City Attorney Robert Shannon:

The question has arisen, of course, relative to Mr. [Don] May's concern of the jurisdiction of the City Council vis a vis the Harbor Department and I'll ask Dominic Holzhaus, principal deputy City Attorney, to once again briefly indicate our legal position on this issue.

Deputy City Attorney Dominic Holzhaus:

Madame Mayor, members of the Council. There were several representations made regarding changes to the Harbor district, essentially characterizations of the 1992 ordinance.

The Harbor district is established by the Charter and no ordinance, including the ordinance of '92 (1605) had any effect on the definition of the boundaries of the Harbor district.

And similarly, the Port Master Plan, which tracks the boundaries of the Harbor district exactly, under Chapter 8 of the Coastal Act, can only be changed by action of the Coastal Commission.

So a unilateral ordinance on the part of the City of Long Beach has no effect on the Port Master Plan.

So both the Harbor District and the Port Master Plan continued unchanged after 1992 and the practice has been uniform since that time with the Harbor Department issuing coastal development permits to that part of the Port.