MEETING DATE: 10/05/09
AGENDA ITEM: Introduction and Adoption of an Interim Ordinance of
the City of Culver City, California, Extending for an
Additional 10 Months and 15 Days Ordinance No
2009-007 and the Temporary Moratorium Established
therein on 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.
ATTACHMENTS
Pages
1. Proposed Ordinance 1-11
2. Ordinance No. 2009-007 12-17
3. Resolution No. 2009-R076 18-22'ORDINANCE NO. 2009- AN INTERIM ORDINANCE OF THE CITY OF CULVER
CITY, CALIFORNIA, EXTENDING FOR AN ADDITIONAL
10 MONTHS AND 15 DAYS ORDINANCE NO. 2009-007
AND THE TEMPORARY MORATORIUM ESTABLISHED
THEREIN ON THE USE OF LAND FOR 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
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
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28City 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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28the 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.
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 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 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,
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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 ("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.
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.1 c) As part of the City's effort to draft amendments to
2 the Existing Regulations, the City has retained technical and legal consultants and is
3 currently reviewing various oil field regulations adopted by other local agencies,
4 including the County.|109| 10. Further detailed review and study is needed to make
6 certain the revisions to the Existing Regulations will adequately and appropriately
7 balance the rights of existing oil operators and future applicants who wish to operate in
8 the Oil Field, with the preservation of the health, safety and welfare of the communities
9 surrounding the Oil Field and throughout the City and Region.
10 11. A moratorium is necessary in order to protect the City
11 and its residents, businesses and visitors from the potential health and safety impacts
12 of oil and/or gas operations approved under the Existing Regulations, including air
13 quality, noise, releases, spills and other impacts, and to preserve the quality of life and
14 protect the health, safety and welfare of the communities surrounding the Oil Field and
15 throughout the City and the Region.
16 12. A moratorium is immediately required to preserve the
17 public health, safety and welfare and should be adopted immediately as an urgency
18 ordinance, to make certain that permits for the drilling, redrilling or deepening of wells
19 associated with oil and/or gas operations are issued only under adequate regulations.
20 Imposition of a moratorium will allow the City sufficient time to conclude the preparation
21 of a comprehensive ordinance for the regulation of such activities. The absence of this
22 Ordinance would create a serious threat to the orderly and effective implementation of
23 any amendments to the CCNIC which may be adopted by the City Council as a result of
24 studying this issue, in that the drilling, redrilling and deepening of wells associated with
25 oil and/or gas operations under the Existing Regulations may be in conflict with or
26 frustrate the contemplated updates and revisions to the CCMC.
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-5-13, 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,
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. 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:
1. 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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281 D. By its own terms, the Interim Ordinance shall expire and be of no
2 further force and effect on October 8, 2009, unless extended by four-fifths vote of the
3 City Council.|109| E. On September 21, 2009, the City Council, by Resolution No.
5 2009-R076, approved and issued a report, which is hereby incorporated by this
6 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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-7-1|10101010101010|H. 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.|109| 1. Extension of the Interim Ordinance is immediately required to
9 preserve the public health, safety and welfare and should be extended immediately by
10 adoption of this urgency ordinance, to make certain permits for the drilling, redrilling or
11 deepening of wells associated with oil and/or gas operations are issued only under
12 adequate regulations. Extension of the Moratorium will allow the City sufficient time to
13 conclude the preparation of comprehensive regulations for such activities. The
14 expiration of the Interim Ordinance would create a serious threat to the orderly and
15 effective implementation of any amendments to the CCMC or other related regulations
16 which may be adopted by the City Council as a result of studying this issue, in that the
17 use of land for the drilling, redrilling and deepening of wells associated with oil and/or
18 gas operations under the Existing Regulations may be in conflict with or frustrate the
19 possible updates and revisions to the CCMC and other regulations.
20 J. There is a current and immediate threat to the public health, safety
21 and welfare of the City and its community, thereby necessitating the immediate
22 extension of the Interim Ordinance, in that the approval of permits for the use of land for
23 the drilling, redrilling or deepening of wells associated with oil and/or gas operations,
24 which would be required to be processed under the Existing Regulations, do not
25 provide adequate protections for the communities surrounding the Oil Field, including
26 Culver City and the Region. In addition, the community continues to express concerns
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-8-1 regarding odors, noise, aesthetics, air quality, water quality and public health and safety
2 issues arising from oil and/or gas operations.|109| K. The facts constituting such urgency are set forth in Section 1,
4 Paragraphs A-J, inclusive, of this ordinance.|109| L. This Interim Ordinance is a matter of City-wide importance and the
6 provisions set forth herein shall apply equally to any and all existing operators and
7 future applicants.|109| SECTION 2. EXTENSION OF MORATORIUM.|10 9| The City Council finds and determines the Interim Ordinance duly enacted
10 by Ordinance No. 2009-007 is hereby extended for an additional ten (10) months and
11 fifteen (15) days from the initial 45-day period. The Interim Ordinance was adopted on
