File #: 13-1274    Version: 1
Type: Agenda Item Status: Approved
File created: 9/30/2013 In control: Board of Supervisors
On agenda: 10/8/2013 Final action: 10/8/2013
Title: Auditor-Controller recommending the Board consider the following: 1) Receive and file the Report of Special Tax Delinquencies for Community Facilites District No. 1992-1 (CFD 1992-1 Serrano); 2) Receive and file the Report of Special Tax Delinquencies for Community Facilities District 2001-1 (CFD 2001-1 Promontory); and 3) Adopt Resolutions 152-2013 and 153-2013 authorizing judicial foreclosure of delinquent special tax installments pursuant to the CFD 1992-1 and CFD 2001-1 Bond Indentures.
Attachments: 1. A - Report of Spec Tx Delinq Ltr J Harn 10-08-13, 2. B - CFD 1992-1 Delinq Report 10-08-13, 3. C - CFD 2001-1 Delinq Report 10-08-13, 4. D - CFD 1992-1 Delinq Resolution 10-08-13, 5. E - CFD 2001-1 Delinq Resolution 10-08-13, 6. Fully executed Resolution 152-2013.pdf, 7. Fully executed Resolution 153-2013.pdf
Title
Auditor-Controller recommending the Board consider the following:
1) Receive and file the Report of Special Tax Delinquencies for Community Facilites District No. 1992-1 (CFD 1992-1 Serrano);
2) Receive and file the Report of Special Tax Delinquencies for Community Facilities District 2001-1 (CFD 2001-1 Promontory); and
3) Adopt Resolutions 152-2013 and 153-2013 authorizing judicial foreclosure of delinquent special tax installments pursuant to the CFD 1992-1 and CFD 2001-1 Bond Indentures.
...Body
Fiscal Impact/Change to Net County Cost
No Fiscal Impact. Foreclosure costs should be reimbursed from foreclosure proceeds or funded by Special Tax proceeds collected for the CFDs.

Reason for Recommendation
The Bond Indentures for CFD 1992-1 (Serrano), 2001-1 (Promontory), 2005-1 (Blackstone), and 2005-2 (Laurel Oaks) require the Auditor-Controller to annually provide the Board of Supervisors with a list of Special Tax Delinquencies relevant to these CFDs. Attached are such lists for tax year 2012, as of September 20, 2013, for CFD 1992-1 (Serrano) and 2001-1 (Promontory). There are no delinquencies for tax year 2012 in CFD 2005-1 (Blackstone) and CFD 2005-2 (Laurel Oaks).

The Bond Indentures for these CFDs require the County to institute foreclosure proceedings on delinquent parcels. As of September 20, 2013, there are thirty- two (32) parcels that have unpaid special taxes for tax year 2012.

Twenty-five (25) parcels are located within CFD 1992-1 and seven (7) parcels are located within CFD 2001-1. Attached are the Resolutions authorizing the judicial foreclosure of these delinquent special assessment taxes. The County is currently under contract with Calfee & Konwinksi as counsel for the foreclosure leins of unpaid special taxes. Upon approval of the attached resolutions, these matters of foreclosure may be referred to counsel to begin foreclosure proceedings.

Action(s) to be taken following Board approval
1. The Board Clerk file the attached Rep...

Click here for full text