Wednesday, February 27, 2013

15 Ways The HB City Council Is NOT Being Impartial To Oil Drilling


Hermosa Beach City Council is Warned You Are Not Acting Impartial

In case you missed the meeting last night here is a summary of Stacey Armato, Barbara Ellman & Chris Prenter warning the Hermosa Beach City Council & City Attorney Michael Jenkins about the lack of impartiality with oil drilling.  Here are 15 excellent points they bring up that the City has not address and has simply ignored.  Are they acting impartial by not including our due diligence?  

1)  "Oil Drilling" is the proper term not "Oil Production" which makes it sound like you siding with oil.  Lets not "sugar coat" it because it makes it sound like you are siding with oil.

2)  Hermosa Beach web site discussing oil landing page is not properly updated.  It says you are waiting on the project application but also says you are reviewing it?   The project application is not properly displayed on the page.  No current information is posted and no way to notify what has changed.

3)  The illegal settlement agreement is buried in the site.  How about a quick click?  Its important component that needs more attention to detail and FAQs.

4)  City is encouraging the timeliness of the EIR encouraging a quick and efficient process and the project timeline is of critical importance.  Lets encourage the accuracy of the report not the timeliness.  Lets not speed up the process unnecessarily 

5)  As the City Attorney, Michael Jenkins should be going through the settlement agreement that is not properly reflected in the FAQs.

6) Web and FAQs do not say anything about giving the City Yard up which could be valued at $8-10M dollars.

7)  Web and FAQs do not not talk about a 35 year lease of the City Yard.

8)  If the ballot measure passes and there is no significant oil royalties we are obligated to pay $3.5M within 90 days.  How will the City pay for $17.5M if it does not pass?  City says on their web site "they will undoubtedly need to issue municipal debt to pay E&B."  How do we pay for it and you are scaring the residents by not explaining your plan.  What you are implying is that we will need to issue municipal debt and that scares the residents.  This is an overstatement because we have $30M in the bank and a $100M in real estate assets.

9)  Web site talks about gross percentage sales goes to the City and schools without discussing the Tidelands trust?  This is not true and illegal.

10)  We would like to see a much more impartial analysis of on the web site because you sit there and have no opinion on the oil project.

11)  E&B's propaganda machine has been advertising in the paper before a public hearing has been done is ridiculous?

12)  The community of Hermosa Beach does not own the oil.  Its out in the ocean and the resources of the City are not oil.  Our resources are the beach, ocean, parks, people and health and safety.

13)  Steve Layton has a poor environmental track record and no where does the City web site disclose his horrible track record.

14)  Oil drilling is banned in Hermosa Beach and does not say this on the web site.

15)  The planning application is hundreds of pages and hard to read.  Its not easy to read and has not been discussed in public.  You have to hire an attorney to understand it.

Here is the public information sharing slide in the video.


This is Tom Bakaly's slide on the public input process.  Michael Divirgilio is looking into a tracking document to inform folks about the changes they are making to the web site.  There is no way for anyone to know that they are adding any items.  Track document changes, adds and edits.  The web site is the minimum require to stay up to speed.


Tuesday, February 26, 2013

Hermosa Beach Oil Drilling Municipal Code Law


5.56. 000E adopted June 25, 1985

Ord 85-803, adopted June 25, 1985 provides for the establishment of an oil code. Such oil code is on file and available in the office of the City Clerk.

5.56. 010 Oil drilling unlawful.

