Application 06-12-005 et al.

Exhibit

Date: August , 2008

PREPARED TESTIMONY

OF

EDWARD A. MORELAN

Q: Please state your name, employer, and business address.

A: My name is Edward A. Morelan. I am employed by the Los Angeles Unified School

District, and my address is 1055 West Seventh Street, 9th Floor, Los Angeles, California, 90017.

Q: What is your position at LAUSD?

A: I am a Site Assessment Manager with the Office of Environmental Health and Safety

(OEHS). My job responsibilities are to assess any environmental issues or concerns that arise at

new or existing schools, including safety and environmental issues associated with rail lines.

Q: On whose behalf are you testifying?

A: I am providing this testimony on behalf of the LAUSD.

Q: What is the purpose of your testimony?

A: The purpose of my testimony is to discuss the past involvement of LAUSD in discussions

with the Expo Authority regarding our concerns about the proposed crossings. I will also testify

regarding Expo Authority’s contentions about other schools being located near the other rail

lines, and to describe flaws in the design of the proposed at grade crossings.

Q: Please tell us about your employment history and educational background.

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A: I have been in my current position since October 2005. From October 2003 to October

2005, I was Regional Manager for Science Applications International Corporation in Brea,

California. In that capacity, I managed a staff of about 50 people and was responsible for

subsurface cleanups, primarily for Chevron Corporation. From August 1990 to October 2003, I

was a Program Manager at Bechtel Corporation in Norwalk, California. I was responsible for

coordinating environmental clean ups for Chevron and the United States Navy, and for

supervision of geological investigations conducted out of the Norwalk Office.

I have an M.S. in Geology from the University of California at Los Angeles, and a B.S. in

Biology from the University of Southern California.

Q: When did you first become involved in discussions regarding the Expo light rail

project?

A: My initial involvement with the Expo project began when I joined the District in 2005. I

was involved with the preparation of the District’s November 28, 2005, comments on the Final

EIR for the light rail project. A true and correct copy of the District’s comments is attached as

Attachment 1. The letter noted that the EIR failed to identify all schools located near the rail line

and specified that all feasible mitigation measures needed to be applied to the project at all of the

District’s schools.

In September 2006, I assisted in the preparation of a letter sent to Varoujan Jinbachian of

the California Public Utilities Commission. A true and correct copy of that letter is attached as

Attachment 2. That letter explained that pedestrian safety and other impacts from the light rail

project had not been properly mitigated and stated that the District opposed the project in its

proposed form. In November 2006, I drafted a letter to Richard Thorpe, reiterating the District’s

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concerns over the proposed alignment. A true and correct copy of that letter is attached as

Attachment 3.

In early 2007, we began meeting with the Expo Authority in a working group intended to

focus on our concerns at Dorsey High School. The group included, from LAUSD, myself, Brad

Smith, Michael Williams, John Anderson, Glen Striegler, L.A. School Police Officer Jose Lopez,

and Principal George Bartleson. This working group was established on the basis of LAUSD’s

recommendation to the Expo Authority that it would be beneficial for the two entities to meet

and focus, school-by-school, on the problems presented by the planned at-grade crossings. At

the outset of the meetings involving Dorsey High School, Expo Authority represented to LAUSD

that the project had been approved with an at-grade crossing at Dorsey, and that the discussion

should focus on how to improve the at-grade crossing. At that time, having been led to believe

that there was no alternative to the at-grade crossing, the LAUSD working group directed their

efforts towards measures that would improve the safety of an at-grade crossing, rather than

advocating for some form of grade separation. As a result of these negotiations, Expo agreed to

reduce the speed of its trains during arrival and dismissal, to build a sound wall along its shared

boundary with the Dorsey campus, and to modify the fencing for the pedestrian plaza to make it

more difficult for students to scale the fences.

We established a similar working group for Foshay Learning Center. In our meetings,

LAUSD informed Expo Authority that it was concerned about the design of the Western Avenue

crossing and about the location of the stations at that crossing. We also discussed our concerns

about the increased number of students needing to use the Harvard tunnel. Expo Authority

agreed to use a higher fence along the rail line in the vicinity of Foshay to discourage students

from scaling the fence.

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 In October 2007, LAUSD learned that the PUC approval process for each of the

crossings would allow LAUSD to seek a crossing solution that minimizes safety risks to its

students. We therefore sought to become a party to this proceeding.

