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HomeMy WebLinkAboutMinutes 02/20/1956337 1 n February 20, 1,956 7:30 P. M. City Hall, Petaluma., California Rbgula-r . m eeting of the Council, of the City of Petalua called to order by Ma y d'r' Schoeningh. ROLL CALL: . Present: Councilmen Adams, Bigelow,, Brown Gustafson, King, Norwood and Mayor Schoeningh. Absent: None. INVOC gi by Invocation was g R everend Wilbur Nelson, Evangelical Church. L APP RO�TAL OF MINUTES: Minutes from the meetings .of Feb. 6.. 195,6 -and Feb. 10, 1956; were approved as recorded. PET ITIONS & COMMUNICA.TIONS: Public Notice from U. S. Army Corps of Engineers dated Feb. 10, 1956, re application of City . of Petaluma for revision of permit authorizing filling and dredging along Petaluma Creek, read and filed: REPORTS., CITY OFFICIALS: City Manager .II I cl aims approved for payment by the City Manager were submitted; whereupon Res. #1620 N. C. S. introdu�, �°ed by Counciilman.Gustafson , seconded 'by Councilman Adams, approving claims 4Ad bills '(Nos. 2715 'to '2878 inclusive) ° 'was - adopted by the following vote: Ayes: Councilmen Adams; Bigelow;' Brown, Gustafson, Norwood, and Mayor Schoeningh: Noes: Councilman Ting. Council Committees rt re. Business. License Fees. -.Beauty -.B&auty & Barber .Schools I III u. Comn%iftee report dated Feb 20; 195. signed by Councilmen Brown and'Gusta:fson,, City Manager Edward Frank and, City Attorney Edouard Robert, recommending that a section be added to the Business License Ordinance to provide a fee f $18 00 per year,. be charged for the business of operating .�,e a beauty 8c� to of and/or barber school, and further, that a fee of $4.00 per year be charged for each :employee9 instructor, operator or student operator, when f e �ou� �i char ed for student. operator services, read and filed. ., g I p � I " lrnan Brovvn tlien hat the Coun.o 1 had the right and pow.e�r toee, the ttorne had advise create a soecidlll, category for beauty schools and barber schools, but that a business r) a� tee other similar businesses in the1C t d • to He further stated tha t the fees b �.ln . b i�. erase, ee would have t mess ce -, Y � the State that C Md or i I, in a er c ig es that have beauty and barbers hoo s and had secured advice. authorities he Coniff).!iaee on the subject. He explained that; 'when the Committee met, they (1) (coat. ) February 20, 1956 REPORTS'. OF. CITY .OFFIGIALS - qont, BuSiDOSS. License Fees 3eautv,&,Barb0r Schools wii cont, had to consider the proper 'h ssifidAtion for" The VUsine's 8 - and a fee which would z a be comparable to other qimiiar businesses' in. the City And which Would not be discriminatory, a.-Lid that their rec'0mmehd.ation to the Council, was as outlined in in the Committee report Mrs. Lily Bone addressed the Council stating that she'felt other members of the grou (evidently r6f6r.rift to members of 'the 460ticiAh's Local #4198 of Petaluma), would be disappointed to learn that the fee for these schools Will be the s,*a'mb'as that for beauty shq'ps Mr. John King., oper"Ator of 4 local beauty shop, addressed the, Council ty b a,beaut stating that he felt-this 6eau sch661 was in no Way'compard compara y shop ot either .school, and thaflie did not beli6v�e_ people understood the exact circumstances of the matter. Councilman Brown .again stated that a. thorough study of the matter e. had been made by the City Attorney and City Manager and that the Committee could only recommend a business license fe6i#hich would he comDdrabld to other businesses in the City d 6 1 �. _y�a4 which th& City defend in court q, m The City Attorney iws then directed to am the business li na ordince'in Accordance with the r'O Pom M endations of the C ommittee. 