HomeMy WebLinkAboutAgenda Report - October 21, 1992 (53)CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Request for Oversizing of Sewer Line South of Harney
Lane (Kjeldsen-Sinnock Report)
MEETING DATE: October 21, 1992
PREPARED BY: City Attorney
RECOMMENDED ACTION: Council consideration and direction.
BACKGROUND: At the October 7, 1992 meeting, the City Council was
asked by owners of property south of Harney Lane to
allow oversizing of a sewer line presently planned to
serve the Century Meadows project. The oversizing would
provide capacity for (among other things) the property now designated "Planned
Residential Reserve" in the General Plan.
Discussions occurred on a number of points, including whether the proposal
could be viewed as a change in the development policies contained in the
General Plan, and whether environmental clearance would be required. A number
of related questions also came up which still have not been answered, such as
the actual cost of the oversizing and how much redesign of planned
infrastructure would be necessary if this is approved. Some of these points
are discussed in the memo from Public Works Director Jack Ronsko (Attachment
A)
The proposal was also considered by the Planning Commission at its meeting of
October 12, 1992. A recommendation to the City Council was adopted by a 3 - 2
vote to postpone consideration of this matter until the next General Plan
update (see Planning Commission report).
Since the last meeting, I have remained in contact with the attorney for the
landowners and legal research has continued. While the search has not turned
up a completely dispositive answer, I still believe the most cautious approach
would be to prepare an environmental impact report. The proponents in good
faith feel a negative declaration would be sufficient and are prepared to pay
the City's legal cosus if the decision is challenged (see letter of October 5,
1992 from attorney Steven Herum, Attachment B).
This is predominantly a question of policy. If the Council desires to move
forwazd on the request, it is possible the action could be challenged. If that
occurs, the critical questions would then include:
1. Is this really a change to the General Plan requiring the
formalities of a General Plan amendment?
APPROVED__
THOMAS A. PETERS' wawa
4
Request for Oversizing of Sewer Line South of Harney Lane (Kjeldsen-Sinnock Report) ,
Date: October 21, 1992
Page Two
2. Can the project be accanplished by a negative declaration or
would a full EIR be required?
Practical considerations would also hays to be addressed including a determination
of what, if any, redesign of existing plans for infrastructure would be necessary
and how the question of reimbursement would be handled. We still do not know
whether the proposed oversizing could be accomplished concurrently with the
present construction plans without undue delay.
If the Council wishes to move forward on this proposal, it is recommended that an
agreement with the proponents first be executed addressing these and any other
concerns.
FUNDING: Unknown.
Respectfully submitted,
Bob McNatt
City Attorney
Attachments A and B
BM/Vc
Note-. Exhibit C is the Planning Camiission Report of October 12, 1992
attached
SEW8R.2/TXTA.01V
CITY OF LODI
-- r
COUNCIL COMMUNICAMON
AGENDA TTILE. Sanitary Sewer Service Request South of Harney Lane,
Southern Pacific Railroad (SPRR) to Lower Sacramento Road
MEETING DATE: September 22, 1992
PREPARED BY: Public Woks Director
RECOMMENDED ACTION: Discussion and appropriate direction.
BACKGROUND INFORMATION: The mv General Plan and Growth Management Plan, which
provide for two percent population growth, established
three priority areas for residential development.
(Commercial and industrial development is not governed by
the Growth Management Plan.) These priority areas did not include any land south of
Hamey Lane. This land was all designated "Planned Residential Reserve" (PRR) in
the General Plan. The Genera: Plan calls for these areas to remain agricultural
until they are redesignated with a General Plan amendment, presumably after theyyear
2007. The PRR designation assumed sane mix of nonresidential development would be
included. During the hearings, sane of the property owners south of Harmev Lane,
adjacent to Uest Lane (South Hutchins -Street), requested that the City consider
sewer service to their property. The Council directed staff to do so, although m
time frame or funding was discussed.
In subsequent discussion with one of theproperty owners, Carl Fink, staff indicated
the appropriate time to do the study would be prior to the next General Plan update,
or possibly sooner if construction of improvements in the area south of
Century Boulevard would affect their property. In any event, staff would need
Council direction cn which property is tc be served in order to do a study.
On November 6, 1991, the Council heard a formal request from various property owners
in the area. The Council told the owners they were free to have a study done if
they wished to do so, The Owners contracted with Kjeldsen Sinnock & Associates of
Stockton to do the study which was submitted to the City in August 1992 (Exhibit A).
The study considered service to 302 acres south ofHarney Lane, from the SPRR tracks
to Loves Sacramento Road (see Figure 3.1, page 20). Two alternate 1 i ft station
sites were considered (Alternates 3 and 4) and compared to the same sites serving
only the area north of Harney Lane (Alternates 1 and 2) • Alternate 1 i s generalT
the same as the existing Master Plan. ('he consultants recommended a change in the
service area in which staff only partially concurs. However, for the purposes of
this discussion, the difference i s minor.)
APPROVED.
