Can Hermosa Beach Permanently Terminate the 35 Year Oil Drilling Lease After A No Vote?

Is The Oil Lease From 1992 Even Valid? 

Why Are 2 Measures Going to Be on the Ballot?  

1)  Yes or No On Drilling & 2) Where The Oil Money Goes? 

E&B Can Put Oil Drilling On The Ballot Several Times Over The Next 35 Years 

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.  

E&B Drilling Proposal Will Violate a Noise Ordinance (Letter)

Easy Reader "E&B Drilled" Letter April 30, 2013

E&B Oil has submitted a project proposal that states an intention to create massive changes to the city of Hermosa Beach. First and foremost, they are going to ask the city to believe that they are operating a safe, honest process of harvesting oil from beneath our town and from under our ocean. Our first glimpse into what they propose to do is in having the ability to read their proposal. This proposal is peppered with city code violations. When it seems convenient to follow the code, E&B will cite such code in a highly visible way. Any intention to wiggle around this code is, at best, a parenthetical statement hidden deep inside a paragraph.

My problem begins when there are phases of the proposed project where following the code will be either inconvenient or impossible. When this is the case, the suggestion that the code will be waived, changed or violated seems to be less openly written. Once such case can be found on page 45 of the E&B Project Proposal and reads, “ The drill rig would operate continuously for 24 hours per day, seven days per week, until the appropriate depth and bottom-hole location for each well has been reached. It is estimated it would take approximately 30 days per well for each of the four wells.” This is a description of the drilling of test wells and one reinjection well. With no problems, we are looking at a minimum of 4 months of around the clock drilling and associated noise and disruption, just related to the test wells. The additional 30 wells will take 3 more years of around-the-clock drilling.

Our city municipal code has several provisions that state that this type of activity is prohibited. Specifically, in chapter 8, section 24.040, part C, the following is considered prohibited noise: “the sustained, continuous or repeated operation or use between the hours of 10:00 p.m. and 8:00 a.m. of any motor or engine or the repair, modification, reconstruction, testing or operation of any automobile, motorcycle, machine, contrivance, or mechanical device or other contrivance or facility unless such motor, engine, automobile, motorcycle, machine or mechanical device is enclosed within a sound insulated structure so as to prevent noise and sound from being plainly audible at the property line of the property from which the sound is emanating.” Furthermore, chapter 8, section 24.050 restricts the hours of construction from 8:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturdays and states that, “ construction activity shall include site preparation, demolition, grading, excavation, and the erection, improvement, remodeling or repair of structures, including operation of equipment or machinery and the delivery of materials associated with those activities.” As a person who lives near the proposed site, and whose home (like many in the area) is above the sound attenuation wall and in the line of sight of proposed drilling rigs, equipment, vehicles, workmen, and other aspects of the project, I am highly concerned. The proposed sound attenuation wall does nothing to address the issue of noise pollution facing the majority of houses around the proposed drill site.

I am concerned that E&B Oil might already be operating under the assumption that this code will be ignored or amended for the purposes of their operation. I am concerned that any false assumption, created either by the city council, the city manager, or anyone misleading the citizens of Hermosa, will allow 24 hour a day construction and drilling, and will lead to another lawsuit. I want the citizens of Hermosa, the very citizens who will be voting about the next 35 years of our city’s future, to be informed in every step of this process.

I am presently dissatisfied with this council’s ability to clearly present information about this project.

Keep Hermosa, hermosa,
Michael Collins
Hermosa Beach

See this recent violation of City code on May 7, 2012.  

Why is E&B Drilling in Hermosa Beach Without Permit?

I guess the joke is on us and the City can get away doing whatever they want and make up their own rules.  When will the lies, corruption and deception of the truth stop in Hermosa Beach?  This drilling started at 8am on May 7 at the Hermosa Beach City Yard.

Neighbors were not notified and the City did not have a permit to do this according to sources who asked City Manage Tom Bakaly. Is this grounds to fire a City Manager for ignoring this huge issue?  See this incident at the last City Council meeting where Tom Bakaly refuses to publish a letter.  Is Mr. Bakaly  really working for the people or is he also now working for E&B?  Why is Mr. Bakaly hiring an outside consultant to moderate / facilitate a town hall meeting?  Many questions need answers and this is not leadership.

 

City of Hermosa Beach Drilling Without a Permit?

Here is the Hermosa Beach drilling ordinance right from their web site. 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 declared 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)

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)

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?