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
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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.
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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
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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
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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:
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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;
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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
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-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
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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
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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
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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
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CHRISTOPHER ARMENTA, Mayor
City of Culver City, California
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ATTEST: APPROVED AS TO FO M.
MARTIN R. COLE, City Clerk A SCHWAB, ity Attorney
A09-00340A-FT/Or z
declares that:
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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
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drilling, red rilling and deepening of wells associated with oil and/or gas operations, the
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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,
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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")
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,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
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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|10 10|-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,
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MARTIN R. COLE, City Clerk CAROL SCHWAB, d-ty Attorney
By: Ela Valladares, Deputy City Clerk
A09-00340
2009 R076
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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
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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
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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,
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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.
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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
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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.
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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
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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.
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• 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.
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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
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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
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2010-R059
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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
/ / /
/ / /
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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
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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