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Home My WebLink About1938-10-28266 MINUTES a City Hall, Huntington Beach, Calif. Friday, October 28th, 1938 I Pursuant to adjournment of October 22d, 1938, the City Council met and was called to order at 4:00 o'clock P.M. by Mayor McCallen. Councilmen present: Morehouse, Chamness, Talbert, Henrickson, McCallen. Councilmen absent: None. Att'y Shadle Attorney Webb Shadle appeared before the City Council on behalf of the State Land Commission relative to proposed Ordinance No. 418 for the regulation and drilling of oil wells in the City of Huntington 3 ' Beach. He was informed by the Mayor that Ordinance No. 418 had been changed and amended somewhat and recommended that Attorney Shadle listen to the s econd reading of the Ordinance. Ordinance #418 - Second reading At this time the City Clerk presented and read, for the second and last time, Ordinance No. 418 entitled: An Ordinance of the City of Huntington Beach, California, declaring and defining an emergency to exist and regulating the application for and the drilling of oil wells within said City of Huntington Beach. Amendments to After the reading of Section c3 of said Ordinance No. 418, Council - Ord. #418 man Henrickson moved that said Section 3 be amended so as to read as follows: Section 3 'Section 3: It shall be unlawful for any person, firm, copartner- a ship or corporation to drill, redrill, deepen, recondition or repair any well, or to erect or rebuild any derrick, the provisions of any other Ordinance of the City of Huntington Beach to the contrary notwithstanding, unless he first make written application to the City Engineer of the City of Huntington Beach, who shall examine and investigate the same and place his endorsement thereon and present to the City Council at the next regu- lar meeting, or adjourned regular meeting, of said City Council. The f City Council shall examine said application and grant or reject the same. Said application shall be accompanied by a plat or map drawn on tracing I linen, or a legible blue print thereof, with a sheet size of 22 inches by , 34 inches, showing on a scale of 1 inch equals 40 feet, showing the location of the proposed operations and the distance from existing oil j wells, boiler plants, tanks and buildings and other structures, highways, streets or alleys, and railroads, within two hundred (200) feet of said proposed location; said application shall also show the depth to which said well is proposed to be drilled, together with a statement and I { designation on the plat or map drawn to a scale of one inch equals 200 feet of where said well will be bottomed, and said plat shall bear a Page 2 - Oct. 28, 1939. the names of the streets, highways, railways, owners and lessees of 2 ` adjacent property or wells, and no permit or license shall be issued a for the drilling, redrilling, deepening, reconditioning or repairing of any well, or the erecting or rebuilding of any derrick, unless the r application and proposal complies with the provisions of this Ordinance." Motion seconded by Councilman Chamness, put and carried by the following vote: AYES: Councilmen: Morehouse, Chamness, Henrickson, Talbert, McCallen. ` NOES: Councilmen: None. ABSENT: Councilmen: None. The Clerk reread Section 3 of Ordinance No. 418 as amended. Amendment to After the reading of Section 4 of said Ordinance No. 418, Council - Section 4, Ord. #418 man Henrickson moved that'Clause c of said Section 4 of said Ordinance No 418 be amended so as to read as follows: "Section 4: Clause c. Within one hundred (100) feet of any now existing oil or gas well or oil or gas well derrick having as it super- structure a wooden derrick or tower regardless of whether said well is a producing or not.11 Motion seconded by Councilman Chamness, put and carried by the following vote: AYES: Councilmen: Morehouse, Chamness, Henrickson, Talbert, McCallen. NOES: Councilmen: None. ABSENT: Councilmen: None. The Clerk reread Section 4 of Ordinance No. 418 as amended. Section 5, After the reading of Section 5 of said Ordinance No. 418, Council- Ord.#418 amended man Henrickson moved that said Section 5 of said Ordinance No. 419, be amended so as to read as follows: "Section : When one or more lots are affected by any distance C. limitation prescribed herein, no permit shall be issued until a written agreement has been executed by the owners or for the benefit of all owners of lots within the affected area, granting to the lots an interest in the royalty'in the nature of a covenant running with the land in direct proportion to the square footage from which they are entitled to a royalty because of such ownership; provided further and also that special permits with special conditions and exceptions may be issued for the express purpose of avoiding any injustice and when the public peace, property, health and safety will not be seriously endangered, and then only by a four -fifths (4/5) vote of the City Council after an open public hearing." Motion seconded by Councilman Chamness, put and carried by the following vote: AYES: Councilmen: Morehouse, Henrickson, Chamness, Talbert, McCallen. NOES: Councilmen: None. ABSENT: Councilmen: None. The Clerk reread Section 5 of Ordinance No. 418 as amended; Section 