7. Assignment of Proceeding

Susan P. Kennedy is the Assigned Commissioner and Anne E. Simon is the assigned ALJ in this proceeding.

Findings of Fact

1. Notice of A.03-01-013 was published in the Commission Daily Calendar on January 21, 2003.

2. LACMTA filed a timely protest to A.03-01-013 on February 20, 2003.

3. The Construction Authority filed a timely response to A.03-01-013 on February 20, 2003.

4. Notice of A.03-07-049 was published in the Commission Daily Calendar on August 6, 2003.

5. LACMTA filed a timely protest to A.03-07-049 on September 5, 2003.

6. Notice of A.03-07-050 was published in the Commission Daily Calendar on August 6, 2003.

7. LACMTA filed a timely protest to A.03-07-050 on September 5, 2003.

8. LACMTA, the Construction Authority, and the City are parties to the settlement, filed on April 1, 2004. PAMRC objects to the settlement.

9. Gold Line trains currently make two long soundings of the low quacker horn when approaching crossings in the City.

10. Gold Line trains may be operated safely with use of the quacker horn.

11. The warning bells at the eight at-grade crossings of the Gold Line in the City are at least twice as loud as the minimum required by GO 75-C.

12. The sound of the warning bells at the crossings is a source of concern to many City residents.

13. Gold Line trains in the City may be operated safely if the warning bells sound at the minimum loudness required by GO 75-C.

14. Gold Line trains in the City may be operated safely if the warning bells are silenced after the gate arms descend at crossings with four-quadrant gates, pedestrian gates, and adjacent swing gates.

15. Wheel squeal is a source of annoying sound in those parts of the Gold Line route in the City where it occurs.

16. The provisions of the settlement are reasonable in light of the whole record in this proceeding.

Conclusions of Law

1. Consistent with Rule 51.1(e), the settlement is reasonable in light of the whole record, consistent with law, and in the public interest, and should be adopted.

2. Implementation of the settlement will be improved and expedited by implementation of the additional conditions as set forth in the following order.

3. A.03-01-013, A.03-07-049, and A.03-07-050, except as granted in the following order, should be denied.

4. In order to allow construction of the improvements in the settlement to proceed expeditiously, this order should be effective immediately.

ORDER

IT IS ORDERED that:

1. The proposed settlement agreement among the Los Angeles to Pasadena Metro Blue Line Construction Authority (Construction Authority), Los Angeles County Metropolitan Transportation Authority (LACMTA), and City of South Pasadena (City), filed on April 1, 2004, is approved.

2. Not later than 60 days from the date of this decision, the Construction Authority shall install noise shrouds on the bells at all crossings of the Los Angeles to Pasadena Metro Gold Line (Gold Line) in the City and shall ensure that the bells at all Gold Line crossings in the City meet the following criteria:


a. Each bell to be installed sounds at a level of 75-80 dBA when tested in accordance with the standards of the American Railway Engineering and Maintenance of Way Association.


b. In addition to meeting the sound level above, each bell to be installed sounds at a level of 76 +/- 1 dBA when tested once in an anechoic chamber at a distance of 10 feet from the face of the bell, after the shroud has been installed on the bell.

3. Not later than 75 days from the date of this decision, the Construction Authority shall provide sound test results and any other relevant documentation demonstrating compliance with paragraph 2 of this order to Commission staff, City, LACMTA, and Pasadena Avenue Monterey Road Committee (PAMRC).

4. The Construction Authority shall allow Commission staff, on request, to test the loudness of the bells after completion of the work identified in paragraph 2 of this order.

5. Not later than 15 days from the date of this decision, the Construction Authority and LACMTA shall ensure that the bells at the Gold Line crossings at Pasadena Avenue and Monterey Road and Mission Street and Meridian Avenue are silenced after the crossing gate arms descend.

6. Not later than 15 days after four-quadrant gates, pedestrian gates, and swing gates are installed at the El Centro/Glendon Way crossing, the Construction Authority and LACMTA shall ensure that the bells at that crossing are silenced after the crossing gate arms descend.

7. If LACMTA considers changing its operational procedures from two long soundings of the quacker horn by Gold Line trains as they approach crossings in the City, it shall give at least 15 days' written notice of its intention to Commission staff, City, the Construction Authority, and PAMRC.

8. At such time as the Construction Authority is ready to alter crossing gates at Mission Street and Meridian Avenue, it must apply for or otherwise request Commission approval for the relocation.

9. At such time as the Construction Authority is ready to install four-quadrant gates at El Centro Street and Glendon Way, it must apply for or otherwise request Commission approval for the installation.

10. In all respects other than those set forth in paragraphs 1-9 above, Application (A.) 03-01-013, A.03-07-049, and A.03-07-050 are denied.

11. A.03-01-013, A.03-07-049, and A.03-07-050 are closed.

This order is effective today.

Dated February 24, 2005, at San Francisco, California.

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