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HomeMy WebLinkAbout02/04/1957 - Adjourned Regular MeetingI� A discussion was had regarding the use of the County Dock property A motion was made by Councilman Stoddard, seconded by Councilman Wilder and carried,to request the Planning Commission and the Parks, Beaches & Recreation Commission jointly to examine the alternatives as to the best use of the County Dock property, and to provide the Council with a report of their recommendations as to their thinking in regard to this matter. The City Manager stated that many organizations had submitted appointments to the Citizens Advisory Committee on Capital Improvements and it was hoped that the final nominations would be submitted within the next two weeks. Councilman MacKay requested permission of the Council to be out of the State between February 11, 1957, through February 14, 1957; On motion of Counpilman Stoddard, seconded by Councilman Hart and carried, said request was granted. I r, i . R Discussion re the use of County Dock progertyo Re nominations to Cit zees vgsory Committee. Request of Council - maas- IdiacKa to ee out �'�iof t e ate. The City Manager read a letter from Harry A. Stauch commending letter from H. A. the Fire Department for a job well done in connection with the Gallagher Stauch commending Building fire on January 20, 1957. On motion of Councilman Wilder, t e Ire Department- seconded by Councilman MacKay and carried, said letter was ordered filed. On motion of Councilman Hart, seconded by Councilman MacKay and Keeting adjourned carried, the meeting was adjourned to February 4, 1957, at 7:30 P.M., to ary 4,1957 to consider the revocation or suspension of the license for the Rendezvous Ballroom. WAS ATTEST: city Clerk February 4, 1957 The City Council of the City of Newport Beach met in adjourned regular session in the Council Chambers of the City Hall at the hour of 7:30 P.M. The roll was called, the following members being present: Councilmen Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof and Hill. Mayor Hill requested the Clerk to read a proposed resolution paying tribute to the memory of Mr. Paul Paine, which resolution is entered in the minutes as follows: "WHEREAS, as it must to all men, death came to PAUL MCCLARY PAINE on January 28, 19579 and, "WHEREAS, MR. PAINE at the time was Chairman of the Technical Oil Advisory Committee of the City of Newport Beach, by appointment of the City Council, "NOW, THEREFORE, BE IT RESOLVED, that the members of the City Council of the City of Newport Beach by this means would pay humble tribute to the memory of PAUL PAINE, a man of great achievement and stature in his profession, and one who gave unselfishly of his wisdom as friend and advisor to the officials and citizens of his community." On motion of Councilman Wilder, seconded by Councilman Stoddard and carried, said resolution, being numbered 4594, was adopted by the following roll call vote, to wit: AYES, COUNCILMEN: Hart, Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None The City Attorney presented Mr. William J. White, official court ' reporter of the Superior Court of Orange County, who had been employed to make a transcript of the proceedings. Mayor Hill requested the City Attorney to explain the nature of the hearing which had been set for 7:30 P.M. in the Council Chambers in connection with the suspension or revocation of the business license of Al Anderson and Clyde R. Johnson, dba the Rendezvous Ballroom. The City Attorney read, in part, Section 6111 of the Municipal Code. He stated that the hearing would be quasi judicial in nature and that during the proceedings comments should not be made from the audience. The City Attorney inquired whether or not Mr. Al Anderson, Mr. Clyde R. Johnson, or Mr. Adjourned regular session. Roll call. Resolution Paving tribute to t e memor o r, aul Mine. Resolution No. 4594 a Mte . °s ex- suspension or re- Robert Hurwitz, their legal representative, were in the audience. They were not present and Mr. Davis stated that since they were fully aware of the time and place of the hearing, that he felt he should proceed with the presentation of evidence so that the Council would be able to make a determination of the issue. Statements of Chief The Chief of Police of the City of Newport Beach, John L. Upson, ' oF TMce. was duly sworn by the Clerk and testified that he had been Chief of Police all during the year 1956 and subsequently, and that he had in his possession and control,,as Chief of Police, case histories of parties committing offenses in the City of Newport Beach. Thereupon he corroborated the entry into the record, with the City Attorney, the following numbered cases from the Newport Beach Police Department files involving offenses which occurred during the year of 1956 and January, 1957: 56 -03497 56 -05099 56 -09733 56 -04028 56 -05101 56 -10973 56 -04013 56 -05106 56 -14056 56 -04271 56 -05108 56 -14250 56 -04548 56 -05648 56 -14251 56 -04558 56 -06653 56 -14255 56 -05084 56 -06775 57 -00330 56 -05089 56 -08218 57 -00331 56 -05091 56 -09345 57 -00332 56 -05094 56 -09728 56 -06392 Statements of Miss Miss Helen Blethen was duly sworn and testified that she is the Helen B et en. Senior Clerk of the Justice Court of the Newport Beach Judicial District, that she has served in said capacity for approximately a year, and that previous to that time she had been a Clerk in said Court for approximately two years. The City Attorney then introduced into the record cases of files said Justice Court, which files were identified by Miss Blethen as under her jurisdiction and control as Senior Clerk of said Court, which are set forth as follows: ' 5416 5520 5721 6528 5431 5519 5727 6529 5508 5514 5903 6530 5516 5513 6053 6596 5510 5521 .6077 6597 5509 5583 6499 Docket books and Nine docket books and docket sheets were entered into the record, sheets entere nto referring to the above enumerated cases which contained conclusions t e record. .reached in said cases in said Justice Court. Cit�t_orxney pre- The City Attorney presented each of the Newport Beach Police cases sented the e Newport as previously enumerated above and gave in detail the type of arrest made, Beac�o ice cases. the location of the action involved, the charge made, the officers making the arrests and involved in the matters, and a disposition of_each case. From the evidence presented, it was shown that a great many juveniles,and