HomeMy WebLinkAboutItem 4.08 Sales Tax Reimb Program Extention or
19 82 STAFF REPORT CITY CLERK
` CITY COUNCIL File #1100-65
DATE: December 16, 2014
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager "
SUBJECT: Extension of the City's Sales Tax Reimbursement Program
Prepared by Hazel L. Wetherford, Senior Economic Development Analyst
EXECUTIVE SUMMARY:
The City Council will consider extending the termination date of the City's Sales Tax
Reimbursement Program from January 5, 2015 to January 6, 2020.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution Extending the Termination Date
of the Sales Tax Reimbursement Program until January 6, 2020.
r .
Submitted by Reviewed By
Economic Development Director/ Assistant City Manager
Public Information Officer
DESCRIPTION:
On January 6, 2009, the City Council adopted Resolution 09-09 (Attachment 1) approving a
Sales Tax Reimbursement Program as one of several measures designed to encourage
economic investment in the City of Dublin. The Program allows businesses that would generate
over $10 million in taxable sales and above to recover a portion of the cost of improvements
(internal and external) made to the property through a reimbursement period of five years.
On October 6, 2009, the City Council adopted Resolution 149-09 (Attachment 2) approving
revisions to the Program to add a second tier with a longer reimbursement period (10 years)
depending on the potential revenue ($50 million in taxable sales and above) derived from the
prospective use. To date, the City has completed five Sales Tax Reimbursement Agreements,
resulting in the creation of new jobs and sales tax revenue to the City.
Page 1 of 2 ITEM NO. 4.8
On December 7, 2010, the City Council adopted Resolution 172-10 (Attachment 3) approving a
two-year extension to the Program's termination date to January 9, 2013.
On July 17, 2012, the City Council adopted Resolution 135-12 (Attachment 4) approving
revisions to the Program to change the project qualifications to meet economic development
needs for the City and a two-year extension to the Program's termination date to January 9,
2015.
Staff is recommending the City Council modify the termination date for the Sales Tax
Reimbursement Program from January 5, 2015 to January 6, 2020, resulting in a five-year
extension. Staff believes that the Program's objectives (listed below) remain valid and that the
Program continues to be necessary in order to improve the economic climate in Dublin.
Program Obiectives
The objective of the Sales Tax Reimbursement Program is to:
a) improve the aesthetic nature and physical appearance of existing buildings and promote
site improvements to commercial properties in the existing commercial, office and
industrial areas of Dublin;
b) target existing buildings throughout the community with the goal of improving the existing
building stock and also lowering long-term vacancy rates in the community;
c) generate additional sales tax revenue for the City by encouraging businesses to establish
a presence in the City; and
d) attract new jobs to the City.
In addition to the above provisions relating to reimbursement for improvements made to existing
structures, the City will consider requests for reimbursement of certain improvement costs made
by businesses that are constructing new structures on undeveloped property sites or that may
be tenants in such new structures on a case by case basis.
The proposed Program extension would not change any other aspect or limitation of the current
Program and would not be in conflict with any current law.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS: 1. Resolution No. 09-09
2. Resolution No. 149-09
3. Resolution No. 172-10
4. Resolution No. 135-12
5. Proposed Resolution Approving an Extension to the Termination
Date for the Sales Tax Reimbursement Program from January 5,
2015 to January 6, 2020
Page 2 of 2
RESOLUTION NO. 9- 09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE SALES TAX REIMBURSEMENT PROGRAM
WHEREAS, the current worldwide economic slowdown has impacted the City of Dublin's revenues;
and
WHEREAS, for decades, state and local government have used Economic development incentives to
attract or retain jobs and/or improve a local tax base; and
WHEREAS, the Government Finance Officers Association (GFOA) has recommended that any
proposed incentive program has specific goals and criteria that serve to define the economic benefit to both the
government and the entities receiving the incentives expect to gain from the incentives, the conditions under
which the incentives are to be granted, and the actions to be taken should the actual benefits differ from the
planned benefits; and
WHEREAS, in an attempt to attract new businesses that will provide additional jobs and generate
additional tax revenues for the City, Staff is requesting City Council consideration of a program to stimulate
reinvestment in the community through a Sales Tax Reimbursement Program; and
WHEREAS, the objective of the proposed Sales Tax Reimbursement program would be to: (1)
improve the aesthetic nature and physical appearance of existing buildings and promote site improvements to
commercial properties in the existing commercial/office/industrial areas of Dublin and (2) target existing
buildings throughout the community with the goal of improving the existing building stock and also lowering
