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HomeMy WebLinkAboutAgenda Report - November 3, 1993 (55)00 CITY OF LODI ,'^- COUNCIL COMMUNICATION AGENDA TITLE: ALTERNATIVE TAX APPORTIONMENT (TEETER) MEETINr DATE: November 3, 1993 PREPARED BY: Finance Director RECOMMENDED ACTION: That the City Council adopt the attached Resolution to authorize the San Joaquin County Auditor -Controller to apportion property tax revenues due the City of Lodi in accordance with the provisions of the Teeter Plan. BACKGROUND INFORMATION: On September 23, 1993, San Joaquin County notified all local agencies in San Joaquin County that the County Board of Supervisors would adopt an alternative property tax apportionment method known as the "Teeter Plan" and requested cities to adopt a resolution to "opt -in" to the plan (See Tab A). On October 5, 1993, the County Board of Supervisors adopted the Teeter Plan at a regularly scheduled meeting of the Board. On October 7, 1993, the County Auditor -Controller's Office mailed a copy of the Resolution adopting the Teeter Plan by the Board of Supervisors' (See Tab B) and again requested that Lodi file the "opt -in" resolution with the County by October 31 in order to receive our allocation of delinquent taxes in early November. At the regular scheduled meeting of the City Council on October 20, 1993, the Teeter Plan was presented to the City Council. During discussion on the Plan, members of the Council expressed their reserva•ions as to whether adopting the Plan was in the best interest of the City. Staff requested the report be tabled until the meeting of November 3, 1993 to allow time for additional research and to obtain additional information to support the staff recommendation. The report was then tabled by the City Council until November 3, 1993. COUNTY REQUEST The County Board of Supervisors has requested that cities in the County adopt a Resolution to "opt -in" to the "Teeter Plan". This same request was expressed in a letter from the County Auditor -Controller dated October 7 and extended the deadline for filing the "opt -in" resolution to October 31, 1993. During discussions with the Auditor -Controller's Office on October 26 and 27 regarding the "Teeter Plan", staff was informed that the County will implement this Plan for all cities based on recent Court decisions in Tuolumne County and Sonoma County which ruled that cities do not have an option. If the Plan is adopted by the County, than cities will receive their tax apportionment in accordance with the Teeter Plan. APPROVED: THOMAS A. PETERSON Wyeledq. p„ City Manager cc -1 The County justifies the Teeter Pian as a one-time opportunity to obtain approximately $10 million in property tax which would otherwise go to schools in San Joaquin County. This shift in property tax will be offset by the State in accordance with SB 742 in which the State will make up the loss to schools. The County and many cities believe that this additional revenue more than offsets the loss in revenues from property tax penalties. In addition, the County has reservations and concerns with maintaining two tax allocation plans. It would be difficult to administer and require special programming. REASONS FOR ADOPTING THE TEETER PLAN The 'Teeter Plan" offers the following benefits to the City of Lodi: ' The City will receive a one-time increase in property tax revenue ($482,000) * Simplifies property tax revenue estimation * Stabilizes property tax revenue * As a show of support for the Board of Supervisors' and other cities in the County during difficult financial times In addition to the benefits listed above, the City should consider the time value of a dollar today versus the promise of future revenues. Today the City can get a one-time property tax distribution of $482,000 or