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HomeMy WebLinkAboutRPT 1 BULLET TRAIN 12-20-82REPORTS L' NO. 1 12-20-82 Inter -Com DATE: Dec. 15, 1982 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: BILL HUSTON, CITY MANAGER SUBJECT: BULLET TRAIN This item has been placed on the agenda in order to provide the City Council an update regarding the Bullet Train. Attached are the following items: 1. A letter addressed to the Director of State and Local Relations for the American High Speed Rail Corp. in response to his statement made at a homeowners association meeting in Irvine that the Mayor and City Manager of Tustin had indicated to him that the City of Tustin is not concerned about the Bullet Train. The attached letter points out that his statement is not correct and reiterates what was told to him by the Mayor and City Manager at the meeting held in November. 2. A letter addressed to Mayor Jarrell current President of the Orange County League of California Cities which outlines the reasons why the City of Tustin feels that legislation should be enacted requiring an environmental review of the Bullet Train. 3. Letter from Assemblywoman Marian Bergeson regarding AB -4 which she has introduced along with Assemblyman Frazee and Senator Craven. AB -4 would require a majority of the cities and counties affected by the bullet train to "sign off" on the bullet train project prior to issuing an operating permit by the State Public Utilities Commission. It is my recommendation that the City Council convey to Assemblwoman Bergeson that AB -4 should be amended to require an environmental review because simply requiring the affected cities and counties to sign off does not resolve the issue of preconditioning the design of the bullet train to take into account the environmental effect associated, th operating the train adjacent to residential areas. It is staf s' intention to provide updates concerning the bullet train at each City Council meeting. BH:dmt December 14, 1982 Mr. Carl Schiermeyer Director of State and Local Relations American High Speed Rail Company 3631 E. Lincoln Sacramento, CA 95818 Dear Mr. Schiermeyer: Office of the City Manager It is my understanding that at a December 7, 1982 meeting of various homeowners associations in the City of Irvine, you stated in response to a question that you met with the Mayor of Tustin and myself and that we did not express any concern about the bullet train other than its impact upon the Myford Road and Newport Avenue overpass. You should refrain from making such a statement because it is not correct. As you will recall, the Mayor and I indicated that the Tustin City Council feels the manner in which AB 3647 was enacted is bad public policy. We also expressed our concern about the lack of information regarding the bullet train and its effect upon homes adjacent to the Santa Fe Railroad right-of-way. In response to our position that an environmental review of the bullet train should be prepared, you indicated that notwithstanding the exemption from CEQA granted by AB 3647, an environmental review would be prepared. As I recall, you maintained that an EIR will be necessary for portions of the project but as a practical matter it would include the entire project since CEQA requires an EIR to address the cumulative effect of a project. Subsequent to our meeting, statements have been made by American High Speed Rail officials which seem to indicate the contrary. The City of Tustin has not announced that it supports the bullet train. In fact, it has been very emphatic that a comprehensive environmental review of the bullet train is essential. We indicated our willingness to exchange information and desire to be included in the planning process. You should not interpret our meeting as support for the bullet train or 300 Centennial Way 9 Tustin, California 92680 • (714) 544-8890 Carl Schiermeyer December 14, 1982 page two that we do not have any concerns. We are not willing to allow a project of this scale to pass through our community without environmental safeguards being identified and made conditions precedent to design and construction of the bullet train. A formal and binding comnri ent to mitigate adverse impacts is necessary which can only be done through an environmental review. I trust this letter clarifies the City's position. If you have any questions, please contact me as soon as possible. Sincerely, WILLIAM A. HUSTON, City Manager WH:dmt December 2, 1982 Mayor James Jarrell President O.C. League of Cities 412 W. 4th Street, Suite 203 Santa