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Mayor Hosterman was concerned about the lack of clarity in state law. She said the Council is responsible for ensuring the availability of affordable housing throughout Pleasanton. She is not comfortable with the project as it stands and that it represents state intervention and usurpation in local land use. Councilmember Thorne assured the applicant that his comments are not a personal affront and that he understands staffs recommendation. He said that, as an elected official, he is tasked with making decisions that will serve the interest of the greatest number of people in the community. Making a decision tonight about what will happen in 10 years is neither appropriate nor in those residents' best interests. He cited this as another example of inappropriate state intervention in local planning issues and said the Council needs to stand against it without intimidation by threat of lawsuits. He explained that he is an avid protector of personal property rights but this does not benefit the majority of the community and he cannot support it at this time. Councilmember McGovern reported she read all 139 surveys and cited the concerns of residents as fixed income, age, unknown costs including HOA dues and maintenance fees, instability of future financing, lack of protection for non low- income rents, uncertain lot pricing, and the far reaching nature of the project. Some residents found it cruel and inhumane to pressure senior citizens on fixed incomes to contemplate securing a mortgage and all of the other uncertainties this process has engendered. She questioned whether it was true that these units do not count towards the City's affordable housing numbers. Mr. Roush said they are considered affordable by reason of the rents. Mr. Fialho said they do not appear on the list of restricted housing by way of project approval and he does not believe them to qualify as below market rate housing. Assistant City Manager Bocian explained that the City provides programs to make improvements to these mobile homes for low- income individuals. It also provides information on the park to individuals, particularly seniors, inquiring about affordable options. He said that in a large sense, staff does look at this as a part of the City's affordable housing stock. Councilmember McGovern asked if the Planning Commission denied this request because it felt the City would lose affordable housing for seniors, and Mr. Bocian replied yes. Vice -Mayor Cook- Kallio questioned if the units are required to be owner occupied or if they could be sublet. Mr. Roush stated that the current rules and regulations of the park do not allow for subletting but there has been discussion about being able to do so. Councilmember McGovern said that current rents at the park are between $500 and $950. It is unclear what those will go to and she is very uncomfortable not knowing that those units will remain affordable for seniors. She said Housing Element Goals 5 and 6 have policies for maintaining affordable senior housing in Pleasanton and she questioned if the property would remain a senior park once lots are sold. Mr. Roush stated that approval has been conditioned on such. City Council Minutes Page 7 of 11 August 18, 2009