12 August 24, 2009 and the 45-day period is set to expire on October 8, 2009.
13 Accordingly, by this extension that 45-day period of time is extended until midnight
14 August 23, 2010, unless sooner terminated or further extended by the City Council.
15 Therefore, from August 24, 2009, through and including August 23, 2010, no
16 application for permit shall be accepted, no consideration of any application for permit
17 shall be made and no permit shall be issued by the City, for the use of land for the
18 drilling, redrilling or deepening of any well associated with oil and/or gas operations, and
19 no drilling, redrilling or deepening of any well associated with oil and/or gas operations
20 shall be commenced, in order to allow the City time to thoroughly review, study and
21 revise the City's laws, rules, procedures and fees related to oil and/or gas operations,
22 which will enable the City to adequately and appropriately balance the rights of existing
23 operators and future applicants who wish to operate in the Oil Field, with the
24 preservation of the health, safety and welfare of the communities surrounding the Oil
25 Field, including Culver City and the Region.
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-9-I SECTION 3. EXCEPTION.|109| 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, redlining 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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-10-MARTIN R. COLE, City Clerk
A09-00340
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.
SECTION 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 2009.
ANDREW WEISSMAN, Mayor
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282009 - 007
A-T-T-Ac4
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EterT|101010|ORDINANCE NO. 2009- 007|1010|AN INTERIM ORDINANCE OF THE CITY OF CULVER
CITY, CALIFORNIA, ESTABLISHING A TEMPORARY|1010|MORATORIUM ON THE DRILLING, REDRILLING OR
DEEPENING OF ANY WELLS WITHIN THE
5 JURISDICTION OF THE CITY OF CULVER CITY THAT
ARE ASSOCIATED WITH OIL AND/OR GAS|1010|OPERATIONS AND DECLARING THE URGENCY|1010|THEREOF.|1010 10|The City Council of the City of Culver City does hereby ordain as follows:
•10
SECTION 1. FINDINGS.
11
The City Council of the City of Culver City hereby finds, determines, and
declares that
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 Ballona Creek, a waterway emptying into the Santa Monica Bay. All such
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28I incidents required an emergency response by the Culver City Fire Department The
2 third incident involving the storm drain system also required an emergency response
3 from both the City's and County's Public Works crews. Reports of odors and noise
4 from ongoing Oil Field activities have been made by residents to the City and AQMD
5 the period since these incidents. These releases are indicative of the types of incidents
6 the City believes will continue to occur without adequate regulation of oil drilling|109| activities.|109| C. There is a significant concern regarding the short- and long-
9 term health impacts on the community from current and future Oil Field operations, as
10 well as the future impact on the Region's evolving business community. There is
11 further significant concern regarding the potential pollution and scarring of land that will
12 likely be transformed into parkland in and around the area already designated as the
13 Baldwin Hills Conservancy, which includes Culver City parkland and other property.
14 Under State law, such areas should be protected for the future benefit of the Culver City
15 community and the entire Region.
16 D. Effective regulation should be adopted that allows oil drilling
17 operations to co-exist safely with the communities surrounding the Oil Field and
18 throughout the City and Region.
19 E. Provisions of the City's current laws, rules, procedures and
20 . fees relating to oil drilling activities (the "Existing Regulations"), currently set forth in the
21 Culver City Municipal Code ("CCMC"), including Chapter 11.12, Oil, Gas and
22 Hydrocarbons, need review, study and revisions in order to protect the health, safety
23 and welfare of the communities surrounding the Oil Field and throughout the City and
24 Region; and those revisions will likely result in the City amending, repealing and adding
25 provisions to the CCMC, including Title 17, the Culver City Zoning Code.
r +
.fgr-rtr-te-Lr•n rrinr.ni-r-,.rh rrl r-11-1
i L.Ji y LL: P,
27 drilling, redrilling and deepening of wells associated with oil and/or gas operations, the
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7009 - 007I City may be required to process applications for such drilling activities despite the fact
2 that the Existing Regulations are in need of updating and studies should be done to
3 provide recommendations of possible new standards for oil and/or gas operations.|109| G. The City has already begun the process of reviewing,
5 studying and revising the Existing Regulations, which has included, but not been limited|109| to:
7 1) City Council members, City residents and City staff have
8 actively participated in the County of Los Angeles' process to establish a community
9 standards district ("CSD") regulating oil drilling activities in that portion of the Oil Field
10 located in unincorporated Los Angeles County (Baldwin Hills), in an attempt to revise
11 the Existing Regulations in a manner that achieves some consistency in regulating the
12 Oil Field, which spans across two jurisdictions—the City and the County. Such
13 participation has included numerous actions taken by the City Council, several hearings
14 before the City Council, the County Planning Commission and the County Board of
15 Supervisors, all of which included significant comments from residents. Substantial
16 comments to the CSD and the related Environmental Impact Report were transmitted to
17 the County during its review process. City participation in this process is ongoing.
