Minutes 1996/04/11
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6783
posting
Agenda
Present
Appeal
Hearing
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special Meeting
April 11, 1996
Gilroy, California
The city Clerk noted that the Agenda had been posted on
April 10, 1996 - 8:47 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; 7:10 p.m.
The Mayor noted that it was the time and place scheduled for
the 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.
The Mayor requested a time limit on presentations such that
the evidence and final arguments would be finished by 9:30 p.m. on
April 16, 1996 (the next hearing) to allow the council to make
their decision. Mr. Cantu said that he expected to call eight
witnesses and was worried about being able to finish his case by
then. Acting city Attorney Faber noted that the time limit would
be a "presumptive" one only, and that if it appeared that Mr.
Cantu was not getting sufficient time to present his case, then
due process would require that he be given more time.
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 limted to the regulatory bar permit only.
councilman Valdez requested a written description of quasi-
judicial process under which this hearing is being conducted.
Motion was made by councilman springer seconded by
councilman Gilroy by the following vote that a presumptive time
limit be placed upon the remaining presentations to conclude by
9:30 p.m. on April 16, 1996 in order for council to have time to
deliberate: Ayes: Councilmembers: Gilroy, Morales, Rogers,
Rowlison, springer and Gage; Noes: councilmember: Valdez.
city Attorney Linda callon, present in the audience, stated
that this type of hearing may be continued from time to time and
that before a decision is made, public comment will be taken on
the issue. she stated that public comment would be taken at the
conclusion of the evidence first from those with knowledge of
relevant facts, then, from anyone else wishing to speak on the
issue of the proposed revocation, and that this procedure would
comply with the Brown Act.
The Mayor asked Mr. Cantu to call his witnesses and noted
that the city Administrator's witnesses are not completed because
he may recall officer sheedy for cross examination.
Andrew Faber, Acting city Attorney noted that officers
crumrine and sullivan are not required to testify, but were
requested by Mr. Cantu and are present to testify as a courtesy to
Mr. Cantu.
sergeant crumrine was sworn in by the Mayor and questioned
by Mr. Cantu. Exhibit "B", expurgated police reports of the
February 8, 1996 incident at the club As de Oros by Officers
crumrine and sullivan, were marked and made part of the record.
The city Administrator asked questions of sergeant crumrine.
councilmembers springer and Gilroy asked questions of sergeant
crumrine.
At 8:18 p.m. the Mayor declared a recess and reconvened the
meeting at 8:24 p.m.
The Mayor swore in officer Pat sullivan who was questioned
by Mr. cantu and cross-examined by the city Administrator.
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Adjrnmt.
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The Mayor recalled Lt. Lanny Brown for questions by the
Council.
At 9:24 p.m. the Mayor declared a recess and reconvened the
meeting at 9:27 p.m.
Council continued to question Lt. Lanny Brown.
At 10:33 p.m. the Mayor declared a recess and reconvened the
meeting at 10:40 p.m.
Mr. Cantu presented Exhibit "C" which was marked and made
part of the record. This was identified by Mr. Cantu as a blowup
of a portion of citation #A 014323 issued to the club by the state
Employment Task Force regarding illegal employment of minors.
Mr. Cantu called the 16-year old to testify and gave the
minor's name to the City Clerk. Acting City Attorney Faber
advised the Council that the 16-year old minor could testify
anonymously in this fashion with the television cameras not
directed at her. Mr. Cantu questioned this witness; she was
cross-examined by the city Administrator, and the Council also
asked questions.
Mr. Cantu requested the recording tape of the anonymous
caller to the Police Department in regard to the report of minors
within the Club As de Oros. The Acting City Attorney noted that
he would take the request under advisement and would respond to
Mr. Cantu the next day.
At 12:05 a.m., April 12, 1996 the Mayor adjourned the
meeting to a continued meeting and appeal hearing April 16, 1996
at 7:30 p.m.
Respectfully submitted,
~cz& :"
Susanne E. steinmetz, c~