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replied that the plan was adopted in July 2009; it was in draft form when the Council adopted the General Plan in 2009. Councilmember Sullivan referred to the rezonings and Site 7; the MDR additional rezonings. This is something they had not talked about throughout the task force process and 7 acres at 30 units to the acre is part of what the City is required to do, but he questioned why they were proposing medium density residential for the rest of the property. Mr. Dolan and Councilmember Cook-Kallio both indicated they had a different recollection of this from the task force process. Mr. Dolan said that in looking back to the material as far back as February, the idea was there was 26 acres and 13 acres went to retail and 13 acres left. Immediately, staff recognized the tolerance for 13 acres at 30 units per acre was going to be very small given the surrounding community which would represent an over-concentration. Staff began to look at splitting up the property with various combinations of 23 units per acre and 30 units per acre zoning, but they always anticipated and evaluated in the EIR a left-over piece which they did not feel was appropriate to leave with some partially approved office project on it. They discussed with neighbors that the density there would be exactly what is across the street on Valley. Councilmember Cook-Kallio pointed out her recollection as the feathering effect which would provide consistency with what currently exists. Councilmember Sullivan said he knows the Auf de Maur/Rickenbach property will not be in the East Side Specific Plan but they will greatly benefit from the El Charro extension and he asked if a condition could be included for them to pay their pro rata share for this benefit, along with the east side properties when it goes through the financing plan for the Specific Plan. Mr. Dolan said this can be done as part of the PUD and staff has discussed this with the current owners. By having it in the minute record will accomplish this. Councilmember Cook-Kallio said because this will be included in the minutes, she reiterated that whatever is done in that area there should be some conversation and documentation early on in terms of how that extension is going to be connected and how it will be financed. Councilmember Thome ask if not rezoning part of the lower density of Site 7 would make it more vulnerable to subsequent rezonings when the new RHNA allocations are assigned. Mr. Dolan agreed this was true. Mayor Hosterman opened the public hearing. Becky Dennis, Citizens for a Caring Community, the council to move forward quickly with the East Side Specific Plan, said she did not believe there was an overage of acreage but rather a shortage based on how the units are counted as 100% affordable when the guidelines prohibit this. She asked to either increase density on another site(s) which would go a long way in getting the plan approved in the first round. She also believed the Inclusionary Zoning Ordinance is a significant constraint and the City will end up with so many 30 units to the acre housing which she felt should be minimized and really count towards meeting the very low income requirements. If it is not clear in the Housing Element that the City has a policy of promoting partnerships that achieve a 15% to 20% inclusionary rate, the City will end up having this returned. She also stated a nexus study is required to address the lower income housing fee. Lastly, she is concerned that the change made regarding growth management does not address HCO's comments and felt a program is needed to indicate what the City will do to prevent those constraints from preventing the City from meetings its goals. Rick Irby referred to Site 6; 3780 Stanley Boulevard, and they have no objection to the housing and asked for the Council's support to maintaining this site for housing. City Council Minutes Page 8 of 13 January 4, 2012