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Post by metrocenter on Mar 10, 2010 23:15:35 GMT -8
This suit lists 11 causes for action:
1. The EIR is inadequate, and thus violates CEQA. 2. The FEIR was substantially different from the DEIR and thus should have been recirculated. 3. The Expo Authority illegally treated Phases 1 and 2 of Expo as separate projects. 4. The EIR's project description was inadequate. 5. The EIR incorrectly included planned changes to the roadway in the baseline condition. 6. The Expo Authority did not adequately respond to public comments. 7. The Expo Authority deferred some mitigations until after the EIR process. 8. The Expo Authority did not study impacts of proposed mitigations. 9. The Expo Authority did not adequately study alternatives (grade-separations). 10. The Expo Authority was committed to using the ROW, as evidenced by the Phase 1 Venice aerial structure. 11. The Expo Authority and FTA did not conduct a NEPA environmental review (as plaintiff believes was required).
Clearly, some of these are weaker than others. It does seem like a case of throwing a lot at the wall to see what sticks. (Edit-- In the previous post, Bart's friend used this phrase too, and beat me to it...great minds think alike!)
NFSR is asking for a halt of all progress on Phase 2, reversal of the EIR approval, a cancellation of the EIR itself, plus attorneys fees.
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Post by Gokhan on Mar 11, 2010 11:32:01 GMT -8
It does seem like a case of throwing a lot at the wall to see what sticks. (Edit-- In the previous post, Bart's friend used this phrase too, and beat me to it...great minds think alike!)Actually it's been well known that NFSR has been questioning and complaining about every little thing, as typical to any NIMBY group, and this behavior of theirs has carried over into their lawsuit as well.
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Post by metrocenter on Mar 12, 2010 16:58:19 GMT -8
Breaking News: Expo Authority Responds To Lawsuit
The Expo Authority responded to NFSR's lawsuit today by issuing a press release that vows to defend Expo Phase 2.
Here is the text of the press release:
The February 4, 2010 approval of the Phase 2 extension of the Expo Light Rail Line from Culver City to Santa Monica culminated decades of planning, including extensive environmental studies, to provide modern transit service connecting the Westside with Downtown L.A. Given the long and careful planning history, and the urgent need for traffic relief, we are extremely disappointed that a small faction of the community seeks to delay the extension of a project that has the overwhelming support of the communities on the Westside. The Exposition Metro Line Construction Authority (Expo Authority) is confident that the Phase 2 project complies fully with the California Environmental Quality Act and the Authority intends to defend the project vigorously. The Authority conducted many large-scale community meetings and well over one hundred additional key stakeholder briefings to discuss the alternatives that were studied and to obtain feedback from the public. The selected project alternative reflects the consensus of the communities served by the project and incorporates the highest standards for design, public safety and environmental protection.
In February, the Expo Authority certified the project’s Phase 2 Final Environmental Impact Report (FEIR) under the California Environmental Quality Act and approved the preferred alternative alignment extending the Phase 1 project from Culver City to Santa Monica. At their March meeting, the Authority Board also authorized the CEO to negotiate and award contracts for preliminary engineering work, which will commence as soon as negotiations are complete.
Communities on the Westside of Los Angeles are among the most traffic-congested in the nation and have long been underserved when it comes to options for public transportation. We look forward to starting preliminary engineering work which will be the first milestone in bringing increased mobility and enhancing the quality of life for thousands of commuters throughout the Southland.
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Post by rubbertoe on Mar 12, 2010 17:40:40 GMT -8
Can someone more legally minded comment on what the filing of this lawsuit means with respect to the start of work, preliminary engineering for example, which Expo's response said that "they looked forward to starting preliminary engineering".
Does the lawsuit mean that no work is started until the lawsuit is settled? If so, and NFSR loses the suit but appeals, does that mean work is delayed until the appeal is resolved? What is the expected time frame for something/anything to be decided by a judge?
RT
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Post by rayinla on Mar 12, 2010 22:39:29 GMT -8
Can someone more legally minded comment on what the filing of this lawsuit means with respect to the start of work, preliminary engineering for example, which Expo's response said that "they looked forward to starting preliminary engineering". Does the lawsuit mean that no work is started until the lawsuit is settled? If so, and NFSR loses the suit but appeals, does that mean work is delayed until the appeal is resolved? What is the expected time frame for something/anything to be decided by a judge? RT It doesn't mean anything unless the judge grants them injunctive relief (a prohibition against moving forward until s/he makes a ruling in favor of one side or the other).
