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.