HomeMy WebLinkAbout11151940City Hall, "Palo Alto, California,
November 15, 1940.
The "Council of the City of Palo Alto met on this date
at 7;30.P.i ., pursuant to "adjournment of ".November 12, 1940.
In the ..absence of the Mayor, the meeting was called to order by
the City Clerk who asked for nominations for Mayor pro ten.
On motion of�-_Goddard and Richards, Councilman. Mitchell vas
nominated and appointed Mayor pro tem and took the chair. Roll
call -was as follows:
Present: Bentrott, Cashel, Costello, .Cypher, .odcard, Hoy,
Mrs. Merner, Mitchell, Richards,, Thoits, Thomas.
A.bsezzt :Blois, Reed, Southwood, Wood.
Alley i n B1oek 29
The Council gavefurther consideratian to the matter
of opening an alloy in Block 29, as recowmended by the Planning
.Commission at:the last meeting, this question having' been
referred' to the Board of Works and Committee -No. 1 for report at
thisadjourned meeting.
The Council was informed that the Board of. Works
felt it: was not necessaryto call a special meeting of the Board
to .consider this matter further, inasmuch as the Board had
already considered : several. plr s as outlined in Bu11eti.n 60.
It. was ;pot need, "out that the plan recommended by -the Planning
Com iss on is `similar to the plan outlined 1r Proposition Nc 2
of the ::-.'btlletirn.
1, letter was received from the` Palo. Alto 'Drug Co
endorsing the plan. >proposed. for a 20 -foot alley,. A letter was
also ,received from tithe 'Palo Alto Transfer: & Storage Company
concerning the difficulty tn.making deliveries in 'a narrowalley,
and urging''the C'ot nc11 <to open an alley 20 feet` in width in
Block 29.
A- report was submitted by the chairman_<o€
Committee No. 1, presenting ' all the facts bearin;s : on this Cues tior.
which were brought, out at the meeting of Committee No. 1, when a
:full discussion of. the 'conditions and Problems .:in: Lived in the
project. was had' with property owner: and. �re_presentat: ves . of
places .of business affected by the proposal.. The committee did
not submit a definite recommendation either for or against the
adoption of the proceedings for the opening of an alley; the
members:. of the committee being divided in their views on this
subject:.
Mre. Trank Lee Crist, attorney for' the George H. Louis
Realty Company,: owners of the property, on ,Wa"verley` Street which
has been; leased to ;the Purity Stores for a. new parket buildinng and
-parking:area Inecofraection, offered to sell eight feet in the
rear of ' this' property, which would provide an outlet,, at the rear
of the builc:ing occupied by the Palo Alto Furnitur e' Company.
He ;:stated that he understood the furniture.. company' could secure
a pr 1 vate . right of way to the street if they had an outlet at
the rear, of their store, and believed this offer -would solve the
problem. " . He further stated that the owners' .of this property
� ob ect. tv.thee taking often feet along the .northvesterly side
of their property for alley purposes, as•the lessee needs the
entire : area- and would cancel the lease if the ten: feet is taken
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Mr`. laayd Leve, attorney for the Palo Alto Furniture
Company, addressed the: Council, asking that the matter . be
considered from a• long:range view and pointing out the benefits
of the plan :recommended by the Planning Commission.: On behalf
of his ;clients he urged , that the, 20 -foot alley leading from
Waverley Street to - the building . occupied by the• Palo..: Alto.
Furniture Company be; constructed;, in the even \ the whole plan
recommended by _the Planning' Commission is not feasible.,
(Councilman Cashel left at this time,; 8:15
.and,; :was:.•abaent during the rest of .the meet % )'
Mr; z .:,:�3.:Cornish inforned the Co-uncil that Dr. Ray
Lyman Wilbur, owner of the property occupied, by the, Palo Alto
Furniture or parry, Mrs.„ May Houston, and. Dr. J. L. Moore,' owners
of property:; fronting. pn :' .ri.verslty Avenue between Wa:verley
Streetand.. the .furniture store, are in..fave of the opening of
a 20 -foot alley, and willing to pay ;their share of the ‘assessment
for an -alley -opening, procedure.
Mr. C•r5 st presented arguments against the o eraing of
a .2Q -foot alley which he :felt :would not be a public benefit
but would be :a benefit, to only one property, that occupied by
the Palo Alto Furniture Company-. He pointed out that the
parking area to be provided by his, client in connection with
the new store building would aid in solving the present parking
problem. Mr. ;;Leve argued: that the proposed alley would be
a benefit to five other stores facing University: Avenue as. cell
as the furniture : company.
