Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Oil: Miscellaneous #1 1965 - 1978
Y � t i, } }Y•� ',. - :fir .ly` ^L KP _ _ _ON ANY l) tjJi�}�i��l�iLi lJ: r��' � �.Tl-L' �� U'i "�_ �'1i�Clr'•' . B�',A Ch ..'��.., :'�Iii�'7.;1 .'i L'�L.�i ?9',.7 rO -11^ DijiLL i..'1 C151 C;1L .: 'LLS? �'jE :'IGI� - l THEREOFA''JulL:✓wC_.k.-i1NG AN TO G.L.L.J_ i T lii•.r;: ,�_•�•.. SECT._ 1lJT1i5 2423 and 2 ' L; --kTiD ADDII\'.r SEC I- iNS 21+22.21� 2429 242 2 29.2 242E._? i 2429. 7 ; "; 2429. ��' 2-t . , 2429.61 2429.62 ) 2429,r J 242G. /34 2429.�, , 2429.r) � 242c;.F' 2429 68, 22+29 . �, 21+2 2' 2;+.71 2429. 7�2 04`9. 73, F� AiD 24%y. 74 T SAIli CODE. :.r ;=j Vi -iEREAS , new discoveries a` oil h?ve �cnr•rly been f made within tile ca- t 1 limits of City of Huntington Beach 'n a ,esi dentj-a1 area any: cc::t:ii;uous to theb_).si- r_ess d4 strict-. ; and _ ti+ derri c cs ; equinrr:e?_'t , a:ot.o+•s -and heavy machin- A; f ery and < :I.?. st•ora e `.antis are nowlocated adjacent to or near dwe i ` n s; and ,Y 'REAS , LV 1S necessary nr fi'r•r' ;nrotect-lon GZ the health, safety and ^era!- w-:-,-'fare;of :ini.atbi Cants of }.he < r�vt Cil t y of "ur-,tt-ngt.on C.i to a•1opt e u1 a?Lobs Pgardi" � "4�$ the dr.illin'-,#"Eof oi.l wells and sto-ra7e of oil within said city in order to e;re a.det�,,ately protect the health, safety and welfare of its ir.O.a. tams; and .Y•'r. r S EAS, i_t s i:ecessa.»y- t:a— s'u regula+_ons as set forte in the s cr.dir�a" G be ef; ective 1171rret.z- tely: ' NOW TrE :EFOaI.u, irk c cn s ide r a t on of nd. by the above preamble and s tea.;ei.ient , the City Council cf the City of runtinaton Beac ! dec and cefi.nes that an emergeficy exists necessitating i=,t?P fv !. 4Lv"i.r-!= orclina2 ce for the im-r Ord.#626 with the approval of the i :-e Chief may be the direct fired type heater. Section 23: That a new sect."-on be and the same is hereby added to the :'Tunt-ington Crodlnance Code , designated as Section 21+29.74. Section. 24,:.�9.74. -cater Locat.-LOYI. Nio part of the heater shall be closer "'Qan 25 _f-,E�t to any L-larik or to the center of the well hole or closer than: feet to any house or any other type of structure , providing i.;Ia' if the heater is heat 'n- all have a vent ex- closer to a. h(.:-,_�se or LI- heater s. tending 2411 hilghcr I"cian eu.-, -! e of h lf*e roof o said 'Clouse or ZD building adjacent to said heater. Section 24: SEVi,_-rIAP5ILITY. If an. prov-., slcjn of this ordinance or the ar,-lication t',--ereof to any r-rson or circum- stance is held invalid, suc'ri invalid- tIT -I sriall not affect other Provisions or aili_�iications of t.'e-le ordinance which can be. given effect ...Yithout r'e inv?-lid Provistons, or applica 'k-.icn, and to t',-.is end the ---Irovis-ion o+ this ordinance are declared to be severable. . 4 Sect]-on 25: This o,-di' t)ance, be_Lr,,,, an emergency measure for the iminediale Pres,-:rvatJ' c)n ol the nublic peace , property, health and safety, which emergency is set forth and defined in the preamble hereto, steal-L take ef';-'ect and be in force from and after t'_ r:assakge arid ado-ntiori he !-e(bf'. Section 26: 1"hat the City Clerk shall certify to the passa,c,-e and adoption o-," this ordinance and shall cat).se the same to be published ny one insertion in the _H:u_nt-Lngton Bt.ach News a weekly newspaper, printed , pi!blish.ed and circulated in , - n !3eacha"I a. the City of Huntington. 10 rs - Ord.#626 ri ; PASSED A;;D ADOPTM by the City Council of the City of Huntington Beach, California, this 31stday of may 1955. / Iayor ATTEST: City C1erk i r ..ILI. -.ram _:t. .y. .. Ord. No. 626 STATE OF CALIFORNIA ) Coun -y of Orange ) ss City of Huntington Beach ) I, J' L. HENRICKSENI ;:he duly elected, qualified and acting C erk of the City,of,'h',.�nf ington Beach and ex-of- ficio Cle.x of the City Ana'il q.�. said City, do hereby certi- by that the whole number of members of the City Co7mcil of the City of I-_ur.tington 3 -ach is five; t.^at the fore-going ord- inance was read to said City Council at a regular meeting thereof held on the 16t h day of May , �955, and was again read to said City Council at a regular meeting thereof held on the 31st day of t�iav , 19��, and was • passed and adopted as an emergency measure by a four fifths vote of said City Council as fo.loses: AYES: COUNCILMEN: 3ar%L o cke tt, , LeBa:--� , Terre , eaibridge J NOES: : CILi,�:EN: None ABSENT t .:vJNC1LMEi,,`: None ity Clerk and ex-officio Clerk of the City :olancil of Ehe City of Hun+.in_a--%n :�eacri , Ca.li f'ornia . ,211:Z7..::�3. '00"� 11 dr �s �IT s � UNIT AGREEMENT for the (ONES SAND ZONE and STRAY SAND ZONE HUNTINGTON AVENUE AREA OF THE HUNTINGTON BEACH OIL FIELD ORANGE COUNTY, CALIFORNIA }, UNIT AGREEMENT for the JONES SAND ZONE and STRAY SAND ZONE HUNTINGTON AVENUE AREA OF THE HUNTINGTON BEACH OIL FIELD ORANGE COUNTY, CALIFORNIA TABLE OF CONTENTS Page RECITALS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 1 DEFINITIONS Section 1. 1 Committed Tract. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 .2 Eligible Lands. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1. 3 Non-Committed Tract. . . . . . . . . . . . . . . . . . . . . . . . 2 1. 4 Option Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 + 1.5 Option Interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.6 Optionor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.7 Outside Substances. . . . . . . . . . . . . . . . . . . . . . . . . 2 1. 8 Royalty Interest. . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.9 Tract. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1. 10 Tract Participation. . . . . . . . . . . . . . . . . . . . . . . . 2 1. 11 Unit Area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1. 12 Unitized Formations. . . . . . . . . . . . . . . . . . . . . . . . 2 1. 13 Unit Operator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. 14 Unit Participation. . . . . . . . . . . . . . . . . ... . . . . . . 3 1. 15 Unitized Substances. . . . . . . . . . . . . . . . . . . . . . . . 3 1. 16 Working Interest. . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 2 EXHIBITS 2 . 1 Exhibits. 3 2. 1. 1 Exhibit "A;,. . . . . . . . . . . . . . . . . . . . . . . 3 2. 1.2 Exhibit "B.. . . . . . . . . . . . . 6 . . . . . . . . . . 3 i r� y s ATTEST: APPROVED AS TO FORM: DON .P . B NFA, Ci y AAttoey J/.o By City Clerk �fss Stan City to ney 2. • ' Ot... No. 1846 f STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly appointed, qualified 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 whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 21st day of May 19 73 and was again read to said City Council at a regular meeting thereof held on the 4 th day of June 19 73 . and was passed and adopted by the affirmative vote of more than a majority of all the members of said.City Council. AYES: Councilmen: Shipley. Bartlett, Gibbs , Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None ity Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California April 27 , 1973 To : City Council From: City Attorney Subject : Oil Division Permit Fees At the request of the Director of Building and Community Development and the City Administrator, we transmit resolution determining and setting the fee schedule of permits and the conditions of payment thereof of the Oil Division, pursuant to Section 2311 .7 of the Huntington Beach Ordinance Code , for the coming 1973-74 fiscal year. Respectfully submitted, DON P. BONFA City Attorney /er Attachment A CITY OF HUNTINGTON BEACH COUNCIL-ADMINISTRATOR COMMUNICATION CA 73-60 HUNTINGTON BEACH To Honorable Mayor and From City Administrator City Council Members Subject OIL PERMIT FEES Date May 14 , 1973 4 (Resolution 3679) At the May 7 , 1973 City Council meeting Resolution #3679 was removed from the Agenda to allow further consideration of the proposal as well as to amend some of the wording to reflect the present organization and the inclusion of the oil field control function into the Department of Building and Community Development. This matter has now been reviewed and is being resubmitted to the City Council for approval. RECOMMENDATION: Approve Resolution #3679 determining the fee schedule of permits required by the Huntington Beach Oil Code and setting conditions of payment thereof. Respectfully submitted, Z' e • �4 David . Rowlands City Administrator DDR/gbs I :y s3 R& . a 7a ,~ d9Z 7 RESOLUTION NO. 3619 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUN.TINGTON BEACH DETERMINING FEE SCHEDULE. OF .PERMITS REQUIRED BY HUNTINGTON BEACH_ OIL . CODE AND SETTING CONDITIONS OF PAYMENT THEREOF WHEREAS, the City Council of the City of 'Huntington. Beach, pursuant to Article 231 of the Huntington Beach- Ordinance Code, is required to set a- fee schedule prior to July 1 of each year for the permits requiredby. such : code,. said schedule _.to be based upon the projected administrative and legal- cos-ts of administering and enforcing the Huntington Beach Oil Code and all provisions relating to oil operations in the- City of Huntington Beach. NOW, THEREFORE, .the City„Council of .th`e, Ci.ty. of Huntington Beach does hereby resolve to and does set the following fees and conditions for permits effective July 1, 1973 and continu ing to and including June 30, 1974 . A. FEES . 1 . Drilling or redri.11ing permit $100. 00 per well must be paid upon application. 2, Annual inspection permit $50 . 00. per well 3. Waste water permit $30 . 00 per well Term. January 1, 1974. through. December ,31; 1974 4 Oil field recovery heater permit $100. 00 per well must be paid upon application. B. CONDITIONS 1 . Payment of the above fees is a condition to the issuance of each permit . \ 2 . The aforementioned fees shall be paid to the 1 . . Department of Finance for allocation to the city 's general fund. 3. The annual inspection permit shall be considered a permit to operate for one year commencing July 1, 1973. Such fee shall be due and payable on July 1, 1973 and shall be de- linquent on August 1, 1973 . For any new wells drilled after the commencement of the fiscal year, the fee shall be prorated. 4 . Waste water permit fee shall be due and payable annually on the first day of January of each year, and shall be delinquent on January 31 of each year. 5 . When collected, the above fees shall be paid to the general fund of the City of Huntington Beach, and no fees shall be refundable . 6 . This resolution does not, supersede Resolution No. 3495, which shall remain in full force and be effective until June 30, 1973 inclusive . PASSED' AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ' 21s.t day of May , 1973 . I L� Vlt,_a Mayor Ulf ATTEST: APPROVED AS TO FORM: City Clerk City Attorne 2 . Reb. No. 3679 STA'1'I: OF CAI,IFORN1A ) COUNTY OF ORANCI? ) SS: CITY OF 111 M'I NCTON I, ALICIA M. WENTWORTH, the duly appointed, 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 2 is t day of May 19_22_, by the following vote: AYES: Councilmen: Shipley, Bartlett , Gibbs , Green, nuke, Matney NOES: Councilmen: None ABSENT: Councilmen: Coen City Clerk and ex-officio Clerk of the City Council of .the City of Huntington Beach, California IV 11 May 1971 TO: City Council FROM City Attorney SUBJECT: Amendment of Article 968 and Article 973, Huntington Beach Ordinance Code As directed by Council, we transmit herewith a proposed ordinance adding Sections 9685 . 5 9685 . 6, 9685 .7, 9685 .8 and 9780 .15 .1 to Article 968 and Article 973 , pertaining to permits for new wells located on 1101" parcels . Respectfully submitted, DON P. BONF City Attor e DPB :WM: lm Attachment i d.. R MEMORANDUM TO: MAYOR GEORGE C. MCCRACKEN FROM: PAUL C. JONES, City Clerk DATE: JUNE 21, 1971 SUBJECT: PUBLIC HEARING - ORDINANCE 1653 The City Attorney's Office has recommended that the procedure to follow in this public hearing is to open said hearing and continue it immediately without Dhearing any testimony in regard thereto . If you propose to follow this procedure, I recommend that you take this hearing out of order and .place it at the beginning of public hearings . CC: Attorneys Department City A"dministrator �T May 19, 1971 Board of Supervisors County of Orange 515 No. Sycamore Santa Ana, CA 92701 Gentlemen: The Hunt ingt cn Beach City Council at their regular meeting held May 17, 1971, passed and adopted Resolution No . 3327, requesting the State Legislature to enact statutes which would provide for the in- voluntary termination of unproductive oil leases and release of surface rights to the fee owners . We are transmitting a copy of said Resolution for your information. Sincerely yours., Paul C. Jones City Clerk PCJ: pm Enclosure t t May 19 1971 Mr. Winston Updegraff -615-A Ramona Ave'nue ta,guria Reach, CAlifornia 92651 Dear Mr. Updegraff: The Huntington Beach City Council at their regular meeting held May 17., 1971, passed and adopted Resolution No. 3327, requesting the State Legis- ❑ lature to enact statutes which would provide for the involuntary termination of unproductive oil leases and release of surface rights to the fee owners . We are transmitting a copy of Resolution No. 3327 and urge your support in the enactment of said leg iblat ion. Sincerely yours., Paul C. Jones City Clerk PCB`,: pm Enclosure I / May 19, 1971 Teague of California Cities Hotel Claremont Berkeley, California 94705 ` ' Attention: Richard Carpenter Gentlemen: The Huntington Beach City Council at their regular meeting held May 17, 1971, passed and adopted ❑ Resolution No. 3327, requesting the State Legis- lature to enact statutes which would provide for the involuntary termination of unproductive oil leases" and r4:ease of surface rights to the fee owne rs . Y We are: transmitting a copy of Resolution No. 3`327 and urge your support in the enactment of said legislation. Sincerely yours, Paul C. Jones City Clerk PCJ: pm Enclosure May 19$ 1971 . ,. Honorable Kenneth Cory California State Assembly Assembly Post Office w Sacraniento, CA 95801 .zit Dear Assemblyman Cory: The Huntington Beach City Council at their regular meeting held May 17, 1971, passed and adopted' ❑ Resolution No. 3327, requesting the State Legis- lature to enact statutes which would provide for the involuntary termination of unproductive oil, leases and release of surface rights to the fee owners . s i We are transmitting a copy of Resolution No. 3327 and urge your support in the enactment of said legislation. Sincerely yours, Paul C. Jones City Clerk PCJ: pm i Enclosure May 19, 1971 The Honorable Robert H. Burke California State Assembly Assembly Post Office Sacramento, CA 95801 Dear Assmeblyman Burket The Huntington Beach City Council at their regular meeting held May 17., 1971, passed and adopted Resolution No. 3327., requesting the State LegIs- lature to en-act statutes which would provide for the involuntary termination of unproductive oil leases and release of surface- rights to the fee ovine rs". We are transmitting a copy of Resolution No. 3327 and urge your support in the enactment of sai-d ", legislation. Sincerely yours, Paul C4 Jones City Clark PCJI pm Enclosure r; May 19, 1971 The Honorable Dennis Carpenter California State Senate Senate Post Office Sacramento, CA 95801 Dear Senator Carpenter: The Huntington Beach City ;G�uncil at their regular meeting held May 17, 1971,--Passed and adopted Re's o luit ion NO. 3327, requesting the State lature to enact statutes. which would provide for the involuntary termination of unproductive oil leases. and release of surface rights to the fee owners We are transmitting a copy of Reso-lution No. 3327 and urge your support in the enactment of said legislation Sincerely yours,, Paul C.. Jones City Clerk PCJ: pm Enclosure i May 199 1971 The Honorable James E. The tmore California State Senate Senate Post Office Sacramento, CA 95801 Dear Senator Whetmore: The Huntington Beach City Council at their regular meeting held May 17, 1971, passed and adopted Resolution No. 3327, requesting the State Legis- lature to enact statutes which would provide for ❑ the involuntary termination of unproductive oil leases and release of surface rights to the fee owners . Tate; are transmitting .a copy of .Resolution Noe 3327 and urge your support in the Pln actment of said legislation. Sincerely yours,, Paul C. Jones City Clerk PCJ: pm Enclosure May 17, 1971 The Honorable Mayor and Clay* Council City of Torrance 3031 -Torrance Boulevard Torrance, CA 90503 Attention: City Clerk Gentlemen- The Huntington Beach City council at their regular meeting held May 17, 1971, Passed and adopted Resolution No . 3327, requesting the State Legis- lature to enact statutes which would provide for the involuntary termination of unproductive oil leases and release of surface rights to the fee owners . `ate are, transmitting a copy of said Resolution for'' your in f6i t ion. Y. Since re1Y, yours, Paul '0.. Janes City Clerk PCB: pi, Enclosure May 19 1971 1 ti Honorable Mayor and City Council City of Beverly Hills 450 North Crescent Drive Beverly Hills$ CA 90210 Attention: City Clerk Gentlemen: The Huntington Beach City Council at their regular meeting head May 17., 1971, passed and adopted D Resolution No. 3327, requesting the State Legis- lature to enact statutes which would provide for the involuntary termination of unproductive oil ,leases and release of surface rights to the fee ... owners , We arp'ftranamitting a copy of- said Resolution for your ,. ormation. Sincerely yours, Paul. C. Jones City Clerk PCJ g pm Enclosure May 199 1971 1 Honorable Mayor and City Council City of Los Ange le s 200 North Spring street Los Angeles$ CA 90012 Attention: City Clerk Gentle men.- `f`he Huntington Beach City Council at their regular meeting held May 17, 1971, passed and adopted Resolution No. 3327, requesting the State Legis- lature to enact statutes which would provide for the involuntary termination of unproductive oil leases and release of surface rights to the fee owners. We are transmitting a copy of said Resolution for your information. Sincerely yours, Paul C. Jones City Clerk PCJ pm Enclosure May 19, 1971 Honorable Mayor and City Council City of Long Beach 205 tie s t Broadway Long Beach, CA 90802 Attention: City Clerk Gentlemen.- The Huntington Beach City Council at their regular meeting held May 17, 1971s passed and adopted Resolution No. 3327, requesting the State Legis- lature to enact statutes which would provide for the involuntary termination of unproductive oil leases and release of surface rights to the fee owners . We aie transmitting a copy of said resolution for your information. Sincerely yours, Paul C. Jones City Clerk PCJ: pm Enclosure May 19s 1971 gonoriLble Mayor and City Council City of Signal Hill 2175 Cherry Avenue Signal Hill, CA 90806 Attention:. City Clerk Gentlemen: The Huntington Beach City Council at their regular meeting held May 17, 1971, passed and adopted Resolution No. 3327, requesting the State Legis- lature* to enact statutes which would provide for the involuntary termination of unproductive oil Leases and release of surface rights to the fee owne rs We are transmitting a copy of said resolution for your information. Sincerely yours, Paul C. Jones City Clerk PCJ: pm Enclosure a, r:. i RESOLUTION NO. 3327 R: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING SENATE BILLS 132E AND 1327 CONCERNING TERMINATION OF UN- PRODUCTIVE OIL AND GAS LEASES AT STATE LEVEL i WHEREAS , there are oil fields located in the City of Huntington Beach ; and The development of oil fields frequently leads to a number of unproductive oil wells and leases ; and The fee owner of such property must pay property taxes , mortgage payments .and special assessments , without receiving commensurate royalties and is unable to develop or use his property profitably ; and The fee owner in all too numerous cases cannot free himself {.f this burden and obtain clear title to the property without " paying an outrageous sum of money to the oil lessee, which price ' has no relation to the value of the lease for. oil production; and Such situation not only is unfair and inequitable to the j fee owner but also burdens the public by inhibiting the highest and best use of the property , thereby depriving governmental agencies of needed tax revenues , and impeding the commercial an.3 residential development of the surrounding area; and r This same problem is shared by the numerous other Cali- fornia cities which have oil fields or portions thereof within their boundaries and is an urgent matter of statewide concern, NOW, THEREFORE , the City Council of the City of Huntington Beach does hereby resolve as follows : 1 . That it requests the state Legislature. to enact statutes which will provide for the involuntary termination of relatively unproductive oil leases and the release of the 1. l}�.y , r surface rights to the fee owners . 2 . That the League of California Cities is hereby re- !ue::ted to adopt a resolution requesting that the state Legis- lature enact the necessary statutes , and to sponsor such 11�gis- 1%t..Ion actively . 3 . That this Council supports the legislation contained in ::enacc: '.s.i lls 1326 and 1327 . 11 . That the City Clerk is, hereby authorized and directed to ;end copies of this resolution to the city 's representatives in the state Legislature , to the League of California Cities , and to the mawors and city councils of California cities which have a substantial number, of oil wells within their boundaries . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of 1-iay ,, 1971 . �f, e May or A T'VES T : c7"_"e City erk P P?OVER AS TO FORM : y A t t7lIrney 2 . {Z Res. No. 3327 STATE 01" CALIFORNIA COUMI'Y OIL ORANGE ) SS : CITY OF IIUNTINGTON BEACII ) I , PAUL C. JONES , the duly elected, qualified and acting 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 17th day of Maj 19 (1 by the following vote: AYES: Councilmen: Bartlett , Gibbs , Green, Matney, Coen, McCracken ` NOES: Councilmen: None ABSENT: Councilmen: Shipley City Clerk an -officio Clerk of the City Council of the City of Huntington Beach, California IN731'Rlh-IENT Cc t°� t,;� ,►i� F A COKRL'i N 1CL'i 5 oi:`ICE ATTEST ...... .................19... � ................. ---...--......-.-. City Clerk and x-cam=� k cf. the City Coulicil of die of Huntington Cal• L -% Deputy l F r:. 1: l RESOLUTION NO. 3327 4: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING SENATE BILLS 132E AND 1327 CONCERNING TERMINATION OF UN- PRODUCTIVE OIL AND GAS LEASES AT STATE LEVEL WHEREAS , there are oil fields located in the City of Huntington Beach ; and The development of oil fields frequently leads to a number of unproductive oil wells and leases ; and The fee owner of such property must pay property taxes , mortgage payments .and special assessments , without receiving commensurate royalties and is unable to develop or use his 4. property profitably ; and The fee owner in all too numerous cases cannot free himself {�f this burden and obtain clear title to the property without paying an outrageous sum of money to the oil lessee, which price C has no relation to the value of the lease for. oil production; and ` Such situation not only is unfair and inequitable to the j fee owner but also burdens the public by inhibiting the highest and best use of the property , thereby depriving governmental agencies of needed tax revenues , and impeding the commercial and residential development of the surrounding area; and This same problem is shared by the numerous other Cali- fornia cities which have oil fields or portions thereof within their boundaries and is an urgent matter of statewide concern, NOW., THEREFORE , the City Council of the City of Huntington Beach does hereby resolve as follows : 1. That it requests the state Legislature. to enact statutes which will provide for the involuntary termination of relatively unproductive oil leases and the release of the 1. - surface rights to the fee owners . 2 . That the League of California Cities is hereby re- ;ue.�ted to adopt a resolution requesting that the state Legis- lature- enact the necessary statutes , and to sponsor such lQgis- 1,atton actively . 3 . That this Council supports the legislation contained in .,enatc. ?,.Ills 1326 and 1327 . 11 . That the City Clerk i; hereby authorized and directed to :;end copies of this resolution to the city ' s representatives in the state Legislature , to the League of California Cities , and to the mayors and city councils of California cities which have a substantial number of oil wells within their boundaries . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof. held on the 1.7th day .of I'liay ,, 1971 . 41 May or ATTEST: City erk AP_-OVER AS TO FORA : y At 06 ney 2 . Res. No. 3327 I STATE 0 F CAI.,L VOR N IA ) '� COUNTY OF ORANGE ) SS : CITY OF' HUNTINGTON BEACII ) I , PAUL C. JONES, the duly elected, qualified and acting 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 1 th day of Ma.:1 19 (1 by the following vote: AYES: Councilmen: Bartlett , Gibbs , Green, Matney, Coen, McCracken__ NOES: Councilmen: None ABSENT: Councilmen: } Shipley City Clerk an -officio Clerk of the City Council of the City of Huntington Beach, California i-IE FOREGOING INSTRUMENT IS A CORRECT COPY OF THE ORI: NAL ON. F LE IN THIS OFFICE ATTEST PAUL C. NES City Clerk and Ex-officio Clerk of the City Council f Of the City of Hun' n Beach, Cal. Deputy Ik April. 5, 1971 State Lands Commission 1020 Twelfth Street,, 2nd Floor Sacramento, CA 95814 Gentlevien: The CityC,ouncil of Huntington Beach, at its>regular meeting held Monday, April 5, 1971:, adopted Resolu- tion 3308 repealing Resolution 3305 relaj_" g to petitioning the State Lands Commission to. c hold public hearings within the cgrporate limits of the City prior to issuance of permits for the exploration or exploitation of oil and gas resourcegK. Enclosed is a certified copy of said resolution for your information. Since re ly, Paul C. Jones City Clerk PCJ: pm cc: State Lands Office 1700 Pacific Coast Highway Huntington Beach, CA 92648 f March 19, 1971 State Lands Commission 1020 - 12th Street 2nd .;Floor Sacramento, CA 95 14 Gentlemen: The City Council of Huntington Beach, at its regular meeting held{, Monday, March 15, 1971, adopted Resolution . N© - .3305 pe,tit-�,:oning the State Lands Commission tV hold public.. Yiearing within the corporate limits of the City prior to issuance of permits for the explora- tion or exploitation of oil and gas resources . Enclosed is a certified copy of sa-id resolution for your information. Sincerely yours, Paul C . Jones City Clerk PCJ:'pm cc: State I,ands Office 1700 `4 if is Coast Highway Hunting- on, Beach; CA 7 Z�- M E M O R A N D U M Ott.. G g,9$ T0: City Council FROM: City Administrator DATE: January 27, 1970 Pursuant to Section 2379 of the Huntington Beach Oil Code, the Independent Oil Producers Association has appointed A. C. Marion as their representative on the Huntington Beach Oil Committee. Western Oil and Gas Association has appointed C.' E. Bill Woods . Minute action of the Council confirming these appoint- ments is requested. Doyle Miller City Administrator DM:bwo -I ♦go�Qo REDI(-,._..) INC. BLENDED FURL s. } H.\B. OIL CO. CONTRACT PUMPING H. MARION TRUST OIL PRODUCTION 10892 MAIN STREET HUNTINGTON BEACH, CALIFORNIA POST OFFICE BOX 108 TELEPHONES 714 (AREA CODE) 847-1245. 1246. 1247 D a..-C3A 10, 1969 F ' I BUN INC(TON BEACH CITY COUNCIL F. Qa Box 190 Huntington Beach., Calif. 92648 Attn: Mr. Patel Jones , City Clerk Gentlemen-- I respectfully request to he placed on the agenda o I the next Council meeting, March 17 , 1969. G� I mould lime to discuss Section 23 of the Bunting;ton Beach Oil Code. It seems necessary to clarify the City' s position on the above mentioned Section. Thank you for your consideration. Very truly yours , A. C o 11iARIC�� a Ho Bo .� S . 2363 OIL BUSINESS (b) Upon the completion of drilling operations- the operator will notify the Department of Oil Field Control, and the Department will make a final inspection of said drill site . (c) The Department of Oil Field Control shall make an annual inspec- tion of each well and keep a record of the wells inspected and their findings . S . 2363 Removal of Idle Equipment. (1284) (A) When a well is determined to be an idle well under Section 2331. 27 of the Huntington Beach Ordinance Code by the Oil Field Superintendent, the procedure to remove the equipment from said well shall be as follows : 1. Notice shall be sent by the Oil Field Superintendent, by reg- istered mail, to the owner of the fee simple interest in the land on which such well is situated as shown on the last equalized assessment roll, and the owner of the mineral rights on which such well is situated as shown on the last equalized assessment roll, and the operator of such well as indicated by the records of the State Division of Oil and Gas , Department of Natural Resources . 2. Content of Notice . Said notice shall indicate the name and location of the well in question and a statement by the Oil Field Superintendent of the reasons why such well is deemed to be an idle well as defined in �Section 2331. 27 . 3 . Compliance . Within ninety (90) days after said notice has been given, the owner of the fee, owner of the mineral rights and the operator of such well shall clean and restore the. drill site and surface thereof in conformity with .the following requirements : (a) The derrick and all appurtenant equipment thereto existing above the surface of the ground level shall be removed from the drill site . (b) The drilling and production equipment, tanks , towers and other surface installations shall be removed from the drill site or tank farm site . (c) All concrete, pipe, wood and other foreign materials existing above the surface of the ground level shall be removed from the drill site or tank farm site. (d) All oil, waste oil, refuse or waste material shall be re- moved from the drill site or tank farm site . (e) The rathole and all holes and depressions shall be filled and packed with native earth. (f) The casing of such well shall be capped with a blind flange and a minimum one inch bleeder valve shall be installed which shall be locked in a closed position. 4. Suspension. The provision of this section shall be suspended from the date an application for a decision or exception is filed with the City Council as provided for in Sections 2383 and 2384. S . 2363 . 1 OIL BUSINESS S . 2363 . 1 Sumps or Sump Holes . Rotary mud, drill cuttings , oil field waste, oil or liquid hydrocarbons and all other oil field wastes derived or resulting from, or connected with the drilling or redrilling of any well shall be discharged into a steel tank. Such drill cuttings , rotary mud, and drilling waste materials shall be re- moved from the drill site upon completion of drilling operations . Tanks used as and for sump purposes shall be removed from the drill site within thirty (30) days from and after completion of drilling, (1284) S . 2363 . 2 On or after July 1, 1968, no person shall own or operate, or have possession of, or be in control of any well site on which a sump or skim pond is located, or any sump or skim pond used in connection with the operation of any oil well; provided, however, that the provisions of this subsection shall not apply to portable sumps required by the State Division of Oil and Gas or by the Regional Water Pollution Control Board. (1284) S . 2363 .3 On or after July 1, 1968, no person shall own or operate or have possession of or be in control of any oil well site on which a sump or skim pond has been located, or any property on which has been located a sump or skim pond or used in connection with the operation of any oil well unless such sump or skim pond has been drained and filled with earth to the level of the surrounding terrain. (1284) S . 2364 Private Roads and Drill Sites . Prior to the commencement of any drilling operations , all private roads used for access to the drill site and the drill site itself shall be surfaced by clean, crushed rock, gravel or decomposed granite, or oiled, and maintained to prevent dust and mud. In particular cases these re- quirements governing surfacing of private roads may be altered at the discretion of the Superintendent of Oil Field Control after consideration of all the circumstances including but not limited to distances from public streets and highways , distances from adjoining and near-by property owners whose surface rights are not leased by the operator and the purpose for which the property of such owners are or may be used, topographical features , nature of the soil and exposure to wind. 0 City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 March 5, 1969 The Honorable Mayor and City Council Huntington Beach Civic Center Huntington Beach, California Attentions Doyle Miller, -City Administrator Subjects Appeal by A. C. Marion for Elizabeth Jean Corfino of Oil Field Superintendent's Decision. Gentlemen: * Transmitted herewith is all correspondence pertaining to the Above subject appeal by A. C. Marion for Elizabeth Jean Corfino. The subject of the appeal is the o�,Ili:WI' 611 "Tina Jon" #1--Located on Lots 25 & 27, Block 210, Huntington Beach Tract. (Southwest corner of 10th and Olive Streets. ) It the contention of the Department of Oil Field Control that the oil well "Tina Jon" #1 operated by Elizabeth Jean Corfino was idle during the previous calendar year. (1968) and produced neither 20 barrels of oil nor 20,000 cubic feet of gas as required by Section 2363 of the Huntington Beach 0411, Code. The Department of Oil Field &ntrol further contends that since the production as required by ordinAnce ,was note-met, all equipment, tanks, concrete, pipe, wood and other foreign materials existing above the sur- face of groun4 level should be removed at set forth in Section 2363 of the Huntington Beach Oil Code. eryXruly11's, '70U A. Day ,ail Field Superi�nten HAD:v1 a - PUT OFFICE-DEPARTMENT PENAL g7E U M AVOID OMCIAL BUSINESS 'r�P yp3i�IGE.SE - dQ /OE tV ING CE Icy INSTRUCTIONS: Show name and address below and wm I to instructions on other side, where applicable. — Moittm gummed ends,attach and hold firm%pp to back RETURN of article. Print on front of article KETURN RECEIPT REQUESTED. TO 2 NAME OF SENDER _ C1/V a* STREEf AND NO.OR P.O.BOX I°` POST OFF CE,STATE,AND 21P CODE iL i y `i January 20, 1969 Elizabeth Jean Corfino 4024 Woodman Avenue Sherman Oaks, Calif.. Subject: Your idle oil well "Tina-Jon" ;tl, Located on Lots 25 d 279 Blk. 210, Huntington Beach Tract and covered by General Insurance Company of America's $2,000. Surety Bond 606379. Dear Mrs. Corfino: The above subject well had been determined to be idle under Section 2331.27 of the Huntington Beach Oil Code which reads as follows: Idle Well: The term "idle we'll" shall mean an oil well -which has failed. to produce more than twerty LJ� (2,)) bar.-eis of oil or twenty thousand (200,jo) cubic feet of natural gas during the immediate preceding calendar year. " Since "Tina- or.'' N1 produced neither t� my (20) barrels.of oil nor t-•:enty thousand (20,000) cubic feet of natuaal gns during 1968, we are asking for. compliance -with- theffollowing ae--tion of said code: ll� ;Section 2.363 (1+) 3 Compliance. Within ninecv (901 days after j notice has beengiven, the owner of the fee, owner of the mineral- . rights and the operator of such well shall clear: and restore the drill site and surface thereof in conformity with tho following requirements: (4) The derrick and all apurtenani equipment thereto existing above the surface of the ground level shall be removed from the drill. site. (b) The drilling and production equipment, tanks,' towers a,u: other urface installations shall be removed from the drill site or tank farm site. (c.) All concrete, pipe, wood and other foreign materials existing above the surface of the ground level shall be removed from the drill site or tank farm site. (d) All oil, waste oil, refuse. or waste material shall be re- moved from -the drill site or tank farm site. (e) The rathole and all holes and depressions shall be filled and packed with native earth. (f) The casing of such well shall be capped with a blind flange �) and a minimum one inch bleeder valve shall be ins.4alled which shall be locked in a closed position. . . If .there are questions please do not hesitate to telephone 536-6551, Ext. 238. Very truly yours; H 4. Day Oil Field Superinten nt CC: lElIzabeth .;. Corfino, et al - C.i o Dorothv M. Bruce 629 E. Valerio -� Santa Barbara, Calif. 93103 fF .. 1 S 1 F i . CRAIG HOSMER COMMITTEES: MEMBER OF CONGRESS JOINT COMMITTEE ON CALIFORNIA ATOMIC ENERGY INTERIOR AND INSULAR AFFAIRS Cattgreog; of the antteb otateo 34ouge of Repreantatibeg WaObin&n,M.C. 20515 February 19, 1969 Dear Mr. Jones: This acknowledges receipt of your letter enclosing a copy of Reso- lution No. 2925, a measure to adopt and enforce more stringent safety regulations for offshore oil drilling and derricks. I have joined with a bipartisan group of California Congressmen to cosponsor legislation which I feel will be instrumental in preventing and correcting the future leakage of crude oil and resulting damage. When this measure becomes law, the Secretary of the Interior will be empowered to issue stringent regulations aimed at preventing the re- occurence of oil leaks from shore and off-shore drilling as well as vessels operating in navigable waters of the United States. This mea- sure would also clearly delineate responsibility for such accidents and set liability for the removal of oil discharged in violation of those regulations set by the Secretary. Additionally, companies and indivi- duals found responsible for such violations shall , upon conviction, be punished by a fine not exceeding $2,500, or by imprisonment not exceed- ing one year, or by both, for each offense. I appreciate your letting me know of the action taken by the City Council of Huntington Beach. Sincerely y urs, CRAIG SMER Member of Congress CH:P Mr. Paul C. Jones City Clerk City of Huntington Beach P. 0. Box 190 Huntington Beach, California 92648 ALAN CRANSTON CALIFORNIA t� '�21Cnif eb Zf of es ,%mate WASHINGTON, D.C. 20510 February 17, 1969 Mr. Paul C. Jones P. 0. Box 190 Huntington Beach, California Dear Mr. Jones: The oil slick in the Santa Barbara Channel with the resulting damage to the beaches, harbors, boats, wildlife, and marine fauna demonstrates that inadequate safeguards were written into the oil leases granted by the Federal Government. I have called for a compulsory moratorium on drilling into this stratum until such safeguards are found and adopted. Further, in addition to protecting human life and private property, safeguards must include the natural environment of the area -- animal life must be safe, the ecological balance pre- served. Be assured that I am working toward this end. Thank you for letting me know of your concern. Sine-e/4ly, XanCrans o Carl D 'Agostino t ASSEMBLY MEMBERS: COMMITTEE CO SULTANT CARL A.BRITSCHGI —e1-MRCLS'ti-1MLDWM KENNETH CORY KEN MACDONALD LOS ANGELES OFFICE JESSE M.UNRUH y �1r y .y .lam 685 SOUTH NEW HAMPSHIRE JOHN G.VENEMAN 6alif C y,4 TEFL.:213LOS EL386C 2510 F. 90005 SENATE MEMBERS: ,(•F SACRAMENTo: RALPH C. DILLS RICHARD J.DOLWIG ,�L �.{�' Roots MEN STATE CAPITOL JOS5814 EPH M.KENNICK �Y444$y 9®�A4A'I'YOOf4'7 SACRAMENTO 5-744 JOHN F.MCCARTHY a ,�C`ld �e.1',�l TEL 9I6-445.7446 STEPHEN P.TEALE rt't ublir Domain KENNETH CORY CHAIRMAN JOHN F. McCARTHY VICE CHAIRMAN February 14, 1969 The City Council Past Office Box 190 .untington Beach California 92648 G ntlement I have received your ,resolution No. 2925 adopted at the 'ebrua.ry rd .eetinq urging more stringent regulation o offshore' oil drilling. I share with you a grave concern for the potential damage and destruc ion to our, fish and wildlife and our scenic and recreational facilities in Orange County. I am inttodu(*_-.v a joint legislative resolution on Monday calling for a halt to all drilling can the federally contkalled tauter continent&l shelf pending a well-.by-well inspection. In ac diti oni, l am asking that- the State be given authority for on- sit .ins section d supervision of all oil and gas drilling and pumping can these fields and that regula- tions be-,tightened, especially taking into account geological faulting that odcurs in areas ' like Huntington Beach, . Finally, I are asking that a portion of the revenues from those leases be set aside as an insurance 'fund to provide for removal of pollution and debris :should a disaster occur. As Chairman of the Joint Committee can Public Domain, n, I plan to initiate a study can techniques that right be used to contain and greatly minimize the impact of any oil spillage. 'hank you for your concern and for your resolution. Sincerely yours* KENNETH CORY KCdr cc: Paul Jones, City Clerk Doyle Miller, City Administrator LEAGU,� -OF ERLIFORMA Mid MEMBER NATIONAL LEAGUE OF CITIES (Formerly—American Municipal Association) "WESTERN CITY" OFFICIAL PUBLICATION Berkeley 94705 Hotel Claremont . . 843-3083 Area Code 415 Los Angeles 90017 . . 702 Statler Center . . 624-4934 . . Area Code 213 Sacramento 95814 . . 321 Senator Hotel. . 444-5790 . . Area Code 916 OFFICERS President: JACK RYERSEN City Councilman,Santa Rosa First vice President: Sacramento, California EDWIN W. WADE Mayor,,Lang Beach February 13, '1969 Second Vice President-Treasurer: I CLIFFORD F. LOADER I Mayor,Delano Past President: EDWARD H.RADEMACHER Mayor,Colipatrin Director Mr. Paul C. Jones General Counsel: RICHARD CARPENTER City Clerk DIRECTORS City of Huntington Beach JOHN J. COLLIER P. 0. Box 190 . Parks and Recreation Director, Huntington Beach, California 92648 Anaheim JAMES F. CULBERTSON Vice-Mayor,Lodi -Dear Mr. Jones: FRANK CURRAN Mayor,San Diego C. LEWIS En Diego This will acknowledge .receipt of your City Council s City.Councilman,Pasadena Resolution No. 2925 .relative to the .adoption and enforce- G. SIDcS Mayor,Salinas ment of more .stringent safety regulations for offshore HAROLD M. HAYES oil drilling and derricks. Mayor,Montclair T. WILLIAMf H IDNER Pasadena You may advise the City Council that .the .Legislature is Fire Chief,Pasadena H. K. HUNTER already in the process of enacting resolutions urging City Manager,Ontario more stringent .federal .regulations in the area under RONALD R. JAMES federal jurisdiction and .that committees .of the .Legislature Mayor,San Jose JACK D- MALTESTER are currently investigating the 4dequacy ,of -existing .state Mayor,Son Leandro .regulations on the offshore area under-.state.jurisdiction. . THOMAs J. MELLON -Chief Administrative Officer, Assemblyman Unruh.announced .yesterday that he would intro- Son,Fronci"a duce legislation providing for additional and more stringent ROBERT H. MULLEN City Attorney,Lodi regulations. j JOSEPH OVERTON I City Councilman,Coronado F SJLncerely, I FRANCIS P. PACELLI Vice-Mayor,Daly City J� RAY Mayor, Port o Port Hueneme d JOHN H. READING Mayor,Oakland Richard Carpent WILLIAM R. RUGG Executive Dire " or or Community Development Director ,San Leandro and General Counsel ALLEN W. SILL Chief of Police,West Covina HERBERT A. SPURGIN Mayor,Santa Monica RC:mvb ALBERT J. TALKIN Vice-Mayor,SacramentoB�7�-1L�p '° ROBERT M. WILSON ECMOPIEST ORV1J'l.@_IQJ �I� 4`rr Vice-Mayor,Costa Mesa JSAM YORTY Mayor,Los Angeles COUNCt ,. `D FRITZ ZAPF 1 Director of Public Works, I' Pasadena ROBERT K. ZELLERS City Treasurer,El Cerrito Cable Address — LEAGUECAL, Berkeley, U.S.A. DAMES B. UTT ROBERT A.GEIER J$TH DIsT.,CALIF. ADMINISTRATIVE ASSISTANT 2346 RAYBURN HOUSE OFFICE SLOO. MOLLY B.PARKER EXECUTIVE SECRETARY COMMITTEES:WAYS AND MEANS �lConarvo of the Eniteb Mateo AND e f �Q e�1e}y} (�e DISTRICT OFFICE: COMMITTEE ON COMMITTEES , OU�t Of E re�etttHtlbe$ 520 EAST FOURTH STREET TUSTIN, CALIFORNIA 92660 Mobington, ;O.C. 20515 February 11, 1969 Mr. Paul C. Jones City Clerk Post Office Box 190 Huntington Beach, California 9264.8 Dear Mr. Jones: Congressman Utt is spending the Congressional Recess in his District Office, so I am acknowledging receipt of your letter of February 7th, and the resolution of the City Council of Huntington Beach with re- gard to offshore oil drilling. Because of the extensive oil interests in your city, I am sure you are aware of the many ramifications, financially and otherwise, of this subject, and you may be sure that Mr. Utt will support any reasonable safeguard that can be imposed to prevent disasters such as at Santa Barbara, without denying to the taxpayers of the state the important revenues that arise from oil production. I will see that Mr. Utt gets your letter upon his return. In the meantime, I know he would want to send his best wishes. Sincerely yours, Robert A. Geier Administrative Assistant RAG:jp -T7 �J tP oP Th u�y GOVERNOR's OFFICE ��� n►w SACRAMENTO 95914 C'CIPOR RONALD REAGAN GOVERNOR February 11, 1969 Mr. Paul C. Jones City Clerk P.O. Box 190 Huntington Beach, California 92648 Dear Mr. Jones : This will acknowledge your letter. of February 7 to Governor Reagan transmitting Resolution No. 2925, which will be referred to our Resources Agency. I am sure that you are aware that the State of California had no control over the drilling regu- lations being conducted in the Santa Barbara channel. California regulates drilling within the three mile limit. The federal government has the responsibility for this type of activity on the outer continental shelf. We are urging them to tighten their regula- tions, making them equal to California 's . Sincerely, Win Adams Cabinet Secretary February 7, 1969 The Honorable Kenneth Cory Assembly Post Office State Capitol Building Sacramento, California 95814 Dear Sir: The City Council. of Huntington Beach, at its regular meeting held Monday, February 3, 1969, adopted Resolu- tion No. 2925 declaring that the beaches, seashore, wildlife and marine life of the City are in danger and urging the State to adopt and enforce more stringent D safety regulations for offshore oil drilling and derricks. Enclosed is a copy of Resolution No. 2925, and we urge your support in adopting and enforcing more stringent safety regulations for offshore ail drilling and derricks in the State of California. Yours very truly, Paul C. Jones City 'Clerk PCJsaw Enc. February 7, 1969 The Honorable John G. Schmitz Senate Post Office State Capitol Building j Sacramento, California 95814 Dear Sir: The City Council of Huntington Beach, at its regular meeting held Monday, February 3, 1969, adopted Resolu- tion No 2925 declaring that the beaches, seashore, wildlife and marine life of the City are in danger and D urging the State to adopt and enforce more s-tririgent safety regulations for offshore oil drilling-and derricks. Enclosed is a copy of Resolution No. 2925, and we urge your support3`in adopting and enforcing more stringent safety regulations for offshore oil drilling and derricks in the State of California. Yours very truly, Paul C. Jones City Clerk PCJ raw Enc. Febuuary 7, 1969 The Honorable James E. Whetmore Senate Post Office State Capitol Building Sacramento, California 95814 Dear Sir; The City Council -of Huntington Beach, at its regular meeting held Monday, February 3, 1969, adopted' Resolu- Lion No. 2925 declaring that the beaches, seashore, 4aildlife and marine life of the City are in danger and ng the State bo adopt and enforce more stringent safety regulations° for offshore oil drilling and / derricks. f Enclosed is a copy of Resolution No. 2925, and we merge your support in adopting and enforcing more stringent safety regulations for offshore oil drilling and derricks in the State of California. Yours very truly, i Paul C. ,Tones City Clerk PCJ:aw Enc. I i February 7, 1969 The. Honorable RoberttHU, Burke Assembly Post Office State Capitol Building Sacramento, California 95814 i Dear Sir: f The City Council of Huntington Beach, at its regular j meeting held Monday, February 3, 1969, adopted Resolu- tion No. 2925 declaring that the beaches, seashore, wildlife and marine life of the City are in danger and D urging the State to adopt and enforce more stringent safety regulations for offshore oil drilling and derricks. Enclosed is a copy of Resolution No. 2925, and we urge your support in adopting and enforcing more stringent safety regulations for offshore oil drilling and derricks in the State of California. Yours very truly, Paul C. Jones City Clerk PCJ:aw enc. February 7, 1969 (range County League of Cities 635 Ramona Laguna Beach, California, 92651 Attention: Mr. Winston Updegraff - Executive Secretary Gentlemen: The City Council of Huntington Beach, at its regular i meeting held Monday, February 3, 1969, adopted Resolu- tion No. 2925 declaring that the beaches, seashore, wildlife and marine life of the City are in danger and i urging the State to adopt and enforce more stringent 4 safety regulations for offshore oil drilling and derricks, Enclosed is a copy of Resolution No. 2925, and we urge your support in adopting and enforcing more stringent safety regulations for offshore oil drilling and derricks in the State of California. Yours very truly, Paul C. Jones City Clerk P'CJ.cb enc. February 7, 1969 League of California Cities Hotel Claremont Berkeley, California, 94745 Attentions Richard Carpenter, Executive Secretary Bear Sirs: The City Council of Huntington Beach, at its regular meeting held Monday, February 3, 1969, adopted Resolu- D tioa No. 2925 declaring that the beaches, seashore, wildlife and marine life of the City are in danger and urging. the State to adopt and enforce more stringent safety regulations for offshore oil drilling and derricks. Enclosed is a copy of Resolution No. 2925, and we urge your support in adopting and enforcing more stringent safety regulations for offshore oil drilling and derricks in the State of California, Yours very truly, Paul C. Jones:; j City Clerk ' PCJscb ' enc. February 7, 1969 0 The Resources Aggenvy Resources Building, Room 1311 1416 Ninth Street Sacramento, California, 95814 Gentlemen The City Council of Huntington Beach, at its regular meeting held Monday, February 3, 1969, adopted Resolu- tion No. 2925 declaring that the beaches, seashore, D wildlife and marine life of the City are in danger and urging the State to adopt and enforce more stringent safety regulations for offshore oil drilling and derricks. Enclosed is a copy of Resolution No, 2915, and we urge your support in adopting and enforcing more stringent safety regulations for offshore oil drilling and derricks in the State of California. Yours very truly, Paul C. Jones City Clerk PCJcb enc, jp Pr —_. ' _ � - ,. `__-�- .-v-e e. - -.. v..i.. s_-. - :. Y ' r-t��s..-..raY .rn.E - t.<t✓Y':t: r•�y��en Ord.#626 mediate protection and preservation of the public health, property, best interests , safety and convenience. Thy_ City Council of the City of Ht ntington Beach, California, do ordain as follows: Section 1: That Section 2423 of the =untingtor Beach +a Ordinance Code be, and the same is hereby amended to read ` as follows: Section 2423. Location of the Well. IJo person shall drill any oil or gas well or well hole the center of which Ni hole , at the surface of the ground i s: Section 2: That Section 2421 of the Huntington Beach Ordinance Code be, and the saine is hereby amended to read as follows: � Section 2421. Temporary derrick and Portable Mast: =R l Specifications. All derricks used for the drilling of oil ' wells, redrilling of oil wells and for servicing of oil wells shall conform to API standards as set forth in API Manual, 4A-14th edition "or steel derricks or API Tentative Code Standard #4-D, 195)3 edition for Portable Masts, or any sub- sequent revisions thereof. Section That a new section be and the same is here- . .: by added to the Huntington Beach Ordinance Code , designated :4= 4 e: Section 21+22.21, to read as follows: Section 2422. 2l. Contents of said Map. With respect to any well located in the portion of this City described in Section 2429, said plat or map shall also show the ties to the center of the proposed well hole together with the x - proposed location of the tanks and, if required elsewhere in this Code, the safety wall, the details of construction =a ,H of such safety wall. and the calculations showing the re- =" 2. - s Ord.#626 •.Y`,te quired and proposed area and capacity of any such safety 4~` wall. All buildings and structures within 75 feet of the exterior boundaries of the lease shall be shown and indi- cated. ;, Section 4: That a new sect on be and the sarm is hereby added to the Huntington Beach Ordinance Code, desig- nated Section 2429. 'sf T,l Section 2429. Guarding Producing Wells - Residential and Business Area. No person owning, having possession of W% or in control of any producing oil well within the follow- '{ 'F r ing described portion of the city: R-2, All R-1, R-1-0,/R-2-0 R-3 R--I-O, R-41 R-4-0, R-K-O, M-1-0,/district- ing zones within the City of Hunt- ington Bleach excepting that por- tion of said mentioned zones lying westerly of 17/Street and east- j erly of Hampshire Avenue . i i i' i i i 1 3 , - Ord.#626 r. shall maintain, or allow to exist thereon , any moving parts in use at suc!, oil- ve} l !.finless and `.zni-Al such !?cvin- harts are securely enclosed by a . rreauate ventilated `-:r)e fence of ..h aTnroved rrauue wire screen or lOi.ising s!_:-`' .icient to !)regent ' tie entry of small cl_.ildrers to Sucn r,)ovi.r!� zrt:s . If any ,W fence or screen Is -rected pursuant filer ,to it shall be of metal construction, shall cue not , ess tna,j `'Fe+ _lj: '�cicpt =4 and i.f eaui n-ei 4Tl t.'f: ;-,cite.s , SliCr E ?Si'.— e_?ed at all times , e ec __t ,Jt+iori Ten _ ) /� /1 (1 y, �gr �"`endance a I such ,,ell• 11. sing'. fL.rc - / screen (-r m_-:% be i.tsed Vo enclose '. 'ol'r !`ian on- nil v,e17 a new sect:. on be , !e sar.;e s :?ere- I-, adaed to t ,e .-:tuitingto"' -i;E 2.ch Ord di .....i1C ._ Code 'e.s' ,ncat2:: N Sec',.-' pn 2429. • " irding Produ^1'"'_' ':`fie. is - Outside of Res _de Inti.al a.rd :;is _i ess. A_ea. A I I having -.ossess- on o?' . or '_rT ccn rol n_' r - T;roducirlp oil well within -iat nortion of ;; is city not aescri.bed in Section 2 2'+ S!la__ d!!iS a 1 [ i i; +1 r _j') r r eni '•'. . ='r(-,—V 4 T1S *:ained in the "General Safety 1 ems' o 11 -an "Pe ro'1 ej!m J`rG.,._. 0-ruers - -I.J ling and Froduc- Lion" noth of trle DJ.vislon of Industrial Safet�r State of Ca1i.fornia . � = "J` Ord.#626 t` r Section 6: That a new section be and the same is hereby added to the Huntington. reach Ordinance Code , designated as 1 Section 2429.2. Section: 21+29.2. Time for Compliance - Extension. All oil wells placed on product.-Ion prior to the effective date of this ordinance shall be guarded, as provided in Sections 2429 and 2429.1, within 90 days .from such effective date . Provided, however, that upon application in writing by the owner or oper- ator of any oil well to the City Engineer, the City Engineer, may if t_,ere is gcod cause therefor, grant an additional period of time for such owner or operator to con ply with Sec- tions 2429 or 2429.1. If the City Engineer shall deny any such application for additional time, the owner or operator, within three days front the time of such denial may file a written appeal from such decision of the City Engineer to the City Council. The City Council shall cor+sider such appeal at its next succeeding regular meeting and ray grant or deny such appeal by majority vote . The period of time beginning on the date said application is tiled with the City Engineer and end- ing on the date the City Engineer or City Council makes final decision the,--eon shall be excluded from the 90-day period re- ferred to hereinabove. Section 7: That a new section be and the same is hereby added -to -he Huntington Beach Ordinance Code, des_gnated as Section 2429.3. Section 2429.3. Special Permit : Substantial Compliance . Any owner or operator of a well placed on production prior to the effective date of this ordinance who had previously en- closed the roving harts of such well with a fence, screen or -housing not complying wits_ .:he requirements of Section 2429 �I" Ord.#626 or 2429.1, may mare written application to the City Council for a waiver of the provisions of Section 2429 or 2429.1. The City Council may, after hearing waive the provisions of Section 2429 or 2429.1, if compliance therewith would work an undue hardship on tiie owner or operator of such well and the fence, screen or housing previously constructed by said Operator substantially complies with requirements of said Section 2429 or 2429.1. Section 8: That a new section be and the same is hereby added to the Huntington beach. Ordinance Code , designated as Section 2429. 51. Section. 2429. 51 . Safety ^+ails: Construction: All safety walls hereafter constructed shall 'be solid and leak- and design proof and constructed of an aproved type;/of concrete , mason- ry or earth in, through or underneath which t%iere small be no openings except for pipe . If constructed of earth, said safety wall shall be constructed of good earth, free from substances which impair t'rie strength thereof and shall be well packed and coated with crude oil or asphalt on all surfaces. All such earth safety walls snail have a flat-top not less than 3 feet viide and a slope of not less than one and one-half feet horizontal to one foot vertical. Section 9: That a new section be and the same is hereby added to the Huntington i,ach Ordinance Code, designated as Section. 2429.6. Section 21+29.6. Oil Storage `Wanks. All tanks for the storage of oil within the City of Huntington Beach shall con- form to the following specifications and be placed in the fol- lowing location with respect to other structures and property. 1 1 Ord.#626 t•rh`y 9. Section 10: That a new section be and the same is hereby added to the Huntington reach Ordinance Code , designated as Section 2429.61. Section 2429.61. Location of Tank. No tanks shall be placed within 25 feet of any open flame or other source of ignition. Section 11: "'hat a new section be and the same is hereby added to the __Huntington -teach Ordinance Code, designated as Section 2429.62. Section 2429.62. API Specifications. All tanks shall conform to API specifications. Section 12: That a new section be and the same is hereby added to the Huntington Beach Ordinance Code , designated as Section 242 .63. Section 2429.63. Location of 300 barrel Tanks or Less. Tanks from 100 to 301 barrels shall not be closer than 4 feet to the exterior boundary line of the lease , nor closer than 8 feet to any building , nor closer than 15 feet to the center of any well hole , nor closer than 3 feet to the inside of any safety wall surrounding said tank. Section 13: That a new section be and the same is hereby { added to the runtington Beach Ordinance Code, designated as Section 2429,64. Section 2429,64. Location of �O1 to 520 barrel tanks. Tanks from 301 barrels to 520 barrels shall not be closer than 4 feet to the exterior boundaries of the lease nor closer than ten feet to any building, nor closer than 15 feet to the center of any well hole , nor closer than 3 feet to the inside :' of any safety wall surrounding said tank. Section 14: That a new section be and ;.hn same is hereby sy 7. Ord.,#626 added to the untinotcr reach Ordinance Code, designated as Section 2.429.65, Section 2 29.0;, r. L'ocat.ion of tanks over 521 barrels. Tanks of in excess of 521 barrels shall riot be closer than 10 feet to `he exterior bo;.uhdar;;• lines of the lease , nor closer than 15 feet to any building , nor closer than 25 feet to any well hole , nor closer tr_a.n 5 feet to the inside of any safety wall surrcvnding said tank. Section 15: That a new sectlen be and the same is hereby added to the Huntington.. each Ordinance Code , designated as Section 2429.66. Section 2429.66. I-ank Set back Requirements. All tanks referred to in Sections 2429..-)3 , 2429.64 and 2429.65 shall have the smile set back from front property lines as set forth for buildings in existing zoning requirements . Section 16: That a new section be and the sa-me is hereby added to the untingtcn Beach Ordinance Code , designated as Section 2429.67. Section :241-=-`967. ank.s: ?'eas).remer.ts . All measurements of tanks referred -to in Sections 2429.6? 7 242.9.64 and 2429.65 are taken from the shell of the tank. Section 17: That a new sect-ion be and the same is hereby added to the Huntington '-,�each Ordinance Code , designated as Section 21+29.68. Section 2429,68. Tanks: Vent . Every tank which contains a vapor space shall be provided with vents to conform to API standards for low pressure above ground storage tanks. Section 18: That a new section: be and the same is }hereby added to the Huntington _ eac?h Ordinance Oode , designated as 8. Ord.#626 - - -` 77 iection 2429.69. Section 2429.69. Tanks . -'ei,-ht. Tanks fo- ship in !r storing cf oil shall not exceed 24' in 'height , as measured rom the ground to the top Df the shell . Section 20: That a new section be and t!he same is hereby Ided to the Funtina;ton Beach Ordinance mode , demsi.�—nated as Pction 24129.i1 . Sector '. ;2`9 1. Safety ';-rails Capacity Rei_rements. -,e capacity reculrements of safety walls around _nrodurtion anks --hall he as follows: 100',.o c,-i?acityr of the larfrest tank , lus capacity of a second tan , if more titan one tank is nside of sa:.c.+ Ga{'e:,y wali , plus 50 o capacity of all addition- L tanks. Section 21: That a new section be and the same is hereby ideL7 to the i?unti ngton Beach Ordir<an ce Code , de signet eu a.s -cti on 2429.72. Sectic:n 242�. 2. Tanks. Fai' iP.r nl . tA:,ks and pro�il,c- ,n equipment sha ._)e . .r;i_ t,_�ned _n a. near clean and orderly shion and shall_ at all time=_ ire ke;)t �;r�i„ted. Section 22: ml-ia1- a new section fce and, the sane is hereby Ae:d to t.t,e Funtinqg ton Ordi.- ince r7ode , desiLnated as ^ti.on 21,.2%. 73 . SectiOn 21,.2: . 'Z . .'ea!,e - F, Witi-in that norti on of this tvdescribed in Ject:ic>r, 242<' all heaters used for production , eaning or 'lent-Ln- oil in the tank for shiJping mirposes , or r any other use , s'r:all be the hot water type heater and be s pecif•icat.ions approve:i by the .1.rerican Gas P.ss^ciat�on , or Section Page 2.2 Reference to Exhibits. . . . . . . . . . . . . . . . . . . . . . 2.3 Exhibits Considered Correct. . . . . . . . . . . . . . . . 4 2.4 Correcting Errors. . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.5 Filing Revised Exhibits. . . . . . . . . . . . . . . . . . . . 4 ARTICLE 3 CREATION AND EFFECT OF UNIT 3. 1 Production Unitized. . . . . . . . . . . . . . . . . . . . . . . . 4 3.2 Personal Property Excepted. . . . . . . . . . . . . . . . . 4 3.3 Amendment of Leases. . . . . . . . . . . . . . . . . . . . . . . . 5 3.4 Continuation of Leases. . . . . . . . . . . . . . . . . . . . . 5 3.5 Titles Unaffected by Unitization. . . . . . . . . . . 5 3.6 Injection Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 4 OPERATIONS 4. 1 Unit Operator. . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.2 Costs of Unit Operation. . . . . . . . . . . . . . . . . . . . 6 4.3 Operating Methods. . . . . . . . . . . . . . . . . . . . . . . . 6 ., ` 4.4 Change of Operating Methods. . . . . . . . . . . . . . . . 6 ARTICLE 5 TRACT PARTICIPATION 5. 1 General Statement. . . . . . . . . . . . . . . . . . . . . . . . . . 6 5.2 Calculation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5.2. 1 Wells. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5.2.2 Production. . . . . . . . . . . . . . . . . . . . . . 7 5.2.3 Value of Production. . . . . . . . . . . . . . . 7 5.2.4 Acreage. . . . . . . . . . . . . . . . . . . . . . . 7 5.2.5 Ratio of Wells. . . . . . . . . . . . . . . . . . . . 7 5.2.6 Ratio of Value. . . . . . . . . . . . . . . . . . . . 7 5.2.7 Ratio of Acreage. . . . . . . . . . . . . . . . . . 8 5.3 Tract Participation. . . . . . . . . . . . . . . . . . . . . . 8 5.4 Relative Tract Participations. . . . . . . . . . . . . . 8 ARTICLE 6 ALLOCATION OF UNITIZED SUBSTANCES 6. 1 Allocation to Tracts. . . . . . . . . . . . . . . . . . . . . . . 8 6.2 Distribution within Tracts. . . . . . . . . . . . 8 6.3 Taking Unitized Substances in Kind 8 6.4 Failure to Take in Kind. . . . . . . . . . . . . . . . . . . . 9 ii Section Page 6.5 Responsibility for Royalty Settlements. . . . . 9 6.6 Reduction of Royalties. . . . . . . . . . . . . . . . . . . . . 10 6.7 Royalty on Outside Substances. . . . . . . . . . . . . . 10 ARTICLE 7 USE OR LOSS OF UNITIZED SUBSTANCES 7. 1 Use of Unitized Substances. . . . . . . . . . . . . . . . . 10 7.2 Royalty Payments. . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 8 COMMITMENT OF TRACTS - ENLARGEMENT OF UNIT AREA 8. 1 Unit Area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 8.2 Commitment. . . . 11 8.3 Subsequent Joinder. . . . . . . . . . . . . . . . . . . . . . . 11 8.4 Enlargements of Eligible Lands or Unit Area 12 8.5 Revision of Exhibits. . . . . . . . . . . . . . . . . . . . . 12 8. 6 Effective Date of Subsequent Joinder. . . . . . . 12 ARTICLE 9 TITLES 9. 1 Removal of Tract from Unit Area. . . . . . . . . . . . 12 9. 2 Revision of Exhibits. . . . . . . . . . . . . . . . . . . . . . . 13 9. 3 Royalty Interest Titles. . . . . . . . . . . . . . . . . . . . 13 9. 4 Production where Title in Dispute. . . . . . . . . . 13 9.5 Failure of Production. . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE 10 EASEMENTS, SURFACE AND SUBSURFACE USE 10. 1 Grant of Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 10. 1 . 1 Use of Surface. . . . . . . . . . . . . . . . . . . 14 10. 1.2 Wells. . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 10. 1. 3 Water Flooding. . . . . . . . . . . . . . . . . 14 10. 1. 4 Production of Saline Water. . . . . . . 14 10.2 Surface Damages. . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE 11 TRANSFER OF INTEREST 11. 1 Agreement is a Covenant. . . . . . . . . . . . . . . . . . . . 14 11.2 Effect of Transfers. . . . . . . . . . . . . . . . . . . . . . . . 15 iii Section Page 11.3 Automatic Transfer of Participating Interest. . . , . . . . . . . . . . . . . . . . . . 15 i 11.4 Waiver of Rights to Partition. . . . . . . . . . . . . . 15 ARTICLE 12 RELATIONSHIP OF PARTIES 12. 1 No Partnership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 12. 2 No Sharing of Market. . . . . . . . . . . . . . . . . . 16 12.3 Royalty Interest Owners Free ofCosts. . . . . . 16 12.4 Information to Royalty Interest Owners. . . . . 16 ARTICLE 13 TAXES -- DEHYDRATION 13. 1 Allocation of Royalty Interest Owners ' Shareof Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 13. 2 Treating and Dehydration. . . . . . . . . . . . . . . . . . . 17 ARTICLE 14 w LAWS AND REGULATIONS 14. 1 Laws and Regulations. . . . . . . . . . . . . . . . . . . . . . . 17 ARTICLE 15 EFFECTIVE DATE 15 . 1 Execution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 15 .2 Effective Date. . . � . . . . . . . . . . . . . . . . . 17 15. 3 Oil and Tanks on EffectiveDate. . . . . . . . . . . . 18 ARTICLE 16 TERM 16. 1 Term. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 16.2 Termination by Working Interest*Owners. . . . . 18 16. 3 Declaration of Termination. . . . .. . . . . . . . . . . . 18 16.4 Effect of Termination. . . . . . . . . . . . . . . . . . . . . . 18 16.5 Equipment Upon Termination. . . . . . . . . . . . . . . . . 19 16. 6 Extension of Leases Upon Termination. . . . . . . 19 iv ARTICLE 17 COUNTERPART Section Page T 17.1 Separate Counterparts or Ratifications. . . . . 19 17.2 Joinder in Dual Capacity. . . . . . . . . . . . . . . . . . . 19 17.3 Signature Page. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 17.4 Acknowledgments. . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ARTICLE 18 MISCELLANEOUS 18. 1 Force Ma,jeure. . 20 18.2 Further Documents. . . . . . . . . . . . . . . . . . . . . . . . . . 20 18.3 Amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 18.4 Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 18.5 Gender. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 18.6 Successors and Assigns. . . . . . . . . . . . . . . . . . . . . 21 18.7 Headings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 t V UNIT AGREEMENT for the JONES SAND ZONE and STRAY SAND ZONE HUNTINGTON AVENUE AREA OF THE HUNTINGTON BEACH OIL FIELD ORANGE COUNTY, CALIFORNIA THIS AGREEMENT, entered into as of the , by and between the parties who execute, approve, ratify, or consent to this agreement, which parties are herein- after sometimes referred to as the "Parties Hereto" ; W I T N E S S E T H: RECITALS: • It is deemed by the Parties Hereto to be desirable to enter into this agreement unitizing all oil, gas and other hydrocarbons produced from the Unitized Formations, as herein defined, of the Huntington Avenue Area of the Huntington Beach Oil Field, Orange County, California, for the following purposes : (1) to initiate and conduct repressuring operations in the Unitized Formations in an effort to increase the maximum economic quantity of oil, gas and other hydrocarbon substances ultimately recoverable from the Unitized Forma- tions through repressuring operations; and (2) to promote the conservation of oil, gas and other hydrocarbon substances in the Unitized Formations. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, it is agreed as follows : ARTICLE 1 DEFINITIONS 1. 1 Committed Tract shall mean a Tract as to which this agreement has become effective in the manner provided for in 1 Section 8.2 hereof. All such Tracts are hereinafter sometimes collectively called "Committed Tracts" . 1.2 Eligible Lands. All land within the heavy black dashed line on the map Exhibit "A" shall be eligible to be com- mitted to this agreement. 1. 3 Non-Committed Tract shall mean a Tract within the area outlined by the heavy black dashed line on Exhibit "A" as to which this agreement has not become effective. 1. 4 Option Owner shall mean a Party Hereto who owns an Option Interest. 1.5 Option Interest shall mean a right under an option agreement with the owner of a Working Interest in the Jones Sand Zone and/or the Stray Sand Zone underlying a Tract, to acquire such Working Interest upon the effective date cf this agreement. 1.6 0 ttior�_or shall mean a party, who upon the exercise of an option by an Option Owner, will thereupon become a Royalty Interest owner in a Tract. 1. 7 Outside Substances shall mean all substances obtained from any source other than the Unitized Formations, and which are injected into the Unitized Formations. 1.8 Royalty Interest shall mean a right to or interest in oil, gas or other hydrocarbon substances produced from anAT lands, or in the proceeds of the first sale thereof, other than a Working Interest; it shall include an interest in net profits, or in an oil or gas payment, with respect to production. 1.9 Tract shall mean and include such parcel and/or par- cels of land committed to this agreement, the Working Interest in which land was acquired under a separate agreement. Each Tract shall be given a number and shall be described in Exhibit „B" . 1. 10 Tract Participation shall mean that percentage of Unitized Substances produced rom the Unitized Formations which is allocated to a Tract under this agreement. 1. 11 Unit Area shall mean the lands situated within the Huntington venue Area of the Huntington Beach Oil Field, Orange County, California, shown outlined by a heavy black dashed line on the map Exhibit "A" and described by Tracts in Exhibit "B", as to which this agreement becomes effective, or to which it may be extended, as provided herein. • 1. 12 Unitized Formations shall mean that subsurface por- tion or portions of the Unit Area commonly known or described 2 as follows : That interval known as Division "A" and "B" of Miocene Age in which the Jones Sand and Stray Sand occur, which for example were penetrated in the Hedges and Smith "Talcott" No. 1 well within the drilled depth interval of 3550 feet -- 4700 feet, as indicated by the electric log for that well. 1 . 13 Unit Operator shall mean W. S. Payne, Jr. , doing business under the firm name of Franwin Oil and Gas Company, hereinafter referred to either as "Unit Operator" or as "Franwin", hereby designated by the Working Interest owners as Unit Operator to develop and operate the Unitized Formations. 1. 111 Unit Participation of each Working Interest owner shall moan the sum of the percentages obtained by multiplying such Working Interest owner ' s fractional Working Interest in each Tract by the Tract Participation of such Tract. 1. 15 Unitized Substances shall mean all oil, gas and other hydrocarbon substances which are produced and saved, sub- ject to the provisions of this agreement from the Unitized Formations after 7 :00 o ' clock P.M. on the effective date hereof. 1 . 16 Working Interest shall mean any interest, including a carried Working Interest, held in lands by virtue of fee title, including lands held in trust, or by virtue of any lease, operating agreement or otherwise, under or pursuant to which the owner of such interest has the right to drill for, develop and produce oil and gas. ARTICLE 2 EXHIBITS 2 . 1 Exhibits. Attached hereto are the following exhibits incorporated herein by reference : 2. 1. 1 Exhibit "A" is a map of a portion of Huntington Avenue Area of the Huntington Beach Oil Field, showing the Eligible Lands enclosed by a heavy black dashed line. 2 . 1.2 Exhibit "B" will be a schedule describing each Tract committed to this agreement and showing its Tract Participation hereunder as of the effective date of this agreement. Within forty-five (45) days after the effec- tive date hereof, Unit Operator shall prepare said sche- dule Exhibit "B" showing the Tract numbers, the Tract descriptions and such Tract Participations based upon 3 the formula hereinafter set forth in Article 5, and attach said Exhibit "B" to this agreement and furnish each Party Hereto with a copy thereof and file the same for record with the County Recorder of Orange County, California. 2.2 Reference to Exhibits. Whenever in this agreement reference is made to any of said exhibits, such reference shall mean said exhibits as originally attached hereto or as originally authorized to be attached hereto; or if the same have been re- vised, it shall mean the latest revision thereof. 2.3 Exhibits Considered Correct. Said exhibits for all purposes of this agreement shall be considered as true and cor- rect unless and until they are revised or corrected as herein provided. 2.4 Correcting Errors. The descriptions of the respec- tive Tracts will be established using the best information available. In the event it subsequently appears that any Tract should, because of diverse Royalty Interest or Working Interest ownership on the effective date hereof, be divided into more than one Tract, or that any mechanical miscalculation has been made, Unit Operator, with the approval of Working Interest owners, may correct such mistake by revising the exhibits to . conform to the facts. Each such revision of exhibits, if made after this agreement becomes effective, shall be effective at 12 :01 o' clock A.M. on the first day of the calendar month next following the filing for record of the exhibit relating thereto w or on such subsequent date as is determined by Working Interest owners. Any such revision made prior to the effective date hereof shall be effective on the effective date. 2.5 Filing Revised Exhibits. If and when the exhibits, or any revision thereof, are revised pursuant to this agreement, Unit Operator shall certify and file the revised exhibits for record with said County Recorder. ARTICLE 3 CREATION AND EFFECT OF UNIT 3. 