3. Statement of Facts

3.1 Gold Line Operations

For many years, the tracks where the Gold Line now runs were used for passenger and freight traffic. Most recently, about half a dozen freight trains a day, moving at approximately 20-25 mph, ran through the City.

The Gold Line has eight at-grade crossings and one station within a less than two-mile stretch in the City.⁵ About 200 trains per day, at intervals as short as five minutes, run through the City, with a speed limit of 45 mph.

Each train sounds its "quacker" in a pattern of two long blasts as it approaches each at-grade crossing. The quacker sound measures at least 75 dBA⁶ at a distance of 100 feet from the vehicle. (See GO 143-B.) LACMTA's safety expert testified that he believed, based on his own perception and anecdotal evidence, that the quacker sound is less annoying to neighboring residents than that of a traditional horn.

At each crossing, there are Standard No. 9 warning devices. (See GO 75-C.) The crossings have flashing lights, bells, and, with one exception, four-quadrant crossing gates.⁷ Typically, about 30 seconds before a train arrives at the crossing, electronic circuitry detects the train's approach and activates the flashing lights and bells simultaneously. The bells sound at a level of 85-90 dBA. About three seconds later, the entrance gate arm begins to descend; it reaches horizontal about eight seconds later.⁸ The exit gate will descend approximately seven or eight seconds after the entrance gates, unless the vehicle detection system detects a vehicle in the crossing. In that case, the exit gate does not descend, allowing the motorist to exit the crossing. A pedestrian gate arm also descends. An adjacent swing gate allows emergency exit from the crossing for a pedestrian.

After the entrance gate arms are horizontal, the bells silence at those crossings where such silencing has been approved.⁹ At the three other crossings, the bells continue to sound until the warning cycle is completed.¹⁰ After the rear of the train has cleared the intersection by about 100 to 200 feet, electronic circuitry detects the train's departure and signals the gates to rise; the lights continue to flash until the gates are vertical.

The overall background noise level on the streets in South Pasadena is less than 60 dBA. The noise of Gold Line operations is perceived by many City residents as very loud and intrusive, especially at night. The ability of sound to cause annoyance is increased if the sound has relatively pure tones, such as crossing bells and traditional train horns. The impact of some noise of Gold Line operations is reduced by the presence of sound walls along certain sections of the Gold Line route, but sound walls cannot be used at crossings.

3.2 Proposed Settlement

The proposed settlement addresses a number of issues related to noise from Gold Line operations in South Pasadena. It allocates responsibility among the three settling parties for taking steps to implement various provisions. Those provisions that address the relief requested in the applications are discussed below.

3.2.1 Horns

When Gold Line operations began, the trains sounded their horns in a long-long-short-long pattern on approaching each station and each at-grade crossing. In the settlement, LACMTA affirms that its current operational directives require two long soundings of the quacker low horn as a train approaches a crossing.

3.2.2 Bells

The Construction Authority will calibrate and reduce the noise levels of the bells and install noise shrouds on the bells at all Gold Line crossings in the City. The settlement also sets out a plan for a study of silencing both bells and horns in the City between the hours of 10 p.m. and 6 a.m. The settling parties contemplate that such a study would be initiated by the City and supervised by Commission staff.

3.2.3 Other Noise Reduction Measures

LACMTA will install rail lubricators of the type currently installed near the Southwest Museum station at Orange Grove Avenue and Mound Avenue.

The Construction Authority will provide sound walls in certain areas identified in the settlement agreement. It will also provide clear Plexiglas sound wall extensions, provided that the Commission and LACMTA approve their use and the City agrees to maintain them. The Construction Authority will also provide sound insulation for affected structures identified in the settlement agreement.

3.2.4 Crossing Design

The Construction Authority will alter the crossing gates on the northwest side of the rail lines at Mission Street and Meridian Avenue so that they will be parallel to the right of way. The Construction Authority will also install four-quadrant gates at the Glendon Way/El Centro crossing, to be paid for from the City's share of certain funds allocated by the Construction Authority.

3.2.5 Other Provisions

The City agrees to rescind its Ordinance 2121, which is the basis for its request in A.03-07-050 for approval of a 20 mph speed limit for trains within City limits, within 30 days of approval of the settlement. The City agrees to seek dismissal of A.03-07-049 and A.03-07-050 if those proceedings are not closed within 30 days of the approval of the settlement. The City agrees to assist LACMTA and the Construction Authority in implementing the measures those agencies have agreed to in the settlement. The City also agrees to bear the cost of any "supplemental safety device or system" that could be required as a result of any of the further study or Commission action on silencing bells and/or horns in the City that are contemplated by the settlement.

The settlement agreement contains a number of other provisions that address issues that are outside the parameters of the relief requested in these consolidated applications. Examples of such provisions are mutual waivers of claims for attorneys fees and the development of a fund to buy out some properties close to the Gold Line.