Showing posts with label Tide Lands Trust. Show all posts
Showing posts with label Tide Lands Trust. Show all posts

Thursday, May 30, 2013

Hermosa Beach City Council Members Took An Oath To Protect & Serve Its' Residents

    
Hermosa Beach City Council Members Took An Oath To Protect & Serve

Chris Miller (Daughter of Famous Ski Movie producer Warren Miller) delivers a power speech to the City Council.  "You took at oath of office to protect and serve its' residents.  This is not what Hermosa Beach stands for and I do not want to be owned by an oil company.  The California Tide Lands Trust was founded to protected the Coastal areas above the surface and was not developed to sell out what is below the surface."

Sunday, May 26, 2013

Why Is E&B Natural Resources Calling It An "Oil Recovery" Project?


I would like to suggest to E&B management and the City of Hermosa Beach to stop misleading the residents by your faulty marketing vernacular "recovery".  Please read the definition of "recovery" because E&B does not own anything in this town.  We the residents of Hermosa Beach are smarter than 5th graders and think you should call your project what it is . . . oil drilling.

"Recovery" Definition: 
1) The action or process of regaining possession or control of something stolen or lost.
2) A return to a normal state of health, mind, or strength. E&B owns nothing in this town.

Our town is healthy, strong and has been running the just fine without oil drilling for the last 30+ years.  E&B is assuming by their use of "recovery" that they own the oil underneath the City and Ocean.  This is faulty because the State owns it in a Tide Lands Trust.

Why are you so afraid to call it drilling?  Has oil drilling become a dirty word since you are doing it in such close proximity to schools, homes, parks and businesses?  Do you think you can secretly get away with installing 70 foot tall drilling rigs in our back yards that will stretch miles underground out into the ocean?


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.


Monday, February 25, 2013

$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

Thursday, August 2, 2012

No Oil Money For Hermosa Beach Schools


Barbara Guild Speaking About Oil Drilling Underground In Ocean Benefits State of California (Tidelands Trust)

- No General Use of Oil $ From Ocean
- Schools Only Have Tiny Mineral Rights Royalty
- .20 Cents Per Barrel of Oil Extracted Under School
- No $ Use East of Strand
- No Police or Fire $
- No Road or Sewers $
- No New Building $
- No School $
- No Parks Money

The United States Supreme Court issued its landmark opinion on the nature of a state’s title to its tide and submerged lands nearly 110 years ago, and although courts have reviewed tidelands trust issues many times since then, the basic premise of the trust remains fundamentally unchanged. The Court said then that a state’s title to its tide and submerged lands is different from that to the lands it holds for sale. “It is a title held in trust for the people of the State that they may enjoy the navigation of the waters, carry on commerce over them, and have liberty of fishing” free from obstruction or interference from private parties. All uses, including those specifically authorized by the Legislature, must take into account the overarching principle of the public trust doctrine that trust lands belong to the public and are to be used to promote public rather than exclusively private purposes.

Oil and gas revenue is deposited into the Tidelands Fund because the source of the oil is in the tidelands area which the City holds in trust for the people of California. The Tidelands Fund may be used only for eligible expenditures that support and maintain the tidelands, such as improvements to tidelands property including dredging Lower Newport Bay, lifeguards, beach cleaning, etc. 

The productivity of the oil wells continues to decline due to the age of the wells. New oil extraction techniques are required if the City continues to use the wells. The new techniques may include: reconditioning of existing oil wells, converting existing oil wells to water injection wells, drilling new water injection wells or drilling new oil wells. The City Charter restricted the redrilling of wells until January of 2011.

This is how we raise money for Hermosa Beach Schools through the Ed Foundation.

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

More Questions That Need Answers

Continued from Questions That Need Answers:

Below is an ongoing list of questions I am compiling from Hb residents on this issue.  Email me if you would like to add something.

8)  Many former City officials including former councilmen Sam Edgerton questioned in 2008 whether the city’s lawyers have ignored a line of attack that he believes could turn the legal tide back in Hermosa’s favor. Why was this never done and why are many of these officials furious of the current settlement? Why are current City Officials telling residents they will not take a position for or against oil drilling in the current settlement? Are they working for HB residents or their own interest? Read Easy Reader Article from 2008

9)  Do the deal leads Jenkins, Bobko & Divirgilo have any ‘skin in the game’? Do they have property value to protect or do they just simply rent temporarily in Hermopsa?  They have demonstrated that they are interested in higher levels of public service (above the City). Do they anticipate receiving future financial support from the Oil Companies to assist them in achieving their political ambitions? Kit Bobko, ran for Congress in 2011 to fill Jane Harman’s seat in a special election and finished in 7th place with 3.6% of the vote.  Michael Divirgilio was a Congressional Staffer for Rep. Jane Harman.  

