Recommendation to request that the City Council: (1) receive supporting documentation into the record and conduct a public hearing on two appeals of the Board of Harbor Commissioners' adoption of the Final Initial Study/Negative Declaration (IS/ND) for the World Oil Tank Installation Project (Project) filed pursuant to Long Beach Municipal Code Section 21.21.507 by Safe Fuel and Energy Resources California (SAFER CA) and Long Beach residents Nicholas Garcia, Sopha Sum, and Sophall Sum, and Earthjustice, Coalition for Clean Air, East Yard Communities for Environmental Justice, Communities for a Better Environment, Center for Biological Diversity, and Sierra Club - Angeles Chapter (collectively, "The Coalition"); and (2) adopt resolution denying the appeals and upholding the Board of Harbor Commissioners' adoption of the Final IS/ND for the Project.
Sir. That concludes public comment. So we're we're going to move on now to our hearing. We were going to have a presentation that's been canceled, I think partly for pandemic reasons. But we are going to move right into hearing item 26. Madam Clerk. At 26 is report from Harbor Recommendation to receive supporting documentation into the record and conduct a public hearing on two appeals of the Board of Harbor Commissioners. Adoption of the final initial study. Negative Declaration for the World Oil Tank Installation Project Fire by Save for California and the Coalition and Adobe Resolution Denying the appeals and upholding the Board of Harbor Commissioners adoption of the final I guess anti for the project this items requiring an oath. Please stand for those of you who are going to testify on them. You and each of you do solemnly state that the testimony you may give in the court now and pending before this body shall be the truth, the whole truth, and nothing but the truth, so help you God. You may be seated. Thank you. As we as we begin, we do have a a motion that's going to be made here by the of Councilmember Ranga. And so, Councilman, did you want to move. Make them put in the motion that. That you're going to. To begin as we begin the hearing. Yes. Good evening, everyone. Thank you for being here. I want to first say that, as you know, we're in the middle of a COVID 19 surge due to all my current variant and various other COVID 19 positive numbers of hospitalizations. And people are getting sick even tonight. We have instituted different protocols for public participation and have limited entry to the Council chambers for public comment. Am also sure that this COVID 19 surge has also kept folks from wanting to show up and participate this evening. In the interest of fairness and to hopefully have our city in a better place with our COVID 19 positivity numbers, I would like to make a motion to continue this hearing to the next regularly scheduled City Council meeting on January 18th, 2020, and I hope to get your support. There is a motion and a second to essentially continue this item to January the 24th, I think. Is that is that right? 18th, I'm sorry, to January 18th, that is the motion on the floor. There is a motion by Councilmember Urania and a second by Councilwoman Price. Councilman Price. To have anything to add to that? No, I support that motion and I think there are a number of issues that need to be addressed on this particular appeal that I'm hoping the parties will have an opportunity to talk through before the 18th. So thank you. Thank you. Mr. City Attorney, do anything to add to that? No, no. We would continue. It to the next available date, and that is the 18th. Okay. Thank you. Before we take a vote on the continuation, actually, Councilman Mongo. Thank you. Because it is a hearing. Are we not able to ask questions to help resolve those issues now? If it's not illegal. I mean, it is. It is. The motion is now at the it can be made now it can be made after the presentation by both parties. It could be made at any point during the hearing to continue it. Yeah, but generally speaking, you would decide to continue it now or let both parties present. But let me let me just add to I want to make sure that we do have a motion on the floor. So the motion on the floor is to continue. So that's unless there's a different motion, we need to vote on the motion on the floor and do public comment on that motion. Right. And I'd consider making a motion to support, but I don't know what my colleague's concerns are because I received a briefing and so I only know what I received in my briefing. And so I would be interested in knowing what my colleague's concerns are, because I think that that would help me considerably. But that's, I guess, where I was. Well, I think comes from hearing it did list his his reasons for. For the postponement. You made the motion. So I'm not sure if the council needs to restate those. I'm so sorry. Would you mind? I was in the restroom. I wasn't feeling well. Basically, as you see, we have an empty chamber. Oh, okay. There are people outside, which I feel that if we did not have this, COVID 19 would would be inside. Okay. And we'd have a good, solid hearing. Okay. That is not possible today. There are going to be some change protocols for the 18th that I think would provide a better opportunity for more participation from the public in this hearing. So that's basically putting it off two weeks and next week we have our state of the city. So the next regularly scheduled meeting will be on the 18th. And that's when I that's what I proposed. Oh, I apologize. When I was walking back in from the restroom, I thought there was a specific item that was an issue with the Declaration. I misunderstood. Thank you. Thank you for a clarification. So there is a motion in a second. Now, I know that people signed up for public comment for the hearing. Just to be clear, we can still take will still take public comment, but the public comment needs to be only on moving the item two weeks, not on the merits of the hearing, not on the merits of information as far as that relates to the hearing. So if there is public