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Item 8 - Tax Rate for Parkway Business Centre - - AGENDA REPORT SUMMARY - TO: Honorable Mayor and Members of the City Council FROM: James L, Bowersox, City Ma~ INITIATED BY: John D, Fitch, Assistant City Manage,L/(1' Peggy A. Stewart, Director of Administ~tive servic~ DATE: August 8, 1995 SUBJECT: Tax Rate for the Parkway Business Centre (Community Facilities District No, 88-1) for Fiscal Year 1995-96 ABSTRACT Under the covenants of the bonds for Community Facilities District No, 88-1, it is necessary to hold a public hearing in order to establish the amount of the special tax to be assessed on property within the District for fiscal year 1995-1996, ENVIRONMENTAL REVIEW Environmental review is not required for this agenda item according to CEQA guidelines, - FISCAL IMPACf This action does not have a direct or indirect fiscal impact upon the City of Poway, Property owners within Community Facilities District No. 88-1 are delinquent in the payment of the District's special taxes. In order to prevent default on the bonds, payment of the August 8, 1994, February 8, 1995, and August 8, 1995 debt service payments were funded in part by draws upon the reserve funds totaling $2,877,107,46, ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE Published in the Poway News Chieftain on July 27 and August 3, 1995, RECOMMENDATION It is recommended that the City Council adopt the attached resolution establishing $17,229,84 per net usable acre for developed land and undeveloped land as the amount of the special assessment for property within the Community Facilities District No, 88-1 (Parkway Business Centre) for fiscal year 1995-1996. ACflON - 1 of 8 AUG 8 1995 ITEM 8 - AGENDA REPOR1. CITY OF POW A Y TO: Honorable Mayor and Members of the City Council FROM: James L, Bowersox, City Man~ " ~. .\- INITIATED BY: John D, Fitch, Assistant City Manager~l I Peggy A, Stewart, Director of Administ ative Services DATE: August 8, 1995 SUBJECT: Tax Rate for the Parkway Business Centre (Community Facilities District No. 88-1) for Fiscal Year 1995-1996 BACKGROUND In October 1988, the City Council approved the formation of the Community Facilities District No. 88-1 (Parkway Business Centre) to provide for the issuance of special tax bonds to finance the construction and acquisition of certain public improvements within the District. In November 1988, the qualified electors of the District authorized the District to incur bond indebtedness not to exceed $45,000,000, These bonds were issued in the total principal amount of $30,000,000 to finance portions of the construction, acquisition, modification and expansion of certain public improvements including, but not limited to, storm drains, a fire station and equipment, sewer and water facilities, and other public improvements, In January 1991, an additional $8,000,000 of Special Tax Bonds, Series 1990, were issued to finance part of the costs of the acquisition and construction of these same types of public improvements, On August 4, 1992, the City Council established the tax rolls for Parkway Business Centre based on an assessed value of approximately $77 million, Parkway Business Centre Partnership has not paid all of the special tax as required since fiscal year 1992-1993, On February 9, 1993, the City Council authorized the commencement of judicial foreclosure against the delinquent property owners in Community Facilities District No. 88-1 and has advanced three loans totaling $4,159,659.09 to pay for the debt service payments of February 8, 1993, August 8, 1993 and February 8, 1994, On or about February 26, 1993, Parkway Business Centre Partners Ltd" the majority owners of the District, filed a petition under Chapter 11 of the bankruptcy code, ACTION: 2 of 8 " ~ AUG 8 1995 - - .