TO: Board of Supervisors
FROM: Sheryl L. Bratton - County Counsel
REPORT BY: Ryan FitzGerald - Deputy County Counsel
SUBJECT: Adoption of a Resolution Setting a Hearing to Consider a Minor County Boundary Change Petition
RECOMMENDATION
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County Counsel requests the adoption of a resolution setting a time, date, and place of hearing to consider a petition to change the boundary line between Napa and Sonoma Counties.
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EXECUTIVE SUMMARY
This is a request to adopt a resolution setting 9:00 A.M. Tuesday, November 28, 2023, in the Napa County Board of Supervisors Chambers, 1195 Third Street, Third Floor, Napa, California as the time, date, and place of a hearing to consider a petition for a change of the boundary between Napa and Sonoma Counties. The petition seeks to transfer approximately 1.41 acres of what is currently Sonoma County to Napa County and approximately 0.02 acres of what is currently Napa County to Sonoma County. This resolution sets the mandatory hearing to consider a boundary change; it does not approve or deny the petition.
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: |
N/A |
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Consequences if not approved: |
Failure to set the hearing would be at odds with Government Code § 23206 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
This is a request to adopt a resolution setting the time, date, and place of hearing to consider a petition submitted to the Clerk of the Napa County Board of Supervisors (“Clerk”) by Sheldon Richards, both in his individual capacity and as Trustee of the J. Sheldon Richards Trust U/A Dated November 10, 2016 (“Petitioner”) for 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 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 may be processed as a “Minor Boundary Change” under Government Code § 23200 et seq.
The petition was filed on September 11, 2023, and, as required by Government Code § 23205(e), the Clerk determined that the Petitioner’s signature represented more than 25% of the ownership of the 1.43 acres of affected territory. Accordingly, the Napa County Board of Supervisors is required to adopt a resolution setting a time, date, and place for a hearing to consider the “Minor Boundary Change.” The date of the hearing must be 30-60 days from the adoption of the resolution.
The attached Resolution sets the hearing date for November 28, 2023, and does not constitute approval or rejection of the proposed change to the County line.