City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends that the City Council adopt an Ordinance (Attachment 1)
amending Section 11.12.010.B of the Culver City Municipal Code (CCMC) to ratify
and memorialize the intent of the review process used for approval and issuance
of oil drilling permits.
BACKGROUND / DISCUSSION:
At the City Council meeting of February 1, 2010, the City Council introduced the
proposed Ordinance by a unanimous vote (5-0). The proposed Ordinance is
brought back for adoption.
FISCAL ANALYSIS:
There is no fiscal impact associated with the adoption of the proposed Ordinance.
ATTACHMENTS:
1. Proposed Ordinance
Meeting Date: 02/22/10 Item Number: C-4
CITY COUNCIL AGENDA ITEM: Adoption of an Ordinance Amending Section
11.12.010.B of the Culver City Municipal Code to Ratify and Memorialize the Intent
of the Review Process for Issuance of Oil Drilling Permits.
Contact Person/Dept.: Heather Baker/City
Attorney
Phone Number: 310-253-5660
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (E-Mail) Meetings and Agendas – City Council (02/17/10); (Email)
Plains Exploration and Production (02/17/10); (Email) individuals who spoke at prior
Council Meetings related to this topic (02/17/10)
Department Approval:
Carol Schwab (by H. Baker) (02/16/10)
City Attorney Approval:
Carol Schwab (by H. Baker) (02/16/10)
Chief Financial Officer Approval:
Mark Scott (02/17/10)
City Manager Approval:
Mark Scott (02/17/10) City of Culver City, California
Agenda Item Report
MOTION:
That the City Council:
Adopt an Ordinance amending Section 11.12.010.B of the Culver City
Municipal Code to ratify and memorialize the intent of the review process
used for issuance of oil drilling permits.
MEETING DATE: 02/22110
AGENDA ITEM: Adoption of an Ordinance Amending Section
11.12.010.B of the Culver City Municipal Code to Ratify
and Memorialize the Intent of the Review Process for
Issuance of Oil Drilling Permits.
ATTACHMENTS
Pages
1. Proposed Ordinance
1-3ATTA044-4ENt-r
'11
ORDINANCE NO. 2010-
AN ORDINANCE OF THE CITY OF CULVER CITY,
CALIFORNIA, AMENDING SECTION 11.12.010.B OF THE
CULVER CITY MUNICIPAL CODE TO RATIFY AND
MEMORIALIZE THE INTENT OF THE REVIEW PROCESS
FOR ISSUANCE OF OIL DRILLING PERMITS.
WHEREAS, the existing provisions of Chapter 11.12 of the Culver City
Municipal Code ("CCMC") require the City Council's consideration and determination
whether permits should be issued to allow the drilling, re-drilling or deepening of any well
hole (collectively, "drilling"); and
WHEREAS, Chapter 11.12 of the CCMC sets forth the requirements
pertaining to such permits and related applications; and
WHEREAS, among other things, subsection 11.12.040 A. of the CCMC
specifically requires any applicant for an oil permit to sign an agreement obligating that
applicant to comply with all conditions imposed on the permit; and
WHEREAS, subsection 11.12.010.B. of the GCMG provides that, upon
receipt of an application, the City Council may require further information of the
applicant; and
WHEREAS, the language of Chapter 11.12 of the CCMC, as well as the
City's administrative history and past practice, establishes the process for the issuance
of a permit for drilling in Culver City; and
WHEREAS, such a permit can be issued only after the City Council has
used its discretion to determine, at a duly noticed public meeting, whether to approve,
deny or conditionally approve that permit; and
WHEREAS, a recent applicant has contended Chapter 11.12 instead
provides the Council's consideration of whether or not to issue those permits is a
ministerial determination; and|101010101010101010 10
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281 WHEREAS, the City's process of reviewing, studying, and revising the|109| City's laws, rules, procedures and fees relating to oil and/or gas operations, including its
3 zoning laws, to adequately and appropriately balance the rights of existing operators and
4 future applicants who wish to operate in the City with the preservation of the health,
5 safety and welfare of the communities surrounding such oil and/or gas operations under
6 Ordinance No. 2009-008 is not complete and circumstances make it desirable to ratify
7 and memorialize the intent of the review process used under the existing law; and|109| WHEREAS, the purpose of this Ordinance is to ratify the intent of the
9 subject regulations and to memorialize the City's administrative history and past
10 practices.
11 NOW, THEREFORE, the City Council of the City of Culver City DOES
12 HEREBY ORDAIN as follows:
13 SECTION 1. Section 11.12.010.6 of the Culver City Municipal Code is
14 hereby amended to read as follows (underlined text indicates an addition):
"B. On receipt of an application, the City Council may require
further information of the applicant or from City Officers or
Commissions, and in no event shall a permit be issued unless
the City's zoning regulations have been adhered to. The
issuance of an oil drilling permit, and the determination of
conditions that should be included therein for the protection of
health, safety, and welfare, are subject to the discretion of the
City Council."
SECTION 2. Pursuant to Section 619 of the City Charter, this Ordinance
shall take effect thirty (30) days after the date of its adoption. 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
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28L SCHWAB, City Attorney MARTIN R. COLE, City Clerk
published in the Culver City News and shall post this Ordinance or a summary thereof in
at least three places within the City.
APPROVED AND ADOPTED this day of 2010.
ANDREW VVEISSMAN, Mayor
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
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