HomeMy WebLinkAboutAGENDA REPORT 2023 0301 CCSA REG ITEM 10ICITY OF MOORPARK, CALIFORNIA
City Council Meeting
of March 1, 2023
ACTION APPROVED STAFF
RECOMMENDATIONS.
BY A. Hurtado.
I. Consider Agreements with Willdan Financial Services and Jones Hall for
Formation of Community Facilities Districts. Staff Recommendation: 1) Approve
Agreement with Willdan Financial Services for a total not-to-exceed amount of
$75,000 annually; and authorize the City Manager to sign the Agreement, subject
to final language approval of the City Manager; and 2) Approve Agreement with
Jones Hall for a total not-to-exceed amount of $75,000 annually; and authorize the
City Manager to sign the Agreement, subject to final language approval of the City
Manager. (Staff: Jeremy Laurentowski, Parks and Recreation Director)
Item: 10.I.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
DATE: 3/01/2023 Regular Meeting
SUBJECT: Consider Agreements with Willdan Financial Services and
Jones Hall for Formation of Community Facilities Districts
BACKGROUND
The City has a long standing history of forming Landscape Maintenance Districts (LMDs)
to cover the costs of certain improvements. Initially, in 1984, a Landscaping and Lighting
Maintenance Assessment District No. AD 84-2 (AD 84-2), encompassing the entire City,
was created to fund costs associated with street lighting and the maintenance of various
landscaped areas in the City. This was a successor to the District enacted by the County of
Ventura prior to the incorporation of the City. In subsequent years, Zones of Benefit (Zones)
were added to fund improvements and the maintenance of certain specific areas. Later,
these Zones were changed to Districts 1 through 12.
Since 1984, the City has formed additional Districts to fund the maintenance of certain
landscape improvements in and adjacent to:
2001
• Silver Oak Lane Tract 5201 (AD 01-1, District 14)
• Country Club Estates Tract 4928 (AD 01-2, District 15 Zone A)
• Masters at Moorpark Country Club Tract 5463 (AD 01-2, District 15 Zone B)
• Mountain View Tract 5166 (AD 01-3, District 16)
2004
• Moonsong Court Tract 5307 (AD 04-01, District 18)
2005
• Campus Plaza Tract 5264 (AD 05-01, District 19)
2006
• Canterbury Lane Tract 5133 (AD 06-01, District 21 - Zone A)
• Ivy Lane Tract 5425 (AD 06-01, District 21 - Zone B)
2007
• Meridian Hills Tracts 5187 and 5405 (AD 07-02, District 20)
• Moorpark Highlands Tract 5045 (AD 07-01, District 22)
Item: 10.I.
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• 875 Los Angeles Ave IPD 2000-10 (AD 07-04, District 24)
2008
• Patriot Commerce Center CPD 2004-01 (AD 07-03, District 25)
2009
• 14339-14349 White Sage Rd CPD 2004-03 (AD 09-01, District 26)
2010
• Tuscany Square CPD 2005-02 (AD 10-01, District 31)
• 145 Park Lane CPD 2005-03 (AD 10-02, District 32)
Although the creation and the management of City’s LMDs has generally been
successful, they do not offer the flexibility that the City will need to fund improvements as
we move towards ultimate build-out. This is due to the fact that the City does not have
the financial capacity to subsidize maintenance costs associated with future development,
such as street maintenance, public parks, or other improvements within the City’s rights-
of-way. However, Community Facilities Districts (CFDs) offer a similar methodology to
taxing parcels, while allowing for a greater range of authorized improvements and
services.
In 2018, staff presented an agenda report to the City Council regarding the advantages
of CFDs. The City Council ultimately authorized staff to utilize CFDs for City government
services instead of LMDs when entering into new Development Agreements.
DISCUSSION
A CFD is a special tax district provided for in State Law that funds public improvements
and on-going services within an identified area. The Mello-Roos Community Facilities
District Act of 1982 authorized local governments to create CFDs for the purpose of selling
tax exempt bonds to fund public improvements and collect revenues to pay for public
improvements. Also authorized is the collection of revenue to fund services and
maintenance associated with the new development (a CFD by utilizing Government Code
53311-53368.3 for maintenance of facilities and services). Requirements of creating a
CFD include several procedural actions by the City Council and affected property owners,
such as an application, petition, Resolution of Intention including Rate and Method of
Apportionment and Boundary Map, Resolution of Formation, property owner election,
Public Hearing, and recordation of Notice of Special Tax. Prior to the formation of a CFD,
it must be approved by a two-thirds majority of the qualified voters within the proposed
district boundaries. As a general practice when forming a new funding mechanism
associated with residential development that relies on a property assessment, the election
regarding the imposition of an assessment is held before the property is subdivided, and
lots are sold to individual homeowners. The additional applicable assessment rate is
therefore disclosed to prospective homeowners by the home developer/builder.
Although the City will generally seek City Council concurrence on the maintenance of
improvements, or services, the Mello-Roos Community Facilities Act of 1982
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(Government Code 53311 et. seq.) can fund 100% of the cost of the following capital
improvements:
• Street improvements
• Water, Sewer, Storm Drain improvements
• Parks, Libraries, Schools and other Public buildings
• Development Impact Fees for any of the above
Additionally, a CFD Special Tax can fund 100% of the maintenance cost of the following
improvements and services:
• Police protection services
• Fire protection and suppression services
• Ambulance and paramedic services
• Recreation programs
• Libraries
• Schools
• Parks, parkways and open space maintenance
• Flood and storm protection services
• Street maintenance
LMDs are permitted under the Landscaping and Lighting Act of 1972 (1972 Act) and State
of California Proposition 218, the "Right to Vote on Taxes Act". The 1972 Act permits the
formation of LMDs, and annexation into said District to finance the installation,
maintenance and servicing of landscaping, trails, fencing, irrigation, streetlights, traffic
signals, bridge lights, graffiti abatement, and drainage facilities through annual
assessments on real property within the district. The annual assessment for each zone
in an LMD is based on the estimated specific benefit to each parcel, Equivalent Dwelling
Unit (EDU) or acre and not on property valuation. In 1996, State of California Proposition
218 required that all parcel assessments be presented to the property owners for their
authorization in order to levy a parcel assessment. A "Special Election" is conducted to
ascertain if 51% of the affected property owners are in favor of an annual assessment for
an LMD being added to their property taxes. Elections are conducted in the same year
the application for annexation is submitted. Although LMDs do provide for a number of
services to be included, they are not as broad as CFDs in the eligibility of services that
can be financed on an on-going basis.
CFDs and LMDs both tax parcels, or residential units, in order to fund certain public
improvements. However, as mentioned previously CFDs offer far greater flexibility and
ease in developing a methodology to tax parcels. An LMD is an assessment, which
requires a special benefit versus general benefit analysis and the finding of special
benefit, which is a more rigorous standard and presents greater risk to the City. The
methodology for a CFD just needs to be reasonable based on the quality and quantity of
services within a future development.
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Because a CFD does not require a finding of special benefit, flexibility is provided in
developing a methodology and special tax rates. CFD law specifically allows for a much
greater range of authorized improvements and services than assessments. For an LMD,
the City would be required to show that the improvements and/or services provide a
specific benefit to the parcels being assessed, that the larger public receives no benefit,
and based on this finding, develop the methodology for the District. For a CFD, as long
as the service is authorized in the law, it can be included in the methodology, and there
does not need to be direct association to the special tax rates being developed. If any
improvements within an LMD are shown to have some general benefit to the public, such
as public parks or street improvements, their inclusion would be restricted.
Currently, a developer for new development project, Danco Communities (Danco), has
requested the creation of a CFD to fund the public improvements associated with their
development project, Vendra Gardens. The creation of a CFD is a requirement of their
Development Agreement. Additionally, Danco is in the process of establishing the project
budget and has requested the creation of the CFD to provide validity to their proposed
project budget.
In order to move forward with the creation of future CFDs, the City will be required to
solicit the services of qualified consulting firms. Staff is recommending Agreements with
Willdan Financial Services and Jones Hall.
Willdan Financial Services (Willdan) has been providing public agencies with a
comprehensive approach to special district consulting since their inception in 1988. The
scope-of-work within the attached proposal outlines the tasks necessary for the
preparation of the budget and costs associated with the maintenance of the
improvements, special tax analysis, and preparation of required documents, including the
Rate and Method of Apportionment of Special Tax (RMA) and CFD Report, and the
completion of the procedural tasks necessary to execute the formation of the CFD.
Additionally, Willdan has included optional scope-of-services to review and update the
City’s existing CFD Goals and Policies, in the event modifications need to be made at a
future date.
Jones Hall has contracted with the City for many years to provide bond counsel services
for the City’s debt issuances. Jones Hall will help the City with a variety of procedural
tasks necessary for the formation of the CFDs, such as the Resolution of Intention to Incur
Debt for the CFD, publication of notice of public hearing, Resolution of Formation,
Resolution Calling Special Election, Resolution Declaring Results of Special Election,
Ordinance Levying Special Taxes, and the Notice of Special Tax Lien. Additionally, Jones
Hall will provide ancillary legal counsel and other tasks related to the formation process,
as needed.
The costs to form a CFD is approximately $45,000 to $60,000, depending on the size and
complexity of the CFD. For the Vendra Gardens project, Willdan has proposed a cost of
$23,750 and Jones Hall has proposed a cost of $25,000, for a total cost of $48,750. The
fees will be paid by the developer through a deposit collected by the City prior to initiating
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the development of the CFD. Staff recommends approving Agreements with both Willdan
and Jones Hall, for a not-to-exceed amount of $75,000 annually, so that future CFDs can
be formed without having to contract for each project specific CFD individually.
