HomeMy WebLinkAboutResolution 93-291 10/25/1993F~esolution No. ~~~ N C.S.
1 of the City of Petaluma, California
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6 RESOLUTION OF THE CITY COUNCIL
7 OF THE CITY OF PETALUMA
8 AUTHORIZING LIMITED EXCLUSIVE USE
9 OF THE URBAN SEPARATOR IN CONJUNCTION
10 WITH DEVELOPMENT OF SCHOOL FACILITIES BY
11 THE OLD ADOBE UNION SCHOOL DISTRICT
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16 WHEREAS, the City of Petaluma Corona/Ely Specific Plan states that it is the. intent of
17 placing school sites adjacent to the urban separator so as to allow the schools to locate
18 playground, playfield, and open space areas in the urban. separator; and,
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20 WHEREAS, the school site for the Old Adobe Union School District elementary school,
21 within the Corona/Ely Specific Plan area, would be inadequate in size without the use of
22 the urban separator for playfield and outdoor activities; and,
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24 WHEREAS, on October 7, 1993, the Old Adobe Union School District requested approval
25 for "exclusive use of the area during school hours".
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27 NOW, THEREFORE, BE IT RESOLVED, that the City Council finds as follows:
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29 1. That the requested use of the urban separator in conjunction with the development
30 and operation of the Old Adobe Union School District school, as conditionally
31 herein authorized, is consistent with the intent of the City of Petaluma General
32 Plan, the Corona/Ely Specific Plan and the City of Petaluma Zoning Ordinance.
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34 2. That the requested use shall not constitute park and recreation land improvements
35 as set forth in Chapter 20.34 of the Petaluma Municipal Code.
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37 3. That the requested use has been reviewed under CEQA and the local
38 environmental guidelines, and adequately addressed within the certified
39 Environmental Impact Report on the Corona/Ely Specific Plan.
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ReS. No.._9.3-291......... N.c.s.
1 BE IT FURTHER RESOLVED that the City Council hereby authorizes the limited
2 exclusive use of the Urban Separator, as set forth on the attached exhibit, adjacent to the
3 Old Adobe Union School District site, subject to the following conditions:
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5 1. An agreement shall be prepared, subject to review and approval of City staff, to
6 contain and address, but not be limited to, the following issues;
7 a. Hold harmless clause and insurance to benefit the City;
8 b. Specify the limit of exclusive use of the urban separator to be when school is
9 in session;
10 c. Provision of continuous path, within the urban separator, through or adjacent
11 to school outdoor facilities to connect existing and/or future urban separator
12 path system, and that such path shall not be covered under the exclusive use;
13 and
14 d. Identify responsibility of maintenance of exclusive use area with the School
15 District.
16 Said agreement shall be executed prior to commencement of any improvements by
17 the School District.
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19 2. A joint use agreement shall be prepared and executed between the City and the Old
20 Adobe Union School District prior to commencement of use of the urban separator.
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22 3. The Old Adobe Union School District shall defend, indemnify, and hold harmless
23 the City or any of its boards, commissions, agents, officers, and employees from any
24 claim, action, or proceeding against the City, its boards, commissions, agents,
25 officers, or employees with regard to the approval of this limited exclusive use or
26 associated with any activities sanctioned, approved or organized by the Old Adobe
27 Union School District within the area of the City owned urban .separator.
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29 Under the power and authority conferred upon this Council by the Charter of said City.
30 REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (1~~n`L~t~jx(1~6Ffdl~) meeting f
31 on the .-....25:(h_.-....... day of ..............~G1<Q.~2e1'....-_....................-., 19-~.~-., by the
32 following vote:
i y Atfor
33 AYES: Nelson, Sobel, Hamilton, Barlas, Shea, Vice Mayor Read, Mayor Hilligoss
34 NoES•. None
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ABSENT: None
ATTEST : .............. .........-.. -...... ..... .........-.......................... ..-•---•--•'-•~
City Clerl: 2 Mayor
Gbuncil File-°-.-..°--°---°--._..-........
cn to-ss His. h~,......9.3.-2.9.1........ N.cs.