The drilling, boring or otherwise sinking of an oil or gas well, or oil or gas wells, or the maintenance, pumping or operation of any oil well or oil wells or gas well or gas wells in the city is declared to be a nuisance and is to be unlawful. It is unlawful for any person to drill, bore or otherwise sink or maintain, pump or operate or cause to be drilled, bored or otherwise sunk, or maintained, pumped or operated, or to aid in the drilling, boring or otherwise sinking, or maintaining, pumping or operating of any gas or oil well or wells for the purpose of procuring oil, gas or other hydrocarbon substances within any portion of the city. It is unlawful for any person to commence the construction or to construct or maintain any derrick, or any oil well apparatus in the city for the purpose of drilling for or maintaining any oil or gas well in the city; except, however, the oil wells now constructed or under construction or in actual operation in the city. (Ord. 95-1139 § 2, 1995; prior code § 21-10)

Monday, February 25, 2013

Susan Jordan California Coastal Advocate







$2 Out of Every $3 From Oil Money is Wasted or Stolen


$2 out of every $3 earmarked for development from oil money is wasted or stolen

How is this similar to what could happen in Hermosa Beach?  Storm drains, schools and City infrastructure are all being used as "leverage" to try and convince people that we need the oil money.  However, the State of California has a tide lands trust which restricts oil money.  Are we supposed to trust the accounting of  E&B Natural Resources based on the history of their management and founders?  

Sunday, February 24, 2013

George Schmeltzer Easy Reader Letter: "Its Not Hermosa's Oil"

