2022-02-15 Regular - Laserfiche WebLink

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This Business Item - Agreement No. 2022-029 was approved. Moved by Councilmember Penaloza, seconded by Councilmember Mendoza to Approve. YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass 25. Adopt Ordinance No. NS-XXXX —ZONING ORDINANCE AMENDMENT NO. 2021- 03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE First reading at the November 16, 2021 City Council meeting and approved by a vote of 4-2 (Mendoza, Penaloza dissented and Bacerra abstained). Published in the Orange County Reporter on November 26, 2021. Continued from the December 7, 2021, December 21, 2021 and January 18, 2022 City Council meetings. MINUTES: Councilmember Phan recused herself from item 25 due to a conflict of interest and out an abundance of caution. Councilmember Bacerra abstained from item 25. City Attorney Carvalho addressed council regarding SA City Charter Section 4-10 requiring a majority of the full membership of the council which is consistent with the California Government Code 36936. Thus, four affirmative votes of the majority of the full membership of the council are needed to pass the ordinance. City Attorney Carvalho addressed council regarding a recusal versus an abstention. Councilmember Lopez requested City Attorney Carvalho provide sample language for ordinance regarding abstentions counting towards the majority vote. No action taken as vote failed. Mayor Sarmiento inquired if item would be brought back as a first reading or second reading after FPPC has opined. City Attorney Carvalho noted there was no action as the vote failed tonight and provided council with options. Addressed council's various questions. City Council 13 2/15/2022