receive between $30,000 and $38,000 per year in future years, maybe. These future revenues are not guaranteed and are subject to uncertainty such as: changes in the delinquency rates, a change in the 18% penalty, a change in inflation, a change in the tax allocation method, etc. REASON FOR NOT ADOPTING THE TEETER PLAN By supporting the "Teeter Plan" the City of Lodi forfeits the right to future tax penalties in the amount of 1 1/2% per month of delinquent property taxes due the City. This is between $30,000 and $38,000 per year based on prior year history. Dixon Flynn Finance Director Attachments Resolution No RESOLUTION REQUESTING INCLUSION OF LODI INTO THE ALTERNATIVE ME111013 OF PROPERTY TAX DISTRIBUTION KNOWN AS THE TEETER PLAN WHEREAS, State Law authorizes counties to adopt alternative procedures for the distribution of property tax revenue, commonly known as the Teeter Plan; and WHEREAS, the Revenue and Taxation Code Sections 4701 and 4717 allow for this alternative method of property tax apportionment; and WHEREAS, this City Council has determined that adoption of the Teeter Plan by the County of San Joaquin and application of the Teeter Plan to this City is beneficial; NOW, THEREFORE, BE IT RESOLVED that the San Joaquin County Auditor -Controller is authorized to apportion property tax revenues due this City according the provisions of the Teeter Plan. Adopted by the City Council of the City of Lodi this 20th day of October 1993 by the following vote: AYES: Council Members - NOES: Council Members - ABSENT: Council Members - ABSTAIN: Council Members - Jennifer M. Perrin City Clerk W Office of the County Admiristrator COUNTY OF SAN JOAQUIN Courthouse, Room 707 222 East Websr Avenue Stoclaon. Caldomia 95202-2779 (249)468-3211 Same letter has been sent to: City Managers • Superintendent of Schools Dear September 23, 1993 • Redevelopment Agencies Special Districts not governed b,v the County Board of Supervisors .Alternative Method of Tax Apportionment (Tetter Plan) P. 01 --2-,1- 4 Revenue and Taxation (RScT) Cod -c Sections 4;D1 through 4717 allow for an alternative method of tax apportionment known as th,_ Tee:cr Plaa..fhis method allows counties to apportion 1000 of current utxes levied (billed) to taxing a•aut:cs anti eliminates the need to apportion delinquent taxes collected. On August 11. 1903, the County ; N.3arct cif Stti.e;visors conceptually approved the implementation of the Teeter Plan effecdvc fiscal year 1993-9.1. Bated on the preliminary benefit analysis pre- pared jointly by the Auditor- Con, rililer, lite I'rGasucer-Tax Collector, and the County Administrator, except for the school disrupts. it is anticipated that this plan will provide substan- tial one --time benefits for all local taxing entiti,:s. It will also provide a consistent, predictable cas-1 How in future years. According to R&T Code Section 3 715, any agency that is deemed not to have the Country Trea- sury as its legal depository must have its governing body adopt a resolution to be included in the Teeter Plan. The County Auditor's Office t:tust receive your acency's approved resolution rs soon as possible to allow the San Joaquin County Board of Supervisors' approval by the October 15 deadline. Aa the TL::t; r ?l..n has tx:en scheduled to be held at the fol- lowing time and place: Date: Thurxlay, Scpternhs,-r 30. 1993 'rime: 8:30 a.m. Place: Sheriff's Auditor L13 Post -It', branc fax transm.tS31 rrBmO 7571 •urpe9es • `-� Counnoiv�e Ba: n; :t rem 1— ---a 222 East '-Vt•her : ;• c lnie �: - Stoc.L'ton. Caiifmni:; C C co °eDt' t t x/ AA/C. F phone Faa • Faa - : r. - - Alternative Method of Tax Appo.ti.x:.ncnt ;T;:ctcr Pian) September 23, 1993 Page 2 The following attachments are in..