1 Production Unitized. Subject to the terms and condi- tions of this agreement, all of the rights of the Parties Hereto in and to all Unitized Substances are hereby unitized for the purpos.es and upon the conditions herein set forth. 3.2 Personal Property Excepted. Lessees of the lands inside the heavy black dashed line on Exhibit "A" prior to the effective date hereof have each individually heretofore placed 40 in or on their wells and in or on lands affected by this agree- ment, various items of personal property which are lease and well equipment, as to all of which, said parties have the right, 4 as provided in their respective leases, to remove such property from the premises. Said parties except from the terms and pro- visions of this agreement, and hereby sever from said lands, for all purposes, all such lease and well equipment which may be or may hereafter become located in or on the lands or in the wells on the lands affected hereby. Said parties have made separate agreements with Unit Operator with respect to the use of said equipment in the unit operations hereunder. 3.3 Amendment of Leases. The terms and provisions of the various leases, agreements or other instruments covering the respective Tracts are hereby modified and amended to the extent necessary to make them conform to the terms and provisions of this agreement, but otherwise are to remain in full force and effect. 3.4 Continuation of Leases. Operations, including drilling operations, conducted with respect to the Unitized Formations on any part of the Unit Area, or production from any part of the Unitized Formations, shall, except for the purpose of deter- mining payments to Royalty Interest owners, be considered as operations upon or production from each Tract and such opera- tions or production shall continue in force and effect each lease just as if such operations had been conducted and a well had been drilled on and was producing from each such Tract. Each such lease shall remain in force and effect so long as this agreement remains in force and effect. 3.5 Titles Unaffected by Unitization. Nothing herein shall be construed to result in or require a transfer of title to any land or lease or interest therein, or to the oil and gas rights of any of the Parties Hereto or to Unit Operator, other than the right to exercise such oil and gas rights and to share in the Unitized Substances or the proceeds therefrom to the extent and manner herein provided. The Working Interest owners shall have an undivided interest in Unitized Substances in pro- portion to their Unit Participations until such Unitized Sub- stances are delivered to or for the account of the Working Interest owners, after which time the Unitized Substances so delivered shall be severally owned by the Working Interest owners of the respective Tracts subject to the provisions of any then existing leases and other contracts. 3.6 Injection Rights. Royalty Interest owners hereby grant unto orking Interest owners and to Unit Operator the right to inject into the Unitized Formations any substances in whatever amounts the Working Interest owners and Unit Operator deem expedient or advisable, including the right to place and maintain injection wells on the Unit Area and to use producing or abandoned oil or gas wells for said -purposes, or to do any or all of the foregoing. 5 ARTICLE 4 OPERATIONS 4. 1 Unit Operator. Unit Operator shall have the exclu- sive possession of all wells and all oil field equipment in the Unit Area and the exclusive right to develop, operate and abandon the Unit Area for the production of Unitized Substances and shall have all the development and operating rights of the Working Interest owners in the Unit Area. Such operations shall be conducted in conformity with the provisions of this agree- ment. 4.2 Costs of Unit Operation. Subject to the provisions of Article 13 hereof all costs and expenses of the development, operation and abandonment of the Unit Area pursuant to the provisions of this agreement shall be borne by the Working Interest owners. Unit Operator and the Working Interest owners shall keep the Unit Area free from all liens and encumbrances occasioned by operations under this agreement. 4.3 Operating Methods. To the end that the quantity of Unitized Substances ultimately recoverable may be increased and waste prevented, Unit Operator shall, with diligence and in accordance with good engineering and production practices, engage in water flooding operations utilizing certain of the producing and/or idle wells as input wells on a modified pattern type water flood. Should it become necessary or advantageous, Unit Operator shall have the right to make cooperative agree- ments with other operators operating offsetting lands in order to accomplish said water flooding program. 4.4 Change of Operating Methods. Such other methods of operation as may from time to time be determined by Unit Operator to be feasible, necessary or desirable to efficiently and economically increase the ultimate recovery of Unitized Substances may be conducted by Unit Operator. Nothing herein contained shall prevent Unit Operator from discontinuing or changing in whole or in part any particular method of operation if, in its opinion, such method of operation is not economic or is no longer in accord with good engineering or production practices. ARTICLE 5 TRACT PARTICIPATION 5. 1 General Statement. The Tract Participation of each Tract shall be based one-third (1/3) upon the number of wells on each Tract, one-third (1/3) upon the value of the production from each Tract during a certain period, and one-third (1/3) 6 upon the surface area of each Tract, calculated in the manner set forth in this Article 5. 5.2 Calculation. The Tract Participation of each Tract shall be determined by Unit Operator within forty-five (45) days after the effective date hereof. Unit Operator shall : 5.2. 1 Wells. Determine the number of wells within the Unit Area and within each Tract producing Unitized Sub- stances, or capable of producing Unitized Substances as of the effective date hereof; 5.2.2 Production. Determine from the run tickets and other acceptable evidence of sale or delivery, and bearing dates within the six (6) month period immediately preceding the effective date hereof, the number of barrels of oil, and the gravities thereof, produced and sold during said six (6) month period from wells located within the area which con- stitutes the Unit Area as of the effective date hereof, and producing from the Unitized Formations. Unit Operator shall also determine the number of barrels of such oil produced and sold during said six (6) month period from wells located on each Tract within said area and producing from the Unitized Formations; 5.2.3 Value of Production. Using the Standard Oil Company of California' s crude oil posted price schedule for crude oil purchases in the Huntington Beach Oil Field in effect as of the effective date hereof, and the production and gravity data referred to in Section 5.2.2, Unit Operator shall determine the value of such oil produced and sold from each Tract within said area during said six (6) month period and the total value of all such oil produced and sold from all such Tracts during said six (6) month period. 5.2.4 Acreage. Determine the number of acres, or frac- tions thereof, within the Unit Area and within each Tract as of the effective date hereof. Such calculations shall be made by using the measurements of distances shown on recog- nized maps of the area and no survey shall be used. Lot and parcel lines shall be deemed to extend to the center lines of adjoining streets and alleys. 5.2.5 Ratio of Wells. Determine the ratio, expressed in per cent, between a the number of such wells on each Tract and (b) the number of such wells on all Tracts. One- third (1/3) of such percentage so obtained shall be credited to such Tract. 5.2 .6 Ratio of Value. Determine the ratio, expressed in per cent, between (a) e value of the oil produced and sold from each Tract as determined under Section 5.2.3 and (b) the value of the oil produced and sold from all Tracts, as determined under Section 5.2.3. One-third (1/3) of such percentage so obtained shall be credited to such Tract. 7 5.2.7 Ratio of Acreage. Determine the ratio, ex- pressed in per cent, between (a) the number of acres or fractions thereof in each Tract and (b) the number of acres or fractions thereof in all Tracts committed to this agreement. One-third (1/3) of such percentage so obtained shall be credited to each such Tract. 5. 3 Tract Participation. The Tract Participation of each Tract shall be the sum of the three separate percentage credits provided for in Sections 5.2.5, 5.2.6 and 5.2.7. 5.4 Relative Tract Participations. Whenever the Unit Area is enlarged as herein provided or, or reduced by failure of title to a Tract, the revised Tract Participations of the respec- tive Tracts included within the Unit Area prior to such enlarge- ment or reduction shall remain in the same ratio one to another. ARTICLE 6 ALLOCATION OF UNITIZED SUBSTANCES 6. 1 Allocation to Tracts. All Unitized Substances produced and saved shall be appor ione among and allocated to the several Tracts within the Unit Area in accordance with the respective Tract Participations effective hereunder during the respective periods such Unitized Substances were produced, as set forth in Exhibit "B"; provided, however, such Unitized Substances as are used or consumed or lost in the operation or development of the Unitized Formations or incident to the conduct of repressuring operations in the Unitized Formations, or which may be otherwise used, consumed or lost in the production, handling, dehydration, transportation or storing of Unitized Substances, or which are returned to the Unitized Formations, shall be excluded from any allocation and shall be free from royalty. 6.2 Distribution within Tracts. Except as otherwise pro- vided in any assignment or agreement reserving a net profit overriding royalty, the Unitized Substances allocated to each Tract shall be distributed among, or accounted for to, the parties entitled to share in the production from such Tract in the same manner, in the same proportions, and upon the same conditions as such parties would have participated and shared in the production from such Tract, or in the proceeds thereof, had this agreement not been entered into, and with the same legal force and effect. 6.3 Taking Unitized Substances in Kind. The Unitized Substances allocated to each Tract shall be -delivered in kind to the respective parties entitled thereto by virtue of the ownership of oil and gas rights therein or by purchase from such owners. All Unitized Substances shall be divided among Working Interest owners in such manner that each Working Interest owner shall receive currently, oil of as nearly as practicable like gravity and quality, and wet gas, if any, of as nearly as practicable like quality, to that received by the other Working Interest owners; and to the extent that such division is 8 impracticable, methods of making periodic adjustments to equalize, in accordance with sound and fair practices in the industry, the division of such Unitized Substances among Working Interest owners as aforesaid shall be placed in opera- tion by Unit Operator. Such parties shall have the right to construct, maintain and operate within the Unit Area all necessary facilities for that purpose, provided the same are so constructed, maintained and operated as not to interfere with operations carried on pursuant hereto. Any extra expendi- tures incurred by Unit Operator by reason of the delivery in kind of any portion of the Unitized Substances shall be borne by the party receiving the same in kind. 6.4 Failure to Take in Kind. To the extent that any party entitled to take and receive in kind any portion of the Unitized Substances shall fail to take or otherwise adequately dispose of the same currently as and when produced, then so long as such conditions continue, Unit Operator, as agent and for the account and at the expense of such party shall, in order to avoid curtailing the operation of the Unit Area, dis- pose of such production on a day-to-day basis, and subject to revocation at will, in any reasonable manner Unit Operator sees fit, and the account of such party shall be charged therewith as having received the same. The proceeds, if any, of the Unitized Substances so disposed of by Unit Operator shall be paid to the party entitled thereto. 6.5 Responsibility for Royalty Settlements. Any party receiving in kind or separately disposing of all or part of the Unitized Substances allocated to any Tract shall be re- sponsible for the payment of, and shall indemnify all other parties, including Unit Operator, against any liability for any and all royalties, overriding royalties, net profits, pro- duction payments and any and all other payments chargeable against or payable out of such Unitized Substances or the proceeds therefrom. All such payments shall be based, credited, delivered, and paid solely upon the Unitized Substances allo- cated and delivered under the provisions of this agreement to the Working Interest owners in the particular Tract affected by any lease or other agreement which is subject to such Royalty Interest; provided, however, if in any case the royalty rate under any lease or agreement depends upon the production per well over any specified period of time, said production per well shall be computed by dividing the production allocated to such Tract during such period by the number of producing wells, on such Tract as of the date such Tract is committed to this agreement. If no such well is located on such Tract, such Tract shall be deemed to contain one well. The Unitized Substances allocated to any Tract shall, for all the purposes of any lease or agreement covering such Tract, be deemed to be the sole and complete amount of oil, gas and other hydrocarbon substances produced from such Tract irrespective of the loca- tion of the wells or the producing intervals from which such 9 Unitized Substances are produced. Any Royalty Interest owner who, but for this agreement, would have been entitled to take in kind a share of the oil, gas or other hydrocarbon substances produced from a Committed Tract, shall only be entitled to take in kind the same share of Unitized Substances delivered to the ` Working Interest owners of such Tract. 6.6 Reduction of Royalties. In the event that on the effective date o t is agreement royalties, overriding royalties, and other payments out of production from any Tract (other than the net profits overriding royalty reserved to any assignor in any assignment of the Working Interest in such Tract made con- currently with, or after, the effective date hereof) totals more than twenty-five per cent (25%) of the gross amount of the unitized oil allocated to such Tract hereunder in any one month, then each such Royalty Interest owner in such Tract hereby agrees that its said Royalty Interest in such Tract shall, concurrently with the effective date hereof and thereafter during the term of this agreement, be reduced proportionately with all other such Royalty Interests in such Tract so that the gross amount of royalty (other than the net profits overriding royalties above referred to), payable to all such Royalty Interest owners in any one month on unitized oil allocated to such Tract during any one month shall not exceed twenty-five per cent (25%) of the gross amount of unitized oil so allocated to any such Tract in any one month. 6. 7 Royalty on Outside Substances. If any Outside Substance is injected into the Unit-i-E-e-ff Formations, one hundred per cent (100%) of the value of any like substance contained in Unitized Substances subsequently produced and sold, or used for other than operations hereunder, shall be deemed to be an Out- side Substance until the aggregate value of said one hundred per cent (100%) equals the accumulated value of such Outside Substance injected into the Unitized Formations. No payments shall be due or payable to Royalty Interest owners on any sub- stance which is classified hereby as an Outside Substance. ARTICLE 7 USE OR LOSS OF UNITIZED SUBSTANCES 7. 1 Use of Unitized Substances. Unit Operator may use as much of the Unitized Substances as He deems necessary for the operation and development of the Unit Area, including but not limited to the injection thereof into the Unitized Formations. 7.2 Royalty Payments. No royalty, overriding royalty, net profits royalty, production or other payments shall be pay- able upon or with respect to Unitized Substances used or con- sumed in the operation or development of the Unit Area or which may be otherwise lost or consumed in the production, handling, treating, transportation or storing of Unitized Substances. 10 ARTICLE 8 COMMITMENT OF TRACTS - ENLARGEMENT OF UNIT AREA 8. 1 Unit Area. The Unit Area shall be composed of the Committed Tracts. 8.2 Commitment. A Tract shall be committed to this agree- ment when any of the following have occurred : 8.2. 1 when Option Owners owning option rights cover- ing one hundred per cent (100J) of the Working Interest in such Tract have executed, approved, ratified or consented to this agreement and when Royalty Interest owners (other than the net profits overriding royalty reserved to any assignor in any assignment of the Working Interest in such Tract made concurrently with, or after, the effective date hereof) owning seventy-five per cent (75%) or more of such Royalty Interest in such Tract have executed, approved, ratified or consented to this agreement; and/or 8.2.2 when Option Owners owning option rights cover- ing one hundred per cent (10(f) of, or covering less than one hundred per cent (10(%) of, the Working Interests in such Tract, have executed, approved, ratified or consented to this agreement, regardless of the percentage of Royalty Interest therein committed hereto, and Franwin has determined that such Tract can be successfully operated under this agree- ment without the ap roval of the percentage of interests set out in Section �.2. 1 hereof. Upon making such deter- mination, Franwin shall file a written and acknowledged declaration in the office of said County Recorder that such Tract has been committed to this agreement. 8. 3 Subsequent Joinder. After the effective date hereof a Non-Committed Tract may be committed to this agreement only upon such terms and conditions as may be negotiated by the Working Interest owners of the Committed Tracts and the Working Interest owner or owners of such Non-Committed Tracts. Any such joinder shall be effective as of 12 :01 o' clock A.M. the first day of the month next following the date of the commit- ment of such Tract to this agreement and no retroactive adjust- ment of production shall be made. No such Non-Committed Tract shall be admitted to this agreement with a Tract Participation greater than that provided for in Article 5 hereof and there shall be no retroactive allocation or adjustment of Unitized Substances theretofore produced. The owner of an interest in any Committed Tract who has not joined in this agreement as of the effective date hereof, may join in this agreement at any time after the effective date hereof by executing this agreement or by approving, ratifying or consenting to this agreement. 11 8.4 Enlargements of Eligible Lands or Unit Area. The Eligible Lands may be enlarged to include additional acreage outside the heavy black dashed line on Exhibit "A" containing productive portions of the Jones Sand and Stray Sand referred to in Section 1. 12. Such enlarged area of the Eligible Lands or portions thereof may be committed to this agreement and become Tracts within the Unit Area. Any such enlargement of the Eligible Lands and inclusion of additional lands within the Unit Area shall be under such terms and conditions as are determined by the Working Interest owners, including but not limited to the following: 8.4. 1 Such acreage included within the Unit Area shall qualify for commitment to this agreement in accord- ance with the provisions of Section 8.2 hereof. 8.4.2 The Tract Participation of any such Tract added to the Unit Area shall not exceed a Tract Partici- pation determined in accordance with provisions of Article 5 hereof. 8.4.3 There shall never be any retroactive alloca- tion or adjustment of Unitized Substances theretofore produced by reason of an enlargement of the Unit Area. 8.5 Revision of Exhibits. In the event of subsequent joinder of a Non-Committed Tract or other enlargement of the Unit Area, Unit Operator shall, subject to Section 5.4, re- compute the Tract Participation of each Tract within the Unit Area as enlarged and shall revise Exhibits "A" and "B" accordingly. 8.6 Effective Date of Subsequent Joinder. The effective date of any subsequent joinder or enlargement of the Unit Area shall be 12 :01 o' clock A.M. of the first day of the month next following the date of the commitment of such additional Tract to this agreement. ARTICLE 9 TITLES 9. 1 Removal of Tract from Unit Area. In the event a Tract ceases to have sufficient Working Interest owners or Royalty Interest owners committed to this agreement to meet the conditions of Article 8 because of failure of title of any Party Hereto, such Tract shall be eliminated from the Unit Area as of the first day of the calendar month in which such failure of title is finally determined; provided, however, that a Tract shall not be removed from the Unit Area if, within ninety (90) days of the date of final determination of the failure of title, Working Interest owners and Royalty Interest owners becor.2 parties to this agreement in sufficient numbers 12 to meet the qualifying provisions of Section 8.2. 1 or the Tract otherwise qualifies under the provisions of Section 8.2.2. 9.2 Revision of Exhibits. In the event any Tract is eli- minated from the Unit Area because of the failure of title pur- suant to the provisions of this Article, Unit Operator shall recompute the Tract Participation of each of the Tracts remaining in the Unit Area and shall revise Exhibit "B" accordingly. Said revised exhibit shall be effective as of the first day of the calendar month in which such failure of . title is finally determined. 9.3 Royalty Interest Titles. If title to a Royalty Interest fails, but the Tract to which it relates is not elimi- nated from the Unit Area, the party whose title failed shall not be entitled to share hereunder in respect to such interest. 9.4 Production where Title in Dispute. If the title or right of any person claiming the right to receive in kind all or any portion of the Unitized Substances allocated to a Tract is in dispute, Unit Operator at the discretion of Working Interest owners shall either: 9.4. 1 require that the person or persons to whom such Unitized Substances are delivered or to whom the pro- ceeds thereof are paid, to furnish security for the proper accounting therefor to the rightful owner or owners in the event the title or right of such person or persons shall fail in whole or in part, or 9.4.2 withhold and market the portion of Unitized Substances with respect to which title is in dispute, and impound the proceeds thereof until such time as the title or right thereto is established by a final ,judgment of a court of competent ,jurisdiction or otherwise to the satisfaction of Working Interest owners, whereupon the proceeds so impounded shall be paid to the person or persons rightfully entitled thereto. 9.5 Failure of Production. The failure of production of Unitized Subs ances rom any Tract shall not operate to reduce or otherwise affect the Tract Participation of such Tract, or the Unit Participation of the Working Interest owner of any such Tract, or the rights of Royalty Interest owners in such Tract. No person shall be deemed to have lost status as a Working Interest owner or Royalty Interest owner by reason of any termination of title resulting from such failure of pro- duction. ARTICLE 10 EASEMENTS, SURFACE AND SUBSURFACE USE 10. 1 Grant of Rights. The Parties Hereto, to the extent 13 of their rights and interests in lands within the Unit Area, hereby grant to Unit Operator, and his successors as Unit Operator the following rights : 10.1. 1 Use of Surface. The right to use as much • of the Unit Area as may be reasonably necessary for the operation and development of the Unit Area hereunder, and 10. 1.2 Wells. The right to drill and maintain new wells, and to convert and rework existing wells, within the Unit Area and in and to the Unitized Formations, and operate such wells for the purpose of injecting water into the Unitized Formations to the extent Unit Operator may deem necessary or desirable in conducting operations by water drive for the production of oil, gas or other hydrocarbons under this agreement. 10. 1.3 Water Flooding. The right to flood the Unitized Formations by injection of water therein by means of water injection wells in connection with con- ducting operations by water drive for the production of oil, gas and other hydrocarbons under this agreement. 10. 1.4 Production of Saline Water. The right to drill and maintain new wells, and to convert and rework existing wells, within the Unit Area and in and to sands and zones other than the Unitized Formations to the ex- tent that Unit Operator may deem necessary or desirable for the production of saline water to be used by Unit Operator for injection purposes in carrying out opera- tions by water drive pursuant to the provisions of this agreement, with the right to use free of charge so much of such saline water produced by Unit Operator as may be required for said purposes. excepting that nothing herein contained shall authorize Unit Operator to locate or maintain any well or other surface facility at a place or in a manner which is not permitted under the provisions of any lease, sublease or other contract made subject to this agreement. The rights herein granted shall continue during the term of this agreement. 10.2 Surface Damages. The Working Interest owners shall pay the rightful owners for damages to houses, fences, and all other improvements and structures on the Unit Area resulting from operations hereunder. ARTICLE 11 TRANSFER OF INTEREST 11. 1 Agreement is a Covenant. All of the terms and provisions of this agreement sha 1 extend to, be binding upon 14 and inure to the benefit of the respective heirs, devisees, legal representatives, successors and assigns of the Parties Hereto, and shall constitute a covenant running with the lands, leases and interests covered hereby. v 11.2 Effect of Transfers. Any transfer, assignment, hy- pothecation, or conveyance of all or any part of any interest owned by any Party Hereto with respect to any Tract shall be made expressly subject to this agreement. No such transfer, assignment or conveyance with respect to any Tract shall be binding for any purpose upon any Party Hereto other than the party so conveying the same until the first day of the calendar month next succeeding the date of receipt by the Unit Operator and all Working Interest owners of such Tract of a photostatic copy of, or a certified copy of, the recorded instrument, or other proper document if not entitled to recordation, suffi- ciently evidencing such change in ownership, and the parties to any such transfer, assignment, or conveyance shall be re- mitted to such accounting between or among themselves as may be appropriate in the premises. 11.3 Automatic Transfer of Participating Interest. Sub- ject to the provisions of Section 11.2 hereof, any transfer, conveyance or assignment (whether voluntary or by operation of law or otherwise), or hypothecation (whether by mortgage, deed of trust, pledge or otherwise) of all or any part of the oil and gas rights in, the Unitized Formations in, or of the Unitized Substances produced or to be produced from or allo- cated to, any Tract shall, unless otherwise expressly provided in such instrument, without any other act or further agreement on the part of any Party Hereto, transfer, convey, assign or hypothecate, as the case may be, that portion of the Tract Participation of the Tract allocable to such interests so trans- ferred, conveyed, assigned or hypothecated, and the transferee, assignee or purchaser on any such transfer, sale or assignment, or sale upon foreclosure, or sale under trust shall succeed to all interests and be bound by any obligations under this agree- ment attributable to such interests so transferred, conveyed, assigned or. hypothecated. 11.4 Waiver of Rights to Partition. Each Party Hereto covenants tHat during the existence of his agreement, such party will not resort to any action at law or in equity to partition the Tracts, the Unitized Formations, or any interest therein, and to that extent each party waives the benefits of all laws which may now or hereafter authorize such partition. ARTICLE 12 RELATIONSHIP OF PARTIES 12.1 No Partnership. The duties, obligations, and lia- bilities of the Parties Hereto are intended to be several and not ,joint or collective, and nothing herein contained shall 15 ever be construed to create an association, trust or partner- ship or impose a trust or partnership duty, obligation or liability on or with regard to any one or more of the Parties Hereto. Each Party Hereto shall be individually responsible for its own obligations as herein provided. 12.2 No Sharing of Market. Nothing in this agreement shall be construed as providing, directly or indirectly, for any cooperative refining or joint sale or cooperative marketing of Unitized Substances or the products thereof. 12.3 Royalty Interest Owners Free of Costs. It is under- stood and agreed that, subject to the provisions of Article 13 hereof, this agreement shall never be construed as imposing upon any Royalty Interest owner any obligation to pay for any development or operating expense hereunder unless such Royalty Interest owner is obligated to pay for the same by the terms of any lease, or other agreement, but this agreement shall not relieve any Royalty Interest owner of any obligation he might otherwise have to pay or contribute toward any development or operating expenses under or pursuant to any lease or agreement =. other than this agreement. 12 .4 Information to Royalty Interest Owners. Each Royalty Interest owner shall be entitled to all information in possession of Unit Operator to which such Royalty Interest owner is entitled by his existing agreement with any Working Interest owner with the express stipulation that if, by reason of this agreement, such information is not available, the nearest approximation or equivalent of such information shall be made available. ARTICLE 13 TAXES -- DEHYDRATION 13. 1 Allocation of Royalty Interest Owners ' Share of Taxes. If, by the terms of any lease or other agreement pertaining to a Tract any Royalty Interest owner is required to pay, or any Working Interest owner is entitled to deduct from any Royalty Interest owner' s interest, a share of any tax, assessment or governmental charge, or of any increase in tax resulting from a discovery of oil, gas or other hydrocarbons, or any severance or other tax based upon production, then and in that event the Royalty Interest owner' s share of such tax, assessment, charge or increase in tax with respect to the Unitized Formations under- lying a Tract or with respect to the Unitized Substances produced from such Tract shall be deemed to be the Royalty Interest owner's proportionate share, under such lease, or agreement, of the Tract Participation share of the total of all taxes, assess- ments, charges and tax increases of like nature allocated to �• the Tract in which such Royalty Interest owner holds an interest. 16 13.2 Treating and Dehydration. The Working Interest owner in each Tract within the Unit Area shall have the right to deduct from the royalty payable to any Royalty Interest owner in each such Tract (other than net profits interests) a treating and dehydration charge of five cents (5�) per barrel ` for each barrel of oil on which such royalty is based. Under no circumstances shall such charge exceed five cents (5¢) per barrel. ARTICLE 14 LAWS AND REGULATIONS 14. 1 Laws and Regulations. This agreement shall be sub- ject to all valid laws of the State of California, and all the valid rules, regulations and orders of the Oil and Gas Supervisor of the State of California, and to all other valid and applicable federal, county and municipal laws, rules, regulations and orders. It is not the intention of this agreement to limit, restrict, or prorate unit production. ARTICLE 15 EFFECTIVE DATE 15 . 1 Execution. This agreement shall become binding upon each Party He eto who executes, approves, ratifies or consents to this agreement as of the date of such execution, approval, ratification or consent by such party. 15 . 2 Effective Date. This agreement shall become effective as to all Committed Tracts as of 7 :00 o' clock P.M. of the day on which the last of all of the following events have occurred : 15 .2 . 1 the approval of this agreement by the Oil and Gas Supervisor of the State of California pursuant to the provisions of Section 3301 of the Public Resources Code of the State of California; 15.2.2 the commitment to this agreement, in the manner provided for in Section 8.2 hereof of Tracts totalling at least fifty per cent (50%) of the surface area shown within the heavy black dashed line on Exhibit "A" and Franwin shall have filed with the County Recorder of said county a state- ment that sufficient Tracts have been committed to this agreement to warrant proceeding with the unit operation thereof under this agreement, and that this agreement has become effective. 15.2 . 3 the filing by Unit Operator of at least one counterpart of this agreement for record in the Office of the County Recorder of Orange County, California. 17 Unless this agreement becomes effective pursuant to the fore- going on or before August 1, 1963, or such later date, not ex- ceeding six (6) additional months, as may be stipulated in writing by the Option Owners owning option rights in the Tracts committed to this agreement as of the said last mentioned date, then this agreement shall be of no further force or effect whatsoever. Within ten (10) days after the effective date here- of Unit Operator shall in writing notify all Parties Hereto of said effective date. 15.3 Oil and Tanks on Effective Date. Unit Operator shall notify all Optionors and Working Interest owners at least five (5) days in advance of the effective date hereof of the fact that this agreement will become effective and stating that this agreement will be placed in effect. Any oil remaining in lease tanks on the effective date hereof shall become a Unitized Sub- stance hereunder. ARTICLE 16 TERM 16. 1 Term. The term of this agreement shall be for and during the time that Unitized Substances are produced in paying quantities and as long thereafter as drilling, reworking, re- pressuring or other operations are prosecuted without cessation of more than ninety (90) consecutive days, unless sooner termi- nated by Working Interest owners in the manner hereinafter provided. 16. 2 Termination by Working Interest Owners. This agree- ment may be term nated y orking Interest owners owning seventy- five per cent (75%) Unit Participation whenever such Working Interest owners determine that unit operations are no longer profitable, feasible or in the interest of conservation. 16. 3 Declaration of Termination. Upon the termination of this agreement, the Unit Operator shall cause to be recorded in the Office of the County Recorder of Orange County, a declara- tion, executed by the Unit Operator, that this agreement has terminated. The filing for record of such declaration of termina- tion shall have the effect of quitclaiming and relinquishing to the persons entitled thereto any right, title and interest ac- quired by virtue of and pursuant to the terms and provisions of this agreement, or any approval of, ratification of, consent to or joinder in this agreement, but shall not affect any other right, title or interest which any Party Hereto may otherwise have in any Committed Tract other than pursuant to this agree- ment. 16.4 Effect of Termination. Upon termination of this agreement, the further development and operation of the Unit Area as a unit shall be abandoned, unit operations shall cease, and 18 thereafter the Parties Hereto shall be governed by the terms and provisions of the leases and contracts affecting the separate Tracts just as if this agreement had never been entered into . 16.5 Equipment Upon Termination. The termination of this agreement shall not affect the respective ownership, if any, of the parties to this agreement in unit facilities or other personal property used in unit operations whether acquired by virtue of or pursuant to the terms of this agreement, or otherwise. The owners of unit facilities and other personal property and facilities used in connection with unit operations shall have a period of four (4) months after the termination of this agreement in which to •remove such facilities and property. 16.6 Extension of Leases Upon Termination. Upon termina- tion of this agreement, no lease or other contract affecting operating rights in a Tract shall terminate for failure to cure a default then existing or on account of lack of development, operation or production, if within ninety (90) days after the termination of this agreement, operations are commenced and thereafter carried on diligently to cure such default pursuant to the terms of such lease or contract. ARTICLE 17 COUNTERPART 17. 1 Separate Counterparts or Ratifications . This agree- ment may be executed in any number of counterparts, and each executed counterpart shall have the same force and effect as an original instrument and as if all of the parties to the aggregate counterparts had signed the same instrument; or this agreement may be approved, ratified or consented to in a form approved by the Working Interest owners. Each such approval, ratification or consent shall have the force and effect of an executed counterpart hereof and adopting by reference all of the provisions hereof. 17.2 Joinder in Dual Capacity. It shall not be necessary for parties owning both Working Interests and Royalty Interests to execute this agreement in both capacities in order to commit both classes of interests. Execution hereof by any such party in one capacity shall also constitute execution in the other capacity. It shall not be necessary for parties owning a Royalty Interest or a Working Interest in more than one Tract to execute this agreement more than once in order to commit its _ Royalty Interests and Working Interests in all Tracts. Any party executing this agreement who is a purchaser of oil or gas produced from Committed Tracts shall not bind itself in the capacity of such purchaser or affect or impair any contract it may have as such purchaser unless otherwise agreed to in writing. 19 17.3 Signature Page. Any signature page of this agree- ment may be detached by the Unit Operator from any counterpart of this agreement without impairing the legal effect of any signatures thereon, and may be attached to another counterpart of this agreement identical in form hereto but having attached to it one or more additional signature pages. 17.4 Acknowledgments. In the execution of this agreement, each Party Hereto shall furnish such acknowledgments and certi- fications as may be necessary to duly record in Orange County its execution or approval hereof. ARTICLE 18 MISCELLANEOUS 18. 1 Force Majeure. All obligations of each Party Hereto, except for the payment of money, shall be suspended while said party is prevented from complying therewith, in whole or in part, by strikes, lockouts, fire, war, civil disturbances, acts of God, federal, state, county or municipal laws, orders or regulations, inability to secure materials, unavoidable accidents or other causes beyond the reasonable control of said party, whether or not similar to the matters herein specifically enumerated; pro- vided, however, that performance shall be resumed within a rea- sonable time after such cause has been removed, and provided further that no Party Hereto shall be required against its will to adjust or settle any labor dispute. This agreement or the leases or other interests subject hereto shall not be terminated by reason of suspension of unit operations due to the aforesaid causes. Neither Unit Operator or any Party Hereto shall incur any liability hereunder by reason of compliance in good faith with any such law, rule, regulation or order, irrespective of whether it is subsequently determined to be invalid or inappli- cable. 18.2 Further Documents. The Parties Hereto agree to exe- cute and deliver to the party entitled thereto such other docu- ments of further assurance as may be necessary or appropriate in the premises. 18. 3 Amendments. Amendments hereto relating wholly to Working Interest owners or made pursuant to Section 2 .4 may be made solely by the Working Interest owners. 18.4 Notices. Any notice required or permitted to be given to a Part Hereto shall be deemed to have been given twenty-four (24� hours after such notice is deposited in the United States mail as registered or certified mail, with postage thereon fully prepaid, addressed to such party at its address set forth under its signature to this agreement or to its approval, ratification or consent hereto, or when such notice is filed as a telegram with the Western Union Telegraph Company or any successor in interest of said telegraph company, addressed 20 as above provided with all charges thereon fully prepaid, pro- vided, however, if any action based upon such notice may be taken within twenty-four (24) hours, such notice shall be deemed given when received Any notice given in any other fashion shall be deemed to have been given when actually re- ceived by the addressee. A Party Hereto may change its address by giving wrijtten notice thereof to Unit Operator, and if such party is a Wor-king Interest owner, also to each other Working Interest owner. 18.5 Gender. As used herein, whenever the context so requires, the neuter gender includes the masculine and the feminine, and the singular includes the plural and vice versa. 18.6 Successors and Assigns. The terms, provisions and conditions hereof shall be binding upon and inure to the bene- fit of the respective heirs, administrators, executors, suc- cessors and assigns of the Parties Hereto. 18.7 Headings. The table of contents contained in this agreement and the title headings of the respective articles and sections of this agreement are inserted for convenience only, and shall not be deemed to be part of this agreement or considered in construing this agreement. IN WITNESS WHEREOF, each Party Hereto has caused this agreement to be executed with respect to the lease referred to opposite its name upon the date set opposite its name. W. S. Payne, Jr. , doing business under the firm name of Franwin Oil and Gas Company, as Unit Operator 21 ATTACHED TO AND MADE A PART OF THE UNIT AGREEMENT, JONES SAND ZONE and STRAY SAND ZONE HUNTINGTON AVENUE AREA OF THE HUNTINGTON BEACH OIL FIELD ORANGE COUNTY, CALIFORNIA Lease Names : Option Owner J` which leases will be described in and be given a Tract num- ber in Exhibit "B" . 1962 STATE OF s s. COUNTY OF On before me, the undersigned, a Notary Public in and for sai ounty and State, personally appeared , known to me to be the person whose name is subscribed to the within instru- ment, and acknowledged that he executed the same. Notary Public in and for said County and State ATTACHED TO AND MADE A PART OF THE UNIT AGREEMENT, v' JONES SAND ZONE and STRAY SAND ZONE HUNTINGTON AVENUE AREA OF THE HUNTINGTON BEACH OIL FIELD - ORANGE COUNTY, CALIFORNIA Lease Name : Working Interest owner which lease will be described in and be given a Tract num- ber in Exhibit "B" . Address : 1962 STATE OF ss. COUNTY OF On before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument, and acknowledged that he_ executed the same, Notary Public in and for said County and State s ATTACHED TO AND MADE A PART OF THE UNIT AGREEMENT, JONES SAND 'ZONE and STRAY SAND ZONE HUNTINGTON AVENUE AREA OF THE HUNTINGTON BEACH OIL FIELD ORANGE COUNTY, CALIFORNIA Lease Name : Royalty Interest owner which lease will be described in and be given a Tract num- ber in Exhibit "B" . Address : 1962 STATE OF ss. COUNTY OF On , before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument, and acknowledged that _he_ executed the same. Notary Public in and for said County and State v 1 ATTACHED TO AND MADE A PART OF THE UNIT AGREEMENT, W JONES SAND ZONE and STRAY SAND ZONE HUNTINGTON AVENUE AREA OF THE HUNTINGTON BEACH OIL FIELD ORANGE COUNTY, CALIFORNIA Lease Name: Royalty Interest owner which lease will be described By in and be given a Tract num- General Partner ber in Exhibit "B" . 1962 Address : STATE OF ss. COUNTY OF On before me, the undersigned, a Notary Public in and for said County and State, personally appeared , known to me to be one of the partners of the partnership that executed the within instrument, and acknowledged to me that such partner- ship executed the same. Notary Public in and for said County and State ATTACHED TO AND MADE A PART OF THE UNIT AGREEMENT, v JONES SAND ZONE and STRAY SAND ZONE HUNTINGTON AVENUE AREA OF THE HUNTINGTON BEACH OIL FIELD ORANGE COUNTY, CALIFORNIA Lease Name : Royalty Interest owner which lease will be described By in and be given a Tract num- President ber in Exhibit "B" 1962 Attest : Secretary Address : ,- STATE OF ss. COUNTY OF On before me, the undersigned, a Notary Public in and for said County and State, personally appeared , known to me to be the President, an , known to me to be the Secretary of the corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. Notary Public in and for said `" County and State /60'Sa06 o/t of Akpc/q M 1 MAGNOLIA AVE \ v cn cn cn U) cn AEA'AiM To- 7 zJ7.5'AEYr lnrn _ �' " TJ5'AE'ry f—(L Av. NE'ry/oI UN/5 6/6 •9 d -- '� wr-• taOr—A.. e� LOT 16 LOT IS LOT 16 LOT IS LOT 16 1J. LOT 13 LOT 16'1=J' 7 LOT IS T 16� c V .5 �^� �21 4 3 � � 1,• '<�',<�. 410 /905'ACYr Tian J'NEYI Aan r ,• ORANGE + e AVE. ;f:F 9L �✓ yG2 .....-.m •_ --------- O +_. --- --- { { _ .4 em ....�... F- 2 I �fl ,3 1 3 7 5 3 _ 3, v cf .. . Isle s Y t , _ IOLIVE Q -- - AVE _ WALNUT AVE. I �. ,.. _ JD o + 1 _l __ 1 11 1 39 yf W f _ " — O > Q F— ~ Z "f•3_ { - W cn I cn © I L[Olreo+A,.B E/e,N+/i Sr �� ' t Qe, A.B F:.sr S/. 7�] i0 THE J ` - A PORTION OF T j TT� A �f'�' TT TLC TT C ® C TLC .fI V LEGEND OF THE HUB 1� `U 1( Jl" Jl 1L� �`il d V —Heavy Block 0mnee Line edny The ate. ORAI Boundary of The Eligible Lunde 5� f f r y s� •' tiG2� _ w �o 2 I 19 G T t EXN181T A TO T E JONES AND STRAY SAND UNIT AGREEMENT MAP OF A PORTION OF THE HUNTINGTON AVENUE AREA OF THE HUNTINGTON BEACH OIL FIELD e aTn of ci � a ORANGE COUNTY CALIFORNIA � SCALE !L 00 200 300 400 500 EET we+g d+, {Y+ � B �2c �o ,VE I I `V 1C EXHIBIT "A" TO THE JONES AND STRAY SAND UNIT AGREEMENT MAP OF A PORTION OF THE HUNTINGTON AVENUE AREA LEGEND OF THE HUNTINGTON BEACH OIL FIELD --Heovy 01-M Dnshee Use 6—g The O.+e ORANGE COUNTY CALIFORNIA 8—dory of The ErQ+me Lonos SCALE 4 00 200 300 400 500 FEET 1 APPROVAL AND DETERMINATION Pursuant to the statutory authority vested in the Oil and Gas Supervisor of the State of California under Section 3301 of the Public Resources Code of the State of California, I, E. R. MURRAY-AARON, Oil and Gas Supervisor of the State of California, do hereby: 1. Approve the attached Unit Agreement for the Jones Sand Zone and Stray Sand Zone, Huntington Avenue Area of the Huntington Beach Oil Field, Orange County, California. 2. Determine that it is in the interest of the protection of oil and gas from unreasonable waste that the attached Unit Agreement be entered into by the parties thereto in accordance with the purposes set forth in Section 3301 of the Public Resources Code of the State of California. �.� Dated . 1962 E. R. MURRAY-AARON Oil and Gas Supervisor of the State of California Council action on drilling bond requirement Ord 1284 i ORDINANCE NO 1284 - FIRST READING - OIL DRILLING � The Clerk gave Ordinance No. 1284 a first reading by title - "AN ORDINBEACH NCE OF ORDINANCEE CITY CODE BY�AME DINGTON EACH SECTIONS AND NDING ADDINGHSECTIONSGTON BEACH 0 CHAPTER 23. " f� On motion by Green,- Council waivediurther`reading of Ordinance No. 1284 by unanimous consent of .'(;'he Councii,iPn,present. Motion ca,:- ...� ORDINANCE NO 1284 -DEFERRED - OIL DRILLING- The Clerk gave Ordinance No. 128A a second reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDINd SECTIONS AND ADDING SECTIONS TO CHAPTER 23. " A motion was made by Councilman Green to waive further reading and adopt Ordinance No. 1284 but the motion was withdrawn before being put to a vote. On motion by Kaufman, Council postponed adoption of Ordinance No. 1284 and,-4irected the Clerk to set a public hearing for January 16, 1967. Motion carried. PUBLIC HEARING - ORDINANCE NO 1284 - AMENDING OIL CODE `AI6 7 Mayor Stewart announced that this was the day and hour set for a public hearing on Ordinance No. 1284 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH- AMENDING THE HUNTNINGTON BEACH ORDINANCE CODE BY AMEMbI_NG SECTIONS AND ADDING SECTIONS TO CHAPTER 23 ," and directed the Clerk -to.-read the legal notice . The Clerk read notice of public hearing on Ordinance No. 1284, as pub- lished in the Huntington Beach News on January 5, 1967, setting the hour-of 7 :30 P.M. , or as soon thereafter as possible, on Monday the 16th day of January, 1967,. in the Council Chamber of the Civic Center, Huntington Beach, California, as the time and place for a public hearing for the purpose of considering Ordinance No. 1284 of the City Council of the City of Huntington Beach relating to the Oil Code, amending articles and sections of Chapter 23 of the Huntington Beach Ordinance Code . PUBLIC HEARING - ORDINANCE NO 1284 - AMENDING OIL CODE - CONTINUED V6 6 7 Mayor Stewart announced that this was the day and hour set for the continuance of a public hearing on Ordinance No. 1284, which was opened at the meeting of January 16, 1967. The Clerk informed the Council that one communication had been received from the Standard Oil Company of California, Western Operations , Inc . , concurring with' all provisions as they now exist in the new Oil Ordinance . On motion by Shipley, Council continued the public hearing on Ordinance No: 1284 to February 20, 1967, to permit all companies and independent j dealers concerned to have an opportunity to review the proposed Ordinance . Motion carried. - - PUBLIC HEARING m ORDINANCE NO 1284 AMENDING OIL CODE m CONTINUED �. Mayor Stewart announced that this was the day. and hour set for the continuance of a public hearing on *Ordinance No. 1284, which was opened at the meeting of January 16, 19671 and continued from the meeting of February 6, 1967, to. this date. Mr,, W. M. Elliott, 805 4 13th Street, City, addressed the Council and discussed the Ordinance amendments proposed. Mr. Charles Voegtsberger, 9061 Regatta Drive, City, addressed the Council and discussed deficiencies within the proposed Ordinance. Mr. Charles Cather, of Cather ,and Cree Oft Company, addressed the Council and made . several inquiries concerning the .propdsed Oil Code Amendments. . Mr. A. Ca Marion, President of Huntington Beach Oil Company, addressed I the Council and asked several questions concerning the Oil Code. There being no one further to speak on the matter, and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. + � On motion by Coen, Council continued action on Ordinance No. 1284 until the meeting of March 6, 1967, to enable further study to be made in regard to same. Motion carried. r` ORDINANCE NO 1284 - AMENDING OIL CODE - 3/6 7 J The- "C1erk' presented. Ordinance No. 1284 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS AND ADDING SECTIONS TO CHAPTER 23 . " '- 'A public hearing on this Ordinance was closed on February 20, 19679 with..the decision being continute to this meeting. Following considerable discussion, and on motion by Green, Council waived further reading of Ordinance No". 1284 by a vote of five ayes and two. nays a . .Motion, .carried;, ..r ORDINANCE NO 1284 FIRST READING - OIL l �7 The Clerk gave Ordinance No, 1284 a first reading by title m AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS TO CHAPTER 23.". On motion by Kaufman, Council waived further reading of Ordinance No, 1284. When put to a vote the motion passed unanimously. -REQUEST EXEMPTION - BONDING REQUIREMENTS BELOIL V 1jt 71(7 The Clerk presented a letter from Beloil Corporation, Ltd. , requesting Council consideration for exemption from bond requirements as set forth -in Article 235 of the Huntington Beach Ordinance Code . . Mr. Tom Wood, representing Beloil .Corporation, Ltd. , addressed the Council and requested Council's approval of the exemption from bond requirements . `. On motion by Kaufman, Council received the letter from Beloil Corporation,.. Ltd. , and ordered it filed by the City Clerk. Motion carried. REQUEST EXEMPTION - BONDING REQUIREMENTS ����►/�� The Clerk presented a letter from Huntington Beach Union High School / n-is-tric-t requesting Council consideration for exemption from bond requirements as set forth in Article 235 of the Huntington Beach Ordinance Code . On motion by Kaufman, Council received. the letter from Huntington Beach Union High School District, and ordered it filed by the City Clerk. Motion carried. OIL BOND m INDEPENDENT OIL WELL •OWNERS 7 Mro , A. C . Marion, an independent oil -operator, addressed the Council and discussed his objection to the bonding requirements included in the bond required by the Oil Department. He objected to the cleanup requirement, and the non-cancellation clause. Mro . Jim Young, legal advisor to the independent oil operators in Huntington Beach, addressed the Council and discussed the praticality of the bonding requirements . Mr. .George Shibata, legal advisor to Mr. W. M. . Elliot, an independent oil operator) addressed the Council and discussed the City's oil bond. requirements . Mr. W. M. Elliot, an independent oil operaor2 addressedathe soCouncil l . and inquired concerning the status of the operators p that they are not able to obtain the required bond readily. On motion by Bartlett, Council recommended:.that the Oil Operator's Attorney work with the City Attorney on a possible revision of -the Oil Ordinance and report back to Council at the next meeting. ,Motion carried. . . ,OIL BONDS Mr. James P. Young, Attorney representing the Independent Oil :;�;' ;•.. ,;, Operators , addressed the Council and: presented a form -for -an. oil well bond which he stated was acceptable to his clients . c He urged the Council to consider the substitution of this bond for the one presently being used. City Attorney Dale Bush advised the Council that, in his opinion, only an oil well bond containing a non-cancellable clause would - protect the City's interest, and he recommended rejection of the proposed bond .submitted by the Oil operators . Mr. A. C . Marion and Mr. Don Fairbanks addressed the Council to urge that the proposed bond developed by the Oil Operators Attorney be adopted by the City. Considerable discussion was held by the Council on this matter, with various Councilmen and individuals expressing their opinions thereon. A motion was made by Kaufman that the Attorney be instructed to pre- pare a non-cancellable oil well bond form to cover clean-up and abandonment only, and to eliminate the total compliance clause which is included in the present form. Following the .taking of an electronic vote by the Clerk, Mayor Promtempore Green requested a roll call vote on the matter, and the motion failed through the following results : AYES: Councilmen: Coen, Kaufman NOES : Councilmen: Bartlett, Gisler, Green ABSENT; Councilmen; Stewart, Shipley I ' � BUSINESS OIL S . 2311 CHAPTER 23 OIL ARTICLE 231. GENERAL 232. DEPARTMENT. OF OIL FIELD CONTROL 233 . DEFINITIONS 234. PERMITS AND FEES 235. BONDS AND INSURANCE 236 . DRILLING AND OPERATION 237. SAFETY MEASURES 238. ENFORCEMENT 239. ACTIVATION OF NONPRODUCING OIL WELLS ARTICLE 231 GENERAL S_2311_ Title . This Division shall be known and may be cited as. TThe City of Huntington Beach Gil Code . " Code as referred to in this Division, unless the context clearly indicates otherwise , shall mean the City of Huntington Beach Oil - Code . S . .2312 Purpose and Intent . It is hereby declared to be the purpose of this article to establish reasonable and uniform limitations , safeguards and controls for the present oper- ations and future drilling for and production of oil , gas and other hydrocarbon substances within the City in such areas as are deter- mined by the City Council to be exempt from the prohibition against such activities in conformity with the provisions of Zoning Ordinances of tine City of Huntington Beach. Limitations , safeguards and controls are deemed necessary in the public interest . uses are indicated by the Master Plan of the City, City zoning regulations , the value and character of improvements in or near districts where oil drilling o-r production is hereinafter permitted and the desirability of certain areas for residential, commercial or other uses . It is recognized that many citizens with substantial property investments do not own mineral rights and would not profit directly from oil or gas development . The City Council finds that uncontrolled drilling and production would be detrimental to the general welfare of the residents of the City and to the public health, safety, and welfare . It is contemplated that areas within the City may be explored for oil by directional drilling methods , with surface drilling and production operations limited to a minimum of controlled drilling sites so located, spaced and regulated as to `. cause the least possible detriment to the community and the general welfare. S . 2321 OIL BUSINESS ARTICLE 232 DEPARTMENT OF OIL FIELD CONTROL S .; 2321 Department of Oil Field Control, Establishment Of. There is hereby created a Department of Oil Field Control for the City of Huntington Beach to carry out the purpose and intent of the Oil Code . S . ' 2322 Oil Field Superintendent, Creation Of . - The office of. Oil Field Superintendent of the City of Huntington Beach Department of Oil Field Control is hereby created to be the head of and responsible for the Department of Oil Field Control . S .. 2322. 1 Oil Field Superintendent, Appointment and Salary. The Oil Field Superintendent shall be appointed by the 'City Council and hold office at their pleasure, and shall receive such compensation for his services as the Council shall direct . S . 2322. 2 Oil. Field Superintendeht,. Duties . The Oil Field Sup- erintendent shall , subject .to any conflicting. admin- istration policy, assume full responsibility for the operation of the Department of Oil Field Control, and be responsible for, the . enforcement of Chapter 23 , (Oil Code) of the Ordinance of the City of Huntington Beach.. He will be responsible for the management and overall co-ordination of all City agencies concerned with the devel- opment and operat:ion_ of the oil industry and oil field within the l tty of Huntington Beach. BUSINESS OIL S . 2331 _ s ARTICLE 233 DEFINITIONS S. 2331 The following terms. as used in this Code shall, unless the context clearly indicates otherwise, have the respective meanings. herein set forth: Si 2331 A Abandonment shall mean the restoration of -the drill site as .required by these regulations. S . 2331. 2 A.P.I. is the American Petroleum Institute. S. 2331.3 Approved. Approved by the Fire Department., Building Department and Engineering Department. "Approved type", or "approved design", is and includes improvements , equipment or facilities of a type or design approved by the Fire Department, Building Department and Engineering Department, S. 233104 A, S,M,E, is the American Society of Mechanical Engineers . S . 2331.5 Blow-Out shall mean the uncontrolled discharge of gas , liquid or solids or a mixture thereof from a well into the atmosphere. S . 2331.6 Blow-Out Preventer shall mean a mechanical, hydraulic or pneumatic or other device or a .combination of such devices secured to the top of a well casing, including valves , fittings and control mechanisms. connected therewith designed and capable of preventing a blowout. S . 2331. 7 Building Code shall mean the ordinance of the City of Huntington. Beach known by 'that title as it may be changed or reenacted from time to time. S .: 2331,8 Building Department shall mean and include. the Building Director, his assi6tant6, ' deputies and inspectors of the . Building Department .of the City of Huntington Beach. (1284) S . 2331.9 Building Permit shall mean the permit provided for by the Building Code, S. 2331.10 Cellar shall mean an excavation around or above the top joint of the casing in a well. S. 2331.11 City Administrator shall mean the City Administrator and his assistants . S.. 2331.12 City Clerk shall mean the duly elected City Clerk and assistants , ' ` S 2331.13 OIL BUSINESS S . .2331.13 Completion of Drilling a well is completed, for the purpose of these regulations , thirty (30) days after the drilling crew has been released, unless drilling or remedial operations are -resumed before the end of the thirty (30) days . S . 2331. 14 Controlled Drilling Site shall mean the surface location upon which surface operations incident to oil well drilling or deepening and the production of oil, gas or other hydrocarbon substances from beneath the surface of real property located within the City of Huntington Beach, whether such .surface operations are inside or outside the City of Huntington Beach, may be permitted under the terms and conditions of this chapter and as prescribed by the terms and conditions of any permit issued by the City Council. . S . 2331.15 Council shall mean the elected governing body of the City of Huntington Beach. S . 2331.15. 1 Department of Oil Field Control means the Oil Field Superintendent, his assistants and inspectors : (1284) S : 2331. 16 Derrick is any framework, tower, or mast together with all parts.' and appurtenances to such structure, including any foundations , pump house, structure used to. house oil recovery equipment, commonly called longtails , pipe racks , and each and every part thereof, which is or.. are required, or used, or .useful for the drilling for and the production of oil, gas., or. other hydrocarbons from the earth except tanks used .for storage purposes . (1284) S. 2331. 17 Desertion shall mean the cessation of operations at a drill site without compliance with. provisions of the Code relating to suspended operations or abandonment. . S . 2331.18 Dilikence as used in these regulations , shall mean that f. the drilling derrick is in. its .operating :position over the well, properly anchored and supported .and that an operating crew is on duty at the drill site at all reasonable times . S . 23-31. 19 Directional Drilling shall 'Mean whipstocking, or slant drilling from a controlled drilling site. S . 2331. 20 Division Of Oil .And .Gas shall mean the Division of Oil r . . and Gas of the Department of Natural Resources of the State of California or any other state agency that may in the future be charged with its responsibilities . S.; 2331. 21 Dr-illin� means digging a hole in- .earth formation with a >± power driven bit for . the purpose of exploring for or developing of -oil or gas . Drilling includes those operations that are concerned with the completion of a well-. "Drilling does not include .'shot hole ' . " S : 2331 . 22 ..Drilling Island shall mean a designated area from which ` more than one well is clustered.. S . . 2331. 23 Drill. Site shall mean the premises used during the _drilling and subsequent life of a well or wells , which is nec- - essary for the safe operations thereof. BUSINESS OIL S . 2331 . 24 S . 2331. 24. Engineering Department means the Director of Public Works , his assistants , engineers or inspectors . 8 .. 2331. 25. Fire Department means the Chief Engineer of the Fire Department of the City of Huntington Beach, his assist- ants , deputies or the assigned Chief of the Fire Prevention Bureau and his assigned inspectors . S. 2331. 26. Gas shall mean the gaseous components or vapors occurring in or derived from petroleum or natural. gas . S. 2331. 27 Idle Well. The term "idle well" shall mean an oil well which has failed .to produce more than twenty (20) barrels of oil or twenty thousand (20,000) cubic feet on natural gas .during the immediately preceding calendar year. (1284) S . 2331. 28 Maintenance shall mean and include the repair.' and re- placement of. parts of a structure where same does not alter or _lessen the strength of stability of the structures . S. . 2331. 29 Natural Gasoline. Plant Or _Absorptiori. Plant is. -a plant for the processing of natural gas from the 'production wells and processed into. its various -components . S . .2331.30 O.il. includes petroleum, and Petroleum includes oil . s : 2331.30:1 Oil .Field _Recovery Heater.. A once through forced circulation, water tube steam. gener.ator; used only in oil field thermal recovery o.perations , having no fired. pressure part larger than three inches pipe size and no other pressure part larger than six inch pipe size . (1275) S. :2331.31 Operator shall mean person, whether proprietor, lessee or. independent contractor, actually in charge and in 5 control of the drilling; maintenance, operation or pumping of a well or lease . s. . S . 2331.32 Outer Boundary Line. Where several contiguous parcels of land in one, of different ownerships are operated as a single oil or gas lease or operating, unit, the term "outer. boundary line" means the exterior limits. of the land included in the lease or unit. In determining the continuity of any such parcels of land, no street, road or alley lying within the lease or unit shall be deemed to interrupt such contiguity.. S . 2331.33 Owner is a person who owns a legal. or equitable title in and to the surfaces of the drill site . M+ t r S'. 2331..34 OIL . . BUSINESS S, 2131.34 Person includes any individual, firm, association, corporation, joint venture, or any other group or combination acting as a unit. S : 2331.35 Redrilling shall mean- the deepening of an existing oil well or otherwise drilling beyond the extremities or sides of the existing well casing. The provisions of this Code relating to drilling shall be equally applicable to redrilling. Si 2331.36 Seismic Petroleum Prospecting. Prospecting for oil means drilling holes into the ground, placing an explosive charge therein, and detonating such charge; thereby exciting an energy or, sound wave through the earth, the results of which are recorded and read by seismograph equipment placed at ,various locations on the surface of the earth. S . 2331.37 Shot Hole . The hole. drilled in seismic petroleum prospecting. S . 2331.38 Source of Ignition means any flame, arc, spark, or heated object or surface capable of igniting flammable liquids , gases or vapors . S . 2331.39 Structure is that which is built or constructed;_ a tank, edifice or :a building of any kind, not including appurtenances used. in oil production or walls of any sort. S . 2331.40 Sump. Hole is an unlined earthen pit adjacent to an oil well for the. discharge of oil field wastes . S .. 2331.41 Superintendent shall mean the Oil Field Superintendent and his assistants . S . 2331.42 Suspended Operations is the temporary suspension of drilling or redrilling operations pending a resumption of operations. or abandonment . S . . 2331,;43 Tank is a container, covered or uncovered, used in conjunction with 'a drilling or production of an oil well, for holding or storing liquids at 'or near atmospheric pressure . S . 2331.44 Well or Oil Well, Hole drilled into the earth for the purpose .of exploring ,for or extracting from. the- 'earth oil, gas , or other hydrocarbon substances ; or a well or hole in the earth by means of and through which oil, gas and other hydrocarbon substances are extracted, produced or capable of being produced from the earth,. or a well or hole for the purpose of secondary recovery or waste disposal thereof. "Well does not include 'shot hole ' . " S . . 2331.45 Well Servicing is remedial or maintenance work performed within any existing well which does not involve drilling or redrilling. BUSINESS OIL. . S . 2341 ARTICLE 234 PERMITS AND FEES S . 2341 Permits . Prior to the drilling or redrilling of operations in connection with the exploration for or the production of petroleum or for the purpose of secondary recovery,. the operator shall obtain �a drilling permit from the Department of Oil Field Control . S . 2341.1 Annual : Renewal Oil Well Permit. A permit will be required . .annually on each oil well whether producing or not . S.. 2342 Permit Utilization. No permit issued hereinuider shall be valid unless utilization of the privileges granted thereby be commenced within one year .from and after the date of issuance of the permit and diligently and progressively prosecuted thereafter. S . 2343 Other Permits . The permits - provided. in the ordinance are in addition to . and .are not in lieu of any .permit which may be required by, the other departments of the City and the Department of Oil Field. .Control shall not issue any perm t_ under this ordinance until all other permits required by other departments , if any, have been issued and the fee has been paid. S .. 2344 Drilling and Redrilling -Permit Procedure . The applicant shall file an application in writing for a permit on a form furnished for that purpose by the Department of Oil Field Control. The application shall be accompanied by: (a) A complete legal description of the property. (b) A fully informative plot 'plan .showing the .location of the. well, the location of which has been staked on . the ground, appurtenant structures and their relation to any existing hospital, sanitarium, church, rest home, airport; school and dwelling, within the radius required by this Code.. (c) Engineering specifications of. structures , drilling derricks , drilling masts , tanks , and high pressure systems regulated by this Code . .Applicant need not . file plans and engineering specifications of standard derricks ; masts and tanks when such plans and specifications. are already on file in the office of Oil Field Control. (d) A corporate surety bond in conformity with provisions of Article 235. (e) A statement as to the means by which liquid spills will be removed from diked area or catchment basins . (f) A drilling permit may be amended insofar as it relates to the drill site area and'- a drill- site may be modified .as to size and shape by filing with the Department of Oil Field Control of a modified plot plan if the modified drill. site conforms to the applicable provisions of this Code and of Division 9, Huntington Beach Ordinance Code , but not otherwise . S. . 2345 OIL BUSINESS S. 2345 Conditions of .Issuance of Permits. In addition to the conditions of the above section, prior to issuing the permit for the drilling or redrilling of an oil well, the Department of Oil Field Control shall require of the operator: (a) The payment of the drilling and redrilling fee . (b) Evidence of a City business license, where required. (c) A City building permit or a statement from the Department that no such permit is necessary, (d) A permit for the disposal of industrial waste and/or waste water or a statement from the Sanitation Department that no such permit is necessary. (e) A statement from the City planning. De.partment that such use and the location of' 'any structures to be constructed or placed on leasehold are not in violation of the City Zoning Ordinance . (f) A permit from the City Fire Department, where required by the Huntington Beach Fire Code or a statement that the operator is not . in violation of the Fire Ordinance of the City. (g) A permit to encroach upon public property where it is ..necessary to do so in . the redrilling, servicing or maintaining 'of any well, existing prior to the adoption of this Code . (h) A bond -in accordance with the ordinance covering bonds . (i) A certificate of insurance in accordance. with the specification as set forth in Section 2359 of - this Code S. 2346 Appeal : : If the operator is denied a permit by any of the governing agencies , he may appeal said -denial in accordance with Section '2384 of this Chapter., S — 2347 Fees . The following fee schedule will be paid by the operator; (a) A fee for permit to drill or redrill of $100 . 00. (b) An annual oil well renewal and inspection fee of $25 : 00 for every well, whether producing or not. (c) A permit fee for the erection and/or installation of an oil field recovery heater; temporary or otherwise, in the amount of One Hundred Dollars ($100.00) . (1275) S. 2348 Permit Fees Not Refundable . The permit fees payable under this ordinance shall not be refundable in whole or in part . S . 2349 Penalty .for Delinquency. If any fee herein required to be ` paid to the Department of Oil Field Control is .not paid at k:. the time and in the manner herein provided, the same shall, thirty y,- (30) days thereafter, automatically be and become delinquent, and a 1 penalty in an amount equal to ten percent of such fee shall be added 'e thereto each month for such delinquency, ' which penalty shall be and become a part of such fee and shall be enforced and collected as a part of such fee , but shall in no event exceed 100% of the amount of .the fee due , (1284) BUSINESS OIL S. 2351 ARTICLE 235 BONDS AND INSURANCE S . 2351 Existing Wells , On or before July 1, 1967 a bond in the form .required by this section shall be filed for each well drilled prior to said effective date of this ordinance which has not been abandoned to said effective date in accordance with Chapter . 24 of the City of Huntington Beach Ordinance Code . S_2352 New- Wells . A. bond in the form. required by this section shall be filed concurrently with the issuance of the granting of a drilling or redrillin"g permit. S,. 2353 Bond Forms : Bonds shall be on a form approved by the City Attorney and .shall .be on a form similar to that in .general use in � the oil and gas industry. The bonds shall be filed with the Finance Director., (l2$4) S . 2554 Single Bonds . ..Corporate surety bonds in the penal sum of two thousand dollars . ($2,000) '' The bonds shall be executed by the operator as Principal and by the authorized surety company as Surety and conditioned that the Principal named in the bond shall faithfully comply with all the provisions of this ordinance in drilling or redrilling and .maintainirig all. production facilities and abandonment as required by this ordinance until properly abandoned in ,conformity With the provisions hereof. The bond shall secure the City of Huntington Beach against. all costs , charges and expenses incurred by it for reason of the failure of the Principal to fully comply with the provisions of this ordinance . The bond shall. include the correct name or number of the well and such other information as may be necessary to readily identify the oil well. Any operator may furnish negotiable securities or cash in lieu of a corporate surety _bond. S , 2355 Blanket Bonds , (a) Any operator may, in lieu of filing a single bond for each well as required by the foregoing section, file a bond in the amount of. $5,000 if the oil operator has ten (10) or less wells , $10,000 if he has 25 or less wells , and $25,000 if he has more than 25 wells . (b) Individual operators may collectively pool their wells for the purpose of obtaining a blanket bond. If they do so, they may put up a bond under the 'conditions of paragraph (a) above . S . 