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some information on the question of evaluating roadways. Council posed questions of Mr. Passanisi and Mr. Willis. Ms. Ekas, Planning Manager, also responded to questions from Council on the Negative Mitigated Declaration and when an Environmental Impact Report (EIR) is applicable. Presenters: Susan Brandt-Hawley, the attorney's appellant addressed the Council and made her points in support of an EIR. She spoke on behalf of the Finger Avenue Pride Committee. She requested that Council consider the merits of the project even if the Negative Declaration is inadequate. She asked that after the Public Hearing all issues be discussed together, and she was hoping that the Council would deny the project. She believes there is a finding that the project is not in agreement with the aesthetics of the community. Mr. Dan Ponti presented to the Council the reasons for the appeal. He provided details on why he does not agree with this proposed development (presentation on file). Mr. Ponti believes the character of the neighborhood and the cultural resources have not been fully evaluated. He opined that there are facts and substantial arguments for a "fair argument". The developer's attorney, Mr. Lanzone, addressed the Council and was given the same amount of time. He spoke about the creek and that for California Environmental Quality Act (CEQA) purposes they feel that they have met these requirements. He made comments about a potential Historic Resource area. Dr. Laura Jones spoke as someone who did the historical review on the site and she spent 18 months in a partnership mode with the Historic Resources Committee reviewing the area. She provided details on the Finger Farm House and how this was looked at carefully. She said that ultimately she did not find that while this neighborhood has great charm it misses cohesiveness for the suggested on the historic resource area. She quoted that the possibility of a historic resource district is not warranted in the area. Alan O'Driscoll, a representative from BAGG Engineers addressed the Council and shared his views on the creek (images on file). He referred to a Geotechnical Summary on Finger Avenue that was presented to Council tonight. Mayor Foust moved into the second appeal and the appellant started. The developer, Kirk McGowan addressed the Council sharing details on the project and the fact that his specialty is in large lots and infill Housing. He provided details on the R1 zoning and how the project evolved. He shared some regional initiatives that could possibly support the existence of this project (presentation on file). He supports a planned development and he highlighted the modifications. He explained what a Planned Permit is. He provided details about the houses they are proposing and elaborated on the reports they did which included: soil, biological, arborist, traffic, historical etc. He also highlighted the changes that were made to the proposed Finger Avenue Development. JR Rodine addressed the Council on the issue of the Cordilleras Creek. He also spoke about the storm water ordinance and the pier and grade beam foundation building method. Susan Brandt-Hawley, spoke about the Fair Argument standard, the negative declaration, the need to show the facts and the need for evidence on the negative impacts and not on subjective issues such as aesthetics. She said she hopes the project will be denied as it JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BOARD AUGUST 3, 2009 MEETING MINUTES PAGE 4 MINUTE BOOK NO. 62 Page No. 434