(May 18, 2011, 1:35 p.m.) -- LBReport.com has learned that Councilman James Johnson has joined the WLA office of Manatt, Phelps and Phillips, a law firm listed among the major financial supporters of "Future Ports," a 501 (c)(6) non-profit policy advocacy group whose other major financial backers include BNSF and Union Pacific railroads which seek to enlarge the capacity of (proponents say "modernize") their respective LB-adjacent rail yards.
The railyard issue as a matter of policy escalated at last night's (May 17) City Council meeting when roughly a hundred West Long Beach residents came to the Council Chamber to present a petition (during the time allocated to public comment on non-agendized items). Spokesman John Cross said their petition contained roughly 1,800 signatures (most from the 7th Council district, with the second largest from the 1st district), urging Councilman Johnson, Mayor Foster and the full Council to oppose the proposed railyard projects.
An area teacher also presented a letter from the President of the Teachers Ass'n of Long Beach (TALB) urging opposition to the projects based on their impacts on nearby schools, children and teachers.
Neither of the railyard projects will be decided by City Council and neither is appealable to City Council. The residents' petition instead urges the Council to publicly oppose the railyard projects as a matter of policy...something it has not done.
A number of residents note that neither of the projects will provide "on-dock rail" connections from ships to trains, meaning cargo will be hauled on trucks traveling from ships to the rail yards through West Long Beach neighborhoods near homes and schools. Councilman Johnson has publicly urged that an Environmental Impact Report (EIR) for the ICTF railyard project evaluate whether a "zero emissions" option is feasible.
Contacted by telephone this morning at the Manatt, Phelps WLA office by LBReport.com, Mr. Johnson emphasized that he won't be doing any law firm related work before the Long Beach City Council. He said he has spoken with the City Attorney's office about potential conflicts and had likewise spoken to the firm about potential conflicts, and they both understand this (further below).
In 2010, candidate Johnson told voters that he didn't support the railyard expansions as proposed, and since taking office has reiterated that stance...but as Councilman has simultaneously proposed (and in early 2011 gained Council voted approval for) consideration in the Environmental Impact Report (EIR) for the ICTF/UP railyard project whether a "zero emissions" option is "feasible."
Including consideration of a "zero emissions" option in the ICTF EIR wouldn't require its inclusion in the ICTF project. That decision rests with a "joint powers authority" governed by four non-elected individuals: two Harbor Commissioners (one from PoLB, one from PoLA) and the Ports' respective Executive Directors. (The So. Cal Int'l Gateway project approval rests with the City of L.A.'s Harbor Commission.)
A LB City Council majority could presumably adopt an advisory/non-binding resolution opposing the projects and could urge (but not require) the LB and L.A. Harbor Commissions to do likewise. In addition, LB Harbor Commissioners are Mayor nominated and Council approved...and under a 2007 voter approved Charter Amendment (that then-City Hall staffer Johnson helped write), the Mayor with 2/3 Council concurrence can remove LB Harbor Commissioners for any reason.
Manatt, Phelps & Phillips is among seven "Platinum Level" financial supporters of FuturePorts, a 501(c)(6) non-profit entity officed in San Pedro, which describes itself (on futureports.org) as "A Regional Voice for port, industry and community concerns."
The FuturePorts.org web site states: "A vibrant and healthy economic and environmental future for the ports is vital to us all. We must meet the ports' environmental challenges. But to do this, it is essential that we build needed marine and landside shipping facilities and improve our transportation corridors. Without these improvements, congestion and air quality will only worsen. Inaction or delay is not an option .In order to green the ports, we must grow them."
On a webpage titled "Join Now," FuturePorts.org states: "The time is now to make your voice heard as the goods movement industry, government agencies and the community are fully engaged in critical debates in Southern California, Sacramento and Washington, D.C. about the future of our ports. Join FuturePorts today to become part of a regional solution!"
FuturePorts.org lists seven "Platinum" level members (its highest listed level), which include BNSF railway (SCIG railyard proponent), Union Pacific Railroad (ICTF railyard proponent), alongside Manatt, Phelps as well as the LB HQ'd law firm of Keesal, Young and Logan, So. Cal Edison and others. To view full listing of FuturePorts.org members, click here.
FuturePorts.org's "Levels of Investment" page indicates Platinum Level pertains to "$10,000 and Up."
Mr. Johnson is listed on the Manatt Phelps' firm website as Counsel in its "Government and Regulatory Policy Division." Prior to working for the City of Long Beach, Mr. Johnson worked at another major Los Angeles law firm, Morrison & Foerster.
Mr. Johnson noted that Manatt, Phelps is a large national law firm with it has hundreds of lawyers and thousands of clients. He said he was attracted to the firm because, among other things, it's L.A.-based which could minimize potential Long Beach conflicts. Mr. Johnson stressed that his first duty will always be to the people of Long Beach, but said he needs to earn a living for his family.
But apart from any lawyer-related representation issues that one presumes Mr. Johnson will seek to avoid, what about policy-related issues, since the law firm he's working for is among the major listed financial supporters of a policy advocacy entity whose major financial backers include the two railroads that want capacity expanding projects opposed by a number of his constituents and other LB residents?
Those projects won't be decided by the City Council, Councilman Johnson said. The ICTF project will be decided by a four-member Joint Powers Authority (comprised of two Harbor Commissioners -- one from LB, one from LB, and the Ports' respective executive directors). The SCIG project will be decided entirely in L.A. by the L.A. Harbor Commission, he noted.
But doesn't he as an elected Councilmember, and the Council as an elected body, have the ability to adopt a resolution publicly opposing the railyard projects, which is what the 1,800 petition signers seek? Councilman Johnson replied that such a resolution wouldn't be legally binding...and added that he's been the most outspoken advocate of including consideration of a "zero emissions" option in the ICTF project EIR, something that hadn't been proposed before. He noted that in response to his agendized item, the City Council unanimously voted to recommend that consideration of the zero option be included in the ICTF project's Environmental Impact Report (EIR).
But the WLB residents now pressing Councilman Johnson by petition note that an EIR recommendation isn't binding either...and they are now seeking nothing less than a forthright Council statement of opposition.
In 2010, the Manatt, Phelps law firm filed lobbyist registration forms with the LB City Clerk's office indicating two clients at that time (LB area health care related) but has since filed a LB lobbying termination form (Jan. 2011) and has no current listed LB lobbying clients.
Primary named law firm partner Charles Manatt is a former chairman of the Democratic National Committee (1981-1985) and under the Clinton administration was named Ambassador to the Dominican Republic (Dec. 1999-March 2001).
Mr. Johnson previously served in Gov. Gray Davis' administration and worked in an early campaign to elect Alan Lowenthal to the state legislature. He began work at Long Beach City Hall shortly after Mayor Bob Foster took office (mid-2006) and was officed on the 14th floor (near the Mayor and Councilmembers) although the position was budgeted [we're told created] in the City Clerk's office. During this period, Mr. Johnson also simultaneously headed the LB Democratic Club. He was also a delegate to the 2008 Democratic National Convention that chose then-Sen. Barack Obama as its presidential nominee.
When Alex Cherin exited the City Auditor's office for a Port of LB management position, City Auditor Laura Doud named Mr. Johnson to succeed him as Assistant City Auditor. Mr. Johnson gave up that position to seek Council elective office, which pays an annual salary of roughly $30,000 plus full health benefits.
FULL SERVICE Quality Plumbing: Drain Pros serves L.A. & Orange counties. For CURRENT DISCOUNT SPECIALS, CLICK HERE.
Mike Kowal, Realtor
