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ATTACHMENT 1 RESOLUTION NO. 22- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON APPROVING A PREANNEXATION AGREEMENT TO PROVIDE WATER AND SANITARY SEWER CONNECTIONS FOR 720 MOCKINGBIRD LANE AND AUTHORIZING AN APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION FOR AN OUT-OF-AREA SERVICE AGREEMENT WHEREAS, at the meeting of March 1, 2022, the City Council received a report from the Director of Community Development regarding the request from Kevin Nguyen and Eleanore Yee for water and sanitary sewer connections to an existing residence located at 720 Mockingbird Lane in the unincorporated Happy Valley area of Alameda County; and WHEREAS, Cal. 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 sanitary sewer services; and WHEREAS, the request meets the criteria for out-of-area services prior to annexation due to: the property being located within the City's sphere of influence, the failure of the existing septic system, 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 water and sanitary sewer services 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 water and sanitary sewer systems in a manner consistent with City standards in the determination of the City Engineer or designee; c) abandon the existing septic system on the property; d) pay pro-rata share of previously constructed City water and sanitary sewer infrastructures in Happy Valley; e) 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.); f) agree to (or vote in favor if) any future proposed annexation of the property to the City; g) obtain City design review approval for any future addition or alteration to the property requiring a building permit from the County; h) agree to not subdivide the property; i) pay all City and County processing fees for LAFCo; receive approval from LAFCO; and (j) receive approval from the Livermore Amador Valley Water Management Agency (LAVWMA), as applicable. 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 water and sanitary sewer service connections to the property at 720 Mockingbird Lane, which connections are conditioned on LAFCo approval, and authorizes the City Manager to execute a Preannexation Agreement with Kevin Nguyen and Eleanore Yee in generally the form shown in the attached Exhibit A, subject to minor modifications approved by the City Manager and City Attorney.