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WHEREAS,in the form and manner prescribed by law, as well as direction from the Commission to <br /> mail notice to property owners that are the subject of this application, the Executive Officer has given notice <br /> of a public meeting by this Commission upon said application;and <br /> WHEREAS, at a public meeting held on July 14, 2016, the Alameda LAF Co heard and received all <br /> oral and written protests, objections and evidence which were made, presented or filed, and all persons <br /> present were given an opportunity to appear and be heard with respect to any matter pertaining to said <br /> application. <br /> WHEREAS, the Commission heard and fully considered all the evidence presented at a public <br /> meeting held on July 14, 2016 on said proposal and adopted Resolution No. 2016-06 partially and <br /> conditionally approving Pleasanton's request for retroactive approval of OASAs to extend water and sewer <br /> services outside city boundaries to properties located in the unincorporated communities of Happy Valley, <br /> Remen Tract and West of Foothill/Sunol areas; and <br /> WHEREAS, the Commission fully considered Commissioner Sblendorio's request to reconsider <br /> condition 2(b) in Resolution No. 2016-06 and received all oral and written testimony at a noticed public <br /> meeting held on September 8, 2016 and upon motion approved the request for reconsideration; <br /> NOW,THEREFORE, THE COMMISSION DOES HEREBY RESOLVE,FIND AND ORDER <br /> as follows: <br /> 1. That the request of the City of Pleasanton for retroactive approval of out-of-area service <br /> agreements between the City and the subject property owners for the provision of sewer and <br /> water services to properties listed in Exhibit A in the unincorporated Pleasanton area is hereby <br /> approved and authorized with respect to those properties within the West of Foothill/Sunol and <br /> Happy Valley areas,in accordance with the following finding and orders: <br /> a) That, having considered the existing agreements and other documentation regarding the <br /> existing service connections, the Commission finds that the OASAs in the West of <br /> Foothill/Sunol and Happy Valley areas are exempt from further CEQA review pursuant <br /> §15061(b)(3)of the CEQA Guidelines; <br /> b) That the service agreements meet the requirements of Government Code §56133, as well as <br /> Alameda LAFCo's policies and procedures in that the City's rationale for not seeking <br /> annexation at this time is reasonable under the circumstances presented; <br /> c) That the agreements will permit the provision of sanitary sewer and/or water services to the <br /> properties listed in Exhibit A in unincorporated Pleasanton in the West of Foothill/Sunol and <br /> Happy Valley areas, and to no other properties; <br /> d) That the service agreements in the West of Foothill/Sunol and Happy Valley areas located <br /> within the City's sphere of influence will not facilitate a change of land use, promote or <br /> induce growth on the property or surrounding properties, or facilitate the delivery of other <br /> types of services or functions; and that the circumstances are such that annexation of said <br /> properties to the City of Pleasanton is not immediately feasible or requested; <br /> e) With respect to properties in the West of Foothill/Sunol area outside of the City of <br /> Pleasanton's sphere of influence the City has provided documentation establishing that denial <br /> Page 2 of 4 <br />