City of Culver City, California
Agenda Item Report
A3-1
RECOMMENDATION:
Staff recommends that the City Council introduce and adopt an Ordinance
establishing a temporary moratorium on the drilling, redrilling or deepening of any
well within the jurisdiction of the City of Culver City associated with oil and/or gas
operations (“Oil Well”) and declaring the urgency thereof. (This item requires a
four-fifths vote.)
BACKGROUND:
Communities surrounding the Inglewood Oil Field (the “Oil Field”), located in the
City of Culver City and unincorporated areas of the County of Los Angeles (the
“County”), have been subjected to documented and significant environmental
impacts for many years due to oil drilling activities, including air quality, noise,
releases, spills, visual and other impacts. In addition, the impacts of greenhouse
gas emissions from these operations extend far beyond Culver City and the
Greater Los Angeles region (the “Region”).
Three significant incidents arising from Oil Field operations, occurring within the
period of about two years on January 10, 2006, February 6, 2006 and March 22,
2008, resulted in substantial impacts to the surrounding communities. The first of
these incidents resulted in a significant release of gases and odors to surrounding
Meeting Date: 08/24/09 Item Number: A-3
CITY COUNCIL AGENDA ITEM: FOUR-FIFTHS VOTE REQUIREMENT –
Introduction and Adoption of an Ordinance Establishing a Temporary Moratorium
on the Drilling, Redrilling or Deepening of any Well Within the Jurisdiction of the
City of Culver City Associated with Oil and/or Gas Operations and Declaring the
Urgency thereof.
Contact Person/Dept.: Thomas
Gorham/Community Development; and
Heather Baker/City Attorney
Phone Number: 310-253-5610; 310-253-
5660
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (E-Mail) Meetings and Agendas – City Council (08/21/09)
Department Approval:
Sol Blumenfeld (08/21/09)
Carol Schwab (08/21/09)
City Attorney Approval:
Carol Schwab (08/21/09)
Chief Financial Officer Approval:
Jeff Muir (08/ 21/09)
City Manager Approval:
Mark Scott (08/21/09) City of Culver City, California
Agenda Item Report
A3-2
neighborhoods, with residents reporting symptoms of headaches, nausea, and
ear, eye, nose and throat irritation. The second incident was also a gas release,
resulting in similar impacts;, and the third incident occurred when a pipeline leak
resulted in a release of crude oil that reached the City’s storm drain system,
threatening to enter Ballona Creek, a waterway emptying into the Santa Monica
Bay. All such incidents required an emergency response by the Culver City Fire
Department. The third incident involving the storm drain system also required an
emergency response from both the City’s and County’s Public Works crews.
Reports of odors and noise from ongoing Oil Field activities have been made by
residents to the City and AQMD in the period since these incidents. These
releases are indicative of the types of incidents the City believes will continue to
occur without adequate regulation of oil drilling activities.
There is a significant concern regarding the short- and long-term health impacts
on the community from current and future Oil Field operations, as well as the
future impact on the region’s evolving business community. There is further
significant concern regarding the potential pollution and scarring of land that will
likely be transformed into parkland in and around the area already designated as
the Baldwin Hills Conservancy, which includes Culver City parkland and other
property. Under State law, such areas should be protected for the future benefit
of the Culver City community and the entire Region.
Effective regulation should be adopted that allows oil drilling operations to co-exist
safely with the communities surrounding the Oil Field and throughout the City and
region. Provisions of the City’s current laws, rules, procedures and fees relating
to oil drilling activities (the “Existing Regulations”), currently set forth in the Culver
City Municipal Code (“CCMC”), including Chapter 11.12, Oil, Gas and
Hydrocarbons, need review, study and revisions in order to protect the health,
safety and welfare of the communities surrounding the Oil Field, including Culver
City, and the Region. Those revisions will likely result in the City amending,
repealing and adding provisions to the CCMC, including Title 17, the Culver City
Zoning Code.
Without the imposition of a temporary moratorium on the drilling, redrilling and
deepening of Oil Wells, the City may be required to process applications for such
drilling activities despite the fact that the Existing Regulations are in need of
updating and studies should be done to provide recommendations of possible
new standards for oil drilling activities.
DISCUSSION:
Review and Study of Existing Regulations: City of Culver City, California
Agenda Item Report
A3-3
The City has already begun the process of reviewing, studying and revising the
Existing Regulations, which has included, but not been limited to:
1) City Council members, City residents and City staff have actively participated in
the County of Los Angeles’ process to establish a community standards district
(“CSD”) regulating oil drilling activities in that portion of the Oil Field located in
unincorporated Los Angeles County (Baldwin Hills), in an attempt to revise the
Existing Regulations in a manner that achieves some consistency in regulating
the Oil Field which spans across two jurisdictions (the City and the County).
