Tuesday, March 16, 2010

Political Interference in the CPUC Judicial Process

Posted by Fix Expo Team On June - 29 - 2008 ADD COMMENTS

While the South LA community was fighting to literally protect children’s lives, our own elected representative, Council Member Bernard Parks, along with Santa Monica politician State Senator Sheila Kuehl, were applying pressure on judicial officers of a State oversight agency to impede our efforts in court.

The South LA community, teachers, parents, and child advocates have long expressed reservations about the unsafe street-level design of the Expo Light Rail Line, particularly around our schools like Dorsey HS (10 feet of the railroad crossing) and Foshay Learning Center (50 feet of the crossing). The state oversight agency for the safety of all rail crossings is the California Public Utilities Commission (“CPUC”). All transportation agencies attempting to build and operate a rail line across any street in California must submit applications and receive approval from the CPUC. The CPUC can either approve or reject a crossing application on the grounds of safety, and has rejected countless railroad crossing applications in the past.

One of the lead groups of the Fix Expo Campaign, Expo Communities United (“ECU”), exercised its legal rights by protesting all of the unsafe street-level Expo Line applications, and requesting a hearing to discuss the safety hazards and needed safety upgrades. In the process ECU delayed what would have been a 60-day rubberstamp process.

The ECU research team amassed an extensive record proving that the street-level crossings were not safe. Among the evidence submitted were:
a) internal memos expressing reservations about the safety of the crossings by the staff of numerous public agencies, namely the PUC’s own engineers & former LADOT General Manager Gloria Jeff; and
b) a convincing showing that the bulk of the Expo Line design was an exact replica of the deadliest & most accident-prone light rail line in America, the MTA’s Blue Line, & would operate in more complex environments, meaning even more accidents & deaths could be expected. Surely an opportunity to argue the case would be provided, further lengthening the application process.

Unexpectedly, on August 14, 2007 Commissioner Timothy Simon, one of five governor-appointed representatives to the CPUC, and the assigned Commissioner to the Expo Line case issued an “Open Letter to Lawmakers Regarding the Expo Line Proceeding,” stating that he was receiving pressure from local legislators to expedite the case. In the letter Simon stated that he considered approving the applications and expediting the case “of the highest priority.” Commissioner Simon specifically said, “approving these applications” as though a determination had already been made, even though ECU and LAUSD had yet to present their cases to the CPUC.

In an email on November 19, 2007 (pdf), Commissioner Simon’s Chief of Staff identified the legislators who were contacting him with concerns about the “time consuming process of approving these applications” that led to the Open Letter:

  • STATE SENATOR SHEILA KUEHL (Santa Monica)
  • COUNCIL MEMBER BERNARD PARKS, who represents the area where the Expo Line passes within a stone’s throw of sensitive sites like Foshay Learning Center, and operates without even basic crossing gates in a design that is exactly like one of the most accident-prone sections of the Blue Line.

When the letter was issued, Simon had not yet been confirmed to the Commission by the California State Senate, in which Sen. Kuehl is a very influential member. Simon’s eventual confirmation hearing, which occurred months later, was filled with controversy about his ethics (PUC Member’s Donation Request Raises Questions – LA Times). At the time Kuehl was also pushing legislation to remove the jurisdiction of rail crossing safety from the CPUC.

And we have confirmed that Bernard Parks has been accepting donations for his campaign for County Supervisor from MTA and Expo Line contractors in violation of California law.

Download the flyer of the above text click here

Popularity: 1% [?]

Our op-ed on the Mayor’s proposed 1/2-cent sales tax increase for transportation appeared in CityWatch:




“The discrepancies on the Expo Line need to fixed and this institutional discrimination cannot be tolerated. If the MTA and Mayor Villaraigosa go back and find the additional money for grade separations for South LA like they did for Culver City, or simply scale back the Expo Line and only build the portions they can afford to build correctly, we’re prepared to support his sales tax measure.

