HomeMy WebLinkAboutItem 4.13 AB670 BART/TrnstVlgCITY CLE'RK File # 660-40
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July 7, 1999
SUBJECT:
Cits/C6tihCiI'S'Pb~ition 0n AsSembly Bill 670 (Papan) regarding the
expansion of BART's eminent domain authority for the purposes of
establishing a Transit Village (Report Prepared by: Eddie Peabody)
ATTACHMENTS:
Text of AB 670, as amended June 22, 1999
Draft Letter to Senator Rainey
RECOMMENDATION:
ff~,: L~Authorize Mayor to sign and send letter opposing AB 670 in its
current form or recommend additional amendments.
FINANCIAL STATEMENT: U~0~
DESCRIPTION:
Existing State law authorizes BART to acquire (through eminent domain or otherwise), real and personal
property within or outside the BART district that is' hecessary to the exercise of its powers. Existing law
c~tso authorizes the district to lease, mortgage, sell any real or personal property within or outside the
district if~;he district determines that it is in the best interests of the district.~to d0 so ....
Assembly Bill 670 would authorize San Mateo Transit District and BART to aquire property beyond the
boundaries of their station sites for the purpose of establishing transit oriented joint developments
(T.O.D.) This Bill has passed the Assembly and is in Senate committee as of this date. This would allow
BART, for example, to acquire property adjacent to their present station sites to create commercial,
residential or mixed use development in conjunction with existing Or proposed transit facilities.
Moreover, this Bill would allow BART to be exempt from local land use or zoning regulations of the City
of Dublin. BAaR. T, however, would need to make the finding that improved regional transit, jobs housing
balance, or air quality standards cannot be achieved ~under the City's land use and zoning regulations.
Furthermore, the Association of Bay Area Government's (ABAG) would need to ratify BART's overriding
This Bill could negate Dublin's control over land Use near our present' station and future West Dublin
BART Station. It would weaken our ability' ~$ de~/1-~ffedti~)els;"V¢ith th~' imPacts of transit facilities on our
downtown area.
a:aeendas/1999/7-7 AB670
COPIES' TO:
ITEM]NO.
Sta£frecommends that the City Council authorize the Mayor to send a letter to Senator Rainey opposing
AB 670 or Petitionthat the Bil1 be amended to eliminat;'ihe ability for BART to diSregard the City's lan(~
~.~'~/nd zoning regulatibns. ('Section 1 (d)(2)) ' ' ' '' ':
AMENDED IN SENATE JUNE 22, 1999
AMENDED IN ASSEMBLY MAY 12, 1999
CALIFORNIA LEGISLATURE--1999-2000 REGULAR SESSION
ASSEMBLY BILL
No. 670
IntrOduced by Assembly Member Papan
February23,1999
An act to amend Sections 29010, 100130, and 103240 of the
Public Utilities Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
Pap ~ r~ .... :.^~
AB 670, as amended, an ............. Bay
Dlg+~ct Tra~xfz dfxt~cm: propeF~ acqMMtfo~.
*(1) Existing law au~ohzes ~e S~ Fr~cisco Bay ~ea
Rapid Tr~sit Dis~ct to t~e by gr~t, purchase, gift, devise,
lease, or e~nent domain, or o~e~ise acquire, re~ and
person~ prope~ wi~in or outside ~e dis~ct ~at is
necess~ to ~e exercise of its powers. Existing law also
au~ofizes ~e disffict to lease, mo~gage, sell, or dispose of
~y re~ or person~ prope~ wi~n or outside ~e disffict if
~e disffict dete~nes that it is in ~e best interests of ~e
~s~ct to do so.
~s bill would provide ~at the first descFibed au~ofity
includes ~e au~ofi~ to acquke prope~ ~at is necess~y
fog inciden~ to, or conveffient fog m~sit oriented joint
development, as defined, except ~at ~e bill would provide
~at ~e disffict's au~ohty to condem prope~ in e~nent
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ATTACHMENT
AB 670 -- 2--
domain proceedings does not include the authority to
condemn property for the primary purpose of transit oriented
joint development. The bill would, as to the second described
authority, authorize the district to jointly develop real or
personal property if the district determines that it is in the
best interests of the district to do so.
