The city of Burbank’s battle with LA Metro regarding the fate of the agency’s North Hollywood-to-Pasadena Bus Rapid Transit project will continue in court, possibly delaying the project until after the 2028 Olympic Games.
A Los Angeles Superior Court ruling handed down near 5 p.m. on Friday, July 17, denied LA Metro’s request for a preliminary injunction that would have swept away Burbank’s objections, extending the legal challenge at least another month.
If court delays last into September, LA Metro says that would postpone project completion until after the LA 2028 Summer Olympic and Paralympic Games.
LA Metro told the court it must start construction in Burbank by July 27 in order to complete the 19-mile BRT project by February 2028. With Friday’s ruling, Burbank will continue to deny the agency construction permits and that date for starting construction in Burbank won’t be met.
Instead, Judge Stephen Morgan will allow Burbank to present its arguments at a new hearing on Aug. 19. It’s unknown when a ruling on the entire case will be made. The only matter for certain is that Burbank’s case is still alive, and that LA Metro will start late building the bus-lanes project in Burbank.
In his ruling, Morgan wrote that even if the BRT project were delayed, LA Metro failed to demonstrate if the lack of a completed project renders “any specific consequences” that would affect the 2028 Olympic games, traffic or transit services for spectators.
Attorneys on both sides did not return emails. Daniel Amaya, a spokesman for the city, said in a release that while the case is pending, the city will have no further comment. He also did not respond to an email with questions on Monday.
LA Metro has already started building the BRT in Pasadena, with construction ongoing for several weeks on Arroyo Seco Parkway, Colorado Boulevard, Lake Avenue and more recently, on Hill Street near the eastern terminus at Pasadena City College.
Without immediate relief from the court, LA Metro’s lawsuit against Burbank says delaying the project in Burbank could mean delaying completion of one of its “Twenty-eight by ’28” Olympic and Paralympic games projects.
At stake is when construction can continue on the 19-mile bus rapid transit corridor connecting the San Fernando and San Gabriel valleys, two of L.A. County’s most populous subregions.
Metro says continuation of the lawsuit without a ruling in its favor jeopardizes a project planned for more than 10 years. It was authorized by L.A. County voters when they approved the half-cent sales tax of Measure M in 2016 with over 71% support. The ballot measure dedicated $267 million of local sales tax revenues to the Project.
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The project is a specialized bus service running mostly on bus-only lanes from North Hollywood’s B/G Line Station in the city of Los Angeles, eastward through the cities of Burbank, Glendale, L.A. again in Eagle Rock, and Pasadena.
Buses would be electric-powered with on-board batteries and equipped to control traffic signals when necessary for faster rides, Metro reported last year. Getting on and off the bus would take place at all doors, not just the front door.
About 700,000 vehicles ride daily in the BRT corridor, making it one of the most heavily traveled corridors in Los Angeles County without a premium transit service, Metro reported.
LA Metro says the project is scheduled to begin revenue service in February 2028 and is expected to serve approximately 35,000 daily riders, while reducing end-to-end travel time from roughly two hours to approximately 70 minutes.
As planned, the project would be 40% faster than existing local bus service.
One of the key bus-only lanes routes is along Burbank’s busy Olive Avenue, between Buena Vista and Lake streets.
Burbank has objected to turning over mixed-use lanes to the BRT, saying the regular traffic will back-up or spill over into nearby neighborhoods. Many businesses along that route also say the lane diet could drive away customers.
Burbank has demanded that LA Metro keep Olive Avenue all mixed-flow lanes, while LA Metro says in its lawsuit filed in May that such changes to the project will slow down transit service and are unauthorized since the contracts are signed and construction has begun.
“Dedicated bus lanes enable the faster, more reliable service that distinguishes BRT from conventional bus operations and that justified voter funding. The City is now attempting to use its review and permitting role to force their removal,” the lawsuit said.
Also, Burbank wants a supplemental Environmental Impact Report (EIR) to examine possible increased housing projects near the BRT bus stops. A new law, known as SB79, allows for high-rise apartments on mixed-use, commercial and residential zones located near specified transit stops in urban transit counties.
LA Metro must do more environmental studies on how new transit-oriented housing at the BRT bus stops will affect the city’s planning, utilities, and more at four BRT stops on Olive, the city has demanded.
The transit agency’s lawsuit says the city does not have the authority to order an amended or additional EIR, saying LA Metro approved the EIR and it has the state authority to do so.
The two sides disagree on what bus stops — if any — would trigger an SB79 project and guessing is conjecture.
In the judge’s Friday ruling, he said LA Metro “has a strong likelihood of success” on other causes of action, including debunking Burbank’s contention that it can demand a supplemental EIR. LA Metro said in the lawsuit the city lacks the authority under state law to do so.