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LWV League of Women Voters of California Education Fund
Smart Voter
Contra Costa County, CA November 8, 2005 Election
Measure M
City of Clayton

2/3 Approval Required

Fail: 2,084 / 45.06% Yes votes ...... 2,541 / 54.94% No votes

See Also: Index of all Measures

Results as of Nov 23 10:05am, 100.0% of Precincts Reporting (8/8)
Information shown below: Impartial Analysis | Arguments | Tax Rate Statement | Full Text

Shall the City Council be authorized to levy a special landscape tax for 15 years, issue no more than $2,800,000 in improvement bonds, and finance public services and facilities through Community Facilities District 2005-1 (replacing existing District 1997-1) in the initial annual amount of $365.00 per residential parcel and non-residential acre (subject to annual CPI increases), for public landscaping, weed abatement, trails, downtown park, fountain and related costs; and shall the District's first year appropriations limit be $1,616,000?

Impartial Analysis from Clayton City Attorney
Following public hearing on July 5, 2005, the City Council adopted Resolution No. 33-2005 establishing the Clayton Community Facilities District 2005-1 (CFD), the boundaries of which encompass the entire City of Clayton. The public services and facilities (improvements) proposed to be financed by the CFD are itemized in Exhibit "A" to the Resolution. They include improvement and maintenance of public roadway landscaping and maintenance of the Clayton Fountain, Downtown Park, open space and trails.

In order to pay for maintenance and improvements, related administrative costs, and the debt service on no more than $2,800,000.00 in improvement bonds to be issued, a special tax is proposed in the initial total amount of $365.00 to be levied annually on each residential parcel and non-residential acre not defined as exempt within the District.

The $296.00 services component of the tax may be increased annually by the City Council in an amount not to exceed the full annual adjustment (April to April of the Consumer Price Index-all Urban Consumers, San Francisco-Oakland-San Jose, California area, base period 1982-84 equals 100). The determination to apply any CPI adjustment shall be made by the City Council at a public meeting accompanied by prior recommendations of a CFD Citizens Oversight Committee. The $69.00 debt service component of the tax is not subject to adjustment.

The special tax will be levied annually for a period of 15 years commencing with fiscal year 2006-2007 to and including fiscal year 2020-2021 and then will expire.

The proposed annual appropriations limit has been preliminarily established at $1,616,000.00 (first year budget).

On July 5, 2005, the City Council also adopted Resolution No. 34-2005 deeming it necessary to incur bonded indebtedness in the maximum amount of $2,800,000.00 for CFD improvements, subject to approval by the qualified electors.

On July 5, 2005, the City Council also adopted Resolution No. 35-2005 calling for a special election to be held November 8, 2005 within the CFD (City boundaries) on whether this special tax shall be levied, if the appropriations limit for the District (first year total budget) shall be as set forth above, and if improvement bonds of no more than $2,800,000.00 shall be issued.

Passage of the special tax and approval of the bond issuance requires a favorable vote of two-thirds of the votes cast on the measure.

If the ballot measure passes and the special tax is implemented, the levy of the special tax of the CFD shall replace and be in lieu of the current and future levies of the special tax of the Community District 1997-1 (Citywide Landscape Maintenance) on property within the CFD.

Copies of all relevant reports, a boundary map of the CFD, and Council resolutions concerning the proposed CFD are available for review in the office of the City Clerk (925-673-7300).

This analysis was prepared as an impartial analysis of the measure as required by California Government Code Section 53327 and Elections Code Section 9280.
Dated: August 8, 2005
s/J. Daniel Adams
Clayton City Attorney

  Official Information

City of Clayton

City of Clayton Measure M Web pages
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Arguments For Measure M Arguments Against Measure M
Why Measure M ?

Clayton's public landscaping needs our help! Walk along our thoroughfares and trails - you'll see bare spots where plants once thrived, broken sprinkler heads, eroded soil, weeds and overgrown bushes in need of trimming.

Measure M replaces our current Landscape Maintenance District, which is woefully under funded and about to expire. If we act now, we can save our landscaping. "Do nothing" results in no funds at all for landscape maintenance. That result is disastrous for Clayton, and us all.

What Clayton Residents Deserve
We deserve a Landscape Maintenance District that provides us with safe and attractive walkways, trails and open space. We deserve a downtown park where we can take our children and grandchildren to play. We deserve the enjoyment of our fountain on weekends. We deserve the increased safety and peace of mind of more frequent weed abatement and fire clearance. We deserve quality landscaping to preserve our property values.

What Measure M Provides

  • Funds to maintain our future Downtown Park.

