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RESOLUTION NO. 22-1276 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON <br />APPROVING A PREANNEXATION AGREEMENT TO PROVIDE WATER AND <br />SANITARY SEWER CONNECTIONS FOR 720 MOCKINGBIRD LANE AND <br />AUTHORIZING AN APPLICATION TO THE LOCAL AGENCY FORMATION <br />COMMISSION FOR AN OUT -OF -AREA SERVICE AGREEMENT <br />WHEREAS, at the meeting of March 1, 2022, the City Council received a report from the <br />Director of Community Development regarding the request from Kevin Nguyen and Eleanore Yee <br />for water and sanitary sewer connections to an existing residence located at 720 Mockingbird <br />Lane in the unincorporated Happy Valley area of Alameda County; and <br />WHEREAS, Cal. Government Code §56133 requires that a city make an application to <br />the Local Agency Formation Commission (LAFCo) for an Out -of -Area Service Agreement before <br />connecting any property outside the city limits to city water and sanitary sewer services; and <br />WHEREAS, the request meets the criteria for out -of -area services prior to annexation due <br />to: the property being located within the City's sphere of influence, the failure of the existing septic <br />system, and the owners' consent to enter into an agreement which meet the City's interests; and <br />WHEREAS, the request additionally meets the criteria for the provision of out -of -area <br />water and sanitary sewer services prior to annexation as the property owners agree to: a) pay <br />sanitary sewer connection fees; b) pay all costs associated with making physical connections to <br />City water and sanitary sewer systems in a manner consistent with City standards in the <br />determination of the City Engineer or designee; c) abandon the existing septic system on the <br />property; d) pay pro -rata share of previously constructed City water and sanitary sewer <br />infrastructures in Happy Valley; e) pay pro -rata share of future frontage improvements along the <br />property if the County or City in the future undertake public street frontage improvements <br />(including, but not limited to, curb, gutter/stormdrain system, sidewalk, street lights, etc.); f) agree <br />to (or vote in favor if) any future proposed annexation of the property to the City; g) obtain City <br />design review approval for any future addition or alteration to the property requiring a building <br />permit from the County; h) agree to not subdivide the property; i) pay all City and County <br />processing fees for LAFCo; receive approval from LAFCO; and 0) receive approval from the <br />Livermore Amador Valley Water Management Agency (LAVWMA), as applicable. <br />NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF <br />PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING: <br />SECTION 1. That this request is categorically exempt from review under the California <br />Environmental Quality Act pursuant to Title 14 California Code of Regulations §15303(d) for new <br />sewage extension. <br />SECTION 2. Approves the request for water and sanitary sewer service connections to <br />the property at 720 Mockingbird Lane, which connections are conditioned on LAFCo approval, <br />and authorizes the City Manager to execute a Preannexation Agreement with Kevin Nguyen and <br />Eleanore Yee in generally the form shown in the attached Exhibit A, subject to minor modifications <br />approved by the City Manager and City Attorney. <br />SECTION 3. Authorizes staff to coordinate with the property owners and Alameda <br />County to file an application with LAFCo for its consideration of an Out -of -Area Service Agreement <br />