-iaded lwre to provide you additional informetion regarding the Teeter Plan and its impacts to your agency. T ese will be discussed in detail at Thursday's meeting. • Attachment A — Fact Sheet Attachment B — Compari.-,on of Regular vs. Teeter Allocation for 1988-89 to 1992-93 Attachment C — Projected 1993-94 One -:r. -Me Benefit . Attachment D —Sample "Opt -In- Resolution, 'Ale strongly urge your attendance as the Teeter flan may have significant short and long-term fiscal implications for your agency. If you hive any questions before our scheduled meeting, please do not hesitate to call me at 468-3211. or Adrian Van Houten. Auditor -Controller. at 468-3925, or Tom Russell, Treasurer -"fax Collector, ector, at 468--2133. Adrian Van Houten 'rhomas R. Russell Auditor -Controller Treasurer -Tax Collector (_ r t>' Biel Wingett County Administrator MGW:RSL Attachments #RSL09-15 r Attachment A County of San Joaquin Aiternatjve Method o¢ Tax Apportionment The "Teeter" Pian Background/Status In 1949, the State Legislature adopted Revenue and Taxation Code Section 4701 which authorized the "Alternative Method of Property Tax Distribution." This alternative method was proposed by the Centra Costa County Auditor -Controller whose last name was Teeter, and therefore, the;netis scmetimes referred to as the "Teeter" PIan. As stated in Section 4701, "It is. . . the object to this alternative procedure to accomplish a simplification of the tax -levying and tox-apportioning process and an increased flexi- bility in the use of available cash resources. Tris method has been used by Contra Costa for over 40 years and is used in four o! her counties (Solano, Siski ou, El Dorado, and TuoIumn ). Many counties are now considering whetter to convert to -Me -Teeter Plan because of the local property tax shift to schoa:s and the one-time property tax reduction provision of SB 742. The basic concept of the Tceter PIan is that ea:'i taxing agency receives 100% of their cur- rent secured tax levy. The amount paid each year in excess of actual collections is funded from a Tax Resources Fund. Monies coilected from delinquent secured taxes are then added back to the Tax Resources Fund. Delinquent and redemption penalties are placed in a Tax Loss Reserve Fund. 1%" -en the rase^ -e fund reaches four percent of all taxes and assessments levied for the fiscal year, ::ny e% -c ass is then available to the County General Fund. Currently, the :County Auditor -Controller apportions secured taxes as collected. Since collections are normally 95`Yo !o 97% u: levy, there is always a portion o: b -:cured taxes that become delinquent. When these delinquent taxes are paid, taxes and penalties are apportioned to the taxing agencies. If the taxes are never paid and the property is sold by the County, taxing agencies, including the County; wait at least five years to receive their share of secured taxes. Conversion to the Teeter Paan require, ;6ende-, to forego their distribution of delinquent penalties and redemption per.lties, c•,rr, ally xt 1-1 /2% per month, on delinquent taxes which they now receive under he c:jm en.iunal (regular) apportionment method. How- ever, they would receive IGC r,c their `eCULCd tax levy each year, with the delinquent and redemption penalties revesting v; the Loss Reserve Fund. To convert to the Teeter Plan, San Co.t,;ty would be required to buy out the existing delinquent taxes owed to ea.n tcix, . ..bency. It is estimated that the buy --out Of all delinquent taxes, direct assessmcrts (t:.:i;;.iinb Mello Roos), and penalties, at June 30, 1993 to be approximately $29.5 rnillion. Page I of 2 ate" ....y - Revenue and Taxation Code Section 4713 recltti:es that five percent of the buy-out amount, excluding the portion pertaining to special assessment, be deposited into the Tax Loss Reserve Fund. Potential Benefits: The Teeter Plan offers the :axir - agencies i£: San Joaquin County the :ollowing benefits: o r Provides a one-time increase in pr,)perty tax revenues to all taxing agencies. a Simplifies :he property tax revenue estimation and allocation process for the agencies and the Auditor -Controller. > Stabilizes property tax revenues for all recipient agencies. Fiscal Implications: The Te.