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Puhtir ittilitiPs Towmissiun
STATE OF GALIFORNIA
March E, 1957
Leono..0 corroNlo.noNp
+o TNt corwu.lo«
City of San Luis Obispo
San Luis Obispo, California
Attention: Mr. Richard D. `tiller
Administrative Officer
Gentlemen:
95/353 L.A.L.4..... TtwVIL61Np
t.N i11. Nt1pCp .. C.LIt.
MAR 1951
ft Gb�e�F-D
This is in reference to your letter of March 1, 1957,
stating that the infractions to 3eneral Order No. 95 have been
cleared. 'Is are therefore closing our files on these infractions.
Thank you for your cooperation in this matter.
Very truly yours,
PUBLIC UTTLTTIES COWSSION, STATE OF cALIF'oRRIA
f
,h
S. PAJALIC!/H, Secrlrtary
29.
IN T4 BOARD OF SUPERASORS
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA
--:-V&OA-day --------19-57_
PRESENT: Supervisors M. Roland Gates, Fred C. Kimball Den F. Sheehy,
John Ruskovich, and Chairman Paul L. Andrew
ABSENT: None
In the Matter of Claim of the City of San Luis Cbispo rot County's
share of construction of Johnson Avenue Underpaset
Upon motion of Supervisor Kimball, seconded by Supervisor Oates,
and on the following roll call vote, to -wits
AYES$ Supervisors Kimball, Oates, Sheehy, Ruskovich, Chairman Andrew
NOES1 None
ABSENT; None
the Claim of the City of San Luis Obispo, in the amount of $3,878.00,
being the County's share of construction of the Johnson Avenue under-
pass, to be considered for payment when the ac.tnal contract for --on-
straotion of the sold underpass is awarded.
oat City of San Lais Obispo
3-15-57 112
STATE OF CALIFORNIA,
County of San finis Obispo, } ea'
MALLAON
I, _ - ._ __._.__....__.______________.__.______, County Clerk and ea-officio Clerk
of the Board of Supervisors, in and for the County of San Luis Obispo, State of California, do
hereby certify the foregoing to be a full, true and correct copy of an order made by the Board
of Supervisors, as the same appears spread upon their minute book.
WITNESS my hand and the seal of said Board of Supervisors, affixed this __ 15*
day of ------------- March,. ------ 19-9_.
(SEAL) Couney Clerk and Eu-Ofncio Clerk the Based
of 8upenlsoee
Deputy Clerk.
I- IS t
4r'
CITY OFOBISPO
DEPARTMENT OF PUBLIC WORKS March 1, 1959
Mr. Richard Miller
Administrative Officer
City of San Luis Obispo
Dear Dick -
After some negotiations Southern Pacific has agreed to the location
of the Johnson Street struc_tluV-wst of the present structure. This
will Eliminate thi-proposed shoo -fly and should result in considerable
saving in cost. The easterly alignment, however, will necessitate more
excavation and will require the removal of the bridge over the tracks
at Fairview. I£ this removal is completed prior to the award of the
prime contract of the underpass, the construction work will be greatly
faeilitated; therefore, I request permission to authorize Southern
Pacific Company to remove the structure during the latter part of March.
Very truly yours,
DAVID F. ROMERO
City Engineer
DF"
San Luis Cbispo, California
October 15, 1956
To the Honorable, the Mayor and
Members of the City Council of
the City of San Luis Obispo
Gentlemen:
There is being filed with you herewith,
duplicate signed copy of a Petition addressed to the
Public Utilities Commission of the State of California.
The original signed copy of such Petition is being
filed with the Commission.
Such petition refers to the proposed closing of
the Southern Pacific Railroad Crossing at Higuera
Street, and requests that the matter of the closing of
such crossing be re-examined and that the previous
decision of the Public Utilities Commission be revoked.
As stated in such petition, each signed thereof
feels that such crossing should not be closed, and
that serious financial loss will be sustained by
property owners in the event the crossing is cldlosed.
member;h8fa1A;sE4"eC86n�j1 jjtBrg�4el�a;eoquestetheto
the end that further proceedings be taken before the
Public Utilities Commission seeking to prevent the
closing of Higuera Street. Any such action must be
taken within the next few days, as otherwise the time
limit will expire.
This letter is presented by the undersigned on
behalf of all of the signers of said Petition.
Respectfully submitted,
To the Public Utilities Commission
of the State of C.,lifornia
Gentlemen:
The undersigned, each of whom is either a resident
of, or property owner within, the area affected by the
proposed closing of the Southern Pacific Railroad grade
crossing at Higuera Street, in the City of San Luis Obispo,
California, do hereby respectfully protest such proposed
closing.
The crossing proposed to be closed is an open
crossing, with unobstructed view to all traffic on Higuera
Street, there being no buildings or other obstructions
near the railroad tracks which might block the view of
traffic on Higuera Street.
The value of all real property lying to the
North and East of the Higuera Street crossing will be
decreased if the proposed closing is finally permitted.
Such decrease in value will particularly affect
all property in the block immediately to the North and
Fast of such crossing, as the proposed closing would make
such block a "dead end" street.
Property owners should not be forced to suffer
a financial loss, without compensation, and in the opinion
of the undersigned the closing of Higuera Street will cause
a serious financial loss to all property involved.
The undersigned respectfully request that the
matter of the closing of Higuera Street be re-examined by
the Public Utilities Commission, and that any order or
decision heretofore made, providing for such closing,
be revoked.
DATED: October, 1956
Respectfully submitted,
ABM ADDRESS
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NAME
ADDRESS
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COPY
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Petition of tine City of San Luis Obispo
under Section 1206 of the California
Public Utilities Code for an Order fix-
ing the Just Compensation, if any, to
be paid by the City for an easement for
a widened underpass under the tracks of
the Southern Pacific Company in said City,
and for a final Order of Condemnation.
AFFIDAVIT OF MAILING
STATE OF CALIFORNIA
5�.
CITY AND COUNYTY OF SAN FRANCISCO
FILL:G
plum 611H11ES CaumsiaB
STA'[ OF CAi.1FORY IA.
A'J& 191955
SAN FR_,N I5C0 :4TIGE
ROBERT P. MCUNTAMOS, being first duly sworn, deposes and says:
That he is a citizen of the United States and a resident of
the City and County of San Francisco; over the age of eigk:teen years,
employed by the Public Utilities Commission of the State of California,
and neither a party to nor Interested in the above proceeding.
That on August 18, 1955, at the City Hall Station of the United
States Peat Office Department, he personally deposited in the mail
sealed envelopes addressed as follows:
Southern Pacific Company
65 Market Street
San Francisco, California
Southern Pacific Railroad Company
55 Market Street
San Francisco, California
Fred H. Luoksinger, Mayor
The City of San Luis Obispo
City Hall
San Luis Obispo, California
That each of said envelopes contained a certified copy of the
Order to Show Cause issued by the Public Utilities Commission in the
above proceeding on August 16, 1955, attached to which was a true
and correct copy of the petition filed by the City of San Luis Obispo
1.
in said proceeding.
That each of said sealed envelopes was sent as first-class
mail, registered, with return receipt requested, and at the time
of deposit all postage and fees thereon were fully prepaid.
That there is a regular communication by United States mail
in San Francisco and between San Francisco and San, Luis Obispo.
That at the time of deposit in the mail afflant obtained a
receipt for said mailing, said receipt being attached as Exhibit A
to the original of this affidavit.
IQobort f' Mean0-1.ros
n er -un anos
Subscribed end sworn to before me
this Y' day of August, 1955•
36RL Nd�'/ dole
wee Sec�c V�STiE
Commission of the State of
California
�?�rs$bai_ •:. '. :;� .. m.-r..i+:. .�•��'.� do .ao-. ` .�tiuttid'r^a... � �arr�'e._Tu' aa..r'.
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C
0 P
Y
November 15th, 1930
App1. 16555
Mr. F. L. Sinehelmer
Wyor
City of San Luis Obispo
California
Dear Mr. Sinaheimeri
Referring to Southern Pacific Company's application to
extend its double track work to the north of the station at San
Luis Obispo and particularly with reference to the reconstruction
of the undergrade crossing at Munoz Streets
As you are aware, the present undergrade crossing at
this location presents a hazardous situation, in that it does not
oiler standard clearance and also the approach from the west is
at a sharp angle. We realize that the City of San Luis Obispo
is anxious to have this separation reconstructed so as to afford a
safe and convenient means of access across the railroad property
at an early date.
It is also our desire to do all we reasonably can to
bring about a correction of this bad situation at the earliest
possible time. To this end, we inquired from Southern Pacific ;om-
pany the present status of the proposed new undargrade crossing to
take the place of the existing one at ftunoz Street and have been
advised that the Company has prepared plans which have been fur-
nished you; also, that while the plans have not been in your hands
such a very long time, no further action is contemplated by the
company until it has your report as to whether or not the proposed
plans meet with your approval.
In order that our file will be brought up to late and also
with the idea of urging early action on this separation, we would ask
that you advise this Commiasion the present status of this situation
from the city's standpoint. It appears that whether or not the double
track work proceeds at this time, this particular underpass should be
irmediately rebuilt, due tothe fact that it is not in a satisfactory
condition, as is indicated above.
Tours very truly,
RAILROAD COOMM1SSION OF THE STATE OF :ALIFORNIA,
By
H. C. -athewson, Secretary
CCS Southern racific Co.
RAILROAD COMMISSION
of the
STATE OF CALIFORNIA
5th Floor California
State Bldg.
February 23, 1940
File No. 183-40
Mr. M. A. Fitzgerald
City Attorney
San Luis Obispo, California
Dear Sir:
We have your letter of February 16, 1940, requesting infor-
mation as to the past activities with respect to improving the under-
pass e-ith the tracks of Southern Pacific Company at Munoz Street, San
Luis Obispo.
Several years ago there was agitation for improvement of con-
ditions at this point and at the request of 7.1r. Sinsheimer, Mayor of
San Luis Obispo at that time, our Transportation Engineer attended a
conference with representatives of the city and the the railroad. At about
this same time Southern Pacific Company was conteiiplating construction
of a second main line track northward from San Luis Obispo and had made
application to the Commission for the necessary changes to crossings
with the various streets. Among the crossing included in the applica-
tion was the underpass in the vicinity of Munoz Street which the company
proposed to enlarge and provide for an additional track.
In our files relating to this application we find that on
November 15, 1930, we wrote Mayor Sinsheimer and a copy of this letter
is attached.
Southern Pacific Company abandoned its plans to construct the
additional track and the application was dismissed without the Commis-
sion taking any action relating to the Munoz Street crossing. During
the progress of the negotiations relating to this application, a nro-
posai was made that instead of enlarging the existing narrow structure
at Munoz Street a new subway be constructed at Buchon Street. No action
was ever taken with respect to this change in plan although we understand
certain tentative studies and plans were prepared. The application of
Southern Pacific Company was dismissed on October 14, 1931, and since
that date there has been no formal action relating to this matter.
The files indicate that the Commission's Engineering Division
feels that something should be done to improve conditions at this point
and it will be glad to render any assiate.nce to tap city t:iat it c-n to
the end that a proper subway be provided.
Yours very truly,
RAILROAD COMMISSION OF THE STATE OF CALTFORNIA,
Enclosure By Warren K. Brown
Director of Transportation
�` / f.r
BEFORE THE PUBLIC UTILITIES COMISSION OF THE STATE OF CALIFORNIA
Petition of the City of San Luis Obispo )
under Section 1206 of the California 7
Public Utilities Code for an Order fixing )
the Just compensation, if any, to be paid ) Application No. 97125
by the City for an easement for a widened ) (Adjourned Hearing)
underpass under the tracks of the Southern )
Pacific Company in said City, and for a )
final Order of Condemnation. j
In the Ytatter of the Application of the )
City of San Luis Obispo, County of San )
Luis Obispo, State of California, for an )
order authorizing the improvement of a ) Application No. 95806
crossing at separate grades of Johnson )
Street and the Southern Pacific Company.
Commission investigation into the safety,
maintenance, operation, use and protection 7 (0 �
of crossings of public highways and the 1 Ca Nag 375gj
lines of the Southern Pacific Company in ) N y
the City of San Luis Obispo, County of 7 �' a[�> Q�;��'
San Luis Obispo.
To:
NOTICE OF HEARING
William H. Houser, Jr., City Attorney, City of San Luis
Obispo, San Luis Obispo, California
District Attorney, County of San Luis Obispo, San Luis
Obispo, California
George L. Buland, General Attorney, .Southern Pacific
Company, 65 Market Street, San Francisco, California
Randolph Karr, Attorney, Southern Pacific Company,
65 Market Street, San Frencieco, California
AND TO ALL INTERESTED PARTIES:
NOTICE 25 HEREBY GIVEN that tiie Public Utilities Commission
of the State of California has set the hearing in the above entitled
matters before Commissioner Untereiner and Examiner Daly for Wednesday,
June 20, 1956 at 10:00 a, m, in the Council Chambers, City Hall, San
Luis Obispo, California, at which time and place all interested
parties may appear and be heard.
BY ORDER OF THE PUBLIC UTILITIES COM1138I011.
Dated at San Frencieco, this 29th day of Hay, 1956•
R. J. Pajalieh, Secretary
Public Utilities Commission of the
.State of California
c^/ A
cc/City Clerk
City FL 11
San Luis Obispo, Calif.
mb
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n.x x.ao.o
�ublir 3�tilitie� Hlumnci�giun
STATE OF CALIFORNIA
3 October 1955
A...... Au con au.m+ne», me» c+u.o.xi. n..n anoxa
A37125
Fred H. Lucksinger, Mayor
The City of San Luis Obispo
City Hall
San Luis Obispo, California
William irt. Houser, Jr.
City Attorney
The City of San Luis Obispo
City Hall
San Luis Obispo, California
Carl I. Wheat
332 Westridge Drive
Menlo Park, California
Gentlemen:
Enclosed is a copy of Affidavit of Mailing
of Notice of Hearing regarding Application 37125 signed
on September 30, 1955.
Very truly yours,
PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIA
By
R. J. PajalY?h, Secretary
e � �
BEFORE THE PUBLIC UTILITIES COMMISSION OF !NH STATE OF CALIFORNIA
Petition of the City of San Luis Obispo
under Section 1206 of the California
Public Utilities Code for an Order fix-
ing the Just Compensation, if any, to
be paid by the City for an easement for
a widened underpass under the tracks of
the Southern Pacific Company in said City,
and for a final Order of Condemnation.
AFFIDAVIT OF MAILING
State of California i
) an.
City and County of San Francisco )
FILED
PBBIM 8TRITIES CBIINISSIBR
STATF OF C GUFOFhmA
SEP 301955
SAN FfRANC(SW 'mFFICE
APPlloatt n lie. 391<5
ROBERT P. MOUNTANOS, being first duly sworn, deposes and ■ayss
That he is a citizen of the United States and a resident of
the City and County of San Francisco, over the age of eighteen
Years, employed by the Public Utilities Commission of the State of
California, and neither a party to nor interested in the above
proceeding.
That on September 30, 1955, at the City Hall Station of the
United States Post Office Department, he personally deposited in
the mail sealed envelopes addressed as follows:
Fred H. Luoksinger, Mayer
The CSty of San Luis Obispo
City Hall
San Luis Obispo, California
William M. Houser, Jr.
City Attorney
The City of San Luis Obispo
City Hall
San Luis Obispo, California
Carl I. Wheat
332 Weatridge Drive
Menlo Park, California
0 •
That Paoli or Paid envelopes contained a copy of Notice of
Hearing issued by the Public Utilities Commission In the above
proceedlnp, an September 30, 1955, a copy of such Notice of Hearing
being attached to the original of this affidavit as Exhibit A
thereto.
That eeoh of said sealed envelopes was sent as first-class
mail and at the time of deposit all postage thereon was fully
prepaid.
That there is a regular communication by United States mail
between San Francisoo and San Luis Obispo and between San Franciseo
and Menlo Park.
Rab+ert 6oun?�M,u�tanosnt��as
e eP
Subscribed and sworn to before me
this 30th day of Septembee, 1955
a o , era y
Public Utilities Comisslon
of the State of California
32
Vann�e..o.a,F ..c...
ua .nno. eoeu.
�iuGlir ?�tiiitira �AriUntBBtAu
STATE OF CALIFORNIA
19 August 195D
eon....a. ae.... a,. o.. .I.a... oI.mxo
_'NA....0 a ON
..eUCo.. eaV.
City of�San�Luis�Obisso
p . 7�0. 37125
Fred H. Lucksinger, Mayor
The City of San Luis Obispo,
City Hall,
San Luis Obispo, California.
William M. Hcuser, Jr.,
City Attorney,
City Hall,
San Luis Obispo, California.
Carl I. Wheat,
332 Westridge Drive,
Menlo Park, California.
Gentlemen:
Enclosed are copies of the following documents:
1. Order to Show Cause, issued August 16, 1955•
2. Affidavit of Service, filed August 19, 1955.
3. Affidavit of Mailing, filed August 19, 1955•
Very truly yours,
PUBLIC UTILITIES COMMISSION, STATE OFCALIFORNIA
By /`�c'-��sXiy-�GrC
— R. 4r. Fajali , secretary
-"q l •
Public Uti idea ,Commission,
State of California,
California State Building,
San Francisco 2, California
august 1, 1955.
App. No. 37125
Citv of i:ar: Luis Obispo
Nttention: It. J. Paialich, iecretar_
boar Sir:
In roply to your letter of July 27th, 1955, this is
to infonsyou that the time set for t.a Her.ring on the
above vroceoding will be satisfactory as set forth in
y ur letter for 2:00 P.M. aiFriday, the 23rd day of
September, 1955, in the Council `%hambers, City Hall,
990 Palm Street, San Luis Obispo, California.
Very truly yours,
By
Frdd H.LucksinFer, Mayor
,%R, ,
xx uncx.x.
..........I.
�iuhtir �iilifiPB C�nmmiB�i�tn
STATE OF CALIFORNIA
27 July 1955
ADMo,.0 COMM V xIC.T1Cx, nv xo.
ro,x. C... u.mx ..x F..xn.CO.. CALIF.
App. No. 37125
City of San Luis Obispo
Fred H. Lucksinger, Mayor
The City of San Luis Obispo,
City Hall,
San Luis Obispo, California.
William M. Houser, Jr.
City Attorney,
City Hall,
San Luis Obispo, California.
Carl I. Wheat,
332 Westridge Drive,
Menlo Park, California.
Gentlemen:
The statute applicable to the above proceeding requires
issuance of an order to show cause, specifying the time and
place of hearing thereon. It is contemplated that such hear-
ing will be set for 2:00 p.m. on Friday, the 23rd day of
September, 1955, at San Luis Obispo. Will you kindly advise
as to the room, building, and address where the hearing may
be held on that date, in order that such information may be
set out in the order to show cause.
Very truly yours,
PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIA
By ,A�
a alic , ecreta
r �
rebruary 10, 1955
"r. Carl Wheat
332 Westridge Lrive
Mcalo Parke California
near :Iirr
!tr. Nissen of the Southern Pacific COspary was in
San Luis Obispo yesterday for a discussion pertaining
to the Johnson Immue Underpass project. Agreement was
reached on design and cost estimate with minor revisions
in the plane io be ecrtpleted within 10 days.
Mr. Nissan is to verbally notify Mr. %bsca of the
P.U.C. that an agreement has been reached. lr therefore,
suggest that you contact the P.':.C. in regard to the nerd
more.