THOMAS A. PETERSON
CSEWERRQ.1/TXTW.02M (CO.COM) September 16, 1992
r
Sanitary Sewer Service Req. .,t South of Harney Lane,
Southern Pacific Railroad (SPRR) to Lower Sacramento Road
September 22, 1992
Page 2
Staff has reviewed this study and, except for some relatively minor technical
considerations (pipe and pump sites), agrees that the recommended design can work to
serve the larger service area. This is not to say that their recommended plan is
not without some questions and problems, some of which must be answered
immediately. They are:
1) The plan calls for a 21 -inch gravity sewer in Mills Avenue, extending
south from Century Boulevard. This would presumably be built as the
area develops. However, this land already has conditionally approved
tentative maps which do not include this requirement. Utility plans
have been done for these projects and, unless the owners are willing
to change their plans, the City may have a difficult time requiring
the change. The question o f who w i l l pay f o r the oversize I i n e
(approximately $46,000) must also be answered.
2) The plan calls for a larger lift station and gravity sewers in
Harney Lane. These lines w i I I be up to 25 feet deep which w i l l
require nearly a I I the Harney Lane right of way to construct. The
additional cost of ravity lines i n Harney Lane and larger I i ft
station i s roughly 9166,000 above the cost of the present plan. This
additional cost must be borne by someone as the area north of
Harney Lane develops (Exhibit B).
Aside from these technical issues, the other effects of deciding on this request
need to be conside►ed. This decision could be construed as committing the City to
the area to be developed in the next phase of the General Plan. A_ presently
adopted, the General Plan identifies the area bounded by Harney Lane, Highway 99,
Armstrong Road, and one-fourth mile west of Lower Sacramento Road as Planned
Residential Reserve. No specific subarea was identified as having priority.
The major sewer necessary to serve this area is shown on Exhibit C. This sewer runs
east -west, well south of Harney Lane. As an interim solution to extending the sewer
to the outfall line west of Lower Sacramento Road, a lift station would purrp sewage
north to Century Boulevard, depending on which area develops first.
Unless the proponents were willing to pay all the additional "up front" costs, the
City would have to change the Master Plan and General Plan in order to require other
developers to build these facilities as they develop and be reimbursed later as land
south of Harney Lane develops. Designating this 302 acres for development would
also require a redesign of the drainage system for the area south of Harney Lane.
RECOMMENDATION
At this point, staff is unable to ma;:E a recommendation. In general, we feel the
issue of development south of Harney Lane should be deferred until a full General
Plan update when all the issues, alternatives and environmental impacts can be
properly addressed with full public input.
CSEWERRQ.1/TXTW.02M (CO.COM) September 16. 1992
Sanitary Sewer Service Re st-auth of Harney Lane,
Southern Pacific Railroad (SPRR) to Lower Sacramento Road
September 22, 1992
Page 3
FUNDING: To be determined.
>41 .
Oack Ronsko
ublr Works Director
Prepared by Richard C. Prima, Jr., Assistant City Engineer
4LR/RCP/lm
Attachments (Exhibits B and C; Exhibit A bound separately)
cc: Community Development Director
City Attorney
Car? Fink
Fel ix Costa
Jeryl Fry
William T. Beckman
Vera Perrin
Charles Beckman
Kjeldsen Sinnock
Exhibit cap file in City Cork's CEfice.
CSEWERRQ.1/TXT1J.02M (CO.COM) September 16, 1992
Exhibit B
of 312 219 2 Council
crnmunication
South todi Sanitary Sewer Analysis
Notes:
1 Costs per Nolte Development Impact Fee Study. CNR updated to July 1992
2 Costs per Kjoldsen•Sinnock Study. July 1992
S Firrt phase of lift station estimated by City at 90% of total cost
4 Ex. Mester Plan & All. 1 resumed to br equivalent at average cost of 0351,000,
FINK SS.XLS
1
Existing
Master Plan
Alt. 1
Alt. 2
Alt. 3
Alt. 4
Alt 4-1
Ait. 4-2
Area served:
292 acres
244 acres
546 acres
244 acres
302 acres
North of
North of Harney Ln.
North of Harney
Ln.
North of
South of
Harney Ln.
(Alt. 1 &2)
plus 302
Harney Ln.
Harney Ln.
acres south
of Harney
r
Lift Sta. Location:
Lower Sac.
Lower Sac.
Mills Ave.
Lower Sac,
Mills Ave.
Mills Ave.
