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R 5013 RESOLUTION NO. 5013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING THE INSTALLATION OF TWO (2) NEW IRRIGATION WELLS ON PROPERTY ZONED AGRICULTURE; LOCATED AT 500 FAIR OAKS AVENUE; APPLIED FOR BY LEROY SARUWATARI WHEREAS, Leroy Saruwatari has submitted an application to drill and install two (2) new irrigation wells at 500 Fair Oaks Avenue in Arroyo Grande; and WHEREAS, Municipal Code Chapter 13.08 requires City Council review and approval of all new or replacement wells. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby resolves as follows: 1. The City Council finds the proposed irrigation wells will neither deplete nor contaminate the City water supply and are needed to serve the properties for agricultural purposes. 2. Based upon the fact that the City does not supply agricultural property with potable water, connection to the City's water infrastructure is not feasible. 3. The City Council of the City of Arroyo Grande hereby approves the application to drill and install two (2) new irrigation wells at 500 Fair Oaks Avenue, subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion of Council Member Paulding, seconded by Council Member George, and by the following roll call vote, to wit: AYES: Council Members Paulding, George, Barneich, Storton, and Mayor Ray Russom NOES: None ABSENT: None The foregoing Resolution was approved this 14th day of July, 2020. RESOLUTION NO. 5013 PAGE 2 CAREN RAY SOM, MAYOR ATTEST: 1 w►, / / OJi4uo/t - KELLY ET i•RE, CITY CLERK APPROVED AS TO CONTENT: BILL ROBESON, CTING CITY MANAGER APPROV S TO FORM: c /1A1.--.' TIMOTHY J. CARMEL, CITY ATTORNEY RESOLUTION NO. 5013 PAGE 3 EXHIBIT "A" CONDITIONS OF APPROVAL TWO (2) NEW IRRIGATION WELLS 500 FAIR OAKS AVENUE GENERAL CONDITIONS: 1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. 2. The installation of the wells shall occur in substantial conformance with the application and plans on file in the Public Works Department office. 3. The applicant shall comply with all the conditions of the City Council Resolution adopted on July 14, 2020, as well as the terms, conditions, and standards specified in the written permit issued by the County of San Luis Obispo Public Health Department. 4. The applicant shall agree to defend, indemnify and hold harmless the City, its agents, officers, and employees harmless, at its sole expense from any action brought against the City, its agents, officers, or employees because 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's fees which 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 their obligations under this condition. 5. This approval shall expire on July 14, 2022, unless a drilling permit is obtained from the County of San Luis Obispo Public Health Department. Time extensions may be requested in conformation with the Arroyo Grande Municipal Code. 6. The applicant shall install a meter on the new well heads and report annual pumping amounts to the City Public Works Department by December 31st 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 wells. 8. The applicant shall obtain permits for all electrical connections required for the new well pumps. 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. 5013 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 14th day of July, 2020. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15th day of July, 2020. /11J1 4uoft — KELLY W M E, CITY CLERK