“But increasing the tax burden on the taxpayers of South LA, who are being hit the hardest by the economic downturn, for rail projects that primarily benefit other areas, like a subway under Hancock Park, Beverly Hills and Century City, or threaten our children’s lives and harm our community, like the street-level design of the Expo Line is simply pouring salt on our wounds and furthering MTA’s discriminatory tactics.”

Click here to read the entire article:

Discussion of a possible ½-cent sales tax increase for transportation that would be forced upon all residents of Los Angeles County has been dominated by Westsiders and the Valley, with those regions demanding something in return for their support. What about the South Los Angeles region, which is among the country’s most economically challenged and whose residents and businesses the tax hike would impose the greatest hardship?

A growing South Los Angeles coalition of neighborhood councils and community organizations, has come together to demand equal investment and equal treatment from the MTA regarding Phase 1 of the Expo Light Rail Line from Downtown LA to Culver City. En route to Culver City the MTA’s train is planned to cut through South LA residential community across the major intersections of Vermont, Normandie, Western and Crenshaw at street-level.

In addition to the adverse traffic impacts of the street-running design, the lack of even basic crossing gates and grade separation (overpasses and underpasses) at almost all of the intersections, ensures that South LA will endure countless accidents and deaths from the Expo Line, as evident by the MTA’s own Blue Line. The Blue Line similarly slices through the black and brown communities of South LA, Watts, Willowbrook and Compton en route to Long Beach from Downtown LA, and is America’s deadliest light rail line.

The close proximity of over a dozen schools and parks, including several that are within a stones throw of the Expo Line, is especially worrisome, and has prompted opposition to all or portions of the street-level design from UTLA, LAUSD Parent Collaborative, and the LAUSD Board of Education.

In the early planning stages of the Expo Line, all residents, teachers and parents expressed safety and environmental impact concerns – in South LA and in Culver City. The Culver City Council responded by passing a motion prohibiting any street-level crossings in their city and threatening to tie the project up in court if the MTA tried to push through their original design that called for all street-level crossings in their city.

MTA eventually complied with Culver City’s demand, adding very costly overpasses and realigning National Blvd so the Expo Line would not cross any street at street-level, thereby imposing no safety risk, no traffic impact and eliminating other adverse impacts. These upgrades came at a price, which is best illustrated by the vast discrepancy in the amount of tax dollars MTA is spending for the one mile of the Expo Line from La Cienega to the Robertson terminus in Culver City ($185 million) vs. the 4.5 miles in South LA (just $140 million).

The MTA’s failure to apply the same standards across all residential communities from Downtown LA to Culver City has resulted in an 8.5-mile light rail line that places all of the safety hazards and adverse environmental impacts on low-income and/or minority communities, and none on the majority Caucasian middle to upper class community west of La Cienega. The legal term for this is environmental racism.

We in South LA paid our taxes, but are not receiving the same safety enhancements, traffic mitigation or amount per mile as the community west of La Cienega. In fact, the City of Los Angeles is contributing $35 million to the construction of the line, compared to just $4 million from the City of Culver City.

South LA is being forced to assume a much higher risk, and be imposed a much greater burden for a project that’s primary purpose is to benefit the areas to our east and west. That’s not right.

Children in South LA shouldn’t be forced to walk across Expo Line tracks, if they won’t be in Culver City.

Residential communities, traffic and emergency response times shouldn’t be disrupted in South LA, if they won’t be in Culver City.

The discrepancies on the Expo Line need to fixed and this institutional discrimination cannot be tolerated. If the MTA and Mayor Villaraigosa go back and find the additional money for grade separations for South LA like they did for Culver City, or simply scale back the Expo Line and only build the portions they can afford to build correctly, we’re prepared to support his sales tax measure.

But increasing the tax burden on the taxpayers of South LA, who are being hit the hardest by the economic downturn, for rail projects that primarily benefit other areas, like a subway under Hancock Park, Beverly Hills and Century City, or threaten our children’s lives and harm our community, like the street-level design of the Expo Line is simply pouring salt on our wounds and furthering MTA’s discriminatory tactics.

