7. Conclusion

For the reasons that we have stated, we find that our jurisdiction to review and approve VTA's proposed rail crossing at Hamilton Avenue in the City of Campbell is firmly rooted in the State Constitution and explicitly supported by statute and by the courts. Judicial decisions have established that the subject of rail/street grade crossings is a matter of statewide concern within the jurisdiction of this Commission.²² The engineering and safe configuration of the crossing is more than a local concern; it is a statewide matter to be supervised by state agencies in a consistent and uniform manner throughout California.²³

The California Legislature has declared that:

Public transportation is an essential component of the balanced transportation system which must be maintained and developed so as to permit the efficient and orderly movement of people and goods in the urban areas of the state. Because public transportation systems provide an essential public service, it is desirable that such systems be designed and operated in such a manner as to encourage maximum utilization of the efficiencies of the service for the benefit of the total transportation system of the state and all the people of the state, including the elderly, the handicapped, the youth, and the citizens of limited means of the ability to freely utilize the systems. (§ 99220.)

And further,

The Legislature declares that Sections 1201 to 1205, inclusive, are enacted as germane and cognate parts of and as aids to the jurisdiction vested in the commission for the supervision, regulation, and control of railroad and street railroad corporations in this State, and the Legislature further declares that the authority and jurisdiction thus vested in the commission involve matters of state-wide importance and concern and have been enacted in aid of the health, safety, and welfare of the people of this State. (§ 1219.)

Accordingly, VTA's motions challenging the jurisdiction of this Commission to review and approve construction of a rail crossing of Hamilton Avenue in the City of Campbell are denied.

We rule as follows on the issues identified in Commissioner Lynch's Scoping Memo for this proceeding:

1. VTA has failed to justify an at-grade crossing at Hamilton Avenue as set forth in the application before us, and the application is denied without prejudice to refiling.

2. VTA has failed to rebut the protest of Staff that a grade-separated crossing is the only safe method of constructing the crossing at Hamilton Avenue.

3. Because his reasoning reflects our own, we affirm ALJ Walker's Ruling dated March 1, 2002, denying VTA's motion to dismiss the application on jurisdictional grounds, and his Ruling dated April 29, 2002, denying VTA's motion to withdraw its application and close the proceeding.

4. We do not at this time enjoin VTA as to the Hamilton Avenue project. We assume that, as a responsible public agency, VTA will not begin construction of its Hamilton Avenue crossing without complying with the law, and that compliance includes the prior safety review by our rail engineers and approval by this Commission. Should construction begin without that prior approval, we will entertain a request by Staff or by the Borello Neighborhood Committee for immediate issuance of a stop-work order.