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Bell Gardens : Officials Will Test Legality of Special Vote on Rezoning

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A petition calling for a special election on a rezoning plan that would limit the number of houses or apartments that can be built in Bell Gardens is being challenged by city officials.

Opponents of the plan gathered more than enough signatures to call a special election, but City Atty. Peter Wallin on Monday told the City Council that submitting the rezoning plan to a direct vote of the community is “highly questionable.” He said that the state planning law requires the council to approve a zoning map that meets the requirements of the General Plan, the city’s master plan for development. The council approved such a zoning map last December.

Wallin said that the state planning law may be violated if the City Council allows a special election in which the zoning map could be overturned.

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City leaders will test the legality of a special election by ordering City Clerk Leanna Keltner to file suit against the City Council. If a judge rules that the special election is legal, it will be held Sept. 17, council members voted.

Opponents of the rezoning map angrily criticized the city’s action.

“It’s a lot of mumbo jumbo,” said Rudy Garcia, director of the Bell office of the League of United Latin American Citizens. “They are just trying to find an excuse to do what they set out to do. They are spending a lot of time and effort and I want to know why. The people don’t want it (rezoning). (The council) is going against the wishes of the people. I want to know what the hell is going on.”

City Manager Claude Booker said that, “when the city attorney says it may be illegal, the legality has to be tested.”

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