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followed the process, left it and returned to find that the encroachment provision is being proposed. He has a Level 1 because of stairs to the boat dock and feels that the provision is pernicious and punitive. M/S Foust/Howard to extend the meeting to 11:30 p.m. The motion passed by a unanimous voice vote. Carole Wong, spoke as a resident of 14 years, stating that the header board at the top of the slope present a Level 1 situation for her. She expressed that the encroachment permit should be done in a fair way, encouraging Level 1 grandfathering without a hold harmless provision, fee or grace period due to the minor impact. Pat Dixon read the petition and a letter. M/S Ira /Hartnett to extend the meeting to 11:45 p.m. The motion passed by a unanimous voice vote. M/S Ira /Aguirre to close the public hearing. The motion passed by a unanimous voice vote. Council discussion and comments ensued. M/S Foust/Aguirre to adopt the staff recommended Redwood Shores Lagoon Bank Policy & Construction Guidelines (the Policy) as recommended by the Planning Commission at their June 21, 2005 and September 20, 2005 meetings. More specifically, the Policy, as adopted, applies to new construction and repair and /or maintenance of existing permitted construction. The City Council has requested that staff do some additional research regarding the property owner's concerns about the hold harmless clause that has been put forth in the proposed Encroachment Agreement. Therefore, no action will currently be taken for those properties identified with non - conforming improvements be they of Level 3 or Level 1 significance until the item can return to the City Council for further discussion. The motion passed by a unanimous voice vote. (100) MINUTE ORDER 06 -157 M/S Foust/Howard to extend the meeting until 12:00 a.m. The motion passed by a unanimous voice vote. JOINT CITY COUNCIUREDEVELOPMENT AGENCY MEETING MINUTES JULY 24, 2006 PAGE 8 MINUTE BOOK NO. 61 Page No. 226