Daily Breeze front page, December 4, 1957. Easy Reader archives, scrapbook


Twenty years ago the issue of oil drilling in Hermosa Beach was put to bed by a vote of the people, or so we thought. Now, it’s back with a vengeance and the residents of this “best little beach city” must do battle once again with a very well-funded and determined oil company.
When I heard about the settlement agreement between E&B and the city my first thought was to weigh its possible financial benefits against the known risks and blight of oil drilling.
After several meetings with E&B’s president, I learned that calculating oil revenues is much, much more difficult than I had supposed. “Where’s the money?” is simple to ask. The answer is anything but. The promise of “several hundreds of millions” much trumpeted in recent E&B ads and letters to the editor is pure speculation.
In a settlement agreement some characterize as “a $30 million dollar loan with the health, safety, and property values of Hermosa’s residents used as collateral,” the City Council decided to give, without bid or review, to a small, independent oil drilling company, the exclusive right to stuff 35 wells, permanent storage tanks, oil production facilities, toxic and highly flammable chemicals, and a large trucking operation right smack down in the middle of the 20,000 residents who make up California’s most densely populated coastal city, and the 11th most densely populated city in the state. Fortunately, they must first obtain the voters’ permission.
“Let’s leave it up to the voters” is a phrase we will hear a lot in the coming months, as if the city and E&B decided that was a good thing to do. They didn’t. Oil drilling in Hermosa Beach is banned. They cannot proceed without a vote to lift the ban.
How can we expect an informed vote when it’s impossible to provide an answer to “where’s the money?” The money presumably being the only benefit the people of Hermosa Beach could ever hope for.
The three most important variables in calculating oil revenues are price, quantity, and location (on-shore of off-shore).
You can go to the newspaper to determine the price of oil, although what you’ll read today is that “crude and gasoline prices will drop through 2014, EIA projects,” (Energy Information Administration.) Quantity and location are a lot harder to get a handle on. If you’re an oil company that means your company takes a risk, but if you’re a small beach side community that means the people take the risk.
Macpherson estimated that anywhere from two million to nine million barrels of oil were available, all of it off-shore. This estimate was made by consultants hired by Macpherson to press his claim that the city owed him $400 million in lost revenues. The more recoverable oil the more money Macpherson could seek. Keep in mind that the City always thought Macpherson’s estimates were inflated, which is supported by his decision to settle.  If he really thought he could have made $400 million, why would he settle for $17 million?
Along comes E&B with studies not available to the public claiming estimates of anywhere from six million to 43 million barrels of oil, according to E&B. Two of the studies were conducted by Entera for Shell Oil, and there are other studies. Not only do these estimates disagree with Macpherson’s by a factor of five, they don’t even agree with each other. It’s unlikely that dueling estimates will be cleared up in the coming year. Why? Because it’s in oil’s interest to keep the higher numbers out there and because until five wells are drilled no one will know how much oil there is, if any. But they don’t want the voter to know that. They want permission to drill. Then they can spend the next five years trying to find oil.
The studies don’t even agree on where the oil is. That’s important because Macpherson’s estimate say there’s no oil on-shore. Revenues received by the city from on-shore oil can go into the city’s general fund to meet the everyday expenses of running a city. Revenue from oil recovered off-shore is governed by the Tide Lands Trust, which lays out a very limited number of uses for the money because the oil itself is held in trust for all of the people of California. In other words, it isn’t Hermosa’s oil.
Some of the revenues from off-shore or tide lands oil may be used for things like harbors, fisheries, lighthouses, and piers. But, as far as I know, Hermosa has no plans to build a harbor, a fishery, or a lighthouse, and you can only rebuild the pier so many times every century. We cannot use this off-shore oil money to mend streets, pay police and fire personnel, or spruce up city hall, nor can it be used to help our schools.
The City Council tells us that the settlement agreement “puts the Macpherson matter behind us,” which sounds harmless enough. But the same elected officials weren’t nearly so blasé in their city-wide “Dear Neighbor” letter of September 7, 2010. They wrote about “30 oil wells” and “permanent storage tanks and production facilities” at 6th and Valley Drive “next to the Greenbelt, homes and businesses.” Back then, the City Council warned us about the risks of oil drilling. They concluded, there was a risk of “31 leaks, 2 major releases and 1 rupture over the 35-year life of the project,” and “risk of a methane gas cloud that could cause an explosion.” An they pointed out that “disastrous oil spill[s] . . . can and do happen.” They go on to say that “oil and gas operations in other urban areas have harmed people and property, and other California cities are now taking action to halt further drilling.” In 2010 this City Council wanted to “protect the residents and visitors from a potential disaster [which] was supported by substantial evidence.” Oil drilling, they declared, was “. . . too dangerous to proceed.”
Nothing about this project has changed since the City Council wrote that letter in 2010, but today the council has adopted a veneer of complacent neutrality.
When the subject of oil drilling comes up we’re urged to wait until the EIR is complete, wait until the data is in. But this doesn’t stop the council and E&B from advancing their arguments.
When it comes to costs ask yourself the following:
Who is calculating the cost of real estate transactions already being canceled or postponed because of oil?
Who is calculating the cost of sleepless nights wondering and worrying about the effects of oil on yours and your children’s health in what is supposed to be the “best little beach community?”
Who is calculating the cost of new and refinanced real estate loans denied because of the “environmental threats” to the area?
Who is calculating the environmental cost of hundreds of oil tanker truck trips?
Who is calculating the cost of visual blight? The drilling rig will be 80-feet high, visible from half of Hermosa residences.
Who is calculating the loss of peaceable enjoyment of property when vibrations impact the surrounding area 24 hours a day, seven days a week?
Who is calculating the ‘slippery slope” on the entire SouthBay of a drilling project going forward in Hermosa?
Who is calculating the multiplier effect of a new AES plant joining 30 oil wells to spew tons of pollutants into the atmosphere every year?
If you don’t have the time to study the thousands of pages of data that will be generated by the EIR process just remind yourself of the following: it doesn’t take a PhD, a degree in environmental studies, or a costly report to know that with oil drilling:
Air quality will not improve.
Noise will not decrease.
Particulate matter in the air we breathe, so damaging to our lungs, will not decrease.
Noxious fumes spewed into the air by increased traffic will not decrease.
Dangerous pollutants seeping into the air from stationary equipment, chemicals, etc. will not decrease.
Risk of a seismic event triggered by drilling will not lessen.
Risk of oil spills both great and small in the ocean and on the land will not lessen.
Threats to the health of our children and seniors will not diminish.
Risk of catastrophic fire and explosions will not decrease.
Risks of terrorist attacks will not decrease.
Need for increased police and fire protection will not decrease.
A City Council that cannot enforce the simple provisions of single page-long conditional use permits (CUPs) on bars and restaurants will suddenly be required to enforce a book-length set of complicated regulations on an industry that has shown itself capable of fighting the federal government to a standstill.
It is unrealistic to suppose that a small beach community’s City Council has the expertise to enforce a CUP covering hours of operation, truck routes, safety provisions, health protection, toxic chemical storage, fire control, security, noise levels, etc. on an organization having greater financial clout than the City itself, along with a boatload of attorneys well-trained in the art of evading the very provisions that public safety demands and requires.
If recent history is any indication the City is plainly not up to the task. A City Council that cannot get bar owners to honor their health and safety commitments cannot be relied on to enforce the far more serious regulations imposed on a large oil drilling, production tank farm, and trucking operation.
Let’s also recognize that E&B is “drilling for oil.” All of the fine words, all of the mitigation in the world by E&B will not produce a cleaner, safer environment than we have today. In this case “doing nothing” is the best alternative. E&B is not “recovering petroleum,” or “providing an energy mix,” or whatever the latest green-sounding euphemism is. They’re drilling for oil, one of the globe’s most dangerous, dirty, and risky industrial processes. The next thing you know E&B will be joining the Sierra Club, Natural Resources Defense Council, and Heal the Bay, just before introducing a picture of mating sea turtles into their corporate logo.
If your readers have any questions I can be reached at g.j.schmeltzer@att.net
Thanks for the opportunity to address this very important topic.
George Schmeltzer is a former Hermosa Beach mayor and city councilman and retired Information Technology executive. g.j.schmeltzer@att.net

