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Home My WebLink AboutMisc Correspondence related to a proposed change to the Oil0 WILLIAM PAUL BLAIR GERALD T RAY➢ON DAMES PATTERSON YOUNG LAW OFFICES BLAIR & RAYDON 811 WEST SEVENTH STREET LOS ANGELES, CALIFORNIA 90017 627,6594 January 21, 1966. City of Huntington Beach P.O. Box 190 Huntington Beach, Calif. 92648 Mr. Doyle Miller City Administrative Officer Mr. James D. Plunkett City Attorney MAR ...................... �w••b��y"�J CIT'fr GLE1tI� ..._.. Re: PROPOSED OIL CODE Hearing Date: January 25, 1966 Gentlemen: It has come to our attention that the Agenda for the City Council meeting, to be held on January 25, 1966, includes a Public hearing on the proposed Oil Code for the City of Huntington Beach. By this letter we request that this matter be deleted from the Agenda and a study session be scheduled prior to any such Public hearing. You may remember that Mr. Doyle Miller, City Administrator, by his letter of July 27, 1965, advised me that the City would let me know when the date for a study session was to be set and would inform all the Operators regarding its dates of Public hearings. I was not informed by the City of Huntington Beach prior to the Public hearing held in August, 1965. If you will refer to my letter of December 16, 1965, with which I transmitted a proposed revised Oil Code, I requested that we have another study session to review the Oil Operators suggestions. Your records will undoubtedly indicate that I was not advised of the City Council Public hearing to be held on January'25, 1966. I should like to take this opportunity to reiterate the basic fairness that the Operator should expect to be advised and in having its Council advised of any proposed meetings. ...2 BLAIR & RAYDON Please advise me by phone of a convenient date at which we may have a study session to review this proposed revised Code prior to the date set for a Public hearing on the Oil Code. By this letter, I should like to reiterate the intention of the Huntington Beach Oil Operators Association to cooperate with the City toward the enactment of an effective, equitable and realistic ordinance for the regulation of the Oil Industry in Huntington Beach. Very truly yours, r 1 � James Patterson\You Attorney for the Hu Oil Operators' A JPY:cs tington Beach `soc iat ion i cc. Mr. A. C. Marion Huntington Beach Oil Operators Association 18892 Main Street P.O. Box 108 Huntington Beach, California JAN 2 4 `66 PN C E a T C Y F C 7-3 ° ' E Ltl 1 4 ' R D UFY 0� K Ken Kirchmeyer Construction Company 17418 BEACH BLVD • HUNTINGTON BEACH, CALIFORNIA • PHONE 847-2848 DEVELOPERS 'I INCOME PROPERTY Rur> ton &eacA Cibj Cowtci l #unUngton &each , CaJ*nnia i sue; F4-L-E- By " L ` AW...... J19...... Decembea 27,1965 In ae pAence to the new oil code .Gains and hewuncg canuzq up on gantaaluy WdAd) 1966 , I uotdd .Line to exrAea4 a .e6nong appwmv o� .same ad AZ4 i4 ;use14 one Auzg Aa,4- had needed atierriion to WUA ct;&j Pa flMy geaA4. Aeae aae maru# bui ldeae in qua C ghat Id a4 I do , ad buiaeuw we 4pend marug .thous of doVwu on new hound and cent bui ldinrp nod on. y in the cr,n,a&Aw,t vn but in 4uidwcapuag, new 4i4ee d, a °, C ccut64, C.Uy 4Ue� and d eweuay4, al4o rae pact' C.Uy 4weA and uaien fee4 and yet next to many o� Ww4e new but i.rV4 Aene ane expo4ed oi,G a 1, 4, 4ane is openatwn and many ghat have been out 4 we Pa yealt4 , old o i.l iwA4 , 41=44 , weed f i.(.led ZOA , no 4.iderc Adj dzi.veuayj o/L caa64 grad ceA&in4 an eye 4oae ;to out Ciip I uvv.& appnedaie nout conaiderL b:on o� .