Assignment of Proceeding

Richard Clark is the assigned Examiner in this proceeding.

Findings of Fact

1. The Commission published Notices of A.02-09-047, A.02-12-013, and A.03-04-031, respectively, in the Commission Daily Calendar on October 7, 2002; December 12, 2002; and April 30, 2003. There are no unresolved matters or protests; a public hearing is not necessary.

2. MTA requests authority, under Public Utilities Code Sections 1201-1205, to construct, as part of MTA's ELRL project, the four proposed two-track at-grade highway-rail crossings across Temple, First (westbound lanes), Hewitt, and Vignes Streets and the two proposed one-track at-grade pedestrian-rail crossings at the two pedestrian walkways (North and South Pedestrian Crossings) at the east side of the proposed Alameda Station in Los Angeles (City), Los Angeles County.

3. Public convenience and necessity require construction of the four proposed at-grade highway-rail crossings and the two proposed at-grade pedestrian-rail crossings of MTA's ELRL tracks.

4. Public safety requires, at each proposed at-grade highway-rail crossing, the installation of traffic signals for motorists and pedestrians and dedicated train signals (lunar white bar indications) for the train operators. The tracks are street-running adjacent to traffic within First Street. To further enhance safety on the ELRL, each proposed at-grade highway-rail crossing will have train-actuated fiber-optic or light emitting diode warning signs to give motorists and pedestrians warning of approaching trains. For intersections within its jurisdiction, City will coordinate traffic signals to the extent possible to provide priority to train traffic.

5. Public safety requires, at each proposed at-grade pedestrian-rail crossing, the installation of two CPUC Standard No. 8 (flashing light signals, as defined in GO 75-C) warning devices, each modified with one CPUC Standard No. 1-D (pedestrian and bicycle railroad grade crossing sign, as defined in GO 75-C) warning sign along with pedestrian swing gates with signs advising pedestrians to watch for trains.

6. The distance between North Pedestrian Crossing and the south side of Temple Street will not accommodate one train length. Therefore, MTA will install a train signal at North Pedestrian Crossing to hold northbound trains clear of the crossing until there is clear trackage northbound, until the traffic signals at Temple Street stop automotive and pedestrian traffic, and until the train signal provides northbound trains with a lunar white bar train signal to proceed.

7. MTA is the lead agency for this project under CEQA, as amended.

8. In approving the project on February 28, 2002, the MTA Board of Directors adopted the Final SEIS/SEIR for the Los Angeles Eastside Corridor (SCH No. 1999081061) and found that "The project will have a significant effect on the environment." Mitigation measures were made a condition of the approval of the project. Findings were made pursuant to the provisions of CEQA. An SOC was adopted for this project.

9. The Commission is a responsible agency for this project and has reviewed and considered the lead agency's Final SEIS/SEIR, NOD, and the SOC.

10. Safety, transportation and noise are within the scope of the Commission's permitting process.

11. For the approved project, the lead agency identified environmental impacts related to safety, transportation and noise.

Conclusions of Law

1. With respect to significant impacts from safety, transportation and noise, we find that the lead agency adopted feasible mitigation measures where possible to substantially lessen the impacts to a less-than-significant level. As stated herein, we also accept and adopt the findings in the SOC for purpose of our approval.

2. We consolidate A.02-09-047, A.02-12-013, and A.03-04-031, which involve related questions of fact, for purposes of issuing one decision.

3. We grant consolidated A.02-09-047, A.02-12-013, and A.03-04-031 as set forth in the following order.

ORDER

IT IS ORDERED that:

1. The Commission authorizes Los Angeles County Metropolitan Transportation Authority (MTA) to construct the four proposed two-track at-grade highway-rail crossings across Temple, First (westbound lanes), Hewitt, and Vignes Streets and the two proposed one-track at-grade pedestrian-rail crossings at two pedestrian walkways (North and South Pedestrian Crossings) at the east side of the proposed Alameda Station of MTA's Eastside Corridor Light Rail Transit Line (ELRL), in the City of Los Angeles (City), Los Angeles County, at the locations and substantially as described in and as shown by plans attached to consolidated Application (A.) 02-09-047, A.02-12-013 and A.03-04-031; as described in Appendix A attached to this order; and as shown by plans in Appendix B attached to this order.

2. MTA, in cooperation with City, shall ensure, at each proposed at-grade highway-rail crossing, the installation of traffic signals for motorists and pedestrians and dedicated train signals (lunar white bar indications) for train operators. To further enhance safety on the ELRL, MTA, at each proposed at-grade highway-rail crossing, shall install train-actuated fiber-optic or light emitting diode warning signs to give motorists and pedestrians warning of approaching trains. For intersections within its jurisdiction, City shall coordinate traffic signals to the extent possible to provide priority to train traffic.

