Legislation Details

File #: HIST-14550    Version: 1 Subject:
Type: Historical Status: Public Hearing
In control: City Council Meeting Agenda
On agenda: 8/9/2010 Final action: 8/9/2010
Title: PUBLIC HEARING: FOUR-FIFTHS VOTE REQUIREMENT – Introduction and Adoption of an Interim Ordinance Extending for an Additional One Year Period the Temporary Moratorium, Established by Ordinance No. 2009-007 and Extended by Ordinance No. 2009-008, 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.
Attachments: 1. PUBLIC HEARING: FOUR-FIFTHS VOTE REQUIREMENT – In - PH-3__10-08-09_CDD-CA__PUBLIC HEARING__Adopt2ndExtensionUrgencyMoratoriumOilDrill_SR - FINAL.doc, 2. PUBLIC HEARING: FOUR-FIFTHS VOTE REQUIREMENT – In - 10_08_09_CDD-CA_Adopt2ndExtensionUrgencyMoratoriumOilDrill_ATT.pdf
City of Culver City, California Agenda Item Report RECOMMENDATION: Staff recommends that the City Council introduce and adopt an interim Ordinance (Attachment 1) extending for an additional one year period the temporary moratorium, established by Ordinance No. 2009-007, and extended by Ordinance No. 2009-008, on the use of land within the City for 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. (This item requires a four-fifths vote.) BACKGROUND: On August 24, 2009, the City Council adopted Interim Ordinance No. 2009-007 establishing a 45-day temporary moratorium on the use of land within the City for 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 (the “Moratorium”) (Attachment 2). The City Council adopted the Moratorium pursuant to Section 614 of the City Charter, pursuant to its inherent Meeting Date: 08/09/10 Item Number: PH-3 CITY COUNCIL AGENDA ITEM: PUBLIC HEARING: FOUR-FIFTHS VOTE REQUIREMENT – Introduction and Adoption of an Interim Ordinance Extending for an Additional One Year Period the Temporary Moratorium, Established by Ordinance No. 2009-007 and Extended by Ordinance No. 2009-008, 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. Contact Person/Dept.: Sherry Jordan/Community Development; and Heather Baker/City Attorney Phone Number: 310-253-5710; 310-253- 5660 Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No [] Public Hearing: [X] Action Item: [] Attachments: [X] Commission Action Required: Yes [] No [X] Date: _______________ Public Notification: (E-Mail) Meetings and Agendas – City Council (08/05/09); (Email) Plains Exploration and Production (08/04/10); (Email and mail) individuals who spoke at prior Council Meetings related to this topic (08/04/10); (Publication) Culver City News (07/29/10) Department Approval: Sol Blumenfeld (08/05/10) Carol Schwab (by H. Baker) (08/04/10) City Attorney Approval: Carol Schwab (by H. Baker) (08/04/10) Chief Financial Officer Approval: Jeff Muir (by M. Noller) (08/05/10) Acting City Manager Approval: Martin Cole (08/05/10) City of Culver City, California Agenda Item Report police powers as set established by the State Constitution and voluntarily in accordance with Section 65858 of the California Government Code, 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 Inglewood Oil Field (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. On September 21, 2009, consistent with the provisions of Government Code Section 65858 (d), the City Council issued a report on the actions and measures taken by the City since the adoption of the Moratorium to help keep the existing oil operators, future applicants who wish to operate in the Oil Field and the community well-informed on this matter (Attachment 3). Subsequent to the issuance of such report, on October 5, 2009, the City Council adopted Ordinance No. 2009-008 (Attachment 4), which extended the Moratorium an additional ten months and 15 days from the initial 45-day period through August 23, 2010, as permitted by Government Code Section 65858 (a). On July 26, 2010, consistent with the provisions of Government Code Section 65858 (d), the City Council issued a report on the actions and measures taken by the City since the adoption of the Moratorium to help keep the existing oil operators, future applicants who wish to operate in the Oil Field and the community well-informed on this matter (the “Report”) (Attachment 5). By its own terms, the Moratorium shall expire and be of no further force and effect on August 23, 2010, unless extended by four-fifths vote of the City Council. 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 extension of the 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 the Existing Regulations are in need of updating and City of Culver City, California Agenda Item Report studies should be done to provide recommendations of possible new standards for oil drilling activities. DISCUSSION: Review and Study of Existing Regulations: As set forth in the Report, the City has continued its work with its technical and legal consultants to review various oil field regulations adopted by other local agencies, including the County of Los Angeles (the “County”). Additionally, the City continues to work diligently with the County and oil field operator Plains Exploration and Production (“PXP”) as the County further studies its recently adopted Baldwin Hills Community Standards District (“CSD”), which regulates oil operations in that portion of the Oil Field that is within the jurisdiction of the County. By working with the County and PXP, the City is attempting to bring about mutually acceptable and uniform regulations of the Oil Field, which spans across two jurisdictions—the City and the County. These cooperative efforts are ongoing and it is hoped that they will reach a conclusion in the near future. The City also continues to study possible revisions to the Culver City Municipal Code (“CCMC”), Title 17, Zoning, which 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. With the assistance of its consultants, draft regulations have been prepared which continue to be reviewed by City staff. The study, review and revisions are not yet complete. Once completed, the draft amendments to the Zoning Code will be required to go through a public review process, including consideration by the Planning Commission with a recommendation to the City Council. It is anticipated that, after receiving community input at a public meeting, a draft ordinance amending Title 17 would be considered by the Planning Commission no later than spring of 2011. Since the establishment of the Moratorium, the City has dedicated a significant amount of time and resources in obtaining technical, legal, and staff to study possible revisions to the CCMC. However, during this period, City staff and consultants have also had to spend significant and valuable time and resources defending litigation that PXP filed against the City challenging the moratorium and the City’s right to enact new oil and gas drilling regulations. All of the decisions in the litigation have found in the favor of the City, including a final judgment upholding the City’s moratorium and its right to adopt new regulations for oil and gas drilling. Defending this litigation has diverted the City’s staff and technical City of Culver City, California Agenda Item Report and legal consultants from spending more time and resources on the City’s oil drilling ordinance. The City, with the assistance of its consultants, is pursuing its study, review and revisions as expeditiously as is practicable. Declaration of Urgency: The extension of the Moratorium is necessary in order to protect the City from the potential health and safety impacts of use of land for oil and/or gas operations approved under the Existing Regulations, including air quality, noise, releases, spills and other impacts, and to preserve the quality of life and protect the health, safety and welfare of the communities surrounding the Oil Field and throughout the City and the region. The Moratorium continues to be required to preserve the public health, safety and welfare and should be extended immediately by adoption of this urgency ordinance, to make certain permits for use of land for the drilling, redrilling or deepening of wells associated with oil and/or gas operations are issued only under adequate regulations. Extension of the Moratorium will allow the City sufficient time to conclude the preparation of comprehensive regulations