TITLE
Recommendation to receive supporting documentation into the record and conduct a public hearing on the appeal filed by Earthjustice on behalf of Communities for a Better Environment, the Natural Resources Defense Council and the Sierra Club (Appellants), in accordance with Long Beach Municipal Code Section 21.21.507; and adopt resolution denying the appeal and upholding the Board of Harbor Commissioners' environmental determinations made in accordance with the California Environmental Quality Act (CEQA) for the Metropolitan Stevedore Company Operating Agreement for the Pier G dry bulk facility in the Port of Long Beach and for the Oxbow Energy Solutions LLC Lease of the Pier G Coal Shed (Coal Shed).
DISCUSSION
The Board of Harbor Commissioners found that the approval of the two subject agreements for the use and operation of existing Port dry bulk facilities was exempt from CEQA under two Categorical Exemptions designated under CEQA relating to the use and repair of existing public facilities. In addition, the Board found that because the Coal Shed had been studied in a 1992 Negative Declaration, CEQA did not require any further review since no changes are being proposed to the Coal Shed and none of the other circumstances that would trigger a subsequent CEQA review are present.
As set forth below and in the attached documents, the Port believes that the Commission's determinations are correct under CEQA. However, it will be up to the Council to consider the appeal and determine whether the Commission has complied with CEQA.
If the Council determines that the approval of the agreements is exempt from CEQA, it must reject the appeal. Additionally, if it determines on the basis of the prior CEQA review that no further review is required under CEQA, it must reject the appeal.
Alternatively, if the Council finds that the Commission did not comply with CEQA, then it must uphold the appeal and direct the Commission to set aside the approval of the agreem...
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