Showing posts with label Tom Bakaly. Show all posts
Showing posts with label Tom Bakaly. Show all posts

Monday, August 19, 2013

Hermosa Beach Mayor Kit Bobko Offers No Apology & Smart-Ass Response


Bobko Offers No Apology & Smart-Ass Response To His Disruptive Behavior

George Schmeltzer Addresses Bobko Undermining Colleagues & City Manager

Kit Bobko Reprimand By City Council Colleagues For Destructive Behavior 

Kit Bobko Offers Censure Amendment "I Not Believe in the Easter Bunny"

Tuesday, June 25, 2013

Hermosa Beach City Council Must Agendize Their "Oil Neutrality" Closed Session Agreement To Avoid Brown Act Violations

See Howard Longacre's letter to the City Council received and filed on the June 24 meeting.

Thursday, May 30, 2013

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.  

Tuesday, May 28, 2013

Is The City of Hermosa Beach Hiding Oil Related Expenses?


(Please excuse my typos below)

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

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

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

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

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

The people were essentially told by the Council that the oil litigation was over and that their only costs going forward would be one of the following:  
  • If the electorate approved oil drilling at an election then the City's obligation to E&B would be $3.5M, plus the City's own costs ongoing attorney and staff time indefinitely, plus essentially the giving over to E&B for their use of a parcel of City Yard land presently worth $11M or more In other words an approximate total city burden of $14.5M plus city expenditures of perhaps $500,000 indefinitely.  
  • However, if the electorate maintains the ban on oil drilling they'd simply owe E&B $17.5M and that amount could be paid over a period of years, ie. 30 years at "mutually agreed terms". 
All need to be reminded that the settlement agreement requires an extremely valuable 1.3 acre city parcel, with a present value of $11M or more if properly zoned, to be handed over gratis to E&B, along with $3.5M cash, if the voters approve lifting the ban on oil drilling.  

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

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

See Item 4 Brown Act

Wednesday, May 15, 2013

A Cry For Help From More Hermosa Beach Residents

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










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

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


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

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

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

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

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

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

HERMOSA BEACH, CA - Hermosa Beach City Manager Tom Bakaly issued the following statement in response to a request from Los Angeles County for a permit for work at the city’s maintenance yard that is part of the environmental study of the oil production project proposed by E&B Natural Resources Management Corp. (E&B). 
“The work at the city’s maintenance yard involved shallow borings into the soil to obtain groundwater samples as part of the information-gathering process for the environmental review of the oil production project proposed by E&B. This is a relatively routine sampling operation for a project of this type, and it required just one day of work and little disruption of the site. While the city staff investigated the need for a state permit for the water sampling process, it was unaware that a Los Angeles County permit was needed for such work. 
“We apologize for any confusion this environmental data-gathering process might have caused. The city remains committed to providing residents and voters with thorough information about the proposed oil production project and will strive to communicate more fully in the future. As part of the ongoing communication, the City Council will receive an update at its meeting on May 28 about Hermosa Beach’s General Plan, its Community Dialogue and the environmental review process for the proposed oil production project. We invite all the city’s residents to become involved in these processes to help determine the future of Hermosa Beach.”
As is often the case after a Project Application is deemed complete, the city had asked E&B for additional information for the Remedial Action Plan (RAP) submitted as part of E&B’s Project Application. A contractor for E&B conducted shallow borings in the soil at the maintenance yard to obtain groundwater samples to address soil contamination known to exist on the site because of its historic use as a landfill. This sampling process did not constitute “testing” or sampling for oil at the site: It only sought information about groundwater and is much different from oil drilling. 
The information from this sampling will help the city gain more information about the groundwater conditions underlying the site and to better evaluate the effectiveness and appropriateness of the proposed RAP. Groundwater information also is essential for an accurate description of baseline environmental conditions in the Environmental Impact Report (EIR) the city will be preparing to examine all environmental impacts of the proposed project.
The city had a license agreement with E&B that gave the company and its contractors access to the maintenance yard to obtain the samples. The work was completed on May 7. Before the work began, the city had asked and determined that no state permit was required. After the work was completed, the city became aware that the Los Angeles County Public Health Department’s Bureau of Environmental Protection required a permit and that the permit should have been obtained by the geotechnical contracting company hired by E&B. 
The city notified E&B of its responsibility to obtain the permit. E&B’s contractor has now filed for the appropriate permit with Los Angeles County.
Related Articles:
Hermosa Beach Residents Catch E&B Drilling Without a County Permit
Hermosa Beach Patch "City Cited For Lack of Drilling Permit

Monday, May 13, 2013

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


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.  

Thursday, May 9, 2013

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)




Why Did Hermosa Beach "Neighborhood Watch" Postpone Their E&B Oil Information Meeting?

Hermosa Beach Neighborhood Watch Postpones E&B Informational Meeting

A neighborhood watch meeting during which three E&B Natural Resources executives were going to present information on the company's proposed oil production project in Hermosa Beach has been postponed, according to Tracy Hopkins, Hermosa Beach resident and volunteer neighborhood watch founder.  Tracy is the co-founder and co-coordinator of the Hermosa Beach Neighborhood Watch Saferhermosabeach.com.  Safer Hermosa has a large following on Twitter at @SaferHermosa.

Ironically, Tracy was also featured on this The South Bay Show "Preparing for Disaster." The web site Safer Hermosa focuses on crime prevention and disaster preparedness.  Tracy also appears to be in the business of selling disaster preparedness kits and training programs.  She said on this show that Neighborhood Watch was inspired by watching the Katrina disaster in 2005.

HBNW receives $5,000 in funding from the city, said Tom Bakaly, city manager, adding that the $5,000 is used for National Night Out, an annual event that cities nationwide participate in in August.  Tom said the city was "kind of staying out of" the meeting and any controversy surrounding it. "This is their [neighborhood watch's] information setting," he said. "It's an informational meeting."

It does not take a genius to realize that most of the communities that have oil and gas drilling have much higher crime rates.  Go to DrillingMaps.com and you can make the obvious correlation yourself.  If oil drilling is permitted it will undoubtedly change the demographics of South Hermosa even further.  Renters will go up and so will crime rates.   

Wednesday, April 24, 2013

Why Hermosa Beach Desparately Needs a Town Hall Meeting

Stacey Armato "I Don't Need an EIR to Know the Risks of Oil Drilling"
Apparently on  May 14 a Community Dialogue Facilitator Will Been Hired?

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


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

Wednesday, April 10, 2013

Hany Fangary Ask For Public Meetings & Hermosa Beach City Council Needs to Get Involved



Hany Fangary suggests that the City Council get involved with the scoping, approach, election, timeline and RFP's for the proposed oil drilling project.  It has been over one year since the settlement was signed and there hasn't been any meaningful public discussion.  RFP's should be held as a public meeting.  

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.


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