#he pZlmd-Ag AAied Aecnm,'nel%&-&,orvs a4 Ai4 new o i t code ,c4 be r'ff prun®do /. That Ww o U code MMAV 06,a4to and o�ko i to as puv on a U ." uhene Aelre .Z4 a active oa abandoned u.P U opeaaiion.- 2. That ice oil' code !N!!! re,• On --AL& cer wizi 44deua if 4 and drr i.veugy4 ;to openrat i,vw. j. That .the oil code wine.,• Of�-Ade C.ii# cu46a,44idma.Gfre and Aweuty4 .ura&Ued by the openatons pwi ass aequined by a buUdea u m a new 6uL0jf .c4 cvrzatwcied® 4. Thai the or l code Fenced bi openrzt ad and 4ow'd contlw.G. 5. That the oi..l code ffjwne, All open m to pay the Cdy of #wz4i.r�on Burch a 4e XA and waie<c Ae- Pa ma iAiv once o� al ".. 4wea and watea .Cures at AeheAe pnr,penty as wined now by buddem .en. the C,dy. Veav TM4 ryouv LAW OFFICES BLAIR & RAYDON 811 WEST SEVENTH STREET WILLIAM PAUL BLAIR LOS ANGELES, CALIFORNIA 90017 GERALD T RAYDON 627-6594 JAMES PATTERSON YOUNG December 16, 1965. City of Huntington Beach P.O. Box 190 Huntington Beach California 92648 Mr. Doyle Miller City Administrative Officer Mr. James D. Plunkett City Attorney. Re: PROPOSED OIL CODE ENCLOSED Gentlemen: As you will remember at our study session on September 16, 1965, we agreed to furnish you with a draft of a proposed Oil Code which we feel will comply with the City's objectives and continue to permit the independent operators to remain in business. The enclosed is our suggested Code. When you have reviewed this, I trust we may have another study session to clear up any questions you may have. I should like to point out that we recommend, outside of the Code, that the City employ an Oil Field inspector/ engineer who shall have not less than five (5) years experience in oil field production. Enforcement of the code and inspections called for by the Code could be his responsibility in cooperation with the City Administrative officer. You will notice that much of the wording in the proposed code offered in July, 1965, has been deleted. A careful review of that Code shows that much of its material was designed to give,the County the right to enforce the Code in each of the local cities. Of course, that is not necessary in a municipal Code. In addition, we have attempted to avoid proposing any regulation which might conflict with State Regulation. As you know a local municipal ordinance is subject to attack for invalidity if it attempts to impose additional requirements in a field that is pre-empted by general law: BLAIR & RAYDON a. Calif. Constitution - Art. XI, qll b. In re Moss - 53 Cal 2d 117 c. In re Zorm - 59 Cal 2d 650 d. Abbott v. City of Los Angeles -» 53 Cal 2d 674,682 e. Agnew v. City of Los Angeles - 51 Cal 2d 13 5 f. Tolman v. Underhill 39 Cal 2d 708, 712 g. Pipoly v. Benson w 20 Cal 2d 366, 370 h. Natural Milk Assn. v. San Francisco .. 20 Cal 2d 101, 108 i. In re Lowe - 58 Cal 2d 99 j. Beverly Oil Co. v. City of Los Angeles - 40 Cal 2d 865 k. Sindell v. Smutz A 100 CA 2d 10 1. Trans Oceanic Oil Corp. v. Santa Barbara - 85 CA 2d 776 m. Sovereign Oil Corp. v. Fenton -» 45 CA 2d 412 n. City of So. Pasadena v. City of San Gabriel - 134 CA 2d 403, cert. den. 54 S. Ct. 642, 78 L. Ed. 1465 It would seem from a reading of the foregoing cases that the Code we have proposed will permit you to clean up such surface area as you may wish to clear of deserted property. The Huntington Beach Oil Operators Association will cooperate wholeheartedly toward this end. However, in order to proceed in an orderly manner, we recommend that the City needs to recognize the problems and rights of the independent operators. Very tru Attorney for JPY:cs c.c. Mr. A. C. Marion H. B. Oil Operators Assn. 18892 Main Street P.O. BOX 108, Huntington Beach, California. Mors Assn.