Enclosed is copy of the coat estirtote.
Yours ``/very truly,
IY-e�
G. NOMEN H&MLXN
City &iglneer
0NN/lb
Enclosure
cc% F'itspatriok (for files)
a.
I
Mso ev"I s =nn
Gilt OF SAs LUIS C.Mpo
oallezM CQS7 rsTIWTL
I. Co-atrwt Wooly Alth trestle, Yeteet $. 9@ eperstdana, rclr,oate Caa.
fllatia¢ ft. 1Ie fooillttse, teeters tiMt to omwpl* a structure and
raw" Woeflya
*32tM.00
2. Casstruct single treek w cress otrwtum includIM abutnautas
3. 41mate 'ueelaru unim Unams
A,t50.w
1,1'00.00
It.-eowistrwt street v4vuft uuderpasa, »beats voter, &seer, aqd antra
n,;e faciUtSaa, eorat.ract retainiM wall, oldecalk, omf avrb and 4vtterl
t..UU
TXAL
Fnglneering and 0trlsiaRotaeise t` 15 s + 2l 0p
less dwal ,y salva&o �
Nat twat fov etruatW% Simla truck abnbautos
Additisnal cost, dadde track sbutmrtat
Not cost for strustorea double track abutaentes VITJSYW.W
the Obese saidad setiaato r4vParsd Jetatl7 by City MrA ;Wilroea is
egaead roan ee a roroa*bla oetionte of oust.
ldww.ry 90 1955
IT• �
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aothaap fasltis Cs�Mq
VLV ,=*Low
City of eau IOU-:blat'A
6FO Rwp"L. BU LAN. `wowsn /J✓ (J�C[�.ld/bJ/IRiMYdf.O'V R. E. LES W.
rRS
°� PAUL V.
W. BURK[TT, JR.
JAMEE L LVONS [w _ pAUL . OE FORD
RICHARD E. WEDEKIND � �e 1T[ C q•6�000 DRIL N` wmwK[n
BURTON MASON 955
LA WRENCE L NO WE WILOAM MEINNOLD
E.C. CROOKER
ROBERT L PIERCE A. T. SUTER
FRANK J. GALLAGHER _ FREDERICK E. FUNRMAN
RANDOLPM KARR W. A.GREDORV
c[nuwi .nownv[ ALAN 0. FURTM
M. A. WATERMAN
File$ CPVC-35"6
Public Utilities Cosri$BIOB
of the State of California,
State Building, Civic Center,
San Francisco, Ca ifornis.
Re: in the matter of the application of the City of
San Luis Obispo, County of San Luis Obispo$ State
of California$ for an order authorizing tine lm-
pro vement of a crossing at separate grades of
Johnson street and the Southern Pacific Company:
Gentlement
a Enclosed herewith are original and fourteen copies of
the motion of dofendant Southern Pacific Company to dismiss the
application in the above -entitled matter.
• You will note there is also enclosed an affidavit of
mailing of a copy of ti-as application to Mayor of the City of
San Luis Obispo{ Mr. George L. Andre. City Attorney; and Mr.
Carl I. Wheat, Attorney.
It appears appropriate that the defendant Southern
Pacific Company's Motica to Dismiss should be heard in advance
of any hearings on tiY►` sr•rir
7
om I Very truly yours,
�� ran
04� m
C' 0
OU
• Uncle.
ocl`/Mayor of the City of San Luis Obispo, 990 Palm Street,
San i,uia Obispo, Calif.
Mr. George L. Andre, City Attorney, 990 Palm Street,
San Luis Obispo, Calif.
Mr. Carl I. Wheat, Attorney, 332 Westriagc :.rive,
Menlo Park, Calif.
(with copy of enclosure to each)
y
J r � ✓
CITY SAN PO
_ VN�
Docamber 6, 1954
Carl I. Wheat
332 ilestridge Drive
Menlo Nark, (California
Dear Mr. Wheatt
The City of San leis Obispo desires to retain your services
in concoction with lapel phases of the pending proceeding
before the California Public Utilities Con.is:;ion involving
the proposed widening of the Johnson Avenue underpass under
the ticks of the Souttunrn eacific Iva.'aroad in iris citye
We understand your staaduri wee for services of ti:ia nature
to be 32CO per dK7 of office ass +ud f, 300 pu• day of
hearing. As you are aware, the city wiwma to do evorythi.ng
possible to keep the eoet of these procesdiry-p to a a'n<mmas
and while we understand your reasons for not desiring to
roduca your ra;:aiar foes we trust you will }mop the cityma
necessities in aid at aLl tines.
In this ewunection, you here advised us t:mt you do not
aaddalpaLa tLe need for et'd'ort, at tare rstoa stated, that
would cxcesd a total c"at to t;;e c_ty of from 1,15,ODO to
$6,000, apart from any ;ecessary travel or other out-cf-
pocimt expensos incurred by you on our u0balf, witb u
probability tAt tlw, total ;say be of a looser c."dar,
dopsndi:i^, of co_rsc, a,=, tnc amount of effort devoted to
this ',at •Yor by our cm officials.
Acccrdindy, we propose your retention to handle and oversee
the lapel phases of this pmding prcceodiny;, rates
already stated, payable aonihi,; on roceic+t >.. state 4,,,;ta fro,
you covering your ties and also your : +G• J -pocket
expenses. Our city officials, -. cnWy
and City Engineer, will cooperate wit-. `,. I >=,,, and
it is understood that we will seek m;tsicc export assista;,ce
of an en,,tsei'inn:,, nat•;tb to supplement the P,fforts of our own
officials, pursuant to advice from you. The city, of cojrse,
M4el'P -a the riy:t So terminate th.I a arran-onent at any tine,
.. _ .. , ycd to ;you.
CITY 6 S'AN PO
December 6, 19%
Pegs 2-
Should this prof,sal met with /our approval, please
so lr.dicate cn the enclosed carbon of this letter
and return that copy to ne#
Very truly ya•rs,
P" H. Lucksisger
AL,V/ or
1prroved and acceutad
,'Uaxen 5t7set Underpass, City of San Luis Chic:
Publio Utilities Comnislon Ileariug ,MJ58G6
Pre -hearing Conference, San Francisco, November 8, 19S1e, a_ P.,a
Present: i§:amir�or, ;>s. Verne F;eroggina
Secretary - Mr. Daley
P.U.C. Finginaere - Mr. Gibson and Mr. itoach
Southern Pacific Co.:- Mr. Ray 'Masan, Ass't. Chief UW'r,
Mr. Carr, Attorney
City of San Luis Obispo:- Mayor Fred Lwbntnger
George i.ndre, City Attorney
G. Homer Ftemlin, City Engineer
Carl Wheat, Counsel
Brott.erhood of Locomotive Engineers:- Mr. Zenon Talbot
At the suggestion of ;c-. Scroggins, it was agreed that the first st:;�
will be to have Southern Pacific and City of San Luis Obispo engineers oc;::e
to an agreement ont
1. Basic design of the proposed improvcment.
2. Fsti .stcd cost of the improvement.
'lr. Sera gins appointed h'.r. Gibson of P.U.C. to not as
and 'o-s. }iaalin agreed to get together and work out design and. ooz-..
11r. Carr requested that the County of San Lute Obispo be
case as an interested party, and as a poccible participent in the .:F- '$„
Andre and Mr. Wheat stated Uist the County was not involved due .c V."a^t
that the street '.tee a City street, and further that inclusion of ti:e ccaaty
would delay progress.
Na. Carr also requested that the closing of Gros Street, nl,id otl: cr f;raie
crossixigs, be made a part of the consideration. 'Mayor Lucksinter Ir"i
the !'ity wished to corSine the di.soussion to solution of the Johnson _t�so':
crossing.
On question of Mr. Seroggins, Rr. Carr stated hearing would raquire about,
j days. Mr. Andre and Mr. 'Wheat said 2 days would be sufficient.
After discussion of these points, :r. ScrogCins stated that the engineers
t:•ould ropo.^t their findings as to design and cost to him as swn as eciv;lcted,
at which time he would call another informal meeting; to precede the fa:Trl
hearing.
On adjcure lent, Mr. :dissen, Mr. Gibson and Mr. Hamlin ewt
diecuss procedure in working out ongineerine design. It was ag:^ee. +;dirt:
1. ';r. Uw in would furish available data to ?ir. 7ilsacn ca re-
li,,'.nnry derigl considerations, estimated soil. bearin , cnpacit.:;, r.
would s:bmit a proposed plan for
%x°affic durik; reconstruction cf the undarpase, including an estiaateo_' 1,:cw
tisx; Johnson Street �rIerpaas could be closed.
3. '`1r. Iass= would nave vehicular traffic counts in cooperaticr.
frith the City.
4, the Cit} -gill be responsible for design of streete, Arainigo,�
utility relocation.
j. nie railroad will be responsible for design of rai-lroad stv,x-
t=e, including abutments, and relocation of tracks, switches, si.nals, a.Ld
telephone facilit.ier on railroad property.
6. Comes of all letters of transmittal will be sent to Y.U.C,,
c/o 11r. Gibson. Actual material need not be sent to P.R.C. unless of a
controversial. nature.
7. P1r. Henlin and Mr. Nissen agreed that ikeir wor'c would be
corplated at the earliest possible date.
Submitted bye
C. HCMER I3N17Sid
City Engineer
GHH/pbe
In rgam.1
RETURN RECA4?T
Rneired from the Pastmmter fhe Rte_,^I �I aeg ! the nignI
cf Fehich eppraa m the fare of this Cord.
04 SEP 23 PN 1:16
....p(- ...... ........._. ......-----
( iILC IiVJeam..l
i
(9rye!m. yl'ee9�amu'. wn.:- drmr.5o id .d,. .}enmL .m..r m:he 0.M1'F.dw<1
Date of delivery_,._..__ ... __.__... _ -__, 19__._
------ — -
Public Utilities Commissian
State of California
California State Handing
San Francisco 2, California
"nauseant
Enclosed are ori.ylnal alai tanlvo (72) ooplo0 of aft amiLEcet1en eubBffitted
to ymw honorable botjr by the City of Sam Eais (lhispo asking for m order
authaising the impa'wanant of a creasing at separate grades of Johnson
Street and the southern Pacilio Cant, any railroad tracks. (?:o. E-251.7-H)
11e City Council his also asked ma to express the hope that the Commission
rill aapedits eonM9eration of this '*+otter in view of the fact that it
has bean Flo ding since Fabraery 23, 195h, at which time the Cty teamemitted
asgineeree plans and coat estimates to the Southern "acific Co,.gmV and also
made an of far to chars the cost of improvement with the railroad.
This application is mode only after ezhmnsting all efforts at an informal
asmpcaodse Settlement on sharing of the costs involved in such an
isps'asumnt•
Pee{neVWti l.y yours,
l'.ichatd 7). thuds'
PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Brute Building. Cid, Conte,
SAN FRANCISCO 2, CALIFORNIA
We ackeowledge receipt of the follouisg: Date September 24,
Z. Application Improve underpass Of..--___._ I Onginal File No. Appl. 35806
Complaint dohnscn St with SE, Ca_trkel2 Copies Filed by.._..f.Lty..of. San. Lula..Chis
Petition ._. Filing Fee S..
Brief _.. _. _. .Enclored: We CAB your attention to the
Receipt No. Practice and Procedure: re
See Ruk__..
For fewer filings :-'i `Q\-'
_. _. We ruggest you fil dnfig '
Prod He LucksinCer, Nayror
City of San Luis Obispo
990 Palm Street
San Luis Obispo, Califomia
f —J
R. J. PAJAUCN, Secmtary
i •
P
Pu ust 24, 195i
Mr. C. F, Norton
The aeetorn Union Telegraph Company
125 - IM Street
Oakland, California
Re, Eatimates - FD 590-54 - S.P.-
San 1itie Obispo, Calif. -
Johnson Street Underpass
Dear 'S,'xI
Ycu estivate of cost for relocation oP your facilitiia at
proposed Jdmaen nveaus underpass improvement, City of San Luis
Obispo, was received this date.
Phaze note that this protect to merely in the diwe)saioa
stage, and that no aoknowledgenmat or oomment on the proposed in-
provement.'iss been received from the Southern Pacific Company to
date. Therefore, any diseuseion of the matter at this tine would
be premature.
The City of San Luis Obispo does not caner with your opinion
that the City should share in the cost or relocating your faeilt-
time on Southern Pacitte Company property.
Very truly Yount
G. MWIZ HAMLIN
City Dngineer
rWpbg
cc tolCity Clerk
City Attorney
a
A
saathet-i Pacific Company
Third and Townsend Streets
San irsneisoo, California
Attentions itr. J. J. Jordan, Supt.
CentlemenI
February 23, 3454
Enclosed herewith are tentative pLne of proposed reconstrn,ction Johnson Arenas
underpsaa, City of Sen Luis Obispo. Tbees plans are only in sv_ffici-�nt detail to
shoe the extent of proposed work am to pormit an appro icwte estimate of quantities.
Crams sections of the proposed work an both railrosa and street are available in m?
office, an.� copies can be supplied to you Al needed.
Ir, the vollowinr, preliminary cost satimate, no estimate of cost :or removing
the iairview overhead is iacl:u:sd. It is assumed that this strxture vill be re-
moved by your company if an agreement is reached with the City whereby this crossing
on be eliminated.
CITY W SAS t.,,Z t 813['C
Jam= Street Underuaas
Preliminary 4timate of uunntities w-.d Cost
1.
Structural 3te61, 180,000rr s 20.18
& 32,400
2.
Structural Concreto, 55o Cu. Yd. a W.00
33,000
3.
RainforeW,, Steel, 60,000d a $0.10
6,000
4.
Painting, LAm Sw
500
5.
SUwture Facavatiw, 600 Cu. Yd. * $4.00
2000
6.
Roadwry &="ation (Street. R. R.), 8,500 Cu. Yd.
e $1.20
10,200
7.
Drain" Culvert, lBe , 241, 500 l.f. 4 �10.00
5,000
B.
iheim" hap, Gasp Sue
1,200
9.
Bass material, 400 Cu. Yd. 4 41,50
600
i
0
10. Favesant, P30 tmo Ai4 a 67.00
U. Seal oust
12. oesolia;, existing bridge* IMp sum
13. Relocate railroad tuck, Lap Sum
14, Relocate aif7r280 Leap Btu
15. Relocate sewer, 300 l.f. 0 85.00
16. Relocate water mein, 300 l.f. 0 A-00
17. Flagging and protaotim
COBSTuiCTTOY IT&MS SUBTOTAL
(Including second trek abutments)
,4uantitisa for second track abutmAntan
Structural coonrste, 165 Cu. Id. €A $60.00
Minforcinr steal, 15s00 lb. d ZO-10
structure exctvatim, 150 Cu. Id. 0 $4.00
Subtotal
Total construction
6103,340
lose second track abutments
Conatruotim cost, participating-rprslo
Inspection @ 8%
9►.107
s 0 10%
Contingons:las • lOf
Conineariartingencies
_=�-p'�76jS
Total participating cost
,
6 1,610
230
1,500
4,500
1,000
I,5a0
1,200
41o3o340
u 9,900
1,500
600
$12,0DO
These figures say$ of course, 6o sub3oct to considerable revision Wien final
detailed plane are completed.
n,5/pbf
to u e very truly,
.0 A,-,
G. lion, R AkmuN
City Tot inner
2
0 0
rebrrAry 73, 1• 54
Southern ''aalfie CONAW
T^1rd and Townsend Streets
Son Fre21011000 CaiSfarn±a
Attni J. J. Jard•n, Superintendent
Nor :tr. Jordan:
i'Ofaeees to ads is or meeting with preeantetdves haw yar om'srw
and ins CalifOlnlO Publie Uttlitia Caedsdon held as Jammy 27, 1.Y54
at our sity hall.
As agreed vixm at Utat time, our city etginser, Mt. Hsmllua Par ,VOpsred
a set O4 tantaWve plans end east Wttestes for US %aW"W in;roeUM"
to the Johnson Street th4eayaee under tha treaks of Your sorwainy (Crosei.Y
a, r 251.7-D).
:°le C:V Utoawita thsa plans tereeiM. It is oar feeling that this
lW vmvnt. Is needed to meet the Sreresea An local traapartatdra needs
of Va olt1. vs, will te" the largo satooig an the Johasoa Street s=de
of " trookw eeepletW Oda year, and a good -sled subtivisim is ss4ected
to he mm,,LW W in nla very new ft hum. While Us sity fools Ust Us
Scuttwn-aaific Comer, aNK" day the entire ant of the prywssd
improvement, es an offer of awgrawin, to avoid litigation surd tie•
etpweme entailed tlersalta, the city offere to ;a.:nae :elf Ua as notaletion
oast of the iaproveed strueftys, eal aive of t .e coat of oaustr+ott ng double
Wear facilities.
This is an offer of oarprwaise enily, and in UA event of 1ltioaLUoa or fornal
hearing, Uo city reserves the right to drand net the ratlaaed pay the+
anti" coat.
At the ;eeaewt tdseS OW new Roam,- is rot Oavlfted and tie LraffiC ;*ttWO
tee not yet setablidied itself. AO soon as t:ts takes plain, the city will
be happy to mart vilk yew oanpaW and discuss tic slasing of certain Crossings
AM is WLter eepeeetMr end a4art free the ;44WMt Prceeading.
'dill you kindly aMM an of yvW aear+su'rrlm iatet an e-on as i risible.
31DOW077 y0aw,
.red ::. :Uoksiz%er
a; or
oo- 4w en c, St♦vwn
Calif. P.v,C.
.,.........rt:L;::o:....,....
Puhlir 112tltf rs (fammtsstan
STATE OF CALIFORNIA
February 9, 1954
w.w.n ALI
„L, 18
.,.... ... IC 58546 ...,.A.a..c. A..Au..
Honorable Fred H. Lucksinger
Mayor of the City of San Luis Obispo
City Hall
San Luis Obispo, California
Deer Mr. Mayorf
This is with reference to the meeting held in the City Hall
on January 27th, attended by yourself, representatives of the City of
San Luis Obispo, Southern Pacific Company and of this Commission for
the puroose of discussing the possible improvements to the Johnson
Street Underpass under the tracks of the Southern Pacific Company
(crossing No. 2�-251.7-8).
It is our understanding that the City of San Luis Obispo
will present to the Southern Pa.olfic Comneny a proposal for widening
and increasing the vertical clearance at this underpass. Am our
representative advised you at the meeting. if the City and Southern
Pacific Company cannot agree as to the apportionment of costs than
the City may come to this Commission by formal application and request
that the Commission set each party's share.
Please do not hesitate to advise us if we can be of any
assistance whatsoever.
fiery truly yours,
Warren K. Brown
Director of 2ransoortation
Y'ITTtItN[x. • •
x lCXxxO [e }.[OT. rN[,.O.YT
„. AA[Y[II
pF[11
N�..• YIRNttI
ce[OiN[
�uhlir 3�iilifirs t�nmmiaeinn
STATE OF CALIFORNIA
February 3. 1954
A[t[n. AL. COMMUNICATION` riu Ne. 103-1K: n[m[mxe
TO Tx. c.YxiumN .N r.A cuco .,our.