2356 OIL. BUSINESS S.. . 2356 Default In Performance of Conditions - Notice To Be Given. Whenever the Department of Oil Field Control finds that a default has occurred in the performance of any requirement or condition of these regulations , written notice thereof shall be given to the Principal and to the Surety on the. bond. Such notice shall .specify the work to be .done, the estimated cost thereof and the period of time deemed by the Department of Oil Field Control to be reasonably necessary for the completion of such work. After receipt of such notice, the Surety shall within the time therein specified either cause. or require the work to be performed, or -failing therein, shall pay .over to the Department of Oil Field Control the estimated cost of doing the work as set forth in the notice, plus an additional sum equal to twenty-five (25) per cent of said estimated cost . Upon receipt of such monies , the Department of Oil Field Control 'shall proceed by such mode as he deems convenient to .cause the required work to be performed and completed, but no liability shall be incurred therein other than for the expenditure of said .sum in hand. In. the event that the well has not been properly abandoned under the reg- ulations, of the Division of Oil and Gas ' such additional money may be demanded from the Surety as is necessary to restore the drill site in conformity with. the regulations of this ordinance , S. 2357 Exoneration. Any bond. issued in compliance with these regulations shall be terminated and cancelled and the Surety be relieved of all obligations thereunder when the well has been properly abandoned in conformity with all regulations of this ordinance and in confirmity with all. regulations of the Division of Oil and Gas and notice to that effect has been received by the Depart- ment of Oil Field Control, or upon receipt of a satisfactory substi- tute bond. S . 2358 Substitution. A substitute bond may be filed in lieu of any bond on file hereunder and the Department of Oil Field Control shall accept and file the same if it is qualified and in proper form and substance and the bond for which it is substituted t: shall be..exonerated but only if the :Department of Public Works , Build- ing Department and Fire Department find that all of the conditions of the last mentioned bond have been satisfied and that no default r• exists as to the performance upon which the bond is conditioned. S : 2359 Insurance Requirements . Wherever insurance is required }. in this Code the following values will be required; $50;000 property damage and $100,000 and $300,000 personal liability. :f G'. BUSINESS OIL S. 2361 ARTICLE 236 DRILLING AND OPERATION S. 2361 Site Preparation. Each drill site prior to the commence- ment of drilling shall be prepared in accordance with plot plan- . as submitted by the operator, and approved by the Department of Oil Field Control. S. 2361.1 Encroachment . (a) New Wells . All operations concerned with drilling, :production, redrilling, or servicing of wells drilled after the effective date. of. this ordinance shall be conducted within the property lines of the leasehold. (b) Wells Existing As .Of The -Effective Date Of This Ordinance . No operator or person while redrilling, servicing, or maintaining a well drilled prior to the effective. date of this ordinance shall encroach with equipment over public property lines , sidewalks_ , parkway, alleys or streets until a permit therefor has been granted by the Department of Oil Field .Control. Reasonable requirements.' for the safety of Persons and property shall be required by the Department of Oil Field Control before issuing such permit and such permit shall not be issued unless temporary sidewalk enclosures sufficient to protect -pedestrians are maint4ined. by the operator.. In addition thereto no permit will be issued until the person requesting.._the .permit shows a certificate of insurance according to the requirements of Article 235, Section 2359 of this Code.. Said .temporary sidewalk enclosures shall be. so maintained until the operating equipment has been removed. from the leasehold premises . The operator will be liable for any 'damages to public property. S. 2361. 2 All new wells , tanks and permanent structures , as of the effective date of this ordinance , will be set back 25 feet (25') from the street right-of-way and all future street right-of-ways as depicted on the City's Mas`ter' Plan of Streets and Highways . F Any new well may be drilled, after the effective date of this ordinance; contiguous to any structure built for human occupancy according to the following conditions: (a) If the pumping unit is operated by an electrical engine within twenty-five feet (25 ' ) . (b) If the pumping unit is operated by a -gasoline engine within fifty feet (50' ) . (c) If the well is to be drilled near a school building, hospital or church within one hundred fifty feet (15.0' ) . (d) The above distances will be measured . from the center of the well core to the nearest wall of said structure . S , `2362, OIL BUSINESS S . 2362 Derricks . (1284) (a) All derricks and masts erected for drilling or redrilling shall meet the specifications of the American Petroleum Institute Standards 4A9 14th Edition and RD, 3 years Edition, or the equivalent thereof. (b) Any derrick or pulling mast operating within '150 feet of. any structure or public right-of-way shall be securely guyed or braced at ' all times the mast is in use, or if a self-braced. derrick or mast shall meet A.P.I. standards or be the .equivalent thereof. In addition thereto the operator shall .be required to show a certificate of in- surance in accordance with. the specifications in -Article 2.35, Section 23.59 of this Code, and naming City as. an additional insured. (c) Drilling equipment and the derrick shall be removed from the premises. within sixty (60) days following the abandonment, or deser- iion of any well. If the well is a producing well, then only that drilling equipment and those portions of the derrick used• -in the . • drilling of said well -as support for :that equipment lowered into the well shall be removed within sixty (60) days following the completion of .subh well. Once the well is a producing well,. it shall ;be serviced by a portable derrick exclusively. Drilling operations shall be diligently prosecuted until the well i§ completed or abandoned. (d) Derricks and those portions of the derrick- used in the drilling of said well as": support for that equipment .lowered into . the .well .. existing above. the surface of >the ground, including any pertinent equipment ' erected prior .to the effective date of this ordinance, shall be dismantled and every. ,part thereof removed from the drill site on or before July 1, 1970.. •(e) . -All well .servicing or portable, pulling masts s-hall be removed from the lease or property and .returned to the .service yard within seven (7) days after completion of well servicing .operation. S . 2362.1 Inspection. (a). If a well is .to. be drilled or redrilled..within 150 feet of .any. structure or. street right-of-way, after the .operating equipment is securely in place. and prior to commencement of:drilling, : :the operator wi°11 notify the Department of Oil Field Control: If aninspe:ction is anticipated to be made during the night, weekend or holidayithe op- , erator will notify the Department. of Oil Field Control during. a working day of the approximate time. the operator would be ready for the in- spection, and shall not commence_ drilling•until the -Department of .Oil Field Control has made an inspection .and .given approval• to •commence. The Supe.rintendent..shall not. give his: approval until all .the applicable provisions of the City of Huntington Beach Ordinances have .been met; if they- are met, he shall give his approval. . The Superintendent shall make his inspection within a reasonable time after receiving notice from the Operator. S .. 2363 OIL BUSINESS (b) Upon the completion of drilling operations the operator will notify the Department of Oil Field Control, and the Department will make a final inspection of said drill site . (c) The Department of Oil Field Control shall make an annual inspec- tion of each well and keep a record of the wells inspected and their findings . S . 2363 Removal of Idle Equipment. (1284) (A) When a well is determined to be an idle. well under Section 2331. 27 of the Huntington Beach Ordinance Code by the Oil Field Superintendent, the procedure to remove the equipment from said well shall be as follows : 1. Notice shall be sent by the Oil. Field Superintendent, by reg- istered mail, to .the owner of the fee simple interest in the land on which such. well is situated as shown on the last equalized assessment roll, and the owner of the mineral rights on which such well is situated as shown on the last equalized assessment roll, and the operator of . such .well as indicated by the records of the State Division of Oil and Gas , Department of Natural Resources . 2. Content. of. Notice . Said notice shall indicate the 'name and location of the well in question and a statement :by the Oil Field Superintendent of the .reasons .why such well is deemed to be an idle well as defined in Section 2331. 27 . 3 . Compliance . Within ninety (90) days after said notice has been given, the owner of the fee-, owner of the mineral rights and the operator of . such well shall clean and restore the drill site and surface thereof- in conformity with the following requirements : (a) The derrick and all appurtenant equipment thereto existing Above the surface of the ground level shall be removed from the drill site . (b) The drilling and production equipment, tanks ,. . towers and other surface installations shall be removed from the drill site or tank farm site . :j (c) All concrete , pipe, wood and other foreign materials existing above the surface of the ground level shall be removed from the drill site or tank farm site . (d) All oil, waste. oil, refuse or waste material shall be re- moved from the drill site or tank farm site . (e) The rathole and all holes and depressions shall be filled and packed with native earth. (f) The casing of such well shall be capped with a blind flange And a minimum one inch bleeder valve shall be installed which shall be locked in a closed position. 4. Suspension. The provision of this section shall be suspended- from the date an application for a decision or exception is filed with the City Council as provided for in Sections 2383 and 2384. S -2363. 1 OIL BUSINESS S ._ 2363. 1 Sumps or Sump Holes . Rotary mud, drill cuttings , oil field waste, oil or liquid hydrocarbons and all other oil field } ' wastes derived or resulting from, or connected with. the drilling. or redrilling of any well shall be discharged into a steel tank. Such drill cuttings , rotary mud, and drilling waste materials shall be re- moved from the drill site upon completion of drilling operations . Tanks used as and for sump purposes shall be removed from the drill site within thirty (30) days from and after completion of drilling. (1284) ; S . . 2363. 2 On or after July 1., 1968, no person shall own or operate, or have possession of, or be in. control of any well site . on which a sump or skim pond is located; or any sump or _skim •pond used in connection with the operation of any oil well; provided, however, that the provisions of this subsection shall not a ' ly. to portable sumps required by the State Division of Oil and Gas or by the Regional Water Pollution Control Board. (1284) S . 2363.3 On or after July 1, 1968, no person shall own or, operate or have possession of or be- in control. of any oil well site. on which a sump or skim pond has been located; or any property on which has been located. a sump or skim. pond or used in connection with the operation of any oil well unless such sump or' skim pon'd. has been drained and filled with earth to the level of the surrounding terrain. (1284) S 2364 Private'.Roads and Drill Sites , Prior to the commencement of any drilling operations , all .' rivate roads used. for aecess ,to the drill site and the drill site Atself' shall be surfaced by clean, crushed rock, gravel or .decomposed: granite, or- oiled, and :r maintained to prevent .dust and mud. In particular cases these re- quirements governing surfacing of private. roads may be altered at the . discretion .of the Superintendent' of Oil Field- Control after consideration of all the circumstances including- but not limited to distances from public streets and highways , distances° from adjoining and near-by property owners whose surface rights are not leased by the operator and the. purpose for which the property of such owners are or may be used, topographical features , nature of the soil and exposure to wind. BUSINESS OIL_ S, 2365 S . 2365 Operation Time and Soundproofing Requirements . The drilling and redrilling of any well shall not be conducted in such a manner .as to' cause excessive noise, . odor or vibration and shall be conducted pursuant to. one of the following alternates : (a) Where drilling and redrilling operations are conducted beyond a distance of 300 feet from occupied .residential' areas , no sound- proofing -will be required unless necessary to minimize excessive disturbance to such areas . (b) Where such drilling is conducted in areas in. which disturbance to residential areas could reasonably be anticipated, the operator of such drilling operation shall either: 1. Enclose the derrick and all drilling machinery used in connec- tion with, drilling of any well, with fire resistant sound- proofing material, which shall be iriaintained . in a serviceable condition and provided .further that no operations outside of said enclosure, F, except for well logging shall be conducted; or 2. Enclose all: drilling machinery used. in connection with the drilling_ of any well with fire resistant soundproofing ma:terial. and the .portable ,drilling .mast shall be 'so enclosed, at least on three sides , to a ,height of twenty (20) feet, .aid provided further, that.no drilling operations. or any work in connection with such. drilling operation shall be conducted between the hours of 10:00 P.M. of one day and 6 :00 A.M. of. the fo,llowing. day, except only that , Y. circulation of fluids and well logging may be continued during such time . The: Superinten'dent may allow operations. in .connection with. drilling or redrilling . if .in his opinion that. portion of. the operation does not create excessive noise such as cementing, -:gravel packing, etc . and also- incase of emergency; provided that notice of such emergency shall be given to the Department of Oil Field 'Control, but only for as long as the emergency exists . 3 . The Superintendent of the Department of Oil Field .Control may waive requirements of soundproofing required under par- agraph 1, if .in his opinion the soundproofing is not required- from a height of thirty (30'.) up. The Superintendent may .also waive sound- proof.ing requirements under paragraph 2, if in his opinion 'it is unnecessary; or there have been existing well and no reasonable com- plaints have been lodged, (1284) 5:. .2365. 1 Well Servicing Operation Time . --'It shall be. unlawful to do. any work in connection with. pulling. a well between the hours of- 9:00 P.M. and 6 :00 A.M: within two hundred (2.00) feet of any residential building within the City; excepting where circulation in the well is necessary to be. maintained, or the well would be endangered if the pulling work were not done immediately. Se 2365.2 OIL 'BUSINESS S .. 2365. 2 Installation, Operation, and Soundproofing of Oil Field Recovery Heaters . The following conditions shall be met for the installation and operation of an oil field recovery heater. (a) All oilfield recovery heaters shall have a valid- State of California "Permit to Operate" and shall be equipped with and operated by safety controls which monitor certain essential operating conditions of the automatically controlled .fired boiler and which shall .shut down the boiler automatically and require manual restart when any of the'.essential conditions vary from certain prescribed limits . An emergency shut down switch shall be installed a minimum of fifty (50) feet from the oilfield recovery heater and shall be identified as- such by a sign with minimum 3" letters . (b) Separation between oil field recovery heaters from residential- commercial and public assemblage buildings shall be -as follows : 1. Oilfired recovery heaters-five hundred (50.0) feet . 2. Gas fired recovery heaters three hundred (300) feet Where enclosed by a six (6) foot high six (6) inch block wall, the setback may be reduced to fifty (50) feet. 3. All oilfield recovery heaters will be set back a minimum of fifty .(50) feet from any oil storage tank, well head or public right of way. (c) Where an "oilfield recovery heater, is operated within an -occupied residential area the heater shall be shielded with a fire resistant.,. sound proofing material so that the sound level at the nearest residence can be maintained at. the average twenty-four (24) hour ambient level existing when such heater is not in operation; however, the fire -resistant sound proofing shielding would not be required if the residential ambient sound level. mentioned above can be maintained by other means . (d) Heaters being operated in any residentiai zone shall have an attendant on duty at all times and shall be .completely fenced, including the 'well "head, with a six (6) foot high chain link or block- wall fence . complete with_ two .(2) se if-clos ing. gates installed on on opposite sides of the enclosure ., Steam lines ft.-.)in the heater to the j, well head shall 'be buried to a depth of one (l) foot or covered and/or wrapped with a minimum of one ( 1) inch thick approved asbestos pipe insulation. (1275) is (e) An application for a permit to install and operate an oil field recovery heater shall be made to the .Oil Field Superintendent who shall .ins•pect the site and specify the location, setup, and/or standards of the -heater, piping, head installation, valves , sound- proofing (if required) , and other equipment , Upon completion of the- installation. - the Oil Field Superintendent shall inspect the installation r. : and if approved shall issue a permit to operate the heater pursuant to . t, t'. complying with Sections 2347(d) and 2359 of this cede , Approval by the ` Oil Field Superintendent does not relieve . the applicant of the respon- sibility of securing additional permits as required by other departments r. within the City. BUSINESS OIL S. 2365.3 . (f) The permit. shall show. the name of the owner and/or operator of the heater, :the name of the owner, . and/or operator of the well, the. well name and two (2) telephone numbers to be called for emergency purposes. Navies and telephone numbers available in case of emergency shall be posted in a conspicuous place at the job site. (g) If in the opinion of the Oil Field Superintendent a location is deemed 'to. be hazardous or dangerous to life, limb or property, a permit may be denied. The owner or operator may then appeal said refusal in accordance with the procedure as set forth in Section 2383 and 2384 of this code. (1275) S . 2365..3 Cleanup After Service Operations . Immediately upon com- pletion of . servicing -operations of an oil well, the owner, operator or manager of the servicing company shall notify the City Engineer and such owner, operator or manager; or his employees , shall immediately remove all oily rags , waste . material .and debris placed upon such lease or property by the servicing company in its operations thereon and. shall further. repair any .and all damages. done to sidewalks , alleys., .parkways . and streets , and shall remove all oil and debris which may have collected thereon by reason of the operations of such pulling unit. S . 2366 ns . A. .sign having a :surface :area of- not less than two 2.) square feet and no more than six (6) square feet bearing the current name and number .of the, well and the name and/or the in- signia of the operator and in addition the sign shall include at ' least two names And telephone numbers of pumpers or operators of said well who may- be contacted during any twenty-four (24) hour period for emergency reasons , the above sign shall be displayed in. a prominent place, visible at :all times and maintained in good coniiition, near or on the pumping unit or fence from the .time drilling of. the' well is started until the well .has been abandoned. In the event there are more than two (2) producing wells on one leasehold, it . shall be sufficient if all, entrances to said leasehold are posted _with a sign not less than eighteen (18) inches by twenty-four inches bearing the above required information and the name or designation of the lease, together with an openly visible sign on each producing well designating the particular number thereof. S-. 236-1 Service Yards . Every owner, operator,. Oil Company, Sales Company, Service Company, Processor, Trucker, Supplier or other allied agency shall maintain a service yard or area in a properly zoned or approved area for the purpose of storage, handling; servicing, repairing or manufacture of all drilling and production equipment, supplies or services . All idle .equipment shall be stored at this service yard.. Such service yards shall be fenced according to re- quirements of the City Ordinance or be attended by an adult for twenty-four (24) hours a day. t• S'.-. 2368 OIL BUSINESS S. 2368 Abandonment Procedure . It shall be the responsibility of , . the Superintendent to determine that the drill site and all .facilities pertinent thereto have been restored to their original condition as nearly as practicable ih . conformity with the regulations of this Code, including the following requirements : (1284) (A) Well Requirements : It shall be the responsibility of the operator to comply with the abandonment provision of this Code and he shall furnish the Superintendent the approval of the Division of Oil and Gas , Department of Natural Resources confirming compliance with all aban- donment .proceedings under the State laws . It shall be the responsibility of the operator to comply with the abandonment provision of this Code and he shall furnish the Superintendent with: (a) a copy of the approval of Division of Oil and Gas , Department of Natural Resources , confirming compliance with all abandonment proceedings under the State law; and (b) a notice of intention to abandon under the provisions of this Section and stating the date such work-will be commenced. Abandonment may then be commenced on or sub- sequent to the date so stated.. (1284) (B) Surface Requirements . Abandonment- shall be approved. by .the Super- intendent after restoration of the drill site ' and the subsurface thereof has been accomplished in conformity with the following requirements . 1: The derrick and all appurtenant equipment thereto shall be removed from the drill site . 2. All tanks , towers and other surface installations shall be .removed from the drill site . 3 . All concrete, pipe wood and other foreign materials - shall be removed from the drill site to. a. depth. of six (6) feet below grade, unless it is apart of . a multi`-well cellar then being used in connection with any other well for which. a permit has been issued. 4. The oil well casing shall, be cut off at bottom of cellar and if no cellar (51 ) below the drill site grade at the cellar, but in no case below sea level . Nothing shall be placed in the hole above the point of cut-off until the cut"off. has been inspected. by, the Super- intendent and by him found to be in compliance with all applicable provisions of .law. 5. The. top ten (10) feet of the remaining casing shall be filled with a cement plug to prevent gas .fumes from escaping. 6 . A steel cap of not less than the same thickness of the casing shall be welded to the casing around the entire circumference of. the well casing. 7 . All holes and depressions shall `be filled and .packed with native earth. All oil, waste oil; refuse or waste material shall be removed from the drill site . (1284) BUSINESS. OIL -S 23,69 S : 2369 Notices . Every operator of any well shall designate an agent, or agents who is a residerit. of the State of California, upon whom all orders and notices provided in this Code may be served in per- son, or by registered or certified mail . Every operator .so designating such agent shall within ten (10) days notify the Department of Oil Field Control, in writing, of any change in such agent or such mailing address unless operations within the City are discontinued. Service by registered, or certified mail, or in. person on the agent so designated shall con- stitute service for all purposes of this Code . S . 2369. 1 Transfer of Operator. The. operator shall notify the Depart- ment of Oil Field Control in writing on the final- transfer of any oil well for any purpose for an inspection of such well and a release from all Departments shall be given when and if such well does conform to all regulations. in this.- Code.. Within ten (10) days after such transfer by reason of sale; assignment, transfer, conveyance or exchange, a notice shall be given and shall contain the following: (a) The name and address of the person to whom. such property and well was sold, assigned, transfered, conveyed or exchanged. (b) The name and location of the well. (c) The date of sale, assignment, transfer, conveyance or exchange . (d) The date when possession was relinquished by the former operator. ' A description of the properties and equipment transfered. S .. . 2369.1. 1 Every person who acquires any well, property or equipment, whether by purchase, transfer, .assignment, conveyance, ex- change or otherwise shall .within ten (10) days after acquiring such well, property, or equipment. notify the Department of Oil Field Control; in writing, of his ownership. The notice shal]i contain the following: (a) The name and address of the person from whom such well and property was acquired. (b) The name and location of the well. (c) The date of acquisition. (d) The date possession was acquired. (e) A description of the properties and equipment. transfer.e (f) The person designated for service of notice of address . Y S . 2369. 2. Suspension of Drilling and Redrilling Operations . The operator of any well shall notify- the Department of Oil Field Control, in writing, of any temporary suspension of operations , pending a resumption of operations or abandonment . BUSINESS OIL S . 2370 ARTICLE 237 ,SAFETY S . 2370 Access To The Well Head. At all times there shall be. .connected, a minimum of,% 2' pipe with suitable gate valve in good working condition., to the casing for the purpose of bleeding off casing. pressure . and for hook-up to inject water, mud or cement to kill the well during an emergency. S . 2371 Blow Out Prevention. In all cases protection .shall, be provided to prevent the blow-out of an oil well during dril-ling,. redrilling and abandoning of any oil well and shall conform to the requirements of .the State of California, Petroleum. Safety Orders - Drilling and Production Section 66.91 of the Administrative Code of California. At all times this equipment must be installed properly on the well head and in operating condition. ' At all times that such well is not being serviced the well or tubing head shall be securely bolted, gasketed and maintained to prevent blowout or leakage . S .. 2372 Cellars . Such cellars. shall be safety covered; reasonably free from water, oil drilling . fluids , rubbish, debris , or.. k other substances which might. consti.tute a hazard, except during drilling and servicing . operations . S . 2373 Fences. All leaseholds or drill sites shall be fenced according to one of the following requirements or attended 24 hours a day by an adult- (a) Individual Drill Sites . All individual drill sites , with oil well production equipment having external moving part's hazardous to life or limb or a sump hole, shall be enclosed by a chain link fence or similar type of a height not less than six (6) feet . (b) Controlled Drill Site. and Driliink. Island. A controlled drill site or drilling island may be enclosed by a .fence on the boundary lines of said controlled drill site with a chain .link, block wall, or similar type fence of a height of not less than six (6) feet. If the fence is of a_ block wall type, or similar permanent nature , the gate opening into the controlled drill site will be . a minimum of 20 feet in width. (c) Leasehold. A leasehold may be fenced on the perimeter boundaries of said leasehold with a chain link fence, or a type of similar nature . S . 2374, OIL BUSINESS S... 2374 Gates . All gates will be locked when the site is un- attended, or if a leasehold fence is not attended by a person who is within a reasonable sight distance from the open gate . S . 2375 Muffling Exhaust. The engines used .in connection with the drilling of any oil well or in any production equipment of any oil well shall be equipped with an exhaust muffler to prevent excessive or unusual noise . Means shall be provided on All engines used during drilling operations to prevent the escape of flames , sparks , ignited carbon and .soot . S . 237.6 No. Smoking Signs . NO SMOKING signs shall be posted and maintained in all locations subject to no smoking regulations . All such signs shall have letters four (4) inches in height, with not less than 2 inch stroke and shall be posted and . maintained at readily visible locations approved or designated :by the Fire Marshal. Such signs shall be read letters on white background. S .,.2377 Pulling Masts . All pulling masts shall be in conformity with American Petroleum Institute Standards for portable derricks or its equivalent; shall be properly guyed or braced at all times the .mast is in, use , if the mast is not a self-braced type. The mast and machinery shall be equipped with all safety requirements of the Division of Industrial Safety of the State of California. S . 2378 Pulling Line . Stripper. All. pulling or bailing wire lines shall be adequately stripped and other precautions taken to prevent fluid. from being carried on the line over the block to prevent spraying adjoining houses , buildings , streets , sidewalks or property. S.. . 2379 New Materials , Process .or Operations . The Mayor or. Member of the City .Council; the Fire' Marshal; Superintend ent of Department of. Oil Field. Control, Director of Building, a repre- sentative of .the- Western Oil and Gas Association and a representative of the Huntington Beach Independent Oil Producers Association' 'shall act .as a committee to determine and specify, .after giving affected. Persons an opportunity to be heard, any new materials ; processes or operatioris , .which shall require permits or minimum standards of safety, in addition to those enumerated in said Code . Then the Superintendent of Oil Field Control shall post such list in . a conspicuous place. in his office and. distribute copies thereof. to interested persons . This committee shall meet annually or upon request of any committee member for the purpose of discussing new processes or revisions or up-dating of this Code . The .Superintendent of Oil Field Control shall act as secretary of this }` committee . K . . : BUSINESS OIL S . 2381 ARTICLE 238 ENFORC EMENr S . 2381. Responsibility. It shall be the. duty of the Superintendent of Oil Field Control .to enforce the provisions of this Code. If at anytime the Superintendent finds any operator is vi- olating any-of the provisions .of this Code, the .operator will be notified. in writing of the specific violation, and may be given a reasonable time to comply. If in the opinion of the enforcing agency a condition exists , which creates an immediate or imminent peril or danger, he may order the operator to comp I' immediately, and if this is not complied with then he may .order the immediate cessation of operations ; S.. 2382 Permission To Enter The Premises . The .Council or any . . officer or employee of the. City., -or other agent designated .for that purpose, shall- have the right and :privilege: at any time to enter upon an remises. u on or. _from: which. anY P o erations are .bein P Y p . P g conducted .for which any permit has, been issued .or is required hereunder, for,the- purpose -of making any of the'. inspections in this chapter, or in...any. other ordinance of the City, provided to be mqde, or for any other lawful purpose. S . 2383 Appeal-, From Superintendent:es• Requirements . In the event that any operator, drilling, redrilling, well 'servicing company, maintenance person, Company, , firm, or corporation feels that an undue hardship exists by reason. fo any decision of the. Super ntendent; or any requirement by him for the issuance of any permit; such person, company, firm or corporation may within 20 days_, -file written applica- tion to the City Council of the City of Huntington Beach in accordance with the procedure in the following section. . . .S. 2384 Appeals , The City_ Counci.l of the City .of Huntington Beach shall' have and exercise the power to' hear 'and 'determine appeals where it .is alleged there is error or abuse of discretion in any. order, requirement, decision or. determination made by the Depart- ment of Oil Field Control in the administration or enforcement of any of the provisions of this Code. An appeal shall be- in .writing and shall be filed in triplicate in the _ office of the :Oil Field. Control. An appeal from any order, require- ment, decision or determination by the appellant: must be set forth specifically wherein it is claimed there was an error or abuse of discretion by` his. action or where the decision is not supported by ' pp' the evidence in the matter. `2385' OIL BUSINESS Any appeal not filed. within twenty (20) days from and after the date of the _order, requirement, decision or. determination complained ' ;of shall be dismissed by the City Council of the City of Huntington Beach. 'Within five (5) days from and after filing of the appeal, the Department of Oil Field Control shall transmit to the City Council all papers involved in the proceedings and two (2) copies of the appeal. . In addition he shall make and transmit to the Council such supplementary report as he may deem necessary to present clearly the facts and circumstances of the case. A copy will be mailed to the appellant two (2) days prior to the hearing. Upon receipt of- the. -record, the Council shall set the matter for _ hearing and give notice by mail of the time, place and purpose °E thereof to appellant, - and any other party at interest who has requested in writing to be so notified and no other notice need .be given. Upon the date for the hearing, the Council shall hear' the appeal, unless , for ,cause the Council .shall on that . date continue the matter. :No .h6tice of continuarice. need be .given if the .order therefor be announced at the time for which the hearing was seta Upon the Hearing of such. appeai, the Council may affirm, change or modify the ruling, decision or determination appealed from or .in lieu thereof may make such other or additional °termination as is shall deem proper in the premises , subject to the. sa a limitations as are placed upon the appellant by this Code and by any . other provisions 4 of- lawn So- 238-5. Penalties. Any person violating any of the provisions of, the.. Huntington Beach Oil Code shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punish- r able by a fine of..not more than $_500 M or imprisonment in the County Jail of a: period of not more than one year or by both such .fine and impris.onment. . Each person shall be deemed guilty of a. separate offense, ` if the operator makes no reasonable attempt to correct the violation. 2386 Application of Code. This .code does hot affect. the use of property existing on the effective date of this ordinance. Such. use- depending on the zoning ordinance will be non- conforming but the use. cannot be .expanded. All other provisions of this code excepting that pertaining .to the use will be -applicable to these properties or 'operations Se . 2387 Severability. If any sections, subsection., sentence, clause, ra or phrase of this Chapter .is , for any reason, Yield to be 1.:, Invalid or, unconstitutional,' such .decision shall not affect- the validity of , the remaining portion of this Chapter. The City Council of the City of Huntington Beach hereby declares that it. would have passed this ` Chapter, and. each article, section, subsection, sentence, clause_ or phrase ther-of, irrespective of the fact that any one or more of the articles , sections , subsections , sentences, clauses or phrases be declared invalid or unconstitutional. J' -� � CITY OF HUNTINGTON BEACH .9 INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To ALICIA M. WENTWORTH From WILLIS MEVIS City Clerk Assistant City Attorney Subject Oil Department Date March 11, 1974 Would you please obtain for me two copies of all ordinances , resolutions , or whatever pertaining to the establishment of, and any subsequent changes to or about, the Oil Department. WM:lm /6 /Z� 92, CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To David D. Rowlands, City Administrator From John rens, Director of Bui i g& Community Development Subject Recommendation - Howard O'Brien's Date July 10, 1973 Oil Well "Dollar" #8 R the nature of the matter the Department has no recommendation ent time. on of the property will be made late Monday, July 16, 1973 recommendation based on the condition of the property at ill be made to the Council at the time of he hearing. ecd .t / 1 D 1973 HUW1INGTO% QE�CN C1 OF pOM�N�$TRpiivE OFFICE v � . w CITY OF HUNTINGTON BEACH 1 INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH DEPARTMENT OF BUILDING & COMMUNITY DEVELOPMENT To Alicia Wentworth, City Clerk From H. A.T, 1973 il Field Superintendent Through Johnens, Director Subject Nuisance Abatement of Howard O'Brien's Date June Oil Well "Dollar" #8, Located on Lots 9 & 10, Block 110, Huntington Beach Tract. Please read the attached letter and include on the Council agenda of July lei, 1973. ecd City of Huntington Beach I P.O. BOX 190 CALIFORNIA 92648 1 DEPARTMENT OF BUILDING & COMMUNITY DEVELOPMENT June 11, 1973 CERTIFIED MAIL Mr. Howard O'Brien 1442 La Colina Tustin, CA 92680 Dear Mr. O'Brien: SUBJECT: NUISANCE UPON YOUR PROPERTY LEGALLY DESCRIBED AS LOTS 9 & 10, BLOCK 110, HUNTINGTON BEACH TRACT, ALSO KNOWN AS YOUR OIL WELL SITE "DOLLAR" #8. Notice is hereby given that pursuant to Chapter 23 of the Huntington Beach Ordinance Code, the City Council has declared conditions such as these on the above subject property to constitute a public nuisance, which must be abated by the removal of the objectionable material or conditions. Otherwise, it will be removed and the nuisance abated by the City, and the cost of removal assessed upon the lands and buildings from or in front of which the oil well equipment, concrete, rubbish, refuse, etc., are removed, and shall constitute a lien upon such land until paid. All those notified who have any objections to the proposed removal of the above material are hereby notified to attend the meeting of the ', Huntington Beach City Council in the Council Chambers of the City Hall at 7:00 p.m. or as soon thereafter as possible on the loth day of July 1973, when such objections shall be heard and given due consideration. Very truly yours, DEPARTMENT OF BUILDING _ d COMMUNITY LOPMENT JOHN B ENS, irector it Field uperintend ecd Enclosure BUSINESS OIL s : 2356 S . 2 RULES FOR LAYING DRAIN PIPE TO SANITARY SEWER. The drain from the clarifier tank to the public sewer shall be laid o an even grade and straight with a fall of not less than one-quarter f an inch per lineal foot to a point on the line where an elbow may placed from whence the said drain shall descend. to the "Y" on sai ewer at an angle of ninety (90) degrees . All drains connected ith the sewer shall be of vitrified salt-glazed sewer pipe of the b t quality and of not less than four (4) inches in internal diameter; all joints therein shall be neatly made with Portland cement compose of one part of said cement and two (2) parts of clean sand., and aid joints shall be carefully swabbed out; all work must be left unco ered until the same has been properly tested and inspected . All anges in drain pipe must be made with one-eighth bends of "Y" and o -eighth bend; "Ts" are allowed in drain work. All sewer laterals extending to the public sewer shall be laid at a depth of not less t n three ( 3) feet at the property line . The sewer connection to the sanitary stem shall be properly vented . S . 2361 OIL BUSINESS ARTICLE 236 IDLE WELLS 0aL-2361 An oil well shall be an idle well in the following sit- ua 1) If it produces less than f crude oil or other by rocarbon su s antes o ess than 100,000 cubic feet of gas for sale, lease use, or storage within army n;r,Pi a� c nsecutive da riod commencing on or after the effective date of his cha er; or AIVV /1715 (2) If production thereof of oil, gas , and other hydro- carbon substances has ceased with intent of the operator, and/or well owner to cease production permanently. (3) Injection or disposal wells shall not be deemed idle pursuant to the above subsections (1) and (2) . S . 2362 PRODUCTION REPORTS . The operator of any well shall file with the oil field department, during the first thirty ( 30) days of each quarter, for the last preceding calendar quarter, a statement in such form as the oil field superintendent may designate, showing: (1) The amount of oil and gas produced. from each well during the period. indicated and the number of days during which fluid was produced from each well. (2) The number of wells drilling, redrilling, producing, idle, and owned or operated by such person. ( 3) In lieu of the above, the operators may submit to the oil field superintendent copies of State of California Department of Oil and. Gas, Form 110 Report, as submitted to the State Department of Oil and Gas . (4) Oil operators and/or buyers of gas from wells in Huntington Beach shall be required to meter such gas for inspection and review by the oil field superintendent when the latter requests same . S . 2362 .1 Failure to Report Production. Failure to report produc- tion as required by the above provision, shall consti- tute a misdemeanor and subject the parties failing to report, to the provisions of Section 2309 of this chapter. S . 2362.2 False Reports . Filing a false, fraudulent, or intention- ally inaccurate report shall constitute a misdemeanor punishable by fine, imprisonment or both as set forth in Section 2309 of this chapter. S . 236 REMOVAL OF IDLE EQUIPMENT. When a well is etermined o be an e we u c 61—f_th' code, the s ace s ' d well site sh be--rRean dpur-quant_to the-T fo wing: 1 June 11, 1973 Public nuisance conditions, presently existing upon the Howard O'Brien property legally described as Lots 9 & 10, Block 110, Huntington Beach Tract. Said nuisance conditions which must be abated by removal are as follows: Remove: One (1) Lufkin Pumping Unit Cement cellar and slabs, backfilling with compactable soil Barrels, cans, concrete, miscellaneous trash and debris and any other materials or conditions that are contrary to the Huntington Beach Ordinance Code. BUS INFSS OIL S . 2363 (1) (1) Notice shall be sent by the oil field superintendent, by registered or certified mail, to the owner of the fee simple inter- es in the land on which such well is situated as shown on the last equalized assessment roll, and to the owner of the mineral rights on which such well is situated as shown on the last equalized asses- sment roll, and the operator of such well as indicated on either the. records of the State Division of. Oil and Gas, Department of. Natural Resources or the records of the Department of Oil Field Control. Once the notice is sent, the well or wells specified therein may not be activated unless the requirements of Article 237 of the Huntington Beach Ordinance Code are adhered to and satisfied . (2) Content of Notice . Said notice shall indicate the name and location of the well in question and a statement by the oil field. superintendent of the reasons why such wet--_ is deemed to be an idle well as defined by Section 2361 of this code . The notice shall con itut a " otice t Abate a Public Nuisance" � 3 p su o ection 37 a California enal Code . /P^Illy ( 3) Within ninety (90) days after said notice has been given, the parties to whom the notice has been sent shall clean and ` restore the well and drill site and surface in conformity with the following requirements: (a) The derrick and all appurtenant equipment thereto existing above the surface of the ground level shall be removed from the drill site . (b) The drilling and production equipment, tanks , towers and other surface installations shall be removed from the drill site or tank farm site . ( c) All concrete, pipe (except tubing head) , wood and . other foreign materials existing above or on the surface of the ground level shall be removed from the drill site or tank farm site . (d) All oil, waste oil, refuse or waste material including debris, junk, unkempt and accumulated. piles of miscellaneous material shall be removed from the drill site or tank farm site . (e) The rathole and all holes, depressions and sumps shall be cleaned out of all foreign material (except well cellar walls) regardless of depth and. filled and packed with clean native earth. ( f) The well head shall be capped with a blind flange and a minimum of one-inch steel bleeder valve shall be installed, . which shall be locked in. a closed position. (4) The time period provided for compliance herein shall be suspended from the date an appeal is filed pursuant to Section 2304 of this code, until final decision is rendered.-,on said appeal. (5) Wells Producing Gas Only. Within ninety (90) -days of the effective date of this chapter all operators with wells pro- ducing gas only, shall remove all equipment unnecessary for the production of gas from the operation site . I S . 2364 OIL BUSINESS y S . 236 ABANDONMENT PROCEDURE. Whenever "abandonment" occurs pursuant to the' requirements of the State Department of Oil and Gas , the party so abandoning shall be responsible for the restoration of the drill site and oil operation site to its original condition as nearly as practicable in conformity with the regulations of this code, including the following requirements: ( 1) Well Requirement. The responsible party shall fur- nish the superintendent with: (a) A copy of the approval of Division of Oil and Gas, Department of Natural Resources, confirming compliance with all aban- donment -proceedings under the state law; and (b) A notice of intention to abandon under the provis- ions of this section and stating the date such work will be commenced : Abandonment may then be commenced on or subsequent to the date so stated ..._ (2) -Surface Requirements . Abandonment shall be approved by the superintendent after restoration of the drill site and the sub- surface thereof has been accomplished in conformity with the following . i requirements: i (a). The derrick and. all appurtenant equipment thereto shall be removed from the d.rill site . i (b) All tanks, towers and other surface installations shall be removed from the drill site . ( c) The oil well casing shall be cut off at bottom of cellar, and if there is no cellar, six (6) feet below the drill site grade at the cellar, but in no case below sea level. Nothing shall be replaced in the- hole above the point of cut-off until the cut-off has been inspected by the superintendent and by him found to be in compliance with all applicable provisions of law. i ( d) All concrete, pipe, wood and other foreign mater- ials shall be removed from the drill site to a depth of six (6) feet I below grade, unless it is a part of a multiwell cellar that is being used in connection with any other well for which a permit has been issued . (e) The top twenty-five (25) feet of the remaining cas- ing, including the annulus, shall be filled with a cement plug. i ( f) A steel cap of not less than the same thickness of the casing shall be welded to the casing around the entire circum- ference of the well casing . I (g) All- holes and. depressions shall be filled and. packed with native earth. All oil, waste oil, refuse or waste material shall - be removed from the drill site . i ( 3) As to wells abandoned prior to .the effective date of this chapter, before construction or improvement work is to occur on the for- mer oil leasehold or drill site, the surface requirements of this sec- tion shall be met. i i BUSINESS OIL S . 237k-,, .. ARTICLE 237 NUISANCE ABATEMENT S.` 23 DECLARATION OF NUISANCE. WHEREAS, oil well structures.,- and appurtenances which abound' in the City of Huntington_, Beach, are unsightly and impair the scenic beauty of Huntington Beach; and The conditions on or about' oil well sites often constitute a hazard. to the health and safety of the public; and Such structures. and equipment are often left dormant and idle ; and The existence of these and other similar unsightly conditions is within the common knowledge of. those persons who live in and travel through the city and view its various areas; and These conditions have a considerable . detrimental effect on a substan- tial number of other properties including, but not limited to pollution and diminution of surrounding property values; and Huntington Beach is one of the fastest-growing cities in the nation, is continuing to grow at a rapid rate , and , in addition, said city- attracts five million visitors per year, and therefore , .the afore . stated conditions will detrimentally involve a growing number- of people and property in the city; and CvJ he abatement of such conditions will enhance the appearance and alue ofthe blighted properties and, abatement of such conditions ill also appreciate the value and appearance pf residential proprties in the general area, and ultimately wi�ll . improve the image- f Huntington Beach as a city of beauty and progress ; and The abatement of these conditions is in the best interest of the health, safety, morals and general welfare of the citizens of the .. City .of Huntington Beach. Now, therefore , the oil field superintendent shall compile lists and descriptions of such property on and about the area upon-.which. t ere exis` is or d"i�_ _xis oil well structures and appurtenances whereon there exists the aforesaid conditions , including but not limited to, property upon which there is waste , junk, trash,. debris:;.: : lumber and any conditions not maintained in a clean, neat and sari itary condition, nd/or idle wells and e ui ment, de terioratng:.arid.__' . defective structures , all of w is cons i.tute , and are further declared to cons itute a public nuisance . The creation and/or ,:mari-= tenance of a public nuisance hereunder shall constitute-. a viol&t� 6r1;;L__ of the Huntington Beach Oil Ordinance . S . 2371. 1 Upon completion of the aforementioned lists and. .descr p: tions of lots, the oil field superintendent shall mail.= or serve a notice to abate a nuisance on the property owners`, lessees of surface or mineral rights , and/or oil operato-rs o`r o.Ccc'u pants thereon. S . 2371.2 OIL BUSINESS ` S-. 2371 .2 Form of Notice . The notice is to be sent. by the oil field superintendent and shall be as fellows: Notice is hereby given that pursuant to Chapter 23 -� of the Huntington Beach Ordinance Code , the City Council has declared conditions sur-h as those on the property at to constitute a public nuis- ance, which must. be abated by the removal of the objectionable material or conditions . Otherwise, it will be removed and the nuisance abated by the city, and the cost of removal assessed upon the lands and buildings from or in front of which the rubbish, re- fuse, etc . , are removed, and shall constitute a lien upon such land until paid . All those notified who have any objections to the pro- posed removal of the above material are hereby noti- fied to attend the meeting of the Huntington Beach City Council in -the Council Chambers of City Hall on the day of _ 19'( , when such objections shall be heard ai,,T given due con- sideration . I S . 2371 . 3 Hearing and Resolution . Upon termination of the hearing., the City Council, if it finds a nuisance , . shall pass the appropriate resolution, directing action on said lots , which res- olution shall read as follows: I RESOLVED by the City Council of the City of Huntington Beach; whereas the City Council caused written notice to be sent to the recipient as listed on the lists of lots , to clear said lots of the objectionable matter; and All parties desiring to object to said notice were heard on this day of.' NOW, THEREFORE, it is ordered that the oil field superintendent abate the nuisance and assess the cost to those responsible for the property as per the above lists , as approved . I S :" 2371 .4 Work. Costs Report . Hearing, on !'assessments . Reso- lutions . (1) The lot-cleaning work shall proceed under the di- rection of the oil field superintendent and may be done by city i forces or private contractor. (2) The individual in charge of the :cork shall keep a record and account of the costs of abatement. . ( 3) Upon completion of the work, a report shall be sub- mitted to the City Council and a hearing date set . i "Its. July 5, 1973 TO : City Council FROM: City Attorney SUBJECT : Resolution Authorizing Nuisance Abatement At the request of the Director of the Department of Build- ing and Community Development , we transmit herewith a resolution authorizing the abatement of a nuisance concern- ing oil well "Dollar #8" located on Lots 9 and 10 , Block 110 , Huntington Beach Tract . Respectfully submitted, DON P. BONFA City Attorney DPB : lm Attachment i CITY OF HUNTINGTON BEACH V19 INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To David D. Rowlands, From John a rens, Director City Administrator Buil Community Development Subject Lansdale Oil Well Date Ju 27, 1973 Lot 6, Block 618, Huntington Beach Tract, 17th Street Section A hearing has been set for the Council meeting of July 2, 1973, to consider the subject matter. Since issuing the notice establishing the time and date of the hearing the property has been cleaned and the required work has been accomplished. Accordingly it is our recommendation that the City Council terminate these proceedings. X, vl y 1 , I . y F ' CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH Department of Building & Community Development To Alicia Wentworth, City Clerk From H. A D , Oil Field- Superintendent Through Joh a yens, Director Subject Nuisance Abatement of Arlyne Lansdale's Date May , 973 Oil Well "Lansdale" V, Located on Lot 6, Block 618, 17th Strget Section, Huntington Beach Tract. i Please read the attached letter and include on the Council agenda of July 2, 1973. ecd S � � �1 City of Huntington Beach P.O. BOX 190 CALIFORNIA 92646 DEPARTMENT OF c I BUILDING & COMMUNITY DEVELOPMENT 4 � May 31, 1973 �i CERTIFIED MAIL Mrs. Arlyne Lansdale 8331 Westminster Avenue :i Westminster, California Dear Mrs. Lansdale: SUBJECT: NUISANCE UPON YOUR PROPERTY, LEGALLY DESCRIBED AS LOT 6, BLOCK 618, HUNTINGTON BEACH TRACTr 17th STREET SECTION. I � Notice is hereby given that pursuant to Chapter 23 of the Huntington Beach Ordinance Code, the City Council has declared conditions such as those on the property at 606 18th Street, Huntington Beach to constitute a public nuisance, which must be abated by the removal of the objectionable material or conditions. Otherwise, it will be removed and the nuisance abated by the City, and the cost of removal assessed upon the lands and buildings from or in front of which the oil_well. equipment, concrete, 1 rubbish,refuse, etc., are removed, and shall constitute a lien upon such.land until paid. All those notified who have any objections to the proposed removal of the above material are. hereby notified to attend the meeting. of the Huntington Beach City Council in the Council Chambers of City Hall at i 7:00 p.m. or as soon thereafter as possible on the, 2nd day of July 1973, when such objections shall be heard and given due consideration. Very truly yours, DEPARTMENT OF ING d COMMUN TY 0 JOHN B ec r RBERT A. D Oil- Field Supertintendent ecd Enclosure i May 31, 1973 Public nuisance conditions presently existing upon the Mrs. Arlyne Lansdale property legally described as Lot 6, Block 618, Huntington Beach Tract, l7th Street Section. Said nuisance conditions which must be abated by removal are as follows: Remove: Two (2) 500 barrel tanks including stairway One (1) Circulating oil heater Two (2) Clarifying tanks One (1) Separator One (1) Parkersburg pumping unit Two (2) Concrete slabs One (1) Concrete cellar Miscellaneous piping One (1) power pole including panel box enclosure, and any other materials or conditions that are contrary to the Huntington Beach Ordinance Code. 00,11, t I f f QLL BUST„ NESS 237_1.2 Form of Notice . The notice is to be sent: by the *oil '. ' field superintendent and shall be as ['allows: Notice is hereby given that pursuant to Chapter 23 G�.. of the Huntington Beach Ordinance Code , the City v Council has declared conditions such as those on an the property at _ }:= to constitute a, pul,lic nuis- ' ance, which must be abated by t rie removal or the <: ,.: objectionable material or conditions . Otherwise, it } will be removed and the nuisance abated by the city, sr and the cost of removal assessed upon the lands and buildings from or in front of which ,he rubbish, re- fuse, etc . , are removed, and shall constitute a lien upon such land until paid ._ .4g All those notified who have any oU.- r dons to the pro- s .: posed removal of the above material_ are hereby noti- '' fled to attend the meeting of the Huntington Beach ` City Council in the Council Chambers of City Hall on the day of _ _ , 1.97 , when such objections shall be heard ar;d i von due con- sideration. S . 2371. 3 Hearing and Resolution. Upon, term nation of the hearing, the City Council, if it rinds a. nnisa.i,ce , shall pass the appropriate resolution, directing action on said lots , which res- olution shall read as follows: RESOLVED by the City Council of the City' of Huntington Beach, whereas the City Council caused writ;ten notice to be sent to the recipient as 1. 1L.sted on the lists of lots, to clear said lots of the o►jecti.onable matter; and All parties desiring to object to said notice were �= - heard on this day oi, NOW, THEREFORE, it is ordered that- the o A.l fie ld superintendent abate the nuisance and assess the cost to those responsible for the property as per the above lists, as approved . S . 2371.4 Work. Costs Report . Hea.r.in:-,__on As.sessinents . Reso- lutions . (1) The lot-cleaning work shall proceed under the di- rection of the oil field superintendent and may be done by city forces or private contractor. (2) The individual in charge of the work shall. keep a record and account of the costs of abatement . (3) Upon completion of the work , a. report shall be sub- i t mitted to the City Council and a hearing set . G RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING NUISANCE ABATEMENT WHEREAS, pursuant to Article 237 of the Huntington Beach Ordinance Code, certain structures and conditions existing on and about property within the City of Huntington Beach -are deemed to constitute a public nuisance, and The City is empowered,. upon appropriate procedures, to abate such nuisances , and Notice was sent to Mrs . Arlyne Lansdale on May 31, 1973 that such a nuisance existed concerning oil well "Lansdale #7" located on Lot 6, Block 618, 17th Street Section, Huntington Beach Tract, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that whereas the City Council caused written notice to be sent to Mrs . Arlyne Lansdale to clear the above described property of the objectionable matter, and All parties desiring to object to said notice were heard on this 2nd day of July, 1973, NOW, THEREFORE, it is ordered that the oil field super- intendent abate the nuisance and assess the cost to those responsible for the property as per notice of the oil field superintendent . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of July, 1973 . Mayor ATTEST: APPROVED AS TO FORM: DON P . B, NFA, City Attorney By lm City Clerk Ass 'a ` ity Attorney I:, r ; r June 25, 1973 TO: City Council FROM: City Attorney SUBJECT: Resolution Authorizing Nuisance Abatement At the request of the Director of the Department of Build- ing and Community Development , we transmit herewith a resolution authorizing the abatement of a nuisance concern- ing oil well "Lansdale #7" located on Lot 6, Block 618, 17th Street Section, Huntington Beach Tract . Respectfully submitted DON P. BONFA City Attorney A.WssisStant BVIS City Attorney WM: 1m Attachment RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING NUISANCE ABATEMENT WHEREAS, pursuant to Article 237 of the Huntington Beach Ordinance Code, certain structures and conditions existing on and about property within the City of Huntington Beach are deemed to constitute a public nuisance, and The City is empowered, upon appropriate procedures, to abate such nuisances , and Notice was sent to Mrs . Arlyne Lansdale on May 31, 1973 that .such a nuisance existed concerning oil well "Lansdale #7" located on Lot 6, Block 618 , 17th Street Section, Huntington Beach Tract, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that whereas the City Council caused written notice to -be sent to Mrs . Arlyne Lansdale to clear the above described property of the objectionable matter, and ti All parties desiring to object to said notice were heard on this 2nd day of July, 1973, NOW, THEREFORE, it is ordered that the oil field super- intendent abate the nuisance and assess the cost to those responsible for the property as per notice of the oil field r superintendent . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of July , 1973• Mayor r ATTEST: APPROVED AS TO FORM: DON P . B NFA, City Attorney By City Clerk Ass a ity Attorney June 25, 1973 TO: City Council FROM: City Attorney SUBJECT: Resolution Authorizing Nuisance Abatement At the request of the Director of the Department of Build- ing and Community Development, we transmit herewith a resolution authorizing the abatement of a nuisance concern- ing oil well "Lansdale #7" located on Lot 6, Block 618, 17th Street Section, Huntington Beach Tract . Respectfully submitted DON P. BONFA City Attorney By W S VIS ssistant City Attorney WM: lm Attachment 14 May 1973 TO: City Council FROM: City Attorney SUBJECT : Ordinance Defining Geothermal Well At the request of the City Administrator and Direc- tor of Building and Community Development, we trans- mit code amendment which expands the definition of an oil" well to include a definition of geothermal well . Respectfully submitted, DON/P. B FA City tt rney 'e% WILL S MEVIS. Assistant City Attorney WM:ahb Attachment ORDINANCE NO. 1.846 AN" ORDINANCE OF THE CITY OF HUNTINGTON .BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 2301( 53) TO INCLUDE DER INITION OF GEOTHERMAL WELL The City . Council of the City of Huntington Beach does ordain .as follows : SECTION 1 . The Huntington Beach Ordinance Code is hereby amended by amending Section 2301( 53) to read as follows : 2301(5.3) WELL OR OIL WELL shall mean any oil or gas well or well for the discovery of oil .and- gas , or. any well reasonably p.resumed . to contain oil or gas . "Well.". shall inclUde -injection wells for the purpose of secondary recovery , and .disposal wells for the purpose of disposing of waste water. "Well" shall also include any well for the discovery of geothermal resources or any well on lands. producing geothermal resources or reasonably presumed to contain geothermal _resourc,es .; or. any special, well'. converte& producing well or: reactiva;t•ed orconverted .'abandoned well employed for reinjecting geothermal resources or the resi- due thereof. SECTION 2 . This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the passage of -this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News, a weekly news- - paper .of general. circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City. Council of the City of Huntington Beach, at a regular meeting thereof held on the 4th day of June, 1973 . Mayo /ahb 1 • February 7, 1969 I F The Honorable Ronald Reagan Governor, State of California State Capitol, Sacramento, California , 95814 Dear Six; I The City Council of Huntington Beach, at its regular meeting held Monday, February 3, 1969, adopted Resolu- tion No. 2925 declaring that the beaches, seashore, wildlife and marine life of the City are in danger and urging the State to adopt and enforce more stringent safety regulations for offshore oil drilling and derricks. Enclosed is a copy of Resolution No. 2925, and we urge your support in adopting and enforcing more stringent safety regulations for offshore oil drilling and derricks in the , _Pate of California, Respectfully yours, Paul C. Jones City Clerk '�, CJ j cb Enc. I i r February 7, 1969 California Division of Oil & Ga&�.. Resources Building 1416 Ninth Street Sacramento, California 95814 Gentlemen: The City Council of Huntington Beach, at its regular meeting held Monday, February 3, 1969, adopted Resolu- tion No. 2925 declaring that the beaches, seashore, wildlife and marine life of the City are in danger and urging the State to adopt and enforce more stringent safety regulations for offshore oil drilling and derricks. Enclosed is a copy of Resolution No. 2925, and. we urge your support in adopting and enforcing more stringent safety regulations for offshore oil drilling and derricks in the State of 'ealifornia. Fours very truly, f' i Paul. C. Jones City Clerk PCJ o aw' Enc. S February 7, 1969 i _Interior and Insular Affairs Committee IIouse Office Building �Ashington, D.C. 20510 Gentlemen: The City Council of Huntington Beach, at its regular meeting held Monday, February 3, 1969, adopted Resolu- tion No. 2925 declaring that the beaches, seashore, D wildlife and marine life of the City are in danger and urging the SiA66 to adopt and enforce more stringent safety regul�z'ti©ns for offshore oil drilling and derricks. I Enclosed is ,A copy of Resolution No. 2925, and we urge your supportiin adopting and enforcing more stringent safety regulations for offshore oil drilling and j derricks in the State of California. Yours very truly, i Paul C. Jones City Clerk PCJ:aw Enc. R February 7, 1969 i Senate Interior and Insular Affairs Committee Senate Office building Washington, D.C. 20510 Gentlemen: i The City Council of Huntington Beach;, at its regular meeting held Monday, February 3, 1969, adopted Resolu- tion No. 2925 declaring that the beaches , seashore, D wildlife and marine life of the City are in danger and urging the State to adopt and enforce more stringent F safety regulations for offshore oil drilling and derricks . Enclosed is a copy of Resolution No. 2925, and we urge I your support in adopting and enforcing more stringent safety regulations for offshore oil drilling and j derricks in the State .of California. Yours very truly, I I Paul C. Jones City C/lerk PCT:ata Enc. x February 7, 1969 rF Honorable James B. Utt House Office. Building Washington, D.C. 20515 My dear Mr. Utt The City Council of Huntington Reach, at its regular meeting held Monday, February 3, 1969, adopted Resolu- tion No, 2925 declaring that the beaches, seashore, wildlife and marine life of the City are in danger and urging the State to adopt and enforce more stringent safety regulations for offshore oil drilling and i derricks. ' i Enclosed is a copy of Resolution No. 2925, and we urge your support in adopting and enforcing more stringent safety regulations for offshore oil drilling and ( derricks in the State of California. Yours very truly, I i Paul C. ' Jones j City Clerk PCJ r"w Enc., February 7, 1969 Honorable Richard T. Hanna House Office Buildin Washington, D.C. 205h My dear Mr. Hanna: The City Council of Huntington Beach, at its regular meeting held Monday, February 3, 1969, adopted Resolu- tion No. 2925 declaring that the beaches, seashore, wildlife and marine life of the City are in danger and urging the State to adopt and enforce more stringent safety regulations for offshore oil drilling and derricks. Enclosed is a copy of Resolution No. 2925, and we urge r, your support in adopting and enforcing more stringent safety regulations for offshore oil drilling and derricks in the State of California. Yours very truly, Paul C. Jones City Clerk PCJaaw Enc. February 7, 1969 Honorable Craig Hower House Office Building Washington, D.C. 210515 My dear Mr. Hosmer: The City Council of Huntington Beach, at its regular meeting held Monday, February 3, 1969, adopted Resolu- tion No. 2925 declaring that the beaches, seashore, wildlife and ma*Oe life of the City are in danger and urging the Statebto adopt and enforce more stringent safety regulations' for offshore oil drilling and derricks. Enclosed is a copy of Resolution No. 2925, and we urge your support in adopting and enforcing more stringent safety regulations for offshore oil drilling and derricks in the State of California. Yours very truly, Paul C. Jones City Clerk f PCJtaw Enc. fl I R February 7, 1969 Honorable George Murphy Senate Office Building Washington, D.C. 20510 My, dear Renator Cranston: The City Council of Huntington Beach, at its regular meeting held Monday, Mnuary 3, 1969, adopted Resolu- tion No. 2925 declaring that the beaches, seashore, wildlife and marine life of the City are in danger and urging the State to adopt and enforce more stringent D safety regulations for offshore oil drilling and derricks. Enclosed is a copy of Resolution No. 2925, and we urge your support in adopting and enforcing more stringent safety regulations for offshore oil drilling and derricks in the State of California. Yours very truly, Paul -C. Jones City Clerk i PCJ:aw Enc. Ik February 7, 1969 Honorable Alan Cranston Senate Office Building Washington, D.C. 20510 i My dear Senator Cranston: The City Council of Huntington Beach, at its regular meeting held Monday, February 3, 1969, adopted Resol- ution No. 2925 declaring that the beaches, seashore, wildlife and marine life o-f the City are in danger and ur int urging the State to adopt and enforce more stringent D safety regulations for offshore oil drilling and derricks. ' Enclosed is a copy of Resolution No. 2925, and we urgFe your support in adopting and enforcing more stringent' safety regulations for offshore oil drilling and derricks in the State of California. Yours very truly, I j Paul C. Jones ! City ,Clerk PCJ:aw Enc. February 7, 1969 Walter J. Rickel Secretary of the Interior Washington, O.C. 20515 Dear Sir: The City Council of Huntington Beach, at its regular meeting held Monday, February 3. 