Minutes 1996/04/08
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Posting
Notice
Present
Appeal
Hearing
re:Club
As de Oros
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special Meeting
April 8, 1996
Gilroy, California
The Public Notice was posted for this continued special
Meeting on April 1, 1996 at 10:00 a.m.
,
Present: councilmembers: K. A. Mike Gilroy, Charles s.
Morales, Connie Rogers, Suellen C. Rowlison, Thomas w. Springer,
Pete Valdez, Jr. and Donald F. Gage;
At 7:30 p.m. the Mayor noted that it was the time and place
scheduled for the continued Appeal Hearing on the decision of the
city Administrator to revoke the regulatory bar permit of club As
de Oros, 7387 Monterey street, Gilroy, CA. He introduced Mr.
Carlos ortiz, certified Interpretor, who provided a simultaneous
translation of the rest of the proceedings for the benefit of Mr.
De la Cruz.
Andrew Faber, Acting city Attorney, explained the appeal
process as being a quasi-judicial hearing on possible revocation
of the regulatory bar permit of club As de Oros.
Miguel Paredes addressed the Council and inquired when
public comment would be taken. Mr. Faber noted that this hearing
is not a general type of city Council meeting; that the scope of
the public testimony is limited to the regulatory bar permit
only, but the hearings would be conducted in accordance with the
Brown Act and public comment would allowed at the end of the
hearings.
Matthew Drummond addressed the council and noted that he
forwarded a letter to the city Attorney regarding the 14th
Amendment and due process regarding the Brown Act. Mr. Faber
responded and noted that the Brown Act has been conformed to;
that proper procedure under the quasi-judicial hearing laws have
been followed.
Mr. Cantu, Attorney representing club As de Oros, requested
that Councilman Morales not take part in the hearing because he
has information and witness that will testify that councilman
Morales has accepted free services from club As de Oros and
cannot be impartial and fair. Mr. Faber noted this would be a
decision of councilman Morales whether or not he can be unbiased.
councilman Morales noted that he has in fact, from time to
time, received free drinks at the Club, but that he can be fair
and can act as an objective person amd make a decision based upon
the evidence.
City Administrator Baksa gave his opening statement and
recommended that council uphold his decision to revoke the
regulatory bar permit of club As de Oros. He identified the
Staff Report dated March 11, 1996 as the city's Exhibit #1, and
it was entered into the record.
Attorney Cantu gave his opening statement. He disagreed
with the City Administrator's reading of the applicable law, but
said it was "disgusting" what happened at the club. He said the
owner was negligent and not knowledgeable.
The city Administrator called his first witness. Roy Alba,
Community services Officer, took the oath and testified and was
cross-examined by Mr. Cantu following questions asked by City
Administrator Baksa. Photographs of three witnesses identified
as Exhibits #2, #3 and #4 were entered into the record. Ques-
tions were asked of officer Alba by several Councilmembers.
At 9:20 p.m. the Mayor declared a Recess and reconvened the
meeting at 9:29 p.m.
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city Administrator Baksa called his second witness,
corporal John Sheedy, who took the oath and was then questioned
by the city Administrator. Mr. Cantu cross-examined the witness.
Andrew Faber, Acting city Attorney, requested Mr. Cantu
present a copy of Rita Farfan's business card depicted on the
screen and to be identified as Exhibit #5; he noted that all
exhibits must be in printed form to be made part of the record.
Mr. Cantu noted that he would bring a printed copy at the hearing
scheduled for April 9, 1996.
City Administrator Baksa further questioned Officer Sheedy.
Mr. Cantu suggested the Mayor declare a recess. Acting
City Attorney Faber suggested that council continue with officer
Sheedy and release him. Mr. Cantu requested that he be allowed
to be given copies of the Police Department tape recordings prior
to the release of officer Sheedy. Acting city Attorney Faber
noted that if Mr. Cantu finds it necessary to recall officer
Sheedy this would be acceptable.
Council continued to question officer Sheedy. The Mayor
informed Mr. Cantu that he has the opportunity to recall officer
Sheedy.
The Mayor requested that persons in the audience with
children not bring them to the rest of the hearings.
Mr. Cantu requested that officer Crumrine be present at the
April 9, 1996 continued Hearing. Andrew Faber, Acting city
Attorney, noted that Mr. Cantu's request would be taken under
advisement pending information on the availability of officer
crumrine, and that officer Sheedy would be present at said
continued hearing.
At 11:00 p.m. the Mayor continued the special Meeting and
Appeal Hearing to April 9, 1996.
Respectfully submitted,