BILL ANALYSIS �
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: sb 443
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: strickland
VERSION: 4/26/11
Analysis by: Mark Stivers FISCAL: yes
Hearing date: May 3, 2011
SUBJECT:
Orcutt veterans memorial
DESCRIPTION:
This bill requires the Department of Transportation (Caltrans),
to the extent that non-state funds are available for this
purpose, to erect a veterans memorial in the state-owned park
and ride lot on State Highway Route 135 in Orcutt in Santa
Barbara County.
ANALYSIS:
Current law authorizes various memorials on state-owned
property, mostly in Capitol Park. These authorizations include:
A search and rescue volunteer memorial in Capitol Park that
the California State Sheriffs Search and Rescue Coordinators
may construct with the approval of the Department of General
Services (DGS) and a state-appointed Search and Rescue
Memorial Review Committee.
A purple heart memorial in Capitol Park that the Military
Order of the Purple Heart may construct with the approval of
DGS and a state-appointed Purple Heart Memorial Review
Committee.
A crime victims memorial in Capitol Park that the California
Crime Victims' Memorial Foundation may construct with the
approval of DGS and a state-appointed California Crime Victims
Memorial Review Committee.
A genocide survivors memorial in Capitol Park that the
state-appointed International Genocide Memorial Commission may
construct with the approval of DGS.
A California firefighters memorial in Capitol Park that the
California Fire Foundation constructed with the approval of
DGS and the Historic State Capitol Commission.
A Vietnam veterans memorial in Capitol Park that the
state-appointed Vietnam Veterans Memorial Commission
SB 443 (STRICKLAND) Page 2
constructed. The commission is staffed by the Department of
Veterans Affairs.
A California Mexican American Veterans memorial in Capitol
Park that the California Mexican American Veterans Memorial
Beautification and Enhancement Committee may construct. The
committee is staffed by the Department of Veterans Affairs.
A Bodega Bay Fisherman Memorial that the Department of Parks
and Recreation may construct on its lands at the head of
Bodega Bay, in consultation with the Pacific Coast Federation
of Fishermen's Association.
All of these memorials must be constructed and maintained with
non-state funds. With respect to the DGS-supervised memorials
constructed by private entities in Capitol Park, current law
requires DGS to perform all of the following duties:
Review the preliminary design plans to identify potential
maintenance and safety concerns and to ensure compliance with
the Americans with Disabilities Act.
Review and approve proper California Environmental Quality Act
documents.
Approve the final design of the memorial.
Review final construction documents to ensure that all
requirements are met.
Prepare the right-of-entry permit outlining the final area of
work, final construction documents, construction plans, the
contractor hired to perform the work, insurance, bonding,
provisions for damage to state property, and inspection
requirements.
Prepare a maintenance agreement outlining the sponsors'
responsibilities for the long-term maintenance of the
memorial.
Inspect the construction performed by the contractor.
This bill requires Caltrans, if non-state funds are available
for all associated costs, including planning, construction,
future repair, and on-going maintenance, to erect a veterans
memorial in the state-owned park and ride parking lot at the
Clarke Avenue West exit from State Highway Route 135 in Orcutt
in consultation with the Old Town Orcutt Revitalization
Association. The bill authorizes Caltrans to enter into
agreements with the Old Town Orcutt Revitalization Association
for any aspect of the project.
COMMENTS:
SB 443 (STRICKLAND) Page 3
1.Purpose of the bill . The Old Town Orcutt Revitalization
Association has researched and designed a memorial to honor
veterans. The association sought permission from Caltrans to
locate this memorial in the park-and-ride lot off of State
Highway 135 in Orcutt. The association believes this is the
perfect location for the memorial because it is visible from
the highway and easily accessible by the public. In March of
2011, Caltrans denied the necessary encroachment permit.
According to the author, the proposed memorial is a fitting
tribute to the men and women who have served our country, a
way to remember those who have put their lives on the line for
the freedoms we enjoy today, a way to encourage our children
to learn about our veterans and the sacrifices they have made,
and a way for the community to come together and celebrate and
honor these brave men and women. To avoid the need for an
encroachment permit, this bill requires Caltrans to undertake
the project in consultation with the Old Town Orcutt
Revitalization Association.
2.Encroachment permit denied . In a March 7, 2011 letter to the
Old Town Orcutt Revitalization Association, the sponsor of the
Orcutt memorial, Caltrans declined to issue the necessary
encroachment permit application stating, "We believe that our
decision is in compliance with the case Brown v. California
Department of Transportation that all requests for
encroachment on State right of way be treated equally."
Caltrans offered other programs to commemorate military
personnel, including memorial plaques and Blue Star memorial
markers.
In the case cited by the department, the United States
District Court enjoined Caltrans from permitting flag displays
while prohibiting other expressive displays on highway right
of way. The court stated, "Caltrans must enforce its
permitting and maintenance rules and regulations on a content
neutral and viewpoint neutral basis." This bill obviates the
need for a permit by making the memorial a Caltrans project.
3.Land sale an option . To the extent that the portion of the
park and ride lot proposed for the memorial is not needed for
commuters, an alternative approach may be for Caltrans to
declare that portion of the parcel surplus and sell it. While
current law would not allow Caltrans to sell it directly to
the Old Town Orcutt Revitalization Association without
accepting other bids, the parcel fragment is unlikely to have
many other uses, and the association would be allowed to bid
SB 443 (STRICKLAND) Page 4
against any other interested party.
PREVIOUS VOTES:
Senate Veterans Affairs Committee: 8-0
POSITIONS: (Communicated to the Committee before noon on
Wednesday, April 27,
2011)
SUPPORT: Old Town Orcutt Revitalization Association
(sponsor)
OPPOSED: None received.