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Connie Danielson, Environmental Consultant, for the project noted that the white tail kite had not been observed at the site which has been reviewed by three different biological consultants and no special status species were observed. He said that this is a protected species and it is good that this is brought up now and this is something that was anticipated by the biological firm. He said once this is established the biological firm will have to contact Fish and Game and establish a reasonable buffer. One Council Member spoke with the Mayor and the City Attorney about the fact that she wanted to address the issue prior to the developer and the public comment. She would like to delay the item and wait until September after some compromises are reached. She said that either way how it gets voted tonight this will probably end up in a lawsuit. This Council Member said that there has been a lot of communications this week and she said it is really hard to read that 75% of your constituents are being ignored. She said that Council is not ignoring anybody. This Council Member read excerpts from some of the letters Council received. She explained why Council is so hesitant to meet with folks while these decisions are being called out. She will not vote for this tonight because this is not reasonable. She wants to give it the next two months and wait and see what happens. She also referred to a stipulated judgment and the topical areas for an EIR. She said that you can't change the rules of the game when the game is being played. This Council Member wishes for the finro sides to sit down and find a compromise. This Council Member is unable to vote for it as it stands. She asks that people act reasonably and if two months can lead people in that direction that is worth it. Another Council Member believes that both sides attempted to talk and she asked what staff can do to make both parties move along efficiently. City Attorney Thompson said that there are a number of approaches and one of them might be to assign the City Manager and Community Development Director to lead a discussion with the groups. Mr. Ekern said that a facilitator could be brought in to see how far apart people are. The Mayor remarked that getting emails on this up to 5 p.m. and a large volume of correspondence was very hard, and she would like to see people work together and move forward and it can be done but it has to benefit all the areas and aspects. One Council Member would like a professional mediator working with the groups because after eight years, he thinks some assistance is needed. This Council Member also said to be careful of what you ask for and what you put into the record because it will impact all involved for current and future projects. He noted he had never seen so much accusation and lack of trust in all the communications. Another Council Member said he had similar concerns and ideas about finding some common ground, and he appreciated the leadership expressed by the Council Member that made the proposal to send stakeholders back to the table. Ms. Thompson said that today Council is not ready to make a decision based on the volume of information and material presented and that each group could designate a workable group that the developer could address and designating the City Manager and CITY COUNCIL July 9, 2012 MEETING MINUTES PAGE 10 MINUTE BOOK NO. 64 Page No. 177