ENVIRONMENTAL DETERMINATION
The California Environmental Quality Act (CEQA) does not apply to activities that will not
result in a direct or reasonably foreseeable indirect physical change in the environment
or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA
State Guidelines §15060(c)(3) and §15378. The creation of a Community Facilities
District meets the above criteria and is not subject to CEQA. No additional environmental
review is required.
FISCAL IMPACT
There is not fiscal impact to the City. All fees will be paid by the developer.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
1. Approve Agreement with Willdan Financial Services for a not-to-exceed amount of
$75,000 annually; and authorize the City Manager to sign the Agreement, subject to
final language approval of the City Manager; and
2. Approve Agreement with Jones Hall for a not-to-exceed amount of $75,000 annually;
and authorize the City Manager to sign the Agreement, subject to final language
approval of the City Manager.
Attachment 1: Professional Services Agreement
Attachment 2: Willdan Financial Services Proposal
Attachment 3: Jones Hall Proposal
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PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MOORPARK AND [CONSULTANT] FOR
COMMUNITY FACILITIES DISTRICT FORMATION CONSULTING SERVICES
THIS AGREEMENT, made and effective as of _____________________________________,
between the City of Moorpark, a municipal corporation (“City”) and [CONSULTANT], a
corporation, (“Consultant”). In consideration of the mutual covenants and conditions set
forth herein, the parties agree as follows:
WHEREAS, City has the need for Community Facilities District formation
consulting services; and
WHEREAS, Consultant specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Consultant has submitted to City a Proposal dated
____________________, which is attached hereto as Exhibit C.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to June 30, 2026,
unless this Agreement is terminated or suspended pursuant to this Agreement.
Upon the mutual consent and written amendment to this Agreement executed by
both parties, the term of this Agreement may be extended by two (2) additional one (1)
year periods.
2. SCOPE OF SERVICES
City does hereby retain Consultant, as an independent contractor, in a contractual
capacity to provide Community Facilities District formation consulting services, as set
forth in Exhibit C. In the event there is a conflict between the provisions of Exhibit C and
this Agreement, the language contained in this Agreement shall take precedence.
Consultant shall perform the tasks described and set forth in Exhibit C. Consultant
shall complete the tasks according to the schedule of performance which is also set forth
in Exhibit C.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit C. Compensation shall not exceed the rates or contract value of
seventy-five thousand dollars ($75,000) annually, without a written Amendment to the
Agreement executed by both parties. Payment by City to Consultant shall be in
accordance with the provisions of this Agreement.
ATTACHMENT 1
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3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Consultant hereunder in
meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Consultant’s overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Consultant shall be _____________________, and no other individual may be
substituted without the prior written approval of the City Manager.
The City’s contact person in charge of administration of this Agreement, and to
serve as principal liaison between Consultant and City, shall be the City Manager or the
City Manager’s designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided by Consultant on an
IRS W-9 form before payments may be made by City to Consultant.
The City agrees to pay Consultant monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit C, based upon actual time
spent on the above tasks. This amount shall not exceed seventy-five thousand dollars
($75,000) annually, for the total term of the Agreement unless additional payment is
approved as provided in this Agreement.
Consultant shall not be compensated for any services rendered in connection with
its performance of this Agreement, which are in addition to those set forth herein, unless
such additional services and compensation are authorized, in advance, in a written
amendment to this Agreement executed by both parties. The City Manager, if authorized
by City Council, may approve additional work not to exceed ten percent (10%) of the
amount of the Agreement.
Consultant shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon thereafter
as practical, for services provided in the previous month. Payment shall be made within
thirty (30) days of receipt of each invoice as to all non-disputed fees. Any expense or
reimbursable cost appearing on any invoice shall be accompanied by a receipt or other
documentation subject to approval of the City Manager or the City Manager’s designee.
If the City disputes any of Consultant’s fees or expenses, City shall give written notice to
Consultant within thirty (30) days of receipt of any disputed fees set forth on the invoice.
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6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend, or
terminate this Agreement, or any portion hereof, by serving upon the Consultant at least
ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement, such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Consultant may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Consultant the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City. Upon
termination or suspension of the Agreement pursuant to this Section, the Consultant will
submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONSULTANT
The Consultant’s failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Consultant
for any work performed after the date of default and can terminate or suspend this
Agreement immediately by written notice to the Consultant. If such failure by the
Consultant to make progress in the performance of work hereunder arises out of causes
beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall
not be considered a default.
If the City Manager or his/her designee determines that the Consultant is in default
in the performance of any of the terms or conditions of this Agreement, he/she shall cause
to be served upon the Consultant a written notice of the default. The Consultant shall
have thirty (30) days after service upon it of said notice in which to cure the default by
rendering a satisfactory performance. In the event that the Consultant fails to cure its
default within such period of time, the City shall have the right, notwithstanding any other
provision of this Agreement, to terminate this Agreement without further notice and
without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
8. LIQUIDATED DAMAGES
There are no liquidated damages under this Agreement.
9. OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate
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records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Consultant shall provide
free access to the representatives of City or the City’s designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books and
records; shall permit City to make transcripts therefrom as necessary; and shall allow
inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any such
audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer files,
surveys, notes, and other documents prepared in the course of providing the services to
be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused, or otherwise disposed of by the City without the permission of the
Consultant. With respect to computer files, Consultant shall make available to the City,
at the Consultant’s office and upon reasonable written request by the City, the necessary
computer software and hardware for purposes of accessing, compiling, transferring, and
printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Indemnity for professional liability: When the law establishes a professional
standard of care for Consultant’s Services, to the fullest extent permitted by law,
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees, and agents (“Indemnified Parties”) from and against any and all
losses, liabilities, damages, costs and expenses, including legal counsels’ fees and costs
to the extent same are caused in whole or in part by any negligent or wrongful act, error
or omission of Consultant, its officers, agents, employees or subconsultants (or any
agency or individual that Consultant shall bear the legal liability thereof) in the
performance of professional services under this Agreement.
Indemnity for other than professional liability: Other than in the performance of
professional services and to the full extent permitted by law, Consultant shall indemnify,
protect, defend and hold harmless City, and any and all of its officials, employees, and
agents from and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or
costs of any kind, whether actual, alleged or threatened, including legal counsels’ fees
and costs, court costs, interest, defense costs, and expert witness fees), where the same
arise out of, are a consequence of, or are in any way attributable to, in whole or in part,
the performance of this Agreement by Consultant or by any individual or agency for which
Consultant is legally liable, including but not limited to officers, agents, employees or
subcontractors of Consultant.
Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this Section from each and every subcontractor, or any
other person or entity involved by, for, with, or on behalf of Consultant in the performance
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of this Agreement. In the event Consultant fails to obtain such indemnity obligations from
others as required here, Consultant agrees to be fully responsible according to the terms
of this Section. Failure of City to monitor compliance with these requirements imposes no
additional obligations on City and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth here is binding on the successors,
assigns, or heirs of Consultant and shall survive the termination of this Agreement or this
Section.
City does not and shall not waive any rights that it may have against Consultant by
reason of this Section, because of the acceptance by City, or the deposit with City, of any
insurance policy or certificate required pursuant to this Agreement. The hold harmless
and indemnification provisions shall apply regardless of whether or not said insurance
policies are determined to be applicable to any losses, liabilities, damages, costs, and
expenses described in this Section.
11. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated
herein by this reference as though set forth in full.
12. INDEPENDENT CONSULTANT
Consultant is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant’s exclusive direction and control. Neither
City nor any of its officers, employees, or agents shall have control over the conduct of
Consultant or any of Consultant’s officers, employees, or agents, except as set forth in
this Agreement. Consultant shall not at any time or in any manner represent that it or any
of its officers, employees, or agents are in any manner officers or employees, or agents
of the City except as set forth in this Agreement. Consultant shall not incur or have the
power to incur any debt, obligation, or liability against City, or bind City in any manner.
No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state, and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations. The Consultant shall comply with and sign Exhibit B, the Scope of Work
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Requirement for Professional Services Agreements Compliance with California
Government Code Section 7550, when applicable. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Consultant
to comply with this Section.
Should the Scope of Services include work that is considered a public work to
which prevailing wages apply, the public work project is subject to compliance monitoring
and enforcement by the California Department of Industrial Relations (DIR). Consultant
agrees to comply with and be bound by all applicable terms, rules and regulations
described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the
California Labor Code, including without limitation Labor Code Section 1771 and (b) the
rules and regulations established by the DIR implementing such statutes, as though set
forth in full herein, including any applicable amendments made thereto during the term of
this Agreement. For every subcontractor who will perform work on this project, Consultant
shall be responsible for subcontractor’s compliance with (a) and (b), and Consultant shall
take all necessary actions to ensure subcontractor’s compliance. Labor Code Section
1725.5 requires all contractors and subcontractors to annually register with the DIR before
bidding or performing on any public work contract.
14. ANTI DISCRIMINATION
Neither the Consultant, nor any subconsultant under the Consultant, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression, age,
sexual orientation, or military and veteran status; or any other basis protected by
applicable federal, state, or local law, except as provided in Section 12940 of the
Government Code. Consultant shall have responsibility for compliance with this Section.
15. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the award,
terms, or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of the
City will receive compensation, directly or indirectly from Consultant, or any officer,
employee, or agent of Consultant, in connection with the award of this Agreement or any
work to be conducted as a result of this Agreement. Violation of this Section shall be a
material breach of this Agreement entitling the City to any and all remedies at law or in
equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the Services
during his/her tenure or for one year thereafter, shall have any interest, direct or indirect,
in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in
connection with the Services performed under this Agreement.