1969, adopted Resolution No. 2925 declaring that the beaches, seashore, wildlife and marine life of the City are in danger and urging the State to adopt and enforce more stringent safety regulations for offshore oil drilling and derricks. Enclosed LA a copy of Resolution No. 2925, and we urge your support id' adopting and enforcing more stringent safety regulations for offshore oil drilling and derricks in the State of California. Ydurs- very truly, Paul C. Jones City Clerk PCJ:aw Enc. October 24, 1968 Board of Supervisors County of Orange 515 No. Sycamore Santa Ana, California 92701 Gentlemen: The Huntington Beach City Council at their regular meeting held October 21, 1968, passed and adopted Resolution No. 2858, requesting the State Legislature to enact statutes which would provide for the in- Dvoluntary termination of unproductive oil leases and release of surface rights to the fee owners . We are transmitting a copy of said Resolution for your information. Sincerely yours , Paul C. Mones City Clerk PCJ :pa Enclosure October 24, 1968 Mr. Winston Updegraff 635-A Ramona Avenue Laguna Beach, California 92651 Dear Mr. Updegraff: The Huntington Beach City Council at their regular meeting held October 21, 1968, passed and adopted Resolution No. 2858, requesting the State Legislatire to enact statutes which would promise for the in- voluntary termination of unproductive oil leases and Drelease of surface rights to the fee owners . We are transmitting a copy of Resolution No. 2858 and urge your support in the enactment of said legislation. Sincerely yours , Paul C. Jones City Clerk PCJ :pa Enclosure r-- October 24, 1968 League of California Cities Hotel Claremont Berkeley, California 94705 Attention: Richard Carpenter Gentlemen: The Huntington Beach City Council at their regular meeting held October 21, 1968, passed and adopted Resolution No. 2858, requesting the State Legislature to enact statutes which would provide for the in- voluntary termination of unproductive oil leases and release of surface rights to the fee owners . We are transmitting a copy of Resolution No. 2858 and urge your support in the enactment of said legislation. Sincerely yours , i Paul C. Jones City Clerk PCJ:pa Enclosure r _ October 24, 1968 i Honorable Kenneth Cory P.O. Box 3067 f Anaheim, California 92801 i Dear Assemblyman Cory: The Huntington Beach City Council at their regular meeting held .October 21, 1968, passed and adopted Resolution No. 2858, requesting the State Legislature to enact statutes which would provide for the in- voluntary termination of unproductive oil leases and D ne fance of surface rights to the fee owner.c� We are transmitting a copy of Resolution No. 2858 and urge your 'support in the enactment of said legislation. Sincerely yours , Paul C . Jones ! City Clerk PCJ:pa Enclosure i I i I October 24, 1968 Honorable Robert H. Burke 17732 Beach Blvd. Huntington Beach, California 92647 Dear Assemblyman Burke : The Huntington Beach City Council at their regular meeting held October 21, 1968, passed and adopted Resolution No. 2858, requesting the State Legislature to enact statutes which would provide for the in- voluntary termination of unproductive oil leases Dand r4orme of surface rights to the fee owner. We are transmitting a copy of Resolution No. 2858 and urge your support in the enactment of said legislation. Sincerely yours , r Paul C . Jones City Clerk PCJ:pa ' Enclosure i I Y' October 24, 1.968 Honorable John G. Schmitz 520 E. 4th Street Tustin, California -92680 Dear Senator Whetmore : The Huntington Beach City Council at their regular meeting held October 21 , 1968, passed and adopted Resolution No. 2858, requesting the State Legislature to enact statutes which would provide for the in- voluntary termination of unproductive oil leases n and re of surface rights to the fee owner. u We are transmitting a copy of Resolution No. 2858 and urge your support in the enactment of said legislation. Sincerely yours , i Paul C . Jones City Clerk PCJ:pa Enclosure r R October 24, 1968 Honorable James E. Whetmore 13131 Brookhurst Garden Grove, California 92640 Dear Senator Whetmore: The Huntington Beach City Council at their regular meeting held October 21, 1968, passed and adopted Resolution No. 2858, requesting the State Legislature to enact statutes which .would provide for the in- voluntary termination of unproductive oil leases ® and release of surface rights to the fee owner. We are transmitting a copy of Resolution No. 2858 and urge your support in the enactment of said legislation. Sincerely yours , Paul C . Jones City Clerk PCJ:pa Enclosure October 24, 1968 City of Torrance 3031 Torrance Boulevard Torrance, California 90503 Gentlemen: The Huntington Beach City Council at their regular meeting held October 21, 1968, passed and adopted Resolution No. 2858, requesting the State Legislature to enact statutes which would provide for the in- voluntary termination of. unproductive oil leases and release 66 surface rights to the fee owners. DWe are transmitting a copy of said Resolution for your information. Sincerely yours , I Paul C. Jones City Clerk PCJ:pa Enclosure r October 24, 1968 City of Beverly Hills 450 No. Crescent Drive Beverly Hills , California 90210 Gentlemen: The Huntington Beach City Council at their regular meeting held October 21, 1968, passed and adopted Resolution No. 2858, requesting the State Legislature to enact statutes which would provide for the in- voluntary termination of unproductive oil leases nand release of surface rights to the fee owners .. We are transmitting a co of said Resolution for PY your information. Sincerely yours , Paul C. Jones City Clerk PCJ:pa Enclosure i i I i E i i I I A r October 24, 1968 City of Los Angeles 200 North Spring Street Los Angeles , California 90012 Gentlemen: The Huntington Beach City Council at their regular meeting held October 21, 1968, passed and adopted Resolution No. 2858, requesting the State Legislature to enact statutes which would provide for the in- voluntary 'termination of unproductive oil leases and release of surface rights to the fee owners . D We are transmitting a co of said Resolution for PY your information. Sincerely yours , Paul C. Jones City Clerk PCJ :pa i Enclosure October 24, 1968 City of Long Beach 205 West Broadway Long Beach, California 90802 i Gentlemen.: The Huntington Beach City Council at their regular meeting held October 21, 1968, passed and adopted Resolution No. 2858, requesting the State Legislature to enact statutes which would provide for the in- voluntary termination of unproductive oil leases and release of surface rights to the fee owners . DWe are transmitting a copy of said Resolution for your information. Sincerely .yours, Paul C. Jones City Clerk PCJ:pa Enclosure i i k i (E f i October 24, 1968 i i r Honorable Mayor and City Council City of Signal Hill 2175 Cherry Avenue Signal Hill, California 90806 Gentlemen: The Huntington Beach City Council at their regular meeting held October 21, 1968, passed and adopted Resolution No. 2858, requesting the State Legislature to enact statutes which would provide for the in- voluntary termination of unproductive oil leases ' and release of surface rights to the fee owners . We are transmitting a copy of said Resolution for your information. Sincerely yours , Paul C . Jones City Clerk PCJ:pa Enclosure i i AUGUST 1, 1968 TO: City Council FROM*. City Attorney RE: Progress Report, Oil Bond Cases - PEOPLE b. A.C. MARION., et al. On July 23, 19682 the City presented a prima facie case to Judge Sewn of the West Orange County Municipal Court. Defendants thereafter, made a motion to dismisss which was denied, The defendants requested further con- tinuance of the case to August 23, 1968 for the purpose of, subpenaing former City Attorney Dale Bush to testify regarding oil bond forms. Defendants also agreed to discuss the possibility of filing their bonds prior to the continued trial date on a form mutually agreeable to the City Attorney and Attorneys for defendant. Respectfully Submitted, ✓ DOB P, BONA City ey i By: Deputy CJty Attorney CJD:mbc / c°jOiFs 0 T° c o,L<Y coo Atra ST 1, 1958 TO: City Council FROM: City Attorney Rom: Food Selling Cleanup - Recommended Solution This office has been requested to prepare a report for the Councils' information concerning the feasibility of a separate license for establishment-s selling food to take out; the fee for which would be higher than the present license. The ansitler is that it would not; be legally feasible to require a separate license or greater license fee for these establishments. The solution is to charge a fee for the annual, renewal of permits for food selling establishments. We have been informed that the patrons of the "take-out" food selling establishments located in the down town area of the city are eating their foods either on or near the front sidewalks of these establishments, creating a litter and cleanup problem for the city. some patrons dispose of such trash on the sidewalk or street in front of or near the est- ablishment. The question is whether existing ordinances or perhaps a fresh approach can be devised to remedy the situation. Section 7312 of the Huntington Beach' Ordinaace Code provides for the enforcement of sideilalk cleanup as follows: "Maintenance by Adjoining Lando:gner. " All persons own- ing or occupying any real property in this city fronting upon any public street, lane or alley of this city, are hereby re- quired to keep the sidewalks immediately in front of said property free from heeds and all vegetation growing thereon, except such as may be sown or planted for purposes of orn- amentation., and free from dirt., Filth,. garbage or rubbish, other than the natural soil of the sane,, and to keep said sidewalk and said space free from any hole or holes, or any obstructions dangerous to life or limb. Failure to comply with this section is a misdemeanor and may be cited as such by the Police . Department. Article 331 requires a permit of all flood handling esthblishments whether the patrons eat the food on the "premises or elsewhere" `3312.1) . They include; but are not limited to, any restaurant, cafe, lunch counter, cafeteria, soda fountain, ice cream parlor, soft drink stand, fruit and vegetable stand, grocery, neat market, bakery, popcorn or peanut stand, bottling plant, tholesal.e warehouse, food vend- ing vehicle and vessel. (3312.2) Article 731, requires the Superintendent of Streets to collect the awovnt expended for cleanup from the owner if the owner refuses to do so. (Section 731 7.1.) in such case., the city may immose a lien on- the property oisTne .'s by r4coti"d- ing the b i ll i ns w tatement in `'t;fl-? i14_'f[ce of the Count-y R co d- er. (7317.4) - ` 1.) INFORMATION ONLY COPIES TO COUNCIL.__...__ �J CONCDUS i ON In the opinion of this office:, more off ec-ive en- forcement of Article `731 is the most practiced way to enforce cleanup of city streets and sidewalks. This office fur the: suggests the following remedial measures: 1. Requiring a. cleanup cash bond of these establI.sh- ments similar to the oil cleanup bond, using sUuse criteria to justify graduation in aT:.'•.ouants from $500. to $100. 2. Require owners to maintain trash receptacles on the premises and signs notifying patrons that t is {?Legal. to deposit or throsrr trash on public property. (a) Have the city supply trash receptacles on the public right of way at %he ouner's expense. This office additionally suggests that the Health Officer and Police Department be directed by the Council to snake a -±n-depth study of the problem and furnish a 4aritten -report to the City Avtorney's Office to further define the problem for the development of alternative solutions to the r nroblem. Respectfully Submitted, DON Po BONEA C itV -t .{?4rne Bk jJvj ILI Deputy C ,� Attorney ay.,c (2) July 23, 1968 Honorable Mayor and City Council City of Huntington Beach Huntington Beach, California Attention: Mr. B. D. Castle, Acting City Administrator Gentlemen: We are transmitting herewith, a copy of a letter from Standard Oil Company, Western Operations Inc. , ]La Habra, California . Their letter is self-explanatory, and they have paid a license fee for a part of their Dbusiness which is no longer in operation. In view. of 1he foregoing, I respectfully recommend that your Honorable Body authorize a refund to Standard Oil Company in the amount of $27 .50. Sincerily yours, Paul C. Jonas City Clerk PCJ:cb enc. i I I i k I I I 1 DEFERRED City ®f Huntington Beach 13Y COUNCIL Attns City Clerk T '°• ° .s.•• �C' rl i" ,,.. . . �, Dear Sir. " Please reserve a place for me on the agenda for the next meeting of f City Council. I would like approval of the assignment of my lease, of the well kn— own as City # 1, to Mr. J.A. Lavender. He would like to steam this well for secondary recovery. His efforts with steaming the well across tho street from City #1 have been vory successful and it ii believed that .results with City #1 would be equally as good, if not better. I woul like to.know if it would be possible to get the okay on this before the 20th as they would like to get started as soon as possible, also I may not be present at that time and would like to know if ono of us neod to be present. I I have discussed this with Hcb Day and it meets with his approval. My address P.O. Box 7C3 Huntington Beach, or 1111 Main St. H.B. CX.,oe erely Y urs �r er on 3--J Oil Operator i G i I I Aj At- U i CHARLES P. McKENZIE 1 SPECIALIST Y • Land Titles Code 714 —646-6867 / • Improvement Bonds 675 Beach Street j • State and federal Lands Costa Mesa, California 92627 l ELDORADO OIL COMPANY 0 3 6 / r P. . O. BOX IZ87_ BAKERSFIELD, CALIFORNIA October .16, 1967 APPROVED BY CITY CGUNCIL 0 CT 2.3-1967 ....... City of Huntington Beach ` ` .P.. O. Box 190 __ ................ciTY riaK..... Huntington Beach, California 92648 Honorable Mayor and City-Council Re: Test well for response to steam at 17th and Magnolia .Street, Huntington Beach, California Gentlemen: Our company has just obtained.an option for an operating agreement from Contherm Recovery. Systems. They have one well located at the above address. -At the present time the well is shut-in and only capable of producing approximately 4-5 bbls/day on primary proautc'toa. We have agreed to test the well to see if it will respond to steam, however, your city requires us to set our equipment too far from our well, or build a block wall around the installation. We would be glad to comply with the block wall condition if we knew the well would respond to steam. What we propose is to allow us to steam the well for-a period of 10 days with a small Clayton Generator.-(3 million BTU per hour with 300## maximum pressure) to test the well. . We would put up a fence of a temporary nature to keep people and/or animals from the installation and meet all other safety requirements. If it is not successful we would return the well and lease back to •Contherm. If it is successful,. we would meet all the require- ments set out by your city. -Sincerely, ELDORADO OIL COMPANY Ralph K. Olivette General Manager RKO:ek INGTpy� _ 1� -= s City f Huntington Beach - Q Y o ng `FQ P.O. BOX 190 CALIFORNIA 92648 F ppUN TV Cps October 6, 1967 APPROVED By CITY COUNCIL Honorable Mayor and City Council City of Huntington Beach Attention: Doyle Miller, City Administrator Subject: Snyder & Weavers clean up bond -7,"240078 and drilling bond 240076; Well name: "Tovatt" #1 Located on lots 9 & 10, Block 107, H. B. Tract Gentlemen: All conditions for exonerating the above subject bonds _per the Huntington Beach Oil Code have been complied with. It is my recommendation that said bonds be exonerated. Sincerely yours, H. Day Oil Field Superintende HAD:jh (��NtINGTp�, J3 � =r,CO11fON )fG �FA = - City of Huntington Beach 9'yC `Fe , g09•'° ���Q P.O. BOX 190 CALIFORNIA 92648 F ppUN TY Ca` October 9, 1967 APPROVED CITY COUNCIL Honorable Mayor and City Council CITY CLFAK City of Huntington Beach Attention: Doyle Miller, City Administrator Subject: Signal Associates Drilling and Cleanup Bond Nos. 122910 & 122911 Gentlemen: The above subject bonds have been replaced by surety bond #218801 in the amount of $10,000. It is my recommendation that the above subject bonds be exonerated. ery t yours, . A. Day it Field Superinte dent HAD:jh ® VAL 11- -67 AGENDA INGTOy�``9 _____ Q City of Huntington Beach K. DATE ATTORNEY PAUL C. JONES 9'fG► `Fa IBp9,O Q P.O. BOX 190 CALIFORNIA 92648 CITY CLERK l BETTY DIEKOFF NIt 1 TREASURER DOYLE MILLER COUNCILMEN ADMINISTRATIVE DR. DONALD D. SHIPLEY, MAYOR OFFICER JAKE R. STEWART BRANDER D. CASTLE ASSISTANT TED W. BARTLETT ADMINISTRATOR ALVIN M. COEN ERNEST H. GISLER N. JOHN V. V. GREEN DR. HENRY S. KAUFMAN October 24, 1967 F B7� CITY COliNC1►. Honorable Mayor and City CouncilL �4�--r City of Huntington Beach 11 I Gentlemen: Mr. Herb Day, Oil Superintendent, has completed a survey of some 14 city lots where cleanup is required and has received the following bids for this work: Bruce Bros. $ 15, 289. 30 Yoder & Sons 17, 425.00 O'Neil Tractor 20, 742. 00 Copies of the survey report were distributed to each Councilman at the last Council meeting. If acceptable to the City Council the low bid should be received and the Mayor and City Clerk authorized to execute an agreement for the work. Yours very truly, f ogle 4iille City inistrator DM:bwo JAM ES R. WHEELER RAYMOND PICARD DIRECTOR OF PUBLIC WORKS FIRE CHIEF KENNETH A. REYNOLDS FRANK B. ARGUELLO PLANNING DIRECTOR VINCENT G MOORHOUSE FINANCE DIRECTOR - HARBORS A BEACHES DIRECTOR NORM WORTHY JOHN SELTZER RECREATION 9 OLLIN C CLEVELAND POLICE CHIEF PARKS DIRECTOR BUILDING DIRECTOR r 3� � • INGTpH� =.COPON.17f� �A -- 7y City f Huntington Beach Q y o ng 9'yG► `�eh�eoe►p �t�OQ P.O. BOX 190 CALIFORNIA 92648 F CpUN TY ca` APPRON'i;n g�- G,',"',' k;cj�;NCIC September 5, 1967 (�C Honorable Mayor and City Council """mow-_ ..... .....•. . _ City of Huntington Beach LE Attention: Doyle Miller, City Administrator Subject: Cather, Rogers, Barnes and Cree Oil Well Cleanup Bond #97479 Gentlemen: The above subject bond has been replaced by surety bond #218801 in the amount of $10, 000. 00. It is my _recommendation that the above subject bond be exonerated. Ve u yours , A. DAY it Field Superint ent HAD: jh CY) 30 iNG Tpy o - Q City of Huntington Beach 9'1C `fe ; „oe•'9 \t`�@ P.O. BOX 190 CALIFORNIA 92648 F N TY ca` APPROVED gY CITY COUNCIL August 23, 1967 17&E,�,.,19_.. ..._...... _ c r T7- •-r_card. .-.-. Honorable Mayor and City Council City of Huntington Beach Attention: Doyle Miller, City Administrator Subject: Signal Oil and Gas Company's Blanket Drilling Bond #225138 in the amount of $5, 000. 00 and dated 7-22-56. Gentlemen: The above subject bond has been replaced by surety bond #260217 in the amount of $25, 000.00. It is my recommendation that the above subject bond be exonerated. Very truly yours, 1 H. ko AY Oi Field Super nt dent HAD: jh t INGTpy�Fq City f Huntington Beach - Q Y o ng 9'yC �fQ ;iaua.� \t�OQ P.O. BOX 190 CALIFORNIA 92648 F pOUN TY cap APPROVED BY CITY COUNCIL September 8, 1g67 EP 18169. 19.__. CITY CLERK Honorable Mayor and City Council City of Huntington Beach Attention: Doyle Miller, City Administrator Gentlemen: The following oil well bonds posted by Lawrence P. Kraemer have been replaced by surety bond #202049 in the amount of $5,000.00: Cleanup and RepAir 1. "Parcan" 1 - $2,000.00 Bond - #3254933 - Posted 12-16-64 2. "Parcan" #2 - $2,000.00 Bond - #3257231 - Posted 1-13-65 3. "Parcan" #3 - $2,000.00 Bond - No number- Posted 2-4-65 4. "Parcan" #4 - $2,000.00 Bond - #3263460 - Posted 2-10-65 5. "Parcan" #5 - $2,000.00 Bond - #3278588 - Posted 6-7-65 6. "Parcan" #6 - $2,000.00 Bond - #3263927 - Posted 2-14-66 Drilling 1. "Parcan" #1 - $5,000.00 Bond - #3254934 - Posted 12-16-64 2. "Parcan" #2 - $5,000.00 Bond - #3257232 - Posted 1-13-65 3• "Parcan" #3 - $5,000.00 Bond - No number- Piosteci 2-4-65 4. "Parcan" #4 - $5,000.00 Bond - #3263459 = Posted 2-10-65 'I 5. "Parcan #5 - $5,000.00 Bond - No number- Posted 6-7-65 6. "Parcan" #6 - $5,000.00 Bond - No number- Posted 2-14-66 It is my recommendation that the above subject bonds be exonerated. Ver r y yours, A it Field Superi ndent HAD:jh �=3 ` HtINGT -_-- Q City of Huntington Beach 9yC .Q ISO- \�(O` P.O. BOX 190 CALIFORNIA 92648 F�UUN TY ca` ':1,4ugust 8, 1967 Honorable Mayor and City Council City of Huntington Beach Attention: Doyle Miller, City Administrator Subject: D. W. Elliott - Oil Well Bonds #73 03 990 and #72 68 829. Executed 3/18/58 and 1/13/58 respectively. Well names: Dabney #2 and Riggle #4. Gentlemen: The above subject bonds have been replaced by the following surety bonds: Dabney #2 Surety Bond #81 19 607 Riggle #4 Surety Bond #80 83 933 It is my recommendation that the . abo subject bonds be terminated. 1 Field Superi HAD:rmk • o c6mp Fula ally flMd D ep 0 8 04 1 HOME OFFICE OF MARYLAND BALTIMORE B O N D I N G M INSURANCE JAMES A. EVERS SEVENTH FLOOR, 629 S. SPRING STREET RONALD MEDEIROS ROBERT HECHT V. L. N. PARKER RES.VICE-PRESIDENTS LOS ANGELES, CALIFORNIA 90014 ASSISTANT MANAGERS KEITH M. HARNISH DEPARTMENT SUPERINTENDENTS ROBERT CUMMING TELEPHONE 627-9641 GORDON COY,MISC.BOND BRUCE H. McBIRNEY DUANE TURNWALL,JUDICIAL MANAGERS August 1, 1967 DUDLEY HOLADAY,FI D.-PROP. City Clerk City of Huntington Beach Huntington Beach, California Re : Bond #72 68 829 - D.W. . Elliott - Cleanup & Repair bond Well Riggle No. 4 - executed 1/13/58 Bond #80 83 933 - D.W. Elliott - Oil Well bond - Well Riggle No . 4 - executed 7/1/67 Dear Sir: We would very much appreciate your letting us know whither we can terminate bond #72 68 829 as to our liability since this bond was replaced by bond #80 83 933• Please advise . Very truly yours, R.R. Dalton RRD:rn oily BRJ D ep ON191 coipaRy HOME OFFICE OF MARYLAND BALTIMORE BON DINGEm INSURANCE JAMES A. EVERS SEVENTH FLOOR, 629 S. SPRING STREET RONALD MEDEIROS ROBERT HECHT V. L. N. PARKER RES.VICE-PRESIDENTS LOS ANGELES, CALIFORNIA 90014 ASSISTANT MANAGERS KEITH M.HARNISH DEPARTMENT SUPERINTENDENTS ROBERT GUMMING TELEPHONE 627-9641 GORDON COY,MISC.BOND BRUCE H. MCBIRNEY DUANE TURNWALL,JUDICIAL MANAGERS DUDLEY HOLADAY,FID.-PROP. August 3, 1967 . City Clerk City of Huntington Beach Huntington Beach, California Re : D.W. 4klliott - Oil Wellbbnds -Well No. Vabney No . 2 Bond #73 03 990 - executed 3/18/-58----- Bond5#81, 19 607 - executed 7/1/67 Dear Sir: We would very much appreciate your advising us as to termin&tion of bond #73 03 990 which was replaced by bond #81 19 607, as of the effective date of the new bond. Very truly yours, R.R. Dalton. RRD:rn o��ptiT INGTpy� Q City of Huntington Beach 9'j'G► `Fe ; 19a:.�° \t`�Q P.O. BOX 190 CALIFORNIA 92648 F ppUN TY ca` 3D July 10, 1967 APpR�VED BY CITY co UN.OIL Honorable Mayor and City Council - City of Huntington Beach Attention: Doyle Miller, City Administrator Subject: Atlantic Oil Companys Fidelity and Deposit Blanket Bond #8037594 Well names: "Derigo-Wood" #1, "Draper" #1, "Sanders" #1 and "Thomas" #1 Also Morton & Dolley's "Catholic Welfare" #1 under the same bond. Gentlemen: All conditions per the Huntington Beach Oil Code for-. exonerating the above subject wells from the above subject blanket bond have been complied with. It is my recommen- dation that these named wells be deleted from the list of wells covered by the subject bond. +ie yours, uperinterent HAD: jh '3 V, INGTpy ��—NORPORR�Fo �F9 We Ca - y- City of Huntington Beach 9'1G► `fey 9+� ���Q P.O. BOX 190 CALIFORNIA 92648 ppUN TY cam FAP�PROVED BY CITY COUNCIL July 107 1967 7 15e1....-....... CITY CL£RB .. Honorable Mayor and City Council City of Huntington Beach Attention: Doyle Miller, City Administrator Subject: Tidewater Oil Company's $2, 000.00 Surety Bond #070833 Well name: A,1drich Fee #2 Gentlemen: All conditions for exonerating the above subject bond per the Huntington. Beach Oil Code have been complied with. It is my recommendation that said bond be exonerated. S ' y yours, A. Day Oil Field Supe i endent HAD: jh c.c. E. E. Bunch Tidewater Oil Company BBLOIL CORPORATION Ltd. v POST OFFICE BOX 179 INGLEWOOD, CALIFORNIA TELEPHONE:OREGON 8-1215 July 3, 1967 The City Council City of Huntington Beach Huntington Beach, California Attention: Donald D. Shipley, Mayor Re: Beloil Corporation Ltd. Gentlemen: On behalf of Beloil Corporation Ltd. , I wish to acknowledge receipt of your request for the filing of bonds in accordance with Article 235 of the City of Huntington Beach . Oil Code. Upon receipt of your request to file the bonds, I j investigated the requirements of the bonding companies . I found that the requirements are more stringent than they were a few years ago. In the past the bonding requirements were fairly simple and normally required only the payment of the bond premium. However, in the case of Beloil and the City of Huntington Beach Oil Code, the bonding requirements are now that cash or securities of a value of at least $35,000 be deposited with the bonding company as a condition to the issuance of a $30,000 bond. Of course, in addition to the deposit of securities or cash, it is necessary that the bond premium be paid. We would appreciate very much the City Council' s consideration of some alternative to the bond requirements set forth in Article 235. S Beloil has been operating in the City of Huntington Beach for 35 years , and during this time we have never had any problems with either the City or the landowners . All the wells that we have abandoned have been abandoned in accordance with the rules and regulations of the City of Huntington Beach and the Division of Oil and Gas of the State of California. It is our intention to fulfill all requirements of the City and the State, as in the past. We would like to suggest that the City give consid- eration to the burdens placed on an operator such as Beloil .5.0 4L /*_ a-,i H .. / A*- t"14.eh#,Ql c July 3, 1967 Page Two who has been operating in the City for so many years . We feel that any operator who has been operating for a long period of time with a perfect record of performance with the City .and the State should be given consideration and perhaps exemption from the bonding requirements as long as such operator's performance is in accordance with your requirements and the requirements of the. State of California. Of course, if such an operator does fail to , perform- in any respect, then you would be justified- in requiring' literal compliance with the Code. We .would appreciate your consideration of this position. We feel that Beloil is a responsible operator in. all res ects . For_ the period from 1955 to 1965, Beloil paid over $30G,000 .-in taxes, and: our .tax and license payments for the past two years have averaged approximately $24,000 . per year. We cite these figures merely to demonstrate that we are a responsible operator and consider ourself a .part of the City -of. Huntington Beach.' We will continue to make a. substantial contribution to the welfare of this area and we sincerely hope that our relations with the City will be as pleasant as they have been in. the past. We will certainly be happy to meet with you at - any time; under any circumstances , to discuss this further. We will appreciate any consideration that you might give us. Yours very truly, BELOIL CORPORATION LTD. BY VID R ND DMG/ap BUSINESS OIL S . 2351 r ARTICLE 235 BONDS AND INSURANCE S . 2351 Existing Wells . On or before July 1, 1967 a bond in the form required by this section shall be filed for each well drilled prior to said effective date of this ordinance which has not been abandoned to said effective date in accordance with Chapter 24 of the City of Huntington Beach Ordinance Code . S . 2352 New Wells . A bond in the form required by this section shall be filed concurrently with the issuance of the granting of a drilling or redrilling permit. S . 2353 Bond Forms . Bonds shall be on a form approved by the City Attorney and shall be on a form similar to that in general use in the oil and gas industry. The bonds shall be filed with the Finance Dire_c.tor_.. (1984) S . 2354 Single Bonds . Corporate surety bonds in the penal sum of two thousand dollars ($2,000) . The bonds shall be executed by the operator as Principal and by the authorized surety company as Surety and conditioned that the Principal named in the bond shall faithfully comply with all the provisions of this ordinance in drilling or redrilling and maintaining all production facilities and abandonment as required by this ordinance until properly abandoned in conformity with the provisions hereof. The bond shall secure the City of Huntington Beach against all costs , charges and expenses incurred by it for reason of the failure of the Principal to fully comply with the provisions of this ordinance. The bond shall include the correct name or number of the well and such other information as may be necessary to readily identify the oil well. Any operator may furnish negotiable securities or cash in lieu of a corp.or.a.t.e. surety bond. S . 2355 Blanket Bonds . (a) Any operator may, in lieu of filing a single bond for each well as required by the foregoing section, file a bond in the amount of $5,000 if the oil operator has ten (10) or less wells , $10,000 if he has 25 or less wells , and $25,000 if he has more than 25 wells . (b) Individual operators may collectively pool their wells for the purpose of obtaining a blanket bond. If they do so, they may put up a bond under the conditions of paragraph (a) above . ' S 2356 OIL BUSINESS S . 2356 Default In Performance of Conditions - Notice To Be Given. Whenever the Department of Oil Field Control finds that a default has occurred in the performance of any requirement or condition of these regulations , written notice thereof shall be given to the Principal and to the Surety on the bond. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the Department of Oil Field Control to be reasonably necessary for the completion of such work. After receipt of such notice, the Surety shall within the time therein specified either cause or require the work to be performed, or failing therein, shall pay over to the Department of Oil Field Control the estimated cost of doing the work as set forth in the notice, plus an additional sum equal to twenty-five (25) per cent of said estimated cost . Upon receipt of such monies , the Department of Oil Field Control shall proceed by such mode as he deems convenient to cause the required work to be performed and completed, but no liability shall be incurred therein other than for the expenditure of said sum in hand. In the event that the well has not been properly abandoned under the reg- ulations of the Division of Oil and Gas , such additional money may be demanded from the Surety as is necessary to restore the drill site in conformity with the regulations of this ordinance . S . 2357 Exoneration. Any bond issued in compliance with these regulations shall be terminated and cancelled and the Surety be relieved of all obligations thereunder when the well has been properly abandoned in conformity with all regulations of this ordinance and in confirmity with all regulations of the Division of Oil and Gas and notice to that effect has been received by the Depart- ment of Oil Field Control, or upon receipt of a satisfactory substi- tute bond. So 2358 Substitution. A substitute bond may be filed in lieu of any bond on file hereunder and the Department of Oil Field Control shall accept and file the same if it is qualified and in proper form and substance and the bond for which it is substituted shall be exonerated but only if the Department of Public Works , Build- ing Department and Fire Department find that all of the conditions of the last mentioned bond have been satisfied and that no default exists as to the performance upon which the bond is conditioned. S . 2359 Insurance Requirements . Wherever insurance is required in this Code the following values will be required: $503000 property damage and $100,000 and $300,000 personal liability. a INGTpN y CITY OF - — -- — —————— —— ———— —— ——— —— —— ——— ——— ———— ———— Q v —o• Q CALIFORNIA yc 97. `P 1909 �C�UNTY GPI July 1$, 1967 0 Beloil Corporation Ltd. P. 0. Box 179 Inglewood, California. Gentlemen: Your letter requesting exemption from bonding requirements was presented to the Cityy Council at their regular meeting on July 17, 1967. After consideration the Council ordered your communication received and filed. Sincerely yours, Paul C. Jones City Clerk PCJ/st x HUnTIOGTon BfflCH UnIOn HIGH SCHOOL DISTRICT 1 S 0 2 SEVENTEENTH S T R E E T, HUNTINGTON BEACH, CALIFORNIA Y 2 6 4 6 • T,E L E P H O N E 6 8 6-D 9 6 1 HUNTINGTON BEACH HIGH SCHOOL MARINA HIGH SCHOOL WESTMINSTER HIGH SCHOOL FOUNTAIN VALLEY HIGH SCHOOL MAX L. FORNEY. ED.D. BOARD OF TRUSTEES DISTRICT SUPERINTENDENT EDWIN W. ANDERSON JOHN J. BENTLEY ASSISTANT SUPERINTENDENT ADRIAN O. HUBBELL, D.D.S. BUSINESS SERVICES JOSEPH E. RIBAL, PH.D. SCOTT E. FLANAGAN R. M. SCHMITT ASSISTANT SUPERINTENDENT - R. 8. WILSON EDUCATIONAL SERVICES. PERSONNEL June 28, 1967 City Council City of Huntington. Beach P. 0. Box 190 Huntington Beach, California 92648 Attention: Mr. H. A. Day Oil Field Superintendent Gentlemen: It is respectfully requested that the City of Huntington Beach waive the requirement stated within Chapter 23, Article 235, Section 2351, of the Ordinance Code requiring a bond for oil wells drilled prior to the effec- tive date of the Ordinance Code as pertains to the three oil wells owned by the District which are located immediately to the west of the Mainte- nance-Bus Garage Facility at the corner of Mansion and Main Street in Huntington Beach. It is noted that the purpose of the bond is essentially to guarantee aban- donment of the wells to City and State standards at such time as cessation of operation. Please be advised that the Board of Trustees took minute action at regular meeting Tuesday, June 27, 1967 to assert the intent of the District to properly abandon the wells to City and State standards at the time of cessation of operation, and further to direct the School District administration to request the City to waive the requirement for bond as stated in the Ordinance Code. Ve -ruly yours, w -W Aclerson a"Edwin Assistant Superintendent- Business Services EWA:,j e �yNT1NGTpN O� RAT CITY OF ® - -- - ` " g --- -- - CALIFORNIA Q 1809, �CDUNTY GPI July 18, 1967 d Huntington Beach Union g U on High School Dist. 1902 Seventeenth Street Huntington Beach, California 90646 Gentlemen: Your letter requesting exs*tion from bonding requirements was presented to the City Council at their regular meeting on July 17, 1967. r : t After consideration the Council ordered your communication received and filed. i Sincerely yours, i i Paul C. Jones i City Clerk i PCJ/st i %N i E I f f I I I PACIFIC IINTDIHIMINTITV GROUP PACIFIC INDEMNITY COMPANY t TEXAS PACIFIC INDEMNITY COMPANY NORTHWESTERN PACIFIC INDEMNITY COMPANY 3200 WILSHIRE BOULEVARD • LOS ANGELES, CALIFORNIA 90054 March 31 , 1967 Engineering Department � - - License Inspector City of Huntington Beach "'---'--------- Huntington Beach, California . APR 171967 Res Bond 2D Theodore J.City of HuntOil Well DribJell Groover Dear Sir: We have been advised that the above bond is no ]conger required. Please advise whether or not all the terms and conditions have been complied with and date our bond may be exonerated. Your early attention will be appreciated. Very truly yours , 1 ,7 BOND D TT M. Gaines n If/ 7�e LOTS 17, 19 & 21 Block 1131 17th Street Section,Ci ty -of.-..Huntington Beach, County G Orange , in Book 4, Page 10, Misc. 1,ps ,Oran --e County, California Well Groover No. 1) INGTpy� u ` =MCORPOR�7FO` �"7� City of Huntington Beach 9'yC `fe ;ISO-° \t`�Q P.O. BOX 190 CALIFORNIA 92648 FppuNTV % April 12, 1967 Honorable Mayor and City Council City of Huntington Beach Attention: Doyle Miller, City Administrator Subject: Theodore J. Ticktin Oil Well Drilling Bond #217769 Well Name--"Groover" #1 Gentlemen: All condition for exoneration of the above subject bond have been complied with and it is my recommendation that said bond be terminated. Sincerely yours , H. A. Day Oil Field Superin e ent HAD: llf o 1NS CITY OF HUNTINGTON BEACH c " i ENGINEERING DEPARTMENT G►���ie t�0 Huntington Beach, California �C�UNTY 6� January 24, 1967 Mr. Paul C. Jones City Clerk City of Huntington Beach Huntington Beach, California Dear Sir: Attached is a request from Pacific Ind- emnity Company for termination of Oil Well Drilling Bond No, 217769, Principal: Theodore J. Ticktin, for oil well drilled on Lots 17-19-21 Block 113, Groover No. 1. Also attached is "Report of Well Abandon- ment" from the State Division of Oil and Gas which complies with the requirements of Section 2357 of the Ordinance Code. Since this involves a bond filed on a well prior to the present oil ordinance will you give the Department of Public Works a copy of your action for our files. aVVery y yours, es R. Whe IC el Director of Public Works JRW:a Encl. cc: Dept. of Oil Field Control i PACIFIC INDEMNITY GROUP PACIFIC INDEMNITY COMPANY 1 TEXAS PACIFIC INDEMNITY COMPANY NORTHWESTERN PACIFIC INDEMNITY COMPANY 3200 WILSHIRE BOULEVARD • LOS ANGELES, CALIFORNIA 90054 January 18, 1967 City of Huntington Beach City Hall 6th and Orange Streets Huntington Beach, California Attention: Mrs. Axton Re: Oil Well Drilling Bond 217769 Principal: Theodore J Ticktin Gentlemen: Confirming our telephone conversation of last week we are enclosing Report of Well Abandonment received from the State of .California, Division of Oil and Gas, Inglewood Division. We are at this time requesting that our obligation.-.under Oil Well Drilling Bond 217769, Well Groover No.l, be terminated. If there are any questions, please call DU 1-3211. Yours truly, BOND DEPARTMENT ;Joi IFIELD JF:esf s� V 1 FORM 159 i I v � STATE OF CALIFORNIA < DEPARTMENT OF CONSERVATION DIVISION OF OIL AND GAS t j`.J'J :, REPORT OF WELL ABANDONMENT TnghxoQsi.,--------------------------- ---- -California i psc�m e�c__Z�3,--.19-63----------------"-_-------------- --------- - i Mr._H&rry--Qve s------------------------------------------------------- �1Qr__Arrsnue------------------------------------------------ Lojig_Hea_ch9- California------------------------------------ AgM: for---HAHHY_Q'A N$--------------------- DEAR SIR: Th�':UDGRE J. TI;.:KTI'i Your report of abandonment ofAVell No_"Groo-Yer-"-1_-_-..--_.._.___------------------------------ - Sec.___1Q------ T•-6--S=__-, R.-11_"_ & M., _-.-ii•antiagt-on.__Beach- ----_field, i -DrarW-------------------County, dated-December__-9+-..1963-'-, receivedDecertber-.j�j- -1963-. r - has been examined in conjunction with records filed in this office. t A. review of the reports and records shows that the requirements of this Division, 3 which are based on all information filed with.it, have been fulfilled. f 1 + 3 { 1 i RC:es tfl� Cc - Mr. R Murray-Aaron Mr. C. J. Reeves E. R. MURRAY-AARON Mr. .T. J. 'ricktin State Oil and Gat Supervisor Conservation Comm. Production Dept. Engineering Dept. - City of Huntington Bch. By - ------------ - BOND NO. 217767 dated 5-11-63 Deputy Supervisor oozed a-p eM aro �• EDMUND OWN WII E. WARNE • Govern_ of n_ .nistrator E. t. MURRAY-AARON California Resources Agency DEWITT NELSON State' :'and Gas Supervisor _, Director of Conservation r.1. KASLINE Chief Deputy Supervisor THE RESOURCES AGENCY OF CALIFORNIA DEPARTMENT OF CONSERVATION DIVISION OF OIL AND GAS 205 GOLDEN GATE AVENUE, SAN FRANCISCO 2 January 3, 1964 Pacific Indemnity Company 3200 Wilshire Boulevard. Los Angeles, California 90054 Gentlemen: All conditions having been fulfilled, liability as to future acts will terminated Dec. 9, 1963 under bond No. 217767 dated May ll, 1954 in the amount of $5,000, executed by you as surety in behalf of THEODORE J. TICKTIN as principal, covering well No. "Groover" 1, Sec. 10, T. 6S, R. 11W, S.B. B&M. Yours truly, WStaeTil and Gas Supervisor CC: 729429-62 IM SPO FORM V April 19, 1967 Pacific Indemnity Group 3200 Wilshire Boulevard Los Angeles, California 90054 Attention: M. Gaines ! Bond .Department Gentlemen: We are forwarding an excerpt of the Minutes of the regular meeting of the Huntington Beach City Council held on April 17, 1967, terminating Oil Well Urill,� g j Bond No. 217769, Theodore J. Ticktin, Yell Groover too 1. If you have any question, please do not hesitate to contact this office. Sincerely yours,. Paul Co Jones City Clerk FCJ:ed Cnc: l i PY I EXCERPT FROM MINUTES OF CITY C#CIL "MINUTES Council Chamber , City Hall Huntington Beach, California Monday. April 17. 19V Mayor ShipleT called the regular meeting of the City Council of the City of Huntington Beach to order at 4: o 'clock P.M. Councilmen Present : COen. Bartlett, Cisler. IAufman- Staorart Gzaam - Shi la Councilmen Absent : None DRILLING BOND TERMINATION The Clerk presented a recommendation from the Oil Superintendent that Drilling Bond No. 217769, Theodore J. Ticktin, Well Grover No. 1, be terminated . On motion by Stewart, Council authorized the termidation of Drilling Bond No. 217769, Theodore J. Ticktin, Well Grover No, 1, and directed that the owner and Bonding Company be notified. Notion carried . On motion by Bartiett the regular meeting of the City Council of the City of gton Beach a journe otion carried. City Clerk and ex-of icio Clerk of the City Council of the City of Huntington Beach, California ATTEST : Donald D. Shipley „ Mayor City Clerk STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) 1 , PAUL C. JONES, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and fore- going is a true and correct excerpt from minutes f the City Council of said City at -their regular meeting hetd on the 17th day of April 19.47 WITNESS my hand and seal of the said City of Huntington Beach this the 19tb day of April 119 67 u City Clerk and ex-o f cio Ulerk of the City Council of the City of .Huntington Beach, California BY: Deputy • A I /� T / T • O R N 441. VAN NUYS BOULEVARD James Patterson Young BU TE30S (2 3)A7'88g6666 A T L A W December 27, 1966 City Council City of Huntington Beach Huntington Beach City Hall 6th and Magnolia Streets Huntington Beach, California 92648 Re: Oil Ordinance 1284 Gentlemen : Please refer to the amendments proposed to the captioned ordinance which were transmitted to you by the City Attorney under date of December 15tb and were given the first reading at the City Council meeting on December 19, 1966. On behalf of the independent oil oper- ators, I should like to suggest that these amendments will be detrimental to the enforcement of the oil code and will create obstacles in permitting compliance by the oil operators in Huntington Beach. During study sessions, informal meetings, City Council meetings, and by agreement by and be- tween the operators and the City of Huntington Beach, the majority of the content of these amendments was deleted from the original draft of the Oil Code which was first proposed in the summer of 1965. The provisions in reference to derricks and to sound proofing are in excess of the requirements City Council - City of Huntington Beach December 27, 1966 Page 2 which were approved by all of the interested parties in some six or eight months of discussion, investi- gation and study. The provisions with respect to idle wells and to equipment on existing leases, including the provisions relative to minimum production requirements were deleted from the original code after careful study and discussion. We would bring to your attention the opin- ion and conclusion of many of the interested parties that these provisions, if improperly enforced, will be equivalent to condemnation of some of the oil proper- ties in the city. As you are aware, any such condem- nation must be for public use, and the operators must be paid the fair market value of their wells, equipment, casing, tanks and/or leases which may be lost, includ- ing the value of their reserves which would be subject to secondary recovery operations. As many of you are aware, the interest of the operators in these leases is considered a real property interest in California. These interests are, under the terms of the leases, terminable by the land- owner if there is insufficient production to hold the lease. It is frequently the case that a particular well may be held for use as an injection well in a pro- posed secondary recovery program. The taking of that well by the City of Huntington Beach would require condemnation. It is my opinion that it would not be legally proper to give these interests back to the landowner by the summary decision of the City of Hunt- ington Beach. In respect to additional provisions of the amendments to the code, these are presently found in y City Council - City of Huntington Beach December 27, 1966 Page 3 other ordinances, regulations and statutes. Insofar as these duplicate State laws, they conflict with California laws which pre-empt this field of regu- lation, allocated to the Division of Oil & Gas, State of California Department of Natural Resources. . It is our opinion that these provisions would be void in areas pre-empted by the State. From the standpoint of the future of the City and in furtherance of the exercise of the legislative power of the City Council, I would recommend that these amendments be tabled for a period of twelve months. It is our opinion that these amendments are not proposed in furtherance of the solution of any current or existing violations of the Oil Code. It would be our suggestion that the Oil Code, as it presently exists, be enforced fairly and impartially. If enforcement of the Code should bring any diffi- culties to the City, then, and in that event, the City may wish to amend the particular provisions which pro- vide or create the difficulty. :am y tru ours, es Patterson You g JPY:jm cc: - A. C. Marion Mr. Dale Bush Mr. Doyle Miller (Published Huntington Beach News Jan. 5, 1967) NOTICE OF PUBLIC HEARING ORDINANCE NO. 1284 NOTICE IS HEREBY GIVEN THAT the City Council of the City of Huntington Beach, California, proposes to adopt Ordinance No. 1284 entitled "AN ORDIN- ANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMEND- ING SECTIONS AND ADDING SECTIONS TO CHAPTER 23." Notice is further given that a public hearing will be held upon said proposed Ordinance No. 1284 on the 16th day of January, 1967, at the hour of 7:30 o'clock P.M., or as soon thereafter as possible, in the Council Chamber of the Civic Center of the City of Huntington Beach, at which time any and all persons in- terested may appear and be heard thereon. A copy of proposed Ordinance No. 1284 is on file in the Office of the City Clerk of the City of Huntington Beach, to which reference is made for further par- ticulars. DATED: January 4, 1967. CITY OF HUNTINGTON BEACH By: PAUL C. JONES City Clerk THIS SIDE OF CARD IS FOR ADDRESS dc U.S.PO TALE J ' Ta Ernie Dare. 1-4-67 In re: Ordinance 1284 Public Hearin Scheduled for.-l-16-67 by Council. . . Will you .please mail copies of the public liatice of this. htldz�tlry. to tile fal:towilry interested parties: . James P. 'Youn; AttorneV of .Law 4419 Van Nuys Blvd, Suite 305 Sher-m-6n Oaks, Calif 91403, Huntington B.dauh Cu. 2`110 Main:. Street Huntington,,-Beach Western Oil &'Gas Asso . PLEASE REPLY TO Los Ante eFn 7 _v Signed Signal Oil & Gas A-.C. Marion P.O.- 18892 Main 'St. Huntington Beach Standard Oil . Luckey Elliott (Wm. Attn: Mr . -A. C. Riedel La ,Habra; California C.E. Cather d . Union Oil Co. ' LongBeach, , Calif. Box 7600 Terminal Annex Los :. n eles 54 -.Calif Attention:.' .. Bill Cotrel Date Signed Redifprm, SEND PARTS 1 AND 3.WITH CARBONS INTACT. 4S 465 PART 3 WILL BE RETURNED WITH:REPLY. l STANDARD SOIL COMPANY OF CALIFORNIA, WESTERN OPERATIONS, INC. STATE HIGHWAY #39 AT IMPERIAL P. O. BOX 606 LA HABRA CALIFORNIA 90633 LAND DEPARTMENT TELEPHONE OWEN 1-2251 W. B. PARTRIDGE CONTRACT AND TITLE SUPERVISOR February 3, 1967 Huntington Beach Proposed Ordinance #1284 The Honorable Mayor and City Council City of Huntington Beach P. 0. Box 190 Huntington Beach, California 92648 Gentlemen: Please refer to your proposed Ordinance #1284, which is a proposed amendment to Chapter 23 of the Oil Regulations of the Huntington Beach Ordinance Code. Standard Oil Company of California has reviewed the revised provisions of this proposed Ordinance as redrafted by your City Attorney, Mr. K. Dale Bush, and would like to express our concurrence with all provisions as they now exist in this draft. Standard would like to express its gratitude to your Honorable Body for the opportunity you afforded the industry to discuss this Ordinance in your study session held January 31, 1967. Very r yo , ��d � � 1 From the desk , CONNIE BROCKWAY City Clerk's office 536-5226 i REQUEST FOR CITY COUNCIL ACTION Submitted by __Floyd G. Belsito Department Administration Date Prepared 22 November , 19 7R Backup Material Attached C Yes No Subject Transferring Oil Code Enforcement Responsibilities City Administrator's Comments Approve as recommended Statement of Issue, Recommendation, Analysis, Funding Source,Alternative Actions: STATEMENT .OF ISSUE On August 21, 1978, Council adopted Ordinance No. 2309 transferring Oil Code enforcement from the .Director of Building and Community Development to' the Fire Chief. On September 6 , 1978 Council voted to repeal Ordinance No. 2309 to provide time for further study. Ordinance No. 2323 was prepared and submitted to Council to accomplish the repeal. On October 2, 1978 Ordinance No. 2323 was tabled. On September 20, 1978, Ordinance No. 2309 became effective accomplishing the transfer to the Fire Chief. On November 20, 1978, some Council members indicated a desire to return Oil Code administration to the Building and Community Development Department (since incorporated into the Development Services Department) . RECOMMENDATION Amend Ordinance No. 2323 to reflect the Development Services Department and adopt. ANALYSIS See Statement of Issue above. FUNDING SOURCE General Fund in either department ALTERNATIVE ACTIONS Leave Oil Code administration in the Fire Department P10 3/78 t . REQUEST FOR CITY COUNCIL ACTION Submitted by il Hutton Department Q Jty Attorney Date Prepared I P ';P=temher , 19_n Backup Material Attached F Yes No Subject Repeal of_Ordinance No. � 2309 Transferring Oil Code Enforcement Responsibilities City Administrator's Comments J'7 p Approve as recomm ed . Statement of I , R men tion, Analysis, Funding Source, Alternative Actions: STATEMENT OF ISS At the August 21rtto il meeting, the Council adopted Ordinance No.. 2309,. transferri enforcement from the Director of Building and Community Develope Fire Chief. At its meeting September 6, 1978,the Council votedthe ordinance to provide time for further study. The attached ordinance accomplishes the repeal . RECOMMENDATION Adopt ordinance repealing Ordinance No . 2309. ANALYSIS The ordinance which repeals Ordinance No. 2309 also reenacts Huntington Beach Municipal Code Section 15.04.030 which authorizes and directs the Director of the Building and Community. Development Department to enforce the oil code. Pending the effective date of this ordinance, the City Administrator has authority, pursuant to Charter Section 401, to assign en- forcement to the building director to act as enforcement officer. FUNDING SOURCE General Fund ALTERNATIVE ACTIONS Leave oil code enforcement in the Fire Department . RCS:ahb Pio ane 15. 04. 030--15.04. 070 15. 04.030 Administration. The fire chief is hereby authorized and directed to enforce the provisions of this code. "Director" , as referred to in this title, unless the context clearly indicates otherwise , shall mean the fire chief or his duly appointed representative. (Ord. 2309 , 20 Sep 78; Ord. 2186, 1 Jun 77) 15.04. 040 Oil committee--Authorization and Duties. The council may from time to time appoint, on an ad hoc basis , an oil committee composed of the following: a member of the city council, a member of the planning commission, the city attorney, fire chief, director of planning and environmental resources , director of building and community development , or the duly authorized agents of these parties, a representative of the Western Oil and Gas Association, and a member of the Independent Oil Producers Association. The committee shall serve as an advisory body to the department and city council with regard to the content of the oil code and revisions thereof. (Ord. 2228, 19 Oct 77; Ord. 2186, 1 Jun 77) 15. 04. 050 Right of entry. Whenever necessary to enforce any of the provisions of this code, or whenever the director has reasonable cause to believe that there exists in any building or upon any premises , any condition contrary to the provisions of this code, the director may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the director by this code. If such entry is re- fused, the director shall have recourse to every remedy provided by law to secure entry. No owner or occupant or any other person having charge, care of or control of any building or premises shall fail or neglect; after proper demand, to permit prompt entry therein by the director for any purpose pursuant to this code. (Ord. 2186, 1 Jun 77) 15.04. 060 Operator' s agent . Every operator of any well shall designate himself or an agent, or agents , who is a resident of the state of California, upon whom all orders and notices provided in this code may be served in person, or by registered or certified mail. Every operator so designating such agent shall within ten (10) days notify the department in writing of any change in such agent or such. mailing address unless opera- tions within the city are discontinued. (Ord. 2186, 1 Jun 77) 15.04. 070 Well Acquisition Notice. Every person who ac- quires any well, property or site upon which oil operations exist , whether by .purchase , transfer, assignment, conveyance, exchange or otherwise , shall within ten (10) days after acquiring such well, property, or site, notify the department , 424 :i 15 .04. 010--15 . 04 .020 Title 15 HUNTINGTON BEACH OIL CODE i Chapters : 15 . 04 General Provisions 15.E Definitions 15.12 Permits and Fees 15 .16 Bonds 15. 20 Drilling and Safety Regulations 1515.E Cleanup and Maintenance 15.2$ Waste Water System 5 . 32 Nonproducing and Idle Wells 5.. 3 Nuisance Oil Wells and Sites 15;. 40 Activati'dh of Idle Wells Chapter 15. 04 GENERAL PROVISIONS Sections : 15 .04. 010 Title . 15 .04. 020 Purpose. / 15 .04. 030 Administration. 15. 04. 040 Oil committee-Authorization and Duties . 15. 04 . 050 Right of ntry . 15.04. 060 Ope\rat.or's agent . 15 .04. 070 W el.l3 acquisition notice. 15 . 04. 080 Transfer of operator. 15 . •4. O�Title. - This title shall be known and .may be cited as the City of �iuntington Beach Oil Code . "Code, " as referred to in this title, unless the context clearly indicates otherwise, shall mean the \ ity of Huntington Beach Oil Code. �/-�(Ord. 2186, 1 Jun 77) 15. 04 . 020 Purpo; e. It 1 hereby declared to be the purpose of this title to estabksh reasonable and niform limitations , safeguards and cont is for the pre en\operation of and future drilling for and pro uction of oil gas, and other hydrocarbon substances within the city so hat this activity may be conducted in harmony \ ith other uses of land within this city , thus protecting the p ople of ' the city in the enjoyment and use of their property d providing for their comfort , health, safety and general lfare. (Ord. 2186 , 1 Jun 77) (Prior Law: Ord. 280, 4/26; Ord. 418, 10/38; Ord. 515, 9/47; Ord. 1203, 5/66; Ord. 1559, 4/70; Ord. 1653, 11/71; Ord. 1814, 2/73) 423 ORDINANCE NO. 2323 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING ORDINANCE NO. 2309 AND SECTION 15. 04 . 030; AND ADDING THERETO A NEW SECTION 15 . 04. 030 PERTAINING TO ADMINISTRATION OF THE OIL CODE The City. Council of the City of Huntington Beach does ordain as follows : SECTION 1. Section 15. 04 . 030 of the Huntington Beach Municipal Code is hereby repealed. SECTION 2. The Huntington Beach Municipal Code is hereby amended by adding thereto a new section 15 . 04 . 030 to read as follows : 15. 04. 030 Administration. The director of Development Services is hereby authorized and directed to enforce the pro- visions of this code. "Director," as referred to shall mean the director of Development Services or his duly appointed representative . SECTION 3. If any provision of this ordinance is for any reason held to be invalid or unconstitutional by a court of com- petent jurisdiction, such decision shall not affect the other provisions or remainder of this ordinance or any prior ordinance , and if this ordinance or any provision hereof is found invalid or unconstitutional, this ordinance will not have the effect of repealing any portion of any prior ordinance amended by such invalid or unconstitutional provision. SECTION 4 . Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinances relating 1. GH:bc 11/22/78 to the collection of any tax, interest or penalty or the penal provisions applicable to any violation thereof, and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 5. The City Clerk shall certify to the passage of this ordinance and shall cause same to be published within fifteen days of its passage in the Huntington Beach News , a newspaper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 1978. Mayor ATTEST: APPROVED AS FORM: Z&a 2 ZL�' — City Clerk City Attorney S INITIATED AND APPROVED: C y Administrator 2. i From tb%- desk of: CONNIE BROCKWAY City Clerk's office 536-5226 'V { REQUEST FOR CITY COUNCIL ACTION Submitted by Gail Hutton Department City Attorney Date Prepared 1 ;) Ra=temhpr , 19_a Backup Material Attached VXJ Yes No Subject Repeal of Ordinance No . 2309 Transferring Oil Code Enforcement Responsibilities City Administrator's Comments 7� g' D Approve as recommended. t. ! a 8 . Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: STATEMENT OF ISSUE At the August 21, 1978 Council meeting, the Council adopted Ordinance No . 2309, transferring- oil code enforcement from the Director of Building and Community Development to the Fire Chief. At its meeting September 6, 1978, the Council voted to repeal the-:ordinance to provide time for further study. The attached ordinance accomplishes the repeal . RECOMMENDATION Adopt ordinance repealing Ordinance No . 2309. ANALYSIS The ordinance which repeals Ordinance No. 2309 also reenacts Huntington Beach Municipal Code Section 15. 04 .030 which authorizes and directs the Director of the Building and Community Development Department to enforce the oil code. Pending the effective date of this ordinance, the City Administrator has authority, pursuant to Charter Section 401, to assign en- forcement to the building director to act as enforcement officer. FUNDING SOURCE General" Fund ALTERNATIVE -ACTIONS Leave oil code enforcement in the, Fire Department . RCS :ahb F6!�` Pio sns ia ,i ORDINANCE NO.. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL COD BY REPEALING ORDINANCE NO. 2309 AND SECT N 15. 04. 030; AND ADDING THERETO A NEW SECT N 15. 04.030 PERTAINING TO ADMINISTRATION THE IL CODE The Cit Council of the City of Hunt gton Beach does ordain as fol ws : SECTION 1. Section 15. 04. 030 of he Huntington Beach Municipal Code is hereby repealed. SECTION 2. T Huntington Be h Municipal Code is hereby amended by adding th eto a new s ction 15.04. 030 to read as follows : Z5. 04. 030 . Administ ation The director of buiZding and community deveZopment is ere y authorized and directed to en- force the provisions of th code. "Director, " as referred to in this titZe, unZess the c text cZearZy indicates otherwise, shaZZ mean the director of u ' Zding and community deveZopment, or his duZy appointed rep r sen Live. SECTION 3. If any ovisio of this ordinance is for any reason held to be invalid or uncons itutional by a court of com- petent jurisdiction, s ch decision sh 11 not affect the other provisions or remaind r of this ordinan e or any prior ordinance, and if this ordinanc or any provision he eof is found invalid or unconstitutional this ordinance will no have the effect of repealing any p rtion of any prior ordina e amended by such invalid or uncons itutional provision. SECTION 4. Neither the adoption of this or inance nor the repeal hereby of' any ordinance shall in any manne affect the prosecution for violation of ordinances , which viol tions were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinances relating RCS :ahb 9/12/78 1 . ORDINANCE NO. 2 \City NANCE OF THE CITY OF HUNTINGTON BEACH G THE HUNTINGTON BEACH MUNICIPAL /CODE ALING ORDINANCE N0. 2309 AND SECTION 30; AND ADDING THERETO A NEW SECTION 30 PERTAINING TO ADMINISTRATIP� OF THE E f Touncil of the City of Huntington Beach does ordain as follo s : �� SECTION 1. ection 15. 04. 03010f the Huntington Beach Municipal Code is *, reby repeale/dl SECTION 2. Th�Huntingto /Beach Municipal Code is hereby amended by adding the e\ a n w section 15. 04.030 to read as follows : �. 15. 04.030 Administ a_- .ion. The director of building and community development is / Kreby authorized and directed to en- force the provisions of lthi code. "Director," as referred to in this title unless the co text clearly indicates otherwise shall mean the directdlr of bu ding and community development, or his duly appointe representative. SECTION 3. If any provision\ of this ordinance is for any reason held to be nvalid or unconstitutional by a court of com- petent jurisdict /on, such decision sh%ill not affect the other provisions or r7ainder of this ordina e ,or any prior ordinance, and if this ordinance or any provision h ,;reof is found invalid or u/hreby ional, this ordinance will n�t have the effect of rny portion of any prior ordina � .amended by such invaonstitutional provision. 1 . Neither the adoption of this ordinapce nor the repeof any ordinance shall in any manner\affect the prosr violation of ordinances , which violxtions were commr to the effective date hereof, nor be aP,,.nstrued as affecting any of the provisions of such ordinances r`c,lating RCS :ahb 1. REQUEST FOR CITY COUNCIL ACTION Submitted by GAIL HUTTON Department City Attorney d�L Date Prepared August 30 , 1978 Backup Material Attached k Yes 0 No Subject OIL FEES ORDINANCE , REVISED AUGUST 30 , 1978 City Administrator's Comments Adopt ordinance. jr� 0 � 3� Statement of Issue, Recommendation, Analysis, Funding Source, Alterna4ti RECOMMENDATION: Adopt ordinance reducing and restructuring base annual oil and gas well fees and production fees . ANALYSIS : Attached please find a revised ordinance amending the natural resources pro- duction fees in accordance with the understandings reached by a committee in- cluding Councilman Pattinson, Councilman MacAllister, and Councilwoman Bailey in meetings with the oil industry representatives . This ordinance (1) reduces the annual well fee from $200 to $100; ( 2) provides that the $100 is creditable in the case of stripper wells ; ( 3) returns the ten cents per barrel oil production fee , except that it is set at eight cents for stripper wells ; ( 4) restructures the gas production fee to one cent per 1,000 cubic feet of gas produced for commercial sale out of the Huntington Beach oil field; ( 5) builds in a cost of living increase in production fees in lieu of the alternative of 2% of the gross market price ; (6 ) provides for a delin- quency date of October 31, 1978; (7 ) amends the production fee reporting requirements to include reporting of gas production; ( 8) eliminates the tank tax, and rewrites some oil code provisions to eliminate oil recovery heater permits and provides ;that maintenance does not require a reworking permit . You will note that we have included language and findings in an effort to avoid the problem of the cost of living increase constituting a special tax increase . Proposition 13 allows cities , counties , and special districts to impose "special taxes on such district" only by a 2/3 vote of the qualified electors of the district . A "special tax" can' t be imposed after June 30, 1978 , without the 2/3 vote . Thus , we have provided that the cost of living increase is not a new tax or a tax for increasing revenues , but rather a reduction of the . production fees tax with a change in the method of computation. There is also a revised resolution amending the oil permit fees . �® Pio sna 4 GH:RCS :ps i REQUES f FOR CITY COUNCIL ACTION - Submitted by GALL HUTTON Department City _Attorney Date Prepared August 30 , 19 78 Backup Material Attached K Yes No Subject REVISED RESOLUTION AMENDING OIL FEE SCHEDULE City Administrator's Comments Adopt resolution. ` Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: Attached is the resolution amending the fee schedule for oil permits per the agreement reached between the oil producers and the committee consisting .of . Councilman Pattinson, Councilman MacAllister, and Councilwoman Bailey . Note that the term "reworking" has been redefined in the proposed oil code ordinance and retained in the fees resolution. The intent of the committee was to not require a permit for routine downhole maintenance work. Thus , it was suggested that "reworking" should be replaced with the term "redrilling" . However, after further study, it was agreed that the term "reworking" should be retained in preference to "redrilling" , since redrilling is prohibited in "0" zoning districts (Section 9684) . "Reworking" and "well servicing" are clarified in the ordinance to accomplish this goal . Reworking involves recom- pletion of .bore holes , replacing liners and casings, and going outside the bore hole . Well servicing includes work within the bore hole not involving drilling or redrilling. The Council committee, city staff, and oil industry representatives concur. GH:RCS:ps 1400e Plo V78 4 RESOLUTION NO. � A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE FEE SCHEDULE OF PERMITS REQUIRED BY HUNTINGTON BEACH OIL CODE AND SETTING CONDITIONS OF PAYMENT THEREOF WHEREAS, the City Council of the City of Huntington Beach pursuant to Section 15 .12. 090 of the Huntington Beach Municipal Code, is required to set a fee schedule of the permits required by such code, said schedule to be based upon the projected ad- mAn!e4Pa44:-re-and--1ega1costs of administering and enforcing the Huntington Beach Oil Code and all provisions relating to oil operators in the city of Huntington Beach; and WHEREAS, such fee schedule was adopted by the City Council on June 29, Z978 by Resolution No. 4633; and WHEREAS, the City Council now desires to amend said fee schedule to delete the oil field recovery heater permit .fee and provide for review of the costs of administering and enforcing the provisions of the Huntington Beach Municipal Code relating to oil fees and operators, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve to and does set -the following fees and conditions for permits : (a) FEES 1. Drilling or reworking permit $500 per well - must be paid upon application 2. Annual inspection permit $109 50 per well 3. Waste water permit ; term: $ 6930 per well January 1 through December 31 .94. Idle well activation permit $500 per well RCS: ahb 8/30/78 1. (b ) CONDITIONS 1. Payment of the above fees is a condition to the issuance of each permit . 2. The aforementioned fees shall be paid to the director of finance for allocation to the city' s general fund, and no fees shall be refundable. 3. The annual inspection permit shall be considered a permit to operate for one (1) year, and the fee for such permit shall be due and payable on the first day of July of each year and shall be delinquent on August 1 of such year. For any new wells drilled after the commencement of the fiscal year, the fee shall be prorated. 4. Waste water permit fee shall be due and payable on the first day of January of each year, and shall be delinquent on February 1 of such year. On or before December 3Z, Z978, the City Administrator is directed to provide the City Council with an analysis of the costs of administering and enforcing the Huntington Beach Oil Code, the Natural Resources Production Ordinance, and_ all_ other provisions relating to oil production, fees, and operators in the city, for the purpose of enabling the Council to determine whether such fees are reasonably related to such costs of administration and en- forcement. Adjustments of fees, if appropriate, will be made on or about January Z, Z979, for the period of time commencing July Z, Z978. Pegg 1;.#Aei4-WeT--444-1-alqd-a-1-1-e4he-+--Fe es1a#m en-}R-e914�PIAe$ PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 1978. ATTEST: Mayor City Clerk 2.. REVIEWED AND APPROVED: INITIATED AND APPROVED AS TO FORM: Cit Ad-mlnistrator City Attorney S 3. REQUEST FOR CITY COUNCIL ACTION Submitted by Gail Hutton Department City Attorney ze Date Prepared August 1. 11978 Backup Material Attached M Yes No Subject Resolution Amending Oil Fee Schedule City Administrator's Comments �U Approve as recommended M ' 1 Statement of Issue, Recommendation, Analysis, Fundino ce, Alternative Actions: Attached is the resolution amending the fe sche ule for oil permits per the agreement reached between the oil prod cers d the committee con- sisting of Councilman Siebert, Councilman homas and Councilwoma Bailey. A Plo 3/78 RESOLUTION NO. (� A RESOLUTION OF THE CITY COUNCIL OF THE CITY 0 HUNTINGTON BEACH AMENDING THE .FEE SCHEDULE OF PERMITS REQUIRED BY HUNTINGTON BEACH OIL COD AND SETTING NDITIONS OF PAYMENT THEREOF WHEREAS, the City ouncil of the City of Hu tington Beach, pursuant to Section 15. 1 090 of the Huntingto Beach Municipal Code, is required to set a fee schedule of th permits required by such code, said schedule to be based upon the projected ad.- e}s �a �e-aa�-�ega�costs o administerin and enforcing the Huntington Beach Oil Code and a 1 provisi s relating to oil operators in the city of Huntingt Beac ; and WHEREAS, such fee schedule was do ted by the City Council on June 29, Z978 by Resolution No. 4 3; and WHEREAS, the City Council now d si s to amend said fee schedule to delete the oil field re overy eater permit fee and provide for review of the costs o administe ing and enforcing the provisions of the Huntington Beach Municip Z Code relating to oil fees and operators, NOW, THEREFORE, the City Council of the City f Huntington Beach does hereby resolve t and does set the following fees and conditions for permits (a) FEES 1. Drilling r reworking permit $500 per ell - must b paid upon application 2. Annual nspection. permit $100 per well 3. Waste ater permit ; term: $ 60 per well Janua y 1 through December 31 14T--94!1- ----499A-pel-we-11 �i4 . I e well activation permit $500 per. well RCS : ahb \ 8/1/78 1. (b) CONDITIONS 1. Payment of the above fees is a con ition to the issuance of each permit . 2 . The aforementioned fees shall be- paid to the director of finance for allocation to the cit ' s general fund, and no fees shall be refundable . 3. The an al inspection permit all be considered a permit to operate fo one (1) year, and th fee for such permit shall be due and pay ble on the first day f July of each year and shall be delinque t on August 1 of su year. For any new wells drilled after t e commencement of e fiscal year, the fee shall be prorated. 4. Waste wa er permit fee s 11 be due and payable on the first day of Janua y of each year, and. shall be delinquent on February 1 of such ar. On or before Decem er 3Z, Z978, .the City Administrator is directed to provide the ity Counci with an analysis of the costs of administering and enfo cing the Huntington Beach OiZ Code, the Natural Resources Producti Ordi ante, and aZZ other provisions reZating to oiZ production, ees and operators in the city, for the purpose of enabZing the C u ciZ to determine whether such fees are reasonabZy reZated to such osts of administration and en- forcement. PASSED AND ADOPTED b the City ouncil of the City of Huntington Beach at a re ular meeting thereof held on the 7th day of August, 1978. ATTEST: ALICIA M. WENTWORTH, City Clerk Mayor Deputy REVIEWED AND A ROVED: INITIATED AN APPROVED AS TO FORM: Cit Admi istrator City Atto ey 2. r . RESOLUTION NO. �(ps A RES LUTION OF THE CITY COUNCIL OF T CITY OF HUNTI TON BEACH AMENDING THE FEE SC EDULE OF PERMIT REQUIRED BY HUNTINGTON BEA OIL CODE AND SET ING CONDITIONS OF PAYMENT HEREOF WHEREAS, the ity Council of t City -of Huntington Beach, pursuant to Section 15 . 12 .090 of e Huntington Beach Municipal Code , is required to et a fee s hedule of the permits required by such code , said sch dule to be based upon the projected G.osts of administering and en orci g the Huntington Beach Oil Code and all provisions relating o oil operators in the city of Huntington Beach; and WHEREAS, such fee the ule was adopted by the City Council on June 29 , 1978 by R soluti No. 4633.; and WHEREAS, the C ' y Council ow desires to amend said fee schedule to delete the oil fiel recovery heater permit fee and provide for revi of the costs o administering and enforcing the provisions f the Huntington B ch Municipal Code relating to oil fees a d operators , NOW, T REFORE, the City Council of the City of Huntington Beach does hereby resolve to and does et the following fees and cond' ions for permits : (a FEES 1. Drilling or reworking permit $500 per well - must be paid upon applicati n 2 . Annual inspection permit $100 per well 3. Waste water permit ; term: $ 60 per well January 1 through December 31 4. Idle well activation permit $500 per--well (b) CONDITIONS 1. Payment of the above fees is a condition to the RCS :ahb 8/1/78 1. t ' J' issuance of each permit . 2 . The aforementioned fees shall be paid to e director of finance for allocation to the city's gene r 1 fund, and no fees shall be refundable . 3. The annual inspection permit shall considered a permit to operate for one (1) year, and the fee or such permit shall be due and payable on the first day of J y of each year and shall be de inquent on August 1 of such y r. For any new wells drilled a er the commencement of the fiscal year, the fee shall be prorated 4 , Waste water permit fee sha be due and payable on the first day of Jan ary of each year, d shall be delinquent on February 1 of such year. On or before Dece ber 31, 1978, he City Administrator is directed to provide the ity Counci with an analysis of the costs of administering and enfo cing th Huntington Beach Oil Code, the Natural Resources Producti n Ord'nance, and all other provisions relating to oil production, fee , and operators in the city, for the purpose of enabling the cil to determine whether such fees are reasonably related to su costs of administration and en- forcement . PASSED AND ADOPTED by the Cl y Council of the City of Huntington Beach at a re lar meet g thereof held on the 7th day of August , 1978. ATTEST: ALICIA M. WENTWORTH, City Clerk Mayor Deputy' REVIEWED AND AP ROVED: INITIAT AND APPROVED AS TO FORM: Cii2ry Adm nistrator City Attorney 2 . REQUEST FOR CITY COUNCIL ACTION r Submitted by GAIL HUTTON Department City Attorney )k Date Prepared Aijgii,9t 10 , 1978 Backup Material Attached ® Yes No Subject OIL FEES ORDINANCE City Adminis is Comments Approve as recommended o� Abo� Statement of Issue, Recommendation, Analysis, Funding Source,Alternative Actions: RECOMMENDATION: Adopt ordinance reducing and restructuring b_as.e annual oil and gas. Well fees and production fees . ANALYSIS: Attached please find an ordinance amending .the natural resources production ..Ies fees in accordance with_ th.e . understandi.ngs reached by a committee including Councilman Siebert, Councilman Thomas , and Councilwoman Bailey in meetings with the oil industry representatives . This ordinance (_1) reduces the annual well fee from $20.0. .to $10G;. (2) retains the 10� per barrel oil production fee ; (3) restructures the gas production fee to 1� per 1,000. cubic feet of gas produced for off-premises commercial sale; (4) builds in a cost of living increase in production fees in lieu of the alternative of. 2% of the gross market price; (5) provides for a delin- quency date of September 30 , 1978; (6) amends the production fee reporting requirements to include reporting of gas production, and (7) eliminates the tank tax. .You will note that we have included language and findings in an effort to avoid the problem of the cost of. living increase constituting a special tax increase.. Proposition 13 allows cities, counties , and special. districts to impose "special taxes on such district" only by a 2/3 vote of the qualified electors of the district . No one has . any clear idea of what_a "special tax" is , but, whatever it is , one can' t be imposed after June 30 , 1978, without the 2/3 vote. Thus , we have provided that the cost of living increase is not . a new tax or a tax for increasing revenues , but rather a reduction of the production fees tax with a change in the method of computation. - We have also drafted an urgency ordinance to accomplish the same amendments , effective immediately. If a court subsequently determines that there was Plo 3178 1 . r t -r REQUEST FOR COUNCIL ACTION August 1, 1978 Re : Oil Fees Ordinance Page Two not a sufficient emergency basis for the reduction and restructuring of oil fees , by that time- the regular ordinance will be effective. There will also be a revised resolution amending the oil permit fees that will be submitted to the Council before the August 7, 1978 meeting. GH:RCS:ps r ORDINANCE NO. a3 C)' AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTIONS 5. 32. 030, 5. 32. 0140 AND 5. 32. 110 OF THE HUNTINGTON BEACH MUNICIPAL CODE REDUCING AND RESTRUCTURING CERTAIN NATURAL RESOURCES PRODUCTION FEES WHEREAS, Ordinance No. 2298, adopted June 28, 1978, pro- vided for various natural resources production fees ; and WHEREAS, the City Council now desires to reduce and re- structure certain fees and, in particular, desires to provide for an annual increase or decrease in production fees , based on the consumer price index, in lieu of the alternative tax in said Ordinance No. 2298 [which provides for fees of two percent (2%) of the gross market price for oil or gas pro- duced if said two percent (2%) exceeded ten cents ($. 10) per barrel] ; and WHEREAS, the City Council finds that the annual increase or decrease based on the consumer price index in lieu of the alternative of two percent (2%) of the gross market price does not constitute imposition of a special tax and does not con- stitute a new tax or a tax enacted for the purpose of increas- ing revenues ; and WHEREAS, the City Council desires to eliminate a tank tax, reduce well fees , and reduce gas production fees provided in Ordinance No. 22"9;8, NOW, THEREFORE, the City Council of the City of Huntington Beach does-ordain - as follows : SECTION 1. The Huntington Beach Municipal Code is hereby amended by amending Section 5. 32. 030 to read as follows : 5. 32. 030 License--Fees. Every person required by this chapter to have a license shall pay to the City of Huntington Beach the fees hereinafter provided, in the manner hereinafter provided: (a) Prior to the issuance or renewal of such license , a base annual fee of one hundred dollars ($100 ) per well, which - shall apply to each well producing oil or gas, or both. RCS :ps 8/1/78 L 1. r (b ) For the period commencing with the effective date of this amendment and ending June 30, 1979, and for each succeeding fiscal year, and in addition to the base annual fee, an amount equaling ten cents ($. 