>ter Plan has a direct effect on - ; ery a8ency that receives a share of San Joaquin County's secured property taxes or places special assessments on the tax roll. All taxing agencies converted to the Teeter Plan u-c;uld r�_ceive 95% of the delinquent property taxes plus 951/6 of prior years' delinquent and redemption pen: Ities and 100% of current year levy. Additionally, agen_ies, except sc'rcx4s, would also benefit because the County would be buying out delinquent taxes at e :cperty tax distribution Afacrors not affected by the property tax shifts for 1943-94. For the County General Fund, the one-time increase in property taxes would be approx- imately $8 8 million. This 58..x.: Billion will be used to finance the required reserves to implement the Teeter Plan. Additionaily, SB 7212,'1993) allows counties converting to the Teeter PIan a one-time proper• shift :eduction for the excess property tax revenue that schools receive in 1993-94 due to the conversion. This one-time "credit" for the County is estimated to be approximateiv S-_0.6 million. Steps to Implementation: > San Joaquin Countv l;cr.rd of Supervisors must adopt a resolution converting to the Teeter Plan by C ktober 15, 1993. a Any taxing agency ±rat deer ed not to have the County TreaFury as its legal depository must have gov.,rn n5 reedy adopt a "opt -in' r,:sclution •o be included in tht Teter Plan. r Any modifications to t?,_ prope.:v tax ;tilocistion system must be implemented prior to the firs; prcperr; taa Alucatior, inDecember 1993. la e2of2 $27.5 x $25.0 ri F- $22.5 U o $20.0 i Q $17.5 $15.0 a Scan Joaquin County Cities Comparison of Regular Vs. Teeter Method Allocation 1988-89 1989-90 1990-91 1991-92 1992-93 ® Re war 1 $18,341,509 $20,090,400 $23, 474, 203 525, 723,134 $24,841,161 Teeter $18,106,441 $20,100,178 1 $23,484,021 $25,925,928 $211,743,915 1-14 27 cD Z3 V-« F 1 County of San Joaquin Conversion to Teeter Plan -- Financial Analysis Projected 1993-94 Secured & Delingent Property Tax Allocation Counry Gwwrrd Fund ROao Dtatrr:l3 Cowry Utxrlr Cenwlory WbrcIs :kmnc a Droa.ct. U ua 1 c :r.A'Jn L -.t 1 rq, t. -r+, M .1,..,C, Ifitwt„q Trory Fapcn 11-x1 Sower La:)wr-p Storm Drainage Lauvop Street upping La84op Nlnter District Fire DIStr1C13 Flood Callrol DISL•icts Lighting Districts Maintonance Dlsbtcts MOsolo Ab3te Dis4tC1 Fhoc:am U,>n Districts Sr.nillm/ MOICis Leckc,lad Commurwty Service iY3'3( Conservation DisMils lribjat; m Districts Stodctan M4troTransit Cciunty Son" Arew Redeveloprrwnl Agencies S.pl.nt4r 23. 1993 Conventional Allocation Me#" (Regular) Current 309.632 U.u,911 Secured Detinqu4nt TOW 195% of C:u,p.$) (AcWi 22-m t1.v I Alk=bon A .-005% 0 C e A40 51610 .: Ski" 2,310,127 41,755,1111 4,716,418 46,531,534 2,52n,4O0 151,028 2,661,117 1,73;.271 102,337 1,641, P07 139,922 10,099 150,022 31,16.] 2,349 3_.e-2 2r•8,s77 21,406 309.632 U.u,911 36,462 591,354 3,457,1 b0 208,100 3,72S,:na 1,]i: GEJ 105,576 1.a3<),i40 :,19► 51610 .: Ski" 2,310,127 468.520 2,972,353 229,021 3.202,174 40,939 2,704 -41,643 86,512 5,606 92,118 9,214 600 9.814 47,032 2,684 49,917 7,407.91S 354,795 7,042.710 614,711 48,644 665,355 95,211 7,654 102,866 214,923 19,966 234,&" 1,387,633 94,676 1,482,510 362,176 26,821 388,997 53.082 4,395 57,477 52.670 3,921 56,S92 400,707 26,523 426,630 1,517,311 112,037 1,629.348 408,629 40,113 446,741 91,699 8,197 97,895 5,970,031 342,727 6,312,758 7'"ImPlan Allocation Method Current Sowed DolinquwA (I33Sd Gwpe.) (A6% of AA) Unapprobonad Tam Collected T0131 1993-04 (n An. -.Ana 03) Allocation Gain F GffD4E4F ti.G-C 43,952,754 9,605,619 1769,838 55,318,211 8,796.677 2,662,621 397,101 72.411 3,132,133 451,016 1,8'30612 406,900 72.416 2,310,127 468.520 147,287 18,835 3,474 169,596 19,575 3;.1.1'% 4,11.1 758 3H,^13 4.iSC. 30? 