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HomeMy WebLinkAboutAgenda Report - October 7, 1992 (53)Of CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Request for Oversizing of Sewer Line in South Lodi: Kjeldsen-Sinnock Report (Possible General Plan Amendment) MEETING DATE: October 7, 1992 PREPARED BY: City Attorney RECOMMENDED ACTION: Council discussion and possible direction to staff on proceeding with the request. BACKGROUND: At the September 22, 1992 shirtsleeve session of the Council, a report prepared by Kjeldsen-Sinnock & Associates was presented. It addressed the Harney Lane Lift Station Service Area, and the request by owners of certain properties in south Lodi to participate with the City in oversizing a sewer line soon to be installed. The City's current plans call for an 8" line, and the landowners propose oversizing to a 24" line having the potential to ultimately serve various parcels south of Harney Lane. The discussion involved (among other things) the possible necessity of doing some sort of environmental clearance before constructing the oversized facility. I have not had time to complete legal research on all of the issues involved, but Thomas Terpstra, attorney for the landowners has provided material which is helpful. I am" not certain that the City can take all necessary'steps within the proposed time frame for construction of the 8" line. I will be more fully prepared to discuss these issues at the Council meeting of October 7, 1992. FUNDING: Unknown. Respectfully submitted, Bob McNatt City Attorney BM/vc APPROVED: _ THOMAS A. PETERSON SEWER/TXTA.01V City Manager ter•_. FOUNDED AS ASHLC`I L NCUMILL.CR JANUAN71003 :/S l Neumiller & Beardslee A PPOFES�_IONAL COPPORATION ATTOMVEYS AND ( 0UN'SHIAMiS FIFTH FLOOR WATERFRONT OFFICE TOWER I, 509 WEST WEBER AVENUE STOCKTON. CALIFORNIA 95P03 September 29, 1992 Lodi City Council 221 West Pine Street Lodi, California 95241 Re: Mills Avenue Sewer Extension Honorable Members of the Lodi City Council: ...:. 110t: ADhul 'tf Lt f••.U.vC .Sfl o. p�w}A Ua.> ` •.• .zoo. vow -w �. This office represents a consortium of landowners whose property lies immediately south of Harney Lane and is designated Planned Residential Reserve on the City's General Plan Land Use Map. (Fry, Fink, Costa, Perrin and Beckman). These property owners have long sought City Council approval for the inclusion of their property within the General Plan boundaries with a view toward ultimate urban development of the property. At a recent Shirt Sleeve Session of the City Council, the landowners presented their plan (prepared by Kjeldsen-Sinnock) for the provision of sanitary sewer service to the area, which demonstrated that such service was both feasible and compatible with the City's long-term utility plans for the area. However, there is an immediate need for a decision as to whether to install an 8 inch or 24 inch sewer line within the extension of Mills Avenue. If an 8 inch line is installed to serve the Century Meadows III project, it will be more difficult (but not impossible) to come back and oversize the line if and when my client's property is included in the General Plan for urban development. While the Kjeldsen-Sinnock report recognizes that there are other options available to serve the area south of Harney Lane, my clients feel this is the most feasible at this time. Therefore, my clients are prepared to fund the additional cost of installing a 24 inch sewer line within the Mills Avenue extension, subject to being able to recoup those costs at a later date through the formation of an Area of Benefit comprised of other properties which benefit from the over -sizing of this line. In so doing, my clients recognize that the Planning Commission and City Council have no immediate plans for development south of Harney Lane, and that any such development would require a General Plan Lodi City Council September 29, 1992 Page 2 amendment and full environmental review under the California Environmental Quality Act, My clients intend to seek such an amendment to the General Plan at some point in the future, but they understand that their agreement to install the 24 inch line in no way obligates or commits the City with respect to the ultimate disposition of their application for the General Plan amendment, As we mentioned at the Shirt Sleeve Session of the City Council, and at previous meetings, we believe it would be wise and prudent for the City Council to begin planning for the eventual development of both sides of Harney Lane. Hopefully, the application to be submitted by my clients will provide the blueprint for the responsible planning of this critical east -west arterial. We look forward to working with you and your staff in planning this aspect of the City of Lodi `s future. Very truly yours, THOMAS H. TERPSTRA Attorney at Law THT/ch cc: Mr. Jeryl R. Fry, Jr. Mr. Felix Costa Mr, Carl Fink