comment, it has to be only based on whether or not we are going to move the hearing to the 18th. Just to be clear and so, Madam Clerk, if there is public comment on that part of the hearing, please let me know and facilitate that. We do have some public comment. They're on the way. But I will make an announcement. It is to the the continuing of the hearing. Then make sure that anyone from the public knows what the actual public comment is. Thank you so much. Franklin Sen. Thank you. And before we get we a about it and I just want to make sure that our folks are folks are being letting folks are being told that they can only speak to the continuance, not to the merits of the hearing itself. Correct. We've told them. Everyone knows it. Okay, great. Excellent. Thank you. Please. I'm proud to say that Long Beach had a vision for the first the world's first green port. And we've got to live up to that name. The color green makes you think of words like refreshing, clean, open and honest. This isn't a tough call. It's a matter of right and wrong. Cancer causing emissions are going to increase in Long Beach because of this project. And because of that, there are to be a report that ought to be heard today. Okay. I need you to focus on whether or not the hearing should be today or not or two weeks from now. Please. Based on. Everyone who came to speak on this item is out in the hallway ready to talk now on the merits. We came here facing COVID 19 to delay our ability to speak for your State of the city. Address that already on the 11th that you requested is to further delay what needs to happen today. I respect Councilman Tauranga's call because in some ways it speaks to his embracement of a democratic process. But let's be honest. We know there's more to it than that. I came here to talk on the merits, and now I can't. And it creates an opportunity for deals to be made away from this deal. And that's the sort of shady business that we're tired of. So don't get in front of it and say, oh, we're who want to preserve the democratic process. Most of the people out there are here for this item. The public has arrived. And one of the major issues regarding this agenda, at least by the dissenters, is that the ports data did not allow for public engagement in the first place because the data is not there. So my question is, is the data going to come down the 18th? Is there going to be more data? The last thing I want to say is this. The South take one day. Our vice mayor sits on it. I think he should recuse himself from this item when it comes time for a vote. And he knows why. I'm very disappointed in what's happened. I feel like we've been shafted. I'm not happy about it and I don't like the thread of this is the democratic way to go because it's not . Thank you, Mr. Mayor. Speaker, please. I guess. I mean, the two week delay, I wanted to say that it sounds good. I think one of the, uh, I think this gives time for the city council to make, uh, some, some, uh, some questions to make some really important questions before the public. As the previous speaker just mentioned, there really wasn't much of a public process when it came before the Harbor Commission. I've seen nothing but climate denial. I just want to acknowledge the movie that came out called Don't Look Up, which was about climate and saying, Oh, look, there's a comet in the sky. The comet is symbolic of the climate crisis, and two weeks from now, the climate crisis will be that much worse. We'll be that much further into the future. So I would like at a certain point for this council to show genuine climate leadership. Garcia has mentioned running for office a wonderful, ambitious, very proud to be mayor. If you believe in a Green New Deal, this gives you two weeks to actually demonstrate that and show that you have courage in your heart to represent us in Washington. Same with you, Mr. Richardson. As mentioned, you are on the AQ, M.D. As mentioned, you also have mentioned that you would be interested in representing the citizens of Long Beach. When are we going to see a change in Long Beach? When are we going to see an acknowledgment of the crisis as the warmest December in history? A town burn down to to a crisp. On New Year's Eve, another city, another small town burned. So in two weeks from now, the climate crisis will be that much warmer. We'll be that much further into the future. And so I want you to take these two weeks to do some type of climate analysis. You know, really ask that question of staff. Has there been a thorough climate evaluation? If you look in the air, you'll find that there is no significant they say no significant difference by by adopting this project. I've mentioned climate concerns to the to the to the Harbor Commission. When there was a public comment I mentioned they referred me to this one sentence. I says no significant difference. How is that possible? I want you all to ask questions that show that you have a genuine understanding of the severity of this crisis that shows that you're connected to the community in some way to understand the health impact on the precious children on the lungs of the community. I want to see that from each one of you in two weeks. Some actual courage to pronounce. Do you have courage in you? I don't know that I've seen from anybody here on this council quite yet genuine courage. So I just want to let you all know what the public is expecting in two weeks, but yeah, sounds good. Speaker, please. Good evening. My name is John Edmund. I'm here on behalf of the Long Beach Area Chamber of Commerce, the Harbor Association, Industry and Commerce, Southeast Association, Chamber of Commerce. And Bill said, We're all here. There's a room full of people that are ready to present public testimony. You have both applicant, the applicant and the appellant in the room right now. You have staff prepared to make a staff report and you're going to punt it to the 18th when I'm pretty sure we're not going to be able to be here. And you're going to limit public speaking. I mean, this