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Council authorizes consultants and developer agreements for Creekside CFD and approves related access and license agreements
Summary
Council authorized consultants and a deposit/reimbursement agreement to proceed with formation steps for Creekside Community Facilities District No. 7 (Mello‑Roos) and approved an access easement and HOA license for Lot 134 and related private improvements; staff emphasized that tonight's actions do not form the CFD or levy special taxes.
Finance staff presented background and a staff recommendation to proceed with consultant contracts and a deposit and reimbursement agreement with Williams Homes to evaluate formation of Community Facilities District (CFD) No. 7 for the Creekside development under the Mello‑Roos Act.
Deborah Cavaledo, finance director, said the action would retain consultants (financial advisor, legal counsel, and others) and require the developer to deposit funds to cover formation costs; approval tonight does not create a CFD, authorize special taxes or issue bonds. "Tonight's action does not establish the CFD this evening," staff said, but is the required next step in the formation process that includes kickoff, background research, rate and method drafting, public reporting and hearings.
Separately, city engineer Roxanne presented two related agreements for Creekside: a Lot 134 access and utility easement for a private estate lot that uses the city well access road, and a license and covenant with the Creekside Homeowners Association permitting private landscaping and maintenance of certain improvements (including work around an orphaned oil well vent cone) within public right‑of‑way. Staff emphasized restrictions to protect city well access and limit private use of the roadway.
Council discussion focused on clarifying Mello‑Roos terminology (staff emphasized these are special taxes assessed under the Mello‑Roos mechanism, not HOA fees), protections for the city’s general fund (developer deposit to reimburse formation costs), and the infrastructure needs served by the financing if the CFD ultimately proceeds.
Outcomes: Council unanimously authorized the agreements and consultant retention to proceed with CFD formation steps and authorized the city manager to execute the Lot 134 easement and HOA license in a form approved by the city attorney.
Next steps: Staff will proceed with the kickoff, prepare a CFD report and rate-and-method, return to council at each required stage, and continue coordinating required engineering and legal analyses.
