What is the Sherwood Corridor Special Benefit Assessment?

The proposed Sherwood Corridor Special Benefit Assessment is an annual property assessment that would provide funding to repair and maintain two emergency access routes in the Sherwood corridor (Brooktrails, Sylvandale, Spring Creek, and the Gates).

The existing Sherwood Road corridor, a single road serving a large population in a high-risk fire area, poses significant safety risks during wildfires. The proposed Sherwood Corridor Special Benefit Assessment, a crucial funding source, aims to address this issue by providing alternative access routes. These routes are essential during an emergency, serving as dedicated access roads for first responders or alternative evacuation routes for residents. 

FirCo Road is an example of the importance of such alternate routes. It was effectively used during the Oak Fire, allowing for a successful and safe evacuation of the area. However, FirCo Rd and Willits Creek Rd both need repairs and ongoing maintenance to provide safe and effective emergency access.

Because these roads are not county-owned but accessed through deeds, specific, dedicated funding must be raised to maintain them.

The property owners in the areas served (Brooktrails, Sylvandale, Spring Creek, the Gates) by these emergency access routes will have the opportunity to vote on the Sherwood Corridor Special Benefit Assessment. Ballots will be mailed in early June and are due by July 23rd (see timeline below for details). This assessment is crucial for funding the repairs and maintenance of these routes, ensuring their continued safety and effectiveness. 

If voters approve, parcels within the benefit area will be assessed $30.33 per developed parcel and $1.39 per undeveloped parcel annually. This funding, dedicated solely to maintaining emergency access routes, will significantly enhance our community's safety during emergencies.

The map below indicates all parcels positively impacted by access routes, and as such, property owners are entitled to vote on the special benefit assessment.

Timeline:

MAY 28th:

Community Presentation at the Brooktrails Township CSD Meeting, May 28th, 2024 7:00pm

Location:

Brooktrails Township Community Services District

24860 Birch Street, Willits CA 95490

JUNE 7th:

All property owners assessed for special benefit will receive an official ballot by mail.

JULY 23rd:

Public Hearing and ballot count, all ballots must be received prior to the end of the public hearing on July 23rd 2024.

Location:

Board of Supervisors Chambers, County of Mendocino Administrative Building

501 Low Gap Rd, Ukiah, CA 95482

DOCUMENTS AND REPORTS

Emergency Access Roads Assessment Engineers Report

FAQ

What is an Assessment and how is it different from a Fee or Tax?

Proposition 218 defines an assessment as “any levy or charge upon real property by an agency for a special benefit conferred upon the real property.” (Cal. Const., art. XIII D, § 2, subd. (b).)22
Thus, “special benefit to property” is essential to any assessment against real property. In contrast with a tax — which can be calculated on most any rational basis — or a property-related fee — which is calculated based on the proportional cost of providing a service to a parcel and other factors specified in article XIII D, section 6, subdivision (b) of the California Constitution — an assessment can be levied against a parcel only for the “the reasonable cost of the proportional special benefit conferred on
that parcel.” (Cal. Const., art. XIIID, § 2(b).)

[A] special assessment, sometimes described as a local assessment, is a charge imposed on particular real property for a local public improvement of direct benefit to that property, as for example a street improvement, lighting improvement, irrigation improvement, sewer connection, drainage improvement, or flood control improvement. The rationale of special assessment is that the assessed property has received a special benefit over and above that received by the general public. The general public should not be required to pay for special benefits for the few, and the few specially benefited should not be subsidized by the general public.

Propositions 26 and 218 Implementation Guide August 2021, League of California Cities (Solvang Mun. Improvement Dist. v. Board of Supervisors (1980) 112 Cal.App.3d 545.)23

Who is allowed to vote?

Any owner of property within the benefit boundary may vote on the assessment.

I own property within the voting boundary, but didn't receive my ballot, what do I do?

Contact us at (707)463-4441 or econdev@mendocinocounty.gov to receive a replacement ballot.

What if there are multiple property owners for one parcel?

Each owner is allowed a vote. If multiple owners of one parcel vote, the sum of their votes will be counted as a single vote, ex: two property owners both submitting a vote will be considered 1/2 vote each, totaling one vote for the parcel.

 How do I submit my ballot?

Ballots must be received sealed in the return envelope provided by the county. Ballots may be mailed back via the return envelope or dropped in the official ballot box at the following locations:

• Brooktrails Township CSD Office 24860 Birch St, Willits CA 95490 (M-F 8am-5pm)
• Mendocino County Registrar of Voters 501 Low Gap Rd, Ukiah CA 95482

If you are mailing your ballot back, please allow ample time for mail delivery. Ballots received after the close of the Public Hearing on July 23rd will not be counted.

What voting outcome passes the special assessment?

If more than 50% of the vote is yes, the Special Benefit Assessment passes. Only votes cast will be counted.

Are developed parcels and undeveloped parcels voting power the same?

