File #: 2023-0936    Version: 1 Name:
Type: Consent Status: Agenda Ready
File created: 12/11/2023 In control: Carson Reclamation Authority
On agenda: 12/28/2023 Final action:
Title: CONSIDER FIRST AMENDMENT TO THE AGREEMENT WITH DAVID TAUSSIG AND ASSOCIATES, INC., D/B/A DTA, TO PROVIDE CFD RESTRUCTURING AND SPECIAL TAX CONSULTING SERVICES TO THE CARSON RECLAMATION AUTHORITY
Attachments: 1. C-22-166 - DAVID TAUSSIG AND ASSOCIATES, INC 2022 SEP 22
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Report to Carson Reclamation Authority

Thursday, December 28, 2023

Consent

 

 

SUBJECT:                     

Title

CONSIDER FIRST AMENDMENT TO THE AGREEMENT WITH DAVID TAUSSIG AND ASSOCIATES, INC., D/B/A DTA, TO PROVIDE CFD RESTRUCTURING AND SPECIAL TAX CONSULTING SERVICES TO THE CARSON RECLAMATION AUTHORITY

 

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I.                     SUMMARY

The agreement for contract services with David Taussig and Associates, Inc. dba DTA, was approved September 27, 2022. The agreement is for $61,000.  CRA staff and the Authority counsel have worked with DTA and the prospective property owners on the Site (CAM-Carson, LLC and Carson Goose Owner, LLC) on the revision of Community Facilities District 2012-1 (CFD 2012-1) and the potential termination of Community Facilities District 2012-2 (CFD 2012-2). The first CFD was established to provide a funding stream for the long-term operation and maintenance of the remedial systems on the site, and the second CFD was established as a mechanism to refund the original developer of the site, Carson Marketplace, for the construction of the public infrastructure.

Given the infrastructure is being undertaken by the CRA with some developer contributions, CFD 2012-2 may be unnecessary.

Work with all the parties has proceeded but is complex.  Ultimately, the product by DTA will be a revised Rate and Method of Allocation (“RMA”) for the CFD, essentially the way the assessment is levied against the various private owners of the site.  Considerable effort has gone into future budget projections, as well as understanding all of the other costs (such as admin, regulatory oversight, and insurance) that will also be necessary to pay after completion.  The “method” of allocation will also change to be more equitable - based on acreage rather than differential rates for different land uses.  (Since the installation of liner and landfill gas wells is relatively uniform over the site and not dependent on land use.)

Under the terms of the Agreement, the Executive Director has some ability to approve minor changes to the Agreement, but any amendment to the term over 90 days must be approved by the CRA Board.  The extension requested for approval would extend the Term of the Agreement to March 27, 2024.  This request is for additional term only and no additional funds in the contract.

 

 

II.                     RECOMMENDATION

Recommendation

TAKE the following actions:

1.                     APPROVE AN AMENDMENT TO EXTEND THE TERM OF THE AGREEMENT BETWEEN THE CARSON RECLAMATION AUTHORITY AND DAVID TAUSSIG AND ASSOCIATES, INC. D/B/A DTA, A CALIFORNIA CORPORATION, TO RESTRUCTURE COMMUNITY FACILITIES DISTRICTS 2012-1 AND 2012-2 ON THE 157-ACRE SITE, THE FORMER CAL-COMPACT LANDFILL, IN AN AMOUNT NOT TO EXCEED $61,000.00, TO MARCH 27, 2024

 

2.                     AUTHORIZE the Executive Director to execute the Agreement in a form acceptable to the Authority Counsel.

 

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III.                     ALTERNATIVES

Take another action deemed appropriate by the Board.

 IV.                     BACKGROUND

See Summary.

 

V.                     FISCAL IMPACT

None.

 

VI.                     EXHIBITS

1.                     Agreement with David Taussig and Associates, Inc, d/b/a DTA(pgs. 3-61)

 

 

Prepared by:  John S. Raymond, Executive Director