Showing posts with label Macpherson. Show all posts
Showing posts with label Macpherson. Show all posts

Tuesday, March 7, 2017

Hermosa Beach Puts an End To a 30+ Year Drilling Rights Dispute

FACT SHEET
CITY OF HERMOSA BEACH SETTLEMENT WITH E&B NATURAL RESOURCES MANAGEMENT CORP

The City of Hermosa Beach and E&B Natural Resources Management Corp. has resolved several ongoing disputes between them, putting to rest the issue of oil drilling that began with a 1984 vote to allow oil drilling in the city. Following are the specific terms of the settlement announced on March 7, 2017:

  • E&B relinquishes all drilling rights in any oil project in Hermosa Beach, including the lease issued by the city in 1992 that gave Macpherson Oil Company (and later E&B, by assignment under the 2012 settlement between Macpherson, E&B, and the City) the right to drill in the city.
  • E&B relinquishes all mineral and other rights in any oil project in or under Hermosa Beach, including the private leases and School District lease that E&B acquired from Macpherson.
  • E&B relinquishes all other permits and approvals for oil drilling in or under Hermosa Beach, including all road agreements, state approvals and other permits and approvals E&B acquired from Macpherson.
  • E&B relinquishes all future claims against the city over the oil project, including claims for interest or any other monetary compensation resulting from the 2012 settlement and the 2015 special election regarding its oil-drilling proposal, the Measure O election.
  • In exchange for giving up its oil drilling rights and all current and future claims, E&B will receive $1.5 million from the city’s existing funds.
  • Both sides agree not to disparage one another in their comments about the settlement. This is a common provision in settlement agreements.
BACKGROUND
Since 1984, when voters lifted a longstanding ban on oil drilling in Hermosa Beach, the city has lived with the threat of oil drilling. In 2015, Hermosa Beach voters rejected Measure O, a proposal by E&B to drill for oil at the city’s maintenance yard. The vote triggered a requirement that the city pay E&B $17.5 million-plus interest. After the vote, E&B claimed the city owed E&B interest and had violated the 2012 settlement during the Measure O election.

E&B also claimed that if the city ever overturned its ban on oil drilling, E&B would forever have the right to drill for oil in Hermosa Beach under various leases, permits and approvals E&B continued to hold. It based this claim on its assertion that the voters’ rejection of Measure O in 2015 triggered a force majeure clause in the original lease.
Such clauses refer to occurrences, such as an act of government, that are beyond the control of the parties. A force majeure clause can be used to suspend the contract for the period of time during which those occurrences prevent the parties fulfilling their obligations under the contract.
This settlement resolves these issues by providing that E&B relinquishes every lease, permit and approval it holds in Hermosa Beach. The settlement restores the city to the position it was in before Hermosa Beach ever encountered Macpherson or E&B. It also eliminates all future litigation with E&B over its oil-drilling proposal.  

Monday, October 14, 2013

Why Did The Hermosa Beach City Council Not Read the Mock Jury Trial Transcript Before The Settlement?

A former City Council member’s opinion

Councilman Kit Bobko has repeatedly told the public that the results of the “mock jury’s” trials conducted by the city’s attorneys, Bird & Marella, were the basis for his decision to agree to a settlement with Macpherson Oil. He told us the mock juries came back with bad news, finding hundreds of millions of damages for Macpherson Oil. Bobko fails to point out that the city’s attorneys specifically told the City Council that this was an exercise to prepare for trial. It was in no way to be used as the cornerstone of a settlement.

Mr. Bobko distorts the truth to make himself look better. He says the city was going bankrupt. This is not true. The City Council only explored conversations with bankruptcy attorneys to assist in the settlement negotiations; we never retained a bankruptcy law firm in a meaningful way except to inform the City Council on the rules and parameters of such an action. The City Council never reviewed the detailed mock jury information because our trial attorneys told us it was not a tool for settlement, merely an exercise for their preparation for the trial. Mr. Bobko said the city was “locked in the embrace of death” by Macpherson. That was in his mind; this was not ever discussed in open or closed session of the City Council. Residents should remember that Bobko’s settlement agreement will cost the city millions even if the citizens approve oil drilling.

Michael Keegan, Hermosa Beach

  

Tuesday, May 28, 2013

Have The Rights of City Council Members To Speak On Their Own Been Muzzled By An Agreement?