18 2) As a result of recent action taken by the County Board of
19 Supervisors to further study the CSD, the City needs time to work in conjunction with
20 the County to bring about mutually acceptable and uniform regulations of the Oil Field.
21 3) As part of the City's effort to draft amendments to the
22 Existing Regulations, the City has retained technical and legal consultants and is
23 currently reviewing various oil field regulations adopted by other local agencies,
24 including the County.
25 H. Further detailed review and study is needed to make certain
26 the revision-
,_
to the Existing Regulations will adequately and appropriately balance the
27 rights of existing oil operators and future applicants who wish to operate in the Oil Field,
28
2009 -U01I with the preservation of the health, safety and welfare of the communities surrounding
2 the Oil Field and throughout the City and Region.|109| 1 This 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.|10 9| 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, redlining 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.
26 Moreover, the rsity h as become aware of four Notices of Intention to Drill N ew Wells
27 pending before the State Division of Oil, Gas and Geothermal Resources ("DOGGR")
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2009 - 007for permits to drill within the jurisdiction of the City of Culver City. Although the City has
not yet received any applications for such wells, it is likely that they will be forthcoming.
L. The facts constituting such urgency are set forth in Section
1, Paragraphs A-K, inclusive, of this Ordinance.
SECTION 2. MORATORIUM.
From August 24, 2009 through and including October 7, 2009, no
application for permit shall be accepted, no consideration of any application for permit
shall be made and no permit shall be issued by the City, for the drilling, redrilling or
deepening of any well associated with oil and/or gas operations, in order to allow the
City time to thoroughly review, study and revise the City's laws, rules, procedures and
fees related to oil and/or gas operations, which will enable the City to adequately and
appropriately balance the rights of existing operators and future applicants who wish to
operate in the Oil Field, with the preservation of the health, safety and welfare of the
communities surrounding the Oil Field, including Culver City and the Region.
SECTION 3. URGENCY MEASURE.
Pursuant to Charter Section 614, it is hereby declared that this Ordinance
is necessary as an urgency measure for the preservation of the public health, safety
and welfare. The City Council finds the urgency measure is necessary in order to•
ensure adequate regulation of oil and/or gas operations is adopted prior to the issuance
of any permits for the drilling, redrilling or deepening of any well associated with oil
and/or gas operations, which regulations will serve to adequately and appropriately
balance the rights of existing operators and future applicants who wish to operate in the
Oil Field, with the preservation of the public health, safety and welfare of the
communities surrounding the Oil Field, including Culver City and the Region.
SECTION 4. SEVERABILITY.
Aprdprpc• +hp+ if p k/ nrr-vkficinn .car,fn in
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subsection, paragraph, sentence, phrase or word of this ordinance is rendered or
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28ATTEST:
„X. CAROL SCHWAB, City Attorney
A09-00340 0
,./(Y1,(DLA_2,try\ Ye .
MARTIN R. COLE, City Clerk|109| declared invalid or unconstitutional by any final action in a court of competent
2 jurisdiction or by reason of any preemptive legislation, then the City Council would have
3 independently adopted the remaining provisions, sections, subsections, paragraphs,
4 sentences, phrases or words of this ordinance and as such they shall remain in full
5 force and effect,|109| 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.|101010 10
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APPROVED AND ADOPTED this 24th day of August
2009.
-"ANDRE WEISSMAN, Mayor
City of Culver City, California
LA.)
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2009 - 007A-FTAciAmarr- 3
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
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28MARTIN R. COLE, City Clerk
By: Ela Valladares, Deputy City Clerk
A09-00340
2009 R076
-2-
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.|101010101010101010 10
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ATTEST:
APPROVED AND ADOPTED this 21st day of
September
2009.
ANDREW WEISSMAN, Mayor
City of Culver City, California
APPRoy o FORM: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
W
Exhibit "A" to Resolution No. 2009-RAPP SSUED:
DATED: 2- k SEP 2C1O0)
ANDREW EISSMAN, 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 OF CALIFORNIA
COM/ 0 - LOS WILLS ) SS
Cl-Y 0- CULVER CI .)
I, Elc Valladares, Deputy City Clerk of the City of Culver City, California,
do hereby certify that the foregoing Resolution No. 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 21' day of September 2009, by the
following Councilmember vote.
AYES:
Armenta, Malsin, O'Leary, Silbiger, Weissman
NOES:
one
ABSTAIN:
None
ABSENT:
None
Dated this'),,D,j day of September, 2009
Ela Valladares
Deputy City Clerk end Ex—Officio Clerk of the City Council
City of Culver City, State of California
22,
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Agenda Item Report
RECOMMENDATION:
Staff recommends that the City Council introduce and adopt an interim Ordinance
(Attachment 1) extending for an additional 10 months and 15 days Ordinance No.
