BILL ANALYSIS �
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: acr 92
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: hall
VERSION: 3/12/14
Analysis by: Eric Thronson FISCAL: yes
Hearing date: May 6, 2014
SUBJECT:
Encroachment permit for a marquee in Wilmington
DESCRIPTION:
This resolution requests the Department of Transportation
(Caltrans) to issue an encroachment permit to enable an
appropriate party to place a marquee at 1345 West Pacific Coast
Highway (State Route 1) in the community of Wilmington in Los
Angeles.
ANALYSIS:
Existing law requires Caltrans to maintain and operate state
highways, including monuments and plaques placed in the highway
right-of-way. An encroachment permit allows someone other than
Caltrans to conduct activity, including installing permitted
structures, in the highway right-of-way. Caltrans issues
encroachment permits for the installation of billboards,
mailboxes, fences, monuments, and other structures.
According to its Encroachment Permits Manual (EPM), Caltrans may
issue encroachment permits without charge in two instances.
First, the EPM states that public corporations, such as state
and municipal governments, are exempt from paying encroachment
permit fees. Alternatively, Caltrans administratively waives
some encroachment permit fees for particular markers, such as:
Adopt-A Highway Program signs
United States and California state flags
Locally funded project identification signs
Native American Tribal Development signs
Memorial/historical plaques and Blue Star memorial
highway markers authorized by legislative resolution
This resolution :
Requests Caltrans issue an encroachment permit to enable
an appropriate party to place a marquee at 1345 West
ACR 92 (HALL) Page 2
Pacific Coast Highway (State Route 1) in the community of
Wilmington in Los Angeles.
Requires that the design and placement of the marquee be
consistent with Caltrans standards.
Requires that funding for the marquee be from nonstate
funds.
COMMENTS:
1.Purpose . According to the author, the purpose of this
resolution is to request Caltrans to issue a permit to allow
the installation of a monument, the Wilmington Marquee, at the
corner of Pacific Coast Highway and Figueroa Street. This
monument will give a sense of identity, improve civic pride,
and promote tourism to the Wilmington community.
2.Background . Wilmington is a historic neighborhood in South
Los Angeles that is home to 51,517 residents. Its history
dates back to a 1784 Spanish land grant; it was originally
called New San Pedro. In the mid 1800s, Phineas Banning
settled in the area and made great contributions to the town,
including the development of a wharf at the end of what is now
Avalon Boulevard. In recognition of Mr. Banning's
accomplishments, the city was renamed "Wilmington" after his
birthplace in Delaware. In 1909, the City of Los Angeles
annexed Wilmington.
3.Is this resolution intended to exempt the marquee from fees ?
According to the author's office, the only motivation for this
resolution is to demonstrate legislative support for the
concept of a marquee celebrating this historic neighborhood.
In the past, the Legislature has passed resolutions similar to
this one which, according to Caltrans' EPM, exempted the
encroachment permit fees for memorial or historical plaques.
This resolution, however, is not for a memorial or historical
plaque, and therefore does not appear eligible for an
administrative fee exemption from Caltrans. According to the
author's office, the appropriate party placing the marquee per
this resolution intends to pay any required encroachment fees
from nonstate sources.
Assembly Votes:
Floor: 77-0
ACR 92 (HALL) Page 3
Appr: 17-0
Trans: 14-0
POSITIONS: (Communicated to the Committee before noon on
Wednesday,
April 30, 2014)
SUPPORT: Plastic Tenders', Construction and General
Laborers' Local No. 802
Wilmington Historical Society
OPPOSED: None received.