10)  Why is Hermosa Beach spending money on a PR Firm,  Fiona Hutton & Associates  and how much is the city spending on this new endeavor? Don't we have elected officials on the City Council who do PR as a profession? Why aren't all Council members speaking for themselves, rather than just "going with the flow"? Why did the CIty hire a PR agency? What is their exact role? What is the cost of the PR agency? 

11) Why did you settle at $17.5 million & $3 million? What was the magic number and why?

12) Did you have a plan in place to pay the $17.5 million or 3 million? At what price did you have a plan in place to pay the settlement?

13) With the 6th street Yard being used for oil drilling it would be lost to the city for use.  What would the city do without this lot for city use?

14)  What is the City Yard lot worth? Could we sell it to help cover the 17.5 million?

15) What is it going to cost for extra emergency services personnel, equipment, and training? - Who is paying for it? Do we have to raise salaries for specific certifications of emergency services?

16) The tower is going to be over 135 feet tall. It is going to be in the line offsite of many residents. This devalues homes. Can the city be sued for the devaluation of their home?
The oil wells will cause issues with:
  • The beautiful views from homes
  • Air Quality (So much for the No Smoking signs along the strand) 
  • Noise pollution 
17) The 2008 Chatsworth train crash happened when the conductor was texting while managing the train. 25 people were killed, 135 were injured with 46 being critical! My friends mother was in this accident. She was seriously injured. There is a cap on the amount of payout for the lawsuit at $200 million. She cannot even get her medical bills paid. With that said you are saying we would have had to pay $750 million no matter what while a train wreck that killed 25 people and injured 135 others cannot get more than 200 million!

18) What happens if there is an oil leak in the bay?  Is the City of Hermosa Beach on the hook for anything? How would this devalue not only Hermosa Beach homes but all of the homes in the bay?  Could there be a civil suit?

19) There is talk of "revenue share" from the oil wells.  Can we not pay the money and have the money go towards the $3 million first then take the revenue sharing?  What are the projections of the revenue sharing?  This should have been done long before any settlement happened! The biggest question is what can the money legally be able to be used for! There have been many statements that the money cannot actually go towards the school systems. This is something your lawyers should have advised you of before any settlement happened. The lawsuit has been going on long enough someone should have known and or have an answer.

20) Who is auditing the revenue coming in from the oil?  Do we now have to pay people to manage this and at what cost?

21) What happens if there is a disaster and or someone is killed?  Is the contract null and void immediately?

22) How safe is this type of oil drilling in case of an earthquake or tsunami? At what size of earthquake or tsunami do we run into an additional disaster?

23) The homes they drill under do they get revenue from the drilling and who has mineral rights? What happens if their foundation and or other issues appear in years to come from the earth under them moving?

24) Is the oil company using funds to get the votes to drill in Hermosa? If so did you know they would put money into the City of Hermosa to promote oil drilling?  What businesses in the city stand to benefit from oil drilling?

25) Kit Bobko and Michael Divirgilio are not home owners in Hermosa Beach. You do not directly pay taxes for the homes in Hermosa Beach. If you owned a home nest to 6th street before the settlement how would you feel? Would you sell your home? Why haven't you bought a home in Hermosa Beach?

26) If we vote no to the oil drilling your letter states: "$17.5 million equates to a liability of $2,500 per parcel." Are you going to bill the citizens this amount if the drilling is not approved? What if I moved into the area after the lawsuit and was not notified about the lawsuit? Do I still have to pay? The bigger question is as renters are YOU personally going to pay $2500 towards the liability you have committed to the citizens of Hermosa Beach?

27) What are the solutions to pay $17.5 million? How much money do we have in the bank? What assets does Hermosa Beach own? Can we get a bond from the state of California? What research have you done to figure out how to pay back any amount let alone the $17.5 million?

28) Now that you have settled the lawsuit what side are you on? I feel that you have drawn a line in the sand and now you should state whether you are for drilling or against drilling. This is only fair to the citizens of the city. What are the pro's and con's from each of your perspectives?

29) How late can drilling take place? Is it 24/7/365? How noisy is it? I can hear the Redondo Power Plant at 4am release steam that practically shakes my windows. Will we have any noise at all and if so how loud and at what times?

Email me if you would like to add or change something to this list. 