I.C. 58546t[
Honorable Fred H. Luckeinger
Mayor of the City of San Lnis Obispo
City Hall
San Luis Obispo. California
Dear Mr. Mayor:
On January 27th a meeting was held in the San Luis Obispo City Hall
attended by yourself, representatives of the City of Sap. Luis Obispo, Southern
Pacific Company and of this Commission. The matter of the protection of the
..O.so.jtreet crossing (Ho. 3-252.1) was discussed. At the meeting it was
ed veloned that this crossing is presently protected by a member of the crew on
switching movements and by the herder on freight trains. No protection is
rendered for through passenger trains which, however, travel at a very low rate
of speed and all stop at the station. The Southern Pacific Company represent-
ative stated that no changes in the manner of protecting this crossing have
been made for a. number of years.
In the past there has been considerable correspondence concerning the
possibility of placing a full time crossing guard at this location. The
Southern Pacific Company has indicated to us, as wall as to the City of San
Luis Cbispo, that it is their contention that my expense incident to a crossing
watchman should be borne in part by the City of San Luis Obispo. Under such
circumstances the only manner in which the Southern Pacific Company might be
forced to put on a watchman is for the City to file a formal complaint after
which the Commtasion would hold a public hearing and apportion the costs between
the railroad and the City on the basis of the facts brought out at the hearing.
We might mention, however, that the crossing protection presently rendered moat
be fairly satisfactory inasmuch as the accident record at this particular
crossing is quite low.
If w, can be of any further assistance in this matter, please de not
hesitate to advise us.
Very truly yours.
Warren R. Brown
Director of Transportation
r.:r .'y, iiitli Sqg=y" a Pacific Corapen] find Publi..Wlj ties 4SFmdssi0o; Q
.f, 1 -5a, 100 PIM
Mayor Prod Ludcainger opened the meeting by pointing out that the 011r has MJOS6d
conewi able growth in the last several yearn wh•.ch hoe increased the local trans,•+ortr�d.dn
r.rapda: ?i *.."' city. In addition two new sCaals ,ill have been developed on thn c;;is'
a`.(ier o. Wle •raio: pass in the very near future„ inalLding the Junior Bigh actnoI-
2k4 Gibson stated the: if the ompayy and tho city would coca to an agreerNnt, they <'.::ald
go ahead wit -trout a hearing by the aonad.salon. If not, a hanl.rg would be needed for the
commission to determine rho need of an imprmred undempaca and the method of coot
distribution.
Mr. whealer stated he had no objection.. to the tentative place from ar. angl.neeri.rg stwd-
point as far as he had gone in his stuxt.
Aseaaitg a tdsl cost of $100, OW Mayor l;ekwdcger asked what the S-P. woi'.d be pre,ered
to do. W* WMeler said this would depa^A an tha benefits to be rsoei:ei by t'?ie rvilr-ad.,
Be statad that the CMnMW was very &odour to close Gets Street. %Mor Uck&inger atatsC•.
he mold rather consider this project on its own merlta.
Mr, mbeen pointed out that the corsdeeion is not neoessaril,T bound by tin beaefita tbwry
in aaeh as" as illustrated by the ;cent Suprece Court decisions against the rallroads..
Mr. Wheeler stated that before the comp,% Y could make any du;?pion he w=ld have to ium
scce mare dstrIled Information an the proposed plans. He adked that 1MV, Rau9.za prepare v
letter, to ir. Jordan, and on IAror Luck-ningsr's question; iAr. Famdixn stated he could Lures
this letter in tso weeks. ^ha coF,4wlq agreed to ova as en amenr two weeks PaYlvotng tha
Us railroad also stated that shay could probably design that part o.s: the structxrre that
M"orte t� ra -Js, asd if a dcubis track were needed, :ur ad�dttsd tlat the =,rt Coot
w all.d paobul.y be cbart,sdle to the compary9
M . Jorden pointed out t:rzc: whsa outorey Street was relicvvri trAMO- ieo by thO openin;
of the freawy the oAegxlel plan was to close the Palm StraeC crossing. Bee oamplind was
ago interested irk closing Higaera, the Fairview overpass and the Fxthww StrvAa , crossing.
Mr. Davis said he would like to have something in the city's let.err .,,o the eP"^.c'L t.he.t ocr
tentative offer of 5D% would be lands on the basis that the matter wo•ild not ta, c -fa tall
in a hsering or omrrt actiun. It was alas ganaa+vly agreed 4 the Council the- ".eying
esaold i:e placed in the letter to the affect that the city wan not inienesteai 1.0 a Z'K,44
s4paration at Buth Street.
!boas preoat;
Jaaee OSbaaay California Public IItilitdas Camamleeiaa;
Mayor Lucksingers Councilmen gale Heck, Paul Zavia,
Dick Gran and FervMth N. Jones;Richard Miller,
George Andes and Bmaer Beath from the
J.J. Jordsn, Supadntendent Coast Division; :. B.LAaealar,
Divistor, SngLnoer; P.M. Duffy, San Luis Obispo train
master; F.B. Peter, Resistant Lnginear and C.S.Me-hoirova,
Public Relation, from the Southern Facifie Ccrena .;
Perwick G. Trsvbrid„m from, the San LiUs )bispo Telsgrss, i'rlhumi
vrark J. Cahsda, citisen.
„�.. >•„�r rGt �:a,txx�r S._s�"f�x.suv.ne�'.�.£,��lw,Jda'v r:yuw;,�'s �:.. c.a euii%�a ,„_.�.�z
January 26, 19N
Honorable Mayor and City Co+mell
San Luis Obispo. Califorcla.
centlemant
The followiuw is a briof report on i,he Johnson. Street undsrps9s project which
will he the uubjoet of tcworrow's &ncusnien with the :ionthwm Pncifie cnvq+ ay
and the 2nblic OUlities Comaission.
This �ting has been called at our e,,gge.•.tion. Aa the "=,-il is aware, t`h "s
project has been wrier ca^ idarmtion for sejc,:.al decades. i low point seem
to haw been renched lrSt July when the city wet with raprwoutatiwse from the
S�ntnern ?ac'.fir. Corpiay and received :o encovr 's an it3 tentatire offsr
to s!'ere the cost of tho structure n a 50-50 basis.
?hen, at the inritatino of Or. 0. R. Mlteholl of the Brotherhood Of LDOCPa iise
Enginsere, a letter was written outlining the city's pos,r.lnr, un this natter
f,r '3i. use at a legislative hearing in Los Angeles. };a ,�.meermd ou: letter
�n Vns .her 14, 1953 and indicated from his convarsatims with repraeectatives
from Va Southern Pscitle Cosg,c:q and tb*i %blie Ctilitia +;msdasirm that VW
cocauv mould go for a SD-50 split on conetraction Owt.
Fmnjn'aasd by this development, the council tmtrncted ,x. Hamlin to work out
A wet estimate in conjunction with the company's engineers. His final figure
vaa b&U,,w $90,000 and S100,0DO.
Attachwcl herwA*- are copies of applicable oorrespwwdv c& for the past 4 or
10 m,ntie ne rw41 m a copy of the recant Geatern city article on sharing of
_�rsda ssparsticn Crete.
Respectfully subaitted,
—•(ice R„^e�.`i'`?r'.�,.
Richard D. Miller
i"cutiwe Secretary io
City Council
U. & MR..&A CWRY BL'.GtIM MXD IMM W—PARATICa CWM WST M
By moo' Amcba%O
City Attorney, Zoe Angeles
The Supreme Court or the United States, in the recent comes ar Atchison, Top,**
and Santa Pe Rd1way Co. v. 4ubllc Utilities Caud.aion, and SeAt?.ena Pearflc Cogpwy
v. Aitlic Utilities Covdmalon, at al., has reaffiroad the obligrti.osa of thA Railwgy
CAnVandet where grade sava atlons are required by tho public safety, coovedl"ne ?aid
sec city, becauas of the growth and development of the Co6=lty. These caooa are of
groat Importance to all citiea, :uA firmly establish %hat the hiaW,-jlle case (tear"nvill
C. & st, L.a. v. taaltar, 294 U.S. 305) 79 L.Sd. 9W) did not relieve railways frc:a
thad.r ob7.igatiom with reapact to ouch grade aoparatloms.
Tka Santa Pe Caw iavelves tbs tow azIffu4p nndaxpaa�as on 5na: Naauuatan %bev.er-
ia the city of iou Angeles. ?heed urA pawns whiah are, only 20 fact r.n ^rs,d"ar ro;m2.t
extrrw& Udaariw and strict bottlommkw iri tbst Va*dnBton P.>vlovard is gm;-azatl,
feet ride.
The souUmurn fteific caw imrolvas the grade nrou3irg on Los rtuz Eon-.*. ward nA
the S"VINTn Pauttic Maudslo Sttdau Tends erosedr„ is uskadly io the c, .d of
Clandsla, but in just at ttio boundary of the City of Lot Argsi.es, and, tbsr-zi'azy a.
Portion of the undospmsa, whoa eonstrvotedo 1121 be in Los Angel"
The Santa Ye case had its InoVtim on Jima lien► J$b% wbna the City of Los Angale.
tiled an appliowtioo with the Califorals Public Utilitisa CmvwLwdsa for an order
arthorlalag mod roTdrim the radaalag, i:uoreacing the vertleai elouwn"'. x-.d4 llu r qi .,
the sasating grade separations, designating ttr roots to be dome reopeatIvel, b� tb
city end by the Sesta Pea and allocating the meats thereof. This was dour +fret nrfw
of the City is ismhcoe tlu &ants gr w velantddly pq a pmtiicp of ten coat bad fallled
the Santo To baring Claimed that St weld rea+ive no bawdit from a sidmiag of the
undnVammak
A4dad Costs Raq'aeshed
artaedve usaringa were held before tlw Santo hsblIr. Utilities Coulasian and remaL
evl&nce laomented by the Santa Po and ty the city.
Tlaeagbeat the antirs proceedings, the City of Los Angeles moin',alned the poettlos
that is oasts AMA, bWRWW o! tAa grcath and development of the oaaa>ad.ty, a ZMo%
Onwrstim imolvigg a ctty chest is required In the interests of safety, CnewMf. r
and neeeaedty, the prays, Dads as euoett4Da aapaw. is to raquiw she dt,' to
%bt dip etree% in the waaamp pespwad, if then were no railtgq trsekef n e to
the td11RW to pq the Addittearl cost fwarltiag ffvo and nsdereitacad by t-Ae p*e%am
of the reilwmT tcaaka. Ths latish Mvoaatmd by the City of Lee AOgalav was m erted
by otbor oitiea.
Tts soma TO th mugtwat tba satire puviceedlinga took tDs Dust tsar tbat a raitweg
should Gsly be rwpsired to pp is prvpoxtion to the direct LtieoAlAl bemsate whiel t=h�
railwq received from the grada vepaatson, Claiming: in effect, that it sae %%der era
01tlUstim to provide grads separations. In a Wt of this podtion the Sera !Yen
ts,, relied besoa the ab-oatled gashmiae ow (see 9aahvi11e C. & at'. L. R. v. salter
2% U.S. WSJ T9 L. Ad. 90). This case, tba Sent& Ve eonimmded, bid sstabud" tAa
Inv to be that be" a VOI)AW Compaq own be sogdred to wmxgybu;;a to Ge **at of m
grain amparfitien, it WAS neoesra7 to pen that the twilwmy would r-eeire 04aW.Al.
oenr fit* and thae tbs emeaak whisk the rdlry eobld be required to pqv wan only t:s
smornt of the tirmnoial bewefits -Mob the Mummy reedvad. The city disputed this
inta:getntiau or the BadmWe rasa Od wpm %but Wo allipftotk of a Tailany, to pi
far or aentedbato toward the root at a grads separsticae, necausitated by
and dlraslopaeat of the raxwotty, and relwdrved for trap public wd* y, ennvouAmoe „rr,
4a was not affected or modillad by the Seabwdlle card.
•;frlarLty Tbeeey Offeaad
In Ito dvoislat the Ca111brrda Public Uti]itiea Caad.ealan bad that it 1w sot:
board by the so-oslled +hehot V +heavy and ordered the Railroad Omwaar two m % tar
*act of tho cost of the Uv bridgea and the Yeetginicg and ,dreg walla emab tbA
Cteaeal.saiaa foaad acwauited to a total, of MOM
�y��� �iifBfyZ41road/ Competjy�n deyi paUtion Aw a i71t4her re-h0.'ClM P'y c= the
FdbU* Utilities DaaadsdaN W}♦µ wad dalded. rt Wan applied to the uopraat tfrl by
Of the Stets of Califoaofa far a Slit of Swiss which ace Utmiae dw a+. '°rya Cit
of Los 'taWSLar of aoumae, opposed the appiloatdon for further rttmrit% by tar '.Nara
Omadmion, and the grmr dmg of the grit of Raviev by tbo ftp ma C, sod:. 'fNnmaktas•,
Us Railroad CompmW rg4maled to the Ubited 3tdes 8oprw.s Court.
The clatter vat argued before the 9aprmw Ctmrt of the Opted ststnaa an 5&4b;w 14
TM Santa Pb agatws argead tar ao-eallad ahanaiite taoory nowln ContenA g that iL
ouald be rammed to pay toward the cart of a %rode seperatson array to 'era Welt tact
it reaaived a dtivot 19nw An' to-mefit and that to rsgniie it to pq maze would be an
uarcusLiWtiawl taking of propet'ty attd would constitute an cadge burden on laterstate
a0lrePpa.
Ttr city of Tod A%ples argued that wtrrdea the oeliforcia lwr the State Yrulic
Oti]itias Camdaei on bad the emrlaldve Medici om to auAesto oosta, that the Pi Uo
OULltriss Coudasiau oaald bate ralgdt the Samba pe to pey tar autim coat of t.hv
graft sepo]ations, as it was the growth mvA development of the oitr that .dam the
Improvements a000way In the inter"% of pnblia safety and oca aniano.. The 4118
father argued that as the aaats 1% eva]d Pave boo required to pq the fnll oost, as
ceder Requiring it to per oaly ano4 alf of the cost was ohAeua y nat smonstitmtional.
The War Mlle sera ties dLeting iyind on tar faeta, inoludIng the feat that this gc'sie
Separation tbtraaed a not may. belaMss of the growth and,dvfagP" of tla
aa�i� tbt� � to
ralI us usul ad
the 34mone Ooarb of t1m MAted Cte: ^ on aacvwbw 9, 1953,, noma.mrMly aXVirmed
the mdar of the State % Uc IItdlitism Caeatxedoo.. Sa ice deTLalm, the Untted etauh.
'dpmva Caart etstoda
*Their, (the railroad's) pr1mapal bwtenilou is tnat the coat of the
improvsgsot waev be tastribated only ao the Uds of the oa»eats
iddah AU w=,tw to taedr property.
win Ltd.s oantentioa we drink the epre12a1ta are in er:•or. ':awao >ery
not icwprovamanto wboae purpow and and result it to cnha•.,ioe tAr vwluv
of the propartar involved iti reaaua of the added facilitdss, such as
street, owa or ewelm 6s prrrjeots, whom the costs asesrned w.4t bwr
*mme rslatiamahip to the benaflu received (olt4ng cause).
anathm , in the cares s: bard The SrOrGvemnRe sera inMtnted by
the StatA or its watrdivision, to seat local transpertatdon needr
and fbrrthor ratdl�- &Ad convenience made neea.ae'y by the z`=td
growth of tba c'QW-InItdam. In such cirmostanoea this coat has
earaist=VVheld "het in the murrain of poll," ,"aria, tw oast
of mach imp-o v=1,j ap be allocated to all of tAa rdiroaJia.
(Cittag oaeec) mars is the proper liadtatdon tbat soon el'.a-
esffion of toew O.at be fair snd reasonable (citing came) nds
Was the standard applied by the Coslsaioo. Zt was not :un
"bcUWy worciao of pam r by the Cawd4dAn to refsea to allo-
cats costo on the basis of benefits alone. The railroad tracan
are in the s".rsets not so a nenttar of right bat by peuaai�edan rasa
the Stat:o or its subdivisions. The poammoa of them traeka in
ithe streets craws the bcr&jr. of coactroow- g grade sapsmtaaos
In tbs interest of pub sic safety and coovea meu.
Iffimlog Wvu&t abut the proble% the ratl.rads am in no position
to complain b3"uTs +macs otna'e in the coat of alleviating it is
not basod model,, on the special banaftto oocrota6 to the fro,, tbo
imp wnta,a
The Court Purther aatdr
*It Is ant contended that allocation of genre o4vrstim omw
against the railroads in excess of bousfita received conrittute
an w w burden on interstate oamaxu, We hove daatdad that
thmWe is no sharing that tba orders here "Mar attseL was
arbitreay or sureaaormhle. Cartataiy, if the Commission boa the
right to ender tboce ir}soveeonta and has not, in allevsting the
costa, acted so srbitrarily w t0 daprlve the railroas of this
p:opsr W Without Ana prooses of levy the fact that he improwvoaots
mq SVGeef-z a with ie L4WTtcte oonsaee Ie imideatal.. Are core
mtrwtion and use of pohlic streets Ja a matter peso iarly of local
*=cam and groat lass," is allowed local autboritiso nAav thwv
Is no conflicting fedarl regulation, even tbak4b interstate aoeearve
be 5ab3e0t to material iatarfarance. fciting oases) do conflict
tdth fedwal regulation to involved hers. (citing cars).
"Aban the appellants resat on tho etrasta in question they accused the
bardan of sharing a: a fair aid rmasonabls basis the costs at W
ehanges for the ranson of public sSaty and oarveni.oaee cede aeoopatry
bay the grath of the occounitles. To weep is intastato omesres
the railroad most got on to the lmd and to gel an to it east comply
with the conii.ticns Imposed by the Mate for tea safety of its
cttisens. (alting arias). a
The other nee board by the 8aprse Court of the United State*, at the ors trims,
and decided in the same decision. Involved the pnopoaed grade ssperation an Los Pclis
.ear the allndaU Southorn Pacific 3tatioc. To that case, Aim Scuttern Paei.fic 1lkeai4
contended for the so, -called "benafi „n thsvaa9. Under this thaary toe Scuthoom Pwifie
detan+slned that of a tatel esbiLarab cost of t1AM250, It swLW pony only 0118,3W.
That application had ".isen filed by the City of Glendale. through Jobn Lawton,
Aeaistoot City Attorneys on May 7, 1,551, and was loinsd in by the city of Ids JbWlssk.
InolioVfseg the SMZ& Po biaeldngtoa Boalffwwd coca, the CowissLm ordered the Southern
Pacific to p0 oar -half of the alleosblo snots.
Wails the Southern Faclac too Felis care involved an aristing grads cromdxi-,
cad the Scuts Fe Dmil.evald cars Involved the xLdwdmg aid iaprovlmg a ads"t,t
Pv(% xpanticns, the Oydtod States 9spexee Court held that trio a .., li g_a_
Principles appt.io4 and accorawly,- tiro Celito da Puhlto Utilities Cmcdcv;,x
order in the Lois Fslis case uae likmdee morlmomi y *MT*dn
It shm" be nwtScned that MdeZ 4tatiee Earl W=Tm took no part in the
camp, probe lr haaaaoas of Me Zmdlimity dth legielatice In shich the r Uv2,, a
wmght to incorporate the 'Loo& to ttMm`.I in the lac of Calttoro'.a. That
legirlatian paooad tho Lagialeturt but was pocket votead x;xan Earl '� en wer, e�
(jower w Of Celi2avla.
