BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1916|
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CONSENT
Bill No: AB 1916
Author: Buchanan (D), et al.
Amended: 5/3/12 in Assembly
Vote: 27 - Urgency
SENATE NATURAL RESOURCES & WATER COMM. : 9-0, 6/12/12
AYES: Pavley, La Malfa, Cannella, Evans, Fuller, Kehoe,
Padilla, Simitian, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 70-0, 5/25/12 (Consent) - See last page
for vote
SUBJECT : State parks: operating agreements: Mount
Diablo State Park
SOURCE : Save Mount Diablo
DIGEST : This bill authorizes the Department of Parks and
Recreation (DPR) to enter into an agreement with the
private nonprofit, Save Mount Diablo, for restoration of
the Mount Diablo Beacon; specifies that Save Mount Diablo's
work shall meet historic preservation standards and shall
be audited by a conservator company; and specifies that all
restoration costs are to be covered by Save Mount Diablo.
ANALYSIS :
Existing law:
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1. Authorizes DPR to enter into operating agreements with
nonprofit organizations 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.
2. Authorizes DPR to accept funds from any person or
organization for maintenance and operation, on a
nonprofit basis, of a state park unit or facility.
Authorizes DPR to enter into agreements to accept
services for the repair or enhancement of a state park
unit or facility.
This bill:
1. Makes 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.
2. Permits DPR to enter into a restoration agreement with
Save Mount 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 Mount Diablo, and the
restoration work will be performed primarily by
volunteers, although professional help is allowed.
3. Justifies the need for a special law based upon the
unique circumstances of the beacon.
Background
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 Mount 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
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group of local engineers, and, on December 7 of 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" every year since by holding a ceremony
to light the beacon on December 7. In recent years, Save
Mount Diablo has partnered with the Association to
co-sponsor the ceremony. Save Mount 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
Mount 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/26/12)
Save Mount Diablo (source)
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
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."
ASSEMBLY FLOOR : 70-0, 5/25/12
AYES: Achadjian, Alejo, Allen, Ammiano, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Cedillo,
Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng,
Feuer, Fong, Furutani, Beth Gaines, Galgiani, Garrick,
Gatto, Gordon, Gorell, Hagman, Halderman, Harkey,
Hayashi, Roger Hern�ndez, Hill, Huber, Hueso, Huffman,
Jeffries, Jones, Lara, Logue, Bonnie Lowenthal, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, V. Manuel P�rez, Portantino,
Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Wieckowski, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Atkins, Bill Berryhill, Fletcher,
Fuentes, Grove, Hall, Knight, Ma, Perea, Silva
CTW:m 6/26/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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