Resolution No. 4488 - Laserfiche WebLink

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The properties in question were required to connect to the existing sewer system as a condition of development. Of the options then available, the property owners chose to pay the cost of constructing longer than usual connecting lines and connect with a privately constructed lateral line installed in an alley to the south of their property. Because this line was connected to the City's system, at the time these property owners connected they were required to pay the SDCs that any property owner is required to pay when connecting to the sewer system. The City is now proposing to construct a sewer line along Green Lane, the street that abuts the property. The City identified the two properties as specially benefited, and proposed to include the properties in the Basin S portion of the LID. EC 7.175(5)c.(1) provides that the standard service area for lateral sewer lines is the portion of the property lying within 160 feet of the lot line where the sewer is located. For larger parcels where a sewer line runs along more than one side of the parcel, the City can and does assess the property for all of the area within both of the standard service areas, except where the 160 foot areas overlap. If there is an overlap, the area of the overlap is only subject to one assessment. Recognizing that the property owned by Thompson and Sailada have access to sewers at the back of the property, the City Engineer's staff proposed to include only the portions of the properties that were more than 160 feet from the sewer lines in the alley south of the property. In this way, the staff was treating the properties in a manner consistent with city policy where a single property has access to two sewer lines that are more than 160 feet apart. The staff chose this option even though the 160 foot long area along the alley side of the properties had never been assessed for sewer construction by the City. The result of this concession is that less than the entire 160 feet depth of the properties from the proposed sewer line would be subject to assessment. The City Engineer had appropriate reasons to propose construction of a sewer line down Green Lane in front of the Sailada and Thompson property. There are several developed properties that require service at the end of Green Lane and north along River Road, and the physical layout of the area is such that the only practical means to serve these properties is by way of a line along Green Lane. The presence of this line means that all the properties along Green Lane are specially benefited, and all the properties are now included within the proposed LID. Ms Thompson was given misinformation concerning the proposed assessment of the property across Green Lane which is owned by the 41 school district. The Acting City Engineer has provided the Hearings Official with evidence showing that these properties are and have been proposed for inclusion within the LID. Like the Thompson and Sailada properties, these parcels are specially benefited by the presence of sewers along Green Lane, even though they may not intend or be required to connect to the sewers when they are installed. The City cannot assume that present conditions and the present intent of the property owners will last forever. If there is a change in intent or a change in ownership, the presence of sewers will be a benefit that already exists. The City will be providing the benefit this year, and this will be the City's only opportunity to capture the value of the benefit that is being provided. Even if Ms. Thompson or Ms. Sailada do not now intend to take advantage of the benefit of sewers that are closer to their residences, and could SANTA CLARA SEWER BASINS "S" "X" AND "U" Findings and Recommendations - Jobs 2928, 3010 and 3398 Page 8