Ana, CA 92701 Dear Mayor Jarrell: Office of the Mayor At its November 18, 1982 meeting, the Orange County Division of the League of California Cities rejected a motion from the floor to encourage the State Legislature to require an environmental review of the bullet train. The City of Tustin requests that the League reconsider its decision. The City of Tustin is deeply concerned about the precedent set by the passage of AB 3647 which authorizes the bullet train. The principal issue concerning AB 3647 is the State Legislature's willingness to enact legislation without regard for the effect upon local government. AB 3647 has established the right of the State to unilaterally authorize a project which benefits some but which also could be detrimental to others. As local officials are we willing to allow the State Legislature to unilaterally decide the location of airports, dump sites, hazardous materials transfer stations, etc? Although each of these projects are needed we must zealously protect our right to review and control such projects which historically has been the case. To claim that AB 3647 is good for the economy and helps resolve a critical transportation problem ignores the overriding issues of local control and the integrity of the legislative and intergovernmental relations processes. If the logic behind the passage -,of AB 3647 were to become a matter of State policy, cities will be prem ted from exercising their right to guide and protect their resourcnd quality of life. It is imperative that each of us recognize the real issues which transcend the purported benefits of a bullet train. We all know that Highway 5 is crowded and that certain segments of the Orange County economy would benefit from an effective mass transit system. But are we willing to relinquish our responsibility to ensure that a project, whether it is a bullet train or some other project unilaterally authorized by the State, meets our standards? American High Speed Rail Corporation has indicated that it will take community concerns into account during its design phase. That sounds good. But as a practical matter without adequate safeguards being identified and committed to before the design phase begins, there will be no remedy available to those affected by the adverse effects of the bullet train. 300 Centennial Way 9 Tustin, California 92680 0 (714) 544-8890 James Jarrell December 2, 1982 page two The concerns and issues are the same as if the State mandated the location of a commercial airport somewhere in Orange County without any local input or control. The airport would generate jobs and help resolve transportation problems. And, as with the bullet train, some persons would undoubtedly be adversly affected because a credible process for mitigating the negative effects upon them would not exist. The City of Tustin has not taken a position in opposition to the bullet train. It simply has requested that AB 3647 be amended to require an environmental review as would be required for any other project of this scale. The rapidity of the approval process was unjustified. To compound that error by allowing the project to proceed with no consideration as to consistency with local land use planning, regional transportation programs and environmental effect is bad public policy. The Tustin City Council urges the Orange County Division of the League of California Cities to adopt a resolution soliciting the support of the League and local legislators in requesting that AB 3647 be amended to require an environmental review of the bullet train. Sinc ely, (�/'� <�!V RICHARD B. EDGAR, Mayor BH:dmt RESOLUTION NO. RESOLUTION OF THE ORANGE COUNTY DIVISION, LEAGUE OF CALIFORNIA CITIES, URGING THE STATE LEGISLATURE TO REQUIRE AN ENVIRONMENTAL REVIEW OF THE BULLET TRAIN WHEREAS, the State Legislature has enacted AB 3647 which authorizes the use of State rights-of-way and railroad rights-of-way for high speed intercity passenger rail purposes; and WHEREAS, AB 3647 also exempts high speed intercity passenger rail projects located within the above rights-of-way from the requirements of the California Environmental Quality Act; and WHEREAS, the State Legislature enacted AB 3647 without adequate public hearings and input from affected local agencies; and WHEREAS, with the passage of AB 3647 the State Legislature has unilaterally authorized a project having significant local and regional implications and in so doing has set a precedent which could result in airports, dump sites and other environmentally sensitive projects being mandated