3. MTA shall ensure, at each proposed at-grade pedestrian-rail crossing, the installation of two CPUC Standard No. 8 (flashing light signals, as defined in Commission General Order (GO) 75-C) warning devices, each modified with one CPUC Standard No. 1-D (pedestrian and bicycle railroad grade crossing sign, as defined in GO 75-C) warning sign along with pedestrian swing gates with signs advising pedestrians to watch for trains.

4. MTA shall install a train signal at North Pedestrian Crossing to hold northbound trains clear of the crossing until there is clear trackage northbound, until traffic signals at Temple Street stop automotive and pedestrian traffic, and until the train signal provides northbound trains with a lunar white bar train signal to proceed.

5. Clearances and walkways shall conform to GO 143-B.

6. Construction and maintenance of the crossings shall conform to GO 72-B.

7. MTA and City (parties) shall bear construction and maintenance costs in accordance with an agreement into which the parties have entered. MTA shall file a copy of the agreement with the Rail Crossings Engineering Section (RCES) prior to construction. Should the parties fail to agree, the Commission shall apportion the costs of construction and maintenance by further order.

8. Within 30 days after completion of the work under this order, MTA shall notify RCES in writing, by submitting a completed standard Commission Form G (Report of Changes at Highway Grade Crossings and Separations), of the completion of the authorized work.

9. This authorization shall expire if not exercised within two years unless the Commission extends the time or if the parties do not comply with the above conditions. The Commission may revoke or modify authorization if public convenience, necessity or safety so require.

10. The Commission grants consolidated A.02-09-047, A.02-12-013, and A.03-04-031 as set forth above.

11. Consolidated A.02-09-047, A.02-12-013, and A.03-04-031 are closed.

This order becomes effective 30 days from today.

Dated October 30, 2003, at San Francisco, California.

A P P E N D I X A

As part of the project to construct the Eastside Corridor Light Rail Transit Line (ELRL), the Los Angeles County Metropolitan Transportation Authority (MTA) proposes to construct four two-track at-grade highway-rail crossings across Temple, First (westbound lanes), Hewitt, and Vignes Streets and two one-track at-grade pedestrian-rail crossings at two pedestrian walkways (North and South Pedestrian Crossings) at the east side of the proposed Alameda Station in City of Los Angeles (City), Los Angeles County. Consolidated Application (A.) 02-09-047, A.02-12-013, and A.03-04-031 indicate the full details of the four proposed at-grade highway-rail crossings and the two proposed at-grade pedestrian-rail crossings and more particularly as set forth below:

At-grade Crossing CPUC Crossing No. Application No.

Temple Street 84E-0.48 A.02-12-013

North Pedestrian Crossing 84E-0.49-D A.02-12-013

South Pedestrian Crossing 84E-0.58-D A.02-12-013

First Street 84E-0.62 A.02-09-047

Hewitt Street 84E-0.72 A.02-12-013

Vignes Street 84E-0.84 A.03-04-031

Note: MTA, in cooperation with City, shall ensure, at the proposed at-grade highway-rail crossings of Temple, First (westbound lanes), Hewitt, and Vignes Streets, the installation of traffic signals for motorists and pedestrians and dedicated train signals (lunar white bar indications) for the train operators. The tracks are street-running adjacent to traffic within First Street. To further enhance safety on the ELRL, the four proposed at-grade highway-rail crossings shall have train-actuated fiber-optic or light emitting diode warning signs to give warning of approaching trains to motor vehicle operators and pedestrians. For intersections within its jurisdiction, City shall coordinate traffic signals to the extent possible to provide priority to train traffic.

MTA shall ensure, at each of the two proposed at-grade pedestrian-rail crossings of North and South Pedestrian Crossings, the installation of two CPUC Standard No. 8 (flashing light signals, as defined in Commission General Order (GO) 75-C) warning devices, each modified with one CPUC Standard No. 1-D (pedestrian and bicycle railroad grade crossing sign, as defined in GO 75-C) warning sign along with pedestrian swing gates with signs advising pedestrians to watch for trains.

MTA shall install a train signal at North Pedestrian Crossing to hold northbound trains clear of the crossing until there is clear trackage northbound, until the traffic signals at Temple Street stop automotive and pedestrian traffic, and until the train signal provides northbound trains with a lunar white bar train signal to proceed.

A P P E N D I X B

PLANS

A P P E N D I X C

ENVIRONMENTAL DOCUMENTS

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