No, this a weighted vote. Developed parcels are weighted, granting them greater influence. The weight of developed vs undeveloped is based on the assessments. A developed parcel vote is 21.82 times that of an undeveloped.

Is the assessment the same amount every year?

The assessment is subject to annual increase based on change in the Consumer Price Index West Region (CPI-U – West Region).

Additionally, if a parcel is initially assessed as undeveloped, and developed in the future, the assessment amount will change effective at the time of completion of development.

Is this a tax?

No, it is an assessment on the property, which is different than a tax.  An assessment provides a benefit to the property. The benefit in this case is maintained alternative emergency routes.

Why is an assessment necessary to maintain these roads?

Because the roads are accessed through easements and not county owned roads, general funds cannot be used to support their maintenance.  Due to the high fire risk of the area and limited routes of access, the best option for funding to maintain alternate emergency routes is through an assessment.

What if I don’t want to pay?

If you opposed the assessment, and it passes, all property owners within the benefit boundary are still required to pay the assessment.

Letter From Supervisor Haschak

The County has been working with private land owners, Sherwood Firewise Communities and Brooktrails Community Services District Board to keep the FirCo Road and Willits Creek Road cleared of vegetation and ready for emergency use only as emergency access routes. The Firco Road was used effectively during the Oak Fire and provided for a successful and safe evacuation of the area.

In 2022, property owners in this area of the Sherwood Road corridor received a letter from the Mendocino County Department of Transportation regarding the process to create a benefit assessment to fund these projects into the future. This process has been supported by the Board of Supervisors all along. The people living in the Brooktrails, Sylvandale, Spring Creek, and the Gates will be asked to vote on a special assessment to maintain these emergency access routes. You will receive a ballot in early June and will have until mid July to vote. For more information, please come to the Brooktrails Township CSD meeting on May 28th. The goal is to pursue this path as well as look at other options to provide safe and secure access routes to the people of the Sherwood Road corridor.

SPECIAL BENEFIT ASSESSMENT DETAILS

The proposed Special Benefit Assessment provides funding for immediate road repairs and ongoing maintenance needed for two emergency access routes, Firco Rd and Willits Creek Trail Rd, along the Sherwood Rd corridor. The repairs include enhanced drainage, installation, repair, and maintenance of culverts, roadside fuel clearing, and installation of new gates and turnouts in compliance with California Code of Regulations, Division 1.5, Chapter 7 Subchapter 2, Articles 1-5 State Minimum Fire Safe Standards. The assessment also covers costs for ongoing routine maintenance such as vegetation firebreak maintenance, road surfacing and drainage conduit function for the emergency access routes.

At the May 21st Board of Supervisors meeting, the Board approved a resolution to adopt a special benefit assessment within the District pursuant to Government Code section 54715, which will adopt the Engineer’s Report, approve a Notice of Public Hearing, Ballot Procedure, & Sample Ballot, and will approve holding a public hearing at the July 23, 2024 Board of Supervisors meeting.  

All property owners affected by the special benefit assessment will receive an official voting ballot by mail.  Property owners will vote on whether or not to adopt the special benefit assessment.  All ballots must be received by the County on or before the July 23rd public hearing to be counted in the vote. Ballots can be returned by mail via the envelope included or dropped in the secured ballot box at the Brooktrails Township CSD Office 24860 Birch Street, Willits CA 95490, M-F 8am-5pm. Detailed voting instructions will be included with the ballot.

If approved by voters, the earliest that the special assessment will appear in the tax roll is for fiscal year 2024-25. The proposed benefit assessment term is set at 20 years. The rate of the special benefit assessment is proposed at $30.33 per developed parcel and $1.39 per undeveloped parcel annually.

At the September 26, 2023 meeting, where the Board directed staff to abandon the CSA3 path and go forward with a special assessment. Below is the archive of board meetings related to the CSA 3 project (THIS PROJECT IS NO LONGER ACTIVE AND HAS BEEN REPLACED BY THE SPECIAL BENEFIT ASSESSMENT):

Board of Supervisors Meetings Video and Telecomment Information

• Board of Supervisor Meeting Video

• Telecomment Form Link

March 1, 2022, Board of Supervisors Meeting CSA #3 Item

• See Agenda Summary for more information.

• See Sherwood Communities Improved & Unimproved Lots Boundary Benefit Zone Map for more information.

August 3, 2021, Board of Supervisors Meeting CSA #3 Item

• See Agenda Summary for more information.

• See NRCM Benefit Zone Map for more information.

• See Sherwood Communities Improved & Unimproved Lots Boundary Benefit Zone Map for more information.

• See Mendocino Local Agency Formation Commission Letter for more information.

January 25, 2021, Board of Supervisors Meeting CSA #3 Item

• See January 25, 2021 Zone of Benefit Power Point Presentation for more information.

• See January 25, 2021 Meeting Minutes for more information.