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Committee moves to rescind local oil-and‑gas ordinance after court rulings and state law change

3295531 · May 14, 2025
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Summary

City attorneys told a City Council committee the local ban on new oil-and‑gas extraction must be rescinded to comply with a court order and a recent state law; the committee voted to proceed and directed staff to prepare revised ordinance language for future action.

The committee voted to rescind the city's ordinance that had prohibited new oil‑and‑gas extraction in the city, after city attorneys said a court ruling and a recent state law removed the city's legal basis for that ordinance.

Jennifer Talkon of the city attorney's office summarized the legal history: the council adopted an ordinance (referenced in the presentation by its number, 17709) that rendered new extraction uses unlawful. That ordinance then faced multiple lawsuits; the transcript records active litigation and a superior‑court ruling in favor of the city in September of the prior year. Afterward, the governor signed state legislation — identified in the presentation as AB 3233 — that affected the city's legal arguments and prompted the parties to enter a stipulated judgment. Talkon told the committee the city must comply with the court order and therefore should rescind the ordinance. She said the department of planning is preparing a replacement ordinance under the new state framework.

A committee member thanked planning staff and the city attorney for the work done under difficult legal and timing constraints. The committee chair opened the vote; members voted in favor of the recommendation to rescind the ordinance and asked staff to prepare a new ordinance consistent with AB 3233.

The transcript records committee members voting in favor; the motion carried and staff will draft a replacement ordinance for future consideration.