without regard for the affect upon local goverment; and WHEREAS, The Arnetcian High Speed Rail Corporation is proposing to initiate bullet train ram services between Los Angeles and San Diego utilizing Highway 5 and Santa Fe Railroad rights-of-way; and WHEREAS, the State Legislature approved AB 3647 without regard for regional and local transportation and land use plans; and WHEREAS, thousands of individuals could be adversely affected by the environmental effects of the bullet train; and WHEREAS, without the benefit of an environmental review there will be no effective means of requiring mitigation of the adverse effects upon the health, safety and welfare of persons affected by the bullet train. NOW, THEREFORE, BE IT RESOLVED, that the Orange County Division, League of California Cities urges the League and its Divisions to request that the State Legislature enact legislation requiring an environmental review of the bullet train. Mayor Jim Jarrell President Mayor Don Holt Chairman, Resolutions Comm. ATTEST: Bobas e Executive Director SAc AMENTO ADDRESS State Capitol Sacramento 95814 (916) 445-7222 DISTRICT OFFICE 4500 Campus Drive, Suite 344 Newport Beach, CA 92660 (714) 641-7441 Tattfuma g'Pgtstature MARIAN BERGESON ASSEMBLYWOMAN, RM"M 6II' 70th District December 10, 1982 Honorable Richard Edgar Mayor of the City of Tustin 300 Centennial Way Tustin, California 92680 Dear Mayor Edgar: COMMnTEES: Ways and Means Labor and Employment Public Employment and Retirement VICE CHAIRMAN Education DEC, , 1982 crry of rr,SrIN Enclosed is a copy of a press release announcing the introduction of legislation to provide for local government approval of a bullet. train proposal, prior to the issuance by the PUC of a certificate of public convenience and necessity. Recognizing the regional nature of the bullet train concept, it was the desire of myself, Assemblyman Frazee and Senator Bill Craven to sponsor legislation which would ensure local government input into the bullet train approval process without jeopardizing the project itself and without providing a vehicle for a singular entity to ob- struct the project. You may be interested to learn that American High Speed Rail Corpo- ration is in the process of negotiating with a reputable Orange County firm to manage a comprehensive public information and partic- ipation effort. I was pleased to learn this, and look forward to the availability of more information on that effort. Certainly, it is in the best interests of all parties to foster a greater de- gree of public information and confidence in the bullet train.pro- posal; a meritorious proposal will garner its own support. Your input on this matter and on other issues of state concern is always welcome. I look forward to hearing from you at any time - Cordially , ime. Cordially, MARIAN BERGESON Assemblywoman, 70th District MB/1r enclosure CONTACT: Julie Froeberg 714) 641-7441 APPROVAL SOUGHT FOR BULLET TRAIN DATE: 12/6/82 Assemblywoman Marian Bergeson (R -Newport Beach) today announced the introduction of legislation to guarantee local government participation in the planning, development and approval processes of the bullet train pro- posal. Assemblyman Bob Frazee (R -Carlsbad) and Senator Bill Craven (R -Vista) joined Bergeson as authors of the legislation. The measure, AB 4, would require a majority of the affected cities and counties to "sign off" on the project prior to the issuance of the certificate of public convenience and necessity (operating permit) by the PUC. AB 4 also requires that the bonds for the construction of the project would not be issued prior to the issuance by the PUC of the certificate of public convenience and necessity. The action by Bergeson, Frazee and Craven follows earlier calls by the legislators for PUC -conducted hearings in Los Angeles, Orange and San (Diego Counties (the three counties affected by the bullet train proposal). Legislation authorizing the issuance of $1.25 billion in private, (tax-exempt bonds to finance the rapid rail transit system between Los Angeles and San Diego cleared the Legislature during the closing days of the 1981-82 (session. Since the enactment of AB 3647, there has been much public and local government concern regarding the lack of specific information on the train's route, design and financial viability. MORE....... Page Two In introducing the legislation, Bergeson called the proposal an attempt to engender a greater degree of public confidence in the bullet train through the availability of a greater degree of public information and local government review. Bergeson stressed that the authors of AB 4 worked closely with Legislative Counsel in drafting it to meet their concerns without jeo- pardizing the project itself. Bergeson expressed hope that the Author of AB 3647, Assemblyman Bruce Young (D -Norwalk) would join the three authors of AB 4 as a coauthor. CITY COUNCIL MINUTES Page 3, 12-20-82 C. Miller Community Center for the 1983 Miss Tustin Pageant on February 14, 16, 18, 19, 23, 25, 28, March 2, 4, 5, and 6. Car- ried 4-0, Hoesterey absent. 