Popularity: 6% [?]

Recent Press

Posted by Fix Expo Team On June - 28 - 2008 ADD COMMENTS

Several links to recent press on this issue have been added to the “Press” section on the right hand column.

  • A brief blurb about Gloria Molina’s comments regarding the equity in transit funding at Thursday’s MTA Board Meeting appeared in the LB Press-Telegram:

Molina, in particular, expressed her displeasure during the MTA meeting that the tax would fund a subway to the Westside, while East Los Angeles and South Los Angeles have been allocated cheaper above-ground light rail systems.

“When it goes to the west side of town, they get a subway. When it went to the east side of town, you had to get light rail above ground,” Molina said, calling light rail a “second-class system.” Molina later retracted that statement, but maintained that above-ground rail was less convenient and noisier than subways.

“We were ripped off of our subway,” she said

  • This excerpt from our Public Records Act request of Bernard Parks appeared in Betty Pleasant’s June 26th Soulvine:

THESE ARE PIT BULLS! — Expo Communities United, the group organized to deal with the Exposition Metro Line scheduled to cut a swath through residential neighborhoods from downtown L.A. to Culver City, is a tenacious bunch. In its ongoing fight for safety amendments to the Expo Line’s plans, the group has invoked the California Public Records Act and requested of Councilman Bernard Parks that he, personally, provide the organization a whole lot of documents pertaining to the Expo Line’s construction. The June 6 CPRA request was signed by Expo Communities United leaders Damien Goodmon, Clint Simmons and Carol Tucker, and pursuant to the law, Parks has until the close of business tomorrow to comply — or else.

  • This excerpt from our complaint filed with the Fair Political Practices Commission regarding Parks’ illegal campaign donations from MTA contractors appeared in Betty Pleasant’s May 29th Soulvine:

The Citizens’ Campaign to Fix the Expo Line filed a complaint, along with exhibits, Tuesday with the Fair Political Practices Commission alleging that Councilman Bernard Parks, appointee to the MTA and the Expo Authority boards of directors, is bankrolling his campaign for the 2nd Supervisorial District with contributions from MTA contractors in violation of three state conflict of interest laws. On Wednesday, the group filed a complaint on the same allegations with the state Attorney General’s Office.

Popularity: 2% [?]

The Environmental Justice Fact Sheet

Posted by Fix Expo Team On June - 25 - 2008 ADD COMMENTS

We’ve uploaded our Environmental Justice Fact Sheet to the web (link to pdf). You can access the document, along with all of our other flyers and fact sheets on the right hand corner under “Fact Sheets & Forms”

Popularity: 4% [?]

UTLA Stands Up for Our Children & Schools

Posted by Fix Expo Team On June - 20 - 2008 ADD COMMENTS

On January 16, 2008, the United Teachers Los Angeles House of Representatives stood up for the safety of children and the preservation of learning environments through HOR 11-7-07 Special Order #13:

Moved by Elaine LeBoeuf, seconded by Susie Chow that UTLA oppose the construction of the Expo Rail Line (light rail) as it is proposed. At least 5 schools are less than 100 feet from the at-grade (street level) rail which will be an extreme hazard to students, teachers and the general public. UTLA recommends that MTA build the train totally grade separated as it will be in Culver City and underground (as it will be at Figueroa Street at USC) in this high density area. Noise pollution is also a concern. Take it back to [the] Commission for a safer proposal.
Rationale: We are concerned about the safety and welfare of [the] general public (dogs and cats, too) in this densely populated area. Students will have difficulty concentrating with bells and whistles every 2 1/2 minutes. Sound walls can’t be constructed to mitigate this circumstance.

Special thanks go to UTLA Dorsey HS Chapter Chair Noah Lippe-Klein, and UTLA Community Relations Chair Elaine LeBoeuf.

The motion can be downloaded by clicking here.

Popularity: 1% [?]

