Hermosa Beach Oil Drilling EIR Draft Discussion

Oil Drilling & Recovery Cost Benefit Analysis 

Recovery Implies That You Once Owned or Possessed Something

Costs Far Outweigh Monetary Benefits To  Few People

Air, Water, Noise Health Impacts on the Community of Hermosa Beach

Property Proximity Potential Cancer or Health Impact

Impact Areas Where Injuries Could Occur From An Explosion For Example

Since the City has not provided a proper forum for public comment.  Please use this discussion area below for commenting on the EIR.  

Videos From Oil EIR Scoping Meeting on July 24

The Environmental Impact Report (EIR) process has begun for the E&B oil production project proposed to be located in Hermosa Beach. This project is ultimately to be voted up or down by Hermosa voters sometime in the year 2014. The vote is to be had as a result of a settlement agreement made between the city and Macpherson Oil that supposedly ended the lawsuit brought against the city by the Macpherson Oil company as a result of the city’s ban on oil drilling that was voted by the people.

On Wednesday evening, July 24, an EIR “scoping” meeting, as part of the EIR process for E&B’s proposed oil-drilling, was held in Hermosa’s Community Center Theater with several hundred participants hearing a presentation of the EIR process, and then adding their “scope” of the EIR comments.

The city made a video recording and also a transcript of that meeting. You may now view the video on the city’s website. It is listed in the website’s video archives as the “E&B EIR Scoping Meeting Parts 1, Part 2, Part 3.   Or use this link to go directly to the video archive page:  or browse to https://www.hermosabch.org/ and then click on “agendas / minutes/videos” on the left side of the home page to arrive at the video-archive page. View the video titled Part 1 first as the three video parts may be displayed in reverse order.

The Hermosa Beach video servers are really bad so don't be surprise if your video viewing is choppy.  There are a lot of people interested in the topic and viewing the video.  Please be patient.  Sometimes the video works better using the browsers Firefox and Explorer.  Chrome does not work well.

You have until Monday, Aug. 12, to submit additional comments regarding concerns you desire to be included in the “scope” of the EIR. Submit those comments to the city by email (krobertson@hermosabch.org) or hand deliver them to Ken Robertson, Director of Community Development, city of Hermosa Beach.

We will be going through this video over the next few weeks and will publish highlights below. 

Over a 30 Year Period 50% of Well Casings Fail

Over a 30 year period 50% of oil well casings fail. How is E&B Natural Resources and the EIR firm going to investigate the 1000 abandoned wells under homes in Redondo Beach, Hermosa Beach and Manhattan Beach within a 5 mile radius? The E&B project is dead on arrival based on these facts alone. Blowouts and methane explosions under homes cannot be mitigated if they become pressurized.  Orphaned or abandoned oil wells nearby under homes in the South Bay can be a huge safety hazard.

Slant Oil Drilling Cannot Be Done Safely Near Abandoned Oil Wells Under Homes & Schools

The Biggest Failure of Marine Research's EIR for Whittier Hills

Mira Costa High School Abandoned Oil Wells

Abandoned Oil Wells Can Blowout Under Homes
See Doggr

Marine Research EIR consultant (hired by Hermosa Beach City Council for $800,000) failed to analyze the safety impact of slant drilling near abandoned wells in the EIR for Whittier Hills. (see video below) There is little chance that E&B will acknowledge the abandoned wells in Hermosa Beach, Redondo Beach or Manhattan Beach either.  Experts in the oil industry say the integrity of these capped or plugged wells under homes can only be trusted for around 30 years.  Many of these wells were capped 40+ years ago.  There is no way for E&B to mitigate the risk of an abandoned well blowout under a home, in the ocean or near a school. This is a massive issue for South Bay and urge you to watch this video and send it to your friends.  

This 1 of the 6 "Myths of the Whittier Hills Main Field Oil Project". . The Video Comments presented to the Whittier City Council Meeting by Open Space Legal Defense Fund. The EIR was done by Marine Research which failed to address these problems.  Marine Research is also doing the EIR for Hermosa Beach.

