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6.1.A. - Page 13 Bill Ekern, Director of Community Development, reiterated the actions before Council and he recalled that the prior action was to have the neighbors and the developer meet with a facilitator to find some common ground. He noted some progress was made through the two facilitated sessions and he proceeded to elaborate on the changes that were agreed upon. Mr. Ekern said that the general agreement (with agreed to changes outlined by the neighbors) was that the project was acceptable. He also noted that some neighbors discussed the possibility of buying certain lots immediately adjacent to certain properties. He added it was not the City's role to get involved in that possibility. He provided specific details on the changes accepted by both parties. There were some concerns on how the bank is defined and the 25-feet set back. He concluded that four years ago this project got approved there was a lawsuit followed by an EIR with all the impacts being identified and mitigated. There were no Council questions. Mayor Aguirre opened the Public Hearing. Mayor Aguirre again asked that all the cards be submitted at this time. Public Comment Kirk McGowan, owner and developer of the Finger Avenue project commented on the EIR (environmental impact report) and said he is pleased to be able to move forward. He thanked Mr. Ekern and commented on how the mediation process dealt with some misgivings and misinformation, and that he believes the community supports this project. He thanked Council for the opportunity to improve the communication with the community. Bob Lanzone, an attorney for Mr. McGowan, the developer, commented in detail on issues pertaining to the 25-foot setback, encroachment, trees, Planning Commission recommendations, storm water zoning, and findings from years past to current that are consistent with the General Plan. He asked Council to approve these resolutions. Vicky Messina Constantin, a realtor who lives in Clifford School District, said she works on selling homes farther away in the Woodside Road area and she is not related to this project. Based on her experience with people, she said what seems important to people is the surrounding neighborhood and school district. She opined that new homes make older homes more valuable for neighborhoods and shows that it is coming up and she is in favor of the project and hopes it will be built. Gabriel de Armero lives on Finger Avenue and he stated he does not have any business related to the developer Mr. McGowan. He spoke in favor and support of the project and opined that it will increase the value of his home and the neighborhood and encourages Council to support it. Julie Abraham said she lives on Finger Avenue, was at the facilitated discussion, and expressed her sincere thanks for the discussion with the developer. She spoke about past project denials related to the Cordilleras Creek and other project design concerns that have not changed. She spoke against the project and opined that if it is approved, the developer would no longer have any incentive to continue to work with the neighbors and made a reference to a letter that was sent to Council earlier. JOINT CITY COUNCIUSUCCCESSOR AGENCY BOARD September 10, 2012 MEETING MINUTES PAGE 13