(The park will not be built if Measure M is not passed)
  • Funds to operate our fountain on the weekends.
  • Funds to increase the frequency of weed abatement and fire clearance.
  • Funds to provide adequate maintenance of our planting areas, trails, and open spaces.
  • Funds to repair and upgrade our irrigation system.
  • Funds for new and replacement plants.
  • Funds that keep pace with inflation.
  • Establishment of a Citizen's Oversight Committee for the District.
  • Expiration in 15 years.

What Will It Cost?
One dollar per day per household ($365 annually)

Vote "Yes" on Measure M
Your vote does count to maintain our landscaping and our quality of life. Vote "Yes" for the best Clayton can be!

s/Daniel Richardson,
Blue Ribbon Landscape Maintenance Committee Chairperson
s/Linda Pinder,
Former Community Services Commission Chair
s/Memory Woodard,
Community Volunteer
s/John J Rubiales,
President Clayton Business & Community Association
s/Robert Hoyer,

Rebuttal to Arguments For
NO on M _ $2.8 Million Monetary Madne$$ - NO on M

Don't financially overwhelm Clayton!

DUPED?: We find it suspect and sad that proponents of M attempt to dupe the voters of Clayton. The committee's chair is an attorney and additionally Director of a Walnut Creek City Department. M's backers should know better than to urge Clayton voters to sanction this not-so-cleverly disguised $2.8 Million 15-Year debt AND Mello-Roos taxes, on buildings AND acreage.

REMEMBER Q: 55% of Clayton voters approved Measure Q during November 2000, which advises that The Grove Park "be paid from any new general fund tax revenues" (income stream) as opposed to years of M's $2.8 Million bonds (indebtedness).

COUNT THE COST: We crunched Clayton's City Attorney numbers, which reveal that only 57% of M's monies are actually allocated for landscape improvements and maintenance. Divide $1,616,000 (Clayton gets) by $2,800,000 (Clayton pays). The balance of $1,184,000 (43%) goes for administrative, debt, and hefty interest fees.

PATIENCE: M's supporters warn you to act NOW or forever lose the opportunity. However, Clayton already designates General Fund monies for landscaping. We citizens can temporarily augment Clayton's five city personnel assigned this most honourable task. We can wait two years, gather monthly to clean, maintain, and aid Mother Nature. Let's think, meet, exchange ideas, then compose new words to present as a wise ballot measure.

We want The Park & Landscaping, too!

NO on M - $2.8 Million Monetary Madne$$ - NO on M
Eleven-Year Clayton Resident
Nine-Year Clayton Resident
s/miss trudie rogers,
s/George Cardinet
Trail stroller


Let common sense and good old-fashioned mother wit prevail. I don't have a university degree - and you don't need one either - to figure out this replacement, extended, increasing tax. It started in 1997. Shall it end? I think not . . . and the $365 tax is expected to increase by 3% annually.

As a 19-year resident of Contra Costa County, I've seen these shenanigans before - and so have you: the imposition of a "temporary" tax to pay for budgeted items which we thought we were already paying for.

What's going to happen to this latest Three Hundred and Sixty Five Dollars? maybe kill some more squirrels? perhaps chop down additional ancient trees?

Why don't we use some real imagination, creativity, and energy? Let's schedule Clayton's Seasonal Come-Rain-or-Shine Clean Ups as monthly events. We citizens of Clayton want to become, stay involved in maintaining the beauty and ambiance of our city.

I hereby challenge the local chapters of the League of Women Voters, the Soroptomists, the Oakhurst Golf Course & Country Club, the Clayton Community Church, the Library Foundation, Clayton Station Shopping Center vendors, Clayton Business and Community Association, VFW Post 1525, Clayton Valley Women's Club, and any other of Clayton's respected voices to formally sponsor or host on their premises - beginning Labor Day - a series of open, public forums as regards Measure M. Let's hear both sides of the issue. Thereafter, you can arrive at only one conclusion. You have something else to do with Three Hundred and Sixty Five Dollars . . . and that's only the first year. Clayton's finance manager's estimate for the highest tax rate is $448 annually.


s/miss trudie rogers

Rebuttal to Arguments Against
Will the funding to maintain Clayton's landscaping end? Definitely, as will our ability to maintain the landscaping and character of Clayton.

Will it increase by 3% per year? Not necessarily. It's allowable, but not automatic. With the current measure we have learned the hard way what happens if the funding does not have the ability to keep pace with inflation. Measure M avoids the mistakes of the past, establishes citizen oversight of the annual budget and insures only needed increases are approved.