Read this news article: Whittier Hills oil project stopped by a Superior Court Judge last week. You won't read in the article but the Marine Research EIR failed in court say my sources in Whittier Hills.

KCAL9 CBS Story "Oil Drilling Proposal in Hermosa Beach"

Stacey Armato, Michael Collins from StopHermosaBeachOil.com
No Comment From E&B Natural Resources

Thank You Serene Branson from KCAL 9 

E&B did not comment on this story because news publicity is last they want in the Los Angeles area. E&B is attempting to take advantage of a vulnerable town and quietly drill into the Santa Monica Bay without waking up the powerful media groups that will make this a huge National story. The oil drilling proposal is not a story about 18,000 Hermosa Beach residents but more about maintaining the lifestyle of 11 million people that enjoy the cool breezes from Santa Monica Bay.  Its about jeapardizing the integrity of thousands of plugged oil wells under homes in Redondo Beach, Hermosa Beach and Manhattan Beach that could leak and explode if they are come under pressure from new hydraulic drilling nearby.

This illegal settlement agreement was constructed by Hermosa Beach City Council Member Kit Bobko and he is obviously nervous in this video above doing his first TV interview on the topic.  He will be forced to defend the illegal Hermosa Beach oil settlement it in order to save his political career.  Look at Kit Bobko's horrendous environmental voting record.  Watch these videos below which show Hermosa Beach City Council hypocrisy, lies, deception & intimidation.

Why I Don't Trust E&B Natural Resources or The Hermosa Beach City Council

Watch This Incredible Speech from Patti Sousa
"Why I Don't Trust E&B Natural Resources or the Hermosa Beach City Council" 

There Is No Way An Oil Drilling Vote Will Ever Pass in Hermosa Beach

Lou Morris of Hermosa Beach says, ""There is no way an oil drilling vote will ever pass in Hermosa Beach.
"So many people have commented on the stupidity of our City Government. Parents give lots of money to the schools each year and there is no way they will sacrifice the safety for oil drilling. Newspapers write at an 8th grade level and we are making this way too complicated."  

Why Is The City of Hermosa Beach Rushing The EIR & Public Meeting Process?

Land & Coastal Use Planning Process is 3 Years Minimum 

Hermosa Beach City Council Member Pete Tucker asks Tom Bakaly at 2 minutes into this video a very important question.  He asks why are we rushing the EIR process into a 6-9 month timeline when the Land and Coastal planning documentation takes 3 years minimum.  

Is The City of Hermosa Beach Hiding Oil Related Expenses?

Howard Longacre Letter to City Council May 20, 2013 (Item 3) 

(Please excuse my typos below)

3)  Request for clarification as to where/how the City is specifically keep track of the accumulating city expenditures which are not being reimbursed by E&B Natural Resources as related to the likely 2014 oil ballot measure.  

When the settlement agreement between the parties was announced in March of 2012, it was indicated that E&B Natural Resources would be paying essentially all of the costs leading to an election for the purposed of determining if the people of Hermosa Beach would lift the City's ban on oil drilling.  

Later it was announced that city staff time utilized for all additional work related to preparation for an election would be reimbursed by E&B at an amount equal to 10% of the cost of the EIR preparation.  And further it was indicated that E&B would cover the costs of obtaining the EIR, and would pay not more than $50,000 of the actual election costs.  

Since then the Council has approved hiring (at the City expense) consultants to do such things as the City's own "Economic Study", and for a "Community Dialog" process (some or much of which "Community Dialogue" will be oil drilling related according to the RFP for that consultant.) 

There appears to be a significant amount of staff time being expended daily on various aspects of oil drilling.  Thus, if the EIR preparation costs amounted to $800,000 in total, that would mean E&B would only be reimbursing the City $80,000 for all of its cots for consultants, meetings, reports, attorney fees, staff time and on and on for the extraneous activities leading to the oil drilling election.  