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Post by Gokhan on Mar 13, 2010 11:50:14 GMT -8
Can someone more legally minded comment on what the filing of this lawsuit means with respect to the start of work, preliminary engineering for example, which Expo's response said that "they looked forward to starting preliminary engineering". Does the lawsuit mean that no work is started until the lawsuit is settled? If so, and NFSR loses the suit but appeals, does that mean work is delayed until the appeal is resolved? What is the expected time frame for something/anything to be decided by a judge? RT It doesn't mean anything unless the judge grants them injunctive relief (a prohibition against moving forward until s/he makes a ruling in favor of one side or the other). Regarding preliminary engineering it's not the design - build process and therefore the lawsuit cannot stop it. Preliminary engineering is basically a study and a third party can't rule against a mere study. This said the preliminary engineering will start in April and it will be completed before the board meeting in early November. At that stage the design - build contract can be awarded and a notice to proceed for the Phase 2 design and construction can be issued as early as early December. Also starting in early April is the construction of the Culver City superstructure by Balfour Beatty Infrastructure, the new contractor who got this contract, at a bid $13 million cheaper than Flatiron (FCI).
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Post by darrell on Mar 15, 2010 11:23:37 GMT -8
On the subject of the end of Phase 2 near the Santa Monica Pier, plus testing my new Canon 70-300 telephoto zoom lens, here's a photo at 300mm from Palisades Park and link to more of my test images from this weekend.
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Post by Gokhan on Mar 15, 2010 13:22:44 GMT -8
Very nice...
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Post by Gokhan on Mar 20, 2010 16:44:24 GMT -8
Here is more NFSR NIMBY nonsense if you bother to read. It's their official statement made to the Expo board at the Phase 2 project approval. They apparently claim they were left out of the EIR. Give us a break, would you? NFSR comments on the FEIR
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Post by metrocenter on Mar 25, 2010 20:49:51 GMT -8
LOL-suit. Fail.
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Post by Gokhan on Mar 31, 2010 12:07:34 GMT -8
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Post by rajacobs on Mar 31, 2010 12:53:47 GMT -8
The "Not For Smart Rail" organizing techniques will stir up some uninformed folks. But the number of people who responded to me when I sent out a note requesting they write their supervisors prior to the FEIR vote was surprising. They responded affirmatively by taking the time to write. They were ones who I might have thought would throw the email away. This indicated to me a very, very strong desire to get this light rail line built without further, undue delay.
Short of employing a technique such as self-immolation on the ROW, I doubt that NFSR organizers will gain the notoriety they seem to desire so much.
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Post by metrocenter on Mar 31, 2010 13:08:03 GMT -8
"Kids and trains don't mix."
Ha. Tell that to my seven-year-old daughter, who has miraculously survived trips on subway, light rail and commuter trains systems in L.A., Montreal, San Francisco and London.
I gotta admit though, those are pretty nice signs.
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Post by redwings105th on Mar 31, 2010 16:44:52 GMT -8
"Kids and trains don't mix." Tell to the kids that are playing at a park next to the Blue Line. What do they mean by "Human Train", anyways?
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Post by Gokhan on Mar 31, 2010 16:54:02 GMT -8
What do they mean by "Human Train", anyways? They are trying to form a human train 270-ft-long to cross Overland. We should call the police when they will do that so we can have them arrested for disruptive behavior.
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Post by rubbertoe on Mar 31, 2010 18:11:26 GMT -8
"...We are asking for your CREATIVE help to come up with a name..."
How about Westside Elitist NIMBYs. I believe that covers it nicely.
RT
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Post by rubbertoe on Mar 31, 2010 18:21:17 GMT -8
"Trains and Kids don't mix!"
This quote from Bart in a recent weekly mailer addresses this pretty well:
Terri Tippit, president of NFSR, pointed to accidents on the Metro Rail system as evidence that the Expo Line will be a detriment to the public safety. NFSR apparently believes that a massive grid filled with thousands of drivers equipped with various levels of driving ability and 4-ton vehicles acting independently of each other on busy at-grade roads is far safer than any at-grade rail line.
We need to make up some new signs: 1. Trains don't kill kids, stupid drivers texting their friends do. 2. Trains don't kill kids, drunk drivers get all the credit for that.
And someone who is adept at scouring the internets for fun facts can fill in the following: Children killed by cars: X Children killed by trains: Y Do the math, open your eyes, drive safely, and build Expo phase 2 at grade!