long-term vacancy rates in the community; and
WHEREAS, the program would use the concept of reimbursement through sales tax revenues to assist
and encourage property owners/tenants to reinvest in, reconstruct,rehabilitate and renovate their properties; and
WHEREAS, the proposed program would allow property owners and/or tenants, through a written
agreement with the City, to recover over time a portion of the cost of improvements (internal and external)made
to the property. The reimbursement would be limited to the actual costs incurred by the owner/tenant for
improvements to structures and the property site. Eligible costs would include exterior improvements (painting,
fagade repair, replacement signage), interior improvements (tenant improvements), and site improvements
(parking lots, driveways, landscaping, etc.). Reimbursement for demolition of existing buildings and
replacement with new buildings may be considered on a case-by-case basis. Land acquisition costs would be
excluded from eligible expenses; and
WHEREAS, the program would be made available to businesses that would generate over$100,000 in
new sales tax each year (this requires annual taxable sales of$10 million). Businesses would need to certify, by
providing copies of sales tax returns to the State Board of Equalization (SBOE) that based on previous
operations that this threshold has been met; and
WHEREAS, the program would be made available to new, not existing businesses. An exception
would be considered on a case-by-case basis for existing Dublin businesses that might relocate/expand within
Page 1 of 2
the City, if their move / expansion results in additional sales tax revenues that would meet the target ($100,000
or more) established for the program; and
WHEREAS, the program would require that all improvements considered under this program must be
approved by the City and subject to all laws and regulations; and
WHEREAS, the program would calculate and distribute the reimbursement as follows:
1. The amount of eligible improvements will be established and certified with documentation of the
expenses.
2. Once retail sales begin to be paid based on reported sales transactions at a location within the City of
Dublin, no more than fifty percent (50%) of the net new sales tax would be calculated and considered as
the amount of reimbursement subject to the following limitations:
a. The cumulative maximum reimbursements paid to the business cannot exceed the total
established in number 1 above.
b. Reimbursements would be made on an annual basis.
c. Reimbursements would continue until the full amount in number 1 above was
reimbursed or for a period five (5) years, whichever occurs first.
WHERAS, the program would require that all Sales Tax Reimbursement agreements be negotiated by
Staff and approved by the City Council.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Dublin does hereby
approve the Sales Tax Reimbursement Program for a period of two (2) years.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin will revisit the program at
the end of the two-year period and determine if the program should be continued based upon the economic
conditions at that time.
PASSED,APPROVED AND ADOPTED this 6th day of January, 2009, by the following vote:
AYES: Councilmembers Biddle, Hart,Hildenbrand, Scholz, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None ol _
Mayor
ATTE T:
0
City Clerk
Reso No.9-09,Adopted 1-6-09,Item 7.1 Page 2 of 2
RESOLUTION NO. 149 -09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REVISING AND RESTATING THE GENERAL PROVISIONS OF THE CITY'S SALES TAX
REIMBURSEMENT PROGRAM
WHEREAS, one of the City Council's Fiscal Year 2009-2010 High Priority Goals and
Objectives is to develop an Economic Incentive Program; and
WHEREAS, in January 2009, the City Council adopted Resolution No. 9-09, establishing
the Sales Tax Reimbursement Program ("Program") to stimulate economic development
activities in the City; and
WHEREAS, the adopted Program permits certain companies who have satisfied the
City's requirements for participation in the program to receive reimbursement over a five (5)
year reimbursement period for pre-approved exterior improvements (painting, facade repair,
replacement signage), interior improvements (tenant improvements), and site improvements
(parking lots, driveways, landscaping, etc.) provided that the Program participants generate
$100,000 in new sales tax revenue to the City each year, in order to receive reimbursement for
that year; and
WHEREAS, this Resolution would revise the Program to give the option of a ten (10)
year reimbursement period for participants that generate $500,000 in sales tax revenue for the
City each year; and
WHEREAS, this revision will provide additional, targeted assistance to the City's
economic development efforts to backfill large vacancies in the Downtown and attract users in
other areas within the City that allow for regional or general commercial development; and
WHEREAS, the City Council of the City of Dublin wishes to revise the Sales Tax
Reimbursement Program as described above, and to restate the provisions of the Program as a
whole.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby revise and restate the general guidelines of the City's Sales Tax Reimbursement
Program as follows.