The people were essentially told by the Council that the oil litigation was over and that their only costs going forward would be one of the following:  

• If the electorate approved oil drilling at an election then the City's obligation to E&B would be $3.5M, plus the City's own costs ongoing attorney and staff time indefinitely, plus essentially the giving over to E&B for their use of a parcel of City Yard land presently worth $11M or more.  In other words an approximate total city burden of $14.5M plus city expenditures of perhaps $500,000 indefinitely.  

• However, if the electorate maintains the ban on oil drilling they'd simply owe E&B $17.5M and that amount could be paid over a period of years, ie. 30 years at "mutually agreed terms". 

All need to be reminded that the settlement agreement requires an extremely valuable 1.3 acre city parcel, with a present value of $11M or more if properly zoned, to be handed over gratis to E&B, along with $3.5M cash, if the voters approve lifting the ban on oil drilling.  

Further, all need to be reminded that the city and the school district are to be receiving relatively poor share of the hypothetical oil revenue (it should be not less than 50% in total of direct oil and gas sales revenue).  This unfortunate fact indicates that past city councils really did give away the store to Macpherson.  Why they so stupidly did that is past history.  

3-a)  The question here is, how is the city keeping track of its expenses month by month, and where can the public and the Council view and be aware of the ongoing escalating expenses in a manner, ie via a spreadsheet tabulation?  Such tabulation should clearly indicate the ongoing costs being reimbursed by E&B from their deposits fund, along with the ongoing costs being reimbursed by E&B from their deposits fund, along with the ongoing city expenditures not being reimbursed by E&B from their deposits fund.

See Item 4 Brown Act

A Cry For Help From More Hermosa Beach Residents

Listen to what Kevin Sousa, Michael Collins, Hany Fangary, Allan Mason and Stacey Armato have to say at the Hermosa Beach City Council meeting on Tuesday, May 14, 2013.  They are all speaking to the issue of E&B Natural Resources drilling in the Hermosa Beach City Yard without a County permit.

Related Articles:
Hermosa Beach Residents Catch E&B Drilling Without a County Permit
Hermosa Beach Patch "City Cited For Lack of Drilling Permit

E&B Natural Resources Contractors Will Be Fined For Illegal Drilling in Hermosa Beach

The City of Hermosa Beach is among three entities cited by the Los Angeles County Public Health Department--Environmental Health Drinking Water Program for drilling on the public works yard site last Tuesday without the required permits.

Brycon, LLC, a consultant out of Newport Beach, and J & H Drilling Co. Inc. out of Santa Ana were also cited for their participation in the work, which was being done on behalf of E&B Natural Resources to test soil and groundwater for contamination.

In the "Notice of Violation & Order," the city, Brycon and J & H were directed to submit a Well Permit Application by today. J & H must also submit proof of a valid California C-57 Well Water Contractor's License.

All three will also be fined, according to Richard Lavin, chief environmental health specialist with the Drinking Water Program. The fine, due by June 10th, has yet to determined, he said late Tuesday.

Permits are required for any well drilling in the state, he said. His department oversees drilling in L.A. County, with the exceptions of Long Beach and Pasadena.

Former Hermosa Beach City Manager Steve Burrell and now $168,000 consultant to EIR process did not comment.  Current Mayor of Hermosa Beach Kit Bobko creator of the illegal oil settlement had no comment.  Michael Divirgilio also did not return Hermosa Beach Patch's calls for a comment.  Current City Manager Tom Bakaly had no comment but issued the following statement below.

HERMOSA BEACH, CA - Hermosa Beach City Manager Tom Bakaly issued the following statement in response to a request from Los Angeles County for a permit for work at the city’s maintenance yard that is part of the environmental study of the oil production project proposed by E&B Natural Resources Management Corp. (E&B). 

“The work at the city’s maintenance yard involved shallow borings into the soil to obtain groundwater samples as part of the information-gathering process for the environmental review of the oil production project proposed by E&B. This is a relatively routine sampling operation for a project of this type, and it required just one day of work and little disruption of the site. While the city staff investigated the need for a state permit for the water sampling process, it was unaware that a Los Angeles County permit was needed for such work. 

