In a stunning decision by California Public Utility Commission (CPUC) Administrative Law Judge (ALJ) Anne Simon published on April 30, 2003, the City of Richmond was granted its request to prevent removal of the 80-year old wigwags from the West Richmond Avenue grade crossing by the Burlington Northern Santa Fe Railroad Company (BNSF). This was particularly good news in an otherwise depressed week for Richmond preservationists who watched in dismay as the only remaining structure from Kaiser Shipyards 1 and 2 was ripped down by an insensitive property owner – see http://www.tombutt.com/forum/030423.htm.

Judge Simon found that BNSF had failed to seek consent of the CPUC for installation of new crossing equipment, thus violating CPUC General Order 75-C. The ALJ also upheld the City’s contention that any project affecting the wigwags would have to undergo an environmental assessment pursuant to CEQA because of their historical significance.

Much credit goes to Assistant City Attorney Wayne Nishioka who first filed the action on May 31, 2002, and did an outstanding job of out-lawyering a host of highly-experienced railroad attorneys. A number of citizens, including former mayor Rosemary Corbin, City Engineer Rich Davidson and a couple of expert witnesses also provided testimony for the City during the proceedings.

For photos and more information on the Point Richmond wigwags, see http://www.trainweb.org/dansrailpix/save_richmond1.htm.