Fix the City Files Second Lawsuit: MP 2035 “Deemed to be Denied” After August 19, 2015 and Could not be Rescinded or Readopted
Los Angeles — Fix the City, a public interest advocacy organization, filed a follow-up lawsuit against the City of Los Angeles challenging its rescinding and readopting its controversial Mobility Plan 2035 on November 25, 2015.
“We believe that laws matter, public safety matters, public health matters and that quality of life matters. The City’s actions ignore the law and MP2035 fails on public safety, public health and quality of life.” said Laura Lake, a board member of Fix the City.
An earlier lawsuit was filed on September 8, 2015. That lawsuit argued that the MP2035 EIR was flawed and that the procedures followed by the City Council in amending the plan on August 11, 2015, violated the City Charter and LAMC 11.5.6. Under the Charter, if any changes are made after the Commission has approved a plan, those changes need to go back to the Commission within 75 days of the Mayor’s recommendation. August 19, 2015 was the last day to send it back to the Commission. It was not sent back and thus the law clearly states that after 75 days, it must be deemed to be denied. After that date, MP2035 needed to start over with the Planning Commission and any amendments. This did not happen, so the plan is dead under the Charter.
FTC’s first suit clearly demonstrated that the City had violated the law during its initial approval. The City acknowledged as much when it attempted to “cure” the problem by (improperly) rescinding and (improperly)readopting MP2035. Instead of going back through the Charter-mandated process and facing the public, the City has voluntarily and intentionally chosen to violate the City’s law again by trying to amend an improperly passed MP2035.
“How do you amend a plan that is legally dead? Pretend it is alive, ignore the law and hope to confuse a judge,” said Jim O’Sullivan Vice President of Fix the City. The second lawsuit challenges the clear and unambiguous Charter violations made by the City Council in taking action on a plan that had expired under city law.
MP 2035 was never lawfully adopted. It was never lawfully amended. And it was never lawfully rescinded or readopted. It is time to start over and initiate a plan that improves mobility rather creating more soul-crushing traffic.