HomeMy WebLinkAbout4.5 - 2602 Outcome Reports on Economic Development Sub
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STAFF REPORT
CITY COUNCIL
DATE: May 21, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Public Hearing - Outcome Reports on Economic Development Subsidies
Provided to Regency Village at Dublin, LLC and Pacific Catch, Inc.
Prepared by: Suzanne Iarla, Management Analyst II
EXECUTIVE SUMMARY:
The City Council will hold a required public hearing to receive comments on the
outcomes of the first five-year period of two economic development b usiness incentives
- the sewer capacity rights agreement with Regency Village at Dublin, LLC, and the
sewer capacity rights agreement with Pacific Catch, Inc.
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate, and accept the report.
FINANCIAL IMPACT:
There is no financial impact associated with the public hearing.
DESCRIPTION:
The City of Dublin offers a number of economic development business incentives to
encourage economic vitality. As a result of the adoption of California Assembly Bill 562
(2013), effective January 1, 2014, Government Code 53083 requires cities or counties
granting economic development subsidies of $100,000 or more to provide public
notification and a hearing regarding the subsidy which includes: name of beneficiary;
subsidy amounts; beginning and ending dates; a projection of the tax revenues
generated and lost; and an estimate of the number of jobs that will be created.
Additionally, a report and public hearing on the outcome including amounts expended or
lost, jobs created, and net new revenues is required within the first five years of the
subsidy and an additional report and hearing is required at the conclusion of the subsidy
if granted for 10 years or more.
This public hearing is regarding two economic development incentive subsidies:
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• Sewer Capacity Rights to Regency Village at Dublin, LLC
• Sewer Capacity Rights to Pacific Catch, Inc.
The City of Dublin, in partnership with Dublin San Ramon Services District (DSRSD),
created the Sewer Capacity Assistance Program (Program) in 2010. The Program
allows the City to offer an economic development incentive in the form of a credit of
Dwelling Unit Equivalents (DUEs), towards the DSRSD sewer connection fees levied on
the business or property owner. The Program was most recently amended on April 16,
2019 per Resolution 34-19 (Attachment 1).
Sewer Capacity Rights to Regency Village at Dublin, LLC
In 2014, through the City’s program, the City assisted Regency Village at Dublin, LLC
with 15.02 DUEs, which had a value of $242,258. The economic development incentive
subsidy is described in the “Amended and Restated Agreement Permitting Re -
Allocation of Regional and Local Sewer Capacity Rights” (effective April 15, 2014 and
amended and restated on September 12, 2016).
In compliance with California Government Code Section 53083, Staff prepared and
made publicly available the “Outcome Report on Economic Development Subsidy
provided by the City of Dublin to Regency Village at Dublin, LLC.” (Attachment 2). This
report states the outcome of the impact of the first five years of the subsidy including
amounts expended or lost, jobs created and net new revenues.
Sewer Capacity Rights to Pacific Catch, Inc.
Also, in 2014, through the City’s program, the City assisted Pacific Catch, Inc. with 8.44
DUEs, which had a value of $140,535. The economic development subsidy to Pacific
Catch, Inc. is described in the “Agreement Permitting Re-Allocation of Regional and
Local Sewer Capacity” (effective September 16, 2014).
In compliance with California Government Code Section 53083, Staff has prepared and
made publicly available the “Outcome Report on Economic Development Subsidy
provided by the City of Dublin to Pacific Catch, Inc.” This report states the outcome of
the impact of the first five years of the subsidy including amounts expended or lost, jobs
created and a statement about tax revenue related to the subsidy (Attachment 3).
STRATEGIC PLAN INITIATIVE:
N/A
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The public hearing was noticed in the East Bay Times on Saturday, May 11, 2019 and
posted at several locations throughout the City.
The two outcome reports were made available to the public via the City’s website at
www.dublin.ca.gov/1552 on Friday, May 10, 2019. The report for each subsidy was also
provided to the parties named in each subsidy’s agreement.
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ATTACHMENTS:
1. Resolution 34-19 Allocating Additional Dwelling Unit Equivalents of Sewer Capacity
And Amending the City's Sewer Capacity Assistance Program
2. Outcome Report on Economic Development Subsidy Provided by the City of Dublin
to Regency Village at Dublin, LLC.
