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R 4149RESOLUTION N0.4149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AN APPLICATION BY THE LUCIA MAR UNIFIED SCHOOL DISTRICT TO DRILL A REPLACEMENT IRRIGATION WELL ON A PROPERTY ZONED PUBLIC FACILITY; APN 006-095-001; 495 VALLEY ROAD WHEREAS, Lucia Mar Unified School District has submitted an application to drill a replacement well to irrigate the Arroyo Grande High School sport fields at 495 Valley Road; and WHEREAS, Arroyo Grande Municipal Code Chapter 13.08 requires City Council approval of all new wells; and WHEREAS, the City Council finds the proposed new well will not deplete nor contaminate the City water supply based upon the use and placement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby approve the drilling and installation of an irrigation well at 495 Valley Road subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion of Council Member Guthrie, seconded by Council Member Amold, and on the following roll call vote, to wit: AYES: Council Members Guthrie, Arnold, Costello, and Mayor Ferrara NOES: None ABSENT: Council Member Fellows the foregoing Resolution was passed and adopted this 18~" day of December 2008. RESOLUTION NO. 41Y9 PAGE 2 ~o-xs TONY F ,MAYOR ATTEST: ~_ KELLY E ORE, CITY CLERK APPROVED AS TO CONTENT: SSE N ADA S, CITY MANAGER APPROVED AS TO FORM: TI OTHY MEL, CITY ATTORNEY RESOLUTION N0.4149 PAGE 3 EXHIBIT "A" CONDITIONS OF APPROVAL.FOR LUCIA MAR UNIFIED SCHOOL DISTRICT REPLACEMENT IRRIGATION WELL GENERAL CONDITIONS: 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 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. 5. 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. 4149 is a true, full, and correct copy of said Resolution passed and adopted at a special meeting of the City Council of the City of Arroyo Grande on the 18~h day of December 2008. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 22"d day of December 2008. O/1.Q_ KELL W MORE, CITY CLERK