Loading...
Resolution - 9386RESOLUTION NO. 9386 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 4, 1997, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE LAWS OF THE 40 STATE OF CALIFORNIA AND FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO THE SITING OF SOLID WASTE FACILITIES WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a general municipal election shall be held on March 4, 1997, for the election of municipal officers; and WHEREAS, the City Council also desires to submit to the voters at the election a question relating to the siting of solid waste facilities in West Covina; NOW, THEREFORE, THE CITY COUNCIL OF WEST COVINA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to general law cities, there is called and ordered to be held in the City of West Covina on Tuesday, March 4, 1997, a general municipal election for the purpose of electing three members of the City Council for the full term of four years; a City Clerk for the full term of four years, and a City Treasurer for the full term of four years. SECTION 2. That the City Council, pursuant to its rights and authority, does order submitted to the voters at the general municipal election the following question: Shall the West Covina General Plan be Yes Amended to Require a 2/3 Vote of the Electors for Siting Solid Waste Facilities Within One Mile of Residential Property? No SECTION 3. That the proposed measure submitted to the voters is attached as Exhibit A. SECTION 4. That the ballots to be used at the election shall be in form and content as required by law. SECTION 5. That the City Clerk is hereby authorized and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 6. That the polls for the election shall be open at 7:00 am of the day of the election and shall remain open continuously until 8:00 pm of the same day when the polls shall be closed, • except as provided in Section 14401 of the Elections Code of the State of California. SECTION 7. That in all particulars not recited in this resolution, the election shall be noticed, held, and conducted as provided by law for holding municipal elections. SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution. Resolution No. 9386 PASSED, APPROVED AND ADOPTED ON NOVEMBER 5, 1996. Ma or Michael Touhey Attest: xn City Clerk Janet Berry I, JANET BERRY, City Clerk of the City of West Covina, hereby certify that the foregoing resolution was duly adopted by the West Covina City Council at a regular meeting thereof held on November 5, 1996, by the following vote of the Council: AYES: NOES: ABSENT: ABSTAIN: Approved as to form: : E Cat City Attomey Betsy Mariyn 0 Herfert, Manners, McFadden, Wong, Touhey None None None V City Clerk Janet Berry AN INITIATIVE ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA GENERAL PLAN TO REQUIRE A 2/3 VOTE OF THE ELECTORS FOR SITING SOLID WASTE FACILITIES WITHIN ONE MILE OF RESIDENTIAL PROPERTY The people of the City of West Covina do ordain as follows: Section 1. Findings. The City Council fords: A. The BKK Landfill located within West Covina has caused many residents to be concerned for their health and safety, given the proximity of the landfill to occupied residences, the known by-products (such as methane) from solid waste decay and potential air and ground water impacts; B. The use of the site for solid waste disposal also generated truck traffic within the City, with all of the related impacts; C. Therefore, the City Council wants to confirm that no future City Council may agree to site a landfill within West Covina absent the consent of the voters who will have to bear the potential health and safety impacts of such landfills. D. West Covina has done its part in bearing the local impacts of regional waste disposal. Section 2. The following provision is added to both the Land Use Element and Safety Element of the West Covina General Plan to read as follows: A. Notwithstanding anything in the General Plan to the contrary, except as otherwise set out in this provision, the City Council shall not take a discretionary legislative action to approve a solid waste facility (as those are defined in the Integrated Waste Management Act, Public Resources Code Section 40000 et seq. as it may be amended from time to time or any successor thereto) where the proposed site within the City of West Covina for such a use is within one (1) mile or less (measured from property line to property line) of any occupied residence within the City. B. The City Council may approve the siting of a facility described in (A) above after submitting the issue of such approval to the -voters and receiving a 2/3 vote of the voters voting in favor of approval. C. In the event the 2/3 vote requirements here are not upheld as set out in (D) below, the voter requirement of (B) shall be a majority vote. D. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or inconsistent by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of West Covina declares it would have passed this ordinance, and each section, subsection, clause, sentence or phrase thereof, • irrespective of the fact that any one or more other sections, subsections, clauses, sentences or phrases may be declared invalid or unconstitutional. Section 3. This ordinance shall take effect 10 days after its approval by the voters.