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File #: 24-0752    Version: 1 Name:
Type: Resolution Status: Agenda Ready
File created: 7/8/2024 In control: Executive Office
On agenda: 7/23/2024 Final action:
Title: Noticed Public Hearing - Discussion and Possible Action Including Adoption of a Resolution to Confirm the Proceedings and Assessments for the New Special Benefit Assessment for the Operation and Maintenance of the "Willits Creek and Firco Emergency Access Routes", Ordering the Operation and Maintenance of Improvements and Designating Various County Officers to Provide Notice of and to Collect, Receive, and Deposit Assessments to a Special Fund; Submission of Ballots in Favor of Special Benefit Assessment for County Owned Parcels; and Announcement of Ballot Tabulation Results (Sponsors: Supervisor Haschak and Executive Office)
Attachments: 1. Resolution 24-120, 2. Engineers Report - FINAL, 3. Staff Memo, 4. Resolution, 5. Proof of Publication

To:  BOARD OF SUPERVISORS

From:  Supervisor Haschak and Executive Office

Meeting Date:  July 23, 2024

 

Department Contact:  

Supervisor Haschak

Phone: 

707-463-4221

Department Contact:  

Xuyen Mallela

Phone: 

707-463-4441

 

Item Type:   Noticed Public Hearing

 

Time Allocated for Item: 30 Minutes

 

 

Agenda Title:

title

Noticed Public Hearing - Discussion and Possible Action Including Adoption of a Resolution to Confirm the Proceedings and Assessments for the New Special Benefit Assessment for the Operation and Maintenance of the “Willits Creek and Firco Emergency Access Routes”, Ordering the Operation and Maintenance of Improvements and Designating Various County Officers to Provide Notice of and to Collect, Receive, and Deposit Assessments to a Special Fund; Submission of Ballots in Favor of Special Benefit Assessment for County Owned Parcels; and Announcement of Ballot Tabulation Results

(Sponsors: Supervisor Haschak and Executive Office)

End

 

Recommended Action/Motion:

recommendation

Submit Ballots in favor of Special Benefit Assessment for County Owned Parcels; Announce ballot tabulation results; If supported by ballot tabulation, adopt Resolution to confirm the proceedings and Assessments for the New Special Benefit Assessment for the Operation and Maintenance of the “Willits Creek and Firco Emergency Access Routes”, ordering the operation and maintenance of improvements and designating various County Officers to provide notice of and to collect, receive, and deposit Assessments to a Special Fund and authorize Chair to sign same; If not Supported By Ballot Tabulation, do not adopt Resolution.

End

 

Previous Board/Board Committee Actions:

On January 25, 2021, the Board received a presentation on a plan to implement the County Service Area 3 (CSA3) Benefit Zone Pilot Program for the Sherwood Road.

 

On August 3, 2021, the Board directed staff to continue working on necessary steps to implement the CSA 3 Benefit Zone Pilot Program for the Sherwood Road area.

 

On March 1, 2022, the Board directed County staff to continue work on necessary steps to implement the CSA 3 Sherwood Firewise Communities Zone of Benefit Pilot Program and directed staff to look at using the most appropriate CPI.

 

On September 26, 2023, the Board directed staff to continue the pilot project without CSA3 and go forward with a special assessment.

 

On May 21, 2024, the Board passed a resolution of its intention to establish a new special benefit assessment for the operation and maintenance of "Willits Creek and Firco Emergency Access Routes" located in portions of Brooktrails, Spring Creek, Sylvandale, and Gates Subdivisions.                     

 

Summary of Request

The purpose of the Sherwood Firewise Communities Zone of Benefit Pilot Program is to provide a source of funding for the Willits Creek and Firco Emergency Access Routes (“EARs”). Since the inception of the Pilot Program, there has been an effort to utilize CSA3 and the Zone of Benefit (“ZOB”) to levy a special benefit assessment. However, using such tools has caused roadblocks that have delayed the Pilot Program. As a result, the county counsel’s office researched and presented the option of levying the special benefit assessment without the establishment of a ZOB to the Board at the September 26, 2023, regular meeting. The Board then directed staff to abandon the CSA3 path and go forward with a special benefit assessment. 

 

On May 21, 2024, the Board adopted a resolution of its intention to establish a new special benefit assessment for the operation and maintenance of "Willits Creek and Firco Emergency Access Routes" located in portions of Brooktrails, Spring Creek, Sylvandale, and Gates Subdivisions and the supporting Engineer’s Report.  Pursuant to that resolution, a public hearing was set for July 23, 2024, to allow for the property owners subject to the special benefit assessment to express their support or protest of the assessment.  After the public hearing is concluded, the votes submitted by the property owners subject to the special benefit assessment will be tabulated. 

 

If approved by the property owners subject to the special benefit assessment, the earliest that the special benefit assessment will appear in the tax roll is for fiscal year 2024-25. The proposed special 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. The proposed assessment is set to recover immediate road repairs needed for drainage and to install, repair, and maintain culverts, perform roadside fuel clearing, and install 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 and includes costs for ongoing routine maintenance such as vegetation firebreak maintenance and road surfacing and drainage conduit function.

 

Alternative Action/Motion:

Return to staff for alternative handling                     

 

Strategic Plan Priority Designation: A Prepared and Resilient County

 

Supervisorial District:  District 3

                                          

Vote Requirement:  Majority

                                          

 

 

Supplemental Information Available Online At: <https://www.mendocinocounty.gov/business/economic-development/special-benefit-assessment>

 

Fiscal Details:

source of funding: If approved by voters within the benefit district, the special assessment will bring in approximately $63,039 annually to fund regular operation and maintenance of designated road surfaces, drainage, flood control, and vegetation on the FirCo Haul Road and the Willits Creek Trail routes

current f/y cost: $50,000

budget clarification: The Board previously allocated $50,000 into the CSA3 fund as seed funding for the pilot program. This funding is currently used to fund the engineer to provide the engineer’s report and admin costs, such as stamps, for the pilot program.

annual recurring cost: N/A

budgeted in current f/y (if no, please describe): N/A

revenue agreement: N/A

AGREEMENT/RESOLUTION/ORDINANCE APPROVED BY COUNTY COUNSEL: Yes

CEO Liaison: Darcie Antle, CEO                                                               

CEO Review: Yes                                            

CEO Comments:

 

FOR COB USE ONLY

Executed By: Atlas Pearson, Senior Deputy Clerk

Final Status: Adopted

Date: July 23, 2024

Executed Item Type: Resolution

 

Number: 24-120