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
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