Excerpts from City Attorney Jan Goldsmiths interview with

Darren Smith on The Mighty 1090, 7/15/15:

Responding to Mark Fabianis claim that the EIR represents an Ill-conceived legal strategy:
The legal strategy is to do a full-blown Environmental Impact Report. There is nothing new about that.
That is the ultimate; that is complying with the CEQA law to its fullest extent. The strategy that he (Mark
Fabiani) is complaining about is that its going to be too quick. Well, the people who actually prepare
these reports looked at it and they determined that they can do it. And heres how theyre going to do
it: Theyre putting a whole, large number of consultants, engineers, biologists on this. They have the
advantage that this is an existing stadium. We already know the traffic, the noise, the impacts. I mean
its been there for 50 years, so they already have a lot of data and they have the outside consultants on
board with the city who are capable of doing it. They are all willing to work whatever hours are needed
to get this done.
In fact, Marks constant stating to the city, Oh, you cant do it in time, has motivated them, because
were going to show him. That isnt a legal strategy, Darren, thats a management strategy -- from the
engineers, the biologists who actually do it. Mark Fabiani wouldnt known an Environmental Impact
Report if he stumbled over it. Hes never done one. I havent done one. I went to the people who
actually are doing it and I sat down with them, I worked with them, I asked them the tough questions.
We made them available to Mark Fabiani and the CEQA lawyers they had at the meeting, and they were
with him in the room and could have asked the same questions I asked, and chose not to Rather than
asking questions, they ended the meeting and said, OK, well get back to you.
On Mark Fabiani:
Hes a lawyer, hes a mouthpiece for the client, I have nothing against Mark Fabiani but hes been
advocating to the NFL for his client, the Chargers. The Chargers want an opportunity to go to Los
Angeles. Theyre in competition with the Rams and in some ways the Raiders. Mark has been telling (the
NFL): Hey, theres no chance of a stadium in San Diego, they havent had their act together and its just
not going to happen so you really have to give the Chargers an opportunity to move. And here we are in
San Diego saying, Even though the Chargers keep moving the goal posts, they wont rely on
exemptions, they require this, they have a very short timeline, we can do it. Heres how were doing it.
And yesterday the City Council said, Yes, we agree it can be done and were going to put some money
to it and were going to make it happen. We want to show the NFL -- and some said the Chargers that
were serious. So that doesnt play well with Marks advocacy to the NFL. It undermines him. Its his
worst nightmare that we have our act together. We really do. We have a motivated mayor. We have the
Councils support. We have Countys support. We have a team of biologists and engineers who know
what theyre doing and are putting together an Environmental Impact Report. And we have my lawyers

who are working hard with them to make sure its done right and we have the foremost expert in the
state in the CEQA law on board. Thats not good (for him).
On what motivates the Chargers resistance to this EIR:
Lets keep it in perspective. Mark Fabiani and Dean Spanos are not saying, Were leaving for LA because
we can make more money in Los Angeles and we just dont want any more to do with San Diego. If they
were to say that, thats a different dynamic, I will tell you. Their partners in the NFL would not like that.
Because teams are not suppose to leave simply for a greater pot of money. So theyre not saying that.
Theyre saying, We want to leave because we dont think a stadium can be built.