Settlement Agreement Comments



Below is a draft of our settlement agreement comments we are compiling from residents.  We welcome your comments so please email us with your comment structured similar to below.  If you want to read the full 45 page agreement you can download it on the HermosaBCH.org or at Google Docs.

Recitals, Page 1, A
Macpherson also obtained all of the necessary Permits to Construct for the Oil Project from the South Coast Air Quality Management District In November 1995 the residents of the City passed City Measure E an initiative measure that banned oil drilling in the City. 
Comment- South Coast Air Quality Permit ran out or cancelled March 30, 2000. 

Recitals, Page 1, A
In early 1998 and notwithstanding the passage of Measure E the California Coastal Commission authorized issuance of Coastal Development Permit No 29E86 to Macpherson far the Oil Project subject to conditions
Comment - Coastal Developmental Permit No. 29E86 never issued. 

Recitals, Page 2, D
Substantial revenue stream to be generated for City and the Hermosa Beach School District as a result of the payment to City and School District of royalties in association with the production of oil and gas reserves by E&B
Comment - How can School benefit from tidelands trust?

Definitions, Page 3, 2.10
School Lease means the lease between Macpherson and the Hermosa Beach School District
Comment - No lease on School property found. Where is this?

The Closing, Page 4, 3.2
Confidentiality Agreement previously signed on behalf of each of the Parties on February 17 2012
Comment -  Where is a copy of this?

Macpherson's Obligations At Closing: Page 5, 4.1 
1031 exchange as provided in Article X hereof all of Macpherson the School Lease and any other leases releases set forth in paragraph VI
Comments - Like-kind exchange, what's Macpherson doing here?  What other leases are involved in this agreement?

E&B's Obligations At Closing: Page 5, 4.3a 
Said assignment reserves to Macpherson from E B and its successors and assigns an overriding royalty of 1.5% of one hundred 100% of gross hydrocarbon production but otherwise
Comment - Macpherson keeps part of this going here.

E&B's Obligations At Closing: Page 6, 4.3c 
constitutes the E&B Loan of $17,500,000
Comment - Note this loan and how it's to be repaid by the city.

E&B's Obligations At Closing: Page 6, 4.4b 
Upon issuance of the drilling permit or in the event the City cannot issue the drilling permit as the sole result of action or inaction undertaken by and under the control of E&B (including without limitation) the failure of the California Coast Commission to issue a coast development permit. immediately
thereafter forgive $14,000,000 of the E&B Loan
Comment - Failure to meet conditions and most of loan is forgiven?  Where does the fact we are giving E&B a $15M property factor into the cost?  Total costs is more like $18.5M and more cheaper to vote no. 

City's Obligations Following Closing: Page 7, 4.6a 
Place on the ballot at a special municipal election in a manner that comports with all applicable law within six 6 months of a request to do so by E&B
Comment - Within 6 months call election!!!! "....notwithstanding inconsistent change in City's Municipal Code." ????

City's Obligations Following Closing: Page 7, 4.6b 
Vacate and make the City maintenance yard available for the construction of the Project as when and in the manner and subject to the conditions provided for in the Lease and repay Three Million Five Hundred Thousand Dollars of the E&B Loan through a deduction of royalties equal to 1.5% of gross proceeds. 
Comment - Vacate and make the City maintenance yard available? And where in the world is the city going to put it. Steve Burrell could never find another location for it, here or in Redondo Beach. Let's get real. this is an important issue.  This property is worth $15M and we are paying them $3M on top?  Total deal looks like $18.5M to vote yes.  

City's Obligations Following Closing: Page 8, 4.6d 
Grant as reasonably required by E&B all necessary rights of way 
easements franchises and other rights as necessary for subsurface pipelines < and other facilities and appurtenances in order for E&B to drill for produce market transport and sell all oil and gas produced from the subject lease 
Comment - Whoa Ho! Check out this demand. Dig up the streets or the greenbelt? And where will it terminate in Redondo Beach or AES?


City's Obligations Following Closing: Page 9, 5.4 
The parties recognize that Macpherson is materially changing its legal position and rights and property holdings in reliance upon the final and binding effect of this Agreement and any rescission of this Agreement would be a wholly inadequate remedy for Macpherson because rescission cannot possibly return to Macpherson the legal position and rights it held prior to the consummation of this Agreement
Comment - We need an attorney to explain this paragraph. It's legalese is convoluted.

