Google Bus Commuter Shuttle Lawsuit

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A lawsuit was filed against the city of San Francisco, Mayor Ed Lee, Google, Apple and Genentech today. This is that suit.

Transcript of Google Bus Commuter Shuttle Lawsuit

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    RICHARD T. DRURY (Cal. Bar No. 163559) MICHAEL R. LOZEAU (Cal. Bar No. 142893) REBECCA L. DAVIS (Cal. Bar. No. 271662) CHRISTINA M. CARO (Cal. Bar. No. 250797) LOZEAU | DRURY LLP 410 12th Street, Suite 250 Oakland, CA 94607 Tel: (510) 836-4200 Fax: (510) 836-4205 E-mail: richard@lozeaudrury.com rebecca@lozeaudrury.com Attorneys for Petitioners and Plaintiffs

    SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO

    COALITION FOR FAIR, LEGAL AND ENVIRONMENTAL TRANSIT, a non-profit unincorporated association; SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL UNION 1021, an organized labor union; SARA SHORTT, an individual; and ELIZABETH ALEXANDER, an individual, Petitioners and Plaintiffs, vs. CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation; BOARD OF SUPERVISORS OF THE CITY AND COUNTY OF SAN FRANCISCO, governing body of the City and County of San Francisco; PLANNING COMMISSION OF THE CITY AND COUNTY OF SAN FRANCISCO, a public entity; SAN FRANCISCO PLANNING DEPARTMENT, a public entity; MAYOR EDWIN M. LEE, in his official capacity; SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY, a public entity; BOARD OF DIRECTORS OF THE SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY, a public entity; and DOES 1 through 10, inclusive, Respondents and Defendants.

    Case No.: VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF (California Environmental Quality Act (CEQA), Pub. Res. Code 21000, et seq.; Code of Civil Procedure 1094.5, 1085) Dept: CEQA Case

    1 VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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    SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY, a public entity; ALTRANS- TRANSPORTATION MANAGEMENT ASSOCIATION, INC., a California corporation; APPLE, INC., a California corporation; BAUERS INTELLIGENT TRANSPORTATION, INC., a California corporation; BLACK TIE TRANSPORTATION LLC, a California limited liability company; COMPASS TRANSPORTATION, INC., a California corporation; EL CAMINO CHARTER LINES, INC., a California corporation; GENENTECH, INC., a Delaware corporation; GOOGLE, INC., a Delaware Company; HORIZON COACH LINES PAYMASTER LLC, a California limited liability company; MCCARTHY COOK & CO., a Delaware corporation; MCLEAN CONSULTING SERVICES INC., a California corporation; MERCURY TOURS, a California corporation; MOBILITY PLUS TRANSPORTATION LLC, a California limited liability company; PENINSULA TRAFFIC CONGESTION RELIEF ALLIANCE, a joint powers authority; PURE LUXURY LIMOUSINE SERVICE, a California corporation; REGENTS OF THE UNIVERSITY OF CALIFORNIA, governing body of the University of California; RIDEPAL, INC., a Delaware corporation; ROYAL COACH TOURS, a California corporation; the SAN FRANCISCO HEALTH COMMISSION, a public entity; SAN FRANCISCO MINIBUS CHARTER CO., a suspended California corporation; SFO SHUTTLE BUS COMPANY, a California corporation or corporate subsidiary; TRANSMETRO, a California corporation; WILLIAMS SONOMA, INC., a Delaware corporation; and ROES 1 through 100, inclusive, Real Parties in Interest and Defendants.

    2 VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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    Petitioners and Plaintiffs COALITION FOR FAIR, LEGAL AND ENVIRONMENTAL

    TRANSIT, SAN FRANCISCANS AGAINST DISPLACEMENT, a non-profit unincorporated

    association; SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL UNION 1021, an

    organized labor union; SARA SHORTT, an individual; and ELIZABETH ALEXANDER, an

    individual, (collectively, Petitioners) petition this Court on their own behalf, on behalf of their

    members, on behalf of the general public and in the public interest pursuant to Code of Civil

    Procedure (CCP) 1094.5 and Public Resources Code (PRC) 21168, or, in the alternative,

    pursuant to CCP 1085 and PRC 21168.5, for a writ of mandate, and for declaratory and

    injunctive relief directed to Respondents and Defendants the CITY AND COUNTY OF SAN

    FRANCISCO, a municipal corporation; BOARD OF SUPERVISORS OF THE CITY AND

    COUNTY OF SAN FRANCISCO, governing body of the City and County of San Francisco;

    PLANNING COMMISSION OF THE CITY AND COUNTY OF SAN FRANCISCO, a public

    entity; SAN FRANCISCO PLANNING DEPARTMENT, a public entity; MAYOR EDWIN M.

