Lausd Motion To Enter

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA In the Matter of the Application of the Exposition Metro Line Construction Authority for an order authorizing the construction of a two-track at-grade crossing for the Exposition Boulevard Corridor Light Rail Transit Line across Jefferson Boulevard, Adams Boulevard, and 23rd Street, all three crossings located along Flower Street in the City of Los Angeles, County of Los Angeles, California.

And Related Matters.

Application 06-12-005 (Filed December 6, 2006) Application 06-12-020 (Filed December 19, 2006) Application 07-01-004 (Filed January 2, 2007) Application 07-01-017 (Filed January 8, 2007) Application 07-01-044 (Filed January 24, 2007) Application 07-02-007 (Filed February 7, 2007) Application 07-02-017 (Filed February 16, 2007) Application 07-03-004 (Filed March 5, 2007) Application 07-05-012 (Filed May 8, 2007) Application 07-05-013 (Filed May 8, 2007)

MOTION OF THE LOS ANGELES UNIFIED SCHOOL DISTRICT FOR LEAVE TO BECOME A PARTY AND TO FILE A POSITION STATEMENT

December 17, 2007

MICHAEL J. STRUMWASSER (SBN 58413) FREDRIC D. WOOCHER (SBN 96689) ZAHIRAH WASHINGTON (SBN 222140) STRUMWASSER & WOOCHER LLP 100 Wilshire Boulevard, Suite 1900 Santa Monica, California 90401 Telephone: (310) 576-1233 Facsimile: (310) 319-0156 e-mail: [email protected] Attorneys for the Los Angeles Unified School District

MOTION OF THE LOS ANGELES UNIFIED SCHOOL DISTRICT FOR LEAVE TO BECOME A PARTY AND TO FILE A POSITION STATEMENT Pursuant to California Public Utilities Commission’s (“CPUC”) Rules of Practice and Procedure, rules 1.4 and 11.1, the Los Angeles Unified School District (“LAUSD” or “the District”) requests leave to become a party to the instant proceeding and to file a statement of its position concerning the instant proceeding. The District is the second largest school district in the nation. It works to protect the health and safety of nearly 780,000 students, teachers, and staff, and to maintain the thriving learning environment that has brought these individuals together. The instant proceeding involves a project that will adversely impact many of the District’s proposed and existing schools. The District seeks to participate in this proceeding on behalf of itself, including its Office of Environmental Health and Safety and its Facilities Maintenance and Operations Department. In the instant proceeding, the District is particularly interested in the safety concerns surrounding the Exposition Metro Line Construction Authority’s (“Expo Authority”) request for authorization to construct a “four-quadrant two-track at-grade crossing at Farmdale Avenue, in the City of Los Angeles . . . adjacent to Dorsey High School [a District operated school].” (Oct. 16, 2007, CPUC, Scoping Memo and Ruling, p. 6 [emphasis supplied].) As the operator of the school that is adjacent to the proposed project, the District is in the unique position to provide vital information that will “be reasonably pertinent to the issues already presented.” (CPUC, Rules Prac. & Proc., rule 1.4, subd.(b)(2).) Until now, the District has

2

been an “information only” interested party in the proceeding. But it has become clear that the Expo Authority desires to implement adjacent to one of the District’s most populated schools a crossing alternative that puts students in harm’s way. The District’s participation in this proceeding is necessary to ensure that the proposed rail line is authorized in a manner that will protect generations of young students. Accompanying this motion is the District’s position statement regarding its pedestrian and traffic safety concerns surrounding an at-grade crossing at Farmdale Avenue, specifically those factual issues related to A.07-05-013 — the application for an at-grade crossing adjacent to Dorsey High School — including “the high traffic volumes, the types of crossing warning devices, the special needs of student populations, and the necessity and practicability of a grade separation at Farmdale Avenue.” (Oct. 16, 2007, CPUC, Scoping Memo and Ruling, p. 6.) The thousands of individuals who come together in the learning environment of Dorsey High School will be approximately 50 feet from the operation of the Expo Authority’s proposed rail line. Therefore, if the project goes forward as currently requested, the rail line will be located approximately 50 feet from and at the same grade level as high volumes of traffic and thousands of adolescents. The District would like to afford all of the parties to the proceeding access to a detailed discussion of its position before the evidentiary hearing takes place, so that the duration of this proceeding need not be expanded for the parties to respond to these concerns.

For these sound reasons, the District seeks leave to intervene and to participate and 3

become a party to this proceeding, and to have its position statement included in the record of this proceeding.

Dated: December 17, 2007

Respectfully submitted, By

/s/

Zahirah Washington Michael J. Strumwasser Fredric D. Woocher Zahirah Washington STRUMWASSER & WOOCHER LLP 100 Wilshire Boulevard, Suite 1900 Santa Monica, California 90401 Telephone: (310) 576-1233 Facsimile: (310) 319-0156 e-mail: [email protected] Attorneys for the Los Angeles Unified School District

4