Pmr JMZTM COMamcz
Suts of CelsfoaTia
Dsoaaw A 1953
PiL ib, 783.1iC
tionWabld Fled B. L—Andtog�r
NOW of the City of Ssm L�v:a 4Msoe
city Halt
San L do Md& , CalSibrai.�
Dsx Ar. Nlgrort
We mivh U ae3aa> &*dga ;wr latt r of Dsssabor *, 1953
In rsgsM to ytr_r ya Wwal tlat an Imfor ml meting of City.
Seethe; -a Pa&W OoupW and Oovaimuoa v4pieautaUves ba
had in the seer fulive regardim a plaq to increase the
eapaelty of tea dawson Strsot unear 6, amwimg Ho. 1-451.
73 in Sim told Oh9.4,pa.
lfa, Coad.ssiants ataff applaafateS the Opporttnaity t� be
of aseAm .4m by sobetbllsg and attending with a aaetia3, tt
the SUM% ve ate ntggosilag tbat dtbae JMUa 1L ar Jeuau.ary a
be the tentative date for this swung. Bmwrara wo shall again
aontast you in the VW now futtso far the purpoes of Setting
she final data and um for all interested parties tN aanTwo
at yaw sty Hall, 990 Palm Street, so you Inn snggeatad,
YOU* rasa truly,
Kaaren a. Brow
Dirsetar a., U%moportamm
IAiomedwr �:, ;.9�?
W. Warren g Hrewi
Director of TranapoltsUm
Niblie otaltloe oaomisadcm
OmlifernL sate kdlft
Son yremdsoo 2, Califatvi&
Dew A'. Broimm
TT>ank you for your ant letter of Decamier lie 195; is regard to the
damson Street un&erpose croasiag.
Sftt . aim a ily 2, 29$3 rooting Tdth J.J.:ordm .ari the ather Osqu47
officials, it was tbn .feeling of our grasp that very little We
acoumplishad due .r the .fact that the rc''Aimed Would not commit it"Jalf
in troy 'W, apparently bacamas of the came then pmmumg in the 0,5,
Suprenp Court am to sb Mmtrlbatlon 4S e*Omtmuti@i coats an edmilw
Avjecta.
The 033y Council foals that bommm of thm growth erai devaopmnt of
Me oowjcalg: au wjwWA .-.Vbrpa" straoture is ToodBd at tbP
Johmmm Mrgot lucation in do intsresto of safety, oonvemioane and
nsaeadLty. We eomld jibs Very each to have yen schedule ee lnfemeal
mostdmg to be attended by rapxeew.tativss at the commiemiory the►
city and the Southwa Yacille Ceeperp to dlscnes the matter further.
We htw no parsamal objeottou to an open mating with reprementstiom
fram the baotbmaiTaods, but it is our impression that this typo of
mewttng seem* to upset tee oaxpoW reprementetives, andd wp_ reel that
the antapnLLmm aroused might Taiiitsto agalmot tto project..
If possible, ve would llie to ImM the meeting at cor city hall,
M Pals Street. aimee oar engineer is veering with the company
arkilnews, wen feel that a meeting at the eta is oavoeeaty, at
last for thi Use being.
Order separate *over we are reAving tc that portgon of wur jotter
whiob perP.airm to the Oeme Street ovessing.
tiS—wvay y*nra,
M d IL PAok$1gmr
r1r,sral
M. Warren z, iD am
Mrsotor of Transportation
pub]io Uti.71tiox Cumldaadan
Cawood& State MIding
San yrenaisco 2, Caillarnla
Doan me. Btorria
26 a sill ampplma t mir c Lber '�ke�ttar of thi a bete in rsplg 0 m
Q�Dasher aCatiom a: 17, Is53.
In ragged to tho Coon Ant crossing, ale feel the:: adr4neta
pavAovd= 1s n mrnmity wd that any expense m^ta lad mast +oolong
to the Uoatbt= Pae%fl0 C90"W Wh are mwcting tba 1paard.. hFe
urdwstand this is a ooxmon prw4Ace in oUar nitics.
Iow letter vas :gad tte other evesfinr, and "rious union
reprooml t, van took mxeaptlon to the statemmt of t.hm aouthaxn
P-alflo Company as quoted b9 you to the effect f.bmt the or mdm to
rim ptotec—od bf the 7a dmem. It was Stair cmtwtion thmt, whklJ
thie vas Slue In the part, the yardman van ]aid turf ame tbrm or•
four weeks ago. ffixe thA tdea, there have boon amml We or
+acciamate, socovdim to thdz matemente.
We fait that you should know about this ropoaYed a::n:• m ir. `=•��ced.,tr, ..
SlneernSy .-'area
DAed H. lad adager
NOW
2�HLaidot
PUBL:C CRSLITM9 COVUSI69
State of Califbsuta
wooldler 17,1953
8mus able Fred IL
FArjr of the City of am Isis Ohlapo
Ctt, bell
Sm lads Obispe, cal.itorsia
Derr Ike *q*N
Shie is with respect to the aattor of the Jotxmm Strwt
Underpass Csumtng 1*, L451.73 in arc Lain Obispo, ardor tPa
taWohs of tba Soutborn Paeine ca"W.
of undtrst nd that the city is destzwe of nweing tbl;.
umdatpaes widened sad homed to proaid• eta,shrd Clsvwwow.
► nesting was bald between represoutsuves of the Somtdrea?t Fx4. r.
CospwW +Rd the City of San Ldo Obispo on Af.,r 1, 1953, +ac —
would like to 411<tidm as to the progress tt:at San Jaen 3A& tlm r.
wriYias at a myAs:aotary solution of Wds problaw
If yea feel that a parsmra rill from cm of our rsproea+ta ivu:
to Sao, Lrds Obispo ward be of my modstaome or that perLepa a
meatilm mould be wbodnled beiweun Clty repreumrtativas end tBoac
of the railrosi, planes advise, and we will be ylad to eeslaU
As you =W recall, ftpiweeRtattvse of tbn MY Of Sm Lis
Obispo se wall as certain citisons haws'requrted is the Pest that
a full tdam worming watcbum be mantaiaed at US ONO atrat
raosdng in San Lis CbI Ps. We Bees diseased this matter at
eona.deraRte lsrgth with Soethum Paoitic CwgoatA and it is &hair
tefted b7 the yard man OrA that
should ova a napan I... se1enev se�iry they feel that the City X A
the railroad eaepoM dwwld both Weft in the Cost of matatairGng the
prvtectiaa, thslsr these Circumstances; if the City of San Luis u*impn
still, feels that the WOVALag wetabom is neoerto=7 it to saggeatad
that the matter be btoagbt to the attention of the &�daa n for4c'1„!-
b9 fiulg a fanul. aaopletmt Wads! Us roles of yrooedurs of till e
Coaadsmim. Qw a dtar would then be set down for public
w1dah the Commission scold be in a position to mtor as ceder„ N.1wX
Upon the o4awas pfesertad,
Imam Very 4ai,7,
Yaerea F atom
Director of 7temsportntim
� r
fea�sabm' 11, iSri9
Sonerable Naas and City Coomof-ta
Itq=t an afecussdm with Mvision Enjimaer> J. S. Whr..eler,
in regard to Reconstruction of Johnson Ai, —Imo Vrdr^% ".,
air. 4beelar stated Chet ay praposel to eonsinxc"- 14.z new Armtum a:,
the sxtsnaion of the we&U mod n do appeared to be sounA4 iL120, the reilnaad
Would probarly want abutments aor:atruated for a ran bridge or, the edsV"9
aLigueent for future double track. Tbeg Mold deiinitel; not sbardon the
aarlsting romoted..
Three aedstin,4 tind^.rpasees ware considered in chookI r V ,cot eatimte
of 9100,=. Ths our��Jr�al.t�.�/r,ailroad atMeture for Sam Lv'a Obia..pto� freeway will
coat appzaQLutaly $<W,OW. Otw propowe etructLre .dil. be e1rK[ tawok and
half the langth. Thia aoaperlrm indicated 3100e000 as aafe.
The Spence Underram reprementa a good oomparfsoa as to etzs and se m"-'
mLelarity. In 1930, the total ooat of bridge nerd abutments won $2?, 57.t, arc
roadvar and drainage $23,3(7/ for a total of $52,878. �d1th todgy's coats rs. r2y
double, toe S100., �= fi;, fie sm s "
Sdmn,ed undarpaee, a tao-track struetmw hui.lt in 1936, with 201f span,
coat $64,727 for srparst ortuue Wad ire, not mmuin8 rambW and
dsainegs work.
`V. Whselar dieacammd the poeaibdlity of closing Pabu Street, M,.varz
8,_rsv,6 raise Avanuc, and 06os Street. Tbeme are refe man to ;m the
Public Ut111tias Caosdaaion'e sorpW and report of 1950.
Mr. J.J. Jordan antased the disocssfou and agreed taativaly to at,
proposed location. Seth Ar. ldroldr and Mr. Jordan eRhawtsed ia,s fac : i.ts t
there slat be betterRent to the railroad to ?idly Vw1r parbLav 1111. says
that the clodng of Oma Street would be a prime facto' In Just: xg-Ik tF-z.
participation.
The nett step rill be for Ip office to prepare a teatatdve map dJAZ,z*
proposed vm conatrnctiom in sutficlant detail for snDdedon to tbs 30vit-mar
Peeific ftWd y for their official approval. 1L the arse tf;A, we would mrbait
our tentative eetlmative *oat. m raeeipt of the Southern taeifle cv pomto
official approval of orr plan and their agreement as to the Probable tsisl C400%
we ahm44 as the mast atop, a"wW for a diseemloa AW to division of oust
batweel ourselves and the Coop=W. I sand racca e-A that,
oveay Wart be made
to rvr:'iCh a artaally a ti. efaatory agromaot ]dtb tho Cogmyv beihre rozoesting
the Patu,ic Ueilitl or Ceutesion to enter the disoussiena. It we am work this
division oat boovm crrselvos, th+ ;,"JecL wilt b« axpudited consid:.rably. :va
Etas otter hanwL if m eatiefactorp er_niagsaardc can be aF;reet% Lq�on s1r1 it bece,ass
nac.,reWy to foroa the lase by Hling a oompaint with t1» Public Utilities
.owl,cion, the project rill mdoobtadly be dolayad by saverat yeas6
th meat tone the fact that, t1a Smthem Pacific 0owpep Will take A firm
po.dticn out the matter of bemeMts to the Cmpay sa a Condition of tbedr
participstion is tar prWeoty mad we abeold, tharatoew be giving 001MA4619bls
thm%bt ao to that aontsaadaass it &We Ye lilt) will pumpm'etl to mks !a
acder to get t" falisst paatialmdan tra Un reu oal, Wo aws
tuetber keep in aiad the poeoitcMW that the Pablio Utilities tw los
position an diviAm of cost eill be based strictly on At malydo of twk3"..t •
to the Cats awd the reilroM&
Fa -Am-pool, we most be folly Mue of the poeaitte fiaMvist ohiiZIWt r:
that ys adll somms In the evm+ that the 1'.)We UUUtise CMINISaian'e
tindlop rogpirs mane t, m %% petMeipat.im on Ws pact of the 6tity,
aeapea UW-14 eubas. Od,
mmotas of rahlio Works
seY. �: lasa
lap twaan Talbot
1551 Pals Street
San Isle moo, cause ahe
Dom 7lr. ftuots
Thank ]m for Ym' latter of Swv* or 25, 1953. • to�sii' e
letter to as th*i agvMa for the awt re;uler maotiag 01� tUa
oocaail on Daco3ba¢ 7, 195U MM04 it •ae reodtaefl of -s th *
last 36ow g it wag not, poneiyla to tab aw ae'Lion 1d%Tm:t
fitat aonoultirg Chu council.
U you can naGe it We voc;.d like to haw pas pr""4t at 010
aretira at L'3cer osr 1, sod ve +snt rm to Smm tact M
apptvedata tha nark the brott ood is doing m 41ia cat+W--
aaLgoelr VOWS,
rred 8. t&ok4r'& 'r
Uoeemar 25V-* 195"
Ms"r 7red ll. LaaL'�dteAer'
city eau
srn Lore ouvor Catit.
Hod' Naar iad dUeon
I ,,Ww a coff of letter sent to you dated Wove'l.kW4 7
froi *. C.B. Ct Rha71 oonoermdsi the c•aa" hall In Lot 6 Lub
OatobW 28tb.
W lotter ct ftM*er 3O IM to the 'a" N.W. btevetn thm
the mmdmr ,.n or the I@.slattvn board of tin Btrottw%0Od of LocOwavv
hiR,ilMeC'8 i$ JW rewmA •Mader% eP Lt M3-4*1G �'; wT6z:.
ohioh eao�tadn'::ras oaae04 t D& Idtr masojiV p.d not :<s
trt oamr thi$ C97�114 t bid tom O � We coma' a:n:
Jokm$toa F.7o. caurDsor. �
bas bete diverted to Jobnwn Avs miorpasi.
In 1ffi. lStoka111ottas i, vs,"sago at'tioa hea been taa+•n, arsi
at this time it sews to be up to the City OPfieielt to start tits
kroJoet a. I*a My to ecuplottao.
ftmvw-- after a ma$wahle tim has lq?mdl aM I "a ooe that
no metton has token Plops m the Pa't of tw City OfYiefalee I Intetd
to rile a coa;aslat loth the PWMU Utium" CesdseiDO is regal$
to the Jdz wn ivo. teaderpae$.
A$ yW Y W that this uade'tpom being mb-o a w-w%uer
and I behave the lee reads that etp uadetpass tsst bo at loam
l k fwt ld&b sod 25 foci e18e•
Oat in the Jotoom lve. distslat there Se a kaxabe:' oY f.naiiiRv
"Lich as tacit rayoM that belong to the Hrotherbood of ioca'a+^.0 Ts
WCLuoeft, and VW test heat CM$ Death ft%V ohould be Corr uya
at orme.
I have at row oeot, aaatl3rR epee notion Mill be startod to +tip
avav vi'2.h trio cadltton.
Cali.forida Sta» Loglslative &oexd
Novasher 1F,F:.h�9
Mayor Fred S. Luakcd agar
City "on
City of Sea Luis Ob'.spo, CaW.
Dear Mayyw Lacksiagars
I wish to acknowledge your letter of Oct.., 15,re'srdtng
the improvam"t of the *Johnson krARIT.aes•.
Since reecniving your letter I have talkod to kr. IwIter.
Little, reproacatd-v! tho Southern Ncifto rail road, week Jars
nihaon of the N.blis Iftilitauu Caaeixions. All are in agreement
for the need of ':kus Impruvea.,mte and willing to lend their
support to yo::, .oevple in soousdtrg tbia benefit.
I hwgt b,ui ae'vierA the Southern P"na �uld gn far a
50-50 split on co astrvatlon cost. There remains may air obstacle,
and that the futmta o. Own :AvO » OW Orgenisattm fesla that
year no%& Would be aarsw9 utter in a emergency, or ftsaster by
having ono »dery nnaerpass that omld be dopended up*4 with 01M
street ^lewd fAmm run the risk of dsmsga to the Und"", and
hwvIag tc depend ant4ave2tng elms the trata yards, suob as Dew
9treai dose at pmamt time,
I feel aura Mr. Olbwm of the Coaadedon, %M be able to
aadt you in this undatddrg, sod alwags raeshar the lamomaLivt
blglmeera sell be glad to raoim aeaistanse when called noes.
With best 0,21*e, I iwcwdn,
L.i'oc�-aty years,
kG.talwal
wv;-- Z.:albo%,lSS PT.):a Xp
October 15o M.3
W. (I.s. Httabell
mwxmm, Stria Leglga&tivo 'Gamut
L@.Vthtergaod of Troonative &IOLmera
816 San Atammdo b^3.7
Lra Angeles 23, C&UZOMW
Dow 1tr. idtchalla
The f4w mi+za is a 9Wtemsnt of poling 1.4 raapc—,— ' to foam ve<Ue1
rgw,r t of aavore- alas,. awv Sat our Ceenoi'+. 10x00'3t4 sxh en
aapresait)n of gpd:&m. fcc Vmcdhle Asa by Sou at. the Pcihlic
Ctilitiea i :Sacd basriag on Omtebor 26s 19516
AY the pr000nt true: the Cceured-i, foals that a most srgsnt rm4
ordeta for iar,rr,'TA cut of Um w-ujjrQs%s located at the end of
Saws, Kbien is moebody eal.33 Lhe arobbaon UrABe Tasa*. AS yan
icvhc, ti ra is wive r a ev4aw t+sigiA olgsrm s: Aar a vlw4wd
xldtit roadmy ?asdW tmdoreoath tb6 is3.iroad UteNe, 9dm
rmrr.maw a, ariAw" hvAm to rail and autamseve traffic mike.
in tt* I=vtc9.ate past, t" Pro}act has r,rit gone wpo:.d g fm 01&.
eue¢ton steCO, iwt the cdty vos;d definitaiy ltbx to Be,! pla;w
and cost O&Limtes started. The city has azterik>d ar blf" vam1
wrbzt faaler to Ssnumn pmlfie G:mpow of£ic,--.a m Che hale
or a 50~$0 split on the ooseructiaa coat. Vc zvWvad little
swot agemaant from the ooaprw or am OMMULtc-rhat crm Aq or tha
OU'W.
I?n tho rstlrosd's spggeat7.ob that the Oam Stxrmt eroetdnq ba aloaed,
ee seem naoocattttal anti" scab tim as ea scald dstnrwr:m the acntlnn*
of local residents in thwt was ®d also oar eivii defense and dime'."
needs.
Yha Cormail argaa your mWport in its behaU and will be glad to aeet
rdth you prior to the beari'19 if reosveari to disown the wetter
ft ,thw. ➢ra will bo in ob rranciew oaiobae' 10-22, but other than
that, we rill bo at yarn' service, hero in San Luis Obispo.
Sincerely yours,
Fred LL 7areic �r4zr.r
L NWC of C.ai.it. c1 Li.ea
L
a
PM. 7"al Talbot,. 155r1 rsiu,
Jere 2, 195.4
Mr. J.J. Jara.m, &@a intammt
3mumn r.eane company
3hdld & lbaQsaud streets
Son yrmacieae, calMraLa
War M. Jardano
on ra l9, 1953, arm aiosm of tie state u"Luties OMOLAW .mo
nrute m in resod to the Owns Street troealae and also
ftmuseed the widening of the ,mdmW" as Johnam Avaam.
so indicated that aa' pomitlto In regard to the latter
pvajoat was beam forwarded to you with the aaggestin,
that parr rapresenbailvas contact m for the �tvr of
unswaatlrg too oddewng of the Johoam Aeana rip pae0,
If you ocmpaW is willing to dieems Vda natter at the
pramt ties the City row-clIA211 be eoet happy to epee
dimmimiomwith you if y m All indicate a saVaot;aa ti ar
and plea.
sincerely Tow%
Rod IL Lmkainger
?UK= MUMS OOI &MM
State of California
ma lea 3M
File No.!83-,:0
Aonorablo Tiaotdr I. Oraadllyv Myna
City of San Inds Obdapo
California
Dar Mr. Mgon
This is in summer to your latter of March 11e 1953, soncoraing 44`&
matter of the possible grids separation of Ruth Street in tba rioi.-dty
of Dow Street with the trmob of the Southern Pellic asIlroad Caepety
in the City of San We Map.
We note from rour letter that the City Council of the City of San
We Obispo does not wish to participate In the proposed gradn Separation
In the vicinity of Oeoe 6tremts but that the City Ss interested in vidar W,
the andergess at Johnawar Avemr and wdebss to discuss weys and moo or
finansing smoa a aidvmlaj. Your position vitb respect to thLs matter is
being formatted to the aootbesn Paaife Coapa;sy with the soSgeotioa :out
their reproeentatives omtast you .fur the purpose of mebotdating foe
addwdng of the Johnson Avenue u niarpess.
