Assignment of Proceeding

Richard Clark is the assigned Examiner in this proceeding.

Findings of Fact

1. The Commission published Notice of the Application in the Commission Daily Calendar on April 20, 2004. 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, two highway crossings, each consisting of two proposed ELRL tracks, across the intersection of Indiana Street with the eastbound lanes of First Street and across the westbound lanes of Third Street, and two Indiana Station pedestrian crossings across the proposed station's north and south ends, in the City of Los Angeles and an unincorporated area of Los Angeles County.

3. MTA filed a Supplement to Application on May 17, 2004, to include, in this proceeding, recent revisions to the site map and construction drawings attached to the Application. The site map and detailed drawings, including revisions, of the proposed highway and pedestrian crossings are shown in Appendix B attached to the order.

4. Public convenience and necessity require construction of the two proposed highway crossings and the two proposed pedestrian crossings of MTA's ELRL tracks.

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

6. 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.

7. The Commission is a responsible agency for this project and has reviewed and considered the lead agency's Final SEIS/SEIR, NOD, and SOC. We find these documents to be adequate for our decision-making purposes.

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

9. 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 environmental impacts to a less-than-significant level. With respect to the significant and unavoidable environmental impacts, we find that MTA enumerated several significant benefits to justify project approval. Therefore, we also adopt the SOC for purposes of our approval.

2. The Application is uncontested and a public hearing is not necessary.

3. The Application should be granted as set forth in the following order.

ORDER

IT IS ORDERED that:

1. Los Angeles County Metropolitan Transportation Authority (MTA) is authorized to construct two-track at-grade highway-rail (highway) crossings, as part of MTA's proposed Eastside Corridor Light Rail Transit Line (ELRL), at the intersection of Indiana Street and the eastbound lanes of First Street and across the westbound lanes of Third Street, and two-track at-grade pedestrian-rail (pedestrian) crossings, at the north and south ends of MTA's proposed Indiana Station, in City of Los Angeles (City) and an unincorporated area of Los Angeles County (County), at the locations and substantially as described in and as shown by plans attached to the Application, 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 (at CPUC Crossing No. 84E-3.42) and County (at CPUC Crossing No. 84E-3.61), shall ensure, at both of the two highway crossings and at both Indiana Street intersections with First Street (in City and County) and Third Street (in County), 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 of the two highway crossings, shall install train-actuated light emitting diode warning signs to give motorists and pedestrians warning of approaching trains.

3. For intersections within their respective jurisdictions, City and County shall coordinate traffic signals to the extent possible to provide priority to train traffic.

4. MTA shall install, at each of the two pedestrian crossings, two CPUC Standard No. 8 (flashing light signals, as defined in General Order (GO) 75-C) warning devices. MTA shall modify these warning devices by installing one CPUC Standard No. 1-D (pedestrian and bicycle railroad grade crossing sign, as defined in GO 75-C) sign at the location of and in lieu of each "RAILROAD CROSSING" sign. At each pedestrian crossing, MTA shall install one additional Standard No. 8 warning device adjacent to the terminus of each ramp leading from the center platform.

5. MTA shall further modify, at each of the two pedestrian crossings, the two modified CPUC Standard No. 8 warning devices by installing one "LOOK BOTH WAYS" sign beneath each set of flashing light signals. MTA also shall install 4-foot high self-closing gates on the approaches to each pedestrian crossing and shall install one "LOOK BOTH WAYS" sign on each side of the self-closing gates.

6. MTA's request for a deviation from Section 7.1 of GO 75-C is denied. MTA shall install bells on all of the Standard No. 8 warning devices at both pedestrian crossings. MTA also shall ensure, in compliance with Section 7.8 of GO 75-C, that all Standard No. 8 warning device bells ring constantly when passing trains activate the warning devices.

7. In accordance with the two Master Cooperative Agreements, City and County separately and MTA shall bear construction and design costs of the project. MTA, City, and County shall bear costs more particularly as follows:

8. Within 30 days after completion of the work under this order, MTA shall notify the Commission's Consumer Protection and Safety Division - Rail Crossings Engineering Section 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 the Application as set forth above.

11. Application 04-04-016 is closed.

This order becomes effective 30 days from today.

Dated January 13, 2005, 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, the Los Angeles County Metropolitan Transportation Authority requests authority to construct two-track at-grade highway-rail (highway) crossings, each across the intersection of Indiana Street with the eastbound lanes of First Street and across the westbound lanes of Third Street, and two-track at-grade pedestrian-rail (pedestrian) crossings, each across the north and south ends of Indiana Station, in the City of Los Angeles and an unincorporated area of Los Angeles County. Application 04-04-016, the order, the table below, and the plans in Appendix B attached to the order indicate the full details of the two proposed highway crossings and the two proposed pedestrian crossings.

At-Grade Crossing Location/Local Agency Jurisdiction

CPUC Crossing No.

First Street (Eastbound Lanes) and Indiana Street Intersection/City and County of Los Angeles

84E-3.42

Pedestrian Crossing north end of Indiana Station/County of Los Angeles

84E-3.50-D

Pedestrian Crossing south end of Indiana Station/County of Los Angeles

84E-3.53-D

Westbound Lanes of Third Street/County of Los Angeles

84E-3.61

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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