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ATTACHMENT 1 RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON APPROVING A PREANNEXATION AGREEMENT TO PROVIDE A SANITARY SEWER CONNECTION FOR 354 VIRGINIA WAY (GARY AND JANICE HABLUETZEL) AND AUTHORIZING AN APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION FOR AN OUT-OF-AREA SERVICE AGREEMENT WHEREAS, at the meeting of November 5, 2019, the City Council received a report from the Director of Community Development regarding the request from Gary and Janice Habluetzel for a sanitary sewer connection to an existing residence located at 354 Virginia Way in the unincorporated portion of Alameda County known as the Remen Tract; and WHEREAS, Government Code §56133 requires that a city make an application to the Local Agency Formation Commission (LAFCo) for an Out-of-Area Service Agreement before connecting any property outside the city limits to city water and/or sanitary sewer utilities; and WHEREAS, the request meets the criteria for out-of-area service prior to annexation due to: the failure of the on-site septic system; the property being located within the City's sphere of influence; and the owners' consent to enter into an agreement which meet the City's interests; and WHEREAS, the request additionally meets the criteria for the provision of out-of-area sanitary sewer service prior to annexation as the property owners agree to: a) pay sanitary sewer connection fees; b) pay all costs associated with making physical connections to City sanitary sewer system in a manner consistent with City standards in the determination of the City Engineer or designee; c) abandon the existing septic system on their property; d) pay pro-rata share of future frontage improvements along the property if the County or City in the future undertake public street frontage improvements, including, but not limited to, curb, gutter/stormdrain system, sidewalk, street lights, etc.; e) pay all City and County processing fees for LAFCo; f) obtain City design review approval for any future addition or alteration to the property requiring a building permit from the County; and g) agree to not subdivide the property; h) agree to (or vote in favor if) any future proposed annexation of the property to the City. NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING: SECTION 1. That this request is categorically exempt from review under the California Environmental Quality Act pursuant to Title 14 California Code of Regulations §15303(d) for new sewage extension. SECTION 2. Approves the request for sanitary sewer connection to the property at 354 Virginia Way, which connection is conditioned on LAFCo approval, and authorizes the City Manager to execute a Preannexation Agreement with Gary and Janice Habluetzel in generally the form shown in the attached Exhibit A. subject to minor modifications approved by the City Manager and City Attorney. SECTION 3. Authorizes staff to coordinate with the property owners and Alameda County to file an application with LAFCo for its consideration of an Out-of-Area Service Agreement