Minutes 1996/03/11
6768
posting
Agenda
Roll Call
Appeal
Hearing
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special Meeting
March 11, 1996
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
The city clerk noted that the Agenda had been posted on
March 7, 1996 - 3:50 p.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;
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, california.
Andrew Faber, Acting city Attorney, explained the appeal
process.
Arthur Cantu, Attorney representing the owner of club As de
Oros, requested a spanish translator for the hearing proceedings.
council agreed and a spanish translator came forward and
translated the proceedings. The Acting city Attorney noted that
the official language of record is English and the translation is
provided as a courtesy.
Mr. cantu requested that councilmembers Gage and Gilroy not
take part in the hearing due to a conflict of interest and
explained the reasons for this request.
The Acting city Attorney explained that a councilmember
should disqualify himself if he was sufficient biased in the
6769
matter that he would be unable to be impartial in the proceeding
(that is, to render a decision based upon the evidence at the
hearing).
The spanish translator declined to continue translating and
Rosalinda Lopez came forward and volunteered to translate the
hearing in spanish.
Mr. Cantu continued with his explanation and request for
councilmembers Gage and Gilroy not to participate in the hearing
and noted if he believes the city Attorney's interpretation is
incorrect he is prepared to submit the question to the Attorney
General for his ruling.
Mayor Gage responded to Mr. Cantu's statements alleging
conflict of interest and stated that he could be impartial at this
hearing, and declined to disqualify himself.
Councilman Gilroy responded to Mr. Cantu's statements
alleging conflict of interest and stated that he could be
impartial at this hearing and declined to disqualify himself.
Mr. Cantu then requested a continuance of the hearing citing
three reasons: (1) to enable him to get further information about
alleged involvement by the city of Gilroy in the state Task Force
action on March 8, 1996 against his client and other bars; (2) to
enable him to obtain an opinion from the Attorney General on the
alleged conflict of interest; and (3) the reasons for which he did
not state but he said would be explained by Ms. Batrez.
Mr. Cantu deferred to Irma Batrez, Representing the Hispanic
chamber of Commerce and LULAC to support his request.
Irma Batrez addressed the council and noted that adequate
reasons were given by Mr. Cantu for an extension of the appeal
hearing further explaining the reasons given on March 4, 1996 in
support of Mr. Cantu's request continuance.
Andrew Faber, Acting city Attorney, responded to Mr. cantu's
request for continuance as follows:
1) The actions by the state on March 8, 1996 are not
involved in this hearing, and do not constitute grounds for
continuance.
2) Alleged conflict of interest on councilmembers Gage and
Gilroy has been decided; both have reported they can be impartial,
and this is not a matter for the state Attorney General; and
3) The third ground for continuance, presented by Ms.
Batrez, raised essentially the same grounds that were requested at
the hearing of March 4, 1996. The council is not required to
grant a continuance based upon these reasons, but may grant such a
continuance if it deems it appropriate.
Discussion was had by council on the matter of continuance.
councilman valdez requested a certified court interpreter and non-
resident of Gilroy be selected if the matter is continued.
councilman Morales requested a Closed session prior to proceeding
with this hearing. Andrew Faber, Acting city Attorney, noted that
if five councilmembers agreed that there was a need to take
immediate action and that the need for action came to the
attention of the council after the agenda was posted, then a
closed session could be held that night.
Motion was made by councilwoman Rowlison seconded by
councilwoman Rogers and approved by the following Roll Call vote
to continue the Appeal Hearing to April 8, 1996 and April 9, 1996
if additional time is needed; (Hour to be determined and posted):
Ayes: councilmembers: Gilroy, Morales, Rogers, Rowlison, springer,
valdez and Gage.
6770
Adjrnmt.
Motion was made by councilman valdez seconded by
councilwoman Rowlison and approved by the following Roll call Vote ,
that the regulatory bar permit of club As de Oros would remain in
effect unless and until the Council acted to revoke the permit,
subject to the business abiding by all of the requirements for the
bar permit and supplemental restrictions as outlined in Exhibit 1
of the staff Report, as well as all state and local laws, and that
any violation thereof would be cause for immediate suspension of
said permit. Ayes: councilmembers: Gilroy, Morales, Rogers,
Rowlison, springer, Valdez and Gage.
During the discussion on the preceding motion, Mr. Cantu was
asked whether his client understood and agreed to abide by all
conditions of the permit as well as by all provisions of state and /
local law applying to his bar. He discussed the matter with his
client and then stated on the record that his client understood
and would comply.
councilman Morales withdrew his request for a closed
session.
staff was directed to obtain a certified interpreter for the ,
hearing.
Andrew Faber, Acting city Attorney, advised council that
their decision must be based upon evidence received in writing or
at the appeal hearing thus, it is recommended that evidence not be
received outside of said hearing.
At 8:40 p.m. the Mayor adjourned the special Meeting to
April 8, 1996, time to be determined and posted.
Respectfully submitted,
~= steinmetz, city