- Agenda Report August 8, 1995 Page 2 The City Attorney's office has continued with the processing of judicial foreclosure against the property, The debt service payment due August 8, 1995 for S1,74S,020,OO is to be covered in part by a draw from reserve fund for S8S1,907.38 as referenced by a separate report brought forward August I, 1995. FINDINGS Total funds required within Community Facilities District No. 88-1 in fiscal year 1995-96 are as follows: Debt service payments in FY 1995-96 S3,206,810 Trustee fees to be paid FY 1995-96 21,000 Less interest earnings on bond reserve funds, with S851,907,38 drawdown on 8/1/95 (87,550) Replenish bond reserve funds 2,877,107 Cash reserve for administrative costs, delinquencies 50.000 Total funding requirements ,S6.067.367 Total tax assessment of S17,229,84 for 260,2 net usable acres S4,483,204 Unfunded bond reserve 1. 584 . 163 ,S6.067 .367 Community Facilities District 88-1 established a maximum tax rate, which escalates by 2% annually, that can be levied by the City Council in any fiscal year, Since reserve funds were drawn upon, the maximum tax rate must be levied until such time as all bond reserve funds have been replenished. For fiscal year 1995-96, the maximum tax rate allowed is S17,229,84, With the approval of the final map for Unit #1 of the Parkway Business Centre, 52 taxable lots were created with a total of 120,7 net usable acres, Unit #2 of the project has created an additional 39 taxable lots totaling 139.5 net usable acres, Therefore, there is a total of 260,2 net usable acres to be used in calculating the amount of tax per acre, With the draw on the reserve funds, the maximum tax rate of S17,229,84 applies to all developed and undeveloped property within the District, 3 of 8 AUG 8 1995 ITEM 8 ,\ Agenda Report August 8, 1995 Page 3 On August 23, 1994, the Council authorized the establishment of an escrow fund for reimbursing those property owners who have kept their property taxes current when the delinquent taxpayers have paid their back taxes, penalties and interest, Once settlement payments have been received from the delinquent property tax owners, those payments would be applied in the following order: 1. Any bond payments currently due are paid in full. 2, Replenish the bond reserve fund up to its required level, 3, Pay back City loans and outstanding interest on those loans, 4. Set aside in an escrow account an amount required to reimburse nondelinquent property tax owners for their payment of the portion of the tax assessment which was required to cover the reimbursement to the reserve fund. To date, there have not been sufficient settlement payments from delinquent property owners to repay the bond reserve funds, pay back City loans, and fund the escrow account, ENVIRONMENTAL REVIEW Environmental review is not required for this agenda item according to CEQA guidelines, FISCAL IMPACT The City of Poway has loaned the Community Facilities District $4,lS9,6S9,09 to cover the February 8, 1993, August 8, 1993, and February 8, 1994 debt service payments, Payment of the August 8, 1994, February 8, 1995 and August 8, 1995 debt service payments drew $2,877,107,46 from the reserve funds created for this purpose, ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE Published in the Poway News Chieftain on July 27 and August 3, 1995. RECOMMENDATION It is recommended that the City Council adopt the attached resolution establishing $17,229.84 per net usable acre for developed and undeveloped land as the amount of the special assessment for property within the Community Facilities District No, 88- 1 (Parkway Business Centre) for fiscal year 1995-96. JLB:JDF:PAS:eg Attachment: Proposed Resolution Setting the Special Tax Rate for FY 1995-96 4 of 8 AUG 8 1995 ITEM 8 - - ,- RESOLUTION NO, 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, SETTING THE SPECIAL TAX RATE AND THE AMOUNT TO BE LEVIED ON PROPERTY WITHIN THE COMMUNITY FACILITIES DISTRICT NO, 88-1 (PARKWAY BUSINESS CENTRE) FOR FISCAL YEAR 1995-96 WHEREAS, the City Council of the City of Poway, California has approved the formation of the Community Facilities District No, 88-1 (Parkway Business Centre) pursuant to the terms and provisions of the Mello-Roos Community Facilities District Act of 1982, and WHEREAS, the City Council by following the provisions set forth and said act authorized the issuance of $30,000,000 in 1989 Special Tax Bonds and an additional $8,000,000 