The Infrastructure Coalition

SATURDAY, APRIL 16, 2011

Infrastructure Lawsuit Appeal Filed

Thursday, April 14, 2011

Infrastructure Lawsuit Appeal Filed

FOR IMMEDIATE RELEASE Contact: Sabrina Venskus

April 14, 2011 (213) 482-4200

venskus@lawsv.com

Infrastructure Lawsuit Moves to Next Phase

An appeal was filed today by several Los Angeles community groups to overturn a Los Angeles Superior Court judge’s denial of their landmark lawsuit to force the city to produce and implement its Annual Report on Growth and Infrastructure. Superior Court Judge John Torribio ruled the City of Los Angeles need not follow mandatory duties and mitigation measures set out in its General Plan Framework Element, the City’s “land use constitution”. The appeal requesting review of the decision was filed in the Second District Court by group attorneys Sabrina Venskus and Doug Carstens. The original complaint was filed in 2008, case number L.A.S.C. BS115435.

As part of its General Plan update, the City promised to monitor and report upon its infrastructure, including public services, and population growth, and further to put building controls in place if growth was found to outpace infrastructure availability. The City has not produced and implemented an Annual Report on Growth and Infrastructure since 2000.

“With fire services being cut, police hiring being frozen, roads deteriorating, libraries schedules being cut, park staff and hours being cut, traffic gridlock, water main breaks occurring and water rationing put into effect, there is little doubt that the infrastructure is more than threatened – it is collapsing,” said Lucille Saunders of the La Brea Willoughby-Coalition, one of the groups suing. “ Now we know why.

Many of the city’s community plans clearly describe the required monitoring and mitigation set forth in the General Plan. Those community plans state:

“…if this monitoring finds that population in the Plan area is occurring faster than projected; and, that infrastructure resource capacities are threatened, particularly critical ones such as water and sewerage; and, that there is not a clear commitment to at least begin the necessary improvements within twelve months; then building controls should be put into effect, for all or portions of the West Los Angeles Community, until land use designations for the Community Plan and corresponding zoning are revised to limit development.”

The City provided further clarity in their mitigation program for the General Plan. It states:

“Lastly, the policy requires that type, amount and location of development be correlated with the provision of adequate supporting infrastructure and services”

Unfortunately, the City has failed to implement its own mandated policy, resulting in the predictable: existing residents and businesses are dealing with an utterly dysfunctional government that fails to improve its infrastructure and provide adequate public safety services.

Jim O’Sullivan of Fix the City, another group involved in the suit, stated: “We will pursue this lawsuit as far as necessary to force the city to do its job as required by law. The city’s failure to ensure adequate infrastructure is costing us police and fire coverage and putting public safety at risk. We just are not going to let that happen.” ###

at 11:42 AM
Subscribe to: Posts (Atom)

Comments

Post a Comment

Popular posts from this blog

Los Angeles has worst ozone pollution in entire USA

When was the last time, you heard public officials even mention this aspect of public health -- the worse air of any urban area in the entire United States -- in any landuse decision. Even now, when there is the possibility of use Recovery Act money for less polluting infrastructure, their reflexive response is public investment for roads, highways, and bridges. What a lost opportunity to not just improve alternative transportation modes, but also address high levels of ozone pollution and particulate matter. America's Most Polluted Cities Rebecca Ruiz, Forbes Magazine, 04.29.09, 3:01 AM ET This time of year, many Americans are concerned with sunburns. In some areas, they should pay more attention to smog. The reason? Though it's often invisible, air pollution is a threat to 186 million Americans, according to a new report released by the American Lung Association. The annual report--State of the Air 2009--found that six in 10 Americans live in counties where ozone o...
Read more

Presentation to City Planning Commission on Hollywood Mega-Project

December 10, 2009 REGARDING THE PROPOSED COLUMBIA SQUARE PROJECT CPC-2007-9911-GPA-VZC-HD-CUB-CUX-VCU-SPR-DA A MIXED-USE PROJECT IN THE HOLLYWOOD COMMUNITY PLAN AREA I am Richard Platkin, a city planning consultant, presenting today on behalf of the La Mirada Avenue Neighborhood Association of Hollywood. I am offering testimony in support of their opposition to seven entitlements for the proposed Columbia Square project, including a plan amendment, zone change, and height district change Prior to becoming a planning consultant, I earned graduate degrees in city planning and sociology, worked for the City of Seattle, worked for non-profits and private firms in Los Angeles, and was a Los Angeles City planner from 1987 to 2007. During my 20 years in LA’s Department of City Planning most of my professional assignments dealt with long range planning, and I was, in fact, part of the team which prepared the General Plan Framework. I therefore think I can speak with some expertise on whet...
Read more