6(A 46,439 8.557 358016 4e,723 70,953 10:,0,5 771,-131 11,11 0,37 3.6:0 +37 553,812 14.548 4.207.41W 4e2.ZK)b 11,154W.014 340,120 55,311 2,24:.504 sr•3 e; 'r:.r •. �� 32,791 7.065 279,300 i�-.:. •47 2,061.417 379,635 16,873,100 2.113.:=i 3,124,7v2 602,397 92.571 3,723,160 521,5b6 43.0!'14 5,617 1.000 49,711 6,068 9I w 11,701 2.083 104,849 12,731 9,6S 1,222 217 11,138 1.324 49,507 6,153 1,095 56,755 6,039 7.882,016 960,710 176,825 9.027.551 1,184,841 649,169 83,525 I5,300 743,084 82,729 100,223 13,286 1,451 115,959 13,093 :26,235 28,993 5,381 260,609 25,720 1,460,377 186,755 34,380 1,682,013 199,503 351,236 41,053 7,543 429.634 40,837 $5,876 7,516 1,392 64,784 7,306 55,443 7,116 1,320 63,879 7,287 Zr 421,165 51,289 0,253 481,707 $5.078 Z 1.607,169 207,787 38,372 1,843,328 213,980 430,135 55,832 10.401 496,369 47,627 96,525 22,734 4,111 123,371 25,475 "► 6,284,243 687,854 107,884 7.079,981 767,223 0 Freparvt 9/ SJC CAOWANOI-Ca4oMr Asx«:,. o.,-...,:.....:.:«r..•a.+*ruwr a.,,-,,..«......... ..: D •i� a'— Resolution of the City Council of Resolution 93-- Attachment 3 Attachment D Resolution Requesting Inclusion of this City into The Alternative Method of Property Tax Distribution Known As The Teeter Plan WHEREAS, State Law aum.ortzes counties to adopt an alternative procedure for the distri- bution of property tax revenue. cummunly known as the Teeter Plan; and WHEREAS. Revenue and Taxation Code Sections 4701 through 4717 allow for this alter- native method of property tax apportionment; and WHEREAS, this City Council has dctennine.d that adoption of the Teeter Plan by the County of San Joaquin and application of the Tecu f Plan to this City could be beneficial; NOW, THEREFORE. BF IT R i- 3,0LI N :D that ui an the approval of th-- Board of Supervi- sors of the County of San Joaqu;a, LIX San Joaquin: County Auditor -Controller is authorized to apportion property tax revenues due this City according to the provisions of the Teeter Plan. Attachment D Resolution of the Board of Directors of Resolution 93— Resolution Requesting Inclusion of this District into The Alternative Meihod of Property Tax Distribution Knovn As The Teeter Plan WHEREAS. State Law uuthorizes courses to adopt an alternative procedure for the distri- butior of property tax revenue, commonly known as the Teeter Plan; and WHEREAS, Revenue and Taxation Code Sections 4701 through 4717 allow for this alter- native method of property tax apportionment; and WHEREAS, this Board of Directors his determined that adoption of the Teeter Plan by the County of San Joaquin and applicatirn of the Teeter Plan to this District would be beneficial; NUN. THEREFORE, BE IT RESOLVED ,hat upon the approval of the Bcatd of Supervi- sors of the County of San Joaquin, the San hac;uin County Auditor-Ccntroller is authorized to apportion property tax revenues due this District according to the provisions of the Teeter Pian. TOTAL P-0 OFFICE OF THE AUDITOR -CONTROLLER SAN JOAQUIN COUNTY 24 S. Hunter Street - Room 103 Stockton, California 95202 Phone: 209/468-3925 Fax: 209/468-3681' Q�A4!!y r.' r. a: �i ADRIAN J. VAN HOUTEN AUDITOR -CONTROLLER October 7. 