@Harney
N/Harney
@ Harney
@'Harney
@ Harney
@ Harney
Lift Sta. Cost:
$280,000
$285,000
$298,000
$478,000
$433,000
$390.000
$43.000
Oversize Main Cost:
$67,000
570,000
$92,000
$227,000
421 1,000
8127.000
$84,000 2
Total Cost:
$341,000
$355,000
$390,OOC
$ 705,000
$644,000 2
$517,000
4127,000
Cost above Ex. Plan/Alt. 1
4
to develop area north
939,000
$166,000
Harney:
^`
Cost per acre:
$1,200
$1,50
$1,60
$1,30
41,200
82.100
$400 `'
Notes:
1 Costs per Nolte Development Impact Fee Study. CNR updated to July 1992
2 Costs per Kjoldsen•Sinnock Study. July 1992
S Firrt phase of lift station estimated by City at 90% of total cost
4 Ex. Mester Plan & All. 1 resumed to br equivalent at average cost of 0351,000,
FINK SS.XLS
1
De'. 11111:1
Neumiller tic Beardslee
rOU"DED AS _ .. A PROrESSIONAL CORPORATION
ASAI r• Z NCUM-LLEM ATTORNRl R A N D COUNSSI.OREi
JAr4UANr IYO]
FIFTH FLOOR WATERFRONT OFFICE TOWER II
509 WEST WESER AVENUE
STOCKTON. CALIFORNIA 95203
October 5, 1992
VIA FACS IMITIE
Mr. Bob McNatt
City Attorney
City of Lodi
221 West Pine Street
Lodi, California 95241
Re: Fry, Fink and Costa
Dear Mr. McNatt :
OCT 0 6 1992
City Attomey's 000
MAILING ADDRESS
""0'
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sloe-Tol. cALlro"' osro �s�
i[ LE r`•iON[ 'POO. ASA-A?00
rAl Oro., 040-40.0
This letter will serve to confirm our conversation of
Friday, October 2, 1992, regarding the City's concerns over
compliance with the California Environmental Quality Act as
it pertains to the oversizing of the Mi'l.ls Avenue sewer
line. During our discussion, I confirmed this office's
position that the oversizing of the line can be accomplished
through the use of a Negative Declaration, as opposed to an
Environmental Impact Report. I believe both the Antioch
and Heninger cases are distinguishable factually from the
present case, and that our situation is more akin to that
presented in the Plan For Arcadia case which we discussed on
Friday. While we have agreed that this matter is not
absolutely free of doubt, (and so few CEQA matters ever are)
this office has enough confidence in its position that we
would make the following offer of indemnification to the City.
"The property owners south of Barney. Lane (Fry,
Fink, Costa, Perrin, Beckman) will indemnify,
defend, and hold harmless, the City of Lodi from
and against any and all liability or actions
accruing as a result of the City's decision to
install an oversized sewer line into the extension
of Mills Avenue, where such action or proceeding
arises out of ttie City's approval of a Negative
Declaration for said sewer line installation."
I would also like to clarify a statement made in our
September 29 letter to the City Council. In our letter, we
offered to pay the cost of oversizing the sewer line,
provided the City could establish an Area of Benefit or other
such district to reimburse my clients at a later date. My
�fc
Mr. Bob McNatt
October 5, 1992
Page -2-
clients recognize that the establishment of an Area of
Benefit or other assessment district is a process which
requires both notice and consent of affected property
owners. My clients are willing to assume the risk that an
Area of Benefit or,other assessment district might never be
formed to allow them to recoup the upfront costs of
oversizing the sewer line. Our only request would be that
the City agree to use its best efforts to establish the Area
of Benefit. In addition, my clients understand and agree
that should the Council agree to the installation of the
larger sewer line on Mills Avenue, there is no guarantee that
(1) their property will bt, approved for development, or ('2)
that if approved, their property would benefit from the use
of the line.
I trust this letter has been sufficient to clarify and
elaborate on our position in this matter. I would appreciate
it if you would convey this letter, or such summary hereof as
you deem appropriate, to the City Council at the meeting on
October 7. Thank you for your continued cooperation in this
matter.
Very truly y urs
STEVEN A. HERUM
Attorney at Law
SAH/ch
of
d
CITY OF LODI (Mm
AGENDA TITLE: Planning Commission Report of October 12, 1992
NVI FENG DATE: October 21, 1992
PREPARED BY: Community Development Director
RECOMAENDED ACTION:
AGENDA ITEM
F.XRTRTT r
MUNICATION
a. Recommended that the issue of development south of Harney Lane be
deferred until a future General Plan update when all the issues,
alternatives and environmental impacts can be properly addressed with
full public imput.
b, c, d & e Information only. 1b action required.
BACKGROUND INFORMATION: The following actions were taken at the last regular
Planning Commission meeting of October 12, 1992.
h Conditionally approved the request of Terry Piazza, Baumbach and
Piazza Inc. on behalf of Irvin Bender for a lot line adjustment
between 705, 709, 715 and 121 Camellia Court in an area zoned R-2,
Single -Family Residential .
C. Ccntinued consideration of the request of G Archer for a use
pernoi t for a temporary office trailer at 247 Commerce Street in an
ares zoned M-2, Heavy Industrial until October 26, 1992 because no
one was present to represent the applicant.
d. Conditionally approved the request of Ford Construction Company. Inc.
for a use permit for a temporary office trailer at 50b North Cluff
Avenue in an area zoned M-2, Heavy Industrial.
e. Reaffirmed its previous position and required that the reversed
frontages fences along Century Boulevard and South Stockton Street in
Bangs Ranch Subdivision be grape stake with slumpstone pilaster and
base and that the developer deposit with the City for fence
maintenance the diffei-ence between that fence and masonry fence.
FUNDING : None required.
kodxnunity Development Director
APPROVED
THOMAS A PETERSON
City Mnnnger
IL
foCYCf.A D.DOr
CC -1