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01/27/2003
B A K -E R S F I E L D Sue Benham, Chair David Couch Jacquie Sullivan Staff: Trudy Slater SPECIAL MEETING NOTICE LEGISLATIVE AND LITIGATION COMMITTEE of the City Council - City of Bakersfield Monday, January 27, 2003 1:00 p.m. City Manager's Conference Room Second Floor - City Hall, Suite 201 1501 Truxtun Avenue, Bakersfield, CA AGENDA 1. ROLL CALL 2. ADOPT~EPTEMBER 23, 2002 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING DOWNTOWN STREET CLOSURES 5, NEW BUSINESS A. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS REGARDING REMOTE CONTROLLED TRAINS OPERATING WITHIN THE CITY LIMITS B. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS REGARDING RESOLUTION · FOR HIGH SPEED RAIL FUNDING C. REVIEW, DISCUSSION, AND COMMITTEE RECOMMENDATIONS RELATING TO CITIZEN PROPOSAL TO CHANGE THE CITY'S CHARTER REGARDING COUNCIL SALARIES D. REVIEW, DISCUSSION, AND COMMITTEE DETERMINATION OF CALENDAR FOR UPCOMING YEAR 6. COMMITTEE COMMENTS 7. ADJOURNMENT Alan ager Sue Benham, Chair Staff: Trudy Slater David Couch ,Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMI'i'I'EE Regular Meeting Monday, September 23, 2002 1:00 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:06 p.m. Members present: Councilmember Sue Benham, Chair Councilmember David Couch Councilmember Jacquie Sullivan 2. ADOPT AUGUST 19, 2002 AGENDA SUMMARY i:IEPORT ' Adopted as submitted. 3. PUBLIC STATEMENTS None 4. DEFERRED BUSINESS A. REVIEW, DISCUSSION, AND RECOMMENDATIONS RELATING TO THE REGULATION AND LOCATION OF TAXI STANDS - UPDATE Administrative Analyst Trudy Slater updated the Committee on actions taken since the Committee's last meeting. An administrative public hearing was held by the City Manager which resulted ir~ tile granting of two taxi stand permits in front of the Greyhound Bus Station on 18~ Street. The permits were approved with the condition that if situations such as had occurred in the past resurfaced the taxi stand permits would be revoked. Ms. Slater identified issues with utilizing public parking north of Centennial Garden as taxi stands, in response to comments from Mr. Armando Elenes, Committee Chair Sue Benham indicated that there is an issue with sacrificing limited existing parking for taxi stands. City Manager Alan Tandy stated the majority of visitors to the Garden enter from the south near where two taxi stands had been created. Committee Member David Couch suggested waiting to see how the taxi stands on N Street worked. Legislative and Litigation Committee September 23, 2002 Page 2 Mr. Elenes indicated that taxi drivers who park in short-term-parking areas get misdemeanor tickets. Police Lt. Tim Taylor indicated tickets such as these could be written as either misdemeanors or infractions. He will contact his staff regarding the writing of infractions rather than misdemeanors in such cases. B..REVIEW, DISCUSSION AND RECOMMENDATIONS REGARDING DOWNTOWN STREET CLOSURE PROCESS Ms. Slater explained representatives from Finance, ED/CD, Police, the City Attorney's Office and the City Manager's Office met to. discuss ways to facilitate the special event p*ermit application process. Staff feels administrative changes can be made which will facilitate the process and recommends that the Police Department produce the street closure signs at co.st for those requesting street closures. This would identify times and dates as well as the Bakersfield Municipal Code under which the sign is operative. Staff also suggested the City use its business license permit data base to create a user-friendly spreadsheet which includes information on all City business license permit holders, such as owner, business name, and address. The information could be formulated on a co~npact disk and updated once a year by I.T. staff. This information would be available for special events permit applicants at cost. The special events permit applicant would remain responsible for ensuring affected businesses were contacted regarding upcoming street closures. .Committee Chair Benham opened the discussion regarding the October 25, 26, and 27 car show and Up on the Roof events. Mr. Tandy explained the Recreation and Parks Department was a co-sponsor for the car show event and that until recently there was no indication that the event was going to be controversial. He indicated the City had a moral obligation to allow the car show.' Several members of the public spoke against and in support of the car show street closures. It was generally agreed by those against street closures that the problems occurred when the streets were closed before 6 p.m. Several people wanted the .event moved, and it was suggested that Chester Avenue not be closed for events. Mr. Dale Simpson mentioned the 120 names on the petition as well as indicated an antique show was being held at the Fairgrounds the same Saturday. Mr. Bob Catalano indicated closing down the streets would mean a loss to business owners of thousands of dollars in sales and wished they wouldn't do it again. Mrs. Polly Catalano indicated there would not be enough parking for the Design Center Saturday tea event. Ms. Mary Burris indicated she was. having a grand opening October 1 and suggested having the car show go somewhere else during the day, such as the Fairgrounds or Montgomery Ward. Mr. Jerry Baranowski stated that events bring benefits, and he doesn't like the business owners fighting with each other. Mr. Fred Prince indicated the DBA wanted to work with downtown businesses and wanted them to take advantage of walking customers, stating Bakersfield has a supportive Council and business climate. Ms. Cathy Butler indicated she had been talking with Pete Ramirez regarding the use of the lot behind Serrano's for the Design Center event at no cost to the event organizers. Mrs. Catalano thanked Ms. Butler. Ms. Debbie Caywood indicated she was in favor of events because she is always looking for new customers. Ms. Emily Thiroux, Spotlight Theatre; mentioned she was thrilled to have all the people downtown. Agenda Summary Report D AFT Legislative and Litigation Committee ' September 23, 2002 Page 3 Committee Chair Benham applauded Ms. Butler's offer of assistance with Parking and encouraged her to follow through with it. Ms. Butler mentioned several parking lots that would be open to the public during the event. Lt. Taylor suggested leaving 19th Street open to cross traffic to help with access during the street closure periods. Mr. Catalano indicated that would not make any difference. Mr. Art Carlock, car show coordinator, indicated that would disrupt the show and 'plans that have been in the making for ten months. · In response to a Committee question, Mr. Tandy indicated the special events permit application process was an administrative procedure and unless directed by the committee he would proceed with the application. Committee Chair Benham.felt it was too late to change the parameters for the event. She would take the DBA at its word to provide parking. She feels more cooperation and communication is needed between DBA and non-DBA members. DBA calendars identifying upcoming events are available to the public at the DBA office. City staff was asked to provide visual aids which would let people know the whereabouts of available public parking during the event. Other issues discussed included the availability of public transportation and possible sidewalk sales to clearly identify businesses that are open. Committee Chair Benham asl~ed the community members present to set a date to meet (such as in November) to come up with how to work together in the future and come back to committee with their findings. Committee Member Jacquie Sullivan indicated this was a good recommendation. Concerns expressed are compelling, and she encouraged attendees to work together to come up with acceptable compromises. 5, NEW BUSINESS A. REVIEW, DISCUSSION AND RECOMMENDATIONS REGARDING THE REQUEST FROM THE KERN COUNTY HOMELESS COLLABORATIVE TO SUPPORT PROPOSITION 46 ON THE NOVEMBER 2002 BALLOT Ms. 'Slater indicated the Kern County Homeless Collaborative had asked the City to support Proposition 46, the Housing and Emergency Shelter Trust Fund Act of 2002, which would be on the November 2002 ballot. This was a bond measure in the amount of $2.1 billion which would allow financing of a broad variety of affordable housing construction: for rental housing for Iow-income seniors, disabled persons, and families with children; homeownership programs; emergency shelters and permanent housing for homeless seniors, battered women, mentally ill persons and veterans; farm worker housing; incentives for local governments to approve housing ·developments; and local code enforcement to revitalize neighborhoods. She noted that Council has historically not taken positions on propositions unless it was felt they had a major and direct impact upon the City of Bakersfield. She also mentioned the large size of the bond measure in comparison to other bond measures, specifically mentioning the $9 billion bond measure for-high speed rail. City Attorney Bart Thiltgen indicated although this bond measure might provide some revenue for City programs, ;* ,,,,-,,,m,~ not have '- rn~inr fin~nniAI impact. Agenda Summary Report DRAFT Legislative and Litigation Committee September 23, 2002 Page 4 Other concerns mentioned included the fact the City is not the primary source for funding programs of the type outlined in the bond measure. Committee Member Couch encouraged not taking a position. Staff was directed to craft a response to the letter of request from Kern County .Homeless Collaborative for the Chair's signature. B. REVIEW, DISCUSSION, AND RECOMMENDATIONS RELATING TO THE ECONOMIC FEASIBILITY OF PLACING *ClTY FLAGS ON CITY FACILITIES Ms. Slater highlighted the staff report included within the Committee packet. Four existing City flagpoles are flying the City flag, one each at City Hall, at the Centennial Garden, at Fire Station #1, and at the Corporation Yard. City flags.currently co~t about $140 per flag and generally have to be replaced four times a year, for an annual cost of $560. A free- standing flagpole costs approximately $1,300 with $600 in installation costs by City staff (total of $!,900). Ot~er issues disc.ussed included length of time a flag is expected to last, community members who keep staff informed if flags become worn or damaged, flag etiquette and protocol, sizes of flag poles, the possibility of flags being donated to the city by community members, flags being placed inside buildings as opposed to outside, and lowering of flags to half mast. Staff was asked to research whether a City flag, while still meeting color and other requirements, could be made of. material which would last longer than the current life span of City flags. C. REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING THE TAX! DRIVER'S PERMIT APPEAL PROCESS Mr. Tandy explained proposed changes streamlined the taxi driver's permit appeal process placing it under the review of the City Manager and providing more direction to the Chief of Police. Committee Member* Couch recommended the proposed ordinance be forwarded to Council 'for approval. The motion carried unanimously. Administrative Analyst Slater was directed to contact Mr. Armando Elenes to ascertain whether there were any concerns on his part. D. REVIEW, DISCUSSION, AND RECOMMENDATIONS RELATING TO THE PROPOSED RESOLUTIONS FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE Ms. Slater identified department head positions on the League's ten proposed resolutions. After discussion, the Committee supported the recommendations of the department heads with the exception of Resolution #4. The Committee felt #4, which encourages the extension of assembly member terms to four years and senator terms to six years, with two-term limits, should be supported. The Committee recommended approving Resolutions #1, #2, #4, #5, #7, #8, and #10; disapproving #9; and taking no action on #3 and #6. These will be forwarded to Council for its approval at the Council meeting of October 2. Agencl~ Summary .eport DRAFT L.egi$1~tive ~nd Litigation Committee Septemloer :>3, P~ge 5 IS.COMMITTEE COMMEN'r~ None. 7. ADdOURNMENT The meeting ~diournecl ~t P:50 p.m. Staff Attendees: City Manager Alan Tandy, Administrative Analyst Trudy Slater, Assistant City Manager Alan Christensen, City Clerk Pam McCarthy; City Attorney Bart Thiltgen, Deputy City Attorney Alan Daniel; Police Lt. Tim Taylor; Economic Development Director Donna Kunz; Recreation and' Parks Director Stan Ford, City Treasurer Bill Descary; and General Services Superintendent Steve Hollingsworth Other Attendees: Armando Elenes, Dale Simpson, Bob Catalano, Jerry Baranowski, Mary Burris, Polly Catalano, Fred.Price, Emily Thiroux, Art Carlock, Philip Bentley, Debbie Caywood, Cathy Butler, Art Carlock, James .Burger (L02.0923-MIN) RAPID MEMO ~Adems SC1~,58 Meeting With David Couch Thursday, December 19, 2002 Downtown Bakersfield Street Closures 1. 'Downtown street events work for some businesses, but certainly not all. That's okay. As business people, we're not against-downtown events, even the ones that don't directly and positively affect the bottom line of our individual stores. 2. It's important to realize that a wide variety of downtown businesses were not only not helped by the recent street closures and car show, some were ne,qatively affected.. 3.' The advance legwork done by the'car show organizers provided little advance warning or knowledge to'most downtown businesses about the scope or the extent of the street closures, until just before the actual event. 4. It's difficult to estimate exactly what causes business sales volumes to vary from .~' year to year or from week to week. It's very simple to determine when a variation exists. As a loose-knit group of downtown business people, we'd like to express the belief that closing city streets so our regular and our potential customers can't access our merchandise is not a good idea. We're not against car shows. We just believe there are many other more appropriate venues to hold them than downtown city streets. 5. We acknowledge that other factors may have contributed to such negative sales results, but it's pretty clear to us that closing the streets our customers use for access was - at the very least - a major factor in the lost business we experienced. 