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Westside group sues L.A. over Midvale Avenue homeless housing project

A Westide nonprofit has sued the city of L.A. over a 33-bed interim homeless shelter at Midvale Avenue and Pico Boulevard.
A Westide nonprofit has sued the city of L.A. over a 33-bed interim homeless shelter to be located in the city-owned parking lot at Midvale Avenue and Pico Boulevard, above.
(Myung J. Chun / Los Angeles Times)
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A Westside nonprofit group sued the city of Los Angeles this week over a 33-bed homeless housing facility, arguing city officials failed to study the environmental effects of the project and didn’t follow a competitive bidding process.

The lawsuit by Fix the City alleges violations of state and city law over the planned housing project at Midvale Avenue and Pico Boulevard.

A representative for City Atty. Hydee Feldstein Soto declined to comment, citing a policy of not weighing in on the litigation.

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Mike Eveloff, president of Fix the City, called the project “expensive, illegal and ill-conceived.”

The council, with exception of one member who was absent, voted unanimously Friday to support the construction of a 33-bed interim homeless housing facility on a city-owned parking lot at Midvale Avenue and Pico Boulevard.

Oct. 20, 2023

“This lawsuit is not just about the Midvale project; it’s about the fact that laws matter and we all deserve transparency in government actions and a right to fair, open and legal processes,” Eveloff said.

The City Council unanimously approved the homeless housing facility in October, with city leaders arguing it will bring much-needed beds to the Westside. Councilmember Katy Yaroslavsky has said that fewer than 100 of the city’s 16,000 homeless beds are in her district.

In its lawsuit, Fix the City alleges that the city violated the state’s Environmental Quality Act, known as CEQA, by not studying the project’s environmental effects. The landmark law requires developers to disclose such effects and mitigate harm.

Fix the City also alleges that the city pushed through the project, relying on Mayor Karen Bass’ declaration of a local emergency on homelessness and housing — which the group is seeking to repeal — to circumvent the competitive bidding process.

The lawsuit, which was filed in Los Angeles County Superior Court, cites city emails, obtained through a public records act request, showing Bureau of Engineering officials discussing the project. In one email, a top official recommends a competitive bidding process, warning that there will be “very high costs per bed” without one.

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Yaroslavsky’s office declined to comment on the lawsuit.

The proposed facility made news in October when Bass abruptly removed the president of the Transportation Commission days after he led his colleagues in delaying a vote on the environmental review waiver.

A city audit found that quality issues with the Los Angeles Homeless Services Authority’s interim housing data make it “nearly impossible” to find available shelter beds.

Dec. 6, 2023

Then-commission President Eric Eisenberg expressed concern about the waiver at a meeting and asked for a delay so the panel could hear more about the project from city representatives. He was then taken off the commission by Bass and the commission passed the waiver at a subsequent meeting.

Fix the City regularly sues the city over planning-related issues. The group also filed a lawsuit in September over Bass’ emergency declaration.

In that suit, the group contends that the mayor’s declaration, and accompanying directives, have allowed 100% affordable housing developments to skip the city’s planning review process, eliminating “public hearings, due process and the right of appeal” for such projects.

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