1. The objective of this Sales Tax Reimbursement Program ("Program") is to: (a) improve
the aesthetic nature and physical appearance of existing buildings and promote site
improvements to commercial properties in the existing commercial/office/industrial areas of
Dublin; (b) target existing buildings throughout the community with the goal of improving the
existing building stock and also lowering long-term vacancy rates in the community; (c)generate
additional sales tax revenue for the City by encouraging businesses to establish a presence in
the City; and (d) attract new jobs to the City. The provisions of this Resolution are intended to
provide general guidelines for the Program, and are not intended to describe all of the
requirements that may be imposed in an agreement entered into pursuant to the Program.
Page 1 of 3
2. The Program is primarily intended to be made available to proposed new businesses
considering locating in the City. An exception may be considered, on a case-by-case basis, for
existing Dublin businesses that might relocate or expand within the City, provided that they can
show that such a move or expansion is expected to result in additional sales tax revenues
above the amount they have historically paid in an amount that meets the minimum sales tax
revenue targets required for the applicable agreement category, as described in Section 5.
3. Agreements entered into pursuant to the Program shall limit the eligible reimbursement
amount to the actual cost of eligible improvements paid by the business owner for
improvements to structures and the property site. The eligible reimbursement amount shall be
certified by the provision of documentation showing the amount actually paid for the eligible
improvements. Eligible improvements are:
a) Exterior improvements (including painting, fagade repair, replacement signage)
b) Interior improvements to the building
c) Site improvements (including parking lots, driveways, landscaping, etc.).
d) Reimbursement for demolition of existing buildings and replacement with new
buildings may, at the City's discretion, be considered on a case-by-case basis.
4. Business owners may apply for consideration as participants in the Program. If approved
for consideration by City Staff, the business owner and City Staff shall negotiate a written
agreement for the recovery of the costs of certain improvements made to the property at which
their business is proposed to be located. Any such agreement is subject to all applicable state
and federal laws and must be approved by the City Council before being executed by the City.
5. There will be two general categories of agreements under the Program: Five Year
Agreements, and Ten Year Agreements. Under both categories, payments by the City to the
business owner will be made no more than once each year, and the amount of the payment in
any one year will be no more than fifty percent (50%) of the sales tax revenue attributable to the
business in the preceding year. Furthermore, in no event shall the total amount paid by the City
over the entire repayment term exceed the eligible reimbursement amount.
a) Five Year Agreements shall provide a maximum repayment term of five years. A Five
Year Agreement would be made available to businesses that expect to generate
at least $100,000 in sales tax revenue each year (this requires annual taxable
sales of $10 million). In order to receive any payment in a given year, participants
will be required to certify, by providing copies of sales tax returns, that the
business generated at least $100,000 in sales tax revenue for the City in the
preceding year.
b) Ten Year Agreements shall provide for a maximum repayment term of ten years. A
Ten Year Agreement would be made available to businesses that expect to
generate at least $500,000 in sales tax revenue each year (this requires annual
taxable sales of $50 million). In order to receive any payment in a given year,
participants will be required to certify, by providing copies of sales tax returns, that
the business generated at least $500,000 in sales tax revenue for the City in the
preceding year.
Page 2 of 3
6. The Program shall terminate on January 5, 2011, absent further action by the City
Council modifying the termination date.
PASSED, APPROVED AND ADOPTED this 6th day of October, 2009 by the following
vote:
AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
Mayor
ATTE
City Clerk
Reso No. 149-09,Adopted 10-6-09, Item 8.2 Page 3 of 3
RESOLUTION NO. 172- 10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
EXTENDING THE TERMINATION DATE OF THE CITY'S SALES TAX REIMBURSEMENT
PROGRAM
WHEREAS, one of the City Council's Fiscal Year 2009-2010 High Priority Goals and
Objectives included the development an Economic Incentive Program; and
WHEREAS, in January 2009, the City Council adopted Resolution No. 09-09,
establishing the Sales -Tax Reimbursement Program ("Program") to stimulate economic
development activities in the City; and
WHEREAS, in October 2009, the City Council adopted Resolution No. 149-09, revising
and restating the Program to permit the option of a ten (10) year reimbursement period for
participants that generate $500,000 in sales tax revenue for the City each year; and
WHEREAS, Resolution No. 149-09 established a termination date for the Program of
January 9, 2011.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby amend Resolution No. 149-09 to provide that the Program shall terminate on January 9,
2013.
