BILL ANALYSIS Ó ----------------------------------------------------------------- | | | SENATE COMMITTEE ON NATURAL RESOURCES AND WATER | | Senator Fran Pavley, Chair | | 2011-2012 Regular Session | | | ----------------------------------------------------------------- BILL NO: AB 1916 HEARING DATE: June 12, 2012 AUTHOR: Buchanan URGENCY: Yes VERSION: May 3, 2012 CONSULTANT: Katharine Moore DUAL REFERRAL: No FISCAL: Yes SUBJECT: State parks: operating agreements: Mount Diablo State Park BACKGROUND AND EXISTING LAW The Department of Parks and Recreation (department) has jurisdiction over and manages the state park system in California (Public Resources Code (PRC) §§ 5000 et seq.) The department is authorized to receive gifts for any purpose connected with the park system, and enter agreements with others for the cleanup, repair or enhancement of a system unit or facility. The department is also authorized to enter into operating agreements with nonprofit organization to operate a unit or units of the state park system if the agreement will enable the state to keep open a state park that would otherwise be subject to closure. Additionally, the department has repeatedly been authorized to enter into operating agreements with non-profit organizations to operate specific units of the state park system (e.g. PRC § 5080.41). Mount Diablo State Park was created by the Legislature in 1921 and is one of the oldest state parks. A beacon - the "Eye of Diablo" - was installed on top of Mt. Diablo in 1928 by Standard Oil of California to aid aerial navigation. Noted aviator Charles Lindbergh lit the beacon for the first time and it could be observed over 100 miles away. After the attack on Pearl Harbor, the beacon was shut-off on December 8, 1941 in observance of the west coast black-out. In 1964, the beacon was restored by a group of local engineers, and, on December 7of that year, Fleet Admiral Chester W. Nimitz, the Commander in Chief of Pacific Forces during World War II, turned the beacon on again to commemorate the survivors of the bombing of Pearl Harbor. The Pearl Harbor Survivors' Association (association) has continued to memorialize the "day that will live in infamy" 1 every year since by holding a ceremony to light the beacon on December 7. In recent years, Save Mt. Diablo has partnered with the association to co-sponsor the ceremony. Save Mt. Diablo is a nonprofit 501(c) organization, founded in 1971, dedicated to preserving Mt. Diablo's peaks and the surrounding foothills to protect the mountain's natural beauty, biological diversity, and historic and agricultural heritage. Save Mt. Diablo has a demonstrated history of successfully organizing volunteer activities to support the park, such as trail maintenance, and raising capital to, for example, pay for land acquisitions. Lately, the aging beacon has fallen into disrepair and is currently inoperable. The beacon now needs to be repaired in order for the lighting ceremony to continue. Given the challenging state financial environment, the department cannot afford to repair the beacon. PROPOSED LAW This bill would: Make numerous legislative findings describing the distinguished history of Mount Diablo State Park, the beacon and the historical and cultural significance of the annual lighting ceremony. Permit the department to enter into a restoration agreement with Save Mt. Diablo for the purpose of restoring the beacon, subject to specified requirements including adherence to historic restoration guidelines, an audit when the restoration is completed by a conservator, all costs will be borne by Save Mt. Diablo, and the restoration work will be performed primarily by volunteers, although professional help is allowed. Justify the need for a special law based upon the unique circumstances of the beacon. ARGUMENTS IN SUPPORT According to the author, "The annual lighting of the Mt. Diablo beacon is an important reminder of a significant time in our history. It should be restored and kept operational." The author continues, "Save Mount Diablo has a network of volunteers with the background and expertise to lead the project to restore the beacon to operating condition, preserving its historic value and supporting the commemoration of Pearl Harbor Day. Save Mount Diablo has raised the funds to complete this project." 2 Many project proponents echo the sentiment expressed by City Councilman Phil O'Loane of San Ramon, "The dwindling of the Pearl Harbor Survivor's Association membership and reduced State Parks funding makes it imperative to have another party take up the responsibility for maintenance of this beacon. Save Mount Diablo is a group well placed to carry on these duties with a skilled volunteer core and a mission to preserve Mount Diablo for all of us." COMMENTS This bill is an urgency measure in order for the planned restoration to be completed in time for the 2012 annual ceremony. SUPPORT Save Mt. Diablo (sponsor) Contra Costa Council Councilman Phil O'Loane, City of San Ramon East Bay Regional Park District Mayor Bob Simmons, City of Walnut Creek Pearl Harbor Survivors Sons and Daughters of Pearl Harbor Survivors Supervisor Karen Mitchoff, Contra Costa County Supervisor Mary Nejedly Piepho, Contra Costa County 1 individual OPPOSITION None Received 3