Three of the Long Beach Council incumbents -- Garcia, Austin and Neal -- received sums from BNSF for their officeholder accounts within the past 90 days. Two of the recipients who received BNSF sums represent Port-adjacent areas: Garcia (whose 1st district includes parts of West Long Beach and nearby downtown areas) and Lowenthal (whose 2nd district includes the Port of Long Beach and adjacent downtown areas.)

The sole incumbents not receiving BNSF sums that we found were Councilmembers Gary DeLong, Gerrie Schipske and James Johnson.

To our knowledge, none of the recipients of BNSF-sums has publicly opposed putting the BNSF-sought railyard in the West Long Beach-impacting location where BNSF seeks to locate it. Indeed, no Long Beach City Councilmember -- whether a recipient of BNSF sums or not -- has since Dec. 2011 agendized an item that would require a publicly recorded up-or-down vote on whether to support or oppose the West Long Beach impacting railyard at the BNSF-sought location. In December 2011, two Councilmembers -- term-limited, now exited Councilwoman Rae Gabelich and incumbent James Johnson -- agendized an item to oppose the railyard at its presently proposed site. Their item was blocked by a substitute motion from Councilman Neal who requested additional information on the proposed railyard.

Long Beach Mayor Bob Foster, who has no Council vote, received a BNSF sum in June 2009 for his 2010 reelection campaign and in Dec. 2010 his officeholder account. BNSF also contributed $10,000 in Oct. 2008 to "Rebuild Long Beach, Yes on Measure I," a political committee that supported enactment of a parcel tax, an effort led by Mayor Foster.

In March 2013, Mayor Foster advocated -- without a Council policysetting vote approving or disapproving his position -- what he called "mitigation" for the railyard at BNSF's proposed location but including what he called a "buffer park" as well as funds for other West Long Beach items.

Mayor Foster's stance contrasts with the position urged by a number of neighborhood, health and environmental groups -- including the West Long Beach Association, Wrigley Area Neighborhood Alliance (Long Beach), 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. These groups have argued that the railroad's impacts can't be mitigated at the currently proposed site, saying railyards belong in Ports (so they can use on-dock rail), not in neighborhoods (where they would continue to use trucks to haul containers from the docks to the railyard).

To date, the Long Beach City Council hasn't taken a publicly voted action on whether to support or oppose the proposed railyard at its presently proposed site, but did authorize city staff to submit comments on technical aspects of the project's Environmental Impact Report [and some of comments were quite critical]. The Council has since voted to appeal certification of the EIR to the L.A. City Council. On May 8, 2013 the L.A. City Council is scheduled to hold a hearing on appeals filed by multiple parties in connection with the EIR. LBREPORT.com plans to carry that hearing LIVE.

On April 25, 2013 the PressTelegram published an op-ed piece by Congressman Alan Lowenthal (D, Long Beach) and Congresswoman Janice Hahn (D., south Los Angeles) in which the co-authors didn't mention BNSF or the EIR's findings that the railyard is expected to worsen pollution impacts for LB-adjacent residents (in exchange for promising to improve air quality regionally).

In their op-ed piece, the two Port-area Congressmembers call the proposed railyard an opportunity to reduce air quality impacts and create local jobs...and urge L.A. officials to "include reasonable mitigation provisions...There are some common sense measures these communities deserve such as a planted buffer-zone between the project and surrounding communities; the creation of a fund to help residents install pollution reducing filters and other devices; a long-term commitment to incorporate zero-emission technology at the rail yard; and, relocation for businesses that are displaced."

On May 2, 2013, Congressman Lowenthal basically reiterated these views at a luncheon event that raised money for the Long Beach Area Chamber of Commerce, whose leadership also supports the proposed railyard.

Data on the Federal Election Commission website indicates that on March 20, 2013, Congressman Lowenthal received $1,000 from BNSF Railpac (Ft. Worth Texas) for his 2014 re-election campaign.

The FEC website indicates that while Congresswoman Janice Hahn's hasn't received BNSF money to date for her 2014 campaign, she did receive $10,000 in four contributions from BNSF Railpac for her 2012 race.

The company's contributions to local officials and members of Congress aren't illegal or otherwise wrongful; they are protected as an aspect of first amendment political participation. Public disclosure of the sums is required under state law (re CA officeholders) and federal laws (re Congressmembers).

Regarding Long Beach City Councilmembers:

• 9th dist. Councilman Steve Neal received $350 from BNSF in July 2010, $500 more from BNSF on Feb. 22, 2011 (for his officeholder account), $500 more for his officeholder account on March 20, 2012 and another $500 from BNSF (officeholder account) on Feb. 15, 2013 (total: $1,850).

• 1st dist. Councilman (Vice Mayor since July 2012) Robert Garcia -- whose district includes Port impacted areas -- received $1,000 from BNSF in the "winner-take-all" (no runoff) special election that brought him to office, That was followed by $350 from BNSF in Nov. 2009 for his officeholder account, plus another $500 for his officeholder account in August 2012, and $500 more for his officeholder account on Feb. 6, 2013 (total: $2,350).

• 2nd dist. Councilwoman Suja Lowenthal -- whose district includes the Port of Long Beach adjacent downtown areas -- received $500 from BNSF in Feb. 2011 (officeholder account) and $350 from BNSF in Nov. 2011 (for her 2012 reelection campaign) (total: $850).

• 4th dist. Councilman Patrick O'Donnell received $500 from BNSF in Oct. 2010 for his officeholder committee. He received $350 in March 2012 for his third term (write-in) reelection campaign, plus another $350 in May 2012 for his June 2012 on-ballot runoff (in which he was reelected). (Total: 1,200).

• Councilman Al Austin received $350 from BNSF for his election campaign account on May 18, 2012 [about five weeks after the election] plus $500 for his officeholder account on March 7, 2013. (Total: $850)

• Councilman Dee Andrews received $350 from BNSF on April 11, 2008 for his reelection campaign and in July 2012, received $500 for his officeholder account (total: $850).
• Mayor Bob Foster received $650 from BNSF in June 2009 for his 2010 reelection campaign, $500 from BNSF on Dec. 31, 2010 for his officeholder account. BNSF also contributed $10,000 in Oct. 2008 to "Rebuild Long Beach, Yes on Measure I," a political committee for a parcel tax, an effort led by Mayor Foster.

Regarding now-former incumbents:

• In Dec. 2009, BNSF gave then-incumbent 9th dist. Councilman Val Lerch $350 for his reelection write-in campaign. (Lerch was outpolled by on-ballot challenger Steven Neal in April 2010).

• In Dec. 2009, BNSF contributed $350 to then-incumbent Councilwoman Tonia Reyes Uranga's write-in campaign. Council incumbent Uranga succeeded in getting into an on-ballot runoff against challenger James Johnson, and BNSF backed her with another $350. Johnson ultimately outpolled her and is now on the City Council.