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HomeMy WebLinkAboutItem 21 - Public Hearing for Five-Year Economic Development Subsidy Report for TACenergy Community Development Agency www.santa-ana.org/community-development Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 4, 2025 TOPIC: Public Hearing for Five-Year Economic Development Subsidy Report for TACenergy AGENDA TITLE Public Hearing for Five-Year Economic Development Subsidy Report for TACenergy Legal notice published in the OC Reporter on February 21, 2025. RECOMMENDED ACTION 1. Conduct public hearing to consider any written or oral comments on the information contained in the Five-Year Economic Development Subsidy report for TACenergy. 2. Receive and file report. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION On March 3, 2020, the City Council approved a sales tax sharing agreement with TACenergy, one of the largest national wholesale fuel suppliers in the country, with annual sales exceeding 2.7 billion gallons and more than $5 billion in revenue. During the term of the 25-year agreement, the City shares 50% of the sales tax generated by TACenergy. Government Code Section 53083 requires that the City Council must hold a noticed public hearing and, prior to the public hearing, provide information to the public through the City's website regarding the proposed economic development subsidy. As part of the approval process, an economic development subsidy report was completed and submitted detailing the structure of the public subsidy, projected tax benefits, and estimated number of jobs that would be created by the subsidy. This report has been available to the public and posted on the City's website until the end date of the economic development subsidy. Government Code 53083 also requires that within five-years of the approval of the subsidy, the City must prepare a new subsidy report that includes the original subsidy information plus net tax revenue and net number of jobs created by the subsidy. The purpose of this public hearing is to consider written or oral comments on the information contained in the subsidy report. Public Hearing Five-Year Subsidy Report TACenergy March 4, 2025 Page 2 4 8 6 1 The City has prepared the Five-Year Subsidy Report (Exhibit 1) which includes the following key points for TACenergy: •The Agreement term is for twenty-five years (through December 31, 2045); •The City has retained $2,048,530 of total sales tax revenues; •The City has provided TACenergy with $2,048,530 of sales tax rebates; •A total of 20 full time jobs were added in association with the economic subsidy. Economic Development Division staff continue to oversee compliance, ensuring that all requirements are met in accordance with the terms of the agreement. As required by law, a notice of public hearing was published and the Five-Year Economic Development Subsidy report has been posted on the City’s website: https://www.santa- ana.org/subsidy-reports/. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Five-Year Subsidy Report - TACenergy 2. Proof of Publication Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nuñez, City Manager Five-Year Economic Development Subsidy Report Pursuant to Government Code Section 53083 For a Sales Tax Sharing Agreement between the City of Santa Ana and TACenergy at 4 Hutton Centre, Ste 700, Santa Ana, CA Pursuant to Government Code Section 53083, the City Council of the City of Santa Ana must hold a noticed public hearing and, prior to the public hearing and within five-years of approval of the subsidy, provide all of the following information in written form and available to the public through the City’s website regarding a proposed economic development subsidy provided by the City pursuant to a Sales Tax Sharing Agreement between the City of Santa Ana and TACenergy (Agreement). Notice was published on the City’s website for a public hearing to be held on March 4, 2025 The purpose of this report is to provide the information required pursuant to Government Code Section 53083 in regards to the Agreement. This report shall remain available to the public and posted on the City’s website until the end date of the economic development subsidy, as further described in number 2 below. (1)The name and address of all corporations or any other business entities, except for sole proprietorships, that are the beneficiary of the economic development subsidy, if applicable. The Agreement is with TACenergy, who owns and operates the existing business that will benefit for the economic subsidy: TACenergy 4 Hutton Centre Dr, Ste 700 Santa Ana, CA 92707 (2)The start and end dates and schedule, if applicable, for the economic development subsidy. Upon City Council approval, the proposed agreement commenced on April 1, 2020, and ends on December 31, 2045. The economic development subsidy be paid quarterly within thirty days of receipt from TACenergy of the required documentation per executed Agreement. (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. The economic development subsidy is equal to fifty percent (50%) of the sales tax received by the City quarterly, for each year, during the 25-year agreement period. No expenditure