What will happen to the funds? They will provide the necessary resources to insure our community's landscaping is properly cared for and thrives. Additionally, it brings equity to the District by enabling us to address long neglected areas, updates aging irrigation systems, expands fire protection, operation of the fountain on the weekends, and guarantees the final piece needed to build the long anticipated downtown park.

For the past 18 months a committee of residents met to explore opportunities for the District to build upon its successes, learn from its mistakes, maximize efficiency and establish a standard of care. They reached out to the community during the 4th of July Parade, Octoberfest, Art& Wine Festival and Clayton Cleans Up Days. They exchanged ideas with their neighbors and met with local groups including the CBCA, Rotary, AAUW, and Clayton Historical Society. Measure M is the culmination of those efforts.

Voting YES on measure M will guarantee that the beauty of Clayton will continue for all of us to enjoy.

s/Daniel Richardson
Chair, Blue Ribbon Landscape Maintenance Committee
s/Bill Vineyard
Treasurer for "Yes" For Clayton Landscape Maintenance
s/Candace E. Bass
Blue Ribbon Landscape Maintenance Committee Member
s/Robert W. Hoyer
First Mayor of Clayton
s/Irene Nelson
Blue Ribbon Landscape Maintenance Committee Member

Tax Rate Statement from Clayton Finance Manager
The measure authorizes the District to levy, starting in 2006-2007, an annual special tax for no more that fifteen (15) years to fund landscape services and improvements within the District's boundaries. The measure also authorizes the sale of no more than $2,800,000 in special tax revenue bonds of the District to finance the capital improvements of the District's landscaped areas and facilities. If such bonds are authorized and sold, the principle thereof and interest thereon will be payable entirely from the proceeds of special tax levies made upon the taxable real property in the District. The following information is provided in compliance with Sections 9400-9404 of the Elections Code of the State of California:

1. The best estimate of the initial total amount of the special tax is $365.00.

2. The best estimate of that portion of the initial tax required to fund the maintenance services during the first fiscal year is $296.00 per residential parcel and per non-residential acre. The best estimate of the highest tax rate which would be required to be levied to fund the maintenance services of the District in year 2020-2021 is $448.00 per residential parcel and per non-residential acre, based on the current District's experience over the past eight (8) years of the Consumer Price Index for the Bay Area averaging 3.0% per year since April 1997.

3. The best estimate of the portion of the tax required to fund the bond issuance during the first fiscal year after the sale of the first series of bonds is $69.00 per residential parcel and per non-residential acre. The best estimate of the highest tax rate required to fund the authorized bond issuance of the District for improvements to the District's landscaped areas and facilities in its fifteenth (15th) year is $69.00 per residential parcel and per non-residential acre. This estimate is based on the fact the District will only issue special tax revenue bonds in an amount that can be repaid at the annual flat rate of $69.00 per residential parcel and per non-residential acre over the 15-year term of the District.

s/Merry Pelletier, Finance Manager
City of Clayton, CA

Full Text of Measure M
1. CFD Established
The community facilities district designated "City of Clayton Community Facilities District CFD No. 2005-1 (Citywide Landscape Maintenance and Improvements)" is hereby established pursuant to this measure.
2. Boundaries Described
The boundaries of the CFD encompass the entire City and are set forth in the map of the CFD previously recorded in the Contra Costa County Recorder's Office in Book 78 at page 7 of Maps of Assessment and Community Facilities Districts (Instrument No. 05-190167).
3. Services and Improvements
The type of services and improvements proposed to be financed by the CFD special tax shall include the attributable costs of maintenance and improvements of the following:
A. Public Roadway Landscaping - which includes but is not limited to the following rights-of-way:
Atchinson Stage Road - from Pine Hollow Road to Caufield Drive.
Black Point Place - center median island.
Caulfield Court - center median island.
Center Street - from Oak Street to Clayton Road.
Clayton Road - from the western city limits to the southern Marsh Creek Road intersection.
Cul-de-sacs: landscaped areas at the end of Ahwanee Lane, Wawona Court, Tuyshtak Court, Antelope Court, Obsidian Court, Blue Oak Lane, Falcon Place, Windmill Canyon Place, Hummingbird Place, Raven Place, and Golden Eagle Place.
Diablo Parkway - from Marsh Creek Road to El Portal Drive.
Eagle Peak Avenue - from the east intersection with Oakhurst Drive to just west of the Ohlone Heights intersection, and including the west intersection with Oakhurst Drive.
Indianhead Way - entrance area at Oakhurst Drive.
Indian Wells Way - both entrance areas with Oakhurst Drive, and center medians up to Anizume Court and Jalalon Place.
Jeffry Ranch Court - center median island.
Keller Ridge Drive - to Golden Eagle Place intersection.
Lydia Lane - from intersection of Clayton Road to Lydia Lane Park.
Main Street - from Clayton Road to (old) Marsh Creek Road.
Marsh Creek Road - from the northern intersection of (old) Marsh Creek Road to the eastern city limit.
Oakhurst Drive - from the western city limits to Clayton Road intersection.
Peacock Creek Drive - from Clayton Road to approximately 250' before the Pebble Beach Drive intersection.
Pine Hollow Road - from Atchinson Stage Road to Panadero Way.
So. Mitchell Canyon Road - from approx. Del Trigo Lane to Herriman Court intersection.