for such activities. The termination of the Moratorium would create a serious threat to the orderly and effective implementation of any amendments to the CCMC or other related regulations which may be adopted by the City Council as a result of studying this issue, in that use of land within the City for the drilling, redrilling and deepening of wells associated with oil and/or gas operations under the Existing Regulations may be in conflict with or frustrate the possible updates and revisions to the CCMC and other regulations. There is a current and immediate threat to the public health, safety and welfare of the City and its community, thereby necessitating the extension of the Moratorium, in that the approval of permits for use of land for the drilling, redrilling or deepening of wells associated with oil and/or gas operations, would be required to be processed under the Existing Regulations, which do not provide adequate protections for the communities surrounding the Oil Field, including Culver City and the region. In fact, since the initial adoption of the Moratorium on August 24, 2009, the City received information that four Notices of Intention to Drill New Wells, which were pending before the State Division of Oil, Gas and Geothermal Resources (“DOGGR”) for permits to drill within the jurisdiction of the City (“DOGGR Permits”), were approved on August 25, 2009. In addition, after the Moratorium was adopted, Plains Exploration and Production (“PXP”), the applicant for the City of Culver City, California Agenda Item Report DOGGR Permits and the operator of the Oil Field, attempted to apply to the City for the drilling of three new wells in the Oil Field within the City’s jurisdiction. Also, on September 21, 2009, DOGGR received a fifth Notice of Intention to Drill New Wells from PXP for a permit to drill a new well almost 10,000 feet in depth within the City’s jurisdiction. Moratorium: If the Council adopts the proposed Ordinance, then the Moratorium shall be extended through and including August 23, 2011, 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 use of land within 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 continue its review, study and revisions to 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 proposed Ordinance would take effect immediately and would continue in full force and effect through August 23, 2011 (unless repealed by the City Council). The procedures set forth in Government Code Section 65858, which the City has chosen to follow for imposition and extension of the Moratorium provide that, after notice and a public hearing, a moratorium adopted by an urgency ordinance may be extended for 10 months and 15 days and subsequently extended for an additional one year period by a four-fifths vote of the City Council upon a finding the action is required to protect the public safety, health and welfare. Pursuant to the procedures established by Section 65858, if so extended, such moratorium would have no further force and effect two years after its original adoption. City of Culver City, California Agenda Item Report 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 2. Ordinance No. 2009-007 3. Resolution No. 2009-R076 4. Ordinance No. 2009-008 5. Resolution No. 2010-R059 MOTION: That the City Council: Introduce and Adopt an interim Ordinance extending the moratorium established by Ordinance No. 2009-007 and extended by Ordinance No. 2009-008, on the use of land for 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. (This item requires a four-fifths vote.) MEETING DATE: 08109/10 AGENDA ITEM: introduction and Adoption of an interim Ordinance Extending for an Additional One Year Period the Temporary Moratorium, Established by Ordinance No. 2009-007 and Extended by Ordinance•No. 2009-008, 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. ATTACHMENTS Pages 1. Proposed Ordinance 1-12 2. Ordinance No. 2009-007 1318 3. Resolution No. 2009-R076 19-23 4. Ordinance No 2009-008 24-34 5. Resolution No 2010-R059 35-40 I ORDINANCE NO. 2010-|1010|AN INTERIM ORDINANCE OF THE CITY OF CULVER 3 CITY, CALIFORNIA, EXTENDING FOR AN ADDITIONAL 4 ONE YEAR ORDINANCE NO. 2009-008 AND THE TEMPORARY MORATORIUM ESTABLISHED THEREIN 5 ON THE USE OF LAND FOR DRILLING, REDRILLING OR DEEPENING OF ANY WELLS WITHIN THE 6 JURISDICTION OF THE CITY OF CULVER CITY THAT 7 ARE ASSOCIATED WITH OIL AND/OR GAS OPERATIONS, AND DECLARING THE URGENCY 8 THEREOF.|10 10| 10 The City Council of the City of Culver city, does hereby ordain as follows: 11 SECTION 1. FINDINGS. 12 The City Council of the City of Culver City .;:hereby, find , determines, and 13 declares that: 14 15 16 Establishing a Temporary Moratorium on the Drilling, Redrilling : or Deepening of Any 17 Wells within the:Jurisdiction of the City of Culver City that are Associated with Oil and/or 18 Gas Operations and Declaring the Urgency thereof" (hereinafter, the "Moratorium") in 19 order to allow the City time to thoroughly review, study and revise the City's laws, rules, 20 procedures and fees related to the use of land for oil and/or gas operations, to enable 21 the City to adequately and appropriately balance the rights of existing operators and 22 future applicants who wish to operate in the Inglewood Oil Field (the "Oil Field"), with 23 the preservation of the health, safety and welfare of the communities surrounding the 24 Oil Field, including Culver City, the unincorporated areas of Los Angeles County, which 25 include, but are not limited to, Ladera Heights, View Park, Windsor Hills and Baldwin 26 Hills, and the Greater Los Angeles area (collectively; ,the . -"Region"). The Moratorium 27 was adopted and immediately effective pursuant to- the . authority set forth in City 28 On August 24, 2009, the City . Council adopted Ordinance No. .„ 2009-007 entitled "An Interim Ordinance of the City of Culver City, California,Charter Section 614 and in conformity with the timing and processing requirements of Government Code Section 65858; however, the City, as a charter city and as provided through the police powers enumerated in the State Constitution, of home rule and to enact laws related to municipal affairs, including adopting moratoria related to land uses and other activities that occur or may occur within the City's jurisdiction, is not reliant solely on the authority of Government Code Section 65858. B. In adopting the Moratorium, the City Council made the following findings: 1. 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 a.cldiOon,,the impacts of greenhouse gas emissions from these operations extend far beyond Culver City:and the Region. 2. Three significant incident§ arising from Oil Field operations, occurring within the period of about two years on January 1,0, 2006, February 6, 2006 and March 22, 2008, resulted in substantial impacts to the surrounding communities. The first of these incidents resulted in a significanrrelease of gases and odors to surrounding neighborhbods, 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- occurre& when a pipeline leak resulted in a release of crude oil that reached the City'sstorm drain:system, threatening to enter the 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 -2-|101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 n,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. 3. The City is also aware of the immediate and future interest of several stakeholders to pursue drilling, redrilling and deepening wells associated with oil and/or gas operations associated with oil and/or .gas operations in the Oil Field. 4. 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 path:Aim and starring of land that will likely be transformed : into parkland in and around thec-areaalready :designated as the Baldwin Hills Conservancy, which includes Culver City parkland and other property. Under State law, such areas should be protected for 41- ;refuttare benefit of the Culver City community and the entire Region. 5. Effective regulations shoulki be adopted that allow oil drilling operations to co-exist safely with the communitieS' :;surrounding 'The Oil Field and throughout the City and Region. 6. 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, but not limited. to 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. 