Filed April 16, 2013
Slip Op. at 26. Thus, holding CEQA applies to the Council’s decision to adopt the Initiative does not invalidate Elections Code §9214 as the election option is expressly exempt from CEQA per Guideline §15378(b)(3). Rather, at most, timing restraints may limit an agency’s ability to adopt the initiative as its own under §9214(a) and force the agency to hold an election to allow the citizens to decide the issue pursuant to §9214(b).
Filed August 27, 2015
Relevant here, discretionary projects subject to CEQA include “actions undertaken by any public agency including but not limited to public works construction” and publicly- financedactivities. Cal. Code Regs., tit. 14, § 15378(a)(1), (2). Thus, CEQAoperates only in conjunction with discretionary agency actions to pursuethe state’s proprietary interests, including NCRA’s discretionary actionsto lease therail line, fund line repair and rehabilitation, and carry out its project. See Agency:7-8 (stating same).
Filed March 14, 2013
The CEQA guidelines specifically exemptinitiatives from environmental review,and attempts to subject voter-sponsored initiatives to the CEQA process havefailed. Cal. Code Regs., tit. 14, § 15378; subd: (b)(4); Northwood Homes,Inc., v. Town ofMoraga (1989) 216 Cal. App. 3rd_ 1197, 1206-07 (“When the electorate undertakes to exercise the reserved legislative power, the city has no discretion and acts as theagent for the electorate. In such event, the enactmentofthe initiative measure is excluded from CEQA compliance.