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05-08-1946 - Regular Meeting - MinutesRegular meeting of the 'City Council of .West Covinw, Cal ifheld on. 11 Y 1946 Meeting opened at City Hall at 8 P.M. All of the members of the Council present butiMos'sberg. On account of the 'presence of -many 'outsiders motion was made by Daui:els. to take. meeting. to the. Auditorium •oP the - West Covina City School -.en- Suns -et Ave,. Motion was seconded- by. Hurst and carried. Meeting resumed) at, School House at $.l$ P.M-. ; Mr Lynn Price,atterriey .for the West Covina. Business Mans' Association 'add reasad. the, -,Council `.and audience•. � Ir • ' - He s ts.ted that. many, pro party 'owners on Garvey Boulevard• had been .denied on thei r applicati'ons , for busines.s zm'ni.ng variencee._.because o$ the proposed zoning now under consideration, spotshad been set asided as proposed business zones,. .and. that the applica,ti,ohe so denied had been outside of these -locations. He claimed :that it was unfair. to deny:. th•esa petitions when .'others had been allowed. else- wYe re . die. (3tdtIedn.tha# Otdthan'Ce •#a.3lgtheese da3rlad Wo&tr.0ovkfi4nzv.n!bUg ordinance was unconstitutional inasmuch, as a zoning ordinance was suppo?ed to set up zones and: vari-ous didtricte' to cover' resident ial,business, and dther uses 16property. and that this ordinance d-id not' conform to this rule and was in conflict -in this 'respect with the! Zonings law =set' up by the State of Calif. in 1917. Ordinance # 31 only, allowed for the single family ree- idence and. did -net create various districts and zone's . It-vas,•his contention thlat ,on .the receipt:.of a petition for a business zoning.- v`a.rience, the. Council -should have made a report of same to public -and stated time place and plan propesedl for public ,hea.ring Lndothate�bet�nipliamhearing should have, taken. place bef ore either: all®.wing� or rejecting :same. He said that this had not been' done.. He pointed out that, at least- 15' business structures in. 17e.st Coviria that- had -not ibeen -gr-anted,= v:irience-s and he, asked -why? O'rdinance. # -3V ;he Said,•provided. fex an application to .be .filed on- a`.. -form' that provided for an a.cceptanc,e or rejection. t©" be marked . thereon but- that no such form had, been, used. He said•, that the term=-varience, as' used in tbtyCityordeords was . really a misnomer >. �It. was- not a -variance at all; b'ut a spot zoning pla.n.' -That West` Covina does not have a planning commission other'tha.n, the City Couhcll- itself -,'but in ordinance # 11.7 • it is%`steted' that if thc'- plannirigtcommisieh, were. to :re j.ec.t' an • .. application the City Council can. be.. appe'a.led to.,, That :would,. , mean .iri%--:his; case that 'the, only _source of appeal:Viould b.e to the .same body that re iected the; applica.ti.on. -This of courr.e, hinsaad' is very unfair: There. has .=beeni •no. ordinance' adopted Vy the'- City that lias even suggested dividing the City :into zones a That between :8/27=27 and. -3/28-44 �obly lU var,iences had been granted but many had been denied. That while the ptaposed.' zoning plan ha* been-mention-ed. in Ordinance that -there has Veen- -no ix f`ormatien given out, 'about the new plan and that he had not' been- told about -it when searching the ordinance book. -In summarizing,he -said,) that- (10 Ordinance #31 Is invalid. because it ..Is unconstitutional because it-. does not -provide -fox a real zoning plan. (2) Variences granted 0ximr, •this ordinance are unc ons ti tuti cnal because of the manner -in .'whi chi they have been granted. -'(3) Theat- at least 15 business, structures ­exist .in' the 'City i;hr which variences have not -been, ran.ted. ��4 Tat under the existing ordinance#31, the.Council Ead ,no au hori., y to any a business varience for a motel or other business to a property owner. Remarks along .'the: same line were made by .others present. Mr