PASSED, APPROVED AND ADOPTED this 7th day of December, 2010 by the following
vote:
AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
Mayor
ATT T:
:f"ity Clerk
Reso No. 172-10,Adopted 12-7-10, Item 7.2 Page 1 of 1
RESOLUTION NO. 135- 12
A RESOLUTION OF ,rHE CITY COUNCIL
CAF THE CITY DUBLIN
REVISING ATI "Irt GENERAL PROVISIONS OF THE CITY'S SALES TAX
REIMBURSEMENT PROGRAM
WHEREAS, one of the City Council's, fiscal y°e r 009-2 "t,10 High Priority Goap s and
rib e tiw was to eveeo an Economic irnr��entive t ro rar�ni and
WHEREAS, beginnirig in January 2009, the City t u u,ncip adopted w ri us Ru~nnrroiu.nti nrnr
establishing and r"rnodifyir"nc a Sale '"Tax Reimbursement Program `Pro rarrn"x) to tiMUlate
ecionornic development rent to Stu a iri the City t blis in a r6rn urr ser ent rnecha rrism to
fUnd certain eli ible improvements de to exisfing buiiulii gs arm structures; an
WHEREAS, thie City Council of the City of t ub irn ww°i hies to extend the tiirrie p riod of the
Program, tin revise othier provisbns relating to Oigible projects aind to restat 'the provisions ionns f
the Program as a whole.
NOW, THEREFORE, BE IT LV ' that the City Cu"nu,nrncit of the City of Dublin blin doe
hereby r vise and restaite the general gUir legiu es of the City's Sales .,,pax Reimbursement
Program as follows
I
1. The p rirrir ry objective of this Sales Tax Reimbursement ent Prr rim ("Program") is to:
improve the aesthetic nature arid physical rr;;al a pip a ra n of existing buildings and to promote of r sit n
improvements to rnrr"rer 'uu t properties in the exisfirig co rTirrierc,,i�a /offi / ndustriaI nr �'rrs of
u Nirn„ b) target eAsting buauputpngs thr up i uOUt the COMMUnity Mth the goai of improving the
eA tirnp b0 ding stock and also lowering long-term vacancy rates in the community,pity, ( ) generate
dditio n p sales tai r ver-w fbr the City by encouraging bu sirr er ses to establish a presence in
the City; and ) attract n ew ,job 'to thie: City. The provi ic. rnrn of this t' esolUt'ion are intended to
provide, general guid0nes for the Program, and re not irnt nded to describle all of the
reqUirements that may be imposed in an agreement entered into pnur ru a nt to the Program.
, -rhe t r p rr rn is priimairuiy irnternrt u`t to be made av iiaNe to proposed new bua irr s nu
considering locating in the iity. An exception may be considered, on a case-by-case basin, for
existing ublirn busirn s s tlpn t might rellocate or expand within the City, provided that tJtn y can
show that such a move or expansion is expected to result ir"u additioniM sales tax reveflUes
above the ar nc~runrut they have historically paid in an amount that rneets the r ninimuarrr sales tax
revenue targets reqUired for the applicable agreement , atr gory, as described in Section 5.
1 The following ring prnrovi ion p p ly to bUsinesses, that wis,h to Utilize the Program to fund
irnprovernents to istling structures and dIevelopnr:d property it s
a) Agreenients, entered into pursuant t.o this p or-dorn of the Prograrn shall limit the
eligible r it n u,rrs rmer"nt ar rr urrnt to the actt,4 cost of pMp„ it t irnprovernents paid by the
business owner 'for iniprr wr ran ernt s 'to true tUrern and to property erty unites -rhe eligible
r iirribu.nrs rTie nt aniou.unt shalli be certified by the provw sion of docurneritation, showing the
MuMnUM nctu alr y paid foir the Oigible improvenie nts, p 1. gibprn irnp,rr�wr ran ,rn s pyre,
Page 1 of
i Extedor i n,'i prove ments (includ4ig pa4iting, fa .ade repair, re placernent signage)
iii) lnterior improven'rents to tN.-,, building
iii) Site in'If..noverrients (includirig par-king lots, driveways, landscaping, etcl.),
iv) IR.,�Jrnbursernerit for dernolition of existin I bLlHdings and replacement with new
bufldings may, at the City's discrebon, be considered on a caise-by-can se basis.
b) Business owners may app[y for consOerafion: as participants in the Program. If
approved 'for consideration by City Staff, fl,'ie bUsiness owner and City Staff shall
negotiate an written agreement for thee recovery of the costs of certain improvements
made to the propefty at which their, blUskiess is proposed to be located, Ally Such
agreement i s subject to aH app icaWe state and federW laws, anild MUst be approved by
the City CoiuncR before being exeCUted by the City,
c) "There will be two geniera,l categories of agreements under this portion of the
Program: R 'Year Agreerrients, and Ten Year Agreements. Unde!r both tego ries,
payments by the City tiothe business owner will be niade no more than once each year,
and 'the arnouint of the paylrTient in ainy one year will be no miore thain fifty percent (50%)
of the sales tax revenUie attributable to the bus4,iess 41 the preceding year, Furtherrrior(-,,�',
in no event shall the total arnoimt paid by fl"ne City over the erifire re pa yrrient 'term exceed
the 6igible re ire burr senient aniount.