6. As a member of the city council that must approve street closures in advance, we're requesting your consideration of the very-real effects we believe such street closures contributed to recently (see enclosed statements from downtown businesses). 7. Before approving future street closures for downtown events, we'd like to suggest that there are several ways of gauging downtown business sentiment regarding such actions. Certainly the DBA believes they represent a segment of the downtown business community, and we'll agree that through the years the DBA has had it's ups and downs in this category. We also believe it's importaht to recognize that other people and businesses also represent different segments of the downtown merchants and business owners. Those people are not affiliated with the DBA, nor' do they believe it effectively or accurately represents their interests across the full spectrum of DBA activities. If it did, then why would all of the merchants noted in the paragraph above report ne.qative results from such a highly-touted, DBA-sponsored event? Better yet, if the DBA was concerned about the effects their activities have on these business people, why didn't it gather this information itself and use it internally when planning similar events for the future? We believe that, given preper notice, we could previde you with accurate sentiment from a wide segment of downtown businesses as it relates to street closures in the future. That information, .together with data you receive frem other groups and/or the DBA, would at least give you a more-balanced view of any particular street-closure request and how it is perceived. 8. We believe it's important to stress again that we're not anti downtown promotions, nor are we trying to establish our own vereion of the DBA. We're just business people and merchants who want to ensure you have additional information before making decisions about street closures in the future. 9. Thank you for taking time to visit with us and to listen to what we' haVe to say. T. L. MAXWELUS RESTAURANT & BAR 1421 17TH PLACE ALLEY · BAKERSFIELD, CA 93301 (661) 323-6889 · FAX (661) 323-6882 NC. VEMBER 1.9, 2002 LEGISLATIVE AND LITIGATION COMMITTEE CITY OF BAKERSFIELD RE: " HOW DID THE CAR'SHOW WORK FOR YOU? " DEAR COMMITTEE, THE RESTAURANT I OWN, T.L. MAXWELL'S RESTI~RANT & BAR WAS NEGATIVELY IMPACTED BY THE CAR SHOW DUE TO THE CLOSING OF SOME KEY STREETS. IT SEEMS EVERY TIME THERE IS ANY .EVENT IN THE DOWNTOWN AREA THESE SAME STREETS ARE ALWAYS CLOSED. THE QUESTION IS NOT IF I PERSONALLY ENJOYED THE CAR SHOW, I DID'.~' THE QUESTION IS DID IT BRING. ME NEW. CUSTOMERS?, DID IT EFFECT MY REGULAR CUSTOMERS?, .AND WHAT IS THE LONG TERM EFFECT OF EVENTS LIKE THIS OR OTHER EVENTS', LIKE THE CHRISTMAS PARADE GOING TO HAVE FOR ME AND'OTHERS LIKE ME,I.E. RESTAURANTS OFF OF CHESTER AVE? I WANT TO MAKE SOMETHING PERFECTLY CLEAR, THE CAR SHOW, THE THURSDAY NIGHT FESTIVALS IN THE SUMMER, ALL OF THE PARADES, AND EVENTS LIKE THE CYCLING DOWNTOWN THIS PAST SUMMER DOES NOT BRING NEW CUSTOMERS TO MY RESTAURANT. I HAVE ESTABLISHED A CLIENTELE INDEPENDENT OF SUCH EVENTS. MANY' ARE OLDER AND CANNOT WALK 6 to 8 BLOCKS TO GET TO THE RESTAURANT, OR THEY SIMPLY WILL NOT FIGHT THE CROWD AND THE STREET CLOSURES SO THEY DINE IN THE SUBURBS. THINK ABOUT THE CROWD THE LAST TIME YOU'WERE' AT A PARADE. wOULD ANY OF THESE PEOPLE HAVE DECIDED TO WALKi. DOWN..17 PLACE ALLEY TO EAT AT A FINE DINING RESTAURANT ON THE SPUR OFf THE MOMENT? AND EVEN'MORE, AT THIS CAR SHOW I PERSONALLY KNOW PEOPLE'WHO GO TO THESE EVENTS ALL OVER AND THEY HAVE ASSURED ME NO ONE THEY KNOW WOULD COME. INT0 MY RESTAURANT FOR DINNER. MOST OF THESE PEOPLE ARE HERE BECAUSE THEY PERCEIVE BAKERSFIELD AS BEING A CHEAP PLACE TO.GO TO. SO MY REGULAR CUSTOMERS ARE ESSENTIAL. ' ' . T. L. MAXWELL'S RESTAURANT & BAR 1421 1TFH PLACE ALLEY · BAKERSFIELD, CA 93301 (661) 323-6889 · FAX (661) 323-6882 SO THE ANSWER IS NO IT DID NOT BRING ME NEW CUSTOMERS, YES IT KEPT MANY OF MY REGULAR CUSTOMERS AWAY. EVERY EVENT HELD ON A WEEKEND, WHICH EVERYONE KNOWS IS A BUSY NIGHT IN THIS INDUSTRY~ IMPEDES THE RESIDENTS OF BAKERSFIELD, LET ME REPEAT,IMPEDES THE RESIDENTS OF BAKERSFIELD FROM SUPPORTING PRIVATELY OWNED.BUSINESSES. IT WILL ULTIMATELY DRIVE US AWAY OR CLOSE SOME BUSINESSES. I PARTICULARLY WORRY ABOUT A NEW BUSINESS WHICH TAKES A HIT REGULARLY FROM THESE EVENTS. .MY BUSINESS IS MORE ESTABLISHED THROUGH ALLOT OF PERSONAL STRUGGLE.AND SACRIFICE AND I WILL SURVIVE. I STILL DON'T THINK IT IS" FAIR FOR ME. TO WORK HARD AT MY BUSINESS FOR 365 DAYS A YEAR AND THEN.ON A PROSPEROUS NIGHT TO BE SHUT OUT BY A ONE TIME WINNER TAKE ALL EVENT. I HAVE RENT TO PAY, PAYROLL TO MAKE , AND PERISHABLE RESOURCES TO MANAGE. ONE OF THESE EVENTS IS USUALLY A MONEY MAKING OPERATION FOR A FEW. THE 'E aRE RESTAURANTS LOCATED CLOSE TO EACH OTHER, MAXWELL'S, BILL LEE'S, GUMBEAUX'S, RICE BOWL, AND ' URRICCHIO'S. IT IS THE ULTIMATE INSULT WHEN EVERY TIME THERE IS A CLOSURE IT EFFECTS ALL OF US. EVEN MORE' INSULTING WAS THE "UP ON THE ROOF, DOWN ON THE STREET" PARTY WHICH WAS CENTERED IN THE MIDDLE OF THOSE FIVE RESTAURANTS AND TO MY KNOWLEDGE NOT ONE OF US WAS ASKED TO PROVIDE ANY OF THE FOOD. SO NOT ONLY DID wE HAVE TO COMPETE WITH EACH OTHER BUT THIS EVENT LITERALLY SUCKED US DRY OF CUSTOMERS. I ASK YOU WHERE EVER YOU WORK DO YOU HAVE TO DEAL WITH THIS? IN CLOSING I WILL TELL YOU I AM NOT ALL COMPLAIN'.WITH NO SUGGESTIONS, I HAVE SUGGESTED ALTERNATE ROUTES FOR THE PARADES GOING DOWN STREETS WITH LITTLE TO'NO BUSINESSES, AND :HAVE SUGGESTED TO CONDUCT THE CHRISTMAS RARADE ON SUNDAYS 'WHEN EVERYTHING IS CLOSED.' THE CAR SHOW SHOULD BE'CONDUCTED SO AS NOT TO'CLOSE ANY STREETS BUT.CHESTER AVE OR RELOCATE IT. WHAT WOULD THE PEOPLE.AT VALLEY PLAZA AND.THE MARKET PLACE SAY IF THIS EVENT WERE TO BLOCK THEM COMPLETELY OFF? THANK YOU FOR YOUR TIME. SINCERELY, TERRY' L. MAXWELL -.' NPO Gil Pierce Old Friends of Bakersfield Car Club 1500 E. Brundage Ln. Bakersfield, CA 93307 Dear Oil, Thank you for staying after at the Monday night meeting to hear my side of the problem with all the special events doWntown during business hours. The Highway 99 Car Show was the event that got the most heat because it was the last of a series of events where the business oWners were promised one thing, by the people in leadership of the DBA, and something less happened. I can appreciate your hobby and know what delight it gives you and your club members to show offyour ears and for you to look at other cars. I, also, know that you invest a lot of money in your cars and into the communities in which the ear shows are held. ( hotels, food, beverages and items related to cars) I, also, appreciate the fact that you return some of your profits to altruistic projects in Bakersfield. For this YOu are to be commended. But, here comes the but, this should not be car show folks verses the downtoWn business people. It could be working together IF you are willing to hear our' side and work with us to promote not only the car show for a weekend, but the downtown businesses ALL year long. Believe me, there would be no complaints f~om the business people if the weekends and street closings were brin4ing in the same profits or more as the times when no special events'are happening. It makes me smile when I am asked where my business is located and what type of business I have by people who tell me they have lived in Bakersfield for many years and support the Downtown. Granted, we know and support the businesses closest to where we live and those that interest us. But...ifyou want our support you need to talk to the business owners personally before you get your permit. That way we can each understand the others position and resolve problems and not put any of us in the position of defense. I believe this meeting indicated that the DBA leadership and the business people are not all on the same page. As you heard there are other ' issues besides the Car Show. I can speak for myself and tell you I chose to move my business downtown fromH Street to it's present location over a year and a half ago. I believe in downtown business and believe we should not let our downtown becotn~ c~nters of blight. I believe our downtown can be more then bars anti. discount stores. I believe that we have great eating establishments downtown, respectable stores, a great business and fimnical area, a beginning of a great artistic area with theaters and other mecli:a.~ of art. AND, I believe there is room for the small boutique and specialty shops, such as antiques and collect~les, clothing and home accessories, florists and ti~ners, music and magic and professional businesses. These small businesses are dependent on being open and making sales. Even Mr. Walker acknowledged he had to have help 42 years ago as he began his business in "diamonds". No, we are not "whiners" we are just concerned business people who must look at the bottom line. This not a hobby for us! ! am sure you value this in us as business people as we value your right to have your enthusiasm for your cars. Let this be profitable for both parties. Thank you for listening and understanding our position- I invite you to visit downtown and stop by our shops and businesses to see what we have to offer all year round to the people of Bakersfield and other areas. Maybe you can help us get more parking downtown and encourage all your car folks to eat and shop downtown. Let us work together, talk to us, we are here usually seven days a week. Sincerely, Lois Brehmer ~lnterio~ Motives 1430. 17th Street Bakersfield, CA'93301 November 18, 2002 copy sent to: Art Carloek Gil Pierce Cathy Butler Frederick Prince My business, --~lq%ric)r M,o't-t~te,,s was negatively impacted by the street closures that occurred during the Hjgl~ay 99 Car Show and Street Faire on October~5a,~7. ,~2002. We sustained financial losses of approximately-~ /o o 7o · lln,ine~ Addre~ l)~te ) My business, ~/~' ff7~;7 --~-/3/Z /~ ~ __ WaS negatively impacted by the street-closures that occurred dung ~e Highway 99 C~ Show ~d S~eet F~re on October 25~, 26~ ~d 27~, 2002. We sus~ned fm~ci~ losses ofappro~ately_ $6 ~ ... ~i~a~ ~ Title Busings Add~ Date negatively impacted by the street qSlosures that occurred during the Highway 99 Car Show and Street Faire on October 25~, 26.m and 27th, 2002. We sustained financial losses of approximately ~. ~_ signature-/ '_ Title Business Address Date My business, ~, ~ ~, ~_. was negatively impacted by. the street closures that occurred during the Highway 99 Car. Show and Street Faire on October 25a, 26a and 27th, 2002. We sustained financial losses of approximately ~ . Signature -Title /-.~// 19"~-~ ~ //- ~-'o .~. Business Address Date My business,s ? 4a '.q, ~; ~2+ ~ ¼ o f> was negatively impacted by the sffeet clos~es that occu~ed d~g the Hi.way 99 C~ ShoW ~d S~eet F~re on October 25a, 26a ~d 27a, 2002. We sus~ed fin~cial losses ofappro~mately . ~o ~/o .. . Busings Add~ ~ " Date My business, ~- /~ffJ ~/~.-- ~,~'/~V~/~z/was negatively impacted by ~e s~eet closures ~at occu~ed dung th~ Hi.way 99 C~ .Show ~d S~e~t F~re on October 25~, 26~ ~d 27~, 2002. W~ sus~ed fin~ci~ losses of appro~mately ~ ~ . My business, ~[or~z d¢~o,/,,.s was negatively impacted by the street closures that occurred during the Highway 99 Car Show and Street Faire on October 25a', 26~ and 27th, 2002. We sustained financial losses of approximately /40 ~ .. Signature Title / ~/R ~,~~,- ~t/. //-~5 Business Address Date -ybus~ss, ,~~ T~S/o ~--C_._~_A~ was n~gativ~ly impa~ted by ~ s~e~t ~losur~s that o~u~ed d~g ~ Hi.way 99 C~ Show ~d S~et F~r~ on October 25',~ 26* ~d 27', 2002. We sustained fin~ial losses ofapproxim ~ly ~~ .. . .,/~ /~ ~. Busings Add~s ' ' Date My business, _ ~2)~'~ '~9 ~ kc, o~e_ was negatively impacted by the street closures that occurred during the Highway 99 Car Show and Street Faire on October 25a~, 26.~ and 27~, 2002. We sustained financial losses of approximately Signature Title Business Adt[ress - ' Date - My business, · was ncgati,~ely impacted by the street closures that occurred during the Highway 99 Car Show and Street Faire on October 25t, 26~ and 27"~, 2002. We sustained financial losses of approximately ~~~=~.,~rr-_,~. /r~ ~ ~~ ~/~ ~.,.~/~..,, .A ~ A,,~Title //- My business, ~ was negatively impacted' by the street closures that occurred during the Highway 99 Car Show and Street Faire on October 25~, 26~' and 27~, 2002. We sustained financial losses of approximately 6~,¢ . $ik, uature Title Business Address Date My business, ~/2 '~o_~ ,.J~~ : was negatively impacted by the street closures that occurred during the Highway 99 Car Show and S~eet Faire .on October 25~, 26~ and 27~, 2002~, We sustained financial I~,,~ ~Iq /~_~. . I/~ 2 q- Dz. Business Addre~ Date My business, /~ ~' 1~ 'S :~ ~ !,~ L~/'~z was negatively imputed by ~e s~eet elos~es ~at occ~ed during ~~i~way 99 C~ Show ~d S~eet F~re on Oetober~2~~ ~d 27~, 2002. We sus~med losses of approximately I 0 0 ~o · ~ Title ~~ ~ !/_ ~-o~ Busine~ Add~s Date My business, \r-/,,c~:~ ~c_~, ~,~, ~ - w~ negatively impacted by ~e ~eet clos~es that occu~ed d~g ~e Highway 99 C~ .Show ~d S~eet Faire on October 25~, 26~ ~d 27~, 2002. We su~ned fin~cial losses ofappro~mately ~'~ . Si Title Bus~ Add~ Date acgati,tely impacted by the street closures that occurred during the Highway 99 Car Show and Street Faire on October 25th, 26th and 27th, 2002. We sustained f'mancial losses of approximately "~ ~ My business, ~ was negatively impacted by the street closures that oCcurred during the Highway 99 Car Show and Street Faire on October 25~, 26th and 27~ 2002. ~ We Business Address Date My business, ~~~at/.~fm~ was negatively impacfefl by the street closures that occurred during the Highway 99 Car Show and Street Faire on October 25~, 26m and 27~, 2002. We sustained financial losses of approximately .. !