue or to not issue a license where our ordinance clearly provides that at the end of the year that is the end of that license, and this City can hold a Public Hearing to determine whether they are going to give him another license. Pow the considera- tion here results because it was so late in the year that this matter finally came before Judge Gittelson that the question, you will recall, was discussed that it was getting rapidly moot, except for the one point that if the Court sustained us then we would not have to hold a Public Hearing and Mr. Broad- head could not come in and ask for a license until after September 11. Hcwser Why be so hasty about it? Why don't you wait and see whether the Court is going to sustain you? Is there any urgency? Is this such an evil that the City of Temple City cannot put up with it until the Judge makes s; is decision? Shatford: 1 just said, Mr. Howser, that that was the one point where agreed with Mr. Tyrell. That if he was going to render a decision in a week, and if the Court did sustain our action, this Hearing tonight would just be a useless procedure. But the thing has dragged out and you must concede that a lot of time has gone by since we were in Court, and we have let it go on and unfortunately nobody knew or had any idea that Judge Gittelson would get so tied up in this trial that he would be unable to render a decision for this great length oF time. Now I just found out tonight for the first time, Jack Tyrell just told me that he talked to Judge Gittelson today on the telephone and the Judge said, I think Jack told me, that with- in about six days that he expected to have a decision rendered. So that point which has been made by Mr. Tyrell has validity and I agree with that. Is the public urgency such that this City Council could not wait six more days? That is up to the City Council. I appreciate that Mr. Shatford. I am not trying to spot you. 1 am merely trying to make it clear to this City Council that they know what they are doing. They were in Court, they were there on this particular matter. The Court made its order and if they proceed with this Hearing tonight I want them to know that they are placing themselves in the position of being cited for contempt in proceeding with this Hearing tonight in violation of the Court order. Howser: Shatford: Howser: 484 Council Minutes, July 22, 1963, page Fitzjohn: Mr. Howser, I would like to say this, that your threats don', . affect me one bit. Howser: There are no threats here. 1 want you to be advised of your full responsibility. Fitzjohn: We are elected by the City. We can be re- called at any time you understand that. Howser: This is not a matter of re -call. Fitzjohn: We follow the advice of our City Attorneys and not yours. Howser: So that you knowingly know what you are doing, that is all want to know. Shatford: Mr. Howser, you made one statement which I am sure you would not want to make again. That is that you would have them held in contempt. You might ask the Court to do that, but the Honorable Court is the only body that has the authority to hold anybody in contempt. Howser: That is correct. Shatford :And 1 cannot see any jurisdiction here of the Court so to do, and that would be the question that you would have to convince the Court that this Order extended over into a license which Mr. Broadhead did not have at that time, which he still does not have, he does not have his 1963-1964 license yet. And he is operating in sort of a sub rosa manner by the grace of this Council and 1 think he should appreciate it. Howser: We do not accept any gifts. We are not operating under any sur rose gifts from the City Council at a11. We are here operatinc entirely under a Court Order, and until that Court makes a de- cision we are going to stand on our rights. Shatford: I might say another thing to you Mr. Howser, that the public might be interested in this type of case, before the conclusior . of this Hearing this Council has every authority in the world to amend it's ordinance and completely eliminate entertainment licenses in the City. Howser: Correct, Shatford: So that if the City had terminated all entertainment license: and provided that there be no more entertainment licenses as of July 1, would you still think that this Order would be com- pelling this City to continue an entertainment license which has no validity at all? Howser: I think our Order is good until such time as the City Council passes the Ordinance that you speak of, and if they want to pass an Ordinance outlawing all entertainment in the City of Temple City, let them go ahead and do it. Tyrell: I think it particularly appropriate to wait until this de- cision, and as 1 understand it any pertinent evidence in this Hearing would be any evidence since the existence of Mr. Broad head's establishment, at least during the period of last year, it would be a duplication so to speak, of testimony given at the last Hearing which I did not attend. Inasmuch as that is the first evidence that is under question at the present time on the application of Mr, Broadhead, 1 think it is certainly appropriate that we hear the Court's ruling on whether or not this was sufficient evidence that was property taken. Since the Council can now in effect co back and re -hear the same evidence and make a new decision on it without regard to what the Court's comments are on that or the sufficiency of that evidence. Shatford: This Public Hearing since talking about the public welfare and what is the best interest of the general public, 485 Council Minutes, July 22, 1963, page 8 of the people of Temple City, it is my opinion that you can consider any evidence no matter when it occurred in regards to this particular licensee. From the very day he opened his doors to this very day, you can consider anything to determine whether you feel it is in the public interest to issue it, or not to issue it is in the public interest. There are other sections in there, such as to whether it would constitute a nuisance, or it is not a nuisance. But he does fall in the same'cateeory now where he now wants a new license for a new year, just like the license plates, where he has to come be- fore us, it is your prerogative to do it and you make a deter- mination and the door is wide open on the evidence. That is my opinion and you can consider anything that bears on the subject in making your judgment. Nunamaker: Anyone else wish to speak in behalf of the Jolly Coachman? At this time Mr. Broadhead and his attorney Mr. Howser left the Council chambers. ?unamaker: Any one wish to speak against the Jolly Coachman? Mrs. Jos. Lana, 9133 E. Hermosa Dr., (Handed a paper to the Mayor be- fore approaching the microphone) 1 have presented a report from a person who attended a show at the Jolly Coachman. Shatford: 1 would like first to pass on this because of the nature of this particular Hearing, Mrs. Lang, this type of report unless it is your particular report, would be hearsay, and it would not be admissable in this particular proceeding. The evidence that this body should hear should be evidence from people who have actually seen or witnessed because of the very large rule that applicant would not have an opportunity to cross - examine . or ask anybody about the person who made this report. Now if this is your report and you witnessed it and can tell us about it that would be one thing, but if this is made by someone else and you are presenting it 1 could not permit the City Council to consider this in the Hearing on this license. Nunamaker: is the party here that made this report to you? Mrs. Lang: Mr. Scholl is in the audience and he will be glad to testi- fy. Shatford: Yes, t'-err -that is the way to handle it and this report should be Mrs. Lang: May I make a statement before 1 leave the microphone? You gentlemen are all aware of Rev, Lyman Ellis' testimony in the Hearings previously. Rev. Ellis was never requested to do thi He did it because he has a very definite feeling in this re- gard. You also have the evidence as given by Mr. Norman Scott who was in the establishment. Gentlemen, this has been going . on for a year. 1 hope and pray that somethinc will be done soon. Nunamaker: Mr. Scholl. Shatford: Mrs Lang, would you take this so we will not be accused of receivins or considering this. We have enough problems. Kenneth Scholl, Eye Investigators, 2735 Loganrita, Arcadia: 0i5®:t.