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4C Public Hearing 2016 0919
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4C Public Hearing 2016 0919
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
9/19/2016
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<br /> Ordinance , Exhibit D: Amended Article 16 <br />Note: underlined and bolded text represents new text; strike through represents text to be eliminated <br /> <br />The owner/operator shall show proof of liability insurance as follows: <br /> <br />1. The types, amounts, periods of coverage, and provisions for periodic review as to <br />adequacy of coverage shall be specified in the conditions of approval. Required <br />insurance shall include, but not be limited to: general liability insurance, automo- <br />tive liability insurance, environmental impairment liability insurance, and archi- <br />tect’s and engineer’s professional liability insurance. <br /> <br />All such insurance shall name the City as an additional insured and shall be <br />maintained for the life of the site and such additional periods as shall be specified <br />in the conditions of approval. <br /> <br />2. Additionally, coverage will be provided for workers compensation insurance and <br />such other insurance as may be required. Said insurance will name the City as <br />either additional insured or as an additional loss payee. Certificates of insurance <br />will be submitted to the City annually. <br /> <br />3. An irrevocable trust will be established to provide funds for closure of the site and <br />its long-term post-closure and monitoring and maintenance. Funds for this trust <br />would be provided by the owner/operator of the facility quarterly, based on quan- <br />tity and types of percentage of gross income. The terms of the trust would be as <br />agreed upon by the project owner/operator and the City. The terms will be re- <br />viewed annually in regards to the amount of funds in the trust and anticipated <br />closure monitoring and maintenance costs. Applicants shall provide a bond in an <br />amount to be determined by the City for purposes of closure of the site. <br /> <br />4. The owner/operator shall defend, indemnify, and hold harmless the City, its offic- <br />ers, agents, servants, and employees, from all claims, actions, or liabilities aris- <br />ing out of the issuance of this permit, operations at the facility, and transportation <br />of wastes to and from the facility. <br /> <br />I. Local Assessment Committee (LAC). <br /> <br />1. Pursuant to Section 25199.7 (d) of the State Health and Safety Code, the City <br />Council shall appoint a seven (7) member Local Assessment Committee (LAC). <br />The membership, responsibilities, and duties shall be consistent with the provi- <br />sions of Section 25199.7 of the State Health and Safety Code. The LAC shall <br />cease to exist after the final administrative action has been taken by the state <br />and local agencies on the permit applications for the project for which the LAC <br />was formed. <br />
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