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PC Minutes 1973-08-2120 Arroyo Grande Planning Commission August 21, 1973 The Arroyo Grande Planning Commission met in regular session with Chairman Pope presiding. Present are Commissioners Calhoon, Goulart, Gullickson and Spierling. Commissioners Jones and Porter are absent. Also in attendance are City Administrator Butch, City Attorney Shipley, Councilman de Leon, Public Works Director Anderson, and Planning Director Gallop. CONTINUATION - PUBLIC HEARING ON TALLY HO ROAD PLAN LINE Chairman Pope reviewed that the property owners on Tally Ho Road had acquired the legal services of an attorney, Mr. Haynes, and the public heating was reopened in order to give Mr. Haynes the opportunity to present a legal opinion. City Attorney Shipsey is also present for legal counsel. COMMISSIONER PORTER ENTERED THE MEETING, Attorney Haynes outlined the issues under the State Code, and advised there are very substantial questions regarding the City's engineering plan prepared by someone who had a conflict of interest, stating it was his feeling `e.that these issues have to be resolved. He further advised that the public t of property can also be challenged by land owners where the taking is greater than the use in question. Mr. Hayes stated that Tally Ho Road is designated in the General Plan as a collector road; not as a major thorough- fare. A collector road, according to the plan, is a road of less importance than major roads designed as wide two lane streets protected from cross traffic. He stated the problem seems to he the proposed width; two 12 foot driving lanes, two 10 foot parking lanes, 10 feet on each side for sidewalks and planting. Mr. Haynes stated he would submit, therefore, a very substantial question as to whether the proposal is not a very substantial taking, considering the topo- graphy and the area, and that the planting, parking lanes and sidewalks may be very beneficial for the developers on the other side of the road. Mr. Haynes also brought up another issue regarding the engineering plan stating he has some questions as to whether or: not it is ,.;proper expen- diture of public funds to pay for such a plan. He stated that, in necessity, all public improvement is located where it is most compatible and has the least injury to property owners. Mr. Haynes also asked that any member of the Planning Commission who owns property either in or outside of the City which would be served by Tally Ho Road not vote on the issue. It was his opinion that this is required by the provisions of the Government. Code. He further advised that in reviewing the file, he could not find where there has been an environmental study, and finder Section 21150 it would seem a study would be required before going forward. Mr. Haynes stated that, again, as to the issue of necessity of public use, he would submit that having a street which is designed only as a collector on the fringe of'the City, expanding it this wide would benefit no one in the City of Arroyo Grande since the people : who live there can get where they are going, but that such a street would serve people living Out- side the City. He stated these are the major objections and he felt these would have to be resolved and specifically asked for a vote on the public necessity issue. City Attorney Shipsey stated he felt there might be a good reason for having the study re -done. He stated he would be concerned about there being the feeling, even if there was no basis for it, about a person that did have . an interest in the Plan Line preparing it. He stated he would look into Mr. Haynes' case and review the current statute, and that Mr. Haynes would give the four points to him in 'written outline form and he would get a written response back to the Commission. Chairman Pope stated, it is his understanding that the City Attorney feels there might be a possible conflict of interest and the study should be redone for the City by someone that has no interest in the area. Arroyo Grande Planning Commission, 8-21-73 Page 2 Chairman Pope declared the hearing closed, and on motion by Commissioner Goulart, seconded by Commissioner Porter, and unanimously carried, the matter was tabled until the regular Planning Commission meeting of September 4th when a written response from the City Attorney will be available. COMMITTEE APPOINTMENTS Chairman Pope announced that Committee re- appointments were in order, and made the following appointments for Council consideration: Subdivision Review Board (Lot Split Committee Commissioners Spierling and Porter Architectural Review Board Commissioners Goulart and Jones Coastal Valley Planning Council Commissioners Calhoon and Spierling. ADJOURNMENT There being no further business, Chairman Pope adjourned the meeting to a study session at 8:00 P.M. ATTEST: 21