1993 City of Lodi 221 W Pine St Lodi CA 95241 Dear Council Members: rNybion Chiefs Angela Hou -Auditing Shabbir Khan - Property Taxes Margaret Miller - Accounting Alternative Method of Tax Apportionment (Teeter Plan) On October 5, 1993, the County Board of Supervisors approved Resolution R-93-646 adopting and implementing the Alternative Method of Tax Apportionment, also known as the Teeter Plan, effective fiscal year 1993-94. and indefinitely thereafter (see attached). Our office will distribute the delinquent taxes during the first week of November. In order for your agency to receive your allocation of the delinquent taxes, you must file an executed opt -in resolu- tion (sample attached) with my office no later than October 31, 1993. Please note that at our September 30th meeting, we informed you that the deadline to file the resolution was November 30, 1993. This change will allow us to advance the delinquent taxes to your agency in early November instead of late December when the first property tax apportionment of the current charges is normally made. We strongly urge your prompt attention to this matter. If you have any questions, please call me or Shabbir Khan of my staff at 468-392`_•. very truly yourA. A an Houtcn %%�� Auditor -Controller AVH Attachments c: County Administrator's Office Treasurer -Tax Collector County Counsel #RSL 10-03 Resolution of the City Council of Resolution 93— Resolution ;Requesting Inclusion of this City into The Alternative Method of Property Tax Distribution Known As The Teeter Plan WHEREAS. State Law authorizes counties to adopt an alternative procedure for the distri- bution of property tax revenue. commonly known as the Teeter Plan; and WHEREAS, Revenue and Taxation Code Sections 4701• throush 4717 allow for this alter- native method of property tax apportionment; and WHEREAS, this City Council has determined that adoption of the Teeter Plan by the County of San Joaquin and application of the Teeter Plan to this City would be beneficial; NOW, THEREFORE, BE IT RESOLVED that upon the approval of the Board of Supervi- sors of the County of San Joaquin, the San Joaquin County Auditor—Controller is authorized to apportion property tax revenues due this City according to the provisions of the Teeter Plan. r - Before the Board of Supervisors of the County of San Joaquin, State of California RESOLUTION R-93— Resolution Adopting and Implementing the Alternative Method of Distribution of Property Tax Levies and Assessments WHEREAS. Chapter 3 (commencing with Section 470 1) of Part 8 of Division I of the , California Revenue and Taxation Code (hereinafter called "the Act") authorizes a county to elect by resolution to adopt an altemative method of distribution of property tax levies and assessments on the secured roll made by a county on its behalf or as the tax -levying and tax -collecting agency for other political subdivisions; and WHEREAS. upon election, the alternative method is applicable to'all property tax levies and assessments made by the County on behalf of all public districts except those for which the County Treasury is not the legal depository and which do not agree by resolution to participate in such an alternative method; and WHEREAS. the Act requires that the County establish a tax losses reserve fund which shall be used exclusively to cover losses which may occur in the amount of tax liens as a result of special sales of tax -defaulted property; and WHEREAS. the Board of Supervisors of the County of San Joaquin desires to implement the alternative method authorized by the Act. NOW. THEREFORE. BE IT RESOLVED that the Board of Supervisors of the County hereby elects. pursuant to Section 4702 of the Revenue and Taxation Code. to place into effect in the C,.)unty the alternative method of uistribution of property tax levies authorized by the Act for the 1593-94 fiscal year azd for all following years until discontinued pursuant to the provisions of the Act. BE IT FURTHER RESOLVED that the Board of Supervisors of the County elects. pursu- ant to Section 4702.5 of the Revenue and Taxation Code. to extend the procedures provided by the