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HomeMy WebLinkAboutR 2026-035 RESOLUTION NO. 2026-035 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 RESOLUTION NO. 2026-035 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 Guthrie, seconded by Council Member Secrest, and by the following roll call vote, to wit: AYES: Council Members Guthrie, Secrest, Loe, and Maraviglia NOES: None ABSENT: Mayor Ray Russom the foregoing Resolution was passed and adopted this 26 th day of May, 2026. JAMIE MARAVIGLIA, MAYOR PRO TEM ATTEST: JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: MATTHEW DOWNING, CITY MANAGER APPROVED AS TO FORM: ISAAC ROSEN, CITY ATTORNEY RESOLUTION NO. 2026-035 PAGE 3 EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A 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 EXHIBIT A EXHIBIT A OFFICIAL CERTIFICATION I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 2026-035 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 26th day of May, 2026. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 28th day of May, 2026. JESSICA MATSON, CITY CLERK