Poll: Predict The Redondo Beach Measure A Voting Results

<a href="https://www.sodahead.com/fun/predict-how-the-redondo-beach-measure-a-vote-will-turnout/question-3542551/" title="Predict How The Redondo Beach Measure A Vote Will Turnout?">Predict How The Redondo Beach Measure A Vote Will Turnout?</a>

For more details on the Redondo Beach Measure A see NoPowerPlant.com.  If you live in Redondo Beach vote on March 5th.  

Friday, February 22, 2013

Kit Bobko of Hermosa Beach City Council Violated The Brown Act


Watch Kit Bobko Blatantly Violate The Brown Act in a Public Meeting

This meeting above was the first City Council's first attempt at a public meeting that did not go so well for them.  They tried sneak it onto the agenda of a School Board Meeting that was supposed to be about public safety and it back fired on them.  Preventing discussion of certain issues on the agenda is a Violation of the Brown Act.

Will one of the 5 City Council members crack and break the code of silence by November?  Or will the Citizens revolt and elect 3 responsible Hermosa Beach citizens who work for the Communities best interest not their own. We need to make sure that our elected officials loyalty is not divided by serving on board(s) or organizations where there can be conflicting interest.  We need to make sure that our elected officials are disclosing information, signing legal agreements, hiring reputable companies and City Attorneys that we can trust.

A lawsuit was filed in the town Sanford / Broome County, N.Y., whose town board has blocked discussion of fracking at public meetings.  This is very similar to what is going on in Hermosa Beach and the City Council trying to deflect responsibility to a regulatory process.  This video of Sanford, New York are what future meetings in Hermosa Beach are going to look like if the City Council continue to stand behind their illegal code of silence and not commenting the agreement or oil drilling.

The Natural Resources Defense Council and Catskill Citizens for Safe Energy argue that the board of the town of Sanford violated citizens’ right to free speech (Brown Act) when it voted unanimously to block any further discussion of the controversial natural gas extraction technique during the public comment sections of town board meetings. (See the video above.)

Friday, February 15, 2013

City Council Hypocrisy, Lies, Deception & Intimidation


Video of Hermosa Beach City Council Lies, Deception & Intimidation on Oil Deal

1)  Turn up the volume for City Attorney Michael Jenkins asks for $150,000 from City Manager Steve Burrell appropriation to defend Hermosa Beach for a trial that never happened.  Shouldn't this be investigated and itemized? 

2)  Listen to the entire City Council avoid the public outreach to inform the public of their settlement.  This was held on the day the settlement was announced before the opposition was unleashed.  Michael Divirgilio avoids getting involved with the outreach program because he wants Jeff Duclos to do it.  Listen to Jeff Duclos avoid getting involved with the public forum to discuss the settlement.  There has NOT BEEN ONE PUBLIC to discuss the settlement or ask questions to the City in over a year.  