Mutual Releases: Page 9, 6.1 
Effective upon the successful completion of the Closing in accordance with the conditions described in paragraph 3
Comment - What are these conditions in 3.3 

Mutual Releases: Page 10, 6.1 
the City hereby fully and finally waives releases and  permanently discharges Macpherson and its respective partners officers employees agents representatives and attorneys the Releases from any claims arising under the Lease any continuation extension amendment restatement or replacement of the Lease
Comment - Whoa Ho! What's this? What about compensation due the city for the past  Environmental reports, attorneys fees due the city, etc?

Mutual Releases: Page 10, 6.4 
Except as may be provided in this Agreement each of the Parties waives any and all claims for the recovery of any costs expenses or fees including attorney fees associated with the matters and claims released in this Agreement
Comment - Attorneys fees from earlier court cases? Have they been paid?

Defense of Litigation:  Page 11, VII
In the event that one or more lawsuits are filed challenging this Agreement and/or the actions implementing or contemplated by this Agreement the Parties to the extent named as parties defendant in the lawsuit will cooperate in good faith in the defense of the litigation and shall initially bear their respective attorneys fees and costs With the exception of a lawsuit challenging the approval of this Agreement itself should the Ballot Measure described in paragraph 46a pass E&B shall indemnify the City for all attorneys fees and costs incurred by City in the defense of litigation encompassed by this paragraph and also for any attorney fees and costs awarded to a plaintiff against City if any in such litigation
Comment - Does this mean the city can collect attorney fees if sued for this agreement?

Representations & Warranties:  Page 11, 8.1c
They acknowledge that the Stinnett Well has been plugged and abandoned and agree that Csity inability to convey the Stinnett Well to E B shall not constitute a breach of this Agreement or the Lease. 
Comment - Dave Lucero, what was the result of your looking into this well on the City's Yard?

Representations &Warranties:  Page 12, 8.2c

The force majeure provisions in paragraph 30 of the Lease apply and have applied during the pendency of the Action and the CUP remains valid. 
Comment - CUP is for a "Conditional" Use Permit. The  Use Permit itself was never issued, or was it? Wasn't the Fire Code in doubt?  In the CUP it states, "All CUP required studies and reports must be submitted to the City and approved before permit issuance."


Representations &Warranties By All Parties  Page 12, 8.3a
The Parties have received all corporate and other approvals necessary to enter into this Agreement on their behalf and that the persons signing this Agreement on their behalf are fully authorized to commit and bind the Parties to each and all of the commitments terms and conditions hereof and to release the claims described herein and that all documents and instruments relating thereto are or upon execution and delivery will be valid and binding obligations enforceable
Comment - Not so! The California Coastal Commission issued "approval with a long list of conditions" but never issued a "Permit" for Macpherson to drill in Hermosa Beach. So how does this affect this Settlement Agreement? Is Macpherson claiming to have abided by all the requirements of 15 b. of Lease No. 2 (it has with the City), i.e. "The Lessee shall also apply for and obtain all necessary permits from the City of Hermosa Beach...The Lessee shall also be responsible, at its sole expense, for alI necessary permits and approvals to be obtained from the California Coastal Commission...."
Representations &Warranties By All Parties  Page 12, 8.3d
The Parties have prior to the execution of this Agreement obtained the advice of independent legal counsel of their own selection regarding the substance of this Agreement and the claims released herein
Comment - Was the advice "independent"?
Representations &Warranties By All Parties  Page 13, 9.2
This Agreement and the Confidentiality Agreement discussed in Paragraphs 32 and 3 are an integrated contract and sets forth the entire agreement between the Parties hereto with respect to the subject matter contained herein 
Comment - If the Confidentiality Agreement is part of this, please, let's have a look at it.

Representations &Warranties By All Parties  Page 13, 9.5
This Agreement shall be binding upon and inure to the benefit of each of the Parties and their respective representatives partners officers employees agents heirs devisees successors and assigns
Comment - How about to the benefit of the people of Hermosa Beach?

(stay tuned more to come)

Tuesday, March 6, 2012

$1B+ Destruction of Real Estate Wealth


This picture above precisely why homes are so much cheaper in Huntington Beach, CA.  A $1,000,000 home in Hermosa Beach would likely be 25% less if it were based in Huntington Beach.  Most speculate its because of the widespread drilling amongst the homes.  Do you want our in Hermosa Beach to drop by 25%?  

The 1.3 acre City Yard lot was worth an estimated $57,000 back in 1958 according to old news articles.  At this time oil was trading at $2 per barrel.  This was when the last Shell oil drilling vote was being contested by long timer Hermosa resident and hero Barbara Guild.   What is this City Yard lot worth now? 

