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{ • • • RESOLUTION NO. 3 —03 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS REQUESTING LAFCO ACTION FOR AN OUT-OF-AGENCY CONTRACT FOR SERVICES FOR THE EXTENSION OF SEWER SERVICE TO PROPERTY LOCATED AT 23270 MORA HEIGHTS WAY IN AN UNINCORPORATED AREA OF THE COUNTY OF SANTA CLARA Recitals WHEREAS, the Town wishes to assist certain property owner within the unincorporated areas in the Town's Sphere of Influence and Urban Service Area to voluntarily undertake the construction of new sewer infrastructure by providing the extension of sewer services to property at 23270 Mora Heights Way,in an unincorporated area of the County of Santa Clara; and • WHEREAS, the Town has the ability to facilitate sewer service to the proposed property through and in conformance with the "Sewer Agreement between the City of Los Altos and the Town of Los Altos Hills, of March 26, 1985," and as amended by the First Amendment to Agreement adopted by Resolution 26-33 of the Town on April 7, 1993,without detracting from current service levels to the property owners in the Towns; and 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 proposal for out-of-agency contracts for services if there is an urgent health and safety concern and if the proposal meets certain criteria; and WHEREAS, the City Council must make certain findings 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 23270 Mora Heights Way,John D.Husher,has informed the Town that the property's septic system failed and no longer habitable; and WHEREAS, the City Council is informed that the lack of septic system,in the view of the County of Santa Clara, Department of Environmental Health, constitutes a public health hazard; 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 sanitary system provided by the Town of Los Altos Hills; and WHEREAS, annexation to the Town of property at Mora Heights Way is contemplated in the future and it is in the Town's best interest to provide sewer services to property so as to improve the infrastructure of such unincorporated area; and WHEREAS, such request for support by the Mora Heights Way Sewer Project of an "Out-of-Agency Contract for Services" Proposal to LAFCO was considered by the City Council at their regular meeting January 16, 2003, at which time the Town approved said request under certain conditions.