We also note that the City famU that the Southern PS¢Lfic Compsgy
should continue to !crap the 00" Street creasing clear of standing railr-n„d
oars a proper distance back trap the crossing on both sides. Please be
advised that the Southarn Pacific COgMW has informed us that tun crave !Ave
been issued Instructions that cars shall not be stored ud.t'dn 1001 of the
creaming. Ourtati chwnges in air lines end other facilitiva in the vicinity c.'.
the Osea Street orcasiug rue been soda so that this ;AOe alearseaa may be
observed at all ties.
if at any tier in the iutare you notice case atorad leaa than LAI
Savo the crossing, please bring it to our attentAon.
Ve note that the City Camcll of the City of San We Obispo foals
that adequate prakeat3on at owe Stawast coming can be obtained only by
the pladug of a full ter crossing gonad at the eroud,ng at the it fermis
that mW expense entailed oust be rat by the Southern PsoMe Csmpsry. Ve
am trmnamdtting this natter for further disovasicn with the Soathmv
Peattla Company. It should be pointed out, however, that if the Southern
Pacific Compaq does not agree to placing the watchman at this creasisg,
the only manner is which they can be forced to do so Is to hold a Fub11a
baring on the matter attar which the Camadesion will be in a position to
d.eaua an ordbr and apportion the cost between the railroad aid the &ty,
on facts brought, out at the hearine.
Teary truly yaws,
Warren B. Bryn
Director of DrenaportatLen
Sarah li, 3953
icemen X. Broom. Dimetor of trawpor%atioc
9uhl t Wlitiae Cmraiveim
State of Cawarmla
State suildtag
Ban Trandmoo 2, California
Dent )*. Aroent
we bays you letter of March �, forw rdQ g the prapaed plan for
. eugggeted grade saparatLm about whore Rush Street intoreeete the
9o+lthnn padfia Rdlaoad drools in the Cite of San Loin oblapo.
The uty Covooil at tJs 01ty of San Lnie MAA" hag Concluded
that it hoe ao interest in and lase not want to partleipate is the
proposed grade aprmatica. This aonclueim 1s baser° in large A%&mew
upon the Camail's tooling that a grade ssp.ra6lcu at the point
inmcated mould serve ww"rul purpose. "a mty Ig, hewrs+-<r, interur-m
in wid.eiag tue ;mdrapamo to Jdmm Awam and a 4nde reap nrul d.21i ;
to meet Idu% the Saatberu Pacific 0awwv or the 3 Wwv Eb-Lutles
Comwisedaan oa both, to diseome We and memo of tlaAncIng such a
iddeatng. Ste Qltr foals that aW money spent for 6;ads espamtinn try
the City would verve tan hest interest of the City and Vw Bmlkroad
it spent at Jobrom Awanue.
Reference to cede to the conditions preIM1.1ing .t Us Osos Otrwt
croaedsg. The City foals that the Southern Asitst Carpvap ahoad
couUmee to beep the emssiag ales' by parting track stored rafting
stook a proper distance back has the aswssing on both dice*.
The City. Coecoll of the Mtr of esa Ldg ublopo feels that
adequete prvtection of Bald erosafn2 ear only be a000splished by
placing a fOU tine cramming ,Wu, Z at add croseing. It foals that
any expense entailed most belong to the Soutintn Paelfie Compaq.
407 tru7y'aere,
T&MIAW L olumnly
Amor
COYYI[[IOM[[[
[„MITCXRL
v[[X[ \[OOOIM[
.Ao I.. L mYYuxiuTlex\
0 0 0
rilhlir Bfilitiro Tommissisil
STATE OF CALIFORNIA
JANUARY 8. 1954
..Le Xa 183-40 uuro[m. nnoalamwa
..x r[.xa\ce a, au..
Honorable Trod H. Lucksinger
Mayor of the City of San Luis Obispo
City Hall
San Luis Obispo. California
Dear Mr. Mayor.
This is with further reference to our letter of December 30.
1933. which was in answer to yours of December 24th aad concerned the
matter of the Johnson Street underpass in San Luis Obispo, which
structure is under the tracks of the Southern Pacific Company, crossing
No. E-251.7-3.
We have discussed the matter of a meeting in San Luis Obispo
and would like to suggest the date of Wednesday, January 27th, at
1130 p.m, in the City Hall in San Luis Obispo if such date is agreeable
with you. It is our understanding that this meeting will be attended
by representatives of the City of San Luis Obispo, Southern Pacific
Company and this Commission for the purpose of discussing plans for
widening and otherwise improving the Johnson Street underpass. The
matter of the Oats Street crossing can be discussed at the same time.
Please advise us if January 27th 1s agreeable.
Very truly yo•�rs,
Marren S. Brown
Director of Transportation
eat Mr. H. Z. Hallavell
General Manager
Southern Pacific Company
65 Market Street
San Pranclsco, California
I
.T.....,o..T
...........
jJublir 11filifirB TommhiBion
STATE OF CALIFORNIA
December 30, 1953
o 1.1.`co......N.,o.. 183-40 $AN.,.,CP.Co. CAL,..
Honorable Fred H. Lucksinger
Mayor of the City of San Luis Obispo
City Hall
San Luis Obispo, California
Dear Mr. Mayor:
':7e wish to acknowledge your letter of December 24,
1953 in regard to your proposal that an informal meeting of
City, Southern Pacific Company and Commission representatives
be held in the near future regarding a plan to increase the
capacity of the Johnson Street underpass, Crossing No. E-251.7B
in San Luis Obispo.
The Commission's staff appreciates the opportunity
to be of assistance by scheduling and attending such a meeting.
At the moment we are suggesting that either January 14 or
January 21 be the tentative date for this meeting. However,
we shall again contact you in the very near future for the
purpose of setting the final date and time for all interested
parties to convene at your City Hall, 990 Palm Street, as you
have suggested.
Yours very truly,
Warren K. Brown
Director of Transportation
warier 24s IM
mr. Warren :. R ra+n
rylaaatae' w tYzr.a,Oetatt,m
pubus Ottlities Go"dwaLm
calif"nia -tete -wilding
Sim S"rn:.s'. soo 2, Callf,
Door AN 410004
?Lis sin supplownt aAw otters lettm of tas date in re,,Ay to Ynur owrwdoatlon
of Usosnira Ila 1953.
in regard to tts )me 5trwt wocatuZ, we feel that adsq„ate pxOtestioh to a
nenoseltr and t*at *W O>lfrlee t*;zta"_ sd "vet bd.Ong to t4r w emu rmifis
a-o mntin^ the hazard. '+a mximostnkd tds Is a oo nai PrOctiae
In othor N tios.
Your loth gas read the otlwr a;arScya RW v*A Ave anLoo ravrat,: i.ativoa
to* smld4n to 'Jw alltai"nt of ;.he :v Ww7a whi_^lo C=,mW as quoted
$y you to the offoot that the ormatayt 1s nm yroiuetsd iow the ya.•■bwn*
it wr thaLr c ntantdon tmata 'acilo trla wa true lr* U D seta ti t. A--dr „
Was 24d4 Off soar Uwe" or fr w weaker ago. 211ns "t U.", :mm have
boom s nerd nags aocidoutfo accaMUJV; tO thAr statem attOo
14 felt t..at yam ebmad tons about this rr ortod chryga in preM&S*e
ameraly ywraa
v" i .:.ueksi4pr
al"m
L*h�..sY�As
i242 �\
i�JY"s's. _. .. .. p..... P..e.elr..a:'_'10.a'W[.'MJ4e_1�'ffi':�Atl..FxYYN�:'al'tuaL...4L:'k.+••.•� Jg:•.
oaebar 2h, IM
Mr* wr+na K. Brain
rdranar of Itmaapar"ttan
P&US atw t:ao 6ndwAAM
CauraarA.a :state %ildba
Sat BaanesaM 2, ialithrrAa
Dear it+. Bloom
no* you to, loot rise letter of Dww*w 14 im it, regard to tUe 40bn 6
:•twat uw'dwaVesa MaaainQ.
After aia J+ily S# 1953 aaattaf with J• JS Jordsa and the ~ CcgmLnY Of i"%
it waa tFo k*alicp; d ear Sw j that gory Ut'Se was toommolabod due to the
last that t"a mSlroa! seuld w. t OwniS ifsalt!r Wwp Aboad"
or the esaa tlHn 'AWWAM 1a W :lase bupnm Lrurt :.. to the m of
ecmrtruatirm oaata oa SL'dLtt' 7e3eeia.
The C4tpr ('G vCil %Ab riot MMUM of the growth grid do�ayaant of td.a
scama'Sty, a° adswpwaha audarPaea SLRAU" is needed at W Je4dbn :.flat
lneatiea in the ;ntmraate of aafssya OOewsOtslM and naoMdW,
awy Mob to FAV* yet SaA&a je M infantal awKM to be atUmOd by
wwpwwsontalareo at LAa emileaio% Uw eiV rat the So UMM :'aaifio Qx4Aw
to d:ss'uae sb .&"W ftUM. '.mk bare no r*rooal objection to as wNS
aeo" v_th 7 OSMkjM%w SIM the wQU!wvboodea but it Is ocr iApr+Satala
that t`AS " of Naatdwa "a" to tweet W Owww r*-Mwmwt UvQ4# WA
s• tsar v-&t She onYradwrw arweed r .-ht AM AS a8'ai-vt tw ; rujoele
If poarib]a, ve aa4A %Uw to held v w rxetira at ow dfy an1.w )'JU WUA AVe"s
".hoe our env+inwas ie 1e14dn3 IMA 20 enit>NW ar^-geese w feel tint a nr*"
at tM ,Ste is OnMAsaaWya a5 ismik for thr tise baisg.
JtAer arponto MNI us an to that oa"A.n of your 7,Ctter -,ill"
srta`' a to tsaw 'hwW 'trees Oraddeg a
Sinanrol.y yours,
453
9IB SriM ' 0(� t t_
G4 Clem
.. ..coNNunm.i�oN.
.o,n. eoxxnuax
Honorable Fred H.
gayor of the City
City Hall
San Luis Obispo,
Dear Mr. Mayors
Public I ilitirs (fumutissiun
STATE OF CALIFORNIA
December 17, 1953
Lucksinger
of San Luis Obispo
California
183-LO ..�...«�..,.,<.«�<.�«.
This is with respect to the matter of the Johnson Street Underpass
Crossing No. &-251.7B in San Luis Obispo, under the tracks of the Southern
Pacific Company.
We understand that the City is desirous of having this underpass
widena3 and heightened to provide standard clearances. A meeting was held
between representatives of the Southern Pacific Company and the City of San
Luis Obispo on July 2, 19532 and we would like to inquire as to the progress
that has been made toward arriving at a satisfactory solution of this problem.
If you feel that a personal call from one of our representatives to
San Iola Obispo would be of any assistance or that perhaps a meeting should be
scheduled between City representatives and those of the railroad, please advise,
and we will be glad to assist.
As you may recall representatives of the City of San Luis Obispo as
well as certain citizens have requested in the past that a full time crossing
watchman be maintained at the Osoa Street crossing in San Luis Obispo. We have
discussed this matter at considerable length with Southern Pacific Company, and
it is their position that the crossing is now protected by the yard man and that
should such a flagman become necessary, they feel that the City and the railroad
company should both share in the cost of maintaining the protection. Under
these circumstances if the City of San Luis Obispo still feels that the
crossing watchman is necessary, it is suggested that the matter be brought to
the attention of the Commission formally by filing a formal complaint under the
rules of procedure of this Commission. The matter would then be set down for
public hearing, after which the Co., fission would be in a position to enter an
order, based upon the evidence presented.
Yours very truly,
Warren K. Brown
Director of Transportation
V` • •
r�IAO nF �'RlIICTi141 ?FSTIDu?ti!
OF MlYtE MM If. LUCXSIMER
J. Please state yow now, address and �a'essnt official position with the City of
San Lute Obispo.
A. Fred R. f.udtsinger. I reside at 1760 Fialini in San Luis tbieno. end
I an h:anw of that City.
J. How long have you hold that off As?
2. Since :ari 1953.
�. And vevioas to beoonifg :aycr did you hold 9 y position with the City?
A. Yes. City Catncilean f ros :lay, 19% to ..ay, 1r3.
v, paw long have you lived In San Luis Obispo?
A. Since 193h.
J. Are you angaged in my business in that City'
A. 'fee. I have the ➢sroto-3lymouth ageloy for new anh used esre.
�. Are you faailiar with the Johnson Street underpass under the track of the Southern
:'acific Railroad?
A. `:esr very must to.
v. Are you Us Fred I4 UvAteieger who signed and verified Application No. 35,306 and
hhition Ro. in to proaesdiMs now at hearing?
A. I aa.
w 0o you wish the states"** captained is those documents deemed a part of your
teetiewvy haft?
A. I des
v. :lease toll thn C4=43sian in your ivu wcrda why Ap;:lioatirm 35e906 was filed.
�y,
2.
A. 'he application was filed to bring about a widening and imhsuvsnent
of the Johwem underpass and to bave the railroad share in the test of such
i::q:roveaent. The -reject had been under ounsideaation for many yearn but was
more or lose in on inactive states until !larch. 1953 whet the city lNspefad the
matter in a letter to the 'llblic Utilities Caanisaloc, and a meeting with the
`outhsrn Pacific Railroad was arranged. Shari ne subsequent mw%logg and ty letter,
the city attempted tc negotiate a sempTen.se settlemsrd with the railrosdp whereby
t�ak fieellitieeitr would s. Soft coffehalf the r was made In order�ta�oid lid and tructing double��.o<, .m the
azpen.a entailed therewith. Nevelted and waited for sane satisfactory anuar
frm the railroad, but in the tali of 195L, decided tint Slaver informal negotiation
was useless. It was at this point. an Septenbor 21. 19549 that the city riled
Its formal nprlloatSon with the commission.
V. Is the need for widening And reoaetrettnkg the Johcaon Street underpass
growing or loosening:
A. It is growing every dq and has U. on over a rnvdwa' of ;fear®.
4. Fhs the necessity for sudn X%Wrotruotdennv in your opinri ns beooae critical?
A. It has# and it has boon critical for acme time,
w. 1pava there been any discussions in the City Council roegecUng tide matter?
A. lore have.
v. Mae" M:tline thee.
A. Thee have been many discussions by the Council doing the out
two .?sAre. All actions taken have been as a result of Co:moil discussion and
decision. The Council has felt that rids aeojoat was needed and hoe been very
disappointed that the railroad would not cooperate voluntarily in staring the cost
Of ca'Dtrntion '.4 also regret the delay while the wdsting stroctae continues
to obstruct trerfic and remains as a def Limits hasard.
Q. "on the City discusser{ tide matter ilth the rajlroed?
A. It has.
Q. Please outline those discussions.
A. C'.ty repaaewtatives met with the railroad July 2. 1953 and as''sd
if the railmad would consider a 50-% split. &m satisfactory answer was received.
A-Ytter mating was hold January 27. 151 4 with the ct-Ly, railroad arld
comaloslon rarresentad. PoIlowing this :moti,W, the city rude a written offer W
day one half the cost eaolusive of double track facilities. �a ::over received a
yes or no answer.
-till another cwreting wag hold :'e,tQ.t,or 14. UA , w,!UA the ro',rond
and oonrtiaoian Iresent. 'r hen no agroorlout oetwaen the railroad ::and city was
indicated, the sitar decided to file its forcul a.plicatfon with the casiiesion.
V. Taos there been ary discussions bebwsen the City. The railroads and the
°ublie'Utilities Comdasim of the State or its staff?
A. Yooe since the filing of the A-m]icstione
G. I'Lw outline them discussion.
A. A pro-haering conferelwa was hold an fiovenber 8e 19%. ;Iz-. 9ibeon
was named as eapediter. Rro mlaalin from the City and fa. Hinson from the railroad
agreed to got together and work out ag'esrtant an the design and coat of the
Improvement.
y. Are you familiar with the amended plan for the reaoistrugUon and widening
of the Johnson £treat underpass represented by IS[.for id wfioation?
A. In a rxo-tachni.oal Wk.,am.
�. Can you state whether that Man. -f ■ccmo liahedr would hoe satisfactory to
the Cit;R
A. It would.
w TTM does the City ;Rbpaso to finance the costs which :ray be allocated to it
In connection with the accomplishment of that plan?
A. ova be-lieve it would be permissible to finance part of our share
iron the city's ermial gas tax allocation for mCor street construetiorw We
would also plan to use general tax money.
W. flas the City developed any mhemtle of priorities for atiblia imn om-wntam
such as the reconstruction of the Johnson Street 'Jnder)"s?
A. Yes. Cxnr -meter Street and Agbway Plane prepared by Hairy Wise
and Assoslatses which was .,sapared during 195) and adopted in Janum7s 19%
an a guide fur the alty's development, now Meows the underpass insorerement as the
nrrber one priority projsst.
•
RRIC QY PigP09jU rEsfiRCiEs
Of WILLIAM BURNS. CHIEF OR POLICE
Q, Please state your oast, address, and official position with the Oily at loaf LaL
Obisoo.
A. Ry name is William !urns, I reside at ,
and I sn Chief of Police of the City.
Q, How long hams you held that pasitiont
:i.
Q. Please outline your previous sayerience and your education.
A.
Q. In your official capacity, a» you generally familiar with the streets of the
cityl
A. I aa.
Q. And are you familiar with the Johnson Strout undsrpass?
A. Yu. I as esosolally familiar with that.
Q. In connection with the pending proceeding, have you had any traffic cheeks made?
A. Yes.
O. Please outline what they were and their puroose.
A. (Insert)
:. I show you a tabulation entitled " ", and ask you
if this tabulation contains the results of the traffic studies you have just described?
r i ?.
A. Tt dose. It was coapilod under ey direction and it
correctly stated those results.
(Haw tabulation identified.)
Q. mill you now please outline what ts. for identification shower
A. (Insert) (See H.r.S.rs aeeo and aaplify.)
Q. Have IMU had any photographs mds at the Johnson Street underpass?
A. Yes, Moral.
Q. Are the photographs T show you those you have jest wntioned?
A. Tor. They were taken at ay request and Under a7 direction
by , a asrber of eq force.
(ldantify as Ex. , A, B, C, etc.)
Q. Please describe the photo„>rsphe that hew Just been narked for identification,
and state when each woe taken.
A. ('Trtllw discussion carafally. )
Q. what accidents, if any, have occurred at the Johnson Street underpass?
A. (Wtline this carefully. Mort driven are probably extra
"mm here. )
Q. If the Johnson Street underpass wore to be widened and rvtocstrs;ted in substantially
the wanner wham on Ex. for identification, would that haw any effect on
Your police operations?
A. Tt would.
p. Plass state what that effect would be.
A. (Insert diaoussion. It would increase Its sfficiessy. 4tv?)
r� 1.
• MWO OF PROPOSE) UMMOR •
OF JAM YALDEWR, FIRE CHIEF
Q. Please state your name, address, and position with the City of San Luis Obleno.
A. My nose is James . Wwldeseir, I reside at ,
and T am the Chief of the City Fire Department.
Q. Mow long have you held that position?
A.
Q. Please state briefly your education and previous exnsrience.
A.
