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HomeMy WebLinkAbout14-149 Resolution in Program to Fund Property Tax DelinquenciesREPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES CITY MANAGER DATE: MAY 27, 2014 SUBJECT: APPROVE RESOLUTION AUTHORIZING PARTICIPATION IN PROGRAM TO FUND PROPERTY TAX DELINQUENCIES AND APPROVING AMENDMENTS TO FISCAL AGENT AGREEMENTS AND EXECUTION OF OTHER AGREEMENTS AS NECESSARY FOR SUCH PURPOSES Recommendation Adopt Resolution No. 2014 - authorizing participation in program to fund property tax delinquencies and approving amendments to fiscal agent agreements and execution of other agreements as necessary for such purposes. Background The City is entitled to revenues from property tax levies made for a variety of different purposes. These levies include the 1% "Ad Valorem" levy and other levies for weed abatement, nuisance abatement, sewer or refuse service, special taxes and assessments levied for community facilities districts ( "CFD "s) and /or assessment districts ( "ADs "), and landscape and lighting district levies, etc.. Each year, approximately across the State of California 2% to 5% of property taxes are not paid in the year in which they are due and thus become delinquent. The City of Lake Elsinore's average rate is approximately 2.5 %. Staff has identified a program being offered by the California Statewide Community Development Authority (CSCDA) a statewide joint powers authority sponsored by the League of California Cities and the California State Association of Counties, under which the total amount of money due for qualified tax delinquencies will be advanced in full by the CSCDA, along with a 10% premium, in exchange for an assignment or sale of the rights to the payments made by the owners of tax - delinquent properties, if and when such payments are made, along with the penalties and interest that are due thereon. This program is designed like a I Resolution — Participation in Delinquent Property Tax Program through CSCDA May 27, 2014 Page 2 "Teeter Plan" for agencies that do not participate in a Teeter Plan or for agencies that levy some taxes that are not eligible for inclusion in the County's Teeter Plan. CSCDA finances this program by pooling the tax delinquencies of different local agencies, and selling Certificates of Participation for the amount of all of the accumulated delinquencies to CSCDA's selected underwriter, Tower Capital Management (Tower). In the first year of an agency's participation, CSCDA will purchase delinquencies that are up to 5 years old, meaning CSCDA will pay the City 100% of the qualified taxes remaining delinquent from any time during the last 5 years. Thus, the City is able to realize immediate cash for this non - performing asset. The City also receives a 10% premium on the purchased delinquencies that can be used for any lawful purpose, including distribution to the City's General Fund. CSCDA requires a three -year commitment from Cities that wish to sell their delinquencies. If the attached Resolution is approved, Tower will conduct due diligence to determine which delinquencies qualify for the program, and on what terms. Thereafter, the results will be reviewed with such qualified officers as the City may desire (usually the City Manager, Finance Director and /or City Attorney). A schedule will then be set to proceed to closing, at which time the City will receive its money on a non - recourse basis for all delinquencies that are sold. After the first year, and each year thereafter, CSCDA will request that the City extend the agreement for one additional year. This will ensure that a 2 to 3 year "evergreen" term always exists. If the City ever wants to exit the program, it need only decline to extend the term and wait to exit the program when the existing term is completed. Discussion The CSCDA program offers a number of benefits to the City: 1. The receipt of cash this year for all of the qualified 1% ad valorem tax and direct levy delinquencies up to 5 years old, plus a 10% premium on that amount. 2. A 10% premium received on direct levy delinquencies can be placed in the City's general fund or any other City fund. 3. The City's delinquencies are sold to CSCDA on a "non- recourse" basis, which means that if the delinquent taxes are never paid and if the properties are not sold by the County Tax Collector after the redemption period has expired, the failure to receive those revenues is a loss to CSCDA's underwriter, Tower, with no recourse to City funds to make up that loss. Thus, the risk of non - collection is shifted from the City to CSCDA's underwriter. (Note should be made that this is distinguished from taxes that are levied in error, or that would never have resulted in revenue to the City in any case.) 4. In two significant ways, CSCDA's program is actually better than a Teeter Plan because: Resolution — Participation in Delinquent Property Tax Program through CSCDA May 27, 2014 Page 3 a. The City only commits to participate for a 3 -year period, compared to a Teeter Plan in which the City is required to participate in perpetuity or until 2/3 of the participating revenue districts adopt resolutions to terminate the entire Teeter Plan. b. The program pays 110% of the amount of delinquencies purchased, as compared to a Teeter Plan, which is limited by law to paying 100 %. 