41 2. REVENUE SHARING REQUESTS - HOMEBOUND MALS FOR THE ELDERLY Mayor Edgar stated he is in favor of supporting both Project TLC and Meals on Wheels on a 50-50 basis. The motion by Edgar to allocate $4,000 (to be split 50-50) in Revenue Sharing Funds to Project TLC and Meals on Wheels died for lack of a second. Mayor Pro Tem Kennedy made reference to information contained in the staff report dated December 14, 1982, prepared by the Direc- tor of Community Services. Council/staff discussion followed. The following persons spoke on the matter and responded to Coun- cil questions: Shirley Cohen, Project TLC Director, Feedback Foundation Donna Core, Coordinator, Meals on Wheels It was moved by Kennedy, seconded by Greinke, to continue the matter to the January 3, 1983, meeting for further review and study. Carried 4-0, Hoesterey.absent. 29 3. C.A.T.V. UTILITY BOXES The Director of Public Works provided an update to his staff report dated December 6, 1982, and displayed sample vault boxes. Council/staff discussion followed. It was then moved by Kennedy, seconded by Greinke, to confirm the following with respect to the above -ground vaults associated with the proposed underground C.A.T.V. facilities: a. Require CommuniCom to contact each affected property owner and explain what will be installed and why the need for it. Also, require CommuniCom to obtain a signed statement from the affected residents that they have been notified of same and that they do or do not object to the proposed locations. b. In the event the residents object to same, require the vault be located on private property where it can be visually obscured by landscaping. Carried 4-0, Hoesterey absent. 53 The Director of Public Works provided a status report on cable television services. 4. ASSUMPTION OF ORANGE COUNTY STREET LIGHTING MAINTENANCE DISTRICT NO. 6 As recommended in the report dated December 15, 1982, prepared by the City Manager, it was moved by Kennedy, seconded by Edgar, to continue the item to the January 3, 1983, meeting. Motion carried 4-0, Hoesterey absent. 63 IX. REPORTS 1. BULLET TRAIN Bill Robbins, Bullet Train Committee, Tustin Meadows Homeowners, Association, reported on steps being taken by the committee to request that bullet train legislation be amended to require environmental review. Mr. Robbins requested Council action to put pressure on the Federal Grand Jury to require that the Arthur D. Little bullet train marketing study (which was con- ducted with public funds) be released to the public. Council concurred to direct staff to check into whatever form is neces- sary to accomplish same. 101 Lengthy Council/staff discussion ensued with the following actions taken: CITY COUNCIL MINUTES Page 4, 12-20-82 X. OTHER BUSINESS Moved by Edgar, seconded by Kennedy, to purchase the bullet train 16 mm film. Carried 4-0, Hoesterey absent. Moved by Edgar, seconded by Greinke, to authorize staff to research possible legal action to require an environmental review. Carried 4-0, Hoesterey absent. Moved by Edgar, seconded by Kennedy, to appoint Councilpersons Edgar and Saltarelli as key spokespersons for Tustin on the bul- let train issue. Carried 4-0, Hoesterey absent. Moved by Edgar, seconded by Kennedy, to forward the proposed resolution in the staff report dated December 15, 1982, prepared by the City Manager to the League of Cities for review at the January 13, 1983, meeting at Anaheim Stadium. Carried 4-0, Hoesterey absent. Moved by Edgar, seconded by Saltarelli, to schedule a meeting with Assemblywoman Marion Bergeson to discuss bullet train legislation. Carried 4-0, Hoesterey absent. 101 I. REQUEST FOR EXECUTIVE SESSION The City Manager requested an Executive Session for discussion of legal matters following the meeting. XI. ADJOURNMENT At 6:00 p.m. it was moved by Edgar, seconded by Kennedy, to adjourn the meeting in memory of Cora Thompson Rawlings, wife of the late owner and manager of Tustin Water Works, to the next regular meeting on January 3, 1983. Carried 4-0, Hoesterey absent. 84 i MAYOR CITY CLERK