7. The revisions described in Paragraph 6, above, and the nature of those activities and land uses will likely result -in the City amending, repealing and adding provisions to the CCMC, including Title 17, the Culver City Zoning Code. -3-|101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 288. Without the imposition of a temporary moratorium on the drilling, redrilling and deepening of wells associated with oil and/or gas operations, the City may be required to process applications for such drilling activities despite the fact the Existing Regulations are in need of updating and studies should be done to provide recommendations for possible new standards for oil and/or gas operations. 9. The City has already begun the process of reviewing, studying and revising the Existing Regulations, which has included, but not been limited to: a) 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 the7City 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 Irnpact Report were transmitted to the County during its review process. City participation in this process is ongoing. b) As a result of unanimous action taken by the County Board of Supervisors on August 4, 2009, to further. Study the CSD, which was supported by Resolution of the City Council, the City needstime to work in conjunction with the County to bring about mutually acceptable and Uniform regulations of the Oil Field. c) As part of the City's effort to draft amendments to the Existing Regulations, the City has retained technical arid legal consultants and is -4-|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28currently reviewing various oil field regulations adopted by other local agencies, including the County. 10. 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, with the preservation of the health, safety and welfare of the communities surrounding the Oil Field and throughout the City and Region. 11. A moratorium is necessary in order to protect the City and its residents, businesses and visitors from the potential health and safety impacts of oil and/or gas operations approved under the Existing Regulations, including air quality, noise, releases, spills and other impacts, and to preserve the quality of life and protect the health, safety and welfare of the communities SUrtidunding-the Oil Field and throughout the City and the Region. 12. A moratorium is immediately reqbired 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 wells associated with oil and/or gas operations 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 suClyaotivities. 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 and deepening of wells associated with oil and/or gas operations under the Existing Regulations, may be; in conflict with or frustrate the conternplated updates and revisions to the CCMC. 13. There is a current and immediate threat to the public health, safety and welfare of the City and its community, thereby necessitating the immediate enactment of this Ordinance, in that the approval of permits for the drilling, redlining or -5-|101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28deepening of wells associated with oil and/or gas operation 's, which would be required to be processed under the Existing Regulations, do not provide adequate protections for the communities surrounding the Oil Field, including Culver City and the Region. Moreover, the City has become aware of four Notices of Intention to Drill New Wells pending before the State Division of Oil, Gas and Geothermal Resources ("DOGGR") for permits to drill within the jurisdiction of the City of Culver City ("DOGGR Permits"). C. Since the adoption of the Moratorium, the City received the following additional information: 1. The four DOGGR Permits were approved on or about August 25, 2009 by DOGGR. 2. On September 21, 2009, after the MoratOriunn was adopted, Plains Exploration and Production ("PXP"), the applicant for the' DOGGR Permits and the operator of the Oil Field, attempted to apply to the Cityfor the'drilling of three new wells in the Oil Field within the Culver City jurisdiction. :The City did not anticipate that PXP would be applying to the City for the drilling of the three new wells, because according to information supplied by PXP in connection with the County's Final Environmental Impact Report for the Baldwin Hills Community Standards District dated October 4, 2008 (page 3-3, Table 3.1), PXP estimated it would not drill any new wells within Culver City in 2009 and only one new well in 2010, 3. Also, on September 21 .2009, DOGGR received a fifth Notice of Intention to Drill New Wells from PXP for a permit to: drill a new well almost 10,000 feet in depth within the Culver City jurisdiction; and D. On September 21, 2009, consistent with the provisions of Government Code .Section 65858 (d), the City Council, by Resolution No. 2009-R076, approved and issued a report setting forth actions and measures taken to alleviate conditions which led to the adoption of the Moratorium, which included, but were not limited, the City's continuing efforts to: -6- I|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 281. Work with the City's technical and legal consultants to review various oil field regulations adopted by other local agencies; 2. Work with the County as it further studies its CSD; 3. Study possible revisions to the Culver City Municipal Code, Title 17, Zoning, which 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; and 4. Prepare and review draft amendments to the Zoning Code which will be required to go through a public review process, -. including consideration by the Planning Commission with a recommendation to the City:Council. E. On October 5, 2009, the City Councit"adopted Ordinance No. 2009- 008 which extended the Moratorium an additional ten : months and 15 days from the initial 45-day period through August 23, 2010, as permitted. by -Government Code Section 65858 (a). F. On July 26, 2010, consistent With the provisions of Government Code Section 65858 (d), the City Council, by Resolution No. 2010-R059, which is hereby incorporated by this reference, approved and issued •a report setting forth actions and measures taken to alleviate conditions which led to the adoption of the Moratorium (the "Report"), which included, but were not limited, the City's continuing efforts to: 1. Work with the City's technical and legal consultants to review various oil field regulations adopted by other local agencies, including the County; 2. Work with the County and PXP as the County further studies its CSD. These cooperative efforts are ongoing and it is hoped they will reach a conclusion in the near future; -7-|101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 283. Study possible revisions to the Culver City Municipal Code, Title 17, Zoning, which 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; and 4. Prepare and review draft amendments to the Zoning Code which will be required to go through a public review process, including consideration by the Planning Commission with a recommendation to the City Council. It is anticipated that, after receiving community input at a public meeting, a draft ordinance would be considered by the Planning Commission no later than .spring of 2011. a By its own terms, the Moratorium shall expire and be of no further force and effect on August 23 2010, unless extended by four-fifths vote of the City Council. H. On August 9, 2010, the City Council held a duly noticed public hearing to consider extending the Moratorium for an additional one year period through and including August 23, 2011. I. The City Council considered all of, the :written- and oral testimony offered concerning whether to extend the prohibition 'foran additional period of time as noted in Section 1, Paragraph H above. J. The extension of the Moratorium is necessary in order to protect the City and communities surrounding the Oil Field and throughout the City and Region from the potential health and safety impacts of oil and/or gas operations approved under the Existing Regulations, including air quality, noise, releases, spills and other impacts, and to preserve the quality of life and protect-the health, safety and welfare of the communities surrounding