2) As a result of recent action taken by the County Board of Supervisors to further
study the CSD, the City needs time to work in conjunction with the County to bring
about mutually acceptable and uniform regulations of the Oil Field.
3) As part of the City’s effort to draft amendments to the Existing Regulations, the
City has retained technical and legal consultants and is currently reviewing
various oil field regulations adopted by other local agencies, including the County.
Further detailed review and study is needed to make certain the revisions to the
Existing Regulations will adequately and appropriately balance the rights of
existing operators and future applicants who wish to operate in the Oil Field with
the preservation of the health, safety and welfare of the communities surrounding
the Oil Field, including Culver City and the Region. Because of the importance of
these issues and addressing them through adequate study, an ordinance
imposing a moratorium on further permit issuance for new or expanded drilling is
needed.
Declaration of Urgency:
The proposed Ordinance is immediately required to preserve the public health,
safety and welfare and should be adopted immediately as an urgency ordinance
to make certain that permits for the drilling, redrilling or deepening of Oil Wells are
issued only under adequate regulations. Imposition of a moratorium will allow the
City sufficient time to conclude the preparation of a comprehensive ordinance for
the regulation of such activities. The absence of this Ordinance would create a
serious threat to the orderly and effective implementation of any amendments to
the CCMC which may be adopted by the City Council as a result of studying this
issue, in that the drilling, redrilling or deepening of Oil Wells under the Existing
Regulations may be in conflict with or frustrate the contemplated updates and
revisions to the CCMC.
City of Culver City, California
Agenda Item Report
A3-4
There is a current and immediate threat to the public health, safety and welfare of
the City and its community, in that the approval of permits for the drilling, redrilling
or deepening of Oil Wells, which would be required to be processed under the
Existing Regulations, do not provide adequate protections for the communities
surrounding the Oil Field and throughout the City and the region, thereby
necessitating the immediate enactment of the proposed Ordinance.
Moratorium:
Should the Council adopt the proposed Ordinance, a moratorium shall be
imposed from August 24, 2009 through and including October 7, 2009, during
which time no application for permit shall be accepted, no consideration of any
application for permit shall be made and no permit shall be issued by the City, for
the drilling, redrilling or deepening of any well relating to oil and/or gas production.
This moratorium will allow the City time to thoroughly review, study and revise the
City’s laws, rules, procedures and fees related to oil drilling activities, which will
enable the City to adequately and appropriately balance the rights of existing
operators and future applicants who wish to operate in the Oil Field, with the
preservation of the health, safety and welfare of the communities surrounding the
Oil Field, including Culver City and the Region.
Legal Authority:
Section 614 of the City Charter provides:
“Any ordinance declared by the City Council to be necessary as an
urgency measure for preserving the public peace, health or safety and
containing a statement of the reasons for its urgency may be introduced
and adopted at any regular, adjourned, or special meeting if passed by a
vote of at least four-fifths of its members.”
If enacted by a four-fifths vote of the City Council, the Urgency Ordinance would
take effect immediately and would continue in full force and effect for forty-five
(45) days (unless repealed by the City Council). The City Council may determine
to extend the Urgency Ordinance in accordance with the provisions of
Government Code Section 65858.
Government Code Section 65858 provides that an urgency ordinance may be
adopted without prior public notice or public hearing by a four-fifths vote of the
legislative body upon a finding that the action is required to protect the public
safety, health and welfare. Such ordinance shall have no further force and effect
45 days from the date of its adoption. However, after notice and a public hearing,
such ordinance may be extended for a period of ten months and 15 days, and City of Culver City, California
Agenda Item Report
A3-5
subsequently extended for an additional 12 months. Not more than two
extensions may be adopted.
FISCAL ANALYSIS:
The adoption of the Ordinance would result in the City not collecting any permit
application fees for the drilling of new wells or the deepening of existing wells.
Because it is speculative to determine the exact number of applications the City
may receive during the period of the moratorium, it is difficult to determine the
fiscal impact at this time
ATTACHMENTS:
1. Proposed Ordinance
MOTION:
That the City Council:
Introduce and Adopt an Ordinance establishing a temporary moratorium on
the issuance of any permits for the drilling, redrilling or deepening of any oil
well within the jurisdiction of the City of Culver City associated with oil and/or
gas operations and declaring the urgency thereof. (This item requires a
four-fifths vote.)
MEETING DATE: August 24, 2009
AGENDA ITEM: Introduction and Adoption of an Ordinance Establishing a
Temporary Moratorium on the Drilling, Redlining or Deepening of any Well Within the
Jurisdiction of the City of Culver City Associated with Oil and/or Gas Operations and
Declaring the Urgency thereof.
