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MOTION: Councilmember Penaloza moved to approve Recommended Action Nos. 1 <br />and 2 and set the recall election on November 7, 2023, seconded by Councilmember <br />Bacerra. <br />MINUTES: Councilmember Penaloza asked why the City Council would want to postpone <br />the item to a later date. <br />Councilmember Phan expressed why she would want to postpone the item. <br />Mayor Amezcua commented that if no agreement is made by August 15, 2023, the ROV <br />would set the date. <br />Councilmember Phan asked for clarification regarding associated attorney fees. <br />City Attorney Carvalho confirmed the City had not been officially served, she could not <br />provide an assessment on the case due to insufficient time to review, and spoke regarding <br />attorney fees. She stated that if the City Council postponed the item, the City Attorney's <br />Office would be able to provide a clear opinion and analysis. <br />Councilman Bacerra asked whether the plaintiff would still seek attorney fees if the City <br />Council moved forward or postponed the decision. <br />City Attorney Carvalho confirmed attorney fees would be recovered by plaintiff. <br />Discussion ensued regarding postponing or moving forward with the item and City <br />Attorney's analysis. <br />Councilmember Bacerra asked City Clerk Hall when she approved the petition signature <br />gathering, when the proponents submitted the required signatures, and when the City <br />Clerk's Office submitted to the ROV. <br />City Clerk Hall stated she approved the petition for signature gathering on April 7, 2023, <br />accepted the required signatures by the proponents on June 12, 2023, and submitted the <br />signatures to the ROV on June 13, 2023. <br />Discussion ensued regarding the continuance of the item to August 15, 2023. <br />MOTION: Councilmember Penaloza moved to approve Recommended Action Nos. 1 <br />and 2 and set the recall election on November 7, 2023, seconded by Councilmember <br />Bacerra. <br />City Council 17 8/1/2023 <br />