adults to the age of 26 years, all from outside of Newport Beach, had been the defendants in the cases cited. Possession of alcohol, intoxication, disturbance of the peace, fighting, possession of marijuana, and foul language in the presence of women, were among the charges preferred. It was brought out in the record that the cases were disposed of through the filing of juvenile petitions, the imposition of fines upon pleas of guilt, the forfeiture of bail, and jail sentences. City Attorney read The City Attorney read a letter from C. R. Johnson, co -owner and dated 4, 1957, had a letter from C. R. manager of the Rendezvous Ballroom, February which Jo nson. been received by the Clerk at 7:30 P.M. Said letter stated that Al Anderson, Robert Hurwitz, Attorney, and Mr. Johnson would be unable to be present at the hearing, and stated that they were confident that the hearing would not disclose grounds for revocation or suspension of the license for the Rendezvous Ballroom. Councilman Stoddard inquired as to how long Mr. Johnson and Mr. Anderson had held a license for said Rendezvous Ballroom. It was learned later in the meeting that the license was held from August, 1955, through 1956, and that the present license terminates June 30, 1957. Police Officers The following Police Officers., after being duly sworn, testified: duly sworn. Captain Vincent McManigal; Police Officer Al Epstein; Police Sergeant John J. Bloom, Juvenile Division; Policewoman Elizabeth Tonsing. Said testimony corroborated the evidence previously presented by the City Attorney and further revealed conditions observed at the Rendezvous Ballroom by said Police Officers. Testimon of Captain McManigal °s testimony revealed among other things, that, CaCa to ng alal, in his opinion, many of the dancers were dancing in positions which he X so Pol c�0i`�acer considered immoral. Police Officer Epstein's testimony brought out Epste n, the fact that, in his opinion, at some of the dances 25% of the total attendance consisted of narcotic peddlers, pushers and users, and suspected peddlers, pushers and users. Recess. Mayor Hill declared a five minute recess.. , Council reconvened. The Council reconvened. Testimon of Police Police Sergeant John.J. Bloom testified that, in his opinion, er eant Jo n J. some of the entertainers performed in a lewd manner and many of the oom. dancers danced in an immoral manner. Policewoman Elizabeth Tonsing stated that she had observed the Testimony of Police unsanitary conditions which have existed in the womens' restrooms of woman E. �onsase�e`` the Ballroom. She stated that when the dances commence the restrooms are clean, but as the dances progress, the restrooms become filthy. Each of the police officers stated that the conditions existing IEurther re police ' at the Rendezvous Ballroom are detrimental to the health, safety, o zk� cters. peace, morals, comfort and general welfare of the citizens of Newport Beach. The City Attorney stated that several letters to the Council City Attorney pre - from residents of Newport Beach had been received by the Clerk sented regarding this matter. He read a letter from Clarke 0. Noble pro- rece ve re t is testing the renewal of the business license for the Rendezvous matter. Ballroom. Councilman Ridderhof inquired as to whether or not the letters would have the same status as someone speaking from the audience, and, if so, why should the letters be read if people were not allowed to.speak from the audience. The City Attorney stated that the letters could be read into the record if the Council desired, but the information derived therefrom would be considered "hearsay" evidence. At this time, Captain McManigal returned to the meeting and Testimon of Captain testified in regard to Newport Beach Police Case No. 56- 04552, Mca�'MnM0a� rise— presenting evidence that certain persons who had attended a dance oNO.. at the Rendezvous Ballroom were involved in a stabbing which occurred at 416 East Balboa Boulevard, on April 28, 1956. A further discussion was had regarding the entry into the Further discussion record of the aforementioned letters requesting the Council to re ar n esters revoke or suspend the business license for the Rendezvous Ballroom. received. The City Attorney stated that letters had been received from Lorne Huycke, Balboa Island Business Association, Balboa Peninsula Point Association. Mayor Hill requested that said letter be read. The ' City Attorney did so. He then stated that a letter had been received from John H. Parke, Rector, of St. .Eames' Church. A further discussion was had, regarding the desires of the Councilmen as to whether or not the City Attorney should continue to read said letters. The City Attorney recommended that the suggestion of Councilman Higbie be accepted and the letters be filed for perusal by the Council during the deliberation of its decision in this matter. The recommendation of the City Attorney was accepted. The City Attorney requested that the letters which he had read be stricken from the record. On motion of Councilman Ridderhof, seconded by Councilman Hearing closed. Stoddard and carried, the hearing was closed, and the matter of Matter taken under the suspension or revocation of the business license of the a easement. Rendezvous Ballroom was taken under advisement, (with the under- standing that a decision would be rendered by the Council at the regular meeting set for February 11, 1957) by the following roll call vote, to wit: AYES, COUNCILMEN: Harte Wilder, MacKay, Stoddard, Higbie, Ridderhof, Hill NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Councilman Wilder commended the Police Department for the Police�De artment excellent services they are rendering the City. comma - -dam ' On motion of Councilman Stoddard, seconded by Councilman Adjournment. Ridderhof and carried, the meeting was adjourned. l May C _. 4w ATTEST: February 11, 1957 The City Council of the City of Newport Beach met in regular Re ular session. session in the Council Chambers of the City Hall at the hour of 7:30 P.M. The roll was called, the following members being present: Roll call. Councilmen Hart, Stoddard, Higbie, Ridderhof and Hill; Councilmen Wilder and MacKay being absent. On motion of Councilman Hart, seconded by Councilman Ridderhof Approval of and carried, the reading of the minutes of January 28, 1957, and minutes. February 4, 1957, was waived, and they were approved as written and ordered filed.