HomeMy WebLinkAboutOrdinance #2650 ORDINANCE NO. 2650
AN URGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH
IMPOSING A FORTY-FIVE (45 ) DAY MORATORIUM ON THE
EXCAVATION OF MATERIAL FROM THE ASCON LANDFILL
WHEREAS, on June 6, 1983, the City Council of the City of
Huntington Beach duly declared the ASCON property to be a public
nuisance ; and
CONEXX OIL CO. , INC. , was and is a lessee or licensee of the
property, with a possessory interest therein, including the right
to enter onto the property and extract, process, and remove
therefrom a portion of the real property, minerals, fixtures,
profits, personal property, and other items, such as earth, oil,
chemicals, water, and dumped materials; and
The ASCON property is believed to harbor hazardous and toxic
industrial waste materials which pose a potential health danger of
unknown magnitude to the entire surrounding community or
neighborhood, which comprises a considerable number of persons, so
as to interfere with the comfortable enjoyment of life and
property by such persons in said community or neighborhood; and
CONEXX OIL CO. , INC. or others intends to commence excavation
and processing of wastes on the property, and thereby intensify
the noxious odors, vapors, fumes, and dust emanating from the
property; and
The City Council finds that such activity and use of the
property should be the subject of intensive study by city
departments and its officials.
NOW, THEREFORE, the City Council of the City of Huntington
1.
Beach does ordain as follows:
SECTION 1. A forty-five ( 45 ) day moritorium on any use of
the property excepting the landfill operation presently in
operation is prohibited. No disturbance, excavation, or removal
of any other material on the property (as described in Exhibit "A"
hereof ) shall be allowed.
SECTION 2. This ordinance is hereby declared to be an
urgency measure for the immediate preservation of the health,
safety, and welfare of the community in the above mentioned area
and until studies are completed and ordinances designed
specifically to protect the environment and population in and
around the above mentioned landfill.
SECTION 3. This ordinance shall take effect immediately and
in accordance with Government Code section 65858, is of no further
force and effect forty-five ( 45 ) days from the date of its
adoption. The City Clerk shall certify to the passage of this
ordinance and shall cause same to be published within fifteen (15 )
days of its adoption in the Huntington Beach Independent, a news-
paper of general circulation.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 19th
day of September , 1983.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Ci Attorney
2.
REVIEWED AND APPROVED: INITIATED AND APPROVED:
r
City Admi—nlstratoLt D velopment Services Director
i
3.
Emergency Ord. No. 2650
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified and acting
City Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the .said City, do hereby certify that the foregoing
ordinance was read to the City Council of the City of Huntington Beach
at a regular meeting thereof held on the 19th day of September
19 83 and was passed and adopted by at least four-fifths (4/5)
affirmative votes of said City Council.
AYES: Councilmen:
Thomas, Kelly, MacAllister, Finley, Bailey, Mandic
NOES: Councilmen:
None
ABSENT: Councilmen:
Pattinson
s s
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
4,4Mtt M. Wentworth CITY CLERK of the City of
4iwtingl:m.. Beach and ex•off cio Clerk of the City
ltiwn , ::3 he eby certify tl,.ai a synopsis of this
arc:naw c he,n -alai-ziie;: is) the Huntington
itr,ar r'a,cr 'i*t,c C:iy Chart.•. c.i said City.
AUCIA M. WENTWORTH
_............ ... .................................. .
• City Clerk
.......
Deputy City Clerk