After delaying a final verdict three times, the California Public Utilities Commission is scheduled tomorrow to adopt a decision on the remaining proposed Expo Line crossings at Dorsey High School and Foshay Learning Center.
The original Proposed Decision, which came out in October, was written by the Administrative Law Judge Kenneth Koss in coordination with Commissioner Timothy Alan Simon, and devised after days of testimony and cross-examination and public hearings.
The Koss/Simon proposed decision mandated a pedestrian bridge at Harvard Avenue next to the Foshay Learning Center, and a grade separated option at Farmdale Avenue (street closure with a pedestrian bridge). The proposed decision is a recommendation, which must then be forwarded to the five-member CPUC board for approval, denial or amendment.
Since the decision was first delayed, the Expo Authority/MTA hired a former Enron lobbyist and Expo/MTA engaged in nearly two dozen closed door meetings/conversations with the Commissioners and their advisers attempting to reverse or lessen the strength of the proposed decision.
They have — unfortunately, according to critics — succeeded in some respects. The following has occurred over the past three months:
1) They convinced the assigned Commissioner Simon to revise the proposed decision, remove the mandated pedestrian bridge at Foshay and, instead, simply request Expo/Metro come back with more information and a better mitigation plan. It basically went from denying the MTA's application and requiring a bridge, to denying the MTA's application and requesting more study.
More Changes
2) They convinced Commissioner Rachelle Chong to write an Alternative Decision, which has since been revised twice. Ms. Chong did not attend the public hearings at Dorsey or Foshay and did not oversee the nearly 2 1/2 year case, let alone the week-long trial, with expert witnesses and cross-examination. Ms. Chong's alternative decision removes the mandated bridge at Foshay, but unlike Mr. Simon's revision, gives Expo approval to build across Harvard as is without even requiring them to come back with a further study on ways to mitigate concerns. Ms.
Thankfully, at least, Expo/MTA has failed to change things at Farmdale. Both decisions still mandate a grade separation at Farmdale.
Additionally, County , Supervisor Zev Yaroslavsky, who fought efforts to change the Farmdale crossing a year ago, has also participated in what has been described as an undemocratic process by calling at least one commissioner, pledging his support for the Chong Alternative Decision. Frankly, I personally, and Fix Expo as a group, has run out of patience with westside politicians negatively interfering in this process regarding the safety and impacts of South LA. Anyone who does not live in this area, who does not represent this area, whose children, people and constituents are not being put in peril, should only comment in favor of the community and more safety, activists say. It is a microcosm of the failed process that has created an unsafe, inequitable line, they add, where South L.A. has simply been treated like a go-between and not considered.
Furthermore, many activists were disappointed that in all of the reporting the way that the CPUC appeared to be let off the hook regarding the tragic Metrolink Chatsworth.
They are the state's rail safety oversight agency — the final decision- maker — the one's who are supposed to make sure that safe tracks and policies are adhered to.
The CPUC clearly had a direct role in allowing the dysfunctional rail safety culture at Metrolink and Metro to go unchecked and now people are dead. Activists say that anyone who wants to firmly understand the systemic failures that led to the Chatsworth accident, led to Metrolink being one of the least safe commuter rail systems in the country and the Blue Line being the deadliest light rail system in the country, need only look to this CPUC proceeding.
Yesterday, the Los Angeles Unified School District sent a letter to 4 of the 5 commissioners voicing their severe disapproval of what it called a flawed process, specifically focusing on the activities that led to the Alternative Decision. LAUSD requested the item a) be removed from tomorrow's meeting, and b) that an all-parties meeting be held.
Mr. Goodmon may be contacted at dg@fixexpo.org
