BILL ANALYSIS �
-----------------------------------------------------------------
| |
| 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