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17. CONFLICT OF INTEREST
Consultant covenants that neither they nor any officer or principal of their firm have
any interests, nor shall they acquire any interest, directly or indirectly, which will conflict
in any manner or degree with the performance of their services hereunder. Consultant
further covenants that in the performance of this Agreement, they shall employ no person
having such interest as an officer, employee, agent, or subconsultant. Consultant further
covenants that Consultant has not contracted with nor is performing any services directly
or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or
partnership(s) and/or public agency(ies) owning property and/or processing an
entitlement application for property in the City or its Area of Interest, now or within the
past one (1) year, and further covenants and agrees that Consultant and/or its
subconsultants shall provide no service or enter into any contract with any developer(s)
and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies)
owning property and/or processing an entitlement application for property in the City or
its Area of Interest, while under contract with the City and for a one (1) year time period
following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service or
by deposit in the United States mail, certified or registered, return receipt requested, with
postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
To: [CONSULTANT]
[CONSULTANT ADDRESS]
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Consultant's legal
entity, the Consultant shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
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20. ASSIGNMENT
Consultant shall not assign this Agreement or any of the rights, duties, or
obligations hereunder. It is understood and acknowledged by the parties that Consultant
is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County, California,
and any action filed in any court or for arbitration for the interpretation, enforcement or
other action of the terms, conditions, or covenants referred to herein shall be filed in the
applicable court in Ventura County, California. The City and Consultant understand and
agree that the laws of the state of California shall govern the rights, obligations, duties,
and liabilities of the parties to this Agreement and also govern the interpretation of this
Agreement.
23. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or the
declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled to
recover its costs and expenses, including attorneys’ fees, from the losing party, and any
judgment or decree rendered in such a proceeding shall include an award thereof.
24. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire understanding
between the parties relating to the obligations of the parties described in this Agreement.
All prior or contemporaneous agreements, understandings, representations, and
statements, oral or written, are merged into this Agreement and shall be of no further
force or effect. Each party is entering into this Agreement based solely upon the
representations set forth herein and upon each party’s own independent investigation of
any and all facts such party deems material.
25. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of this
Agreement are for convenience and identification only and shall not be deemed to limit
or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
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26. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
27. PRECEDENCE
In the event of conflict, the requirements of the City’s Request for Proposal, if any,
and this Agreement shall take precedence over those contained in the Consultant’s
Proposal.
28. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
29. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall constitute,
a waiver of any other provision, whether or not similar, nor shall any such waiver constitute
a continuing or subsequent waiver of the same provision. No waiver shall be binding
unless executed in writing by the party making the waiver.
30. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK [CONSULTANT]
__________________________________ __________________________________
Troy Brown, City Manager [NAME], [TITLE]
Attest:
__________________________________
Ky Spangler, City Clerk
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Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Consultant agrees to amend, supplement, or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
“Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for claims
or suits by one insured against another. Limits are subject to review but in no event less
than $1,000,000 per occurrence for all covered losses and no less than $2,000,000
general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event
to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement
may be satisfied by a non-owned auto endorsement to the general liability policy
described above. If Consultant or Consultant’s employees will use personal autos in any
way on this project, Consultant shall provide evidence of personal auto liability for each
such person.
Workers’ Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits no less than $1,000,000 per accident or
disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant and “Covered Professional Services” as designated in the
policy must specifically include work performed under this Agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on
behalf of” the insured and must include a provision establishing the insurer’s duty to
defend. The policy retroactive date shall be on or before the effective date of this
Agreement.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements,
shall provide coverage at least as broad as specified for the underlying coverages.
Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in
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addition to policy limits. Policy shall contain a provision obligating insurer at the time
insured’s liability is determined, not requiring actual payment by the insured first. There
shall be no cross liability exclusion precluding coverage for claims or suits by one insured
against another. Coverage shall be applicable to the City for injury to employees of
Consultant, subconsultants, or others involved in the Work. The scope of coverage
provided is subject to approval by the City following receipt of proof of insurance as
required herein. Limits are subject to review but in no event less than $2,000,000
aggregate.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and the City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 and CG 2037
with edition acceptable to the City. Consultant also agrees to require all contractors
and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant’s employees, or agents, from waiving the right
to subrogation prior to a loss. Consultant agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or
its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called “third party action over” claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Consultant shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect the City’s protection without the
City’s prior written consent.
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7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant’s general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or reduced
at any time and no replacement coverage is provided, the City has the right, but
not the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other Agreement and to pay the premium. Any premium so paid
by the City shall be charged to and promptly paid by Consultant or deducted from
sums due Consultant, at the City’s option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to the
City of any cancellation or reduction of coverage. Consultant agrees to require its
insurer to modify such certificates to delete any exculpatory wording stating that
failure of the insurer to mail written notice of cancellation or reduction of coverage
imposes no obligation, or that any party will “endeavor” (as opposed to being
required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the City.
10. Consultant agrees to ensure that subcontractors, and any other party involved with
the Work who is brought onto or involved in the Work by Consultant, provide the
same minimum insurance required of Consultant. Consultant agrees to monitor
and review all such coverage and assumes all responsibility for ensuring that such
coverage is provided in conformity with the requirements of this section. Consultant
agrees that upon request, all agreements with subcontractors and others engaged
in the Work will be submitted to the City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees that
it will not allow any contractor, subcontractor, Architect, Engineer, or other entity
or person in any way involved in the performance of Work contemplated by this
Agreement to self-insure its obligations to the City. If Consultant’s existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Consultant, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to change
the amounts and types of insurance required by giving the Consultant ninety (90)
days advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increased benefit to the City.
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13. For purposes of applying insurance coverage only, this Agreement will be deemed
to have been executed immediately upon any party hereto taking any steps that
can be deemed to be in furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part
of the City to inform Consultant of non-compliance with an insurance requirement
in no way imposes any additional obligations to the City nor does it waive any rights
hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until the
City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
Consultant’s insurance agent to this effect is acceptable. A certificate of insurance
and/or additional insured endorsement as required in these specifications
applicable to the renewing or new coverage must be provided to the City within
five days of the expiration of coverage.
17. The provisions of any Workers’ Compensation or similar act will not limit the
obligations of Consultant under this Agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts or impairs the
provisions of this section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Consultant for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the City. It is
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not the intent of the City to reimburse any third party for the cost of complying with
these requirements. There shall be no recourse against the City for payment of
premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this Agreement. The City
assumes no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to involve the
City.
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Exhibit B
CITY OF MOORPARK
Scope of Work Requirement for Professional Services Agreements
Compliance with California Government Code Section 7550
Consultant shall sign and include this page in any document or written reports prepared by
Consultant for the City of Moorpark (City) to which California Government Code Section 7550
(Government Code § 7550) applies. Government Code §7550 reads:
“(a) Any document or written report prepared for or under the direction of a state
or local agency, that is prepared in whole or in part by nonemployees of the
agency, shall contain the numbers and dollar amounts of all contracts and
subcontracts relating to the preparation of the document or written report; if the
total cost for the work performed by nonemployees of the agency exceeds five
thousand dollars ($5,000). The contract and subcontract numbers and dollar
amounts shall be contained in a separate section of the document or written report.
(b) When multiple documents or written reports are the subject or product of the
contract, the disclosure section may also contain a statement indicating that the
total contract amount represents compensation for multiple documents or written
reports.”
For all Professional Services Agreement with a total dollar value in excess of $5,000, a signed
and completed copy of this form must be attached to all documents or completed reports
submitted to the City pursuant to the Scope of Work.
Does the dollar value of this Professional Services Agreement exceed $5,000?
Yes No
If yes, then the following information must be provided in compliance with
Government Code § 7550:
1. Dollar amount of Agreement/Contract: $ ____________
2. Dollar amount of Subcontract: $ ____________
3. Does the total contract amount represent compensation for multiple
documents or written reports? Yes No
I have read the foregoing Code section and will comply with Government Code §7550.
__________________________________
______________________
Date
202
City of Moorpark | California
Proposal for
Special Tax Consulting Services
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T 951.587.3500 ▪ 800.755.6864 | F 951.587.3510 ▪ 888.326.6864 | 27368 Via Industria, Suite 200, Temecula, CA 92590 | www.willdan.com
February 16, 2023
Mr. Jeremy Laurentowski
Parks and Recreation Director
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Re: Proposal for Special Tax Consulting Services - Vendra Gardens by Danco Communities
Dear Jeremy:
Per our correspondence and your request, the following outlines Willdan Financial Services’ (“Willdan”) proposal
to assist with the formation of a Community Facilities District (“CFD”), for the funding of maintenance services for
improvements installed in association with the Vendra Gardens project, by Danco Communities in the
City of Moorpark (“City”).
The scope and budget within the attached outlines the tasks necessary for the preparation of the budget for costs
associated with maintenance of the improvements, special tax analysis, preparation of required documents,
including the Rate and Method of Apportionment of Special Tax (RMA) and CFD Report, and the completion of
the procedural tasks necessary to execute the formation of the proposed CFD. It also includes an optional scope
of services to review and update the City’s existing CFD Goals and Policies, in the event modifications need
to be made.
We look forward to this opportunity to work with you on this project. Please feel free to contact me directly at
(951) 587-3528, or via email at cfisher@willdan.com if you have any questions regarding this submission.
Sincerely,
WILLDAN FINANCIAL SERVICES
Chris Fisher
Vice President / Director
Financial Consulting Group
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Table of Contents
SCOPE OF SERVICES ...................................................................................................................................................... 1
Project Approach ....................................................................................................................................................... 1
Community Facilities District Formation .................................................................................................................... 1
Goals and Policies ..................................................................................................................................................... 2
CFD Formation .......................................................................................................................................................... 2
Client Responsibilities ............................................................................................................................................... 3
Project Disclaimer ...................................................................................................................................................... 4
FEE FOR SERVICES .......................................................................................................................................................... 5
Community Facilities District Formation .................................................................................................................... 5
Additional Services .................................................................................................................................................... 5
QUALIFICATIONS AND EXPERIENCE .................................................................................................................... 6
Firm Profile ................................................................................................................................................................ 6
Willdan Financial Services ........................................................................................................................................ 6
Unique Experience, Resources, and Capabilities ..................................................................................................... 7
Special District Experience ........................................................................................................................................ 7
Resources and Capabilities ....................................................................................................................................... 7
Quality Assurance Process ....................................................................................................................................... 8
Recent Formation Projects ........................................................................................................................................ 9
PROJECT TEAM ................................................................................................................................................................ 11
Staff Continuity ........................................................................................................................................................ 11
Chris Fisher ............................................................................................................................................................. 12
Mike Medve ............................................................................................................................................................. 14
Tyler Green .............................................................................................................................................................. 16
REFERENCES .................................................................................................................................................................... 17
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Scope of Services
We understand that the City of Moorpark (“City”), wishes to form a Community Facilities District (“CFD”), in conjunction
with a new multi-family residential development, Vendra Gardens by Danco Communities. The CFD will be formed to
provide funding for maintenance services related to lighting and landscaping amenities installed within parkway, slope,
street, and basin areas associated with the project.
