BILL ANALYSIS                                                                                                                                                                                                    Ó





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          |                                                                 |
          |         SENATE COMMITTEE ON NATURAL RESOURCES AND WATER         |
          |                   Senator Fran Pavley, Chair                    |
          |                    2011-2012 Regular Session                    |
          |                                                                 |
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          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" 
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          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."
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          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


















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