�At arrived Jolly Coachman, upon entering through front door - -- Shatford:Is that agent here? Scholl: Agent is myself. Agent was stopped by white, male, American, 35, 510 ", 150 #, brown hair worn short, and was informed that they were crowded. Tyrell: Mr. Shatford, should we ask tie man if he has an independent' recollection of this before he refers to the notes so he is testifying to what he recalls? 486 1 Council Minutes, July 22, 1963, page 9 Shatford: These type Hearings, Jack, have never been quite that strict. He has said that this is his report and 1 can ask him, 1 wi1-1, was this report made at or about the time of your investiga- tion? Scholl: Yes, the following day. Shatford: You personally prepared the report? Scholl: Yes. Shatford: And this report you have reflects your recollections of the investigation you made on this particular occasion? To the best of my knowledge. I did not get the date of that report. He did not give it. June 27, 1963. Do you wish me to start from the beginning? 9:50 agent arrived Jolly Coachman. Upon entering through front door agent was stopped by white, male American, 35, 5'8 ", 150 #, brown hair worn short and was informed that they were crowded but one more would be alright. There are approximatel; 20 small tables with 4 chairs to the table, and 20 stools at the bar. All of these were filled and in addition there were people standing four deep in the aisles, in front of the bar, and along the entrance on the way to the rear door. Agent would approximate crowd at 200. This establishment serves beer and wine. Customers are waited on by the above described male and two waitresses. With the exception of five escorted females and two waitresses all of the remaining patrons were males. At no time did agent observe any stag females enter or leave. The entertainment was provided by the Stubbs Bros. The poster on the north wall states "The kind of folk -songs for a broad - minded person ". The songs are those of a standard melody, the lyrics are their own version. Often the audience participates in the scene making so much noise that you would have to yell at someone standing next to you in order to be heard. Entertainment seems to be slanted to that type of male who would prefer to be accompanied by another male in this type of bar while listening to such language. Entertainers play for approximately 45 min. with 15 min, intermission. Trio o-F two guitars and one bass -riddle. Nunamaker: Can you recite any of these songs that they sang or give a demonstration of them, sir? Scholl: I can, but they are awfully rank. Nunamaker: They have to be rank because it has to be in the record the Judge says. Scholl: One of them was, one of brothers asked other brothers, "How come Abe Lincoln was a woman? The other one replied, "No, he isn't." The other one says, "ie11, he was shot in the box." Another one this fellow walked into the drug -store and was waited upon by a girl. The fellow asked the girl if she fitted diaphragms, the girl replied "Yes ", and the boy said "Wash your hands I want an icecream cone." Nunamaker: Don't hesitate, these people are all over 16. Scholl: Makes me red. They had sort of a question game and he would ask all the people who are morphodytes please stand up or please raise your hand, and no one would of course. Then he asked if anybody was 21, of course nobody raised their hand. Then he asked if anyone was queer, and no one raised their hand, and he remarked, "You must be from the City Council ". Nunamaker: i asked for it, didn't 1. Ycat's the matter, Jack? Scholl: I thought you would appreciate that one. Scholl: Merritt: Tyrell: Schol 1: 487 Council Minutes, July 22, 1963, page 10 Nunamaker: It doesn't bother me. Scholl: There were numerous remarks about starting a daisy -chain only with males rather than females, it was inferred, it was not said but it was inferred. There was one statement of him calling one of the other brothers, or it could have been any- one by looking about, say ? some remarks as to whose turn it was in the apple barrel, about all I can recall right now. There were one right after the other, very quickly. Nunamaker: Any questions you gentlemen wish to ask of Mr. Scholl? Scholl: There was one other too, they had a little jingle, a Burl Ives jingle 1 suppose, "Little bit of tear let me down" and he said "Little bit of queer let me down ", that is about all. Plunamaker: Anyone else wish to speak regarding the license of the Jolly Coachman? Morris Turner, 9144 Hermosa% i cannot say what happened within the place because I have never been in there, but the racket, noise from there is terrible, for instance they will be singing and wake you up about 12 or 1 o'clock and you can't go back to sleep., Now they are supposed to keep the door shut. Most of the time the door is shut but even then you can hear them to wake you up. One instance just last Thursday night we had my sister and husband and young boy was here from the east. We had to put a bed out in the extra room for the boy there and about 1 AM, he came into the house and he said,they had woke us up too, and he said that he could not stay out there cause he was afraid. Mr. Tyrell, I think you did not qualify you disqualified yourself on the first meeting here when we had most of our evidence and 1 don't know why you are sitting here now. Shatford: You are relating something said to you outside of the pre- sence of this particular person. This is a very fine line in administrative type hearings, Now we are in a quasi judicial Hearing here, and we are an administrative type hearing, but it would be better to .establish the record here of what you have heard or seen, and not what someone else has told you he has heard or seen. As far as Mr. Tyrell, he has absolute right to sit here as a Councilman and it is up to Mr. Tyrell not For particular type of disqualification, whether he wants to follow my ruling because you recall I made that to Jack as a lawyer, not that he could not sit legally, to avoid any error in propriety. Turner: Well then I could testify for myself, couldn't I? Shatford: Yes. Turner: About 1:30 there was a bunch of people out in the alley, hollering "help, murder, police" last Thursday night, Nunamaker: What date was that? Turner: I could not tell you. (It was determined to be July 18, 1963) We have called the Sheriffs numbers and numbers of times. This singing, very nearly went down there, and about the time the .sheriff comes they are gone,or they will sing one song and wake you up and about the time you go back to sleep they start another. it is very annoying, we do not want to put anybody out of business but think we should have the right to sleep and pursuit of our happiness as well as a bunch of other peop! Marjorie Walters, 9145 E. Hermosa Dr: On the evening Mr. Turner was speaking I was in bed my bedroom is in the front of the house . and both windows were wide open. I believe it was 12 :30. heard someone call "help, police" 4 or 5 times. At first thought I was dreaming so I finally sat up in bed, put my feet on the floor , and saw four men run from the east side of 1488 Council Minutes, July 22, 1963, page 11 Loma across in the parking lot,(Charlies). He kept calling "help, police ". I did not hear him say murder, but I did hear him say "help, police ". About a couple of minutes later other men that Followed this one person said, calling "Bobby, Bobby just wait a minute, come here Bobby". I got frightened, didn't know what was going on, I called the operator and asked her to ciet the sheriff. She did and I told them just what happened and apparently he knew 1 was a little upset because when he asked me my name I gave him my address, but I did give it later, and he said thank you very much for calling, there is a car on the way. While still talking with him calls quiet ed down and the men ell came back acrossthe alley just north of Las Tunas on Loma. Nunamaker: Anyone else wish to speak? Kenneth Briggs, Rowland Ave.: More than likely I would have kept quiet had not the attorney for the other side attempted to badger th City Council for whom I have a great deal of admiration and respect. I was at the last City Council meeting when this program was set up to discuss the Jolly Coachman this evening, I had never been to the Jolly Coachman before and I was curi- ous as to what the problem was. 1 believe it was the followin Thursday evening I attended the Jolly Coachman. It was about, 11:15 when I walked in, the place was extremely crowded. 1 sat down to wait to see if there would be some entertainment which there was approximately 15-or 20 min. later. As I was sitting there and drinking Seven -Up, two young men walked in and they turned to me and asked if the show had started, and said no, I did not know they were going to have a show, and I said where are you from and he said Downey, and I said, o+i, you are quite a ways from home aren't you? He said I under- stand they have a real ripper up here. So I wanted to see what this ripper was. Frankly gentlemen, I could only toleratE this ripper for about 15 min. It was pretty raw. 1 don't knov whether I am as bold as the previous gentleman. I don't think can tell some of these jokes, if they are jokes, because they weren't even humorous. They were just vulgar and filthy. One of them had to do w4-t-h the vital organs of a bull, and another had to do with, -- they -were playing a Hawaiian song one of them said "come on boy, twang it" and about that time the other fellow started to unzip his pants. Things of that nature. 1 do not see any humor or entertainment in this. Plus I am concerned with the people that it draws to our community. Are there any questions? Tyrell: What people did you say Briggs: Jack, the only thing that 1 could say that if these men were driving down here because of such a ripper maybe there are others coming from other-p-Taces and it draws a crowd to it that might not be quite--- - Tyrell: What conduct on the part of those people would you say that was reprehensible in any manner, did you see anything else reprehensible with the people themselves? Briggs: I thought one woman was going to vamp a man right in the room. That was one instance, I saw some others. Tyrell: Was this not what you would see in any bar? Briggs: Well not me, 1 have not attended that many bars, however if this is the case I still would not like to see it in Temple City. Tyrell: Did you see anything else that was reprehensible in your opinion? Briggs: Basically the entertainment, I did not see any fights or - - -- Tyrell: But of the people themselves,? Another statement- was made that there were male sex degenerates, did you -- -did any of these people other than this one in any way conduct themselves in a manner other than being boisterous, any in there that 489 1 Council Minutes, July 22, 1963, page 12 looked like they were unclean? Briggs: What do you call unclean? Tyrell: I don't know, what you call undesirable, I just wondered how they were undesirable? Briggs: Well as I said I think that if it carries this type of a repu- tation around the County then there must be someti.ing that attracts people of this type. Whether it is gcod or bad this is up to you gentlemen to decide. As far as I am concerned frankly, Jack, I would not take my family into it, and I cer- tainly would not want my children to grow up and attend some- thing of this nature. I am not saying that I want them to be goody -goody or anything else. 1 just want to state that I would rot want them to become attracted to this kind of Nunamaker: Is this the standard of entertainment that you would like to see set in Temple City? Briggs: No Sir, it would not. Again this is my own opinion according to wcat I feel and think, but this is what I feel. Dickason: Mr. Briggs, to your knowledge are there any other places in Temple City that provide anything similar to this? Briggs: No, I have never attended any of the others. l was just curi- ous when you stated you might revoke the entertainment license, 1 wondered why. So I went, I Found out why I would want to but maybe somebody else would like it, but 1 feel there is a valid consideration here that you gentlemen should consider whether we want this type of entertainment in our community. Whether or not you want this type of entertainment around our young people that are growing up and encourage tleir atten- dance, and made available to them. I think t; is is something important to be decided. For me 1 would like to see it revok- ed, at least this type of entertainment. Merritt: I did not get the date you speak of being there, Briggs: I am not sure but it was the Thursday following the last Coun- cil meeting because this was basically the first time I had heard too much about the Jolly Coachman. Merritt: Thursday following the Council meeting was the llth, Nunamakpr: Any more questions? Anyone else? W. W. ,t,iorrell, 6012 Loma; I would like to stress one point that I have stressed previously in that mention has been made previously as to the nature of the zoning in the area, that there is no buffer zone, Now I contend that when an applicant applies for a license to conduct an entertainment that he has knowledge of t: at zone. Anyone who walks into the area would have know- ledge of t. at zoning. There is nothing that would be sprung on him later and say that he is now in an area. So therefore, in applying for such a license it is reasonable to conduct the type of business and entertainment that will fit into that community and not to come in there with a filthy show and en -` tertainment, and one which arouses the entire community with loud noise and nuisance. While I am not an attorney 1 took it upon myself to go down to te law library and read some excerpts from McQuillan's Municipal Corporation, and there is a great deal to do with the issuance of licenses and 'permits and the revoking