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Ms. Dennis stated that this arrangement belonged to the homeowners. She felt that if <br />Council needed to specify anything it needed to be done now. <br /> <br /> Mr. Roush stated that agreement could be reached with the Association on the threshold <br />amounts to trigger additional inspections. <br /> <br /> Ms. Mohr asked for flexibility since one enormous storm might have a different effect <br />than a series of moderate storms. <br /> <br /> Ms. Dennis felt that the final language of the conditions needs work. She felt that Mr. <br />Roush would be working on the language in regards to the rainfall issue with the homeowners <br />association. <br /> <br /> Mr. Roush reiterated his understanding of Council's proposed changes, in addition to the <br />proposed revisions that were sent to Mr. Wendt: the amendment to the CC&Rs would not be <br />changed without the City Council's approval; that the geo-technical consultants that would be <br />retained would be licensed by the State of California; there would be a need to quantify the <br />frequency of the inspections during the rainy season (subject to an agreement with the Public <br />Works Department and homeowners association in terms of establishing the threshold amount); <br />and to express in the program or the CC&Rs that the soils engineer and the licensed geologist <br />need to be on site anytime there was an opening or exposure of the ground. <br /> <br /> Ms. Mohr asked the homeowner association's representative (in the audience) if there <br />were any objections to the items that Mr. Roush listed. <br /> <br /> Mr. Springer stated he had no objections. <br /> <br /> Mayor Tarver stated that he felt there should have been discussion in the agreement about <br />noncompliance and violations of the terms and hefty fines imposed if someone violates the <br />conditions. He stated that he still wanted some assurances that the City would not be held liable. <br /> <br /> It was moved by Ms. Mohr, and seconded by Ms. Michelotti, that Resolution No. 95-58, <br />be adopted, providing that if the Geologic Abatement Program in a form as approved by the City <br />Attorney, including the revisions made by the Council, and the Second Amendment to the <br />Declaration of CC&R's for the Golden Eagle Estates, in a form as approved by the City <br />Attorney, including the revisions made by the Council, are both adopted by the Golden Eagle <br />Estates Homeowners Association, the City will undertake no further geological studies of the <br />site, other than those required/permitted by the Program, or as required by individual <br />homeowners as they develop lots within the subdivision. <br /> <br />06/06195 10 <br /> <br /> <br />