HomeMy WebLinkAboutOrdinance #2661 URGENCY
ORDINANCE NO. 2.661.
AN INTERIM ORDINANCE OF THE CITY OF HUNTINGTON
BEACH IMPOSING A TEN MONTH AND 15 DAY EXTENSION
ON THE PRESENT 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
9 Y
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 neighbor-
hood, 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 prop-
erty constitutes a current and immediate threat to the public
health, safety and welfare and should accordingly be the subject of
intensive study by city departments and officials; and
On September 19, 1983, the City Council adopted Urgency Ordi-
nance No. 2650. imposing a 45-day moratorium on such activity; and
Additional time is required to fully examine all aspects of the
above-mentioned activity, which additional time is expressly allowed
in the California Government Code, after notice and public hearing,
pursuant to §65856 thereof ; and
ADL:ps
10/7/83
1.
Ten days prior to the expiration of the interim ordinance, the
City Council shall issue a written report describing the measures
taken to alleviate the conditions which led to the adoption of the
ordinance,
NOW, THEREFORE, the City Council of the City of Huntington
Beach does ordain as follows:
SECTION 1. Pursuant to Government Code §65858 (a) the forty-
five ( 45 ) day moratorium prohibiting any use of the property
excepting the landfill operation presently in operation is hereby
extended for ten ( 10 ) months and fifteen ( 15 ) days. 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 a necessary
measure for the preservation of the health, safety, and welfare of
the community in the above mentioned area and is required until
further 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 upon
the termination of Ordinance No. 2654.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 17th
day of October 1983.
Mayor
ATTEST: APPROVED AS TO FORM•
City Clerk City t ey
REVIE ED AND A ROVED INITIATZD ND PROV D:
tingCity Administrator Director of Developme
Services
2.
Emergency Ord. No. 2661
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 17th day of October
19 83 , and was passed and adopted by at least four-fifths (4/5)
affirmative votes of said City Council.
AYES: Councilmen:
a t'Ptinon s Kell MacAllister, F'1 er role i
Y
Bale Mandic
� Y Y
I NO
ES:S o C uncilmen:
None
ABSENT: Councilmen:
Thomas
• y
t �Ci�C✓�`^/�li:""`^mow y�f�
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
1, Alicia M. Wentworth CITY CLERK of the City of
Huntingtz)n Beach and ex-offl6o Clerk of the City
Counci:, do he+eby certlLy that a synopsis of this
ordinance 'ras been published ih the Huntington
Beach U:'e^e- 'r•='. on
x.7 � . 3..
in accor lance Frith the City Charts, of s:.,d Cay.
ALICIA M. WENTWORTA
........._..................................................................................
City Clerk
........................J...P!7.00/7 ......�* .-Deputy City Clark