(2) Existing law authorizes the Santa Clara Transit District
to take by grant, purchase, devise, lease, or eminent domain,
or otherwise acquire, and hold and enjoy real and personal
property within or without the district that is necessary to the
exercise of its powers. Existing law also authorizes the district
to lease, mortgage, sell, or dispose of any real or personal
property within or without the district if the district
:determines that is necessary to the full or com,enient exercise
of its powers.
This bill would provide that the first described authority
includes the authority to acquire property that is necessary
for, incidental to, or convenient for, transit oriented joint
development, as defined, except that the bill would provide
that the district's authority to condemn property in eminent
domain proceedings does not include the authority to
condemn property for the primary purpose of transit oriented
joint development. The bill would, as to the second described
authority, authorize the district to jointly develop real or
personal property if the district determines that it is necessary
tb the full or convenient exercise of its powers.
(3) Existing law authorizes the San Mateo County Transit
District to take by gant, purchase, devise, lease, or eminent
domain, or otherwise acquire, real and personal property
within or outside the district that is necessary to the exercise
of its powers. Existing law also authorizes the district to lease,
mortgage, sell, or otherwise dispose of any real or personal
property within or outside the district, as prescribed.
This bill would provide that *&at the first described
authority includes the authority to acquire property necessary
for, incidental to, or convenient for, transit oriented joint
development, as defined, except that the bill would provide
that the district's authority to condemn property in eminent
domain proceedings does not include the authority to
condemn property for the primary purpose of transit oriented
97
3 AB 670
joint development. The bill would, as to the second described
authority, authorize the district to jointly develop real or
personal property if the district determines that it is in the
best interests of the district to do so.
The bill would extend all of the authority described above
and relating to the district to any joint powers agency of which
the district is a ~nember and for which the district serves as the
managing agency.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 29010 of the Public Utilities
2 Code is amended to read:
3 29010. (a) The district may take by grant, purchase,
4 gift, devise, or lease, or condemn in proceedings under
5 eminent domain, or otherwise acquire, and hold and
6 enjoy, real and personal property of every kind within or
7 without the district necessary to the full or convenient
8 exercise of its powers.
9 (b) The board may lease, mortgage, sell, jointly
10 develop or otherwise dispose of any real or personal
11 property within or without the district if, in its judgment,
12 it is in the best interests of the district to do so.
13 (c) Subject to subdivision (e), the authority described
14 in subdivision (a) includes the authority to acquire
15 property necessary for, incidental to, or convenient for,
16 transit oriented joint development projects that meet the
17 definition and requirement set forth in subdivision (d).
18 (d) (1)For purposes of this section, a transit oriented
19 joint development project is a commercial, residential, or
20 mixed use development that is undertaken in connection
21 with existing, planned, or proposed transit facilities.
22 (2) The district shall conform the transit oriented joint
23 development project to the land'use and zoning
24 regulations of the city, county, or city and county in which
25 the project is located, unless the district finds, after
26 adequate notice and opportunity for public participation
27 and review, that improved regional transit, air quality,
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AB 670 4
I congestion nzanagement standards, or jobs and housing
2 balance cannot be achieved under those regulations, and
3 that finding' is ratified by the Association of Bay Area
4 Governments.
5 (e) The authority described in subdivision (a) does not
6 include the authority to condemn property in eminent
7 domain proCeedings for the primary purpose of transit
8 oriented joint development.
9 SEC. 2. Section 100130 of the Public Utilities Code is
10 amended to read:
11 100130. (a) The district may take by ~ant, purchase,
12 devise, or lease, or condemn in proceedings under
13 eminent domain, or otherwise acquire, and hold and
"14 enjoy, real and personal property of every ~nd within or
15 without the district necessary to the full or convenient
16 exercise of its powers.
17 (b) The board may lease, mortgage, sell, jointly
18 develop, or otherwise dispose of any real or personal
19 property within or without the district necessary to the
20 full or convenient exercise of its powers.
