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cities have done away with their IZOs with regards to rental housing. Other cities have done nexus studies, which the City is also undertaking. One thing the court did note was that parties can come to a mutual agreement, as is proposed here, such that a developer can provide rent restricted below market rate units in exchange for some sort of incentive like a density bonus or monetary incentive. Vice-Mayor Cook-Kallio asked staff to address Ms. Belding's comments that 100% AMI units are not truly affordable. Mr. Bocian said it depends on how one defines affordable. From Ms. Belding's perspective they are not affordable because the IZO says the units have to be for low and very low income. Another perspective would be that the units are affordable because they are rent restricted. Councilmember Brown said the recent effects of the Palmer case are challenging but that it seems the developer and the City have reached terms that each can live with. She said it is difficult to see high density housing come to Pleasanton but it must be done. She said she could support the project with Option 3, the addition of a parcourse around the block and a commitment to ensure security at the children's play area. Vice-Mayor Cook-Kallio asked if the yield of affordable units would increase with in lieu fees versus the applicant's proposal. Mr. Bocian explained that the project's fees would likely only total about $800,000, which is not even enough to secure an acre of land. Councilmember Pentin said this is a good project for the site and for Hacienda as a whole, but that he struggled with the depth of affordability for 2 and 3 bedroom units. He asked if the applicant would consider shifting 2 units each of the 2 and 3 bedrooms from 80% to 50% AMI. Vice-Mayor Cook-Kallio concurred. She acknowledged the time and effort invested thus far, said she would prefer to withhold a decision until after the workshop but also recognized that this could jeopardize the project. She expressed concern over setting an improper precedent and also over applying requirements that could result in litigation. Mr. Inderbitzen requested several minutes to confer with Pleasant Partners over the request. BREAK: Mayor Thorne called a brief break at 11:39 p.m. and reconvened the meeting at 11:50 p.m. Councilmember Pentin withdrew his request, explaining that increasing the depth of affordability was not enough to justify reducing the total number of units. He said he could support the proposal with Option 3. Vice-Mayor Cook-Kallio said she was devastated by the community's inability to achieve the level of affordable housing that its workforce needs and the continued mischaracterization about the,types of people that need this housing. Having said that, she did not believe it was the developer's responsibility to provide more than its share of affordable housing and appreciated their efforts to work within a number of constraints. She said she looked forward to a good workshop in which they can clearly define the community's goals and how to achieve them. Mayor Thorne also shared his appreciation for the developer's efforts and hopes that the workshop would help to identify methods to increase the inventory of affordable housing. MOTION: It was m/s by Thorne/Pentin to approve the staff recommendation with Option 3, as described and to introduce and waive full reading of Ordinance No. 2067 approving the application (Option #3) for a Planned Unit Development Major Modification and Development Plan (PUD-85-08-1D- 4M) to construct 305 apartments units, two retail buildings totaling 7,520 sq. ft., new sufrace parking City Council Minutes Page 20 of 23 April 16, 2013