Later this year, Metro's 13 board members — including Yaroslavsky, Villaraigosa and his three appointees, Mel Wilson, Richard Katz and Jose Huizar — will approve the final route for the Westside Subway. The former Subway to the Sea will run from Vermont Avenue nine miles west, ending at the VA Hospital near the 405 in Westwood. If the Metro board of directors selects the Constellation route, how they reached that decision likely will come under scrutiny.
"Carmageddon," the July 16-17 closure of the 405 in Los Angeles, focused attention on how fears of a lawsuit by local residents can force Caltrans and Metro to back down. Caltrans and Metro surprised residents along the 405 early this year with a cheaper "alternative" plan for replacing Mulholland bridge that threw out an earlier design. Locals fought back. To avoid a potential years-long delay of the 405 widening project, Caltrans and Metro returned to the original plan.
PHOTO BY ANNE FISHBEIN
Beverly Hills Mayor Barry Brucker, kept out of the loop.
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The parallels to the war between Century City and Beverly Hills are plain.
"Metro is in a situation where they're pretty darn sure there's a legal challenge coming," says Rubin, the outside consultant. Metro will be "very careful" not to appear as if it slanted the findings to satisfy the desires of politicians or their friends.
Hollywood developer Jerry Schneiderman, who hammered Metro throughout the 1990s for its numerous mishaps and scandals including the collapse of Hollywood Boulevard during subway construction, says Beverly Hills officials could make life a nightmare for Metro — especially, he quips, if they hire him as a consultant.
In 1994, when he was president of the Hollywood Property Owners Association, Schneiderman recalls, Metro officials threatened to bankrupt him if he ever filed a lawsuit against the Red Line subway. So, "I decided I would bankrupt them first."
When a giant sinkhole collapsed Hollywood Boulevard, Schneiderman made Metro's life miserable. He hired a law firm that sought damages for numerous businesses on Hollywood Boulevard, and he and mass-transit watchdog John Walsh frequently made headlines attacking the costly boondoggle. The sinkhole, lawsuits, negative news coverage and other events helped boost Metro's annual insurance rate for the Red Line from $16 million in 1994 to $61 million in 1998, Schneiderman says.
"We did so much damage to [Metro's] reputation," he says, "that any politician looked silly supporting it." He says its federal funding plummeted between 1994 and 1998 — and many credited the Hollywood activists in part.
That year, Yaroslavsky authored a ballot measure that banned the use of county sales tax money for further subway tunneling, and voters effectively killed new subways in L.A. Ten years later, in 2008, voters changed their minds and approved Measure R, the half-cent countywide sales tax that will gradually pour $30 billion into the Westside Subway and other transportation projects across L.A. County.
Land-use attorney Robert P. Silverstein, who is battling Metro in a dispute over the Gold Line, says Beverly Hills Unified could challenge the validity of Metro's final EIR, a move that could soak up nearly two years and probably would delay construction of the Westside Subway. A judge can order the agency to re-study the issue and write another EIR — which can add another year of delay. If Beverly Hills officials don't like that revised EIR, they can sue again.
School district officials also could sue Metro for damages. "If Metro takes the land," explains Silverstein, a graduate of Beverly Hills High School who is not involved in the dispute, "Beverly Hills Unified probably can't build underneath the campus. That damages your property value."
The idea that it's crucial to move the subway stop two blocks, to the foot of Century City's skyscrapers, is seen by some as a symbol of L.A.'s leadership woes. "If this was New York, London, or Paris," says mass transit expert Wendell Cox, "that argument would be laughable."
In a room at the Century City offices of Sitrick and Company, Beverly Hills School Board president Lisa Korbatov is flanked by two PR consultants and an engineering expert. The district has approved $500,000 for legal, lobbying and consulting fees to fight the subway tunnel under Beverly Hills High School. Of that war chest, $350,000 came from the district's bond measure aimed, in part, at modernizing the high school built in the 1920s.
Korbatov is not happy about these expenditures, thinking the money would be better spent on students and facilities. "To make a little school district fight for their existence on this — to me, it's unconscionable what they're forcing us to do."
Cox says Beverly Hills officials have a good argument for sticking with their battle. The data show that neither proposed station will outdo the other, with Santa Monica attracting slightly more riders than Constellation. The possible lawsuits and delays attendant to tunneling underneath a high school campus can be avoided if Metro board members choose the Santa Monica station. Yet no elected official on the federal, state or local level is hinting at support for the Santa Monica subway stop.
"You can avoid the downsides," Cox says. Or you can roll the dice.
Century City News publisher Carlin, who's also a member of the Century City Chamber of Commerce, doesn't want to hear such talk. "Let's take care of Los Angeles for a change," Carlin says. "Beverly Hills is always taken care of."