(Please excuse my typos below)

4)  Request for clarification as to any other ongoing confidential agreements (other than the March 2, 2013 settlement agreement itself) which have also been made by the City's staff and/or the City Council, and/or with any other entity regarding the oil issue.  

The March 2012 settlement agreement between the parties states that the City will take the necessary actions to have an election for the voters to vote Yes or No on lifting the ban on oil drilling in Hermosa Beach.  However, as long as an election does take place and is facilitated by the Council, is there anything that precludes any individual council members from stating to the press or to the public, inside or outside of a public forum, and on the record, of being for or against lifting the ban on oil drilling? 

Has in any manner the rights of any individual council member to speak on their own, or on their constituents behalf, been muzzled via any agreement by the council in closed session or otherwise?  This question has not been answered clearly in my and others' view and such is not specified in the settlement agreement, nor do I recall a debate on the agenda item in any public meeting where the council specifically voted to maintain a position of unanimous support to muzzle themselves.  Something seems to be missing here and apparently has a lot do with the perception the public has of the Council regarding the entire oil matter? (See article:  Did elected officials in Hermosa Beach violate the Brown Act.)

Complicating the issue is that rumors persist that more than one council member has made it very clear to some residents or business operators that they are either supporting or not supporting lifting the ban on oil drilling in Hermosa Beach.

Unfortunately, that all five council member appear to be stonewalling, on the record, the issue of what agreement they perhaps made behind the scenes indicates to many, if not most, that the Council is being disingenuous and playing politically coy, given that the oil drilling issue is far from new in the city.

Further, it is doubtful that even 1 in 20 of the electorate who actually vote on the oil drilling issue will make up their minds one way or the other, basis reading or understanding anything of the nuts and bolts of the EIR's likely mountain of esoteric data, E&B's application, the flood of mailers and propaganda barrages to be likely put out by E&B and others, or the underlying agreements with Macpherson that have been transferred to E&B or others, nor will they perhaps understand or trust the grandiose claims of revenue one way or the other or the safety or lack of safety claims E&B and others are making.  Thus,

4-a)  Are there any agreements written or verbal other than the settlement agreement as related to the question of lifting the ban on oil drilling, the election, confidential, or otherwise, that the public and press are not distinctly and formally aware, and understanding of?  This could include any issues agreed to by the Council members among themselves, such as that they would not individually take announce a public position on oil drilling until "XYZ" occurs, etc.   If there are any other agreements please disclose and clarify as best possible what purpose they are for, why they are needed, and when they are made.

4-b)  Is each and every council member free at this time to speak his own mind regarding lifting the ban on oil drilling, both inside or outside of a public forum, and/or to the press on the record?  Yes or No?  If No, this due to a specific binding agreement made by the full council among themselves, and if so why such agreement required when the settlement agreement is supposedly the full and complete agreement?

See Hiding Oil Money Point 3  

Monday, May 27, 2013

Who Owns Present & Future Oil & Gas Mineral Rights?


1)  Request for clarification regard the present and future ownership of the oil and gas mineral rights that were own by the City prior to the original agreement(s) with Macpherson.    

1-a)  Who owns / controls the City's original oil and gas mineral rights at the present time? 
1-b)  Who will  own/control the subject mineral rights if oil drilling IS NOT APPROVED by the voters, and for how long?  
1-c)  Who will own/control the subject mineral rights if oil drilling is approved by the voters and for how long? 

2)  Request for clarification regard the Oil Lease expiration data. 

2-a)  How many years remain on that oil lease? 
2-b)  Is the clock presently ticketing on that oil lease or has it been suspended due to the prior oil litigation, and if so is it still suspended and to when? 
2-c)  If oil drilling is NOT APPROVED by the voters what happens to the oil lease, ie. does it expire immediately, will it ever expire, will the clock continue to tick? 
2-d)  If oil drilling is approved by the voters what happens to the oil lease, ie. when does it expire, will it ever expire and if so when? 

Monday, April 29, 2013

Class Action Lawsuit Against the City of Hermosa Beach?

