TO: Board of Supervisors
FROM: Sheryl L. Bratton, County Counsel
REPORT BY: Ryan FitzGerald, Deputy County Counsel
SUBJECT: Adoption of Minor Boundary Change Ordinance
RECOMMENDATION
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Adopt an Ordinance approving a minor boundary change between Napa and Sonoma counties proposed by Sheldon Richards. (No Fiscal Impact, Mandatory)
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BACKGROUND
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 sought to align the county line with his property line. The petition sought 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 sought 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 caused notices to be published in newspapers of general circulation in both Napa and Sonoma counties and gave notice of the hearing as required by Government Code § 23207.
A public hearing was held on November 28, 2023 to consider the proposed boundary change. Testimony supporting the boundary change was presented, and there were no oral or written protests received. At the conclusion of the hearing, the Board directed staff to return with a proposed Ordinance for the boundary change.
Because no protests were received before the conclusion of the hearing, Government Code § 23210(a) requires the Napa County Board of Supervisors and the Sonoma County Board of Supervisors to adopt substantially similar ordinances approving the proposed boundary change. Napa and Sonoma County staff collaborated on the ordinance language.
On January 9, 2024, the Board of Supervisors introduced an Ordinance changing the boundary between Napa and Sonoma counties as proposed by Sheldon Richards. The Board unanimously passed a motion of intent to adopt the proposed Ordinance. This consent calendar item requests that the Board take final action adopting the Ordinance.
Staff and County Counsel recommend adoption of the Ordinance.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
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Is it Mandatory or Discretionary? |
Mandatory |
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Consequences if not approved: |
Failure to adopt the ordinance would be at odds with Government Code § 23210 and may open the County to liability. |
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.