Project Approach
Our approach to this CFD formation includes and starts with a review of the City’s existing Goals and Policies. We will
review to ensure they are consistent with the goals of this proposed CFD, and if necessary, amend and update them.
Following this, the work then proceeds immediately with the necessary analysis and steps to establish the proposed
district.
The formation will be driven by a budget that will be developed to include the annual costs for maintaining the
improvements designated for inclusion in the CFD. Willdan will gather data related to the services to be funded with the
CFD and create a budget and a comprehensive special tax analysis. This analysis will consider the types and quantities
of property proposed for inclusion in the CFD, and the level of special tax burden they can bear. We will gather necessary
data for this analysis directly from developers (property owners), as well as from the City, County, and other sources,
as necessary.
By identifying the level to which properties can be fairly and equitably taxed, we will develop a special tax model that
will accurately forecast the aggregate special tax revenue that can be generated and, therefore, guide the development
of a budget for the proposed services; and assist in decision making about, ultimately, which services are approved.
The budget and special tax analysis will be presented to, and discussed with, City staff; and feedback will be
incorporated (as required). Once the analysis is finalized, we will use this as the foundation for the development of the
special tax methodology and, ultimately, the Rate and Method of Apportionment of Special Tax (“RMA”). Finally, we will
coordinate each step of the formation process and assist in the recordation of necessary documents with the County.
Below is Willdan’s proposed scope of services described in detail. We want to ensure that the following is responsive
to the needs of the City, and we will work with City staff to revise our proposed work plan based on input prior to approval
of a contract, and as needed during the course of the project.
Our scope of services has been separated as follows:
▪ Review of CFD Goals and Policies; and
▪ CFD Formation.
Community Facilities District Formation
The following outlines the steps associated with the formation of a CFD for the funding of maintenance services.
Project Kick-off Meeting
Following receipt of an authorization to proceed, we will discuss the process and objectives for this formation with the
City and identify additional documents or information that may be needed. This discussion may include
developers/landowners and/or their representatives. As needed throughout the project, we will coordinate with the City,
City staff, and directly with the developer(s), their consultants to gather required information for the proceedings.
Specifically, the kickoff discussion will include the following:
▪ Confirmation of the objectives of the CFD formation;
▪ Confirmation of the services to be funded by the CFD;
▪ Discussion of necessary data, its sources and availability;
▪ Outlining the process and steps necessary for the formation;
▪ Development of a draft timeline of events and milestones;
▪ Identification of key participants and areas of responsibility; and
▪ A general discussion of potential challenges or obstacles, whether practical (lack of data), political, public
(perception or acceptance) or other.
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Goals and Policies
Goals and Policies Review
Based on the discussions during the kick-off meeting, Willdan will review existing CFD Goals and Policies.
These City policies for the formation and use of CFDs must be approved by the legislative body prior to the formation
of any CFDs. It sets policies for the formation of CFDs in the City, including limits to the cumulative effective tax rate of
properties within the district, value-to-lien requirements, and other aspects of the CFD formation process. The draft
document will be provided to and discussed with City staff to ensure that it is an accurate reflection of the agency’s
intent. Changes will be made as necessary, and the document will be submitted to the City Council for approval. Policies
are typically approved in conjunction with the first required m eeting of the formation process (the Resolution of Intention
– see below).
CFD Formation
Background Research
Willdan will work with the developer and City staff to identify and develop a full listing of services to be funded by the
CFD and prepare a narrative description to be included in the Community Facilities District Public Report.
Willdan will research property ownership and development plans. In addition, Willdan will contact the County Registrar's
Office to confirm the number of registered voters within proposed district boundaries to ensure there are less than twelve
(12) registered voters, which will allow for a landowner election.
Preliminary Cost Analysis and Development of Tax Methodology
Willdan will work with the City and the developer/property owner to prepare a list of the maintenance and service
activities to be included in the CFD and develop an annual budget for the costs associated with these activities.
The budget will include the direct costs of the activities (i.e., landscape maintenance, basin maintenance, street/road
maintenance) as well as incidental costs associated with City Staff support and coordination. This budget will then be
used to create the special tax analysis and eventually, the RMA.
A preliminary pro forma of the CFDs revenues and estimated expenses (based upon preliminary budget estimates
prepared as part of this task) will be presented for evaluation and discussion. We will construct a special tax analysis
that will be designed to identify the costs and special tax revenue that can be generated from property proposed for
inclusion in the district. Our analysis will incorporate the proposed property development planned for the current project.
In addition, we will utilize pricing and market data to determine proposed tax burden on the development. The analysis
will be based upon available product mix data, market research, discussions with property owners and developers,
and the City.
Once we complete the development of the budget and special tax revenue projections, we will use this to create the
special tax methodology that will be included in the RMA. The maximum proposed special taxes will be designed to
generate sufficient revenue to meet CFD objectives and fairly tax expected properties consistent with established
development requirements and policies.
If requested, Willdan will prepare multiple spreads that are based upon different service and taxation assumptions.
Willdan will develop special tax categories for property types within the CFD and the special tax structure for the RMA
based on the boundaries of the CFD, operation and maintenance services to be funded, and proposed development.
An analysis will be required to determine an equitable spread of the overall burden, taking into account the nature of
the services and the area that they will serve.
Rate and Method of Apportionment of Special Tax (RMA)
Based on the work completed in the preceding tasks, a n RMA of Special Tax for the Resolution of Inte ntion will be
prepared and, if necessary, will include improvement areas and/or tax zones to ensure maintenance and operations
costs for properties within the CFD are equitably apportioned. The RMA will clearly describe the special tax methodology
developed in the preceding step, the associated definitions, priority, and method by which properties in the CFD will be
taxed, the special tax rates for each property type, and contain other information (as required) by the Mello -Roos
Community Facilities Act of 1982. This document will be included with the Resolution of Intention , which is adopted by
the City Council to initiate the CFD formation process.
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Community Facilities District Report
Willdan will prepare a preliminary CFD Report that includes a descriptio n of the public improvements to be maintained
or services to be provided, cost estimates related to these activities, incidental expenses, the RMA, and other
information necessary to meet the requirements of the Mello-Roos Community Facilities Act. If requested, Willdan will
present the CFD Report to the City Council and field questions received at the Public Hearing. The CFD Report will
include the following components:
▪ A description of the proposed services and maintenance to be funded;
▪ Cost estimates; and
▪ A projection and explanation of the annual special tax rates by special tax classification for each year that
services are funded.
Document Review and Preparation
If requested, Willdan will prepare drafts of the required Petition, Consent and Waiver documents, and notices/ballots for
review, or coordinate with and support the City’s legal counsel to complete these documents. Willdan will prepare a
boundary map of the proposed area to be included in the CFD that meets the requirements of the Community Facilities
Act and the City’s Goals and Policies.
At the City’s request, Willdan will prepare a presentation to City Council for the Intent Meeting.
Willdan will print the final boundary map after the Intent Meeting on the material and size required by the County of
Ventura and coordinate recordation of the boundary map with the City and the County Recorder.
Willdan will prepare the letter and exhibit for confirmation of the number of registered voters from the County of Ventura
and obtain certification of findings.
Public Hearing and Notice of Special Tax Lien
At the City’s request, Willdan will prepare a presentation to City Council for the election meeting/Public Hearing.
After successful formation of the CFD, Willdan will then coordinate the recordation of the “Notice of Special Tax Lien.”
If the City is unable to garner 100 percent consent waiver from the affected property owners and a regular special tax
election is required, the City attorney or designated legal counsel will be responsible for preparing the required impartial
analysis and ballot arguments with Willdan’s assistance in coordinating the process.
After successful formation of the CFD, Willdan will coordinate the recordation of the "Notice of Special Tax Lien."
Formation Project Meetings
While we expect that the majority of communications and sharing of information for this project may be cond ucted via
e-mail and conference calls, our proposed scope of services anticipates the need for Willdan to attend two (2) in-person
meetings. These include the Council meeting for the adoption of the Resolution of Intention, and the Council meeting
for the adoption of the Resolution of Formation and Election/Public Hearing.
Client Responsibilities
As we do not practice law, we ask that your attorney, or other designated counsel, review the documents Willdan
prepares. We will, however, assist your attorney in identifying pertinent legal issues and modifications necessary before
the documents are implemented.
For the formation of a special district the City will be responsible for providing the following items, some of which Willdan
may already have:
▪ Copies of the City's Goals and Policies for CFDs.
▪ Proposed project development information, including (as applicable):
o Detailed development plans.
o Data on proposed product mix (e.g., residential, etc.).
o Estimated construction and absorption schedules.
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o Maps and/or diagrams of the proposed project area.
▪ Various maps of the area (either electronically or in hardcopy, as needed) for the development of the budget
and special tax analysis, including:
o Boundary maps,
o General Plan maps,
o Zoning maps,
o Assessor parcel maps,
o Improvement maps indicating the design and
location of the proposed facilities,
o Subdivision maps, or
o Related development diagrams.