5. For CFDs and AN where bonds have been issued, there are a number of additional benefits: a. The traditional remedy of the City foreclosing on constituent property owners to pay bondholders, is essentially replaced with a funding of the delinquencies until the County Tax Collector is prepared to foreclose on all of the taxes together. Under State law, the Tax Collector is not allowed to foreclose until 5 years after the first delinquency. In many CFD and AD bond indentures, the City may be required to foreclose well in advance of that 5 -year date, depending on the level of delinquencies and the particular foreclosure covenant that is in the applicable Bond Indenture. This program has the effect of "truing up" these redemption periods so that delinquent special taxes and assessments have the same redemption period as 1% ad valorem tax delinquencies. b. The City saves the staff time and money required to send notices to property owners, strip delinquent taxes from the tax roll and file, pursue, monitor and complete judicial foreclosure proceedings. C. Bondholders receive an additional layer of security by knowing that participation by the City in this program effectively means that there will be no delinquencies and that they will be paid in full. d. Agencies that levy an additional increment to account for delinquencies may be able to actually reduce their special tax rates within a given district, because there will no longer be a need to raise additional funds to cover delinquencies. e. Taxpayers receive the benefit of no foreclosures in advance of the 5- year redemption period, not being threatened with foreclosure, and not having to pay City costs and attorney fees related to a foreclosure which can sometimes dwarf the delinquent taxes due. Attorney's fees incurred to delinquent property tax owners were approximately $130,500 during fiscal year 2013 -14 on $475,000 in delinquent taxes. f. Property owners who pay their assessments and taxes on time will be assured that the amounts levied against their properties will not be increased, to cover the delinquencies of other property owners. Resolution — Participation in Delinquent Property Tax Program through CSCDA May 27, 2014 Page 4 For these reasons, staff recommends that the City participate in this funding program. Staff has caused the attached Resolution to be prepared, authorizing the City Manager, City Attorney or Director of Administrative Services to execute amendments as necessary to each of the Fiscal Agent Agreements (or other agreements) governing the bonds issued on behalf of each CFD or AD, or any general obligation or other bonds (if applicable), to approve a purchase and sale agreement between the City and CSCDA for the sale of the City's delinquent tax receivables and authorizing staff to execute such an agreement and any other documents, and to perform such acts as are necessary or appropriate, to consummate the sale and assignment of qualified delinquencies to CSCDA for the 2012 -13 fiscal year (including all prior year delinquencies for the prior 4 years on the tax roll) outstanding as of the cut -off date (being the date of last distribution of taxes from the County to the City) and granting CSCDA the right to purchase future delinquencies of levies made for fiscal years 2013 -14 and 2014 -15. Each of the amendments will be reviewed by Bond Counsel to the Authority (Jones Hall, San Francisco) with the understanding that the consummation of the purchase and sale transaction is contingent upon the agreement of the bond trustees or fiscal agents (and their counsel) if appropriate under existing agreements and the City's receipt of an opinion from Bond Counsel to the effect that the amendments being made in the attached resolution comply with the requirements of each respective Bond Indenture or Fiscal Agent Agreement, as applicable. Fiscal Impact The primary benefit this program offers a simple process which will serve as a reduction in costs to the delinquent property tax owner and a significant reduction in the administrative burden to staff and outside attorney's attempting to obtain payment on delinquencies as required by the bond documents. It is estimated that the City of Lake Elsinore's participation in the program will generate the following additional revenues prior to or during FY 2014 -15: • 1 % Ad Valorem Levy.......... $0.00 (Teeter) Other Delinquencies............ $0.00 (Teeter) • CFDs, ADs and LLMDs....... $200,000.00 Prepared by: Jason Simpson Director of Administrative Services Approved by: Grant Yates City Manager Attachment: Resolution RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING ASSIGNMENT OF DELINQUENT TAX RECEIVABLES TO THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR PRIOR FISCAL YEARS, AND AUTHORIZING EXECUTION AND DELIVERY OF RELATED DOCUMENTS AND ACTIONS WHEREAS, under Section 6516.6 of the Government Code of the State of California (the "Law "), a city is authorized to sell and assign to a joint powers authority any or all of its right, title, and interest in and to the enforcement and collection of delinquent and uncollected property taxes, assessments and other receivables that have been levied by or on behalf of such city for collection on the secured, unsecured, or supplemental property