of them. It is a thing of value that you cannot take away from a man on a whim, the Courts have said that, but they also say that the man who has a license has a responsibility to conduct that business for which he is licen.. ed in a respectable manner, and failing to do so he forfeits his rights to that license wit:out further question, and think this one has failed to do so. There have been numerous appearances before the Council. There were a couple of Hear- ings, and also another meeting in which much was said and yet the same thing goes on. Now t ;ey have said that the type of entertainment that goes on there is the same thing as at Las Vegas, 1 have never attended the Jolly Coachman, 1 have neve► 490 1 Council Minutes, July 22, 1963, page 13 been to t:e shows at Las Vegas, but I ask you, we people in that neighborhood are not interested in having Las Vegas enter tainment presented in Temple City particularly in our area. I think you should not renew this license. Munamaker: Anyone else? Lt. Baker: (Temple City Sheriffs Station) 1 do not have anything 1 wish to speak about it. If you would are for me to I would give a 'grief summary of what aas been reported to us since the last Hearing. The incident 1 believe they refer to last Thurs, night actually occurred last Friday morning at 12 :15 A. M. and it was reported to us as a battery with two persons getting involved in a fight with two other persons. The two victims of the alleged battery made citizens arrests of the two person that a1'1ec ±edly had beaten them. The case is now scheduled for Court and there is no final disposition on that. There is no mention in the report that either one or any of the 4 parties had been in the Jolly Coachman. There opening statement was that they wanted to fight. There was no statement in the re- port as to where either of the suspects or victims came from other than conjecture. In the month of May there was reported to us on three occasions that the rear door was open at the Jolly Coachman. The earliest occasion was at 7:10 P. M. and the latest report was at 8 :20 P. M. these were three separate cases. There have been numerous calls which because of the nature have not been reported. The name Jolly Coachman was no mentioned on the complaint. However there have been complaint made that there were complaints within the vicinity of Loma & Las Tunas. We answered all of these calls and at one parti- cular time approximately the first part of June, we received such a number of calls that an the next day I left instruction for a plain clothes car to be staked out in t'.e vicinity and to report to me on the next day on what had happened at the time the call was received if any calls were received that n i aht. We did receive a call that there was a disturbance near that location and the car naturally was at the location and they reported to me the next day that there was no dis- turbance in evidence at the time the call was received. That is a brief summary roughly of what has happened in May and. June and this one instance in July on last Friday A. M. Tyrell: Do 1 un=derstand you to say ti at in essence someone has been turning i:-; false calls? Baker: I do not know that they are false calls. We have received calls -Cat t;iere was a disturbance in the area and when we arrived a matter of minutes later there was no disturbance to our knowledge or to our observation. One situation has arisen it is our responsibility to enforce the law and naturally we enforce the law as we are able to interpret it. Our ° interpre- tation of what constitutes a disturbance may be somewhat differ ent than someone elses, but on some of the occasions that we have received calls that there was a disturbance in the vicin, ity ad we have arrived there, there has not been such a dis- turbance that we could take any concerted or legal action on as creatinc a disturbance. Tyrell: Have you received any calls about cars parked on Hermosa and Loma? II Baker: Yes, at 12 :15 A. M. on the 8th of June we received a call complaining of noise emitting from the Jolly Coachman. We had checked the Jolly Coachman at 11:10, it was 0. K. at that time At 11:40 we checked the parking lot of the Jolly Coachman and at this time issued two citations for parking o:-n Loma and Herm. osa Ave. in a no parking zone.. At 12:15 A. M. the Coachman checked 0. K., rear door closed, and no one in the parking lot, Person made the call at 12 :15 :, M. and told complaint deputy that they were going to see the Sheriff and the newspapers about the matter. Tyrell: How many times did -you say the car checks in an evening? Baker: 1 would say on the average, and there are occasions when they 491 Council Minutes, July 22, 1963, page 14 check many times more than this, but on the averace they check that location at least three times during their shift, the evening shift, and twice on the early morning, shift. Tyrell: Is it customary to check other establishments in t -e area? Baker: Not that frequently, no. Tyrell: Have you made any arrests down there other than this arrest: Baker: Only one arrest that was mentioned at a prior Hearing. That was a warrant, and where the two made the other nic;ht but they were not made on the premises. ;clothing in the report made that the people came from there. Hunamaker: Any questions: John Walters, 9145 Hermosa Drive. On this parking situation naturally am referring primarily to the patrons of the Jolly Coachman, we have called numerous times and it has been considerable tir;, . before anybody has come around. Probably there was an excuse for it, they might have had a more important call somewhere else, I realize that. But what I cannot understand is why Sunday, Monday, and Tuesday you see them around there every hour or hour and a half. Wednesday, Thursday and Friday, and Saturday, you don't see them,they are not around. If you want them you cannot get them. Now we had a case here about, 1 am just guessing at this, but I think it was a week ago last Thur night when 1 called them personally. There were a couple of guys on the corner, one of them was climbing up the telephone pole and 1 could hear him clear out in my back yard and I am a block away from there. This was roughly about, it was dark, about 9 :30 in the evening, so 1 called as it is a pretty dan- gerous thing to be doing up around wires. Well they got there, but they got there too late. Another instance it was about three weeks ago on this parking lot, we call it the parking lot but actually it is the lot that adjoins the shoe shine parlor or shoe shop. One of my neighbors is here now and he can vouch for this, there were some glasses or bottles thrown and they were broken practically next to his car, where he parks his car there. That was reported. This same instance that I spoke about previous to this about the fellows running up and down the telephone pole, two officers stopped by, 1 was out in the yard watering my lawn between the curb and the side- walk. They went by the house and I sent them back up. 1 don'' recall how we got into a conversation but at that time there was a car parked north of the alley from Las Tunas between Hermosa and Las Tunas and that is a no parking zone after 9 :00 P. M. in the evening, so I told both of these officers. I said there is a violator right there. As soon as they finishe, they went right on by there and went down and made a right tut- on Las Tunas and I did not see them again. We are not getting the cooperation from the Sheriffs Dept. 1 called up one of th Lieutenant's over there one nic,t and of course I cannot prove this, it was strictly a telephone conversation, He told me if I did not like it why didn't I sell out and move. 1 can men- tion his name but there is no point to do it. That is all as far as 1 am concerned, it is settled. 