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6.1.A. - Page 76 approve nine units and he is hopeful that a compromise may be reached. This Council Member is also optimistic that with a facilitator there is hope and he supports the recommendations of the Planning Commission on the creek set back. Another Council Member would like to move expeditiously on this matter and not sit on it. Regarding the 25-feet set back he is concerned with setting precedent and if the findings can be made. He is trying to avoid unintended consequences so that the ordinance is respected. This Council Member believes that neighborhoods are diversified in style. Another Council Member said that she agreed with the comments on the 25 feet set back. Mayor Aguirre said that tonight is not the night to give a lot of input and she would like September to be the date but she does not want to make it unfair to the developer. She would like the groups to work together and not have the neighbors that are adjacent to the property involved, because this should be about the community's best interest, and not those that are directly impacted. She is also concerned about the impact this will have on staff resources. Mayor Aguirre said she would like to give those who submitted cards and opportunity to address Council. Mr. McGowan, the developer, said he feels insulted because they have worked with the neighborhood. He said that in 2009 the Council approved the project and then they got sued and the settlement agreement was the EIR which got done and now the neighbors are coming back and he believes this is a hardship. He said he has worked with the neighbors in the past and will continue to do so. Public Comment Matt Leddy, a resident with a Masters degree in Ecology, a biology teacher at the College of San Mateo and assistant curator of birds at the Academy of Sciences, said Mr. Ponti invited him to view the site last Saturday and they saw two white tail kites at the site. He also said there was a partial bat skull so he suspects they are there as well. Julie Abraham expressed appreciation for the passion, creativity and collaborative opportunity to dialogue and work together and opined this process is also beneficial to Mr. McGowan. Dean Collins, with the Finger Avenue Pride Committee, expressed appreciation for the drawing and spoke in favor of a mediation process for people with different viewpoints. He opined there will be a project out there and questioned how to compromise with the same plan from eight years ago. Daniel Ponti, representing the Finger Avenue Pride Committee, thanked Council Member Foust for her comments, expressed hope for this discussion, and noted that is why they sent their letter. He spoke about the fact that they are all tired, but they are now ready with ideas about reducing costs, mitigations, reuse of buildings. He also apologized for late emails while noting that it is hard to formulate them until they see the staff report on Thursday night prior to the meetings. He asked if there is a way to stagger the staff reports so they come out a week before the Council meetings. CITY COUNCIL July 9, 2012 MEETING MINUTES PAGE 11