3)  Listen to the hypocrisy of Michael Divirgilio and Kit Bobko try to intimidate the City Treasurer about doing an RFP when he received 19 proposals.   The oil settlement was the largest deal in the history of the City and the deal was negotiated and personally sourced by Bobko and Divirgilio.  This is hypocrisy at its finest.  

4)  Turn up the volume for George Schmeltzer who rips the City Council a new one for hiding information.  

"E&B Won't Fool Hermosans" - Howard Longacre Letter

The Beach Reporter Letter February 6, 2013

Steve Layton, president of E&B Natural Resources, condescendingly portrayed 12 Hermosa residents who spoke out at a recent meeting as just those “remaining concerned” of E&B’s plan to drill 35 oil wells in city (Jan. 31 Beach Reporter letters).

Those residents and others are again having to give of their own valuable time and expenditures to challenge the insanity of drilling oil wells next to million-dollar homes in tiny Hermosa Beach. Now they’ve received this latest insulting, ignorant, and self-serving Kool-Aid response from Layton.
Why wasn’t Layton personally in attendance at the council/school board meeting when an E&B item was on the agenda? Is The Beach Reporter instead to be printing Layton propaganda responses every time Hermosa residents speak out in a public forum regarding E&B’s less than honorable deal, as made and signed secretly with Hermosa’s City Council?


E&B, with the outrageous secret help of Hermosa Councilman Michael DiVirgilio and Mayor Kit Bobko, and probably a few others behind the woodwork, has slickly weaseled its way into Hermosa Beach, a 21st-century city with stated goals fostering health, being green and carbon-neutral. And now E&B is to be drilling toxic oil wells?


E&B’s pitchman, Layton, has now moved himself into Hermosa Beach to better manipulate its 1.3 square miles of beach, ocean, residents, businesses and home-owners to E&B’s needs. E&B evidently views Hermosa’s electorate as being stupid and easily conned into returning to the 19th-century’s oil-drilling greed and ugliness.


If Layton actually believes Hermosa residents will be fooled into turning backward from a forklift pallet-full of smoke-and-mirrors documents, glossy PR and tempting elixirs to be dumped at their doorsteps and filling their mailboxes, than perhaps he needs to wake up and smell the coffee. Layton’s stuck in a dream and seems to have no clue that what he heard at the Jan. 23 meeting from those residents was merely the tip of the iceberg that E&B has so recklessly navigated into.

Howard Longacre

Beach Reporter Letter

Shame On You Hermosa Beach City Council. 13 Minutes of Shame

"Don’t Be Fooled by E&B" - Michael Keegan Beach Reporter

The Beach Reporter Letter February 13, 2013

E&B oil drilling recently placed full-page ads in this paper touting the benefits of industrializing our coastal areas. Here are some of the more informative “did you know” things about E&B and their massive oil-drilling test project.

Did you know that E&B plans to drill 35 oil well sites on 1.2 acres of land, making Hermosa Beach the home of the most densely drilled oil exploration site in the country?

Did you know that E&B’s Steve Layton and Francesco Galesi negotiated with our city council to carry a mere $1 million of liability insurance over the 30-year life of the project? This policy is to protect the city residents and government from the extraordinarily high risks associated with oil drilling and exploration. These risks include chemical, electrical and mechanical fires, intense gas pressure explosions, blowouts with fire (like the one BP had in the Gulf of Mexico), earthquakes, oil spills, truck crashes, falling power lines, lightning and tsunamis. Any of these events could produce claims in the $200 to $500 million range.

Did you know that E&B was formed primarily through acquisition of the bankrupt Equinox Oil Drilling of Louisiana, whose principal was Steve Layton?