Q: Have you been the primary employee at the District involved with the current

crossing applications and the working groups discussed above?

A: Yes. I have been involved in all aspects of the discussions concerning the crossing

applications at issue in these proceedings. I have either drafted or reviewed all of the District’s

correspondence in this matter since November 2005.

Q: To your knowledge, has LAUSD ever informed the Expo Authority that it approved

of the crossing design for Farmdale Avenue and Exposition Boulevard?

A: No. As I mentioned earlier, at the outset of our meetings with the Expo Authority to

discuss the crossing near Dorsey High School, we were led to believe that a grade separated

crossing was not possible, so we focused on implementing other safety measures to make an at-

grade crossing as safe as it could feasibly be. However, we have made clear both to the Expo

Authority and to the PUC that we believe a grade separated crossing at Farmdale Avenue is the

safest solution for our students. Attachment 4 is a true and correct copy of an October 11, 2007,

letter to the Public Utilities Commission. In that letter, I explained that, while LAUSD was not

in agreement with the proposed at-grade crossing, the District had worked collaboratively with

Expo Authority on the design of the at-grade crossing. I explained that LAUSD maintained that

a grade separated crossing is the safest alternative. That letter responded specifically to a

misstatement by the Expo Authority that LAUSD was in agreement with the at-grade crossing.

LAUSD never agreed to the at-grade crossing designed for Farmdale and Exposition.

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Q: Are you familiar with the design of the at-grade crossing proposed at Farmdale and

Exposition?

A: Yes.

Q: What concerns do you have about the proposed at-grade crossing at Farmdale

Avenue and Exposition Boulevard?

A: I have numerous concerns about the proposed crossing. There is a fundamental safety

risk inherent in any at-grade crossing at the intersection of Farmdale Avenue and Exposition

Boulevard. An inadequate line-of-sight exists along the west side of the Farmdale, looking north

toward Exposition Blvd. East-bound trains traveling along the south side of the rail easement are

separated from the Dorsey High School boundary by only a few feet (the proposed rails are only

about 6 to 7 feet from the boundary). This condition severely compromises the ability of north-

traveling pedestrians and vehicles to see approaching east-bound trains. Attachment 4 consists

of four photographs taken from the perspective of a pedestrian approaching the crossing at

Farmdale and Exposition from Dorsey High School. The photographs are an accurate depiction

of the conditions present at that location today. As can be seen from the images, it is quite

difficult to see to the west as one approaches the intersection. It is not until Image 4 that any

view to the west is possible. Once the viewer is able to reach the vantage point in Image 4,

however, the viewer is nearly on the tracks.

This unsafe condition is exacerbated by a number of factors. First, trains will be

traveling at high rates of speed (up to 55 mph) during large portions of the day. If a pedestrian

cannot see the trains approaching from the west, there is a greater risk of pedestrian injury with

such a high speed train approaching. Furthermore, there will be a significant variation in the

speeds of the trains through the course of the day (i.e., from 10 mph during two brief periods, to

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as great as 55 mph during much of the day). This variation in speed will serve as a source of

confusion for pedestrians regarding establishment of a safe “buffer zone” between moving trains

and pedestrians. There is no station planned for the Farmdale crossing, so trains will not be

slowing through this intersection, exposing pedestrians to trains passing as often as every 2.5

minutes at 55 miles an hour.

The proposed rail crossing is not at a 90-degree angle with respect to Farmdale Avenue,

placing “pedestrians in a situation where it may be difficult to identify an approaching train or

traverse a crossing in a timely manner” (Page 7, Pedestrian-Rail Crossings in California, CPUC,

May 2008).

An important additional concern is the large numbers of Dorsey High School students

who will be using this crossing during entrance and dismissal times. Even if train speeds are

reduced during these times, the chances of a pedestrian accident are high due to the large number

of queued students, frequent physical interaction between students, auditory distractions (i.e.,

headphones), and the lack of train horns as the trains immediately approach the intersection

(when gates are almost completely down).

Q: Are you familiar with the design of the crossings proposed in the vicinity of Foshay

Learning Center?

A: Yes.

Q: What concerns do you have about the crossings planned near Foshay Learning

Center?

