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4�60 � such organizations as the Arrr�y Corps of Engineers, Bay Conservation and Development Commission, Regional Water Quality Control Board, etc , the likelihood that the developer could not proceed if required to locate the system elsewhere, and the different attempts by the City to solve the many problems associated with Neptune Beach. City Manager Fales asked that the record show that the poor house- ' keeping habits of those who use storm drains for disposal of the kind of materials which encourage the growth of algae is a ma�or part of the source of the problem, that residents have been advised many times of their responsibilities with regard to improper use of storm drains. Mr Fales noted that acceptance of use of Neptune Beach for recreation purposes should be discouraged, that there are certain re- qutrements as to what may be discharged into San Francisco Bay, that the City is responsible for the discharge, and that the storm drainage system design includes the use of the area as a storm drain as top priority Mr. Fales advised further for the record that when esti- mates are available on the cost of various stages of possible tmprove- ment, they will be given to Council promptly, but that the sub�ect proposed development has nothing to do with it. It was stated that Redwood Shores residents believe promises were made with regard to the use of the Beach for recreation and that additional development might increase the problems at the Beach. The motion failed by ma�ority voice vote, Mayor Leipzig reporting a vote of two "Yes" and five "No" Lengthy discussion followed and Mr Fales and Assistant City Attorney Maloney replied to questions and commented concerning the responsi- � bilities of prospective homeowners in the proposed development, the desire of Council that buyers be made fully aware of those responsi- bilities; the fact that State law requires that disclosure by the seller be made to initial buyers of their responsibilities, whether or not subsequent buyers would not learn what their homeowners association fee covers when they are expected to pay it; the diffi- culty of forcing buyers to make themselves aware of the responsibilittes they are undertaking in the homeowners association, and the difficulty of making short versions of documents which must be long in order to insure all matters are covered as in Covenants, Conditions and Re- strictions for planned developments. MOTION• Tttle having been read, Councilman Biagi introduced the following resolution and rtaved, seconded by Councilman Barrett, its adoption RESOLUTION NO 7623 GRANTING EXCEPTIONS TO CERTAIN PROVISIONS __ _ _ OF CHAPTER 30 OF THE CODE OF THE CITY OF REDWOOD CITY - DONALD L BREN COMPANY ' Councilman Norris stated for the record that he believes it is un- acceptable to penalize future residents by imposing requirements that the homeowners association be responsible for maintenance of the streets, street signs, street lights, traffic signs and markings, striping and storm drainage facilities Councilman Norris stated it , is a basic question of equity, noting that the City Council has ex- cluded the financial involvement of the greater Redwood City Community in paying for the streets, water, parking, sewers and other public -3- Reg Mtg 6/28/76