5. Procedural Events
The Amended Scoping Memo and Ruling of the Assigned Commissioner (Amended Scoping Memo) determined that an EH was necessary with respect to the proposed Farmdale Avenue and Harvard Boulevard crossings. Two prehearing conferences (PHCs), a PPH at Dorsey, a public-forum workshop at Foshay, a meet and confer session, and a facilitated mediation conference also were held in the ongoing proceeding. These events are listed below.4
Event Date Location
PPH November 5, 2007 Los Angeles (at Dorsey)
1st PHC March 12, 2008 Los Angeles
Meet/Confer (parties) April 23-30, 2008 Telephonic
Workshop (parties) May 8, 2008 Los Angeles
2nd PHC May 9, 2008 Telephonic
Public Workshop July 2, 2008 Los Angeles (at Foshay)
EH (procedural only) August 11, 2008 Los Angeles
Mediation Conference August 12-13, 2008 Los Angeles
EH (7 days) September 2-15, 2008 Los Angeles*
* The final day of EH, September 15, 2008, was held in San Francisco.
5.1. PPH and Public Workshop
The PPH at Dorsey and the public workshop at Foshay5 were held for the purpose of hearing public opinion on the proposed crossings at Farmdale Avenue and Harvard Boulevard, respectively. Both events were well attended by the public (approximately 300-400 at Dorsey, and 200-300 at Foshay). Approximately 50 people testified/spoke at each event, with many more unable to do so due to time restraints. The Commission's Public Advisor also has received approximately 40-50 written statements on this matter (letters; and, notes from the PPH). Approximately 90% of the participants at both events opposed the crossings as designed. Some favored different crossing designs, but most expressed opposition to the entire Expo Line project.
5.2. First PHC
The purpose of the first PHC was to identify the issues in dispute, and determine if any of these disputes could be resolved through settlement discussions or mediation. An ongoing procedural schedule was established at the PHC that included (all dates 2008): Expo Authority to file and serve supplemental information on March 28th showing alternative design options for the Farmdale and Harvard crossings (designs other than proposed in the applications); a meet and confer session to begin on April 23rd to allow the parties the opportunity to discuss a possible settlement; a workshop on May 8th to review any settlement issues; and, a second PHC on May 9th to set a further schedule.
Expo Authority timely filed the supplemental information and, as provided in the schedule, the other active parties filed comments. The supplement included nine alternative design options for the Farmdale crossing, and two alternatives for the Harvard crossing. The alternative designs for Farmdale were: a pedestrian bridge with Farmdale closed to vehicle traffic; a pedestrian bridge with Farmdale open to vehicles at-grade; a pedestrian undercrossing with Farmdale closed to vehicles; a pedestrian undercrossing with Farmdale open to vehicles at-grade; a train flyover over Farmdale; a subterranean LRT guide-way (train undercrossing) under Farmdale; a Farmdale overpass of the train tracks and Exposition Boulevard; a Farmdale underpass of the train tracks and Exposition Boulevard; and, completely closing Farmdale to all traffic. The alternative options for Harvard were: a pedestrian bridge with permanent closure of the tunnel; and, completely closing the crossing (no tunnel or bridge).
5.3. Meet and Confer Session
The meet and confer session was scheduled to allow the parties to discuss the alternative design options and possibly resolve some or all of the matters in dispute themselves without a hearing. The meet and confer was held by telephone with only the parties participating. No agreements or settlements were reached at the meet and confer.
5.4. Workshop/Second PHC
All parties participated in the May 8th workshop and the telephonic PHC the following day. These events were held to determine the status of a possible settlement, further discuss the design options, and set a further procedural schedule. Although the number of design alternatives were narrowed, no settlements or agreements were reached in these discussions. Issues of material fact remained in dispute, and it was determined that an evidentiary hearing (EH)would be necessary with respect to the Farmdale Avenue and Harvard Boulevard crossings.
The ongoing scope and procedural schedule of the proceeding were developed at the PHC, and confirmed by the Amended Scoping Memo.
4 Excludes rulings of the assigned Commissioner or ALJ.
5 A written transcript was taken at the PPH at Dorsey. No transcript was taken at the public workshop at Foshay. These events otherwise were similar in format and purpose.
