Minutes 1996/04/09
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6786
Posting
Notice
Present
Appeal
Hearing
re:Club
As de Oros
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special Meeting
April 9, 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.
Andrew Faber, Acting city Attorney, noted that Mr. Cantu,
Attorney representing Club As de Oros would recall officer Sheedy
and emphasized that this hearing was not a criminal trial and the
issue is whether or not the facts exist based upon evidence
presented to uphold the City Administrator's decision to revoke
the regulatory bar permit of club As de Oros. He further noted
that statements made at the April 8, 1996 hearing by Attorney
Cantu to the effect that Officer Alba's conduct amounted to the
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commission of a felony was not true. He further noted that,
contrary to assertions by Attorney Cantu at the April 8, 1996
hearing in reference to corporal sheedy's conduct, that it is
legal to interview minors in this case as a witness in the course
of investigation.
Mr. Cantu requested that he be given access to tapes from
the Police Department of corporal sheedy's interview in this
matter, and requested continuance of this hearing. The Acting
city Attorney noted that the tapes could be potential evidence for
a criminal case, but were not pertinent to this hearing.
Councilman Valdez requested clarification of the process.
Andrew Faber explained and clarified same.
Mr. Cantu objected to denial of the motion for continuance
and recalled corporal sheedy, noting officer sheedy remains under
oath. corporal sheedy was cross-examined by Attorney Cantu.
At the conclusion of corporal sheedy's cross-examination,
the Mayor excused corporal sheedy until April 11, 1996 (continued
hearing date), where he is to be made available to testify solely
with respect to one recent police report. Acting city Attorney
Faber said an expurgated version of that report (with names of
minors removed) would be furnished to Attorney Cantu prior to the
next hearing.
city Administrator Baksa called his third witness: Lt. Lanny
Brown and he swore to the oath and was examined by Mr. Baksa.
At 8:52 p.m. the Mayor declared a Recess and reconvened the
meeting at 9:05 p.m.
Mr. Cantu cross-examined Lt. Lanny Brown. At 10:40 p.m. Mr.
Cantu requested adjourning the meeting. The city Administrator
and Council noted their desire to finish Mr. Brown's testimony
tonight if possible. Mr. Cantu continued to cross-examine Lt.
Brown.
At 11:17 p.m. the Mayor adjourned the meeting to a continued
special Meeting and Appeal Hearing on April 11, 1996 at 7:00 p.m.
and tentatively set April 16 and 18, 1996 for additional hearings
if necessary. Mr. Cantu requested that officers crumrine and
sullivan be available on April 11. Acting city Attorney Faber
said that the city would make these officers available voluntarily
for Attorney Cantu to examine, although they were not planned to
be called by the city Administrator. It was noted that one
officer would be available at 7:00 p.m. and the other available at
7:30 p.m., assuming that the testimony of each witness would take
no more than one-half hour to 45 minutes.
At 11:27 p.m. the Mayor adjourned the meeting.