Act to assessments that are entered on the secured tax roll for the current year. BE IT FURTHER RESOLVED that the Board of Supervisors of th,- County elects. pursu- ant to Section 4713 of the Revenue and Taxation Code. to make the procedures provided for therein ap; licable to delinquent taxes and assessments for the years prior to the 1993-94 fiscal year. BE IT FURTHER RESOLVED that the Auditor -Controller and the Treasurer -Tax Collec- tor of the County shall establish and maintain a ",losses reserve fund in accordance with the pro- visions of Section 4703 of the Revenue and Taxatic•n Code. -0jr- ;., U R -93 (V9 � - BE IF FURTHER RESOLVED that the Auditor -Controller and the Treasurer -Tax Collec-. for of the County shall take all actions consistent with the provisions of the Act necessary to carry out the purpose and intent of this resolution. BE IT FURTHER RESOLVED that this alternative method of distribution shall be appli- cable. pursuant to Section 4715 of the Revenue and Taxation Code, to those public districts for which the County Treasury is not the legal depository and which have agreed thereto by a resolu- tion of their governing board adopted not later than October 31. 1993. BE IT FURTHER RESOLVED that the Auditor -Controller, the Treasurer -Tax Collector. and all other officers and employees of the County shall do and perform all things necessary to carry out the purpose and intent of this resolution. 5 1993 PASSED AND ADOPTED. this QCT by the following vote of the Board of Supervisors, to wit: AYES: BARBER, WILHOIT, SIMAS, CABRAL, SOUSA NOES: NONE ABSENP ONE WILLIAM N. SOUSA WILLIAM N. SOUSA. CHAIRMAN Board of Supervisors County of San Joaquin State of Califonda ATTEST: JORETTA J. HAYDE Clerk of the Board of Supervisors of the County of San Joaquin. State of California i u . -sem By f,1NDY DUBRUTZ Deputy Clerk -2- Before the Board of Supervisors County of�a �Jo a cLu� Sate of California MOTION: WILHOIT / BARBER Public Hearing to Consider Resolution Adopting and Implementing the Alternative Method or Property Tax Apportionment This Board of Supervisors does hereby approve the resolution adopting and implementing the Alternative Method of PropertyTax Apportionment (Teeter Plan) for fiscal year 1993-94, and indefinitely thereafter. I MEREBY CERTIFY that the above order was passed and adopted on October 5, 1993 by the following vote of the Board of Supervisors, to wit.- AYES: it:AYES: BARBER, WILHOIT, SIMAS, CABRAL, SOUSA. NOES: NONE ABSENT: NONE ABSTAIN: NON E c: County Adtpinistrator. 'treasurer -Tax Collector Auditor -Controller. County Counsel Board Clerk CIA iza" IORETIAJ_HAYD'i':2: 'r c r..; Clerk of the Board of Super Asors County of San Joaquin ',.: State of California ' JORETTA J. HATV11 8. INFORMA7 A Local Government Fina: SB 742 (Senate Committee on Budget and Fiscal Review). Teeter Plan. Signed i v ,ov rnor. In 1993-94, many counties in the state will be implementing a different property tax allocation procedure in 1993-94 known as the 'Teeter Plan". First enacted in 1949, the 'Teeter Plan" provides an alternative way to handle the allocation of revenues attributable to delinquent property taxes. Counties may, but arc not required to, use the Teeter Pian. Prior to 1993-94, five counties (Contra Costa, EI Dorado, Modoc, Siskiyou and Solano) implemented the Teeter PIan. Counties may adopt the Teeter Plan, after a public hearing, by resolution of the board of supervisors. The plan will thereafter remain in effect unless (1) the board orders its discontinuance or (2) a petition is filed with the board by not less than two-thirds of the participating revenue districts in the county for its discontinuance. Signed by the Governor on July 19, 1993, SB 742 extends the date by which counties must pass an ordinance enacting the