▪ Pertinent budget information, including but not limited to estimated/projected per capita staffing and expenses,
anticipated maintenance costs, and City overhead and/or administration.
▪ Samples of sufficiently detailed resolutions (in an electronic format) to establish the required format for preparation
of the CFD resolutions by Willdan.
▪ Publication of City Council meetings/public hearings notices in the local newspaper.
▪ Review of draft RMA, reports, and resolutions prior to the preparation of final documents. This review is, typically,
performed by City staff; but may also include a review by the City's legal counsel.
▪ Opinions (as requested) from the City attorney's office.
The City further acknowledges that Willdan shall be relying upon the accuracy and validity of the information provided
by the City, developer, and County of Ventura Assessor, and agrees that Willdan shall not be liable for any inaccuracies
contained therein.
Project Disclaimer
The City of Moorpark further represents, acknowledges, and agrees that:
(i) The City uses the services of one or more municipal advisors registered with the U.S. Securities and Exchange
Commission (“SEC”) to advise it in connection with municipal financial products and the issuance of municipal
securities;
(ii) The City is not looking to Willdan to provide, and the City shall not otherwise request or require Willdan to provide,
any advice or recommendations with respect to municipal financial products or the issuance of municipal securities
(including any advice or recommendations with respect to the structure, timing, terms, and other similar matters
concerning such financial products or issues);
(iii) The provisions of this proposal and the services to be provided hereunder as outlined in the scope of services are
not intended (and shall not be construed) to constitute or include any municipal advisory services within the meaning
of Section 15B of the U.S. Securities Exchange Act of 1934, as amended (the “Exchange Act”), and the rules and
regulations adopted thereunder;
(iv) For the avoidance of doubt and without limiting the foregoing, in connection with any revenue projections, cash -flow
analyses, feasibility studies and/or other analyses Willdan may provide the City with respect to financial, economic
or other matters relating to a prospective, new or existing issuance of municipal securities of the City, (A) any such
projections, studies and analyses shall be based upon assumptions, opinions or views (including, without limitation,
any assumptions related to revenue growth) established by the City, in conjunction with such of its municipal,
financial, legal and other advisers as it deems appropriate; and (B) under no circumstances shall Willdan be asked
to provide, nor shall it provide, any advice or recommendations or subjective assumpt ions, opinions or views with
respect to the actual or proposed structure, terms, timing, pricing or other similar matters with respect to any
municipal financial products or municipal securities issuances, including any revisions or amendments thereto; and
(v) Notwithstanding all of the foregoing, the City recognizes that interpretive guidance regarding municipal advisory
activities is currently quite limited and is likely to evolve and develop during the term of the potential engagement
and, to that end, the City will work with Willdan throughout the term of the potential Agreement to ensure that the
Agreement and the services to be provided by Willdan hereunder, is interpreted by the parties, and if necessary
amended, in a manner intended to ensure that the City is not asking Willdan to provide, and Willdan is not in fact
providing or required to provide, any municipal advisory services.
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Fee for Services
Community Facilities District Formation
As described in the Scope of Services section, Willdan will provide CFD formation services for the not-to-exceed fee
amounts:
▪ Goals and Policies review and update – $1,680
▪ Completion of CFD formation, including development of budget, special tax analysis, RMA, and formation
procedures – $23,750
Please Note:
▪ The fee denoted above will not be contingent upon the outcome of the formation process.
▪ Additional meetings or tasks outside our proposed scope of work will require an additional fee.
▪ For the purpose of our proposal, telephone conference calls are not considered “meetings” and are not limited
by our scope of services.
▪ The City will be invoiced on a monthly percentage-completion basis.
▪ The City shall reimburse Willdan for any costs Willdan incurs, including without limitation, copying costs,
digitizing costs, travel expenses, employee time and attorneys' fees, to respond to the legal process of any
governmental agency relating to the Project. Reimbursement shall be at Willdan 's rates in effect at the time of
such response.
Additional Services
Additional services may be authorized by the City and will be billed at our then-current hourly overhead consulting rates.
Our current hourly rates are:
Willdan Hourly Rate Schedule
Position Team Member Hourly Rate
Group Manager Chris Fisher $250
Managing Principal $240
Principal Consultant Mike Medve $210
Senior Project Manager $185
Project Manager $165
Senior Project Analyst $135
Senior Analyst $125
Analyst II Tyler Green $110
Analyst I $100
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Qualifications and Experience
Firm Profile
Willdan Financial Services, a California Corporation, is an
operating division within Willdan Group, Inc. (WGI), which was
founded in 1964 as an engineering firm working with local
governments. Today, WGI is a publicly traded company (WLDN).
WGI, through its divisions, provides professional technical and
consulting services that ensure the quality, value and security of
our nation’s infrastructure, systems, facilities, and environment.
The firm has pursued two primary service objectives since its
inception—ensuring the success of its clients and enhancing its
surrounding communities.
A financially stable company, Willdan has approximately 1,400
employees working in more than a dozen states across the U.S.
Our employees include a number of nationally recognized Subject
Matter Experts for all areas related to the broadest definition of
connected communities—three of whom are committed to
contribute their expertise throughout the duration of the City
of Moorpark’s Special Tax Consulting Services engagement.
Willdan has solved economic, engineering and energy challenges
for local communities and delivered industry -leading solutions
that have transformed government and commerce. Today, we are
leading our clients into a future accelerated by change in
resources, infrastructure, technology, regulations, and industry
trends.
Willdan Financial Services
Established on June 24, 1988, Willdan Financial Services is a national firm, and is one of the largest public sector
financial consulting firms in the United States. Since that time, we have helped over 800 public agencies successfully
address a broad range of financial challenges, such as financing the costs of growth and generating revenues to fund
desired services.
Our staff of nearly 80 full-time employees supports our clients by conducting year-round workshops and on-site training
to assist them in keeping current with the latest developments in our areas of expertise. Willdan assists local public
agencies by providing the following services:
Willdan Financial Services
Services
▪ Tax increment finance district formation and
amendment;
▪ Utility rate and cost of service studies;
▪ User fee studies;
▪ Cost allocation studies;
▪ Real estate economic analysis;
▪ Property tax audits;
▪ Housing development and implementation
strategies;
▪ Development impact fee establishment and analysis;
▪ Economic development strategic plans;
▪ District administration services;
▪ Municipal advisory services;
▪ Feasibility studies;
▪ Arbitrage and continuing disclosure services;
▪ Debt issuance support; and
▪ Long-term financial plans and cash flow modeling.
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Unique Experience, Resources, and Capabilities
Special District Experience
Since our inception, Willdan has offered public agencies a comprehensive
approach to special district consulting by including district formation and
administration; delinquency management; continuing disclosure; and arbitrage
rebate in our service offerings. This multi-service approach allows us to facilitate
the flow of information between the different service areas, which creates less of
a draw on agency staff time and reduces costs for these services.
It also ensures that solutions and approaches provided in one area of work are consistent with overall policies and
objectives. For instance, we form special districts with specific features to allow for ease of administration, as well as
future annexations of new developments to the district. Finally, methodologies are created in a manner that allows for
consistent application of agency policies from project to project. In view of our experience, Willdan is committed to:
▪ Having highly qualified core staff actively involved in day-to-day operations;
▪ Providing comprehensive and proactive customer service;
▪ Interfacing in a friendly and helpful manner with an agency’s governing body, staff, community organizations, and
the public in general;
▪ Keeping up to date on the latest technology that allows specific data to be made available via the Internet to public
agency staff, investors, and property owners at no additional charge;
▪ Staying current on legislation impacting the formation and administration of CFDs, such as SB 165, AB 2851 (annual
reporting requirements), and AB 373 (recent modifications to Mello -Roos law); and
▪ Closely following legislation and legal proceedings involving assessments and other types of special districts,
particularly issues related to Proposition 26 and 218.
In utilizing our broad range of experience, amassed over 30 years from supervising and being consistently at the
forefront of innovative approaches to special district formation and administration services, our methods and
approaches support practical requirements.
In fact, we have prepared Engineer’s Reports and Special Tax Reports for over 800 separate special districts,
including Business Improvement Districts, 1972 Act Landscaping and Lighting Districts, Mello-Roos Community
Facilities Districts (CFDs) and 1982 Act and 1913/15 Act Assessment Districts formed to finance infrastructure
improvements and/or services and maintenance. Furthermore, Willdan possesses extensive experience developing
budgets and forming CFDs and Assessment Districts for a variety of purposes.
Resources and Capabilities
Firm Resources
Willdan assists local public agencies by providing formation services for Community Facilities Districts and
assessment/local improvement districts; administration of special taxes, assessments, stan dby charges and utility rates,
landscaping and lighting districts; arbitrage rebate calculations; continuing disclosure reports preparation and
dissemination; and staff augmentation support. We have been providing these services for over 34 years; decades
later, Willdan continues to be a leader.
Consideration of Practical and Administrative Matters in Special District Formations
We understand the complexities involved in developing a special tax methodology that is tailored to address the specific
objectives of the project and balancing that with the desire to simplify the future administration of the CFD. The tax
formula should be able to accommodate multiple land uses and multiple funding purposes, and possibly account for
potential future development and annexations to the CFD, while also being straightforward to apply. Our district
formation experience coupled with more than 30 years of providing administration services for special taxes and
assessments is unmatched, allowing us to approach formations in a holistic manner.
Provisions and features can be incorporated into the CFD methodology that ensure the proposed district balances the
funding needs of the project, while clarifying and simplifying future management and administrative tasks and
processes. We create documentation and applicable methodology in an understandable and practical manner that may
be easily interpreted for ongoing administration of the district.