Ra.smussen,President 'of. the..'Jestt Covina Business Miens' Assn. asked what property rights the ..evrnere of property in West Covina have and demanded a definite answer as to what they will be allowed as regards to the establishment of" businesses on their property, Mr Anderson filling, atat ion -.ow -tier: at Garvey and..IE..1.unset eaid 'that he had been told that he." could..erect a :building on his .station .property provided that it* .would ,be used; f.or.;: no; other purpose than the .business that he conducts, there .as the varience allowe"d. te. him only permitted the, used of the. ground -for that purpose. He said .that when. he applied for permissmmn .to 'erect. such a .building he could have gotten the necessary,:lumber for vone.truction; but when ,the C_ounci,,l delayed the answer, dorlorig it:-.preventd;.him fo m; eb- taining.;t.he. material for,.in the meanwhile. it had disappeared:: frem the market.. Mir Price, wanted to know whether the. City had been. in touch,wi.th the County ,Regional .Commission -as to the Orep*ia# zdnthg `f t he - Ciay.He,,s-aid that he. had talked to.l;ons:.of the officials .of --the Commission and had been inferred that there was no evidence of suc,h-,a plan;. -being considered for West Covina..'; Bars... Iouagse.. Lergesaid. that she, ha41 Jbeen,, intouch.,with:.the,:Region.al Planning,, Commiss,iQn. within -the., last few -days ,and had. been assured that they were, definitely Interested in :lest; Covina ,nd.% that/ she had. .beent.shewn :aj. kaster�. Plan. Map• to show.. what, was - bwing,•done . Zeveral_.othere w.zo, did not, give t.hg�kr.names made, remarks that' -were :along. the, same, line as, ti.ose already. -given by others..,. ,;.: Mr Lance Smith,City Atto.,rney. for, West, Covina, then spoke in answ_er- He. said tha:t',,the .Council: have felt. the! inadequa,ey,,,of. Ordinance # 31 for some .time : and- that., they .ha4,,-empleye d. Bar .,Tyler -Suess a � planning and. zoning! expert...to lay out anpro.posed ..ordinance: that, would best meet,. the, needs o;f. the City as a, .whole)., and- that -.,one public meeting had .,been held to .consider,.,the_ peliminary. draft , that he: had prepared . The second meeting had been postponed by ,reques.t of a group, of, cit- izens; that. wanted :to. submit an, alternate plan. He said. that there was no motive fer, the Council, delaying,,,act icn on this, zoning, plan- but that. It. would. be: greatly to their advantage te.:.get. a definite law established. so; that .they,.could give immediatIt anew,ere to,, petitions for business permits,. He{ said that the only reason: that the Council had denie.di some; :of the ,requests. f0r,.,variences was. fox the, future good ..of the .City .as a whole.and thus to propeet., the future develop- ment of the*- City: He pointed..out ;that the Council was .;trying to make the development of. the commumit�y• ©rde;rly so that in 20 years fron now, .the. residents would-- be proud,_ief therr City, ,and• not; have, a hap- hazard.conglonaer.ated ubusiness development. such as some. pf,the ad- jacent :comdVniti-es Piave- Several •monthe have gone .by,:since the Council was asked to.stop the pebd.fid public zoning meeting to allow them to submit. -an,, alternate plan but nothing had been recei4ed from them. He.aai,ai. that he 'fe.It that -ordinance # 31 while pgesibly .inad- equate a,t,� the...pres`ent" time -wae,, not. unconstitutional and wo,uld.,stand in court. Mayor Batchelder said,that in answer, t;o several demands -,that an imme- d3.a,t.e.:answer be given to the demands. of the V es;t Covina Business Mena As,-ociatin,n. to knew what -was.. going .. to ;be done in , r.esponse to the refusals -.'of. •variences that. they were, protes;ting,that, the Council was .there ifor the purpose -of listening to i.th;e pre,te.st. eanthat the proper consideration- could. be -given to;: it,; and : that ,time 'must be allowed, for this: e,onsiderati ono MIr.Price then asked when -the:answer would be forthcoming and he was • given -no definite answer. .He then said. that if a favorable reply was not given -soon rthat the Assn would •report to.' law and demand their rights • May 8,1946 2 The., public meeting at the school house then:wae adjourned and the;_!CounciI returned to.