Did you know that Mr. Layton left his creditors unpaid and changed his shirt for a new one with the label E&B on it after a record oil spill in Plaquemines Parish, Louisiana? The oil spill covered approximately two square miles of wetlands — that is an area larger than the entire city of Hermosa Beach! E&B has a problem with truthfulness. These people have a well-documented history of bankruptcies and environmental disasters. Are these the type of “partners” the citizens of Hermosa Beach want for the next 30-plus years? Don’t be fooled. E&B has embarked on a very slick campaign to win votes and influence the community. They will say and promise anything for your support, but they will put nothing of relevance in writing.

This is about our health, our community and our environment.

Michael Keegan

Hermosa Beach

Editor’s note: Keegan is a former two-term city councilman and former public works commissioner.

Beach Reporter Letter

Thursday, February 14, 2013

Hermosa Beach City Attorney Michael Jenkins Took $150,000 For A Jury Trial That Didn't Happen


Why did Former Hermosa Beach City Manager Steve Burrell and City Attorney Michael Jenkins get $150,000 for a Jury Trial that never happened? The case never went to a jury trial (scheduled to begin April 2012) and was settled just a few weeks later after this public meeting happened in mid Feburary.  Listen to Michael Jenkins explain his rationale for requesting it after he made millions of dollars for his law firm accomplishing nothing to defend Hermosa Beach residents.

The facts are the City never wanted to terminate the idea of oil drilling forever because they are desperate for money and Michael Jenkins was the "ring leader" who continue to perpetuate the possibility of drilling.  E&B came into the picture and bamboozled the other reluctant City Council members to go along with the stupid idea of holding a $17.5M extortion vote to let the "people decide".

These are the issues that the residents of Hermosa Beach deserve to know and should be entitled to a public meeting to discuss. If you care to dispute these facts please state your reasons below.  

Wednesday, February 13, 2013

Hermosa Beach Wyland Water Challenge "Greenest City" Award?

Hermosa Beach Mayor Peter Tucker and Wyland Foundation VP Steve Creech talked to Dave Gonzales and Sandra Mitchell of CBS News about the water conservation challenge. Pete Tucker had a goal as Mayor to make Hermosa Beach residents understand the value of conserving water in the community.  On October of 2011, Pete Tucker and Jeff Ducklos attend the West Basin Water Harvest Festival.  Hermosa Beach to accept the top honor of conserving water in Southern California.  Hermosa Beach residents made this possible by conserving water for future generations.

One unnamed City Official said off the record, "This is hypocrisy at its highest level and I am disappointed how we have handled it."  "Carbon Neutral", "Green City", "Green Taskforce" sounds kind of ridiculous now that we are considering oil drilling doesn't it?

Its incredible to see hear Pete Tucker discuss how he got all these groups in Hermosa Beach to help win this award by sending out 4000 emails.  Groups like the Green Task Force, Volleyball groups, Ed Foundation, Women's Club (Ace in the Hole), Public Works, Planning Commission.

It strikes me as absurd that the City of Hermosa Beach is evening allowing an oil company to discuss the idea of drilling for oil in our community with the risks it poses on our water supply.  Pete Tucker and Jeff Ducklos need to start acting like responsible Councilmen by defending our safety.

Hermosa Beach council member's have said absolutely nothing on the oil drilling issue because they are bound taken a vow to remain silent during the process.  This is absurd when their primary responsibility is to protect the safety residents.  Not an oil company.

Pumping millions of recycled or reclaimed water into the ground for the purposed of oil drilling is not only risky for the residents but also jeopardizes our drinking water.

Most people don't realize that 40% of Los Angeles drinking water comes from an aquifer underground.  

E&B is going to use a bogus study that says fracking does pose any environmental impacts or contaminate our water which is a complete fraud.  If you want to read more about how this study has been refuted.  Balkwin Hills Fracking Study

Tuesday, February 12, 2013

Jeff Duclos Promised & Failed To Hold A Public Meeting

What Happened to The Information Campaign You Promised Mayor Jeff Duclos?
Hermosa Beach City Council Promised & Failed To Hold One Public Meeting
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