the Oil Field and throughout the City and the Region. K. Extension of the Moratorium is immediately required to preserve the public health, safety and welfare and should be extended immediately by adoption|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -8-of this urgency ordinance, to make certain permits for the drilling, redrilling or deepening of wells associated with oil and/or gas operations are issued only under adequate regulations. Extension of the Moratorium will allow the City sufficient time to conclude the preparation of comprehensive regulations for such activities. The expiration of the Moratorium Would create a serious threat to the orderly and effective implementation of any amendments to the CCMC or other related regulations WhiCh may be adopted by the City Council as a result of studying this issue, in that the use of land for the drilling, redrilling and deepening of wells associated with oil and/or gas operations under the Existing Regulations may be in conflict with or frustrate the possible updates and revisions to the .CCMC and other regulations. L. There is a current and immediate .threat to the public health, safety and welfare of the City and its community, thereby necessitating the immediate extension of the Moratorium, in that the approval of permits for the use of land for the drilling, redrilling or deepening of wells associated with oil and/or gas operations, would be required to be processed under the Existing Regulations, which do not provide adequate protections for the communities surrounding the Oil Field, including Culver City and the Region. In addition, the community continues to express concerns regarding odors, noise, aesthetics, air quality, water quality and public health and safety issues arising from oil and/or gas operations. M. The facts constituting such urgency are •set forth in Section 1, Paragraphs A-L, inclusive, of this ordinance. N. The Moratorium is a matter of City-wide importance and the provisions set forth herein shall apply equally to any and all existing operators and future applicants. SECTION 2. EXTENSION OF MORATORIUM. The City Council finds and determines the Moratorium duly enacted by Ordinance No. 2009-007 and extended by Ordinance No. 2009-008 is hereby extended|101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -9- 9for an additional one year period. The Moratorium was adopted on August 24, 2009, extended on October 5, 2009, and is set to expire on August 23, 2010. Accordingly, by this extension the Moratorium is further extended until midnight August 23, 2011, unless sooner terminated by the City Council. Therefore, from August 24, 2010, through and including August 23, 2011, 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 use of land for the drilling, redrilling or deepening of any well associated with oil and/or gas operations, and no drilling, redrilling or deepening of any well associated with oil and/or gas operations shall be commenced, 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. EXCEPTION. The City Council finds the Moratorium shall be modified so that if the City Council, based on substantial evidence presented in Writing to the City Council at a duly noticed public meeting held no less than 30 nor more than 90 City-business days after the City Clerk's receipt of that evidence, determines the_city8 receipt and consideration of an application for a permit to drill within the portion 'of• the Oil Field Within the City's jurisdiction is necessary for the preservation of the public's health and safety, then such application may be filed and processed in accordance with the City's then current regulations and: authority, subject to any and all DOGGR, California Environmental Quality Act ("CEQA") and CEQA Guidelines and other applicable requirements. SECTION 4. REPORT ISSUANCE. The City Council previously adopted Resolution No. 2010-R059 at its meeting of July 26, 2010, and found the Report of the same date adequately describes -10-|101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28the measures taken to alleviate the conditions which led to the adoption of the Moratorium. SECTION 5. URGENCY MEASURE. Pursuant to Charter Section 614, it is hereby declared 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 6. SEVERABILITY. The City Council hereby declares, 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, sentences, phrases or words of this ordinance and as such they shall remain in full force and effect. SECTION 7. 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. III /11 III|101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28SECTION 8. 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 on the date of that adoption as noted below. APPROVED AND ADOPTED this day of 2010.|101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 11_ 28 CHRISTOPHER ARMENTA, Mayor City of Culver City, California -12- ATTEST: APPROVED AS TO FO M. MARTIN R. COLE, City Clerk A SCHWAB, ity Attorney A09-00340A-FT/Or z declares that: I|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 2009- 007 AN INTERIM 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. The City Council of the City of Culver City does hereby ordain as follows: SECTION 1. FINDINGS. The City Council of the City of Culver City hereby finds, determines, and A. 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 West Los Angeles Region (the "Region"). B. 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 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 the BaIlona Creek, a waterway emptying into the Santa Monica Bay. Al] such t5 7n09 _ n072 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. D. 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. 1-sf -Faar-nr,t-Inmr-1, r-nr-,r+e-,ril mnn V ILI ILiUt i i iL.:i i drilling, red rilling and deepening of wells associated with oil and/or gas operations, the -2- 2firiq -|101010101010 10 10|11 12 13 14 15 16 17 18 19 20 . 21 22 23 24 25City 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 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. H. Further detailed review and study is needed to make certain revisirm c th.= ti^tinn.- will ncir‘nutPl y P, !leg pprnipriPAP.Iy 1.7-) 1Pnce the rights of existing oil operators and future applicants who wish to operate in the Oil Field, -3- 7nroci 11117|101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 2840 27|1010|f's with the preservation of the health, safety and welfare of the communities surrounding 2 the Oil Field and throughout the City and Region.|109| I. This interim Ordinance (this "Ordinance") is necessary in 4 order to protect the City from the potential health and safety impacts of oil and/or gas 5 operations approved under the Existing Regulations, including air quality, noise, 6 releases, spills and other impacts, and to preserve the quality of life and protect the 7 health, safety and welfare of the communities surrounding the Oil Field and throughout 8 the City and the Region. J. This Ordinance is immediately required to preserve the 10 public health, safety and welfare and should be adopted immediately as an urgency 11 ordinance, to make 'certain that permits for the drilling, redrilling or deepening of wells 12 associated with oil and/or gas operations are issued only under adequate regulations. 13 Imposition of a moratorium will allow the City sufficient time to conclude the preparation 14 of a comprehensive ordinance for the regulation of such activities. The absence of this 15 Ordinance would create a serious threat to the orderly and effective implementation of 16 any amendments to the CCMC which may be adopted by the City Council as a result of 17 studying this issue, in that the drilling, redrilling and deepening of wells associated with 18 oil and/or gas operations under the Existing Regulations may be in conflict with or 19 frustrate the contemplated updates and revisions to the CCMC. 20 K. There is a current and immediate threat to the public health, 21 safety and welfare of the City and its community, thereby necessitating the immediate 22 enactment of this Ordinance, in that the approval of permits for the drilling, redrilling or 23 deepening of wells associated with oil and/or gas operations, which would be required 24 to be processed under the Existing Regulations, do not provide adequate protections 25 for the communities surrounding the Oil Field, including Culver City and the Region. Mnfif-,=s InfcarcHrT -Frs Drill New e•uver the r‘i+" become 1 4,, 1=,1 444 pending before the State Division of OH, Gas and Geothermal Resources ("DOGGR") -4- ,nnq nn7for permits to drill within the jurisdiction of the City of Culver City. Although the City has|109| not yet received any applications for such wells, it is likely that they will be forthcoming.