CLA MEMORANDUM FOR 4/13/07 IGR MEETING

Assignment No.: 07-04-0656 Council File No: 07-0002-S6 April 11, 2007

TO: Honorable Members, Intergovernmental Relations Committcc FROM: Gerr F. Miller.~ Chief Legislative Analyst

SUBJECT: Allensworth State Park

RECOMMENDATION: i. Ineludc in thc City's 2007-08 Legislative Program SUPPORT for lcgislation which would prcscrve Allensworth as a historical state park and an important piccc of California's Black history; and URGE the Tulare County Board of Supervisors to find another site for the dairy operation, as recommended by Resolution (Perr - Parks).

2. Include in the City's 2007-08 Lcgislative Program SUPPORT for AB 576 (Carter) which

would prohibit a person from opcrating an animal feeding operation within 5 milcs of the boundary of Colonel Allcnsworth State Historic Park in Tulare County.

SUMMARY: Allen Allensworth was born a slave in Louisville, Kentucky, in1842. When the Civil War commenced, Allensworth sought freedom by joining the Navy whcrc hc achicvcd the rank of first call pctty offcer before he was discharged. Coloncl Allcn Allensworth had seen many Afrcan Americans migrate west after the Civil War to cscape discrimination which inspired Allensworth to establish a placc whcrc Afrcan Americans could live and thrive without oppression. A small farming community in Tularc County was founded in 1908 by Colonel Allen Allensworth and a group of othcrs dedicated to improving the economic and social status of Afrcan Americans. Allensworth is the only California town to bc founded, financed and governed by African Americans. In 1976, a historic monument and public park were dedicated to the memory of Colonel Allcnsworth.

Many achievements and contributions that Afrcan Americans have made to the history and dcvelopment of California are recognized at Allensworth, Thc Tularc County Board of Supervisors is considering a proposal to locatc a dairy operation at the Allensworth historical site. Rcsolution (Pcrr - Parks) recommends that the City express its support for legislation which would preserve Allensworth as a historical state park and an important piece of California's Black history. The Resolution also recommends that the City urge the Tulare County Board of Supervisors to find another site for the dairy operation. Pursuant to the Resolution, the CLA recommcnds that the City express its support for AB 576 (Carter). Introduccd in February 2007, AB 576 would prohibit a person from operating an animal feeding operation within 5 miles of the boundar of Colonel Allcnsworth State Historic Park. AB 576 asserts that the location of an animal feeding operation in proximity to a state park presents a danger to the public health and safety, becausc of the potential harm to groundwater and the creation of a nuisance from the resulting stench and insects. The planned location of animal feeding operations would be dircctly adjacent to the Deparment of Parks and Recreation's Allcnsworth Ecological Reserve and associated mitigation parcels, and just south of the Pixley National Wildlife Rcfugc.

FISCAL IMPACT There is no impact on the General Fund.

BILL STATUS: Introduced 2/21/07 In Assembly Committee on Water, Parks and Wildlife; hearing sct for 4/18/07

Tricia Carey Legislative Analyst

Attachmcnts: i. Resolution (Perry - Parks) 2. AB 576 (Carter) INTERGOVERNMENTAL RESOLUTION RELATIONS i:

WHREAS, any offcial position of the City of with respect to legislation, rules~ regulations, or policies proposed to or pending before a local, stte, or federal governental body or agency must first have been adopted in the form of a Resolution by the City Council with the concurrence of the Mayor; and

WHREAS, Allen Allensworth was born a slave in Louisville, Kentucky, in1842; and

WHREAS, when the Civil War commenced, Allensworth sought freedom by joining the where he achieved the ran of first call pett officer before he was discharged; and

WHREAS, Colonel Allen Allenswort had seen many Afrcan Americans migrate west after the Civil War to escape discrimination which inspired Allensworth to establish a place where Afcan Amcricans could live and thrive without oppression; and

WHREAS, a small faning community in Tulare County was founded inl908 by Colonel Allen Allenswort and a group of others dedicated to improving the economic and social status of Afrcan Americans; and

WHREAS, Allensworth is the only California town to be founded, financed and governed by Afrcan Americans; and

WHREAS, in 1976, a historic monument and public park were dedicated to the memory of Colonel Allensworth; and

WHREAS, many achievements and contrbutions that Afrcan Americans have made to the history and development of California are recognized at Allenswort; and