3. Outcome Report on Economic Development Subsidy Provided by the City of Dublin
to Pacific Catch, Inc.
RESOLUTION NO. 34— 19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ALLOCATING ADDITIONAL DWELLING UNIT EQUIVALENTS OF SEWER CAPACITY AND
AMENDING THE CITY'S SEWER CAPACITY ASSISTANCE PROGRAM
WHEREAS, on May 4, 2010, the City Council adopted Resolution 53-10 approving a Letter
Agreement with the Dublin San Ramon Services District (DSRSD) for the Administration of Unused
Sewer Capacity for the City of Dublin; and
WHEREAS, the Program, as adopted by the City Council, allows the City to provide a credit of
up to twenty-five percent (25%) of the DSRSD connection fees that would otherwise be paid by the
applicant; and
WHEREAS, on May 21, 2013, the City Council adopted Resolution 67-13 amending the Sewer
Capacity Assistance Program by establishing criteria for the allocation of a higher percentage based
on user type and location, and an allocation of 30 Dwelling Unit Equivalents (DUE) to the Downtown
Specific Plan area, and
WHEREAS, on March 18, 2014, the City Council adopted Resolution 33-14 amending the
Sewer Capacity Assistance Program by removing the set-aside allocation of DUE in the Downtown
Specific Plan area, and broadening the program to include all Priority Development Areas as areas
that are eligible to receive a higher percentage of sewer capacity allocation based on user type and
location; and
WHEREAS, on September 16, 2014, the City Council adopted Resolution 161-14 amending
the City's Sewer Capacity Assistance Program and established the criteria for program
implementation including the percentage of DUEs available citywide per user type and square
footage noted in the table below:
Maximum Amount of DUE assistance available
User Type ._.», .. citywide based on square footage
Greater than 5,000 sf- 50%
Fine Dining Between 3,500 and 5,000 sf- 75%
Less than 3,500 sf- 100%
Casual Dining
Greater than 5,000 sf- 25%
excluding fast food) Between 3,500 and 5,000 sf- 50%
Less than 3,500 sf- 75%
Specialty Food Greater than 5,000 sf- 50%
Coffee, Deli, Bakery, etc.)
Between 3,500 and 5,000 sf- 75%
Less than 3,500 sf- 100%
Entertainment/Nightlife Greater than 5,000 sf- 50%
Wine Bars/Taprooms, etc.)
Between 3,500 and 5,000 sf- 75%
Less than 3,500 sf- 100%
Reso No. 34-19, Adopted 4/16/2019, Item 4.9 Page 1 of 2
WHEREAS, the City currently has approximately 18 DUEs of sewer capacity unallocated; and
WHEREAS, on September 18, 2018, the City Council approved a Work Plan for Downtown
Dublin, which identified making changes to the Sewer Capacity Assistance Program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby allocate approximately 18 DUEs of sewer capacity into the Sewer Capacity Assistance
Program and establishes a preference for those DUEs to be used in the Downtown Dublin Specific
Plan area; however, applications for assistance elsewhere could be considered on a case-by-case
basis.
PASSED, APPROVED AND ADOPTED this 16th day of April 2019, by the following vote:
AYES: Councilmembers Goel, Hernandez, Josey, Kumagai and Mayor Haubert
NOES:
ABSENT:
ABSTAIN:
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alter
ATTEST:
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City Clerk
Reso No. 34-19, Adopted 4/16/2019, Item 4.9 Page 2 of 2
CITY OF DUBLIN
2019 REPORT ON ECONOMIC DEVELOPMENT SUBSIDY
PROVIDED TO REGENCY VILLAGE AT DUBLIN, LLC.
The purpose of this report is to provide the information required by California Government
Code Section 53083 in regards to an economic development subsidy provided by the City
pursuant to an Agreement by and between the City of Dublin and Regency Village at
Dublin, LLC.
Within the first five years of the term of the economic development subsidy, the City of
Dublin must provide all of the following information in written form and available to the
public and through the City’s website and hold a public hearing to consider any written or
oral comments on the information contained in the report. This report shall remain
available to the public and posted on the City’s website until the end date of the economic
development subsidy on June 8, 2025.
