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Resolution 2000-22 Resolution 2000-22 . . RESOLUTION NO. 2000-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REQUESTING APPROVAL OF AN OUT-OF-AGENCY CONTRACT FOR SERVICES REQUEST BY THE COUNTY OF SANTA CLARA LOCAL AGENCY FORMATION COMMISSION CONCERNING PROPERTY LOCATED AT 9190 KERN AVENUE, GILROY, CALIFORNIA. WHEREAS, pursuant to the Santa Clara County Local Agency Formation Commission (LAFCO) Policies and Guidelines, Section V, a local agency may request that the Executive Director and the Chairperson give administrative approval of proposals for out-of-agency contracts for services if there is an urgent health and safety concem and if the proposal meets certain criteria; and WHEREAS, the City Council must make certain fmdings set forth by LAFCO based on facts and evidence in the record regarding the immediacy of the health and safety concern and the need for the out of agency service connection; and WHEREAS, the owner of the residentially developed property located at 9190 Kern Avenue, Gilroy, California, Primo Borgna, has informed the City that the property's water supply was disconnected on February 11,2000 due to problems with the well serving it, and no longer has a source of potable water; and WHEREAS, the City Council is informed that the shared well that was serving this property and an adjacent property had a history of water production problems, and currently, there is insufficient water to supply the two parcels; and WHEREAS, the City Council is informed that due to the small lot size and the existing septic system, which requires a one hundred foot setback, the property owner is unable to drill a \JH\477032.1 01.{)41104706030 -1- . . well on his property;and WHEREAS, the City Council is informed that the lack of an adequate potable water supply, in the view of the County of Santa Clara, Department of Environmental Health, constitutes a public health hazard; and WHEREAS, the affected property is located in the unincorporated area of Santa Clara County; and WHEREAS, the City Council concurs that the only way to mitigate the current health hazard problem is to allow the property to be connected to the public water system operated by the City of Gilroy. NOW, THEREFORE, BASED ON THE ABOVE RECITALS AND EVIDENCE IN THE RECORD, BE IT RESOLVED THAT: A. The City Council hereby requests that the LAFCO Executive Director and the Chairperson give administrative approval to allow the City of Gilroy to provide water connection services to the property located at 9190 Kern Avenue for the residential use. B . The City Council hereby finds that the lack of a potable water supply source constitutes an immediate health and safety concern; the property is currently developed; this request is accompanied by a letter from the County Environmental Health Department stating that there is an immediate, existing danger to health and safety and that there are physical restrictions that prohibit a conventional service delivery method typically suited to the unincorporated area, all as set forth in Exhibits "A" and "Boo and incorporated herein by this reference; and there is an urgent health \JH\477032.1 01,041104706030 -2- Resolution 2000-22 . . and safety concern which requires immediate action. PASSED AND ADOPTED this 17"' day of April, 2000 by the following vote: AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO SUDOL, VELASCO SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: ~ (""11 ,f)-L., e--, (...J ~ ,..:::... - Thomas W. Springer, ~or ATTEST: ~ // . .rk~--U~4'- Rhonda Pellin, City Clerk UH\477032.1 01,041104706030 -3- Resolution 2000-22 County of Santa CIa. EXHI. A Dep<:1rtJl1t'IH of E11Vif(HlIllellfdl Hca!tll CCrHf<.ll Office - 2220 .\lnorpark. \\'t'"flllt', EilSl \Virlg. RO()fll j 00 P.O. Box 2{iO,O S~ln )asp, Cillilomi;:..l D:"3 159-6070 I~08) 299-(')060 F.-\X 2~-)8-()2G : March 23 2000 City of Gilroy Department of Engineering Attention: Mark Fachin 7351 Roseanne Street GHroy eA 95020 RE: PRIMO BORGNA 9190 KERN AVE. GILROY, CA Dear Mr. Fachm, The above residence had their water supply disconnected on February 11. 2000 and no longer has a source of potable water The shared well that was serving this and another property has had a history of water production proolems Cu,-ent!y there is insufficient water:o supply two parcels Due to 'hE smail lot size and existing septic system, which requires a ^ aO-foot setback. the property owner, Mr, Borgna, is unable to drill a well on hiS property The lack of an adequate potable water supply, in our view, constitutes a public health hazard. We feel that the only way to mitigate the problem would be for Mr. Borgna to be allowed to connect to the public water system operated by the city of Gilroy ~nr f, ,rther infnrmatinn pleose "oil ""'e at (An8) 200_Rf"\60 ~'"1,. ';-~ f--c''''e~- ",.nn . '_. ,"-",....... .. ;,,-,,,,, ~,__, '"-...... ""_ I" ,......v .......... ,-"v 01,Y ,HIlt;; ...........lvV C'11 w.vV a.m. and 500 p.m. Monday through Friday, Sincerely, <::---?";1 , V"\ () SUZANNE F MUZZIO, REHS SENIOR ENVIRONMENTAL HEALTH SPECIALIST CONSUMER PROTECTION DIVISION DEPARTMENT OF ENVIRONMENTAL HEALTH SOim! of Supervisors: D()nald F. ciage. BI(111C8 ,-\I\"(lfi:1cto. Pete .\IC-lugll. Jclfnt:'s T. Beall Jr. S Joseph SirniTinr~ O)lllllV Exec1.llive: Hicl"!21ro \Viltt"rll)er~ ~ .;-;~' . . EXHIBIT B Feb. 22, 2000 Mr. Norman Allen, The Borgna family owns a parcel with a small home at 9190 Kern ave. This home has been rented to a family of 4. Our parcel has been receiving water from a neighbor's w~LL belonging to Mr. Tsai. Due to ,,~LL problems, the water was disconnected on Feb. 11,2000. Our parcel is located on the corner of Kern/tatem. The Gilroy City utilities water/sewer are located next to our ?roperty. wnen South County Development installed all ci:y services directly across from our property, we paid for a lateral water line heck-up for a water meter. Now we are in a hardship situation in ~hich we need our parcel L) be connected to city water as soon as pc'ssible for our tenants daily water needs. I was also told by the city engineering dept. :0 contact LAFCO. I spoke with Naleema Pelacherla regarding this matter. Hope this problem can be solved soon. Thank vou. Sincerely, ~~'r' City Limit and Urban Service Area Boundary Line ~ I ~ JLid' 111'"'' i ~ J . " ,I T EXHIBIT LOCATION MAP I~ U I , i ",I , '- ' ",I 2 '7 .3 / 4 .7 - ,~I- -..-,~I SITE ., c:: I >;;;J <t."' I . """ \ I . . liA T"llM' . ~ ...-; r ''rC, ~ " , . \ ~ I Y I I . '- . '. . t I , ~. I -:~- . I 1.)' .1 , I I . , I I , I ; ;> 1-::''0 S go I -' \ , , .:;J ;> <: z ~ ~m <.D <.D '- -'" LANDS OF BORGNA 9190 KERN AVE. . . , . I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2000-22 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 17th day of April, 2000, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 27th day of April, 2000. \.~~, (Seal)