BILL ANALYSIS                                                                                                                                                                                                    �






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: AB 2095
          SENATOR MARK DESAULNIER, CHAIRMAN              AUTHOR:  Campos
                                                         VERSION: 6/27/12
          Analysis by:  Eric Thronson                    FISCAL:  Yes
          Hearing date:  July 3, 2012



          SUBJECT:

          Highway signs 

          DESCRIPTION:

          This bill permits Caltrans to erect highway signs on the state 
          highway system directing motorists to notable communities, when 
          consistent with existing law, if in receipt of a resolution in 
          support from the county and a letter on non-opposition from the 
          city in which the community is located.

          ANALYSIS:

          Existing law assigns Caltrans the responsibility of operating 
          and maintaining the state highway system, including the 
          installation and maintenance of highway signs.  In administering 
          its duties, Caltrans developed guidelines to use when 
          considering whether to erect non-required signage along the 
          state's highways, in this case for "culturally unique and 
          historically significant communities."  In 2004, the Legislature 
          codified these guidelines in order to ensure consensus and that 
          state, local, and community interests all are represented and 
          respected.  

          Under existing law, Caltrans erects signs directing motorists to 
          these communities if all the following conditions are satisfied:

                 The name of the community has resulted from the 
               influence of a culture over a significant period of time;
                 The general public and media commonly recognize the name 
               of the community;
                 Signs are consistent with the signing requirements for 
               the state highway system;
                 The geographical boundary of the community is within 
               three miles of the state highway exit;
                 Directional signs are installed on the local streets or 
               roads prior to installation of signs on the state highway;




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                 The local jurisdiction provides funds from nonstate 
               sources that cover all costs; and
                 The local jurisdiction's governing body adopts a 
               resolution designating the name and geographical boundaries 
               of the community and requesting Caltrans to post the signs.

           This bill  permits Caltrans to erect highway signs on the state 
          highway system directing motorists to notable communities, when 
          consistent with existing law, if in receipt of a resolution in 
          support from the county and a letter on non-opposition from the 
          city in which the community is located.
          



          COMMENTS:

           1.Purpose  .  According to the author, San Jose is home to the 
            largest Vietnamese population outside of Vietnam.  The 
            Vietnamese community's economic, social, and cultural 
            contributions have benefited all city residents and tourists.  
            For several weeks, the author has tried to guide the City of 
            San Jose through the administrative process necessary to 
            enable Caltrans to erect the requested signage.  Santa Clara 
            County has passed a resolution in support of the directional 
            signs.  Unfortunately, political division on the city council 
            has stymied the city's efforts to convey to Caltrans its 
            support for the signs.  The city has provided a letter 
            clarifying that it does not oppose the signs, however.  Due to 
            the city's lack of leadership on this issue, the author 
            believes this bill is necessary to enable Caltrans to move 
            forward with the requested signage based upon the clear and 
            overwhelming support for such signage within the surrounding 
            community.

           2.What purpose do these types of signs really serve  ?  In 
            general, it is unclear what value cultural community 
            directional signs provide.  One reason for highway signs is to 
            direct motorists to locations they may otherwise not be able 
            to find.  Typically, those who wish to visit culturally unique 
            communities generally have those destinations in mind as they 
            travel and therefore do not need signs to find them.  It is 
            unclear whether casual travelers would benefit from signs 
            directing them to these specific communities.  Alternatively, 
            certain highway signs might be used to direct traffic to 
            neighborhoods for commercial purposes.  Some contend that such 




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            signs would have the effect of promoting particular commercial 
            developments over others at the expense of the larger, diverse 
            community.  This bill suggests that the signs provide 
            recognition to this particular community because of its 
            historical significance.  Highway signs seem like a relatively 
            minor way to recognize a community, given various alternatives 
            available such as billboards or the naming of streets and 
            other public facilities.

           3.What about local decision making  ?  As mentioned earlier, the 
            Legislature adopted the current law in order to give Caltrans 
            definitive direction relating to these types of signs, while 
            ensuring that every level of government is respected in the 
            process.  Without these statutory guidelines, Caltrans can be 
            placed in the difficult position of trying to satisfy 
            competing demands from different governmental entities.  For 
            example, prior legislation has urged Caltrans to put up signs 
            even in the face of local opposition.  In order to avoid such 
            scenarios, the Legislature included in law the requirement 
            that the local jurisdiction adopt a resolution in support of 
            the erection of signs.  This bill maintains some local control 
            on this process, while allowing Caltrans to legally erect the 
            requested signs.

           4.Senate Rule 29.10  .  When this bill passed Senate Education 
            Committee in May, it related to reporting requirements for the 
            California Interscholastic Federation. The author deleted 
            those provisions on the Senate Floor and inserted the current 
            version of the bill.  Because of these amendments, the Senate 
            Rules Committee referred this bill back to this committee for 
            a hearing under Senate Rule 29.10, which provides that this 
            committee may by a majority vote do any of the following:  (1) 
            hold the bill; (2) return the bill as approved by the 
            committee to the Senate Floor; (3) rerefer the bill to the 
            Committee on Appropriations.
          
          Assembly Votes: 

               Previous votes are not relevant.
          POSITIONS:  (Communicated to the committee before noon on 
          Wednesday,                                             June 27, 
          2012)

               SUPPORT:  City of San Jose - Councilmember Xavier E. Campos
                         Little Saigon San Jose Foundation
                         Santa Clara County




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                         Santa Clara County Supervisor - Dave Cortese
                         Vietnamese-American Community of Northern 
          California

               OPPOSED:  None received.