is what you guys are here for. You have a fiduciary duty to be here and to hear the issues at hand. Win, lose is your responsibility. COVID is a terrible, debilitating, terrible thing. But are you postponing anything else on the agenda today? Why this issue? Because it takes a little more time. I'm sorry. I record asking you guys to hear the people's business conduct the city government. We want the item heard. Thank you. Thank you. Speaker, please. Dave Shukla, resident of the third. I am proof positive that Councilman Ringo's reasoning is sound. I support the motion. I think, as we heard earlier, the hearing can still be had and then be continued. So you're not telling anyone to go home without being heard? There's a lot of questions I'm going to have after the hearing, and I think it would be. Advantageous for all parties, given how much COVID is already kind to constrain the process over the past year. I mean, I woke up this early to read those, you know, 600, 700 pages. It's complicated. I think you would do well to continue the hearing. Thank you. They can expect police. Good evening. My name is Khalilah Fetterman on behalf of Safer California, the appellant tonight. And we support the continuance until the 18th. To allow for public participation and for the Council to review and consider the comments that we submitted today. And we ask the Council to require any I.R. for this project. Thank you. Thank you. Speaker, please. Good afternoon. My name is Carter Garage. I'm an attorney for Earthjustice representing the Coalition of Community Groups, appealing this project. I greatly appreciate Councilman Franco's concern for a public engagement, and I understand his rationale for this motion to continue the hearing. However, I'd like the Council to at least consider hearing the folks who did come out here today despite the adversity, who might not be able to make it on the 18th. I think we could have had a lot more public engagement today if there was a telephonic or online opportunity to provide verbal public comment. So I'd like the council to at least consider hearing those who are prepared to speak on the merits today, but the members of the public who could not attend in person at the 18th and we've heard the protocols will be different, but we haven't heard the details of what that would be and how much that would facilitate public comment at that time. So we'd like you to consider to make sure everyone's voices could be heard in that front. And if and if they cannot, then we would support that. We think that it should be heard today so that the folks outside are not ignored. Thank you very much. Thank you very much. Madam, quick, is it more public comment on the continuance? That's in the public comment. Okay. Thank you. A couple a couple just things. First is just to also just to be clear, you know, there is a motion on the floor and a second that was made. And so that is the motion on the floor. And that's a process we're going through right now. The public comment has to be to the motion as far as additional public comment like was suggested by the gentleman that just spoke, that's not allowable in the in the scope of the way this hearing is set up. The hearing has to be done a certain way, and we have to speak to the motion that's on the floor. And so I just want to make sure that to clarify that for the for the gentleman that's here. And so the motion and a second is to continue this for two weeks on til the 18th before we take that vote. Let me go and go to Councilman Mongo. Thank you. Is this staff able to tell us how many people were signed up for public comment tonight? 820. We have. 909. Okay. Okay. And do we know if we will be virtual on the 18th? Like, I guess there's just a lot of questions. I can I can answer that question. We actually don't. So we have not received the full recommendation yet, and I have not, as the chair of the body earlier tonight, Mr. Morgan said there might be adjustments in a couple of weeks, but we don't know what those are yet. And we're waiting to hear back from the Health Department what those will be. So as soon as I know or as soon as Mr. Modica knows what those are, I think he's intending to work with the clerk to put those out there. Mr. Mark, is that correct? That's correct. So we focused on today in order to make today as safe as possible. But clearly COVID is going up. But we are looking at some alternate methods about how to do that, which could include a virtual meeting. But we've not made that decision yet, and we'll make that definitely in advance of the 18th meeting. And our current rules as a body are that if we hear an item, a person can speak to it multiple times. So if someone spoke on an item and then it was continued, they wouldn't be barred from speaking on it again. I know other bodies have it where if you speak at committee that you don't speak at the council or any of that, but we don't have that. That's correct. That's correct. We have had that type of situation come up in the past where they have one opportunity to speak. But generally speaking. You are correct. Okay. Well, I, of course, want the most public input as possible. I think we're in a tough situation to know and understand where we'll be in two weeks. And I, of course, didn't want to turn away the nine people who are here. And maybe we'll have more participation if it is online or not online or I just I just hope that we can work really hard to tell people far enough in advance what the plan is for the 18th, because it seems like there are a lot of people very concerned about this item. Those are my comments. Thank you. Ever. We have a motion to confirm your ring a second bit. Councilman Price to postpone this for two weeks. Public comment has been closed as part of this hearing. We will to take a vote on that. Mr. City Attorney, I know this is a hearing. Anything else that we need to do as far as that piece? Okay. Thank you. The motion is carried. Okay. Thank you. We're now moving on to the rest of the agenda. First up will be item number 34.