10) per barrel of oil produced by each well per quarter and an amount equaling one cent ($. 01) per thousand cubic feet (MCF) of dry or wet gas produced for off- premises commercial sale by each well per quarter. Further, in lieu of the alternative tax of two percent (2%) of the gross market price provided in Ordinance No. 2298, the taxes imposed by this subsection shall be increased or decreased annually as of July 1 of each year, commencing July 1, 1979, in an amount equal to the increase or decrease from the base index in the then latest available consumer price index, as prepared and released by the United States Department of Labor Bureau of Statistics for the Los Angeles-Long Beach area. The last index published for the month of June, 1978, shall be deemed to be the base index for the purposes of this sub- section. SECTION 2. The Huntington Beach Municipal Code is hereby amended by amending Section 5. 32. 040 to read as follows : 5. 32. 040 Base annual fee--Due when. The base annual fee shall be due and payable on or before July 1 of each fiscal year. Such base annual fee shall be delinquent on the day following such due date; provided, however, that for the period beginning July 1, 1978, every person required by this chapter to pay such base annual fee shall be granted a grace period in which to meet the requirements imposed by this chapter, and no penalty shall be exacted therefor for the period up to and in- cluding September 30, 1978. SECTION 3. The Huntington Beach Municipal Code is hereby amended by amending Section 5. 32. 110 to read as follows : 5. 32. 110 Production statement required. Every person required to have a license under this chapter shall on or be- fore the thirtieth day of January, April, July and October file with the city clerk a statement setting forth such in- formation as the city clerk shall require, including: (a) The name or other identification of all oil and gas wells located in the city operated by him during any quarter; (b ) The number of barrels of oil produced from each of said wells during such quarter; and (c) The amount of wet or dry gas measured in thousands --. of cubic- f-e.et _(MCF) produced for off-premises commercial sale from each of said wells during such quarter; and 2. r (d) The computation of the amount of fee with respect to such production due the city. The statement shall be signed by the person required to have the license , or by a managing offi- cer or agent thereof, and shall include a declaration substan- tially worded as follows : "I declare under penalty of perjury that I am authorized to make this statement, and that to the best of my knowledge and belief it is a true, correct and complete statement made in good faith for the period stated, in compliance with the pro- visions of the Huntington Beach Municipal Code. Executed at California, on . " Such state- ment shall not be conclusive against the city, nor shall it be conclusive as to the information set forth therein, nor shall the filing of such statement preclude the city from collecting by appropriate action any additional fee that is later deter- mined to be due and payable. SECTION 4. The fees provided in Section 1 of this ordi- nance in the amount of ten cents ($. 10) per barrel of oil and one cent ($. 01) per MCF of gas shall be due for the period com- mencing July 1, 1978, in lieu of the alternative of ten cents ($. 10) per barrel or two percent (2% ) of the gross market price, whichever is greater, provided in Ordinance No. 2298. Neither the tank fee nor the excess over $100 per well in well fees provided in said ordinance No. 2298 [amending Section 5. 32. 020 (a) of the Huntington Beach Municipal Code] shall be due , nor shall any penalties be exacted for failure to pay same. SECTION 5. If any provision of this ordinance is for any reason held to be invalid or unconstitutional by a court of com- petent jurisdiction, such decision shall not affect the other provisions or remainder of this ordinance or any prior ordinance, and if this ordinance or any provision hereof is found invalid or unconstitutional, this ordinance will not have the effect of repealing any portion of any prior ordinance amended by such invalid or unconstitutional provision. SECTION 6. The City Clerk shall certify to the passage of this ordinance and shall cause same to be published within fifteen days of its passage in the Huntington Beach News , a newspaper of general circulation, printed and published in Huntington Beach, California. 3. r y PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 1978. Mayor ATTEST: City Clerk REVIEWED AND APPROVED: APPROVED AS TO FORM: Ci Administrator City Att rney 4. CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH - To Floyd G. Belsito From Edward D. Selich City Administrator Planning Director Subject ENFORCEMENT IN THE OIL FIELDS Date July 13, 1978 With the transfer of the Oil Field Department to the Fire Department, it appears that the Planning Department is now expected to perform tasks in enforcing said provisions in the oil field. It is my understanding that the Fire Department will be responsible for enforcing all provisions of the oil code while the Planning Department will be responsible only for those provisions which are land use related and set forth in the City zoning ordinance. However, there are certain provisions in the oil code which are land use related. It seems to be unclear as to what department will be enforcing those provisions. Also the oil code as it stands now sets forth that the Building Director is responsible for implementation and enforcement of the code. It is my recommendation that in the interim you have the Building Director designate responsible individuals in the Fire Department and Planning Department to administer provisions of the oil code that most relate to their respective area. Also, I would like to see from your office some direction. as to what priority this department should place in the enforcement of zoning and oil code provisions in the City oil fields.. As you know, our present man- power is such that we are essentially on a response to complaint situation only and have not been able to .establish any code enforcement program. If your office so directs us to establish code enforcement program in the oil field area, this will essentially mean that with our present manpower we will not be able to respond to citizen complaints at the same service level we '.are presently providing. We estimate one-half man year to bring the oil field situation. under control and, after that point, one-quarter man per year.: to adequately enforce .the regulations relating to land use and zoning. EDS: ja 7v CITY OF HUNTINGTON BEACH CA 78-42 �• COUNCIL-ADMINISTRATOR COMMUNICATION HUNTINGTON BEACH To Honorable Mayor and From Floyd G . Belsito �( City Council Members - - City Administrator Subje& IMPLEMENTATION OF THE' Date July 13 , ' 1978 I I TRANSFER OF THE OIL FIELD DEPARTMENT At the June 29th City Council meeting , Council directed that the Oil Field be transferred from the Building Department to the Fire Department . Since that time , staff has - been working on the best way to accomplish this transfer. Based on research of the . Huntington Beach Oil Code it appears that substantial changes should be made in City procedures to logically accomplish this transfer of responsibilities . The basic concept is to divide the oil code provisions between the Planning and Fire Departments . Those provisions relating to land use and zoning should be removed from the Oil Code and placed in the City zoning ordinance with the . Current Planning and Land Use divisions of the Planning Department responsible for implementing those portions of the code .. The remaining portions of the Oil Code should remain either as they are or incorporated into the City Fire Code with the Fire Department responsible for implementation of those procedures . With regard to those provisions which shou.l-.d be addressed in the zoning ordinance , it is recommended that a provision be- added to require drilling , reworking , and oil field recovery heater permits to be reviewed by ,the Planning Commission with final action taken by the City Council . The Planning Department would be responsible for accepting and processing these applications . All other permits and fees of the Oil Code would be the responsibility of the Fire Department. By requiring these permits to go through the Planning Commission and City Council , the City would have additional dis- cretionary control over issuance of these permits and would be in a better position to clean up the oil field areas in the City. The code should al-so provide that provisions of the Oil Code which are essentially zoning provisions such as well setback regulations , sign regulations , fence regulations , etc. , should be removed from: the Oil Code and added to the City zoning ordinance . RECOMMENDATION : It is recommended that the City Council approve these recommendations in concept and direct the City Administrator and City Attorney ' s Office to work with the affected departments and draft all the CA 78-42 -2- July 13 , 1978 ordinance changes necessary to accomplish .these changes and bring them back to the City Council as soon as is feasibly possible for City Council adoption . It is further recommended that City Council direct the City Attorney ' s office to, prepare the appro ri-at-e--f-i-n-d-i s and o i Hance to require uncil to review all drilling , rewor ac ivation and oil fie covery permits while the proceduraT- changes are being developed . Res ul y su mi tted., � r Floyd Belsito City ADministrator FGB: bb ORDINANCE NO. 2298 AN URGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 5. 32. 020, 5. 32. 030 AND 5. 32. 040, AND AMENDING THE TITLE OF CHAPTER 5. 32, ALL PERTAINING TO NATURAL RESOURCES PRO- DUCTION FEES The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Municipal Code is hereby amended by amending the title of Chapter 5. 32 to read as follows : NATURAL RESOURCES PRODUCTION SECTION 2. The Huntington Beach Municipal Code is hereby amended by amending Sections 5. 32. 020 , 5. 32. 030 and 5. 32. 040 to read as follows : 5. 32.020. License--Terms . The term of such license shall be one 1 year commencing on July 1 of each year, beginning with July 1, 1978. At the end of the term of any license issued or renewed hereunder, such license shall be of no further force or effec- tive unless renewed as hereinafter provided. 5. 32: 030 License--Fees. Every person required .by this chapter to have a license shall pay to the city of Huntington Beach the fees hereinafter provided, in the manner herein- after provided: (a) Prior to the issuance or .renewal of such license , a base annual fee of Two Hundred Dollars ($200) per well: .. Such base annual fee shall. apply to each well producing oil or gas , or both. An annual fee of Five Hundred Dollars ($500) shall apply to each oil storage tank, heater treater tank, wash tank, gun barrel, gas trap, temporary or permanent water tank, water flood storage tank, waste pit storage tank, aboveground fuel storage tank, and commercial and industrial storage tank. (b) For the period commencing with the effective date of this amendment and ending June 30, 1979, and for each succeeding GH:ahb 7/3/78 1. fiscal year, and in addition to the base annual fee , an amount equalling ten cents ($.10) per. barrel of oil, dry or wet gas, Produced by each well per quarter, or, in the alternative, a sum equal to 2 percent of the gross market price received by the Producer for such oil, dry or wet gas , whichever amount is greater. 5 . 32. 040 Base annual fee--Due when: The base annual fee required by this amendment to this chapter, shall be due and payable on or before July 1 of each .fiscal year. Such. base annual fee shall be delinquent on the' day following such due date; provided; however; that for the period beginning July 1, 1978, . every person required by this chapter to .pay such base annual fee shall be granted a thirty (30) day grace period in which to meet the requirements imposed by this chapter, and no penalty shall be exaQted therefor for the period up to and including August 1, 1978. SECTION 3. The Council finds that it is necessary for this ordinance to be adopted as an emergency measure, and such ordinance shall take effect June 30, 1978. The reasons for its urgency are as follows ! (a) It is necessary that the police, fire and other public safety services of the city be maintained at not less than cur- rent levels of service. (b) The total of the funds Which will be available to the city in the years following fiscal year 1977-1978 for all of the necessary services to be provided the citizens of the city will be inadequate to provide for the cost of such services without the imposition of additional taxes . (c) The addition to the California State Constitution of Article XIII •A severely limits the city' s prerogative to provide . needed and necessary revenues by the way of additional tax rev-. enues after July 1, 1978, and therefore, it is of urgent ne- cessity that the .tax increase imposed by this ordinance be adopted .prior to July 1, 1978. SECTION 4. The City Clerk shall certify to the passage of this ordinance and shall cause same to be published within fif- teen days of its passage in the Huntington Beach News , a news- paper of general circulation, printed and published in Huntington 2. .. .. .. .. -. _. - .._ .,.. .. - _... ... ._._. ..... ..w .:`.._..w_.....nt.c-.a.rt,,,.-t.::a, .`wti:•...<rr.d:.p_•. Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at an adjourned regular meeting thereof held on the 29th day of June, 1978. Mayor ATTEST: APPROVED AS TO FORM: Alicia M. Wentworth City Clerk Deputy City Clerk City Attorney REVIEWED AND APPROVED: or Ix City dministrator 3. Emergency Ord. No. 2298 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 29th day of June 19 78... , and was passed and adopted by at least four-fifths (4/5) affirmative votes of said City Council. AYES: Councilmen: Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: Councilmen: None ABSENT: Councilmen: Pattinson .Alicia. M. Wentworth City. Clerk and ex-officio Clerk of the City Council of the City of Huntirigton Beach, California BY Deputy -7 RESOLUTION NO. 4633 A RESOLUTIO14 OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DETERMINING FEE SCHEDULE OF PERMITS REQUIRED BY HUNTINGTON BEACH -OIL CODE AND SETTING CONDITIONS OF PAYMENT THEREOF . WHEREAS, the City Council of the City of Huntington Beach pursuant to Section 15.12.090 of the Huntington Beach Municipal Code, is required to set a fee. schedule of the permits required by such code, said schedule to be based upon the projected ad- ministrative and legal costs of administering and enforcing the Huntington Beach Oil Code and all provisions relating to oil operators in the city of Huntington Beach, NOW,. THEREFORE, the City Council of the City of Huntington Beach does hereby resolve to and does set. the following fees and conditions for permits : (a) FEES 1. Drilling.or reworking permit $500 per well - •must be paid upon application 2. Annual inspection permit $100 per well 3. Waste water permit ; term: $ 60 per well January 1 through December 31 4. Oil field recovery heater permit - $200 pel yell must be paid upon application 5. Idle well activation permit $.500 per well (b) CONDITIONS 1. Payment of the above fees is a condition to the issuance of each permit . 2. The aforementioned fees shall be paid to the director of finance for allocation to the city's -general fund, and no fees shall be refundable.. 3. The annual inspection permit shall be considered a permit to operate for one year; and the fee for such permit shall be due and payable on the first day of July of each year 1. E 1 and shall be delinquent on August 1 of such year. For any new wells drilled after the commencement of the fiscal year, the fee shall be prorated. 4 . Waste water permit fee shall .be due and payable on the first day of January of each year, and shall be delin- quent on February 1 of such year. Resolution No. 4471 and all other resolutions in con- flict herewith are hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at an adjourned regular meeting thereof held on the 29th day of June , 1978. Mayor ATTEST: APPROVED. AS TO FORM: Alicia M. Wentworth City Clerk City Clerk City Attorney REVIEWED AND APPROVED: ity Administrator 2 . S. No. 4633 S'('A'l'(s OF CALIFORNIA ) COUNTY OF ORANGE ) as: CITY OF HUNUNGTON BEACH ) I, ALICIA M. WEN WORTH, 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 adjourned meeting thereof held on the 29th day of June , 19 79 by the following vote: AYES: Councilmen: Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: Councilmen: None ABSENT: Councilmen: Pattinson Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of. the City of Huntington Beach, California BY: fi�ZGG Deputy h�ory�o.v�- Fiiv J� City of Huntington Beach J� DEPARTMENT OF BUILDING & COMMUNITY DEVELOPMENT P.O. BOX 190 CALIFORNIA 92648 4,on i TO: Honorable Mayor and City Council APPROVED BY CITY COUNCIL ATTN: Floyd lsito, City Administrator FROM: John rens, Director Buil & Community Development ,0 SUBJECT: Oil de Permit Fees DATE: Jun 2, 1977 dfTY CLERK Attached is a resolution which would establish the subject fee schedule as provided by Section 15.12. 090 of the Huntington Beach Municipal Code. The fee schedule presented represents no change from the schedule previously in effect. The resolution as presented at this time will cause the adopted fee schedule to remain in effect until repealed or further amended by specific resolution of the Council. Previous resolutions had been presented on the basis that would require renewal at the beginning of each fiscal year. 3 JFB/vl attachment CITY OF HUNTINGTON BEA(VICA 77-71 �• COUNCIL-ADMINISTRATOR COMMUNICATION HUNTINGTON BEACH To Honorable Mayor and From Floyd G. Belsito City Council Members City Administrator Subject GAS COMPRESSOR FOR Date May 27 , 1977 CITY-OWNED OIL WELLS Attached is a memorandum from Oil Field Inspector Bob Davis concerning the need to install a gas compressor to provide pressure to the vacuum gas receiver lines on City-owned oil wells on the Civic Center site. Chevron, who buys the gas from the City oil production, in installing their dry gas processing plant stopped operating on a vacuum basis for extraction in September., 1976 . This change, as Davis notes , has resulted in a loss to the City of over $8 ,500. In order to resume full production of the City wells , it will be necessary to install the compressor at a cost of $13, 500 . An FIR covering this necessary expenditure is attached. RECOMMENDATION: Authorize the expenditure of $13, 500 from the Contingency account for purchase and installation of a vacuum gas compressor. Respectfully submitted, Y CITY GOU~GIi gpVLD B 7 loyd/dLnistrator Belsito p,YP City � v�r f------ - F GB :D L C:bb �f. .M cI Attachments . 0 E. W ED CITY OF HUNTINGTON BEACH MAY 2 "; 1977 INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH CITY OF HUNTINGTON BEACH ADMINISTRATIVE OFFICE To Floyd G. Belsito From F. B. Arguello City Administrator Director of Finance Subject Financial Impact Report - Date May 27, 1977 Vacuum Gas Compressor In response to the Building Department's request to prepare a Financial Impact Report on the above subject, I am submitting the attached. At the present time there are funds available in the City's contingency account (101593) which may be used for this project if the City Council so desires. The current balance in the contingency account would be $241 , 193.84 (if this request of $13,500 is approved) . F. B. Arguello Director of Finance FBA/EH/cg CITY OF HUNTINGTON BEACH FtNANC'IAL LMPACTEPORT Project Name Vacuum Gas Compressor Description Purchase and installation of equipment necessary to restore City owned oil wells to full production. 1 . DIRECT PROJECT COSTS 1 . 1 One-Time Costs Land. urn. , aci i_ Acqui_sition., Construction.- ties Eq ui: _ment. 4_....Other E$1 l Cost.,6. $.13, 500 50Q. 1 .2 . Recurring Annual Costs Additional Materials E Outside P4 roll Personnel Su d ies. .. _Services Revenues Total Cost 9 000 9 0 1 .3 Replacement/Renewal Costs None forseen - life of the compressor estimated to be .. 20 . years or more . 2. INDIRECT COSTS Monthly maintenance of the compressor is estimated at $50 . Financial Impact Repore Page 2 , 3. NON-DOLLAR COSTS None 4. BENEFITS TO BE DERIVED FROM THE PROJECT Installation of the compressor sho u1 d result in an nnn„a 1 TP,TPn17P increase to the City of $8 , 000 - $12 ,000 . 5. PROJECT USAGE 6. EXPENDITURE TIMING Funds will be expended before June 30 , 1977 . 7. COST OF NOT IMPLEMENTING THE PROJECT Loss of oil and gas revenues of $8 , 000 - $12 ,000 per year. CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH Robert C. Davis, To Richard A. Harlow, From Chie O Field Inspecto ;�) Assistant City Administrator Through John B hrens, Director Buil & Community Development Subject The installation of a vacuum Date May 8 , 1977 gas compressor on City owned oil wells. In the latter part of September, 1976, Chevron, U.S.A. , Inc. completed the construction of their new LTX dry gas processing plant. Due to the operation of this new plant their vacuum gas receiver lines to many independent operated oil wells were changed over from a vacuum line to a 1 to 2 lb. pressure line. This change has affected the net overall gas and oil production of the city oil wells . Below is a comparison of the gas and oil production revenues relating to first quarter production 1976 and 1977 . OIL & GAS -- DOLLAR VALUE TO CITY OF HUNTINGTON BEACH/ 1976 1977 OIL GAS OIL GAS JANUARY 5882.90 530 . 28 5505.16 269 . 60 FEBRUARY 5322. 20 537. 93 4992 . 24 383 . 55 MARCH 6034 . 20 554 . 25 5633. 40 91. 74 APRIL 5885. 55 518 .42 . 5344. 86 193.93 $23124 . 85 $2140 . 88 $21475. 66 $938 . 82 TOTAL OIL & GAS $25,265. 93 TOTAL OIL & GAS $22 ,414. 48 Net loss to City of Huntington Beach is $8 , 554. 35 per year. To remedy this dollar loss of gas and oil production, it will be necessary for the city of Huntington Beach to install a vacuum gas compressor. E. D MAY 18 1977 CITY OF HUNTINGTON BEACH ADMINISTRATIVE OFFICE Richard A. Harlow Page 2 May 18, 1977 With the installation of a vacuum compressor our oil and gas production would return back to normal as indicated in the 1976 quarterly report. Below are three price range bids from companies who build and install such equipment. 1. $7,500 (Used equipment, installation included) 2. $10,015 (plus installation and piping) 3. $13, 500 (100% turnkey job - installed) We recommend proposal #3 above. The compressor will be built, delivered and installed on a concrete pad including all safety devices without any other outside contractural cost for labor or material (plus $564.00 for city electrical hookup) and will carry a 90 day warranty. RCD/JFB/vl Affidavit ®f Publication State of California County of Orange ss City of Huntington Beach ))) George Farquhar, being duly sworn on oath, says: That he is a citizen of the United States, over the age of twenty-one years. Q That he is the printer and publisher of the Huntington Beach News, a weekly newspaper of general circulation printed and pub- lished in Huntington Beach, California and circulated in the said County of Orange and elsewhere and published for the dissemination of local and other news of a general character, and has.a bona fide subscription list of paying subscribers, and said paper has been established, printed and published in the State of California, and County of Orange, for at least one year next before the publication of the first insertion of this notice; and the said newspaper is not devoted to the interest of, or published for the entertainment of any particular class, profession, trade, calling, race or denomination, or any number thereof. Published'Huntington Beach News, April The Huntington Beach New was adjudicated a legal newspaper a;,1977, of general circulation by Judge G. K. Scovel in the Superior Court ", 'NOTICE OF PUBLIC HEARING ' of Orange County, California August 27th,,1937 by order No. A-5931. NOTICE IS. HEREBY GIVEN that the. s` City'Council, of-the City of Huntington Thai `the 140TICE OF PUBLIC HERRINGOrdinance Beach, California, `proposes I adopt Ordi_ Onance No. 218fi, entitled; "AA N.ORDI- .. ' NANCE'OF THE CITY OF'HUNTINGTON BEACH 'AMENDING THE' HUNTING.T .BEACH MUNICIPAL,_CODE.,BY' REPEAL-,j of which the annexed is a printed copy, was published';in said rieWS- ING-TITLE,;15'THEREOF,,AND ADDING 'A NEW TITLE 15 ENTITLED, '1HUNTINGTON " BEACH-O,IL.CODE." - ' NOTICE IS FURTHER GIVEN-that, a paper`:at,least ores issue _> r public .hearing, wifJ be- held on.,said rE # proposed Ordinance No. 2186 on the,isiR day "of .April, 1977 ,in the Council commencing from the - 7th day of _Drid " Chambers, Civic Center of-the City. of i Huntington,- Beach;`at'the hour of 7.30 or as soon thereafter as possible.'" n 19 77 and ending on the 7 1 h_ day,of- A r1I A copy of said'prbpased.Ordinance No. 2186'is on file in the office of the`City1' Clerk of the City of."Huntington Beac'P 19- both days inclusive, and as often-during sa id period and to'which reference"is made foc tuX11 rtner, a) particulars. times'of publication as said paper was regularly issued, and in the DATED.tnas sfn day of April, 197T. regular and entire issue of said pews paper;proper, and not in aCit aLlciA M wENTwoRrH= ^ supplement, and said notice was published therein•on the following ALL cierk ` l dates, to-wit: City.of Huntington,,Beach Apr_ 7, 1977 a!•Publisher Subscribed and sworn to before me this 8 th day of April , 19_12 Notary Public t Orange County, California -------------------------------- THOMAS D. WYLLIE Notary Public-California , c 1 a+ Orange County . a. My Commission Expires i v�* September 12, 1978 __-------•----------------------� City of Huntington Beach County of Orange . State of California - 4f fidavitof Publication of GEORGE FARQUHAR Publisher Huntington Beach News Filed Clerk By Deputy Clerk tiQ J � NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City- Council of the City of Huntington Beach, California, proposes to adopt Ordinance No. 2186, entitled, "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING TITLE 15 THEREOF AND ADDING A NEW TITLE 15 ENTITLED,- "HUNTINGTON BEACH OIL CODE." NOTICE IS FURTHER GIVEN that:d public hearing will be held on said proposed Ordinance No. 2186 on the 18th day .of April, 1977, in the Council Chambers, Civic Center of the City of Huntington Beach, at the hour of 7:30 P.M., or as soon thereafter as possible.. A copy of said proposed Ordinance No. 2186 is on file in the office of the City Clerk of the City of Huntington Beach; to which reference is made for further particulars. DATED this 5th day of April, 1977. ALICIA M. WENTWORTH City Clerk City of Huntington Beach CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH o�- To Floyd G. Belsito, From Joh F hrens, Director City Administrator Build Community Development Subject Oil Code Date Marc 3 , 1977 We had previously indicated to the City Council that the recommendations on the revision to the Oil Code would be on the Council agenda for the meeting of April 4 , 1977. The Oil Committee met on Tuesday, March 22, and did finalize its recommendations. The Code is in the process of being prepared in final form for submittal to Council. The City Attorney is of the opinion that, while not required by law, the Oil Code should be considered at a formal, noticed public hearing. Therefore, we would recommend that at the regular meeting of April 4 the Council set this matter for public hearing for the regular meeting of April 18 , 1977 . b JFB/vl D MAR 2 4 1977 CITY OF HUNTINGTON BEACH ADMINISTRATIVE OFFICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Huntington Beach, California, proposes to• .adopt Ordinance No. entitled, 'AN—O NQZMI°-BFsAGN—AMENDING THE HUNT IN n�AC ORD-I-# P �� _�� �t�►,�..• c i� '� THE 22 AND-25 TP �' 17 St, A� CE5 TY." NOTICE IS FURTHER GIVEN that a publiR hearing will be held on said proposed Ordinance No. ton the ilmod• day .of 197f, in the Council Chambers , Civic Center of the City of Huntington Beach, at the .50 hour of 7 :Q P.M. , or as soon thereafter as possible. A copy of said proposed Ordinance No. XM, is on, file in the, office of the City Clerk of the City of Huntington Beach, to which reference is made for further particulars . DATED this �.h day of 34we, 19?2. City Clerk City of Huntington Beach i �A I �� ; 1.{ __•i �. .:.'.Ili 7 Y f - .- �. .. 41 14 T fatsjTf y .110N � From Robert .C. Davis _ ORDINANCE NO. AN ORDINANCE OF THE C=hTY GOiUN_C• ¢ OF=-=THEE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING try t TITLE 15 THEREOF AND ADDING A NEW TITLE 15 _ ENTITLED "HUNTINGTON BEACH OIL CODE" t ' I. The City Council of the City of Huntington Beach does r ordain as follows : SECTION 1. The Huntington Beach Municipal Code is hereby ' Iamended_by^repealing Title 15 thereof. r_ 4/7/77 Publish Poe tc ards �___,_____ NOTICE OF PUBLIC HEARING ORDINANCE NO. 2186 NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council -of the City of Huntington Beach, in .the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7:30 P.M. , or as soon thereafter as possible, on .Monday, the 18th day of April 19_, 'for the purpose of considering adoption of Ordinance No. 2186 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING TITLE 15 THEREOF AND ADDING A NEW TITLE 15 ENTITLED, "HUNTINGTON BEACH OIL CODE." All interested persons are invited to attend said hearing and express their opinions for or against said ordinance . Further information. may be obtained from the Office of the. City Clerk. DATED- April 5, 1977 CITY OF.. HUNTINGTON BEACH BY: Alicia M. Wentworth City Clerk - Its � pia C J, CITY OF HUNTINGTON BEACH APR 11 1977 INTER-DEPARTMENT COMMUNICATION CITY OF HUidTINGTOPI BEAC[ HUNTINGTON BEACH ADMINISTRATIVE OFFICE To Floyd G. Belsito From John F. rens, Director City Administrator Buildi - & Community Development Subject Oil Code Revisions Date April 1 1977 As you are aware the subject has been under review for quite some time. This draft represents the first review and revision of the Oil Code since it was originally adopted in 1966. It became abundantly clear to the Oil Committee during the review that conditions connected with the oil industry have significantly changed since the first adoption. The Committee is aware of a very substantial improvement in oil operations generally throughout the community during this period. In recognition of these changed circumstances the Oil Committee makes several significant recommendations for changes in the regulations governing oil operations . The emphasis in the committee report is on maintaining oil operations and oil operation sites safe and free of objectionable materials, equipment, debris and conditions. During the course of the review the work of the committee was held up by a variety of delays , in large part due to personnel changes and because the committee pursued a number of- concepts and proposals which proved to be better left out of the Oil Code. More than 20 meetings were held by the committee and staff involving the following persons : COMMITTEE MEMBERS : WESTERN OIL & GAS ASSOCIATION C. E. "Bill" Woods, Chairman Orville Hanson INDEPENDENT OIL OPERATORS Charles Cather COUNCIL MEMBER Ted Bartlett PLANNING COMMISSION Roger Slates Ruth Finley d� Floyd G. Belsito Page 2 April 11, 1977 (COMMITTEE MEMBERS, . continued) CITY OF HUNTINGTON BEACH Richard Harlow Jim Palin Ray Picard Jim Gerspach. Mike Miller Jim Georges Mark Travis Herb Day Bob Davis John F. .Behrens OTHERS: AMINOIL USA, INC. R. L. Goggins R. C. McClymonds E. H. Kelly CHEVRON USA, INC. A. D. Henderson R. M. Rasmussen Ed Scott C. W. Morris HUNTINGTON BEACH CO. Bill Foster Jess Davis Relatively early in.,the process it was recognized that oil operations were basically another type of land use. The- composition of the committee, therefore, was expanded to include the Chairman, plus one additional member, from the. Planning Commission. The contributions of these representatives were very valuable. The committee is particularly indebted to Mr-: -Bill Woods for' his leadership as Chairman until his recent tranfer from the Huntington Beach area. I i Floyd G. Belsito Page 3 April 11, 1977 The committee made a number of changes to the Oil Code of the editorial and housekeeping type. The following is a review of the more substantive changes now recommended: 15. 40. 040. The composition of the Oil Committee is expanded to include a member of the Planning Commission on a permanent basis. 15. 08. 220. The definition of "Oil Operation" was changed to make it compatible with the definition of the term contained in Division 9. 15. 08. 290. The definition of "rework" was amended to replace the prior term of "redrilling. " This change provides for the opportunity to rework, extend orsrepair an existing, producing well without requiring a change of zoning on the property. 15. 12. 110. The time period for utilization of a permit required by the Oil Code is extended from 90 to 120 days to be consistent with the permit time limitations of the various other codes administered by the department. 15. 12. 170. The procedure for: appeals was completely rewritten by the City Attorney's office. The requirements are quite streamlined yet assure due process. The significant change here is that the Oil Committee recommends that the Board of Appeals serve as the appellate body instead of the City Council. One reason for this is that appeals taken under the .Oil Code are very rare. The primary reason, however, is that the process is quite similar to the processes contained in the various construction codes where the Board of Appeals has, for some time, been designated- as the appellate body. The considerations involved in the appeal process are for the most part technical as are the matters under the construction codes . The Board of Appeals is a technically oriented group. Chapter 15. 16. The section which required liability insurance of oil operators is deleted. It was originally deleted in 1975 on the finding by the City Attorney' s office that the requirement was discriminatory. It has since been reiterated, in City Attorney Opinion No. 7647 , that it is improper to require that the city be named in such insurance policy as an additional insured and that the policy contain a clause holding the city harmless.. The opinion is based on the fundamental principle that the issuance- of a permit is �a ministerial act and that the city cannot become subject to liability by the mere issuance of a permit. Floyd G. Belsito Page 4 April 11, 1977 15. 20. 150 and 15. 20.160. These are new provisions which require a permit for the construction of protective and enclosing fences and also include construction details. 15. 20. 210. The distances required between-.oil field recovery heaters and adjacent -development have been reduced where enclosed within 6 ' high masonry walls. 15. 20. 220. This section was amended to give the director the right to require the cessation of .operation if noise or vibration is determined to be detrimental to the health, safety or welfare of the neighborhood. 15. 20. 230. This- is a new section governing the use of gas engines in residential areas and the muffling of exhausts. 15. 20. 270. The provisions concerning the setbacks of oil storage tanks have been rewritten to require compliance. with the National Fire Protection Association- Standard No. 30 and the provisions of Division 9. An exception allows an operator to replace an existing, nonconforming tank that is deemed dangerous,. however, the replacement tank .cannot exceed the size of the replaced tank. 15. 20. 300. This section permits the storage. of minor equipment at a well site when that equipment is necessary for the maintenance and production at the site provided it is. screened from .view by appropriate fence, landscaping or wall. 15. 24. 040 and 15. 24. 050. These sections,, deal. with the maintenance of the site free from debris and the painting ..of. equipment, are .rewritten for clarification and to emphasize the attention to maintaining sites safe and clean. 15. 28. 010. This section dealing with waste water systems was rewritten to conform with Orange County Sanitation District discharge regulations. 15. 32. 040. This section deals with idle wells and represents an entirely new concept of treating such facilities. It emphasises the fact that oil operations should be treated as a .land use issue. It encourages the eventual abandonment of those wells which are, in fact, idle and incapable of producing. At the` same_ time it recognizes that a nonproducing well which is on a parcel ,of property or a lease with other oil production activity is really quite innocuous when compared with those on properties where no other oil operation exists. It allows such wells to remain so long as they are maintained in a neat, clean, painted condition. Floyd G. Belsito Page 5 April 11, 1977 In the case of nonproducing wells on isolated sites an operator would receive notice that said well must be reactivated within a period of six months or the Planning Commission would hold a hearing to consider the possibility of removing the 0 zoning from the subject property. He is given the opportunity .to show cause why the 0 zoning should not be removed and why the oil well should not be classified as an idle well. . 15.. 30. 070. This section extends the nonconforming rights for those oil operations where cause has been shown. that they should not be classified as idle. The extention is for a maximum period of six months. 15. 32.130. This section requires that an accurate record on each drill. site or lease be maintained current. . The record shall reflect the present status of each well, drill site or lease with respect to each of the regulatory provisions of the Oil Code and shall identify each well .as producing, idle -or abandoned. 15. 40. 010 through 15. 40. 040. These sections regulate the activation of idle wells. The requirement for an activation permit is retained, however, . such permit is processed by the department rather than the Board of Zoning Adjustments. It_, prohibits the. department from accepting such application unless the property involved may lawfully be used for oil operations in accordance with the provisions of, Division 9. Consideration of such application is no longer a discretionary process but one involving merely findings of fact. As a result such application can be processed effectively and efficiently by administrative action in the department. 15. 40. 050. This section contains another new concept concerning the capability of nonproducing. or idle wells to produce in the minimum quantities specified in the code. The present Oil Code makes no provision for. the test permit recommended. Under present procedure it first-. requires the removal of all equipment and the cleaning up of a drill site prior to making application for an activation permit. When such permit is- approved then certain of the equipment must be reinstalled in order to proceed with the activation. This proposal provides that, on- the volition of the operator, a test permit may be issued which is valid for a period of 90 days to permit the operator to test the well to determine if the well is capable of the minimum- required production. If, after the test process it is found that- the well is incapable of producing in the minimum quantities required, the procedure then requires the applicant to abandon said well in accordance with the requirements of the State Division of Oil and Gas. r Floyd G. Belsito Page 6 April 11, 1977 A significant consideration not discussed above is that . this recom mendation of the Oil Committee calls for the deletion of certain requirements.- of the existing Oil Code relating to the landscaping of all existing oil operation sites. The bases for the recommendation for the elimination of these requirements are several fold. The committee spent a great deal of time evaluating these requirements. An analysis was made of each of the several -categories of drill sites in the community. These. might be typified by the individual well on a 25' lot in the townlot area; a site containing two or three wells such as the area northerly from the civic center; the large oil leases of the major companies; and, the former Pacific Electric strip along the ocean side of Pacific Coast Highway. Each of these categories represents a special problem in considering landscaping requirements. The committee. also reviewed an analysis made by the Public Works department which discussed the- requirements- for, and the possibility of success of, such landscaping requirements. It pointed out the fact that oil operation sites, particularly those in close proximity to the ocean, simply .do not afford an environment conducive to the installation and maintenance -of landscaping. As a result of its analysis the committee is convinced that the community is better served_ by' deleting the landscaping requirements and emphasizing the maintenance and safety of oil operation sites. The conclusion also results from the fact that the oil production industry in this community is far different from that which existed at the time of the adoption of the original ordinance and that the landscaping requirements with their attendant problems are no longer warranted. The Oil Committee recommends the adoption of the attached ordinance. JFB/vl CITY OF HUNTINGTON BEACH ?� CA .77-6 COUNCIL - ADMINISTRATOR COMMUNICATION HUNTINGTON BEACH To Honorable Mayor and From Floyd G. Belsito , City Council Members City Administrator Subject OIL COMMITTEE APPOINTMENT Date January 19 , 1977 As you know, Bill Woods, who was the Chairman and represented the Western Oil and Gas Association on the Oil Committee, is no longer with the city. The Municipal Code specifically lists as a member of that committee a representative of the WOGA. Attached are copies of correspondence with Mr. A.O. Spaulding, Vice-President and General Manager of WOGA. He indicates that Mr. Orville Hanson of Aminoil, USA, will be WOGA' s designee for service on this committee. RECOMMENDATION Pursuant to the :recommendation of Mr. ' Spaulding, appoint .Mr. Orville . ! Hanson to the City' s Oil Committee . O Respectfully submitted, gAA + oLL Floyd Belsito , coU City dministrator .0 r`rclL FGB:p Cjry I97� Attachments /9 WE' ERN OIL AND GAs Ass( ATION 609__JTH GRAND AVENUE . Los ANGELES, CALIFO, .90017 (213) 624-6386 January 6- 1977: , t Mr. John F. Behrnes Director of Bldg. & L.J1:,, Community- Development City of Huntington Beach P. 0. Box 190 Huntington Beach 92648 Dear Mr. Behrnes : Due to Aminoil 's transfer of Mr. Bill Woods to the Geothermal Field office at Santa Rosa, your Mr. Davis called and requested official Western Oil and Gas Association (WOGA) nominations to represent our , member companies on the Huntington Beach City Oil Committee. To represent the major Huntington Beach Producers , we submit the following nominations : 1. Orville R. Hanson Manager, Environmental Conservation Aminoil , USA P. 0, Box 191 Huntington Beach, CA 92648 (714) 536-6521 2. Alex Henderson { Area Supervisor Standard Oil Co. of California 20031 Golden West St. Huntington Beach, CA 92648 (714) 536-2561 To maintain liaison among industry members and im�rove communication and cooperation, we recommend that the following 'ex-officio" members be appointed to the City Oil Committee: _ 1. James T. McCutcheon Manager, Tax & Statistics Dept. Western Oil and Gas Association 609 So. Grand Ave. Los Angeles , CA 90017 213 624-6386 2. E. R. Wilkinson Regional Administrative Officer Division of Oil and Gas i Dept. of Conservation 5199 E. Pacific Coast Hwy, Ste. 309-N Long Beach, CA 90804 � 1 To Mr. John F. Behrnes -2- January 6, 1977 Thank you and the City for this opportunity to participate in those governmental activities that affect the oil producing industry in your community. Sincerely, A. S ding Vice President an General Manager o y " 1 ,i City of Huntington Beach DEPARTMENT OF BUILDING & COMMUNITY DEVELOPMENT P.O. BOX 19.0 CALIFORNIA 92648 1a' ' January 12, 1977 A. 0. Spaulding Vice President and General Manager Western Oil and Gas Association 609 South Grand Avenue Los Angeles, CA 90017 Dear Mr. Spaulding: Thank you for your Letter of January 6, 1977, concerning membership representa- tion for the Western Oil and Gas Association on the Oil Committee in the city of Huntington Beach. The Huntington Beach Municipal Code provides that the Oil Committee be composed of a number of individuals. including "a representative of the Western Oil and Gas Association." Officially there can be buta single representative representing your association, however, in practice it is acceptable to have that designated person represented by others. In view of the provisions of the Huntington Beach Municipal Code and unless I hear from you to the contrary I will assume that Orville R. Hanson will be the official representative of your association. Accordingly, I will so recommend to the Mayor and Council at their regular meeting of February 7, 1977. • I would like to take this opportunity to thank you and your association for the excellent representation in the person of Bill Woods who served as Chairman of our Oil Committee since its inception. We look forward to continuing such relationship in this activity. i Sincerely, DEPARTMENT OF BUILDING COMMUNITY DEVELOPMENT i { JOHN F. BEHRENS, Director i JFB/vl { cc: Floyd G. Belsito I Amh. USA,Inc. P.0.Box 11279 Santa Rosa,California 95406 (707)527-5333 AMINOILUSA January 18, 1977 Honorable Mayor and City Council City of Huntington Beach P. 0. Box 190 Huntington Beach, CA 92648 It has been my pleasure to have served as Chairman of the Huntington Beach City Oil Committee as the representative of Western Oil and Gas Association since its official recognition by the Huntington Beach City Council. Due to my reassignment and transfer to the Aminoil Northern California Santa Rosa office, it is now necessary that I submit my resignation. Mr. Orville R. Hanson has been assigned by Aminoil to take over my local oil and gas responsibilities and to replace me as Aminoil's repre- sentative on the Western Oil and Gas Association Production Ordinance Committee. Mr. Hanson will be afforded the necessary time and expertise required to provide a good representation for the major producers in the City of Huntington Beach. I would therefore respectfully request your consideration of Mr. Hanson to fill the position I have vacated on the City Oil Committee. Yours sincerely, C. E. Woods CEW:lh cc: Bud Belsito John Behrnes Jim McCutcheon D AN 2 0 1977 CITY OF HUNTINGTON BEACH CITY COUNCIL OFFICE }g .� City of Huntington Beach _ DEPARTMENT OF BUILDING & COMMUNITY DEVELOPMENT P.O. BOX 190 CALIFORNIA 92648 To: Hon Mayor and City Council From: Johtoe hrens, Director Bui Community Development Subject: Oil EJ Date: Octob`@J 26, 1976 For some time the Oil Committee has been working on a redraft of the subject code. The Committee is now near finalization of this rather comprehensive rewrite but is probably 60 to 90 days away from the time, this can be submitted to Council for action. The present Oil Code contains certain provisions by which rather strict landscaping requirements must be accomplished around oil operation sites. So that neither the oil operators nor this department will be in conflict with the Huntington Beach Municipal Code, the Oil Committee respectfully requests the Council adopt the attached ordinance which will change the deadlines from December 1, 1976, to ,April 1, 1977. This should allow adequate time for the Oil Committee to complete its work and for the Council to give proper consideration to the Committee's recommendations. JFB/vl J\ ORDINANCE NO.o21_3 L AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 15 .24. 090, 15.24.120 AND 15 . 24. 130, PERTAINING TO CLEAN UP AND'! MAINTENANCE OF OIL WELLS The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach. Municipal Code is hereby amended by amending Sections 15 . 24 .090, 15 .24 .120 and 15 . 24. 130 to read as follows : 1 15. 24.090 Wall and gates--Time of compliance. Not later than Z, Z977, the operator of the oil operation site shall construct .a minimum six (6) foot high decorative masonry wall with a gate for access, said wall to be construc- ted entirely around said oil operation site, except that upon filing an application to the planning commission for admin- istrative action, the commission may approve the use of substitute materials which, for safety reasons , shall be at least as secure as a chain link fence. The commission may condition such approval. 15 . 24.120 Landscaping required. Not later than PeeeiRlaep Z, Z977, all front setbacks and exterior side ,yards setbacks of areas .which are created by the placement of a wall required by Section 15 . 24.080 shall be landscaped and permanently maintained. All landscaping provided pursuant to this section shall be approved by the board of zoning adjustments . 15. 24 . 130 Automatic sprinklers . Not later than Peeefabe- -I-,-}-3-7 April Z, Z977,' all landscaping installed on any oil operation site shall be maintained by an automatic sprinkler system or other adequate irrigation system as approved by the board of zoning adjustments upon application for administrative review. SECTION 2. This ordinance shall take effect- thirty days after its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News, a weekly news- 1. er s r . paper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of November, 1976. ATTEST: - Mayor City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: ity Administrator- /OSA-City A o e APPROVED, INITIATING DEPARTMENT: NO FISCAL IMPACT FISCAL IMPACT -- BUDGETED FISCAL IMPA -- ,: B*LDGETED REQUIRES FINANCIAL IMPACT RE°ORT 2 . CITY OF HUNTINGTON BEACH CA 7 6-119 COUNCIL - ADM IN ISTRATOR 'COMMUNICATION , HUNTINGTON BEACH To The Honorable Mayor and From Floyd G. . Belsito F City Council Members City Administrator Subject Attached Financial Impact Date. July 27, 1976 Reports Attached are the Financial Impact :Reports-covering two• unbudgeted items . The first is for .$1 ,U85 .t o replace the.. tail bearing assembly, on a City-owned oil well . Its .teplAcement, is necessary to continued :- production of the well The second ..item is $1,116 ,for t'he first quarter dues to the Santa Ana River/Santiago Creek Greenbelt Association.' You will recall that funding fdr,,ihe_'Association was, -deleted in .the budget hearings and that the City' was. notified by the Association ,that' cancellation prior to May 1 , 1976, was required by the- Joint powers' agreement in order to be effective for F.Y `1977 ; Due to the cancellation of the July' 21,, meeiing between the City Council' and EAC, a telephone survey only was conducted on these items with three members of the EAC. RECOMMENDATION I recommend that $2 ,201 be transferred from 'Contingency to cover hese expenses . Respectfully submitted, Floyd Belsito City dministrator FGBtbb vvU Attachments C. CITY OF HUNTINGTON .BEACH ,.. INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Floyd G. Belsito From F. B. Arguello City Administrator Director of Finance Subject Financial Impact Report'- Date. July '26, 1976 .' Santa Ana River Greenbelt Commission Dues' In response to .your offices.iequest to'prepire a'Financiai c Impact Report, relative to the 'payment 'of the first quarter ' (FY 1977) duea•.to 'tt�e Santa,'iAni River/Santiago Creek Greenbelt Commission, I am subm*tting the attached,: There. are funds •available in the general fund contingency account sufficient. to' cover this' request.. L F. B"gu Director of Finance EH/sdp D JUL 2 6 1976 CITY OF HUNTINGTON BEACH ADMINISTRATIVE OFFICE , CITY',OF HUNTINGTON BEACH FINANCIAL IMPACT REPORT Project Name Santa Ana River/Santiasto Creek Greenb 'Commissio Description Payment of first quarter dues - FY 1977 1 . DIRECT PROJECT. COSTS 1 . 1 One-Time Costs an furn. , ac, - Acquisi.tion Construction. Itles, :Equipment. Other Total.-Cost 1116.00 1116.00 1 .2 Recurring Annual Costs Additional Materials 1r Outside - Payroll Personnel Su lies Services. Revenues Total Cos 1 .3 Replacement/Renewal Costs None 2. INDIRECT COSTS None 3 • Financial Impact Re Page 2 3. NON-DOLLAR COSTS None 4. BENEFITS TO BE DERIVED FROM THE PROJECT Continued participation in the U1AAn{n&'of the "SAntA Ana Rivar Gruanhol_t�i�, 5. PROJECT USAGE 6. EXPENDITURE TIMING Payment was due July 1, 1976 7. COST OF NOT IMPLEMENTING THE PROJECT Possible legal action .by Greenbelt Commission due to contract_ City entered into with the Commission. %• �!! CITY CW HUNT1NG7'ON SUACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON 8WH To Floyd G. Belsito From F. B. Arguello City Administrator Director of Finance Subject Financial Impact Report - Date July 26, 1976 Civic Center Well /3 Pumping Unit Repair Attached is a financial impact report relative to the replacement of the tail bearing assembly on Civic Center Well i3 pumping unit. There are funds available in the general fund contingency account sufficient to cover this request. F. B. Irguello Director of Finance EH/sdp P E C k D J U L 2 61976 CITY OF HUNTINGTON BEACH ADMINISTRATIVE OFFICE CITY OF HUNTINGTON BEACH FINANCIAL IMPACT REPORT Project Name Civic Center Well #3 pumping unit repair Description Replace the tail bearing assembly of Civic Center Well #3 pumping. unit: 1 . DIRECT PROJECT COSTS 1 . 1 One-Time Costs Land. urn:-, ac _I T,_ Acquisition Construction_ ties,. E ui ment. Other Total Cost 1,085;00 1,085.00 1 .2 Recurring Annual - Costs Additional.. Mater als 8 utside Pa .roll Per"sonnet Su lies Services Revenues Total. Cost 30,000.00 1 .3 Replacement/Renewal Costs The chief oil field inspector estim "tes the tail bearing AgsPmh.Ig t__�_ have a 25 year useful life with normal routine maintenance. 2. INDIRECT COSTS . None t Financial Impact Rep • Page 2 3. NON-DOLLAR COSTS None 4. BENEFITS TO BE DERIVED FROM THE PROJECT . The continued use of the pumping unit..- This is one :of three wells the . City owns and they generate. approximately $90,000/year or. an average of $30,000/year each. 5. PROJECT USAGE 6. EXPENDITURE TIMING Thirty days after work is completed. 7. COST OF NOT IMPLEMENTING THE PROJECT The ptunping unit would enntinuP to d t rjar rp rpqnirinn the r.4pj ..g t of the unit at an approximate cost of $6060 plus the lost revenue from .non- . , production of this unit.. CITY OF HUNTINGTON BEACH CA .76-140 COUNCIL - ADMINISTRATOR COMMUNICATION , HUNTINGTON BEACH L To Honorable Mayor and From Floyd G. Belsito ✓" City Council Members City Administrator Subject CIVIC CENTER OIL WELL #2 Date September 1, 1976 Due to needed repairs on Civic Center Oil Well #2 , oil production is down from 13 barrels of oil daily to 2 barrels daily. Listed below are low cost estimates to repair the pump based on a normal 4 hour well servicing rig time. 1. Hire well servicing rig to pull rods, change pump rerun rods, fill tubing with water, put well on 4 hrs @ $88 per hour . . . . . . . . . . . . . . . . . $352 . 00 Rebuild and repair existing 3 stage type pump . . . . . . 611.42 $963. 42 2. Hire well servicing as per #1 . . . . . . . . . . . . . . . . . . . . . . $352 . 00 Exchange existing 3 stage type pump for a newer type 2 stage pump . . . . . . . . . . . . . . . . . . . . . . . . . . . 421.10 $773 . 10 All prices are estimated but reflect cost and time paid previously on the subject well. It will cost less to buy a new 2 stage pump than to rebuild the existing 3 stage pump. The new pump would also mean a longer pump life and re- duction in cost of future repairs. This is not a budgeted item, therefore, we are required to obtain approval from City Council prior to authorizing work to begin. I am sure there will be a number of non-budgeted requests come up over the course of the year, some of which will be of an emergency nature. I, therefore, request the City Council to authorize the establishment of an Administrative Con- tingency Fund in an amount of $5, 000 to $10, 000 as determined appropriate by the Council. This action will allow matters such as this to be taken care of by the City Administrator ' s office in an expeditious manner . RECOMMENDATION 1. : Approve..Alter`native #2 authorizing well servicing and purchase a new pump. 2. Authorize the establishment of an Administrative Contingency Fund in an amount of $5, 000 to $10,000 (amount determined by Council) . Res ectfully submitted, Loyd Belsito, City dministrator FGB:bb iy l ZIA �'►"%""I i. 0 TIN. CITY MALL LO3 A140CLCS. CALIPORNIA 90012 OFFICE OR"TME MAYOR TOM- 8 0 L E �j( • (813)485-3311 MAYOR /n � December-r 17, 1975 l J, �� TO: MEMBERS OF THE COUNCIL or-,,, LOCAL GOVERNMENTS CONCERNED WITH FEDERAL PROPOSALS FQR OIL DEVELOPMENT ON THE OUTER CONTINENTAL SHELF Attached is an accounting of the present status of funding of the Council ' s activities , (A), as well as an analysis of the additional required shares according to the basic formula; for member cities andcounties to pursue litigation as proposed by our attorneys at the December 12th meeting (B) . (Minute.s of that meeting are also included' in the packet) (C) . At the meeting, it was decided" that the matter of review and proposal of amendments to legislation now pending before Congress concerning the Outer ;-Continental Shelf Lands Act of 1953, would be referred to ';the Policy Task Force for recommendations to the full Council. • Any members who have not previously participated irf Task Force deliberations will be welcome to attend. It` is proposed that this .Task Force meeting take place in the Mayor' s Conference Room, City Hall , Los Angeles , at 4 p.m. on Ilednesday, January 7th_ 1976 . Copies of the . legislation arenow avai able from Norman Emerson, Executive Assistant to the Mayor, City of Los Angeles , upon request. Such requests , and reservation of parking for the Task Force meeting, should be -;r.eferred to Mr. Emerson at (213) 485- 3315. The next regular meeting of tie full Council of Local Governments will take place at the Huntinton Beach City Hall at _ 1 p.m. , January 9th, 197 y. �E ORDINANCE N0. Z AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS •5. 32 .020 , 5 . 32.030 AND 5. 32 .040 PERTAINING TO OIL PRODUCTION BUSINESS TAX The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Municipal Code is hereby amended by amending Sections 5 . 32 .020, 5 . 32 . 030 and 5 . 32 . 040 to read as follows : 5 . 32. 020 License--Term. The term of such license shall be one (1) year, commencing on July 1 of each year, beginning with July 1, 1976, except that in the event the effective date of this amendment of this chapter is after July 1, 1976, the term of the license for such fiscal year shall commence with the effective date of the amendment of this chapter and shall continue to June 30 , 1977 inclusive , and the base annual fee for the year, and the quarterly payments of such fiscal year shall be adjusted accordingly. At the end of the term of any license issued or renewed hereunder, such license shall be of no further force or ef- fect unless renewed as hereinafter provided. 5. 32 . 030 License--Fees . Every person required by this chapter to have a license shall _pay to the City of Huntington Beach the fees hereinafter provided, in the manner hereinafter provided. (a) Prior to the issuance or renewal of such license, a base annual fee of One Hundred Eight Dollars ($108) per well. Such base annual fee shall apply to each well producing oil or gas , or both. A fee of One Hundred Eight Dollars ($108) per well shall be paid for the period from and after the effective date of this amendment - of this chapter through June 30, 1977, with a - credit applied thereto of any amount previously paid as the base annual fee due July 1, 1976. 1 . DPB: ahb I� (b ) For the period commencing with the effective date of this amendment - and -ending---June 30, 1977, and for each succeeding fiscal year., and in addition to the base annual fee, an amount equalling nine cents ($. 09 ) per barrel of oil produced by each well per quarter, less a credit of Twenty-seven Dollars ($27) per well per quarter. No carry-over of credit shall be per- mitted. The amount of license fee to be paid under this sub- section for the quarter consisting of July, August and September of 1976 shall be adjusted as provided in Section 5 . 32 .020 of this chapter. 5. 32. 040 Base Annual Fee--Due When. The base annual fee, required by this amendment to this chapter, shall be due and payable on or before July 1 of each fiscal year. Such base annual fee shall be delinquent on the day following such due date . In the event the -effective date of this amendment to this chapter is after July' l, 1976, the One Hundred Eight Dollar ( $108) base annual fee shall be adjusted as provided in Section 5 . 32 .020 of this chapter, and shall be due and payable on the effective date of this amendment, and shall be delinquent on the date following such effective date . SECTION 2. This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the pas- sage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News , a weekly newspaper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City . of Huntington Beach at an adjourned regular meeting thereof held on the 28th day of June, 1976 . Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attpll"*� 2 . APPROVED AS TO CONTENT AND AS INITIATING DEPARTMENT: Acti City Administrator 3. d. No. 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 the 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 ordinance was read to said City Council at a regular meeting thereof held on the day of 19 and was again read to said City Council at a regular meeting thereof held on the day of 19 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ORDINANCE NO. ZD AN ORDINANCE OF THE CITY OF HUN.TINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 5 . 32.020 , 5 . 32.030 AND 5. 32. 040 PERTAINING TO OIL PRODUCTION BUSINESS TAX The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Municipal Code is hereby amended by amending Sections 5. 32 .020 , 5. 32.030 and 5. 32 .040 to read as follows : 5. 32. 020 License--Term. The term of such license shall be one 1 year,. commencing on July 1 of each year, beginning with July 1, 19746, except that in the event the effective date of this amendment of this chapter is after July 1, 19746, the term of the license for such fiscal year shall commence with the effective date of the amendment of this chapter and shall continue -to June 30 , 19757 inclusive , and the base annual fee for the year, and the quarterly payments of such fiscal year shall be adjusted accordingly . At the end of the term of any license issued or renewed hereunder, such license shall be of no further force or ef- fect unless renewed as hereinafter provided. 5. 32. 030 License--Fees . -Every person required by this chapter to have a license shall pay to the City of Huntington Beach the fees hereinafter provided, in the manner herein- after provided. (a) Prior to the issuance or renewal of such license , a base annual fee of Hundred Eight Dollars ($Z08) per well. Such base annual fee shall apply to each well producing oil or gas , or both. A fee of N4:nett'-s}-x Be-14e.�e-449640ne Hundred Eight Dollars ($Z08) per well shall be paid for the period from .and after the effective date of this amendment of this chapter through June 30, 19757, with a credit applied thereto of any amount previously paid as the base annual fee due daee-39;--19-714JuZy Z, Z976. DPB:ahb 1. (b) For the period commencing with the effective date of this amendment and ending" June 30, 19757, and for each succeeding fiscal year, and in addition to the base annual fee, an amount equalling cents ($. 09) per barrel of oil produced by each well per quarter, less a credit of Twe-R#Y-€ee.-P-Pe-lla-pe-442144Twenty-seven Dollars ($27) per well per quarter. No carry-over of credit shall be per- mitted. The amount of license fee to be paid under this sub- section for the quarter consisting of July; August and September of 197-46 shall be adjusted as provided in Section 5 . 32 . 020 of this chapter. 5. 32. 040 Base Annual Fee--Due When. The base annual fee, required by this amendment to this chapter, shall be due . and payable on or before July 1 of each fiscal year. Such base annual fee shall be delinquent on the day following such due date . In the event the effective date of this amendment to this chapter is after July 1, 197146 , the 4$9640ne Hundred Eight Dollar ($Z08) base annual fee shall be adjusted as provided in Section 5. 32.020 of this chapter, and shall be due and payable .on the effective date of this amend- ment , and shall be delinquent on the date following such effec- tive date. SECTION 2. This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the pas- sage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News , a weekly newspaper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by. the City Council of the City of Huntington Beach at an adjourned regular meeting thereod held on the 28th day of June, 1976. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Atto ey 2. APPROVED AS TO CONTENT AND AS INITIATING DEPARTMENT: Acti City Administrator 3. "iff CITY OF H UNTINGTON BEACH CITY COUNCIL COMMUNICATION • • • • NIIN TINGiON BEACHtj TO Mayor & City Council FROM - Harriett Wieder Mayor Pro Tem SUBJECT Student Involvement in Off-Shore DATE February 10 , 1976 Oil Litigation . Students from Huntington Beach, Marina and Edison High Schools have met and are beginning a campaign to collect money to defray the expense -of our contribution to the Off-Shore Oil litigation. The students have tentatively set the month of April for their campaign and are now planning activities . They have asked for our. endorsement and support of their efforts . Their enthusiasm and dedication is sure to make a successful campaign. HW:cb - IV N ' from they sk of: CU'�NIE BROCKWAY :i • CITY OF HUNTINGTON BEACH CA 75-37 COUNCIL - ADMINISTRATOR COMMUNICATION /bl� HUNTINGTON BEACH To Honorable Mayor and From City Administra ror City Council Members Subject SECTION 2328 (INSURANCE Date May 28 , 1975 REQUIREMENT) ,HUNTINGTON BEACH OIL CODE (ORDINANCE NO. 1987) Based on an opinion from the City Attorney' s Office that Section 2328 of the Huntington-.Beach Oil Code is "inap- propriate and should not be enforced," it is recommended that your Honorable Body consider deleting it from the Oil Code. This Section requires that oil operators : provide insurance naming the City as additionally insured. Although the City has certain responsibilities with regard to safety require- ments , these are not the type of responsibilities that can direct liability onto the City. Moreover, the City has safety requirements with regard to other businesses and structures within the City of Huntington Beach, and they are not required to provide a certificate of insurance with the City as additionally.-Ansur.ed. RECOMMENDATION Adopt Ordinance No. 1987 . Respect full.y. :;submitted, Z. avid twerr�Ze�� City Administrator DDR:p 1 J WHITE-CITY CLERK TY ATTORNEY BLUE CI i. CITY OF HUNTING.JN BEACH No. - GREEN-CITY ADMINISTRATOR CANARY-DEPARTMENTAL REQUEST for ORDINANCE or RESOLUTION Date Request made by Department May 15, 1975 John F. Behrens, Director Building & Community Development INSTRUCTIONS: File request in the City Administrator's Office quickly as possible but not later than noon, one week prior to the Council Meeting at which it is to be introduced. Print or type facts necessary for City Attorney's use in preparation of ordinance. In a separate paragraph outline briefly reasons for the request of Council Action.Attach all papers pertinent to the subject.All appropriation requests must be cleared and approved by the Director of Finance before submitting to City Administrator's Office. Preparation of an Ordinance or Resolution is hereby requested: Amend the Huntington Beach Ordinance Code by deleting Section 2328. There appears to be no valid rationale why oil operators, drilling contractors and well servicing companies doing business within the city must provide a "certificate of insurance, with this city named as additional insured.. .." The above parties are operating on private property and, of course, would have their own insurance to protect them against liability. Although it is conceivable that a party injured by an oil operator could sue the city, it would seem that any possible basis of liability upon the city would be most tenuous. It is difficult to differentiate between oil operators and others doing business. within the city who do not have to provide insurance naming the city as additional insured. Although the city has certain responsibilities with regard to safety requirements, these are not the type of responsibilities that can direct liability on to the city. Moreover, the city has safety requirements with regard to other businesses and structures within the city of Huntington Beach, and they are not required to provide a certificate of insurance with the city as additional insured. Desired effective date Signed: Approved as to availability of funds • i� • �� Director of Finance City Attorney—Please prepare a tdAmit printed copies to this office by: ity Administrator CITY OF H UNTINGTON BEACH CITY COUNCIL COMMUNICATION • • • • HUNTINGTON BEACH TO City Council FROM Harriett Wieder Mayor Pro Tem SUBJECT oF.F SHORB OIL DRILLING LITIGATION DATE December 12 , 1975 I" attended the meeting. of the Council of Local Govern- ments , Friday, December 12th in Mayor Tom Bradley' s �3 office of Los Angeles City Hall . r The discussion centered on what our role should be in l•ight . of the 'December llth bids on off-shore leases . This has taken an added and significant importance to 'our-'City inasmuch as the tracts off of Huntington Beach received the heaviest bidding. The suit that was filed in Washington, D.G. on our behalf was filed by "The Center for the Law in the Public -Interest." As,.you know, this suit for delay of the sale of the leases. was denied and referred back to the Central District of California. It is now in the court of Judge :Aubrey Robinson. ,.The Council of Local Governments at Fr.iday's meeting agreed. to. pursue . cont•inued. litigation immediately. I . need to know from the City Council whether we should agree to: `continue as, a party in the law suit . This 14ill:undoubtedly mean at least three times the amount of money we have already contributed ($500) . Because I:`„know there is no. money in our contingency and if you ,agree ,; I would like to offer minute action to "go public" by asking the citizens of Huntington Beach to .contribute _2 cents per adult resident . This should generate the amount needed. This was done successfully in-Manhattan Beach. HMW::cb . y i p s' � COMMITTEES, JERRY M. PATTERSON HOME OFFICE: BANKING.CURRENCY AND VERLYN N.JENSEN HOUSING 38TH DISTRICT OF CALIFORNIA bllrrwrCr wEFae6ENTArlvB SUBCOMMITTEES. - JAMES G.COREY ' HOUSING Cortgrav of.tbe E niteb stateo ADMINISTRATIVE A8818TANT ECONOMIC STABILIZATION FEDERAL OFFIcE BuILDtmo FINANCIAL INSTITUTIONS SUPERVISION. 84 CIVIC CEWER PLAZA:SUITE 921 1 REGULATION AND INSURANCE JbouOe of Apregentatibeo . SAWA ANA.CALIFORNIA 92701 MERCHANT MARINE AND II g� , . 20515 TELEPHONE,(714)839-3811 FISHERIES �^^"�+ ,� WASHINGTONOFFICEt SUSCOAND WILDLIFE �, {(� JAMES H.COUSINS FISHERIES AND E ENVIRONMENT D „n 11(:' ADMINISTRATIVE A881STA r CONSERVATION AND THE EHVtRONMENT I�. lJ COAST GUARD AND NAVIGATION M7 CAHNON House OFFICE BuIWWO IS IS MERCHANT MARINE D^ { I v - WASIONOrON,D.C. 2081E For Immediate Release December 9, 1975 Contact: i J. Corey 835-3811 - More than 1.56 million acres of Southern California offshore land went on sale Thursday, December 11, after a Washington D. C. District S, Court judge ruled last Friday against an injunction to block offshore : drilling. -{ Congressman Jerry Patterson (D-Santa Ana).'joined Orange County and other agencies and g prominent individuals in calling. for the injunction. "Unless the .county and other agencies are successful in .'appealing the decision the oil companies will now be allowed to drill regardless of whether the environmental impact is .greater than the economic benefits. "I' thaught Orange County' s- suit. was fair in asking that the secre •1L Y~i tary of the interior terminate the leases if exploratory drilling deter- mined that more harm would befall the environment than benefits derived from available oil," said Patterson. ! He also pointed out that a thorough study of the onshore impact of offshore drilling hasn't been made: "This can only be determined .after exploration, which is why I think the secretary of the interior should be empowered to terminate a lease if necessary. Any construction of platforms, storage tanks, pipe- line corridors, and harbor facilities depends on the amount of oil found offshore. REPLY To, -more— D HOMEOmcE D mw"eTDN O/11Ci THIS STATIONERY PRINTED ON PAPER MADE WITH ►iECYCLED-FIBERB :d PATTERSON RELEASE 2-2-2-2-2-2-2-2-2 "Only six billion barrels of oil have been developed from offshore drilling within the past 25 years and the effects of this drilling have drastically affected environmental coastal zones and the socio-economic character of offshore oil producing states, " said Patterson. Approximately 10 million acres of offshore land will be leased nationwide in one year, under a plan submitted by the Administration. Some states and Washington legislators argue that the leases will be too extensive for states to administer adequately. Development should occur at a slower rate over an extended. period of time, they say. Patterson, in asking for a drilling delay, emphasized that Calif- ornia has yet to complete a plan for coastal zone .management as mandated by a 1572 referendum approved by voters. He added that Californians' will not be burdened by any serious oil shortages as a result of the postponement because of the immediate `availability of the Elk Hills Naval Oil Reserve. a "Not only may environmental harm be a consequence of offshore drilling, but it may also create fiscal, administrative and technical problems beyond the capacity of California and other states to handle,." added Patterson. The Congressman warned the Federal government against mandating offshore drilling to the states. He believes that the states and local governments should be given more time to study the impacts of offshore drilling since they, and not the Federal government are going to have to cope with 'any detrimental consequences. more--more--more--more-- va ..'' PA`iT, .ON RELEASE '4 3-3-3-3-3-3-3-3-3 "The states should also receive assurances that they will receive an adequate share of offshore drilling revenues and before any drilling starts Congress should enact legislation to assist the states in paying for the costs of cleaning up oil spills which result from any technical flaws. "There is legislation pending in Congress to protect state and local governments from adverse environmental and economic impacts of offshore drilling. A pending House Resolution authorizes Federal grants equal to 10 percent of oil and gas revenues to the states to help them offset the economic impact of energy facilities related to offshore drilling," said Patterson, Presently there are no provisions for public review .of offshore drilling plans. The oil companies have sole .control over regulating the exploration and development of the outer-continental shelf. "In reality the President and his advisors are allowing the oil companies. to lead us blindly into this. "Also, none of the documents produced by the government or the oil I; companies tells us how much the offshore oil is worth. So how can the Federal. government establish a fairmarket value on the leases?" , said Patterson. i I I i f 1 I De CITY OF HUNTINGTON BEACH Lo" INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To City Clerk From City Attorney Subject Outer Continental Shelf Date January 7 , 1976 Litigation Fund Please furnish the undersigned with_ a copy of the minutes of the council meeting for December 15 , 1975 which relates to an appropriation of $1500 . 