Filed 3/22/11 City of South Pasadena v. LA County Met. Transp. Auth. CA2/6
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIASECOND APPELLATE DISTRICTDIVISION SIXCITY OF SOUTH PASADENA et al.,Plaintiffs and Appellants,v.LOS ANGELES COUNTYMETROPOLITAN TRANSPORTATIONAUTHORITY,Defendant and Respondent;CALIFORNIA DEPARTMENT OFTRANSPORTATION,Real Party in Interest.2d Civil No. B221118(Super. Ct. No. 1305851)(Santa Barbara County)The City of South Pasadena and the City of La Cañada Flintridge appealfrom the judgment denying their respective petitions for a writ of mandate. Appellants'petitions asked the court to order respondent to delete funding for a potential tunnel itemfrom the Los Angeles County Measure R expenditure plan. Measure R, entitled the"Traffic Relief and Rail Expansion Ordinance," imposes a one-half cent sales tax to fundmultiple proposed "transportation and transit items," including a tunnel to close the gapbetween the 710 Freeway and other freeways. Appellants filed their petitions after votersadopted Measure R in the November 4, 2008, general election. Appellants contend that
the trial court erred by denying their petitions because respondent approved the 710Tunnel without conducting the required environmental review. We affirm.BACKGROUND
The 710 Freeway Gap
Transportation agencies have tried for decades to close the gap between the710 Freeway and other Southern California freeways. The 710 Freeway terminates near the common boundary of Alhambra and the City of Los Angeles, north of the 710Freeway-Interstate 10 intersection. South Pasadena litigated against numerous proposalsto develop a 4.5-mile surface freeway extension to link the 710 Freeway to other freeways. In 1999, a federal court enjoined the California Department of Transportation(Caltrans) from developing the surface freeway connection pending final determinationof the merits of the complaint of South Pasadena and other plaintiffs. (
City of SouthPasadena v. Slater
(C.D. Cal. 1999) 56 F.Supp.2d 1106, 1110.)In June 2004, Caltrans withdrew its adoption of the pending surfacefreeway route. Caltrans and respondent, Los Angeles County Metropolitan TransitAuthority (Metro), began considering the alternative of a tunnel to link the 710 Freewayto other freeways. That year, respondent also commissioned a preliminary study to assessthe preliminary geological and geotechnical characterization of the area. After the releaseof the preliminary study in 2006, La Cañada asked Metro to conduct an in-depthfeasibility analysis of a 710 Tunnel "before the Metro Board potentially approve[d] thecommencement of preparation of an EIR/EIS" for that tunnel. In the same vein, SouthPasadena observed that respondent's "initial inquiry into the tunnel concept did notestablish either engineering or financial feasibility of a 710 Tunnel." Caltrans later commissioned a study, known as the 2008-2009 feasibility study, to "better characterizethe physical and environmental nature of the [710 Tunnel] study area so that a moreinformed decision can be made when selecting potential alignment alternatives [routes] toanalyze." Caltrans anticipates using the 2008-2009 feasibility study "to makerecommendations about how/if to proceed" with a 710 Tunnel.2
Regional Transportation Plan (RTP)
The Southern California Association of Governments (SCAG) prepares andadministers the Regional Transportation Plan (RTP) that includes Los Angeles County.The RTP is a planning document that establishes transportation policy and identifiesimprovements and programs and funding sources to implement that policy. (Gov. Code,§ 65080.) In 2008, after completing a Program Environment Impact Report (PEIR),SCAG adopted the current RTP (2008 RTP). The 710 Tunnel, among hundreds of other items, is listed in the 2008 RTP.
Measure R
On July 24, 2008, respondent approved the Traffic Relief and RailExpansion Ordinance 08-01 (Ordinance) which proposed a 30-year, one-half percentincrease in the sales tax for Los Angeles County to help address "substantial shortages of transportation funds exist[ing] in Los Angeles County." The Ordinance includesAttachment A, the requisite expenditure plan. (Pub. Util. Code, § 130350.5, subd. (f).)On the same date, respondent adopted a resolution requesting that the Board of Supervisors of the County of Los Angeles place Measure R on the November 4, 2008,ballot for submission to the county electors.The resolution states that the California Environmental Quality Act(CEQA) "does not apply to this tax proposal according to" section 15378, subdivision(b), Title 14 of the California Code of Regulations.
On July 24, 2008, respondent filed aNotice of Exemption for the ordinance, citing section CEQA Guideline section 15378,subdivision (b) and other exemptions.
1
Further references to the Code of Regulations are referred to as CEQA Guidelines.(The term "CEQA Guidelines" refers to the regulations for the implementation of CEQAauthorized by the Legislature (Pub. Resources Code, § 21083), codified in title 14,section 15000 et seq. of the California Code of Regulations, and prescribed by theSecretary of Resources to be followed by all state and local agencies in California in theimplementation of CEQA. (
Ibid.
).)3
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