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INDUSTRIAL (M-1) TO SPECIFIC DEVELOPMENT NO. 88 (SD-88) (AA NO. 2014-04) AND ADOPTING SPECIFIC DEVELOPMENT NO. 88 (SD- 88) FOR SAID PROPERTY B. ORDINANCE NO. NS-2893 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A DEVELOPMENT AGREEMENT FOR THE PROPERTY LOCATED AT 2001 EAST DYER ROAD, BETWEEN THE CITY OF SANTA ANA AND HERITAGE VILLAGE OC, A DELAWARE CORPORATION MOTION: Amezcua SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez (1) Council discussion ensued on last item for consideration. Mayor Pro Tern Sarmiento, noted that last item on the recommendations was to amend the development agreement to include the in -lieu fees, as recommended by Planning Commission, City Attorney Carvalho, indicated that if it was Council desire to draft the language and negotiate with the developer, she can do that. Mayor Pro Tern Sarmiento motioned to approve, seconded by Councilmember Benavides. Councilmember Reyna, asked for clarification that affordable units will be built as part of another development. Planning and Building Executive Director Haghani, confirmed and noted that Planning Commission had made the recommendation, although the Planning Commission has not considered the project that funds would be earmarked; the housing opportunities ordinance provides for the developer to express preference to earmark in -lieu fees for certain project, but not obligatory. Also, if Council approves option #7 on the agenda report those provisions are not included in the drafted documents but additional action will be required. Councilmember Reyna, clarified that option #7 would allow staff to negotiate with developer, but matter would be agendized for Council consideration in the future. CITY COUNCIL MINUTES 23 FEBRUARY 2, 2016