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matter would return to the City Council for consideration. However, <br />Developer has agreed to the language, thus binding once included in the <br />development agreement. <br />Developer Bisno said yes, for the record. <br />Councilmember Sarmiento thanked developer for representations. <br />Mayor Pro Tern Alvarez made a point of clarification; noted that trust and <br />representations by Developer were discussed earlier, don't require CEQA <br />review. <br />City Attorney Carvalho confirmed that proposed language is consistent <br />with what was read into the record and Developer has agreed, and if <br />Developer disagrees then it would invalidate approvals. <br />Mayor Pulido called for the question. <br />AMENDED MOTION: <br />1. Place ordinances on second reading and adopt; and <br />ORDINANCE NO. NS-2830 - AN ORDINANCE OF THE CITY <br />COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC <br />DEVELOPMENT NO. 43 (SD-43) TO ALLOW THE CONSTRUCTION <br />OF A MULTIFAMILY RESIDENTIAL PROJECT WITH 278 UNITS AT <br />200 EAST FIRST AMERICAN WAY (ZOA NO. 2012-01) <br />ORDINANCE NO. NS-2831 - AN ORDINANCE OF THE CITY <br />COUNCIL OF THE CITY OF SANTA ANA APPROVING AN <br />AMENDED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF <br />SANTA ANA AND VDC AT THE MET, LLC, A CALIFORNIA LIMITED <br />LIABILITY COMPANY <br />2. Direct the City Attorney and staff to draft language (in the <br />development agreement) that prohibits the sale or transfer of the <br />property for two years of the effective date of the approval (April <br />16, 2012), and include in the language, issues such as financing <br />and creation of related entities for purposes of prohibiting <br />transfers. <br />MOTION: Alvarez SECOND: Pulido <br />VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, <br />Pulido, Sarmiento, Tinajero (7) <br />NOES: None (0) <br />CITY COUNCIL MINUTES 8 APRIL 16, 2012 <br />1 0A-8