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the Community Development Director to design a process. She said the City could arrange a mediated discussion but we cannot compel a resolution. Another Council Member said that he is not too hopeful that there will be a resolution by September 10, 2012 and he had concerns about setting a precedent regarding the creek set back. He added that the Council has already approved the project in the past. Another Council Member made comments about the 25-feet creek setback. One Council Member said she wanted to be optimistic about the outcome and she hopes that there will be six to eight houses at the site that could make people happy. This Council Member referred to the stipulated judgment which lays out the options. Another Council Member said she too wanted to be optimistic. She believes the 25-feet set back is a good compromise, she is looking for an area for walking and allows public access (even though it is private), so that there is a neighborhood feel and sense of community. This Council Member likes the smaller units in the front to keep the smaller scale, but understanding that it is rural and transitional and it will not remain that way. This Council Member feels that fewer homes might be a better fit and rely on landscape to keep that same feel. This Council Member said she shared her views to try and give some clarity. Another Council Member said he found the tone of the letters respectFul and he appreciated them. He is concerned about the amount of time invested to 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 CITY COUNCIL July 9, 2012 MEETING MINUTES PAGE 11 MINUTE BOOK NO. 64 Page No. 178