|109| L. The facts constituting such urgency are set forth in Section|109| 1, Paragraphs A-K, inclusive, of this Ordinance.|109| SECTION 2. MORATORIUM.|109| From August 24, 2009 through and including October 7, 2009, no 7 application for permit shall be accepted, no consideration of any application for permit 8 shall be made and no permit shall be issued by the City, for the drilling, red rifling or 9 deepening of any well associated with oil and/or gas operations, in order to allow the 10 City time to thoroughly review, study and revise the City's laws, rules, procedures and 11 fees related to oil and/or gas operations, which will enable the City to adequately and 12 appropriately balance the rights of existing operators and future applicants who wish to 13 operate in the Oil Field, with the preservation of the health, safety and welfare of the 14 communities surrounding the Oil Field, including Culver City and the Region. 15 SECTION 3. URGENCY MEASURE. 16 Pursuant to Charter Section 614, it is hereby declared that this Ordinance 17 is necessary as an urgency measure for the preservation of the public health, safety 18 and welfare. The City Council finds the urgency measure is necessary in order to• 19 ensure adequate regulation of oil and/or gas operations is adopted prior to the issuance 20 of any permits for the drilling, redrilling or deepening of any well associated with oil 21 and/or gas operations, which regulations will serve to adequately and appropriately 22 balance the rights of existing operators and future applicants who wish to operate in the 23 Oil Field, with the preservation of the public health, safety and welfare of the 24 communities surrounding the Oil Field, including Culver City and the Region. 25 SECTION 4. SEVERABILITY. r‘;+,,, 41-1.24 py., r‘rnacirin ont-firm 11 1 1 1 . 77 ...1 LI ry Li VI Li I I,„ subsection, paragraph, sentence, phrase or word of this ordinance is rendered or -5- 9nnci - 26' 27 28I|10101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LSJ APPROVED AND ADOPTED this 24th day of August 2009. ANDRE WE/SSMAN, Mayor City of Culver City, California APPROV A-S TO F CAR|1010|-6- L SCHWAB, C- ify Attorney 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, sentences, 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. A09-00340 ATTEST: MARTIN R. COLE, City ClerkAr rAcw-t El\r-i- RESOLUTION NO. 2009-R076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CULVER CITY, CALIFORNIA, APPROVING AND ISSUING A REPORT ON CITY ACTIONS TAKEN IN RELATION TO INTERIM ORDINANCE NO. 2009-007 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. WHEREAS, on August 24, 2009, the City Council adopted Interim Ordinance No. 2009-007 (the "Ordinance") establishing a 45-day 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; and WHEREAS, the City Council, adopted the Ordinance pursuant to Section 614 of the City Charter and Section 65858 of the California Government Code, 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; and WHEREAS, Government Code Section 65858 (d) requires the City Council, 10 days prior to the expiration of the Ordinance or any extension, to issue a written report describing the measures taken to alleviate the condition which led to the adoption of the Ordinance, and such report will help keep the existing oil operators, 2009 - R076|101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28I|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MARTIN R. COLE, City Clerk CAROL SCHWAB, d-ty Attorney By: Ela Valladares, Deputy City Clerk A09-00340 2009 R076 -2- APPROVED AND ADOPTED this 21st day of September 2009. ANDREW VVEISSMAN, Mayor City of Culver City, California ATTEST: APPROV7EP SO FORM: future applicants who wish to operate in the Oil Field and the community well-informed on this matter. NOW, THEREFORE, the City Council of the City of Culver City, DOES HEREBY RESOLVE as follows: The City Council approves and issues a "Report on Actions and Measures Taken to Alleviate Conditions which Led to the Adoption of Interim Ordinance No. 2009-007 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," which Report is attached hereto as Exhibit 'A" and incorporated herein by this reference.EXHIBIT "A" TO RESOLUTION NO. 2009-R REPORT OF THE CITY COUNCIL OF THE CITY OF CULVER CITY REPORT ON ACTIONS AND MEASURES TAKEN TO ALLEVIATE CONDITIONS WHICH LED TO THE ADOPTION OF INTERIM ORDINANCE NO. 2009-007 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 On August 24, 2009, the City Council of the City of Culver City adopted Interim Ordinance No. 2009-007 (the "Ordinance), establishing a 45-day 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. The Ordinance was adopted pursuant to Section 614 of the City Charter and Section 65858 of the California Government Code, 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 Inglewood Oil Field (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. The Ordinance will expire by its own terms on October 8, 2009. The City is reviewing whether there is a need to extend the Ordinance, prior to its expiration, in order to protect the public health, safety and welfare. The City Council will consider such extension at its October 5, 2009 meeting. Since the adoption of the Ordinance, the City has continued its work with its technical and legal consultants to review various oil field regulations adopted by other local agencies, including the County of Los Angeles (the "County"). Additionally, the City continues to work with the County as it further studies its recently adopted Baldwin Hills Community Standards District ("CSD"), which regulates oil operations in that portion of the Oil Field that is within the jurisdiction of the County. By working with the County, the City is attempting to bring about mutually acceptable and uniform regulations of the Oil Field, which spans across two jurisdictions—the City and the County. Page 1 of 2 Exhibit "A" to Resolution No. 2009-RAPP SSUED: DATED: ak SE -P 2C-- \09 ANDREW EISSMAN T Mayor City of Culver City, California Page 2 of 2 Exhibit "A" to Resolution No. 2009-R The City also continues to study possible revisions to the Culver City Municipal Code, Title 17, Zoning, which 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. With the assistance of its consultants, draft regulations have been prepared which are currently being reviewed by City staff. The study, review and revisions are not yet complete. Once completed, the draft amendments to the Zoning Code will be required to go through a public review process, including consideration by the Planning Commission with a recommendation to the City Council. The City, with the assistance of its consultants, is pursuing its study, review and revisions as expeditiously as is practicable. This Report is issued in accordance with Government Code § 65858(d), which requires the City Council, 10 days prior to the expiration of the Ordinance or any extension, to issue a written report describing the measures taken to alleviate the condition which led to the adoption of the Ordinance. In addition, issuance of this Report will help keep the existing oil operators, future applicants who wish to operate in the Oil Field and the community informed regarding the progress the City has made over the course of the last few weeks to address the concerns cited by the City Council in adopting Interim Ordinance No. 2009-007.STATE 0 7 CALIFORNIA CO N7 OF LOS ANGELES CY OF CULViR CITY I, Ela Valladares, Deputy City Clerk of the City of Culver City, California, do lereby certify that the foregoing Resolution \lo. 2009—R076 as duly and regularly adopted, passed, and approved by the City Council of the City of Culver City, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the 2 -I st day of September 2009, by the following Councilmember vote. AYES: Armenta, vlalsin, O'Leary, Silbiger, Weissman NOES: None ABSTAIN: None ABSE\T: None Dated this7),J day of September, 2009 Ela Valladares Deputy City Clerk and Ex—Officio Clerk of the City Council City of Culver City, State of California10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ta-r-Ac fv-IENT- I ORDINANCE NO. 2009- 008|1010|AN INTERIM ORDINANCE OF THE CITY OF CULVER|1010|CITY, CALIFORNIA, EXTENDING FOR AN ADDITIONAL|1010|10 MONTHS AND 15 DAYS ORDINANCE NO. 2009-007 AND THE TEMPORARY MORATORIUM ESTABLISHED 5 THEREIN ON THE USE OF LAND FOR DRILLING, REDRILLING OR DEEPENING OF ANY WELLS WITHIN|1010|THE JURISDICTION OF THE CITY OF CULVER CITY|1010|THAT ARE ASSOCIATED WITH OIL ANDIOR GAS OPERATIONS, AND DECLARING THE URGENCY 8 THEREOF.