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City Council May Pursue Legal Action on Subway

Mayor William Brien says in a statement that the council intends to hire legal counsel to "protect the city's interests...and if necessary, pursue litigation."

The City Council on Tuesday said it wants to hire an attorney to counter Metro's recent decision to route the under . Mayor William Brien released the following statement Wednesday:

Last night, the Beverly Hills City Council restated its unanimous opposition to a Westside Subway Extension route that would tunnel underneath Beverly Hills High School. City of Beverly Hills representatives will be meeting soon with school district representatives to discuss a coordinated, confidential strategy for stopping Metro from tunneling under the High School. 
The city has neither granted nor been asked to grant consent to Metro for a subway tunnel or subway stops in Beverly Hills. I want to be very clear that the City Council unanimously opposes a subway route that tunnels underneath the high school.
The City Council last night directed the City [staff] to engage special legal counsel to fully assert the City’s rights and to protect the City’s interests through the administrative process as Metro considers the final EIR[environmental impact report] and, if necessary, pursue litigation. The City Council reserves all options for dealing with this important issue. 
The City has already spent more than $200,000 to engage scientific experts who have raised serious questions about Metro’s justification for tunneling beneath the High School. These experts have called into question the scientific review process, including evaluating the Constellation station and the location of earthquake fault lines.

The statement came after residents appeared before a Tuesday council study session and voiced displeasure with Metro's lack of response to the city's subway studies. 

"The school board has done studies, the city has done studies, and Metro has ignored them," Marilyn Gallup told the council. "There's no reason to believe that they would be any more receptive to future studies. ... A resolution from the city council is what is needed, not another study."

Thomas White, Beverly Hills Municipal League president, called on the council to oppose the subway project entirely via a letter of opposition signed by the council, City Attorney Larry Wiener and City Manager Jeff Kolin.

"I don't know to what extent our withdrawal of consent will be effective, but I believe that it should be exhausted in terms of its possibility to protect the residential community ... and the business community as well," White said. "We should simply say 'No, no, no. You've had your chance and you've blown it.' "

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Jeremy Ziskind April 05, 2012 at 10:06 PM
BH's own independent study completely contradicts what its leaders are saying. http://www.beverlyhills.org/civica/filebank/blobdload.asp?BlobID=10400#page= Here is what that study actually concludes: "We agree with the conclusions of the Fault Report that the Constellation Station location appears to be more favorable than the Santa Monica Boulevard location based on the exploration data that is interpreted to show no faulting in the station area... Placing a station along the Santa Monica Boulevard alignment will be more risky than at Constellation Boulevard due to increasing likelihood of faults to the north, along the [Santa Monica Fault Zone]... The proposed tunnel crown is approximately 50 to 70 feet below the existing ground surface along the BHHS campus. The tunnel is therefore not likely to directly impact the campus facilities (as we understand their current use). The proposed BHHS underground parking garage could be constructed above the tunnel to a maximum depth of about 30 to 50 feet below grade, leaving at least 20 feet of undisturbed soil above the tunnels. Risks associated with ground loss during construction, vibrations during construction and operation, and hazards from methane and other gasses should be mitigated by the design and plans and specifications for the project." Enough already! Build the subway.
charles cordero April 05, 2012 at 10:29 PM
FYI Just have the builders leave enough clearance so the subway alignment doesn't impact the historic drill rig on campus.LOL
Charleen April 08, 2012 at 02:00 AM
These are lame pathetic excuses by the City of Beverly Hills . The RED LINE subway already runs under major buildings and schools in Downtown/ Mid Wilshire. Get it together people, its SAFE !
Joe April 13, 2012 at 04:37 AM
NIMBY NIMBY NIMBY SUE SUE SUE See Hill, Cheviot to see how this story turns out
Joe Parker April 13, 2012 at 04:45 AM
Joe, I hope it doesn't turn out like this. http://www.youtube.com/watch?v=79w_161D-Wc&feature=share

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