1 don't think that the man had any business talking to me the way he did. He might have been mad but he could have kept his thoughts to himself. 1 had a legitimate complaint and that was what I called him about. Instead of that he tells me what I should do. Dickason: 1 think it would be well to have the name in the record. I think the Sheriffs representative here would like to know who that is. Walters: I believe it was a Lt. Holden or Holder. Lt. Baker is familiar with this because 1 wrote a letter to them. Dickason: I think this is unbecoming of the services paid for. Shatford: I think you ought to give the officer a chance to clear him- self and to respond to that. Dickason: I do tp. 492 Council Minutes; July 22, 1963, page 15 Walters: Another thing I don't particularly care for-- - Dickason: That is a pretty serious charge. Would you like to respond, Lt. Baker? Baker: I would like to make a statement her- If this man is going to get up and complain about the Sheriffs services I don't think it has any place at this Hear -ins. Also I might testify, or I assume that I testified, that IINunamaker: We will have to leave this part out. Tyrell: Should be stricken from the record. Shatford: Has nothing to do with the Jolly Coachman. Tyrell: I move it be stricken from the record or any transcript made. Shatford: It does not prove or disprove in any way whatsoever whether the entertainment license should not be issuded because he hay: some argument with somebody, true or false, down at the She•rif office. It is not germane to what we are talking about. Dickason: You are reciting evidence in respect to the disturbances that they are having in the neighborhood. Shatford: it is alright for him to relate that there are disturbances. There is no question of his right to do that. Tyrell: i think you ought to strike that until such time as we conduct an administrative hearing or one is conducted by the Sheriffs Dept. Woollett: Mr; Mayor, I would like to suggest that the matter is not germane to the Hearing but if you so desire I will investigate the matter and give the Council a report on it. IIDickason: I wish you would Baker: If the Council would be interested in hearing about it I did'. conduct an investigation and it has already been I would be . glad to tell you what the results were, Shatford: I think we better get it in the record. Tyrell: Alright, let's hear it. As long as he has been accused of it he had a right to defend, Shatford: Wait until this witness gets through, Lt. Baker, and then we can Munamaker! Anyth i roc+ more? Walters: Well I was going to mention something else but 1 won't. I wii be stepping on somebody else's Feet. But anyway my argument on this is it was pertaining to the Jolly Coachman that is how came to talk to this Lt. Holden to begin with. Munamaker: That is right, thank you. Lt. Baker would you like to ex- plain this instance? IIBaker: This comes within the realm of personnel matters and I would be glad to speak to the Council in private about it but would not care to - - - -- Nunamaker: Fine. Shatford: I think tat is the best way to handle it, i donut think it h has anything to do with this particular proceeding. Nunamaker: i would - -- Merritt: Mr. Mayor, 1 would like to second J.ck's motion on removing that portion from the record, Nunamaker: I don't recognize you. I was tacking before he spoke. 493 Council Minutes, July 22, 1963, page 16 Tyrell: I made a motion before anybody spoke. Nunamaker: Nobody seconded your motion. Tyrell: He is seconding it right now. Nunamaker: You are seconding his or Fitzjohns? Merritt: I seconded Jack's motion to strike that portion From the re- cord of the complaint on the Sheriffs Dept. IShatford: There is a motion and second. Nunamaker: roll call. Roll call vote as follows, with motion not carried: AYES: Councilmen- Merritt, Tyrell NOES: Councilmen - Dickason, Fitzjohn, Nunamaker ABSENT: Councilmen -None Nunamaker: I would like to make a statement at this time. There seems to be no one else - -- Shatford: Let's keep this record straight. For the purpose of this Hearing I am going to instruct you as the City Attorney that you are not to consider any of this testimony in respect to this personnel matter between the officers, and determine whether or not a license should be issued to Hal Broadhead. Nunamaker: I acree with you. Nunamaker: I would like to make a statement at this time,on this. Shatford: Why don't you wait until everybody speaks before you do. IINunamaker: Anybody else want to speak? Fitzjohn: I made a motion to close the Public Hearing. Nunamaker : 1 did not recognize you, Fitzjohn. Bob Walukart, 6043 Golden West: I would like to ask one question. wasn't going to say anything but when this gentleman got up and started running down the law enforcement why it just burnt me, but I would like to ask one question. Has this Jolly Coachman been operating on a temporary license? Right? Shatford: Right, just on a temporary basis. We have permitted him to operate until such time as the Council could hold a Public Hearing to determine whether or not he should be issued a license for the year. 1963 -1964. Nunamaker: In fact his temporary license is dead at 11:30 P. M. tonight unless we hold over our Hearing. Shatford: Right. Walukart: Now if in my mind something is trying to be railroaded. II Shatford: Just a minute, sir, that may be a statement which you might want to make somewhere but that is not an evidence statement which this body can consider. I appreciate you personally have not testified before but if you are going to testify give us some facts upon which this body can consider this matter either in Favor or against the issuance of the license. Facts are something you have observed with your own eyes or somethinc you know about that you can tell this body why you think the license should be issued, Walukart: Could 1 ask just this one question? Shatford: Not hearsay, something you definitely know yourself. Walukart: I want to ask the question, because 1 don't know, and if don't ask I don't know. Now these three men that voted to continue this meeting tonight, have they been in the Jolly 494 Council Minutes, July 22, 1963, page 17 Coachman? Nunamaker: That has nothing to do with it. Shatford: That is right. That question is out of order and has noth- ing whatsoever to do with the proceedings. The Council deter- mines what evidence they want to accept or reject and no one else has that prerogative. Once they have heard what every- body has to say then they close this Hearing and take such action as they deem appropriate, but you cannot cross examine a Councilman on what they are acting upon or what they are thinking about. Walukart: Then in other words, being a property owner, I don't have any rights? Shatford: You have a right to present any evidence. Walukart: The Councilmen represent the property owners--- - Shatford: You have a right to present any evidence before this Hearing but you do not have the right to interrogate any more than when you co up before a Judge you have a right to