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HomeMy WebLinkAboutCity Council - 5051 RESOLUTION N0. 5051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING AN APPROPRIATION FROM THE GENERAL FUND TO CONDUCT A WORKSHOP FOR OIL AND GAS DISCOVERY EXTRACTION STUDY WHEREAS, the California Division of Oil and Gas has recog- nized the innovative studies produced by this city with respect to preserving surface access to underground oil reserves ; and The Division of Oil and Gas has offered to furnish techni- cal assistance to the city and help the city in conducting a statewide workshop; and The amount required for such workshop is $3,900, to be reimbursed to city by the California Division of Oil and Gas under the terms of the attached agreement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that it does hereby authorize the City Administrator to execute in the name of the City of Huntington Beach all necessary applications, contracts , and agreements and amendments thereto to implement and conduct a statewide workshop as specified in the agreement, a copy of which is attached hereto and by this reference made a part hereof as though set forth in full herein. BE IT FURTHER RESOLVED that an appropriation of $3, 900 is hereby authorized to be made from the general fund to study means of preserving surface access to subsurface petroleum resources in urban areas , such appropriation to be reimbursed to city by the California Division of Oil and Gas . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of November 1981. ahb 11/4/81 1. • Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED : INITIATED AND APPROVED: City Adm nistr or irec or om Development Services 2. r— APPROVEE BY THE CONTRACTOR 57ANID RD AGREEMENT ATTORNEY GENERAL � STATE AGENCY 3 TATE OF.CALI FORNIA ❑ DEP T. Ofi UEN. SER> STD. 2. IREV. 1 1/75) - - CONTROLLER THIS AGREEMENT, made and entered into this_1st day of November , 19 81 to State of California, by and between State of California, through its duly elected or appointed, ❑ ified and acting ❑ T11W OF OFFICER A CTfNG FOR STATE - AGENCY NUMBER Director of Conservation Department of Conservation 2-44 hereafter called the State, and City of Huntington Beach hereafter called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials, as follows: (Set forth service to be rendered by Contractor,amount to be paid Contractor,time for performance or completion,and attach plans and specifications,if any.) Under the terms and conditions contained in this agreement, the Division of Oil and Gas agrees to provide a prorated share of labor and material expenses to Contractor for pre- nariinry and cc-n e,cting a workshop to M plement Strategies to protect and. preserve urban: petroleum resource surface areas and surface access. The following documents are hereby incorporated and made a part of this agreement by reference. Exhibit A, consisting of two (2) sheets, -entitled General Provisions Exhibit B, consisting of two (2) sheets, entitled Work Program Exhibit C, consisting of one (1) sheet, entitled Work Schedule Exhibit D, consisting of one (1) sheet, entitled Expenditure Schedule ki total amount payable to Contractor shall not exceed $3,900.00, including all applicable to and local sales and use-taxes. s agreement shall be effective from November 1, 1981 through March 31, 1982. The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. STATE OF CALIFORNIA CONTRACTOR AGENCY CONTRACTOR (IF OTHER THAN AN. INDIVIDUAL, STATE WHETHER A CORPOrIATION PARTNERSHIP, ETC.) Departme71" Conservation BY (AUTHORIZED IG URE) BY (W ORIZE S AT • � /'may° -. TITLE Ken i.ZorrO ale. TITLE Fiscal Officer Y ) MINtSTP_A- 2 . ADDRESS •� py !CONTINUED ON 7 SHEETS, EACH BEARING NAME OF CONTRACTOR) 2� &,*IA) 5T [,WAJT1A)�`Vu H !`1.I/J' Department of General Services AMOUNT ENCUMBERED APPROPRIATION FUND Use ONLY 3,900.00 Support General UNENCUMBERED BALANCEITEM CHAPTER STATUTES .FISCAL YEAR 348 b 99 1981 1981-32 ADJ. INCREASING ENCUMBRANCE FUNCTION General Operations ADJ. DECREASING ENCUMBRANCE LINE ITEM ALLOTMENT 2-10-228-1 2 I hereby certify upon my own personal knowledge that budgeted fund T.B.A. NO. B.R. NO. are available for the period and purpose of the expenditure stated above. SIGNAT E OF ACCOUNTING OFFICER DATE ►a.�-fir 1 hereby cerflfy that conditions for exemtitian set forth in State Administrative.Manuol Section 1?w? have 1een,coml lie with and this ( Innent is exempt from review by the Deportment of hinonce. SIGNATURE 0, ICER SIGNING ON/tj.EHA OF THE AGENCY DATE CITY OFF HUNTINGTON BLACII{ EXHIBIT A General Provisions A. This agreement is sponsored by the City of Huntington Beach, California, as a cooperative projeet between that city and the Division of Oil and Gas, Department of Conservation, State of California, to study ways in which surface access to subsurface petroleum resource may retained in urban areas, to explore various methods that are legally available to local government to set aside suitable sites for oil operations within larger tracts of urban land, and to co-host a workshop session to be attended by invited representatives from oil-producing cities or counties in Southern California. B. The following standard provisions, the Exhibits and attachments incorporated thereby and changes thereto, are essential, complimentary, and describe and provide for completion of this agreement. I. Contractor agrees to indemnify, defend, and save harmless the State,' its officers, agents, and employees from any and all 'claims and losses accruing or resulting to any and all contractors, sub- contractors, materialmen, laborers, and any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by the Contractor in the performance of this contract. 