Homes For Sale on  Zillow.com MLS in Hermosa Beach Over 30 Days

The City of Hermosa Beach better have a their legal defense budget ready because real estate values in South Hermosa are not appreciating like the rest of the market.  Homes are not selling like the rest of the community as buyers continue to question the likelihood of oil drilling in their neighborhood.  Obviously, no one wants to live near the noise and potential safety and health hazard. This map above shows you the number of homes in Hermosa Beach that have been on the market over 30 days as of April 2013.  You wonder why know one wants to buy in South Hermosa Beach and if oil drilling passes their could be masses loses?

This is why the City of Hermosa Beach and the City Council will be liable for entering into a 3rd party settlement agreement with another oil company and not settling the Macpherson lawsuit separately.  Oil was and currently is banned within the City and the City Council failed to honor this law.  If the City had settled the lawsuit with Macpherson and then brought oil drilling to a public vote this would not be an issue.  However, they entered into an illegal settlement agreement with E&B Natural resources thereby ignoring all the laws that were currently in place banning drilling.

This is why the settlement is illegal and each member of the City Council should be held personally liable and a class action lawsuit is not out of the question. Listen to all the hypocrisy, lies, deception and intimidation in this video.  Several real estate brokers are concerned that real estate in South Hermosa Beach is going to be depressed as long as the oil drilling issue not resolved.

Here is a national map of all the class action lawsuits related to oil and gas drilling.



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

Wednesday, December 19, 2012

The Hermosa Beach Oil Settlement Agreement is Not Legal


Why has no one on the City Council read the Macpherson mock jury trial documents or transcript?  The threat of bankruptcy was the basis for was for a $17.5M settlement and extortion vote and no one has read the documents?

Before you read this you should review the contract agreement commentsIn a properly negotiated & compromised settlement agreement, "neither party should be happy"with the outcome.  In this settlement agreement Hermosa Beach tax paying residents lost while the lawyers, City Council and oil won regardless of the outcome of the vote.  Here are some very important questions for our proud elected officials: Council Member Patrick (Kit) Bobko, Hermosa Beach City Attorney Michael Jenkins and Michael Divirgilio.

Drilling Down Article 
1)  If there was such a real likelihood that Macpherson Oil would win a court award for HUNDREDS OF MILLIONS OF DOLLARS ($750 million,), then why did Macpherson Oil settle for a mere $30 Million or 4% of his asking price  Did Macpherson believe that, even if they won the jury trial, they would likely receive substantially less than $30M, or probably even NOTHING (see below)?  

2)  Was the 1995 “STOP OIL” ELECTION FLAWED because the “City Attorney (Jenkins) Impartial Analysisin the election pamphlet failed to advise/warn voters of the real possibility of a Breach of Contract lawsuit to recover POTENTIAL LOST PROFITS? Were Hermosa Beach voters properly informed about the potential consequences, including tremendous financial liability, of the Proposition E vote in 1995? What law firm was providing City Attorney services to Hermosa Beach during this decade/period of time? Weren’t Bobko and Jenkins both employees of this same law firm - Bobko's current employer RWG Municipal Law Firm (of which he is now a Partner)?

3) Until 2001, Hermosa Beach City Attorney services were being provided by (Bobko’s & Jenkin’s) RWG Municipal Law Firm, represented by RWG Employee Michael Jenkins. From 2001 and onward, Michael Jenkins law firm began providing City attorney services to the City, including providing oversight services on the law firms defending the City from the MacPhersson lawsuit.  After the MacPherson lawsuit was filed, why didn’t RWG admit there had been and omission/error, and advise the City to hold a new election? (The 1995 measure passed by a mere 565 votes). Why didn’t Jenkins (after he/his law firm began providing City Attorney services to Hermosa)? Why didn’t Bobko (after being elected to the City Council)? 

4)  Could damages even be awarded to MacPherson by a jury (under directions provided by the presiding judge) due to failure of Macpherson Oil to make reasonable efforts to “mitigate damages” over the past 15+ years, as required under California law, by insisting on a new vote with a new proper City Attorney Impartial Analysis?  Did Macpherson sue because he could NEVER meet the TERMS & CONDITIONS of the LEASE imposed by the Coastal & State Lands Commission?  Did Hermosa Beach trial lawyers including Michael Jenkins purposely ignore evidence that could have won or minimized damages?  

