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HomeMy WebLinkAboutMinutes 04/17/1973345 MINUTES OF.MEETING OF CITY COUNCIL PETALUMA, CALIFORNIA April 17, 1973 Council. Meeting Adjourned meeting of the City Council of the City of Petaluma -was called to order by Mayor Putnam at the hour of.5:00 o'clock p.m. Attendance Present: Councilmen Brunner, Cavanagh, Jr., Daly, Mattei, Perry, Jr., and Mayor Putnam. Absent: Councilman�Clecak. Westridge Subdivision Before Council consideration of objections from Units #1 and #2 -- the.developer of the various conditions imposed Tentative.Map and consideration of the various problems re- Res #6272 NCS lated to the development., Mr. Richard Day, attorney representing a group of citizens in the Sunnyslope area,.spoke to the Council re- garding -legal points in connection with action on the tentative map as stipulated in Section 11552 of the Business and Professions Code. He also questioned whether the Council could legally approve.the tentative map tonight in- asmuch as -the City ordinance and State law require that tentative map must be in sub- stantial conformance with-the zoning of the area. He pointed out that the ordinance re- zoning the area, adopted'by the Council on Apri1'16, 1973, does not become effective until thirty days: In .response to Mr. Day, the City Attorney stated•that'if this appears to be a question, the Council can pass a condition upon.the zoning becoming effective,prior to the approval of the final subdivision map. The following various matters were then considered: PIPE VERSUS BRIDGE: The first matter under consideration was the alternative suggested by City Engineer David Young o.f a bridge at Lavio Drive instead of the 72 -inch pipe. Mr. Condiotti objected the bridge because -of economic.reasons and loss of lots. His engineer, John Anderson, estimated the cost to -be approximately $90,000 as opposed to anIapproximate' $15,00'0 for a workable p -ipe, which, he added, meets the standards'of the-Sonoma County Water Agency. Mr. Young reiterated his reasons for a bridge as. an alternate to the pipe. He stated that a bridge would. be considerably . .less of a mainte- nance..problem to the City, wouldbe less of a hazard to the children, and would be more aesthetically pleasing for the area. In considering the matter, a proposal was made -by Counci to install a large pipe underneath the-road with no grates at either end in lieu of a =foot pipe or a bridge. After consideration of this proposal a compro- mise was agreed upon by the City Engineer and the developer to install a pipe under the road with the.condition'that the creek be left in its natural location and that the culvert be 4 April 16, 1973 Westridge Subdivision of sufficient -diamete to pass a 100 -year Units #1 and #2 -- storm with allowance -for debris in accordance Tentative Map' with Sonoma Water Agency debris stand -•' Res #6272 NCS ards.• It.was also- 2agreeable that the developer.. (continued) would lose two lots under this proposal SIDEWALKS, Letter, dated April-17, 1973, from•,Superintendent of Schools ' ...H. -Meyer, _restating the posi tion.of the School'District in regard to West - ridge'Subdivision- -that the area ( Westridge Subdivision -) is in the Grant School'attendance area do students generated by the subdivision will be assigned to the Grant School; there is a possibility that students coming from this subdivision will more than fill.the Grant School, pointing out • .that . in• the. last two years the Petaluma School District has dropped,over.'two hundred in enrollment; Grant,School.at the present time has room for approximately sixty -additional students, and when this space is filled, .it .may be necessary to add additional portable ciassrooms or transport students to - such - schools as Valley Vista or Cherry Valley where there are vacancies at_the present time, read : and .filed. Based on this information, the City Engineer, stated that the developer's proposal for side- walks as shown on the tentative map for "I" Street would be satisfactory and acceptable.. Some discussion followed,on traffic conditions in the area and comments were heard from Mr Dave Craig, .902 "I Street, and several unidenti- fied persons. In response to an inquiry from Mrs. C. Dowdy, 741 • "I -" Street, as to whether traffic 'at Sunnyslope Avenue and . "I Street would warrant any flashing lights, Mr Young explained is.currently being - conducted by the City on, "The Safest Route to School," and when completed will contain recommendations of this nature. DRAINAGE Mr. Young reviewed the status of the drainage problem. The Sonoma County Nater Agency re- viewed calculations of the development and determined a 4% increase of water flow in the Thompson Creek measured at Sunnyslope,Ro.ad.