RT
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Post by Transit Coalition on Mar 31, 2010 18:45:22 GMT -8
"Trains and Kids don't mix!" This quote from Bart in a recent weekly mailer addresses this pretty well: Terri Tippit, president of NFSR, pointed to accidents on the Metro Rail system as evidence that the Expo Line will be a detriment to the public safety. NFSR apparently believes that a massive grid filled with thousands of drivers equipped with various levels of driving ability and 4-ton vehicles acting independently of each other on busy at-grade roads is far safer than any at-grade rail line.We need to make up some new signs: 1. Trains don't kill kids, stupid drivers texting their friends do. 2. Trains don't kill kids, drunk drivers get all the credit for that. And someone who is adept at scouring the internets for fun facts can fill in the following: Children killed by cars: X Children killed by trains: Y Do the math, open your eyes, drive safely, and build Expo phase 2 at grade! RT As much as I love credit, that quote is from Transit Coalition Creative Genius Spokker, as is many of the other clever, witty quotes and sayings that you run across. Now, Transit Coalition needs some volunteers. Do you have graphics skills? We need to design "Ad Agency" quality, cutting edge signs just like the Nuts For Stopping Rail. There is no reason we can't counter their drunken slurs with a campaign of the truth. And, by the way, is there an attorney reading this who want to help going after one of the Nuts For Stopping Rail, who uses a phony address, so one of the kids in her family can attend a top school illegally. It is time to send a message to her.
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Post by Gokhan on Mar 31, 2010 21:16:32 GMT -8
Confusion with our Name:As new people move in to our area East of Overland we must explain to them why they are part of West of Westwood. We would like to change our name. A suggestion was Rancho Park HOA but since Rancho Park goes north to Olympic that might confuse those in Westwood South of SM Blvd. HOA. Our boundaries are: Pico-National, Kelton to 405 Frwy (to get the pocket behind the Post Office) and Pico-Ashby, Overland to Patricia (see attached Cheviot Hills map for those East of Overland). We are asking for your CREATIVE help to come up with a name. Our board meets the 2nd Wednesday of each month and welcomes all suggestions. Hit reply with your best thoughts. Here is the area map of Terri Tippit's homeowners' association: The neighborhood basically surrounds the landscaped section of the Exposition right-of-way. Therefore, how about Exposition Gardens? Or, perhaps, Expowood? Any other serious suggestions?
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Post by metrocenter on Apr 1, 2010 9:18:50 GMT -8
"Terri Tippit is co founder of the Westside Neighborhood Council and chair from January 2003 to February 2005. She chaired the WNC Planning Committee through the lengthy process of becoming certified by the Department of Neighborhood Empowerment. Terri has been an advocate for this community for over 30 years. She is president of the West of Westwood HOA (wowhoa@verizon.net), Chair of the Westwood Design Review Board, and on the West LA Community-Police Advisory Board, PTA President of Overland 1978-80 and served on the Marshall P. Riddick Youth House Board 1977-1992.Terri has served on numerous city task force addressing development on the Westside. She served as chair of the city task force that created the Pico/Westwood Neighborhood Overlay District, the first NOD in the city. On the WNC, Terri also served as a Chairman of the WNC." I always wonder about people like this: with all that activity, how is she able to hold down a job? :sarcasm:
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Post by metrocenter on Apr 1, 2010 9:37:20 GMT -8
Therefore, how about Exposition Gardens? Excellent name, sounds very peaceful. I like Expo Crossing as well. Now getting snarky, I can imagine the following might work well: - East of Sepulveda
- Freeway Pocket Square
- Terry Tippet Town
- Light Rail Thunder Alley
- Grand Central Station
- LA Riot Zone (for those fearing the roaming TV thieves).
- NIMBY Junction
- Kill-Transit-For-The-Rest-Of-Them-Because-Our-Property-Values-Are-More-Important Vista
- West of Westwood
On second thought, disregard that last one. That's just stupid.
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Post by rajacobs on Apr 1, 2010 15:57:31 GMT -8
Regarding the tract described as Tippit's homeowner's association ...it's quite artificial. The Santa Monica Freeway establishes a defualt boundary for neighborhoods. The only thing that homeowners in such an artificial tract can have in common is an agenda created by the motive force behind establishing the named area.
