Whittier was REQUIRED to get the County's Consent prior

to entering into the Lease.  They also needed the County to

release the Land from Open Space Status.  They never did.

See E-Mail below



City is asking the County for consent to enter into the Lease. The City

never got it.  First paragraph of this document.


From:              Steve Helvey

Sent:               Thursday. August 07.2008 10:31 AM

To:                   L.A. County (Names were redacted)

FW:                 From Jim Day-Long Form Lease and Resolution of Intention

Subject:          REDLINE-Long Fomn Oil. Gas and Mineral Lease (00906622).DOC; REDLINE-Resoutton of Intention to Lease (00906620).

Attachments:  DOC; REDLINE-Alternate Resolution of Intention to Lease

                        (00906621 ).DOC



**Here are the latest documents, I'd appreciate It If you and (redacted name)would look at section 6.1 to see if that meets your needs so that we can get your consent to enter into the lease.


Getting back to our last discussion about trading for the property, I have looked at the zoning and General Plan designation for the property we own in the hills. Your concerns at out not trading Open Space* property to the Prop A District for the surface use under the lease (7 Acres) may not turn out to be a problem. One of the larger parcels that we own is APN # 8137-021-902 and is zoned as R-1-1 (single family with minimum 1 acre lot size) and has a General Plan Designation as 'Park'. While we have an administrative agreement with the Habitat Authority to manage it for us, it isn't actually 'Open Space',


Are you two having any luck in finding other examples of similar transactions that might provide some guidance to us on our transaction? Would there be any value In me trying to get Bob Henderson, the two of us, and Russ G. in a room to try to craft a transaction at this point In time?


I'm still trying to get you the appraisal instructions on the two properties. While I have the documents that set the value the appraisal was actually ordered by the Trust for Public Lands and we're having a hard time getting our hands on their initial request to the appraiser. If we can't find it would Christina just draft the instructions that you want to use this time so that we can go ahead and hire an appraiser to evaluate the portion of the Chevron property we would be using? Also, if your comfortable In the trade scenario we could also ask the same firm to appraise our property (8137-021-902) at the same time so that there aren't any timing differences to deal with In the two values.


Any idea on the timing for us to receive the Districts consent to the lease?




Section 6.1 from Original Lease agreement.  City was always required to get the County's permission for the lease and the County had to release the land from Open Space Status prior to commencing any work on the oil project.


 **6.1. No Surface Entry Unless and Until Conditional Use Permit Obtained and CEQA Complied With.


(iv) no Conditional Use Permit will be issued by the City of Whittier until Lesser has obtained a release from protected area status of that portion of the Leased Land upon which surface operations are allowed under an issued Conditional Use Permit from the Los Angeles County Proposition A District.