5) Because of Bobko's associations with RWG Municipal Law Firm and Michael Jenkins, did Councilmen Bobko have a “CONFLICT OF INTEREST” in negotiating and voting on the settlement agreement? Shouldn’t Bobko have RECUSED himself, as required under California law from all such activities.  Has Bobko violated the Brown Act?  

6)  Are these the reasons the Settlement Agreement was negotiated by Bobko in secret, and voted upon behind closed doors without public participation? Was Bobko just protecting the reputation of this law firm, and his friend Jenkins, to the detriment of the City? Why was the settlement agreement not discussed in public BEFORE City Officials signed the contract with a new 3rd party E&B before the scheduled jury trial in April of 2012? Don't neighbors heavily impacted deserve "a say" in that their property and lives could be heavily impacted? - That seems to be normal business practice with Tattoo parlors or new bars, etc

7) Is this the reason that this behind the closed doors settlement includes a requirement that the 1995 "Stop Oil  election be held again"?  By wiping out all City reserve funds if not passed. Are there also other implications with regard to attorney "errors and omissions"insurance and possible reimbursement to the City for its approximately $4M in legal defense costs?

Tuesday, May 15, 2012

Dangers to Hermosa Beach Residents if Oil Drilling is Permitted

Toxic Pollutants Released During Oil & Gas Drilling

Here are just some of the risks sited by the California Coastal Commission in 1992 for the proposed Macpherson slant oil drilling project that was blocked by a resident revolt.  Read the summary of the seven major risks addressed by the full California Coastal Commission detailed report.  Its important to note that none of these issues can be fully mitigated by new technology as E&B Oil will likely claim.  There are other risks associated with the project. 

E&B Natural Resources Sign at Site in Long Beach
#1)  This is an actual sign from E&B's drilling site in Long Beach, CA.  The previous applicant (Macpherson Oil) proposes to locate a hazardous oil and gas industrial development in a fully developed urban area with nearby residences.  Commission staff did not believe the applicant  had fully analyzed the potential worst-case accidental release of hydrogen sulfide (see Wikipedia definition) that might occur. In addition, some nearby wells have historically produced significant amounts of hydrogen sulfide. As a result, the applicant agreed to fund an independent, third party review of its hazard risk analysis. The consultant, Arthur D. Little, Inc., working under the direction of Commission staff, determined that hydrogen sulfide, an acutely toxic gas, could be encountered during drilling and/or production and could pose a significant safety risk to offsite populations. Hydrogen sulfide is lethal within a few breaths at concentrations of 1,000 parts per million (ppm), and kills within ½-hour at concentrations of 300 ppm. Injuries may occur at lower concentrations and occupational safety standards are triggered at 10 ppm.  


#2) The project poses a risk of fire and explosion. 


#3) Methane Gas Leaks & Explosions - Cause of BP Oil Spill


#4)  Withdrawal of reservoir fluids and associated changes in reservoir pressures may lead to subsidence. Subsidence of the nearshore area could lead to changes in beach profiles and result in loss of sandy beach. Subsidence can also cause increase seismic activity. 


#5) Re-injection of produced fluids poses a remote risk of increased earthquake activity.


#6)  Project-related operations could result in an accidental oil spill from the production facility/drilling site (a maximum 2,800-barrel spill), a tanker truck (a maximum 175-barrel spill), and/or a pipeline (a maximum 141-barrel spill).


#7)  I think this signs from E&B Oil explains our spilling concerns. 


#8) Reduction of clean air to breath.  Don't believe the lies that it won't stink.  


#9)  Drilling and well work-over activities require a  75 to 135-foot tall drilling rig which (a) contrasts sharply with existing neighborhood building heights, (b) will be somewhat visible from several coastal public viewing areas, and (c) isincompatible with the low-profile visual character of this beach community.  Apparently E&B Natural Resources will be proposing a smaller drilling rig. 


#10)  The applicant proposes to remove 12 parking spaces, six of which are Public Access currently available to the public on weekends for beach access.

Tuesday, May 1, 2012

What Does the California Coastal Commission Do?



In 1972, alarmed that private development was cutting off public access to the shore, Californians rallied to “Save Our Coast.” They declared by voter initiative that “it is the policy of the State to preserve, protect, and where possible, to restore the resources of the coastal zone for the enjoyment of the current and succeeding generations.” The initiative created the California Coastal Commission to make land use decisions in the Coastal Zone while additional planning occurred.