|10 10|The City Council of the City of Culver City does hereby ordain as follows: SECTION 'I_ FINDINGS. The City Council of the City of Culver City hereby finds, determines, and declares that A. . On August 24, 2009, the City Council adopted Ordinance No. 2009-007 entitled "An interim 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' (the "Interim Ordinance") in order to allow the City time to thoroughly review, study and revise the City's laws, rules, procedures and fees related to the use of land for oil and/or gas operations, to enable the City to adequately and appropriately balance the rights of existing operators and future applicants who wish to operate in the Inglewood Oil Field (the "Oil Field"), with the preservation of the health, safety and welfare of the communities surrounding the Oil Field, including Culver City, the unincorporated areas of Los Angeles County, which include, but are not limited to, Ladera Heights, View Park, Windsor Hills and Baldwin Hills, and the Greater Los Angeles area (collectively, the-"Region"). The Interim Ordinance was adopted and immediately effective pursuant to the authority set forth in 2009 - 008City Charter Section 614 and in conformity with the timing and processing requirements of Government Code Section 65858; however, the City, as a charter city and as provided through the police powers enumerated in the State Constitution, of home rule and to enact laws related to municipal affairs, including adopting moratoria related to land uses and other activities that occur or may occur within the City's jurisdiction, is not reliant solely on the authority of Government Code Section 65858. B. In adopting the Interim Ordinance, the City Council made the following findings: 1. 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 Region. 2. 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 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 the 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 -2- 2009 - 008|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 284. 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. 5. Effective regulations should be adopted that allow oil drilling Operations to Go-exist safely with the communities surrounding the . Oil Field and throughout the City and Region. 6. 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, but not limited to, Chapter 11.12, Oil, Gas and Hydrocarbons, need review, study and revisions in order to protect the health, safely and welfare of the communities surrounding the Oil Field and throughout the City and Region. 7. The revisions described in Paragraph 6, above, arid the nature of those activities and land uses will Likely result in the City amending, -3- 2009 -008|101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 )J0 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, 3. The City is also aware of the immediate and future interest of several stakeholders to pursue drilling, redrilling and deepening of wells associated with oil and/or gas operations associated with oil and/or gas operations in the Oil Field.repealing and adding provisions to the CCMC, including Title 17, the Culver City Zoning Code, 8. Without the imposition of a temporary moratorium on the drilling, redrilling and deepening of wells associated with oil and/or gas operations, the City may be required to process applications for such drilling activities despite the fact the Existing Regulations are in need of updating and studies should be done to provide recommendations for possible new standards for oil and/or gas operations. 9. The City has already begun the process of reviewing, studying and revising the Existing Regulations, which has included, but not been limited to: a) City Council members, City residents and City staff have actively participated in the County of Los Angeles' process to establish a community standards district ("CSIY) 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. b) As a result of unanimous action taken by the County Board of Supervisors on August 4, 2009 to further study the CSD, which was supported by Resolution of the City Council, the City needs time to work in conjunction with the County to bring about mutually acceptable and uniform regulations of the Oil Field. -4- 2009-008|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 281|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C) 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. 10_ 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, with the preservation of the health, safety and welfare of the communities surrounding the Oil Field and throughout the City and Region. 11. A moratorium is necessary in order to protect the City and its residents, businesses and visitors from the potential health and safety impacts of oil and/or gas operations approved under the Existing Regulations, including air quality, noise, releases, spills and other impacts, and to preserve the quality of life and protect the health, safety and welfare of the communities surrounding the Oil Field and throughout the City and the Region. 12. A moratorium 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 wells associated with oil and/or gas operations 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 and deepening of wells associated with oil and/or gas operations under the Existing Regulations may be in conflict with or frustrate the contemplated updates and revisions to the CCMC, -5- 2009 - 00813. There is a current and immediate threat to the public health, safety and welfare of the City and its community, thereby necessitating the immediate enactment of this Ordinance, in that the approval of permits for the drilling, redrilling or deepening of wells associated with oil andior gas operations, which would be required to be processed under the Existing Regulations, do not provide adequate protections for the communities surrounding the Oil Field, including Culver City and the Region. Moreover, the City has become aware of four Notices of Intention to Drill New Wells pending before the State Division of Oil, Gas and Geothermal Resources ("DOGGR") for permits to drill within the jurisdiction of the City of Culver City ("DOGGR Permits"). C. Since the adoption of the interim Ordinance, the City has received the following additional information: I. The four DOGGR Permits were approved on or about August 25, 2009 by DOGGR. 2. On September 21, 2009, after the Interim Ordinance was adopted, Plains Exploration and Production ("PXP"), the applicant for the DOGGR Permits and the operator of the Oil Field, attempted to apply to the City for the drilling of three new wells in the Oil Field within the Culver City jurisdiction. The City did not anticipate that PXP would be applying to the City for the drilling of the three new wells, because according to information supplied by PXP in connection with the County's Final Environmental Impact Report for the Baldwin Hills Community Standards District dated October 4, 2008 (page 3-3, Table 3.1), PXP estimated it would not drill any new wells within Culver City in 2009 and only one new well in 2010. 