The public hearing to consider any comments on the information contained in this report
will be held at the following time and place:
Dublin City Council Meeting
Tuesday, May 21, 2019 at 7:00 p.m.
Council Chamber, 100 Civic Plaza, Dublin CA 94568
At the conclusion of the economic development subsidy (in 2025), the City of Dublin is
obligated to provide another report and hold another public hearing .
2019 REPORT ON ECONOMIC DEVELOPMENT SUBSIDY
PROVIDED TO REGENCY VILLAGE AT DUBLIN, LLC.
Statement of the public purposes for the economic development subsidy:
The public purposes for the economic development subsidy are to:
• continue to expand and enhance economic opportunities for businesses in the City
• continue to expand the City’s employment base, and
• continue to generate hereinafter defined Sales Tax that the City can utilize to fund
general governmental services such as police, fire, street maintenance, and parks
and recreations programs.
1. The name and address of all corporations or any other business entities, except
for sole proprietorships that are beneficiary of the economic development subsidy:
The City continues to provide financial assistance in the form of an economic
development subsidy to Regency Village at Dublin, LLC as described in the
Amended and Restated Agreement Permitting Re-Allocation of Regional and Local
Sewer Capacity Rights (“Agreement”).
Regency Village at Dublin is the owner of the Persimmon Place retail shopping
center. Additional businesses that benefit from the economic development subsidy
include past and current tenants of the shopping center.
• Regency Village at Dublin, LLC - 2999 Oak Road, Suite 1000 Walnut Creek,
CA 94597
And tenants:
• Whole Foods Market - 5200 Dublin Blvd, Dublin, CA 94568
• Nordstrom Rack - 5300 Dublin Blvd, Dublin, CA 94568
• Home Goods - 5350 Dublin Blvd, Dublin, CA 94568
• Urban Plates - 5111 Martinelli Way, Dublin, CA 94568
• Patxi’s Pizza - 5130 Dublin Blvd Ste S1H, Dublin, CA 94568
• Starbucks - 5138 Dublin Blvd, Dublin, CA 94568
• Ethan Allen - 5170 Dublin Blvd, Dublin, CA 94568
• Sur La Table - 5186 Dublin Blvd, Dublin, CA 94568
• Chipotle - 5240 Dublin Blvd # S2J, Dublin, CA 94568
• Yalla Mediterranean Grill - 5246 Dublin Blvd, Dublin, CA 94568
• Firehouse Subs - 5252 Dublin Blvd, Dublin, CA 94568
• Orangetheory Fitness - 5258 Dublin Blvd, Dublin, CA 94568
• Laseraway - 5264 Dublin Blvd Ste 525, Dublin, CA 94568
• Lunchbox - 5270 Dublin Blvd, Dublin, CA 94568
• Monaco Hair & Nails - 5288 Dublin Blvd, Dublin, CA 94568
• Hand & Stone - 5294 Dublin Blvd, Dublin, CA 94568
• The Habit Burger Grill - 5291 Martinelli Way, Dublin, CA 94568
• Persimmon Dental Care - 5281 Martinelli Way, Dublin, CA 94568
• Vitality Bowl - 5271 Martinelli Way Ste P3C, Dublin, CA 94568
• Pacific Catch - 5251 Martinelli Way, Dublin, CA 94568
• Verizon Wireless - 5221 Martinelli Way, Dublin, CA 94568
• Precor Home Fitness - 5282 Dublin Blvd, Dublin, CA 94568
• Three Bird Nest - 5276 Dublin Blvd, Dublin, CA 94568
2. The start and end dates (term) for the economic subsidy:
The start and end of the economic subsidy is as follows:
April 15, 2014 through June 8, 2025.
3. A description of the economic development subsidy, including the estimated
total amount of the expenditure of public funds by, or of revenue lost to, the local
agency as a result of the economic development subsidy:
Through the City’s Sewer Capacity Assistance Program, the City assisted Regency
Village at Dublin, LLC with 15.02 Dwelling Unit Equivalents (DUEs), which has an
approximate value of $242,258.