In 1976, the Legislature enacted the California Coastal Act, which established a farreaching coastal protection program and made permanent the California Coastal Commission as it exists today. The Commission plans and regulates development and natural resource use along the coast in partnership with local governments and in keeping with the requirements of the Coastal Act.

What does the California Coastal Commission do? The Commission’s authority under the Coastal Act is comprehensive. The Commission makes coastal development permit decisions and reviews local coastal programs Local Coastal Programs (LCPs) prepared by local governments and submitted for Commission approval. It also reviews federal activities that affect the Coastal Zone.

What is Hermosa Beach's Coastal Zone? Our Coastal Zone reaches from three miles our to sea and stretches to an inland boundary. This zone applies to anything above the surface of the ground and below.

Does the Commission have authority over oil and gas development?  Yes. The Commission has permitting jurisdiction over all oil and gas development within the State’s three-mile range.

What standards does the Commission use in its permit and land use planning decisions?

The Commission carries out Coastal Act policies, which seek to:
• Provide for environmentally sound expansion of industrial ports and electric power plants and for siting of coastal dependent industries.
• Protect against loss of life and property from coastal hazards
• Protect and expand public shoreline access and recreational opportunities
• Protect scenic landscapes and views of the sea
• Establish stable urban-rural boundaries and guide new development into areas with adequate services

Who are the Coastal Commission members? 
The California Coastal Commission has 12 voting members and 3 non-voting members. Southern California representatives include:  Elected to Coastal Commission in 1997 Brian Brennan (Ventura City Council and former President of Surfrider Foundation) Richard Bloom (Santa Monica City Council).  Read here other bios of Coastal Commissioners.  Watch this video with Brian Brennan and learn about his history and environmental sustainability priorities.




Local District Offices
South Coast Los Angeles - 200 Oceangate, 10th Floor Long Beach, CA 90802 (562) 590-5071


Saturday, March 10, 2012

Recovery of Damages in Lawsuit

The previous page on Macpherson Lawsuit Issues raises 2 important questions/issues: Over the past 15+ years . . .

Michael Jenkins of RWG Law Firm's Impartial Analysis of Proposition E

1) Why hasn’t MacPherson (or his attorneys) at any time raised these election issues (the basis of the lawsuit) and at least requested (if not insisted) that the election be held again, this time with the requisite information/warning to the voters of the significant detrimental financial impact on the City.

2) Why hasn't City Management, City Attorney, or the various law firms representing the Hermosa Beach raised this issue and least requested (if not insisted) that the City Council rule that the election should be held again?  This time with the requisite information/warning to the voters of the significant detrimental financial impact on the City.

3) Could damages even have been awarded TO MACPHERSON by a jury (under directions provided by the presiding judge) due to failure of Macpherson Oil to make reasonable efforts to mitigate damages over the past 15+ years, as required under California law, by NOTIFYING CITY OFFICIALS THAT THE ELECTION WAS FLAWED AND insisting on a new vote with a new proper City Attorney Impartial Analysis?

Macpherson Lawsuit Issues

The Macpherson Lawsuit is probably the most serious and important detrimental issue facing Hermosa Beach. While investigating this issue, Hermosa Residents and attorneys have examined various documents, and discovered what they believe is a serious flaw in the 1995 election PROPOSITION E, the “STOP OIL DRILLING” voter initiative.

The most significant part of the claim for damages by MacPherson in his lawsuit is his claim for “lost profits” in the hundred of Millions of dollars. This claim is based on a fundamental tenet/principal of law that damages for “Breach of Contract” entitles the injured party to claim lost profits.