2. Contractor, and the agents and employees of Contractor, in the per- formance of this agreement, shall act in an independent capacity and not as officers or employees or agents of State of California. 3. State may terminate this agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein pro- vided. In the event of such termination, the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due the Contractor under this agreement, and the balance, if any, shall be paid the Contractor upon demand. 4. Without the written consent of the State, this agreement is not assignable by Contractor either in whole or in part.' S. Time is the essence of this agreement. 6. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. 7. The consideration to be paid Contractor shall be in compensation for the State}s share of expenses incurred in the performance of this agreement as prescribed and provided herein. CITY OF 11UNTINGTON BCAC11 -2- 8. As used herein, the term "CD(G" means the Division of Oil and Gas. The term "City" means the City of Huntington Beach. 9. CDOG's representative shall be Elbert R. Wilkinson. Both City and CDOG representatives are hereafter referred to as Project Officer. Ia. With the consent of both parties, this agreement may be amended or modified at any time. Either party may cancel this agreement by issuing the other at least IS days' written notice of intent to terminate. 11. Necessary modifications or changes to the Work Program and Work Schedule, Exhibits S and C, which do not alter or detract project objectives,"affect expenditures, or extend the final completion date of this agreement, may be resolved, approved, and executed by mutual consent of both City and CDOG Project Officers. A copy of any amendment to those Exhibits shall be forwarded to each party of this agreement for attachment thereto. 12. City shall not be entitled to payments for any work done prior to the commencement date of the agreement or for any services or materials other than that chargeable to CDOG as described in Exhibit D. In the event any portion of the work project is cancelled, CDOG agrees to reimburse City for actual chargeable costs incurred up to the date of termination. 13. City may elect to receive progress payments provided the billing is submitted not more often than once a month, in arrears, and in accor- dance with tasks and amounts referenced in Exhibits B, C, and D as follows; Task No. 4.1, $1,000.00; Task Na. 5.3, $1,350.00 Task No. 5.5, balance of actual amount of total expenditures due City not to exceed $1,SS0.00. 14. Upon completion of all work in a satisfactory manner, and upon presen- tation of an itemized invoice(s) or statement(s)`, in triplicate, CDOG shall pay City for the actual cost of performance according to the pro rata assessment of charges given in Exhibit D. The invoice(s) or statement(s) shall be submitted to Division of Oil and Gas, 1416 9th • Street, Room 1310, Sacramento, California 95814. I5. The provisions of the attached Fair Employment Practices Addendum are made a part of this agreement by reference. 16. This agreement shall be null and void unless and until City provides and attaches hereto a copy of its resolution, order •or other lawful document approving execution of the agreement. 17. The final workshop proceedings report shall be accompanied by appro- priate recommendations for adopting or changing governmental juris- diction policies, and model ordinances or regulations which would serve to limit, prevent, or rectify existing or future urban area development encroachments and access barriers to petroleum resource ` surface areas and production sites. CITY OF HUNT I NGTON BEAC!I EXHIBIT B Work Program Tasks 1 .0 Map parameters of the oil resource and surface needs for future recovery. 1.1 Identify oil zones in this area including their depth and charac- teristics; map representative cross-section. 1.2 Map areal extent of various zones. 1.2a (optional) Estimate remaining recoverable reserves. 1.3 Estimate approximate horizontal reach directional drilling to different zones, accounting for depth, oil characteristics, and likely recovery methods, 1.4 Determine number of sites necessary for future waterfloods or FOR projects; determine approximate distribution of such sites in the study area. 2.0 Map surface constraints limiting areas from future oil sites. 2.1 Map areas of steep slopes. 2.2 Map proposed roads and other public facilities. 2.3 Map existing development, including existing oil sites; and existing leases and ownership patterns. 2.4 Map proposed trails and recreation areas, 3.0 Compare area constraints to project needs. 3. 1 Map surface constraints versus surface needs; establish a set of possible future oil site distributions, which if preserved, would protect surface areas for future oil recovery. 