B. Open Space and Trails - which includes but are not limited to:
Publicly-owned open space and trails located within the boundaries of the CFD.

C. Clayton Fountain - which includes but is not limited to:
Costs of maintenance to the fountain, rock structure and all attendant appurtenances for its operation each weekend and on selected holidays and special events.

D. Downtown Park - which includes but is not limited to:
Costs of maintenance to a 1-acre public park (APN 119-015-005,006) abutting the western edge of (old) Marsh Creek Road between Main and Center Streets located in Town Center Clayton.

E. Definition

"Costs of Maintenance" of the foregoing improvements means the furnishing of services and materials for the ordinary and usual operation, maintenance and care of the public landscaping and appurtenant facilities, including repair, removal or replacement of all or part of any landscaping and appurtenant facilities providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid wastes; and the control of landscape pests, including but not limited to vermin and rodents, ground squirrels, gophers, moles and wild pigs.

"Maintenance" also means the furnishing of water for irrigation of the public landscaping, and the supply of electricity to operate the attendant irrigation systems. In addition, allowable expenses include the County's cost to levy and collect the District's assessment through the annual property tax bill, the City's shared equipment and facility charges, City prorated overhead charges to administer and manage the District, and District reserve funds for replacement and major repairs.

The foregoing services shall be provided through and by the City of Clayton, either with its own labor forces or by contract with third parties, or any combination thereof, as determined solely by the City of Clayton.

F. Description of Facilities to be Financed by the CFD

The Facilities (Improvements) authorized to be financed by the CFD consist of public landscaping and hardscape, trail system improvements, and irrigation system capital improvements in various areas of the CFD, and incidental expenses thereto authorized by the Mello-Roos Community Facilities Act of 1982 including, but not limited to, the cost of designing and engineering the facilities, land acquisition and easement payments, incidental costs of construction and costs associated with the creation of the CFD, issuance of bonds, determination of the amount of taxes, collection of taxes, payment of taxes, or costs otherwise incurred to carry out the authorized purposes of the CFD.

4. Special Taxes
If the measure passes, a special tax sufficient to pay the costs of the CFD, secured by a continuing lien against all non-exempt real property in the CFD, will be levied annually within the CFD and collected in the same manner as ordinary ad valorem property taxes or in such manner as the City Council or its designee shall determine, including direct billing of the affected property owners. The rate and method of apportionment of the special tax among the parcels of real property within the CFD shall be as follows:

A. Definitions

Taxable Parcels - Parcels of land within the boundaries of the CFD that are not included in the "Exempt Parcel" category listed below.

Exempt Parcels - Parcels of land owned by a public agency, right-of-way parcels, churches, schools, hospitals, cemeteries, mortuaries, libraries, parks, mineral rights, private roads, pipelines, public parking facilities and common areas.

Residential Parcels - Taxable parcels of land that are classified as either single-family, condominium, townhouse, multi-family or rural residential parcels. Non-residential Parcels Taxable parcels that are not classified as "Residential Parcels".

Special Tax - The special tax allowed to be levied on property within the CFD, calculated pursuant to the Special Tax Formula.

B. Special Tax Formula

Residential Parcels - An annual special tax will be levied on all Residential Parcels, as defined above, at the per parcel tax rate shown below for each fiscal year 2006-2007 through 2020-2021:

Residential Parcel Annual Special Tax Rate: $365.00

Non-residential Parcels - An annual special tax will be levied on all Non-residential Parcels at the per acre rate shown below for each fiscal year 2006-2007 through 2020-2021:

Non-residential Parcel Annual Special Tax Rate: $365.00 per acre.

The $365.00 special tax rate referred to above is comprised of two components: (1) a services component in the amount of $296.00, and (2) a facilities component in the amount of $69.00. The services component may only be used for authorized Costs of Maintenance and the facilities component may only be used for authorized improvements of the CFD (which may include payment of debt service on bonds used to finance authorized improvements).

