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COM/CRC/sid Date of Issuance 2/25/2009

Decision 09-02-031 February 20, 2009

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

In the Matter of the Application of the Exposition Metro Line Construction Authority for an order authorizing the construction of a two-track at-grade crossing for the Exposition Corridor Light Rail Transit Line across Jefferson , Adams , and 23rd Street, all three crossings located along Flower Street in the City of Los Angeles, County of Los Angeles, California.

Application 06-12-005

(Filed December 6, 2006)

And Related Matters.

Application 06-12-020

Application 07-01-004

Application 07-01-017

Application 07-01-044

Application 07-02-007

Application 07-02-017

Application 07-03-004

Application 07-05-012

Application 07-05-013

(See Appendix A for List of Appearances.)

DECISION ADDRESSING RAIL CROSSINGS AT FARMDALE AVENUE AND HARVARD BOULEVARD IN THE CITY OF LOS ANGELES REQUESTED BY THE EXPOSITION METRO LINE CONSTRUCTION AUTHORITY

APPENDIX A - List of Appearances

DECISION ADDRESSING RAIL CROSSINGS AT FARMDALE AVENUE AND HARVARD BOULEVARD IN THE CITY OF LOS ANGELES REQUESTED BY THE EXPOSITION METRO LINE CONSTRUCTION AUTHORITY

1. Summary

The Exposition Metro Line Construction Authority filed the ten subject applications in this consolidated proceeding requesting authority to construct 38 rail crossings along the new Exposition Boulevard Corridor Light Rail Transit Line in Los Angeles County. Interim Decision (D.) 07-12-029 authorized construction of 36 of the 38 crossings. Today's decision addresses the two remaining crossings, at Farmdale Avenue and Harvard Boulevard, requested in Application (A.) 07-05-013 and A.06-12-020, respectively. Both crossings are located in the City of Los Angeles adjacent to school sites.

A.07-05-013, for an at-grade crossing at Farmdale Avenue, is denied. Grade-separated crossings provide a higher level of safety than at-grade crossings and we find here that it is practicable to construct a grade-separated pedestrian crossing at Farmdale Avenue.

The application for a grade-separated crossing over the existing Harvard pedestrian tunnel requested in A.06-12-020, is approved. In this case, we find that the existing pedestrian tunnel will not be impacted by the proposed grade separated crossing. There is no existing at-grade public crossing at the location of the pedestrian tunnel. The school and security personnel have raised the issue of the future inability for the security personnel to cross Exposition Boulevard quickly to respond to potential crime situations across the street from Foshay Learning Center once the train is built down the Exposition Boulevard median. In Expo Authority's comments, it offered to install a locked gate that may be quickly unlocked by authorized security personnel to cross the rail tracks in the median of Exposition Boulevard in situations where necessary to address potential crime-related incidents across the street from Foshay Learning Center. We encourage Expo Authority to explore whether the installation of such a gate in the fencing along the median may assist law enforcement efforts. We further order light rail train speeds reduced to 35 mph when passing by this Harvard gate during school crossing hours to enhance the safety for the authorized security personnel responding to a crime-related situation across the street from Foshay and crossing the track. We further will require Expo Authority to submit to the Commission's Consumer Protection and Safety Division within 90 days of the effective date of this decision, its plan for safety improvements to the pre-existing underground pedestrian tunnel, such as increasing lighting in the tunnel areas and installation of surveillance cameras.

The Commission is the responsible agency for this project under CEQA. The Commission has reviewed and considered the lead agencies' environmental documentation with respect to the Harvard Boulevard grade-separated crossing and find it to adequately address the potential environmental consequences of the approved project.

This consolidated proceeding remains open to allow the applicant to amend its application regarding Farmdale Avenue, as described herein.

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