(Schools within 1/3rd of a mile of the Expo Line)

At their November 13, 2007 meeting, the LAUSD Board unanimously adopted the Keeping Kids Safe Resolution presented by Board Members Marguerite LaMotte & Julie Korenstein supporting the position of the community requesting Expo Line grade separation at Farmdale (Dorsey HS), opposing Expo Line at-grade crossings in close proximity to school sites that aren’t sufficiently mitigated, and directing their legal department to fight to such ends.

Continue reading to view the full text of the resolution:

Whereas, The Metropolitan Transportation Authority’s (MTA) Expo Light Rail Line is proposed to operate primarily at-grade;

Whereas, According to the Summary of Metro Blue Line Train/Vehicle and Train Pedestrian Accident Report (7/90-6/07), in 17 years of operating primarily at-grade, the Metro Blue Line has become the nation’s deadliest and most accident-prone light rail line in the country, and statistics indicate 88 deaths and 795 accidents have occurred in urban areas with lower vehicular and pedestrian traffic volume and residential density than the Expo Rail Line corridor;

Whereas, The proposed Expo Line’s median-running and side-street running designs from the intersection of 11th and Flower Streets to Arlington Avenue and Exposition Boulevard is the exact replica of the most accident prone portion of the MTA’s Blue Line;

Whereas, The Los Angeles Unified School District Distance Criteria for School Siting precludes schools from being built within 128 feet of an active rail line; unless the risk is found to be less than significant;

Whereas, The property line of Susan Miller Dorsey High School, with a student population of over 1,600, is within 20 feet of the proposed at-grade Expo Rail Line crossings;

Whereas, The property line of Foshay Learning Center, with a student population of over 3,400, is within 50 feet of the proposed at-grade Expo Rail Line crossings;

Whereas, The Expo Line is proposed to operate within walking distance of Foshay Learning Center, Theodore T. Alexander Science Center Elementary School, Weemes Elementary, Baldwin Hills Elementary School, and Dorsey High School;

Whereas, On a daily basis thousands of students walk in close proximity and cross the Expo Line tracks, which encompasses several safe passage school routes;

Whereas, To ensure a quality learning environment, interior and exterior noise levels must maintain acoustical standards not exceeding American National Standards Institute guidelines (ANSI S.12.60-2002) and criteria established by the Collaborative for High Performing Schools (CHPS);

Whereas, The Expo Rail Line trains will blow its horns on approach and through each at-grade crossing near District schools as frequently as 30 times per hour;

Whereas, Horn blowing would not be required if the Expo Line is constructed above or below grade, and noise impacts would be significantly reduced;

Whereas, The increased traffic and vehicles idling near the school sites will have an adverse effect on the health of school occupants;

Whereas, MTA is making the investment to eliminate all at-grade crossings on the Expo Rail Line in the City of Culver City; and

Whereas, MTA is making the investment to construct an underpass at Figueroa Street and Exposition Boulevard adjacent to the University of Southern California; now, therefore, be it

Resolved, That the Los Angeles Unified School District supports the position of the community, which opposes the at-grade design of the Expo Light Rail Line at the Farmdale crossing;

Resolved further, That the District is opposed to the operation of any at-grade design of the Expo Light Rail Line along streets in close proximity to school sites, unless it is demonstrated that alternative mitigation measures will eliminate all safety hazards; and be it finally

Resolved, That the Governing Board of the Los Angeles Unified School District directs the Superintendent to exhaust all legal options in working with the MTA to eliminate all at-grade crossings along the proposed Expo Line that present a significant risk to pedestrian safety.

The Resolution can be downloaded in pdf format by clicking here.

Popularity: 3% [?]

Motions have been passed by the directly impacted South LA Neighborhood Councils opposing the Expo Line’s current street level design through South LA and supporting the community’s alternative for a below grade alignment (underground or trench) from the Exposition Park trench at Figueroa to La Brea (4 of the 8.6 miles of the Expo Line).