in Series 1990 Special Tax Bonds, and WHEREAS, Ordinance No, 289 provides for the annual setting of a special tax rate amount to be levied on property within the District to service the prinCipal and interest due on the bonds, NOW, THEREFORE, BE IT RESOLVED THAT the special tax necessary to be collected on property within the District for fiscal year 1995-96 is set at - $17,229.84 per net usable acre on developed property within Phase I of the District and on undeveloped property within Phase II of the District and that the special tax shall be spread on the 260,2 net usable acres as follows: Amount of Lot Number APN Numbers Net Usable Acres Assessment UNIT 1: 1 317-280-56 16.5 $ 284,292,36 2 317-280-57 5.3 91,318,16 Parcel 105 (Park) N/A N/A N/A Parcel 106 317-280-47 3,7 63,750,40 Parcel 107 317-280-48 7,0 120,608,88 Parcel 108 317-280-51 4,6 79,257.26 Parcel 109 317-280-52 1.6 27,567,74 Parcel 110 317-280-50 5,5 94,764,12 9 317-280-21 3,0 51,689,52 10 317-280-22 2,4 41,351.62 11 317-280-23 2.1 36,182.66 12 317-280-53 3,0 51,689.52 13 317-280-54 1.6 27,567.74 14A 317-280-60 3.0 51,689,52 14B 317-280-61 0.3 5,168,96 15 317-280-58 2,6 44,797,58 16 317-280-28 2,7 46,520.56 - 5 of 8 AUG 8 1995 ITEM 8 . 'J Resolution No, 95- Page 2 Amount of Lot Number APN Numbers Net Usable Acres Assessment 17 317-280-29 2.7 $ 46,520,58 22 317-280-34 2.9 49,966,54 23 317-280-35 3,0 51,689,52 24 317-810-28 0,9 15,506,86 25 317-810-29 0,7 12,060,88 26 317-810-30 0,8 13,783.88 27 317-810-04 1.2 20,675,80 28 317-810-05 0,7 12,060,90 29 317-810-33 0,7 12,060,88 30 317-810-33 0,8 13,783.88 31 317-810-33 0,6 10,337.90 32 317-810-09 0,8 13,783.86 33 317-810-31 1.1 18,9S2.82 34 317-810-32 1.2 20,675,82 35 317-810-12 0,8 13,783,86 36 317-810-13 0.7 12,060.90 37 317-810-14 0.7 12,060,88 38 317-810-15 0.8 13,783,88 39 317-810-16 0.8 13,783.86 40 317-810-17 0,8 13,783,88 41 317-810-18 0.8 13,783,86 42 317-810-19 0,7 12,060,90 43 317-280-36 2,6 44,797,58 44 317-280-37 3.0 SI,689,S2 45 317-280-38 3,1 53,412,50 46 317-280-39 2.9 49,966,S4 47 317-810-36 1.4 24,121.78 48 317-810-35 0.5 8,614,92 49 317-810-22 1.3 22,398,78 50 317-810-23 1.0 17,229,84 51 317-810-24 1.2 20,675,82 52 317-810-25 O,g 15,506,86 53 317-810-26 0,8 13,783,86 54 317-810-27 1.0 17,229,84 55 323-090-62 5,4 93,041.14 56 323-090-63 3,3 56,858,48 57 323-090-64 3.2 55,135,48 UNIT 2: 1 323-090-17 9.4 161,960.S0 2 323-090-17 6.8 117,162.92 3 323-091-02 2.3 39,628,62 4 323-091-02 2.4 41,351.62 5 323-091-05 3,1 53,412,50 6 323-090-66 5,9 101,656,06 7 323-090-66 3,2 55,135,50 6 of 8 AUG 8 1995 ITEUS .1 - -- -- Resolution No, 95- Page 3 Amount of Lot Number APN Numbers Net Usable Acres Assessment 8 323-090-66 4,8 $ 82,703,24 g 323-090-43 4,3 74,088,30 10 323-090-69 4,0 68,919,36 11 323-090-69 3,7 63,750,42 12 323-090-17 3,4 58,581. 46 13 323-090-17 3,7 63,750,40 14 323-090-17 4,3 74,088,32 15 323-090-69 3,0 51,689,52 16 323-090-69 2,5 43,074,60 17 323-090-69 2,9 49,966,54 18 323-090-69 2.8 48,243.54 19 323-090-69 2,3 39,628,64 20 323-091-05 3,0 51,689,52 21 323-091-05 3,6 62,027,42 22 323-090-69 4,1 70,642.34 23 323-090-69 4,1 70,642.34 24 323-090-69 4,3 74,088,30 25 323-090-69 4,0 68,919.36 26 323-091-05 3.4 58,581. 46 27 323-091-0S 3.9 67,196,38 28 323-091-05 3,6 62,027,42 29 323-091-05 2,7 46,520.58 30 323-09I-OS 2,5 43,074,60 31 323-091-05 2,2 37,905.64 32 323-091-05 3,4 58,581. 46 33 323-091-05 2.4 41,351.62 34 323-091-05 3,4 58,581. 46 35 323-091-05 2,3 39,628.64 36 323-091-05 2,2 37,905.64 37 323-091-05 2,2 37,905,64 38 323-091-05 2,4 41,351.62 39 323-091-05 5,0 86,149,20 Total 260,2 $4,483,204.38 - 7 of 8 ~UG 8 1995 ITEM 8 ' l" Resolution No, 95- Page 4 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting thereof this 8th day of August, 1995. Don Higginson, Mayor ATTEST: Marjorie K. Wahlsten, City Clerk STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No, 95- was duly adopted by the City Council at a meeting of said City Council held on the 8th day of August, 1995 and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: Marjorie K. Wahlsten, City Clerk City of Poway c:\wpfiles\taxrate.res 8 of 8 AUG8 ms ITEM 8 I~ ~ - --