A: I am concerned both about the Harvard tunnel and about the design of the crossing at

Western and Exposition, where students will cross when the tunnel is closed. My concerns about

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the tunnel are that its hours are limited and the District lacks the resources to open the tunnel for

any additional hours.

I have several serious concerns about the Western and Exposition crossing, which must

be addressed because this crossing will be used by numerous students when the Harvard tunnel is

closed. First and foremost, there are no gates at the crossing for vehicles or pedestrians. The

only controls over pedestrian access to the tracks in this area are warning signs and signals, and I

am concerned that middle school students will not obey the signs. A gated crossing, at least for

pedestrians, would provide an additional device to prevent students from crossing at the wrong

time.

Furthermore, the “split station” at Western Avenue has the potential to result in an

accident to a pedestrian or a driver. The platforms are located so that the train must proceed

through the intersection, and then stop. If every driver and pedestrian obeys the rules, this would

not cause a problem. However, if a pedestrian is trying to beat the light, or a driver is trying to

make a last minute left turn when the signal changes to allow the train to proceed through to the

station, there could be a serious accident. If the station platforms were built so the train would

have to stop before reaching the intersection at Western Ave., it would be easier to avoid

accidents associated with late-turning drivers or running pedestrians.

Finally, the fencing proposed for this crossing is inadequate. Though high fences are

proposed around the tracks adjacent to Foshay Learning Center, there are no fences proposed at

Western and Exposition, just a block away. The many Foshay students that cross at Western

could easily try to cut the corner as they are crossing and wind up walking into the tracks.

Fencing would ensure that this would not happen.

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Q: The Expo Authority has presented testimony and submitted information to the

Public Utilities Commission regarding both new and existing schools, in and outside of the

District, that are located near rail lines, including the Eastside Extension and the Gold and

Blue Lines. Have you reviewed that testimony and information?

A: Yes, I have.

Q: As to the schools on the Eastside Extension, are these schools situated similarly to

Dorsey High School with respect to the rail line?

A: No, they are not. Each of the examples is fundamentally different from the Dorsey High

School setting. Significantly, the light rail in the vicinity of these schools is in “street-running”

mode, thus one or more lanes of vehicle traffic serve as a buffer between the trains and the

pedestrian pathways. At Dorsey High School, the train right-of-way is situated directly adjacent

to the campus boundary, and the tracks are proposed to be just six or seven feet from the

boundary.

In addition to the buffer provided by vehicle traffic, street-running mode affords

correspondingly lower train speeds. At Dorsey High School, by contrast, the train will be

traveling at 55 miles per hour much of the day.

At most of the schools identified by Expo, train stations are located directly across from

the schools. Trains will therefore be slowing to a stop at these locations. No station is proposed

for the area adjacent to Dorsey High School, so the train will not slow in the area. The new high

school being constructed along the Eastside Extension, East Los Angeles New High School #1,

is located directly across the street from a station.

Turning specifically to the Ramona Opportunity School example, it is important to note

that this school reconstruction effort was driven almost exclusively by the fact that the Los

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Angeles County Metropolitan Transportation Authority required acquisition of the existing

school property to accommodate the turn of the rail line. The safety considerations that are being

employed at this school include the direct proximity of a station across from the school, a

combination sound wall / crash wall at the location where the tracks are adjacent to the school,

and the mandatory slow speed of trains (less than 10 mph) as they turn the corner around the

school site.

I note that for the examples presented, it is largely unclear what pedestrian safety

treatments will be installed at the intersections that are in proximity to these schools. Based on

this lack of clarity, further scrutiny as to the safety of these intersections may be warranted.

Q: Are the schools along the Eastside Extension similarly situated to Foshay Learning

Center?

A: Like the Expo Line at Foshay, the Eastside Extension will be in street running mode.

However, Expo’s claims that these crossings have identical protections to the one proposed for

Foshay is false. At East Los Angeles New High School #1, crossing guards will be provided for

the benefit of both the high school students and the elementary students from the adjacent Utah

Street elementary school. No crossing guards are provided to Foshay. At Ramona Opportunity

School, the bend in the tracks requires that the trains slow to less than ten miles per hour, which

is far slower than the trains will be travelling when they pass Foshay.

Q: Turning to the schools identified along the Gold and Blue lines, are these similarly

situated to Dorsey High School?