Empowerment Congress West Area Neighborhood Development Council, which represents the Baldwin Hills, Baldwin Village, Baldwin Vista, Crenshaw Manor, Leimert Park and Village Green communities passed their motion on December 18, 2007: pdf

Empowerment Congress North Area Neighborhood Development Council, which represents the University Park and Jefferson Park communities passed their motion on December 6, 2007: pdf

West Adams Neighborhood Council, which represents the area around Dorsey HS passed their motion in the summer of 2007: pdf

UPDATE: United Neighborhoods Neighborhood Council, passed a resolution on September 4, 2008, meaning all four of the directly adjacent neighborhood councils in South LA have passed similar resolutions opposing street-level crossings in South LA and supporting grade separation.

The full text of the ECWANDC Resolution is available by continuing to read…
Empowerment Congress West Area Neighborhood Development Council

Expo Line Project Resolution & Recommendations
December 18, 2007


Whereas, there would be a substantial environmental impact to the Empowerment Congress West Area Neighborhood Development Council area from the currently proposed light rail Expo Line project, which will operate all hours of the day and will impact the community frequently and consistently for generations;

Whereas, at-grade crossings proposed at Arlington Avenue, 7th Avenue, 11th Avenue, Crenshaw Blvd, Buckingham Road and Farmdale Avenue pose a grave safety risk to motorists and pedestrians, particularly the elderly, disabled and children;

Whereas, much of the Expo Line design is similar to Metropolitan Transportation Authority’s Blue Line, which to date has killed 89 people and been involved in over 798 accidents, making it the deadliest and most accident-prone light rail line in the country;

Whereas, the Metropolitan Transit Authority’s 1998 Booz-Allen, Hamilton study identified the major cause of the Blue Line accidents as the high ridership of the line, large vehicular and pedestrian traffic around station locations, diverse socio-economic population, high residential density and slow traffic speeds of vehicles, conditions which are all similar or greater in intensity on the Expo Line corridor;

Whereas, train crossings are predicted in upwards of every 30 times per hour per intersection;

Whereas, the property lines of several schools, parks and places of worship are within 50 feet of the Expo Line, and a large youth population is within walking distance of the tracks;

Whereas, traffic counts at the intersection of Washington Blvd & National Blvd in the city of Culver City, state of California, and at the intersection of Jefferson Blvd & National Blvd in West Los Angeles, state of California where grade separations are proposed are lower than traffic counts at Crenshaw & Exposition where no grade separation is proposed;

Where as, train horns, bells, whistles, track switches, crossing gates, overpasses, sound walls, street closures and crossing gates cause noise, blight, division, and traffic congestion, and obstruct easy access to emergency services and parks;
Whereas, crossing gates at 7th Avenue & Exposition will severely impact emergency response times of Fire Station 34;

Whereas, crossing gates at Farmdale Avenue & Exposition will severely impact emergency response times of Fire Station 94;

Whereas, traffic circulation will be severely disrupted with the closure of 2nd Avenue and 3rd Avenue;

Whereas, the closure of Rancho Cienega park access will nearly completely eliminate access from the northside of the tracks;

Whereas, the closure of Baldwin Hills park access will completely eliminate access from the northside of the tracks;

Whereas, short-term budgeting and decision-making has not made a full accounting of the life cycle costs of at-grade Expo Line crossings, which include negative externalities such as pollution mitigation for idling queued vehicles, the cost for increased highway storage capacity to accommodate traffic backed up by the train, the loss of productivity and delays due to crossing gates and train-auto and train-pedestrian accidents, the cost of lawsuits due to loss of life and limb, the cost of traffic gate and signal maintenance, the loss of ridership due to slow trains speeds because of auto traffic congestion, reduced emergency service access, and spillover congestion on the rest of the roadway system;

Whereas, a below grade Expo Line on Exposition Blvd through the Empowerment Congress West Area Neighborhood Development Council and other South LA communities eliminates these and other adverse environmental impacts;

