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Executive Director of Planning and Building Haghani, opined that it was not unreasonable to approve fee at $15 per foot. Mayor Pro Tern Sarmiento, motion to approve in -lieu fee as proposed with clarification as intended at the previous meeting which is to go from $5 to $15 per square foot for developments over 21 units. Executive Director of Planning and Building Haghani, corrected motion: in - lieu fee payment option of $5/square foot for project of 20 or fewer units and in -lieu fee option of $15/square foot for projects over 21 units and if developer opts to pay the in -lieu fee they will no longer be beneficiary of height and density and set -back adjustments as previously recommended only provided if built on -site; also may adjust pipeline projects may opt to pay $9.35 per square foot in -lieu fee (which is the weighted mean of the in - lieu fees imposed so far by Council) or the number they have already negotiated with Council. This would be the most fair and even handed way to address pipeline projects. If maintain amendment may opt to rent units instead of selling to those that do not qualify. Mayor Pro Tern Sarmiento, approved as summarized by Executive Director. City Attorney Carvalho, noted that due to substantive amendments City Council may either approve ordinance as prepared by staff and included in packet, return to the next City Council with revised 2" reading of ordinance, or approve ordinance as prepared and bring back new ordinance with new amendments included. Councilmember Benavides, recommend address fee modifications tonight and bring back new items at next meeting. Executive Director of Planning and Building Haghani, indicated that pipeline project issue would be one of the items included in subsequent ordinance. Executive Director of BIA Balsamo, noted that $15 in -lieu fee is not the highest in the County; concerned with doing away with building incentives. Kennedy Commission Executive Director, Covarrubias, commented on need for low and very low income housing in the community — wait time average 5-7 years. Councilmember Benavides, thanked all for dialogue; opined that ordinance allows for flexibility; noted that mixed used development may be impacted. FRIENDLYAMENDED MOTION: 1. Place ordinance on second reading and adopt; and CITY COUNCIL MINUTES 9 SEPTEMBER 1, 2015