|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.
"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:
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.