WHREAS, the Tulare County Board of Supervisors is considering a proposal to locate a dairy operation at the Allensworth historical site; and

WHREAS, while serving in the State Senate in the 1960's, Assemblymember Dyally authored the Resolution which declared Allensworth as a Historical Site and Piece of Black History; and

WHEREAS, the City should join Assemblymember Dyally in urging the Tulare County Board of Supervisors to find another site for the dairy operation and preserve the historical state park;

NOW, THEREFORE, BE IT RESOLVED, with the concurrence of the Mayor, that by the adoption of this Resolution, the City of Los Angeles hereby includes in its 2007-2008 Legislative Program, SUPPORT for legislation which would preserve Allensworth as a historical e park and an important piece of California's Black history; and URGE the Tulare County Board 0 Su ervisors to find another site for the dairy operation.

PRESENTED BY: J C an'9th;~

DEe 2 0 2006 SECONDED BY: O/-ooo-i-~b iG¡ AB 576 Assembly Bill - INTRODUCED http://ww.lcginfo.ca.goy/pub/07-08/billasrnab_ 0551-0600/ab _576_ b...

BILL NUMBER, AB 576 INTRODUCED BILL TEXT

INTRODUCED BY Assembly Members Carter i Bass i Davis J Dymally i Price, Richardson, and Swanson (Principal coauthors: Senators Florez i Ridley-Thomas 1 and vincent)

(Coauthors: Assembly Members Parra and Portantino)

FEBRUARY 21, 2007

An act to add Section 5001.67 to the Public Resources Code, relating to state parks i and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

AB 576, as introduced, Carter. Colonel Allensworth State Historic Park: proximity to animal feeding operations. Existing law, provides for a state park system of which the Colonel Allensworth State Historic Park in Tulare County is a unit. This bill would prohibit a person from operating an animal feeding operation, as defined, or concentrated animal feeding operation, as defined, wi thin 5 miles of the boundary of Colonel Allensworth State Historic Park in Tulare County. The bill would make legislative findings as to the necessity of a special statute. This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENAC~' AS FOLLOWS,

SECTION 1. The Legislature finds and declares all of the following: (a) It is important that the state i s natural resources, including state parks and other places of ecological, cultural, and historicaJ significance, be protected. (b) The location of an animal feeding operation or concentrated animal feeding operation in proximity to a state park presents a danger to the public health and safety, because of the potential harm to groundwater and the creation of a nuisance from the resulting stench and insects. (c) The planned location of animal feeding operations or concentrated animal feedings operation in proximity to Colonel Allensworth State Historic Park in Tulare County present an incompatible land use. These facilities would be directly adjacent to the Department of l?a.rks and Recreation i s Allenswort.h Ecological Reserve and associated mi tigation parcels, and just south of the Pixley National vJildli£e Refuge. The facili ties are likely to take state and federally listed species of special concern and concern. There is likely to be degradation of groundwater that may be hydrologically and hydraulically connected to surface waters, wetlartds, or riparian habitat, due to the very shallow first encounter groundwater and the salts, nitrates, and other constituents of concern of the over 16,000 dairy cows. SEC. 2. Section 5001.67 is added to the Public Resources Code, to read: 5001.67. (a) For purposes of this section, the following defini tions apply,

1 of2 4/10/20071029 AM AB 576 Assembly Bill - INTRODUCED http://ww.leginfo.ca.gov/pub/07-08/hill/asm/ab_055i -0600/ab _576 _b...

(1) "Animal feeding operation" means the same as defined in Section 122.23(b)(1) of Title 40 of the Code of Federal Regulations. (2) "Concentrated animal feeding operation" means the same as defined in Section 122.23 (b) (2) of Title 40 of the Code of Federal Regulations. (b) A person shall not operate an animal feeding operation or concentrated animal feeding operation within five miles of the boundary of Colonel Allensworth State Historic Park in Tulare County.

SEe. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article iv of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to prevent a danger to the public health and safety and abate the creation of a nuisance from the location of animal feeding operations or concentrated animal feeding operations in proximity to the boundary of Colonel Allensworth State Historical Park in Tulare County as soon as possible, it is necessary that this act take effect immediately. SEC. 4. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article iv of the California Constitution as a result of the planned location of confined animal facilities within proximity to Colonel Allensworth State Historic Park in Tulare County.

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