“We apologize for any confusion this environmental data-gathering process might have caused. The city remains committed to providing residents and voters with thorough information about the proposed oil production project and will strive to communicate more fully in the future. As part of the ongoing communication, the City Council will receive an update at its meeting on May 28 about Hermosa Beach’s General Plan, its Community Dialogue and the environmental review process for the proposed oil production project. We invite all the city’s residents to become involved in these processes to help determine the future of Hermosa Beach.”

As is often the case after a Project Application is deemed complete, the city had asked E&B for additional information for the Remedial Action Plan (RAP) submitted as part of E&B’s Project Application. A contractor for E&B conducted shallow borings in the soil at the maintenance yard to obtain groundwater samples to address soil contamination known to exist on the site because of its historic use as a landfill. This sampling process did not constitute “testing” or sampling for oil at the site: It only sought information about groundwater and is much different from oil drilling. 

The information from this sampling will help the city gain more information about the groundwater conditions underlying the site and to better evaluate the effectiveness and appropriateness of the proposed RAP. Groundwater information also is essential for an accurate description of baseline environmental conditions in the Environmental Impact Report (EIR) the city will be preparing to examine all environmental impacts of the proposed project.

The city had a license agreement with E&B that gave the company and its contractors access to the maintenance yard to obtain the samples. The work was completed on May 7. Before the work began, the city had asked and determined that no state permit was required. After the work was completed, the city became aware that the Los Angeles County Public Health Department’s Bureau of Environmental Protection required a permit and that the permit should have been obtained by the geotechnical contracting company hired by E&B. 

The city notified E&B of its responsibility to obtain the permit. E&B’s contractor has now filed for the appropriate permit with Los Angeles County.

Related Articles:
Hermosa Beach Residents Catch E&B Drilling Without a County Permit
Hermosa Beach Patch "City Cited For Lack of Drilling Permit

Why Hermosa Beach Desparately Needs a Town Hall Meeting

Stacey Armato "I Don't Need an EIR to Know the Risks of Oil Drilling"

Apparently on  May 14 a Community Dialogue Facilitator Will Been Hired?

Hermosa Beach City Manager Tom Bakaly Refuses to Publish Oil Letter On Agenda

A Letter From Michael Collins Refused to Be Published by City Manager Tom Bakaly

West, Texas Regulators Environmental Impact Report (EIR) Should NOT Have Been Trusted

Texas regulators knew in 2006 that the fertilizer facility that burned and exploded in West, Texasa had two 12,000-gallon tanks of anhydrous ammonia and was near a school and neighborhood, documents show. However, West Fertilizer Co., of West, Texas, told Texas Commission on Environmental Quality permit reviewers that emissions from the tanks would not pose a danger. That assertion was based on expected routine emissions, not the possibility of a catastrophic failure.

As a permit condition, the TCEQ required the company to build a wall between the tanks and a public road to prevent passing vehicles from striking the tanks. The company complied and on Dec. 12, 2006, the agency’s executive director issued an operating permit for the tanks, which already existed.

E&B Natural Resources is claiming that putting up this wall below will protect us from a similar explosion, fires and blowouts.  Are they lying as well?

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.

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.)

Carpinteria Oil Drilling Initiative Defeated

Carpinteria Oil Drilling Initiative Defeated, Measure J (June 2010)

Yes: 944 (29.94%)

No: 2,209 (70.06%)

Measure J (Venoco's Oil Drilling Initiative) from Ted Rhodes on Vimeo.

A Carpinteria Oil Drilling Initiative was on the June 8, 2010 ballot in the City of Carpinteria in Santa Barbara County, where it was defeated. The primary effect of Measure J would have been to approve a slant oil and gas drilling project proposed by Venoco Inc. along Carpinteria’s coastline.  Real estate values were projected to decrease 10-15%.  Please read the Carpenteria Environmental Impact Report (EIR) which reveals some scary facts. 