ATTACHMENT
Pages
1. Proposed Ordinance
1-6ORDINANCE NO. 2009-|1010101010101010| 9 The City Council of the City of Culver City does hereby ordain as follows:
10 SECTION 1. FINDINGS.
11 The City Council of the City of Culver City hereby finds, determines, and
12 declares that:
13 A. Communities surrounding the Inglewood Oil Field (the "Oil
14 Field"), located in the City of Culver City and unincorporated areas of the County of Los
15 Angeles (the "County"), have been subjected to documented and significant
16 environmental impacts for many years due to oil drilling activities, including air quality,
17 noise, releases, spills, visual and other impacts. In addition, the impacts of greenhouse
18 gas emissions from these operations extend far beyond Culver City and the Greater
19 West Los Angeles Region (the "Region").
20 B. Three significant incidents arising from Oil Field operations,
21 occurring within the period of about two years on January 10, 2006, February 6, 2006
22 and March 22, 2008, resulted in substantial impacts to the surrounding communities.
23 The first of these incidents resulted in a significant release of gases and odors to
24 surrounding neighborhoods, with residents reporting symptoms of headaches, nausea,
25 and ear, eye, nose and throat irritation. The second incident was also a gas release
26 resulting in similar impacts; and, the third incident occurred when a pipeline leak
27 resulted in a release of crude oil that reached the City's storm drain system, threatening
28 to enter the Baliona Creek, a waterway emptying into the Santa Monica Bay. All such
I
AN ORDINANCE OF THE CITY OF CULVER CITY,
CALIFORNIA, ESTABLISHING A TEMPORARY
MORATORIUM ON THE DRILLING, REDRILLING OR
DEEPENING OF ANY WELLS WITHIN THE
JURISDICTION OF THE CITY OF CULVER CITY THAT
ARE ASSOCIATED WITH OIL AND/OR GAS
OPERATIONS AND DECLARING THE URGENCY
THEREOF.incidents required an emergency response by the Culver City Fire Department. The
third incident involving the storm drain system also required an emergency response
from both the City's and County's Public Works crews. Reports of odors and noise
from ongoing Oil Field activities have been made by residents to the City and AQMD in
•the period since these incidents. These releases are indicative of the types of incidents
the City believes will continue to occur without adequate regulation of oil drilling
activities.
C. There is a significant concern regarding the short- and long-
term health impacts on the community from current and future Oil Field operations, as
well as the future impact on the Region's evolving business community. There is
further significant concern regarding the potential pollution and scarring of land that will
likely be transformed into parkland in and around the area already designated as the
Baldwin Hills Conservancy, which includes Culver City parkland and other property.
Under State law, such areas should be protected for the future benefit of the Culver City
community and the entire Region.
a Effective regulation should be adopted that allows oil drilling
operations to co-exist safely with the communities surrounding the Oil Field and
throughout the City and Region.
E. Provisions of the City's current laws, rules, procedures and
fees relating to oil drilling activities (the "Existing Regulations"), currently set forth in the
Culver City Municipal Code ("CCMC"), including Chapter 11.12, Oil, Gas and
Hydrocarbons, need review, study and revisions in order to protect the health, safety
and welfare of the communities surrounding the Oil Field and throughout the City and
Region; and those revisions will likely result in the City amending, repealing and adding
provisions to the CCMC, including Title 17, the Culver City Zoning Code.
F. Without the imposition of a temporary moratorium on the
drilling, redrilling and deepening of wells associated with oil and/or gas operations, the
-2-|101010101010101010 10
10|11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28City may be required to process applications for such drilling activities despite the fact
that the Existing Regulations are in need of updating and studies should be done to
provide recommendations of possible new standards for oil and/or gas operations.
G. The City has already begun the process of reviewing,
studying and revising the Existing Regulations, which has included, but not been limited
to:
1) City Council members, City residents and City staff have
actively participated in the County of Los Angeles' process to establish a community
standards district ("CSD") regulating oil drilling activities in that portion of the Oil Field
located in unincorporated Los Angeles County (Baldwin Hills), in an attempt to revise
the Existing Regulations in a manner that achieves some consistency in regulating the
Oil Field, which spans across two jurisdictions—the City and the County. Such
participation has included numerous actions taken by the City Council, several hearings
before the City Council, the County Planning Commission and the County Board of
Supervisors, all of which included significant comments from residents. Substantial
comments to the CSD and the related Environmental Impact Report were transmitted to
the County during its review process. City participation in this process is ongoing.
2) As a result of recent action taken by the County Board of
Supervisors to further study the CSD, the City needs time to Work in conjunction with
the County to bring about mutually acceptable and uniform regulations of the OH Field.
3) As part of the City's effort to draft amendments to the
Existing Regulations, the City has retained technical and legal consultants and is
currently reviewing various oil field regulations adopted by other local agencies,
including the County.
