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and set for public hearing; asked if applicant had contracted with consultant that <br />may create a conflict for Mayor. <br />Planning and Building Agency Executive Director Haghani, indicated that he <br />could not confirm or deny who the applicant had contracted with, but <br />conversation on that matter held at the Planning Commission meeting. <br />Councilmember Tinajero, motioned to de novo matter and schedule a public <br />hearing, seconded by Councilmember Amezcua to allow applicant to meet with <br />Councilmember. <br />Councilmember Benavides, fair request and asked what if any impacts delay <br />would have on opening. <br />Planning and Building Agency Executive Director Haghani, confirmed that <br />proposed action is approval of a conditional use permit to sell alcohol; the <br />supermarket opening can continue. <br />Councilmember Tinajero, stated that it was a matter of courtesy since applicant <br />has not reached out to all councilmembers. <br />Mayor Pulido, asked the City Attorney that if Planning Commission decision was <br />overturned if there had to be findings. <br />City Attorney Carvalho, indicated that Planning Commission decisions are <br />quasi - judicative decision; City Council may consider de novo hearing; if decision <br />overturned will require findings to support determination. <br />Councilmember Tinajero, would like to discuss operation of business and may <br />find that there is no issue; would like to schedule meeting to do due diligence as <br />a councilmember. <br />Planning and Building Agency Executive Director Haghani, will need time to <br />notice public hearing item. <br />Mayor Pulido, noted that location is former Ralph's Supermarket. <br />Councilmember Tinajero, stated that former is a large and reputable <br />supermarket, but does not know business practice of incoming business. <br />Councilmember Martinez, asked what it does to applicant if matter scheduled for <br />a month out; from a planning perspective what is the process to obtain a <br />Conditional Use Permit (CUP); what is time frame for other applicants and is this <br />consistent with other applications? <br />Planning and Building Agency Executive Director Haghani, noted that Santa <br />Ana Municipal Code (SAMC) current practice is an anomaly; normal case is 3 -4 <br />CITY COUNCIL MINUTES 17 JUNE 7, 2016 <br />1 0A -17 <br />