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R 4773 RESOLUTION NO. 4773 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AN APPLICATION BY TERRY CHANDLER TO DRILL A REPLACEMENT IRRIGATION WELL ON A PROPERTY ZONED AGRICULTURE; APN 007-731-015; 980 EAST CHERRY AVENUE WHEREAS, Terry Chandler has submitted an application to drill a replacement well to irrigate the agricultural fields at 980 East Cherry Avenue; and WHEREAS, Municipal Code Chapter 13.08 requires City Council review and approval of all new or replacement wells; and WHEREAS, the City Council finds the proposed well will neither deplete nor contaminate the City water supply based upon the use and placement; and WHEREAS, the City Council finds that service from the City's water system is neither practical nor feasible to irrigate the agricultural fields. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby approve the application to drill and install a replacement irrigation well at 980 East Cherry Avenue, subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion of Council Member Brown, seconded by Council Member Ray, and on the following roll call vote, to wit: AYES: Council Members Brown, Ray, Harmon, Barneich, and Mayor Hill NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 14th day of February 2017. RESOLUTION NO. 1073 PAGE 2 i , JI HILL, MAYOR ATTEST: I KELLY T .RE, CITY CLERK A-PROVED AS TO CONTENT: JAS ii0 10 Virk OBERT MCF iv IN - - M CITY MANAGER APPROVED AS TO FORM: HE• HER WHITHAM, CITY ATTORNEY RESOLUTION NO. 4773 PAGE 3 EXHIBIT "A" CONDITIONS OF APPROVAL FOR TERRY CHANDLER REPLACEMENT IRRIGATION WELL GENERAL CONDITIONS: 1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. 2. The event shall occur in substantial conformance with the application and plans on file in the Public Works Department. 3. The applicant shall agree to defend at his/her sole expense any action brought against the City, its agents, officers, or employees because of the issuance of said approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney fees, with the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. 4. The applicant shall install a meter on the well head and report annual pumping amount to the City by December 31st of each year. 5. An approved backflow device shall be installed per City standard on the water meter service. 6. The applicant shall abandon the existing well on site and supply the Public Works Department with a letter stating said abandonment by the County of San Luis Obispo Public Health Department. 7. A copy of the well/driller report required by the provisions of Section 13751 of the Water Code of the State shall be submitted to the Public Works Department upon completion of the construction of the well. OFFICIAL CERTIFICATION I, KELLY WETMORE, 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. 4773 was passed and adopted at a regular meeting of the City Council/Successor Agency of the City of Arroyo Grande on the 14th day of February, 2017. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 21st day of February, 2017. • i I , KELLY WE MOS;,'E, CITY CLERK