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Home My WebLink About4.13 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 97 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, 97 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. 97 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. 97 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. 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