BILL ANALYSIS �
AB 1825
Page 1
Date of Hearing: April 24, 2012
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared Huffman, Chair
AB 1825 (Garrick) - As Amended: March 29, 2012
SUBJECT : State Parks; Moonlight State Beach; "Save the Ocean"
Mosaic
SUMMARY : Authorizes the City of Encinitas to authorize the
placement of a "Save the Ocean" mosaic artwork in a state park
located in Encinitas. Specifically, this bill :
1)Authorizes the governing body (city council) of the city of
Encinitas to authorize the placement of a piece of mosaic
artwork known as the "Save the Ocean" mosaic in a state park
known as Moonlight State Beach located in the city of
Encinitas, if the mosaic is donated to the city and the
construction, placement and maintenance of the mosaic are
funded with private donations.
2)Provides that the approval of the Department of Parks &
Recreation (DPR) is not required for placement of this mosaic
artwork in the state park.
EXISTING LAW :
1)Establishes the California State Park system and vests DPR
with control of the state park system and responsibility for
administering, protecting, developing and interpreting state
parks for the use and enjoyment of the public. Requires DPR
to protect the state park system from damage and to preserve
the peace therein.
2)Authorizes DPR to enter into operating agreements with local
governments to operate and maintain a unit or units of the
state park system, pursuant to the provisions of the
agreement.
FISCAL EFFECT : Nonfiscal
COMMENTS : This bill involves a large approximately 12 foot by
12 foot original mosaic artwork known as the "Save the Ocean"
mosaic which depicts a figure of the Virgin of Guadalupe surfing
on a surfboard with the words "Save the Ocean." The artist and
AB 1825
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the City of Encinitas would like to have the artwork installed
in a state park located within the city of Encinitas known as
Moonlight State Beach. Moonlight State Beach is a unit of the
state park system which is under the jurisdiction of the state
Department of Parks & Recreation.
The park is currently operated by the City of Encinitas pursuant
to an operating agreement with DPR. However, the park remains a
state asset, is owned by the state, and visitors to the park are
made aware that they are visiting a state park. The provisions
of the operating agreement include the following clause, which
is typical of operating agreements DPR has with other park
operators:
"In the event the City desires to make modifications,
improvements, or additions to the Premises or any part of the
Premises, including changes to structural design, landscape
design, or interior or exterior fixtures, design and/or
furnishings, (collectively "Alteration(s)"), written approval by
the State shall be obtained in the conceptual plan stage, and
prior to the commencement of any alterations."
In this case, the Department denied approval for the mosaic to
be installed at the state park after receiving an opinion from
the state Attorney General's office that the installation of the
mosaic on state park property would violate the No Preference
Clause of the California Constitution, Article 1, Section 4, due
its religious nature. The author's office has provided a legal
analysis from an attorney with the Paul Hastings law firm which
disagrees with the Attorney General's opinion and asserts that
placement of the artwork in a state park would not violate the
no preference clause of the Constitution. The author asserts
this bill is needed to allow the city of Encinitas to place the
donated artwork at Moonlight Beach State Park. The Encinitas
City Council voted unanimously on January 25, 2012 to approve
placement of the mosaic at the park. The author states that
"the mosaic depicts the Virgin of Guadalupe, an iconic figure,
on a surf board with the message "SAVE THE OCEAN." San Diego
County is rich in symbolism from the Mexican culture, which the
Virgin of Guadalupe hails from," and asserts that the artwork
was not intended to be religious.
In addition to the constitutional concerns, this bill attempts
to circumvent the Department's jurisdiction by authorizing the
city to install the artwork over the Department's objection. In
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light of the fact that the state park in question remains a
state asset, the control of and responsibility for which the
Legislature has vested with the Department of Parks &
Recreation, the committee may wish to consider whether it is
appropriate that the city be authorized to override the
Department's management decisions, regardless of the artistic
merit of the artwork. This bill would also have the effect of
modifying the terms of the contract between the state and the
city. While local/state partnerships can be a beneficial model
for state park management, which the Legislature has authorized
and encouraged, this bill would give unilateral authority to the
city to take actions over the objection of DPR.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096