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Mr. Swift estimated that the setback there is either 15 or 20 feet. The units have a "tuck under" garage and are therefore higher from the street level than the proposed development by about five feet. Ms. Mohr referred to the Gold Creek development and the fact that it has a homeowner association maintained creek area. She asked if the creek in the Presley project was also to be maintained by a homeowner association. Mr. Swift indicated all the creeks in the area are maintained by homeowner associations except in the parks. Ms. Mohr asked how that situation had worked to keep the channel free-flowing and clear. Mr. Swift stated it has been satisfactory. He cited other locations where creekbeds had been privately maintained. This is the only project the City has approved along a major arroyo (Zone 7 flood control channel) where a homeowners association would retain actual ownership of the creek. This channel is different from the other creeks because it carries much more water. Ms. Michelotti asked if there would have to be a maintenance plan and funding in place that would be monitored by the City.'? Mr. Swift indicated that is what is recommended by the geotechnical studies. The funding can come from the homeowners association dues or by assessments levied by a geologic hazard abatement district. The intent is to have routine maintenance done by the homeowners association and any repairs done by the GHAD. Ms. Michelotti asked for clarification on the liability for the park. Mr. Swift explained that in other publicly owned parks, the City owns the equipment and is responsible for inspection and maintenance. In a privately owned park, the owners association owns and maintains the equipment. If the equipment is used by the members of the homeowners association, its liability policy is available to cover the property owners. The difficulty arises in finding insurance coverage for play equipment and parks owned by a private organization, but open to the general public. Mr. Swift believed that if the City does not have the ability to monitor the equipment and require repairs when necessary, then the City should not shoulder the liability. Ms. Michelotti indicated that the amenity is supposed to be a public park with a trail and crossing to the arroyo to access the Centennial Trail. She did not want people to be led to believe that there is a public access and then have it taken away. 02/07/95 - 17-