3. Also, on September 21, 2009, DOGGR received a fifth Notice of Intention to Drill New Wells from PXP for a permit to drill a new well almost 10,000 feet in depth within the Culver City jurisdiction; and 2009- 008|101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -6-I|1010101010101010 10 10|11 12 13 14 15 16 18 19 20 21 22 2a 24 25 26 27 28 D. By its own terms, the Interim Ordinance shall expire and be of no further force and effect on October 8, 2009, unless extended by four-fifths vote of the City Council. E. On September 21, 2009, the City Council, by Resolution No. 2009-R076, approved and issued a report, which is hereby incorporated by this reference (the "Report"). The Report sets forth actions and measures taken to alleviate conditions which led to the adoption of Interim Ordinance, which include, but are not limited, the City's continuing efforts to: 1. Work with the City's technical and legal consultants to review various oil field regulations adopted by other local agencies; 2. Work with the County as it further studies its CSD; 3. Study possible revisions to the Culver City Municipal Code, Title 17, Zoning, which 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; and 4. Prepare and review draft amendments to the Zoning Code which will be required to go through a public review process, including consideration by the Planning Commission with a recommendation to the City Council, F. On October 5, 2009, the City Council held a duly noticed public hearing to consider extending the Interim Ordinance for the balance of one year, which shall be an additional ten (10) months and fifteen (15) days after the termination date of the initial 45-day temporary moratorium. G. The City Council considered all of the written and oral testimony offered concerning whether to extend the prohibition for an additional period of time as noted in Section 1, Paragraph F above. -7- 2009 - 008H. The extension of the Interim Ordinance is necessary in order to protect the City and communities surrounding the Oil Field and throughout the City and Region from the potential health and safety impacts of oil and/or gas operations approved under the Existing Regulations, including air quality, noise, releases, spills and other impacts, and to preserve the quality of life and protect the health, safety and welfare of the communities surrounding the Oil Field and throughout the City and the Region. I. Extension of the Interim Ordinance is immediately required to preserve the public health, safety and welfare and should be extended immediately by adoption of this urgency ordinance, to make certain permits for the drilling, redrilling or deepening of wells associated with oil and/or gas operations are issued only under adequate regulations. Extension of the Moratorium will allow the City sufficient time to conclude the preparation of comprehensive regulations for such activities. The expiration of the I nterim Ordinance would create a serious threat to the orderly and effective implementation of any amendments to the CCMC or'other related regulations which may be adopted by the City Council as a result of studying this issue, in that the use of land for the drilling, redrilling and deepening of wells associated with oil and/or gas operations under the Existing Regulations may be in conflict with or frustrate the possible updates and revisions to the CCMC and other regulations. J. There is a current and immediate threat to the public health, safety and welfare of the City and its community, thereby necessitating the immediate extension of the Interim Ordinance, in that the approval of permits for the use of land for the drilling, redrilling or deepening of wells associated with oil and/or gas operations, which would be required to be processed under the Existing Regulations, do not provide adequate protections for the communities surrounding the Oil Field, including Culver City and the Region. In addition, the community continues to express concerns -8- 2009 - 008 3I|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28I|1010101010101010 10 10|11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 regarding odors, noise, aesthetics, air quality, water quality and public health and safety issues arising from oil and/or gas operations. K. The facts constituting such urgency are set forth in Section 1, Paragraphs A-J, inclusive, of this ordinance. • L. This Interim Ordinance is a matter of City-wide importance and the provisions set forth herein shall apply equally to any and all existing operators and future applicants. SECTION 2. EXTENSION OF MORATORIUM. The City Council finds and determines the Interim Ordinance duly enacted by Ordinance No. 2009-007 is hereby extended for an additional ten (10) months and fifteen (15) days from the initial 45-day period. The Interim Ordinance was adopted on August 24, 2009 and the 45-day period is set to expire on October 8, 2009. Accordingly, by this extension that 45-day period of time is extended until midnight August 23, 2010, unless sooner terminated or further extended by the City Council. Therefore, from August 24, 2009, through and including August 23, 2010, 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 use of land for the drilling redrilling or deepening of any well associated with oil and/or gas operations, and no drilling, redrilling or deepening of any well associated with oil and/or gas operations shall be commenced, 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. -9- 2t09 - 008I • SECTION 3. EXCEPTION.|1010| The City Council finds the Interim Ordinance shall be modified so that if 3 the City Council, based on substantial evidence presented in writing to the City Council 4 at a duly noticed public meeting held no less than 30 nor more than 90 City-business 5 days after the City Clerk's receipt of that evidence, determines the City's receipt and 6 consideration of an application for a permit to drill within the portion of the Oil Field 7 within the City's jurisdiction is necessary for the preservation Of the public's health and 8 safety, then such application may be filed and processed in accordance with the City's 9 then current regulations and authority, subject to any and all DOGGR, California 10 Environmental Quality Act ("CEQA") and CEQA Guidelines and other applicable 11 requirements. 12 SECTION 4. REPORT ISSUANCE: 13 The City Council previously adopted Resolution No. 2009-R076 at its 14 meeting of September 21, 2009, and found the Report of the same date adequately 15 describes the measures taken to alleviate the conditions which led to the adoption of 16 the Interim Ordinance, 17 SECTION 5_ URGENCY MEASURE. 18 Pursuant to Charter Section 614, it is hereby declared this Ordinance is 19 necessary as an urgency measure for the preservation of the public health, safety and 20 welfare. The City Council finds the urgency measure is necessary in order to ensure 21 adequate regulation of oil and/or gas operations is adopted prior to the issuance of any 22 permits for the drilling, redrilling or deepening of any well associated with oil and/or gas 23 operations, which regulations will serve to adequately and appropriately balance the 24 rights of existing operators and future applicants who wish to operate in the Oil Field, 25 with the preservation of the public health, safety and welfare of the communities 26 surrounding the Oil Field, including Culver City and the Region. 27 28 -10- 2009 - 008 33I SECTION 6. SEVERABILITY.|109| The City Council hereby declares, if any provision, section, subsection, 3 paragraph, sentence, phrase or word of this Ordinance is rendered or declared invalid 4 or unconstitutional by any final action in a court of competent jurisdiction or by reason of 5 any preemptive legislation, then the City Council would have independently adopted the 6 remaining provisions, sections, subsections, paragraphs, sentences, phrases or words 7 of this ordinance and as such they shall remain in full force and effect.|109| SECTION 7. PUBLICATION.|10 9| Pursuant to Sections 616 and 621 of the City Charter, prior to the 10 expiration of fifteen (15) days after the adoption, the City Clerk shall cause this 11 Ordinance, or a summary thereof, to be published in the Culver City News and shall 12 post this Ordinance or a summary thereof in at least three places within the City. 13 SECTION 8 EFFECTIVE DATE. 14 Pursuant to Section 614 of the City Charter, this Ordinance shall be 15 introduced and adopted at one and the same meeting and shall become effective 16 immediately on the date of that adoption as noted below. 