Posing as a so-called "people's" initiative, Measure J was an attempt by Venoco to bypass local city government review and oversight. As the only donor to the pro side of the ballot measure, Venoco spent well over $600,000 – compared to $80,000 spent by Citizens CAP (Committee Against Paredon Initiative) that was raised from hundreds of individuals – trying to convince the voters of our small town as to the benefits and safety of their proposed massive oil drilling Paredon Project and why Venoco should be allowed to bypass all the local rules and regulations everybody else in Carpinteria needs to follow. Read more details here.

	MEASURE J: Shall the General Plan/Local Coastal Land Use Plan of the City of Carpinteria be amended and a Specific Plan adopted to authorize development of the Paredon Project, a private development project to explore, develop, produce and gather offshore and onshore oil and natural gas resources and transmit them to the Carpinteria Oil and Gas Processing Facility operated by Venoco, Inc.?

Hermosa Beach Self Storage Lot & Civic Center Roulette

(Option 1) Drilling for Oil = Relocating City Maintenance Yard Here

(Option 2) Keep Current Hermosa Beach City Maintenance Yard

I was shocked to hear at the planning commission meeting that CITY STAFF and not the Planning Commission know all of the information about future plans of the City Hall.  New Downtown Civic Center? Apparently, Hermosa Beach's long term plan is to develop a downtown Civic Center.  This plan is now in jeopardy because of the proposed oil drilling project?  Why, because the City Maintenance yard would have to be relocated to the City own Storage lot across the street from City Hall.  What would happen to City Employee parking?  City Staff seems to think that the City Yard can be relocated onto the storage lot without disrupting the parking.

The City was planning to expand City Hall across the street to the Storage Lot above which makes a lot of sense.  But what more do they need downtown and hope to understand in the future?  Transparency please?

According to Mike Flaherty, Public Works Director say this.  "The EIR for the oil project has to address the City yard relocation.  Is E&B going to pay for the relocation?"  No.

Former Hermosa Beach City Councilmen Gary Brutsch said, "oil revenue from the Tidelands could pay for a police and fire substation on The Strand. Brutsch, "believes many people who were in favor of oil drilling in 1984 didn’t have the energy to defeat the anti-oil forces. Brutsch said, "he wanted to designate Hermosa Beach the environmental portal to the Santa Monica Bay by using tidelands revenues to install filters on storm drains that empty into the ocean."   See Easy Reader article.

Zoning for the new City Yard location next to homes would have to be reconsidered to light industrial.  Is the planning commission going to be involved oil EIR process?  Lets hope so.  Will the planning commission be involved in the EIR?  Lets hope so because I bet Planning Commission Chairman Ron Pizer has some input.

You might also want to read this. How does Hermosa Beach plan to pay $17.5M?

What is an Environmental Impact Report (EIR)?

Hermosa Beach is about to begin the Environmental Impact Report (EIR) process and its important that you know what it is, the timing, costs, players, politics & process.  An EIR is the planning document which describes the environmental impacts associated with a oil drilling project.

17 Environmental Impacts

The EIR will analyze 17 different environmental impacts and will determine which ones are significant. Aesthetics, Agricultural resources, Air Quality, Biological resources, Geology and Soils, Greenhouse Gases, Hazards, Hazardous Materials, Hydrology and Water Quality, Land use and Planning, Mineral Resources, Noise, Population, Real Estate, Public Services, Recreation, Transportation and Traffic, Utilities, Mandatory Findings.  It also describes mitigation measures to reduce the impacts to an appropriate or acceptable level.