H. Further detailed review and study is needed to make certain
the revisions to the Existing Regulations will adequately and appropriately balance the
rights of existing oil operators and future applicants who wish to operate in the Oil Field,
-3-|1010101010101010 10
10|11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28I with the preservation of the health, safety and welfare of the communities surrounding
2 the Oil Field and throughout the City and Region.|109| 1. This Ordinance is necessary in order to protect the City from
4 the potential health and safety impacts of oil and/or gas operations approved under the
5 Existing Regulations; including air quality, noise, releases, spills and other impacts, and
6 to preserve the quality of life and protect the health, safety and welfare of the
7 communities surrounding the Oil Field and throughout the City and the Region.|109| J. This Ordinance is immediately required to preserve the
9 public health, safety and welfare and should be adopted immediately as an urgency
10 ordinance, to make certain that permits for the drilling, redrilling or deepening of wells
11 associated with oil and/or gas operations are issued only under adequate regulations.
12 Imposition of a moratorium will allow the City sufficient time to conclude the preparation
13 of a comprehensive ordinance for the regulation of such activities. The absence of this
14 Ordinance would create a serious threat to the orderly and effective implementation of
15 any amendments to the CCMC which may be adopted by the City Council as a result of
16 studying this issue, in that the drilling, redrilling and deepening of wells associated with
17 oil and/or gas operations under the Existing Regulations may be in conflict with or
18 frustrate the contemplated updates and revisions to the CCMC.
19 K. There is a current and immediate threat to the public health,
20 safety and welfare of the City and its community, in that the approval of permits for the
21 drilling, red rifling or deepening of wells associated with oil and/or gas operations, which
22 would be required to be processed under the Existing Regulations, do not provide
23 adequate protections for the communities surrounding the Oil Field, including Culver
24 City and the Region, thereby necessitating the immediate enactment of this Ordinance.
25
L. The facts constituting such urgency are set forth in Section
26 1, Paragraphs A-K, inclusive, of this Ordinance.
27
28
-4-SECTION 2. MORATORIUM.
From August 24, 2009 through and including October 7, 2009, no
application for permit shall be accepted, no consideration of any application for permit
shall be made and no permit shall be issued by the City, for the drilling, redrilling or
deepening of any well associated with oil and/or gas operations, in order to allow the
City time to thoroughly review, study and revise the City's laws, rules, procedures and
fees related to oil and/or gas operations, which will enable the City to adequately and
appropriately balance the rights of existing operators and future applicants who wish to
operate in the Oil Field, with the preservation of the health, safety and welfare of the
communities surrounding the Oil Field, including Culver City and the Region.
SECTION 3. URGENCY MEASURE.
Pursuant to Charter Section 614, it is hereby declared that this Ordinance
is necessary as an urgency measure for the preservation of the public health, safety
and welfare. The City Council finds the urgency measure is necessary in order to
ensure adequate regulation of oil and/or gas operations is adopted prior to the issuance
of any permits for the drilling, redrilling or deepening of any well associated with oil
and/or gas
operations, which regulations will serve to adequately and appropriately
balance the rights of existing operators and future applicants who wish to operate in the
Oil Field, with the preservation of the public health, safety and welfare of the
communities surrounding the Oil Field, including Culver City and the Region.
SECTION 4. SEVERABILITY.
The City Council hereby declares that, if any provision, section,
subsection, paragraph, sentence, phrase or word of this ordinance is rendered or
declared invalid or unconstitutional by any final action in a court of competent
jurisdiction or by reason of any preemptive legislation, then the City Council would have
independently adopted the remaining provisions, sections, subsections, paragraphs,
-5-|1010101010|5-|10101010 10
10|11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28sentences, phrases or words of this ordinance and as such they shall remain in full
force and effect.
SECTION 5. PUBLICATION.
Pursuant to Sections 616 and 621 of the City Charter, prior to the
expiration of fifteen (15) days after the adoption; the City Clerk shall cause this
Ordinance, or a summary thereof, to be published in the Culver City News and shall
post this Ordinance or a summary thereof in at least three places within the City.
SECTION 6. EFFECTIVE DATE.
Pursuant to Section 614 of the City Charter, this Ordinance shall be
introduced and adopted at one and the same meeting and shall become effective
immediately. This Ordinance shall be of no further force and effect forty-five (45) days
following the date of its adoption unless extended in accordance with the provisions set
forth in Government Code Section 65858.
APPROVED AND ADOPTED this day of 2009.
ANDREW WEISSMAN, Mayor
City of Culver City, California
ATTEST:
17\ --Peo-l_ SCHWAB, City Attorney MARTIN R. COLE, City Clerk
A09-00340|101010101010101010 10
10|11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-6-