City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution (Attachment 1)
approving and issuing a Report on actions and measures taken to alleviate
conditions which led to the adoption of Interim Ordinance No. 2009-008 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.
BACKGROUND / DISCUSSION:
On August 24, 2009, the City Council adopted Interim Ordinance No. 2009-007
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 (the “Moratorium”) and declaring the urgency
thereof. 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
Meeting Date: 07/26/10 Item Number: A-4____
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving and Issuing
a Report on Actions and Measures Taken to Alleviate Conditions which Led to the
Adoption of Interim Ordinance No. 2009-008 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.
Contact Person/Dept.: Thomas
Gorham/Community Development; and
Heather Baker/City Attorney
Phone Number: 310-253-5710; 310-253-
5660
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (E-Mail) Meetings and Agendas – City Council (07/22/10); (Email)
Plains Exploration and Production (07/21/10); individuals who spoke at prior Council
Meetings related to this topic (07/21/10)
Department Approval:
Sol Blumenfeld (07/22/10)
Carol Schwab (07/22/10)
City Attorney Approval:
Carol Schwab (07/22/10)
Chief Financial Officer Approval:
Jeff Muir (07/22/10)
City Manager Approval:
P. Lamont Ewell (07/22/10) City of Culver City, California
Agenda Item Report
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, the City Council issued a report on the actions and
measures taken by the City since the adoption of the Ordinance 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 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.
Subsequent to the issuance of the report, on October 5, 2009, the City Council
adopted Ordinance No. 2009-008 (the “Ordinance”) (Attachment 2), 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).
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. On
August 9, 2010, the City Council will consider whether an additional one year
extension of the Moratorium is warranted. Ten days prior to any further extension,
the City Council must issue a report on the actions and measures taken to
alleviate conditions which led to the adoption of the Ordinance.
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, 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 City of Culver City, California
Agenda Item Report
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.
FISCAL ANALYSIS:
There is no fiscal impact associated with this item.
ATTACHMENTS:
1. Proposed Resolution
2. Interim Ordinance No. 2009-008
MOTION:
That the City Council:
Adopt a Resolution approving and issuing 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 oil and/or gas operations and declaring the urgency thereof.
1. Ordinance No. 2009-008
2. Proposed Resolution
Pages
1-11
12-16
MEETING DATE: 07126110
AGENDA ITEM: Adoption of a Resolution Approving and Issuing a
Report on Actions and Measures Taken to Alleviate
Conditions which Led to the Adoption of Interim
Ordinance No. 2009-008 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.
ATTACHMENTSORDINANCE NO. 2009- 008
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 ANDIOR 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 "Art 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|1010101010101010 10|11
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2009-008the 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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28repealing and adding provisions to the GCMG, 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.
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28c) 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 CCIVIC 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.
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13. There is a current and immediate threat to the public
2 health, safety and welfare of the City and its community, thereby necessitating the
3 immediate enactment of this Ordinance, in that the approval of permits for the drilling,
4 redrilling or deepening of wells associated with oil and/or gas operations, which would
5 be required to be processed under the Existing Regulations, do not provide adequate
6 protections for the communities surrounding the Oil Field, including Culver City and the
7 Region. Moreover, the City has become aware of four Notices of Intention to Drill New .
8 Wells pending before the State Division of Oil, Gas and Geothermal Resources
9 ("DOGGR") for permits to drill within the jurisdiction of the City of Culver City ("DOGGR
10 Permits").
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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 P.X.P 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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28a 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 vvhether to extend the prohibition for an additional period of time as
noted in Section 1, Paragraph F above.
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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_
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 Interim Ordinance would create a serious threat to the orderly and
effective implementation of any amendments to the CCMC onother 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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2009-008regarding 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, redrirling 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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28|1010|- SECTION 3. EXCEPTION.
The City Council finds the Interim Ordinance 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 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.
SECTION 4. REPORT ISSUANCE.
The City Council previously adopted Resolution No. 2009-R076 at its
meeting of September 21, 2009, and found the Report of the same date adequately
describes the measures taken to alleviate the conditions which led to the adoption of
the Interim Ordinance_
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.
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2009 - 008ATTEST:
MARTIN R. COLE, City Clerk
BY: Ela Valladares, Deputy City Cler
AG9-00340
APPRO. ED AS T
/ A
Jgrieprato
CA'AL SCHWAB, ity Attorney
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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 5th day of . October I. 2009.
ANDREW WEISSMAN, Mayor
City of Culver City, CaliforniaPcrl-Pc.H-N-
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RESOLUTION NO. 2010-
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. 2009-008
EXTENDING THE 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 establishing a 45-day temporary moratorium (the
"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, 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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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
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J3Oil 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 day of 2010.|101010101010101010 10
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CHRISTOPHER ARMENTA, Mayor
City of Culver City, California
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MARTIN R. COLE, City Clerk
A09-0034
L SCHWAB, - City AttorneyEXHIBIT "A" TO RESOLUTION NO. 2010-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. 2009-008
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
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 apprbpriately 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 ("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.
Page 1 of 2
Exhibit "A" to Resolution No. 2010-R /SThese 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 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.
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, 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 course of the last
year to address the concerns cited by the City Council in adopting Interim
Ordinance No. 2009-008.
APPROVED AND ISSUED:
DATED:
CHRISTOPHER ARMENTA, Mayor
City of Culver City, California
Page 2 of 2
Exhibit "A" to Resolution No. 2010-R