9pp qrt,on,. Oak Hill Pdrk PlAn A.. Policy RE e � on t e C 6uyidilniAn in 9' r',eie" io:irb * d h, - follbwi g di,8 cus s ion 9 which .took, place at A Committee meeting M- Hill of tfi6 balif. Water Service Co.. on Feb. 17 1956p the purpose of w h was to' .rsee if sorne�.ig _rpemeht could be reached With the'Water - Co over - r the existing water line in Oak Hill Park for which the City had n to the W Co. ever grante an. e.4 It 'had .been the ditY opinion thdt, h that linpr, 'w er6 it will be under the extension .of Oak Stredt *Weither have to be lowered or wijl.bp in a dangerous position because of the street having to: be gr'aded down. It is - planned that the - area which Plea's_ ant Street now rung through will be - . e - n a oarking a and also Ddrt of dc ''s p PLY9r. oujad The third problem discussed at the meeting was that of the trees which exist East of the broposed Oxtonsi6n of Oak 1 " .;Ls the.' might have , to he ,, lieyel6d and in iso doing ddmageimight be caused to some of the tree roots; The Calif' , Wdt&r" Service Co had requested a 15' easement fro m whe Oak Street enters the 'park - to Pleasant Streit and then - Along the easterly boundaries k 'wPst " the pAkk to of the par its torn6k and then `Aio�g the' b er ounddriesi of Y - _11 � I w wher.6' Park Avenue intersects the park. From that on, the Water Co. is desirous of a 20". Access for 75 inor r to got into prope with the,. ­ I I.. %". I . y pio.vIsion . that no structure be;built over that easement, The Water Co. also had requested the right . of egress' and ingress to ge t to their pip& line. It had been p4, ag;rep at the meeting that the' Cqun,dil 'should decide the amount to be, charged dfor th.6 easement' and whpfh&r the" easement should - b& changed or left *as it. exists'. Th6matte­r wa's referred to th6 next study session of the Councii. Diie'e'tot_ 'Rihlic Works Che V a l le y �, t r y y, S T,�Jd ' Report 'of 'the Di:e6dtdjr 6UPublic Works dated F6b. 16. 1,956, re Cherry Valley S evier , District, road ;and fftid.: ­ The report stated thdt only written, b protest'* the district had b. keca.viEd' and that a: large mdrj prity of the pro ewe ,ppi wished to have s'' ­:e f ilitfe installed.. As soon. as possible. There'pqrt recqmnend&d�- if the City Council is to act as agent for the district that the services of 'an Assessment attorne y b to Tay the'ground work for , P hi , T. the proceedings-. (2) February 20, 1956 - D ORTS OF CITY OFFICIALS. co Director Of Public Works Cherry VadLey,Spwpt P, ro ect - cont. Mr. Ingrain added v0'r l y that the County Health Dept. had given these people word to either instal- sewers or move out of their houses, this being the rdason, for the property owners' appeal to the Council for advice on the matter. M.-ayor Schoeningh stated that he had received a phone call from Mrs, Jensen, a property owner in. the district, who wished to register her oboer....ion. Mrs. Jensen had not submitted a written objection, but had objected orally'at the meeting, because of there being 8 sower line adjacent to her property to which she could connect. At the suggestion of Councilmen King'and Brown, the City Attorney was directed to c I heck into: the mAtter of hiring.an-, outside attorney on the district and submit his' recommendation to the Council, Councilman Brown felt that it might not be necessary to hire an outside attorney ,if the procedure for this project would be similar to that Of the previous Cherry Valley Sewer Project. Other. City Off lei als Reports of the Police Dept., Tax Collector and Librarian were submitted andli Councilman King refe.rred to a report which had been submitted to the DUy9r, by the City Manager, on the subject of a bond. issue for road construction wit I hit the County. He stated that he questioned the advisability of such a report. I , � d w : n or Schoenin quoted. a letter which was received from Councilman cilman Jensen of, Santa . Rosa and addressed ia, Mr. Frank- "After hearing your letter to the Honorable Mayor Vincent J. Schoeningh read and having an opportunity to reread 4nd study it thoroughly,. .1. have decided to Write you compliment you A for your' enntribution to our meeting with our Supervisors on Wednesday - evening. Your suggestions, observations and fat were all well placed. I only hope that our Supervisors will spend enough time to the study of it to digest its contents. Again may I extend.my appreciation for your efforts..." The matter was then referred to the next Council study session. INTRODUCTION OF. ORDINANCES: Correcting. Title of Ord. #126 N. C. S. Ord; #425, No Co S. iinroduced' by Councilman King, seconded by CouncilmAn'Brown, entitled, "AN' ORDINANCE TO CORRECT THE TITLE OF ORDINANCE