Morada group sues Stockton over development, water

A group of Morada-area residents have sued the city of Stockton over the City Council's approval of a subdivision calling for 10,500 homes that would add 33,000 people to the city.

Kurt Cooper

The Morada Area Association filed the suit Nov. 25 in San Joaquin County Superior Court. The lawsuit alleges the subdivision would affect water supply throughout the county, the depleted groundwater basin and saltwater intrusion from the west, according to Kurt Cooper, who will become the Morada association president in January.

The Mariposa Lakes lawsuit coincides with a previous lawsuit the association, commonly known as the MAA, filed regarding Stockton's newly adopted General Plan.

"We think the (environmental impact report) for both the General Plan and Mariposa Lakes are sound," Deputy City Attorney Guy Petzold said. "The city feels that there is (enough water). Otherwise they wouldn't have approved the General Plan or Mariposa Lakes."

The key to Stockton development, Petzold said, is that the city uses a combination of river water and groundwater.

"When you combine both, we find there is ample water," Petzold said.

Morada's lawsuit on the Stockton General Plan is scheduled for an April trial date. Cooper said the MAA hopes for a settlement rather than a trial. He said he hopes the new mayor and three new council members taking office in January will be willing to negotiate.

Mariposa Lakes at a glance

Location: East of Highway 99 and north of Mariposa Road.
Acres: 3,723.
Developers: Gerry Kamilos of Gold River; John Verner of Stockton.
Residential land uses: Low-, mediumand high-density housing, plus 48 estate units on 1,524.3 acres.
Retail/commercial land use: 92.7 acres.
Parkland: 535.8 acres.
Features: Development will surround a series of lakes and creeks.
Schools: Six K-8 schools, one high school.
Approval: Oct. 29 by Stockton City Council.
Source: City of Stockton

Kurt Cooper at a glance

Age: 59.
Residence: Morada for 25 years.
Occupation: Retired air traffic controller.
Community involvement: Incoming president, Morada Area Association, a watchdog group representing residents and property owners in the Morada, Waterloo and Linden areas; member of Morada Municipal Advisory Council, which advises San Joaquin County officials on community issues.
Hobbies: Racing his Porsche 911 at Laguna Seca Raceway on the Monterey Peninsula and at Thunder Hill, near Willows. He tries to race every weekend.
Family: Wife, Sandy; son, Clifford, of Elk Grove.
Source: Kurt Cooper

Ann Johnston will replace Edward Chavez as mayor, and Kathy Miller, Diana Lowery and Dale Fritchen will join the council. The council members will replace Dan Chapman, Clem Lee and Rebecca Neighbors.

Additionally, Councilman Steve Bestolarides, who had two years remaining on his term, will leave the council to join the San Joaquin County Board of Supervisors in January.

"It's going to be whole new situation with Stockton City Council," Cooper said. "We think it will be much more even-handed when it comes to development and controlling urban sprawl. We worked with Ann Johnston a lot over the last couple of years."

However, Cooper fears that the outgoing council will approve more major developments this month.

"The current City Council has one more month," Cooper said. "They are approving projects right and left. There's a very good possibility we will sue."

The issues will be the same, mostly water supply and quality, he said.

"The city just does not agree with us on overdrafted aquifer," Cooper said. "They don't look beyond their own boundaries. The city of Stockton thinks they're doing a good job pumping water in their boundaries, but we're one big lake underneath."

In addition to water supply and quality, the MAA cites other issues with the Mariposa Lakes, including the fact that one of every 25 existing Stockton homes filed for foreclosure in second quarter of 2008 alone, lack of agricultural conservation, air quality, traffic, noise and proximity to Stockton Metropolitan Airport, according to the lawsuit.

Highway 99 separates Morada from Stockton. Although Morada is not a city in itself and is governed by the county, the community pays close attention to what Stockton does because it is larger than any other government entity in the county.

"If you're a neighbor like Lodi or Morada, you pay attention to everything they do," he said.

In addition to Stockton's growth plans, the Morada Area Association is concerned about a possible peripheral canal that would export more Delta water to the southern San Joaquin Valley and Southern California, Cooper said.

"We'd lose a lot of the flushing action in the Delta and get more saline intrusion in our aquifer," Cooper said. "The water at Oak Grove Park is unpotable now. It's moving eastward 43 feet per year. That's a big, big thing there, and we're worried about that."

Contact reporter Ross Farrow at rossf@lodinews.com.

Reader Feedback

dogs4you wrote on Dec 3, 2008 4:19 PM:

" If water is a scape-goat as Audi 5000 claims, and providing the homes were to be build in the next 5 years, that only gives all the solar and wind power folks that amount of time to get their azz in gear and get them built. To add 10,500 homes will put a tremendous strain on the already next to over loaded grid. Solar and wind will do little to put additional power into the grid, since everyone is against natural gas as a fuel source, whats left to keep the lights on, nuclear power of course and if started tomorrow will be on line to put additional megawatts into the system. Give it some thought. "

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ccinlodi wrote on Dec 3, 2008 3:42 PM:

" Jeez o pete audi 5000 - if only life was so simple... the issue is water. water use, water management, water quality. In the SJC, Stockton is a 300 lb gorilla; it needs to be watched carefully otherwise the resources meant for all county inhabitants will be lost to the beast. Growth and change are inevitable, I am grateful that Morada is watching and being vocal about the proposed change. I live in Lodi, but I went to the presentation of the Stockton City plan..very few citizens were in attendance, lots of developers.. "

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Audi 5000 wrote on Dec 3, 2008 8:15 AM:

" It would be refreshing if the Morada homeowners group would just be completely candid and say why they really oppose the development.

In their minds, their subdivisions, which had all the same issues as the currently proposed development, were OK to construct because they want to enjoy home ownership in this area, but anyone else who shares the same dream is out of luck. They are now in and want to slam the door behind them to any future development on any scale. A shameless and selfish double standard.

We know water is just a convenient scape-goat in an attempt to control anothers private property. "

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t jefferson wrote on Dec 3, 2008 7:49 AM:

" don't worry Kurt, with what is going on in the housing market it will be 20 years before serious contruction begins in this area. "

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