of public funds is anticipated by this agreement. EXHIBIT 1 (4) A statement of the public purposes for the economic development subsidy. On August 5, 2013, the City Council approved the execution of a sales tax sharing agreement with IPC (USA), Inc., an independent wholesale distributor of gasoline, diesel, jet fuel, and other refined petroleum products throughout the United States. The Agreement provided for a 50 percent sharing of local sales tax generation, plus a 70 percent (IPC) and 30 percent (City) sharing of additional sales tax generation above $1.4 million dollars. On November 1, 2019, IPC (USA), Inc. was acquired by TACenergy, one of the largest national wholesale fuel suppliers in the county, with annual sales exceeding 2.7 billion gallons and more than $5 billion in revenue. Since the agreements execution, IPC has been a top ten sales tax producer for the City. This sales tax generated is directly deposited into the City’s General Fund which is primarily used to fund police, fire, homeless reduction, and parks and recreational services for the City’s residents. Without this agreement, several of the City’s general services may be cut or reduced for its residents. (5) The net tax revenue accruing to the local agency as a result of the economic development subsidy. Since the commencement of the Agreement, $4,097,060 in total sales tax has been generated by TACenergy. The City has retained 50% of that amount: $2,048,530. (6) The net number of jobs created by the economic development subsidy, broken down by full-time, part-time and temporary positions. The Agreement has retained approximately 20 positions. The company has reported that challenges arising from the COVID-19 pandemic, along with regulatory changes at both the Federal and State levels, have impacted the fuel sales sector. However, their overall growth has aligned with the broader trends in transportation fuel demand, and it is expected that further hiring will take place in the near future. EXHIBIT 1 This space for filing stamp only OR #: O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~ 600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841 PROOF OF PUBLICATION (2015.5 C.C.P.) State of Calif ornia ) County of Orange ) ss Notice Type: Ad Description: I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Executed on: 10/10/2004 At Los Angeles, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~ 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 (714) 543-2027 (714) 542-6841 OR 3896990 JENNIFER HALL CITY OF SANTA ANA/CITY CLERK 20 CIVIC CENTER PLAZA M-30 SANTA ANA, CA - 92701 HRG - NOTICE OF HEARING PH Notice - TACenergy I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 06/20/1922, Case No. 13421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 02/21/2025 02/21/2025 ORANGE !A000007031734! Email NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA CITY COUNCIL OF THE CITY OF SANTA ANA NOTICE IS HEREBY GIVEN -The City Council of the City of Santa Ana will hold a public hearing to consider a Five-Year Economic Development Subsidy Report for TACenergy in conformance with California Government Code, Section 53083. TAC Energy Project Description:The economic development subsidy is equal to fifty percent (50%) of the sales tax received by the City quarterly, for each year, during the 25-year agreement period. The subsidy report will be made available online before the scheduled Public Hearing at: https://www.santa- ana.org/cd/economic-development- subsidy-reports Meeting Time and Date- This public hearing will be held on Tuesday, March 4, 2025, at 5:30 p.m. , or as soon thereafter as the matter may be heard, in the City Council Chamber, 22 Civic Center Plaza, Santa Ana, CA 92701.Members of the public may attend this meeting in- person or join via Zoom.For the most up to date information on how to participate virtually in this meeting, please visit https://www.santa-ana.org/agendas- and-minutes/. Written Comments:If you are unable to participate in the meeting, you may send written comments by e-mail to eComment@santa-ana.org (reference the Agenda Item #in the subject line) or mail to Jennifer L. Hall, City Clerk, City of Santa Ana, 20 Civic Center Plaza – M30, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 p.m.on the day ofthe meeting. Comments received after the deadline may not be distributed to the City Council but will be made part of the record. Where To Get More Information - All staff reports regarding any item on this agenda are available for public inspection in the City Clerk's Office during regular business hours and posted on the City's website the Tuesday prior to the Council meeting at: www.santa-ana.org/agendas- and-minutes. Who To Contact For Questions - Should you have any questions, please contact Marc Morley at (714) 647-5477 or you can send an email to mmorley@santa- ana.org. Si tiene preguntas en español, favor de llamar al 714-647-6520. N u c n liên l c b ng ti ng Vi t, xin i n tho i cho Kristie Ha s (714) 667-2206. If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council of the City of Santa Ana at, or prior to, the public hearing. Jennifer L. Hall, CMC City Clerk 2/19/2025 2/21/25 OR-3896990# EXHIBIT 2