A: No. Many of the schools, including SEEDS, Celebration Kids Elementary, Monte Vista

Elementary School, Arroyo Seco Elementary School, and San Pedro Street School are

elementary schools. All of these schools have significantly smaller student populations than

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Dorsey High School. There is no comparison to the sheer number of students that will use the

Farmdale crossing at any of these schools. The two high schools mentioned – Blair High School

and Santee Complex – are both located much further from the tracks than Dorsey High School.

The crossing near Blair High School is one block west of the campus, and Expo Authority’s own

video shows that students arrive at this crossing in much lesser numbers than the 550 students

expected to cross at Farmdale in the 15 minute period after dismissal. Santee Complex is located

away from Washington Boulevard, where the Blue Line runs, and there are no vehicular or

pedestrian gates in the vicinity of the school.

Q: Are the schools along the Gold and Blue lines similarly situated to Foshay Learning

Center?

A: The examples cited by Expo are either elementary or high-school campuses. It is

important to note that middle school students are particularly vulnerable to taking part in at-risk

behaviors, and that Foshay Learning Center contains a very high proportion of students within

this age range (greater than 2,000).

One of the schools Expo identifies is Celebration Kids Elementary School, which,

according to an Expo PowerPoint presentation, has a population of 85, and has both pedestrian

and vehicular crossing gates. It is important to note that Celebrations Kids School actually has a

total enrollment of 24 students solely of pre-school age. It can hardly be expected that any of

these children would be allowed to cross the Gold Line tracks without an adult escort. A slide

pertaining to Arroyo Vista Elementary School also shows such crossing protections. It should be

noted that the rail line in the vicinity of Arroyo Vita is protected by a newly constructed sound

wall, and that the nearest rail crossing is a full block away from the school site. Attachment 6

contains three photographs depicting the sound wall as seen from the campus at Arroyo Vista.

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These photographs were taken from the sidewalk at the southeast corner of the campus, looking

south, southeast, and southwest toward the Gold Line easement. The situation at Arroyo Vista

stands in contrast to Foshay, with an enrollment of 3,300 students, where no crossing gates are

proposed for Western Avenue. Expo also identifies Monte Vista Elementary School. Unlike

Foshay, this school is also a full city block from the rail line.

Expo also identifies the proximity of Arroyo Seco School to the Gold Line on a slide in

its Supplemental Information. Information not conveyed in this slide includes the fact that the

rail line is significantly elevated above the school; that it is separated from the school by a sound

wall; that the rail line includes an additional rail in the vicinity of this school as a means of

mitigating derailment; and that no pedestrian crossings are in the vicinity of this school.

Attachment 7 contains three photographs depicting the elevation of the Gold line above Arroyo

Seco School. These photographs were taken from the western portion of the campus, looking to

the west toward the embankment retaining wall behind which the Gold Line trains operate.

An Expo video presentation included in its Supplemental Information shows a pedestrian

crossing in the vicinity of Blair High School. This crossing is approximately one block west of

the Blair campus, yet still has crossing-gate protections for both vehicles and pedestrians on East

Glenarm Street, unlike the crossing proposed at Western Avenue.

An Expo PowerPoint slide shows the proximity of the Santee Complex and San Pedro

School to the Blue Line. In reality, each of these schools is located away from Washington

Boulevard, along which the Blue Line travels. No vehicular or pedestrian gates occur in the

vicinity of these schools. Nevertheless, because of the notorious safety record of the Blue Line,

a review of the safety treatments in the vicinity of these schools would appear to be warranted.

Q: Does this conclude your testimony?

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A: Yes, it does.

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ATTACHMENT #1
ATTACHMENT #2
ATTACHMENT #3
ATTACHMENT #4
ATTACHMENT #5
Morelan Testimony - Attachment #5 Progression Northbound on Farmdale Avenue—Looking West & Approaching Crossing Site

Image #1 Image #2

Image #3 Image #4
ATTACHMENT #6
Morelan Testimony - Attachment #6 View of Sound Wall Separating Gold Line from Arroyo Vista Elementary School

Image #1 Image #2

Image #3
ATTACHMENT #7
Morelan Testimony - Attachment #7 View of Elevation of Gold Line Above Arroyo Seco School

Image #1 Image #2

Image #3