Position Paper for the Gold Line

By Ernest B. Arnold

I share the outrage that some have expressed at the $500,000 plus the City of South Pasadena has spent for legal fees related to Californian Public Utilities Commission applications and the legal cases sounding noise mitigation related to the Metro Gold Line. Many of you, however, place a different blame for the cause of that expenditure.

A small problem will become a crisis if neglected. A city is obligated to represent the interest of its residents in dealings with regional authorities. Accepting every representation of the MTA and the Blue Line Construction Authority without question is not representing the people of South Pasadena. With the exception of the artwork around the station, the Gold Line was constructed with very little oversight from our elected city officials.

That is the only explanation for:

1. Pasadena Avenue/Monterey Road crossing as a negotiated solution to a CPUC objection. The CPUC wanted grade separation, and we negotiated our way into a disgrace.

2. The approval of the Pasadena Avenue/Monterey Road crossing that blocked an existing arterial street over the unanimous objection of the Transportation Commission; without review by the Planning Commission for conformance to the General Plan; without notice to effected property owners and without public hearing by the City Council. The street was closed with no city council resolution closing the street.

3. The change in construction material for walls, from sound absorbing blocks, to standard concrete blocks, in essence changing the walls from "sound walls" to "block walls".

4. The acceptance of the removal of some vibration mitigation,

5. The acceptance of a noise standard used nowhere else in the LACMTA system. The noise levels "acceptable" in homes in South Pasadena will not be heard anywhere else in Southern California.

The City of South Pasadena supported the construction of the Metro Gold Line, and all the MTA and Construction Authority had to say was, "is if we do not get this, it will kill the Gold Line", and the city caved in -- that does not constitute representation of the city.

The mitigation in the Settlement Agreement now before the Public Utilities Commission is the direct result of the applications filed by Pasadena Avenue Monterey Road Committee (PAMRC).

Some would argued that we would have achieved these results much faster without legal action -- such an argument has no basis and is supported without evidence -- especially after the solution found for the crossing at Monterey Road Pasadena Avenue. The MTA and the Construction Authority still do not admit that there is a problem. Those on the City Council that make such claims accept the representations made by the MTA and Construction Authority without question. The time to have negotiated the mitigation successfully without legal action was during the design and construction, not after the project is constructed. They had their chance and did nothing. The legal fees incurred by the City of South Pasadena on the Gold Line are the result of indifference and laziness on the part of those responsible for representing South Pasadena on the Blue Line Construction Authority.

It cost money to protect he public health and safety of the citizens in the City of South Pasadena. We pay more per capita for police and fire protection than most cities in California. We spend that money because it has been important for South Pasadena to protect our own interests. The City Council is elected to protect our interest with the MTA, CalTrans, or any other public agency looking to impact South Pasadena. We have a right to expect that our officials look after our rights. When they fail to do so, as citizens, we have a choice to abdicate or hold them accountable.

There are some who want to divert the attention of the negligence and dereliction of duty of certain parties by blaming the expense of over $500,000 for legal fees on PAMRC. My answer is simple, I will represent and look out for the interests of my neighbors whether they live in the Monterey Hills or on the flat lands; on Chelton, Milan, and Buena Vista or Mound, Hawthorne, and Palm. The City of South Pasadena is made up of all its neighborhoods, affluent and working class. No one is expendable on my watch. If we want to save legal fees, take care of the issues before they become a crisis. If we did not care, we would not be an incorporated city.

I will not apologize for leading the PAMRC action before the CPUC. I hold the prior City Council, and Mr. Saeta specifically, responsible for city incurring the legal fees needed to reverse the consequences of their indifference and neglect, not PAMRC. (Maybe we could have done things better, but I know that) The only real failure is the failure to act when there is something so wrong.

You might not agree with all of my decisions, but when I negotiate with regional agencies, no representation is accepted at faced value. I do not care what kind of "expert" they are. When in comes to protecting my city, I will trust but verify. The time to save legal fees is before the problem becomes a crisis.

Ernest B. Arnold