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R 4140RESOLUTION NO. 4140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AN APPLICATION BY FIRST ASSEMBLY OF GOD TO DRILL A REPLACEMENT IRRIGATION WELL ON A PROPERTY ZONED PUBLIC FACILITY; APN 006-095-020; 207 PILGRIM WAY WHEREAS, First Assembly of God has submitted an application to drill a replacement well to irrigate the sports field at 207 Pilgrim Way; 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 sports field due to associated costs, and existing water supply agreements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby approve the application to drill and install an irrigation well at 207 Pilgrim Way, subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion of Council Member Costello, seconded by Council Member Guthrie, and on the following roll call vote, to wit: AYES: Council Members Costello, Guthrie, Arnold, Fellows, and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 25th day of November 2008 RESOLUTION NO. y 1y0 PAGE 2 TONY F ,MAYOR ATTEST: ct (~,{,~ KELLY ETM RE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER AS TO FORM: TIMOCT'bfY J. CARMEL, CITY ATTORNEY RESOLUTION N0.4140 PAGE 3 EXHIBIT "A" CONDITIONS OF APPROVAL FOR FIRST ASSEMBLY OF GOD 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 connect the new irrigation well system to the existing church and preschool irrigation system within a reasonable amount of time after completion of the well. 5. 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. 6. 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 1, 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. 4140 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council/Redevelopment Agency of the City of Arroyo Grande on the 25th day of November 2008. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 26th day of November 2008. KELLY ET ORE, CITY CLERK