Q. Looking at Ex. for identification (city sap) please state where the City's
firs stations are located, and describe briefly the equipment at each station.
A. (Insert)
Q. Dose any of this equipment ever have to be taken to the so-called Johnson Street
area east of the Southern Pacific tracks?
A. Yes. (Describe when and why.)
Q. Can all your fire equipment use the Johnson Street underpass?
A.
C. If hampered there, what routes do you have to follow?
A.
C. Please state any instances of such hampering.
A.
` • • a.
Q. If the Johnson Street underpass were to be widened and reconstructed substantially
as shown on ox. for identification, would that have any effect on the efficiency
and effectivenest of your fire protection efforts?
A. It would.
Q. Please state what such effect would be.
A. (outline)
• • 1.
?M10 OF PROPOSED TESTiM Nr
OF 0. HOMEH HAM.IN, CITY EMOIHEEH
Q. Please state ,your name and place of residence.
A. 0. Homer Hamlin. I reside at in San Luis Obispo.
Q. Do you hold any position with that City?
A. Ioo, I an its City Engineer.
Q. Now long have you held that position?
A. _ years, or mime
Q. Please outline briefly your earlier positions in the engineering field and your
previous training.
A.
Q. Are you a registered engineer in this State?
A. Yee.
Q. As City Engineer of the City of San Luis Obispo, are you familiar with its several
street$?
A. I ". It is part of my duties to supervise the construction and
maintenance of the city streets.
Q. In that connection, are you familiar with a street known as Johnmon Street?
A. I an.
_ ..:_..
2.
(Nave map of City identified as Exhibit No. 1)
Q. Is Exhibit 1 for identification a true and correct map of the City of San Lois Obispo?
A. It is.
Q. Please point out the location of Johnson Street an EX. 1.
A. Johnson Street commences on the root at and Puns
easterly, south of and roughly parallel to the track of the
Southern Pacific Railroad as the rails enter the city from the
north. Shortly after the railroad veers to the mouth toward
its station, Johnson Street bends slightly to the northeast
and passes wider the rails by means of a narrow, one-vay under-
pass having a vertical clearance of nine feet. East of the
underpass Johnson Street first bears northeast for a short
distance and then curves to the east, and proceeds easterly to
the southeastern city limit. This clearly appears on Ex. 1.
Q. Whom is the main businssa section of the City?
A. It lies south and vest of the railroad and is generally bounded
by , and
streets.
Q. Where are the Twin residential areas of the City?
A. The original residential area also lies south and soot of the
railroad, surrounding the business district. But the city
has spread out in all directions from this original area. One
Of the most important never residential areas lie, east of the
track along and fanning out from Johnson Street as it extends
easterly fry its underpass,
Q. By the way, what is the estimated present population of the City?
A. It is in excess of 16,000.
Q. Now I would like you to describe generally the residential area you have mentioned
that lies along Johnson Street east of its underpass.
A. As one oroceeds easterly along Johnson Street east of its under-
pass, one passes some of the better newer residences of the city
and to the north the Junior High Sehool, the County Hospital and
the appear to the left, or
north, while gust beyond these several of the larger new residential
tracts have been built up on the right, or south of Johnson Street.
Q. How may the persons living in these areas or using the school, hospital and other
public facilities adjacent to Johnson Street east of the railroad reach the city's
business section?
A. They could proceed east and then south along Street
and cross the tracks by a grade crossing of that street, returning
northerly to the bvsinees district by Street. This,
however, is a long and circuitous route and is seldom used, even
by those who reside toward the easterly stretches of Johnson Street.
Q. Do the persona east of the tracks have any other access to the business district?
A. Yea, a few who live near the track south of Johnson Street cross
at grade by way of Coca Street, near the railroad station.
Q. Is there Any other means of access to the business area of the city from Johnson
Street?
�.
A. Yes. One can turn north near the easterly portal of the
Johnson Street underpass and follow a winding road recently
built to Street, near the High School, there turning
left across a creak and again left from Street by
or streets, crossing the railroad
at grade, or by Street, which crosses under the
tracks.
Q. Is this a convenient method?
A. No, it is longer and very circuitous and is used by few
persons, though some prefer it because it avoids the narrow
Johnson Street underpass.
Q. Is there any other way a person can get across the track from the east Johnson
Street area, without using that underpass?
A. There is an old, obsolete overpass at Street, which
can conceivably be used by turning off Johnson Street at
Street. However, this is not a practical route and is
actually used by very few persons.
Q. well, how else can the people wanting to get from the east Johnson Street area
to the main part of the city, or vice versa, do so?
A. Only by swans of the Johnson Street underpass.
Q. will you now please describe this underpass in some detail?
A. (Pill in detailed description.)
5.
Q. Is this Johnson Street underpass the most direct means of access to the city from
the east Johnson Street area?
A. It is. Of the other three possible methods. two are long
and circuitous and the third is by an obsolete and inconvenient
overpass, with heavy grades on its westerly approach. The
result is that most persons who wish to get to or from the east
Johnson Street area at least attempt to use the Johnson Stmet
underpass.
Q. Would it be your judgment that this underpass is adequate for such use?
A. It is not. In the first place it is a one-way underpass, and
therefore only one vehicle may pass at a time in either direction.
Even this is complicated by numbers of pedestrians and bicyclers,
mostly Junior High School students who use this underpass going
to and cowing from the Junior High School. This creates a
special hazard.
I believe the school bus can just squeeze through the Johnson
Street underpass, but large trucks cannot do so and must take one
of the two highly circuitous routes. The obsolete
Street overpass is not practical for heavy truck traffic.
Q. Have you etudted the traffic problems at the Johnson Street underpass?
A. I have done so continuously since I became City Engineer. This
problem has become constantly worse and more difficult, especially
over the decade since the close of World liar II.
Q. Have you arrived at any judgment respectin.; a possible solution of this problem?
A. Yes, I have. Thera is only one practical solution, and that is
to widen this underpass and increase the presently inadequate
6.
clearance under the railroad track. I use the word "tracks,
in the singular, because the railroad at this point is a single
track line.
Q. Has the City of San Luis Cbispo officially agreed with your judgment that a
widened and deepened underpass in needed at Johnson Street?
A. It has done so by the filing of the Application in this proceed-
ing. I should add that then is a strong public demand for
such action and that I have been pressed by the City Council
and by muerous citizens to develop some plan by which the
Johnson Street underpass problem can be solved.
Q. Have you arrived at any plan that you believe practical and feasible?
A. I have.
Q. Please describe that plan.
A. Perhaps I should first state that the Application contains, as
its Exhibit , a detailed plan by which this could be
accomplished. However, since the filing of the Application
conferences have been held by representatives of the City, the
Railroad and the Public Utilities Commission. As a result
of these conferences a slightly amended plan has been developed.
Q. Do you believe that this new plan represents an improvement over your original
Olen?
A. I do.
Q. By the way, just where is the Johnson Street underpass located in relation to the
railroad?
ar' .
7.
A. Its center line in at surveyors station
p. I show you a document entitled m and
ask you if this delineates what you have tamed the amended plan.
A. It does.
Q. Does this document, in your opinion, correctly show what it purports to show?
A. It does.
(Have plan marked for identification.)
Q. Would it be your desire to have this plan considered in substitution for that
represented on fixhibit , attached to the Application?
A. Yes.
Q. Now will you please describe in some detail what fix. for identification shove.
A. (Add detailed description.)
Q. Please describe for the record the parcel of real property within the railroad's
purported right -of -rag now used for public thoroughfare purposes by the existing
Johnson Street underpass.
A. (Insert legal description.)
Q. Would any additional real property be needed or used within the railroad's purported
right-of-way if the plan shown on fix. for identification were to be constructed?
A. Ien.
8.
Q. Please describe this additional area}
A. (Insert legal description. )
Q. Would it be necessary for the City to have fee title to the area you have just
described?
A. I do not believe it would. I would judge that an easement
for thoroughfare purposes under the track would be sufficient.
Q. In developing the plan set forth on Lxhibit for identification, was any
estimate of the cost of this reconstruction made?
A. There was. The representative of the railroad, Mr, R. C. Nissen,
and I developed a probable cost estimate and agreed that it is
reasonable.
Q. Please state the amount of that estimate.
A. (Insert figure. )
Q. In connection with your conferences with the railroadle representatives, were any
traffic counts made?
A. Yes. (Insert description of how made.)
Q. I show you a tabulation entitled " *, and as'e you
if this tabulation contains the results of these traffic studies?
A. It does.
(Have tabulation identified.)
Q. Please elate briefly what is shown on Ex. for identification.
A. (Insert statement. )
Q. What changes would have to be made in the streets of the city, if the Johnson
Street underpass reconstruction you have discussed were to be undertaken?
A. (Insert description - lower grades - anything else?)
Q. Does the City have any plans to improve street layouts either east or west of the
railroad to render the reconstructed Johnson Street underpass more accessible for
vehicular traffic?
A. ?es. The City proposes (here insert description.)
Q. what, in your opinion, would such action accomplish?
A. It would not only render the underpass fully accessible for
vehicular traffic of all types in both directions, but it would
also, in MY opinion, tend to divert certain traffic now using
other crossings of the railroad to Johnson Street. For exanple,
(insert material.)
Q. In your plan, Ex. for identification, how would appropriate drainage of the
reconstructed underpass be accomplished?
A. (Insert data.)
Q. By the way, what is the condition of the present Johnson Street underpass?
A. If you are referring to the public use of the underpass, I would
SAY that it is highly unsatisfactory, entirely inadequate, completely
obsolete and most unsafe.
If, however, you are referring to the physical condition of the
str^,xture, I as of the opinion that, except for the heavy stone
Abutments, the structure now requires rebuilding.
(Insert data.)
• • 10.
Q. If the reconstruction shorn on Ex. for identification, wars undertaken,
would this repair or replacement of the present str•mturs be needed?
A. go. That effort and its attendant cost would be unnecessary
on the part of the Southern Pacific.
Q. If the reconstruction shown on Ex, for identification were net undertaken,
would such repair or replacement of the present structure be needed?
A. Yee. It should be the next order of business. It is, in my
opinion, long overdue. However, it is also my opinion that it
would represent a complete waste of money and effort, and that
thin coat might far better be used to defray a part of the cost
of the reconstruction of this underpass to render it adequate
and subservient to the existing public need for such action.
Q. Do you know when the existing Johnson Street underpass was constructed?
A. I have examined the official saps of the City, as it existed prior
to the construction of the railroad in the late 189016, and find
that prior to that construction a public thoroughfare existed
across the site of the railroad's later purported right-of-way
at approximately the site of the existing Johnson Street underpass.
I have also examined the maps of later date, and find none that
show the railroad which do not also show this underpass.
The atone used for the Johnson Street underpass abutments appears
to be similar in cut, nature and age to that used at the Street
underpass, about a half mile vast of the Johnson Street underpass.
We know that the Street underpass was constructed at the
time the railroad was constructed.
I am therefore of the opinion that the existing Johnson Street
underpass was constructed at the time the railroad was built,
and that this underpass has existed and has been in use as a
public thoroughfare since that time.
Q, Are you advised as to what title or interest the railroad has in respect of its
right-of-way at the Johnson Street underpass?
A. I am not. I have endeavored to determine this from the County
records, but have been unable to do no,
C. M. SPARKS C. V. GATn
e P)NO W.PO eT..CT I TLI JONNPON.VENUR
R. E. CRIPE, sec ne.. P..Tnueu... MINNOW IMEMENEW
ec<.o..Tne.. • •HOME
... I.....— u1 ... I.......ro.
46vember Loth 1953.
ka..or Area !i. LucSinger
"it, hall.
can Luis Obispo,'.alif.
wear L-a-or Luo;cinger;
I have a cop- of letter sent to you dated November 16th lv".
from r.w.n.batche 11 ooncernix�, tnc meetin3 held in -Uos An;;e las
,ctoucr Lati:.
letter of "ovember SO',:. 1..31 tin
Lo";ielativs boExi o- b:iL
.-. . .:i Of t31e
i.1.:iarf is s:- foruzl cc:::_�l�.i:a to ti:a rublio utilitiesJommission
which complaint was answered December oth y,51 be Kr narren -. grown
however this complaint had to do with Laos .+t crooning and not the
Johnston Ave unaerpass.yuring certain meeting held ,this complaint
has been diverted to uohnson Ave underpass.
In Ir-itchell letter it seems some action has been ta�en,and
at this time it seems to be up to the Jity Officials to start this
Project on its ws, to completion.
however after a reasonable time has lapeed,and I can see that no
action has taken place on the part of the Oita- ufficals,I intend to
file a complaint with the Public utilities jommiseion in regards
to the Johnson -.ve Underpass.
-.e .you ;:n�
ow t ^t u 4e _.. uu av: cle�sanca,
•n:,i I belcive t::e Law _ edt :. _.. .,: 1.,:...: _- mu:t be at lease
14 feet hiji and La feet wile .
Out is tiie Johnson .•ve di:a jot tuere is a number of families
which Sze ='ae pa-ers,that belon;hc -roger i.00d of Loco..:ative
th,- feel treat t.iis Beath -'rap should ue carreotoa
y� l ;.c-c at -our next meeting some action will us ataxted to
do a, a, with ti:is condition.
-il Y�f Ct
iy is ativ. ep.�ro io U4:o trva-.n;inuera
E. J. FALLiY ICN. Iai vac cXu.•.G .rETA.Y�' • R. L. GRusss. sccnv.nr.r.us..a
a.. siuci ...
.ACXAYINIO I.. GLI Y. fiOCR iOX. <ALIn.
Lalifornin #tatr Ergislatiar iiaarb
Nrot4rr400b of Eioromottur Engineero
.4W.,
G. R. MITCHELL, CXAUX.X.Xo L.a.LAI.VE REI ... c.virvc
.1 AY....ILaX.
�1.. A ... L.. n. cult.
November 18,1953
Kayor rred H. Lucksinger
Uity Hall
City of San Luis Obispo Calif.
Dear Mayor Lucksinger:
I wish to acknowledge your letter of Oct.,I5,
regarding the improvement of the "Johnson Underpass".
Since receiving your letter I have talked to
Yr. -.;alter Little, representing the Southern Pacific rail
road, and James Gibson of the Public Utilities Commission.
All are in agreement for the need of this improvement and
willing to lend their support to you people in securing
this benefit.
I have been advised the Southern Pacific would
go for a 50-50 split on construction cost. There remains
only one obstacle, and that the future of Osos Street.
Our Organization feels that your needs would be served bet-
ter in a emergency, or disaster by having one modern Under
pass that could be depended upon, with Osos street closed
than run the risk of damage to the Underpass, and having to
depend on traveling thru the train yards, such as Csos street
does at present time.
I feel sure I•:r. Gibson of the Commission will be
able to assist you in this undertaking, and always remember
the Locomotive Engineers will be glad to render assistence
when called upon.
.iith best wishes, I remain., -
copy Z. Talbot 1551 Palm SLO
G.R. 'h;itchleell
Chairman and,,ja.,&
Rept.
i •
(vtobor 15e 1953
ve a B. hips**
ear M04 stag L Avlattve Board
Brotherfcad of tamene ve Engineers
Bib :4h 'araanlde Bmildisg
L» Angeles Us Callfaevda
Dgee Ve ItCallm
She following SA a statement of usher in response to ?our Verbal raq:oat of
several Warta 04a tt,ot oar C04M l fascinate gush an es}mesalas of "aim fee
possible use by you at We iU lio itilities Conedsalm howarvg on Cetober 2;v
1?5j.
at the vemeht tiny the Council teals that s roost urdent need sadste for
i4wavoment of the unHsapesw loested at the and of Foomme Welch is oozarly
os le4 the ^Johns= ;hAsrpsWo -4 you row, thane is nether a standard
height alsavaMs nor a stondvd width roadway dossing wAsensolh taro railroad
tlseko. V" roprommu an .oases asord iA rail Mod ant&4otilve truffle
glib"
in Ma iwosdiato heals fhie project hue not Comore beywd v o dlscussla, stmees
but � w stir would dsflndtal,T line to awe ,>lens and ant imatimtes aturbele
The alq bee esbenbd in Informal TMW feslsr to Soutass ?ssifie Compaq
arnalals on the Deals of a SD-% split as, the amrtve6tm goat. As re"Ved
little sne7a%gsawmt flea 6* eae9 1 or any I It ont nne aq or the otlrr,
on the rallroad's sudpstlas that the .aes ."Crook crossiom; be slessga we Were
noom dttal nett" wah ties M we could doteratne the sentirent of local
roa.dento in t'rt esaa and AIM our cavil defense end disaster nestle.
l w Counoll :mgse ysa► WA*o t in its behalf and will be glad to lest with
yov ar'ior to Lbe hearing if 0e0e8Ory to 41 mum rho natter fa WON%. -a
wit; be in ire Paaalsee Ortab r 1P�22i lut other then thste we will be at
yam 6arviess base In San Uds Obispo.
Kn ssely ymwss
Frod
Major
artaages of Calif. Cities
r. Tenon Talbot, 1551 Pulse :31,0
M
............
.....-
�Itthlir '�filifirn Lnmmi�sil�tt
STATE OF CALIFORNIA
May 19, 1953
ACHM1999
T. I ...... �...« "' .��. «.. 183-40
..«...«......AL...
Honorable Timothy I. O'Reilly, Mayor
City of San Luis Obispo
California
Dear Mr. N.ayorr
This is in answer to your letter of March 11, 1953, concerning the
matter of the possible grade separation of Ruth Street in the vicinity of Osos
Street with the tracks of the Southern Pacific Railroad Company in the City of
San Luis Obispo.
We note from your letter that the City Council of the City of San Luis
Obispo does not wish to participate in the proposed grade separation in the
vicinity of Osos Street, but that the City is interested in widening the under-
pass at Johnson Avenue and wishes to discuss ways end means of financing such a
widening. Your position with respect to this matter is being forwarded to the
Southern Pacific Company with the suggestion that their representatives contact
you for the purpose of negotiating the widening of the Johnson Avenue underpass.
We also note that the City feels that the Southern Pacific Company
should continue to keep the Coos Street crossing clear of standing railroad cars
a proper distance back from the crossing on both sides. Please be advised that
the Southern Pacific Company has informed us that the crews have been issued
instructions that cars shall not be stored within 1001 of the crossing. Certain
changes in air lines and other facilities in the vicinity of the Coos Street
crossing has been made so that this 100' clearance may be observed at all times.
If at any time in the future you notice care stored lose than 1001
from the crossing, please bring it to our attention.
We note that the City Council of the City of San Luis Obispo feels
that adequate protr-ction at Coos Street crossing can be obtained only by the
placing of a full time crossing guard at the crossing and that it feels that
any expense entailed must be met by the Southern Pacific Company. We are trans-
mitting this matter for further discussion with the Southern Praclfic Company.
It should be pointed out, however, that if the Southern Pacific Company does not
agree to placing the watchman at this crossing, the only manner in which they can
be forced to do so is to hold a public hearing on the matter after which the
Commission will be in a Dosition to Issue an order and apportion the cost between
the railroad and the City, on facts brought out at the hearing.