21 (c) Subject to subdivision (e), the authority described
22 in subdivision (a) includes the authority to acquire
23 property necessary for, incidental, to, or convenient for,
24transit oriented joint development projects that meet the
25 definition and requirement set forth in subdivision (d).
26 (d) (1)For purposes of this section, a transit oriented
27 joint development project is a commercial, residential, or
28 mixed use development that is undertaken in connection
29 with existing, planned, or proposed transit facilities.
30 (2) The district shall conform the transit oriented joint
31 development project to the land use and zoning
32 regulations of the city, county, or city and county in which
33 the project is located, unless the district finds, after
3A adequate notice and opportunity for public participation
35 and review, that improved regional transit, air quality,
36 congestion management standards, or jobs and housing
37 balance cannot be achieved under~ those regulations, and
38 that finding is ratified by. the Association of Bay Area
39 Governments.
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5 AB 670
I (e) The authority described in subdivision (a) does not
2 include the authority to condemn property in eminent
3 domain proceedings for the primary purpose of transit
4 oriented joint development.
5 SEC. 3. Section 103240 of the Public Utilities Code is
6 amended to read:
7 103240. (a) The district may take by grant, purchase,
8 gift, devise, or lease, or condemn in proceedings under
9 eminent domain, or otherwise acquire, and hold and
10 enjoy, real and personal property of every kind within or
11 without the district necessary to the full or convenient
12 exercise of its powers.
13 (b) The board may lease, mortgage, sell, jointly
'14 develop or otherwise dispose of any. real or personal
15 property within or without the district if, in its judgment,
16 it is in the best interests of the district to do so.
17 (c) Subject to subdivision (e), the authority described
18 in subdivision (a) includes the authority to acquire
19 property necessary for, incidental to, or convenient for,
20 transit oriented joint development projects that meet the
21 definition and requirement set forth in subdivision (d).
22 (d) (J) For purposes of this section, a transit oriented
23 joint development project is a commercial, residential, or
24 mixed use development that is undertaken in connection
25 with existing, planned, or proposed transit facilities.
26 (2) The district shall conform the transit oriented jo#zt
27 development project to the land use and zoning
28 regulations of the city, county, or' city and county in which
29 the project is located, unless the district finds, after
30 adequate notice and opportunity for public participation
31 and review, that improved regional transit, air quality,
32 congestion management standards, or jobs and housing
33 balance cannot be achieved under those regulations, and
34 that finding is ratified by the Association of Bay Area
35 Governments.
36 (e) The authority described in subdivision (a) does not
37 include the authority to condemn property in eminent
38 domain proceedings for the primary purpose of transit
39 oriented joint development.
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AB 670 6
1 09 The authority granted under subdivisions (a) to
2 (c), inclusive, extends to any joint powers agency of
3 which the 'district is a member and for which the district
4 serves as the managing agency.
O
97
City Offices, 100 Civic Plaza, Dublin, California 94568
July 1, 1999
Honorable Senator Rainey
3086 State Capitol
Sacramento, CA 95814
Dear Senator Rainey:
The purpose of this letter is to advise you that on July 7, 1999, the Dublin City Council discussed
the pending Assembly Bill 670. AB 670 would allow BART to expand its eminent domain
activity to include acquiring property outside of the area traditionally necessaw for station
development. Moreover, AB 670 would allow BART to disregard local land use and zoning
regulations in the areas that surround stations for the construction of transit oriented
developments.
With one existing BART station within the City limits and an additional station in the planning
stages, the City of Dublin is specifically concerned about those aspects of AB 670 that would
allow BART to disregard the City's land use and planning regulations. To date, the City is
currently working cooperatively with BART to construct a transit oriented type development
within the City. Clearly, Dublin's City Council recognizes the laudable goals of transit oriented
developments however, allowing BART to disregard local land use control would undermine the
local planning process. Removing local land use control is unnecessary to achieve transit
oriented developments and would prevent local governments and BART from working together
to attain mutually acceptable goals. The City urges you to vote no on AB 670 or petition that the
Bill be amended to eliminate the ability for BART to disregard the City's land use and zoning
regulations (Section 1 (d)(2)).
Sincerely,
Guy S. Houston
Mayor
cc: City Council Members
ATTAOHMEN'r
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