Teeter Plan from July 15 to October 15 for the 1993-94 fiscal year. In addition, SB 742 allows counties adopting the Teeter Plan for the first time this year to reduce their 1993-94 property tax shift pursuant to SB 1135 by an amount equal to the net property tax revenues received by school districts in 1993-94 attributable to tile, Teeter Plan. Counties electing to operate under the Teeter Plan allocate property taxes to jurisdictions based on the total amount of property taxes levied, not the amount collected. At the time the county adopts the Teeter Plan, the county must forward to each local agency delinquent property taxes from prior fiscal years. In each county that adopts the Teeter Plan for the first time in 1993-94, the cities and all other taxing agencies will receive a lump sum payment of all prior delinquencies. For counties not operating under the Teeter Plan, interest and penalty is allocated to all local agencies based on their pro rata share of the delinquent property tax. However, the county does retain the penalty on delinquent property taxes if the delinquency is cleared up within the same fiscal year. By adopting the Teeter Plan counties are allowed to retain the interest and penalty on delinquent property taxes in exchange for advancing the full property tax payment to other jurisdictions. Given the current spread between the rate at which counties can borrow funds to finance the revenues they advance to other jurisdictions, and the interest rate of 1890 and the 10% penalty charged on delinquent taxes, some counties believe they can profit from adoption of the Teeter Plan. Other counties have estimated that except for the one-time reduction in their property tax shift in 1993-94, allocating property taxes pursuant to the Teeter Plan is a revenue loss for counties over the next ten years. in fact, the only significant change to the Teeter Plan in SB 742 is the one-time reduction in the property tax transfer. When evaluating the Teeter Plan, cities must consider the property tax delinquency rate in their jurisdiction, the level of recoverable delinquencies and their estimation of inflation and the cost of borrowing money over the next ten to twenty years. (Referred to previously in Bulletin #28-1993.) October 1, 1993 Property Tax Calculations for Teeter Plan Calculating Delinquency rate based on actual amount billed to property owners (100% Secured) Allocation Factor for City of Lodi 1988-1989 1989-1990 1990-1991 1991-1992 1992-1993 1993-1994 0.02451064 0.02524835 0.02404381 0.02348419 0.02067363 0.01801585 Allocation factor is county wide in relation to total tax levy 1986-1987 1987-1988 1988-1989 1989-1990 1990-1991 100% Secured 2,590,615.63 2,833,126.44 3,066,924.10 3,467,733.65 3,761,090.05 Collected by S.J.Co. 2,492,202.17 2,749,979.06 2,967,190.37 3,363,878.42 3,630,346.76 Balance (Delinquency) 98.413.46 83,147.38 99,733.73 103,855.23 130,743.29 Delinquency rate 3.80% 2.93% 3.25% 2.99% 3.48% Calculating % paid to City of Lodi based on actual amount bill to property owners (100% Secured) 100% Secured 2,590,615.63 2,833,126.44 3,066,924.10 3,467,733.65 3,761,090.05 %95 paid to C c,f L 2,461,084.85 21691,470.12 2,913,577.90 3,294,346.97 3,573,035.55 Retained by S.J.Co 129,530.78 141.656.32 153.346.20 173,386.68 188.054.50 Calculating the difference between the delinquency and the amount retained by S.J. Co. Retained by S.J.Co 129,."30.78 141,656.32 153,346.20 173,383.68 188,054.50 Delinquency 98,5#3.46 83,147.38 99J33.73 103,855.23 130,743.29 Difference 31.117.32 58.508.94 53,612.47 69,531.45 57.311.21 Allocation Factor for City of Lodi 1988-1989 1989-1990 1990-1991 1991-1992 1992-1993 1993-1994 0.02451064 0.02524835 0.02404381 0.02348419 0.02067363 0.01801585 Allocation factor is county wide in relation to total tax levy