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AMI column were also adjusted accordingly, the current figures of 9, 7, and 0 would likewise become 12, 9, and 2, again, for a total of 23 units in that column, and a grand total of 46 units. He requested that the Commission make that adjustment to the Affordable Housing Agreement and asked that the developer accept this change and that only with this change will the Planning Commission approve the Agreement and move it on to the City Council. He proposed that otherwise, the Planning Commission return this back to negotiation between staff and the developer for resubmission to a future Planning Commission meeting. Acting Chair Olson requested Mr. Sowell to verify that he came up with these additional numbers and totals based on all the housing units in the project and not just the rental units in the project. Mr. Sowell said yes. He stated that he thinks the 15 percent ought to be based upon the total units and not just the rental units. He added that to him, this is skirting and undermining the idea of the affordability and the zoning that took place. He noted that California Center similarly skirted and undermined the issue by overloading the number of 100 - percent AMI units and shortchanging the 15- percent and 80- percent columns. He indicated that he thinks the nature of the undermining is going on by counting the wrong total by counting the subtotal rather than the total total. Commissioner O'Connor asked Mr. Sowell if he saw the bullet -point statement located just below the affordable unit mix that he was looking at. Mr. Sowell said yes. He indicated that he does not see any linkage between that and his statement and asked if there should be a linkage and if that is the reason why the number is 32 instead of 46. Commissioner O'Connor replied that staff could address that later. Mr. Sowell stated that the point he wanted to raise is that he would like the Planning Commission to stipulate and require that those funds be added to the same housing fund to which the $4.5 million dollars that the Auf de Maur project contributed was added, and that the funds be held exclusively for affordable housing within the City of Pleasanton and not go into the City's General Fund. THE PUBLIC HEARING WAS CLOSED. Acting Chair Olson asked staff to explain the process involved for the affordable housing agreement. Brian Dolan stated that there were several things going on here, and one is kind of just what the Municipal Code says about affordable housing agreements and who is responsible for making those decisions. He explained that typically, the information on the affordable housing agreement is provided to the Planning Commission for information only; the process is that this is negotiated with staff and reviewed in detail PLANNING COMMISSION MINUTES, August 14, 2013 Page 6 of 17