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and only approve the Housing Element if certain language is included. She wished the committee had an opportunity to discuss this before coming to the Council and said she was not comfortable with the language presented. Councilmember Sullivan noted that he served as Co-Chair of the Housing Element and Hacienda task forces with Councilmember Cook-Kallio and that they spent a lot of time working through these issues with the community. He, too, felt a bit blindsided by not having had the opportunity to review or discuss the language before tonight or with the public. He acknowledged that the Council has had discussions about and agreed with the general concept presented but was not confident that the community understood what it all truly meant. Given that there is no deadline for certification, he said he was not ready to approve this without additional discussion. He recognized all the hard work of staff in balancing what was expressed by the Council with satisfying HCD but asked that they return to HCD, express that the Council is not prepared to accept this as is, and see what can be negotiated. Mr. Fialho explained that if the motion failed 2-2, the item would be rescheduled for reconsideration at the next Council meeting. The Council could then approve, deny or direct staff to take a different approach. Councilmember Cook-Kallio acknowledged staff's explanation that the proposed language is a compromise in order to avoid any mention of "by right" and asked what leverage, if any, the City has. Mr. Fialho said "none," with exception of the provision of 100% affordability. Councilmember Cook-Kallio asked the City Attorney to explain the protections offered by a certified Housing Element. Mr. Lowell stated that certification does give a presumption that the City's Housing Element is valid and therefore it is very difficult for a third party to argue that the City is not in compliance with State law in this regard. Certification also allows access to certain State funds, when available. "Self-certification" does not provide either of these benefits. Councilmember Cook-Kallio said she understood the concerns expressed by Councilmembers McGovern and Sullivan but that it has been repeatedly mentioned how much this is costing the community. She has also heard repeatedly how Pleasanton has become a target for those that want to push affordable housing. For these reasons, it seems wasteful and perhaps irresponsible not to pursue a State-certified Housing Element. She said staff has done a tremendous job of recovering whatever level of local control it can and that she would like to see this approved. Vice-Mayor Thorne said, and staff confirmed, that he saw nothing in the language presented, perhaps with one exception; that the City is not already required to do. He encouraged the Council to pass this and avoid the expenditure of any more money or staff time on chasing what is elusive. Councilmember Sullivan said he was very much interested in obtaining certification and disinterested in lawsuits or the unnecessary expenditure of money, but that he was also interested in the public process and protecting the rights of citizens. He said this would have a far-reaching effect on the City's future and what kind of control the citizens and Council have in determining what that looks like. He believed that staff had utilized whatever leverage was available, but that was before the Council weighed in on it. He would like staff to tell HCD that the City is very interested in cooperating but that the proposed language goes a bit too far. If HCD will not give, then at least the City will have had the benefit of two public hearings and an additional opportunity to educate the community. City Council Minutes Page 11 of 12 October 2, 2012