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HomeMy WebLinkAbout01/27/2003 B A K E R S F I E L D Alan Tandy, Cit~Manager Sue Benham, Chair Staff: Trudy Slater David Couch Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMI'FrEE Special Meeting Monday, January 27, 2003 1:00 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:07 p.m. Members present: Councilmember Sue Benham, Chair Councilmember David Couch Councilmember Jacquie Sullivan 2. ADOPT SEPTEMBER 23, 2002 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS Mr. Richard Brand spoke of his concern about the replacing of local railroad ties and the disturbance of contaminated dirt caused by their removal. This displaced dirt has over time been exposed to numerous materials, including hazardous ones. He was concerned about children crossing the contaminated dirt and facing possible exposures to contaminants. Committee Chair Sue Benham directed staff to contact the appropriate authorities regarding this situation. 4. DEFERRED BUSINESS A. REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING DOWNTOWN STREET CLOSURES Upon Committee Chair Benham's request, members of the public expressed their concerns about street faire closures. Concerns mentioned included street closures for extended periods of time and the denial of access by businesses to their customers; street vendors selling competing products with downtown merchants; loss of revenues due to access denied to customers; the numbers of and extended lengths of streets being closed when shorter routes would work; the desire of residents and visitors to be able to go wherever they wanted during events, the need to have 17th Street left open as much as possible, consideration should be given to closing two-way streets rather than one-way streets; Agenda Summary Re Legislative and Litigation Committee January 27, 2003 Page 2 having car show events elsewhere; downtown street closures in general not benefiting downtown businesses; alcoholic sales issues; and the small impact an event has upon a business a block or block and a half away. Cathy Butler of the Downtown Business Association indicated she had been talking with downtown business owners to come up with ways to reduce event disruptions to downtown businesses and optimize their participation. Suggestions mentioned included a changed parade route, adding an "antique venue" to the car show event, not having food vendors if restaurants are open, car show event limited to a Friday after 6:00 p.m. and on Saturday eliminating the Sunday venue, and the willingness of individuals in other cities to come to talk with Bakersfield businesses to identify ways to successfully market their events. Committee Chair Benham indicated she felt competing vendors should be avoided. Committee Member David Couch indicated open discussion should be held between concerned parties and suggested that the possibility might exist for downtown businesses to attract customers in to their stores during events by selling non-duplicating products, such as bottled water. Committee Chair Benham indicated the map identified by Cathy Butler seemed to satisfy some businesses, the City could not micromanage the events, and that the business community had to work together to become part of the solutions. She doesn't want other vendors competing with downtown vendors during events. She encouraged continuation of open discussions. Committee Member Jacquie Sullivan commended the open discussion held, further emphasizing that not everyone will be pleased. Special events would happen in'the downtown, and she encouraged being creative for the benefit of the entire downtown community. Committee Member David Couch indicated his desire to work with Dale and John. 5. NEW BUSINESS A. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS REGARDING REMOTE CONTROLLED TRAINS OPERATING WITHIN THE CITY LIMITS Several members of the public, including members of the Brotherhood of Locomotive Engineers, spoke on the safety concerns they had regarding the operation of remote controlled locomotives within Bakersfield City limits. Concerns identified included the inability of the remote control operator to physically see possible obstructions to the movement of remote controlled trains, such as adults and children, other equipment, and faulty rails as well as the limited amount of training the remote control operator receives. While depicted as a pilot program, the appearance was of a full-grown program implementation across the nation. The pilot project had been in Bakersfield for 4-5 days and was being expanded for use by different railroad companies. The technology was unsafe, could not be made to be safe, and was subject to terrorist attack because it was not encrypted. Liability issues were also discussed as well as the length of "train yards" in which the remote control locomotives would be used. Upon being questioned on federal preemptions regarding railroads, City Attorney Bart Thiltgen explained federal laws would take precedence over local ordinances. The City Agenda Summary Re Legislative and Litigation Committee January 27, 2003 Page 3 could not ban a railroad from implementing remote control operated train technology. It would be legal, however, for the Council to pass a resolution requesting the Federal Railroad Administration and the Public Utilities Commission to implement operational regulations to ensure the public's safety. After lengthy discussion, it was motioned, passed and seconded to proceed with a resolution along the lines of the Marysville resolution neutrally conveying the City's concerns about safety issues raised and urging the Federal Railroad Administration to implement controls to ensure that the safety and well-being of citizens of Bakersfield will not be jeopardized by the use of remote control locomotives. The resolution for Council approval would be placed on the February 26, 2003 Council meeting agenda. B. REVIEW, DISCUSSION AND COMMI'I-I'EE RECOMMENDATIONS REGARDING RESOLUTION FOR HIGH SPEED RAIL FUNDING Administrative Analyst Trudy Slater indicated the Young-Overstarr federal legislation (HR 2950, Rail Infrastructure Development and Expansion Act for the 21st Century) had been tabled at the federal House committee level but was expected to resurface during the upcoming year. She explained the $9 billion in bonds for high speed rail in California was scheduled for the November 2004 ballot. City and county agencies are eligible to apply for membership in the High Speed Ground Transportation Association; annual membership is currently $500. Committee Chair Benham indicated high speed rail was an issue for Californians but given current proposals to restructure the High Speed Rail Authority, it would be best to wait until the situation is clarified before Committee action is taken. She would like to see a proposed resolution at the Committee's March meeting. C. REVIEW, DISCUSSION, AND COMMI'R'EE RECOMMENDATIONS RELATING TO CITIZEN PROPOSAL TO CHANGE THE CITY'S CHARTER REGARDING COUNCIL SALARIES Committee Chair Benham indicated Wesley Crawford Muhammad, who had requested the referral to Committee, was not present. City Attorney Thiltgen explained changing the City Charter would require a ballot measure on which the citizens of Bakersfield would have to vote. City Clerk Pam McCarthy indicated she would send Mr. Muhammad a letter advising him the Committee took no action and offer to provide him with information on procedures for placing a Charter change measure upon the ballot should he desire it. D. REVIEW, DISCUSSION, AND COMMI'I-rEE DETERMINATION OF CALENDAR FOR UPCOMING YEAR Administrative Analyst Slater handed out a revised proposed calendar to Committee members indicating the only change between the handout and the one included in the packet was the corrected dates for the Christmas/New Year's holidays. After discussion and agreement by all Committee members, the calendar handed out was approved as the Committee schedule for the upcoming year. The following Legislative and Litigation Committee meeting dates for 2002 are set for: March 10, April 28, May 21, June 23, July 21, September 22, October 20, November 17, and December 15. Agenda Summary Repo~I Legislative and Litigation Committee January 27, 2003 Page 4 6, COMMITTEE COMMENTS None. 7, ADJOURNMENT The meeting adjourned at 3:02 p.m. Staff Attendees: City Manager Alan Tandy, Administrative Analyst Trudy Slater, City Clerk Pam McCarthy; City Attorney Bart Thiltgen; Public Works Director Raul Rojas; Police Lt. Tim Taylor; City Treasurer Bill Descary; and Director of Environmental Services Ralph Huey. Other Attendees: John Shaw, Ronnie Lee, Bill Wheeler, Trevor Weeks, Robin Word, Ronald Marney, Diz Francisco, Tim Smith, Richard Brand, Terry Gray, Terry Maxwell, Cathy Butler, Art Carlock, and James Burger (L030127-MIN)