Most speculate it might be worth as much as $10M for commercial zoning and possibly as high as $15M if it was rezoned for residential?  That is 175X the value.  Oil is now $100 per barrel only 20X more.  So you have to ask yourself the question which is more valuable today? Real estate or oil?   Are we just giving E&B Oil a $15M piece of property for nothing?  Its not factored into the proposed cost of voting for Yes oil drilling. 

There are 7,000 parcels in Hermosa Beach. Every 1% decrease or increase in home prices in Hermosa represents a $57M increase or decrease in aggregate wealth. A 15% drop would flush $1B of wealth and and huge property tax base down the drain.  The is assuming median home prices are $820,000. This oil drilling deal gambles with $5.7 billion in aggregate real estate wealth based on 7,000 parcels.  This is a zero sum game if you if you factor in the amount of property taxes that will be lost as a result with a 15% drop in real estate values.  You could also make the argument that real estate in Hermosa has been suppressed because of the ongoing oil and bankruptcy issue.  Pay of the $17.5M and real estate may rise by $1 billion in the area and increase the property tax base.

The City "might" make $1M in estimated revenue if they are lucky for a 4% increase on a budget of $25M annual budget? .20 cents per barrel for the schools is going to amount to nothing. Plus they can't spend the money because of the Tidal Lands act which restricts usage of the funds generated from oil.

Property values have risen up 2X since the deal was struck with Macpherson in the 1990's.  Median home prices were around $400,000.  Property values are up a 100X+ since the 1950's when the last oil crises was upon us with Shell.  

Reasons Why E&B Oil is a Bad Deal



Based on my discussion I think the deal the Hermosa Beach City Council struck is a bad one for several reasons. The only good news is we have an actual $ settlement number and its not going to bankrupt the city. Here are my top 10 talking points to be used with anyone you know.

  1. No public forum was held.  Only 1 company (E&B) bid on the deal behind closed doors. 
  2. The oil site will be within 100 feet of homes and businesses.  California recommends a 300 foot  setback and Colorado law requires 350 feet setback.  
  3. $1B destruction of real estate values for a new police station or new storm drains on the beach? 
  4. Santa Monica Bay is a no-drill sanctuary (Hermosa drilling map). 
  5. State Lands Commission Staff recommended against this Oil Drilling project because it expected poor results.
  6. Hb cannot use any of the money shared "net revenue" NOT gross for anything that is not on the beach or greenbelt.  See Tidelands Act
  7. City Council “settlement” is a collective punishment for citizens daring to reject their plans for siting an industrial project next to homes. 
  8. Schools won’t benefit much if at all from drilling.  The .20 cents per barrel for the school system was a horrible deal struck in 1990's. Oil was trading at $20 per barrel in 1990's and now at $110 per barrel.
  9. Experts claim only 2M-9M barrels are possible at this location at best.  That is only $400,000 to $1.8M for schools at .20 cents per barrel over the lifetime of the project.  Over a 20 year period that is nothing per year for the schools, maybe $20K to $40K per year. Can't even hire one person for that $.
  10. Once E&B is entrenched in Hermosa Beach, say good-bye to local control. E&B will call the shots, influence local elections, etc. Hermosa Beach will be forced to jump when E&B says ‘jump’.
  11. Oil seeping from the ocean naturally will undoubtedly be disturbed by the slant drill. Do you want more oil washing up on the beach similar to Santa Barbara and Huntington Beach? 
  12. HB can pay off E&B Oil company and it will not bankrupt the city.
    1. Sell the city storage property next to the fire station for $7.5M 
    2. Get a $10M "Judgement Bond" from the State of California at 3% and service loan which will cost the city $300,000 per year. (not much in the grand scheme of things). 
  13. Do you want to see a 75 foot drilling tower as you look out over the ocean. (See pic)
  14. Drilling on this lot will destroy a perfectly fine $5M lot.  
  15. Drilling is noisy and you want to smell fumes of oil downwind everyday? 
  16. The oil tar sands used "if found" would be low grade oil and only used for ships and heavily machinery. It takes more energy to refine the crap than regular oil. 
  17. Lethal gases and possible explosions?  
  18. Additional ground settling and possible earthquakes
  19. Not a green Hermosa sustainability initiative if that is what the city wants. 
  20. Its low grade oil, used by crappy machinery and will have an unknown impact on the sea and surrounding environment. 
Please share this with you friends and neighbors who might be helpful spreading the world that the oil settlement should be a no vote. It may not be on the ballot for a long time but it is never too early to start campaigning against something this stupid. Please let me know if you have any thoughts or concerns. If you have any neighbors that should be on the list please copy them and lets start building the campaign now.
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