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Court of Appeal of California, Second Appellate District, Division Six
October 14, 2009, Filed
[**372] PERREN, J.—Sustainable Transportation Advocates of Santa Barbara appeals from a judgment denying its petition for a writ of mandate. [**373] Appellant sought to vacate the approval of Measure A by the Santa Barbara County Association of Governments (respondent). Measure A, entitled the “Santa Barbara County Road Repair, Traffic Relief, and Transportation Safety Measure,” imposes a retail sales and use tax to fund transportation projects in Santa Barbara County. Respondent approved Measure A without conducting environmental review pursuant to the California Environmental Quality Act (CEQA; Pub. Resource Code, § 21000 et seq.). After respondent's approval, [*116] Measure A was adopted by the voters at the General Election on November 4, 2008. [***2] Appellant contends that Measure A is invalid because there was no environmental review before respondent approved it. We disagree and affirm.
Respondent “is the local transportation authority for [Santa Barbara County] with the power, subject to voter approval, to impose a sales or use tax of up to 1 percent to provide funding for transportation services in the county. (Pub. Util. Code, § 180000 et seq.)” (Santa Barbara County Coalition Against Automobile Subsidies v. Santa Barbara County Assn. of Governments (2008) 167 Cal.App.4th 1229, 1234 [84 Cal. Rptr. 3d 714].) On June 19, 2008, respondent approved Measure A, consisting of Ordinance No. 5 (Ordinance) and a document entitled “Transportation Investment Plan” (Investment Plan). On the same date, respondent adopted a resolution requesting that the Santa Barbara County Board of Supervisors call an election on November 4, 2008, for the purpose of allowing the electorate to vote on Measure A.
The Ordinance extends “for a period not to exceed thirty years” an existing one-half of 1 percent local transportation sales and use tax. The existing sales and use tax will expire on March 31, 2010. The Ordinance provides that the Investment Plan “is hereby [***3] adopted as the County Transportation Expenditure Plan (‘Expenditure Plan’) for the expenditure of revenues expected to be derived from the tax imposed pursuant to this Ordinance, in accordance with California Public Utilities Code Section 180206.” Section 180206 provides that, prior to the call of an election to approve a local transportation sales and use tax, an expenditure plan shall be prepared and adopted. The expenditure plan must show “the expenditure of the revenues expected to be derived from the tax imposed … , together with other federal, state, and local funds expected to be available for transportation improvements, for the period during which the tax is to be imposed.” (Id., subd. (a).)
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179 Cal. App. 4th 113 *; 101 Cal. Rptr. 3d 371 **; 2009 Cal. App. LEXIS 1807 ***; 40 ELR 20257
SUSTAINABLE TRANSPORTATION ADVOCATES OF SANTA BARBARA, Plaintiff and Appellant, v. SANTA BARBARA COUNTY ASSOCIATION OF GOVERNMENTS, Defendant and Respondent.
Subsequent History: [***1] The Publication Status of this Document has been Changed by the Court from Unpublished to Published November 10, 2009.
Rehearing denied by Sustainable Transportation Advocates of Santa Barbara v. Santa Barbara County Association of Governments, 2009 Cal. App. LEXIS 1884 (Cal. App. 2d Dist., Nov. 10, 2009)
Time for Granting or Denying Review Extended Sustainable Transportation Advocates of Santa Barbara v. Santa Barbara County Association of Governments, 2010 Cal. LEXIS 1316 (Cal., Feb. 5, 2010)
Review denied by, Request denied by Sustainable Transportation Advocates of Santa Barbara v. Santa Barbara County Assn. of Governments, 2010 Cal. LEXIS 1142 (Cal., Feb. 18, 2010)
Prior History: Superior Court of Santa Barbara County, No. 1301342, Thomas Pearce Anderle, Judge.
transportation, investment plan, environmental review, projects, Ordinance, voters, Highway, use tax, expenditure, funds, approve, sales, proposed project, match funds, final eir, compliance, election, ballot, circumstances, lanes, Save
Business & Corporate Compliance, Environmental Law, Assessment & Information Access, Environmental Impact Statements, Environmental Law, Environmental Assessments, Governments, Local Governments, Finance, Civil Procedure, Justiciability, Mootness, General Overview, Appeals, Standards of Review, De Novo Review, Questions of Fact & Law, Substantial Evidence, Elections, Tax Law, State & Local Taxes, Use Taxes, Transportation Law, Sales Taxes