DIGGING INTO DECEPTION : The “Five-Foot Falsehood” and the Failure of AB 52 at the Barry Building

PERSPECTIVE - While the public battle for the Barry Building has largely centered on its iconic facade, a more profound deception is being unearthed in the project’s environmental review. By ignoring the depth of native soil, the City of Los Angeles has bypassed critical state protections and effectively shut out the voices of the land's original stewards.

The Hidden Conflict

While the battle over the historic Barry Building (HCM #887) often focuses on its mid-century architecture, a deeper, more ancient conflict is buried beneath the surface—literally. New evidence submitted to the LA City PLUM Committee reveals that the City of Los Angeles has potentially violated Assembly Bill 52 (AB 52), a state law designed to protect Tribal Cultural Resources (TCR), by ignoring its own geotechnical data and silencing indigenous voices.

The Physical Impossibility

The City’s Final Environmental Impact Report (FEIR) justifies a "No Impact" finding on tribal resources by claiming that excavation will only occur in previously disturbed artificial fill. However, the project's own specifications reveal a smoking gun that exposes a staggering lack of transparency:

• The Admission: In 2020, the City admitted in writing that artificial fill at the San Vicente site only extends to a depth of two feet.
• The Reality: The developer’s project plans require excavation down to five feet for foundation demolition and utility removal.
• The Violation: That three-foot gap represents undisturbed Alluvial fan deposits (native soils). This is the exact high-sensitivity zone where the Gabrieleno Band of Mission Indians Kizh Nation warned that Tribal Cultural Resources (TCRs) are likely to be found.

By claiming "No Impact" while planning to dig three feet into native earth, the City isn't just making a clerical error—they are ignoring the physical reality of the land to fast-track a demolition.

A Hollow Consultation and the Paper Trail of Silence

Under AB 52, the City is legally obligated to engage in meaningful consultation with affiliated tribes. "Meaningful" is the keyword, yet records obtained through the California Public Records Act show a pattern of non-response that renders the word hollow.

On August 30, 2022, the Kizh Nation demanded that the City provide "substantial findings" to back up their dismissal of tribal evidence. They asked for proof. Specifically, they requested documentation confirming whether the original native soils were ever truly removed and replaced with imported fill, or if the original earth was simply excavated and backfilled into the same location.

What did they get? Silence.

A recent inquiry confirmed a disturbing fact: Since that August 2022 request, there has been zero further communication between City Staff and the Tribe. Instead of answering the Tribe’s concerns, internal emails regarding the consultation were shielded under "attorney-client privilege". By failing to provide the requested data, the City has effectively blindfolded the Tribe, preventing them from protecting their ancestral heritage.

Why It Matters: A Procedural Failure

By failing to produce a valid record and moving forward on a record that is demonstrably deficient, the City has created a procedural vacuum. As the PLUM Committee prepares for its February 24th hearing (Council File 25-1518), they are not just voting on a building’s fate.

They are voting on a precedent: Can an environmental review be considered legally adequate when it ignores the physical reality of the ground it intends to break?

If the City of Los Angeles is willing to bypass state law and silence indigenous history to satisfy a developer's timeline, one has to wonder: what else is being buried beneath the surface?

LET YOUR VOICE BE HEARD: How to Take Action

The future of our city's heritage and the integrity of our environmental laws depend on public oversight. Reach out to the members of the Los Angeles City Council today and demand that they grant the appeal for Council File 25-1518.

The clock is ticking for the Barry Building. To ensure your objection is part of the official administrative record, you must submit your comments no later than February 20, 2026. When submitting, clearly reference the Barry Building Demolition Project: Council File No. 25-1518. 

1. Submit Your Comments Online:

The most effective way to ensure your voice is heard by the entire Council is to upload your comments directly to the public portal. Official Public Comment Portal:  https://cityclerk.lacity.org/publiccomment/?cfnumber=25-1518

To view the Full Council File, please follow the link below:

https://cityclerk.lacity.org/lacityclerkconnect/index.cfm?fa=ccfi.viewrecord&cfnumber=25-1518

2. Contact the PLUM Committee Directly:

In addition to the public portal, send your comments to the Legislative Assistant for the Planning and Land Use Management (PLUM) Committee to ensure they are distributed to the committee members: 

Attn:                Candy Rosales, Legislative Assistant, [email protected]

3. Reach Out to the Full City Council:

Use the table below to email each Councilmember directly and demand that they uphold state law and protect our history.

*Indicates: Councilmember is also a member of the PLUM Committee.

(Ziggy Kruse Blue is a freelance contributor to CityWatchLA.  Ziggy can be reached at [email protected])