Were I to live south the 10 and North of National ...west of Overland, I would have everything in common with those who live in "Westside Village," not those in the flatland that becomes adjacent to the Westside Pavilion. ...What a farce. I hope that many homeowners spend enough time thinking and using their own amply imaginations to see the propaganda being distributed for what it is and feel the manipulation that is being applied.
Those with that certain need to wield power, and who have the time to try doing it away from the work setting, gravitate first to newer religious institutions and to smaller community boards where power groups are insufficiently well-established to rebut their incursion. One hopes that they grow discouraged and find other sandboxes to infect.
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Post by bobdavis on Apr 1, 2010 16:13:28 GMT -8
Regarding "kids and trains": My elementary school (this was over 60 years ago) was bounded on the south by a street with a Pacific Electric line with heavy interurban cars and a daily gravel train going by regularly. Don't recall any casualties. Moving forward to this century: children are more likely to be hit by a preoccupied parent in an SUV or minivan in front of the schoolhouse than fall victim to a train, even in places like Media and Upper Darby PA, where electric trains have been running past schools for decades
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Post by spokker on Apr 1, 2010 20:34:44 GMT -8
Fred Camino over at Metro's blog The Source said in a recent post that he was talking to some high school kids who use the Blue Line and they said they couldn't believe that anyone manages to get hit by it. Seems like there are some kids who have good heads on their shoulders. It's probably not right to say that the Expo Line will never kill a kid. There will certainly be some high schooler with their mp3 player too loud, not paying attention, maybe even high as a kite, who walks into the path of an oncoming train. But of course, that kid was also in danger of getting hit by a car, a truck or whatever. It seems that if you are paying attention, your chances of getting hit by a train are nil. Contrast this with the pedestrian experience around cars, where people who are following every single rule continue to remain in danger from people who are texting and not paying attention. Many people aren't just hit while jaywalking, but in crosswalks too. Man, ever try to cross one of those crosswalks at a freeway entrance? People tend to start hitting the gas pedal the moment they see the on-ramp. You really have to time it right and pay attention. For illustration, this is the kind of crosswalk I am talking about. I crossed this one on Wednesday and it was kind of a scary experience. Check out the Street View. There isn't even a signal for pedestrians. Even if the car manages to see you, pray they have good brakes. It's downhill too.
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Post by davebowman on Apr 2, 2010 11:55:22 GMT -8
I may have posted this before, but when I was gowing up in St. Paul in the early 60's my friends and I used to go down to the local rail yards to play. We'd put coins on the rails and wait for the trains to come by to flatten them. I was about 6 years old at the time, and none of us ever got hurt.
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Post by rajacobs on Apr 2, 2010 18:55:20 GMT -8
...And I did that too. I also remember a chemistry teacher talking about putting iron filings underneath an out-of-service train wiwth a magnesium fuse, lighting it on fire and welding the wheel to the track. ...Never did that though!
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Post by Gokhan on Apr 4, 2010 20:01:44 GMT -8
Well, this Tuesday at 7:30 PM at Vista Del Mar (3200 Motor Ave, just north of the Expo Line bridge [north of National]) will be the Cheviot Hills Homeowners' Association General Meeting. It's held around the corner from my home but I won't go. If some of you guys go, please pass your report here about their plans to derail the Expo Line.
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Post by Gokhan on Apr 6, 2010 18:27:58 GMT -8
While the affluent yet ruthless Westside NIMBYs organized by Terri Tippit (West of Westwood HOA), Colleen Mason Heller (Cheviot Hills HOA), and Mike Eveloff (Tract 7260 HOA) are at all-out war against Expo, here is the official response flyer from the Westside supporters of the Expo Line:
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Matt
New Member
Posts: 7
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Post by Matt on Apr 6, 2010 21:49:16 GMT -8
"...We are asking for your CREATIVE help to come up with a name..." I think this old WWII era slogan seems appropriate:
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Post by Gokhan on Apr 6, 2010 23:06:11 GMT -8
Word is out that Colleen Mason Heller might have become the new CHHA President. Call it Colleen Heller Homeowners' Association or Cheviot Hills Homeowners' Association as you wish. In any case, apparently, now, most people who live in Cheviot Hills and are participating in CHHA are NIMBYs and they constitute only a small number of people. Those, the vast majority of the Cheviot Hills residents, who simply don't care about the Expo Line or support it are turning their backs against CHHA, which has turned into a fanatic opposition faction, full of negative energy against making Los Angeles a better place. But, unfortunately, it's always such small factions with the negative energy who make the noise!
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