    LEE, in his official capacity; SAN FRANCISCO MUNICIPAL TRANSPORTATION

    AGENCY, a public entity; BOARD OF DIRECTORS OF THE SAN FRANCISCO

    MUNICIPAL TRANSPORTATION AGENCY, a public entity; and DOES 1 through 10,

    inclusive, (collectively, Respondents or City), and Real Party in Interest and Defendant SAN

    FRANCISCO MUNICIPAL TRANSPORTATION AGENCY (SFMTA). Petitioners are

    informed and believe, and thereupon allege, that real parties in interest to this action may include

    ALTRANS- TRANSPORTATION MANAGEMENT ASSOCIATION, INC., a California

    Corporation; APPLE, INC., a California company; BAUERS INTELLIGENT

    TRANSPORTATION, INC., a California Corporation; BLACK TIE TRANSPORTATION

    LLC, a California limited liability company; COMPASS TRANSPORTATION, INC., a

    California Corporation; EL CAMINO CHARTER LINES, INC., a California Corporation;

    GENENTECH, INC., a Delaware Company; GOOGLE, INC., a Delaware Company; HORIZON

    COACH LINES PAYMASTER LLC, a California limited liability company; MCCARTHY

    COOK & CO., a Delaware Corporation; MCLEAN CONSULTING SERVICES INC., a

    California Company; MERCURY TOURS, a California company; MOBILITY PLUS

    3 VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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    TRANSPORTATION LLC, a California limited liability company; PENINSULA TRAFFIC

    CONGESTION RELIEF ALLIANCE, a joint powers authority; PURE LUXURY LIMOUSINE

    SERVICE, a California Corporation; REGENTS OF THE UNIVERSITY OF CALIFORNIA,

    governing body of the University of California; RIDEPAL, INC., a Delaware Corporation;

    ROYAL COACH TOURS, a California corporation; the SAN FRANCISCO HEALTH

    COMMISSION, a public entity; SAN FRANCISCO MINIBUS CHARTER CO., a suspended

    California Corporation; SFO SHUTTLE BUS COMPANY, a California corporation or corporate

    subsidiary; TRANSMETRO, a California Corporation; WILLIAMS SONOMA, INC., a

    Delaware corporation; and ROES 1 through 100, inclusive, (collectively, Real Parties). By

    this verified petition and complaint (Petition), Petitioners allege as follows:

    INTRODUCTION

    1. Petitioners bring this action to challenge the April 1, 2014 decision of Respondent

    Board of Supervisors of the City and County of San Franciscos (Board) approval of the

    proposed Commuter Shuttle Pilot Program (Shuttle Project or Project) proposed by the San

    Francisco Municipal Transportation Agency (SFMTA), and issuance of a categorical

    exemption for the Project, illegally exempting the Project from review under the California

    Environmental Quality Act (CEQA), Pub. Res. Code (PRC) 21000, et seq. In doing so,

    the Board voted to uphold the January 21, 2014 decision of the Respondent Board of Directors of

    the SFMTA approving Resolution No. 14-023: (1) issuing a categorical exemption for the

    Project, (2) approving the Project, and (3) amending Division II of the Transportation Code to

    authorize the Project, and the decision of Respondent San Francisco Planning Department

    finding the Project to be exempt from CEQA review (collectively, the Project Approval).

    2. The Shuttle Project establishes a pilot permit program to authorize certain private

    commuter shuttle buses to stop in bus stops designated for San Franciscos Municipal transit

    system (MUNI) for the purpose of loading or unloading passengers, and establishing a fee for

    such permits, and penalties for permit violations. These shuttles are closed systems that provide

    service to a specific population and are not open to the general public.

    3. Prior to Project Approval, most private commuter shuttle buses were acting

    4 VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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    illegally, using public bus stops (MUNI stops) to load and unload passengers in violation of

    State law and the San Francisco Municipal Code. MUNI stops are designated by a red curb,

    which prohibits parking and stop