~9d9~ . Signature Title I[-~_2-o2,. D~te My business, ~~7~. L ~ ~e.C~ ~__~ .was negatively impaCt4ed by the et closures that occurred during the Highway 99 Car Show .and Street Faire on October 25~, 26t~ and 27~, 2002· We sustained financial losses of approximately' · SignatUre Title Business Address My business, ,~_ o~~, (V~ o~,c was negatively impacted by the street closures that occurred during the Highway 99 Car Show and Street Faire on October 25~, 26~' and 27~, 2002. We sustained financial losses of approximately ~ _ Title Business Address Date My business, -'~ ¢ ee~ ~,~' e~ ' ~q' /k/t ~ c~- was negatively impacted by the street closures that occurred during the Highway 99 Car. Show and Street Faire on October 25"', 26"' and 27"', 2002. We sustained financial losses of approximately qo ~ _ Signature Title Business Add~s Date My business, ~ negatively impacted by the street closures that occurred during the Highway 99 Car Show and Street Faire on October 25~, 26~ and 27~, 2002. We sustained financial losses of~proximately ~~__~.__. :~ gnature T~tle /¢/~/~~$.. ~.~ ~ ,¥~/~ Business Address /~/Date My business, ~ was negatively impacted by the street closures that occurred during the Highway 99 Car. Show and Street Faire on October 25~, 26m and 27m, 2002. We sustained financial. losses of approximately_~~_~, . Business Address My business, '~-~e~r,,~',~~~~~_was negatively impacted by the sOeet ~ ~aat occurred during the Highway 99 Car Show and Street Faire on October 25~, 26~ and 27~, 2002. We Sustained financial lossesofa roximately ~(0 o . TiffS- . Date~ ~ 1~~~ negatively impacted 'by the street cl6Sures that occurred during the Highway 99 Car .Show and Street Faire on October 25t~, 26~ and 27~, 2002. We sustained financial losses of approximately Business Address Date My business, ~ ..... ~,.~ ~.,~ , was negatively impacted by the street closures that occurred during the Highway 99 Car. Show and Street Faire on October 254, 264 and 27'~ 2002. We sustained financial losses of approximately ~'t9 ~/ . - ~Tifie Si_gnatur% ~_~/.~ ~.~,.~t~....,,- ~_~,. ~ _ -I My business, {~u~L, ~.~ ~,~xo ~was negatively impacted by the street clo~r~s that occurred' during the Highway 99 Car Show and Street Faire on October 25t~, 26.th and 27~, 200:~. We. sustained financial losses of approximately. ~*[c3 Business Address '~)ate e Brotherhood of Locomotive Engineers I'lc:~c cool;Icl Y()l~r circled ol'fici:~[~ for lhe ~t:,lc ()1' Contact California ~overnor: SAFETY Address Correspondence to Governor: The .onorable Gray Davis ADVISORY State Capitol Building s~e~to, c~ 0s8~4 UNMANNED LOCOMOTIVES Remote Control Accident - Baton Rouge, LA vou & A DANGER Assembly Member: TO PUBLIC SAFETY LET YOUR ELECTED REPRESENrATII/ES KNOIF http://www.sen.ca.gov/ftp/sen/senplan/zip.hlp Tll.4T YOU ~RE VERY ~ONCERNED /~l~Ot~'t' Tttt~ htlp://www.assembly.ca.govlacs/acsframese~9lext I~OI'Ii,VTI,.IL D.,I,Y(/Eg, q' ,/1,%t~'0(:17'1:'1) II,'ITII ('ll,~ '1'1~o1,1, I:'1) I'IL,I I,Y ()I'I:'IL.I 1'1~1~,',~' TII,,t 1'/1 RI:' 1,111'LIf.IlI:'¥TI;I) I,Y ,,IA:l) ~¥1:',1# )'()[IR hltp://www.senate.[oW¢ont~ctin~/index.cfm /¥1flf,'llllOl~llOOll,~'. 1~1.1, TIlE,Il );flu [!"/IA:I' TR,Ih~':¥ The ~onor~ble (F.II N~me) United States Senate Iv )'o~'1~ /Y~/r/lfl~oaHool~ ('O,¥1'a~U, LIfI) I~' I'UI:' Washington, DC 20510 ~llO,Yl' I"I'I,L )' TIL,II~YED, ~IL,iI, II.'II:'D .'I/YI} Coill:lCl YOUR [I.S. I(eprcsenl:~livc The Ho,or,hIe (P,II N~me) U.S. Ho.se of Washington, DC 20515 Remote Control Accident - Hinkle, Oregon U.S. Capitol Switchboard: (202) 224-3121 The Brotherhood of Locomotive Engineers FOR MORE INFORMATION VISIT: believes and suppo~s thc position that this nation's railroads could avoid many accidents, http://www.ble.org/remotecontrol safety hazards and operating inefficiencies by or continuing to put control ot all locomotives in http://www.remoteinfo.org thc hands of thc most highly trained, skilled Or Contact and experienced operating craft employee in thc The BEE California Legislalive Board rail indust~.' Fu~hcr, this nation's railroads (530) 823-7510 hHp://www.calslb.com have not adequately responded to BEE's many The B of LE is Affiliated wilh the AFL-CIO safety concerns, including those associated with remote control. Coming Soon To A Neighborhood Near You~ UP, BNSF, CONRAIL, CSX, KCS, The BrotherhoodofLocomotive AND NS are currently implementing Engineers DemandSafe Train m..,,t,: ('~mirc, I {)pc,",l~ions (R('(>} at many of their major switching terminals Operations... across the country. /;~.t.(h't,~t[..y ~:u'~: Since implementing this new program many of these railroads have experienced nti~erous accidents. Remote Control Accident Hinkle, Oregon EVERY 90 MINUTES THERE ~IRE YOUR CltiLDREN IS A TRAIN· ACCIDENT ?INI) NlzlGHBOIIHOO[;' "' '' )3",[Al; "l:,' ? ..And You Should Demand Safe SOMEWHERE IN THIS TrainOperationsAs Well .t COUNTRY .... In spite of u.s. Department of Transportation's warnings about potential terrorist attacks on railroads, this nation's largest railroads are moving The Brotherhood of Locomotive Engineers is APPROXIMATELY EVERY TWO ahead With plans to remove skilled, fully trained warning communities across the U.S. of the WEEKS A TRAIN LOADED WITH and qualified Engineers from some trains: While potential dangers associated with Remote HAZARDOUS MATERIALS GOES OFF the airline industry is increasing security by placing Controlled Train Operations. THE TRACKS SOMEWHERE IN THE trained professionals in airports and on airplanes, l,ocomotivcs arc being operated wilhot~l li~llv U.S. RESULTING IN A SPILL AND this nation's railroads are taking Engineers off trained, qualilicd and experienced l_oco~otix,c some trains and running those locomotives by EVACUATION OF RESIDENTS LIVING Engineers on board and are bcint~ controlled remote control. Those locomotives have no one in ti'om a remote location by a person who wears ;t NEARBY ! the operating compartment and have no safety rcnlote control device sira.12pcd m'otmd ~hcir system installed to replace the eyes, ears and waist. The sal:t~.ty of this device is not proven! experience of a Locomotive Engineer. Despite a 2-14-2001 Federal Railroad Administration Safety Advisory that states, DON'T WAIT UNTIL A DEADLY ACCIDENT "FRA has limited data on which to base an ltAPPENS IN YOUR NEIGHBORHOOD ... objective safety analysis and must therefore proceed prudently," the railroads have chosen TAKE ACTION an irresponsible plan to implement remote CALL OR WRITE YOUR control operations at rail yards around the country, and have even tried to expand these CONGRESSMEN AND SENATORS operations to the main track. Train Deraihnent - North Little Rock, AR , I Ol REC'D & PLACED ON FILE AT COUN~!L ME~ING OF ' ',BrotherhOod of I-!_~ ~'~. - ,~ Locomotive Engineers - · . .......... ....:" $i~, ~865. A Tr~di:io, a/Full,rd 'l~i,~ing Public Safety Advisory UNMANNED LOCOMOTIVES: A DANGER TO PUBLIC SAFETY The BrotherhOod of Locomotive Engineers Demand Safe Train OPerations in the State of California And You, The Public, Should Demand Safe .Train · . Operations As Well.t The Brotherhood of Locomotive Engineers. is warning California residents of the potential dangers associated with .Remote .Controlled Train Operations. Locomotives are bein,~ operated without qualified and e.__~p~rienced Locomotive Engineers on board and are being controlled from a i'ezttote locatio;~ by insuf/~cientlv trained and inexperienced railroad employees. "On August 19ta rail commuters in Northern California will be put in harms way as Union Pacific Railroad begins takinF Federally Licensed and Certified Locomotive Engineers off tho. trains in their San Jose~ Oakland~ Sacramento~ and Roseville yard operations". Union Pacific and Burlington Northern-Santa Fe railroads are currently implementing Remote Control Operations (RCO) at many of their major switching terminals across the country..Railroads are ma/or tr'ansporters of t~.uc/e(~r waste, hazardous materials and chemicals. These deadtv materials }vii~ .~'oot~. be handled by Remote Control Ln a ne&hborhood near' you! Since implementing this new program the railroads have experienced numerous accidents. We ask that you, the public, contact your elected representatives to inform them· of your safety concerns. Appropriate phone numbers are on the back of this t~a~el NOV 13 2002 16:28 CITY OF BRKERSFIELD CLERK 681 323 3780 p.1 CITY oF BAKERSFIELD MAYOR Phone Term Expires COUNCIL COMMITTEES Harvey L Hall. Mayor '(O) 326-3770 Jan. 2005 BUDGET& FINANCE 1501 Truxtun Avenue FAX 326-3779 93301 Mike Maggard .~ Chair Harold Hanson -. Ward 1' ....... Mark Salvaggio ·, Mark C. Salvaggio (O) 326-3767 Nov. 2002 Vice Mayor (R) 834-6667 COMMUNITY SERVICES 2213 Woolard Drivd 93304 Jacquie Sullivan - Chair Sue Benham Ward 1 Irma'Carson Irma Carson (O) 326-3767 Nov. 2002 4300 Garnsey Ave. (R) 325-4327 INTERGOVERNMENTAL RELATIONS 93309 Irma Carson.- Chair · Mike Mag~ard Ward 2 . Jacquie Sullivan Susan M. Benham (O) 326-3767 Nov. 2004 '28 20=` Street (R) 325-8273 _ .,301 LEGISLATIVE AND LITIGATION · Sue Benham - Chalr David Couch Ward 3 Mike Maggard (O) 326-3767 Now 2002 Jacquie Sullivan 1501 Truxtun Avenue (R) 872-4729 93301 PERSONNEL Harold Hanson - Chair Ward 4 Irma Carson David R. Couch (O) 326-3767 Nov. 2002 Mark SalvaggJo 1501 Truxtun Avenue 93301 URBAN DEVELOPMENT Ward 5 David Couch - Chair Harold Hanson (O) 326-3767 Nov. 2004 Sue Benham · 8209 Sheffield Lane (R) 664-9241 Mike Maggard 933011 Ward 6 WATER RESOURCES Mark C. Salvaggio - Chair Jacquie Sullivan (O) 326-3767 Nov. 2004 4123 Pinewood Lake Dr. (R) 834-4943 David Couch 93309 Harold Hanson Council FAX (661) 323-3780 Map Output Page 1 of 1 City of Bakersfield http://ge~web.ci.bakers~e~d.ca.us/serv~et/~~m.esri.esrimap.Esrimap?Servi~eName=~vmap&... 1/13/03 OBrotherhood of Locomotive Engineers Sin¢~ ~86.f, A Trmtition of For~r~l T'hinkin~ Shreveport bans remote control locomotives CLEVELAND, December 12 - The city of Shreveport, La., became the third city in the United States to adopt legislation banning the use of remote control locomotives after a resolution passed by its City Council became effective on November 26. The Shreveport City Council's resolution is similar to remote control locomotive safety measures already adopted in Baton Rouge, La., and Detroit,-Mich. A fourth city council - in Greenup, Ky. - is also considering a similar public safety regulation. The Shreveport City Council adopted a resolution on November 12 - that became effective November 26 - outlawing the operation of remote control locomotives until certain safety considerations are met. The Shreveport City Council resolved that those safety considerations are: Any railroad operating a remote control locomotive must notify the Office of Mayor before implementing such operations. Remote control locomotives cannot be used to transport hazardous materials, switch cars containing hazardous materials, or switch other cars on or near tracks occupied by hazardous materials. Remote control locomotives cannot by operated over a public or pdvate highway rail crossing without a person occupying the cab of the locomotive who has the required skills to stop the locomotive and its attached equipment. A railroad must provide effective and reliable protection at the point of movement in any location accessible to the general public for any remote control operation. The resolution also calls upon the Federal Railroad Administration to pass comprehensive and enforceable regulations governing the operation of remote control locomotives. Michael F. O'Brien, Chairman of the Louisiana State Legislative Board, played a major role in passage of remote control safety legislation in Baton Rouge and Shreveport. He recognized the assistance of: BLE General Chairman Sam Parker, Kansas City Southern; Tim Windsor and Rodney Stutes, members of the BLE Mobilization Team; Bob Harvey, Regulatory Research Coordinator of the BLE's Washington D.C. Headquarters; Clifton Starks, President of BLE Division 599 (Shreveport, La.); and "everyone who has taken pictures and/or supplied written documented accounts of remote control locomotive incidents on the KCS and other carder properties." '~/ithout this information available for presentation, I doubt that a serious argument could have been made regarding the safety issues associated with remote controlled locomotives in either Shreveport or Baton Rouge," Brother O'Bden said. Resolution No. 165 of 2002, Introduced by Councilman Roy Burrell and voted Ayes-6, Nays-O, Absent-1 Adopted by City Council on November t2, 2002, Approved by Mayor on November 18, 2002 and effective on November 26, 2002 at 12:01 O'clock A.M. A RESOLUTION PROVIDING THAT NO RAILROAD SHALL OPERATE REMOTE CONTROLLED LOCOMOTIVES WITHIN THE BOUDRIES OF SHREVEPORT UNTIL CERTAIN SAFETY CONSIDERATIONS ARE MET AND TO OTHERWISE PROVIDE WITH RESPECT THERETO. Whereas: The City of Shreveport has a duty to provide for the public safety of its Citizens; and Whereas: Railroads operate within the geographic boundaries of Shreveport, over public and private highway rail crossings; over and around Cross Lake and other public water supplies, and on property accessible to persons of all ages and abilities; and Whereas: Railroad equipment is known to present significant danger to persons and property from collision, derailment, and possible release of hazardous materials; and Whereas: a significant bulk of Kansas City Southern (KCS) Railroad's cargo is petrochemical and hazardous materials traveling through and being switched in Shreveport; and Whereas: the United States government has issued a safety alert against vandalism and terrorists threats to railroads; NOW, THEREFORE LET IT BE RESOLVED by the City Council of the City of Shreveport, that no railroad shall operate remote controlled locomotives within the boundaries of Shreveport until all of the following safety considerations are met. 1. Any railroad operating a remote control locomotive must notify the Office of Mayor before implementing such operations. 2. Remote control locomotives cannot be used to transport hazardous materials, switch cars containing hazardous materials, or switch other cars on or near tracks occupied by hazardous materials. 3. Remote control locomotives cannot by operated over a public or pdvate highway rail crossing without a person occupying the cab of the locomotive who has the required skills to stop the locomotive and its attached equipment. 