Loading...
Minutes 1996/04/11 - '-,:...... 6783 posting Agenda Present Appeal Hearing - ~--,......... 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. t Adjrnmt. ~ 678D \ 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~