17 18 H APPROVED AND ADOPTED this 5th day of October t 2009. 19 ANDREW WEISSMAN, Mayor City of Culver City, California M: 25 MARTIN R. COLE, City Clerk 26 II BY: Ela Valladares, Deputy City C er A09-G0340 28 20 21 22 23 U ATTEST: 2411 CA APPRO. ED AS T L SCHWAB, ityAttomey 27 2009-008PrrariaeWT- A 1 RESOLUTION NO. 2010- 059|101010|A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CULVER CITY, CALIFORNIA, APPROVING AND|1010|ISSUING A REPORT ON CITY ACTIONS TAKEN IN RELATION TO INTERIM ORDINANCE NO. 2009-008|1010|EXTENDING THE TEMPORARY MORATORIUM ON THE DRILLING, REDRILLING OR DEEPENING OF ANY|1010|WELLS WITHIN THE JURISDICTION OF THE CITY OF|1010|CULVER CITY THAT ARE ASSOCIATED WITH OIL ANDIOR GAS OPERATIONS AND DECLARING THE 8 URGENCY THEREOF.|10 10|WHEREAS, on August 24, 2009, the City_ Council adopted Interim Ordinance No. 2009-007 establishing a 45-day temporary moratorium (the "Moratorium") on the drilling, red ruling or deepening of any wefts within the jurisdiction of the City of Culver City that are associated with oil and/or gas 'operations and declaring the urgency thereof; and WHEREAS, the City Council, adopted the Ordinance pursuant to Section 614 of the City Charter and Section 65858 of the California Government Code, 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; and WHEREAS, On September 21, 2009, the City Council issued a report on the actions and measures taken by the City since the adoption of the Moratorium in order to help keep the existing oil operators, future applicants who wish to operate in the Oil Field and the community well-informed on this matter. Issuance of such report complies with the provisions of Government Code Section 65858 (d), which requires the -1- 3S 2010-R059 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 281|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City Council, ten days prior to the expiration of the Ordinance or any extension, to issue a written report describing the measures taken to alleviate the condition which led to the adoption of the Ordinance; and WHEREAS, subsequent to the issuance of the report, on October 5, 2009, the City Council adopted Ordinance No. 2009-008, which extended the Moratorium an additional ten months and 15 days from the initial 45-day period through August 23, 2010, as permitted by Government Code Section 65858 (a); and WHEREAS, the City is reviewing whether there is a need to further extend the Ordinance, prior to its expiration, in order to protect the public health, safety and welfare; and WHEREAS, on August 9, 2010, the City Council will consider whether an additional one year extension of the Moratorium is warranted; and WHEREAS, ten days prior to any further extension of the Ordinance, the City Council must issue a report on the actions and measures taken to alleviate conditions which led to the adoption of the Ordinance. NOW, THEREFORE, the City Council of the City of Culver City, DOES HEREBY RESOLVE as follows: The City Council approves and issues a "Report on Actions and Measures Taken to Alleviate Conditions which Led to the Adoption of Interim Ordinance No. 2009-008 Extending a Temporary Moratorium on the Drilling, Redrilling or Deepening of any Well within the Jurisdiction of the City of Culver City Associated with / / / III III / / / / / / -2- 2010-R0592010-R059 Oil and/or Gas Operations and Declaring the Urgency thereof," which Report is attached hereto as Exhibit "A" and incorporated herein by this reference. APPROVED AND ADOPTED this 26th day of July- 2010. ATTEST: MARTIN R. COLE, City Clerk A09-00340 -3-|101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APPROVED AS TO FORM: OL 'SCHWAB, City AttorneyEXHIBIT "A" TO RESOLUTION NO. 2010-R 059 REPORT OF THE CITY COUNCIL OF THE CITY OF CULVER CITY REPORT ON ACTIONS AND MEASURES TAKEN TO ALLEVIATE CONDITIONS WHICH LED TO THE ADOPTION OF INTERIM ORDINANCE NO. 2009-008 EXTENDING THE TEMPORARY MORATOR1UNI 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 On October 5, 2009, the City Council of the City of Culver City adopted Interim Ordinance No. 2009-008 (the "Ordinance"), extending the 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. The Ordinance was adopted pursuant to Section 614 of the City Charter and Section 65858 of . the California Government Code, 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 Inglewood Oil Field (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. The Ordinance will expire by its own terms on August 23, 2010. The City is reviewing whether there is a need to further extend the Ordinance one additional year, prior to its expiration, in order to protect the public health, safety and welfare. The City Council will consider such extension at its August 9, 2010 meeting. Since the adoption of the Ordinance, the City has continued . its work with its technical and legal consultants to review various oil field regulations adopted by other local agencies, including the County of Los Angeles (the "County"). Additionally, the City continues to work diligently with the County and oil field operator Plains Exploration and Production ("PXP") as the County further studies its Baldwin Hills Community Standards District ("CD'), which regulates oil operations in that portion of the Oil Field that is within the jurisdiction of the County. By working with the County and PXP, the City is attempting to bring about mutually acceptable and uniform regulations of the Oil Field, which spans across two jurisdictions—the City and the County. Page 1 of 2 Exhibit "A" to Resolution No. 2010-R 059These cooperative efforts are ongoing and it is hoped that they will reach a conclusion in the near future. The City also continues to study possible revisions to the . Culver City Municipal Code, Title 17, Zoning, which appropriately balance the rights of existing operators and future applicants who wish to operate in the -Oil Field, with the presentation of the health, safety and welfare of the.communities surrounding the Oil Field, including . Culver City and the Region. With the assistance of its consultants, draft regulations have been prepared which continue to be reviewed by City staff. The study, review and revisions are not yet complete. Once completed, the draft amendments to the Zoning Code will be required to go through a public review process, including consideration by the Planning Commission with a recommendation to the City Council. It is anticipated that, after receiving community input at a public meeting, a draft ordinance amending Title 17 would be considered by the Planning Commission no later than spring of 2011. The City, with the assistance of its consultants, is pursuing its study, review and revisions as expeditiously as is practicable. This Report is issUed in accordance with Government. Code. § 658(d), which requires . the City Council, ten days prior to the expiration of the Ordinance or any extension, to issue a written report describing the measures taken to alleviate the condition which led to the adoption Of the Ordinance. In addition, issuance of this Report will help keep the existing oil operators, future applicants Who wish to operate in the Oil Field and the community informed regarding the progress the City has made over the cOursesif the last year to address the : concerns cited by the City Council in. adopting Interim Ordinance No. 2009-008. DATED: 21 .0 suit- 2-0 APPROVED AND ISSUED:, CHRISTOPHER ARMENTpk, Mayor City of Culver CitY, California Page 2 of 2 Exhibit- 1A" to Resolution No. 2010-R 059 3c\STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS CITY OF CULVER CITY lyweria g . do Le" -E-i-drva4+81€63fagl-Rej!rt1ty- City Clerk of the City of Culver City, California, do hereby certify that the foregoing Resolution No. 2010--R059 as duly and regularly adopted, passed, and approved by the City Council of the City of Culver City, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the 26th day of July 2010, by the following Councilmember vote: AYES: Cooper, Malsin, O'Leary, Weissman, Armenta NOES: None ABSTAIN: None ABSENT: None Dated this 2/-0 11-k day of July, 2010. e4e ellAt n e.OLE Fprr17 City Clerk and Ex-Officio Clerk of the City Council City of Culver City, State of California Lk