4. A railroad must provide effective and reliable protection at the point of movement in any location accessible to the general public for any remote control operation. Be It Further Resolved, That the City of Shreveport requests that in the interest of the safety of the Citizens of Shreveport that the Federal Railroad Administration (FRA) develop; comprehensive regulations for the use of remote control locomotives. Be It Further Resolved, that all remote control operations in Shreveport cease and desist until such time as the City of Shreveport, its agent, or assignee can study and have a plan in place for evacuation before such remote control is implemented. Be It Further Resolved, that if any item or provision of this resolution or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this resolution which can be given effect without the invalid provisions, item or applications and to this end the provisions of this resolution are hereby declared severable. Be It Further Resolved, that all resolutions or parts thereof in conflict herewith are hereby repealed. A RESOLUTION PROVIDING THAT NO RAILROAD SHALL OPERATE REMOTE CONTROLLED LOCOMOTIVES WITHIN THE BOUNDRIERS OF BATON ROUGE UNTIL CERTAIN SAFETY CONSIDERATIONS ARE MET. Whereas: the City of Baton Rouge and Parish of East Baton Rouge have a duty to provide for the public safety of its Citizens; and Wherea.,: railroads operate within the geographic boundaries of Baton Rouge, over public and private highway rail crossings and on property accessible to persons of all ages and abilities; and Whereas: railroad equipment is known to present significant danger to persons and property fi'om collision, derailment, and possible release of hazardous materials; and Whereas: a significant bulk of Kansas City Southern (KCS) Railroad's cargo is petrochemical and hazardous materials traveling through and being switched in .Baton Rouge; and Whereas: the United States Government has issued a safety alert against vandalism and terroristric threats again~ railroads: NOW, THEREFORE, BE IT RESOLVED by the Metropolitan Council of the City of Baton Rouge and Parish of East Baton Rouge, that no railroad shall operate remote controlled locomotives within the boundaries of Baton Rouge until all of the following safety considerations are met 1. Any railroad operating a remote control locomotive must notify the Office of Mayor-President before implementing such operations. 2. Remote control locomotives cannot be used to transport ha?ardous materials, switch cars containing hazardous materials, or switch other cars on or near tracks occupied by hazardous materials. 3. Remote control locomotives cannot be operated over a public or private highway rail crossing without'a person occupying the cab of the locomotive who has the required skills to stop the locomotive and its attached equipment. 4. A railroad must provide effective and reliable protection at the point ofmovemem in any location accessible to the general public for any remote control operation. Be It Further Resolved, That the City of Baton Rouge and Parish of East Baton Rouge requests that in the interest of the safety of the Citizens of Baton Rouge that the Federal Railroad Administration (FRA) develop comprehensive regulations for the use of remote control locomotives. Be It Further Resolved, That all remote controlled operations in Baton Rouge cease and desist until such time as Baton Rouge Emergency Preparedness can study and have a plan in place for evacuation before such remote control in implemented. Detroit's November 6 resolution reads as follows: RESOLUTION OF THE CITY OF DETROIT, MICHIGAN ON THE MATTER OF OPERATION OF REMOTE CONTROL LOCOMOTIVES BY RAHJROADS WITHIN THE CITY LIMITS OF DETROIT, MICHIGAN. Whereas: The city of Detroit has a duty to provide for the public safety of its citizens; and Whereas:. Railroads operate within the geographic boundaries of Detroit, over public and private highway rail crossings and on property accessible to persons of all ages and abilities; and Whereas: MAC yard at Jefferson Ave, that services Chrysler, reported cases of lost radio signals between the operator and the engine -- creating possible "runaway" train situations; and Whereas: Railroad equipment is known to present significant danger to persons and property from collision, derailment, and possible release of hazardous materials; and Whereas: A significant amount of rail cargo traveling through and moving within Detroit consists of hazardous materials; and Whereas: The United States government has issued a safety alert again.qt vandalism and terrorist threats against railroads; and Whereas: Operation of a railroad is traditionally conducted with the use of locomotives manned by individuals who are rigorously certified and qualified by the standard established in 49 CRF part 240 but have si~tmificantly less training, testing, and qualification; and Whereas: Railroads have requested from the Federal Railroad Administration (FRA), and been granted authority to operate unmanned (remote controlled) locomotives by persons who are certified under the same 49 CFR Part 240 but have significantly less training, testing, and qualification; and Whereas:' These remote controlled locomotives will be operated by railroads in the City of Detroit without limitations, by fewer employees who possess diminished qualifications; and Whereas: The FRA has issued "guidelines" and not regulations to provide for the implementation of these operations. THEREFORE: Be it resolved that no railroad shall operate remote controlled locomotives within the boundaries of Detroit until all of the following safety considerations are met: 1. Any railroad operating a remote control locomotive must notify the Office of Mayor before implementing such operations; 2. Remote control locomotives cannot be used to transport hazardous materials on or near tracks occupied by hazardous materials. 3. Remote control locomotives cannot be operated over a public or.private highway rail crossing without a person occupying the cab of the locomotive who has the required skills to stop the locomotive and its attached equipment. 4. A railroad must provide effective and reliable protection at the point of movement in any Iocation accessible to the general public for any remote control operation. 5. Locomotives within a consist of one or more remote controlled locomotives be provided with devices to secure the operating cab and its controls against terrorists, vandals and other unauthorized persons. 6. Remote control locomotives are equipped with a clearly marked external device outside of the operating compartment, which is capable of stopping the locomotive in the event of a runaway. 7. An effective track related mechanical device to stop a remote control locomotive in the event of a nmaway. Be It Further Resolved: That the Civ~ of Detroit requests that in the interest of the safety of the Citizens of Detroit that the FRA develop comprehensive regulations for the use of remote control locomotives, and that those regulations ensure the highest level of skill and qualification of persons operating remote controlled locomotives; and Be It Further Resolved: That all remote control mil operations in Detroit cease and desist until such time as the Detroit agency responsible for Emergency Preparedness implements a plan to provide for evacuation and emergency response before such remote control operations are implemented. ~, lvla~ysvllie, lvllcn, passes remote control satety resoluuon [urotnerriooQ o! LOComotive l~ngmeersj Yage i o! ~ OBrotherhood of Locomotive Engineers 5i~e ~86~, A Trmti~im~ ofFor'~,m.d Th/nking Marysville, Mich. passes remote control safety resolution CLEVELAND, December 20 - The City Council of Marysville, Mich., unanimously adopted a resolution calling for improved federal safety regulations to govern the operation of remote control locomotives. The December 2 resolution asks the Federal Railroad Administration to, "conduct a comprehensive and thorough review of the safety of remote control lOCOmotives and develop comprehensive regulations for the use of remote control locomotives..." The City Council cited its duty to provide for the public safety of its citizens as well as a U.S. Department of Transportation warning about possible terrorist attacks on passenger and freight railroads as reasons for adopting the resolution, according to BLE Michigan State Legislative Board Chairman Greg Powell. City Councils in Baton Rouge, La., Shreveport, La., and Detroit, Mich., have also passed resolutions asking the FRA to develop comprehensive regulations to govern the operation of remote control locomotives. However, the Baton Rouge, Shreveport and Detroit City Councils also asked the railroads to refrain from operating remote control trains until certain safety requirements have been met. The resolution, No. 32-02, reads as follows: WHEREAS, the City of Marysville has a duty to provide for the public safety of its Citizens; and WHEREAS, railroad equipment, including the use of remote control locomotives, is known to present significant danger to persons and property from collision, derailment, and possible release of hazardous materials; and WHEREAS, the United States Government has issued a safety alert against vandalism and terroristic threats against railroads; WHEREAS, the City desires to give additional instruction and direction to the City Manager; NOW, THEREFORE, BE IT RESOLVED, that the City of Marysville requests that in the interest of the safety of the Citizens of the City of Marysville that the Federal Railroad Administration conduct a comprehensive and thorough review of the safety of remote control locomotives and develop comprehensive regulations for the use of remote control locomotives to ensure the safety and well-being of the citizens of Marysville .will not be jeopardized by the use of such devices. Friday, December 20, 2002 bentley@ble.org http://www.bl¢.org/pr/ncws/pf_ncwsflash.asp?id=3658 12/24/2002 eBrotherhood of Locomotive Engineers Since ~86.~, A Trmlition o[ F~rd Thinking Media Release Contact: Tim Smith August 22, 2002 (530) 823-7510 UniOn Pacific, BNSF Unmanned, Locomotives Put Sacramento In Danger Locomotive Engineers Rally to Demand Safe Train Operations (Washington, 'D.C.) The Brotherhood of Locomotive Engineers, joined by members of the International Brotherhood of Teamsters, on Thursday warned Sacramento residents of the danger of Remote Controlled Train Operations in their communities during a demonstration in Sacramento, CA. Union Pacific (NYSE: UNP) and Burlington Northern-Santa Fe (NYSE: BN1) railroads plan to implement Remote Controlled Train Operations, where locomotives are operated without qualified and experienced engineers on board, in their San Jose, Oakland, Sacramento, and Roseville classification yards. Both rail companies are major transporters of nuclear waste, hazardous materials and deadly chemicals that pose' direct threats to the communities through which the trains travel. Despite recent U.S. Department of Transportation warnings about potential terrorist attacks on railroads, Union Pacific and Burlington Northern-Santa Fe are moving ahem with plans to remove skilled engineers, trained to respond to crises, firom their locomotives. "While the airline industry is increasing security by placing trained professionals in airports and on airplanes, railroads like UP and BNSF are taking federally-certified Locomotive Engineers off of trains and running the locomotives by remote control," said BLE Spokesman Tim Smith. "It makes no sense," Union Pacific and BNSF also have paid little notice to a Federal Railroad Administration safety advisory that warns that the "FRA has limited data on which to base an objective safety analysis and must therefore proceed prudently." The BLE believes that UP and BNSF could avoid many safety hazards and operating efficiency issues by using federally certified Locomotive Engineers in Remote Controlled Operations. Locomotive Engineers are the most highly trained, skilled and experienced employees in the railroad industry and are the only railroad employees who are required by the federal government to be licensed and certified to perform their duties. Currently, more than 60 Locomotive Engineer jobs have been eliminated in the U.S. while railroads including UP and BNSF -- in apparent cost-cutting strategies - insist on using employees with limited training and experience in Remote Controlled Operations. For more detailed information visit our website at: www.remoteinfo.org Danger Signs Remote Control.Operations coming to a neighborhood ' near you! By Onita Wayland, GIA I~,rnat~l Presid~ I ~tould like to thank Interna- ........... taki'ng place, are within many cities' alert the public about this danger. ~ional First Vice-President limits. An accident, especially One' ' .Becky Schneider for her GIA ........... involving hazardous materials, could I have attended two informational Dialogue in the last issue of the have disastrous consequences, not pickets regarding remote control. It Locomotive Engineers Journal. Most only for the railroad employees, but is surprising to be how little the families share this concern about for the public at large. We already public knows about this issue and it being the "Lone Ranger.' The have to share our highways with is up to us to inform them. Let's get lifestyle of railroad workers affects trucks that carry hazardous materi- on the phone and let's email people every member of the family and is als, which is dangerous enough, but to get the word out about this of great concern to this organiza- now we have to share our neighbor- danger. It is not just the railroad tion. hoods with trains being operated by families who are involved, but the railroad employees who have not public as well. We need our engi- We have another concern now-- been adequately trained to operate neers on .these controls. * remote control locomotives. The these remote controls. public -- all across the United States -- needs to be warned All of the nation's Class 1 railroads about the potential dangers are currently imibl'e'menting Remote associated with Remote Con- Control Operations at many of their trolled Train Operations. Loco- switching terminals across the motives are being operated country. Railroads are major trans- without experienced and quali- porters of nuclear waste, hazardous fled locomotive engineers on- materials and other chemicals. board, while insufficiently trained These deadly materials will soon be and inexperienced railroad ....... handle.d, by remote in a neighbor- employees are controlling trains hood near you. Since this program from a remote location... ..... was been implemented, the railroads . have experienced numerous acci- Remote control locomotives are dents. We, as spouses of railroad very dangerous. Many of the rail employees, need to get the word out yards where these operations are before any employees are killed and ~TT W~SER / THE ~RNIAN Tw .noteControlled locomotives sit alongside Edison Hi.way at Momlng'Drive In Bakersfield on Thu~day. Union Pacific Railroad,~ de~ .mg the new technolo~ in many switching areas despite opposition from railroad union mem~m, who fear remotely o~rated tml~. could cause more rail deMhs and accident. .Con oversial new m e' debut Remote-controlled locomotives'unsafe, critics charge By MATT WEISER "The good news is that it's well-proven C~i~,ni~n s~f ~er and established technology," Furtney con- ,~,~: mwe~bak~fleM,.