i) Five Year Agreernents shaH provide a maxirmlirn riepayment terni of five years. A
Five Year Agreement WOUld be made availaWe to businesses that expect to
generate at least $100,000 in safes 'tax revenUe each year (this requires annUal
taxable sales of $10 million). In ordeir to receive ainy payment in as giveri year,
participants M1 be required to, cer-Ufy, by providing cop es, of sales tax returns, that
the business generated at least $100,000 in sales tax revenue for the City in the
far ecediing year,
ii) Ten Year AgreeirnerAs hall provide for as maxmMUIITI repayment term of ten year!s.
A 1"en Year Agreement would be rnade available to bus nee ea that expect to
generate at least $500,000 in sales tax revenue each year this requires annUaI
taxable sa➢e,s of $50 rrilMion), lni order to receive any payment in as given year,
parficipants will be re qUired to certify�, by providing coplies, of sales tax returns, that
the business generated at least $500,000, in sales tax revenue for the City in the
preceding year.
4. In addition to the above provisions rel,,@fing to r6mbuirssement for irriprovemerits mad'e to
exisfing structures, the City wi�lll consider requests for reirribursement of certain irnpiroverrient
costs made by businesses that are constrUCting new Str•LlCtUres on undeveioped property sites
or that may be tenaints in such new structures. The eHgibility of such projects for participation in
the Program shall be determined on as case by case basis,, Factors that the CitywiH consider in,
rnaking an efigibifity determination Iniclude, blUt. are riot liirNted to:
a) The public benefit that M1 be derived from [.-urovidiirlg Pro ram assr i starlce
b) Evidence that, absent the avaHabHfty of the Program, it will be economically
infeasiNe for an business or businessi(.,es to estaNish, as presence in the City.
c) The scope and natUir(,,, of i rn prove merits for which r6mbursernent will be sought,
d) The aMOLJr1t of sales tax rew"anue that is expected 'to be (generated by the
participant or ftstenant(s).
Page 2 of 3
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if deerned eligible by City Staff, the business owner and City Staff shall negotiate a written
agreement 'for the recovery of the costs of certain lrnprovernents reads to the property at wNch
their bUSiness is proposed to be located, Any such agreement is subject to all applicable state
and fed real laws and must be approved by the City Council before b6ng exeCU,ted by the City.
5 bent further action by the City Council modifying the termination date, the Program
shall terminate on January 5, 2015.
PASSED, APPROVED AND ADOPTED tWs 17th day of July, 2012 by the following vote:
AYES: CouncUrnernbers Biddle, Hart, lwell, and Mayor Sbranti
NOES: None
ABSENT: CouncHr-nernber Hildenbrand
ABSTAIN: one
Mayor
ATTEST: ,.,
........................
City Clerk
Resc:,No. 135-12, Adopted 7-17-12, ftem'7.4 Page 3 of 3
.................................................... ....................................................
RESOLUTION NO. -14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
EXTENDING THE TERMINATION DATE OF THE CITY'S SALES TAX REIMBURSEMENT
PROGRAM
WHEREAS, one of the City Council's Fiscal Year 2009-2010 High Priority Goals and
Objectives included the development of an Economic Incentive Program; and
WHEREAS, in January 2009, the City Council adopted Resolution No. 09-09,
establishing the Sales Tax Reimbursement Program ("Program") to stimulate economic
development activities in the City; and
WHEREAS, in October 2009, the City Council adopted Resolution No. 149-09, revising
and restating the Program to permit the option of a ten (10) year reimbursement period for
participants that generate $500,000 in sales tax revenue for the City each year; and
WHEREAS, in December 2010, the City Council adopted Resolution No. 172-10,
approving a two-year extension to the Program's termination date, setting the new termination
date as January 9, 2013; and
WHEREAS, in July 2012, the City Council adopted Resolution No. 135-12, approving
revisions to the Program to change the project qualifications to meet economic development
needs for the City and a two-year extension to the Program's termination date, setting the new
termination date as January 5, 2015; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Dublin does
hereby amend Resolution No. 135-12 to provide that the Program shall terminate on January 6,
2020.
PASSED, APPROVED AND ADOPTED this 16th day of December, 2014 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk