TO: Board of Supervisors
FROM: Ryan J. Alsop, County Executive Officer
REPORT BY: Ryan FitzGerald, Deputy County Counsel
SUBJECT: Public Hearing to Consider a Minor County Boundary Change Petition
RECOMMENDATION
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PUBLIC HEARING 9:00 AM - Richards Boundary Petition
County Executive Officer recommends that the Board of Supervisors hold a hearing on the boundary change proposed by Sheldon Richards in his capacity as Trustee of the J. Sheldon Richards Trust U/A Dated November 10, 2016, and in his individual capacity.
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EXECUTIVE SUMMARY
The Clerk of the Napa County Board of supervisors received a petition from Sheldon Richards in his capacity as Trustee of the J. Sheldon Richards Trust U/A Dated November 10, 2016, and in his individual capacity (“Petitioner”) to change the boundary between Napa and Sonoma counties.
PROCEDURAL REQUIREMENTS
1. Open Public Hearing.
2. Staff and Petitioner reports.
3. Testimony from interested persons.
4. Invitation of oral or written protests.
5a. If no/insufficient protests are filed, close Public Hearing and direct staff to return within 30 days with an ordinance approving the proposed boundary change, OR
5b. If sufficient protests are filed, continue the Public Hearing to a date within 45 days and direct staff to return with a resolution abandoning the proposed boundary change.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
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Is it currently budgeted? |
No |
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Where is it budgeted? |
N/A |
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Is it Mandatory or Discretionary? |
Mandatory |
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Is the general fund affected? |
No |
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Future fiscal impact: |
If the proposed boundary change is not abandoned, effort by County staff across several departments will be required to implement the change. |
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Consequences if not approved: |
Failure to conduct the hearing would be at odds with Government Code § 23208 and may open the County to liability. |
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County Strategic Plan pillar addressed: |
Effective and Open Government |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California
Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.
BACKGROUND AND DISCUSSION
On September 11, 2023, Sheldon Richards, both in his individual capacity and as Trustee of the J. Sheldon Richards Trust U/A Dated November 10, 2016 (“Petitioner”) filed a petition with the Clerk of the Napa County Board of Supervisors (“Clerk”) requesting a change of the boundary between Napa and Sonoma Counties. The current county line runs through the Petitioner’s property located at 4013 Spring Mt. Road, Saint Helena and Petitioner seeks to align the county line with his property line. The petition seeks to transfer approximately 1.41 acres of what is currently located in Sonoma County to Napa County and approximately 0.02 acres of what is currently Napa County to Sonoma County.
Because the petition seeks a change which would not (a) move the county line more than 5 miles from its original location, (b) reduce either county’s area by more than 5 percent, or (c) reduce either county’s population by more than 5 percent, it is considered a “Minor Boundary Change” under Government Code § 23200 et seq.
The Clerk determined that the petition satisfied the signature requirements set forth in Government Code § 23205(e). The Napa County Board of Supervisors set the time, date, and place to consider the boundary change for public hearing through Resolution 2023-128 as required by Government Code § 23206. The Clerk has caused notices to be published in newspapers of general circulation in both Napa and Sonoma counties and has given notice of the hearing to the Sonoma County Board of Supervisors, each special district and school district which includes the affected territory within its boundaries, and to the local agency formation commissions of Napa and Sonoma counties as required by Government Code § 23207.
At the hearing, the Board of Supervisors must hear testimony from interested parties and receive any oral or written protests. Any person or board of supervisors that files a written protest may withdraw it at any time before the conclusion of the hearing. The hearing may be continued to a date not to exceed 45 days from November 28, 2023.
At the conclusion of the hearing, the Napa County Board of supervisors must adopt a resolution abandoning the proposed boundary change if either: (a) more than 50 percent of the property owners who own more than 50 percent of the value of the land and improvements in the affected territory have filed and not withdrawn written protests, or (b) the board of supervisors of either Napa or Sonoma county has filed and not withdrawn a written protest. Petitioner is the only property owner who owns more than 50 percent of the value of the land and improvements in the affected territory.
Staff does not recommend that the Napa County Board of Supervisors file a written protest during the hearing. However, the Board has authority to continue the hearing to a future date and to direct staff to prepare a written protest and a resolution abandoning the proposed boundary change.
If, at the conclusion of the hearing, the proposed boundary change is not abandoned, Napa and Sonoma County staff will collaborate to prepare substantially similar ordinances approving the proposed boundary change and return to their respective boards within 30 days to present the ordinances for adoption.