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Minutes 1996/04/08 ..."-.~ ,..,-~,- ...............-""_.~ Posting Notice Present Appeal Hearing re:Club As de Oros .... .' ~-~ i " .......- ,.__.~ .. -.- l' 6 78 f) 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. "~1.(~""~~"""\\l~""",--=~2!lffi,r4;..~_:.~W~L~;;;:J;:t"",,,"!l:M,,":[;;~m~'.'~~==;:s;;.~.~.._"';.W;;='!^;;::A:~t,-<"l:..="~}S;".::;'~~' ;:'0:~' . 67gB 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,