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HomeMy WebLinkAboutFEBRUARY 9,1960 I mv"",,, PLEDGE ROLL CALL PETITION RE REFERENDUM ON ORDINANCE NO. 1071 I i () 1 f .J -i .INDEXED I 04876 M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA ADJOURNED REGULAR MEETING FEBRUARY 9, 1960 Pursuant to the order of adjournment of the regular meeting of the City Council of February 2, 1960, the City Council of the City of Arcadia met in regular adjourned session in the Council Chamber of the City Hall at 7:00 o'clock P.M., February 9, 1960. The Invocation was offered by Mayor Reibold. Mayor Reibold led in the pledge of allegiance to the flag. PRESENT : ABSENT : Councilmen Balser, camphouse, Jacobi, Phillips, Reibold None The City Clerk read in full her certification of the tabulation of the number of signatures affixed to the petition filed in her office on January 29, 1960, requesting that the matter contained in Ordinance No. 1071 be placed before the electorate, said certification containing in substance the information that, as required by law,. the Registrar of Voters supplied to the City Clerk on said January 29, 1960 there were 20,726 registered voters in Arcadia, making the required number of valid signatures necessary 2,073; that after all the petition signatures were checked the total number of signatures affixed was 2702, the total number of invalid signatures 234, making a total number of valid signatures 2,468. The City Attorney then explained that the Council had two alternatives to follow, to wit: to totally rescind Ordinance No. 1071, with respect to which the petition is filed, or to place the same upon the ballot, which can be done at the forthcoming General Municipal Election. That until the matter is voted upon by the people the effectiveness of the ordinance is suspended and would be permanently suspended if the referendum carries; that if the referendum fails, then the ordinance goes into effect after the canvass of the results of the ballot; that the referendum either carries or fails on a simple majority of the voters voting on the proposition. Councilman camphouse commented that there had been other issues before this Council upon which there were differences of opinion but that he believed this is the first issue of major importance upon which both the Planning Commission and the City Council unanimously agreed. He then moved that said matter be placed on the ballot for the General Municipal Election to be held April 12, 1960. Councilman Phillips seconded the motion. Mr. August J. Goebel, attorney for the West Arcadia Homeowner's Association, requested permission to address the Council, and the follow- ing is a transcript of Mr. Goebel's statements: "For the record, I am August J. Goebel; I am an attorney. I represent the West Arcadia Home OWners Association. I think I should also emphasize that I represent no other group, no other faction or individual who might be claiming to have an ulterior motive for gain. I ask leave to speak to you on behalf of the members of this Association on this matter, the referendum, at this time as well as pursuant to Section 411 of Article 4 of your City Charter. 1. 2-9-60 04~'-'7 Dt "First, if I may respectfully call your attention to the fact that on December I, 1959 many of the people I represent, as well as myself, appeared before you and asked that the resolution of the Planning Commission, recommending the rezoning of these 20 acres, be sent back to the Commission for the purpose of permitting us to introduce evidence before them. Parenthetically, if I may say, we had talked with some of you gentlemen before the meeting and were told that we didn't have a chance of accomplishing this. Apparently it was also common knowledge, at least among the real estate men of the area, that the matter was cut and dried and we didn't have a chance. However, at that time we had faith that if a sufficient number of citizens vigorously opposed your action on a logical basis that the pleas of such citizens at that time would have been at least listened to. And what happened at that meeting? Our pleas I went not only unheeded but they went unlistened to as well. This is readily apparent, I feel, from the fact that each of you Councilmen appeared to read from a prepared statement at the, conclusion, at least you had a lot of statistical information that one doesn't readily carry in your head. Now after what I w6.u~{,te.~" a. s"orry' dispJay)hese citizens whom you profess to represent hao no alternative but to turn to the use of a citizen's vested right, a right so basic it's been protected from encroachment not only by our Bill of Rights but by the Constitution and laws of the State of California and your own City Charter as well. This, as you know, is the right of referendum. Now what happened then? "Even before the citizens started to circulate the petition these same citizens were smeared and their motives were maligned by the brush of innuendo. You, Miyor Reibold, immediately called the supporters of the referendum 'Arcadians for Increased Taxes'. The fact of the matter is that either the increase or the decrease was never discussed before the Planning Commission, the body where this rezoning is supposed to have originated. This was the start of the attack by innuendo. Further, with the declared surplus of over $50,000.00 last year and comparable surpluses the past three years, all without the benefit of this rezoning, I believe you have grievously misstated the facts when you stated that our action in opposing the rezoning would result in higher taxation. There- after you personally see fit to telephone Mr. Hackstedde. You ask Mr. Hackstedde if the Association had authorized me to look into certain matters in City Hall. You likewise contact other acquaintances of mine. This time the innuendo, rather than being directed against the citizens, is directed