T�i71�� Very truly yours,
Z�� %�'li.c ��._� �1! j��«-•�',.�
lid! MAY [� ��53 V Warren E. Brown
Director of Transportation
O'IMLLY & RU ,ZrR
r
MM
COPY
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
PILED
PUBLIC UTILITIES COMMISSION
S T1TL OF C4LI FOXNIA
Commission investigation Into the ) APR E 41956
safety, maintenance, operation, use )
and protection of crossings of j�}R'I n "-F-
public highways and the lines of the ) Case 44M., 5755
Southern Pacific Company in the City )""""
of San Luis Obispo, County of San )
Luis Obispo. )
1
ORDER INSTITUTING INVESTIGATION
It appearing that there are several crossings at grade and at
separation of public highways and one of the main lines of the
Southern Pacific Company in the City of San Luis Obispo, County of
San Luis Obispo, and in the County of San Luis Obispo, State of
California, as follows:
Crossing No. Street Name
E-250.5 Foothill Boulevard
E-250.8 Hathway Avenue
E-251.1-A
Peach Street Overpass
E-251.2-A
Mill Street Overpass
E-251.3
Palm Street
.,1 E-251.35-B
Monterey Street Underpass
E-251.4
Higuera Street
E-251.5
Marsh Street
E-251.7B
Johnson Street Underpass
E-251.8A
Fairview Avenue Overpass
E-252.1
Osos Street
E-253.3
Orcutt Road
and that each, all or any part of the aforesaid crossings at grade
or separation may be dangerous and hazardous to the safety and
1.
MM v
health of the public;
It further appearing that Application No. 35806 was filed by
the City of San Luis Obispo requesting that this Commission
authorize the reconstruction of the public highway crossing at
separation under the main line of the Southern Pacific Company at
the intersection of Johnson Street in the City of San Luis Obispo,
County of San Luis Obispo, State of California;
It further appearing that Application No. 37125 was filed by
the City of San Luis Obispo seeking a Commission order fixing just
compensation to be paid for an easement for the widening of the
underpass to be authorized pursuant to Application No. 35806;
IT IS ORDERED that an investigation on the motion of the
Commission is hereby instituted into the safety, maintenance, opera-
tion, use and protection of ea,;h, all or any part of the aforesaid
crossings at grade or separation for the following purposes:
1. To determine whether or not the public safety and health
require the abolishment of one or more of said crossings at grade
or separation.
2. To determine whether or not the public safety and health
require the reconstruction, relocation, alteration or widening of
one or more of said crossings at grade or separation, or require
the installation and maintenance of additional protective devices
thereat.
3. To prescribe the terms upon which any such closing, recon-
struction, relocation, alteration, widening, installation or main-
tenance shall be done; and to apportion the costs thereof between
the Southern Pacific Company, the City of San Luis Obispo and the
County of San Luis Obispo.
2.
MM
4. To enter any other order that may be appropriate in the
lawful exercise of the Commission's jurisdiction.
A public hearing in said investigation shall be held before such
Commissioner or Examiner as may be designated at a time and place
hereafter to be set.
The Secretary is directed to cause certified copies of this
order to be served forthwith upon the Southern Pacific Company, the
City of San Luis Obispo, and the County of San Luis Obispo, and is
further directed to cause appropriate notice of hearing to be
mailed at least ten (10) days before the date of hearings herein.
Dated at G.n Francteco California, this.? LGi .day of
April, 1956•
PETER E. MTTp�ent
JUSTUS F. CRALM"It
RAY E, UNTEML1N1-.!,
MATTHEW I LOULEY
REX HAPPY
Commissioners
3.
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Petition of the City of San Luis Obispo
under Section 1206 of the California
Public Utilities Code for an Order fix-
ing the Just Compensation, if any, to
be paid by the City for an easement for Application No. 37125
a widened underpass under the tracks of
the Southern Pacific Company in said City,
and for a final Order of Condemnation.
TO:
NOTICE OF RESETTING OF HEARING
ON ORDER TO SHOW CAUSE
Southern Pacific Company,
65 Market Street,
San Francisco, California.
Randolph Karr,
Attorney for Southern Pacific Company,
65 Market Street,
San Francisco, California.
Fred H. Lucksinger, Mayor
The City of San Luis Obispo,
City Hall,
San Luis Obispo, California.
William M. Houser, Jr., City Attorney
The City of San Luis Obispo,
City Hall,
San Luis Obispo, California.
Carl I. Wheat,
332 Westridge Drive,
Menlo Park, California.
Pursuant to stipulation, and by order of October 11, 1955, hear-
ing on the order to show cause herein was temporarily removed from
the hearing calendar. The Secretary was directed to cause appropriate
notice of resetting of such hearing to be mailed to the parties. Peti-
tioner having requested a resetting of the matter,
YOU AND EACH OF YOU ARE HEREBY NOTIFIED that the Public Utilities
Commission of the State of California has reset the public hearing on
the Order to Show Cause in the above proceeding for 10 o'clock a.m.
on Thursday, the 15th day of March, 1956, in the City Council Chambers,
City Hall, 990 Palm Street, San Luis Obispo, California, before Com-
missioner Untereiner and Examiner Daly, or such other Commissioner or
Examiner as may hereafter be designated, at which time and place you
may appear and be heard.
By order of the Commission.
Dated, San Francisco, California, January 26, 1956.
R. J. Pajalich,'Secretary
Public Utilities Commission
of the State of California
2.
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Petition of the City of San Luis Obispo
under Section 1206 of the California
Public Utilities Code for an Order fixing
the Just Compensation, if any, to be paid
by the City for an easement for a widened
underpass under the tracks of the Southern
Pacific Company in said City, and for a
final Order of Condemnation.
Application No. 37125
ORDER FOR TEMPORARY REMOVAL FROM CALENDAR
The above petition was filed under Sections 1206 through 1218
of the Public Utilities Code. Pursuant to statute, an order was
issued directing the owners or claimants named in the petition to
appear at San Luis Obispo on October 19, 1955 and show cause, if
any they have, why the Commission should not fix just compensation
and upon payment thereof make a final order of condemnation. Affi-
davits filed herein show that all service contemplated by the statute
has been made. Return to the order to show cause was filed on Octo-
ber 6, 1955- On the same day petitioner and respondents joined in
filing a petition for temporary removal from the hearl ng calendar,
stipulating that no jurisdictional question based on such temporary
removal would be raised at any subsequent hearing.
Good cause appearing, IT IS ORDERED that the order to show cause,
returnable on October 19, 1955, is temporarily removed from the hear-
ing calendar.
The Secretary is directed to cause copies of this order to be
mailed to the parties forthwith, and to cause appropriate notice
1.
Of resetting of the hearing on the order to sho, cause to be mailed
to the parties At least ten (10) days prior to the date of such
hearing.
Dated, San Francisco, California, this llth day of October, 1955.
PETER E. MTTCHELL
President
JUSTUS F. CRAEMER
RAY E. UYTERLLVER
MATTHEW J. DDOLL•'Y
REX HARDY
Commimion,n
2.
•
BCYOf* THE PUSLIC 9TILITIRa COWUSSIIN OF THE STATE OF CALIYORMIA
Petition of the City of San Luis Obispo )
under %action 1206 of the California )
Public Utilities Coda for an Order fix— )
ing the Just Compensation, if any, to )
be paid by the City for an easaaont for ) ♦pplioation No. 37125
a widened underpass under the tracks of )
the southern Pacific Compaq in said City, )
and rep a final Order of 0esidamastion. )
TO%
ROTICZ aV %&ARM
Prod H. Lueftsinger, Mayer
The City of San Luis Obispo
City Hall
San Luis Obispo, California
01111am R. Houser, Jr.
City Attorney
The City of San Luis Obispo
City Hall
San Luis Obispo, California
Carl 1. Wheat
332 sestridge Drive
uanlo Park, California
YOU AND EACH 1P YOU ARC HRWr YOTIPIRD that the Public
Utilities Coiaiaalon of the State of California has set a ynblio
""tag on the Order to show Cause in the above proceeding at
2100 2111911p.s4 on Wednesday, the nineteenth day of Coto r,
=, in the City Cwsseil Obambers, Cit1 Hall, "0 Papa street,
San Luis ObIL , CaWpj3 la, before Commissioner Untoreiner and
sxa.ieber Daly, or ouch other Commissioner or Lxauinor as say
hereafter be designated, at which time and place you may appear
and be heard.
By order of the Comodogion.
Dated, San Francis**, California, September 30, 1955.
R. J. Pa4allob, Secretary
Public Utilities Commission
of the Mate of California
COPY
BEFORE THE PUBLIC UTILITIES COMISSION OF
THE STATE OF CALIFORNIA
PILED
PUBLIC UTILITIES CONWSIOM
3 TP'F IF CA1 1 FOR' I,
Petition of the City of San Luis Obispo
AUGg 1955
under Section 1206 of the California
Public Utilities Code for an Order fix-
sn�[-'aasci�[=oa-�'��t'.
ing the Just Compensation, if any, to
be paid by the City for an easement for
Applieatic"o._ 7125..............
a widened underpass under the tracks of
the Southern Pacific Company in said City,
-
and for a final Order of Condemnation.
AFFIDAVIT OF SERVICE
STATE OF CALIFORNIA
sa.
CITY AND COUNTY OF SAN FRANCISCO
MERCEDES PRATT, being first duly sworn, deposes and says:
That she is a citizen of the United States and a resident of
the City and County of San Francisco, over the age of twenty-one
years, employed by the Public Utilities Commission of the State of
California, and neither a party to nor interested in the above pro -
seeding.
That on August 18, 1955 she served ups.: Southern Pacific
Company a certified copy of the Order to Show Cause issued by the
Public Utilities Commission in the above proceeding on August 16.
1955, attached to which was a true and correct copy of the petition
filed by the City of San Luis Obispo in said proceeding, by per-
sonally delivering said documents to and leaving them with
T. F. RYAN, who is the Assistant Secretary of said Southern Pacific
Company.
That on August 18, 1955 she served upon Southern Pacific Rail-
road Company a certified copy of the Order to Show Cause issued by
the Public Utilities Commission in the above proceeding on August 16,
1955, attached to which was a true and correct copy of the petition
1.
filed by the City of San Luis Obispo in ::aid proceeding, by per-
sonally delivering said dooi:ments to and leaving them with
T. F. MAN, who is the Aasistant Secretary of said Southerci Pacific
Railroad Company.
That the above service: were made in Room 852, at 65 Market
Street, San Francisco, California, at approximately 3:10 p.m, on
August 18, 1955.
N%4R_ CED53 PR qTT
erce eu ra T
Subscribed and sworn to before me
this _L#.0._ day of August, 1955.
f �' /VOtL COLFNLr4lV
Asst. ivbTia �t3Tft es
Commission of the State of
California
Cw
BEFORE THE PUBLIC UTILITIES CCGIMISSION OF THE STATE OF CALIFORNIA
Petition of the City of San Luis Obispo
under Section 1206 of the California
Public Utilities Code for an Order fixing
the Just Compensation, if any, to be paid
by the City for an easement for a widened
underpass under the tracks of the Southern
Pacific Company in said City, and for a
final Order of Condemnation.
ORDER TO SHOW CAUSE
Application No. 37125
WHEREAS, there has been filed with this Commission by the City
of San Luis Obispo, a political subdivision, an application or peti-
tion asking that the Public Utilities Commission fix the just com-
pensation to be paid by the City of San Luis Obispo for an interest
in certain property, being an ease:.ient for public thoroughfare pur-
poses; designate the party who shall pay such compensation and the
owners and claimants of the interest in property thus condemned to
whom such compensation shall be paid; and make its final order of
condemnation; and
WHEREAS, said petition has been filed pursuant to Sections 1206
through 1218 of the Public Utilities Code; and
WHEREAS, the interest in property to be condemned consists of
an easement for public thorou.-hfare pu^poses under the railroad
track of Southern Pacific Co.:pany at Johnson Street in the City of
San Luis Obispo, all as more particularly described 1n detail 1n
said petition, which is here referred to for a more particular de-
scription of ^aid interest in property; and
WHEREAS, the owners or claimants of said property or interest
therein named in the petition are as follows, to -wit:
1.
A
Ca a3?125
.•
•: .
Southern Pacific Company
65 Market Street
San Francisco, California
Southern Pacific Railroad Company
65 Market Street
San Francisco, California;
Now, therefore, IT IS HEREBY ORDERED that each of the owners
or claimants above named, and The City of San Luis Obispo, a munici-
pal corporation, appear before Commissioner Untereiner and Examiner
Daly, or such other Commissioner or Examiner as may hereafter be
designated by the Commission, in the City Council Chambers, City
Hall, 990 Palm Street, San Luis Obispo, California, at 2:00 o'clock
p.m. on Wednesday, the nineteenth day of October, 1955, and then
and there show cause, if any they have, why the Public Utilities
Commission should not proceed after hearing to fix the just compen-
sation to be paid for the acquisition of the specified interest in
property, to designate the party or parties to this proceeding who
shall pay such compensation and the ovmers and claimants to whom
such compensation shall be paid, and upon such payment to malco its
final order of condemnation; and
IT IS FURTHER ORDERED that the Secretary of the Commission cause
to be served upon each of the above owners or claimants, and upon
The City of San Luis Obispo, a municipal corporation, a copy of this
order, certified under the seal of the Public Utilities Commission,
to which shall be attached a true and correct copy of said petition,
which said service shall be made in the manner provided by Section
1209 of the Public Utilities Code.
Dated, San Francisco, California, this
of ' AULUS7 , 1955•
Certified as a true copy.
Se ore tary
Public Utilities Commission
State of California
2.
>f
day
PETER E. WTCHELr
President
JUSTUS F. C°.4I;_%SER
];AY F. 1:::TE1ZLXNF.R
'.IATTs i"'— J. DOCLLY
ItLx 1L?RLY
Commiraioners
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BEFURK THE PUBLIC UTIl.LTIYS CUPMISSION
Ckv TIX STATE CF' CALIFURIrA F I L E D
P9ULIC UTILITIES COMMISSION
STATE OF CAUFURNiA
Petition of the City of San Luis Obispo ) JUL 12 1955
under Section 1206 of the California )
t'ublic Utilities Cods for an Order fixing )
CE
the Just Cospenaaticn, if any, to be paid j6PPLiCAT10q�� `y t�i`O =rt
by the City for an amwsot for a widened ��,s
under,wae under the tracks of the Southern )
?acific Cwnpany in said City, and for a
final Order of Condemnation.
By this Petition the City of San Luis Obispo respecti'ully Show n
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it That it is a duly authorised chartered r=icipal corporation under
L
the Constitution and lava of trte State of California.
II
That all correspondence, co umications, notices, orders and other
papers relative to this Petition may be addressed to the Mayor of the City
of San Lois Obispo, City Mall, 990 Palm Street, San Luis Obispo, California.
III
That on September 23, 195l1, the City filed with this Commission
an Application, designated as Application No. 35, 606, in and by which the
City prays that the Commission issue its Order authorizing and requiring, the
reconstruction of an underpass creasing under the track of the Southern
Pacific Company in said City, and an Order apportioning between the City
and the railroad the cost of such reconstruction. This crossing; is known
as Crossing he. E-2517-8, and the said Application involves the proposed
widening of the public thoroughfare by which Johnson Street in said City,
has for many years crossed under said track. Such widening, is required by
the City and its citizens for free, adequate and safe passage under said
railroad track.
IV
Li order to accomplish such widening and reconstruction, It will
• 2
1 ; hs necessary to use for public thoroughfare purposes certain property ad-
z Jaoent to that now usedfor sucae purposes. Such additiamal property including
3 .that now used for public thorougnfars purposes within the City of Sari Luis
4 uuispo, county of San Lute Obispo, State of California is usecrii:ad as fol-
5 lows
6 Beginning at the most westerly corner of block 20, as delineated
7 on teat eortain map entitled %eatral addition in the City of Sen Luis
8 Obispo", recorded July 27, 1694, in Volume 0t," at page 54 of saps, re-
9 cords of b:,a coeaty of San Luis Vbispoj thence ltortn 490451 bast, along
10 the Uorthwestarly line of amid Block 2U, a distance of 1i1.91 Pest to
11 the westerly line of IJUbl of Southern Pacific Railroad Company, as
12 described in dead dated havembor 28, 16900 bast Coast Land Company to
13 Southern slacifie 1:eilrosd Company, recorded Neapber 2o, 1890 in Deed
14 Look 11 at page 42, records of " OoanLy of San Luis Ubispoj thence
15 South 8036' West, along said westerly line, 156.2y feet to a poiffi
16 distaant 50 feat, westerly, at right ankles, from the center line of the
17 Smnthern Pacific Railroad Com,�anyts sain track at or near Zagimeer
18 Station 8923i30, said point being the 7RUh puilP: 0j' !jkZjNglI j thence
19 South 8036' West continuing along said westerly line, 105 feet; thence
20 South 61024' Fast, 100 feet to the easterly lim of said land of the
21 Southern Pacific :railroad comparWj thence Norte, 6036' Last aloof; said
z2 easterly line, 105 feet] thence North 81024' West, 100 feet to the
23 True eoint of Beginning, Containing an area of 10,500 square feet,
24 more or loss.
25 The interest sought to be taken in amid described property is an easement
26 'for public thoroughfare purposes under the track of said Southern Pacific
27 Com2,any in addition to that now used for such purposes. Petitioner is ad-
28 wised that the interest thus to be Lakin rslates to a portion of Lia land
29 used by Southern Pacific Coapeoy or the Southern Pacific Railroad Company
30 Tor railroad purpoam, The names and addresses of the owners or claimants
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I ! th~ on vnk=m to i'eti!laaara b" Petitiasor is iafWW4 aad bsllores
2 and tharstom allopa that the Smtswra ?saifia �;**muwp or tin 5authmm
3 ksmitia Lailzoed Caipary, 4wae addneaa is 6$ Aarkat auwet, San Fra:aiaoo,
4 ',I CalifamU, may am or alma title to an or ArtLms at eua,. .3bPerty or
u tO sa,w iate"at thoiein undma4 to +" ettti.onar.
6 '-hwvfamo Ntitirnar pwiv that the Cwaditim (a) Hake such
7 arch.^ ar mars and Ibilaffi awsti Psotsdures as 'xe provUWd by law far ietit�
8 f� Iww of ULU natuxe, " Unrwtter (b) fix sht Swt ompamatim, if my*
g +' Le be pai.i by Yatitl:ailei' for the aa-tuisition a the interest is property
10 �I.hw*JmOb m spaeltiadl (a) desi,yuto yaw party to whim tu'x*wt:h, =4o ahau
11 I i49 rah aamixmuatim, it ,wy, tatl vv Mr.ars ar clalnaats of tine iatem"
12 N 10 prcpsrty ttau oawsrwd to Ww sua�. oo*awattm, it Auq, abau bs pails
13 and (u) ;t:ta. tluCn pgpnwt as" its Fiiwl Order ad oomdsmmtiac.
14 TAS. C277 u€ :S" ;. IS vi31<u'3,
a aai+OlpQ oarpahmtlaa,
15 A➢p11WnU
16 staapagtthl],}• sabdtted,
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18 /a/ WILLIAM M. RX'S 7" JR.
e. Jateds July
19 i:. C1ty. Attalaay at .'atitlaew^,
City Yells Dal Iatis (,biepe,
20 ''.(kltocra".
zl
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a,:scial :'Oumal for eatiumw,
24 332 Waata'idao LM9a,
'-Anu .'ark, ualitbnn AttQmyt tar Applicant.
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MUFMATIOH
STATE OF CALiFORNYA, )
es.