ra 128 N. C. S. FOR O THE PURPOSE OF REINSTATING ORDINANCE NO. 48 C S. WHICH WAS INADVERTENTLY REPEALED :0Y ORDINANCE NO, 128 N. C S. " was read 'and ordered published by 7 affir. m-ative votes. ADOPTION - OE ORDINANCES. Ord, #42`x' N. C. S. introduced by'Councily-nan King seconded by Councilman Brown, entitle "'AN ORDINANCE APPROVINO ANNEXATION OF UNINHABITED TERRITORY KNOWN .AS " G, UTERMUTE ANNEXATION" TO THE CITY OF PETALUMA., CALIFORNIA. adopted lay 7'afffrmative votes. T 340 February 20, 1956 ADOPTION OF ORDINANCES; Cont. Approving. Novak Annexation No. 4 'Ord.. #428 N4 Co S. introduced by Councilman Gustafson, seconded by.Councilman Norwood, entitled, "AN ORDINANCE APPROVING ANNEXATION OF I UNINHABITED - TERRITORY KNOWN AS "NOVAK ANNEXATION NO.' 4" TO THE CITY OF PETALUMA�, CALIFORIQA. adopted by the following vote: Ayes- CouncilmenBrown,, King, Norwood' and' Mayor Sdhoeningh. Noes: CouncilmenAdams, Bigelow and Gustafson. Before roll was called on the foregoing - ordinance, Councilinan Brown r , requested to know how the question'of title to the ditch running:` along °'Noyak. Annexation-#3 had turned out. 146 b6lie the City would, again be running into the same situation with the property in Novakft4, and was wondering whose responsibility his would be. . y t , w M - r. Frank stated that hg had talked with. the State Engineer on the matter, and Mr. Ingram informed the Council he had received word from the` State Engineer -that they were working on the , 'matter 'and that they h p lans . for f ar I stabilizing the bank on this is side'. He explained that the bahk:�d the far side lies within the Novak property- Amending. - Zoning Ord.. .-re Foster.Homes Ord. #430 N. C. S. introduced by Councilman Norwood e by Councilman Ada ms; entitled; seconded a "AN ORDINANCE AMENDING, ZONING ORDINANCE NO. 340 N. C. S. BY ADDING SUBSECTION (f) TO SECTION 6: THEREOF TO ALLOW FOSTER H'.OMES IN ANY DISTRICT AFTER OBTAIN-, ING A USE PERMIT THEREFOR AND AMENDI SECTION ION 9..2 TO WAIVE THE FEE FOR SUCH USE PERMIT. adopteA by 7 affirmative vote's. CONSIDERATION OF UNFINISHED-,B Resignatign George -PickersonfromPl4nning Commission Res. #1621 N. C. S. introduced by Councilman Adams seconded by Councilman Norwood, entitled, "RESOLUTION ACCEPTING THE RESIGNATION OF GEORGE W. DICKERSON.111 i was read and adopted by 7 affirmative votes. Mayor Sch0eningh, remarked that -he had`workqd with Mr. Dickerson on many problems and that Mr Dicke'rsonhad unstintingly given of his time to serve" the' C ity. "B" ,Street Improvement ,I.7. Discussion with .Property O w ners Mdy,0'r`Sdhoefiihgh; ; explained` that this discus's ion" w'as�'beinOeld in order to g determine whether or not the prop erty owners on 9 St. were in favor of having the street declared a Major City,Streek so that gas tax funds co be used for (4) (con't.) 341 1 February 20., 1956 CONSIDERATION OF UNFINISHED BUSINESS cont, Street Lmprovement - cont. resurfacing. In this way the property owners would merely have to pay the cost of curbs - gutters, sidewalks, and tree removal,where necessary. The Mayor stated that, the Council was anxious to hear expressions as to whether or not they favored going ahead with the proposed project. The City Engineer explained that the typical lot would cost the property owner approximately $270 'Mr. Ingram, also explained that 50% of the property owners on eac ock would have to be in favor of the project before the City could proceed, and th_ a Man y h u e ,pe ons w' re asked b etheli Toed before the project could get under way. e y p perty owner b' s in the audience and owners e , Y g this discussion, the Mayor requested ansp yed t in the •� ; the Cit � • p y. e audie ce to ra ise t` h eir hand s as an indication of whether the er "FEn • or not they favored the project No hands were raised when the Mayor .asked for an indi The' o 'disapproval, yor assured the property owners that everyone would be contacted individually before the project was, commenced and that they would also be informed as to the amount of cost for 'each property owner. Re',Philbert vs City Council ' man' King remarked that a letter had been received from Karl Brooks on Dec. ,29, 195,5,, -stating that the Philbert vs City