against me. Now I ask you Sir, was it ethical to call the client of an attorney and question what the attorney was doing? Otherwise, Sir, why call Mr. Hackstedde? "Last week you stated you had reservations as to how some of these signatures were obtained. I would ask you at this time Sir, what reservations? You tell us and we will check into it. Again, however, the brush of innuendo inferring something sinister. '''Mr. Wallin resigns from the Planning Commission, submits his resignation by letter. Councilman camphouse is quoted, and we checked the record. He says: 'Pressures were applied', All right, if there were pressures I applied, what pressures are they? Who applied them? We, all of us would like to know. Were I to wield this same brush of innuendo I might imply Mr. Wallin resigned because he was displeased by the actions of the Counci I don't know. I do know he signed the referendum petition. "Councilman Balser said that if the City is to be ruled by a referendum on planning affairs we have reached a sad state. Here too another duly elected official publicly states his opposition to recourse by citizens of their vested rights in their normal desire to exercise and make known the wishes of a majority of the citizens of Arcadia. You strip the citizen of these rights and it verges on a dictatorship. I would say gentlemen, it's far more regrettable to see the City Council as you sit in an ivory tower and fail to consider the pleas of a large segment of the people that each of you profess to represent and then further, once these same people challenge your action through legal means, to see you resort to this brush of innuendo. ~f\\ ~ 2. 2-9-60 I I RESOLUTION No. 3217 J~~\ .I!lDEJiEn " ;">, ~. ,", , 04878 '" ~. ~"i "~ "fl"l '. "Now we resorted to the referendum as a last resort. cally, it is rather interesting to note that at this Manager is recommending the employment of a planning assistance. We would urge that his request be given Again parentheti- time your City expert for more consideration. "Now we have come also to a switch. Councilman Phillips, as you are aware, is a candidate for office in April. On December 1st, at the last time we were here he so enthusiastically supported the rezoning that he was not content to voice his comments once but twice. Now here comes the switch. Last week he sees 2700 signatures on the referendum petition, so now he wants to repeal the ordinance immediately. "Now going directly to the issue here, as Mr. Nicklin informed you again, there are two alternatives and there has been a motion to have the matter placed upon 'the ballot. The people who sponsored and circulated " this petitio~ have not q~it, gentlemen. They have repeatedly stated that 'this entire matter is so important and so vital to the entire city that .~~ it 'sho'uld ,be d~c'lde(l.'i,y ',the' entire city. It involves a basic question of whether this City, Arcadia, shall remain a city of distinctive homes as has been said here before, or become a service city. The Association, therefore, respectfully urges that this matter be submitted to the voters and submitted at the earliest possible time in order that the entire citizenry may have an opportunity to vote on this question. May I say in closing that we have faith that the majority of the voters in this city will support the actions of this Association in protesting the rezoning of this particular parcel ,of l;md. Thank you." , In answer to Mayor Reibold's request of Mr. Goebel for clarification as to the matter being submitted to the electorate at the earliest possible time, since such earliest possible time might not be the forthcoming General Municipal Election, i.e. whether he was asking for a special election ahead of said General Election, Mr. Goebel replied: "We are urging, Mayor Reibold, that the matter be placed upon the ballot at the earliest possible time. Now, I understand the time is very close upon which it could be placed upon the general election and I would therefore assume that the same matter would hold true as far as a special election is concerned, that one would come almost within a very short period of the time from the other and because of the expense that would be involved by a special election we would be content that the matter be submitted at the general election." Mayor Reibold commented that although he did not wish to debate the issues raised by Mr. Goebel, he did wish to point out that personally he had no need for preparation in order to speak on this matter because of his long association and familiarity with it. None of the other councilmen desiring to speak, Mayor Reibold called for a roll call on the motion made and seconded, which was carried as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None No one else in the audience desiring to speak, the City Attorney presented, explained the content and read the title of Resolution No. 3217, entitled: "A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REQUESTING TIlE BOARD OF SUPERVISORS OF TIlE COUNTY OF LOS ANGELES TO PERMIT THE REGISTRAR OF VOTERS OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF ARCADIA RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE IIELD IN SAID CITY ON APRIL 12, 1960." Motion by Councilman Balser, seconded by Councilman Camphouse and carried on roll call vote as follows that the reading of the full body of Resolution No. 3217 be waived: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None 3. 2-9-60 ^~ Y: 04n....9 " '.Ci.;' . ADJOURNMENT Councilman Balser further moved that Resolution No. 3217 be adopted. Motion seconded by Councilman Jacobi and carried on roll call vote as follows: AYES: Councilmen Balser, Camphouse, Jacobi, Phillips, Reibold NOES: None ABSENT: None Motion by Councilman Balser, seconded by Councilman Camphouse and carried unanimously that the meeting adjourn at 7:22 Mayor ATTEST: ~~~~ City Clerk 4. 2-9-60 I I