HomeMy WebLinkAbout06-03-1957 City council minutesARATOGA CITY COUNCIL
TIME: June 3, 1957, 5:50 P. M.
PLACE: Fireman's Hall, Oak Street, Saratoga, California
TYPE: Special Meeting re Subpoenas
I ROLL CALL
Present: Brazil, Langwill, Williams, 8osanco
Absent: Jepson
Mayor Brazil stated that the purpose of the meeting was at the
request of counsel to issue subpoenas for next Council Meeting
re Aodoni Appeal.
Mayor :Brazil stated that as a result of his discussion with
the City Attorney he was of the opinion that the hearing
scheduled for June 5 was a legislative proceedings and not a
legal proceedings and it was up to the Council to determine
the procedure and it was to their complete discret ion as to
procuring attendance of interested people. He noted that two
of the people listed to be subpoened were employees of the
City and in his opinion this was not proper. Councilman
Aosasco stated that Admiral Crisp was listed as one of the
persons to be subpoened and is in Yosemite and will not be
back in Saratoga in time for the meeting.
Councilman 8osasco also posed the question as to the iden-
tification of the Mr. Halverson, listed on one of the
subpoenas.
Marshall Hall, attorney of San Jose, stated that Mr.
Halverson was the superintendent of the quarry at the time
it started.
Mayor brazil stated that it was up to the Council to deter-
mine whether the attendance is necessary, of the people listed,
and If so, is subp9ena approach necessary.
Marshall Hall stated that in his opinion the Council should
know the relationship between the Masson Winery, owner and
the quarry operators. He stated that he has reason to believe
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that Rodoni is not the real operator . The Council should
know who is in control, the lease as presented did not give
details, do not feel that Masson 1;inery will tell without
subpoena.
At this point in the meeting Marshall Hall gave forth with a
number of legal arguments for the issuance of subpoenas.
The City attorney countered with legal arguments against the
Issuance of the subpoenas.
The City Attorney stated that the matter of issuing subpoenas
is completely discretionary to the Council and that contradictory
to Mr. Marshall's statement (who had indicated that if subpoenas
were not issued by the City Council he would be tempted to take
the matter to the Superior Court for settlement) he did not feel
that Mr. :Tall would get anywhere in the Superior Court. He
stated further that the Council has the ddy, however, to attempt
to hear all evidence and therefore it is up to legislative dis-
cretion to determine how much evidence is necessary.
Councilman Williams asked the City Attorney whether in his
opinion the Council would be in better position if the witnesses
were present.
The City Attorney replied in the affirmative.
The City -Ittorney stated that there should be no carte blase
order for the issuance of subpoenas and that in the future every
time subpoenas are requested there should be a hearing as to the
reasonableness of the issuance of subpoenas.
Mayor Brazil stated that the City Council would conduct the
hearincr and that this is not to be an adversary proceeding but
an informational meeting. The Council decides what issues are
to be introduced and then ask what they want to know.
Councilman '' +illiams asked whether or not the persons could be
extended an invitation to appear and at the same time be warned
of the possibility of a subpoena.
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Mayor Brazil then made a motion directing the Clerk to
contact the people involved and invite them to appear
voluntarily at Wednesday's hearing and bring with them
the documents indicated in the subpoenas. If anyone re-
fuses voluntary appearance the Council will consider then,
the issuing of subpoenas.
Motion carried unanimously.
Councilman Rosasco moved for adjournment at 6:45 P. M.
Carried unanimously.
3 Present - 2 Press
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