Planning Commission & City Council

The information within an EIR allows the decision-makers (the Planning Commission and/or the City Council) to make an informed decision when considering whether or not to approve a project. The report also assists with deciding if approval conditions (entitlements) are necessary. The ultimate decision to approve a project, however, remains with the decision-makers. When the Planning Commmission or City Council approves an EIR, it is simply an acknowledgement that the EIR is true and accurate. It is only a step towards project approval, not a guarantee. The Planning Commmission or City Council may decide to instead decide to approve or deny the project based on overriding considerations. For example, the Planning Commission may find that a proposed project may provide monetary benefits to a community that don't outweigh a problems identified in the EIR, such as unsafe air quality, heavy truck traffic & real estate price decline that will negatively impact property tax revenue.

Public Review

There may also be one or more meetings about the report, either as a separate meeting or as an item in a Planning Commission agenda. Note that approval of the environmental impact report does not mean that the project is approved. Once the report is approved, decision-makers review the project, taking into account the information in the report and other considerations. The public has an opportunity to review and provide comments on a draft of an EIR by contacting, in writing, the planner listed on the EIR. Public input is then included in the EIR, and considered by the decision-makers along with other aspects of the report.

EIR Project Managers

The Hermoa Beach City Council approved a contract with Ed Almanza & Associates, a Laguna Beach firm, to serve as the project manager.  However, there is no public information on this firm available on the internet as of today which is concerning.  The firm will oversee the city’s review of the proposed project at large. The Council also approved a consulting contract with former City Manager Stephen R. Burrell.

Opinion:  "Can Voters Rely on an EIR to Make a Voting Decision?"

It is important for the entire South Bay to understand this will be the 4th time in 80 years that Hermosa Beach has been faced with an oil drilling ballot measure. Hermosa Beach overwhelmingly banned oil drilling in public votes in 1932, 1958 and 1995. An Environmental Impact Report (EIR) will address many aspects of this process, but it will never fully disclose all the damage that oil drilling will bring about in a town 1.3 miles square. Our position as a great area to live will be severely tarnished. These safety and environmental damage resulting from oil drilling will effect generations to come.

An EIR is supposed to be a thorough analysis of: Air quality, Biological resources, Geology and soils, Greenhouse gases, Hazards and hazardous materials, Hydrology and water quality, Land use and planning, Mineral resources, Noise impact, Population and housing, Public services, Recreation, Transportation and traffic, Utilities & any other Mandatory findings of significance like real estate values. Upon the completion of the EIR, a thorough examination of the safety risks will be necessary as it was in the previous MacPhearson oil drilling project. A report like Bircher Report (safety study), which was done in relation to the MacPhearson project, will need to be done.

Its too complicated for the voters to rely on an EIR alone.  Its too complicated and does not address safety to the residents.  An EIR is meant to simply figure out how a project could get approved. Don't be surprised to see this EIR analyzed and separated by parts to make the environmental impacts appear smaller and insignificant to residents. It’s very important that the City Council get a report similar to the Bircher Report to fully understand the risks these kind of project present.

Hermosa Beach has been down this road before and completed an Environmental Impact Report for Macpherson Oil in the 1990's at this exact location. The City Council elected at that time showed great care and diligence in their decision making. They commissioned the Bircher Report and reviewed the EIR and concluded that it was unsafe and the air quality impact would have been too harmful on residents. Three City Council members Sam Edgerton, Julie Oakes and John Bowler unanimously agreed that to not proceed with oil drilling after reviewing all the findings. They felt that the safety risks were too great to allow the oil drilling project to proceed.

We need the EIR to be interpreted by professionals who will take into account the same safety issues our 1990 City Council had to. Our current council chooses not to heed this previous unanimous vote of their predecessors. It is unknown if they even read the prior EIR and related safety reports before agreeing to this settlement arrangement. The current city council viewed the outcome of a jury trail too risky and unlike our 1998 city council they put the citizens at risk, or in this case obviated the due diligence of a complicated project into a political vote where safety arguments and facts might get lost in the rhetoric..

Former City Manager Steve Burrell Unretires to Manage Oil EIR

Steve Burrell's Retirement Party Two Months Ago April 5, 2012

At the May 22, 2012 City Council Meeting, City Officials are set to approve a Professional Services Agreements with Ed Almanza & Associates and Stephen R. Burrell for consulting services to augment staff in processing land use entitlements and an Environmental Impact Report in connection with an oil drilling project.