5. Duration of Special Tax
The special tax will be levied annually for a period of fifteen (15) years commencing in fiscal year 2006-2007 through and including fiscal year 2020-2021. After the fifteen (15) year duration has expired the special tax may no longer be collected unless extended pursuant to applicable laws, except that a special tax that was lawfully levied in or before the final tax year and that remains delinquent may be collected in subsequent years.

6. Special Tax Escalator Factor
In fiscal years 2007-2008 through 2020-2021, the services component of the special tax may be increased annually by the Clayton City Council in an amount not to exceed the full annual adjustment (April to April) in the Consumer Price Index - All Urban Consumers, San Francisco-Oakland-San Jose, CA area (Base Period 1982 = 100). This escalator clause is applicable if determined to be necessary due to expected increases in the operational and maintenance expenses attributable to the CFD. Such determination shall be made by action of the Clayton City Council, which must occur at a regular public meeting thereof accompanied by a prior recommendation of the CFD Citizens Oversight Committee. The escalator factor is annually applicable only to the services component of the special tax.

7. Facilities Special Tax Restriction
Under no circumstance will the facilities component of the special tax authorized for any Residential or non-Residential Parcel be increased by more than 10% as a consequence of delinquency or default by the owner of any other Residential or non-Residential Parcel.

8. Effect of Special Tax of Community Facilities District 1997-1
Any parcel which is subject to the levy of the Special Tax shall be exempt from a levy of the special tax of the City's Community Facilities District 1997-1 (Citywide Landscape Maintenance) for the same year, it being intended that the levy of the Special Tax provided for herein is a replacement and in lieu of a special tax of the City's Community Facilities District 1997-1 (Citywide Landscape Maintenance).

9. Bonded Indebtedness Incurred
This measure authorizes the CFD to incur bonded indebtedness in the maximum aggregate principal amount of $2,800,000 within the boundaries of the CFD for the purpose of financing the costs of Facilities (Improvements) including, but not limited to, the costs of issuing and selling bonds to finance the Facilities and the costs of the City in establishing and administering the CFD. The whole of the CFD shall pay for the bonded indebtedness through the levy of the Special Tax facilities annual rate component of $69.00, which annual rate is not subject to the Special Tax Escalator Factor. The bonds or any series issued thereof shall have a maximum term of not to exceed 15 years or the term of the CFD.

10. Fiscal Accountability Protections
An independent auditor will annually review and audit expenditures of funds specifically derived from the CFD to ensure compliance with the measure and in accord with prudent, general accounting regulations and practices.

In the initial year of the CFD the City Council will establish by resolution a seven (7) member Citizens Oversight Committee to meet periodically and to annually review the CFD's revenues, expenditures and reserves, thereby providing a second independent verification that all expenditures are being made as promised to Clayton property owners. The findings of both the Citizens Oversight Committee and the Independent Auditor will be reviewed by the City Council in a public meeting and made available to the public.

The duties of the Citizens Oversight Committee will be to:

A. Serve as the principal citizens' advisory group to the City Council and City Manager pertaining to public landscaping, trails and open space maintenance within the prescribed CFD boundaries.

B. Review and recommend policies and practices to the City Manager and the City Council concerning the care and maintenance, repair, replacement and improvement of public landscaping, trails, open space areas and all assets within its jurisdiction.

C. Prepare a public Annual Report to the City Council regarding activities, maintenance and financial status of the CFD.

D. Review and recommend an annual CFD budget to the City Council each fiscal year.

E. Assist the City and its staff in the design, development and recommendation of facility improvements for the CFD to the City Council.

F. Perform other such duties as may be assigned from time to time by the City Council.

11. Dedicated Accounting Structure All revenues derived by the CFD Special Tax shall be utilized for the sole purpose of maintaining, improving and financing the public roadway landscaping, open space and trails, Clayton Fountain, Downtown Park, including administrative costs, and any incurred bonded indebtedness. The City shall establish and maintain a separate fund into which all CFD revenues and interest shall be deposited. This Fund shall be separate from the City's General Fund and all other accounts and shall be the source of respective CFD expenditures in the approved annual budget. Any balances or equity in the CFD Fund, whether positive or negative, shall earn or pay interest accordingly. The City Council cannot use or appropriate CFD funds to replace General Fund dollars or services at any time.

12. Planned Review
Five (5) years after the date the CFD is approved by voters, and every five (5) years thereafter, the Citizens Oversight Committee and the City Council will meet jointly in a public meeting to review the success of the CFD and to evaluate and report on its impact in advancing the maintenance, care and improvements of the public roadway landscaping, open space and trails, Clayton Fountain and Downtown Park.

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Created: January 28, 2006 14:39 PST
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