HomeMy WebLinkAbout13 LEGISLATIVE REPORTAGENDA REPORT
MEETING DATE: MAY 21, 2013
TO:
FROM:
SUBJECT:
Agenda Item
Reviewed:
City Manager
Finance Director
JEFFREY C. PARKER, CITY MANAGER
ERICA RABE, CITY CLERK SERVICES SUPERVISOR
LEGISLATIVE REPORT
13
SUMMARY:
Staff has prepared the following letters for Council's consideration:
• Support of Assembly Bill 229 — Infrastructure and Revitalization Financing
Districts
• Opposition to Assembly Bill 667 - Land Use: Development Project Review:
Superstores
• Opposition to Senate Bill 323 — Youth Equality Act 2013
RECOMMENDATION:
Pleasure of the Council.
May 8,2013
The Honorable John A. Perez
Speaker, California State Assembly
State Capitol
Sacramento, CA 95814
RE: Assembly Bill 229 — Support (As Amended April 8, 2013)
Dear Speaker Perez:
On behalf of the City of Tustin, I am pleased to support your Assembly Bill 229, relating to Infrastructure
and Revitalization Financing Districts. As home to a former Marine Corps Air Station ( "MCAS "), Tustin
is quite familiar with the significant economic challenges associated with military base closures. With the
dissolution of Redevelopment, those challenges have increased.
We agree with the Speaker in his recognition that military base closures pose economic, environmental
and land -use problems such as toxic waste clean -up, loss of business and reduction in tax revenues. In
1996, the State Legislature recognized these same unique challenges when they passed AB 2736, Military
Base Conversion urgency legislation that provided a means to mitigate the economic and social
degradation faced by communities with closing military bases. In addition, the State Legislature passed
SB 1861, urgency legislation specific to MCAS Tustin.
The dissolution of Redevelopment has eliminated a vital and effective economic development tool. As
you know, AB 229 would authorize a military base reuse authority to form an Infrastructure and
Revitalization Financing District. As the Federally- recognized Local Redevelopment Authority, this new
tool is critical for our City in financing projects and facilities and developing our former military base.
As the Speaker has noted, AB 229 provides military base reuse authorities with a financing tool necessary
to respond to the infrastructure and economic development requirements of a post - redevelopment world.
For these reasons, the City of Tustin applauds the Speaker for recognizing and responding to a critical,
economic development gap facing former military bases and supports your AB 229. If you have any
questions regarding our position on this issue or if there is any opportunity for Tustin to serve as a
resource in the ongoing policy process, please do not hesitate to call me at 714.573.3012.
Sincerely,
Elwyn A. Murray
Mayor
Cc: The Honorable Assemblyman Don Wagner
The Honorable State Senator Mimi Walters
May 14, 2013
The Honorable Mike Gatto
Chair, Assembly Committee on Appropriations
State Capitol, Room 2114
Sacramento, California 95814
SUBJECT: AB 667 (HERNANDEZ) LETTER OF OPPOSITION
Dear Assemblymember Gatto:
The City of Tustin has reviewed Assembly Bill (AB) 667, and is in opposition to the bill. AB 667
requires an exhaustive economic impact report for "superstores" in "economic assistance areas."
The economic impact report proposed in AB 667 exceeds what is already required by state law,
which currently provides for extensive public input and environmental review. The legislation has
the potential to create significant delays in the local planning and approval process, restrain
government resources, and delay the advancement of job creation.
"Superstore" is narrowly defined as a business establishment larger than 90,000 square feet that
sells a wide range of consumer goods and devotes at least 10,000 square feet of the total floor
area to selling non - taxable food items. Interestingly, discount warehouses and retail stores (with
no square foot limitations) which sell more than half of their items in bulk and require a
membership fee, are exempt from this measure.
"Economic assistance areas" include existing economic development areas, targeted tax areas,
redevelopment areas identified by any successor agency or recipients of over $100,000 of
financial assistance. As defined, financial assistance includes many economic development tools
used by cities — any appropriation of public funds, tax incentives, below market rate sale or lease,
or fee adjustments.
Under AB 667, the city must cause to be prepared, at the project applicant's expense, a lengthy
economic impact report assessing 15 detailed conditions. The conditions include, but are not
limited to, whether or how the superstore:
• Will meet the purposes of any designated economic assistance area;
• Will affect supply and demand for retail space in the impact area;
• Will affect employment in the impact area; and,
• Will cause a decrease in low or moderate - income housing or destruction of parks,
playgrounds, child care facilities, or community centers or create any other economic
impacts or blight.
Regardless of whether the conditions being assessed are considered valid, the bill further
discriminates by not subjecting other large retail establishments to the same extensive review. By
singling out a specific type of large retailer to endure such rigorous analysis, while excluding
others with similar regional and local impacts, AB 667 would essentially undermine local land use
discretion and authority.
With California's economy in the process of recovery, and millions remaining out of work, the bill
would subject local development projects to delay and expense if the project is considered a
superstore. The bill would make large -scale development projects increasingly difficult for the
applicant to finance, and reduce investment and job growth in California.
For these reasons, the City of Tustin opposes AB 667. Thank you for your consideration, and if
you have any questions, please contact Elizabeth Binsack, Director of Community Development,
at (714) 573 -3031 or ebinsack@tustinca.org.
Sincerely,
Elwyn A. Murray, Mayor
City of Tustin
May 8, 2013
The Honorable John A. Perez
Speaker, California State Assembly
State Capitol
Sacramento, CA 95814
RE: Senate Bill 323 — Opposition
Dear State Senator Lara:
The City of Tustin has reviewed and taken a position to oppose Senate Bill 323 which was introduced by
your office regarding tax exempt organizations and discrimination. We are a community made up of
proud citizens, families, business owners, and alike. However, we also take pride in civic organizations to
which arguably, have given back to the City of Tustin an enormous amount of money, resources,
knowledge, and in -kind contributions throughout its incorporation.
Further, many of these civic organizations are private and are authorized to allow for their membership
guidelines to be non - restricted or to include specific criteria to which membership is granted. As a whole,
our community does not support over regulation by government and we believe that this bill would only
accomplish what the State envisions private/civic organizations should characterize themselves as; in
addition, the fiscal impact to some civic organizations may cause them to disband.
For the aforementioned reasons, the City of Tustin opposes this bill. If you have any questions regarding
our position on this issue or if there is any opportunity for Tustin to serve as a resource in the ongoing
policy process, please do not hesitate to call me at 714.573.3012.
Sincerely,
Elwyn A. Murray
Mayor
Cc: The Honorable Assemblyman Don Wagner
The Honorable State Senator Mimi Walters