of Petaluma matter would probdbl —ome, up in count in late February or early March, 1956. It was suggested that the r' ty,,Attorney check into this matter further Re:'!Plan ring Commission V,.acancies Councilman Norwood stated that he would like it. to be known publicly that there are °vacancies on the Planning Commission for the information of any ci I izens who might be interested. Re School' of Cosmetology For those people who might have entered the meeting late, Mayor Schoeningh reiterated what had on the matter of business licenses for beauty and barber schools in the City. 1VIr. Hebert, operator of the proposed beauty school, - addressed the Council requesting- clarification of the $4 DO'per' year: business license fee to be charged per student operator. Councilman Brown explained that this fee would be charged for each student operator.; ;when fees we're being charged for that student operator's services. M t. Hebert went" on to 'say that this school';should..in no way be compared with he school would not cause �a'hardship to the beauty shops in a beauty, shop, and�that t the City. He beiefly' explained the operations. of the school and then introduced Mrs. Agnes Nisbet ;. supervisor - instructor at,!the school. Mrs. Nisbet explained more fully the- operations. of 'the school, the .tuition to be charged ln relation "to other 'such `schools in the= State; etch . She stated that the school would be operated in strict accordance with the State laws. To a question asked. by Councilman Gustafson, Mrs. Nisbet explained that the students would be under , constant'supervision , when working on a :customer: 1VIr. John. King; operator of a local beauty shop, questioned the necessity of such a Eschool in a town the size of "Petaluma: Res. of Condolence io Farnily -of KarbBrooks .(Pont.) I. ^I Viljl • February 20, 1956 Resblution No. 16,22 - N. C. S. "RESOLUTION WITH RESPECT TO THE DEATH OF KARL BROOKS, ESQ.' CITY ATTORNEY I AND LEGAL ADVISOR SOR TO THE CITY OF PEULUMA. Intrbduce.d by Councilman W C.' Brown at a regular meeting of the City Council of the City of Petaluma on the20th day of .1956. BE IT RESOLVED THAT on February 10, 1956 - the City of Petaluma suffered, inestimable loss occasioned by the . death- of its most conscientious citizen; Karl. Brooks Esq- . "who for twenty -two yrOqrs safely gu ided the City of Petaluma. through man intric'afe'.,1pg4j prob The eittst. expression; o - . f b'nfid&nc6 gr, in the hoh&sty, integrity - an d'. c apability of Karl Brooks: is'- shown In the fact tthat % the City Officials kept him in his office for continuous period of w6ftm-tWo.. years: from February I 1934 until, re r' Ij �'d of d 'I s was .4 e'st to b0' ut e p_ eve reluctantly granted by this Council ' on on February 6, 1956: As the City of Petaluma grew and as civilization became more complex ,go did the office of City Att . `'.grow a nd b e o 1 T this offi60 b eco me. m ore com ex p Mr $rooks gave unstintingly Of W�s time' and - effort. The results a Ar 40P throughout t he; of this City,, To test. the caliber of the work done is but to examine the history of, this Cit"y'and' there find that w6` hdVe never been involved in liti needless;: ation that,, . by- stretch of' toda - this C ouncil, i consider this -11. to , be, X11 be s W&­"the members of tribute of the'highest, possible order and we as all past Co uncils Whg, were s,'et*&d by Mr. Brooks _arafef�lan - d ni qurs6lve's highl are most d de em to_ have had the great good fortune in havin ' iVlr B Qok VA fte�bie to us inour hours .r, , s a _ of need. Mn Brooks had recognition far beyond th& limits .of 'Petaluma and his abilities were :recognized by th6 whole State of - C alifornia: We an expert in his fi6ldbut our knowladge of him as;an "e#�` e t " was not alone, .for he r - was so considered by ever s- c o n c er ned 6 man In this State who Wa rned or had contact with .the intricacies or municibol. law. The Legal Counsel for the League of California Cities.has stated: "In the field of municipal, law in California there is no 4ttornpy, better , qualified, alified or more painstaking in the care with which he approaqh6t atity problem that recognize , )Tp t - in ' Karl Brooks "'. Not,dhly did this "expert'' the 6 Kar..1 in., itself a tribute of the highest order but he freely gave this opinion to And sundry. This alone isenough to make A" man , . that he has a:c-fiieived and reached the pinnacle 'of suc in his chosen field HoweiVar• it must be noted that thb" League` of California Cities, an organization in Which Mr B-rpoks'hdd a long association, gay.0'.him.further_recognition by : electing him to7 every -6ffice available to an attorne up; tcrand including the Pr&s iddncy and he ga _J of him'self in these offices. , Inaddition, he was Asked i aind'vekv willingly gave many papers befor6 associations 'of inunicipal officers and the League'its All who heard him. Were unanimous in thi24t feeling of hdvi nR lisfe n to ;a thorough, conscientious and brilliant exposition of the problem under discussion. The activities above mentioned werb ' and are enough ' time to t - and ability of any man, L but Karl Brooks; gave more. During the holocaust of World War II he further served this com munity and the, nation by actin as the Chairman of the Gasoline Panel' 4'the O. P. A. and as - -of the Selective ry Seic Boa . rd P bringing . to these a r pus and' most diffic ult tasks th6l same .. . : painstaking and conscientious ability that he'so ably gave this City. . (6) 343 February 20, 1956 In his chosen profession as Attorney at 'Law he was an active member of the Sonoma County Bar, the State Bar of California and the American Bar Assoc 'r�oa, His private clients found hire kindly ;and .sympathetic as well as most: ent in the handling of their , affair -,s. He` served there - and all who sought his advice = - v-eh and 'faithfully and through his honesty integrity ability developed a successful general practice of law, leaving behind him many satiasfie'd clients. Socially our community knew Mr..; Brooks as an integral part of its life. F e wpa! an active member of his Church, Petaluma Royal Arch Masons . Knights Templar Elks Lodge, Knights` of Pythias, Rotary Club American Legion and the Chamber of Commerce of the City - and County;= having served as President of both of the latter' bodies: We mention_ these activities. to show that Karl Brooks was; a well rounded' citizen of the highest caliber. Perhaps the greatest goal of mortal man is to have and- to enjoy a happy family life. Karl. Brooks'achieved this goal. He, was a devoted family man who, enjoyed to the utmost the deepet love and affection .of his beloved wife, Geneva Brooks, and his boys Charles and David Brooks: ` For the reasons , herein .set- forth a.nd for reason's that 'are beyond the expres- sion mere words and because this Council is conscio_ us of the great loss to the City and` its citizens; IT IS HEREBY RESOLVED that the Council adopt these resolutions as a tribute to the memory of Karl B'rooks,: Esq, , its Tate City A.ttorney, a respected citizen, an exemplary main a courageous member of ' the 'Bar, and a devoted husband and .father. IT I S HEREBY FURTHER RESOLVED that for the purpose of making a permdnent record of this tribute, a copy of this Resolution shall be transcribed in the° minutes of this meeting and that the original. be filed in the archives of the City. IT IS HEREBY FURTHER RESOLVED that a copy of this resolution, certified', and sealed by the City Clerk, be transmitted to the widow and sons of Karl Brooks as a token of the sincere sympathy and' heartfelt - condolence of the members of this Council. under the power ,and authority conferred upon 'this Council by the Charter of said City. Seconded by George A. Norwood COUNCILMEN VOTE Wallace A: Adams Aye I hereby certify that the foregoing resolution was duly and regularly. introduced; and adopted by the Council of the City of Petaluma, on the 20th - day of February, 1956, by Albert I.. Bigelow - Aye Walter C:. Brown Ave Milton A , Gustafson Aye ohn. . King, Aye George A. Norwood Aye a or Vincent .: Schoenin h Aye L11G 1"11V W 111r Y Vl%. (SEAL.) Vincent j . Schoenip& Mayor of 'the: City of 'Petaluma Attest: Gladys R. Wallin City Clerk 344 February 20 1956 A A'O URNMENT9 'Daere " bieinR no further r business to come before the meeting the meeting W -s adjourned in respect to the memory of th6 late Karl Brooks. Attest: City crl fk I 1-"