6, After the reading of Section 6 of said Ordinance No. 418, Councilman Ord. #418 Henrickson moved that said Section 6 of said Ordinance No. 418 be amended so as to read as follows: "Section 6: No permit which may be issued hereunder shall be construed i Page 3 m Minutes Oct.. 28, 1938. as a consent, encouragement, license, grant or a permission by the a City for any drilling or taking of any oil or gas outside of or beyond the perpendicular boundaries prolonged downward of the immediate lot and property from which the said well is drilled, and said City shall not be liable for any damages which may result from or because of any drilling operations, and said applicant and per- mittee shall gnd must hold the City harmless from any and all liabili- ty growinCD g out of the issuing of such permit or any and all operations contemplated or performed thereafter, and any permit or license issued shall be.conditioned upon the execution and delivery by the operator to the City of a written agreement, including a good and sufficient bond whereby, upon request of the City, the said applicant or operator drilling the well at its sole cost and expense shall furnish to the said City an -accurate and satisfactory survey of the said well showing its course as it progresses downward, and the location of the bottom of the -well and all perforated sections of casing and producing zones, and also whereby he, they, or it shall protect and hold the City free and harmless from any and all damages and other payments of whatsoever q nature or kind as might be claimed by any party, individual, corpora- tion, county, state or the United States of America, or any agency of any such party, which may result from or because of any such operations." a Motion seconded by Councilman Chamness, put and carried by the following vote: AYES: Councilmen: Morehouse, Chamness, Henrickson, Talbert, McCallen. NOES: Councilmen: None. ABSENT: Councilmen: None. The Clerk reread Section 6 of Ordinance No. 418 as amended. Ordinance No. 418- On motion by Councilman Henrickson seconded by Councilman Talbert, o passed.-& adopted Ordinance No. 418 was passed and adopted by.the following vote: AYES: Councilmen: Morehouse, Chamness, Talbert, Henrickson, McCallen. NOES: Councilmen: None. , ABSENT: Councilmen: None. Application for per- On motion by Talbert seconded by Morehouse, the application of Star E mit 'v'approved Housemovers for permit to move house on Lots 6 and 7, Block 109 to Lots j 11 and 13, Block 109 was approved. 4 Application- The Clerk read an application for permit by McVicar-Rood to erect referred to City Eng. derrick on Lot 11, Block 122, 17th Street Section. The application was referred to the City Engineer and Building Inspector for his recommendation. E. Errington to On motion by Chamness seconded by Henrickson, the City Attorney I St. Dept. was authorized to prepare a resolution transferring E. Errington from the Police Department to the Street Department as of November 1, 1938 at a salary of $135.00 per month. Float for Armistice The Clerk read a letter from the Joseph Rodman Post asking that Day parade the Council allocate the sum of $50.00 to help defray expense of a ID C Page - Minutes Oct. 28, 1938. z6 i float to be entered in the Armistice Day parade at Orange, and on motion by Morehouse seconded by Chamness, the City Council allocated the sum of r $-0.00 for the above named purpose. K.F.O.X. The Clerk presented renewal of contract from K.F.O.X. The matter was referred to the Beach and Pier Committee for their recommendation. P.T.A. The Clerk read a letter from Mrs. Byrl D. Harper, President of the Parent -Teachers Association recommending that the City Council place n certain playground equipment in Lake Park. The letter was referred to Councilmen Morehouse and McCallen of the Streets and Parks Committee t+ b M C C/ N C for their recommendation and the Clerk was directed to so inform the P.T.A., sending a copy of the letter to Councilmen Morehouse and McCallen. Application On motion by Chamness seconded by Morehouse, the application for license by Star Housemovers was approved. Application On motion by Morehouse seconded by Chamness, the application for license by California Cracker Company was approved. Notice to On motion by Henrickson seconded by Morehouse, the City Engineer oil operators was directed to prepare and have printed the necessary notices and to post and.deliver same to oil operators requiring that the provisions of Ordinance No. 280 as amended be complied with. C.P.Patton Judge C. P. Patton addressed the Council relative to some provision for an increased'allowance to his salary and informed the Council that provisions similar had been made in a number of other cities in Calif- ornia; that the position of city judge in Huntington Beach is a full time one man job and that the present salary is not in proportion to salaries paid other city employees. The Mayor referred the matter to '" the City Council as a committee of the whole together with the City Attorney for his recommendations at next meeting of the City Council. On motion by Henrickson seconded by-Chamness, the City Council .adjourned until 7:30 P.M., Monday October 31st, 1938. City Clerk and ex -off icio Clerk of the Citv Council. AT City'Clerk