Here is a letter to the City Council regarding this consulting agreement from long time resident Barbara Guild who beat oil drilling in 1957.  Barbara Guild has also done an extensive review on the agreement signed by Hermosa Beach and suggest that you read her oil agreement comments here.

Barbara Guild's Letter to City Council of Hermosa Beach

Dear Mayor Duclos, Councilman Fishman, Councilman Tucker, Councilman DiVirgilio, Councilman Bobko,

STOP and THINK before you go forward tonight and inappropriately approve not one, but two of the following items:  “Agreements for Consulting Services to Augment Staff in processing Land Use Entitlements and an Environmental Impact Report in Connection with an Oil Drilling Project.” DO NOT VOTE FOR THESE TWO AGREEMENTS!!! 

I have lived in Hermosa Beach for 64 years, and I am very interested in maintaining the flavor as well as the environment of our city. I actively defeated the Shell Oil Co. in their proposal to drill for oil in our tidelands in 1957. And I spoke to the Council, March13th, following the signing of the current agreement with E & B, where I stated that we are now starting with a clean slate and must realize this fact. 

The people of Hermosa Beach should be allowed to know which firms are bidding for the opportunity of preparing the necessary Environmental Impact Report. It should not be given to the first group that comes along. Allow those of us who are most interested in protecting our environment to come up with suggestions of who to engage. We have many environmental issues that need addressing, and a two-man group from Orange County, with no office on record, only a P. O. Box, should not be signed up without further consideration and public input.

The Settlement Agreement you signed, March 2, 2012, limits, to $50,000, the amount of money E & B will provide to reimburse the City for only these THREE items from (Paragraph 4.4 a):

1) The EIR,

2) The CEQA 

3) The Election to rescind the Oil Drilling Ban.

Former City Manager, Steve Burrell could earn $168,000 for each fiscal year (plus expenses), and the preliminary estimate for Almanza & Associates is $138,000. This would leave nothing to pay for the election, if it’s ever called.   Do you really think that E & B is going to pay for the contracts you might sign tonight? Please seriously consider your vote!

Yours sincerely, Barbara Guild

P.S. Here is Paragraph 4.4 of the March 2, 2012 Agreement the City made with E & B:

4.4 a. E & B’s Obligations Following Closing a. Reimburse City for the cost of preparation of an environmental impact report or supplemental environmental impact report (EIR) pursuant to the California Environmental Quality Act (CEQA) based on a Project description provided by E & B, should such an EIR be prepared and the cost of conducting a special election NOT TO EXCEED $50,000 as provided in Paragraph 4.6 (a). (Emphasis added). We are concerned why the city staff would need "assistance with processing the development application and other necessary entitlements" since this is a technical and straightforward procedure that shouldn't require a specialist consultant to accomplish. Unfortunately, Mr. Burrell placed a political cloud over his head by choosing to retire when he did. Had he stayed on longer, this contract would not be necessary. Although the city is not paying for his services, it has the appearance of double-dipping. Those opposing oil development will make hay of this which may very well distract from the serious issues of determining the safety of this project and proposed financial return to the city.

We would like to hear some details on why these people were chosen and what their qualifications and expectations are.  This comes from City Officials like Michael Divirgilio who is sounding the horn on more public transparency which I think is good.  Some questions I have for these individuals:

1) What are the details of this consulting agreement?

2)  How much are they getting paid and by Hermosa Beach?

3)  What is their history with the project, E&B, oil or lawsuit?

4)  What is their professional experience managing processes like this?

5)  Do Steve Burrell or Ed Almanza have any conflicts of interest?

6)  How will this facilitate the promise from City Council about making the EIR process public?

7)  Are any city residents involved in the EIR process?

8) Why are the we, the citizens, paying for this? Why isn't this cost being underwritten by the oil company? Or are we concerned that if they pay for it we won't get legitimate answers?

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