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BACKGROUND <br />When the Livermore Amador Valley Waste Management Authority (LAVWMA) and <br />Dublin San Ramon Services District (DSRSD) sought sewer expansion projects in the <br />1980s, LAVWMA and DSRSD needed capital funding to pay for the costs. The City of <br />Pleasanton established a Advance Sewer Sale program (Res. 85 -590) whereby <br />property owners could pay for sewer capacity in advance of development of their <br />property. This Advance Sale Sewer funding helped pay for the sewer expansion <br />projects. <br />The Advance Sale Sewer program included several provisions: (1) sewer connections <br />could not be made until expansion projects were completed; (2) sewer capacity did not <br />guarantee growth management; (3) capacity had to be used on the specific site; (4) <br />capacity could not be sold to other private parties — unless they were buying the specific <br />site; (5) upon connection buyers did not have to pay DSRSD connection fees, but still <br />need to pay City connection fees; (6) and City could buy -back capacity under specific <br />circumstances. <br />In 1986, Victor and Lawrence Lund participated in the Advance Sewer Sale program <br />and purchased sewer capacity for 100 residential units for their two parcels in South <br />Pleasanton. (Exhibit A to the proposed resolution, Attachment 1, is a copy of the Lunds' <br />Advance Sale Sewer permit.). While a portion of the Lund's property was developed in <br />1987 by Shea Homes (Tract 5680), none of those 129 homes on what is called Lund <br />Ranch I used any of the Advance Sewer Sale capacity. Shea Homes purchased sewer <br />connections itself at the time of building permits. <br />As part of the Advance Sale Sewer program, capacity was also purchased by other <br />property owners. Staff has not done a full audit to determine how much capacity <br />remains unused (like the Lunds). Rather, this is addressed on a case -by -case basis as <br />sites are developed and persons present evidence of Advance Sale Sewer capacity. <br />One exception is Prudential for the Hacienda Business Park. As the business park was <br />originally only a few large parcels, Prudential bought a large amount of Advance Sale <br />Sewer capacity that is being used throughout the business park. As the business park <br />develops, this Advance Sale Sewer capacity is purchased from Prudential by buyers <br />and assigned to buyers' various lots. The business park sewer capacity is tracked, and <br />documents are recorded in the chain of title for lots purchasing the Advance Sale Sewer <br />capacity. As Advance Sale Sewer capacity is assigned and used, the Finance <br />Department does track this for purposes of reporting fees paid to DSRSD, and the Utility <br />Division is also notified. <br />DISCUSSION <br />All of the Lund's 100 residential sewer connections from the Advance Sale Sewer <br />permit remain unused and available. The Lunds have asked the City to modify the 1986 <br />Advance Sale Sewer program and allow them to sell their unused sewer capacity to <br />third parties on sites which are not the original property. The Lunds seek to sell fifty <br />(50) unused residential connections. The Lunds advise that they have an agreement <br />Page 2 of 3 <br />