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Home My WebLink AboutCC 2026-05-26_09j License Agreement with SLO County Flood Control for Stream GaugeItem 9.j. MEMORANDUM TO: City Council FROM: Andrew Perez, Interim Director of Community Development BY: Natalie Riddering, Planning/Engineering Permit Technician SUBJECT: Grant of License Agreement with San Luis Obispo County Flood Control and Water Conservation District DATE: May 26, 2026 RECOMMENDATION: 1) Adopt a Resolution authorizing the City Manager to execute a Grant of License Agreement with the San Luis Obispo County Flood Control and Water Conservation District for the stream gauge in Arroyo Grande Creek; 2) Find that adopting a Resolution authorizing the City Manager to execute a license agreement is not a project subject to the California Environmental Qualit y Act (“CEQA”) because it merely formalizes existing use and has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There are no financial impacts associated with authorizing the City Manager to execute the Grant of License Agreement. BACKGROUND: The Arroyo Grande Creek Stream and Rain Gauge Station is located along the south bank of Arroyo Grande Creek, within a portion of the Stanley Avenue right-of-way, 0.7 miles upstream of U.S. Highway 101, and north of Myrtle Street. The United States Geologic Survey (USGS) established the Gauge Station on December 18, 1939 in cooperation with the U.S. Army Corps of Engineers. On September 30, 1986, USGS discontinued its operations of the Gauge Station, and on the following day, October 1, 1986, the San Luis Obispo County Flood Control and Water Conservation District (District) assumed operations and maintenance of the Gauge Station. At the time, no documentation of the transfer from USGS to the District was recorded by either party. To cleanup and formalize the transfer, the District is currently working with USGS to formally transfer ownership of the Gauge Station to the District through the USGS Agreement for Page 172 of 466 Item 9.j. City Council Grant of License Agreement with San Luis Obispo County Flood Control and Water Conservation District May 26, 2026 Page 2 Gauge Transfer. To complete this, a signed agreement between the District and City granting the District permission to continue operating and maintaining the station. ANALYSIS OF ISSUES: The proposed Grant of License Agreement (Attachment 1 Exhibit A, the “Agreement”) formalizes the District’s longstanding operation and maintenance of the Arroyo Grande Creek Stream and Rain Gauge Station located on City property. The Agreement benefits the City by clearly establishing the District’s responsibility for operation, maintenance, repair, relocation, and removal of the Gauge Station and associated infrastructure. The Agreement also requires the District to maintain insurance coverage and indemnify, defend, and hold harmless the City from claims or liabilities arising from the District’s use or maintenance of the facility. The Agreement grants a revocable license, and does not create any permanent property interest. Formalizing these responsibilities reduces ambiguity, protects the City’s interests, and ensures the continued operation of important regional flood monitoring infrastructure. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adopt the Resolution authorizing the City Manager to execute the Grant of License and Agreement; 2. Modify and adopt the Resolution; 3. Do not adopt the Resolution; or 4. Provide other direction to staff. ADVANTAGES: The recommended action formalizes a longstanding arrangement for the Arroyo Grande Creek Stream and Rain Gauge Station and provides the City with clear documentation of the District’s responsibilities for the facility. The agreement protects the City through insurance and indemnification requirements, preserves the City’s authority over the right of way, and supports the continued operation of important regional flood monitoring infrastructure. DISADVANTAGES: The proposed agreement allows continued use of City property for the operation of infrastructure owned and operated by another public agency. While the agreement preserves the City’s ability to require relocation or removal of the facility, future City projects or maintenance activities within the area could require coordination with the District and potential relocation of the structure. ENVIRONMENTAL REVIEW: Authorizing the City Manager to execute this Grant of License Agreement is not a project subject to the California Environmental Quality Act (“CEQA”) because it merely formalizes existing use and has no potential to result in either a direct, or reasonably foreseeable Page 173 of 466 Item 9.j. City Council Grant of License Agreement with San Luis Obispo County Flood Control and Water Conservation District May 26, 2026 Page 3 indirect, physical change in the environment pursuant to CEQA Guidelines Sections 15060, subd. (b)(2)-(3), and 15378. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. ATTACHMENTS: 1. Resolution Exhibit A – Grant of License Agreement Page 174 of 466 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF LICENSE AGREEMENT WITH THE SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR THE STREAM GAUGE IN ARROYO GRANDE CREEK WHEREAS, the Arroyo Grande Creek Stream and Rain Gauge Station (“Gauge Station”) is located along the south bank of Arroyo Grande Creek on property owned by the City of Arroyo Grande (“City”); and WHEREAS, the United States Geological Survey (USGS), in coordination with the U.S. Army Corps of Engineers, established the Gauge Station in 1939 and maintained the station until 1986, when the San Luis Obispo County Flood Control and Water Conservation District (“District”) assumed responsibility for operation and maintenance of the Gauge Station; and WHEREAS, no formal documentation memorializing the transfer of operation and maintenance responsibilities from the USGS to the District was recorded by either party; and WHEREAS, in order to formalize the transfer, the District requires a license agreement with the City, authorizing the District to continue operating and maintaining the Gauge Station on the property; and WHEREAS, the City desires to assist the District in formalizing the operation and maintenance responsibilities for the Gauge Station by executing the License Agreement attached hereto as Exhibit “A.” NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby resolve as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. License Agreement. The City Manager is authorized to execute the License Agreement attached hereto as Exhibit “A”, with San Luis Obispo County Flood Control and Water Conservation District on behalf of the City. 3. Certification and Recordation. The City Clerk shall certify to the adoption of this Resolution and cause the License Agreement, to be recorded in San Luis Obispo County’s Office of the Clerk-Recorder. 4. CEQA. The City Council finds that authorizing the City Manager to execute this Grant of License Agreement is not a project subject to the California Environmental Quality Page 175 of 466 RESOLUTION NO. PAGE 2 Act (“CEQA”) because it merely formalizes existing use and has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment pursuant to CEQA Guidelines Sections 15060, subd. (b)(2)-(3), and 15378. On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 26th day of May, 2026. Page 176 of 466 RESOLUTION NO. PAGE 3 CAREN RAY RUSSOM, MAYOR ATTEST: JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: MATTHEW DOWNING, CITY MANAGER APPROVED AS TO FORM: ISAAC ROSEN, CITY ATTORNEY Page 177 of 466 EXHIBIT A Page 178 of 466 EXHIBIT A Page 179 of 466 EXHIBIT A Page 180 of 466 EXHIBIT A Page 181 of 466 EXHIBIT A IN WITNESS WHEREOF, the parties have executed this agreement on the day and year first written above. CITY OF ARROYO GRANDE Matthew Downing, City Manager ATTEST: Jessica Matson, City Clerk APPROVED AS TO FORM: Isaac Rosen, City Attorney SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT� John DiodatiuDirector Dated: '1 1�, I Z:v-----'--+-I �/�- APPROVED AS TO FORM AND LEGAL EFFECT: JON ANSOLABEHERE County Counsel Dated: April 20, 2026 65501.0000 I \44883442.2 Page 182 of 466 EXHIBIT A Page 183 of 466 EXHIBIT A Page 184 of 466