4.4 Analyze regulatory options for preserving surface sites, 4.1 Determine a list of regulatory land-use options, including cluding the following: designate sites "resource production" .in general plan; zone sites for ail extraction; use of eminent domain, tax abatement strategies for limiting uses on sites, transfer of development credits from oil sites to other parts of the plan area. 4.2 Analyze each option on the following critieria: technical feasi- bility, legal constraints, fiscal, impacts on the City, economic impacts on property owners, other goals of the specific plan, community sentiment and policy considerations, -" mplem4ntability" and administrative costs. _2_ 4 .3 Recommend an option to Planning Commission for incorporation into specific plans. S.0 Conduct a workshop for other jurisdictions on this issue, using Huntington Beach experience as a case study. 5.1 Prepare a workshop program to include the following topics: the problem of preserving surface areas for future oil recovery in urban areas, role of the local government and regulatory options, the Huntington Beach experience as a case study. 5.2 Invite speakers and assign► topics, prepare visual aids and printed hand-outs. 5.3 Invite participants. 5.4 [told one-day workshop in Huntington Beach; format will include presentations, lunch,and discussion groups 5.5 Write and distribute "proceedings" of the workshop. i AM EXHIBIT C Work Schedule 1981 _ Time Schedule 1982� Task Product Provider Aug. Sept. Oct. Nov. Dec. Jan. Feb. Par. 1.1 Identify zones CDOG X X X 1 .2 Areal extent of zones CDOG X X X 1.3 Drilling radii CDOG X X X 1.4 Number, location of sites CDOG X X X 2.1 Map slopes City X X X 2.2 Map roads City X X X 2.3 Map existing developments City X X X 2.4 Map trails and recreation areas City X X X 3.1 Site distribution options City X X 4.1 List regulatory options CDOG and City X X X X -- 4.2 Analyze options CDOG and City X X X X 4 3, Recommend to Commission City X X S-.1 Prepare workshop program CDOG and City X X X X X S.2 Prepare workshop materials CDOG and City X X X X X 5.3 Invite participants CDOG and City X X 5.4 Workshop CDOG and City X X S.S Nlz._;.;= proceedings CDOG and City X X Tit' �E ws � 1 EXHIBIT D Expenditure Schedule Cost Estimates and Contributor Labor Materials Task Product CDOG City CDOG City Extension 1_.1 Caress sections 1.2 Areal map of oil zones 1.3 Drilling radii 1.4 Distribution of sites 2.1 Composite constraints map (topographical) $3,000ak $5,0000 8,000 thru 2.4 3.1 Set of surface site options Soo Soo 4.1 Report can options and analysis of each $1,000 1,000 2,000 thru 4.2 4.3 Staff report and presentation to Commission 500 Soo S.1 Workshop: 1,7SO thru 5.4 General expenses 1,000 Room rental 200 t Lunch catering 200 Visual aids $100 Printing 200 Postage 50 S.S Proceedings: 1,850 Printing l;S00 300t Postage so i Total pro rata casts: $3,500 $400 $ 3,900 $5,000 $5,700 10,700 Total estimated costs: $14,600 4 -NeSd &M 4tMAS :wtu:r.�. -ice C��,,y k+wr .�.t� ► - e+� w PEWS, "bi "11,UX"M Se� .- ,,►+ _ �. � COOA;b"X" eta` pro it CITY ©i` HUNTINGTON BEACH FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this contract, the Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, ancestry,sex*,age*.national origin, or physical handicap*. The Contractor will tame affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race,color,religion,ancestry,sex*,age*,national origin,or physical handicap*. Such action shall include, but not be limited to, the following: employment,upgrading, demotion or transfer; recruitment or recruitment advertising,layoff or termination;rates of pay or other forms of Compen- sation; and selection for training,including apprenticeship. The Contractor shalt post in conspicuous places, avail- able to employees and applicants for employment,notices to be provided by the State setting forth the provisions of this fair Employment Practices section. 2. The Contractor wilt permit access to his/her records of employment, employment advertisements; applica- tion forms, and other pertinent data and records by the State Fair Employment Practices Commission, or any other agency of the State of California designated by the awarding authority, for the purpose of investigation to ascertain compliance with the Fair Employment Practices section of this contract. 3. Remedies for Willful Violation: (a) The State may determine a willful violation of the Fair Employment Practices provision to have occurred upon receipt of a final judgement having that effect from a court in an action to which Contractor was a party, or upon receipt of a written notice from the Fair Employment Practices Commission that it has investigated and determined that the Contractor has violated the Fair.Employ went Practices Act and has issued an order, under Labor Code Section 1425,which has become final. or obtained an injunction under Labor Code Section 1429 tba For willful violation of this Fair Employment Practices provision, the State shalt have the right to terminate this contract either in whale or in part, and any loss or damage sustained by the State in securing the goods or services hereunder shall be borne and paid for by the Contractor and by his/her surety under the performance bond, if any, and the State may deduct from any moneys due or that thereafter may become due to the Contractor, the difference between the price named in the contract and the actual cost thereof to the State. *See Labor Grade Sections 1411 -1422.5 for further details, ass Res. No. 5051 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 16th day of November 19 81 by the following vote: AYES: Councilmen: MacAllister, Thomas, Pattinson, Finley, Bailey, Mandic, Kelly NOES: Councilmen: None ABSENT: Councilmen: None J� • City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California