~.~ linued. -it is a very safe system. It has been Remote-controlled freight trains, a con- used for many, many years in Canada and troverslal new technology already banned, we are confident it will have the same suc- in some cities and blamed for several cessrate down here.' deaths, made their debut in Bakersfield Union Pacific launched the technology Thumday amid warnings 'from local rail- throughout its system early last year. It will road engineers. ,be used mainly in switching yards to move Union Pacific Railroad delivered tw° of railroad cars and link up sections of tra~ the special' locomotives to Bakersfield The. company will begin training local Thumday, two weeks after a cbmpany ground crews to use thc new locomolJvcs sir -man sa/d t. he system would not be Monday, start/rig with a week of classroom de. edhere., inslm~ction and then a week of hands-on 'It ~ outwe are doingitin Bakersfield training ' and it will start 0n Monday,' said Mike Furt- Instead of having an engineer aboard the ney, the railroad's western region locomotive directly controlling pain move- 'spokesman, cormOSng an earlierstatement ments, the train is controlled remotely by a by John Bromley, the railroad's corporate member of the ground crew -- a Wainman A sign on the side of this locomotive Indicates that It director of public afrairs~ Please turn to TRAINS / B2 Is remotely c°ntrolled. "' TRAINS: Labor union says more than a dozen - people have been killed by the new technology C~ued~Bl sion involves a lzain carrying hazardous ql' switchman-- using a control panel worn materials, fm arpund the neck, not unlike a radio-con- ~ is basicidly a safety issue that we're Fr~ t~olled model car or plane. Trouble is, critics trying to make the public aware of," said say, the remote operators may not be able to Ronald Marney, legislative representative for m~ · s~e obstructions -- or people -- in a train's fl~e Bakersfield division of the Brotherhood on path from where they stand, o f Locomolive Engineem. 'It doesn~take too °' Leading the opposition is the Brotherhood much for a locomoUve to move to cause a lot tl~ of Locomotive Engineers union, which filed of damage.' " sm shit against the company last year to stop the Furtney said the unions have. no evidence technology. The union.caulions that people to support their claim that remote lrains are St~ cj~ossing Ix-acks and jumping between cars more acddent-prone. The 'company has '-an can be caught off-guard because they assume blamed the spate of accidents on human Ag £ Wain will only move with a human in the error, not the new technology. cab. It has compiled.a list of more than a 'They're going to conlinue to try to paint it dozen, fatalities that it blames on remote as something dangerous and evil, which it St~ t.,-ains, in addition to a number of amputa- isn't,~ Fuimey said. "We're going to continue at from, collisions and derailments, to do it and, in that process, make the Union 8 ' ~II~ere's going to be people nm over in Paciticamoreefficientmilroad.' off- Bakersfield, I can tell you right now,' said He .,;aid the system will only be used in Pn Larry 1Eredeen, an officer in the Bakersfield areas of Bakersfield where the railroad con- mi local of the United Transponalion Union and ducts switching operations, though onThurs- se~ a. Union Pacific conductor. 'Especially in the day he couldn't precisely define those area~ by Bakersfield yard, we've got tremendous tres- Train engineer jobs will be displaced by the p.asser problems. People are culling through technology, but Furtney said timt will occur of the yard all the time, walking across the through normal attfilion, not layoffs, p W0cks. What you'll have with these (remote Several cities have' banned remote-cow trains) is one end of the locomotive will be ~rolled locomotives within their boundaries, _ha ~ completely blind to anybody getting in front including Detroit, Mich., and Baton Rouge,' :, of it, and youql have people getling nm over. La. But Furtney called these actions symbolic i It's that simple.' because railroads are governed by federal I '- Compounding t. he problem is the fac~ that law. The Federal Railroad Adminis~on has the new locomotives are virtually indistin- issuedguideline~fortheoperationofremote- guishable from regularlocomo~ves. The only cona'olled a'ains, but no enforceable regula- ~ signilican[visual cueis asmall sticker at each tions. * endofthenewlocomotiveswarningthatthey The Burlington Northern Santa Fe Rail- are remotely operated, way also runs a lot of trains through Baker~ Noting that a lot.of switching occurs iu field, but spokeswoman Lena Kent said her highly populated urban areas, union mem- railroad has no plans to deploy remote-cow : ~. hers also warn of bigger problems if a colli- trolled trains here. .. OBrotherhood of Locomotive Engineers UTU member killed in remote control accident CLEVE~ND, August 27 -- A mem~r of ~e Uni~d Transpo~fion Union was killed on August 8 in an accident involving remo~ consol The ~li~ was ~e fou~ d~umon~d remo~ consol accident in August and ~e 12~ since March 7. . - ....... ,-,-~ ..... s=in~ while wo~mg in a Cloveland ama The mem~r, Ha~ M. ~w,.m?~ ~~~;~;s wo~ng as an engin,r and was lining up hich uses mmow coR~ol mill, w ...... - ~-~ ..... ~ of ~e ~m. He was ~ken W a h~pi~l ~l. ~.-- t~ 'h=Ul S~I WROR Re was plnn~ ~[w~..-~ ...... ._ where di~ from I~juRe8 8us~meo m ms a--=, ,=.=, ......... Cleveland Plain ~aler. The Brokered of L~omoUve Engineem exWnds i~ d~pest sympa~ies to ~e ~ends and ~mily of Broker L~w. In an apparent a~mpt to censor n~a~e info~aUon regaling mmoW consol operaUons, 'TU InWmaU°nal publish~ an obi~aw on i~ we~iW ~r Broker L~w, but neglec~ W ,mt ~e accident involved a mmo~ consol I~omoUve. ~ official wi~ ~e UniWd SWelwo~em of ~edca (USWA) has confi~ed ~at ~e accident invo~ a mmoW con~l I~omoUve. Mom de~ils will ~ available a~r a USWA sa~ Warn concludes i~ invesUgaUon of ~e ~11~. Aisc on August 8, five rail cam derailed in a mmoW consol mishap at CSX's Tilfo~ swishing yard in Atlan~. A remoW con,oiled I~omofive ran inW a ~ain ~ing assembled by wo~em using ano~er mmoW con,oiled engine, causing ~e cam to derail. No one was injured, according W ~e Aflan~ Joumal~onsU~fion. On August 6, soumes in ShelWn, Wash., m~ ~at a runaway remoW consol I~omoUve and several cam rolled downhill for ~ mil~ ~fom colliding wi~ a ~actor ~iler at ~e enhance of a lum~r mill. No one was injured in ~e acciden~ which occu~ed on ~e Puget Sound Pacific Railroad (s~ relaWd phoW}. Two mmoW con~l jo~ were involv~ in an accident in ~e ~n~s Ci~ So,em Ya~ in ~Wn Rouge, La., on August 10. One job was shoving ~e yard and shoved out ~e o~er end of ~ack, resulting in ~e derailment of a ~nker ~r and a collision wiffi a I~omofive on ~e lead. Th~ acciden~ occu~ just prior W ~e publicaUon of an inWwiew wi~ ~e Wp execuUv~ of CANAC, a major manu~rer of ~e mmoW consol devic~ used by many Class I railroads in the U.S. and Canada. In ~e a~cle, published in a Pi~burgh business magazine, ~e CANAC ex~ufiv~ expmss~ ~eir desire W ex,nd mmoW con&ol ~hnol~y W include over-~d o~raUons. "(BelWacks) could even ~ used in ~e fu~m W o~raW IocomoUve ~ains as ~ey ~avel count's mi~a~, not just i~ mil ya~," said Kevin Haugh, CANAC's vice president and chief commemlal ~er. oci~tcmocr zuu,, ~ .ocomouve r,,ngmeer l,~ewsleuer rage I O! 2 '' ' ' " " .200.2 SEFI'EMBER Railroader's leg severed in remote control mishap A railroader was in critical'but stable condition at Queen of the Valley Hospital in Napa Valley, Calif., on September ~9 after his left leg was crushed when two train cars collided at a switching yard on September 17. Kent Kahle, 46, an employee of California Northern Railroad Company, was attaching train cars to an engine using remote control when the accident occurred, Sheriff's Capt. Gene Lyerla said in the September 19 issue of the Napa Valley Register. Kahle was riding on one of the fiat cars used to transport containers when, for an unknown roason, an engine collided with the flatbed, knocking Kahle off the car and pinning him underneath it, Lyerla said. The accident occurred at about 2:20 p.m. at 498 Napa .1unction Road, the railroad company's locomotive storage facility 'and switching yard. When American Canyon firefighters arrived at the scene, Kahle was on the ground with major injuries to his left leg, Fire Chief Keith Caldwell said. "The firefighters immediately began first aid to control the bleeding," Caldwell said. Kahle was transported by a California Highway Patrol helicopter to the Queen, where he remains in the intensive care unit today (September 18). Police are still investigating the accident, Lyerla said. The United Transportation Union reported on its website that the victim is a UTU member, and that the California Northern Railroad Company is owned by Rail America. On August 6, a remote control accident took place on another Rail America subsidiary, the Puget Sound & Pacific in Shelton, Wash. Tn that instance, a runaway remote control locomotive and several cars rolled downhill for three miles before colliding with a tractor trailer at the entrance of a lumber mill. No one was injured. http://www, ble,org/pr/newsletter/OgO2newsletter/story3.html 1/15/2003 , ocp't~uzucr ~u~: l.,u~umuuv; r~ngm~-~r i'~wslctt~r rage 2 O! '2 No one was Injured on August 6 when a runaway Puget Sound & Pacific locomotive and several cars crashed into a tractor trailer before coming to a halt Just outside of a lumber mill in Shelton, Wash. The PS&P is the second Rail America subsidiary to endure a major remote control accident in the past two months. On September 27, a UTU member on the California Northern Railroad lost his leg In a remote control accident. © 2002 Brotherhood of Locomotive Engineers http://www, ble.org/pr/newsletter/O902newsletter/story3.html I/15/2003 Brotherhoodof Loco motl e= ,Eng inee rs Pedestrian's leg amputated in remote control accident CLEVELAND, September 16 - A pedestrian's right leg was amputated at mid-thigh as he became trapped climbing between cars of a Burlington Northern Santa Fe freight train in Galesburg, III. The train was being operated by remote control at the time of the accident on August 28. The victim, Anthony Jones, is a resident of an extended care facility for people with disabilities in the Galesburg.area, according to Eric Holland, an attorney with the law firm Rathmann & Holland, LLC. According to police reports obtained by the BLE, officers found the victim's right leg 50 feet to the south "' of where his body finally came to a rest. Police also discovered toes from his right foot 75 feet north of , the body. Witnesses said the freight train had come to a halt and blocked the intersection of Mulberry and Chambers Streets in Galesburg. Jones climbed between the cars but, apparently, part of his clothing became snagged on the train and he could not free himself. According to police reports, a witness saw Jones running between the cars as the train was backing up. The witness then said Jones was pulled under the train at least twice before it came to a halt. The train was being operated by two remote control operators at the time of the accident. The train was 5,476 feet long and consisted of 104 cars. The front remote control operator moved the train north out of the yard and then turned over control to the rear remote control operator. After turning over control of the train's south movement to rear operator, the front operator was flagged down by a pedestrian and told of the man trapped between the cars. The train was then stopped and they noticed the victim alongside the tracks. Police reports estimate that Jones became trapped where the track crossed Chambers Street. His body was found 535 feet from this reference point, while his severed right leg was found an additional 50 feet south of the body. The remote control was clearly a contributing factor in the accident, Holland said. Holland said a locomotive engineer behind the throttle would have sounded the train's horn before backing up into the yard, which may have given the victim enough of a warning to get away from the train before the movement started. In addition, Holland said valuable seconds were lost when the front remote control .operator signaled to the rear operator to stop the train. The time lost in communicating between the two remote control operators may have meant the difference between Mr. Jones keeping his leg and having it amputated. According to his records, Holland said BNSF had been warned about pedestrians climbing through stopped trains at that grade crossing several times in the past. Holland finally noted the fact that the remote control train was moving through a public highway-rail grade crossing .at the time of the accident, which contradicts management claims that remote technology would be confined to yard areas only. The Brotherhood of Locomotive Engineers has conducted a series of informational demonstrations throughout the United States this summer in an effort to draw public attention to possible dangers associated with the use of remote control locomotives operated by unqualified personnel. Monday, September 16, 2002 bentley~ble.orcj eBrotherhood of Locomotive Engineers $inc~ ~86~, A Tradition o[ Feru~rd Remote control train derails, lands on bridge ROMEOVlLLE, III. - A remote control train derailed here on May 19, landing on the eastbound lane of the 135th Street bridge, the (Joliet, III.) Herald News reports. Romeovilis police said the train carrying freight into the Mldwsat Generation Plant went Over the end of a switching track and came to rest on the road around 2:40 