HomeMy WebLinkAboutOrdinance #2727 U OR
ORDINANCE NO. 2727
AN INTERIM ORDINANCE OF THE CITY OF
HUNTINGTON BEACH IMPOSING A ONE YEAR
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 nuisance; and
CONEXX OIL CO. , INC. , was and is a lessee or licensee
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of the property, with a possessory interest therein, including
the right to enter onto the property and extract, process, and
i
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
CONNEXX 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 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
1.
On September 19, 1983, the City Council adopted
Urgency Ordinance No. 2650 imposing a 45-day moratorium on such
activity; and
On October 17, 1983, extended the moratorium for ten
(10) months and fifteen ( 15) days pursuant to Government Code
§65858 (a) .
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
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 which was extended by
Ordinance No. 2661 - prohibiting any use of the property
excepting the landfill operation presently in operation is
hereby extended for one ( 1) year. 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 enviroment and population
in and around the above mentioned landfill.
2 .
SECTION 3 . This ordinance shall take effect
immediately upon the termination of Ordinance No. 2661.
PASSED AND ADOPTED by the City Council of the City of
i
Huntington Beach at a regular meeting thereof held on
the 4th day of SeEtember__ , 198 84.
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ATTEST: APP OVgD AS TO F
-------City Clerk --------- Cit ttorn g--3 -
REVIEWE D A O ED: INITIATED AND APPROVED:
-City Adminis for i c or o Development Services
3 .
Emergency Ord. No. 2727
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF HUNTINGTON BEACH )
I, AL'ICIA 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 4th day of September
19 84 , and was passed and adopted by at least four-fifths (4/5)
affirmative votes of said City Council.
AYES: Councilmen:
Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey
NOES: Councilmen:
None
ABSENT: Councilmen:
Mandic
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
1. A M M. WenNir,�%CjTy C1 ARK tsf tha City of
HtW*000ft $each and ex-a ticb CjWk of go City
£Qwsc. o do +tardy certify that a s*nopa�is p#tt s
orc e•�. +��s Chen puxfst>Qci In tag Munk gton
Re:aCi► 1n+fMM.*nt on
t; i C(ty Chas tom-Gt sa ci City.
ALiCtA M. WEWTWORTH
City,Gierk
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