00 for the Outer Continental Shelf oil drilling litigation. The motion to appropriate this money would have been made by Mrs . Wieder. Please note that this appropriation would have been in addition to the $500 . 00 previously authorized in September 1975 which amount may have also been mentioned at. the December 15, 1975 meeting. DON P . BONFA City Attorney WSA:DPB:cs V-)_qN cc : Mrs . Harriett Wieder Floyd Belsito Earl Horton 1 STATEMF OF THE ACTION OF THE CITY COURT' Council Chamber, City Hall Huntington Beach, California Monday, December 15, 1975 Mayor Gibbs called the regular meeting of the City Council of the City of Huntington Beach to order at 1:00 P.M. Present: Bartlett, Wieder, Coen, Matney, Shipley, Gibbs Duke - (arrived 7:15 P.M.) Absent: None REPORT - OFF-SHORE OIL DRILLING LITIGATION - CONTRIBUTIONS REQUESTED Councilwoman Wieder reported on a meeting of the Council of Local Governments, which she had attended on December 12, 1975, in Mayor Bradley's office at Los Angeles City Hall. She inquired as to whether the City Council wished to continue to be a party to the suit to continue litigation. She reported on the meeting in general. A motion was made by Councilwoman Wieder that the city continue to be a party to the off-shore oil drilling litigation, and that in so doing will be obligated for the city's share of litigation costs of $1500 and further that the citizens of the city be asked to conttribute two cents .per adult resident to provide the needed funds. Councilman Duke requested a division of the motion. A motion was made by Councilwoman Wieder that the city continue as a party to the off- shore drilling litigation suit. The motion was passed by the following vote: AYES: Wieder, Coen, Shipley, Duke, Gibbs NOES: Bartlett, Matney ABSENT: None A motion was made by Councilwoman Wieder that the city embark.upon a public subscription campaign to raise the funds we need toward legal fees, and that we have a public subscrip- tion of two cents per adult resident of the city, to cover the litigation costs of the city. Councilwoman Wieder informed Council that the other parties to the suit were Southern California Association of Governments,, City of Beverly Hills, Hermosa Beach, Huntington Beach, Laguna Beach, Manhatten Beach, Newport Beach, . Orange County, Palos Verdes Estates, City of Riverside, San Diego, San Diego County,. City of Santa Barbara, Santa Barbara - County and Santa Monica. A motion was made by .Councilman Duke to amend the motion whereby if the required amount of money should not be raised that it be derived from a one cent per barrel tax increase. The motion failed to pass by the following roll call vote: AYES: Matney, Duke NOES: Bartlett, Wieder, Coen, Shipley, Gibbs ABSENT: None The motion made by Councilwoman Wieder that the city embark upon a public subscription campaign of two cents per adult resident of the city to cover city litigation costs, was passed by the following vote: AYES: Bartlett, Wieder, Coen, Matney, Shipley, Duke, Gibbs NOES None ABSENT: None On motion by Gibbs; the regular meeting of the City Council of the City of Huntington Beach adjourned at 11:30 P.M. to Monday, December 22, 1975 at 5:30 P.M. in the Council Chambers. The motion was passed by the following vote: AYES: Coen, Matney, Shipley, Gibbs NOES: None ABSENT: Bartlett, Wieder, Duke Alicia M: Wentworth City Clerk and ex-officio _Clerk ATTEST: of the City Council of 'the City of Huntington Beach, California Alicia M. Wentworth By Connie Brockway By Connie Brockwa Deputy epu y Norma Arandel Gibbs J � STATEML _ OF THE ACTION OF THE CITY COU. L Council Chamber, City Hall Huntington Beach, California Monday, December 15, 1975 Mayor Gibbs called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. Present: Bartlett, Wieder, Coen, Matney, Shipley, Gibbs Duke - (arrived 7: 15 P.M.) Absent: None REPORT - OFF-SHORE OIL DRILLING LITIGATION - CONTRIBUTIONS REQUESTED Councilwoman Wieder reported on a meeting of the Council of Local Governments, which she had attended on December 12, 1975, in Mayor Bradley's office at Los Angeles City Hall. She inquired as to whether the City Council wished to continue to be a party to the suit to continue litigation. She reported on the meeting in general. A motion was made by Councilwoman Wieder that the city continue to be a party to the off-shore oil drilling litigation, and that in so doing will be obligated for the city's share of litigation costs of $1500 and further that the citizens of the city be asked to contribute two cents per adult resident to provide the needed funds. Councilman Duke requested a division of the motion. A motion was made by Councilwoman Wieder that the city continue as a party to the off- shore drilling litigation suit. The motion was passed by the following vote: AYES: Wieder, Coen, Shipley, Duke, Gibbs NOES: Bartlett, Matney ABSENT: None A motion was made by Councilwoman Wieder that the city embark upon a public subscription campaign to raise the funds we need toward legal fees, and that we have a public subscrip- tion of two cents per adult resident of the city, to cover the litigation costs of the city. Councilwoman Wieder informed Council that the other parties to the suit were Southern California Association of Governments, City of Beverly Hills, Hermosa Beach, Huntington Beach, Laguna Beach, Manhatten Beach, Newport Beach, Orange County, Palos Verdes Estates, City of Riverside, San Diego, San Diego County, City of Santa Barbara, Santa Barbara County and Santa Monica. A motion was made by Councilman Duke to amend the motion whereby if the required amount of money should not be raised. that it be derived from a one cent per barrel tax increase. The motion failed to pass by the following roll call vote: AYES: Matney, Duke NOES: Bartlett, Wieder, Coen, Shipley, Gibbs ABSENT: None The motion made by Councilwoman Wieder that the city embark upon a public subscription campaign of two cents per adult resident of the city to cover city litigation costs, was passed by the following vote: AYES: Bartlett, Wieder, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None On motion by Gibbs, the regular meeting of the City Council of the City of Huntington Beach adjourned at 11:30 P.M. to Monday, December 22, 1975 at 5:30 P.M. in the Council Chambers. The motion was passed by the following vote: AYES: Coen, Matney, Shipley, Gibbs NOES: None ABSENT: Bartlett, Wieder, Duke Alicia M. Wentworth City Clerk and ex-officio Clerk ATTEST: of the City Council of the City Alicia M. Wentworth of Huntington Beach, California By Connie Brockway By Connie Brockway Deputy deputy Norma Wna_del Gibbs P FORM . STATE OF CALIFORNIA J DEPARTMENT OF CONSERVATION DIVISION OF OIL AND GAS MONTHLY OIL, WATER AND GAS PRODUCTION AND GAS DISPOSITION REPORT SUBMIT IN DUPLICATE 1 .11 :I'3• s To Division of Oil and Gas, 0200d Month covered by report 0%ild. k'L e• 19-73 (city) Fields A (Name of Operator) County +`.)Y'L�S2r'.43 jyfYl�i` IA. 9. 19 _ (Sixnature) - (Date) 9 fAr.enrine P:F.F!nne. San Poe'rbs Q,7- %A6fi ``raeacP,ion i,� r. (Address) (Telephone No.) (Title) NOTE: Report actual production (NOT SALES). List all wells except those officially abandoned Use Form I10-B for water injection wells. c z GROSS BARRELS OF BARRELS OF W;n PRODUCEPG MCF)AS 0 GRAVITY CASING TUBING o i� IF WELL NOT ON SEC. T., R. WELL No. CLEAN OIL WATER m m o OF PRESSURE PRESSURE =and PRODUCTION. PRODUCED PRODUCED °a (SEE NOTE OIL ,~„d STATE REASON =pa BELOW) 204 5 #5 t mt Qthut-I In 18 Cat Lift FEB 15 1974 LI C ENSF, DEPT.: TOTALS X, .1.0 rj- PRODUCED GAS DISPOSITION (Mcf.) NUMBER OF WELLS 1. Gross Gas Produced . . . . . . . . . . . . . . . . Producing . . . . 1 2. Produced Gas Injected (Pressure maintenance, recycling,, etc.) Idle or Shut-in . . . . . 3. Net Gas Produced (Line I less line 2) . . . . . . . . Gas Injection . . . . . 4. Gas Used in Oil Producing Operations . . . . . . . . Total . . . . . . S. Gas Reportable on Annual Statement (Line 3 less line 4) Completed during Month . Gas Blown to Air Abandoned during Month NOTE: Gross gas is total well production less any gas used for gas lift in the well itself. (Report Must Be Filed in Duplicate Each Montb—Failure to File Is a Misdemeanor. Sec. 3227,Public Resources Code) OSP FORM _ STATE OF CALIFORNIA DEPARTMENT OF CONSERVATION DIVISION OF OIL AND GAS MONTHLY OIL, WATER AND GAS PRODUCTION AND GAS DISPOSITION REPORT SUBMIT IN DUPLICATE July AID eus t To Division of Oil and Gas; 'I°Y► !l�rty(^ti Month covered by report 0A4 o�;.+g� 19 (city) Field 'FlUns6t HOLAT-h'l;A Otl �►+°� ;ti°� (Name of Operator) County rx�:~B .Aker r. ta�x� T19 - p(signature) (Date) 34)3"9, Sueox'�,Tif" Avenue: Znn Pedroa en.12f,, clit7-20 i P otbacto ors :?-w. - (Address) (Telephone No.) (Title) NOTE: Report actual production (NOT SALES). List all wells except those officially abandoned Use Form IIO-B for water injection wells. z W O J B In ARRELS OF BARRELS OF w3o PRODUCEDG(McF) GRAVITY CASING TUBING 0, IF WELL NOT ON SEC. T..-R. WELL-NO. CLEAN OIL WATER m,Au OF PRESSURE PRESSURE _�i PRODUCTION. PRODUCED -PRODUCED $ - (SEE NOTE OIL - W a STATE REASON =pa BELOW) Sec. 9 sDJt"1.'s$ . 0 ~ �w Y - Shin In 0. R CF �C7 FEB 15 1974 LICENSE. DEPT. TOTALS PRODUCED GAS DISPOSITION (Mcf.) NUMBER OF WELLS 1. Gross Gas Produced . . . . . . . . . . . . . Producing 2. Produced Gas Injected (Pressure maintenance, recycling, etc.) Idle or Shut-in . 3. Net Gas Produced (Line I less line 2) . . . . . . . . . Gas Injection . . . . . 4. Gas Used in Oil Producing Operations . . . . Total . . . . . S. Gas Reportable on Annual Statement (Line 3 less line 4) 4 Completed during Month . Gas Blown to Air Abandoned during Month NOTE: Gross gas is total well production less any gas used for gas lift in the well itself. (Report Must Be Filed in Duplicate Each Month—Failure to File Is a Misdemeanor.Sec. 3227,Public Resources Code) A OSP FORM f STATE OF CALIFORNIA - DEPARTMENT OF CONSERVATION DIVISION OF OIL AND GAS MONTHLY OIL, WATER AND GAS PRODUCTION AND GAS DISPOSITION. REPORT SUBMIT IN DUPLICATE Ana :E 147 To Division of Oil and Gas, A*Wood Month covered by reporter ='t no 19 (City) Field 8t. ollft" F' 3t+ 6,11 (Name of Operator) County rt1 --1 ( ignature) (Date) (Address) (Telephone No.) - (Tide) NOTE: Report actual production (NOT SALES),. List all wells except those officially abandoned.Use Form 110-11 for water injection wells. W OGROSS GAS :0 BARRELS OF BARRELS OF W;n PRODUCED (MCF) GRAVITY CASING TUBING O s IF WELL NOT ON SEC. T.. R. WELL No. CLEAN OIL WATER .00 OF PRESSURE PRESSURE �md PRODUCTION. PRODUCED - PRODUCED (SEE NOTE - OIL W n STATE REASON =py BELOW) - FO!t s 05 max 5 10 2 1 1 ,. ,- 40 Shy b In R CE3 VFD FEB 15 1974 LIC ENSE EPT. TOTALS -10 PRODUCED GAS DISPOSITION (Mcf.) NUMBER OF WELLS 1. Gross Gas Produced • . . . . . . . . . . . . • Producing . . . . . . 2. Produced Gas Injected (Pressure maintenance, recycling, etc.) Idle or Shut-in . . . . 3. Net Gas Produced (Line 1 less line 2) . . . . . . . . . Gas Injection . . . . . 4. Gas Used in Oil Producing Operations . . . . . . . Total . . . . . . . S. Gas Reportable on Annual Statement (Line 3 less line 4). . Completed during Month . Gas Blown to Air Abandoned during Month NOTE: Gross gas is total well production less any gas used for gas lift in the well itself. (Report Must Be Filed in Duplicate Each Month—Failure to File Is a Misdemeanor.Sec. 3227,Public Resources Code) A cap CITY OF HUNTINGTON BEACH QUARTERLY OIL PRODUCTION BUSINESS LICENSE TAX REPORT LICENSE DEPARTMENT "P. 0. BOX 190 (536-5267) (Copies of State of California Division of Oil d Gas HUNTINGTO BEACH CALIF. 92648 Form 110 Report maybe submitted in lieu of this report. ) OPERATOR ow�,�. n ADDRESS ��� �, C,01 1 r\/A. v sue) 7U PHONE NO. Uti MONTHS COVERED BY REPORT ,l9�1 NOTE: Report actual production (NOT SALES). List all wells except those officially abandoned to State of California and ity of Huntington Beach standards. If well is idle, so state in the appropriate column. "I declare under penalty of making a false declaration that I am authorized to make this statement, and that to the best of my knowledge and belief it is a true, correct and complete statement made in good faith for the period stated, in compli:itice with the provisions of the Huntington Beach Ordinance Code." 4&j Signature - Title SECTION, NAME AND WELL NO. PRODUCING BBLS. CLEAN @ $ .04 *GROSS GAS TOTAL LESS BALANTC.1; DUE T VSHTP OR OIL PER BBL. PRODUCED DOLLAR CREDIT Atw RANGE IDLE PRODUCED (MCF) AMOUNT 12- i z. 1 0 — p oN S?.(�v LI t5 910 RECEIVED A 74 % LICENSE DEFT. � Cc _ i TOTALS *Gross gas is total well production less any gas used for gas lift in well itself. (Report must be filed during the first THIRTY (30) DAYS of each calendar quarter for the last preceeding calendar quarter. Failure to file is a misdemeanor - - Section 2309, Huntington Beach Ordinance Code. CITY OF HUNTINGTON BEACH QUArTERLY OIL PRODUCTION BUSINESS LICENSE. TAX REPORT LICENSE DEPARTMENT `P. 0. BOX 190 (536-5267) (Copies of State of California Division of Oil d Gas HUNTINGTON BEACH CALIF. 92648 Form 110 Report max be submitted in lieu of this report.) OPERATOR ADDRESS N LM d9. CO I J�Jd} `�`rJ - 1v PHONE NO. �1)y �� � MONTHS COVERED BY REPORT Mf,-j.,-=uN1e Igr7 NOTE: Report actual production (NOT SALES). List all wells except those officially a andon d to State of California and City of Huntington Beach standards. If well is idle, so state in the appropriate column. "I declare under penalty of making a false declaration that I am authorized to make this statement, and that to the bast of my knowledge and belief it is a true, correct and complete statement ma a in good faith for the period stated, in compli:Aace with the provisions of the Huntington Beach Ordinance Code." \-�� Signature Title SECTION, NAME AND WELL NO. PRODUCING BBLS. CLEAN @ $ .04 *GROSS GAS TOTAL LESS BALANC.1', DUE T iSHIP OR OIL PER BBL. PRODUCED DOLLAR CRLUIT Anu RANGE IDLE PRODUCED (MCF) AMOUNT go /.?, e• O c(U -- 0 - 3 a -H 0) y � D 3 /3 e R F'e7MVED LICCL.• C DEPT. 0-(2 TOTALS - *Gross gas is total well production less any gas used for gas lift in well itself. (Report must be filed during the first THIRTY (30) DAYS of each calendar quarter for the last preceeding calendar quarter. Failure to file is a misdemeanor - - Section 2309, Huntington Beach Ordinance Code. -a 4 .7 J J pp RESOLUTION NO. JJ83 A RESOLUTION OF THE CITY COUNCIL 1JF THE CITY OF HUNTINGTON BEACH DETERMINING FEE SCHEDULE OF PERMITS REQ(JIRED BY HUNTINGTON BEACH OIL CODE AND SETTING CONDITIONS OF PAYMENT THEREOF WHEREAS , the City Council of the City of Huntington Beach. , pursuant to Article 231 of the Huntington Beach Ordinance Code , is required to set a fee schedule for the permits required by such cede , said schedule to be based upon the projected ad- ministrative and legal costs of administering and enforcing the Huntington Beach Oil Code and all provisions relating to oil operations in the City of Huntington Beach , NOW, 'THEREFORE , the City Council of the City of Huntington Beach does hereby resolve to L5et the following fees and con- ditions for permits commencing on the effective date of Ordi- nance No . l65 3 : A. FEES 1 . Drilling or redrilling permit - $100.00. per well Must be paid upon application. 2 . Annual inspection permit - $ 50.00 per well Current rate shall apply through June 30 , 1972 . 3. Waste water permit - $ 30.00 per well Term: January 1 , 1972 through December 31 , 1972 . 4 . Oil field recovery heater permit - $ 100.00 per well Must _be paid upon application . B. CONDITIONS 1 . Payment of the above fees is a condition to the isuance of each permit . 2 . The aforementioned fees shall be paid to the Depart- ment of Oil Field Control to be forwarded to the Department. of Finance for allocation to the city ' s general fund . 1 . �a. 3 . The annual inspection permit shall be considered a permit to operate for one year commencing July 1.. The current. fee shall apply to all such permits issued prior to .the. 'e-ff.ec_ tive date hereof. This fee shall be due and payable -on July .15 of each year, commencing with .the year 1912 and shall: be de linquent on August 5 of each year. For any inspection permit . issued after the fiscal year, the fee sha:11 .be-.prorated accord ingly . 4 . Waste water permit fee shall be due and payable an= nually on the first day of January of .each. year,',and `sh:all be de- linquent on January 31 of: each year. 5 . When collected., the above fees: shall be,.;.-paid to the general fund of the City of Huntington_ Beach, and .no.-fees shall be refundable . This resolution shall be effective upon :.thz effective date of Ordinance No. 1653 . PASSED AND ADOPTED by the City Council of. the:: City, of; - Huntington Beach at a regular meeting thereof held on .the 15th.- f day of November, 1971 . Mayor ATTES`i . 6:2_� � City 4 erk APFROVF,ID AS TO FORM: City Attorney f f 2 . Iles. No. JJn STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , PAUL C. JONES, the duly elected . qualified and acting 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 i day of November , 19 "jl by the following vote : AYES : Councilmen: Green , Matney, C. t�, Shipley , Rarf:lett , Gibbs , � ���. `., McCracken NOES: Councilmen: f None ABSENT: Councilmen: t None r City`Clerk and qgf4officio Clerk of the City Council of the City of Huntington Beach , California i s : CITY OF HUNTINGTON BEACH CA 75-16 COUNCIL - ADMINISTRATOR COMMUNICATION / n H UNTINGTON BEACH �{'/✓}�/ d To Honorable Mayor and From City Administrator City Council Members (Subject LETTER .RE : OFFSHORE OIL Date March 6 , 19 7 5 Al LEASING PROPOSALS Attached is a proposed letter to the President of the United States protesting the hasty manner in which the Department of the Interior Offshore Oil Leasing Program is proceeding and calling for the postponement of current leasing schedules . This letter is the result of a special meeting held February 6 , 1975 , between Federal , State and local officials . Representatives of the cities and Counties agreed to submit this letter to their policy making bodies for approval ,- with the intention of forming delegations to express concern in a meeting with the President at the earliest possible time. This letter is in accord .with the position the City Council took on the offshore oil drilling lease proposal : Respectfully submitted, David D. Rowlands City Administrator DDR:p Attachment 1' The President of the United States The White House Washington, D. C. 20500 Dear Mr. President: After considerable study of the federal proposal to lease in 1975 10 million acres of outer continental shelf for oil dilling off the coasts of the Atlantic and Pacific states and Alaska and in the absence of a national energy plan to "support thus,proposal, we ask that all.proposed lease sales for 1975 be postponed. It is clear now from the testimony prepared for the Department of Interior,s hearings here this week on the environmental Impact statement for the offshore oil plan for..S:outhern California that this proposal is premature and ill-advised.at this time.. The plan will not contribute to your. short-tern conservation goals and could seriously impair our long-range energy security goal_ s by exhausting the last known-remaining oil reserves on the continental United States. 'Because of the serious questions raised in studies by California state and local governments and independent government agencies about the federal offshore oil plan, we urge you to direct the Department.of Interior to postpone its planned lease sales. We base this request on the following principal points, although this brief list by no means exhausts the negative findings pro- duced by our studies: 1. Our .offshore oil reserves should be a key element in;a long-range national energy plan. Until such a plan has been devi3ed and agreed on by the Administration and the Congress offshore oil leasing in frontier areas should be post- poned. Because of the irreplaceable, finite nature of our oil and gas resources, we belie: .,they should remain in reserve until a national energy plan ha-;''•• �_n drafted and approved and 1 :vir. President - 2 until other questions about the wisdom of extensive oJshore oil drilling operations in frontier areas have been rosolved. 2.. Our technology is not now adequate to allcv-i for t::-_ extraction of oil and gas from the ocean in an environmentally acceptably manner. `•:.re must have far betterblowout a:evention, containment and cleanup tecnr_olop7 before We br':ba_:c or, a plan for large, scale exploitation of the outer continental shelf. 3. Under a mandate of the federal Coastal Zone -Manage- ment Act of 1972, the California. Coastal Commission is now developing a comprehensive, long-range coastal zone plan for the State of California. . This plan, of which offshore oil operations is a fundamental element, will not be completed and presented to the Legislature for adoption until 1976. The Coastal Zone Management Act was designed to preserve, protect and enhance the coastal environment of all of our coasts which are recognized as a.national resource, not just local real. estate. Tlie federal offshore oil plan should be I uspended until states have completed their coastal plans.. 4. The Outer Continental, Shelf Act of 1553 .which provides the legal fray.ework for exploiting offshore oil resources is badly out of C_at',--. It -nu it r•' vi5ud In light of econornic, environmental and social concerns. Specifically, it mu.st be updated to insure that the taxpayer is receiving from the oil company the full dollar value .of this precious resource. Legislation to 'do that is now under consideration by the 94th Congress. Wa believe such legislation s^oud provide: A. A new system for exploring offshore oil reserves to provide the federal government, the Congress and the public with complete, factual data on the location and extent of our oil reserves before leases are made. This fundamental change will provide the government and the public with full and complete knowledge of the value of our offshore oil resources. Thus the leases will be granted only at their true dollar value. r t I'vIr. President - 3 B. A system for review of proposed offshore leasing plans by state and local governments and the Congress which also provides a mechanism for these bodies to participate in the decision-making and planni,rf prUcCss::s. C. Utilization :and development of best available technology, to preve;it oil spills aad bioNvouts an" ne-.-r methods for containing oil spills to prevent pollution of beaches and coastline and creation of a special federal liability fund for paying damages in the event of a major oil spill disaster. D. Study of the need for and means of creating a national emergency oil reserve and the relationship of this reserve to existing offshore oil fields.. Mr. President, as elected representatives from.the largest state in the union and as citizens concerned about the future energy needs of our and all other states of the union, we urge you to give this matter your deepest consideration. Our citizens are prepared to accept and would, indeed, wel- come a strong conservation program to manage existing energy supplies. And we. support your goals of developing new, alternate sources of energy. But the federal government is moving danterously fast to develop the last, of our extraordinarily valuable oil reserves. Before expending these reserves, we believe other energy sources should be developed and our oil supplies protected for future national emergency. For these and other reasons we ask you again to postpone planned offshore oil leasing. Respectfully, Alan Cranston John V. Tunney Tom Bradley U.S. Senate U.S. Senate Mayor. of Los Angeles CITY OF HUNTINGTON REACH CA 74-48 COUNCIL - ADMINISTRATOR COMMUNICATION HUNTINGTON BEACH - - To Honorable Mayor and From City Administrator City Council Members Subject OFFSHORE LEASING Date Ju-Y.y 1 , 1.014 I received a call from At. Harold -Martin, Regional .Office in San Francisco, Bureau of Lard Management , Department of Interior, who said that..a stecial neetin.g _was to be held in Los Angeles on July 12th coneetni-ng: the -of-fshore lea-si_ program. Mr. Martin indl•cated that Undersecretary df the Interior, Jared Carter, expected to 'conduce thi.s meeting. in the_ Los Angeles City Ha31 at 1: 00 ;PPI. .ons Friday, July l2th, Mr.;. Martin indicated that-so many questions had been "raised on the subject of the possibility of the offshore leasing prcgrah. for oil drilling- that Secretary Martin decided that a meeting should be held on -the West Coast. If there is any change ..in this- schedule, Mr. Martin indicated that he would advise me accordingly. Respectfully submitted, David D. Rowlands City Administrator DDR:eh ,CI'rOF HUNTINGTON BEACH QUAfTERLY OIL PRODUCTION BUSINESS LICENSE. TAX REPORT T��NSE DEPARTMENT AP. 0. BOX 190 (536-5267) (Copies of State of California Division of Oil d Gas HUNTINGTON BEACH CALIF. 92648 Form 110 Report may be submitted in lieu of this re ort.) OPERATOR L�' �+-�.�2 ADDRESS PHONE NO. MONTHS COVERED BY REPORT (V dAj zze, f Q 7 0 - ,19 NOTE: Report actual production (NOT SALES). List all wells except those officially abandoned to State of California and City of Huntington Beach standards. If well is idle, so state in the appropriate column. "I declare under penalty of making a false declaration that I am authorized to make this statement, and that to the I.—st of my knowledge and belief it is a true, correct and complete statement made in good faith for the period stated, in compli..,,ce with the provisions of the Huntington Beach Ordinance Code."(�2 Signature Title 7TION, NAME AND WELL NO. PRODUCING JBBLS. CLEAN @ $ .04 *GROSS GAS TOTAL LESS HALA" . .�DUE ._WNSHIP OR OIL PER BBL. PRODUCED DOLLAR CIci::U l:T AND RANGE IDLE PRODUCED (MCF) AMOUNT ice__ Z45 u,Ua�E ��� � .�� E �S ✓ � (o c� z - REC IVED FED 21973 LICENSE DEPT. D TOTALS 0 *Gross gas is total well production less any gas used for gas lift in well itself. (Report must be filed during the first THIRTY (30) DAYS of each calendar quarter for the last preceeding calendar quarter. Failure to file is a misdemeanor - - Section 2309, Huntington Beach Ordinance Code. . . .:CITY OF- _HUNT.INGTON BEACH 1JAPTERLY OIL PRRODUCTION BUSINESS LICENSE TAX REPORT LiC1ME DEPARTMENT �'.. 0. _BOX- 190. (536-5267) (Copies of State of California Division of Oil d Gas HUNTINGTO14 BEACH CALIF. 92648 Form 110 Report maX be submitted in lieu of this re ort. OPERATOR ltJ t�fLi R- ADDRESS PHONE NO. MONTHS COVERED BY REPORT rJ J2_ ,19 7,z NOTE: Report actual production (NOT SALES). List all wells except those officially abandoned to State of California and City of Huntington Beach standards. If well is idle, so state in the appropriate column. "I declare under penalty of making a false declaration that I am authorized to make this statement, and that to the bast of my knowledge and belief it is a true, correct and complete state ent made in g000d faith for the period stated, in compli:j«ce with the provisions of the Huntington Beach Ordinance Code." •_ ( V . Signatu a Title S—TION, NAME AND WELL NO. PRODUCING BBLS. CLEAN @ $ .04 *GROSS GAS TOTAL LESS BALANCE DUE I- .ASHIPP OR OIL PER BBL. PRODUCED DOLLAR CREUIT AND RANGE IDLE PRODUCED �(MCF) AMOUNT CA TOTALS - *Gross gas is total well production less any gas used for gas lift in well itself. (Report must be filed during the first THIRTY (30) DAYS 9f each calendar quarter for the last preceeding calendar quarter. Failure to file is a misdemeanor - - Section 2309, Huntington Beach Ordinance Code. rIT�X..OF HUNTINGTON BEACH QUARTERLY OIL PRODUCTION BUSINESS LICENSE TAX REPORT MANSE DEPARTMENT ` P. 0. BOX 190 (536-5267) (Copies of State of California Division of Oil b Gas HUNTINGTON BEACH CALIF. 92648 Form 110 Report maX be submitted in lieu of this repo.rt. ) OPERATOR u.) ® 1 n DRESS PHONE NO. MONTHS COVERED BY REPORT IL y 19Z NOTE: Report actual production (NOT SALES). List all wells except those officially abandoned to State of California and City of Huntington Beach standards. If well is idle, so state in the appropriate column. "I declare under penalty of making a false declaration that I am authorized to make this statement, and that to the best of my knowledge and belief it is a true, correct and complete stat ment made i ood faith for the period stated, in compli:,Llce with the provisions of the Huntington Beach Ordinance Code." SigiiatiNre � Title TION, NAME AND WELL NO. PRODUCING BBLS. CLEAN @ $ .04 *GROSS GAS TOTAL LESS BALAr1CF DUE J, j"SHIP OR OIL PER BBL. PRODUCED DOLLAR CREDIT AND RANGE IDLE PRODUCED (MCF) AMOUNT �o N �. ►� 160 to K- zoo C, q 0 1.1.OCki AJ sl T 0 �. TOTALS r$--- *Gross gas is t0t41 well production less any gas used for gas lift in well itself. (Report must be filed during the first THIRTY (30) DAYS of each calendar quarter for the last preceeding calendar quarter. Failure to file is a misdemeanor - - Section 2309, Huntington Beach Ordinance Code. CITYQF HUNTINGTON BEACH QUAf:TERLY OIL PRODUCTION BUSINESS LICENSE TAX REPORT UfC'OSE DEPARTMENT .P. 0. BOX 190 (536-5267) (Copies of State of California Division of Oil b Gas HUNTI!2LON BEACH. CALIF. 9 648 Form 110 Re ort My be submitted in lieu of this report.) OPER k)n ^ v ADDRESS y p ?v �C i U PHONE NO.��U�/ MONTHS COVERED BY REPORT .1 J — ,19j NOTE: Report actual production (NOT SALES). List all wells except those officially abandoned to State of California and City. of Huntington Beach standards. If well is idle, so state in the appropriate column. III declare under penalty of making a false declaration that I am authorized to make this statement, and that to the best of my knowledge and belief it is a true, correct and complete statement made in good faith for the period stated, in compliance with the provisions of the Huntington Beach Ordinance Code." Signature Title 'TION, NAME AND WELL NO. PRODUCING BBLS. CLEAN @ $ .04 *GROSS GAS TOTAL LESS BALANCE DUE Is—dNSHTP OR OIL PER BBL. PRODUCED DOLLAR CREDIT AND RANGE IDLE PRODUCED (MCF) AMOUNT �u c l L) O _ W K � 3 � v 1 3Z0 o orgy► )N i ro S'L D FEB „ g 14 LICENSE. EFT..; OLC � TOTALS *Gross gas is total well production less any gas used for gas lift in well itself. (Report must be filed during the first THIRTY (30) DAYS of each calendar quarter for the last preceeding calendar quarter. Failure to file is a misdemeanor - - Section 2309, Huntington Beach Ordinance Code. CITY .OF HUNTINGTON BEACH QUAI:TERLY OIL PRODUCTION BUSINESS LICENSE TAX REPORT 4IC£NSE DEPARTMENT P. 0. BOX 190 (536-5267) (Copies of State of California Division of Oil d Gas HUNTINGTON BEACHS CALIF. 92648 Form 110 Report ma be submitted in lieu of this repo.rt.) OPERATOR b wRa ADDRESS \y��� UD II �Ia. Vs . y PHONE NO.SVy_. jjj Z_ MONTHS COVERED BY REPORT — T C_ ,19 3. NOTE: Report actual production (NOT SALES). List all wells except those officially abandoned to State of California and City. of Huntington Beach standards. If well is idle, so state in the appropriate column. "I declare under penalty of making a false declaration that I am authorized to make this statement, and that to the best of my knowledge and belief it is a true, correct and complete statement made in good faith for the period stated, in compliance with the provisions of the Huntington Beach Ordinance Code." rV\0 PkZN,:� Signature Title ' ''PION, NAME AND WELL NO. PRODUCING BBLS. CLEAN @ $ .04 *GROSS GAS TOTAL LESS BALANCE DUE 'i,,WNSHIP OR OIL PER BBL. PRODUCED DOLLAR CREDIT AND RANGE IDLE PRODUCED (MCF) AMOUNT F - i ql4 0 Io L{C NSE DEPT, TOTALS *Gross gas is total well production less any gas used for gas lift in well itself. (Report must be filed during the first THIRTY (30) DAYS of each calendar quarter for the last preceeding calendar quarter. Failure to file is a misdemeanor - - ection 2309, Huntington Beach Ordinance Code. Page #14 - Council Minutes - �/75 POLICE DEPARTMENT COMMENDED - BICYCLE SAFETY UNIT Councilwoman Wieder commended Police Chief Robitaille's Bicycle Safety Unit relative to the report submitted which reflected that no bicycle fatalities had recurred in ' lle past two years. FEUE AL' PROPOSALS FOR OFFSHORE OIL DEVELOPMENT - LITIGATION COSTS AUiffioRZZED Councilwoman Wieder informed Council .that the Council on Local Goverriffi@its Concerned with Federal Proposals for Offshore Oil Development had requested the p@fticipating cities to join in a lawsuit against the Department of Interior to requi- @ that the Southern California leasing program be deferred until preliminary steps have been taken to insure the safety and environmental security of such an endeavor. She stated that the city's prorata share of the legal expenses would be $500. A motion was made by Councilwoman Wieder that the City .of Huntington Beach join with the Council of Local Governments Concerned with Federal Proposals for Offshore Oil Development,, led by the City of Los Angeles, in enjoining the Department of. Interior from proceeding with the Outer Continental Shelf leasing program,and that $500 be expended from the Contingency Fund for the City's share of litigation costs. Councilman Matney stated that he .was opposed to the city's share of legal expenses _being derived from. the Contingency Fund. Following discussion, the motion was passed by the following roll call vote: AXES: Wieder, Bartlett, Coen, Shipley, Duke, Gibbs NOES: Matney ABSENT: None ORDINANCE NO 2007 - FIRST .READING - AMENDS CODE -TEMPORARY SUSPENSION OF _PERMIT F`oliowing discussion by Council., Mayor Gibbs stated that proposed Ordinance No. 2007, pertaining to temporary suspension of permit,' which at the August 18, 1975 Council meeting had been continued indefinitely, would at this time be reconsidered by Council. The Police Chief informed Council that they had been provided with his memorandum dated August 280, 1975 regarding the matter. . M. Roland Clark, operator of Town and Country Spa, City, addressed Council and stated that if the matter were to be reconsidered by Council he would like an op- portunity to present his views. Discussion was held between Mr. Clark and Council. The Police Chief. reported on the intent of the proposed ordinance. Discussion was held between the Council and City Attorney regarding the provisions of the code and it was determined to include the. right of appeal to Council in the proposed ordinance. The City Attorney read the following wording for inclusion within the ordinance, "The action of the City Administrator in. temporarily suspending a permit ,und"er this . section is appealable by the permittee to the City Council. Such appeal must be taken in writing within ten (10) days after notice is given by the City Administrator to the permittee of such suspension. The City Council may sustain, overrule or modify the administrator's order of suspension." �- �� ' CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Vice Mayor Harriett Wieder From City Attorney Subject Outer Continental Shelf Oil Date 2 September 1975 Drilling Received telephone call from Larry Nagin of the Los Angeles City Attorney' s office, concerning Huntington Beach' s participation in the proposed litigation, and whether Huntington Beach is going to make a contribution of $500 as requested by t e City Attorney of Los Angeles . This office prepared 6d transmi ted to the council a report of the last OCS meeting held in Los An&eles, and suggested that if the council is going to par icipate in this matter, it should appropriate $500 . Mr. Nagin says that the committee is going to make a decision by the end of this week whether to file the litigation, Therefore, it must know no later than Friday of this week whether the city is going to participate and contribute the $500 or not . He emphasized they cannot wait until our next council meetin of September , �1975�, �_D_T_05—m�Ts-ed� .Larry hat we wou check with you and that r. msbm back on or before Friday of this week to let- him know what Huntington Beach intends to do . -DON P. BONFA City 'Attorney DPB:ahb cc : City Administrator P� Deputy City Attorney Amsbary D EPE # VED S SEP 2 1975 C I.1 J PU oo l r CoFf OFFICE OF ^t .CITY ATTORNEY y S P. O. BOX 190 ,i HUNT14GTON BEACH Tt CALIFORNIA 92648 • � �' DON P. BONFA TELEPHONE • CITY ATTORNEY. (714)6364 July 25, 1975 TO: Hon. Mayor and. Members of the City Council FROM: . Don P. Bonfa, City_ Attorney Re: Outer Continental Shelf Status Report Two meetings ,were held in Los Angeles on July 24, 1975 ., . regardingthe Outer Continental -Shelf situation. Mr. Amsbary of this .office attended. both meetings . The attorneys ' . meeting convened at approximately 1: 45 p .m. After considerable discussion it_ was unanimously determined that.'-nothing short of an njunction,would further delay the Southern'. California leasing program which is scheduled for October The consensus was. that 'while :it .' as desirable that 7 Federal legislation be passed which would control leasing, sub vent revenues to local governments '.and', perhaps , bank the -oil after exploration until some actual emergency— that there would be no- s"uchAegislation ' available in time to delay the present program: It. was recognized .that to attempt to- ban all drilling . absolutely was not possible or. 'even a responsible approach., but. .that drilling how would be premature'. The attorneys-' 'meeting then. ddjourhed to the Mayor' s meeting at about 3: 15 p.m. The mayors. group by motion.- approved a-suggestion by Mayor Bradley_ that . the. membership go .back to. their own.governing . bodies and attempt..to _obtain approval to join either in a suit . : to' be brought by the State- -of California ( he Attorney. :General'S office ;and the Governor)._ or<'to- bring a suit . on behalf of the individual governments and to share the. expense. pro rata. Even Los Angeles is. -not ,.certa n the. Council will approve.' this action nor is Sania Barbara... Only Newport Beach is .10O ,percent no oil now. m6st. fe'el that a majority of the cities will favor. the suit, however:, TYie.-Huntington Beach .share of. the litigation expense. would be about five hundred dollars ($500) . -We' would not be expected. :to do any cork on the project or make any other material contri- bution. TO: Hon. Mayor and Members of the City Council RE: Outer Continental Shelf Status Report Page 2 It is my recommendation that the City Council entertain a motion on Monday night, July 28, 1975, authorizing the City Attorney to represent .the city as a party plaintiff in a suit to be brought in conjunction with other state and local governmental agencies within California to enjoin the Department of the Interior from roceeding with the Outer Continental Shelf leasing program--Southern California program • in October, .1975, and authorizing a monetary participation of five hundred dollars ($500) toward the cost of such suit; but that in the event substantially all- of the local governments, including the City of Los Angeles, do not participate, then the City of Huntington Beach should not proceed. If a motion similar to the foregoing is not passed, then I feel we should not participate further in the discussions on the Outer Continental Shelf Program. D014_ P. BONFA City Attorney DPB:WSA:er c. c. City Administrator CITY OF NEWPORT BEAC 2- u' CALIFORNIA vt�o �Z�60R��P city Hall 3300 Newport Blvd. (714) 673-2110 July 14, 1975 - The Honorable Alan M. Cranston The Honorable John V. Tunney United States Senators Senate Office Building Washington, D.C. 20510 The Honorable Clair W. Burgener The Honorable Andrew-J. Hinshaw United States Representatives - House of Representatives Washington, D.C. 20515 Gentlemen On behalf of the Newport Beach City Council I wish to seek your support for pending Federal legislation in connection with proposed -amendments to the Outer Continental Shelf Lands Act of 1953, .which would provide as follows: 1. Adoption of a National Energy Policy to protect and preserve the nation' s natural resources and insure orderly and timely development thereof.. 2. Effective State participation in the development of any OCS leasing program and conformity of any such development programs with approved State coastal plans. 3. Amendment of federal oil leasing statutes to provide 'for greater production safeguards, strict liability for damages, improved cleanup requirements and creation of 'funds to pay for damages. 4. Applicability of current State laws to the Outer Continental Shelf as opposed to such laws in effect in 1953. 5. Payment of a portion of federal OCS revenues to adjacent coastal States to compensate for the net adverse effects upon such coastal States. a United `States Senators Alan:`M; Cranston John V. Tunney United States Representatives Clair W. Burgener Andrew J. Hinshaw Page Two July 14, 1975 California should not be deprived of the protection and. benefits of this pending Federal OCS legislation by the sale of Southern California leases prior to such legislation's becoming effective. Your assistance and efforts in support of this most important legislation will be appreciated. Very truly yours, . McINNIS Mayor DMcI/bc cc: The. Honorable Evelle J. Younger Southern California Council of Local Governments ti *RNEST F. HOLLINGS - COM MITTEESt SOUTH CAROLINA APPROPRIATIONS - SUBCOMMITTEES: OFFICES: LEGISLATIVE:CHAIRMAN SENATE OFFICE BOIL 49 LABOR,HEALTH,EDUCATION,AND WELFARE 202-ZZ'J-6121 MILITARY CONSTRUCTION STATE,JUSTICE,COMMERCE,AND FEDERAL BUILDING,COLUMBIA.S.C. WASHINGTON,D.C. 20510 THE JUDICIARY 803-765-5731 AGRICULTURE FEDERAL Bu1LDiNa,SPARTANBURG,S.C. COMMERCE 803-585-8271 SuBCOMMITTEEBs OCEANS AND ATMOSPHERE:CHAIRMAN AVIATION 141 EAST BAY,CHARLESTON,S.C. I�� 803-723-5211 MERCHANT MARINE SURFACE TRANSPORTATION August 23, 197 COMMUNICATIONS y.r POST OFFICE AND CIVIL SERVICE `�E I VE D SUBCOMMITTEES:POSTAL L OPERATIONS:CHAIRMAN COMPENSATION AND UNEMPLOYMENT C I?Y O NE BEFITs IJUNTINGTCIV BEACH,ClLIF.': Ms. Alicia M. Wentworth City Clerk '974 AUG 26 3 City of Huntington Beach P. 0. Box 190 Huntington Beach, CA 92648 Dear Ms. Wentworth: Thank you for your letter of August 7 urging Ocean Policy Study field hearings on the issue of oil and gas development off the California coast. At the present time, California hearings are only in the discussion stages. However, the amount of interest that has been displayed through letters and phone calls in recent weeks over the California situation certainly seems to point to the need for hearings. As I am sure you can understand, the last minute rush to move legislation is keeping us from scheduling activities that tkae us too far away from Washington. This could mitigate against field hearings on the West Coast at this time. However, I assure you that we are very interested in California's present problems with the Department of the Interior, and I personally feel that field hearings would be very useful in clarifying the issues and improving understanding of state and local needs with regard to future OCS development. As soon as we can come to some agreement as to whether hearings are possible this fall and when they should be held, I will let you know. As it now stands, late September or early October looks like the best bet for a hearing date. i ce el , RNEST F. HOLLINGS, Ch 'rman Nationa Ocean Policy Study EFH:jm r 'acnifeb ,Motes Zenafe 40 COMMITTEE ON COMMERCE WASHINGTON,D.C. 20510 I OFFICIAL BUSINESS U.S.S. Ms. Alicia M. Wentworth City Clerk City of Huntington Beach P. 0. Box 190 Huntington Beach, ,CA 92648 STATEMENT OF THE ACTION OF CITY COUNCIL Coum, I I Chaml)er,, C i t y Ila I I. llunlin.vton Beach, California Monday, AugU51-5,1974 ___ Mayor Coen called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M.- Councilmen Present: ---$a�.�lett._� bbS,_ tnev. Wiederr, Councilmen Absent.: Shipley, Duke _ ****�F**`:********F**'c********'c****•kF':******c k*****�'c'****�c****�c1r**;:ic'c:cx k***�c*******�c PROPOSED RESOLUTION - CITY OF NEWPORT BEACH - OIL WELL DRILLING Mayor Coen read a communication from Mayor Donald A. McInnis of the City of Newport Beach transmitting a sample copy of a resolution opposing the proposal of the United States Department of Interior to drill new oil wells off the Coast of Southern California, which he intends to present for adoption by the Orange County Division of the League of California Cities at their August 8, 1974 meeting. Discussion was held by Council. A motion was made by Councilwoman Wieder, that in addition to Resolution No. 3933 adopted earlier in the meeting which urges the Honorable Ernest F. Hollings of the United States Senate to hold hearings in Southern California for the National Ocean Policy Study, that the City Council endorse the resolution proposed by the City of Newport Beach. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Coen NOES: None ABSENT: Shipley, Duke Mayor Coen requested that a copy of this action, together with a copy of Resolution No. 3933 be transmitted to Mayor Donald A. McInnis of the City of Newport Beach. **************************�Y**********�k*�1r*4e�r*Yc�'c�c***�F*�'�nkyY*:Y***7k*�k****�r;'c*fie*fie*****h**�ekyY7c•k On motion: by Bartlett the regular meeting of the City Council of the City of Huntington Beach adjourned at 12:20 A.M. to Monday, Aug. 19, 1974 at 5:30 P.M. in the Council Chamber The motion was passed by the following vote: AYES: Councilmen: Bartlett_ , Gibbs, Matney, Wieder, Coen _ NOES: Councilmen: None M ABSENT: Councilmen: Shipley, Duke Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California. . Alicia M. Wentworth Alvin M. Coen City Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected and qualified City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held o� the 5th day of August 19 74 WITNESS my hand and seal of the said City of Huntington Beach this the 7th day , of A�1gtirar 19 74 A i -i a M. Wentworth— City Clerk and ex-officio Clerk of the City Council of the City ' of H Utington Beach California c BY Deputy r .. CITY OF NEWPORT BEACH u CALIFORNIA 92660 �41FoIL ` City Han 3300 Newport Blvd. (714) 673-2110 August 2, 1974 U i U D; Mayor Alvin M. Coen AUG 5 19714 City of Huntington Beach CITY OF HUNTINGTON BEACH Post Office Box 190 ADMINISTRATIVE OFFICE Huntington Beach, California 92648 Dear Mayor Coen: On the August agenda of the Orange County Division of the League of California Cities there is an item concerning oil and gas exploration on the Outer Continental Shelf. The United States Department of Interior has asked oil companies to nominate areas seaward of Orange County on which they would like to see oil and gas exploration and development. The City of Newport Beach believes that this proposal carries many potential problems and should be subjected to regional public hearings and a thorough Environmental Impact Report before proceeding further. Attached you will find a sample copy of a resolution that I intend to present to the League on August 8. It would be appreciated if you could read this resolution and if you have suggestions, please call me prior to the League meeting. The procedures utilized to date by the United States Department of Interior should be opposed by all cities favoring home rule and self-determination. Very truly yours, Z""e.'e a.'_;�t<<� DONALD A. McINNIS Mayor SUGGESTED DRAFT 7/23/74 RESOLUTION OF THE ORANGE COUNTY DIVISION OF THE LEAGUE OF CALIFORNIA CITIES OPPOSING THE PROPOSAL OF THE UNITED STATES DEPARTMENT OF INTERIOR TO DRILL NEW OIL WELLS OFF THE COAST OF SOUTHERN CALIFORNIA WHEREAS, the United States Department- of Interior has announced a proposal to lease areas on the Continental Shelf in Southern California adjacent to State tidelands for oil and gas development; and WHEREAS, the State of California has banned oil drilling from most of the off-shore and beach areas adjacent to lands now designated by the Department of Interior for development in the Federal waters beyond the State's three mile tidelands boundary; and WHEREAS, the 1972 Coastal Zone Conservation Act provides for the preparation of long-range plans for the orderly development and preservation of the California coastline, and any move by the•Department. of Interior to increase oil development along the coast before the State long-range plan's are finalized could seriously compromise State planning efforts; and WHEREAS, the Federal Administration's stated position that States and local communities should be primarily responsible for land use planning is inconsistent with the Department of Interior's proposal to proceed with- out a long-range coastal zone plan and a coordinated planning effort.; and WHEREAS, the United States Department of Interior has an obligation to discuss any proposal to drill oil wells with local citizens , as well as State and local officials, before announcing official plans to seek bids for selected tracts; and WHEREAS, oil drilling off the coast of Southern California could have a devastating effect on the coastal environment, especially .the beaches and harbors,as the Santa Barbara oil blowout demonstrated five years ago; and - 2 - WHEREAS, oil is a finite, irreplaceable resource, and as such this diminishing resource should be reserved to the maximum degree possible for future use pending development of alternate sources of energy which c will relieve pressure on scarce oil supplies; and WHEREAS, many serious questions remain unanswered and must be addressed before development plans are made. NOW, THEREFORE, BE IT RESOLVED by the Orange County Division of the League of California Cities, that the announced plans to provide new oil drilling in the Continental Shelf off the Coast of Southern California be strongly opposed at this time and that the United States Department of Interior be urged to hold regional public hearings throughout the State to determine the public attitude with respect to the proposed drilling, and to permit the Federal Administration to address the numerous questions inherent in the oil drilling proposal . BE IT FURTHER RESOLVED, as follows: 1 . Off-shore' oil and gas development in Southern California should not proceed until a comprehensive regional energy policy has been promulgated. . 2. The Interior Department should submit its proposed oil de- velopment program to the California Coastal Zone Conservation Commission and other appropriate State and Regional agencies for their review and approval before any new leases are issued. 3. Federal oil development activities adjacent to State Marine Sanctuaries should be prohibited, unless an adequately large buffer zone is set aside to prevent drainage of State oil and gas reserves. 4. The State of California should undertake an in-depth analysis and review'of the role of the private and public sectors in the development of State and Regional off-shore natural resources. 5. Before new off-shore oil and gas development is permitted a comprehensive analysis should be conducted to determine the need for off-shore California oil production in light of the anticipated inflow to - 3 - t California of oil and other forms of energy from all other sources, in- cluding the Alaskan North Slope oil and gas production. ADOPTED 'THIS day of 1974. i PRESIDENT ATTEST: h' City of Huntington Beach P.O. Box 190 . CALIFORNIA 0ffi0 ell OFFICE OF THE MAYOR / July 12 , 1974 p ti The Honorable Jared G. Carter Deputy Under Secretary of the Interior United States Department of the Interior Washington,. D.C. Dear Mr. Carter: On behalf of the City Council of- the City of -Huntington . Beach, I am expressing the views of the Council members regarding any proposed off-shore drilling sites along the Orange Coast. Such drilling operations could have an adverse affect on property values along Huntington Beach' s nine. miles of ocean frontage and the present drilling platforms located about ll� miles -off the Huntington Beach coastline are certainly not esthetically attractive. If a decision is made -by the Federal government to permit drill sites . a minimum distance of 3. 75 miles from shore, the majority of these installations should be constructed entirely underwater. - It has been -brought to our attention that this type. of construction is now technologically possible. However, if for some reason a few of the drilling sites must be situated above water, these should be. camoufloged. in an .attractive manner . so that . they appear to be small islands. This technique has been successfully employed in the Long Beach--area. Since oil spills have also brought a devastating effect on--portions of the. Orange Coast in past years, it would also be absolutely essential that every known precaution should be : exercised :so that the. veritable "foolproof" system is installed to prevent any spillage from occurring. The members of the Huntington Beach City Council are also deeply disturbed that the United States Department of Interior has :evidentally proceeded -with preliminary plans to undertake such an offshore drilling program without proper consultation with local officials of cities that will be directly affected by this activity. It is my request to you, . therefore, that the Department of the Interior maintain an ongoing . liaison with officials of the Orange Coast .cities during the coming -months so that .we may be kept completely informed as to the proposed action which is being contemplated. '=s Very truly yours ,. - 1112 \ Alvin M. Coen Mayor AMC:eh Calif ornia Gas Producers Association 626 WILSHIRE BOULEVARD • LOS ANGELES. CALIFORNIA 90017 (213) 626-4821 HENRY F. LIPPITT. 2No EXECUTIVE SECRETARY July 12 , 1974 Mr . Jared G. Car ter Deputy Undersecretary Department of the Interior Oil and Gas Leasing On Washington, D. C. 20240 California Offshore Lands Dear Mr . Undersecretary: This is written on behalf of the California gas producers to point out the problems which will inevitably arise from any policy of seeking a delay in offshore oil and gas leasing along the south- ern California coast. Among other reasons there are two important factors requiring the prompt drilling and development of the oil , and especially the natural gas resources along the California coast. These are the availability of supplies of natural gas which would come from Cali- fornia offshore sources, and the cost of those supplies . At the present time , southern California generally, and Los Angeles particularly, are in the midst of an energy shortage brought on principally by a reduction in the available supplies of natural. gas to this area. While supplies of natural gas from the two out- of-state natural gas pipelines serving this area have held up rela- tively well , with no curtailments of supplies over Transwestern' s line in 1973, and less than 5% curtailment of supplies over the El Paso line in 1973, this has not been the situation with natural gas supplies from indigenous local southern California sources. Within the last few years , because of the environmental difficulties of drilling in southern California , supplies of natural gas from Cali- fornia onshore sources have dropped over 70%, and supplies of gas from Federal offshore sources, principally in the Santa Barbara Channel area , have dropped 50%. It is these major drops in supp- lies for which new local supply of California produced natural gas is required. The result of a policy of not securing oil and gas production from California offshore sources, would be that electric customers in southern California , and especially Los Angeles , would have to pay sharp increases in their electric bills. Instead of burning available supplies of natural gas, at a cost of about 50� per thousand cu. ft. , the Department of Water and Power has had to pur- chase supplies of low sulphur residual fuel oil from foreign sources at a cost of up to $25 per bbl . , or over $4 per thousand cu. ft. July 12 , 1974 Page -2- equivalent--eight times the previous cost. Based on the Depart- ment' s annual requirements of about 20 million bbls. of low sulphur residual fuel oil , or about 120 billion cu. ft. of natural gas , this has meant an added burden on the electricity users of the City of Los Angeles of up to $350 million a year ( taking into account an 80/ "normal" natural gas fuel supply, and a $3.50 per thousand cu. ft. difference in fuel costs) . Even if lower present low sulphur residual fuel costs are considered, along with a present availability of natural gas supplies to meet about 20/ of the Department' s require- ments , the annual additional cost to the electricity users in Los Angeles of the lack of available supplies of natural gas from Cali- fornia sources is in the hundreds of millions of dollars. If natural gas supplies were to be "husbanded" for higher prio- rity residential and commercial use , the additional burden of any policy of deferment would be substantial . If instead of purchasing 250 million cu . ft. per day of natural gas from new offshore Santa Barbara sources , at a cost of about 55�-60� per thousand cu. ft. , it is instead necessary to substitute a supply of liquefied natural gas from Indonesia or Alaska , at a cost of $1 .65 or more , the diff- erence in cost is over $1 per thousand cu. ft. , or $250 ,000 a day , or nearly $100 million a year--an additional cost to be borne , in this instance principally by the 3-1/2 million natural gas customers in Los Angeles . If natural gas and oil were produced from one drillsite alone in the Pacific Palisades , the available supply of up to 30 million cu. ft. per day of natural gas, and up to 15, 000 bbls. per day of relatively low sulphur crude oil would provide savings of up to $10 million a year to the areas' natural gas consumers , and considerable savings to the refiners and processors of crude oil--to say nothing of the additional Los Angeles School District taxes (over $5 million) that would be produced. Only if the people of southern California generally , and Los Angeles particularly, are willing to pay these tremendous sums of additional money annually can any policy of deferring development of southern California' s own oil and gas resources be considered. Faced with the necessity of paying these substantial increases in their gas and electric bills , most thinking people in the Los Angeles area would instead opt for the development of their own natural resources at a much lower cost. Accordingly, the California gas producers strongly support the Department of the Interior ' s plans for prompt oil and gas leas- ing in Federal waters along the southern California coast, in the interest of providing an adequate supply of natural gas for. the millions of consumers of natural gas in southern California . Very truly yours, Henry F. Lippitt, 2nd. Executive Secretary HFL/c th • CITY OF HUf1TInGTon BEACH P.O. BOX 190, CALIFORNIA 92648 �:- PLANNING DEPT. (714) 536-5271 �3 TO: Honorable Mayor and City Council FROM: Planning Department DATE: October 30 , 1974 ATTENTION: David D. Rowlands, Administrator SUBJECT: Resolution on Offshore Drilling Attached herewith is a resolution which has been prepared at the request of the chairman of the 'Planning Commission, pursuant to a Planning Commission discussion held at the regular meeting on October 22 , 1974. The Planning Commission at the October 22 meeting discussed taking a firm position on offshore drilling for oil after they had sufficient information to evaluate the possible adverse environmental effects which may be caused from such operations. However, as the Department of Interior has scheduled public hearings to begin in Los Angeles starting the week of November 18 , the chairman of the Commission felt that, in order to have a resolution prepared for your review and adoption, it would be necessary to have it before you on November 4 to allow the resolution to be read into the record at the public hearing to be held November 18. This procedure is being followed because of the urgent need for a position statement to be communicated to the Department of Interior regarding potential adverse effects offshore operations could have upon the recreational beach of Huntington Beach, one of its major resources. The Planning Commission will have before it a similar resolution for consideration at its November_ 5 , 1974 , meeting. W James W. Palin, Administrator Department of Environmental Resources JWP:df Attachment Fi•'cAEBT F.HOLLINGS By : COMMTRYS. 60411,1 CAROUNA IATIONS . MtTTtL11 O►tIC[�� �y - - --• - �AInVi.CNAUIMAM ' SICHAT=O//IC[BUILDIPM - l�C�Ltfeb sixties, ��.Rf e!� an a ---• - .HULTN.4bUCATION.AM W6VMt 101-116.6,11. LTTAIM CbNW"IV�J�C��T.N.�N�w 8TAT14 JUSTWE.COUNI&ACK.ANIO F DURAL DAUU MI.COLUMtu,S.C. WASHINGTON.D.C. 10516 TICK JUDWJART w3-76841731 Aw cuuto n FmOIAL BUILOOM.SPARTA,MUM.S.C. - COMMRRCK 600.6115-4101 Mlnas, 141 FAST BAY.CNARWTW4 S.C. OCrAIM Alm ATMosRWRa,CNIYIWAN 60s_7i1.1t11 AVIATHIN FAZRC AW MARINS . SURRA"TRANSrOWATNIN `°"August 23, 1974 "'""""°"' POST 01IFIC6 AND CIVIL SMVIC6 1 r SUMMMMMICKS. C F I V E 0 PbfiAL OPfRATROM.CNAMNIAN COMPOSSMUN AND LINn.n bYMmr IIUN TIN G T,'N ,;:.5M1.CALIF. Ms. Alicia M. Wentworth City Clerk : 0 1 City of Huntington Beach P. 0. Box 190 Huntington Beach, CA 92648 Dear Ms. Wentworth: Thank you for your letter of August 7 urging Ocean Policy Study field hearings on the issue of oil and gas development off the California coast. At the present time, California hearings are only in the discussion stages. However, the amount of interest that has been displayed through letters and phone calls in recent weeks over the California situation certainly seems to point to the need for hearings. As I am sure you can understand, the last minute rush to move legislation is keeping us from scheduling activities that tkae us too far away from Washington. This could mitigate against field hearings on the West Coast at this time. However, I assure you that we are very interested in California's present problems with the Department of the Interior, and I personally feel that field hearings would be very useful in clarifying the issues and improving understanding of state and local needs with regard to future OCS development. As soon as we can come to some agreement as to whether hearings are possible this fall and when they should be held, I will let you know. As it now stands, late September or early October looks like the best bet for a hearing date. I e 1 ,ST F. HOLLINGS, Ch rman Nations Ocean Policy Study EFH:jm i .. f City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 DEPARTMENT OF BUILDING & COMMUNITY DEVELOPMENT APPROVED BY CITY COUNCIL To: Honorable Mayor and City Council _ j 0 Z3�l1.9� From: Oil Committee y n /f J'0 Date: October 20, 1975 CITY CLE K Subject: Landscaping of Oil Operation Sites HISTORY AND FACTS For approximately two years staff has been systematically reviewing the entire Oil Code for the purpose of updating certain provisions , eliminating conflicts, clarifying some provisions and- el-iminating provisions that have proven to be unnecessary. This was completed by the end -of 1974 leaving only two primary matters to be resolved through the Oil Committee. One related to -idle wells and the other, landscaping. Beginning on February 10, 1975, the Oil Committee met on a weekly basis to review and make recommendations on the proposed amendments prepared- by staff. When the landscaping issue came up -the Oil Committee appointed a special subcommittee to review conditions as they now exist in the field, to identify significant problems and to formulate recommendations to the Oil Committee. It was about this time that the Council was holding its hearings on the proposed 1975-1976 budget. During the hearing on the Department of Building & Community Development, staff--was asked if the department could get by with the deletion of one of the two positions in the Oil Field Section. Staff responded that it probably could if the program for landscaping oil operations were postponed and not commenced during the 75-76 fiscal- year. After that response Council acted to delete the position of• Oil Field Inspector. Staff assumed that the Council had agreed to postpone the landscaping program. A few weeks ago the question- arose in a City Council work session and the Oil Committee was directed to submit a report to Council at its meeting of October ,-20, 1975. ,S. ay . 090 The present Oil Code contains' two provisions which take effect on December 1, 1975. Section 2344 requires , -that every oil operation site shall be provided with a minimum 6 ' high decorative masonry wall entirely around said oil operation site. Section 2345 requires that all front and exterior side yard setback areas created by the placement of the wall required by Section 2-344 shall be landscaped and permanently maintained. Honorable Mayor and City Council Page 2 October 20, 1975 DISCUSSION In reviewing the field conditions and the proposed methods of imposing these requirements the Oil Committee has arrived at several conclusions-. The Committee, including the Planning Commission representatives, is unanimous in a recommendation that any enclosed walls or fences should not,be required to be of- masonry. The Committee feels that any such enclosure should offer ample opportunity for viewing the interior of- the oil operation site for safety reasons, that masonry is too susceptible to vandalism and graffiti\ and that such enclosures have too often been utilized for the disposal of- miscellaneous trash. The Committee identified some major categories of oil operation sites which in the opinion of -the Committee prevent the uniform application of a single enforcement standard to all of the various different types of existing oil operations. Basically these categories are represented by the individual well on a 25 ' or 50 ' lot in the Townlot or Old Town areas; the smaller leases which group as many as a half dozen wells; the type of oil operation represented by the Civic Center itself; certain other large open spaces such as the property of the Laguna Water District south of Atlanta between Bushard and Magnolia and the- oil fields represented by the Burmah lease along Pacific Coast Highway and the Standard Oil properties along Garfield and Edwards; and, the State owned property along the beach. The Committee- found that the general city-wide conditions as a result of oil operations have very substantially improved since the drafting of the original oil code. There has been extensive clean up as well as the elimination of many facilities -through the application of the Oil Code, the abandonment process and because of the very active growth of- the city and development of many properties to other uses. The Committee found that, with few notable exceptions, the conditions .of oil operation sites in the city are really quite good. In addition to the general categories -of oil operations the Committee found that there are a number of specific problems which would make the application of the uniform landscape standard impractical. These consist of situations where existing installations are either on or beyond existing property lines offering no space for landscaping. Others exist at street- intersections where land- scaping would constitute a sight angle problem for vehicular i Honorable Mayor and City Council Page 3 October 20 , 1975 traffic.- Still others could result in the obstruction of the view of the ocean- or the Boisa Chica. Some are on land under the control of the State Department of Parks and Recreation. A number could very likely come under the jurisdiction and review of the Coastal Commission. In its review the Committee explored the feasibility of development- standard landscape plans and discussed with the Trees and Landscape Division of the Department .of Public Works problems that could be encountered in such a program. Attached is a copy of the report prepared by that Division. Your attention is directed -to the fourth and fifth paragraphs of the Forward. These point out the practical difficulties of originally landscaping and thereafter maintaining landscape materials in areas involving oil operations and in close proximity to the ocean. In the annual inspection..of .oil operations this . fiscal year the Chief Oil Field, Inspector has been emphasizing the safety and clean up aspects of the Oil Code. In its tour, the Oil Committee noted substantial improvements in -the conditions of many oil operation sites. RECOMMENDATIONS As a result of the above the Oil Committee submits the following recommendations: ;?q. blo 1. That the Council adopt an ordinance postponing the effective date of the landscape provisions of Article -2-3.4 to December 1, 1976. This would be consistent -with the spirit of the time extension provisions- of Section 23-4-8. 2. That the Oil Field Division and the City Attorney' s office intensify their efforts along the lines' of safety and the cleaning up, painting and visual appearance of oil operation sites . 3. That the Oil Committee continue its review of the landscaping problem and. formulate -more specific recommendations in context with its review of the entire oil code as soon as possible. 4. That the oil operators be given this year' s period to demonstrate what can be doze along the lines of-=improved maintenance. Honorable Mayor and City Council Page 4 October 20, 1975 5. That the City Council during its hearings on the budget for 1976-77 review this program in the context of all of the programs to be carried out by the City and establish the priority for this activity and the attendant expenditures of man hours and personnel needs . The above recommendations were adopted unanimously by the Oil Committee and Planning Commission representatives listed below. OIL COMMITTEE C. E. Woods, Chairman T. W. Bartlett Charles Cather Alec Henderson Ed Scott Michael H. Miller James Georges Chief Gerspach Jim Palin Bob Davis John Behrens PLANNING COMMISSION Roger Slates, Chairman Ruth Finley l FORWARD The Oil. Facility Landscaping and Screening Guide was prepared by the Department of Public Works Landscape Office upon request of the Building Department, City of Huntington Beach. `. The intent of this quide is to assist in- clarification of the requirements set forth in the City Of Huntington Beach Ordinance Code, Article 234, Section 23.4'3; The typical drawings included in this quide are as inclusive of all areas possible, and may be used in combination to fit varying areas while still maintaining a .reasonable contiriuity `of the whole oil facility project. Although plant.material provides additional and pleasing elements to the screening of the oil operation, we must emphasize our concerns relative to extreme conditions as they relate to plant growth. Soil conditions in and around these facilities are extremely bad and in most cases impossible to use as planting soil. Reclamation of these soils may be possible in some cases although export of native .soil and .import of planting soil will probably be the norm if we expect any real growth or beauty from the plant material. The other concern.we have is the maintenance program which will be the additional key .to a successful program. Other than soil, various conditions detrimental to plants, such as constant winds with airborne salts from the ocean will necessitate a more than normal fertilization program with good irrigation management. The pruning of trees .and shrubs when necessary will have to be accomplished by knowledgeable persons if we are to expect healthy and aesthetically pleasing. landscape areas. We have included a list of .recommended plant material which we have found to be the most. successful in this area and stands the best chance of.enduring in the above stated conditions. OIL FACILITY LANDSCAPING & SCREENING GUIDE PLANT LIST TREES: Eucalyptus camaldulensis (red river gum) Eucalyptus sideroxylon (red iron bark) Metrosideros tomento.sa (new zealand christmas tree) Myoporum laetum (myoporum tree) SHRUBS• Nerium oleander (oleander) Escallonia fradesi (pink princess) Metrosiderog tomentosa (new.zealand Christmas tree, bush form) . Myoporum laetum (myoporum, bush form) Photinia fraseri (red leaf photinia) Pittosporum tobira (mock orange) Raphiolepis indica springtime (pink indian hawthorn) Carissa grandiflora (natal plum) Hemerocallis hybrids (day lily) Agapanthus africanus (lily of the nile) . Moraea irioidies (fort-night lily) Liriope gigantea (turf lily) GROUNDCOVERS: Mesembryanthemum (iceplant) Os.teospermum fruticosum (trailing african daisy) Gazania splendens (gazania, bush or trailing) Hedera helix hahnii (hahns ivy, or needle point ivy) Note: This plant list is. not all inclusive; plants may vary due to location and exposure of sites within the City of Huntington Beach. This list is intended as a general guide to assist with the overall planting theme. t ,.h F. 9 .14 ?� !ham �,�,�a b1►4,r��� � i � " �•�s:;� �t•��•41 Y 1 ���y� 11'e`'+r������k�}��_�r�ss,! ,�:'r. , � IIII��I �} ;s, ��j '�'/• �`' •*• d •`i.�l�' 'ud �1�;'rtJ f '�'n�. .;�:7!`• •, ._. .--x____—`�._._ I' .—; f�,�,Si ,�:� �. T.•7 ad. 1�F�/.,,�� .-9"-,, . .rr�a•d+' L J+,,�'!St.�.'� .+:. G 1S�.+m .�.�a�..e «7,_.,._: " ,.; i h w^u-rb ,�1- 4a�, �-.rf �• i.er.�w(�7,� • .•�• . _..�'��3ut�v.:at1��",�'-"Qri��"�___'t.a►— wV `- .r,nr ® r. it '��N/ I�.'�`��i. ' _=il ����w,rs _`�5����1/i� �+ f,�V�(�j • `T" � :``\ .����1.1.�;'�•,y�5���IZi�rv�.� �"i�w �� ` �,�`/� ���' �i�\j��� ~f�. ALE y 16 NIGH T!1►.l K T-A. K R R. \ /ELL r �s•6.-.r�.,o rn� - •:,f .;�'. scar' �Nf S/D�s'Nl9CK -,..1. � _ v •-.. � ��� r -I/1�+C�Z .4[ �' .� .,ti6'. �� ' lo' CNA/NC/NK FE.KE dv 17L. STREET -ALLEY- WEtc S�rE s • Pqp A.C. DIME T4N1':` TANK. Win✓IP/ MAE 5tA73 CHA11dl.INK FE►JCE. �hTN R�W SLD,TS ••�• �:.• �S6E DroTC.IL�gLdw) --SMEE 7- 4 � l• BLOGK�%arLL �C�Llalnt L.11JIL.F'EgGE Vtl ITH �OCYfl "�l:•l�T S • DE:TA-'1 L - SHEETz � 6 -!%4LLEY -- S�fE 5it� PA'D FEA/CE u 6' C.L. CRATE o l AZ . �R.C- aQi vE w,nv ,e/w.suers -. •. _ . Q STREET SHEET 3 � 6 (-sac osr l,,C 644m`r a 2) V 6' Cy9/A/ u,ar �W`A LL 1� l(O' 16' atG ! - wo SLOTS y' 1 M • w Ld. ii: i-:i> 12fGJ SLUTS i� t ' 4:::{. ALLEY - SF4EET 4 a� (o 3. WALL ;u/irvAV SLOTS• 5E� �gryK,SNE � l(,'' l�41C-►p l6' µION �. ' lo'C.t GATE yin✓ ,P/w,5.'JT5 li 1. k�. Cll9i�/ elMe � w w,rV R/w uo fs + .a - ALLEY- 6NEE-T 5 oP 10 - � n �a������res�a�.�1L:��aiw...�..�ea�y�a�u_ �..i�v�_•��r� RESOLUTION NO. 4134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY_ OF HUNTINGTON BEACH EXPRESSING ITS SUPPORT OF ASSEMBLY BILL NO. 1952 WHEREAS, Assembly Bill No . 