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2014-03-04 Regular Council Meeting Minutes (20140318) FINAL
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2014-03-04 Regular Council Meeting Minutes (20140318) FINAL
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Mayor Zamora stated that she would be leaving the dais and expressed it was unfair to continue with <br />this item. She explained that she is ill and could not proceed with the meeting. Mayor Zamora asked <br />the Council again if they would consider moving this meeting to next Tuesday. <br />CM Toro asked that the gavel be passed to Mayor Pro Tem Suchil to continue with this meeting and <br />if not, he asked the Mayor to continue with this meeting. <br />Mayor Zamora and CM Oliva excused themselves from the meeting and left the dais at 7:42 p.m. <br />Mayor Pro Tem Suchil presided over the remainder of the meeting. <br />Motion and second by CM Bennett/Navarro, to close the public hearing. <br />CM Gonzales stated that he did not want to proceed without the full Council due to the sensitivity of <br />this item. He continued to provide a summary of past proceedings of this matter and asked that the <br />Council reconsider continuing the public hearing to a future meeting. <br />CM Gonzales made a subsequent motion to continue the hearing to the next regular Council <br />meeting. Mr. Compton attempted to set a meeting date for a special meeting to hear this item and <br />was unable to do so due to conflicts. Motion died due to lack of a second. <br />MPT Suchil restated the previous motion by CM Bennett, seconded by CM Navarro, to proceed and <br />close the public hearing. <br />At 7:47 p.m., CM Gonzales stated that he was recusing himself from this item and left the dais <br />CM Bennett commented that although she was sick the last time this item was agendized, Council <br />continued to vote on this item. She stated that she understands being sick and that when she was <br />absent from that meeting, she did not anticipate the outcome of the vote and agreed with CM Toro to <br />continue with this item this evening. CM Bennett asked City Attorney Talley if the vote on this item <br />had to be a majority of members present or did it need a supermajority vote. Mrs. Talley continued <br />to explain the process and reminded the Council that all remaining council members need to stay for <br />the remainder of the hearing to continue. <br />MPT Suchil restated the previous motion again by CM Bennett, seconded by CM Navarro, to <br />proceed with this hearing and close the public hearing. Motion carried with Mayor Zamora, and <br />Council Members Oliva and Gonzales being absent. <br />MPT Suchil asked for decorum in the audience and stated that the public hearing is closed. At this <br />point, Megan Garibaldi of Rutan & Tucker, legal counsel for the applicant, approached the podium <br />and asked that the City Attorney advise the Council to reopen the public hearing. <br />MPT Suchil asked for a motion to reopen the public hearing. Due to no motion, the request failed. <br />MPT Suchil commented that he would respond to what he considered a personal attack and provided <br />a brief history of his background in law enforcement, providing a story from his past and how it <br />relates to his opinion of the property owner. He also stated that he was elected by the residents and it <br />is their best interest that he is concerned with and is prepared to move forward with a lawsuit if <br />necessary. <br />2014 MAR 4 REG CGSARDAICUAICHA/CHA MEETING - 5 - <br />
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