There was no cost to transfer the City’s unused wastewater capacity rights to
Regency Village at Dublin, LLC.
4. The net tax revenue accruing to the local agency as a result of the economic
development subsidy:
As of the end of the fourth quarter of 2018, the shopping center has generated
more than $2.2 Million in net tax revenue to the City of Dublin.
5. The net number of jobs created by the economic development subsidy, broken
down by full-time, part-time, and temporary positions:
At the time the subsidy was granted, Staff estimated the project would generate
several hundred permanent jobs in the City, along with the construction jobs during
its development.
As of April 2019, Staff estimates the shopping center currently provides more than
700 jobs.
Full-time positions: 305
Part-time positions: 408
Temporary positions: 0
Total: 713
CITY OF DUBLIN
2019 OUTCOME REPORT ON ECONOMIC DEVELOPMENT SUBSIDY
PROVIDED TO PACIFIC CATCH, INC.
The purpose of this report is to provide the information required by California Government
Code Section 53083 in regards to an economic development subsidy provided by the City
pursuant to an Agreement by and between the City of Dublin, Pacific Catch, Inc. and
Regency Village at Dublin, LLC.
Within the first five years of the term of the economic development subsidy, the City of
Dublin must provide all of the following information in written form and available to the
public and through the City’s website and hold a public hearing to consider any written or
oral comments on the information contained in the report. This report shall remain
available to the public and posted on the City’s website until the end date of the economic
development subsidy on June 21, 2026.
The public hearing to consider any comments on the information contained in this report
will be held at the following time and place:
Dublin City Council Meeting
Tuesday, May 21, 2019 at 7:00 p.m.
Council Chamber, 100 Civic Plaza, Dublin CA 94568
At the conclusion of the economic development subsidy (in 202 6), the City of Dublin is
obligated to provide another report and hold another public hearing .
2019 OUTCOME REPORT ON ECONOMIC DEVELOPMENT SUBSIDY
PROVIDED TO PACIFIC CATCH, INC.
Statement of the public purposes for the economic development subsidy:
The public purposes for the economic development subsidy are to:
• continue to expand and enhance economic opportunities for businesses in the City
• continue to expand the City’s employment base, and
• continue to generate hereinafter defined Sales Tax that the City can utilize to fund
general governmental services such as police, fire, street maintenance, and parks
and recreations programs.
1. The name and address of all corporations or any other business entities, except
for sole proprietorships that are beneficiary of the economic development subsidy:
The City continues to provide financial assistance in the form of an economic
development subsidy to Regency Village at Dublin, LLC (property owner) and
Pacific Catch Inc., (Applicant) and as described in the Agreement Permitting Re-
Allocation of Regional and Local Sewer Capacity (“Agreement”).
Pacific Catch Inc.,
770 Tamalpias Dr., #400
Corte Madera, CA 94925
Doing business at
5251 Martinelli Way
Dublin, CA 94568
Regency Village at Dublin, LLC,
2999 Oak Road, Suite 1000
Walnut Creek, CA 94597
2. The start and end dates (term) for the economic subsidy:
The start and end of the economic subsidy is as follows:
September 16, 2014 through June 21, 2026.
3. A description of the economic development subsidy, including the estimated
total amount of the expenditure of public funds by, or of revenue lost to, the local
agency as a result of the economic development subsidy:
Through the City’s Sewer Capacity Assistance Program, the City assisted Pacific
Catch Inc. with 8.44 Dwelling Unit Equivalents (DUEs), which has an approximate
value of $140,535.
4. The net tax revenue accruing to the local agency as a result of the economic
development subsidy:
The City has received the projected annual tax revenue of between $35,0 00 and
$55,000 per year as estimated in the Agreement.
Note: Revenue and Taxation Code Section 7056 requires that sales tax data be
kept confidential since that information would reveal the business affairs or
operations of a business. Thus, it is unlawful for the City to disclose specific
amounts of tax revenue received from a single business or property.
5. The net number of jobs created by the economic development subsidy, broken
down by full-time, part-time, and temporary positions:
Full-time positions: 15
Part-time positions: 49
Temporary positions: 0
Total: 64