City Attorney Shannon Says Mayor Foster's Discussions re Proposed BNSF SCIG Railyard Are Totally Consistent With Authorizations Provided by LB City Council In <nobr>Mar. 12</nobr> Closed Session That Authorized Appeal To L.A. Council re Railyard EIR

(May 2, 2013, 1:35 p.m.) -- Following-up on LBREPORT.com's May 1 report that an April 30 letter from Los Angeles City Councilman Joe Buscaino [cc'd to all Long Beach and Los Angeles City Council members] indicated that after speaking with Long Beach Mayor Bob Foster, L.A. Councilman Buscaino's understanding was that the City of Long Beach had requested "mediation" in connection with the controversial BNSF-sought West Long Beach-impacting proposed So. Cal Int'l Gateway (SCIG railyard) (Letter text included in "Mayor Foster -- Without Council Vote While EIR Is On Appeal In L.A. -- Conveys Impression to L.A. Councilman That City of LB Agrees To "Mediation" On BNSF-Sought WLB-Impacting SCIG Railyard"), Long Beach City Attorney Bob Shannon told LBREPORT.com today (May 2):

"I am thoroughly familiar with the discussions which are taking place betwen Mayor Foster and representatives of BNSF. While I cannot disclose the specifics with regard to what was discussed in closed session, I can indicate that Mayor Foster's discussions are totally consistent wiht the authorizations provided by the City Council at that time.
"In this regard, I would emphasize that no final agreement of any kind can take place without final approval of the City Council."

The closed session item was agendized on March 12 as: "The possibility of initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9 (one matter)."

At the start of the City Council's regular open meeting on March 12, City Attorney Shannon announced that in the closed session, the Council had voted to appeal the L.A. Harbor Commission's certification of the EIR to the L.A. City Council...and the Council did so on an 8-0 vote (Councilwoman Lowenthal absent).

As previously reported by LBREPORT.com, during the EIR comment process, the City of Long Beach submitted written materials by city staff/management raising issues and alleging problems/deficiencies in draft and recirculated EIR put forth by Port of L.A. staff. Long Beach Mayor Bob Foster and Councilman James Johnson also testified in person at the March 7 L.A. Harbor Commission hearing on the matter, delivering sternly worded testimony (LBREPORT.com detailed coverage, including audio, click here) that urged "mitigation" for project impacts.

Other groups, including the "Port Working Group," a coalition comprised of the West Long Beach Association, Building Healthy Communities/LB, Long Beach Alliance for Children with Asthma, Coalition for Clean & Safe Ports, Coalition for a Safe Environment, Communities for a Better Environment, Communities for Clean Ports/End Oil, East Yard Communities for Environmental Justice, Natural Resources Defense Council and Physicians for Social Responsibility/Los Angeles seek a different location for the railyard (currently proposed a few miles inland from the docks, next to a WLB neighborhood). The Port Working Group wants "on-dock rail," taking the position that railyards belong in the Port, not in neighborhoods.

A December 2011 agenda item (brought by then-Councilwoman Rae Gabelich and current Councilman James Johnson) sought to oppose the project...but a substitute motion by Councilman Steven Neal (ultimately joined by the rest of the Council) settled for asking the Port to answer questions about the project at that time.

Developing with further to follow on LBREPORT.com.