Willdan has prepared
Engineer’s Reports and
Special Tax Reports for over
800 separate special districts
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Serve as an Extension of Staff
Willdan takes to heart the fact that we represent the Client when working and/or speaking with residents, business
owners, developers and with other industry professionals such as underwriters, bond counsel and appraisers. Our goal
is to take care of and effectively manage the special district formation and administration process, so that staff can focus
on other responsibilities. We actively manage projects with a focus on the overall timeline, so that staff is provided timely
and accurate work products without having to expend valuable time managing the proce ss more than necessary.
One of our most important roles has been educating and helping staff to understand Community Facilities District
concepts, how they apply to the special district processes and procedures, and how they can help the agency achieve
primary financial objectives. Willdan will impart our knowledge to key staff through education and day -to-day efforts
throughout the project and beyond.
Quality Assurance Process
Willdan’s standard administration practice includes an additional three levels of review for our products and deliverables
in which report presentation or work product dissemination is scrutinized, levy data is updated from the most recent
county secured roll information, all parcel changes and potential rejects are researched and r econciled, new APNs are
identified, and the proposed assessment/tax amounts are recalculated
and resubmitted. As demonstrated by the workflow chart to the right,
Willdan staff performs for all work products primarily consist of:
▪ Peer review;
▪ Project manager review; and
▪ Final quality assurance manager review.
In addition, another key to our success is having a designated principal
consultant responsible for implementing quality control measures. Mr.
Robert Quaid, a former Certified Public Accountant, has been
instrumental in preparing quality control checklists and sign-off
mechanisms for each of our administration services. These quality control
measures are embedded in the latest evolution of MuniMagic+ and are a
required element of the day-to-day analyst and project management
activities within the group.
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Recent Formation Projects
Identified in the table below is a partial list of recent Willdan formation projects that are currently in process or completed
in the previous five years.
Willdan Financial Services
Recent CFD Formations
Agency Name Project/District Name
California Statewide Communities
Development Authority, CA
Atwell CFD 2020-02 IA 1 (Facilities)
(Facilities, Maintenance and Services)
City of Banning, CA
Atwell CFD 2020-02 IA2
(Facilities, Maintenance and Services)
City of Banning, CA
Atwell CFD 2020-02 IA 3
(Facilities, Maintenance and Services)
City of Banning, CA
McSweeny Farms CFD (Facilities)
City of Hemet, CA
Horsecreek Ridge 2017-01 (Facilities)
San Diego County
Citro CFD 2021-1 (Facilities)
San Diego County, CA
City of Chula Vista, CA
CFDs 18-I & 18-M (Bayfront) (Facilities & Services)
CFD 97-2 (Services)
CFD 13-M (Services)
CFD 16-I (Millennia) (Facilities)
CFD 17-I (Western CV Infill)
City of Colton, CA CFD 2021-1 (Services)
CFD 2021-2 (Services)
City of Galt, CA Liberty Ranch CFD Formation (Facilities)
CFD 2020-1 (Public Services)
City of Gonzales, CA Enhanced Infrastructure Financing District
City of Lancaster, CA CFD 2021-1 (Services)
City of Moorpark, CA CFD 2018-1 (Pacific Arroyo)
City of Palm Desert, CA University Park CFD 2005-1 Refunding and 2021-1 Formation (Facilities)
City of Perris, CA
Green Valley (Facilities)
CFD 2021-1 (Facilities)
CFD 2022-1 (Facilities)
CFD 2022-2 (Facilities)
City of Rancho Mirage, CA
CFD #4A (Facilities)
CFD #4B (Facilities)
CFD #4C (Facilities)
CFD #5 (Facilities)
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Willdan Financial Services
Recent CFD Formations
Agency Name Project/District Name
City of Rialto, CA CFD 2019-2 (Foothill/Spruce) (Facilities)
CFD 2020-1 (El Rancho Verde) (Facilities)
City of Richmond, CA Point Molate CFD No. 2022-1
City of Santa Paula, CA CFD Nos. 1 & 2 (Harvest at Limoneria) Formation (Services/Facilities)
City of Upland, CA
Sycamore Hills CFD (2015-1) (Facilities)
Harvest CFD (2016-1) (Facilities)
2017-1 (Services)
2017-2 (Services)
Enclave (2022-1) (Facilities)
County of San Diego, CA
CFD 2008-01 (Harmony Grove Village IA 1)
(Facilities)
CFD 2008-01 (Harmony Grove Village IA 2)
(Facilities)
CFD 2008-01 (Harmony Grove Village) Special Tax B
(Flood, Non-flood, Fire Protection)
Sweetwater CFD Formation (Services)
Park Circle CFD Formation (Services)
Meadowood CFD Formation (Services)
Horse Creek Ridge CFD Formation (Services)
Piper Otay CFD Formation (Services)
Otay 250 CFD Formation (Services)
Contra Costa County
Fire Protection District, CA CFD 2022-01 (Antioch Fire Services) (Services)
Cucamonga School District, CA CFD 2019-1 (Facilities)
Marin County Open Space District,
CA CFD 2022-1 (Facilities)
San Jacinto Unified
School District, CA
CFD 2020-1 (Facilities)
CFD 2021-1 (Facilities)
CFD 2022-1 (Facilities)
Sulphur Springs
School District, CA CFD 2019-1 (Facilities)
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Project Team
Our management and supervision philosophy is simple: staff every
position with experienced personnel to deliver a superior product and
deliver effective results on time and on budget. With that philosophy
in mind, we have selected the following individuals for this
engagement.
Our employees know and understand the problems facing local
government under the current economic climate, and we have
oriented our practice to support an agency’s modified budget policies
and public service priorities.
City of Moorpark
Project Team
Key Team Member Project Role Responsibility to the Engagement
Chris Fisher
Vice President/Director Principal-in-Charge
▪ Technical guidance;
▪ Project oversight;
▪ Quality assurance & control; and
▪ Meeting and presentation attendance.
Mike Medve
Principal Consultant Project Manager
▪ Task oversight;
▪ Produce key elements of the analyses;
▪ Responsible for project deliverables;
▪ Report evaluation; and
▪ Meeting and presentation attendance.
Tyler Green
Analyst Financial Analyst
▪ Collect, interpret, and analyze key data;
▪ City staff coordination;
▪ GIS files parcel database linkage;
▪ Report preparation; and
▪ Meeting and presentation attendance.
Staff Continuity
Mr. Fisher has been assigned to serve as the City’s Principal-in-Charge; he
has been selected for this role due to his extensive experience, which
includes the preparation and supervision of numerous studies, as well
as his experience presenting to govern ing bodies, stakeholders, and
industry groups.
Willdan as a whole is composed of over 1,500 employees, including a cadre of public finance experts. If necessary, Mr.
Fisher can recruit additional, qualified individuals from our employee roster to assist with the completion of the
engagement to deliver the final materials on time and within budget.
The team presented within this proposal
has worked collectively on numerous
projects, such as the one requested by the
City of Moorpark; an established work
practice between the team members has
been forged, this proven long-standing
system has benefited our clients.
It is important to note that Mr.
Fisher has been with Willdan for
over 23 years, ensuring the City of
Moorpark of continuity and
dedication in staffing during the
completion of the project.
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Chris Fisher
Principal-in-Charge
With over 23 years of experience at Willdan, Mr. Fisher has managed an array of financial
consulting projects for public agencies in California, Arizona, Colorado, Texas, and Florida,
coordinating the activities of resources within Willdan, as well as those from other firms working
conjointly on projects. He is one of the firm’s leading experts for special district financing related
to public infrastructure, maintenance, and services including public safety.
Relevant Project Experience
City of Chula Vista, CA ‒ Formation of CFD 16-I (Millenia), 17-I (Western Chula Vista
CFD), 18-M (Otay Ranch Village 3) and Bayfront CFD: Mr. Fisher has assisted the City in
each of the listed CFD formations. The first, CFD 17-I, was formed to allow for the financing of
impact fees over an extended time period through the payment of a special tax, to facilitate
development of non-residential projects in certain areas of the City. This formation was
completed in the Spring of 2016. The second project, CFD 16-I, was completed to provide
funding for the construction of basic infrastructure associated with the Millenia development
project in the City. Formation was completed in September 2016, with bonds sold in late
2016/early 2017. CFD 18-M was formed to provide funding for the maintenance of landscaping,
trails, walls, and storm water facilities in the Otay Ranch Village 3 development project. For
each formation, Mr. Fisher worked with City staff in multiple departments and a diverse
financing team including the financial advisor, legal counsel, developers and property owners,
and developer’s consultants. Mr. Fisher is currently overseeing the completion of a CFD for the
Bayfront Project, a multi-use project being developed in conjunction with the San Diego Port
Authority, which will include a convention center, hotel, and multi-family property.
County of San Diego, CA – Special Tax Consulting: Mr. Fisher is currently serving as the
County’s Special Tax Consultant for CFDs formed within unincorporated areas. To meet the
demands of continued growth within the County, he assisted with the formation of CFD 2013-
1 (Horse Creek Ridge), CFD 2017-1 (Hillside Meadows), CFD 2018-2 (Park Circle), CFD 2019-
1 (Meadowood), and CFD 2019-2 (Sweetwater Place). All of these CFDs will provide funding
for services and improvements ranging from maintenance and monitoring of flood control
improvements, maintenance of parks, park facilities and landscaping, and provision of fire
protection services to necessary capital improvements.
City of Rancho Mirage, CA – Special Tax Consulting: Mr. Fisher oversaw the Willdan team
that completed the formation of CFDs in 2018 through 2020 for the City and is currently working
on the formation of a third CFD (4C). He worked closely with the team to provide technical
assistance based on prior project experience and provide quality review. The two CFDs (4A
and 4B) were formed in association with the development of a Del Webb residential pro ject in
the City to provide for funding of backbone infrastructure required for the development, and for
payment of certain development fees required by the City. Willdan’s work included preparation
of the special tax and pro forma analyses, development of the tax methodology and preparation
of the Rate and Method of Apportionment of Special Tax document, preparation of the CFD
Report and other associated documents, and coordination of the formation process.
