4. Parties to the Proceeding
In addition to Expo Authority, the following parties participated in this proceeding:
4.1. United Community Associations, Inc. (UCA)
UCA is the protestant of record in this proceeding. Expo Communities United (ECU), a coalition of neighborhood community groups, timely protested all 10 of the subject applications. ECU generally argued in its protests that all of the crossings and the entire Expo Line should be constructed underground below the street surface. The neighborhood groups of ECU later joined with other neighborhood groups and incorporated into UCA. On June 5, 2008, the assigned Administrative Law Judge (ALJ) ruled that UCA is the protestant of record in this proceeding, replacing ECU. We affirm the ruling of the ALJ. UCA (preceded by ECU) has participated fully in this proceeding from the outset.
4.2. Neighbors for Smart Rail (NFSR)
NFSR, another community group, filed a timely response to A.07-05-013 (Farmdale Avenue). NFSR has participated fully in this proceeding since filing its response.
NFSR joined UCA in many of its filings, and jointly presented witnesses and evidence with UCA at the EH in this matter. In their joint closing brief, UCA/NFSR recommend that Expo Authority's applications for the crossings at Farmdale Avenue and Harvard Boulevard be denied, and further that the Commission order grade separations at both locations. We note here that the proposed design of the Harvard Boulevard pedestrian tunnel crossing is completely grade-separated.
4.3. LAUSD
LAUSD representatives attended all of the public procedural events held in this proceeding in 2007, including the first PHC in April, a second PHC, a workshop, and a public participation hearing (PPH) at Dorsey in November. LAUSD was listed in the "information only" category on the service list for all of 2007.
On December 18, 2007, LAUSD filed a motion for leave to become a party to the proceeding and to file a position statement. The motion was filed eight days after the due date for comments to the proposed decision (draft) of D.07-12-029. By an ALJ ruling dated January 8, 2008, LAUSD was granted party status, prospectively, and its participation was limited to matters involving the crossings at Farmdale Avenue and Harvard Boulevard. LAUSD has participated fully since being granted party status.
LAUSD opposes the proposed crossing designs at both Farmdale Avenue and Harvard Boulevard. At Farmdale, LAUSD recommends the Commission order a grade-separated aerial light-rail transit guideway (train flyover) for the rail line, leaving Farmdale open to both vehicles and pedestrians. At Harvard Boulevard, LAUSD recommends the Commission order a pedestrian overcrossing (bridge) be installed instead of approving the rail line being constructed over the existing tunnel.
On April 22, 2008, LAUSD filed a Petition to Modify D.07-12-029. D.08-07-028, issued on August 4, 2008, denied the petition. LAUSD filed a request for rehearing of D.08-07-028 on September 2, 2008. The rehearing request is pending
CPSD protested A.07-01-017. Expo Authority amended A.07-01-017 in May 2007, and CPSD withdrew its protest on June 25, 2007 as the amendment resolved the matters set forth the protest. Since the withdrawal of its protest, CPSD's role in this proceeding has been advisory in nature. As directed by the assigned ALJ, CPSD staff testified at the EH regarding the practicability of a grade separation at Farmdale Avenue.