The proposal .offered by Mr. Grist; on beha f . of hie
client,: to ;sellsight feet of land to provide ian outlet at the
rear of the :furniture store was discussed. It wTas pointed :out
that there would be. no public benefit involved. -in such : e.
transaction; that the Council could take no part in this,
proposal and anything accomplished along this line would have
to be done by :pri vate negotiations . Mr. Ford ,,Bar ger; co-owner
of. the Palo Alto Furniture Company, stated that he felt .the -
eight feet: referred .to .would notprovide sufficient spa ,e for
their .purpose;' .that:.
they had been unable to secure ,pelemi ssi.on
from the. Varsity 'Theatre- to use the adjoining 12 -foot :right of
way :belonging to the theatre, and that he dial not believe it
would be; possible at ,the. present time to secure a right of gray
to the street. ;Mr. G. ; F, Carey pointed out that such an
arrangement :as suggested... by Mr. Crist would be .of no.:benefit to
the other .properties fronting on University Avenue owned by
Mrs. Houston and Dr,;. Moore.
In view of : th.e statements of property owners that they
are willing 'to meet. the 'costs involved in an alley -opening
procedure, a:::rrotl:on wars; made Eby:,Oostelio, seconded by Bentrott,
that a resolution to ;proceed with the opening of a 20 -foot alley
in , Block 29, from Wa'verley Street to the building .occupied..: by
the Palo Alto. 'Furniture :Company, be adopted.
Mr. :;George ,,Lievre, one of the owner- of . the George H. Louis Fealty; Company, addressed the, ; Council, seating that if
action is taken to :-cone 10' feet of their', property for the
proposed alley, the:lease with the Purity Stores vill be
cancelled and' he; would be: liable for da..ages. He pointed' out
that the ,stores involved had been served for years by the ten -food
right of- way at the rear .of their properties, and he felt the
Council was not justified in concerning additional land when his
company would be severely_ damaged by such action.
A suggestion was made by Councilman Cypher that the
Council' defer, definite action until :it could be determined
by negotiation whether or not a solution of the problem could
be .worked' out, in view of the offer concerning the eight -foot
strip to., provide an: outlet at the rear .of the furniture store,
Mr. Criststated that he would be willing' to have the mandamus
proceedings,' set for next Monday, November 18th, postponed
untilliednesday, November 20th, to see if something can be
worked out in the meantize ..
Dennisto7. n Wood a member of the vestry of thie
pisc:opal Church, stated that he was not authorized to speak
for `the' ohureh, but thought there was a possibility that the
•,church-,iiolght .not object to °giving a private right of way over
theirproperty, although not more than: ten feet would be
available even if: the church is willing to grant it.
After furthex► discussion, the resolution of
preliminary determination for the acquisition of lands for
and the construction: thereon of a publics alley in dock 29
,' ;»ad. The vote` by.roll call on this resolution was as
follows
Ayes - Bentrott, Costello, Goddsrd -Mennen. Mitchel„
'Richards.
?oes, Cypher, Hoy, Thoits, Thomas.
- The resolution, having failed to receive the necessary
tights votes, was:. declared lost.
Nan, ,Crist, then advised that in spite of the fact that
the resolution." failed to. carry, his clients are 'willing to
negotiate-. with the Palo Alto Furniture Company ;In an endeavor
to. work' out. a: ..-solution of their problem.
The _Mayor pro tern called -attention to the fact that
the Building inspector bras instructed: at a previous meeting
Ito withhold --the' perrit for the new building for the Purity
Stores':'pending further'Instructions from the Council,; The
Cltv:Attorney advised_ that the Council really ;has nO juris-
diction over the Building Inspector and that .in- view of the'
Counc llt.s:: action :at this ` zeet izzg, there . is nothing' to parent
the. issuance of the build ng permit. No further action was
taken: %by the, Couxtci I :- in=this regard.
Bowling Alley Regulations
A letter , was 'received from the ..Howell Engineering
Company. operators; of the Indian Bowl, requesting that: the
present. -ordinance pros bi ting minors from -working in a bowling
alley be revoked'or ti t the Indian_ Bo• l be exempt from such
:regulationso 'This matter was referred to the Board of Safety
and _ Conmmit tee: No 2.
ad 3 ourne,
ATTEST:
Cnmotion of Goddard and Thoits, the Council
APPROVE:
i ty Clerk
Mayor pro tem
sessio%
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