Sustainable Transportation Advocates of Santa Barbara v. Santa Barbara County Assn. of Governments

Sustainable Transportation Advocates of Santa Barbara v. Santa Barbara County Assn. of Governments

Opinion

 [**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.

Background

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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