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Councilmember Thorne questioned whether HCD or others could force the issue of requiring all 105 acres to be rezoned. Mr. Dolan said there would be no basis in the law for this. Councilmember Sullivan said that if it was the City's intent to receive comments, refine it, and end up with a number to what it needs, this intention from a policy standpoint be made as part of the motion. Councilmember McGovern said she thinks it behooves the Council to review the EIR and hold public comment on it before ever approving any rezonings and asked if there was time to do this. Mr. Dolan said the Council is required to certify the EIR prior to adopting the Housing Element or do rezonings. Councilmember McGovern clarified that a 45-day period exists for the public to comment. Mayor Hosterman questioned the timeline on the Council having the EIR and having it go out for public comment. Mr. Dolan said he believes staff will have the draft EIR published and out for review prior to receiving comments back from HCD, or in the next few months. Councilmember Sullivan confirmed the EIR will be reviewed in a public hearing by the Planning Commission as well, which will also allow for public comment. Councilmember McGovern said it sounds like the scope of the EIR and alternatives were chosen by staff and possibly not by the Planning Commission or other groups. Mr. Dolan said a scoping meeting was held where parties were invited to suggest what the content of the EIR would be. Councilmember McGovern asked and confirmed with Mr. Dolan that if there are other things that either the Council or the Planning Commission would want included in the draft, they could also be reviewed. Councilmember Cook-Kallio felt the more inclusive the Planning Commission is, the better, because things that have come up have been covered. Mr. Dolan agreed this to be true in terms of the sites. Mayor Hosterman clarified that page 6 of 9 in staff report talks about various ways to incentivize developers to provide for higher levels of affordable housing. Following discussion on the IZO, Citizens for a Caring Community made a number of recommendations for editing and wordsmithing but also more substantive changes, like the lower income housing fee, the condominium conversion ordinance, and IZO discussion, which is supposed to be discussed by the growth management subcommittee. After these discussions are held, she asked that these go back to the Housing Commission, the Planning Commission and the City Council so the public thoroughly understands what the changes look like. Mr. Dolan agreed, and said in some cases, it will be required while others, appropriate. Mayor Hosterman said she discussed with the City Attorney language which identifies the necessary affordable housing to be included, such as 15%, 20% and 25%. Some of it is contained in the form of a policy and some in the General Plan. She questioned what trumps what? Mr. Dolan said staff will need to look at the specific language in each of those. Sometimes the higher number is listed as a goal in the General Plan, and in the actual ordinance the minimum they must meet is lower. In many cases, State law will indicate that the General Plan trumps zoning; however, it is really in the land use designation area and it depends on how each goal or policy is worded. Councilmember Cook-Kallio said similarly on page 4.7 of the draft, it does explain the difference and the strength of each goal, policy, and program. She added that some of the policies do not have ordinances behind them yet but a policy with an ordinance would be stronger than one that did not have one. City Council Minutes Page 7 of 14 July 19, 2011