ask a Judge what he is thinking about as to the evidence presented. These men are trying to in effect judge whether they are going to - issue this man a license or whether it is in the public Inter- est or not. That is what they are here for and they can only act on evidence. They cannot act on argument or you asking them a question does not produce any evidence, Walukart: Well then I guess I should have stayed home because I have not learned anything, Shatford: I guess so. IINunamaker: Anyone else wish to speak? Tom Adkins, Jr,, 1 live on Cambury. Maybe I am out of place because I was going to ask a question too. I think in Mr. Tyrell's discussion that the gentlemen from the Sheriffs Dept. he did not bring out the point to me, and I would like to know this, is the policing problem at the Jolly Coachman unusual or greater as compared to the other bars and restaurants? Shatford: That is a fair question to put to the Sheriffs officer, cer- tainly. You can ask the Lieutenant if you want, that question That is perfectly proper way to get evidence before, as to whether or not it constitutes a police problem or is not a police problem. Baker: It constitutes no police problem but it does constitute a patro' problem at the present time. There is a difference, Shatford: You better distinguish that difference, I think, Lieutenant. Baker: To distincuish a police problem or place that creates a police problem in my mind is a place that continually, because of its certain nature, causes us to make arrests, investigations of our own free will because we have problems there. That is a police problem where it is necessary to take a concerted actip very often. A patrol problem is a problem of regulation of conduct, calls for service and does not always, and it is not always, a reliable indication that there is a police problem at the location. That is a patrol problem, Nunamaker: In fact the only thing it creates is more cost. Baker: Correct. Merritt: Sgt, Baker- - Tyrell: Just a minute. Is it more cost because somebody has made some alleged complaints, or more cost because you have initiated it. Baker: When 1 speak of an increase of costs it is mainly for this rea- son. Any place that requires a great deal of attention natur- 1 495 Council Minutes, July 22, 1963, page 18 ally when this attention is being given a car and officers have to be present. When that car or those officers are present then their presence elsewhere in the City is very difficult in the event of an emergency. Because they are not always on the air when they are at that location there are many occasions because of an investigation at this locations when it has been necessary to call a car out from another dis- trict to answer a call in Temple City. This increase in cost it creates a personnel charge which results in a direct cost to the City because of the manner in which the contract is handled, it does result in increased costs as far as personnel is concerned. Tyrell: Tell me for the purposes of this Hearing and for alleged com- plaints which are made against this establishment, would &you . have concentrated on this establishment? Baker: Without the complaints, no. We make more arrests in two other places in Temple City than we do at this location. Merritt: Lt. Baker, I wanted to ask you on the occasion that Mr. Walter:. made of pointing out a parking violation and the officers not heeding his notice, are all cars supposed to be prepared for issuing citations? Baker: Any patrol car should have the Facilities to issue a citation. What their personal reason for not issuing it Is outside the realm of my present knowledge. 1 have been on vacation for three weeks, in fact I don't co back to work until tomorrow so, I am not familiar with this particular instance and I would have to look into it to see why a citation was not issued. Dickason: These type of arrests at of ner places are these the habitual drunkard type you are referring to? IBaker: I could not classify the people as habitual drunkards. The other arrests that I refer to are 90% of the arrests, possibly a little greater, are the arrest of drunken persons who are either drunk in a public place os who are creating a disturbanc( ssfighting or some other means because of their drunkenness. Tyrell: Have you ever had anything of that kind in the Coachman? Baker: None other than the two I cited last Friday A. M. They were citizens arrests. We did not see the altercation take place. Nunamaker: Lt. Baker, may I ask you one question before you finish that statement, that was the arrests, since how far back now, because the other records they were read in, the arrests that were made-- IIBaker: It wd5 on a traffic warrant. ' Tyrell: Where you pick up somebody on an outstanding warrant from an- other jurisdiction? Lt, Baker: Since the Jolly Coachman opened the business as the Jolly Coachman, to my knowledge there have been three arrests made on or about the premises. These two that I cited which were citizens arrests took place early last Friday morning. The other one was a, warrant arrest which we talked about at a previous meeting. Tyrell: That was on a warrant but not for any conduct which was involv ed in t;-.e Coachman? Baker: That is r i ciht. Any other questions? Nunamaker: 1 have one but 1 am not going to ask it. Baker: Be my guest. Nunamaker: Then I will ask it. Then why is it I was called by people in that area and said that they picked up a fellow and put hand -cuffs on him for being drunk and took him away and I called the Sheriffs station and they said yes. Now somewhere there is 496 Council Minutes, July 22, 1963, page 19 some records not straight on this. Baker: Well, 1 am familiar 1 believe with the instance that you men- tion and this was a drunk arrest that was made on the sidewalk on Las Tunas, As 1 recall it was on the west side of Loma. The person who was arrested could not be connected with the Jolly Coachman, However a person from the Jolly Coachman did momentarily interfere with the arrest and was almost arrested: himself. IINunamaker: Who was this person? Baker: Well, he was not arrested and it is not a public record, and 1 donit think 1 should say. Nunamaker: 1 dot-lit dean that, 1 mean who was it? Baker: That is wdat 1 mean, he was not arrested, and he has not been charged with any violation or cited with any violation, but it was a person from the Jolly Coachman. The other person who was arrested was a drunk to my knowledge that was just walking down tie street and happened to be arrested near the Jolly Coachman. 