City of Upland, CA – Special Tax Consulting: Mr. Fisher oversaw the Willdan project team
that assisted the City of Upland with initial formation of the Sycamore Ranch CFD, and its
eventual modification to adapt to a change in the plan for development and product mix. He
worked closely Willdan’s team to provide guidance and advice in the development of the
methodology and approach, and to review documents and work product.
California Statewide Communities Development Authority – Special District Formations:
For over 10 years, Mr. Fisher managed district formation projects in conjunction with CSCDA
and their financing team. Recent projects include the Horse Creek Ridge CFD in San Diego
County (2018), the McSweeney Ranch CFD in the City of Hemet (2019), and the Butterfield
Ranch (Atwell) CFD in the City of Banning.
Education
Bachelor of
Science in Finance,
San Francisco
State University
Areas of Expertise
Multi-disciplinary Team
Management
Special District
Formations
Cost of Service Studies
Proposition 218
Utility Rate Studies
Client Presentations
Affiliations
California Society of
Municipal Finance
Officers
Municipal Management
Association of
Northern California
California Municipal
Treasurers Association
23 Years’ Experience
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City of Banning, CA – Fiscal Analysis and CFD Formation Services: As technical advisor,
Mr. Fisher oversaw the preparation of a comprehensive fiscal impact analysis and facilities
funding plan in association with the Butterfield Specific Plan Area within the City. The Specific
Plan area covers 1,543 acres and is proposed to include more than 5,000 homes of varying
densities, 36 acres of commercial development, over 400 acres of open space, schools , and a
utility substation. He also provided technical and policy guidance as well as quality review.
City of Laguna Beach, CA – Formation of Assessment District No. 08-01: Mr. Fisher
served as the project manager for the City of Laguna Beach Assessment Engineering Services
project, for its proposed Underground Utility Assessment District. For this effort Mr. Fisher
collaborated with Willdan’s Engineering division and included coordination with City staff and a
diverse project team. This formation required the preparation of dr aft and final Engineer’s
Report for the district, along with related documentation and analysis, and presentation of these
items. The initial formation was unsuccessful; however, the district was formed with
modifications.
City of Moreno Valley, CA – CFD No. 7, Storm Drain and Street Improvements: As project
manager, Mr. Fisher oversaw the formation of a CFD to finance the construction of storm drain
and street infrastructure improvements for an industrial/warehouse project in the City. Recently
worked with the City to modify the RMA for the CFD and support the financing team in the
issuance of $3.625MM in bonds.
City of Gonzales, CA – Tax Increment/Special Tax Consulting: Mr. Fisher served as the
principal-in-charge of the City of Gonzales engagement. He worked closely with the project
manager to provide guidance and advice.
City of Yucaipa, CA – Tax Increment/Special Tax Consulting: Mr. Fisher served as the
principal-in-charge of the City of Yucaipa engagement.
C. Fisher
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Mike Medve
Project Manager
Mr. Mike Medve is a principal consultant, with 16 years of experience, in the Financial
Consulting Services group, with expertise in public finance, including special district formation
and administration, fiscal impact analysis, public facilities financing plans, integrated financing
districts, Proposition 218, tax credit financing, state and federal grant and loan p rograms, sales
tax revenue bonds, and infrastructure financing districts. He has developed financial pro formas
and cash flow analyses for numerous types of public and private project financing programs.
Prior to joining Willdan, Mr. Medve was a consultant in the field of public finance for Parsons
Brinckerhoff and David Taussig & Associates. Over the years, he has been a financing team
member for over $150 million in limited obligation bonds and over $50 million in grant funds.
He has served as the lead consultant for over two dozen clients, both public and private,
throughout the country.
Relevant Project Experience
City of Rancho Mirage, CA – Special Tax Consulting: In 2018 and 2019 Mr. Medve assisted
the City with the formation of CFD 4A and CFD 4B, bot h of which were formed in association
with the development of a Del Webb residential project in the City. He is also working on the
current formation of CFD 4C. The CFDs were formed to provide for funding of backbone
infrastructure required for the development, and for payment of certain development fees
required by the City. Willdan’s work included preparation of the special tax and pro forma
analyses, development of the tax methodology and preparation of the Rate and Method of
Apportionment of Special Tax document, preparation of the CFD Report and other associated
documents, and coordination of the formation process.
City of Upland, CA – Special Tax Consulting: In 2015 through 2019 Mr. Medve assisted the
City of Upland with the initial formation of a CFD, the change proceedings that were
subsequently conducted to amend the CFD to accommodate a change in the plan of
development, and finally with the issuance of bonds associated with the CFD. He worked
closely with the City and its financial advisor to ensure the CFD was formed in a manner that
met the City’s requirements and financing objectives. The CFD was created to equitably spread
the cost of the infrastructure being financed through a methodology that was equitably applied
to various types of residential development in the project.
Cucamonga School District, CA – Special Tax Consulting: Managing the project, Mr.
Medve recently completed the formation of CFD 2019-1 for the Cucamonga School District.
The CFD was formed to provide ongoing funding for school facilities and payment of school
fees associated with the development of property with the School District’s boundaries.
City of Roseville, CA – Special Tax Consulting: In 2014, Mr. Medve prepared an Amended
Notice of Special Tax Lien for the City’s Fiddyment Ranch CFD No. 1 (Facilities) and Fiddyment
Ranch CFD No. 2 (Services). The amendment was necessary to reconcile changes in project
land use with the special tax revenues that were needed to pay debt service and administration
on outstanding infrastructure bonds and fund the annual operations and maintenance of
existing facilities. In 2015, Willdan was retained to serve as Special Tax Consultant for the
formation of an overlay CFD (Fiddyment Ranch CFD No. 5) that will refund a portion of the
CFD No. 1 bonds and pay for additional infrastructure projects associated with the
development. Facilities needed include streets, bridges, sewer improvements, storm drains,
water infrastructure and landscaping. Willdan has also performed the annual administration for
the City’s CFDs for over a decade.
City of Galt, CA – Special Tax Consulting: Mr. Medve is serving as project manager for the
City of Galt Liberty Ranch Community Facilities District formation. The project consists of
approximately 356 acres of land, and the proposed CFD would finance a range of City services
and maintenance activities.
Education
Bachelor of Science
Information and
Computer Science,
Management and
Mathematics Minors,
Cum Laude
University of
California Irvine
Areas of Expertise
Public Finance
Public Facility Financing
Special District Formation
and Administration
Proposition 218
New Markets Tax Credits
Grant Writing
16 Years’ Experience
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City of Murrieta, CA – Special Tax Consulting: Mr. Medve assisted the City of Murrieta with
change proceedings related to the existing CFD No. 2005-5 for the Golden Cities project. The
CFD was modified to accommodate new sales prices and a new product mix.
County of San Diego, CA – Special Tax Consulting: Mr. Medve is currently assisting the
County with their special tax consulting projects, specifically CFDs formed within
unincorporated areas. He assisted in the formation of the Horse Creek Ridge and Hillside
Meadows CFDs and is currently involved with the application review and initial steps of forming
three additional CFDs that will fund services and improvements ranging from flood control
maintenance and fire protection services to necessary capital improvements. He also has
assisted in additional follow-on special tax analysis for the Harmony Grove CFD, and in the
annexation of new territory to that CFD. He is also assisting with the replacement of an existing
Permanent Road Division special assessment with a special tax to fund street rehabilitation
and maintenance.
City of Gonzales, CA – Tax Increment/Special Tax Consulting: Mr. Medve provided
consulting services related to the formation of one of the State’s first Enhanced Infrastructure
Financing Districts (EIFD). The EIFD’s tax-sharing plan has been approved by both the City of
Gonzales and the County of Monterey, bringing millions in funding to an area that will be
annexed to the City and developed into a high-tech office park and research center. He also
assisted the City with its Cost Allocation Plan and Comprehensive User Fee update.
City of Yucaipa, CA – Tax Increment/Special Tax Consulting: Mr. Medve provided
consulting services related to the formation of one of the State’s first Enhanced Infrastructure
Financing Districts (EIFD) to assist in funding infrastructure needed to serve a retail and office
park surrounding Crafton Hills college. While the formation of the EIFD is still pending, Mr.
Medve prepared several feasibility analyses related to the formation, as well as the financial
analysis and fiscal impact analysis that will be incorporated into the Infrastructure Financin g
Plan.
City of Laguna Beach, CA – Utility Undergrounding District Formation: Mr. Medve has
assisted the City with four undergrounding assessment district formations since 2014. Duties
include plan review, site inspection, benefit allocation, producing Eng ineer’s Reports, notices,
ballots, and other legal documents, and attending Public Hearings/Council meetings. Mr.
Medve has innovated new techniques for benefit allocation that are more consistent with the
requirements of Proposition 218 as interpreted by the California courts.
City of Newport Beach, CA – Utility Undergrounding District Formation: In 2016, Mr.
Medve assisted the City with an undergrounding assessment district ballot proceeding and the
coordination of several other undergrounding districts in various stages of development. Duties
involved the development of assessment methodologies and Engineer’s Reports, plan review,
coordination with utility companies, and the tabulation/counting of ballots.
City of Irvine, CA – Great Park Financing Plan: Mr. Medve assisted the City's Orange County
Great Park (OCGP) subsidiary with the formation of a CFD and Redevelopment Area for the
Great Park project. After the elimination of redevelopment agencies, he assisted OCGP with
changing the tax structure to accommodate land use modifications and CFD change
proceedings to assure adequate funding.
M. Medve
Resume Continued
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Tyler Green
Project Analyst
Mr. Tyler Green is an analyst within Willdan’s Financial Consulting and District Administration
Services groups. His primary function is to support project managers and senior analysts with
the preparation of utility rate studies, cost allocation plans and user fee studies, as well as the
formation of special tax districts. He specializes in analysis for a variety of clients, including
cities and school districts.