2009-007 and the temporary moratorium established therein 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.)
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 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 “Interim Ordinance”) (Attachment 2). The City Council adopted the
Interim Ordinance pursuant to: (1) Section 614 of the City Charter, (2) its inherent
police powers as established by the State Constitution, and (3) voluntary
Meeting Date: 10/05/09 Item Number: PH-1
CITY COUNCIL AGENDA ITEM: PUBLIC HEARING (FOUR-FIFTHS VOTE
REQUIREMENT) – Introduction and Adoption of an Interim Ordinance of the City
of Culver City, California, Extending for an Additional 10 Months and 15 days
Ordinance No. 2009-007 and the Temporary Moratorium Established therein, 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.
Contact Person/Dept.: Thomas
Gorham/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 (10/01/09); (E-Mail)
Plains Exploration and Production (09/24/09); (E-Mail) individuals who spoke at prior
Council Meetings related to this topic (09/24/09); (Publication) Culver City News
(09/17/09)
Department Approval:
Sol Blumenfeld (10/01/09)
Carol Schwab (10/ /09)
City Attorney Approval:
Carol Schwab (10/01/09)
Chief Financial Officer Approval:
Jeff Muir (10/01/09)
City Manager Approval:
Mark Scott (10/ /09)
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compliance with the procedures set forth in 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 Interim Ordinance 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 3).
By its own terms, the Interim Ordinance shall expire and be of no further force and
effect on October 8, 2009, unless extended by a 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, 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, 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 Interim Ordinance, , 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 of possible new standards for oil drilling activities which are
vital to ensuring the health and safety of the community.
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
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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. The initiation of the County’s study is a result of a unanimous action
taken by the County Board of Supervisors on August 4, 2009. By working with the
County, the City is attempting to bring about mutually acceptable and uniform
regulations applicable to operations within the Oil Field, which spans across two
jurisdictions—the City and the County.
The City also continues to study its Existing Regulations and possible revisions to
the Culver City Municipal Code, including Title 17, Zoning, which appropriately
balance the rights of existing operators and future applicants who wish to use land
within the City 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 an ultimate recommendation
being considered by the City Council.
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 Interim Ordinance 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 Interim Ordinance continues to be required to preserve the public health,
safety and welfare and should be extended immediately by adoption of the
proposed ordinance, to make certain the drilling, redrilling or deepening of wells
associated with oil and/or gas operations is conducted only under adequate
regulations that appropriately balance the rights of existing operators and future
applicants who wish to operate in the Oil Field, while preserving the health, safety
and welfare of the communities surrounding the Oil Field, including Culver City
and the Region. Extension of the Interim Ordinance will allow the City sufficient
time to conclude the preparation of comprehensive regulations for such activities
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which have continued during the period of the Interim Ordinance but are not yet
complete.
The expiration of the Interim Ordinance on October 8, 2009 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 residents, business owners and visitors to the City and surrounding
communities, thereby necessitating the extension of the Interim Ordinance, 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, 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 fact, since the adoption of the Interim Ordinance, the City has received
information that the 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 by DOGGR on or about August 25, 2009. In addition,
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 City’s jurisdiction, despite the fact that the County’s Final Environmental
Impact Report for the Baldwin Hills Community Standards District dated October
4, 2008 (page 3-3, Table 3.1), estimated that PXP would drill no new wells within
Culver City in 2009 and only one new well in 2010. 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 City Council adopts the proposed Ordinance, then the Interim Ordinance
shall be extended through and including August 23, 2010, 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, and no drilling, redrilling or deepening of any well relating
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to oil and/or gas production shall commence. The extension of the Interim
Ordinance 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.
It should be noted the proposed Ordinance modifies the Interim Ordinance 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
City’s 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.
Legal Authority:
Case law has consistently recognized temporary moratoria as a legitimate
planning tool.
The procedures set forth Government Code Section 65858 and which the City has
chosen to follow for extension of Interim Ordinance provide, after notice and a
public hearing, a moratorium adopted by an urgency ordinance may be extended
for 10 months and 15 days 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, such extension of the Interim
Ordinance would have no further force and effect 10 months and 15 days after
its adoption; and, after another notice and public hearing, the Interim Ordinance
may be further extended for an additional year.
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.”
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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, 2010 (unless repealed by the City Council).
FISCAL ANALYSIS:
The adoption of the proposed 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 extension of the Interim Ordinance , 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
MOTION:
That the City Council:
Introduce and adopt an interim Ordinance extending for an additional 10
months and 15 days Ordinance No. 2009-007 and the temporary moratorium
established therein 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.)
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