1 1 Nunamaker: That cleared that one up. -Anyone else? 1 would like to make a statement at this time - - -- Tyrell: Is this a part of the evidence to be given Mr. Nunamaker? Munamaker: Well, 1 will make a motion at this time then, and then 1 will make a statement afterwards, Fitzjohn: We will have to close the Public Hearing first then. Nunamaker: No i want to make a motion that this Public Hearing will be held over to the next Council meeting under the situation that we have right in this room tonight for the fact that the Jolly Coachman and Mr. Broadhead and his attorney, will have time to look over the tapes and be able to be here at the next meeting and then we can continue this Hearing and • close it at that time. 1 would like to make the motion not to close this Hearing but to continue it over to the next meeting Tyrell: 1 will second that. Nunamaker: It has been moved and seconded, roll call? Dickason: What was the decision? Tyrell: This is a motion, not a decision. Dickason: Oh, 1 see, cannot we discuss this before, 1 certainly have no objection in doing this. 1 certainly want to make sure everyone has a fair Hearing although 1 am not easily intimi- dated by some of the remarks that have been made, but it really does not matter to me, 1 will go alono with the major- ity of the group thinking here. Nunamaker: Anyone else wish to speak on the motion? Roll call: Motion carried by-the following roll call vote: AYES: Councilmen- Dickason, Merritt, Nunamaker NOES: Councilman - Merritt ABSTAIlING: Councilman - Tyrell ABSENT: Councilmen -None Nunamaker: Now 1 would like to make a statement to the Public Hearing. You have the Councilmen in a very strange position here. You are willing for us to do things for you that you are afraid to do yourself. This was on issuing a license there or not issuing a license, and you have to have evidence on this sub- ject only. Not on what goes on outside or anywhere else around the place, and if you are afraid to go in and get your own evidence how do you expect the Councilmen to go in and get the evidence for you. Our hands are tied. We cannot do it, 497 Council Minutes, July 22, 1963, page 20 And I think there is only one person that I know in this room that does not even live in this area that as a citizen went it there investigating this on his own and brought in, and came in here and stood ,up and made a report on it as he saw it and what he thought about it, and he is the only one that has done that, and the rest of you people have not brought in any evi- dence of your own. I think it is time for the citizens in Temple City to wake up to the fact that they have got a res- ponsibility to their government and to help the Councilmen as much as they can. We cannot do it for you. Mr. Morrell speaking from the Floor asked to make a statement, Mayor Nunamaker requested him to come to the microphone. The City Attorney ruled this to be out of order as the motion has been made to continue the Public Hearing and has been carried, That the Hearing is going over to the next regular meeting and is not closed but as far as the procedural aspects of it here tonight right at this moment it is improper to Further consid- er this matter and the Council should terminate any discussion of any kind or nature on it now until the next regular meet -' ing. Nunamaker: I would like to include in that motion to continue the Hearing to 8 :45 P. M. on August 12, 1963, Councilman Tyrell so moved, Councilman Dickason seconded, and carried. There followed considerable discussion regarding the Munici- pal Code controlling entertainment licenses. Councilman Fitz- john made a motion to instruct the City Attorney to draw an amendment to the business license ordinance precluding the type of oral, live entertainment, this will not exclude or- chestra or piano player with vocalists, and make it possible for organizations to apply to the City Council for permits of specific type on specific dates, Councilman Dickason se- conded. There followed more discussion following which the motion carried by the roll call vote as follows: AYES: Councilmen—Dickason, Fitzjohn, Nunamaker NOES: Councilmen- Merritt, Tyrell ABSENT: Councilmen -None 10. PUBLIC HEARING: 8:45 P. M. south side RanchoRea l , Sultana to north /south alley. City Manager Woollett advised 87% of the lineal footage had requested the improvement in the petition. Councilman Merritt moved to open the Public Hearinc, Councilman Fitzjohn seconded . and carried, Mayor Nunamaker asked if anyone wished to speak - for or against this installation. No one came forward. Coun- cilman Merritt moved to close the Public Hearing, Councilman Tyrell seconded, and carried. Councilman Merritt moved to determine the improvement in the public interest and to in- struct the Supt. of Streets to cause the work to be done, Coun cilman Fitzjohn seconded, carried by following roll call vote: AYES: Councilmen;Dickason, Fitzjohn, Merritt, Tyrell,Nunamake. NOES: Councilmen -None ABSENT: Councilmen -None 11, PUBLIC HEARING: 9 :00 P. M., north side Olive, Rosemead to Sultana, and north & south side Arrowood, Pal Mal & Cul de Sac The City Manager advised on the north side of Olive 84.3% of the lineal footage had signed the petition, Councilman _Tyrell moved to open the Public Hearing, Councilman Merritt seconded, and carried. Mayor Nunamaker asked if anyone wished to speak for or against the installation. No one came forward. Coun- cilman Tyrell moved to close the Public Hearing, Councilman Dickason seconded and carried. Councilman Merritt moved to determine the improvement in the public interest and instruct the Supt. of Streets to cause the work to be done, Councilman Tyrell seconded, roll call vote to carry as follows: AYES: Councilmen=Dickason, Fitzjohn, Merritt, Tyre1l,Nunamake, NOES: Councilmen -None ABSENT: Councilmen -None The Cites Manager reported on the north side of Arrowood St, 83.5% of the property owners signed the petition. Councilman 1+98 Council Minutes, July 22, 1963, page 21 Fitzjohn moved to open the Public Hearing, Councilman Merritt seconded, and carried. Mayor Nunamaker asked if anyone wished to speak for or against this installation. Clarence M. Trask of 10663 E. Arrowood said he was against due to the fact that it would cause the removal of 5 walnut trees which ''re felt more valuable than curb. The City Manager advised it was the policy to re-survey in such a case and if at all possible to save the trees, following which Mr. Trask signed the petition making it 100 %. Councilman Dickason moved to close the Public Hearing, Councilman Fitzjohn seconded and carried. Councilman Merritt moved to determine the improvement in the public interest and instruct the Supt. of Streets to cause the work to be done, Councilman Fitzjohn seconded, roll call vote carrying as follows AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None South side of Arrowood, Pal Mal & Cul de Sac. The City Manager advised 83.5% or lineal frontage had signed the petition. Councilman Tyrell moved to open the Public Hearing, Councilman Merritt seconded and carried. The Mayor asked if any` one Dished to speak for or against. Mr. Thorp, 10662 Arrowood, . followinc, clarification of the situation signed the petition making it also 100 %. Councilman Fitzjohn moved to close the Public Hearing, Councilman Merritt seconded and carried. Coun- cilman Merritt moved to determine the improvements in the public, interest and instruct the Supt. of Streets to cause the work to be done, Councilman Fitzjohn seconded; carried by the following roll call vote: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None 12. PUBLIC HEARING: 9 :15 P. M. east side of Pal Mal, Arrowood to Lora City Manager Woollett advised the petition represented 76.6% of the lineal footage of the properties involved. Councilman Dickason moved to open the Public Hearing, Councilman Fitzjohn seconded, and carried. Mayor Nunamaker asked if anyone wished to speak for or against. No one came forward. Councilman Dieka son moved to close the Public Hearing, Councilman Fitzjohn se- conded and carried. Councilman Merritt moved to determine the improvements to be in the public interest and instruct the Supt. of Streets to cause the work to be done, Councilman Fitzjohn seconded, carried by followinc roll call vote: AYES: Councilmen- Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None 13. APPOINTMENT OF TRAFFIC COMMISSIONER FOR ADDITIONAL FOUR TERM: Councilman Tyrell moved to re- appoint John Garver for a four year term commencing August 1, 1963, Councilman Fitzjohn second- ed, carried by the following roll call vote: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None SHEPARD & MORGAN: REQUEST FOR SEVEN'1 DAY TIME EXTENSION TO LiBRAR CONTRACT The City Manager read a letter of request for a seven day time extension on the contract for constructing the new library. Councilman Fitzjohn moved to grant, Councilman Tyrell seconded, carried by the following roll call vote: AYES: Councilmen-Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen-None ABSENT: Councilmen -None 15. REQUESTS FOR PERMISSION TO PAINT HOUSE NUMBERS ON CURBS: The City Manager read reguests to paint house numbers on curbs from Richard Tormey, 58182 Temple City Blvd.., David Meredith, 10512 E. Olive St., and Don Cashmore, 6036 N. Camellia. Coun- cilman Dickason moved to approve according to recommended speci- fications, Councilman Tyrell seconded, roll call vote to carry as follows; 1+99 1 Council Minutes, July 22, 1963, page 22 AYES: Councilmen- Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None 16. FIRST SOUTHERN BAPTIST CHURCH: Request for parade permit. The City Manager read a letter from Rev. Dave McMullen of the First Southern Baptist Church requesting for a parade permit on Aug. 2 from 10 :30 A.M. to 11:30 A.M. announcing the beginning of summer vacation bible school, also mentioning police escort. Following discussion Councilman Dickason moved to approve with restrictions that they pay for any expenses beyond this permit Councilman Fitzjohn seconded and carried. 17. NATIONAL MULTIPLE SCLEROSIS SOCIETY:request for charitable solici tation permit: The City Manager read a request fora charitable solicitation per mit from tLe So. Calif. chapter of the National Multiple Sclerosi Society from August 1 to 31st. Councilman Tyrell moved to grant; Councilman Merritt seconded and carried. 18. CITY OF COMMERCE: Request County Fire-Dept. receive just compensa tion for supplementary fire protection services. Councilman Tyrell explained this was to get the old line cities to pay their share of support for the County Fire Dept. Following discussion Councilman Dickason moved to adopt the Resolution, Councilman Fitzjohn seconded; roll call vote to carry as follows: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None 19. COUNTY OF LOS ANGELES: Proposed agreement for recreation services at Emperor Elementary School The City Manager advised the proposed agreement is the same as we have had for the past two years with the County paying the City $2250. for the recreation services. Councilman Tyrell moved to approve and authorize the Mayor and City Clerk to sign the - Agreement, Councilman Fitzjohn seconded, and carried by the fol- lowing roll call vote: AYES: Councilmen-Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None 20. RESOLUTIONNNO. 63- 298: Re -part time employees Councilman Tyrell moved to adopt Resolution No. 63 -298, 4regarde ing part -time employees for the $ummer'. recreation prdgEam,`. Councilman Dickason seconded roll call vote to carry following: AYES: Councilmen- -Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None 21. RESOLUTION NO. 63 -299: Warrants & Demands Councilman Tyrell moved to adopt Resolution No. 63 -299, warrants & Demands Nos. 2808 through No. 2348, in the sum of $50,711.29, Councilman Dickason seconded, carried by the following called vote: AYES: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None 22. PARKS & RECREATION RECOMMENDATIONS: Recommend City Council authorize the staff to provide architectur al drawings of the Comfort Station at Live Oak Park for the Com- mission to act upon at their next regular meeting. City Manager Woollett presented the request of the Commission. Councilman Fitzjohn moved to approve, Councilman Merritt seconded, roll call vote to carry as follows: AYES: Councilmen'- 'Dickason, Fitzjohn, Merritt, Tyreli, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None COMMUNICATI0'S: 23. County of Los Angeles Boundary Commission: The City Manager read letters of proposed annexations #331, #332, #335, #336, City of 500 1 Council Minutes, July 22, 1963, page 23 El Monte. Councilman Dickason moved to receive and file, Coun- cilman Tyrell seconded, and carried. 24. TIME FOR THOSE I N THE AUDIENCE 'MO J I SH TO SPEAK: Mrs. Georgia Maxey advised the Council she was clad the Council had reappointed John Garver to the Traffic Commission and commend ed Mr. Garver on the fine job he had done in the past. Tom Adkins, Cambury Ave., commented on Councilman Fitzjohn's motion to amend the Entertainment License section in the Business License Ordinance stating he only hoped the Councilman would have to decide on what is proper or improper. Robert Garvin, 9651 Nadine, stated that since repaving Broadway and putting in new curbs approximately 1/2 block east of Temple City Blvd. to drain the water,dip is three times as pronounced and recommended it be posted at least from west to east. City Manager Woollett advised we would check it out and it can be sent to the Traffic Commission. 25. MATTERS FROM CiTY OFFICIALS: 26, The City Manager referred to Zone Variance #63 -51, Frank Harbert, and advised a Public Hearing was held June 3 by—the Planning Com- mission and denied, and their Resolution No. 63 -34PC adopted June 17 denying his request for a variance, and the 15 day period for appeal ended the 2nd of this month. The appeal was made be- fore the decision was final. He appealed too soon so I recommend you set for Public Hearing at your next Council meeting at 8 :30 P. M. Councilman Fitzjohn so moved, Councilman Dickason seconder roll call vote to carry as follows: AYES: Councilmen-Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None The City Manager read a request to continue the time limit on Tract #28607 for an additional two weeks to give the subdivider an opportunity to make a filing with the Regional Planning Com- mission. Councilman Tyrell moved to grant, Councilman Fitzjohn seconded, roll call vote to carry as follows: AYES: Councilmen-Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen -None ABSENT: Councilmen -None City Manager Woollett read a request from John F. Hibbard concern ing use of Live Oak Park for a baton twirling contest with about 70 or 80 twirlers taking part. He also requested permission for a lunch truck to park at the curb and serve the contestants. The request has not been to the Commission as it was just received and the advertising is out with registrations being taken. The contest is to be held on August 4 between the hours of 9 :00 A.M. and 4 :00 P.M. Mr. Hibbard, La Rosa Dr., Temple City, was present and discussed the matter with the Council and it was felt some- thing should be worked out. The City Manager recommended the Council direct the City Manager and Director of Recreation meet with Mr. Hibbard and work out arrangements for the contest but not in violation of the law. Councilman Dickason so moved, Coun- cilman Merritt seconded, and carried. ADJOURNMENT: Councilman Tyrel.l moved to adjourn, Councilman Merritt seconded, and carried. Council adjourned at 10:30 P. M. until the next regular meeting on August 12, 1963, at 7:30 P. M. at the City Hall, 9664 E. Las Tunas Dr., Temple City. 501