Whereas, a below grade Expo Line on Exposition Blvd through the Empowerment Congress West Area Neighborhood Development Council area produces a higher return on the large taxpayer investment through increased ridership, reduced travel times, reduced annual operating cost, and increased capacity for spurs that can serve several parts of our region;

Whereas, the political leadership of South Los Angeles has the capacity, standing and has significant influence (federal, state and local) on the relevant committees, boards, and commissions to represent and meet the needs of the community;

Be it resolved, that the Empowerment Congress West Area Neighborhood Development Council opposes the currently proposed design of the light rail Expo Line;

Be it resolved, that the Empowerment Congress West Area Neighborhood Development Council supports the community’s efforts to grade separate all currently proposed at-grade crossings on the Expo Line;

Be it resolved, that the Empowerment Congress West Area Neighborhood Development Council demands that the political leadership of South Los Angeles fulfill the needs of its citizens for a safe and efficient grade separated Expo Line that maintains community cohesion;

Be it further resolved; that the Empowerment Congress West Area Neighborhood Development Council supports beginning to build the Expo Line below grade from the Figueroa trench through South Los Angeles as far as the existing budget will allow, while simultaneously supporting increased investment through annual government budgets and new resources like State Proposition 1B and State Proposition 1C to complete phase 1 to Culver City.

Popularity: 2% [?]

The LAUSD Parent Collaborative sent their letter in opposition to the primarily at-grade alignment of the Expo Line to the CPUC in November of 2006.

Continue reading for the full text of the letter:

Mr. Varoujan Jinbachian
California Public Utilities Commission
Rail Crossing Engineering Section
320 West 4th Street, Suite 500
Los Angeles, California 90013

Dear Mr. Jinbachian:

This letter will have reference to the proposed light rail project poised to be located within fifty to seventy feet of a number of schools in the LAUSD.

As you are aware, Dorsey High School is located within fifty feet of the light rail project. Foshay Learning Center is located sixty feet from the proposed project. Theodore T. Alexander Jr. Science Center is within fifty feet of the project. Adams Middle School is within sixty feet of the project, and Central LA Area Middle school #4 is within seventy feet of the project. Furthermore, a number of other schools are less than 100 feet from the proposed project.

Safety is of paramount importance to the parents of students attending schools in the Los Angeles Unified School District. Noise pollution is a serious concern for parents of students, particularly when many of our students are special education children who cannot afford to be disturbed by such a tremendously loud distraction. It is difficult, at best, for these children to learn under the best of circumstances. It would be nearly impossible for them to learn under the proposed circumstances. The noise created by the light rail is beyond the levels established by the American National Standards Institute for safety and an optimal learning environment. The vibration created by the light rail will also be significant and distracting to the students in the aforementioned schools.

One of the most frightening aspects of this project is there is the possibility of train derailments, and our children could be seriously injured or even killed by such a situation or when walking across the street at one of the multitude of rail crossings along the proposed project line. It is for these reasons the Parent Collaborative has agreed unanimously to write to you with our concerns and wholehearted opposition to this project in its current form.

Sincerely,
Jeanette Hopp, Secretary
Parent Collaborative

The letter can be downloaded in pdf format by clicking here.

Popularity: 1% [?]

Next Meeting: Mon Jan 11

Join us at our first community update and organizing meeting in the new decade as we discuss the on-going Farmdale controversy and Crenshaw subway effort.

Campaign for Stimulus & Measure R Funds to Grade Separate the South LA Portion of Expo

MTA now has more resources that by law has to be spent on rapid transit expansion. Now is our time to request these resources go toward FIXING EXPO!

Responding to MTA Spin & Deception

A comprehensive response to the spin, red herrings, and half-truths delivered by MTA/Expo, complete with agency memos, testimony, studies, pictures, videos and all.

Separate & Unequal: Expo Phase 1

Compare the design of the Expo Line Phase 1 west of La Cienega to that in majority-minority South LA and it’s clear that Expo Phase 1 is textbook environmental racism.

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