Los Angeles: Sidewalk Litigation Demands Transparency and Reform

The Willits litigation alleges that the City has “violated the American with Disabilities Act and the Rehabilitation Act of 1973 by failing to install accessible curb ramps at intersections and failing to maintain sidewalks in a condition that is useable by class members who rely on wheelchairs, scooters, and other assistive devices to get around.”

Any settlement will involve not only sidewalks that are adjacent to City property (including the three proprietary departments, Water and Power, the Port, and LAX), but more importantly, will address the repair of sidewalks that are adjacent to our homes and apartments as well as commercial, institutional, and industrial properties.

Unfortunately, despite being deep in negotiations involving more than $1 billion, the City does not have a thorough understanding of the condition of our 10,750 miles of sidewalks or a comprehensive plan to repair our busted walkways, ramps, and curbs.

For example, earlier this year, the City indicated that 4,600 miles were in need of repair. However, this estimate may be misleading because it may include 100% of a property’s sidewalk when only 15% of the segments are damaged.

Furthermore, the City has not owned up to its responsibility to repair our tree damaged sidewalks. Instead, it is trying to dump this obligation on the taxpayers by devising self-serving schemes such as assessment districts, low cost loan funds, and 50/50 cost sharing programs.

The City Council is also considering yet another ballot measure in the spring of 2015. This would authorize $4.5 billion (or more) in new taxes to finance the repair of our streets and sidewalks that have been neglected by the City Council as normal maintenance funds have been diverted to pay for substantial increases in salaries, pensions, and benefits for our City’s employees.

In essence, we will have the privilege of paying twice for the repair and maintenance of our streets and sidewalks.

In a very modest step in the right direction, the City has allocated $27 million to fix sidewalks adjacent to City property. It has also requested the proprietary departments to do the same.

On November 12, the Public Works Committee introduced a series of motions addressing our streets and sidewalks, hoping to blunt some of the criticisms in Controller Ron Galperin’s July audit of the Bureau of Street Services.

But setting aside $27 million and a series of City Council motions does not constitute action or reform.

Before entering into a settlement agreement involving the Willits litigation, the City needs to develop a thorough understanding of the state of our sidewalks and a comprehensive plan to repair our sidewalks, ramps, and curbs. The City must also accept responsibility for tree damaged sidewalks.

The City must be open and transparent in the negotiations, including providing the voters, taxpayers, and the media with an update on the status of the negotiations, the cost of the settlement, and its impact on our wallets.

The voters, taxpayers, and the media also deserve a 30 day window to review, analyze, and comment on any settlement before it is presented for the City Council for approval.

There is no doubt that the Herb Wesson City Council will use this settlement to hammer home a tax increase by holding our sidewalks and streets hostage for a king’s ransom. But any tax increase to repair our infrastructure is doomed unless the City is completely transparent and is willing to reform its finances by giving the voters an opportunity to approve a Live Within Its Means charter amendment.

(Jack Humphreville writes LA Watchdog for CityWatch. He is the President of the DWP Advocacy Committee, The Ratepayer Advocate for the Greater Wilshire Neighborhood Council, and a Neighborhood Council Budget Advocate. Humphreville is the publisher of the Recycler Classifieds -- www.recycler.com. He can be reached at: [email protected].)
-cw