• At last.night.'s meeting,-Mr. Jackson explained that the Agency does not know what affect the 4% _increase will have as far as damage and hazard to downstream properties, and that it will,take,at least two months to prepare a detailed study on the matter. Lacking that information and from previous history of the Creek, "it is felt that the Creek doe pre- sently have capacity to handle a twenty-five - year storm. Mr. Young continued by saying that the - only method for drainage improvement in the area would be -by a project through Zone 2A, and'it was by Mr. Jackson that such a. pro•jec't would 'be" a matter of priority and if warranted; could possibly be accelerated by April 17, 1973- Westridge Subdivision Units #1. and Tentative Map.' Res_ #6272 NCS (continued) 1 The City At.torney,, .commented on. the alternatives available to the City Council. (1) Impose -additional conditions.; (2) approve subject to zoning.becoming e.f'fective; (3) approve or dis- approve• the, t.entative,..map, and if disapproved, indicate specific ;fi - ndings that the proposed subdivision d'oes•not conform to the Subdivision Ordinance.. Mr. Lafranch-i stated,that the developer's posi- ti-6n regarding drainage remains the same and tat to impose.a condition with regard to downstream drainage condition on the tentative Councilman .Cavanagh,. Jr., member on the Zone 2A Committee; indicated that the priorities i - the district are 'fl and if the case ;is strong, it was his opinion that the District and'th'e Board of Supervisors could possibly, change the prdority-:. It was generally agreed 'by the Council the.Zone •2A District be contacted regarding involvement in the matter. ALTERNATIVES* 1 SUMMARY OF ADDITIONAL .CONDITJONS: Mr. La- franchi.reviewed the additional condi- tions imposed. 1 ......Condition #12-.-. The developer to accept the language as recommended by Mr. .-Meyer-in memo dated April 3, 1973, as f.ollows.. "The. proposed public park shown on the ten,tative.map landscaped and.. approved - to' the -satisfaction of the Recreation Commission and the City Council .,and dedicated to the City. of Petaluma." Y 347 the Agency and the Board of Supervisors. Such a project was estimated.at $350,000 and could - be several years..of. fund accumulation before becoming -a reality.. City Attorney Robert reiterated that his posi- t -ion has not changed the drainage situation and that.he,did not see any cause of action the downstream owner because of development upstream as - long as the natural .drainage is interfered. He added that he believed there is:no.liability on.the part of the.City nor the subdivider. It ,was, the . City- Attorney' s opinion that such findings were. not. the map • "- COMMUNICATIONS: The following communications were submitted and filed: An open letter, dated April 5, 1973_,. >•to the Editor.of the Argu•s- Courier en- titled "Development.Needs Intent Study" from Carolyn Dowdy,•741 "I." Street, and a letter from Jiro- Ayers, 1:33 Sunnyslope Road, recommend- ing.the Council vote ".No" on the development. 348 April 17, 1973 Westridge Subdivision 2 Sidewalk and Bridge Alternativ.,e.:- As agreed. Units #1 and_ #2 -7 upon by`the; developer earlier in the meeting, Tentative ;Map Res #6272 NCS 3. Condition df tentative map th,&t the (continued) necessary right-of-way acquisitions from private property be'obtaned by the developer ­Upon - recommendation ,by- the City Engineer- 'it seems unlikely any , right- -o'f'' ways : will be required and that t her d.'is no .'way ''a private individual has the power of eminent - domain., ,the condi "tion wa`s , wa`ived . 4. Sewer- ,main extension proposal by the developer; elated April 2, 1973 Accepted r by the' City as outlined in -the City Man "ager''s:memo,'dated April 3, 1973. 5. Sunnyslope 'Road improvements.- Mr. •Lafranchi stated that as relief for improving Street., the developer has offered a commit - ment with regard.to improving Sunnyslope Road -as explained at Last night' s meeting; however, after considerable discussion on the: "pr:oposal,.'it wa_s suggested'by the City 'Engineer to divorce the developer- from any cbirimitment'regarding S.unnys'lope'Road and have him build "I "Stree -f, and then through a cooperative project with the,County.,'the City coritr'ibute' a proportionate share of gas,tax funds,'to improve Sunnyslope Road - on a program'with participation from the residents in:the' area. This suggestion was agreed upon-by the developer and C'buncil'. The'.City Attorney was directed 'to`prepare,a'res'olution of intention; said 'resolution to'contain a time period of two years'to'initiate such a project. 6. That the tentative map is approved subject to the'4oning becoming effective. 7. Mr. Lafranch'i, at this time, asked the record to ..show an acknowledgment be made by the Council that when the City Planner and City Eng. veer :contemplated.the'additional require - ments as-conditions to be attached to the tentative map, they were done predicated' on the possibility of the uatimate develop- ment of 300 units and not on part, of- the total development. Mr. Condiotti noted. on the ma.p t <l at. approximately '60% of the pro- perty is- to.be'use'd for the first 180 units and that "the high density.is.n other units. The Mayor indicated that the Council could take no action on the matter, but recognition of the thinking of the planning that went in -to the area be made a part of-the record. TENTATIVE'MAP APPROVAL: = Resolution #6272 N.C.S. approving tentative, subdi:vi,sidn map of'�Westridge Subdivision, Units`. #1 -and #2 was introduced by Mayor-Putnam, seconded -by, Councilman Cavanagh, Jr., and April 17, 1973 Westridge-Subdivision adopted by 5 affirmative, 1 Negative, and 1 Units' 41.and #2 -- absentee votes. Councilman Perry',.Jr-., voted Tentative Map "No." Res 6272 NCS (continued) " Measure "A It was decided by-the Council not to change the language of Measure "A" for the June 12, 1973, ballot: Adjournment There being no further business to come before the Council, the meeting was adjourned at 6:40 o'clock p.m. 3 Mayor