1952 (Assemblyman Hart) has been approved by both houses of the legislature and will shortly be on the Governor's desk for signature ; and WHEREAS, said bill contains provisions which will be very beneficial to the City of Huntington Beach as a coastal city in that it would require the State Lands Commission to conduct research and investigation into the seepage of oil, gas and other hydrocarbon products occurring offshore and which could contribute to pollution of beaches , tidelands and submerged lands ; and WHEREAS, said bill would revise. the prescribed formula for distribution of subvention revenues from oil and gas leases in the tidelands and submerged lands to include any city which is fronted by a state oil and gas lease and which operates a public , recreational beach on the oceanfront ; and WHEREAS, Assembly Bill No . 1952 has the support of the State Lands Commission; and WHEREAS, this revenue or formula would benefit . the citizens of Huntington Beach in its operation of public , recreational beaches on the oceanfront, NOW, . THEREFORE , BE IT RESOLVED that the City Council of the City of Huntington Beach strongly urges the Governor of the State of California to sign Assembly Bill No . 1952 into law. BE IT FURTHER RESOLVED that the City Clerk is instructed to transmit a copy of this resolution to Governor Brown, Assemblyman Hart and the State Lands Commission . DPB: cs 1 . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th i day of September, 1975 Mayor ATTEST: City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: ^4 City -Administrator . City Attorney 2. Re No. 4134 STATE, OF CALIFORNIA ) COUNTY OF ORANGE 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 15th day of September , . 1975 , by the following vote: AYES: Councilmen: Bartlett, Matney, Shipley, Duke, Gibbs NOES: Councilmen: None ABSENT: Councilmen: Wieder, Coen City Clerk and ex-'officio Clerk of the City Council of the City of Huntington Beach, California low RESOLUTION NO. 4078 '.A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING THE ACTION OF THE COUNCIL OF LOCAL GOVERNMENTS REGARDING THE FEDERAL PROPOSALS FOR OFFSHORE OIL DEVELOPMENT WHEREAS, the City of Huntington Beach is a member of the Council of Local Governments concerned with Federal Proposals for Offshore Oil Development;_ and A recently created committee of the House of. Representatives , the House Select Committee on the Outer Continental Shelf., does not contain a Representative from the State of California, NOW, THEREFORE, BE IT RESOLVED .b,y the City Council of the City of Huntington Beach that it supports the action taken by Tom Bradley , Mayor of the City of Los Angeles and Chairman of the Council of Local Governments , in sending the following telegram on behalf of the Council of Local Governments , Friday , May 2 , 1975 : "On behalf of 41 cities and counties comprising the Council of Local Governments concerned with Federal Proposals for Offshore Oil Development , I request that you strongly protest the omission of California Representatives on the newly established House Select Committee on the Outer Continental Shelf . "California faces imminent leasing of major areas off its coast previously untouched. We have already pinpointed the central issues concerned, and have de- . ve.loped substantial expertise on matters the Select Committee will be examining. Our citizens have a vital interest in the work of this Committee and much to contribute to its deliberations . Therefore, we urge appropriate representation in its membership . " PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 5th MT: ahb 1 . i 1 _ i t - i day of May, 1975. Mayor ATTEST: APPROVED AS TO FORM: i City Clerk City Atto ey APPROVED AS TO CONTENT : c. City Administrator 2 . Res. No. 4078 S'L' rg OF CALIFORNIA ) COUNTY OF ORANGE 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 5th day of May 19 75 by the following vote: AYES: Councilmen: Wieder, Bartlett,. Coen, Matney, Shipley, Duke, Gibbs NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California City of Huntington Beach �z .: P.O. BOX 190 CALIFORNIA 92646 ?' OFFICE. OF THE CITY CLERK May 7, 1975 The Honorable Tom Bradley City of Los Angeles 200 N. Spring Street Los Angeles, CA. 90012 Dear Mayor Bradley: The City Council of the City of Huntington Beach at its regular meeting held Monday, May 5, 1-975, adopted Resolution No. 4078 supporting the action of the Council of Local Governments regarding the federal proposals for offshore oil development. Transmitted herewit.r; is a certified copy of said Resolution for your informat:ior:. Sincerely ours, Alicia M. Wentwor.t.t: City Clerk AMW:scb Enclosure '' 4 3 it - - "• .{� 4� ' CITY OF 9ACH CITY COUNCIL COMM CJ 0N, • • w • y Tp City 'Council FROM HArIriett Wie,desr ',EWIBJEc7 'Off-Shore Oil Lease DATE Icy, 1 , 1975 Y > Attached please find a report on the Off-Shore Oil Lease Proposal from the City Attorney' s Office. I am continuing .to represent the City Council on ' this committee Hope this meets with,your approval.' 1 l :c M t r V St 4 Sri'' r`• f i x 3. 111 �. 4 } 4 ' April 17, 1975 TO: Mrs. Harriett Weider FROM: City Attorney SUBJECT: United States Department of the Interior . Proposed Off-Shore Oil and Gas Lease - Southern California Area A public hearing will be held beginning May 6, 1975, by the United States. Department of the Interior, Bureau of Land Management , for the purpose of receiving comments and suggestions on the draft environmental impact state- ment prepared relative to the proposed 1975 Outer Continen- tal Shelf (OCS) oil and gas lease auction off-shore southern California. The Department is soliciting ,comments from both the public and private sectors in order to evaluate more. fully the effect of any proposed leasing on the total environment. A ten-minute comment period will be allocated to the ,eity. of, . Huntington Beach for the purpose of making its oral pre- sentation. The invitation. solicits comments . o'n utilizing : , alternate energy sources , use of other oil and gas resources (Elk Hills., as an example ) , suggestions for reducing energy . usage as well as comments wholly directed to the environ- mental question. Written comments may also be made, and will . be considered equally with the oral ones. The Mayor Bradley-Attorney Pines sponsored 'ad hoc committee on this subject, The Council ,of Local Governments Concerned with Federal Proposal for Off-shore Oil Development, opposes these. hearings at this time because the consensus is that .the. Department of the Interior has made up its collective mind to proceed with the leasing program, that the hearings are. only , being held because they are legally mandated, that the . . time frame is too tight. between the announcement and the. . hearing date to present any meaningful data, and that hearings on the local site study should be delayed until the .federal government has .adopted a national program. The mood of the committee at the last meeting of this Council, which meeting was attended by William Amsbary of this office and Councilwoman Weider, was that the cities should consider a boycott of the hearings consisting of a protest to the summary or drumhead nature of the hearing schedule and thereafter forward written comments on the merits of the arguments .. A lawsuit .to .delay the hearings is also contemplated. Another meeting will be held on Tuesday, April 21, 1975, to pursue these alternatives further. TO: Mrs. Harriett, We 1.dc�r April 17, 1975 SUBJ: Proposed Oil and Gas Lease The City Planning Department; has reviewed the draft environ- mental report (local). and the report was referred to the Environmental Council for comment . The draft environmental report is a deep and serious document . Thousands of pages of report and comment thereon have been prepared. The implication for our City in all of this is tremendous since the area under discussion is that portion of the western continental shelf directly off-shore of the City, the area south of the Santa Barbara Channel to the Mexican border. In the past , the City has emphasized the necessity of the federal government proceeding in a cautious and deliberate ` manner prior to making any determination on. its leasing pro- gram both local and national , ' with due consideration for, all of the probable consequences and with all alternatives being first considered. This position now appears to be the tone . . and tenor of the federal government 's announcement, but on. " the other hand the he,arings •are proceeding in . an 'expedited manner. Respectfully submitted, DON P. BONFA City Attorney: BBC WILLIAM' S. AM A Y Depu" City Atone. y f DPB:WSA: cs 4 SUPPORT OF COUNCIL OF LOCAL GOVERNMENTS - DELAY OF OFFSHORE OIL LEASING The City Administrator addressed Council regarding a communication he had received from the office of the Mayor, City of Los Angeles, dated July 16, 1975, regarding Federal proposals for offshore oil development. He requested Council direction as to whether they desired to have a staff representative attend the meeting on July 24, 1975 at City Hall in Los Angeles. Councilwoman Wieder spoke regarding the importance of the City taking a position in support of a delay of the Southern California lease sale until the legislation introduced by Congressmen Miller and Martinez on_.this matter can be considered. She stated that the City Attorneys of the. cities within the Council of Local Governments haven been very active and that she hoped the City Attorney's office would again represent the City to state the position that the City is not opposed to offshore oil drilling but believes it should be delayed until this legislation can be considered. She also spoke regarding the possibility of litigation being taken against the Federal Government by the cities, State Attorney General and the Los Angeles City Attorney relative to the legality of offshore oil leasing. A motion was made by Councilwoman Wieder that the City express, as a member of the Council of Local Governments, its support of the Council in requesting a delay of the Southern California lease sale until pending Congressional legislation which encompasses an assessment of oil resources on the Southern California Outer Continental Shelf; a projection of on-shore impacts from various levels and locations of oil development and a projection of the effect of Coastal Plan Policies on projected on-shore impacts, is considered. Following discussion by Council, the motion was passed by the following vote: AYES: Wieder, Bartlett, Coen, Matney, Duke, Gibbs NOES: None ABSENT: Shipley Councilwoman Wieder requested an opinion from the City Attorney relative to the City joining other cities in litigation against the. Federal government. The City Attorney stated that he would be in a position to report on the subject following the forthcoming meeting of the Council on Local Governments. 1' 1. 1 ��IP • H � Yla, � �` t ir _ Fi' F: f/ 'ti�•D}D t s.rw- CITY HALL LOS ANGELES 90012 OFFICE OF THE MAYOR TOM BRADLEY 412-5.3311 MAYOP July 16 , 1975 TO: COUNCIL OF LOCAL GOVERNIAMNTS CONCERNED WITH FEDERAL PROPOSALS FOR OFFSHORE OIL DEVELOPMENT There will be a meeting of the Council of Local Governments Concerned with Federal Proposals for Offshore Oil Development on Thursday, July 24, L975 from 3: 00 .m. to S : 00 -) m, in the yor s Conference Room, Los ngeles_ City a 4 The next month will be critical to the outcome of our efforts . In recent months there has been little in ` the . ay of pclicy initiative that we could undertake . At this meeting we will discuss plans to gain inclusion of Southern_ California in all future leasing under major revision- of the' Outer Continental Shelf Lands Act of 19S3 , as well as imminent legal action under the National Environmental Policy Act. Briefing materials are attached. We urge your attendance .' Now that the initiative has again fallen to local governments , it is vital that your jurisdiction be represented. Please notify ;sir. Norman Emerson (213) 485-33i5 by Tuesday, July 22 , 197S ,�-hether or not you will be able to attend so that parking and meeting facility arrangements can be made . Attachments UL 1 71 5 JUL BACKGROUND MATERIALS FOR JULY 249 1975 OCS ''MEETING In the period since the hearings on the Draft Program- matic Environmental Impact: Statement , in Beverly Hills in February, members of the Council of Local Governments have been progressively driven toward a defensive , litigati.ve position. The original resolution adopted by the Council of Local Governments was a constructive policy statement , clearly articulating measures critical to the national , state , regional and local interest relating to offshore oil development . Emerging circumstances now afford us an opportunity to reassert our original position, while bringing the question of litigation to the point. These include : (1) The Select Committee on the Outer Continental Shelf of- the House of Representatives will be—T Holding hearings in Loy _`.ngeles on August 2 , 1975 and in San Francisco on August 4 , 1975. Specifically the Committee will be interested in comments on H.R. 6218 (synopsis attached) , amending the Outer Continental Shelf Lands Act of 1953. Other legislation in Congress variously addresses sweeping amendment of the 19S3 law (Jackson, S. 521) , or specific means of aiding coastal states in preparation of coastal plans and monetary compensation for onshore impacts of offshore oil development (S. 586, Hollings and S. 1269 , Johnston) . You 1;•ill remember that a central issue addressed by our resolution was the need to revise the 1953 law before new leasing programs should be permitted. Apparently in response to the same rationale , Congressman Murphy petitioned. House Speaker Carl Albert (Okla . ) to establish the Select Committee . As first constituted, the Select Committee membership did not include representatives from California. Further, the new legislation is scheduled for action in the House in January 19761 whereas our Southern California. lease sale is scheduled for October 1975 . 111hile we have succeeded in rectifying one of the exclusions of California' s interests , we have not yet corrected the other : (a) As a result of a major protest mounted by Californians we now have two Representatives (Congressmen 'Miller - 'Martinez. and Wiggens - Fullerton) on the Select Committee. (b) Clearly-, delay of the Southern California lease sale , at least until adoption of the new legislation, s loul . be a central oc-us of our testimony. before the Committee at the :August 1Car:iIIgs , l':e ;11'e eI1C:lOSing a rlel a11d1VS1` O�— �IR 62- S so that you will Do Able to provide your � III-1.S(IiCtl_Oi1 ' S thOLlghtS on the iiicasurc at our July 24th meeting. 2 - r (2) The Final Programmatic Environmental Impact Statement has just been released (a brief news aescri.ption is attached) . The major significance of this release is that it represents the first official act which renders the adequacy of substance of the EIS legally challengable . A second major topic of our July 24th meeting, therefore , will be discussion of possible legal actions now being contemplated by the Attorney Genera]. and by the Los Angeles City Attorney on behalf of the Council of Local Governments . City Attorneys from many of our member jurisdictions will have met immediately prior to our meeting , and will be present to brief us on our alternatives . It is vital that polic y-lex-el officials of member vim s icti- o—ns be present in order that t zey ma), advise their respective Councils as to possible participation in a suit. (3) The California Energy Resources Conservation and Development Commission is receiving approximately $150 , 000 from the Federal Energy Administration to conduct a. study of Various aspects of Southern California offshore oil development. The study will include three linked efforts : . (A) An assessment of oil resources on the Southern California Outer Continental Shelf; (B) A projection of on-shore impacts from various levels and locationsof oil development ; and (C) A projection of the effect of Coastal Plan Policies on projected on-shore impacts . A preliminary phase of the study will be completed within 90 days , and it is not anticipated that its findings will delay- the present -leasing schedule. A representative of the Energy Commission is being invited to attend to answer and, questions you may have as well as to comment on possible contributions by local governments . ?done of the conditions essential to future offshore oil development expressed in our original resolution has yet been ansivered by appropriate Federal action, yet these conditions have been shown over time to be .at the heart of the matter. T},e events described above , however , represent significant efforts in tfiat direction, and offer us an opportulli.tti to gain address policy issues , in addition to seeking legal recourse . Att all-l;:ile llt5 Analysis of HR 6218 - Murphy Section 101 Purpose To establish policies and procedures for managing the oil and gas resources in the OCS, eliminate or reduce risk of damage to the marine-coastal environment , and assure " Coastal States directly impacted by exploration and development adjacent to their coastal zone are provided an opportunity to participate in policy and planning decisions . Secion 102 Definitions Such terms as coastal zone, coastal- state , adjacent coastal state , marine environment, coastal environment. Title II Amendments to the Outer Continental Shelf Lands Act Section 201 Policy OCS is a vital ..national resource held in trust by Federal Government for all the people, Coastal States and- adjacent coastal states will be significantly impacted by development of oil and gas production in the OCS and such states should receive assistance in protecting their coastal zones from adverse impact. Section 202 Revision of Bidding and Lease Adm. Bidding to be by sealed bids . Secretary may decide the exact .formula for apportioning the royalties to be received by the government, based on cash bonus, percent of royalties ,. and. percent of production, _ - Section 203 Disposition of Federal Royalty Oil The Secretary may sell at public auction and at the fair market price any oil received by the government as its share of oil rjroduced. The Secretary may limit .participation in the auction if necessary to protect independent refiners . Section 204 Annual Report. At the end of each fiscal year the Secretary must submit a report -to Congress and the President as to the progress of -the leasing and production program with a detailed accounting of all moneys received and expended. Section 205 Insuring Orderly Development of Oil and Gas Leases Lessee must submit a plan to the Secretary that is consistent with Section 20 of the OCS Lands Act . The plan must detail the sped. lc Bork to be ptl'LO1'i:: � , o-lViLronmental protcctlon, 2 -and safety standards to be met and time schedule of performance. Person with permits , licenses and leases outstanding must also submit a plan. Failure to do so will revoke the permit, license or lease. , y Section 206 Geological and Geophysical Exploration Permit required from Secretary by anyone doing geological and geophysical exploration on OCS land, g Section 207 Enforcement Section 208 Laws applicable to OCS r E Section 209 New Sections of OCS Lands Act . o Section 18 OCS Leasing Program Authorizes Secretary to conduct a leasing program Section 19 Federal OCS Oil and .Gas Exploration Program - study. Authorizes a survey program to determine extent of oil and gas in OCS in commercial Quantities. Section 20 OCS Exploration, Leasing and Development Plans Secretary must submit to Congress an exploration and ; development plan 90 days in advance of accepting bids on each- tract. Such plan must be submitted to the Governors of affected states. for comment at least 60 days prior to transmittal to Congress . A Governor may request the Secretary to postpone leasing and develop- ment for up to three years if the Governor determines that such leasing will have adverse environmental and economic impact on the state. Section 21 Environmental Impact Assessment and Monitoring Prior to any leasing the head on the National Oceanic and Atmospheric Administration shall. conduct a study of area involved to establish baseline information concerning present .marine and coastal environment and- how it may be affected. Section 22 Safety Regulation for Oil and Gas Operations The Secretary, with advice of the Administrator of National Oceanic and Atmospheric administration and the Secretary with jurisdiction of the Coast Guard is to issue safet;)' regulations for operations in OCS lands on ways to minimize likelihood of blowouts loss of well control, fires , spillage or other damage occurrence . 3 - j Section 23 Inspe.ctions and Enforcement of Safety Regulations The Secretary with' .'j'urisdiction of the Coast Guard shall enforce the safety and environmental protection regulations, Coast Guard is to regularly inspect all operations authorized pursuant to this act. Coast Guard to investigate all major fires and oil spillage . A report is to be sent to Congress each regarding the enforcement of such regulations and the results of such. Section 24 Remedies and Penalties A civil action may be brought in U.S. District . Court by the U. S. Attorney General or by a U. S. Attorney of the jurisdiction to obtain a restraining?or injunction to enforce- the provision of the act. A person may be fined up to $50,000 per day continued violation of this act. A willful violation subject to $100,000 fine and 1 year in prison. Section 25 Citizen Suits _ Any person having interest and is adversely affected may bring a civil action on his own behalf. . Section 26 Determination of Boundaries ' The President may establish procedure for setting boundary disputes . Title. III * Miscellaneous Provision Section 301 Review of Shut-In or Flaring Wells Section 302 Bidding System Study The Secretary and Comptroller General shall undertake . study of the bidding system -- a published report with recommendations for improvements . Section 303 Relationship to Existing Law Except as specifically stated nothing in the act modifies the Coastal Zone Management Act or National Environmental Policy Act, RB:dg 6/27/75 o 2'* tog Angelts Lima Tues.:July IS, 1 —Part 1 3 S. Oil ' LeasA-�h all IN , May' Bq Cut J. al `. Environmental Statement Indicates r Pullback on Southland Offshore Sales BY LARRY PRYOR Times Staff Writer The Department of interior indicated `•londay that up to one half of the 1.5 million acre_ proposed for otl lea=lne oft 'oot.hern California may not he leaned if the lease=ale is ca!'ried out a=scheciu}eel in October. The an)?6Ul;(-el;te;iT lack-of ; fl - --- Such 1 - `; F Y Moreover. the .nf rmat:on u•_h deve:on tent.it said,would b,- may be cut nacF; ', 3=contained in In- f c rnnirolled through re?i? terior`s firai environmental impact an what mi ni hal)pfn i. aEf hole Statement fat' is accelerated ^ailoneli dt t,lin� f_ extended into new areas areraiing orcers.'mitten a`ter Ica i^ _ made It difficult to accelerate the and expioratir rl are conlpieteu. offshore lea4zing pra,i'am. ;he final Eh i= ezpe_ctfd to he a. The EIS prepared by hazer ior's pro°ram. the EIS said. "it'hae thes are.n;Can he described in physical.bi• tacred in Court on zoveral Bureau of Land Manaaemen' said- r c i)`:' ar'^ Or .:t'.at'C ,sluff altd ':oC_:C that the cutback: was paf'i of a reduc- OtiC aTTj OCIa-fCOnOntIC terms. gibe r<l':Ct'tn".Tffnt:. inClii<I!n� t'alifari-si3 impacts and sires--e of development tion in proposed lease sales natiolt- 1�ill be totaih new." and tine ct o Los Angeles. Wide this year by as much a= 7 mil- -' The final EIS contained more than lion acre 400 aages of comments an the draft - Interior ,aid in the draft EI'S that by :-ariou; federal. state and local the federal governments goal .ould ' governments as well as environmen- + tie to offer 10 million acres for lease , tal and oti;er�rou+),. lthoug^, malt in 11): n';I the final EIS re!eased of the issues raised were more eco- Mondat- aid: "Certain events and ne« information indicated thGt this nomic than environmental. the.final r leasing goal i=unattainable." EIS for the most part did not grapple Frith;ocio-econonlic [OniC3. It attributed the cutback in acreage_ " to cze full discus ion of the nonen- veralfactars: Interest by indusvv has declined vironmettal issue- would be out. of in acquiring new !eases in the gulf of place in and Environmental Impact -Mexico. ehich ha--- already -been Statement."it said. developed extensively. It also said that although the goal of leasing 10 million acres in 1915 4 recent lease offering of., million had been modified. Interior :till acre: in the South. Texas area result- med to more ahead with six pro= ed in sales of onl.% t 26.000 acres at.a Plan relati':el, lot. price of �27a million: posed lease sales this year and ix th'l:, r t'f poSS[bie lease SLU?s i)er ,',:ear for P,6 'i ells.., Legal i-sties h�,tc d'la�eil 1^a=e through 19is. sale: ill the Atlantic Ocean and in Interior's fir;' proposed lease sate Ala<kX:5 Lo'a-er Coon Inlet. outlzide the Gulf of 'Mexico has been Diificui[ie, have developed over sc'red,,.ded for-California..in Octor�r extending Outer Continental Shelf and for the 'Northern Gulf of ta�a_4:a fOCz,,'l ail do-lopment into "frontier" in December. Interior officials said areas that'have no history of oil leas- ,Floriday that: iitose schedules Milt ing.1'his iTncltfdfs Southern Ca,f siand:ornia - (as distinguished frpin the Santa Bar- Interior said that trying to weigh. bara Channel lease traetsl and waters varsous impacts altd rani: lease areas a!'ot}!t!( :\i;l=tea• so ihat Lf C rig Ie i couldbe saved [rC ; de-e,opment lazt f ai_ed many prop- . "'[rc a�c:;; _ Iems, the chief one he ing that it t n` 0! frontier vrc3 to Called for :Li)'ociive iudltrnnts. �vlcn 005 oil and ga= leasing is a proposal a; having u� tceicth California's tllt'.t, If l7na,:2TCltied: tr111 rc it In ? t'PCl',a[tol'.a, ),LC'.lcS a. inst ai na'.i significant change_- in ph-ical. social "rird colonic . furl eC'ntiOttT:C ent'It',)rtilk'it[�.' ...; I ls said. A more eiilCtFat StClnlTeT'to al)et'ate, ht he to proceed an. Uelt Chal)tt <.it SaiFl. Wouid reallirC !7 '>ea C to 1c'a;'!1" sCltclhll(. %`%hiCft more exteaT=?i e manR�eftleni t)Y fed- eral and stxc goterttments. 1rr�uid give inc;:r.:i.r_ esperienec in Ivor°sang Itt eNVU,onmentallY har ii . areas. a.. .__. ... r 2 Hrl kaOngFieS�,1-z� 3iA6K I - 0': f.. <x� 1 4 f Administration'sDCalifornians Fight I N�K� z Offshore Schedule �a BY PALL HOUSTON -; �+ >$ D � ► Y Times Stall Wtter J31: NVASHINGTO`,—T:1'entr-eight Cal:fornia co 2res-men W. ponscr a � �� PART li � reso:u._cn.i a_ ed ,..imEr j� iLK•iil � =;dr'unI<<=eiio:i pla_is to { saT RAY.DUNE 14, 17� lease 1.� million CicrES .-. South- i ern Califorri:. coat W od comnanies in Senter:tber. _ _ J. T His r.escilutlon States that It The resoiuuor,would not have. the TZ-o. r:onert J.Lc 'a C-ino of Mail 1 force of law but �_i7 out Congress = be contras' to the �e L 11-•^;i?c- C'.-_T.t`1C i, InC1 :G = ' ... eri�irntl- tnF �.-.iii rN L_iates and on record as onnt o°ei iu a!il% further l„ _ ,i, "• _ ._7i. •r .,,n--i:=e is i,.=rbara s• " for offshore leas:l Offshore leasing ,:nt� a ^o,^nprehen- ___ ales - a,ea. ,'tlil be Irie on:� Republican co befoz Con''I'fO,1'COd:i=1 _ - si\'e coa tal developrlen, grogram `p,,tror. er cted by ConQress. _e izlaLi^? for -_... lation. such a prorraa i_C\ iC J2 G-O- z ''' ?fiCBn Charles E. �l'ig°Ins Of The Outer G nt:r.enial ed b} the end o suer\:tor.. n tlo ser.es . ith .:filler nn mittee, esta'olis� :. - -. the oui`,°r Cont!!leriLai �neLf Comm1L- Albert iD-Okia.1 last+-.:�)r.lii. •" ..~ The resolution :1-ill-iae "trCClLiCeCl i': r \r'li^., :^m? t?e. i:a ;aid 1i( 2eS no sea=on to de.- to COMe LIP with 2 GGT17L rcic ^'c is i ftep. .ieC-rC -- , f !a' Li-:he o11Bf:o, leas;nc. by nee van.'Ji. Delt�ccrat. from )'sari!.._:. and a mcrn- cer of t_:e Welt'�1^ - _ O t 'er said mYan,% Caiiiornians „,e mil_-_. C n mit_ Rf,.. tar' ob;=C, to _hC iMerio- De- tee on the Outer ConClnental S-r:e t. IIISI 'iCnC.' on ntC v!l^ iho _ a',eS Coastline Pil!ieC worked cic-eiv \lath aides to Con.11-M=sion is .`.till Cl-at!lnc ;i c0aatal Ca4 ')rnia Gov. ro`.vn in rreparing, U PiOnmenr, l roil for consideration the res'?lutlon. all a u?, to the Coll- b,i 1C_Lase Le t_'lalti'C next ve?r. gre-,man said. "NVe a-e especially:concerned about tLiler said the Der•nr`ment of ln- 1 hat kind of ee\elorrsent nla'' occur terirr•s plan to lease acr e- _de off t'le r: r federal leases. what Safety Boast from Ven'ura : .n C-len:ente nl•ea_ure_ \lidbe r t at- "would :p a ;igar,. i way of na- tural resource_ ,bc?14';_ to ail i l 6 ten ion nil be pi-.-en to eco'.o^cal :e. and ae4i cti,: Fill. - ribe oil own e;rLmates e t C*'a t } the 0� . doll' n. a reroeal of h.. 1 f.3 are that the federal a^�ernrnent rnav Si nta Barbara spi l.'' ro ei;•c S- 1.h bilk^ _or oil and rd5 He .did there was no IndiCatlO-1 rese.•:e, ^ith a ^.zr =t ''.tlue of S157 bai '•r. Miller said. .`^:er the riCQ- tfici the interior a.�L.artrierl� -real V po'?Ci It_'2 :1!^ tCrlls \CC!ld �� i:adeI zzand_ \chat t'loce orl re=erCea \ ere '.i"or h or that zl-e til'ili Ee' a aclr tt,:-n;n•l the IieiQ;z ol'er to i fie nlc;or p.-iC e. eii cornpanies 1':im no assurance tnec w'ou1G be de\'elor,_-j in iile best inter- Be'•'ond that. ne :'lid. there is tcSti- Q$Ls of the Ilatiotn." moi. •Coral ou eon's nies t^ L "ihe.J Mdjer's resolution be ensnron- u:C::dn t be ab e to Ceveiop iae tease sored by ever\ Ca"-Zom;a Domocrat 1; ._. P_" In the nevi: tl'lir�.,�i) the eXCent for Rep.B. . .:' ;{of F .-eSr'so. Call=Crnia lea.=es wouid offer no ur, "A, f. r as i'ni ao_ erned. . e reed r.:ediate alle\iauon c'i Short-itrm oil more :fuel." tiis, ;air'. 'Tin not ..,ter- snortage_ . ester, in any leis,-;r - - - - ._- MT!,r alSa c3j(i 'ha O.1 --,-.aniee 'h \•1 'e..n le i-ri .,'n-ild :4i)oul their kr.,),xn oil rect-1-\rk-in i^is courl- tr\-. 5., we don t. -,-en 'K.-crX if we lic-m f?_:rrir" ni'.`Ore cif r,'•a°.ei p meat at Lhi_ tinge." 1 _RESOLUTION OF THE BOARD OF SUPERVISORS OF 2 ORANGE COUNTY, CALIFORNIA 3 November 20. , 1974 4 On motion of Supervisor Riley , duly seconded and carried, 5 the following Resolution was adopted: 6 WHEREAS, the United States Department of the Interior has 7 scheduled hearings on December .2 and 3 in the Santa Monica Civic 8 Auditorium concerning a proposal to enter into leases for outer continen- 9 tal shelf oil and gas sites; and 10 WHEREAS, the draft environmental impact statement concerning 11 the proposed leases consists of 1300 pages; and 12 WHEREAS, there has been insufficient time to evaluate such 13 statement and make comments regarding such statement; and 14 WHEREAS, the acreage proposed to be leased includes some 1. 7 a 4Z215 million acres of land off shore of the coast of Southern California, o s°o16 including substantial acreage off the coast of Orange County; and oaz Uo17 WHEREAS, the Environmental Policy Act of 19.69 'requires that an 18 environmental impact statement be prepared prior to determining that an 19 increase in leased acreages is in the best interest- of the people of 20 the United States; and 21 WHEREAS, there has been some evidence to indicate that a 22 decision in this matter may have already been made, contravening the 23 Environmental Policy Act of • 1969 ; 24 NOW, THEREFORE, BE IT RESOLVED that this Board does hereby 25 request the United States Department of the Interior to postpone the 26 hearings presently scheduled for the proposed leases for a period of 27 90 days in order to have various State and local entities evaluate the 28 draft environmental impact statement and prepare testimony for the 29 hearings. 30 BE IT FURTHER RESOLVED that the Department of the Interior , 31 at the minimum, schedule additional hearings in Southern California at 32 a much later date to allow adequate time for all concerned governmental CHP:wm Resolution No. 74-1703 11/20/ 4 Request for Postponement of Hearings & Authorize Partici- 1. pation in Evaluation of EIRs , nff-ShnrP nri11inn r I 1 entities and citizens to evaluate the draft environmental impact statement 21 and prepare testimony concerning the proposed lease. 31 BE IT FURTHER RESOLVED that this Board does authorize participation 4 with other local agencies in Southern California for the purpose of s � hiring a team of independent evaluators to review environmental impact 6 statements regarding the proposed off-shore drilling; and I ' BE IT FURTHER RESOLVED that this Board does hereby authorize R ;1 the County s participation for such review in an amount between $5 ,000 and $10, 000, but not to exceed $10 , 000 , with the County' s cost to be 10 ;! from Budget Unit 1071-420-000 . ii BE IT FURTHER RESOLVED that copies of this Resolution be forwarded 12 ' to Mr. Rogers Morton, Secretary of the Interior; United States Senators 131 Cranston and Tunney; Director of the Bureau of Land Management, Department 1411 of the Interior; Congressmen Wiggins, Hosmer, Hanna, Hinshaw, and Burgener; the Cities of Huntington Beach, Newport Beach, Laguna Beach, 0 '' o i 4JW [c Seal Beach, and San Clemente; the County of Los Angeles; and the City of u 4 ;i 0 ? < I o ; 1- ; Los Angeles. 1 b II 1 c; 2U �� AYES : SUPERVISORS THOMAS F: RILEY, RALPH B. CLARK, R. W. BATTIN, I AND RALPH A. DIEDRICH NOES : SUPERVISORS DAVID L. BAKER „ :! ASSENT : SUPERVISORS NONE 23 ! 24 ' STATE OF CALIFORNIA ) ss. 25 COUNTY OF ORANGE ) 26 I, WILLIAM E. ST JOHN, County Clerk and ex-officio Clerk of the Board of Supervisors of Orange County, California, hereby certify that 27 , the above and foregoing Resolution was duly and regularly adopted by the said Board at a regular meeting thereof held on the 20th day of 28I November , 1974 and passed by a four-1f s vote of !; said Board. 29 i ►. ; IN WITNESS WHEREOF, I have hereunto set"�eRy.••hand arid.�..`seal this 30 20th day of November , 1974 31 ( W-1n,1AM, E. ST JOHN County C!6rk- and ex-officio :Clerk 32 ( of the Board of Supervisors ,of Orange .C,tiunty, California; puty. 7Z OFFICE OF rg "".'�� CITY ATTORNEY P. O. BOX 190 �$ HUNTINGTON BEACH CALIFORNIA 92648 DON P. BONFA TELEPHONE CITY ATTORNEY (774)536-5261 March 28, 1974 Mr. Stephen I . Ahlquist Passo, Yates .& Nissen Attorneys at Law 1666 North Main Street., Suite 400 Santa Aria, California 92701 Re: Idle Well "Horton #3 located at $185 Garfield Avenue and covered by . Pacific Employers Insurance ,Company's $10,000 Oil Well Bond #M-146 Dear. Mr. Ahlquist: In response. to your letter of March 26, i974, please be . .' . advised that the city will proceed to handle. the . idle well designated as Horton #3 in a manner consistent With city ordinance requirements and enforcement procedures. The attached materials reflect that we have taken -timely action . and that your statements re the city's inaction are completely inaccurate. I suggest you review the facts and ordinance before you render accusatory remarks .. The acquisition of bids with regard to the necessary reme= dial work was '.done as a favor to you as your clients expressed an interest in getting the property cleaned up. During your visit to Huntington Beach you indicated to me that the church . -was .int.erested in taking affirmative action to eliminate the problem. In facts now, you seem to ignore the basic responsi- bility of a property owner for conditions existing on his -prop- erty.. Spending time to meet with you and visiting the site., I was proceeding on a .cooperative .basis so that between both of us the problems could be eliminated. In view of the above, the city shall in no way accept any responsibility for injuries sustained by persons for damage to property caused by the Con- ditions of the well. - This is not proper policy, nor i.s it law. We shall continue to enforce the law to the best of our ability. Mr. Stephen Ahlquist March 28, 1974 Passo, Yates & Nissen Page 2 Re: Idle Well Horton #3 I suggest -that- you pursue the remedies available to you to achieve our common goal of eliminating oil blight. Very truly yours, MICHAEL H. MILLER Deputy City Attorney MHM:er c.-c. Mayor Jerry A, Matney Alicia Wentworth, City Clerk Herb Day, Oil Field Superintendent John Behrens, Director of Building and Community Development Attachments PASSO, YATES & N ISSEN ATTORNEYS AT LAW 1666 NORTH MAIN STREET,SUITE 400 AREA CODE 714. SANTA ANA,CALIFORNIA 92701 TELEPHONE 63S-3742 S EA LYM.'YATES WILLIAM 0•PASSO DAVIO.'R. NISSEN March 26 , 1574 -U. � STEPHEN I.AHLOUISTMike Miller De ut Cit Attorne P. 0. Box 190 . Huntington Beach, California 92648 Re: Idle Well "Harton" #3 located at8185 Garfield Avenue` and eodered b Pacific Employers Insurance Company."s $10 ,006 Oil Well Bond #M--146 , 796 Dear .Mike: : Iri our telephone conversation of; January 3,. 1974, .you indicated that you would supply us with -.a second bid as to the cost of cleaning up and- abandoning the above described well. Please advise us whether the City of 'Huntington Beach has received such a bid andthe amount thereof .Over four months have passed since -Mr. Herb Day 'sent an idle well letter to Mr. O'Brien. Inasmuch .as Mr. O'Brien .has- a bond on the well, 'we .:request the City of Huntington Beach to go against the bond for clean up and abandonment costs. In our. telephone conversation of November .29'; 1973), and "at' our meeting and visitation to the well ,site on December 4, 1973, I expressed to you our client' s concern regarding ,injuries. to children playing on and .around...the .well and storage tanks. In fact,.. as -we discussed:, -one_ child has already ,c.ut himself on Mr. O"Brien' s equipment. Since Mr. O'Brien has contin.uously � kefused to remove his equipment".and clean the -area; and since the 'City of Huntington Beach -has been unwilling to. declare the well site a nuisance or -to go .against Mr. O'Brien's bond And: clean :the •property, I am com- pel.led to notify you in waiting that the C.hurch. of .the Naz;arehe will look -to Mr. O'Brien :and to the City :of Huntington Beach to 'respond to any .injuries sustained by persons or damage to property caused by the condition of the well , storage tanks or debris about said structures. Very truly yours, STEPHEN I . .AHL;QUIST for PASSO, YATES & NISSEN SIA:nld cc: Gerald Matney, Mayor of Huntington Beach Alicia M. Whitworth_ , Secretary of City Council Dr. Ni. A. Hull November 15, 1973 CERTIFIED NAIL Howard O'Brien 1442 La Colina Tustin, CA 92680 OBJECTs Your Idle Oil Well "Horton" #1 Located in Section 36. T5S, RIM SBBdM and Covered by Pacific Employers Insurance Company's $100000 Oil Well Bond ON-1469796. Dear.Sirs above subject oil well,:which is covet sd by Pacific 2 loyeica: Insuvance Coa�pany,a 100000 oil well bond, has been determined to be tdle-as. per Section 2361 of the untington Beach Oil Code which reads in part as foi Ion s IDLE WELLSe An oil well shall be an idle well in the following situations (1) If, it produces -less: than twen't (26) bsirels of crude. oil or other hydro- carbon substances or lees than 100,`000 cubic -feet. of gas for. sale, lease use, or storage within any ninety (90) consecutive day Lod co meincing D on or after the of ectivo. ditto. of this chapter. Since the subject well produced neither (20) ba_ rreI of'crude .oil or other hydro- caibon .eubetances. nor one hundred: .(ioo) Wp of.gas during the last ninety (90) days, 'you are being'ak. to comply with the followint is of the Nuatington ach Oil code 'Section 2363' (11 Within ninety days after said- notice. has .been Hives, the pasties--towhom. the -notice has been east shall clean mind restora the Will-and drill site. and surface in cdotormity With the following =equiromentss (a) The derrick and .all -appurtenant equipment thereto oxisting above the surface.-of the:.ground level shall; be removed from the drill sits. (b) The dr11-1ing -and production equipment. tanks, towers -and._other:surface installations shall -be redmoired from the drill site or tank firm site. (c) All concrete, pipe (except tubing head)`, wood and other foreign materials existing above or on the::surfaco of the ground level shall be removed from the drill site or wank farm site. . (d) All oil, waste oil,' refuse or was. material including debris, junko unkeM__ t .ind.accuaulated piles of,-miscellaneous mateti4il shall be re- moved :from the drill site or tank farm site. IIdINt+d Of Men ,tOvembom 15o 1873 W. "a vatbolo NW all holes, leptIsasiens and saw ahaii be aloassd we of all foreign material t well cellar Malls) ,r6atrlau of daptb and filled and paekad with ateam native earth. (1) The well bead shall be capped witb a blind flow and a assims of ors- inch steel bleadeu vilve shall be Installed, %iieb shall be lashed is a elesod positiae. to the *veat eorplianee is not mt within the sisety (") day period as set fourth# the lollariaf section of the said cods will be enlercedt 8321?2�.2326 OIRI►AtR.Y III p'!<l�Qlt1lA110E Or COS NO�t�! �+0 hE AI98M Yrsae sI the Department of lnildia8 and c.ommity DeveloImeet !lads that a default has eeeurred in tbo perfewmame of soy .rsquirmont or eoaditias o! these vgMutiaos, a written setice ,dwreof *hall be Given to the rriseipal "a to the surety oe the bend. Ocb "Otis'* stall specify the wart to be dais, the eitivieted aost tbaraof Md., the period,of tb a dammed by the Dipiserrst of 8uildiod =4 Pmimity Ohrsiop>u"m to be rooaooably necessary for the plitiae. of, am". rork. Asti: re�elpt of such ootite,. the surety:null, within itee dais thereto spsaifted either eauae or .require the work to bs performed, '. er lailiuD there , atoll pay ever to tbs Department O. of IUI.D reed Cosiowoity'Ilarolapat tb , setlwatN tog of deis+� the Msrk as set, forth ii tlrt : otieo. Open receipt, et age.6' oeias, t>N I partrst ei Mildift and Goarirrrity to Dev �opsant obeli proeiad by irate bode is d�i*ad:e{oavwiiast anew the requ d: and. .co rrpi*cod, .but as liability nn oball:be Incur red therein otUk tAea "tor tAt. s eoditura ot: saf+d SW !tt bud. U to .the O''W"t 'that' .the veil has not 'been .piopsirly abandon! nada: the r rd latices o!: tint nivisioa o! Oii and Gas, •aneti''additimal :eery cry be atirnri t surety se is oessiary to: roatere tb drill site is awteesity with the s�lotioo of cbi. .Che+ptet: J0 • . 18, Dsrctos l -paid- s�pYs� . nee Pacific Eployara 104a4o CMpaiy see4 'Dap+trtneot ' . •Les 'Aprolai,. CA !400s ,Sontheru Califerata Dtstrict Advieory aossd, Inc., Landowner c% •Chtrircb of rho t6$eroa0 . 8185 GerfielQ Nwttitu as 8aacb,. CA ii&, March 4, 1974 Pacific Employers Insurance Company Bond Department Terminal ',Vinex, i3ox 402 Los Anbeles, CA 90051 Gentlemen: Subject: coward O Brien's idle oil .weli Horton" #3 located in Section 36, 1 5 Si K 11 W, SBB&t and covered by Pacific ::noloyers Insurance Company's $1U,000. uil :jell Bdud ;�i•i-146�Tl�b.. The above subject idle oil. we31 is covered by ►'acif k 0ioyd re Insurance Company's ;;1J,oOu oil well. bond H-14G,796 on which. Howard O'Brien is the principal. Certified. iettcrs were sent November 15, 1973;,. to Howard O*Brieu, 'as Doperator, :and 'Church of the .�azi�renc :�outherii oaliturnia: �,dviaory Board Inc.;: as :landowner:, 'notifying. .them _that the above subject. well waa, mad an idle well and: that all idle. equip�a6nE was to be .removed__vitua (90.) days. as per Section 2363 of the Huntington .Beach fit Codee. To, date, said idle esuipcient:has not been removed as ordered. Therefore- it becomes my duty to proceed with Sectiott 2326 of. the W-1 Code which reads as follows, CA rn. SECTION 2326. DEFAULT IN.PERF01W1iCL OF-CONDITIONS..ITIONS... -NOTICE TO .-BE GIVEN AWhenever. the' r-epar.tmcnt "of Buildin 8. Cor*Wnity Devclopimnt finds that. A defauit has occurred i the .perior�once: 'of piny .requi aiaaAt or caridition of 'these iegu;lation'sr a writtea-notice' thereof' �WL11 b.e given to the` principsI.. -the-and to the -surety on bond. Such notice; shall specify the .work o be done,`,the: estimated cost thereof end the period of time Aiei Ted by the Depsrtaient of:. Buildift . Q 'Conuiunity nevelopaient to_•be- reasonably necessary. -for the :coui- pietion .bf- such. work.. Af ter. receipt of such notice=, .the surety shall,. within. the time therein 'specified eith-,r cause.-or require the work to be 'performed', or failing thereupon, sha11 pay. over to the. pepartment of Building d: t6iw=ity Pevslopmcnt the estbiated cost of doing the work as set. forth in the notice. Upon receipt Of :such monies, the Department of $wilding .d .Community Development t Pacific Employers Insurance Company s Page 2 March 49 1974 shall proceed by such mode as deemed convenient to cause the required work to be performed and completed, but no liability shall be incurred therein other than for the expenditure of said sum in hand. In the event that the vell has not been Pxpperly abandoned under the regulations of the Division of Oil and Gas, such additional money may be demanded from the i surety as is necessary to restore the drill site in conformity with the regulations of this Chapter. It within thirty (30) days from the .above date the Pacific Heoloyors Insurance Company as -surety on oil Well bond #M•1469796 has tot caused or required the work to be performed as outlined in Section 2363 of the Huntington Beach Oil Code, then the Pacific 13npioyers Insurance Company shall pay aver to the City. of Huntington Beach Department of Building. & .Community- Oevelopmtnt, Oil Division, -the sum of three thousand seven hundred and thirty. five dollara ($3,735) which is the .esticmated cost of doing the required `aiork. Very truly yours, DEPAR'T14L OF BQILDING a Cc MNITV D :v :l ornsr � Director ff _ fie A•. DAY, Oil Field Superintende t cartif ied. cc& Southern California vistrlct Advisory B"oaYd, Inca c% Church .of the Naa_ar' ene -SIM Garfield) Avenua Huntington. Deach, CA 92646 r` ' PASSO, YATES & NISSEN �E1Vf� ATTORNEYS 1666 NORTH MA NSTREET LAW SUITE 400 REA CODE714 SANTA ANA,CALIFORNIA 92701 TLNE 83S-3742 SEALY M.YATES 1Q7 WILLIAM O.PASSO DAVID R. NISSEN March 26 , 1974 fi 27 /'gypp STEPHEN I.AHLOUIST 791� L1 Mike Miller Deputy City Attorney P. 0. Box 190 Huntington Beach, California 92648 Re: Idle Well "Harton" #3 located at 8185 Garfield Avenue and covered by Pacific Employers Insurance Company's $10 ,000 Oil well Bond #M-146 , 796 Dear Mike: In our telephone conversation of January 3, 1974, you indicated that you would supply us with a second bid as to the cost of cleaning up and abandoning the above described well. Please advise us whether the City of Huntington Beach has received such a bid and the amount thereof . Over four months have passed since Mr. Herb Day sent an idle well letter to Mr. O'Brien. Inasmuch as Mr. O'Brien has a bond on the well, we request the City of Huntington Beach to go against the bond for clean up and abandonment costs. In our telephone conversation of November 29 , 1973 , and at our meeting and visitation to the well site on December 4 , 1973 , I expressed to you our client' s concern regarding injuries to children playing on and around the well and storage tanks. In fact, as we discussed, one child has already cut himself on Mr. O'Brien's equipment. Since Mr. O'Brien has continuously refused to remove iris equipment and clean the area, and since the City of Huntington Beach has been unwilling to declare the well site a nuisance or to go against Mr. O'Brien's bond and clean the property, I am com- pelled to notify you in writing that the Church of the Nazarene will look to Mr. O'Brien and to the City of Huntington Beach to respond to any injuries sustained by persons or damage to property caused by the condition of the well , storage tanks or debris about said structures. Very truly yours, STEPHEN I . AHLQUIST .for PASSO, YATES & NISSEN SIA:nld cc: Gerald Matney , Mayor of Huntington Beach Alicia M. Whitworth, Secretary of City Council Dr. N. A. Hull c PASS, YATES & N ISSEN ATTORNEYS AT LAWm 1666 NORTH MAIN STREET,SUITE 400 - � 26 MARSANTA ANA,CALIFORNIA 92701 I ig76 Alicia M. Whitworth Secretary of City Council (City Clerk) P . O. Box 190 Huntington Beach, CA 92648 ` 72 STATE OF CALIFORNIA CITY OF HUNTINGTON BEACH - COUNTY OF ORANGE OATH OR AFFIRMATION OF ALLEGIANCE FOR PUBLIC OFFICERS AND PUBLIC EMPLOYEES I , ROBERT C. DAVIS ,do solemnly swear (or affirm) that I will support and defend the Constitution of the of the United States and the Constitution of the State of California against all enemies , foreign and domestic ; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California ; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter during such time as I hold the office of Peace Officer for the purpose of enforcing the H.B. Ordinance Code (Name of Office) z�e-e;x-�" Signature of pe son taking oath SUBSCRIBED AND SWORN TO BEFORE ME THIS 25th da of April 19 72 a � Signature of of 'cer administering oath. City Clerk Title of officer administering oath. STATE OF CALIFORNIA CITY OF HUNTINGTON BEACH - COUNTY OF ORANGE OATH OR AFFIRMATION OF ALLEGIANCE FOR PUBLIC OFFICERS AND PUBLIC EMPLOYEES I, HERBERT A. DAY ,do solemnly swear (or affirm) that I will support and defend the Constitution of the of the United States and the Constitution of the State of California against all enemies , foreign and domestic ; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California ; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter during such time as I hold the office of Peace Officer for the purpose of enforcing the H.B. Ordinance Code (Name of Office) SignatureVof person to ing oath SUBSCRIBED AND SWORN TO BEFORE ME THIS 25th. day of April 19 72 Signature of offi administering oath. City Clerk Title of officer administering oath. c�-o— —7/ 71 Affidavit of Ablication W,ate of California County of Orange SS City of Huntington Beach 111 George Farquhar, being duly sworn on oath, says: That he is a citizen of the United States, over the age of twenty-one years. That he is the printer and publisher of the Huntington Beach News, a weekly newspaper of general circulation printed and pub- lished in Huntington Beach, California and circulated in the said County of Orange and elsewhere and published for the dissemination of local and other news of a general character, and has a bona fide subscription list of paying subscribers, and said paper has been established, printed and published in the State of California, and 0�),o County of Orange, for at least one year next before the publication �1 _ of the first insertion of this notice; and the said newspaper is not devoted to the interest of, or published for the entertainment of any particular class, profession, trade, calling, race or denomination, or any number thereof. / P_ The Huntington Beach News was adjudicated a legal newspaper // W of general circulation by Judge G. K. Scovel in the Superior Court - .of Orange County,California.August. 27th, 1937 by order No. A-5931. P„blished Huntington eeach4 News June That the NOTICE OF PUBLIC HEARING ' 19N0 ICE OF.,PU13CIC`HEARING r�{ .'NOTICe_)I GL13Y GIVEN that,tr Cityic6uncil.-of tithes City of -Huntingtonh _ Beach, .Californiae,proposes to ..adopt' of which the annexed is a printed copy, was published in said news- Ordinance No 16C3 entitled TINGTto I INANCE,OF THE,:CITY.OF"HUNTINGT0 BEACH REPEALING CHAPTER,_23 OF THE- HUNTINGTON BEACH ORDINANCE.CODE One issue _ paper at least AND ADDING A NEW. CHAPTER 23 PRO- VIDING FOR THE REGULATION-Of`i;6 OPERATIONS -1N THE-CITYrOF.:HUNT- commencing from the loth day of June iNGTON BEACH. ' Notice is further given`that a public nearing Will-be'igld upon-said proposedt Ordinance No. 1653 on the 23st day 'dit and ending on the loth day-of June June, 1971, in the Council_ Chamber of the Civic Center, City of Huntington ►� Beach, at the hour of 7:30 o clock P.M., 19 71 both days inclusive, and as often during said or•as soon thereafter as possible, at y g period and i times.of:publication as said paper was regularly issued, and in the which time_appear .all persons=T renter- regular and entire issue of said newspaper pro er, and not in a Bated-may appear and be heave ah'N' oh.; P A copy proposed Ordinance No16531 supplement, and said notice was published therein on the following is qp file in the,office.of,the Cify,Clerk_ dates, to-wit: of the City. of -Huntington Beach,- to ....... ._ which reference is made for. further, c; June 10, 1971 particulars - Dated this 8th day of. June; 1971 PAUL C. J_ONES, fir Gity Clerk &the City df' Huntington rBeach,,,California " 11 blisher Subscribed and sworn to before me this 11 t h day of June ,19_21 t P Notary Public 1 �! ,' 4/7/ Orange County, California CL4 �� THOMAS D. WYLLIE 15, Notary Public-Cal forniav Orange County.. My Commission Expiresx� September 12, 1974 r Cik,,. of Huntington Beaph County of Orange State of California .,4 ffidavit ofPublication of GEORGE FARQUHAR Publisher Huntington Beach News Filed Clerk By + Deputy Clerk 51�ZITI� & POLITISKI �RIDLEY C.SMITH 1892-1965 ATTORNEYS AT LAW AREA CODE 714 ROBERT C. POL'ITISKI 1002 NORTH BROAD WAY - TELEPHONES 542-1161 AND S42-4774 - SANTA ANAL CALIFORNIA 92701 F:E^EIVED October 1,- 1971 ;f C►_E W, CITY OF . F UNTiki;TOR SEACH,CALIF: 19 ( QCt 4 Al 110 44 City Council City of Huntington Beach' California Re: New Chapter 23,' Huntington Beach Oil Code Gentlemen: Please be advised that Huntington.Beach Oil Operators, Inc. suggests the following changes be made in the proposed Huntington Beach Oi1,Code: 2304. APPEALS. Change 20 day appeal period to 30. days. 2304.' (3) Change 20 days to 30 days. 23'04. (5) Add-to paragraph. - "provided, however the council shall not continue the. matter for more than-one single 30 day period without appellant's prior consent thereto. " 2304. (6). Eliminate in its entirety, as,it could be interpreted as preventing.an appellant from exercising his constitutional right to-have access to courts of law, equity and other administrative bodies. 2307. NOTICE OF.OWNERSHIP. Change 10 days to 30 days. 2308. Change 10 days to 30 days. , 2309. PENALTIES. Change one year to six months and eliminate last sentence of said paragraph. 2309. 1 CITATIONS. Eliminate Process should remain as it is'-with the City Attorney issuing the Notice of Default. In addition, 2309.2 covers this area. 2309. 2 CEASE AND DESIST ORDER. Add after the words "rea- sonable time", the following: "which shall be not less than 30 days. " i City Council October 1, 1971 Page 2 2311. 7 WELL-PULLING PERMITS. Eliminate in its entirety. 2312. 2 PERMIT UTILIZATION. Change 90 days to 180 days. 2315. PENALTY FOR DELINQUENCY. Eliminate the words "for each month of such delinquency, which penalty shall be". 2317. CONTINUING VIOLATION. Eliminate in its entirety. 2318. GROUNDS FOR REVOCATION OF PERMIT. Eliminate all wording after the word "code". 2319. EFFECT OF SUSPENSION OR REVOCATION OF PERMIT. Insert after the word "city" the following: "unless so allowed by Court Order". 2326. Eliminate "the Department of Oil Field Control" after the first "whenever" and replace with "A court of competent jurisdiction". 2328. INSURANCE REQUIREMENT. Eliminate "with the City of Huntington Beach named as an additional insured". 2336. (4) Should be eliminated as superfluous in view of Article 237. 2337. 2 (2) Eliminate everything after "covered". 2337. 3 SETBACKS. Eliminate second paragraph as violating constitutional and established rights in existing wells. 2339. 3 REMOVAL OF WOODEN CONSTRUCTION. Stairways and walkways should be included as an exception. 2339. 5 Substitute word "may" for word "shall". 2340. Strike "pump cellar". 2343. GAS EMISSION OR BURNING PROHIBITED. Eliminate as pre-empted by State Law. 2344. 3 Should have more gates allowed. 2345. Eliminate. w City Council October 1, 1971 Page 3 2346. Eliminate. 2356. RULES FOR LAYING DRAIN PIPE TO SANITARY SEWER. Add "after date of code". 2361. Eliminate paragraph 1. 2362. PRODUCTION REPORTS. Eliminate as pre-empted by State of California. 2362. 1 FAILURE TO REPORT PRODUCTION. Eliminate. 2362. 2 FALSE REPORTS. Eliminate. 2363. (1) Insert provision that said well may be reactivated within 30 days of such notice without complying with requirements of Article 237. 2363 (3) Should provide that if said well is not reactivated within 30 days after said notice is sent, then parties have 90 days to clean and restore said well site. 2363. (5) Eliminate. Respectfully submitted, HUNTIN ON BEACH OIL OPERATORS, INC. By ' Ro ert C. Politiski Attorney at Law RCP:jh i I SMITH & POLITISKI: . RIDLEY C.SMITH 1692-196S ATTORNEYS AT LAW - AREA CODE 714 ROBERT C. POLITISKI D TELEPHONES S42-1161 AND 542-4774 1002 NORTH BROADW SANTA ANAf CALIFORNIAR$-?I OfL 1�K 1'J�I v Cl;Y.O ACN.CAl tF X. NTITtGI'CK d. September 1 1971 City Council of Huntington Beach Huntington Beach, California Re: New Chapter 23 Huntington Beach Oil Code Gentlemen: Please be advised that I have been retained by Huntington Beach Oil Operators, Inc. regarding the proposed changes in g rdi- nance No. 23 of the Huntington Beach Oil Code. It is my understanding that this matter is set for hearing on Monday,. September 20, 1971, at.your evening session. It would be appreciated if the City Council would continue this matter for at least one week in .order that I may have time to study the proposed changes and be in a position to advise my client regarding appearing at the . hearing. Kindly advise if-this request for a-continance can be granted without the necessity of an-appearance before the City Council at the September 20, 1971, hearing. Thank you for your cooperation in this matter.. Res ectfull , R bert C. Politiski RCP:jh 10 August 1972 To : City Council From: City Attorney Subject : New Chapter 23 Huntington Beach Oil Code Pursuant to direction of the City Council, the Oil Committee and the City Attorney ' s office have prepared the attached amendment to the Huntington Beach Ordinance Code, a new Chapter 23 , updating the city 's oil code . Provisions relative to idle wells and production reports have been expanded, and a nuisance abatement procedure has been added in Article 236 to facilitate abandonment of wells and the cleanup of unsightly wells . Wherever possible , other sections of the Huntington Beach codes- relative to oil matters have been transferred to the oil code . The new ordinance represents approximately twelve months revision and research . Respectfully submitted, J DON P. BONFA City Attorney DPB:MHM:ccm Attachment 12 October 1971 TO: City Council FROM: City Attorney SUBJECT: Textual Change to Oil Code Attached are some changes made to the proposed Huntington Beach Oil Code by the Oil Committee of Huntington Beach pursuant to a meeting held by said committee on October 7, 1971. These changes should be considered as part of the proposed oil code text . Most of the changes involve matters which increase the enforceability and legality of said code; a few cover matters that were erroneously left out of the original text . Respectfully submitted, DON P. BONFA City Attorney DPB:bc Attachment OIL CODE CHANGES The following textual changes have been made to the pro- posed Huntington Beach Oil Code by the Oil Committee of Hunting- ton Beach pursuant to a meeting held by said committee on October 7, 1971. These changes should be considered as part of the pro- posed oil code text . 2321 . EXISTING WELLS; EXCEPTIONS FOR PRESENT BONDS . Except as to oil bonds existing on the effective date of this oil code which satisfy the requirements of the previous Huntington Beach Oil Code, a bond in the form required by this article shall be filed for each well drilled prior to said effective date of this chapter, which has not been "abandoned" prior to said effective date in accordance with the standards and laws of the State of California and the requirements of the Huntington Beach Ordinance Code. 2371. ADD the following sentence to conclusion of this section: "The creation and/or maintenance of a public nuisance hereunder shall constitute a violation of the Huntington Beach Oil Ordinance . " 2371. 1. ADD subsection (7) to Section 2371 . 4 to read as follows : . "No property owner shall be held liable for the cost of nuisance abatement unless said owner is also conducting oil oper- ations on the property upon which the nuisance exists . In those cases where an oil lease supersedes the right of the property owner to come upon the leased premises and effectuate work thereon, the cost of nuisance abatement thereon shall be assessed only against such leaseholder. " 2311.7 . DELETE from code . 2348. First sentence to read as follows : "The requirements of Sections 2344 . 1, 2345, 2346 and 2347 are subject to the follow- ing: 2361. ADD: (3) Injection or disposal wells shall not be deemed idle pursuant to the above subsections (1) and (2) . 2362 . ADD: (4) Oil operators and/or buyers of gas from wells in Huntington Beach shall be required to meter such gas for inspection and review by the Oil Field Superintendent when the latter requests same . N - , A 1 RESOLUTION OF-: TIIE BOARD OF SUPERVISORS 2 OF ORANGE_ COUNTY, CALIFORNIA 3 October 26, 1971 4 On motion of Supervisor Caspers, duly seconded and carried, the 5 following Resolution was adopted: .: n 6 WHEREAS, the City of Huntington Beach � - --`& a new oil 7 code ordinance for the City of Huntington Beach; and ' 8 WHEREAS, the City •of Huntington Beach's new oil code ordinance 9 " is a commendable governmental regulation of a serious pollution problem; 10 NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors 11 does hereby commend the City Council of the City of Huntington Beach 12 for proposing their non-productive Oil Well Ordinance. 13 BE IT FURTHER RESOLVED that the Board of Supervisors of Orange 14 County supports the adoption of the aforesaid Ordinance by the City J W F 15 Council of the City of Huntington Beach. W° ° - - -U - UU LLFW 16 LL Z - °Z 00 17 u 18 19 20 AYES: SUPERVISORS RONALD W. CASPERS , DAVID L. BAKER, WILLIAM J. PHILLIPS , RALPH B. CLARK, AND R. W. BATTIK 21 NOES: SUPERVISORS NONE 22 ABSENT: SUPERVISORS NONE 23 s 24 STATE OF CALIFORNIA ) ss. 25 COUNTY OF ORANGE ) 26 1 ' WILLIAM E. ST JOHN, County *Clerk and ex-officio Clerk of the Board of Supervisors of Orange County, California, hereby certify that 27 the above and foregoing Resolution was duly and regularly adopted by the said Board at a regular meeting thereof-:held on the 26th day of 28 October 19 71 , and passed--,— '.:a•::u�toniimous vote of said oar o _ 29w. IN WITNESS WHEREOF, I have';hereunt_o.,`set, my•azand and seal this 26th 30 day of October 19 71_ WIL. IAM E. ST JOHN 31 County .Clerk land ex-officio Clerk of the- Board` of Supervisors of 32 .Orange .•County, California f TPC:lb resolution No. 71-1209 rC " Commendation of Huntington By % F 1031-1 Beach City Council and Deputy OR support of Oil Well Ordinance C 1 ! RESOLUTION OF THE .BOARD OF SUPERVISORS 2 OF ORANGE. COUNTY, CALIFORNIA 3 October. 26, 1971 4 On motion of Supervisor Caspers, duly seconded and carried, the 5 following Resolution was adopted: - 6 WHEREAS, the City of Huntington Beach has enacted a new oil 7 code ordinance for the City of Huntington Beach; and 8 WHEREAS, the City of Huntington Beach's new oil code ordinance 9 ' is a commendable governmental regulation of a serious pollution problem; 10 NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors 11 does hereby commend the City Council of the City of Huntington Beach 12 for proposing their non-productive Oil Well Ordinance. 13 BE IT FURTHER. RESOLVED that the Board of Supervisors of Orange 14 County supports the adoption of the aforesaid Ordinance by the City J � oz ; 15 Council of the City of Huntington Beach, W3� W 16 LL ~ Z ; 0 Z a 0 0 17 0 18 19 20 AYES: SUPERVISORS RONALD W. CASPERS , DAVID L. 11kKER, WILLIAM J. 21 PHILLIPS , RALPH B. CLARK, AND R. W. BATTIK NOES: SUPERVISORS NONE 22 ABSENT: SUPERVISORS NONE 23 24 STATE OF CALIFORNIA ) ss. 25 COUNTY OF ORANGE ) -. 26 I, WILLIAM E. ST JOHN, County Clerk and ex-officio Clerk of the Board of Supervisors of Orange County, :California, hereby certify that 27 the above and foregoing Resolution was duly .and regularly adopted by the said Board at a regular meeting thereof.-:held on the 26th day of 28 October 19 71 , and passed 1s '.:g.::ua�imous vote of said Boar- . 29 IN WITNESS WHEREOF, I have_h-ere_unto..:set.,;my.hand and seal this 26 h 30. day of October 1971 - ;r� WILY;LAM E. ST JOHN 31 , r, County .Clerk. and ex-officio Clerk o =•, of the Board= of Supervisors of 32 Orange ..County, California TPC:lb Resolution No. 71-1209 Comwndation of Huntington By � F 1031-1 Beach City Council and Deputy cRs support of Oil Well Ordinance RESOLUTION NO . 3305 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PETITIONING THE STATE LANDS COMMISSION TO HOLD PUBLIC- HEARINGS WITHIN THE CORPORATE LIMITS OF THE CITY PRIOR TO ISSUANCE OF PERMITS -FOR. THE EXPLORATION OR EXPLOITATION. OF OIL AND GAS RESOURCES BE IT .RESOLVED by the City Council of the City of Huntington Beach that the City Council petitions the State Lands Commission that said Commission hold a public hearing within the City of Huntington Beach prior to the issuance of ' any permit for the exploration, or exploitation, of oil and gas resources on the tide and submerged lands within the corporate limits of the. City of Huntington Beach. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of March, 1971 . Mayor ATTEST: City Clerk APPROVED AS TO FORM : City Attorne . . Y OFFICE MEMORANDUM To Doyle Miller, City Administrator Date February 10, 1971 From Vincent G. Moorhouse, Director !n Re Mud Pump Harbors, Beaches, & Development Pursuant to your instructions at the Administrative Action Committee meeting on February 4, 1971, I am hereby submitting my recommendations for short term solutions to the mud dump problem. A meeting was held in my office on February 9 with the following individuals in attendance: Jim Wheeler, Director-Public Works; 011in C. Cleveland, Director-Building d Safety; Dick Jones, Asst. Director-Building d Safety; Herb Day, Oil Field Superintendent; Mike Miller, Deputy City Attorney; and myself. The purpose of the meeting was to review the various alternatives on existing city laws and the unique background of this situation. After reviewing various possible solutions, we arrived at the following conclusions: 1. Definition of the Problem - the continuation of this type of operation has created a definite problem for the residents in that particular part of the city. The owners of the property are aware of public sentiment and have operated this business at the location for numerous years. The City Council has received a signed petition from residents and taxpayers within the city asking that the problem be resolved and the operation discontinued. They have further inquired as to the encroachment of the operators on the public right-of-way. The operator has been notified by the Water Pollution Control Department that materials were being deposited that were not permitted. 2. Investigation by City Staff a. City Oil Field Department has taken samples and are continuing to take samples of materials being deposited. b. The Public Works Department has investigated the encroachment by the operators on public right-of-way. The boundary survey of subject property revealed the following: (1) Hamilton Avenue: No encroachment at the Hamilton-Magnolia inter- section. Three and one-half (3�) feet encroachment into Hamilton at the Westerly end of fence line. (2) Magnolia Street fence line on property line. No encroachment. During the rainy season, materials erode from the dike onto Hamilton. City crews are required from time to time to clean storm drainage ditch between dike and Hamilton Street. c. The city attorney and oil field inspector will make visual inspection of rear of property between flood control channel and dump for possible public nuisance, litter, and debris. At the same investigation, they will check properties adjacent to the mud dump for same conditions. 3. Recommendations - after reviewing the above information and discussing this matter very thoroughly with all departments involved, I would like to make the following recommendations: a. In accordance with the February 1 report from Mr. Mike Miller, Deputy City Attorney, to City Attorney Bonfa and yourself, I feel that due process of law should be followed and that we follow Mr. Miner's recommendation that a civil action be considered by the Council in the name of the people 1 Mr. Doyle Miller -2- February 10, 1971 of the State of Californitt to abate a public nuisance. This is in accordance with Section .731 of the Code of Civil Procedure. To accomplish this, it is imperative that all the facts become known and that allPe—re ties involved b 1.V-0�3 h^- ^ ^r*+mitt' tom_ ra ate their case. ore, I recommend that the City Council set pu lte-ITearing-within thirty (30) days for the purpose of deter- ning if there is a publics nuisance. b`:—Rec-ommend--that—the-- earing be set at Edison High School and legally notify all individuals whose names appear on the petition. The Steverson Brothers should be advised of the hearing by registered letter. After the hearing, if the Council determines that a public nuisance does exist, they could then authorize the attorney to seek an injunction to abate the nuisance. c. Mr. Wheeler will advise the Steverson Brothers by letter that their dike system is infringing on public right-of-way. d. Mr. Cleveland will advise the operators of the existing laws and the permits required for any future work that might be conducted on the dike system. e. If the aforementioned recommendations are followed, due process of law could be exercised with the least amount of risk to all parties. There is the possibility that the courts would not uphold the decisions of the City Council. However, the legislative process will have to be followed. In the meantime, Mr. Wheeler and the staff will pursue the time consuming task of researching longer term solutions to the problem. Some of the proposals will be in the following areas: (1) Devise a chemical method to solidify the materials and make dumping on the property economically feasible. (2) Create a method of depositing the material in county cut and fill projects through cooperative program with the County Board of Supervisors. (3) Work with the Western Gas and Oil Association and the .oil inspector in finding the solution to disposal of this industry's waste products. 4. Conclusions - if the above recommendations are adopted by the City Council, it will allow the following: a. Due process of law to take place. b. It will clearly indicate to the citizens of Huntington Beach that the City Council and staff have assumed a leadership role in resolving this particular problem. C. It will provide the necessary time for staff to research alternative solutions. d. It will allow the city and the owner an opportunity to jointly solve the problem and possibly avoid lengthy litigation which could be costly to both parties. Mr. Doyle Miller -3- February 10, 1971 5. Exhibits - the following exhibits were collected and used in formulating this report: a. Ltr to Steverson Brothers from James R. Wheeler dtd 2/9/71 b. Memo to Vince Moorhouse from 011in Cleveland dtd 2/8/71 C. of 11 of James Wheeler dtd 2/8/71 d. " of " Herb Day dtd 2/8/71 e. " Don Bonfa and Doyle Miller from Mike Miller dtd 2/l/71 f. Memo to Doyle Miller from Vince Moorhouse dtd 1/20/71 g. if " Ken Reynolds from Willis Mevis dtd 11/18/70 h. Ltr to Steverson Brothers from H. G. Osborne, File No. MS61.00 i. Memo to Don Bonfa from Ken Reynolds dtd 10/23/70 j. Copy from Assessor's Map Book 114, Page 15, County of Orange k. Copy of Industrial Waste Disposal Permit No. 98-A, dtd. 4/8/61 from Wm. Fitchen, Director, Water Pollution Control Department Vincent G. oorhouse, Director Harbors, Beaches, & Deveopment VGM/pr Attachments: As above i C 4_ y 4 August 31 , 1970 Mr. Paul Jones City Clerk Huntington Beach, ' California Dear Mr, Jones : Mr. Doyle Miller suggested that I appear before the City Council to resolve the Variance Problem on the Corf ino Well. I respectfully request to be placed on the agenda for the next meeting of the City Council. Thank you for your attention to this matter. i Sincerely, xVN .� j A,C. Marion li ACM:kk I, f i i i h CARLTON BEAL 104 SOUTH PECOS MIDLAND,TEXAS _._.r. . ....,_.._.,.�,.._.._........... .�. ,. PHONE MUTUAL 2-377b3 Ejf' `(�, June 26, 1969 BY CCUiNCD �oyp.�j�{yjj AA A ate' ........ ._---4..................... In re: Oil and Gas Lease ,:,L-ots 21, 23 - Block , 17th Street Section Huntington Beach, California City Council Huntington Beach California Huntington Beach, California. 92646 Attention: Mr. Herb Day, Oil Administrator Dear Mr.. Day: This is to formally request permission to transfer Oil, and Gas Lease on the above described property from Carlton Beal, et al, to Mr. Jake Mutz. This request is being delivered to you by my representative, Mr. A. H. Trester, and I would appreciate your giving him your answer. I -you, ON L 2 CB/yt. I v A0�� MWO and Ontgorma Woe tho (my at dulpated rim @: Emil r.I mra, as to Ek nu "&ass dated "optciubsr 2t V;47: r-s l"R 6 InPao �3fflala1 Roo.),% of O 4 s �� �� ������ �:�e a erlw LOU (211, and ff}wem 7'.A Jo•W'T Brock 616, Baawb Save Fe tka latreet 86010% iu the City, Of lie-at!� Zfb0 c°cuaY'-.i or Orpmgc SWIM Of ��.a�����g, 68 per rap thereaf filal in she oS floo of the r'amty Recorder 'age �0� mi p3 q Re*oV.z j O �Xwais L��. r 27 �,] y .y yam. WH S� T,-rj SA�eR�5 er and .:thmmoa sa w,j a Llmltad Partner ,, pq .dg by ar: a. agawnt &mtod Ind „m� lams- assign Ww 1nuwast tp9' F d Harvr Hunter wad Aem?iazteatj a mIted Partnershlpo to CapItc,zi Bmlv a died wml lam BIN ampwWa pn--perty§ said Carlton Beal ;'Eel )hsralD. dasigr .ted as L4iiaz ,� and said assign- MD", belzig, tm Jut �, , al11,01al Room& r a tS w.l 1eszoes S "d -to the all Saa 1 06 above rrof®:ffed U3 W: '► V a pawing 013 VVUO city fte 1t has baon I Walled 'upon tW, pr op* y cove by @AAA lea , arA the pasted � i available aarkat pr1ro in the d1iat at In VhIchtba prealsom avo i lit@d� fag- ant-de 011- a tho gwt ty W*awwd flan said wonf, is loss the 51.e 5O peT l; and I that the r4yalty pkyablo to the ML7 wAmr said lease bo radvaed to cme-eighth (1/8) ac long t_a the pa& ;-ad a'ailablo market p for said cue ail is less thm 8140 per 11 9 RAM $ JU canside tiara of the pranises g it &S ho-veby agread by the yartlas that the sbm wntica- edk iss notified as follovas 1, Th&A the 1 vimrs' ream wad In said lei shall be onewsix` (1/6) ar, train pravid � cave and ezaept tbat whoa the pasted available f-set P3400 in the Hwnatlngton Be a& ftel q for crude ail of the gvgavity predmood br said wall, aMn be less the $10 50 pay barrolo the lmd rol ro X4? Bh RU be reduced to ( 8), & d aMII wmalln at ane-Gishth ( 8) til the prjaQ a tM- cr;Ae ail of the grwtrity prcftwed b7 said well ahall °ea.&, tha posted pries of a1*50 av =we per barmle 2, That in the avocet arx d wmll pyoduseo less, Umn fITO ( 3 barrels of arude *U, a 4V drug any ow wnthq Lasrae ah&Uo .thin t po:iAod of six (*) maths tkjora teipc, reec adlUon sald wellp and should Law�ee wit reeandi ion @aId Woo th"Ln 8914 aix-menths p@riaa q aav* shall lmm.AUtaly a- beadan tho woU In aaeorftnca with all Imawm 9 05 s yegulat1wa g EMA the a d.