1966 345-372 _ 11-14 to 11-28-1966

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847 would not object but would ask to negotiate on problems involved. Staff further reported it was felt major need for adoption of Plan Lines at this time appeared to be assurance this street can be widened to 60' when needed as it relates to proposed Downtown Plan. Dr. D. G. Baldwin, Land Agent of Southern Pacific, presented letter protesting adoption of proposed Plan Lines because the additional 201 needed for widening was to come from their property entirely. They claimed this would make their property unusable for commercial development purposes. Councilman Rosselli questioned City Attorney on validity of proposed Plan Lines in view of protest. City Attorney advised plan lines preventing any kind of development of private property for an unreasonable length of time would be con- sidered invalid; those proposed in this instance being considered valid circum- stances. Councilman Rosselli questioned time table for development of this section of street. City Manager stated the time table was not yet mailable. Councilman Granger asked if Southern Pacific property in question was under fran- chise. City Attorney advised this particular property owned in fee by the Southern Pacific. Mayor Herkner asked whether protest being made covered entire 20' proposed for right-of-way from Southern Pacific parcel. Mr. Baldwin stated only 521 would be left for development if full 20' taken for right-of-way which was not considered sufficient for development. Councilman Henderson questioned purpose of proposed Plan Lines. City Manager advised Plan Lines referred to both traffic flow control measures and to the Downtown Plan. Councilman Bury questioned possibility of City acquiring Southern Pacific property. Councilman Granger asked City Attorney whether plan lines could be cancelled at any time, and was advised this was possible. Councilman Rosselli moved to close the public hearing. Mayor Herkner questioned availability of land on West side of this street for right-of-way purposes and was advised of recent building development which would preclude this possibility. City Manager also advised he would review files on prior negotiations concerning acquisi- tion of the Southern Pacific property. He recommended, however, that Council pro- ceed with adoption of present proposed Plan Lines as best action at this time, since they could be cancelled by Council action at any time. Motion seconded by Council- man Bury and carried. Councilman Granger moved to adopt RESOLUTION NO. 5189 ESTABLISHING OFFICIAL PLAN LINES FOR THE WIDENING OF PERRY STREET BETWEEN BREWSTER AND BROADWAY, seconded by Councilman Petersen and carried on roll call vote. Councilman Henderson moved that Staff report back on questions raised concerning this matter, after review of records, for an early Agenda, seconded by Councilman Granger and carried. (MINUTE ORDER #66-232) Councilman Bury asked records indicate he would abstain from action on the following item because of property ownership in the area involved.