In a decision that was a blow to the Expo Line Construction Authority’s proposed street-level crossing next to Dorsey High School, a Public Utilities Commission administrative law judge has ruled that MTA’s crossing plan is unsafe and that safety concerns voiced by the South L.A. community and by LAUSD valid.
Wednesday’s decision by Judge Kenneth Koss is, however, tentative. It can be adopted, amended or ignored by the full Public Utilities Commission on Friday, Nov. 21, but it is a major milestone in the public’s struggle over construction of the Expo Rail Line.
Rick Thorpe, chief executive for the Construction Authority, was taken aback by the verdict.
If the decision holds, he said it could cost the Authority $18 million to construct two pedestrian crossing bridges, to Dorsey and to the Foshay Learning Center and delay the opening of the line by up to three years.
“This is a major battle victory in a long and unfortunate war,” said Damien Goodmon the Chair of United Community Associations, whose project is the Citizens' Campaign to Fix the Expo Rail Line (Fix Expo).
"We are pleased the judge heard the safety concerns of the rail safety experts, traffic experts, LAUSD and the community. And we regret that the Commission didn't allow hearings on many of the other crossings. We believe that as the evidentiary hearings on Farmdale and Harvard revealed, the evidence used by the Expo Authority to support their assertions that they are building a safe project is unfounded, and it has been manipulated."
"We believe it is now incumbent upon our City Council members and congressional leaders to listen to the concerns expressed by the judge and experts regarding the safety of this crossing.
“They need to take into account the impact on the community of the grade separated options. This is a transportation project that will impact our community for 100 years. It is important we have a safe light rail line that is a complement and a good neighbor to the South LA communities that it passes through.”
Mr. Goodmon said his group intends to “go back to the community and discuss this further. For now, though, we are relieved that the street-level crossing has been taken off the table."
Russ Quimby, an international rail safety expert, testified in the hearing that the street-level crossing left a high risk of catastrophic accident (http://fixexpo.blogspot.com/2008/10/international-rail-safety-expert-russ.html):
“As proposed,” Mr. Quimby said, “the Farmdale Avenue crossing creates a high risk that students will be injured and killed because the proposed safety mitigation measures essentially put the burden on students to maintain their own safety. The proposed crossing also creates a higher risk of a catastrophic accident.
“By ‘catastrophic accident’ I mean an accident involving fatalities and/or injuries to a large number of people. As proposed, the at-grade Farmdale Avenue crossing creates the notable risk that a catastrophic accident may well occur under one of several different scenarios. For example:
“First, that a train will collide with a vehicle with sufficient force to either derail the train into and/or push the vehicle into the proposed ‘holding pens’ where several hundred students are trapped inside, killing or seriously injuring scores of students in a single accident.
“Second, that a train will collide with a vehicle (particularly a truck or bus) rupturing and igniting a fuel tank that would engulf students in the holding pen in flaming diesel or gasoline.
“Third, a combination of the above two scenarios where the students are crushed and burned simultaneously by vehicles and/or a derailed train.
“Regarding possible delay to the project:
“We have been saying the Farmdale crossing was not safe for over 15 years now. But out of bureaucratic arrogance and political indifference, MTA and our political leaders have fought us at every turn. So if there is a delay in the project, the delay is of MTA’s own making.”
Link to history of community comments documented in MTA's own studies: http://fixexpo.blogspot.com/2008/10/fact-community-has-been-expressing.html
Regarding budget impacts, Mr. Goodmon said:
“The MTA has appropriated $222 million extra to the project — including $54 million to add an overpass in Culver City, all the while telling us that there’s no money for grade separation in South L.A. They have resources. They have many options. They just have, and they continue to lack a concern for safety in South L.A.”
Here are excerpts from Judge Koss’ ruling, which also can be found at: http://docs.cpuc.ca.gov/efile/PD/92649.htm
• “Authority to construct and at-grade crossing at Farmdale
Avenue in the city of Los Angeles should be denied.
• “Authorization to construct a light rail line over an existing pedestrian
tunnel crossing at Harvard Boulevard in the city of Los Angeles should be denied.
• “Expo Authority proposed a state-of-the-art system of gates and other
warning devices at the Farmdale crossing, including swing gates to allow
pedestrians to exit the rail right-of-way when all other gates are down.
All of these gates, however, can be avoided easily by pedestrians. Considering the
large number of crossings during peak periods, and the student populations
using the crossing, we find that any system of gates or other warning devices at-
grade would not eliminate all potential safety hazards."
• “The parties discussed several other crossings at or near school sites along
other light-rail lines. However, none of these cases presented the unique
characteristics of the proposed Farmdale crossing at Dorsey. This issue,
therefore, provided little or no weight in our determination of practicability. “