COUNTY OF 30 L'UIS OHISM. )
FRWI H LUC.-mom being duly sworn, says:
Mt. he is an offices of the City of San Luin Obispo, a aautieipal corporation
of the State of California, applicant herein tor:dt, Hayor of said Cityi
that he makes this verification for and on behalf of avid City for the
i
reason that It Is a mmicipa?corporation, as aforesaid; that he has read
the foregoing application knows the contents thereof, and the sane is true
of his own L=wledpe, e-eoept as to thoae matters therein stated uom in-
�oreation and belief, and as to those matters he believes it to be true,
ubsaribed and worn to before me t'':.Jt
Nth day of July, 1955.
/e/ Fred 11, Lucksin er
21 (sea /e/ JUUITH J. P'Llo FY
7pOZV 1 ub�lic jin or the County of
22 I San Luis Obispo, State of California.
23 My Cor:aission eVires February 25, 1958.
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Certified as a True Copy
SL n� .:��tN16410M
A
Shroflri THS
PUBLIC CTILMUS I:OMMI&SIOM OF TBh STATt OF CALIFOFJIA
In the matter of the •pplication )
of the city of San Luis Obispo, )
County of San Luis ObIspe, Stab ) l Cation lie. 35d06
of California, for an order auth- ) A pB
arising the improveaent of a cross- )
ing at separate grease of Johnson Street j
and the Southern Pstifit Conpanye
A rIF"LU 'JP PIAILIlfO
svnL jF CAwFCak!A, )
Sf..
City and County of San Francisco. )
MA TL:E M. STRAWL, bsint, first duly sworn, deposes
and sayst
Tbat she is, and was at the time of the service of
Motion of Cefendant. Southern Pacific Coapmy, to Liswiea Ap-
plication, herein referred to, a citizen of the United Statent
over the age of twenty-one jears# and fat a party to the with-
in entitled action; that a:e personally served the attorneys
and parties got forth below a Copy of ;.iw attached Motion to
Uisxiss, *to., by mailing on the 3rd day of January. 1955, at
the city and Connty of San Francisco, 5tsta of Cal ifornie, in
a sealed envelope, with postai,e prepaid, a copy of saio notion
to Dissfieg, cte., s:-::r.( god to the sold persona +-n follows?
-2-
2:ayor of the City of Ban Luis Obispo,
990 Halm Streat,
San Luis 0blmpo, California.
Mr. George L. Andre,
City Attorn*y,
"0 Palm Stroet,
San Lai* Obispo, Calif,
Ar. Carl 1. Wheat,
Attorney,
332 uestridge Orin,
Menlo Park, California.
Subscribed and sworn to before ma
this 3rd dag of January, 1955.
Oi P.r,A1 IP9,01 $1041 i
in and fer the 41ty sad Ceaaty of
San Francisco, State of California.
my Commit,ion expires:
October 25, 1956.
BEFORE THE
PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
In the Matter of the Application )
of the City of San Luis Obispo, )
County of San Luis Obispo, State )
of California, for an order auth- ) Application No, 35806
orizing the improvement of a cross-)
ing at separate grades of Johnson )
Street and the Southern Pacific )
Company. )
MOTION OF DEFENDANT, SUUThERN PACIFIC COMPANY,
TO DISMISS APPLICATION
Comes now the defendant, Southern Pacific Company, and
moves this Commission, pursuant to Rule 13 of the Commission's Rules
of Procedure (Decision No. 47081) that the application herein be
dismissed for failure to comply with the stetutory requirements and
the Public Utilities Commission's Rules of Procedure with reference
to cases involving condemnation, permits and crossing of railroad
tracks by highways and the apportionment of the costs of grade sep-
arations.
For grounds of this motion, Southern Pacific Company re-
spectfully shows:
I
The application In this proceeding is premature and the
jurisdiction of the Commission has not been properly invoked in
that applicant has not followed the ,jurisdiction procedures set up
in the Public Utilities Code and by the Public Utilities Commissiont
Rules of Procedure in cases involving permits for crossing of rail-
road tracks by highways, apportionment of costs of grade separation
and condemnation of rights necessary for such crossings.
II
It appears that the intention of applicant is three -fold
although such intention as set forth in the application is far from,
clear.
-1-
(A) Firstly, it appears that applicant is
endeavoring to secure from this Commission its
permission to construct a highway under defend-
ant's railroad right of way, which highway will
be constructed at a separated grade,
(B) Secondly, it appears that applicant is
seeking to have this Commission apportion the cost
of such separation between applicant and defendant,
(C) Thirdly, it must be assumed (although
nowhere in the application is it set forth) that
applicant is endeavoring to condemn a right of
way under defendant's tracks for a new highway,
III
In order to invoke the jurisdiction of the Commission
properly to accomplish these purposes, applicant must allege and
prove:
(A) Wh,t public need gives rise to the need
for the project;
(B) Whether the use to which the property or
interest therein is to be applied is a public use
authorized by law;
(C) Whether the taking is necessary to such
use;
(D) What property or interest is to be taken;
(B) How much should be paid as just compen-
sation for the property or interest taken; and
(F) The names and addresses of all owners
and claimants thereof, If known, or a statement
if they are unknown, and the statement of each
railroad corporation, the State and political sub-
division, which, in the opinion of the applicant,
has an interest in the proceeding.
IV
In order to condemn property in a proceeding such as the
instant one, the application or petition must pray:
(A) That the Commission fix the just compen-
sation to be paid for the acquisition of or damage
to the property and interest in or to property
specified in the application or petition;
(B) That the Commission designate the party
or parties to the proceeding who shell pay such
compensation, and the owners and claimants of
the property and interest in or to property con-
demned to whom compensation shall be paid,
(C) That the Commission make its final order
of condemnation,
V
That proper and necessary parties are not before the Pub-
lic Utilities Commission, and the Public Utilities Commission has
no jurisdiction to proceed or proceed further until the State of
California, the County of San Luis Obispo, and other political sub-
divisions affected by the proposed separation of grsde and as pro-
vided for in Section 1202(c) of the Public Utilities Code, are be-
fore the Public Utilities Commission and parties to the present
proceedings.
WHEREF'WiE, this defendant prays that the application be
dismissed,
SOUTHERN PP.CIFIC COMPAQY
RANDOLPH KARR
R. S. MYERS
By RANDOLPH KA-RR
Its Attorneys
Dated; January 3, 1955
65 Market Street
San Francisco 5, Calif,
-3-
BEFORE THE
PUBLIC UTILITIES COMMISSION OF THE STPTE OF CALIFORNIA
In the Matter of the Application )
of the City of San Luis Obispo, )
County of San Luis Obispo, State )
of California, for an order auth- ) Application No. 35806
orizing the improvement of a cross-)
ing at separate grades of Johnson )
Street and the Southern Pacific )
Company. )
MEMORANDUM IN SUPPORT OF MOTION OF SOUTHERN
PACIFIC COMPANY THAT APPLICATION U DISMISSED
The application herein seeks an order from this Commis-
sion, apparently designed to condemn and acquire for the applicant
the rights for, and to authorize and compel the construction of, a
new highway under the right of way of the Southern Pacific Company
in the City of San Luis Obispo, County of San Luis Obispo. This
new and relocated highway, as it would cross the Southern Pacific
Company right of way and under the tracks of Southern Pacific Com-
pany, would lie just westerly of the present existing purported
underpass of Johnson Street and railway tracks of this defendant.
Parenthetically, it should be pointed out that it is not
entirely clear just how applicant intends to proceed with this
matter since applicant has not specifically covered the condemnation
aspects of the case in its application.
I
THERE IS COMMISSION PRECEDENT
FOR THE GRANTING OF THIS MOTION
The motion in this proceeding is similar to a motion to
dismiss that involved substantially similar pleadings before the
Commission in the so-called E1 Nido case, Application No. 34644,
Decision No. 50245 (July 6, 1954). This decision is noted at 53
Cal. P.U.C. 263, as follows:
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"Amended application of Dept, of Public
Works for the reconstruction of the crossing
of Hawthorne Ave„ and Harbor branch line of
A.P. & S.". Ry. Co. (61 Nido underpass) and
designating the portions of work to be done
respectively by the parties and for deter-
mination and allocation of costa and for
Interim order authorizing applicant to com-
mence immediately construction and issuance
of or. interim order requiring Santa Fe to
Proceed with railroad work dismissed without
leave to emend.",
and a true copy of said Decision No. 50245 is attached hereto and
made a part hereof.
The similarity of the present pleadings and the pleadings
in the El Nido case are directed to the Commission's attention in
view of the sameness of the motions in each matter. It is submit-
ted the rulings in the E1 Nido matter are binding and controlling
in the present proceeding,
II
THIS COMMIS3ION HAS THE POWER TO ENTER AN ORDER OF CONDEMNATION ONLY
IF CLRTAIN PROCEDURAL SMPS ARE FOLLOWED TO GIVE THE COMMIS"ION
JURISDICTION
rho sections of the Public Utilities Code covering these
condemnation proceedings are Sections 1206 and 1220.
It might be of importance to note that under Section 1217
of the Public Utilities Code it is provided that the procedure per-
mitting the Commission to exercise the power of condemnation is al-
ternative and cumulative. This means, of course, that applicant
could have (as it has not) filed a condemnation proceeding in the
courts in order to acquire whatever right is needed to accomplish
its purposes.
The basic statute on the manner of commencement of a con-
demnation proceeding before this Commission is Section 1207 of the
Public Utilities Code. This Section provides that the application
shall set forth:
"(e) a statement of the purpose of the
proceedings and the use for which property
or interest in or to property is sought to
be taken,
0
"(b) a description of each piece of land
or other property or interest in or to prop-
erty sought to be taken, and whether it includes
the whole or only a part of an entire parcel
or tract or piece of property or interest in
or to property, and
"(a) the names and addresses of all own-
ers and claimants thereof, if known, or a
statement that they are unknown, and a state-
ment of each railroad corporation, the Stato
and political subdivision which in the opinion
of the commission or the petitioner has an
interest in the proceeding,"
That section further provides that the application or
petition shall pray:
"(a) That the Cormission fir. the .just compen-
sation to be paid for the acquisition of or damage
to the property, and interest in or to property
specified in the petition;
"(b) That the Commission designate the party
or parties to the proceeding who shall pay such
compensation and the owners and claimants of the
property and interest in or to property condemned
to whom compensation shall be paid; and
"(b) That the Commission make its final order
of condemnation,"
The application cn file herein is deficient in that there
has been no compliance with the above -mentioned Public Utilities
Code Section,
III
THIS COMMISSION HAS THE POWER TO E®TER AN ORDER OF CONDEMNATION
ONLY UPON THE ESTABLISHMENT OF CERTAIN FACTS
Under the statutes and rule mentioned in paragraph II
_q_
above, an applicant, in order to secure an order such as that sought
her--, must allege and prove the following:
(A) Whet public need gives rise to a
necessity for a new crossing;
(B) what the facts are with reference
to (A) above;
(C) What property or interest must be
taken;
(D) Whether the taking is necessary to
such use;
(E) Whether such use is a public use;
(F) How much should be paid as just
compensation for the property or interest
taken.
CONCLUSION
The Commission should not proceed further with this Pro-
ceeding unless and until applicant files an amended application in
the manner contemplated by the stetutes end the rules of this Com-
mission setting forth the facts required by the Rules of Procedure
together with the facts surrounding the proposed condemnation.
Respectfully submitted.
SOUTHERN PACIFIC COMPANY
RANDOUH KARR
R. S. MYERS
By RANDOLPH HARR
Its Attorneys
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Prior to 1933
Decision No. 50245
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Application of the State of California,
Department of Public Works, for an order
or orders authorizing and requiring the
widening, reconstruction, alteration and
improving of the crossing of Hawthorne
Avenue and the Harbor Branch Line of The
Atchison, Topeka and Santa Fe Railway
Company sometimes referred to as "El
Nido Underpass" and designating the
portions of the work to be done, respec-
tively, by said Applicant, State of
California, Department of Public Works,
and by said railroad corporation and for
determination and allocation of the costs
thereof and for an Interim Order author-
izing Applicant to commence the immediate
construction of proposed improvements and
for the issuance of an Interim Order
requiring said railroad corporation to
ORDER OF DISMISSAL
Application
No. 34844
The Atchison, Topeka and Santa Fe Railway Company has file
a motion to dismiss the amended application of the State of Californi
Department of Public Works.
Allegations of Amended Application. Hawthorne Avenue, a
portion of State Highway Route 164, crosses Santa Fe's Harbor Branch
at separated grades, at Crossing No. 2H-19.0-B, also known as "E1
Nido Underpass." The existing underpass was constructed in 1926.
State proposes to widen and improve the highway as a six -lane divided
highway. The existing underpass will be widened by adding a 62'-6"
steel span at the west end of the present 58'-09 span, and by con-
structing new pavement lanes for southbound highway traffic. North-
bound traffic will use the existing underpass. The west abutment of
the existing span will be remodeled to serve as a center pier, and a
new west abutment will be constructed. Two 40-foot roadways through
the underpass will be separated by a 22-foot median strip.
Public interest and necessity require the widening and
improvement of the highway and the existing grade separation structure
0
the latter being too narrow to permit the proposed widening of the
highway or to accommodate the traffic that will use the highway. Public
interest and necessity require the proposed alteration in a "common
area", designated on Exhibit A as "New easement area", which of neces-
sity will be occupied as a common area by State and Santa Fe. (Exhibit
A, a blueprint, also contains an insert map designating "Location of
parcel to be condemned." This "common area", a portion of the Santa
Fe right of way, is contiguous to the existing underpass, and is in
Los Angeles County, the greater portion of the present underpass being
in the City of Torrance.)
Plans for the proposed construction have been prepared in coop-
eration with Santa Fe. Railway traffic will be routed over a shoofly
during construction. The shoofly will include a trestle over the
existing highway. State has obtained necessary temporary easements
for the construction, operation, and removal of the shoofly on parcels
of privately -owned property adjacent to the railroad right of way.
State and Santa Fe are not in agreement as to apportionment of
the cost of the widening and improvement of the crossing. Santa Fe,
after request, has refused State a right of entry to perform the
work of widening, reconstructing, and altering the existing grade
separation. The application, and the relief sought therein, are
stated to be under Chapter 6 of Fart 1 of Division 1 (sections 1201
through 1220) of the Public Utilities Code, and in particular under
section 1202.
Prayer of Amended Application. State makes four requests, as
follows:
1. That the Commission issue an order authorizing the widen-
ing and improvement of the existing crossing at separated grades.
2. That such order authorize the construction in accordance
with the allegations of the application and the attached plans, sub-
ject to such changes and additional terms and conditions as may be
provided for by such order.
-2-
3 That an interim order issue forthwith, authorizing State to
immediately prosecute the widening, reconstruction, and alteration,
and requiring Santa Fe to permit State to enter upon Santa Pets right
of way for such purposes, and further requiring Santa Fe to perform
and complete the railroad work necessary to permit State to proceed.
4. That following issuance of the interim order the Commission
apportion the costs to be borne by State and Santa Fe.
Summary of Motion to Dismiss. The application is premature.
Commission jurisdiction has not been properly invoked in that State
has not followed the jurisdictional procedures set up in the Public
Utilities Code relating to the condemnation of rights necessary in
connection with crossings at separated grades. Nor has State followed
the Commission's procedural rules relating to applications for cross-
ings or for apportionment of costs of grade separations. Although
the application is far from clear, State's intent is three -fold:
1. State desires permission to construct a highway across
Santa Fe's right of way at a separated grade.
2. State seeks to have the Commission apportion the cost of
such separation between State and Santa Fe.
3. Although not set forth in the application, it must be
assumed that State is endeavoring to condemn a right of way across
Santa Fe's tracks for a new highway.
To invoke the Commission's jurisdiction properly to accomplish
such purposes, State must make specified allegations and proof. In
order to condemn property, a petition must pray:
1. That the Commission fix the just compensation to be paid
for the acquisition of property specified in such a petition.
2. That the Commission designate the parties who shall pay
compensation, and the owners and claimants of the property condemned
to whom comnensation shall be paid.
3 That the Commission make its final order of condemnation.
Santa Fe also asserts that the application is uncertain and
_z-
ambiguous in certain respects.
Applicable Statutory Provisions. Section 1201 (1951 codifica-
tion of former section 43 (a)) provides in substance that no crossing
shall be constructed without prior Commission authorization. Under
sections 1202 through 1205 (codification of former section 43 (b))
the Commission has exclusive power to prescribe the terms of installa-
tion, use, and protection of each crossing; to alter, relocate, or
abolish crossings; and also to require grade separations, to prescribe
the terms upon which such separations shall be made; and to prescribe
the proportions in which the expense shall be divided between the
railroad and the State or other political subdivision affected.
Former section 43 (c) was codified as sections 1206 through
1220. Under section 1206 the Commission may fix the just compensation
to be paid for property taken or damaged in the separation of grades
at a crossing, or in the construction, alteration, or relocation of
grade separations, "and upon the payment of the compensation so fixed
may make a final order of condemnation." These powers may be exer-
cised by the Commission in connection with the taking or damage of the
property of public utilities, but not the private property of private
persons. (Chase Lumber Co. v Railroad Commission, 212 Cal. 691.)
Sections 1207 through 1218 set forth in detail the procedure
to be followed in an eminent domain proceeding before the Commission
under section 1206. Such a proceeding may be commenced by the filing
of a petition setting forth the purpose of the proceeding, the use for
which the property is sought to be taken, a description of such prop-
erty, and the names and addresses of all owners and claimants thereof.
The petition shall pray that the Commission fix the just compensation
to be paid for the property specified, designate the parties who s:"all
pay the compensation and the owners and claimants to whom the compen-
sation shall be paid, and make a final order of condemnation. (Sec.
1207.) The remaining sections specify the procedure to be followed
after the filing of such a petition.
-4-
•
Findings and Conclusions. The amended application herein
requests an interim order requiring Santa Fe to permit State to
enter upon Santa Fe's right of way for the purpose of prosecuting
the widening of the present grade separation. It indicates the
necessity of common occupancy of a new easement area on Santa Fe's
right of way and the location of the parcel to be condemned. How-
ever, the amended application is not sufficient to invoke the juris-
diction conferred upon the Commission by section 1206 of the Public
Utilities Code in that it is not a petition containing the essential
allegations and prayer as specified in section 1207.
If State desires to avail itself of the alternative remedy
of instituting an eminent domain proceeding before the Commission
under section 1206, it may file an appropriate petition for that
purpose. If State so desires, it may also institute a separate pro-
ceeding under sections 1202 through 1205, by the filing of a new
application seeking authorization for the widening of the grade
separation and apportionment of the costs thereof. However, the
two separate proceedings may not be instituted by the filing of a
single pleading. The statute contemplates separate proceedings.
Section 1207 provides that an eminent domain proceeding under section
1206 "may be made a part of any proceeding" for crossing authoriza-
tion and cost apportionment commenced under sections 1202 through
1205. Whether or not there should be a consolidation or incorpora-
tion by reference is a question to be decided after two such pro-
ceedings may have been commenced by the filing of appropriate separ-
ate pleadings.
Good cause appearing, IT IS ORDERED that Amended Application
No. 34844 is hereby dismissed without leave to amend. Such dismissal
is without prejudice to the filing of a new application under section:
-5-
1202 through 1205 of the Public Utilities Code, and without preju-
dice to the institution of a proceeding under section 1206 by the
filing of a petition in the form contemplated by section 1207.
Dated at San Francisco, California, this 6th day
of July, 1954.
PETER E. MITCHELL
President
JUSTUS F. CRAEMER
KENNETH POTTER
VERNE SCOGGINS
Commissioners
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