tax rolls (collectively, "Delinquent Taxes and Assessments ") in accordance with such terms and conditions as are set forth in an agreement with the joint powers authority; and WHEREAS, the California Statewide Communities Development Authority (the "Authority ") has been formed as a joint powers authority and, as such, is authorized under the Law to issue its bonds, notes, certificates of participation or other obligations for the purpose of providing funds to purchase Delinquent Taxes and Assessments in accordance with the Law upon terms and conditions which are acceptable to the local agency from whom such Delinquent Taxes and Assessments are acquired; and WHEREAS, the Authority has requested the City to authorize the sale of its Delinquent Taxes and Assessments to the Authority for the fiscal years ending June 30 in each of the years 2009 through 2013 inclusive forthwith, and years 2014 and 2015 thereafter (the "Covered Fiscal Years ") at a purchase price equal to 110% of the principal amount of Delinquent Taxes and Assessments which are eligible for sale and assignment; and WHEREAS, the Authority has made arrangements to issue and sell one or more series of certificates of participation which represent a participation interest in all of the Delinquent Taxes and Assessments received from the City and from other participating local agencies, which certificates of participation will be sold to a designee of Tower Capital Management, LLC, a Delaware limited liability company ( "Tower Capital'); and WHEREAS, the City Council wishes at this time to approve the foregoing financing plan and authorize the execution and delivery of all related documents and actions. City Council Resolution No 2014 - Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Authorization of Sale of Delinquent Taxes and Assessments. The City Council hereby approves and authorizes the sale of Delinquent Taxes and Assessments, in whole or in part, for any one or more of the Covered Fiscal Years, to the Authority for a minimum purchase price of 110% of the amount thereof. SECTION 2. Authorization to Execute Financing Documents. In order to implement the financing plan approved under Section 1, the City Council hereby authorizes the City Manager or the Director of Administrative Services (each, an "Authorized Officer of the City "), to execute and deliver an agreement between the Authority and the City whereby the City sells Delinquent Taxes and Assessments to the Authority upon terms and conditions which are acceptable to an Authorized Officer of the City. An Authorized Officer of the City is hereby authorized and directed to execute such an agreement in the name and on behalf of the City. The material terms of each such agreement shall include the following: (a) the Delinquent Taxes and Assessments shall be sold to the Authority for a purchase price which is at least equal to 110% thereof, which amount shall be paid to the City upon the closing of the transaction in funds which are immediately available to the City; (b) as a result of such sale, the Authority shall be entitled to receive all amounts collected in respect of such Delinquent Taxes and Assessments, including applicable interest and penalties, provided that all such collections shall continue to be made in the manner prescribed by law; (c) such sale of Delinquent Taxes and Assessments shall be without recourse to the City, and the City shall not incur any liability or assume any responsibility to the Authority for the collection of the Delinquent Taxes and Assessments; (d) all costs of financing the purchase of Delinquent Taxes and Assessments by the Authority shall be the sole responsibility of the Authority, and the City shall not have any liability for payment of such costs; and (e) in order to provide funds for the financing of the Delinquent Taxes and Assessments, the Authority shall be authorized to sell one or more series of certificates of participation to Tower Capital. City Council Resolution No 2014 -_ Page 3 SECTION 3. Official Actions. The Mayor, the City Manager, the Director of Administrative Services, the City Clerk and all other officers of the City are hereby authorized and directed, for and in the name and on behalf of the City, to do any and all things and take any and all actions, including execution and delivery of any and all assignments, certificates, requisitions, agreements, notices, consents, amendments to existing bond indentures or similar instruments, instruments of conveyance, warrants and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the sale of Delinquent Taxes and Assessments to the Authority for the Covered Fiscal Years. Whenever in this Resolution any officer of the City is authorized to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated by such officer to act on his or her behalf if such officer is absent or unavailable. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 27th day of May, 2014. Natasha Johnson, Mayor City of Lake Elsinore ATTEST: Virginia J Bloom, City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS I, VIRGINIA J. BLOOM, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2014 - was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 13th day of May, 2014 by the following vote: AYES: li•[N7*3 ABSENT: ABSTAIN: Virginia J. Bloom, CMC City Clerk