p.m. Rex FredHckson of Romeoville wes in the area at the time. "It appeared that if the locomotive was going four or five miles more, It would have been pushed into the canal," FredHckson said. "Men fishing in the canal were probably the first to call Romeoville police. Police arrived on the ecene immediately, and traffic wes beck to normal in a short time." Doug McFarlan, spokesman for Midwest Generation, said the train was carrying coal and went through a fence. Two of the four lanes of the bridge remained open to traffic for moat of the evening. The entire bridge was scheduled to be closed for a couple of hours sometime after 10 p.m. Sunday night to remove the train. Both the Union Pacific and Burlington Northern railroads carry coal into the Midwest Generation plant. "When the trains are in our yards, we are responsible for them," McFarian said. '~Ve operato them by a remote-control system. There was no driver and no traffic on the road at that time. It is possible that the remote control malfunctioned. It is too coon to say exactly what happened." No one was Injured in the crash, and the exact cause is under Investigation. Wednesday, May 22, 2002 bentley@ble.orc~ httD: //www.ble.orq / Dr/news/headline.asp?id = 3480 © 2003 Brotherhood of Locomotive Engineers httD:llwww.ble.orc] 'March 11, 2002 > > Remote plays role in power station rail crash > > MICHIGAN CITY, Ind. -- A'runaway train plowed through NIPSCO's Michigan City Generating Station Thursday morning (March 7), hitting another locomotive after the second locomotive's engineer narrowly jumped to safety, the Michigan City News Dispatch reported. A The unmanned eastbound diesel-electric engine, known as Big Blue, was pushing six coal cars when it approached the coal drop-offarea at about 30 m.p.h, at 7:15 a.m., NIPSCO workers said. The train was operating under a remote-controlled system that has been in place for less than a year, they said. But the train pushing well in excess of 1.5 million pounds, including coal and did not respond to radio controls and smashed through the enclosed thaw shed and coal rotary dumper. Workers said the standard procedure is for the coal trains to travel only 1 m.p.h, within the last 100 yards approaching the rotary dumper. ~ remote control wouldn't respond. It went right through the rotary dumper and smashed into the other train on the east end," said an employee of Michigan City's Generating Station, who asked not to be identified. "He (the en~neer of the second locomotive)jumped offand ran away before it was struck." The impact sent the second train, known as Old No. 12, about 200 feet, crashing through a fence and uprooting a bumper post intended to halt runaway trains. The wreck also ripped the track's rails and dislodged No. 12's snow blade, similar to the old-style cow catchers, A company official said the accident was caused by a malfunctioning switch, making no reference to the remote control system. "There was a switch malfunction that controls and stops the locomotive that brings in coal," explained NiSource spokesman Bill Keegan. NIPSCO is a wholly-owned subsidiary of NiSource, based in Merrillville. "There was minor damage to the locomotive. It did not affect our operations. There were no injuries, and the appropriate parties are investigating the situation." Employees at the plant said they were appalled by the accident, adding the remote-controlled system was not designed for the current engines. They also saidtwo other accidents have occurred at the Michigan City Generating Station's coal handling department within the last two months. One remnant still is visible, where a coal car is lying on its side. 'The biggest thing here is there really could have been someone killed here," a 20-year employee said Thursday afternoon, requesting anonymity for fear of reprisals fi.om NIPSCO management. "Luckily, we have some very experienced people out there and they know the hazards" "We complained about the safety aspects of it," said another generating station employee requesting anonymity. "The company had a meeting and assured us it was fail-safe." That worker said the system was designed so when the remote-controlled engine receives no signal, its brakes should automatically engage. "If it loses its radio signal, it's supposed to stop," he said. "They tried everything they could to stop it, but the train just kept coming." Another employee said he recently filed a Safety Reporting Form related to safety issues at another NIPSCO site. He said NIPSCO management rejected the proposal, saying it was too voluminous. "They said it had to much commentary and management refused to answer it," the employee said, also requesting anonymity. "For the last four to five years, they've basically shut down all communications with the union that represents the workers at NIPSCO. 'It's our plant, we'll decide how we're going to mn it,' that's been their attitude consistently. What we're saying is you're running it in a way that jeopardizes the safety of the workers that work there. '~NIPSCO is not very receptive when it comes to dealing with safety issues these days. It didn't use to be like that, but that's where we're at now. That's reckless. They have no responsibility for the people who work for them anymore, nor for their customers." CHAR'IHER 'I exercising or consenting to, and the City is hereby autho- the vacancy by appointment for the remainder of the rized to exercise, any and ail fights, powers and pfivileg- unexpired term. If a vacancy occurs in the Council at a es heretofore or hereafter granted or prescribed by general time more than six months prior to the date of the next laws of the state, and the City shall have all powers that general election for the vacant Council seat. a petition now are, or hereafter may be granted to municipalities by requesting a special election may be filed with the Court- the constitution or laws of the State of California; and all ' cil. Such petition must contain the signatures of qualified such powers, whether expressed or implied, shall be electors of the ward equal in number to not less than exercised and enforced in the manner prescribed by this twenty-five percent of the vote cast for Councilmanic charter, or when not prescribed herein, in such manner candidates 'of that ward at the last general election, and as shall be provided by ordinance or resolution of the the signatures thereto shall be verified and certified in the Council. The enumeration of particular powers by this same manner as provided for petitions for recall elections. charter shall not be held or deemed to be exclusive, but, If the petition is valid the Council shall call a special in addition to the powers enumerated herein, the city shall election to fill the vacancy, to be held not less than ninety have, and may excise all other Powers, which, under the days nor more than one hundred eighty days following constitution and laws of California, it would be competent the certification of the petition to the Council. In the for this charter specifically to enumerate. (Amended event that a valid petition requesting a special election is November 6, 1962) filed, the Council may within two weeks after the petition Public Entertainment is fried, make an interim appointment to ~l the vacancy, until the results of the election are certified. If no petition Section 13. The City may appropriate money for any requesting a special election is filed within four weeks or all of the following purposes: reception and entertain- after the vacancy occurs, the Council shall ~l the vacan- merit of public guests, assistance of public celebrations cy by appointment or by special election for the remain- held by the City, largely to aid or carry on the work of der of the unexpired term. (Amended November 8, 1988: inducing immigration to the City; and generally, for the amended November 3, 1964) purpose of advertising the City. (Amended November 8, 1988) Qualifications of Councilmen Section 17. Members of the Council and candidates Legislative Powers of Council thereof shall be residents of the City and of the ward Section 14. The legislative powers of the City except which they represent or seek to represent at the time as reserved to the people by this charter shall be vested nomination papers are issued and throughout their entire in a Council of seven members, one to be elected from term of office. Should any Council member remove his each of the seven wards of the City by the electors there- or her residence from the City or from the ward from of, and a Mayor elected from the City at large. The which he or she is elected, he or she must immediately Mayor shall have the right to vote on all matters when resign fxom office. Council members and candidates shall the vote of the Council results in a tie with the exception also be qualified electors at the time nomination papers of votes on any actions taken under Sections 34, 37.5 or are issued. Council members shall not hold any other the last paragraph of Section 136 of this Charter. public office incompatible with their duties and ~all not (Amended November 8, 1988: amended January 11, be interested in any contract, job, work or service of the 1957) municipality as such interest is or may be defined by Term of-Office California state law. No member of the Council shall, except insofar as necessary in the performance of the Section 15. Councilmembers shall be elected for a duties of his or her office, directly or indirectly take any term of four (4) years and shall serve until their succes- part in the appointment, promotion or dismissal of any sots are elected or appointed and hay6 qualified. (Amend- officer er employee in the service of the City. other than ed November 8, 1988: amended June 8, 1982: amended officers or employees of the employees of the Council. March 3, 1981) (Amended March 26, 1996: amended March 3, 1981) Vacancies in Council Salary of Councilmen Section 16. Vacancies in the Council shall be filled in Section 18. The salaries of the councilmen first elected the following manner, except when caused by recall under this charter shall be Fifty Dollars per month. election. If a vacancy occurs in the Council at a time less Thereafter the Council may, by ordinance submitted to than six months prior to the date of the next general election for the vacant council seat. the Council shall fill ('Bak~fi¢ld 5-00) C-2 a referendum at any municipal election, change the salary performance of the duties outlined above, except for the of members of the Council.* regular .salary paid to the Mayor by the City. On any and ail legislative matters, the Mayor shall * laca-~t~l to $100. per month, see Section 2.68.010. vote only in case of a tie vote of the CoUncil. (c) The Mayor shall perform the duties of the office Meetings of the Council of Mayor as set forth in this Charter and, as of the first Section 19. On the second regular meeting following day of the month following the effective date of this the General Municipal Election, the newly elected and amendment, shall receive an annual salary of Twenty-four qualified Council members shall assume the duties of Thousand Dollars, payable in equal monthly installments, their office. Any four Council members or the Mayor except as hereinafter provided. At the beginning of each may call special meetings of the Council upon notice to fiscal year, the Council shall approve appropriate funds each member. Such notice shall state the subjects to be for the reception and entertainment of public guests by considered at the meeting, and no other subjects shall be the Mayor. there considered. All meetings of the Council .shall be (d) An office in the City Hall shall be provided for public except those meetings exempted by law from the Mayor for the conduct of.his official duties. (Amend- being open to the public, and any citizen shall have ed November 3, 1964) access to the minutes and records thereof at all reasonable (e) The Mayor shall be provided with a fulltime times, position providing secretarial and administrative services, The Council shall determine its own rules and order the salary for which shall be set by the Council, commen- of business, appoint its own committees and shall keep surate with the salaries for other similar positions. a minute book of its proceedings. (Amended March 3, (f) The Mayor shall be a resident of the City and a 1981) qualified elector at the time nomination papers am issued. In all other respects, his qualifications 'shall be as set Mayor and Vice-Mayor of Council forth in Section 17 of this Charter. (Amended .March 3, Section 20. (a) Notwithstanding any other provision 1981) of this Charter to the contrary, the provisions of this (g) The office of Mayor shall be first in order of section shall govern as to the office of Mayor. The May- precedence on the municipal ballot and shall be separate- or shall be elected by the qualified electors of the City ly designated. and shall hold his office four years from and after the 0a) Ail nominating petitions for the office of Mayor first Monday of January subsequent to his election, and shall be filed with the City Clerk within the time pre- until his successor is elected and qualified, unless sooner scribed by the California Elections Code governing nomi- removed from office by recall or otherwise. Except as nation for any elective office of cities. otherwise provided by this Charter or by ordinance here- (i) The form of declaration of candidacy, the nomi- after enacted, the mode of nomination and election of the nation petition and the requirements of certificate, shall Mayor shall be the same as set forth in the Elections be substantially the same required by the California Elec- Code and Government Code of the State of California for tions Code for other elected officers of the City. nomination and election of Councilmembers. (j) Following a general municipal election at the first (la) The Mayor shall be the official head of the City meeting and upon assuming the duties of the office of for all legislative policy and ceremonial purposes, and Councilman,-each new Council shall elect one of its shall execute all legal instruments and documents, and members Vice-Mayor oft he Council. (Amended Novem- shall preside at all meetings of the Council. The Mayor bet 3, 1964) shall not be Vested with adrninistratiye