Resolution 2000-22
Resolution 2000-22
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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
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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
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Resolution 2000-22
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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:
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Rhonda Pellin, City Clerk
UH\477032.1
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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"\
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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~
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. 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
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LANDS OF BORGNA
9190 KERN AVE.
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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.
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(Seal)