However, in the Voter pamplet/booklet provided to the voter for this election, the “Impartial Analysis of Proposition E” prepared the City Attorney Michael Jenkins RWG Law Firm made no mention whatsoever of this potential, if not highly probable, consequential detrimental impact on the City should this measure be passed (read below). Had this consequence of the passage of this measure been presented to the voters, there could have been a substantial difference in the number of registered voters voting, as well as the election results.
“Beginning in April 1994 the Hermosa Beach Stop Oil Coalition began a campaign to qualify a ballot initiative to end the Macpherson project and to reinstate the comprehensive prohibition on oil drilling in the City by deleting from the Municipal Code the two exceptions from the ban that had been approved in 1984.  (Hermosa Beach Mun.Code, § 21-10, subds. (a) & (b).)  The measure, Proposition E, appeared on the November 1995 ballot.”  (Stop Oil I, supra, 86 Cal.App.4th at pp. 543-544.) 
“The ‘Impartial Analysis of Proposition E’ by the Hermosa Beach City Attorney circulated to all voters explained, ‘The effect of this measure, if adopted, would be to amend the Municipal Code to prohibit oil and gas exploration, drilling and production on these two sites [the two sites then excepted from the citywide prohibition], and eliminate from the Code the authority to use these sites as a potential source of oil and gas revenue for the restricted purposes stated in the Code. [¶] The City has leased the City maintenance yard site to a private entity for oil and gas exploration and production activities which have not yet commenced.   All permits necessary for this project have not been issued and have been delayed by pending litigation.   If Proposition E is adopted, the law is not clear exactly how the measure would affect the project proposed by the lease.’   The ballot arguments in favor of and against Proposition E focused on the potential environmental risks and economic benefits of the Macpherson project on the City Yard Site."  
Proposition E passed by a narrow margin of only 565 votes.

1) Why hasn’t MacPherson (or his attorneys) at any time raised these election issues (the basis of the lawsuit) and at least requested (if not insisted) that the election be held again, this time with the requisite information/warning to the voters of the significant detrimental financial impact on the City.

2) Why hasn't City Management, City Attorney, or the various law firms representing the Hermosa Beach raised this issue and least requested (if not insisted) that the City Council rule that the election should be held again?  This time with the requisite information/warning to the voters of the significant detrimental financial impact on the City.

3) Could damages even have been awarded TO MACPHERSON by a jury (under directions provided by the presiding judge) due to failure of Macpherson Oil to make reasonable efforts to mitigate damages over the past 15+ years, as required under California law, by NOTIFYING CITY OFFICIALS THAT THE ELECTION WAS FLAWED AND insisting on a new vote with a new proper City Attorney Impartial Analysis?

With regard to issue 1: 
“A party cannot recover for loss which he could have avoided or mitigated through his reasonable efforts.” Clearly, MacPherson will likely have a difficult time explaining he should be entitled to any damages due the fact that Macpherson made no effort to call for a new election this time with the proper impartial analysis containing warnings of potentially disastrous ramifications for the City.

With regard to issue 2: 
This raises the distinct possibility that the City may well be entitled to damages from the law firms representing the City to recoup its legal costs which have soared in to the Millions of dollars which could have likely been avoided had this issue been raised.

As a general rule, the objective of contract damages is to insure that the aggrieved or injured party should receive what he or she expected from the bargain. To the extent that an award of money can do so, the aggrieved party should be placed in the same position as though the contract had been fully performed. This is what is known as protecting the expectation interest of the parties. (Rest.2d §344(a))

Loss of Profits
Loss of profits, present or future, as an element of special or consequential damages, may be recovered for a breach of contract if; 1) The loss is the direct and natural consequence of the breach, 2) It is reasonably probable that the profits would have been earned except for the breach, and 3) The amount of loss can be shown with reasonable certainty.

An injured party may recover for a breach of contract the amount which will compensate the party "for all the detriment proximately caused by the breach, or which, in the ordinary course of things, would be likely to result from the breach." (Cal.Civ.Code §3300.)

Limitations on Damages
There are several limitations on awarding damages to make the non breaching party whole: A party cannot recover for loss which he could have avoided or mitigated through his reasonable efforts. (Rockingham Cty. v. Luten Bridge Co. 35 F.2d 301 (4th Cir. 1929); Rest.2d §350)
Read more about recovery of damages in lawsuit

Thursday, March 8, 2012

Macpherson Settlement Agreement

Is it rather suspicious that the city of Hermosa Beach posted the full 45 page agreement over the weekend and suddenly takes it down this week?   Many people are looking for it and its ridiculous that the city would take it down.   Is it because they need to amend the agreement or are they becoming embarrassed.  Again, more transparency is needed.  We have a lot of smart people in this town and its very important that every dissects every aspect of this agreement.  If you want to know why the agreement may not be legal or want to hear comments from residents on the Macpherson see the previous two links.

See Also:
Macpherson Lawsuit Issues

Tuesday, March 6, 2012

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