authority and shall (k) During the temporary absence or disability of the not in any way interfere with the activities and authority Mayor, the Vice-Mayor of Council shall act as Mayor pro of the City Manager, nor shall the Mayor use the authori- tempore, without pay, for a period not'to exceed thirty ty of that office to direct the activities of any department consecutive days. Thereafter, said Mayor pro tempore head or any employee of any department of the City. As shall receive per diem pay to be deducted and based upon one of the duties, the Mayor shall promote and increase the monthly installments of compensation provided for the economic and industrial base of the City, in coopera- the Mayor until duly qualified Mayor shall again resume fion with any existing economic development agencies or his official duties, at which time he shall again receive organizations. The Mayor shall not receive additional his monthly installments, or his pro rata share tl~reof, as compensation, from the City or from others, for the the case may be. (Amended November 3, 1964) CHARTER whose term of office shall be at thc pleasure of the Coun- Appointment of Officers cil. Section 38. Except as otherwise provided in this Char- 3. The Council may appoint such other officers as ter, the City Manager shall appoint all officers of the may be created by ordinance. (Amended November 8, City. (Amended November 8, 1988: amended November 1988: amended November 3, 1964) 3, 1964) City Manager Duties of Appointive Officers Section 35. The City Manager shall have general Section 39. The Council shall define the duties of supervision and direction of the administrative operation appointive officers, where not otherwise provided for in of the city government, this Charter, and where practicable, the duties of two or more officers may be performed by the same person. Duties of Manager Section 36. The duties of the Manager are: Finance Director 1. To see that all the laws and ordinances are faith- Section 40. The duties of the Finance Director shall fully enforced by the heads of the departments; be: To certify to the Treasurer the amount due to the 2. To attend all meetings of the Council at which City, from any source, and the Treasurer shall not receive his attendance may be required by that body; such money unless such certificate shall have been pre- 3. To recommend for adoption to the Council such sented and filed, showing the amount, from what source measures as he may deem necessary or expedient; the indebtedness has arisen, and to what fund it should 4. To keep the Council fully advised of the financial be apportioned; to keep a complete set of books, showing condition of the municipality and its future needs; the balance of money in the treasury, and the amount 5. To prepare and submit to the auditor a tentative charged against each officer or employee; to prepare, budget for the next fiscal year, countersign and deliver, from time to time, as may be 6. To appoint and remove, except as herein other- required, to the proper officer, agent or employee, all wise provided, all officers and subordinate officers and licenses and receipts, charging such officer, agent or employees. Of the Department, in both the classified and employee therewith, and taking his receipt therefor; to unclassified service; all appointments to be upon merit draw and sign all warrants upon the treasurer for the an(~ fitness alone; payment of any demand against the City, when allowed 7. To exercise control over all other departments by the Council, or proper board or officer. No warrant and divisions that may be hereafter created by the Coun- shall be drawn, except upon a written demand, as afore- cil, and assigned to his management, not in conflict with said which shall be filed and kept in the office of the the provisions of this charter; Finance Director, with the date of filing, when allowed, 8. To investigate all complaints, in regard to the and the name of the person holding the original demand service maintained by any and all public utilities in the against the City. He shall, upon the death or removal or City, and to take such proceedings as may be necessary expiration of the term of any officer handling any funds to correct.the abuse, if any. ' of the City, or being charged with any such funds, exam- ine the accounts of such officer or employee, and report Salary of the Manager and Attorney the result of his examination to the Manager. (Amended Section 37. The City Manager and City Attorney shall November 8, 1988: amended April 21, 1941) receive such salaries as may be fixed by the Council and before entering upon the duties of office shall take the Authority and Power of City Clerk and Deputy City official oath required by this attic.lc. (Amended November Clerks 8, 1988) Section 40 1/2. The City Clerk and Deputy City Clerks are authorized and empowered to administer official oaths Removal of City Manager and City Attorney to the various city officers, and to administer oaths to Section 37.5. The City Manager and City Attorney witnesses in hearings before the Council or any municipal may be removed from office by the aff'u-mafive votes of Trial Board or Commission, and they are further autho- four members of the Council. After such removal and not rized and empowered to issue subpoenas for witnesses to later than thirty days thereafter, they may request and be used at any of said hearings. (Amended April 21, secure within such time, a public heating before the 1941) Council to speak in their own behalf. (Amended Novem- ber 8, 1988: adopted November 3, 1964) C-5 in ~ behalf. (Amended June 2, 1992: amended Novem- CIVIL SERVICE FOR OFFICERS AND bet 8, 1988) EMPLOYEES IN TIlE MISCELLANEOUS DEPARTMENTS OF ~ CITY OF Trial Board BAKERSFIELD Section (200) 18. There is hereby created, for the purpose of hearing and determining charges made against (Amendment to the Charter of April 6, 1931) an officer or member of the F~re Department, a Board to be known as the Trial Board, which shall be composed Creation and Establishment of Civil Service of the members of the Ci¥il Service Board. The verdict Section (208) 1. There is hereby created and estab- and judgment of a majority of the Trial Board shall be fished Civil Service for all officers and employees of the £mal. If the accused be found guilty., the Trial Board may City of Bakersfield, excepting elective officers, the City dismiss him fxom the service of the City or inflict such Manager, the City Attorney, members of the Police and other punishment upon him as in the judgment of the F'are Departments, and members of all boards and corn- Board Shall be adequate; provided, however, that should missions, which shall be known and designated as "Civil an officer or member of the F~re Department be found Service for Officers and Employees in the MisceI~neous guilty of a charge of dinrn~:enness on duty, the TI'~I Departments." Board must dismiss him fxom the service of the City.. If (Amended November 8, 1988: amended April 21. an officer or member of the F'a'e Deparunent be convicted 1941) of a felony or malfeasance in office, or be adjudged insane, or absent himself fa-om the City for more rha~ ten Appointment of Civil Service Board (10) working days without leave, the Trial Board ~hall, Section (209) 2. The Civil Service Board shall consist upon the recommendation of the City Manager, declare of five (5) members, appointed by the City Council, who his position or of£1ce vacant and the vacancy shall be nhall be residents of the City tl~oughout their terms, but £~lled as heretofore provided. (Amended November 8, who otherwise shall have no connection with City Gov- 1988) eminent. Members shall be appointed for temas of three (3) years. Vacancies shall be t'filed by appointment for (Section"201 was repealed on November 8, 1988). the unexpired tenn.-Within sixty (60) days after rati£~ca- tion of ~ amendment, the City Council shall reappoint Limitation of Employment two incumbent members for terms of three (3) years, two Section (202) 20. An officer'and/or employee of the incumbent members for terms of two (2) years, and one Fire Department may engage in outside employment, (1) incumbent member for a term of one (1) year, the business, profession, occupation, trade or calling, only If three (3) year term to be that of the incumbent with the it is determined by the F'~re Chief, or his designee, pm'su-longest remaining term, the one (1) year term to be that ant to guidelines establi_~ed in department rules and of the incumbent with the shortest remaining term. Mere- regulations, that such outside employment, business, be~ may be removed fxom office in the same manner as profession, occupation, trade or ¢~lling will not interfere are elective officers of the City or by unanimous vote of with the performance of his duty. as an officer and/or the Council members allowed by law to vote. employee of the Fire Department, will not be dewimental (Amended November 8, 1988: amended November 6, to the interests of the City and/or the Bakerst'aeld ~'~re 198~) Department, and will create neither a conflict of interest, a potential conflict of interest, nor the appearance of a (Section 210 was repealed on November 8, 1988). conflict of interest. All officers and/or employees of the Fire Deparmaent shall be available for duty at any time. Duties of Civil Service Board (Amended June 2, 1992: amended November 8, 1988: Section (211) 4. The Civil Service Board shall, subject amended November 8, 1983) to the approval of the City Council, formulate rules and regulations governing selection, promotion, and discipline (Sections 203 and 204 repealed November 5, 1968). of officers and employees of the City of Bakers£~eld, excepting elective officers, the City Manager, the City (Sections 205t207 were~ repealed on November 8, Attorney, members of the Police and F'n'e Deparmaents, 1988). and members of all boards and commissions, which rules shall, to the extent deemed feasible by said Board, be consistent with such rules of the other two Civil Service C- 15 ~-~a~ s-oo) CHARTER Boards. The Council may recommend amendment or (Sections 212 and 213 were repealed on November 8, repeal of existing rules and adoption of new rules to said 1988). Board. It shall be the duty of the Civil Service Board, or their designee, to hold examinations and to administer Probation Period other suitable tests to applicants for positions in the Section (214) 7. Appointxnent or promotion to employ- several departments affected by this amendment for the merit or rank shall not be deemed complete until a period purpose of determining their fitness for such positions, of probation not to exceed six (6) months has elapsed, No member of such Board shall sit as a member of the not necessarily continuous. Periods of any unpaid leave ratings panel for any oral examination, and periods of any paid disability leave shall not count All officers and employees in the several departments towards completion of the term of probation. Should affected by this amendment, having gained valuable appointees fail to complete the promotional probationary experience in the course of their service for the City, period, they shall return to their former pemmnent posi- shall receive a certain added grade over applicants not in tion. (Amended November 8, 1988: amended April 21, the employ of the City at the time of the examination, 1941) such added grades to be fixed by the Civil Service Board for each year or portion thereof such employee has had (Section 215 repealed January 15, 1959). experience in a similar or comparable position with the City of Bakersfield. Such added grade shall not be al- Suspension and Removals lowed to applicants not attaining a passing grade in the Section (216) 9. The Department Head or his/her examination, designee, may suspend from duty for cause for a period Examinations of all candidates shall be practical in not to exceed thirty (30) days in any one instance, any their character and shall relate to those matters only officer or employee affected by this amendment. Any which will fairly test the relative capacity and ability of officer or employee suspended shall receive no salary or the persons examined to discharge the duties of the posi- wages for such suspension period. t. ions to which they seek to be appointed or promoted. No When, in the opinion of the Department Head or questions in any examination shall relate to political or his/her designee, any officer or employee affected by this religious opinions or af£tllations, amendment acts, or fails to act in such a way as to justify All · subordinate officers and employees in the his/her demotion, suspension or dismissal on any of the departments shall be appointed by the head of the depart- grounds mentioned in this article, the Department Head ment in which the vacancy occurs, with the approval of or his/her designee shall suspend such officer or employ- the City Manager. ee and declare his intention in writing to f'de charges All officers, subordinate officers and employees ia the against such officer or employee seeking demotion, sus- several departments affected by this amendment shall be pension or dismissal. Such charges must be in writing chosen from a list of eligibles furnished by. the civil and shall be prepared or caused to be prepared by the Service Board to the Depamnent Head or his/her Deparanent Head or his/her designee. A copy of such designee and shall contain the names of all candidates charges shall be served on the accused, who shall within who attained a passing grade in the examination, in the ten (10) days after such service, file his answer to said order of their relative standing. If, in the opinion of the charges in writing with the Deparaxtent Head or his/her Civil Service Board, any of said candidates become designee. Failure to answer said charges within ten (10) ineligible, the Civil Service Board shall strike his name days time shall be held to be an admission of the charges from the list and advise the Department Head or his/her by the accused and a waiving of hearing; whereupon the designee of such action. The appointment must be made Civil Service Board shall find the accused guilty as from the three highest standing candidates on the eligible charged and he shall be demoted, suspended or dismissed list at the time of appointment. Any person Carried on the from the City of Bakersfield as of the date of his sus- eligible list for a period of one (1) year, unless extended pension by the Department Head or his/her designee. by the Commission, without being appointed or promoted No officer or employee who has successfully complet- shall be dropped from said eligible list and shall not be ed the applicable period of probation shall be removed eligible for appointment or promotion without re-exami- or discharged from the service of the City of Bakersfield nati°n. (Amended June 2} 1992: amended November 8, except for cause, upon written charges, and after aa 1988: amended April 21, 1941) opportunity to be heard in his own defense. Demotion, suspension or dismissal may be upon any of the following grounds: incompetency, habitual intem- (Bak~fi¢ld $-00) C- 16 2.68.010 Chapter 2.68 COUNCILMEMBERS' SALAIIlF, S 2.68.010 Monthly salary. 2.68.020 Daffy salary for board of eqmdiT-~fiOU and budget meetings--Number of days limited. 2.68.010 Monthly salary. The salary of councilmembers shall be one hundred dollars per month. (Ord. 1079 § 1, 1956: prior code § 2.12.010) 2.~.020 Daffy salary for board of equalization and budget meetings~Number of days limited. Each councilman shall be paid twenty dollars per day while sitting as a member of the board of not to exceed five days, and while meeting to determine the annual budget of thc city for the ensuing fiscal year, not to exceed five days. (Prior code § 2.12.020) 63 2.72.010 and seasonal employees. (Ord. 2782 § 2, 1982; Ord. 2589 1. Class Title. A brief and descriptive designation § 1, 1980; prior code § 3.14.050) of the type of work performed; 2. Nature of Work. A general description of the 2.72.020 Merit principle for appointments work and responsibility of the class or position; and promotions. 3. Illustrative Examples of Work. Duties of the A. All appoinunents and promotions with the classi- class or position listed as some, but not inclusive, exam- fled service of the city shall be based on merit, efficiency ples of the typical kinds of work performed; and fitness to be ascertained so far as practicable by 4. DesLrable Knowledges, Abilities and Skills. A competitive examination, description of those factors of education and skill needed B. Employment with the city shall be subject to the for adequate performance of the duties of a class or work performance, compliance with regulations and work. position; requirements of the city. (Prior code § 3.14.010) 5. Desirable Experience and Training. A description of the background of experience and training that would 2.72.030 Fair employment practices for. ordinarily prepare an employee entering into a specific appointments or removals, class or position. No appoin~nent to or removal from any class or B. Necessary special qualifi~ons may be added to position within the city service shall be affected or influ- a class or position where the performance of duties re- enced in any manner by a consideration of race, creed, quires a specific license, certificate, permit, or skill. religion or national origin. (Prior code § 3.14.020) C. The class specifications must receive the approval from the appropriate civil service board and be adopted 2.72.040 City manager designated as by the council of the city. New class specifications, personnel director, modification, or abolishment of existing class specifica- A. The city manager shall be designated as the tions may be made upon the recommendo_6on of the personnel director of the city. personnel director and the appropriate civil service board B. The personnel wansactions shall be subject to with approval of the city council. Department heads may approval of the city manager., request review or new class specifications, modification, C. The city manager shall provide such clerical or or abolishment of existing class specifications upon secretarial services to the civil service boards as may be written request to the personnel director. (Prior code § necessary to carry out their functions. (Pri°r code § 3.14.060) 3.14.030) 2.72.070 Reclassification. 2.72.0~0 Personnel a~tration. A. If determined by the city manager and approved A. In accordance with Section 17 of the Charter of by the city council that the duties and responsibilities of the city, no member of the council shall, except insofar an employee within a class are sufficiently like the duties as is necessary in the performance of the duties of his and responsibilities of a position' of another class, the office, directly or indirectly take any part in the appoint- position may be reclassified to an appropriate position. ment, promotion, or dismissal of any officer or employee B. The employee affected is subject to certification in the service of the city other than officers or employees of the appropriate civil service board. (Prior code § of the council. 3.14.070) B. Administration of personnel and compensation policies shall be the responsibility of the city manager as 2.72.080 Adoption of civil service rules. authorized by the Charter of the city, the municipal code, Rules establishing equitable and uniform procedures and the administrative rules and regulations, and in con- for the conduct of examinations, certifications, and hear- formance with established civil service procedures. (Prior ings for employees shall be formulated by the miscella- code § 3.14.040) neous, police, and fire civil service boards in confor- mance with the Charter of the city. (Prior code § 2.72.060 Class specifications. 3.14.080) A. It shall be the responsibility of the personnel director or authorized representative to prepare a written 2.72.090 Adoption of administrative and description of each class or position within the city ser- departmental rules. vice. The description shall be known as class specifica- A. The city manager shall establish rules of conduct tions and shall contain the following sections: 66 The Sacramento Bee -- sacbee.com -- City Council will stay part time Page 1 of 3 Newsletters I Site Map I Subscribe tothe Print Edition I Traffic I Weather I Wire!e$~...D.e!!~ery TheS nizu oaee or [Site Soerc. I Win Fr~ Movie Ticke~: I ~.ews I 5Po~'l Business I PoliUo J O~inion J Ente~inment J Lifes~le I Travel I Women I Classifieds I Homes I ~rs J lobs J ViSual Mail ~ Sac. bee~ / Pp!.itJcs / Local Government News Powered by: a~essBee -- Znternet for ju~ $1: Se~ions: 24-HOUR NEWS COLUMNS LEGZS~TURE ZNFO · 24-Hqur ~[¢~ · ~aliforn~ In~i~e~ · ~sl~tjy~i~ C~n~e~ · Dan Wal~ :~~ 30-DAY ARCHZVES · Daniel Weintraub MULTIMEDZA~ ~C. ~:~:~ ~, ~~ · ~ifornia · ~ · E~er~.~g A.u~i~Vi~5pecial Archives · E~e~ion New~ · Local..Govemment Ie~h.~.F~ ....... F_i n_a~c ~CHI_EE City Council will stay mA_ CZ_A_C_ pa rt time Q Fm .R The new salary W.EL~D__[N~G._T_.0~_-_n_0_tc_h. commission decides it .m_a~c_h_.n_e_s~.~p_ does not have the right to ADM!NIS~RRT~V.E make that change, sUPPORT. Pacfic By Tony Bizjak -- Bee Staff W rite r PA RAL_E_G~A ~_L E___GA L - - Fas:-growing .,. Published 2:~5 a.m. PST ..... Tuesday, Sanuary 14, 2003 INSURANCE Commerc~ Raul Ramirez, chairman or the city's new mayoral and L_nes CSR ... The city Of Sacramento's new council salary paneb made it clear Monday that council commission on mayoral and council savages won't come dose to matching the mayods. A C C_O_UN_TI~ N_ _G_Cb_e_~ salaries met for the first time Sacramento Bee/Bryan Patrick Finan¢ a Officer . Monday and immediately resolved one lingering uncertainty about their role. SUP, VEXOR S~c~ameDto In a discussion opened by chairman Raul RamJrez, a former federal court judge, commissioners concluded they did not have the right to make the council a full- FIELD SERVICE time body. TECHNICIAN SACRAMENTO Measure S, passed by city voters in November, made it clear the mayor's position from now on is full time and should be paid as such, and said the DIRE .CT_O~ commission must also review council salaries, but it was silent on whether the _G_OVERNMENT AFFAIR'. commission could consider the other eight council members to be full time. CA .., Commission member Bill o.mce.Ass!stant Edgar, a former E~ce!.!ent..oppo_rtun__W_. Sacramento city manager, pointed out C_LEFL[CAL Strong ~d min~[strative ... http://www.sacbee.corn/content/politics/local_government/story/5884852p.6848652c.html 1/22/2003 ~' The Sacramento Bee -- sacbee.com -- City Council will stay part time Page 2 of 3 that the city charter lists the council as parttime, and the measure did not give the commission the authority to change that. ELECTRICAL Min. yrs .,, Commission member Virginia Moose was among several on the five-member panel who concurred. "The public would be very unhappy if we decided to make ~;ALE_S__Major in-home the council full time," she said. sales organization .._. During an initial meeting mostly involving setting up basic commission protocol E~gineer!ng..CB/!L for future hearings, Ramirez also made it clear that council members can't ENG!N.E.~.N.G expect their salary to be tied very closely to the mayor's. P!~O. EESSI.O.N/~LS "They are not going to be anywhere near on par with our mayor," he said. _H_EALT...H__CL_UB. Fr_o_~t Former Superior Court Judge Rudolph "Barry" Loncke and Deborah Yue, a state C_OMP_UT_ER Department of Alcoholic Beverage Control manager, also serve on the ' -- corn mission. ~_ealth__c_~_re_Syst ... Currently, the mayor and council earn pay for their civil work by cobbling BAN.K!N.G...Ca....fprn a together meeting stipends, vouchers, expense reimbursements and a pension B~k..&...Tmst ....... payment. Last year, Mayor Heather Fargo earned $39,000. She also received about $8,000 in retirement benefits. A__UT~O_B._O_D_Y_!n_ Yub___a CJ~y_!m.m_e_d__a_ t_e Fargo said she has been working 40 hours a week as mayor, and up to 20 hours a week in her long-standing state Department of Parks and Recreation Job. DENTIST Dentist needed ..: AS a result of Measure S, Fargo has said she will leave her state job, probably SO_C!gL WORKER For next month, although the compensation commission is unlikely to award her a " full-time salary until April. Eo_ste_r C_are_Ag.emcy ..~. LEGA.L .OE~CE Commission members also debated the meaning of a Measure S requirement MANAGER.SAF.ECO..!~s that the mayoral and council salaries be reasonable and in line with what .,._. mayors and councils receive in cities of similar size and with similar type governments. VET TECH Lic'd RVT. IT/PT. $12-!6/hr ... · Edgar said he wants to see comparisons with salaries in other cities that have a city manager who runs the city government, and a mayor who serves as chief A_ _UT__O_M._O__TI~ESALES political leader for the city. MA_N__A_GE_R__B_eautiful ... He suggested Long Beach, San Jose and San Diego as cities with similar .CONST.~U.~.O.N PURCHASING. AG.EN~ governments. Ramirez questioned whether San Diego should be used for ~arch.broo.k comparison, given its population is much greater than Sacramento's. Me_d_i_c_a LR .a__d_ip_ !ogy City staffer Patti Blsharat said the staff should be able to provide some initial Pro._f_e_s.~._n.~!~_: research data from other cities at the next meeting, including some cities outside California, such as Austin, Texas. View All Top Jobs That meeting -- open to public attendance and comments under state law -- is scheduled for 7 p.m., Jan. 29, in the ground-floor hearing room at the city's 1231 I St. building. Officials will post the commission's work on the city Web site at .w~w,c!tyofs~c!~am_e_n_t.o_,o~.~_._ Bisharat said the public also Is encouraged to submit comments to that Webslte via e-mail. About the Writer http://www.sacbee.com/content/polifics/local_govemment/story/5884852p-6848652c.html 1/22/2003 LEGISLATIVE AND LITIGATION COMMITTEE CALENDAR Proposed 2003 DLegislative& Litigation Committee Mtgs. N & Budget meetings presentations 1:00 p.m. Mondays @ noon, Wednesday @ 5:15 p.m. Hearing on 6-11-03, Adption 6-25-03 iCity Holidays - City Hall Closed ~1 ICity Council Mtgs: Workshops @ 5:15 p.m.; Regular Mtgss @ 7:00 p.m. -----]Joint City/County Mtg. JANUARY FEBRUARY MARCH S M T W TH F S S M T W TH F S S M T W TH F S : 1 2 3 4 1 1 5 6 7 8 9 10 11 2 3 4 5 6 7 8 2 3 4 5 6 7 8 19'20' 21 22 23 24 25 16 17 18 19 20 21 22 16 17 18 19 20 21 22 26r~128~ 30 31 23 24 25[~-] 27 28 23 24 25~ 27 28 29 30 APRIL MAY JUNE S M T W TH F S S M T W TH F S S M T W TH F S 1 2 3 4 5 1 2 3 1~3 4 5 6 7 6 7 8 ~--~ 10 11 12 4 5 6 7 8 9 10 8 ' 9 '10[~---------']1213 14 13 14 15 16 17 18 19 11 12 13~ 15 16 17 15 16 17 18 19 20 21 20 21 22 23 24 25 26 18 [~--------~ 20 ~ 22 23 24 22 r~124 ~----~ 26 27 28 27[~29~-~ 25 26 27 29 30 31 29 30 JULY AUGUST SEPTEMBER S M T W TH F S S M T W TH F S S M T W TH F S 1 2 3 4 5 1 2 1 2 3 4 5 6 ~-~ 10 11 12 3 4 5 6 7 8 9 7 8 9 [-~ 11 12 13 6 7 8 20r~22 23 24 25 26 17 18 19 20 21 22 23 21r~123~25 26 27 r-~ 31 24 25 26 ~ 28 29 30 28 29 30 27 28 29 31 OCTOBER NOVEMBER DECEMBER S M T W TH F S S M T W TH F S S M T W TH F S 1 2 3 4 1 1 2 3 4 5 6 5 6 7 [~-] 9 10 11 2 3 4 j--~-I 6,, 7 8 7 8 9 r-~11 12 13 23 24 25 26 27 26 27 28 29 30 31 23 24 25 26 27 28 29 28 29 30 31 3O (p:\l&l\L&LCAL03-Proposed-2003.qpw) LEGISLATIVE A~D L]T]GAT]O~ CO~]]TT~E CAL~DAR Proposed 2003 Legislative & Litigation Committee Mtgs, Budget meetings & presentations 1:80 p,m~ Mondays @ noon, Wednesday ~ 5:15 p,m. Hearing on 6,d 1-03, Adption 6~25-03 City Holidays,* City Hall Closed :~,~ C,ty Council Mtgs: Workshops ~ 515 Regular Mtgss (~ 7:00 Joff~t City/County Mtg~ FEBRUARY MARCH $ M T W TH F S S M T W TH F S S M T W TH F S 2 3 1 1 5 6 7 8 9 10 11 2 3 4 5 6 7 8 2 3 4 5 6 7 8 9 ~;: 13 14 15 12 13 14 16 17 18 9 10 11 19 21 22 23 24 25 16 18 19 20 21 22 16 17 18 19 20 21 22 26 28 30 31 23 24 25 ~ 27 28 23 24 25 30 AP~L JUNE T I 2 3 4 5 t 2 3 1 3 4 5 6 7 6 7 8 10 11 12 4 5 6 7 8 9 10 8 9 10 12 13 14 13 i4 15 17 18 19 11 12 t3 15 16 17 16 17 19 20 21 20 2t 22 23 24 25 26 23 24 24 26 27 28 ~a i 29 30 31 29 30 27 =~ ~ AUGUST SEPTEMBER S M T W TH F S S M T W TH F S S M T W TH F S l 2 3 5 1 2 2 3 4 5 6 13 t4 15 16 17 18 19 10 11 12 13 14 15 16 16 17 18 19 20 21 22 23 23 25 26 27 20 22 23 24 25 26 17 18 19 i~20~ 27 28 29 31 24 25 26 28 29 30 28 29 30 31 S M T F S S M T W F S I 2 3 4 1 1 2 3 4 5 6 5 6 7 ;;i;~'tii'~¢: 2 3 4 6 7 8 7 8 9 ; tl 12 13 12 13 14 t5 16 17 18 9 10 13 14 15 16 17 18 i9 20 i9 21 23 24 25 16 20 21 22 23 26 27 26 27 28 29 30 31 23 24, 25 26 29 28 29 30 3O (p:\l&l\L&LCAL03-,Proposed--2003,qpw)