Long Beach, CA
File #: 06-0427    Version: Name: CITY ATTORNEY - ORD Establish procedure pursuant to Section 21151(c) of the California Public Resources Code for Appeals
Type: Ordinance Status: Adopted
File created: 5/11/2006 In control: City Council
On agenda: 5/23/2006 Final action: 5/23/2006
Title: Recommendation to declare ordinance to establish procedure pursuant to Section 21151(c) of the California Public Resources Code for Appeals to the City Council from Environmental Determinations by the Board of Harbor Commissioners, read and adopted as read.
Sponsors: City Attorney
Attachments: 1. ORD-23sr, 2. ORD-23att, 3. ORD-44att, 4. ORD-06-0020
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
5/23/20062 City Council approve recommendation and adoptPass Action details Meeting details Not available
5/16/20061 City Council declare ordinance read the first time and laid over to the next regular meeting of the City Council for final readingPass Action details Meeting details Not available
TITLE
Recommendation to declare ordinance to establish procedure pursuant to Section 21151(c) of the California Public Resources Code for Appeals to the City Council from Environmental Determinations by the Board of Harbor Commissioners, read and adopted as read.
 
DISCUSSION
In 2002 , the California Environmental Quality Act (CEQA) was amended to provide that when an appointed city commission makes a CEQA determination , that determination may be appealed to the city s elected city council. The statute and regulations do not establish a procedure for these
appeals but permit each city to establish its own procedure.
 
In August 2004 , the Harbor Commission certified the Environmental Impact Report for Pier J South Terminal Development. This determination was appealed to the City Council. This office and the appellants had extensive discussions about the appropriate procedure for the appeal and the absence of a prescribed procedure created some uncertainty.
 
The attached ordinance sets down the procedure that was ultimately followed in the Pier J South appeal and clarifies related issues. recommend that the Council adopt the ordinance to provide guidance to the parties in any future appeals.
 
SUGGESTED ACTION
Approve recommendation.
 
 
Respectfully Submitted,
 
 
Respectfully submitted,
 
 
ROBERT E. SHANNON, City Attorney
 
 
 
 
 
 
 
 
 
 
 
By:
                                                                
 
 
NAME
 
 
TITLE
INITIALS
 
 
 
 
BODY
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LONG BEACH TO ESTABLISH A PROCEDURE PURSUANT TO SECTION 21151 (C) OF THE CALIFORNIA PUBLIC RESOURCES CODE FOR APPEALS TO THE CITY COUNCIL FROM ENVIRONMENTAL DETERMINATIONS BY THE BOARD OF HARBOR COMMISSIONERS