RES 78133 - Laserfiche WebLink

Resolution No. 78-133 ~Page 2. hold harmless agreement to injuries occurring on the site rather than all possible injuries (including accidents en- route) as provided for in the condition; and WHEREAS, the Planning Commission found that this change to the Condi- tional Use Permit was minor and voted to have the City Attorney modify the condition to exclude indemnification of the City for injuries "going to and coming from" the skate- board park; and WHEREAS, Frank C. Brandes, Jr. appealed the Planning Commission's decision to exclude indemnification for "going to and coming from" the site; and WHEREAS, the appeal was heard and a public hearing held by City Council on May 23, 1978. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE AS FOLLOWS: Section 1. To reverse the decision of the Planning Commission exclud- ing from the indemnification provisions "going to and coming from" the Skateworld site. Section 2. The City Council in considering the Planning Commission's decision is unable to make the findings required by Section 2-11.08 of the Ordinance Code of the City of Pleasanton; and that the health, safety and welfare of the City require that the developer of the skateboard park in any area of City not designed for bicycle and pedestrian use should provide insur- ance to cover children injured enroute to the site and indem- nifying the City from possible liability therefrom. Section 3. This resolution shall become effective immediately upon its passage and adoption. THIS RESOLUTION ADOPTED ON MAY 23, 1978 BY THE FOLLOWING VOTE: AYES: Councilmembers - NOES: None ABSENT: None ATTEST: Brandes, u er, e ~hart, Wood and Mayor Mercer KENNETH R. MERCER, Mayor APPROVED AS TO FORM: evine ey