SANDAG VOTES TO APPEAL TRANSPORTATION PLAN DECISION TO STATE SUPREME COURT

East County News Service

December 7, 2014 (San Diego)—By a 20 to 1 vote, the San Diego Association of Governments (SANDAG) has voted to appeal a ruling on its 2050 Regional Transportation Plan to the California Supreme Court.  Oceanside Deputy Mayor Chuck Lowery cast the lone vote against filing the appeal.

A trial court and appellate court both previously found that SANDAG’s transportation plan violated state law by failing to adequately reduce greenhouse gas emissions that contribute to climate change.  Cleveland National Forest Foundation (CNFF), which filed the case, and other environmental groups have long contended that SANDAG’s plan put too much emphasis on building freeways first, and improving mass transit later. They further contend that SANDAG’s plan encourages sprawl and air pollution.

The court also faulted SANDAG for excluding “informed public participation and decision-making” in the Environmental Impact Report.

Jack Shu, president of CNFF issued voicing disappointment in SANDAG’s decision to appeal the multiple court losses.  He says, “It is a waste of our community’s financial resources, and will cause additional delays to the work of SANDAG staff to develop comprehensive transit-first transportation scenarios to serve all of San Diego County.”

Shu said he remains encouraged by the increasing numbers of San Diegans who are asking elected representatives to use our region’s regional transportation budget to prioritize transit and bike infrastructure.  He adds, “CNFF remains committed to working to improve quality of life in the San Diego region, including advocacy to improve transportation choices, quality of life, the economic benefits of transit-oriented development, and to the preservation of our truly special natural environment by limiting sprawl.”

It remains to be seen whether or not the California Supreme Court will decide to hear the appeal or not.

If the decision stands, it could also trigger revising the County’s General Plan, backcountry land use forum blogger Charlene Ayers observes, adding that development of the General Plan cost a reported $18 million .

SANDAG has argued that the appeal is needed to clarify state law and contends that if the high court hears the case, it would establish precedent for planning agencies statewide.

Governor Arnold Schwarzenegger set greenhouse gas emission reduction goals back in 2005 with an executive order. One year later, the Legislature passed AB 32, which moved up the timetable from 2050 to 2020 for meeting key goals.  Two courts have held that the Legislature merely expanded on the Governor’s goals.  Defendants tried to argue that the Legislative action nullified the Governor’s order.

La Mesa Councilwoman Kristine Alessio, an attorney and SANDAG member who voted for the appeal, claims that by the court’s logic, “you could gut CEQA with an executive order.”  In an interview with Voice of San Diego, she states that her decision is based on “application of fact of law.”  She also says that only two constituents in La Mesa asked her to vote against the appeal and further claims, “Most of my constituents are irritated at CNFF for filing the suit in the first place. My constituents want me to close some of our trolley stations. They want freeway offramps completed, that’s what they want from SANDAG and MTS ( Metropolitan Transit Service).”

Shu, in an e-mail to East County Magazine, fires back that he personally knows of about 10 people from La Mesa who e-mailed Alessio urging her to vote against an appeal.

Countywide, the public overwhelmingly has voiced support for improving mass transit.

A Public Policy Institute survey conducted in 2000 found that 85% of San Diego adults surveyed and 82% of likely voters support “building a superior public transit system, so that more people have an incentive to use mass transit instead of their cars.”  In addition 67% of likely voters would support limits on growth boundaries to discourage development.

Councilwoman Ruth Sterling indicated in an e-mail forwarded to ECM from CNFF leaders that Alessio failed to consult with other Councilmembers before casting her vote, even though La Mesa's Council has asked its SANDAG representative to consult with the full Council prior to key votes.

As for Alessio’s interpretation of the law, prominent attorney Corey Briggs sent this pithy response to ECM's request for comments: "She's a fucking idiot."

Shu offered this reaction. “Three out of four Judges who read all the documents and know the law pretty well don't agree with Councilwomen Alessio and the rest of the SANDAG Board that voted to continue their own interpretation of law and truth. All the legislation that passed after the Exec. Order are based on its goal, they do not over ride the goals for GHG reductions. SANDAG's own documents (CAP) state how important it is to follow the Executive order.”

He points out that other regions in California are following the law; only San Diego has refused. “That is why the State Attorney General is with the plaintiffs on this case,” the CNFF president concludes.