Mr. Green is responsible for the annual administration of Community Facilities Districts and
other types of special taxes. He assists in the research, analysis and implementation required
for special district administration, including property classification, budget preparation,
document data entry and updates, database management, and report preparat ion.
Mr. Green provides valuable analytical support under the guidance of Principal Consultant
Mike Medve. His assigned tasks include updating content within the annual reports, preparing
resolution(s) for Intent Meetings and Public Hearings, inputting a nd updating of parcel data,
researching parcel changes, reviewing charge-exempt parcels, preparing applied reports, and
providing general information on questions relating to the special taxes.
Relevant Project Experience
Mr. Green has worked with the following agencies.
Special District Formation
California Statewide Communities Development Authority – Special District Formations:
Mr. Green provides analytical support to the Project Manager and Principal-In-Charge for the
CSCDA’s Citro CFD project.
City of Upland, CA – Special Tax Consulting: Mr. Green assisted the Willdan team by
developing analysis and draft documents necessary for the formation of a CFD, and to support
the issuance of bonds for the CFD.
County of San Diego, CA – Special Tax Consulting: Ms. Green served as a financial analyst
assigned to the County of San Diego, special tax consulting services project team. He assisted
the senior members of the team in analysis development and drafting necessary documents
for the formation of CFDs, and supports the issuance of bonds, as necessary.
City of Santa Paula, CA – Special Tax Consulting: Mr. Green assisted with the Bond
issuance support for CFD No. 2.
San Jacinto Unified School District; San Jacinto, CA: Mr. Green was the assigned project
analyst for the recently formed CFD for the San Jacinto School District. Tasks included
formation and bond issuance support.
City of Upland, CA – Special Tax Consulting: Mr. Green provided support for the formation
of CFD 2022-1 and issuance of debt for previously formed CFDs.
City of Rancho Mirage, CA – Special Tax Consulting: Mr. Green was the project analyst for
the formation of CFD 4C and 5 and debt issuance for CFDs 4A and 4B.
Special District Annual Administration
▪ City of Upland, CA – Administration of Community Facilities Districts
▪ California Statewide Communities Development Authority – Administration of
Community Facilities Districts
▪ City of Buckeye, AZ – Administration of Community Facilities Districts
▪ City of Galt, CA – Administration of Community Facilities Districts
▪ Nevada County Consolidated Fire Department; Nevada City, CA – Administration of
special taxes
▪ River Delta Unified School District; Rio Vista, CA – Administration of Community
Facilities Districts
Education
Bachelor of Science,
Business Administration
and Leadership
Studies, Chapman
University
Areas of Expertise
Community Facilities
Districts Formation
and Administration
Bond Issuance Support
2 Years’ Experience
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Special Tax Consulting Services 17
City of Moorpark, CA
References
Below are recent Special Tax Consulting Services project descriptions. We are proud of our reputation for customer
service and encourage you to contact these clients regarding our commitment to completing the projects within budget
and agreed upon timelines.
City of Lancaster, CA
Special Tax Consultant and Community Facilities District Formation Services
Willdan assisted the City of Lancaster with a cost of service and fiscal study, and subsequent CFD formation, to fund
maintenance services associated with new development projects in the City. The City requested that the special tax
rates be lower in the City center to account for the existing availability of resources and lower demand for services
within that region. Areas external to the City center generally would require the construction of new public facilities
(community centers, corporation yards, parks, trails, etc.) and would incur greater maintenance demand. Only limited
guaranteed revenues were considered in the fiscal analysis. The CFD was formed in early 2021.
Willdan completed special tax analysis and cash flow pro forma analysis for the proje ct, developed a taxing
methodology that suited anticipated development, and which apportioned the tax burden among the types of
development expected in the areas proposed for inclusion in the CFD, and we prepared the Rate and Method of
Apportionment and CFD Report. The first annexation to the CFD took place in Summer 2022.
Client Contact: Patti Garibay, Innovation and Economic Development
Tel #: (661) 723-6072 | Email: pgaribay@cityoflancasterca.org
City of Rancho Mirage, CA
Special Tax Consultant and Community Facilities District Formation Services
The City of Rancho Mirage has been a long-standing client of Willdan. Most recently, Willdan worked with the City to
complete the formation of CFD 4A and CFD 4B and supported the City in the issuance of bonds for both. Both CFDs
are associated with the development of a Del Webb residential development project in the City, and collectively
encompass more than 600 single-family residential units.
The CFDs were formed in 2018 and 2019 to provide revenue to support bonds that would finance backbone
infrastructure improvements required by the City, payment of certain fees required by the City, and also sewer and
water improvements and fees required by the Coachella Valley Water District .
Our role included close work with the City, the developer, and the developer ’s consultant to develop special tax and
pro forma cash flow analysis, as well as the development of the special tax methodology. The methodology was
created to appropriately distribute the cost of the improvements and develop tax rates that equitably char ged various
types of property in the district. Willdan completed the Rate and Method of Apportionment, CFD Report, and assisted
in the preparation of resolutions and other associated documents for the formation of the CFD. We also completed
other tasks necessary to support the formation and special tax election proceedings.
Willdan will continue to work with the City going-forward to assist in the annual administration of the district, including
calculation of the annual taxes for properties in the CFD. We will also assist in the preparation of annual continuing
disclosure reports.
Client Contact: Kofi Antobam, Director of Administrative Services
Tel #: (760) 324-4511, Ext 232 | Email: kofia@ranchomirageca.gov
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Special Tax Consulting Services 18
City of Moorpark, CA
City of Richmond, CA
Special Tax Consulting Services
Willdan was retained by the City of Richmond to provide Special Tax Consulting and Community Facilities District
formation services for the Point Molate CFD No. 2022-1. The proposed CFD encompasses an area that was formerly
a fuel storage complex for the military. It was proposed for redevelopment into mixed-use by a master developer,
SunCal, who would construct approximately 251 single family homes, 387 low-rise apartments/condominiums, 521
mid-rise apartments/townhomes/condominiums, as well as several non-residential uses. The proposed CFD would
provide funding for infrastructure improvements, with a second special tax that would fund ongoing maintenance and
services associated with the development. Willdan was part of a multi -disciplinary financing/consulting team, led by
Mark Northcross from NHA Advisors, which included attorneys, developer consultants, an appraiser and engineers.
Willdan worked with the financing team to develop a sophisticated special tax methodology and Rate and Method of
Apportionment that incorporated unique approaches to community benefit and facility financing, as well as resolving
sticking points between City Staff and the project proponent. We also evaluated and updated a fiscal analysis
submitted to the City for the project and presented results to the team, City Staff, and ultimately the City Council.
Due to various concerns amongst the elected officials, the formation of the CFD was put on hold while the proposed
uses for the former military facility were re-evaluated and debated.
Client Contact: Joe Leach, Public Works Director
Tel #: (510) 620-5478 | Email: joe_leach@ci.richmond.ca.us
City of Upland, CA
Special Tax Consultant and Community Facilities District Formation Services
Willdan worked with the City of Upland and their financing team to form the Sycamore Hills CFD (2015 -1) and the
Harvest CFD (2016-1) and assist in the issuance of multiple series of bonds. The CFDs were formed to provide
revenue to support the issuance of bonds, proceeds of which were used to pay for backbone infrastructure (streets,
sewer, water, storm drains, etc.) and development fees associated with the development of over 300 residential units
in the City. The CFDs were originally formed with one improvement area, then underwent change proceedings to
create a second improvement area to better align the timing of two series of bonds with the development of two
separate areas of the project.
Willdan completed special tax analysis and cash flow pro forma analysis for the project, developed a taxing
methodology that suited the projected build out timeline, and which equitably allocated the costs and apportioned the
tax burden among the various types of property in the CFDs. We also prepared the Rate and Method of
Apportionment and CFD Report for both and assisted in the preparation of bond offering documents.
We are also working with the City on an ongoing basis to provide for administration of the CFD and preparation of
annual disclosure and arbitrage rebate reports.
Client Contact: Doug Anderson, Managing Director Urban Futures
Tel #: (714) 923-3543 | Email: douga@urbanfuturesinc.com
223
27368 Via Industria, Suite 200
Temecula, California 92590-4856
800.755.6864 | 951.587.3500 | Fax: 888.326.6864
www.willdan.com
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February 14, 2023
VIA EMAIL PDF
Troy Brown
Jeremy Laurentowski
City of Moorpark
Re: City of Moorpark- Proposed Vendra Development,
Formation of Community Facilities District
Thank you for requesting a proposal from our firm for the City of Moorpark’s planned
formation of a community facilities district (CFD) for the proposed Vendra development.
Upon your request we will perform the following services:
•draft deposit agreement related to property owners’ deposit to pay for formation
costs, if necessary;
•provide instructions regarding boundary map and review draft boundary map;
•review and comment on rate and method of apportionment of special tax prepared
by special tax consultant to the City;
•draft or assist in drafting joint facilities agreements with other local agencies, if
necessary;
•draft Resolution of Intention to Establish CFD and Resolution of Intention to Incur
Debt for the CFD
•draft and coordinate publication of notice of public hearing;
•draft and consult with special tax consultant and City staff re CFD Report;
•draft Resolution of Formation;
•draft Resolution Calling Special Election;
•draft ballot and related election materials, mail to property owner(s);
•draft Resolution Declaring Results of Special Election;
•draft Ordinance Levying Special Taxes and coordinate publication;
•draft Notice of Special Tax Lien and coordinate recordation;
•legal counsel ancillary and related to the formation process, as needed.
Our fee for the above is $25,000, flat fee and contingent upon successful formation of the
CFD.
Let us know if you have any questions.
David T. Fama James A. Wawrzyniak, Jr.
475 Sansome Street
Suite 1700
San Francisco, CA 94111
t. 415.391.5780
f. 415.276.2088
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