Long Beach, CA
File #: 18-0260    Version: 1 Name: Harbor Pier B On-Dock Rail Support
Type: Resolution Status: Adopted
File created: 3/12/2018 In control: City Council
On agenda: 3/20/2018 Final action: 3/20/2018
Title: Recommendation to request City Council to: (1) receive supporting documentation into the record and conduct a public hearing on two appeals of the Board of Harbor Commissioners' certification of the Final Environmental Impact Report (EIR) for the Pier B On-Dock Rail Support Facility Project filed pursuant to Long Beach Municipal Code Section 21.21.507 by Phillips Steel Company and Superior Electrical Advertising; and (2) adopt resolution denying the appeals and upholding the Board of Harbor Commissioners' certification of the Final EIR for the Project.
Sponsors: Harbor
Attachments: 1. 032018-H-3sr.pdf, 2. 032018-H-3Attachment 1_Resolution City Council_Pier B EIR.pdf, 3. 032018-H-3Attachment 2 _Harbor Department Staff Report to BHC_Pier B_January 22 2018.pdf, 4. 032018-H-3Attachment 3_Pier B Resolution_HD-2906.pdf, 5. 032018-H-3Attachment 4_Staff Presentation_BHC_Pier B EIR_January 22 2018.pdf, 6. 032018-H-3Attachment 5_Transcript of Jan 22 2018 Public Hearing_Pier B EIR.pdf, 7. 032018-H-3Attachment 6_Appeal of Phillips Steel Company.pdf, 8. 032018-H-3Attachment 7_Detailed Response Phillips Steel_Pier B EIR Appeal.pdf, 9. 032018-H-3Attachment 8_Appeal of Superior Electrical Advertising.pdf, 10. 032018-H-3Attachment 9_Detailed Response Superior_Pier B Appeal_FINAL.pdf, 11. 032018-H-3Attachment 10_Environmental Impact Report.pdf, 12. 032018-H-3 Corresp.Lowenthal.pdf, 13. 032018-H-3 Corresp. SA Recycling.pdf, 14. 032018-H-3 Appellant-Superior Electrical PowerPoint.pdf, 15. 032018-H-3 Public Correspondence.pdf, 16. RES-18-0040.pdf
TITLE
Recommendation to request City Council to: (1) receive supporting documentation into the record and conduct a public hearing on two appeals of the Board of Harbor Commissioners' certification of the Final Environmental Impact Report (EIR) for the Pier B On-Dock Rail Support Facility Project filed pursuant to Long Beach Municipal Code Section 21.21.507 by Phillips Steel Company and Superior Electrical Advertising; and (2) adopt resolution denying the appeals and upholding the Board of Harbor Commissioners' certification of the Final EIR for the Project.
DISCUSSION
As set forth below and in the attached documents, the Harbor Department believes that the Board of Harbor Commissioners (Commissioners) fully complied with the California Environmental Quality Act (CEQA) when it certified the Final Environmental Impact Report (Final EIR) for the Pier B On-Dock Rail Support Facility Project (Project). However, it will be up to the City Council to consider the appeals and determine whether the certification of the Final EIR was proper and in accordance with CEQA.

If the City Council determines that the Harbor Commission's certification of the Final EIR complies with CEQA, it must reject the appeals (see Attachment 1 for proposed resolution). Alternatively, if the City Council finds that the Harbor Commission's certification of the Final EIR did not comply with CEQA, then it must uphold the appeals and direct the Harbor Commission to set aside the Project approval and conduct appropriate CEQA analysis before reconsidering the Project.

A. The Board of Harbor Commissioners' Action Being Appealed.

On January 22, 2018, the Harbor Commission voted unanimously to adopt Resolution HD-2906 (Attachment 3), wherein it certified the Final EIR as fully compliant with CEQA. The Harbor Commission took that action at the conclusion of a lengthy public hearing during which the Harbor Department staff and the Port's air quality expert gave extensive presentations on the Projec...

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