6. Ongoing Scope and Need for Hearing
The Amended Scoping Memo, issued June 20, 2008, confirmed the need for an evidentiary hearing, determined the ongoing scope of the proceeding, and set a schedule for prepared testimony, hearings, and briefs, as described below.
6.1. Need for Hearing
As discussed at the May 9th PHC, issues of material fact remained in dispute. It was determined at the PHC that an evidentiary hearing would be necessary with respect to the Farmdale Avenue and Harvard Boulevard crossings.
6.2. Scope
As summarized in the Amended Scoping Memo, the ongoing scope of the proceeding included:
An analysis of the proposed at-grade crossing, and an analysis of four grade-separated alternative design options: a pedestrian bridge with Farmdale closed to traffic; a pedestrian bridge with Farmdale open traffic; a train flyover; and, a train undercrossing.
The assigned ALJ directed Expo Authority to include in its prepared testimony an analysis of the first two alternative designs for Farmdale, a train flyover and a pedestrian bridge. In its prepared testimony, Expo Authority also provided an analysis of the two other alternatives for Farmdale, a pedestrian bridge with Farmdale open and a train undercrossing.
The Amended Scoping Memo also directed Expo Authority to provide an analysis of the types of crossing warning devices and the practicability of a grade separation at Farmdale Avenue
An analysis of the proposed grade-separated crossing over the underground pedestrian tunnel, and an analysis of a pedestrian bridge alternative.
The Amended Scoping Memo directed Expo Authority to prepare a table or chart outlining the various proposals and design alternatives (options), for the Farmdale Avenue and Harvard Boulevard crossings. Issues to be listed in the table included: the identification of any necessary additional environmental review, and areas of potential environmental impact (e.g., visual, historic); the estimated additional construction costs (beyond the cost of the project as currently proposed); and, the estimated additional cost and time necessary for completion of construction.
Expo Authority engaged outside consultants to perform an environmental analysis of the various design options for both crossings. Issues analyzed included traffic, historical resources, noise and vibration, and visual impacts.
Expo Authority timely served its table of design options on June 30, 2008, and provided an updated version of the table as an exhibit on the final day of the EH. Information from the updated table is shown below for each crossing.
Table of Design Options for Farmdale Avenue
At-grade as proposed |
Ped. bridge Farmdale closed |
Ped. Bridge/ Farmdale open |
Train Flyover |
Train Under- crossing | |
New significant unmitigable environmental impacts |
No |
No |
No |
Yes |
Yes |
Areas of impacts |
N/A* |
N/A* |
N/A* |
Visual, historical resources, air quality during construction |
Air quality during construction |
Is subsequent EIR required |
No |
No |
No. Addendum to prior EIR sufficient |
Yes |
Yes |
Project Cost Increase |
None |
$9 million |
$6.5 million |
$28 million |
$100 million |
Project delay time # |
None |
12 months |
6 months |
18 months |
30 months |
* Not Applicable
# In addition to the above project cost increases, Expo Authority estimates an additional $1 million/month cost for each month the project is delayed.
Table of Design Options for Harvard Blvd.
Proposed Pedestrian tunnel |
Pedestrian bridge | |
New significant unmitigable environmental impacts |
No |
No |
Areas of impacts |
N/A* |
N/A* |
Is subsequent EIR required |
No |
Undetermined |
Project Cost Increase |
None |
$5-8 million |
Project delay time # |
None |
6 months |
* Not Applicable
# In addition to the above project cost increases, Expo Authority estimates an additional $1 million/month cost for each month the project is delayed.
D.07-12-029, and the Amended Scoping Memo, identified several issues outside the scope of this proceeding not directly related to the rail crossing safety oversight responsibilities of the Commission, and other transportation matters with no link to the proposed crossings. These included: the planning, funding and forecasting strategies of the MTA; the general transportation policy intentions of the state legislature; the cost and benefits of bus and rail operations; auto and rail traffic patterns away from the crossing sites and/or on other unrelated rail or highway systems; and, federal transportation funding mechanisms related to the overall project. These issues and any similar issues not directly related to the safety of the proposed crossings at Farmdale Avenue and Harvard Boulevard remain outside the scope of this proceeding.
The Amended Scoping Memo determined that the ongoing scope of this proceeding also shall not revisit D.07-12-029 with respect to the 36 crossings authorized therein, unless otherwise directed by the Commission.
6.3. Schedule
The parties timely filed prepared testimony pursuant to the schedule in the Amended Scoping Memo (Expo Authority on June 6; UCA and NFSR on July 30; and LAUSD on August 6, 2008). The schedule set the EH for August 11-15, 2008, and dates for post-hearing briefs. The hearing and briefing schedule were later revised by the assigned Commissioner and ALJ, as discussed below.
We affirm the Amended Scoping Memo and the revised hearing and briefing schedule developed by the Assigned Commissioner and ALJ.
7. Evidentiary Hearing/Mediation
The EH commenced as scheduled, with the assigned Commissioner in attendance. At the first day of hearing (Monday, August 11), Expo Authority advised that revised versions of the prepared testimony of three of its witnesses had been served the evening of the previous work day (Friday, August 8). The revised testimony changed Expo Authority's environmental analysis with respect to the impacts on traffic if Farmdale Avenue were closed. In light of the content and timing of the revised testimony, the ALJ and assigned Commissioner postponed the EH, and the taking of any testimony or exhibits, until September 2, 2008, and further directed that the parties participate in a mediation conference to commence the following day (August 12th).
The mediation conference was held on August 12-13, attended by all active parties, and facilitated by a Commission third-party neutral ALJ. No settlements or agreements were reached in the mediation, and the EH continued on September 2.
Seven days of hearing were held between September 2, and September 15, 2008. Twenty-four witnesses testified at the hearing, and 73 exhibits were received into evidence. Of the eight total hearing days, seven were held in Los Angeles (August 11, September 2-5, and September 8-9), and the final day (September 15) was held in San Francisco.
The parties timely filed post-hearing opening and reply briefs, pursuant to the schedule and directives of the assigned ALJ, and the matter was submitted on October 10, 2008.