�ftq of the pi ty of h*- ti ig k cols, e tUe. props-ty a qLASWAIM to tha City at :MUn t the ti �t? .3JL 16 t� C164 E7� Z� ll ' m'dli:L LH t9sbd Well lY146 tUr, CYti3 d , M&M3 YQP:Lodv as provI&Ain vams'nPh nwbared 2 above c aM amid vell does not pr ose or wn bamlv of cue WU day ftr a ressomble yegicd of t after said roconditioningo Lessee agrees to a n the wil aO. qmlta lz ` bAA property, as ads p vide , mm and real to be hereunto seed by Its Mayor and City Cidij;j thereto da;y autharlsed, aad Lassee Me harawft oet b-Ca m of too Uy and year In this Agmawnt f1pst above writ a, CIIX CF ffMINGTON B&;.CHe A Mmialpal C'0 ATTEM GPIE C aar t®r 0a Lam 3s Big -:W, y o,-w l CYA VU4 , Vt ^�' R4. Li• Y` a^i'3S� • a �ta,y Publf. and or &RI O` 9 ate, awtes parsonally d C.AW, BELLO cam"a to ba owaccm whowe thsa to oxacl same &A State MIA `G'S JOHN C.STENNIS,MISS.,CHAIRMAN RICHARD B.RUSSELL,GA. MARGARET CHASE SMITH,MAR. STUART SYMINGTON,MO. STROM THURMOND,S.C. EN HRY M.JACKSON,WASH. JOHN G.TOWER,TEK. 5AM J.ERVIN,JR.,N.C. PETER H.DOMINICK.COLO. HOWARD W.CANNON,NEV. GEORGE MURPHY,CALIF. STEPHEN M.YOUNG,OHIO EDWARD W.BROOKE,MASS. "Gaff eb Ziof em Zertiaf e DANIEL K.INOUYE,HAWAII BARRY GOLDWATER,ARIZ. THOMAS J.MCINTYRE.N.H. RICHARD S.SCHWEIKER.PA. HARRY F.BYRD,JR.,VA. COMMITTEE ON ARMED SERVICES T.EDWARD BRASWELL,JR.,CHIEF OF STAFF WASHINGTON,D.C. 20510 i v CHARLES B.KIRBOW,CHIEF CLERK February 27, 1969 Mr. Paul C. Jones City Clerk City of Huntington Beach Post Office Box 190 Huntington Beach, California 92648 Dear Mr. Jones: Thank you very much for your letter and enclosed resolution recently adopted by the City of Huntington Beach. I am enclosing for your information a statement I delivered before the House Public Works Committee dealing with the Santa Barbara situation. You may be assured that I am most concerned about this problem, and I do appreciate very much having the benefit of the Council' s ruling as evidenced by the resolution. Sincerely, George Murphy F- i (ton . ressloonal 'Record United States 9 of America PROCEEDINGS AND DEBATES OF THE 9 I $' CONGRESS, FIRST SESSION Vol. 115 WASHINGTON, MONDAY, FEBRUARY 17, 1969 No. 27 Senate SENATOR MURPHY TESTIFIES ON The story out of Santa Barbara has been Fifth, present water pollution control leg- TWO CALIFORNIA DISASTERS front-page news for approximately two islation dealing with the spillage of oil and weeks. And well it should be. While the Other hazardous materials is clearly lnade- Mr. MURPHY. Mr. President, on spewing of 230,000 gallons of oil on any area quate. Financial responsibility must be Thursday,February 13, the House Com- would be a tragedy, I am certain that you placed on the owners and operators of both mittee on Public Works,which responded who have seen and,therefore,fallen in love ships and shore facilities.Present law limits so timely to recent California disasters, with the picturesque and scenic coastal city liability to dischargers who are "grossly of Santa Barbara and surrounding area will negligent or willful." I supported legislation was kind enough t0 permit me to testify feel; as I do, a particularly deep sense of which passed the Senate establishing the before them. : personal loss based on your affection for responsibility of the responsible party to I ask unanimous consent that my the area. either clean up or authorize the government statement discussing the recent Califor- While all of the facts and evidence are to do it and later recover the costs from the nia floods and the Santa Barbara dis- not in yet, I would make the following rec- party responsible. I urge congressional ac- aster be printed in the RECORD. ommendations: tion on this legislation, similar to that in- First, as the Nixon Administration has troduced by Senator Muskie of Maine in the There being no objection, the state- ordered, all drilling should stop. The cessa- Senate and Congressman Teague of Califor- merit was ordered to be printed in the tion of drilling at Santa Barbara should con- nia in the House of Representatives. RECORD,as follows: tinue until we can make certain that disas- Sixth, while clearly establishing the re- STATEMENT OF SENATOR GEORGE MURPHY,RE- ter&of this kind will not again occur in the sponsibillty of polluters to bear the cost of PUBLICAN OF CALIFORNIA, HOUSE PUBLIC future. It should be pointed out that Santa clean up, we should also establish an in- WoRxs Commr=m, Two SUBCOMMITTEES Barbara citizens have been proven right, surance system tocover the costs growing MEETING IN CALIFORNIA, FEBRUARY 13, 1969 much to their regret,in their reservations re- out of oil spillages. Mr. Chairman and members of the Com- garding the beginning of the drilling op- Mr. Chairman, there are more than 12,000 mittee, I want to thank you and the Com- ¢ration a year ago.I am pleased that Presi- oil wells off'the United States'coast and the mittee for allowing me this opportunity to dent Nixon has announced that these "res- number is growing by mote than 1400 each testify before you today. Your kindness and ervations" will be fully re-examined when year. The number of oil drilling platforms courtesies are deeply appreciated. Also, I the panel, headed by Dr. Lee DuBridge, the in the Gulf of Mexico, I understand,has be- want to thank you on behalf of the people President's Science Advisor, undertakes its come so great that the United States Coast of California for a timely response, as typi- study which will include methods to prevent Guard and the Army Corps of Engineers with fied by your field hearings in our State, to "sudden and massive" oil pollution in the the cooperation of industry have found it the two recent tragedies that have struck future. necessary to establish fairways for ship travel California. Secondly, I understand that this disaster in and out of the Gulf ports. These two terrible disasters, one natural would not have taken place under Califor-_ The lessons of Santa Barbara are that we and the other man-made,which have brought nia state law and regulations. California, as must stop, look, and make certain that all so much personal suffering and inflicted so the Committee knows,has jurisdiction only possible steps are taken to guarantee as much much damage, demonstrate our limited over leases within_ a three-mile limit off the as possible that similar disasters will not re- knowledge and our inadequate procedures California coast. The oil problem at Santa sult.Californians,,because of the State's long for preventing and dealing with,damaged re- Barbara, occurring beyond the three-mile and magnificent coast and because of the sources when disaster hits. limit,was under the jurisdiction of the fed- water problems o2 the West,have always been The recent natural disaster resulted from eral government. Further, I understand the keenly aware of the importance of water and nine days of rain, causing the worst floods governing federal regulations are fifteen the dangers of pollution.As Committee mem- in our State since 1938. It is estimated that years old and have not been upgraded or sub- bers probably know, I had the pleasure of the January flooding caused damages ex- jected to a full-scale review during this long serving on the Senate Public Works Com- ceeding $100 million and 88 .persons are period. That this should be the case,despite mittee, and more particularly, on the Sub- known to have lost their lives. Although we the proliferation of offshore drilling activity, committee on Air and Water Pollution,up to are unable to control the forces Of nature, to me, -is shocking. I am pleased that the this year.As a member of the Subcommittee we must continue to press forward with our DuBridge panel will review the inadequacies on Air and Water Pollution,I have supported research In the various inter-related parts of of existing regulations for all wells operat- all the measures designed to accelerate our . our environment and their relationship to ing off the coast of the United States and nation's battle against pollution. our weather and natural disasters. will suggest regulations needed to prevent fu- I have frequently stated that pollution,' There is a great deal of evidence to suggest ture disasters from occurring. both air and water,is one of the most serious that bills enacted and resultant actions Also, because the Santa Barbara oil flow domestic problems confronting our country. taken in the area of flood control, erosion, demonstrates that oil does not respect the With the growing population and expanding and public works improvement in general federal three-mile boundary and because technological society, we are told that even have frequently prevented disasters and have states have a vital interest to see to it that with stronger pollution control programs,- helped to minimize the damage resulting their beaches are not polluted,I recommend pollution is likely to increase in the future. therefrom. Senator Randolph, the distin- that oil leases under the jurisdiction of the The Commission on Marine Science, En- guished chairman of the Senate Public Works federal government be made to comply with gineering and Resources,to which I previous- Committee, early last week estimated that state regulations and be subject to state in- ly referred,in its report,"Our Nation and the "flood control structures authorized by Con- spection where the state regulations are Sea," noted the promises and potential of gress and built by the Corps of Engineers stricter than the federal standards. the oceans.In addition to calling for an ac-- prevented an excess of $11/4 billion in dam- Thirdly, the Santa Barbara Incident has celerated ocean development program, the, agesto urban and suburban areas over the underscored once again the need to accel- Commission rightly gave equal emphasis to State of California." So, such programs of erate a research development and testing an attack on water pollution problems. The your Committee are surely a wise investment program to increase and improve our cape- natural disaster in the form of the floods and by the American people. bilitfes for preventing, controlling, and the man-made disaster at Santa Barbara Congressmen Johnson,Clausen and Ander- cleaning up of oil spills end other hazardous drive home the significance of one of the son and other members of the California del- substances. I recommend an amendment to Summary statements of the Oceanographic egation have introduced in the House of the research section of the Federal Water Oomralssion—"It is critical to protect man Representatives."The California Disaster Act Pollution Control Act to authorize an addi- from the vicissitudes of the environment,and of 1969." I have introduced a companion tional $5 million for the acceleration of re- the environment,in turn,from the works of measure,S.993,in the Senate.This bill pro- search on marine pollution problems, such man•" This is the challenge that we must vides assistance to the State of California for as that posed by oil spillages. This was one meet.Thank you. the reconstruction of areas damaged by re- of the recommendations of the Commission cent storms, floods, landslides, and high on Marine Science, Engineering, and Re- waters.I urge early passage of the"California sources, the Commission which earlier this Disaster Act"so that needed assistance may year issued a report charting the future di- be given to California to help us repair the rection of the nation's ocean exploration damages resulting from this great natural efforts. disaster. Fourth, I urge that contingency plans be As part of the Omnibus Rivers and Har. developed at the local, state and regional bors Bill of 1966 an amendment authored levels to provide for a quick response to oil by me authorized a study of landslides, spills and similar disasters. I understand soil erosion, surface and 'sub-surface drain- that no such plans presently exist today. age conditions, flood control, and seismic This is a serious deficiency in our pollution disturbances. The amendment directs the control arsenal and should be remedied im- Corps of Engineers to work in cooperation mediately.In my judgment,such contingent with the United States Geological Survey of plans should be an integral part of the state the Interior Department in conducting this and federal water pollution control pro- study. The recent natural disaster again grams. points out the urgency of the landslide prob- lem in this area,and and I urge the Committee to do everything possible to accelerate the completion of this study. s RESOLUTION NUMBER 1728 ESOLUT OF THE CITY COUNCIL OF THE CITY OF SEAL BE IFORNIA, A CHARTER CITY, REQUEST- TE LEGISLATURE TO ENACT LAWS TO PROVIDE FOR THE TERMINATION OF UNPRODUCTIVE OIL LEASES. WHEREAS, portions of the City of Seal Beach are located adjacent to oil fields; and WHEREAS, the development of oil fields frequently leads to a number of unproductive oil wells and leases; and WHEREAS, the fee owner of such properties must pay property taxes., mortgage payments and special assessments, often without receiv- ing commensurate royalties and being unable to develop or profitably use his property; and WHEREAS, the fee owner in all too numerous cases cannot free him- self of this burden and obtain clear title to the property without paying undue sums of money to the oil lessee, which price often has no relation to the value of the lease for oil production; and WHEREAS, such situation not only is unfair and inequitable to the fee owner, but also burdens the public by inhibiting the highest and best use of the property, thereby depriving governmental agencies of needed tax revenues, and impeding the commercial and residential development of the surrounding area; and WHEREAS, this same problem is shared by the numerous other California cities which have oil fields or portions thereof within their boundaries and is an urgent matter of statewide concern: NOW, THEREFORE, the Council of the City of Seal Beach does hereby resolve as follows: Section 1. The Council of the City of Seal Beach requests the State Legislature to enact statutes which will provide for the involuntary termination of relatively unproductive oil leases and the release of the surface rights to the fee owners. Section 2. That the League of California Cities is hereby requested to actively sponsor adequate legislation. Section 3. The City Clerk is hereby authorized to send copies of this resolution to the City's representatives in the legislature and to the League of California Cities, and to the mayor and city council of California cities which have substantial numbers of oil wells within their boundaries. PASSED, APPROVED, AND ADOPTED by the City Council of the City of S=al Beach at a meeting thereof held on the 4th day of November, 1968, by the following vote: AYES: Anderson, Dreis, Gummere, Fuhrma amilton NOES: None r ABSENT: None _ Mayor ATTEST: Jerdys Weir City Clerk 1 ORDINANCE .NO. C-4257 2I 3 AN ORDINANCE-AMENDING ORDINANCE NO 4 C-3600, KNOWN AS. THE LONG -BEACH MUNICIPAL 5 CODE, BY ADDING THERETO SECTIONS 3300.90.1 6 THROUGH 3300.90.9, RELATING TO THE DEFINI- 7 I TION OF AN IDLE WELL AND THE REQUIREMENTS 8 WITH RESPECT TO THE REMOVAL OF THE EQUIPMENT 9 I THEREFROM 10 ( 11 The City Council of the City of Long Beach ordains as 12 . 1 follows : . f 13 I� . Section 1. That Ordinance No. C-3600, as amended, Z_ 14 I known as the Long Beach 'Municipal Code, is amended by adding om ZZ 15� ( Sections 3300.90.1, 3300.90.2, 3300.90.3, 3300.90.4, 3300.90.5, oZ � N� J r< W_..Ju °°NNW 16 3300,90.6, 3306.90.7,. 3300.90.8 and 3300.90.9 to read: a S O y p (L r J z� 18 SECTION 3300.90.1 - Idle Wells Defined - A well 19 shall be an idle well: 20 A. Unless ,it has produced one or more barrels. 21 I �I of oil or other hydrocarbon substances or ten thousand ; 22 li or more cubic feet of gas within any twelve month i I . 23 period on or after January 1, 1962. II 24 B.. Where there has been a cessation of produc- 25 tion therefrom of of �I_ 1, gas or other hydrocarbon sub- ( 26 stances with an intent_4of the permittee thereof to 27 permanently cease production. The removal from the 28 I drillsite of any part of the equipment or machinery 29 necessary- for the production of oil or p gas, including 30 but not limited to the pumping unit, rods or tubing, 31 shall be prima facie evidence of the intent of the 32 . 1 I permittee to permanently cease production, and there- I 2 upon the permittee shall have the burden of proving 3 i that a well was not an idle well. The presence at 4 the drillsite or the operation of a derrick, drilling 5 rig or other oil well drilling or production .equipment 6 shall not be evidence of production of oil or gas. 7 I C. Where the drilling, redrilling or deepening 8 of a well has been commenced and it has not produced 9 !� one or more barrels of oil or other hydrocarbon sub- . I 10 �I stances or ten thousand or more cubic feet of gas 11 I within twelve months thereafter. i 12 D. Unless it is located in a subsidence area 13 under the provisions of the Public Resources Code. 14 I E. Unless the permittee is retaining the well OGQ 15 �I for use. under a repressuring plan which has been N J a w_ ruw 16 approved by the Division of Oil and Gas of the State I Z C Z C a= 17 of California. Qu J V Z 18 i 19 (i � SECTION 3300.90.2 - Notice of- Idle Well - When- 20 ever in the opinion of the Building Inspector a well i 21 is an idle well, he shall- send notice thereof by regis- � I .22 II tered mail to: j I 23 (a) The owner of the fee simple interest in the . 24 land on which such well is located as shown on the 25. last equalized assessment roll of the City; and i 26 (b) The permittee of such well. 27 28 I SECTION 3300.90.3 - Removal of Equipment from 29 II Idle Wells Within ninety days after (1) the Building 30 'j Inspector has sent notice of an idle well, or (2) a 31 notice of intention to abandon a well has been given 32 I to the State Divis:bDn of Oil and Gas by the owner or 2 1 permittee pursuant to -the provisions of the Public ! I 2 Resources Code of the State of California. The owner 3 or permittee shall remove all equipment, machinery, 4 i derricks, pumping units, motors, engines, tanks, sumps, 5 buildings, sheds and structures previously used to 6 II operate such well and shall clean up the land on which II 7 such well was located. 8 l 9 SECTION 3300.90.4 - Suspension - The provisions 10 of Section 3300.90.3 shall be suspended from the date i 11 it an application for a decision or exception is filed 12 �+ with the City Council as provided in Section 3300.90.5 13 until the decision is rendered or the exception is Z 14 granted or denied. N 15 W SIl 4: I - ° � i6 I! SECTION 3300.9005 - _Application for Decision or Jzo."o w - 17 Exception - Within thirty days after notice of an _ I I �< zj 0~ 18 i idle well is sent as provided in Section 3300.90.2, 19 the owner or the permittee thereof may apply to the 20 li City Council (1) for a decision that the well is not I 21 an idle well as defined in Section -1300.90.1. or i' 22 I (2) if such well is an idle well, or an exception to 23 .!I �I the provisions of Section 3300.90.3. Such applica- � 24 .tion shall be filed with the City Clerk and shall be 25 I I� accompanied by a fee of thirty-five dollars to cover 26 the cost of publication and servicing of such applic.a- I 27 �� tion, and shall include such information as prescribed 28 I y the City Council. The fee shall be remitted to the II y 29 applicant in the event that the City Council finds 30 that such well is not an idle well. 31 ' 32 SECTION 3300.90.6 - Hearing - Upon receipt of an 3 1 application for decision or exception the City Council 2 shall set a date, time and place for a public hearing 3 thereon before the City Council and shall_ send notice 4 thereof to the applicant and to all persons having an 5 interest in the land on which the well is situated as i 6 shown on the Last equalized assessment roll of the 7 City. The City Council may conduct a hearing in an 8 I� informal manner and the rules of evidence shall not 9 apply. The hearing may be adjourned to a future time ,I 10 at the discretion of the City Council without giving 11 ` further notice other than an announcement of the City 12 I Council of the date, time and place of such adjourned 13 hearing. � 14 rJp sv I Z° 15 SECTION 3300.9.0.7 - Decision of City Council - U z r. �Ja�` I w J1U , I o- _N= 16 At the conclusion of the hearing on an application for Z V V 7 W 6 1 17 (� a decision that the well is not an idle well, the City o< or 18 Council shall decide whether or not the well is an U 19 idle well in accordance with the provisions of Section 20 3300.90.1. If the City Council decides that the well �I II 21. I is an idle well, the owner and the permittee thereof 22 shall comply with the provisions of Section 3300.90.3. I 23 I �` I' 24 II SECTION 3300.90.8 - Grant of Exception - A. At '{I I, 25 the conclusion of the hearing on an application for an l+ 26 ; exception the City Council shall deny the application �I 27 �` or grant the exception in whole or in part as applied I 28 I for. The exception may be ranted b the City Council P Y g Y Y 29 ( if in the judgment of the City Council: b Y 30 (1) The applicant has shown good cause why there I 31 has been no production for the aforesaid twelve months' 32 or more period or otherwise why there has been a 4 :r J 1 cessation of .production; and 2 (2) There are practical difficulties or unneces- 3 sary hardships resulting from the strict enforcement 4 I of this Article; and 5 �' (3) It will not be materially detrimental to the 6 i public welfare to the owners of the adjac-ent property I 7 I' and to the rights of owners of the fee simple interest 8 ;I in the Y� ro ert • and II P P O i� (4) It will not substantially interfere with the '10 orderly development of the City as provided under .11 I Article IX - Planning and Zoning, of this Code. 12 1� B. If the exception is granted, the City Council 1.5 may impose thereon such conditions as it may deem 14 �� reasonable and proper. Unless stated otherwise by the �a °'M 15 �I City Council, the exception shall be for a period of °° = 16 two years from the date of application therefor. If JzC.Uc I W�° W 17 �� the City Council shall deny the application for an ex- 18 li ception, the owner and permittee shall comply with 19 `. provisions of Section 3300.90.3 immediately._ 1 20 21 j SECTION 3300.90.9 - Conclusively Idle Wells - 2.2 Notwithstanding any other provision of this Articie to 23 �1 the contrary, in the case of a well for which a notice 1 I 24 of intention to abandon has been given to the State I, 25 Division of Oil and Gas pursuant- to Section 3229 of j4 1 � 26 ` the Public Resources Code, or any amendment thereto, 27 �I such well shall be conclusively deemed an idle well, � .28 and (1) the City Council shall not make a decision that 29 such well is not an idle well, and (2) the City Council 30 shall not grant an exception in whole or in part to 31 Section 3300.90.3. 32 � . 5 1 I Sec, 2. The City Clerk shall certify to the passage 2 of this ordinance by the City Council of the City of Long Beach 3 and cause the same to be posted in three conspicuous places in 4 the City of Long Beach., and it shall take effect on the 31st 5 day after its final passage. 6 I (I 7 II I hereby certify that the foregoing ordinance was I 8 !! adopted by the City Council of the City of Long Beach at its 9 meeting of May 22 , 1962, by the following 10 �` vote: i 11 �i Ayes : Councilmen: KEALER .RE.ESE.BAIRD.SULLIVAN, 1: CROW,GRAHAM,BOND. 13 I h rt 14 ;i Noes : Councilman: NONE. -j r 15 Absent: Councilmen: S DONGB uRG,WADE. (I a WJSU, 00U- Z 16 I� ) JZ pU0 j,:f °a4 17 i" 18 U (SEAL) City Clerk 1.9 20 I! II 21 II 22 23 I� 24 ! II 25 26 I+ 27 ,I 4. I� I 29 II 30 31 I HAL:mlf 32 5-3-62 12__ 6 CITY OF LONG B E A C H MARGARET L. MOORE LOa9 Beach . California 90802 CITY CLERK - - A'ovembe r- Firs . 1 9 6 8 Mr. Paul C. Jones, City Clerk City of Huntington Beach P. 0. Box 190 Huntington Beach, California 92648 Dear Mr. Jones: Please be advised that your Resolution No. 28-�8 with reference to sup- port of legislation to terminate unproductive _oil and gas leases at the State level was considered by the City Council at its meeting of October 29, 1968 For. your information we are enclosing a copy of our Ordinance No. C-4257 pertaining to the definition of an idle well and the requirements for the removal of equipment therefrom, which may be of assistance to you. The matter of legislation at the State level in' this regard is currently under study by the office of the City Manager. itruly .yoursL. MOOREClerk- MINI:ss Enclosure r. f. i 1 i! ORDINANCE NO. C-4257 !I i! 3 1 AN ORDINANCE AMENDING ORDINANCE NO. ! 4 ; C-3600, KNOWN AS THE LONG BEACH MUNICIPAL 5 CODE, BY ADDING THERETO SECTIONS 3300.90.1 li 6 (i j THROUGH 3300.90.9, RELATING TO THE DEFINI- ! ! 7 j TION OF AN IDLE WELL AND THE REQUIREMENTS 8 WITH RESPECT TO THE REMOVAL OF THE EQUIPMENT Iil 9 !! THEREFROM I 10 11 The City Council of the City of Long Beach ordains as 1.2 ';i follows : 1 13 j Section 1. That Ordinance No. C-3600, as amended, 14 ii known as the Long Beach Municipal Code, is amended by adding 15 j; Sections 3300.90.12 3300.90.2, 3300.90.3, 3300.90.4, 3300. 90.5, 16 3300.90.6.1 3300.90.7, 3300.90.8 and 3300.90.9 to read: I Q0 ° 17 !� M 0 !. j1 �LL :- II ' e 18 i SECTION 3300.90.1 - Idle Wells Defined - A well 't J I+I it .. 19 it shall be an idle well: 20 A. Unless it has produced one or more barrels it 21 of oil or other hydrocarbon substances or ten thousand i 22 or more cubic feet of gas within any twelve month it 23 period on or after January 1, 1962. Ij !I 24 j! B. Where there has been a cessation of produc- `I 25_ �I tion therefrom of oil, gas or other hydrocarbon sub- -2 6 i stances with an intent of the permittee thereof to 27 permanently cease production. The removal from the 28 drillsite of any part of the equipment or machinery �I 9 I necessaryfor the production of oil or I p gas, including 30 but not limited to the pumping unit, rods or tubing, 31 shall be prima facie evidence of the intent of the it 32 i ! Z I permittee to permanently cease production, and there- Il 2 upon the permittee shall have the burden of proving +� 3 '�i that a well was not an idle well. The presence at 4 (i I the drillsite or the operation of a derrick, drilling I 5 rig or other oil well drilling or production equipment I 6 ! shall not be evidence of production of oil or as. I� g I� 7 C. Where the drilling, redrilling or deepening it of a well has been commenced and it has not produced I 9 one or more barrels of oil or other hydrocarbon sub- 10 it stances or ten thousand or more cubic feet of .gas 11 �� within twelve months thereafter. 12 !` D. Unless it is located in a subsidence area 13 under . the provisions of the Public Resources Code. I 14 E. Unless the permittee is retaining the well 15 '� for use under a re pressuring plan which has been P g P I r 16 approved by the Division of Oil and Gas of the State 17 'I of California. ' ° J 18 II It v � l =` 19 I' SECTION 3300.90.2 - Notice of Idle Well -. When- + 20. I ever in the opinion of the Building Inspector.- a well I! 21 is an idle well, he shall send notice thereof 'by regis- 22 tered mail to: 23 �j II (a) The owner. of the fee simple interest in the !i i 24 !I land on which such well is located as shown on the f 25 II last equalized assessment roll of the City; .and 26 II (b) The permittee of such well. ' 27 28 �I SECTION 3300..90.3. - Removal of Equipment from 29 Idle Wells - Within ninety days after (1) the Building 310 Inspector has sent notice of an idle well, or (2) a . i . 31 notice of intention to abandon a well has been given a 32 ; to 'the State Divisxi_m of Oil and Gas by the owner, or I L n. 2 1 permittee pursuant to the provisions of the Public 2 I Resources Code of the State of California. The owner 3- ! or permittee shall remove all equipment, machinery, is 4 !j derricks, pumping units, motors., engines, tanks, sumps, 7 j buildings, sheds and structures previously used to ; it 3 6 �j operate such well and shall clean up the land on which i 7 such well was located. 8 SECTION 3300.90.4 - Suspension - The provisions 10 !I of Section 3300.90.3 shall be suspended from the date It !I =A 11 li . an application for a decision or exception is filed 12 with the City Council as provided in Section 3300.90.5 13 until the decision is rendered or the exception is ! _ .14 granted or denied. II V; 15 I; i 00 16 j! SECTION 3300.90.5 - Application for Decision or . 17 Exception - Within thirty days after notice of an - '= = 18 j idle well is sent as provided in Section 3300.90.2, 19 the owner or the permittee thereof may apply to the 20 Ij City Council (1) for a decision that the well is not I 21 j an idle well as defined in Section 3300.90.1, or 22 Ij (2) if such well is an idle well, or an exception to !� 23 ji the provisions of Section 3300.90.3. Such applica- 24 tion shall be filed with the City Clerk and shall he. it �I I 25 accompanied by a fee of thirty-five dollars to cover v' 26 the cost of publication and servicing of such a lica- ;i P PP 3 27 it tion, and shall include such information as prescribed 28 ji by the City Council. The fee shall be remitted to the i I29 ( applicant in the event that the City Council finds 30 that such well is not an idle well. !I 31 �I 32 '� SECTION 3300.90.6 - Hearing - Upon receipt of an 3 . __•c.� .... - F�r.,.c�fi aS i -- tom;{ ��"� �F�'�'—�, °,�.:n:.r�� �:::- — _ �� _ ` I� 1 application for decision or exception the City Council !� 2 shall set a date, time and place for a public hearing 3• thereon before the City Council and shall send notice 4 �i thereof to the applicant and to . all persons having an 5 interest in the land on which the well is situated as i 6 I' shown on the last equalized assessment roll of the 7 !j City. The City Council may conduct a hearing in an ! 8 ! informal manner and the rules of evidence shall not li 9 I apply. ' The hearing may be adjourned to . a future time 10 at the discretion. of the City Council without giving 11 ;i further notice other than an announcement of the City a i 12 j Council of the date, time and place of such adjourned 13 I! hearing. j z 14 15 SECTION 3300.90.7 - Decision of City Council - it 1.6 fl i At the conclusion of the hearing on. an application for a°° "6 17 a decision that the well is not an idle well the City 5 18 li Council shall decide whether or not the well is an j, 19 'i idle well in accordance with .the provisions of Section 20 3300.90.1. If the City Council decides that the well I' II 21. II is an .idle well, the owner and the permittee thereof 22 �) shall_ comply with the provisions of Section 3300.90.3. 23 24 SECTION 3300.90.8 - Grant of Exception - A. At !I I� 25 i .. the conclusion of the hearing on an application for an I� I� 26 ;I exception the City Council. shall deny the application I. . 27 jj or grant the. exception in whole or. in part as applied 28 for. The exception may be granted by the City Council I 2 9 i if in the judgment of the City Council: 30 (1) The applicant has shown good cause why there 31 has been no production for the aforesaid twelve monthst 32 or- more period or otherwise why there has been a 4 t r I l cessation of production; and 2 (2) There are practical difficulties or unneces- sary hardships resulting from the strict enforcement 4 �I _ of this Article; and i 5 jj (3) It will not be materially detrimental to the `= 6 ;! public welfare to the owners of the adjacent property �I 7 , and to the rights of owners of the fee simple interest i 8 in the property; and y 9 (4) It will not substantially interfere with the . i 10 orderly development of the City as provided under. 11 1i Article IX - Planning and Zoning, of , this Code. 12 I. B. If the exception is granted, the. City Council M 13 !' may Impose thereon such conditions as it may. deem I' Y P Y - 14 y reasonable and proper. Unless stated otherwise by the � p � 15 City Council, the Exception shall be for a period of �I T. 16 'i two years from the date of application therefor. If 17 the City Council shall deny the application for an ex- 18 I! ception, .the owner and permittee. shall comply with. . _ . 19 i provisions of Section 3300.90. 3 immediately. 20. ; Ij 21 j SECTION 3300.90.9 - Conclusively Idle {dells - .22 i Notwithstanding any other provision of this Article to j rT � ,• _ _3 !; the contrary, in the case of a well for which a notice 24, 1! of. intention to abandon has been given to the State 25 I� Division of Oil and Gas pursuant to Section 3229 of . 26 the Public Resources Code, or any amendment thereto, � . 7 it such well shall be conclusively deemed an idle well, 28 ( and (1) the City Council shall not make a decision that 29 such well is not an idle well, and (2) the City Council 30 shall not grant- an exception in whole or in' part to 31 h Section 3300.90.3. j ! 32 jI - .. --._-.• - __ - ': .... �$•i�E'�_'.F�G1�Ee{7- _• ear.2 r..- r�4k?i.. � :ii¢. r _.. .T - ---- ----- -- - --- -- -- —__=ll Sec. 2. The City Clerk shall certify to the passage 2 I of this ordinance by the City Council of the City of Long Beach 3 - 11 and cause the same to be posted in three conspicuous places in I I 4 the City of Long Beach, and it shall take effect on the 31st 5 day after its final passage. 6 A 4 7 ` 1 hereby certify that the foregoing ordinance was . 8 ii adopted by the City Council of the City of Long Beach at its g 9 meeting of May 22 , 1962, by the following i 10 vote: 11. Ayes : Councilmen: KEALER .REESE.BAIRD.SULLIVAN, I 1=' CROW ,GRAHAM,BOND. E� 13 `4 14 Noes : Councilmen: NONE. V - 1.5 Absent: Councilmen: SPONGBERG.WADE16 W - 17 i 18 (SEAL) ! City Clerk j li 21 22 ! 23 24 j 4 25 I ;i 26 27 li II 2)s ;► 30 31 t� HAL:mlf II 32 5-3--62 �I 12 6 _ . . - • .,.- z - 'S.Srt-': y_;°Y --ru ��-•�- ate'''` Ii�iliiv.'. tFi�s '- ian .r- ...-�.- _ -_ s, n r ti=+ -f .1 STATE OF CALIFORNIA RONALD REAGAN, Governor DEPAIZTM':NT OF FINANCE STATE LANDS DIVISION e� ROOM 305 STATE BUILDING 217 WEST FIRST STi"EET LOS ANGELES 90012 I I I File No. : W.O. 7094 September 11, 1968 i i City Council City of Huntington Beach - City Hall Huntington Beach, California Gentlemen: A copy of "Notice of Consideration of an Oil and Gas Lease t Offer by the State Lands Commission, State of California", in Orange and Los Angeles Counties, is enclosed for your information. Very truly yours, D. J. EVERITTS Acting Assistant _ Executive Officer - Engineering EGJ:lc Enc. : Notice of Consideration Map NOTICE OF CONSIDERATION OF AN OIL AND GAS LEASE OFFER BY THE STATE LANDS COMMISSION, STATE OF CALIFORNIA Pursuant to Section 6873.2 of the Public Resources Code, Statutes of California, the State Lands Commission hereby gives notice of inten- tion to consider offering leases for the extraction of oil and gas, as authorized under Section 6871 of the Public Resources Code, from the following-described lands: That area of ungranted State tide and submerged lands, not included in existing State oil and gas leases, lying between the westerly boundary of the City of Long Beach on the west, and the southeasterly city limits of the City of Huntington Beach and the southwesterly prolongation thereof, on the east, containing 18,000 acres more or less. Within thirty (30) days from and after September 18, 1968, any affected ' city or county may request, in writing to the State Lands Commission, that a hearing be held with respect to the offering of leases within the above area. STATE LANDS COMMISSION BY: (signed) F. J. HORTIG Executive Officer State Lands Commission 305 California State Building 217 West First Street Los Angeles, California 90012 W.O. 7094 8/28/68 IVT NV sunlanG° (�a_n 6aSrlel Pt O EXHIBIT "All' ors; sunv:nay o La Cr,'c�nta r arcs?orLc I . {I:iontfo$."'. ` W. 0. 7094 .. - \ , ' 1 ' ' ALTA Van�!�%- v1:L t.'}• l t /,.. ' \_-_� - •. STATE LANDS-COB/�;4ISSION :oodland Huls � ... nY .,do i ��LE1D�;LE4',. ns r: i D L ate' 1 -'ss I sK s.� % o ^ ` Consideration of an Oil and Gas N.o i r Hc!:.^voodo S P� zde,+a' �+ Lease Offer._ :v s BVERLY HII>LS 4 L+ a -LOS AG-LE � = Los Angeles and Orange Counties Mont4rea -: ia7 '�L August 1968 E.G.J. P:1r I L._- Crq '-LE`pr Sanwa Eel�:�,rs _ —� .? ". <..1': lyin I L DF ey �c ( oLa H bfa — �1�' O i�°I r--r `� `t \ i'Pndo roe El $eCu .-oo °Hawthorne ,\ oti y�,1�ODNo valk � B tsar \ L—�rs7Con of E t COAllPTON�_ LLFLOb'J � � .� I +, Yorba 'nda q Akanhat'an G:.act. i o.; ; i Sena F Ilerton p o - Gardena .� f e k_�o, Corona Hermosa Geach 4,. g e la Anaheim REDONDO8 CF. o• • r I ° o vc Coo 5 _ - T Irrance w ' Los Stsnto i 9y Aga°cao P410s Verdcl; i �r� G{�!\ amltos �Grovc Or se y sanuazo ea ` 9 al as Pt Estates' ', % E CH `• d Wilmiggjc p L',-nl a Ss Beach Midway city ta a ustin r o _g� PEo ° B a es ISAN7 A�-,i<JA: vti Sunsc`. ""- " ModjeaM0 Plt F.rmin 119 177 aC� ® R A G � p F 13 sn Irvine 2• 3 Trelwco Huntin on n = s `" a °CC Mesa T A N y (� Na port Bay S, p N each rona dal Liar.p \, tp 4. 13aiboa Son Jwp, =O . O R ai F Hill, I Gs an F O 411 La$u each t' Ju O aU ° n Juan Capistn 0 Dona <��•) p Pt� ;' y PoIn Q pistrano Beach ITT ° n Cleme Can r�A 0 `7 .oa 00 AV q �• Sea Ilabo /.atop Pt ` \ Ce4p va `� a s-c G U � O F . q�R MEN t r I. :.n 1 City of Huntington Beach (r��7 • P.O. BOX 190 CALIFORNIA 92648 September 16, 1968 To : B. D. Castle, Assistant City Administrator From: H. A. Day, Oil Field Superintendent Subject : Notice of consideration of an oil and gas lease offer by the State Lands Commission. As per the suggestion of Mr. Hartge, I took it upon myself to contact the City of Long Beach regarding their experiences with off-shore leases. Acoording to Mr. Brock, Assistant to the Director of Oil Prop- erties, Long Beach has complete control over their off-shore oil operation even down to the esthetics. Tluis, he claims, was accomplished only after many public hearings. Vince Moorehouse and Ray Picard seem to have the most interest in this and will submit their opinions to you in writing. City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 September 12, 1968 To: Brander D. Castle, Acting City Administrator From: H. A. Day, Oil Field Superintendent Subject: Notice of consideration of an oil and gas lease offer by the State Lands Commission This office finds no objection to further off- shore oil leases, however, following are some possible problems which the City may have to contend with: 1. Who provides police protection when private boats tie up to the platform? (Complaints have been received by this office in the past) 2. Waste water disposal. (Do the City' s sewers have the capp.city to carry the waste water which is produced alon with the oil only in much larger quantitie 5 3. Esthetics n(Complaints may be forthcoming from the citizenry ala Santa Barbara) 4. Navigation problems within the city limits. (Whose problem?) 5. Income. (Presently the only mncome derived from off-shore platform wells is $30. 00 per well per year if waste water is dischh.rged into city sewers and the 1% the state passes on to the city. ) 6. Will on-shore drill sites be n-eeded? (Mobil Oiltn Company recently made an inquiry as to the pos- sibility of locating a drill site in the Warner Ave. , Coast Highway area. The reason: less costly to drill from shore than to construct a platform. ) OFFICE MEMORANDUM To B. Castle, Assistant City Administrator Date September 13, 1968 From City Engineer In Re Notice of Consideration of an Oil an4 Gas Lease Offer by the State Lands Commission The request for comments for the leases for the extraction of oil and gas in the State Lands has been reviewed. The comments in the memorandum from Herb Day to you are certainly applicable to the situation,hhowever, at this time we are not in a p6sition to reply to the inquiry. I would suggest that a member of the staff be directed to investigate the ramifications of the lease with other communities such as Long Beach who have been involved in same. H. E. tge City Engineer EEH:ae cc: Herb Day OFFICE MEMORANDUM To Brander D. Castle, Assistant City Administrator Date " September 18, 1968 From Raymond C. Picard, Fire Chief In Re Consideration of an oil and gas lease offer, State Lands Commission We have reviewed State Land Commission consideration of the extension of tideland oil production. We concur with the possible problems as out- lined by the oilfield superintendent and would like to add to this list Fire Protection. 1. Our capabilities for providing fire protection services to off- shore drilling platforms are all but non-existent. 2. The enforcement of safety standards on such facilities is minimal due to the unclear line of authority in both state and local regulations. 3. I feel that the fire department should have design and in- spection authority for all the fire protection and system features at the offshore platforms. 4. That local building and fire codes should apply to these plat- forms. /mt .,.,� -t+r+_ ^' -t. >,�-^_-„i _ter' '{. . ..n :._ .cy':a�-'.-^.: -a"`�. a•-'n=-;a•�+-:"'—»�sr--s,-- s?fig- - •w'x,'v-..,6.:,t�':' 3. :«-•-=...cK"�zo_:u,«+�.a'.a'Sw_.._�::C_�i�:. .,:�a�...t"�;tf:.fui.._ .-e'er".=E.w..,'i-`Y.�":ar*��s':.f`3�._.z_,w.`.S".,.:.:x.�+�:�'e.'i��''.�'--'z':`.....0 u«..7:ry.....;:3.w.....•:aac-..,.ixEi: September 17, • 1968 State Lands Division Department of Finance Room 305 State Building 2I7-West First Street Los Angeles , California 90012 Your File No. W.O.. 7094 Gentlemen; The City of Seal Beach is in receipt of your "Notice of Consideration of an Oil and Gas Lease Offer by the State Lands Commission, State of California," dated September 11, 1968. .please be advised that pursuant to the notice, the -City Council of the City of Seal Beach hereby requests that a hearing'be held with respect to the offering of leases within -the area described in the above-mentioned notice, namely, approximately 18,000 acres lying. between the westerly boundary of Long Beach and the southeasterly -limits of_ Huntington Beach. is Very truly yours , r THE CITY OF SEAL BEACH :Lee INner City Manager LR:fh ; • i 65 1 7 2- December 13, 1966 APPROVED BY CITY COUNCIL MEMORANDUM To Doyle Miller, City Administrator From F. B. Arguello, Director of Finance:' ` CLERKSubject: Oil Production Tax Information Attached is information pertaining to the oil industry and its relation to the City of HuntingtonBeach. I haoe added informa- tion concerning the public utilities in order to provide a basis for comparison. This comparison, I believe, will provide a method of determining the relative importance of oil inour City as compared with the relative importance of public utilities. The information from Long Beach is incomplete in that, to date, they have been unable to furnish me with the mineral rights assessed valuation in their city. Without this, I am unable to compute the revenue from property taxes. The comparisons relative to oil industry revenue to the City of Huntington Beach are incomplete in that the figures do not contain property tax revenue from the oil industry on property owned other than the mineral rights. The information provided does not take into consideration total taxes paid by the oil industry to all government entities; gross income of the operators; operating costs of the operators; profit margin of the operators; operators or owners return of investment; costs involved in complying with oil related City ordinances. Information in these areas will be available only from and at the discretion of the oil operators themselves. It might be pointed out that the operators in the City of Long Beach are paying a higher city tax plus equivalent or higher drill- ing and renewal oil well permit fees plus a 3¢ per quarter per barrel in excess of the first 100 barrels of oil produced in that quarter. The feasibility or ability of the individual operators to pay a tax must of necessity be the concern of the City Council- in considering an oil production tax. It might also be kept in mind that the highest percentage of oil produced is produced by the major oil companies. This must be kept in mind when consider- ing at what point oil production becomes taxable in order to offer some assistance and/or protection to the small, independent and possibly marginal operator. It must be kept in mind- also that all oil production taxes paid to Long Beach are being paid "under pro- test"--this could create some problems in the future for the City of Long Beach as they, currently, do not fund or set aside any such payments paid in this manner. If the attached information is incomplete and additional information, comparisons, or clarification is required, please so inform us so that we can compile the necessary data for ycur perusal. 1�6 4&Z(10_t& Director o a Finance CITY OF HUNTINGTON BEACH Assessed Valuations (Net) Fiscal Mineral Public Other Total Year Rights Utilities �oi�o6 958=59 $ 35,489,790 --�` $ i5,7151220 $ 19,518,410 $ 70,723,320 % of Total 50.18 22.22 27.6o 100.00 1959-60 30,o48,96o 23,584,98o 22,644,550 76,278,490 % 39.39 30.91 29.70 100.00 196o-61 24,358,640 26,8o5,38o 24,739,360 75,903,380 % 32.09 35.31 32.6o 100.00 1061-62 21,498,16o 42,661,430 32,188,200 96,347,790 % 22.31 44.27 33.42 100.00 1962-63 18,946,88o 44,6o7,54o 41,822,86o 105,377,28o % 17.98 42.33 39.69 100.00 1963-64 18,859,070 44,659,68o 62,657,610 126,176,360 % 14.94 35.39 49.67 100.00 1964-65 20,551,94o 45,777,220 85,534,36o 1$1,863,520 % 13.53 30.14 56.33 100.00 1965-66 20,382,86o 45,657,860 123,723,16o 189,763,88o % 10.74 24.o6 65.20 100.00 gb��4'6 1966-67 25,017,340 45,705,500 149,968 .700 220,691,540 % 11.33 20.71 67.96 loo.00 CITY OF HUNX NGTON BEACH Property Tax Gross $1.33 Fiscal Year Mineral Public Other Total Rights Utilities 1958-59 $ 472,003 $ 209,006 $ 259,611 $ 940,620 1959-60 399,613 313,583 301,308 1,014,504 1960-61 323,953 356,460 329,102 1,009,515 1961-62 285,886 567,287 428,253 1,281,426 1962-63 251,993 593,263 556,262 1,401,518 1963-64 250,715 593,896 833,535 1,678,146 1964-65 273,277 608,763 1,137,745 2,019,785 1965-66 271,063 607,241 1,645,556 2,523,860 1966-67 332,558 607,879 1,994,760 2,535,197 Effect on City Tax Rate if we had no mineral rights and/or public utilities Present Tax Increase Total Without Mineral Rights 1.33 •17 1.50 Without Public Utilities 1.33 •35 1.68 Without Mineral Rights and P.U. 1.33 •63 1.96 Note: Projected increases would be as a result of a loss of tatal revenue derived from the oil industry and public utilities CITY OF HUNTINGTON BEACH Oil Industry Revenue To City Fiscal Gross Franchise Franchise Oil Derrick State Oil Oil Well Total Year Prop. 'fax Dry Gas Pipeline Lic./Permit & Gas Lease App. Fees 1958-59 $ 472,ol4 $ 5,576 $ 3,653 $ 20,o36 - $ 1,600 502,879 * % 28.65 .33 .22 1.21 .09 30.53 1959-6o 3991651 5,573 4,471 18,999 2,662 431,356 % 21.11 .29 .23 1.00 .14 22.79 196o-61 323,970 5,302 5,090 189443 2,200 355,005 % 15.44 .25 .24 .87 .10 16.92 1961-62 285,926 3,369 8,762 18,408 7,700 324,165 % 10.01 .11 .30 .64 .26 11.35 1962-63 251,994 3.070 6,916 19,274 6,400 287,654 % 7.11 .08 .19 .54 .18 8.12 1963-64 250,826 3,309 8,481 20,207 3,400 286,223 % 5,83 .07 .19 .47 .07 6.66 1964-65 273,342 2,974 11,712 19,560 43,819 4,300 355,707 % 5.27 .05 .22 .37 .84 .08 6.86 1965-66 271,093 1,888 18,632 19,517 39,953 8,8o4 359,887 % 4.49 .03 .30 .32 .66 .14 5.97 * Percentage of gross revenue of following funds: 1. General 2. Library 3. Recreation 4. Special Capital Outlay 5. Music and Promotion 6. 1955 Water Bond - Int. & Redemption CITY OF HUNTI NGTON BEACH Oil Production Year Barrels Barrels Annual Per Day 1958 19,447,000 53,279 1959 18,11o,000 49,616 196o 16,550,000 45,342 r, 1961 15,904,989 43,575 1962 15,488,000 42,433 1963 15,647,488 42,870 1964 15,873,000 43,323 i965 -.16-31,4,000 44,696 1966 16,970,000 46,493 1967 Est. 18,000,000 49,315 Number of Wells Operating 1,900 Non-operating 300 Total 2,200 CITY OF HUNTINGTON BEACH Revenue FY 1965-66 Fund Total Oil Industry Public Utilities Fund Amount % of Fund Amount % of Fund Revenue Total Total General Fund 5,079,900 $ 253,846 4.99 $ 445,194 8.76 Library 167,o86 16,842 10.07 37,730 22.58 i Music & Promotion 272,619 28,882 10.59 64,637 23.70 Recreation 179,174 13,699 7.64 30,688 17.12 Capit9L1 Outlay 277,380 29,003 lo.45 64,974 23.42 1955 Bond I&R 50,722 5,314 10.47 11,904 23.46 Totals $ 6,026,586 $ 347,586 5.76% $ 655,127 10.87?6 PROPERTY TAXES IMPOUNDED BY ORANGE COUNTY OIL INDUSTRY TAX SUIT 1964-65 $.'.47,133.13 1965-66 53,776.31 Total $100,909.44 PROPERTY TAX REVENUE 1965-1966 Gross Revenue $ 2,523,860 Actual Collections $ 2,409.598 Impounds 53,776 2,463,374 Delinquency $ 6o,486 2.39% CITY OF HUNTINGTON BEACH Effect of Oil Industry and Public Utilities Revenue On City Revenue By Fiscal Year Ended June 30 FUND Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year 1958-1959 1959-6o 196o-61 1961-62 1962-63 1963-64 1964-65 1965-66 General Fund Total Revenue & Transfers $1,267,400 $1,404,228 61,603,699 82,428,273 $3,055,772 $3,705,482 $4,437,571 $5,079,900 Property Tax (Incl.above) 530,533 556,533 532,369 863,552 939,369 1,089,065 1,275,579 1,536,793 Supplied by Oil Industry Property Taxes 266,218 219,218 170,837 192,658 168,899 162,706 172,586 165,052 Other 3o,865 31,705 31,035 38,239 35,660 35,397 82,365 88,794 Total oil Industry 297,o83 250,923 201,872 230,897. 204,559 198,103 255,951 253,846 % by Oil Industry 23.44% 17.86% 12.58% 9.50% 6.690% 5.34% 5.76% 4.99% _-Supplied by Public Utilities Property Taxes 117,883 172,024 187,979 382,294 396,696 385,420 384,460 369,752 Other 11,269 12,626 16,888 25,257 37,007 43,079 61,210 75,442 Total Public Utilities 129,152 184,65o 204,867 407,551 433,703 428,499 445,670 445,194 % By Public Utilities 10.19% 13.14% 12.77% 16.78% 14.19% 11.56% lo.o4% 8.76% Library Fund Total Revenue $ 55,102 $ 59,360 $ 62,069 $ 68,313 $ 88,577 $ 110,005 $ 122,039 $ 167,086 Property Tax (Incl.Above) 53,750 57,130 59,995 65,343 83,961 103,390 114,278 156,815 Supplied by Oil Industry Property Taxes 26,972 22,504 19,252 14,578 15,096 15,446 15,462 16,842 % By oil Industry 48,94% 37.91% 31.01% 21.34% 17.04% 14.04% 12.66% 10.07% Supplied by Public Utilities Property Taxes 11,943 179659 219184 28,927 35,457 36,590 34,443 37,730 % by Public Utilities 21.67% 29.74% 34.12% 42.34% 4o.02% 33.26% 28.2296 22.5856, Music & Promotion Fund Total Revenue 213,576 255,242 271,263 150,051 157,705 185,994 205,941 272,619 Property Tax 213,576 255,242 271,263 150,051 157,705 185,141 203,882 268,916 Supplied by Oil Industry Property Tax 107,172 100,539 87,o48 33,476 28,355 27,660 27,585 28,882 % by Oil Industry 50.17% 39.38% 32.o8% 22.30% 17.97% 14.87% 13.39% 10.59% Supplied by Public Utilities Property Tax ' 47,457 78,895 95,783 66,427 66,598 65,521 61,45o 64,637 % By Public Utilities 22.22% 30.90016 35.31% 44.26% 42.22% 35.22% 29.83% 23.70% FUND Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year 1958-1959 1959-60 196o-61 1961-62 1962-63 1963-64 1964-65 1965-66 Recreation Total Revenue 44,370 $ 48,304 $ 54,937 78,46o $ 100,201 $ 119,284 $ 144,394 $ 179,174 Property Taxes 40,281 43,282 49,245 65,798 84,810 94,936 lo4,ol8 127,548 Supplied By Oil Industry Property Tax 20,213 17,o4g 15,803 14,68o 15,249 14,183 14,074 13,699 % By Oil Industry 45.55% 35.29% 28.76% 18.71% 15.21% 11.89% 9.74% 7.64% Supplied By Public Utilities Property Tax 8,950 13378 17,388 29,129 35,815 33,598 31,351 3o,688 % By Public Utilities 20.17% 27.69% 31.65% 37.12% 35.74% 28.16% 21.71% 17.12% Special Capital Outlay Total Revenue 956 62,320 49,Og1 76,973 82,536 124,785 219,260 277,38o Property Tax 956 42,6o6 45,239 65,610 77,lo4 122,072 219,2o6 270,051 Supplied By Oil Industry Property Tax 480 16,783 14,517 14,638 13,683 18,238 29,659 29,003 % By Oil Industry 50.209% 26.93% 29.57% 19.01% 16.79% 14.61% 13.52% 1o.45% Supplied by Public Utilities Property Tax 212 13,170 15,974 29,045 32,561 43,201 66,06g 64,974 % By Public Utilities 22.17% 21.13% 32.53% 37.73% 39.45% 34.62% 30.13% 23.42% 1955 Water Bond - I & R Total Revenue 631702 63,205 56,64o 53,873 55,544 50,680 50,554 50,722 Property Tax 61,335 58,723 56,64o 53,873 55,544 5o,68o 50,392 49,475 Supplied By Oil Industry Property Tax 30,778 23,131 18,176 12,109 9,987 7,572 6,818 5,314 % By Oil Industry 48.31% 36.59% 32.09% 22.30% 17.98% 14.94% 13.48% 10.47% Supplied by Public Utilities Property Tax 13,629 18,151 20,000 23,850 23,456 17,936 15,188 11,g04 % By Public Utilities 21.39% 28.715,65 35.31% 44.27% 42.22i6/ 35.39% 30.04% 23.46% CITY OF HUNTINGTON BEACH Oil Industry Comparison The following information was received from theCity of Long Beach relative to their oil industry activity. " The City levies two other fees (in addition to the oil production tax) against the oil industry. They are: (1) oil well drilling fee of $800 plus (2) a building permit fee of $100. Water injection wells are not covered by our Code. Therefore, we do not get the $800 drilling fee, but we do get the $100 building permit fee. The other is an annual renewal oil well permit fee of $100 for each flowing well and/or $35 for each pumping well. The revenues from the foregoing sources for the 1965-66 fiscal year are itemized as follows: Revenue Source Amount Oil production tax $ 36o,783 * # Drilling and Renewal Oil Well Permit Fees 167,460 Oil well buiding permit fees of $100 are included among regular building permits and therefore a revenue figure is not immediately available. " * This would indicate a 1965-66 net oil production of 12 million barrels per year. # All oil production tax revenues have been paid under protest. City of Long Beach Tax Rate 1965-1966 $ 1.5o42o 1966-1967 1.48250 City of Huntington Beach Oil Industry Fees Huntington Beach Long Beach Building Permit $ - 0 - 6 100.00 Drilling or Re- Drilling Well 100.00 800.00 " Oil Well Permit Renewal ,25.00 100.00 (Flowing Well) 35.00 (Pumping Well) Oil Production Tax Per Barrel/Qtr (Net) - 0- .03 Tax on Mineral Rights Per $100 A.V.1966-67 1.33 1.48250 ffi ayit 071- ublication owl State of California County of.Orange } -ss City of Huntington Beach J ' J. S. Farquhar, being duly sworn on oath, says: That he is a citizen of the United States, over the age of twenty-one years. That he is the printer and publisher of the Huntington Beach News, a weekly newspaper of general circulation printed, published OP and circulated in the said County of Orange and elsewhere and published for the dissemination of local and other news of a general J character, and has a bona fide subscription list of paying subscribers, and said paper has been established, printed and published in the State of California, and County of Orange, for at least one year next before the publication of the first insertion of this notice; and the said newspaper is not devoted to the interest of, or published.for the y h entertainment of any particular class, profession, trade, calling, race {Published - Huntington Beach' News Jan. 11, 1968) or denomination, or any number thereof. NOTICE OF PUBLiG HEARING The Huntington Beach.News was adjudicated a legal newspaper NOTICE Is HEREBY GIVEN that ,the of general circulation by Judge G. K. Scovel in the Superior Court city Council of the City of Huntington of Orange County, California August 27th, 1937 by order No. A-5931. Ordina California, proposes,,to adopt .Ordinance No. 1388.entit'led "AN`ORDIN- A-NCE OF THE CITY COUNCIL OF THE That the rroTICE OF PUBLIC HEARING CITY OF HUNTINGTON 8E�ACH- AMENND- ING CHAPTER 211OF THE HUNTINCTON BEACH ORDINANCE CODE ,BY ADDING ARTICLE 215 AND SECT+LONE hHER;EOF PROVIDING FOR THE IMPQSITION 'OF A' of which the annexed is a printed copy, was published in said news- LiCEiv,SE.TAX UPON PERSONS ENGAGED. IN THE BUSINESS OF PRODU.CING,O,IL paper at least One Issue IM THE CITY OF HUNTINGTON BEACH, BASED UPON' THE QUANTITY-OF OIL"_' PRODUCED `AND SOLD,' commencing from the llth day Of January NOTICE IS FURTHER GIVEN that a o public hearing will be held upon said 68 llth January proposed Ordinance, No. 1388 on the 29th 19 , and ending on the, day of /Q day of January, 1968, ,in the Council 68 Chammber in the Civic Center of'the f rty 19 both days inclusive, and as often during said period and of Huntington Beach, at the hour of 7:30 times of publication as said paper was regularly issued, and in the P.m.,"or as`soon thereafter as'possible, regular and entire issue -of.said .newspaper proper, and not in a at which tirime any"and'_aII'persohs nf"er'- supplement, and said notice was published therein on the following esDa may appear and re heard thereon. dates, to-wit' Dated this of,'Jan ES, City ' / PAUL C. JONES, `City Clerk January _11_, -1.9.68 City of Huntington-Beach California -17 4 Publisher I Subscribed and sworn to before me this d� day of e. F Notary Public Orange County, California ' THOMAS D. WYLLIE NOTARY PUBLIC - CALIFORNIA I 4„ PRINCIPAL OFFICE IN ORANGE 'COUNTY _ I My Commission Expires Sept. 12, 1970 f. L Cite of Huntington Beach County of Orange State of California of J. S. FARQUHAR Publisher Huntington Beach News Filed Clerk BY Deputy Clerk M Publish _/11/68 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Huntington Beach, California, proposes to adopt Ordinance No. 1388 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 21 OF THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING ARTICLE 215 AND SECTIONS THEREOF PROVIDING FOR THE IMPOSITION OF A LICENSE TAR UBON PERSONS ENGAGED IN THE BUSINESS OF PRODUCING OIL IN THE CITY -OF HUNTING. TON BEACH, BASED UPON THE QUANTITY OF OIL PRODUCED AND SOLD. " . NOTICE IS FURTHER GIVEN that a public hearing will be held upon said proposed Ordinance No. 1388 on the 29th day of January, 1968, in the Council Chamber in the Civic Center of the City of Huntington Beach, at the hour of 7:30 P.M. , or as soon thereafter as possible, at which time any and all persons interested may appear and be heard thereon. Dated this ` of January, 1968. Paul C. Jones, City Clerk City of Huntington Beach California ORD 103CE NO. 1388 AN ORDINANCE OF -THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMDING CHAPTER 21 OF' THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING ARTICLE 215 AND SECTIONS THEREOF PROVIDING FOR THE IMPOSITION OF A LICENSE TAX UPON PERSONS ENGAGED IN THE BUSINESS OF PRODUCING OIL IN THE CITY OF HUNTINGTON BEACH, BASED UPON THE QUANTITY OF OIL PRODUCED AND SOLD The City .Councfl of the City of .Huntington Benicia does ordain as follows: SECTION 1. That Article 215 is hereby added to Chapter 21 of the Huntington Beach Ordinance Code and shall read in words aft figures as follows: ARTICLE 215 OIL PRMUCTION LICENSE S. 21 1. Oil Business - Non-Production. Every person conduct- manaag ing, carrying on or engaged in the business -or activity of oil We119 injection well, or grater source well drilling or servicing operations, or refining oil air. petrolom products and produci the by-products, or marketing, selling, distributing at whole- sale, oil or mW petroleum products, or by-products, or maintaining tw*aage or warehouse storage facilities where oil is kept for the purpose of wholesale distribution thereof shall pay the sure of Fifty Dollars ( g0.00) per year, plus an additional aim per wployoe, in excess of two for the average . number of individuals employed by such person whose principal activities tiara within the City of Huntington Beach during the twelve months. 9 ediaa5tely p ceding tho Ahirty (30) days next preceding the due date of the licezwe: Rl � From 3 to 100 employees, inclusive, $1.00 per employee For the next 400 employees, .500 per employee For all employees over 500, .250 per employee S. 2151. 1. A license issued pursuant to this section shall in- clude and permit the marketing, selling and distributing at wholesale, of automobile tires, batteries and accessories. The payment of one license fee hereinabove provided in this section shall permit the engaging in any of the businesses or activities licensed without payment of an additional license tax; provided, however, that nothing in this subsection shall be deemed to apply to or relate to actual oil production operations or to the operation of automobile filling stations. S. 2152. 011 Business Production. Every person conducting, managing, carrying on or engaged in the business or activity of producing crude oil, gas, petroleum or other hydrocarbon substances or products from any well or wells located within the City of Huntington Beach shall ppy the sum or sums, in the manner and to the extent as hereinafter provided: (A) The sum, or sums, to be paid on a per fiscal bazis, payable quarterly. (B) For the fiscal year commencing July 1, 1968, and for each succeeding fiscal . year,, there shall be paid in the Manner hereinafter provided, on or before September 30, December 31, March 31, and June 30, respectively, an amount 2 p equaling two cents ($.02) per quarter for each barrel of oil produced .by .each well in excess of. three hundred (300) barrels per quarter. Production during the months of June, July and August shall constitute the measurement of the - mount due on or before September 30 for the first quarte. of a fiscal year; production during the months of September, October and November shall constitute the measurement of the amount due on or before December 31; production during the months of December... January and February shall constitute the measurement of the amount due on or before HArch 31; production during the months of March, April and May shall constitute the measurement of the amount due on or before June .30. The first of such payments shall be due and payable on or before September 30, 1968. (C) For the purpose of determining the per license tax: (1) A well is located within the City of Huntington Beach if the surface loca- tion of the well, the surface of the well itself, or if any portion of the ® 3 _ well is located within the City of HuntLngton Bch, irrespective of the subsurface location of the well, the pdtducing interval thereof, or where the hole of the well may be bottomed. (2) A barrel of oil shall consist of forty-two (42) U. S. gallows of crude petroleum or hydrocarbon substances corrected for terrature- variations in accordanc® .with methods generally approved in the petroleum industry, petroleum or hydrocarbon substances mean crude oil remaining after the rem moval therefrom of water or other impurities by preliminary processing in the vicinity of the well site, preparatory to the shipment thereof. (3) If oil produced from two or more wells shall be comingled without the production of the respective wells being separately, measured, each well whose production has been c omingled shall be considered as having pro- duced an equal part of the total. (D) Every person having a current prepaid license to conduct, usage, carry on or engage in the business or activity of producing crude oil, gas, petroleums, or other -hydrocarbon substances in the City of Huntington Beach shall be entitled to a credit for that portion of the unexpired term of this section. The mount of such credit shall be ascertained by dividing the total mount (not including penalties) paid for such. license by Three Hundred and Sixty Five (365) and thereafter multiplying the resultant quotient by the number of days remaining in such unexpired term any such claimed credit shall be indicated on the quarterly statement pro- vided herein to be filed., and the person so Filing such statement is authorized to deduct the amount thereof from the amount due. All- credits shall be filed as herein provided on or before June 30, 1969. (E) The person subject to the payment of the tax shall, before the business tax for each quarter becomes delinquent, file with the City a written statement setting forth the number of wells in operation and the number of barrels of oil produced by each well during, the pertinent three-month period o:-;.* production upon which the tax is due., is to be calculated and such person shall pay at such time the amount of the business tax computed upon the measure of the tax re- ported in the statement. The written statement shall include a declaration substantially as follows: "I declare under penalty of making a false declaration that 1 am authorized to make this statement and that to the best of my knowledge and belief it is a true, correct and complete statement made in good faith for the period stated, in compliance with the provisions of the Huntington Beach Ordinance Code." Such statement shall not be conclusive against the City of Huntington Beach, or to the information set forth therein, nor shell the filing of a statement preclude the City of Huntington Beach from collecting by appropriate action any additional tax that is later determined to be due and payable. (F) Every person required to have a license under this section shall keep full, true and accurate records as to the amount of oil produced and shipped or sold by him fromf wells located within the City of Huntington Beach and shall .upon demand of the City Administrator make said records, together with any shipping documents or sales invoices pertaining to such oil, available for the inspection of the City Administrator or hia representative at all reasonable times. - 6 - 9. 215 Suer,sedenceo the provisions of this ordinance shall m I replace and supersede any other licensing provisions of the Huntington Beach Ordinance Code purporting to relate to the licensing of business herein taxed. S. 2154. Penalty for Delinquency If any fee herein required to be paid to the City of Huntington Beach is not paid at the time and in the manner herein provided, the same shall, thirty days thereafter, auto- matically be and become delinquent, and a penalty in an amount equal to ten per cent (10%)- of such fee shall be added thereto for such delinquency, which penalty shall be and become a part of such fee and shall be enforced and collected as a part of such fee. S. 2155i Severability. If any section, ,subsection, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person, firm, corporation or circumstance,- is for any reason held to be invalid or unconstitutional by any decision of any court of competent Jurisdiction, such decision shall not affect the validity of the remaining portion of this article. The City Council of the City of Huntington Beach hereby declares that it would have adopted this article and each subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that one or more sections, subsections, sentence, clause or phrase or portion be declared invalid or uncor..Wtitutional. S. 2156. Penalt ram. Any violation of any of thie -provisions of this article shall be a misdezeanor and e ? punishable by a fine up to $500.00 or imp.riporment up to 1.80 days or both, SECT-LON 2. The City Clerk shall certify to the passage and adoption of this. ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspaper, printed, published and cir- culated in the City of Huntington Beach, California, and thirty (30) days after the adoption thereof, the same shall take effect and be in force. PASSE® AND AAOPM by the City Council of the City of Huntington Beach, California at a regular meeting held on the day of , 1968. Mayor ATTEST: y Cleirt APPROVED AS TO FORM: y Attorney - 8 - I 7Z r,.dSS RELEASE Office of Lieutenant Governor Glenn M. Anderson February 5, 1965 Lieutenant Governor Glenn M. Anderson today called for legisla- tion to create beach, harbor and ocean front "sanctuaries" which would be protected from oil well drilling platforms and derricks. Anderson is Chairman of the State Lands Commission, which has jurisdiction over the oil-rich beach and offshore tidelands owned by the state. The Lieutenant Governor said that he believes that a "limited sanctuary to protect the natural beauty of Santa Monica Bay -in particular should be created by legislative enactment" . He added that other areas of the state' s coast line should also be given consideration. "I propose that laws be enacted to insure that no offshore oil recovery methods be used that would spoil the natural attractiveness of the Santa Monica Bay region. This great stretch of coastline includes some of the finest beach and ocean frontage in all of Calif- ornia , and attracts many millions of visitors and tourists every year': "To detract from this beauty by spotting drilling platforms and derricks out in the Bay would spoil one of our greatest assets. "I intend to urge the introduction of measures to protect these assets." The Lieutenant Governor said that he strongly favors develop- ment of the staters oil resources "provided there are sufficient safeguards to preserve an area' s natural attractions." Anderson said he has "no objection whatever" to offshore slant drilling "if the derricks are removed once production begins, and the pumping equipment is placed in pits, out of view. "Neither do I object to offshore oil recovery through subsurface ocean floor pumping, since this would not be visible." Juay 11, 1966 MEMORANDUM: To: City Clerk Paul C. Jones From: License Inspector Wineke SUBJECT: OILFIELD SUPERINTENDENT & DEPT. OF OILFIELD CONTROL, ESTABLISHMENT OF. It is suggested that the subject matter be brought to the attention of the City Council at their meeting on the llth of July, 1966. Byro Wineke, License nspector You-will note whenever an ef- fort is made to change the "status r , quo," some Independent Ail oem- t pany pats up the money, In behalf 'f I of the city, to challenge Standard Oil. SI ~ In one case it was Hancock Oil I N Co. They spent perhaps half a tl yf4 million dollars In trying to buyL friendly legislation and demon- S. I Jim s� By strate a nuisance value. After be- c !� ing mildly bothered for a few 0 I L FARQUR" years, Standard Oil inertly took Zy l them under their wing and dem- r /J/RY oastrated to them how they could i (Continued from Page 1) make more money by joining I Standard instead of fighting them. oil lease off Santa Barbara. The articles smack a little of- —EDNA tiASBY, 306 Eleventh St.,I In the higher echelons of state I + muckraking an, may be more de- Writes the "News" as follows:! government, Standard Oil is im ' i "Will you please print as a matter I pregnable. Twice, measures fav-- signed for rrensation than anything of information, just why the City-1 oring Huntington Beach were ve- else. On the surface, the infer- of Huntington Reach does not get! toed by California Governors. once is that smaller companies a percentage of the oil taken from Even today, every so offer►, in-I should have a chance at some Of the tidelands, the same as nearby i , dependent oil interests proposition the gigantic tideland oil leases. cities?" the city to make an attempt to se- t But you must always remember Huntington Beach does not have i cure municipal tideland leases, al- two things. First, the fact that no Jurisdiction over .�..ao i ways agreeing to pay all the ex- i other companY can match Stand- the oil tidelands f '= penSes, and in financial power. Second, within her own One such, as a matter of fact is ( Standard is always at the elbow municipal boun- " `:' financing a campaign, to behalf of of the State Land Commission Of- daries which ex- ` ` r ficials who draw up the leases. Orange Cannty to which the board gig oil companies not "the peo- tend three miles I of supervisors has given its ap- ] le" make the million dollar cam- out to sea, be- i proval. The cost to the county is t p cause she is too E zero. I r paign contributions which elect small politically. Tt the instigators prove suffi- public officials. Had t h e city ; olently annoying, Standard Oil Will., So the current series of articles believed it worth E make them a counter proposition I I may be disturbing to a few• indi- w•hile to ask the which they will happily accept. r viduals with political ambitions state for her tide- In any consideration of the local but there will be no disruption of lands before oil irm rarQahai situation, it must always be re- t operations where the power is and was discovered, the request would membered that because Standard:t will continue to be. rw doubt have been Getting b a c k to Huntington grrnted,which. Oil controls the billion dollar oil i Beach, it should be ranted that aft- today the reason many coastline cities deposits which underlie this city, 1 er all directly and indirectly most today own their tidelands at a Huntington Beach, by the very er the million dollar budget most time when geologists have determ- nature of things, Is bound to be a i f the and spent annually et the re- fined that rich oil deposits exist all Standard Oil town. t up a nd down the coast of Cali- More than that, through their; _ municipality, d��gets� l. fornia. subsidiary, the Huntington Beach'. HutI41W In matters involving big buss- Company, which laid out the orig- I of oDe percent in oil royalty from nets, It t a k e s wealth to beget inal town, they oast a major por-j the >3outbWest 1�{j�loralti�nC wealth. Several times in the past tion of the land outright and even 1 pan years the City of Huntington when they sell lots for homesites,1 to w11f gap a 1' 1PN1 > to Beach has sought to secure title to which they finally have been per-' of pa4way, V h i e b a_mp4ak her tidelands, but actually it never suaded to do, they keep the oil-I about $6.040 monthly. If eonuw- rights. n isons are Rut adle�s, nearby cities had a chance for success. of course have aaadt d"Is with In the first place the voters Standard Oil is the biggest. If would never hold still for the cat you follow the press announce- ^' oil inte{sitc t}tuch naupyt remuner- of a successful campaign. In one ►rents on the price of oil, you will; ' I ative . "N pz4in>;rYr;lty for 4 such instance when the City of notice they always set the price.. " lease is 16% percent considerable Huntington Beach tried to claim The others follow. Their control ca The balance the of foreign oil fields, with the! : I municipal oil revenue Is due tp a title to Its battle t its city actor- threat of importing c h e a p oil, straight assessment of !story my had to battle the best brains makes them dominant in the do- ; upon which oil wellif W 104U4• the Standard Oil Company and mestic field. ; ro Maybe it is enou h.2 X&Ybt- m the State of California could buy. The case took three weeks. The In this generation, they ordinar-i rs any nsiderto e tion cats city attorney presented a bill for ily keep a careful watch over their; I p' a tstil- 515,000. The voters screamed so public relations so as not to offend Ul I lion dollars a.year is a 01 a loud the bill had to be settled for the voters in the mass, nor arouse a; small town of 6.000 "**#" Cap a less amount and the council rant- their envy. Once in a while there ac spend wisely. Wealt4 p yowl teen is a slip. but in the main, they any event, the clti of >(1(Ilia Y escaped recall. bend over backwards to create a, ington �acb hgve 1$ lJve Now did the case oonte out" The benign impression, and frequently �, 1 happily with oil agd�}A ts. n4ra WI Judge merely politely went home lend a helping hand to the little; ;They eeamcnetad file 4 and never bothered to render a i � company tqt' Its sil'ltleg }� 9&- independents. Thus is good will; a p decision. One of the many corn- casionally point out itg vicxs. �tlr fostered. promises which smart lawyers can oR ons, eVV4 04 - Lavt Sunday's Los Angeles Ex- great; g always figure out, was effected I aminer starters a series of articles viduals, are human 1p *glT a"_ whereby Standard 011 kept the oil designed to explore Mayor Poul- Lions. And HUSU"t for rights, the beach east of the pier son's connections with a $7,260,606 better or for worms must61"7s was given to the city and it has + bonus bid by Standard Oil and I 'be closely identified w i t a ills h" the expense of its upkeep on Humble Oil for a state tideland I great oil intprata w'hIch Rirwed ip Its !tads ever shoe. (Continued un Page 'l) upon the woe* pe4dy 7! If We city attorney of Hunting- I ago. W h i V 4 Wary N#4$41.001 ton Beach had Pave been ,remiss once dreaallpd of Maki" i see*" It major oil eonn"3,. his fee would I Santa MpiFloa. lrnvr hMn R1AA.AAA.