*the, City Hall for' a. private. business : session. :.. Meeting opened at City Hall again at 10 P.M. .-Mr .C,00k,,.Herr'1ng•.1a.n.d Thackery were present to,...offer .a :Tevieed map of their proposed subdivision on Tanct #,.1 4013. O`n :this map Pima Ave .had been moved! -in a let depth o•r- 1.45 ft frem-4est pro- perty, line7�and revisi'en made .ofr the` street length$ ,.of Dotethy "Ave. n ad,..Herring- Ave,, had, been made .to' conform 'to this. .Pima had been c-hanged,, -to' a continuous s tree -,runnitg through" 'to Vine Ave. . There. was -a dedicatiov .of .40 feet from the' center. line of Lark `Ellen:Ave..ehown,whi;ch is -an addit.ional..10 feet..ever.-t-he: plari shown on original map. 'There .was giu.te a ,discussi.cn on: this' point as .t.hel- subdivision owner-t .thought the, demand., unfa1r but no definite decision was made. The,.Ceuncil to c©nvider, the matter and tell them at the next meeting what had been decided. The fallowing bills were read by the City Clerk GENERAL FUND General Fund$Centinued) No Name A*ount 2862 Ralpji Lang 10.00 2900 Covina Book& Art 4.87 3 l liza.beth Johns 10.00 1 R.W.Davic 64.08 4 Frankie Doyle Mrs Oscar Jor.nstOn .10.00 10.00 d Federal Laboratories 32.74 5 6 Adams & Ells 150.00 3 Ind. ,tat & Ptg 4 Schwabacher Frey 221.29 27/62 -- 7 Union Oil Co. 138.IC 8 Percy Jackson 810.65-- 5 Sunkist Water 2.50 9 T.J.Stan ford 121.80 6 Logan Hdwe 14.6E 7 0 Fkiih .,Cra*f ord " ' 113:9p 7. Brooks., Blackard 3000 7.50 1 Dale Jack 76.20 2 71m Ryan 78.70 3 elt i Martin 28,70 Total 3.648�.23 4 ernon Cotter 49.20 5 City of Pomona 210.00--*" STREET FUND 6 J.T.Brown 1.52.130 1594 J.T.Brown 134.3e 7 8 J.C.Nichols Faun Crwaford :`Nichols 105•00 5 kds 113.90 97.50 9 T.J.9-tanford 140.20 Delp 94.60 80 Keith Pd�,r t in 91, OGHen Ruegge 94.60 1 �� ?�ya.n 70.2®Chas Delp Z1600 94.6® 2 Vernon Cotter 49.24Ben Ruegge 94.6C 3 Taos B Reed 75.00 Elec. Products 10;50 4 Fern V layers 30.00fl an Gabriel brill 2 L.Reeg 6.76 60.00 5 Carey , Hall 50.®p 6 Lance D Smith 50.00 3 Leslie Robbins 10.00 7 Glen Kuhn 12.50 4 So Cal Edison 2.00 m :Peggy Ower 25.39 5 Covina Equip. Co .90 1�0 As.ociaiyed Telephone 52.88 6 August Henke 8.61 Covna fat Bk. :,36 7 Pacific Rock & Gravel 21.53 ." 2 Federal Laboratories 32.74 8 Rapid Blue Print Co 9.02 9 So Calif Edison 38.67 3 Peden Hdwe 178.72 10 George Ross 154.16 4 Cash(Petty Cash) 28.11 5 Pennzoil Co 18.10 6 ' So Cal Edi son Co 2703 Total 932.35 7 %vhwabacher Frey 28.11 . 8 Robert Walker 90.00 9 Covina Argus Citizen 27.06 Councilman Hurst.moved that these bills be paid motion was seconded by Van Horn and peaead by unanimous vote. (over) Mr Cotter .announced..tha:t,an application: f©r. z:v'arierieek.f.er- erection of; a'-motel,'on.*second i.ot.from .City limits .had .been ,-r;eceived but that as the hour was growing late he would present it,kttanother meeting. A'_lette.r was .read ;frem• Mrs Mary Van ,Dame protesting the -closing of the polls -in the, 'tccent ,electi an .d.f::A*ri1 •.9t'h,at -6� P.-YE..' ;'A pe_tition. qa.s�: received..'from ,residerite'.i:n the, neighborhood 'of the Wdcolery pro pexty,..on, Pacific Ave'. pro testinj 'the opening. of, •the pony track on Mr No'olery's -property between Pacific Ave =and••Garvey Blvd. R The, _City..Clerk was irist:ructed-U write_Xr:aWoolery, telling him of ....this,..pratest. -and..also, to -s'ay that in view. 'of: ithe protest redeived it'was, very •unlike-ly'that, the: temporary .license granted .him for six: months. would, riot be ,renewed. As there ws no, f.uthe:r business. brought up:for'=transaction the meeting was declared adjourn6d,_ �. .i ' IL 'Ci y Clerk T T I�ayar t R . • AA•