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^ FARM BUREAU
August 28, 2023
Mr. Steve Potter
City Manager
Napa City Hall
955 School Street
Napa, CA 94559
Dear Mr. Potter:
Napa County Farm Bureau ("NCFB") objects to a public statement issued by Napa Mayor Scott Sedgley and Napa Councilmembers Liz Alessio and Mary Luros to the Napa County Board of Supervisors on August 7, 2023.
In that statement, the three councilmembers stated a position opposing the Le Colline vineyard project appeal and made inaccurate statements about farming practices in Napa Valley. Not only was that statement publicly issued to the Napa County Board of Supervisors, but the Napa Valley Register reported on it, identifying the councilmembers in their official capacities. A copy of the statement and of the news story is enclosed for your review.
This letter is to call your attention and the attention of the Napa City Council to what NCFB believes was a substantial violation of a central provision of the Ralph M. Brown Act.
The issuance of this public statement, which contains no disclaimer whatsoever, has led the public and press to identify the action resulting in this statement as having been taken by the three in their official capacities as councilmembers. In so doing and because a majority of the council's members made a collective decision, it was an "action taken" by them as defined in Government Code section 54952.6.
The action violated the Brown Act—specifically, Government Code section 54954.2, subdivision (a)—because it was taken on a matter that was not properly described in a Napa City Council agenda for an open meeting, and no exception specified in Government Code section 54954.2, subdivision (b), applied to their decision.
As you know, the Brown Act creates obligations for having a specific agenda for notifying the public with a "brief general description" of each item to be discussed or acted on [Govt. Code, § 54954.2, subd. (a)(l)], and it also creates a legal remedy for an action taken illegally—namely, its judicial invalidation [Govt. Code, § 54960.1, subdivision (a)]. 811 Jefferson St, Napa, CA 94559 | 707.224.5403 | [email protected] | napafarmbureau.org ^ 100% post consumer
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EXHIBIT B
R2023-__
Mr. Steve Potter
August 28,2023
Before commencing an action to invalidate the illegal action and as required by Government Code section 54960.1, subdivision (b), NCFB demands that the Napa City Council cure or correct the illegal action taken by doing the following:
1. Issuing a written retraction of the August 7, 2023, statement;
2. Sending the retraction with a request for its publication to the Napa Valley Register, which reported on the statement to the community; and
3. Sending the retraction to the Napa County Board of Supervisors.
As provided by Government Code section 54960.1, subdivision (c)(2), the Napa City Council has 30 days from its receipt of this demand to either cure or correct the challenged action or inform NCFB of its decision not to do so.
Thank you for your attention to this matter.
Sincerely,
/
Peter Nissen
President
Napa County Fann Bureau
CC: Allison Haley
Napa County District Attorney
EXHIBIT B
8/28/23, 4:34 PMWhat does the Le Colline veto mean for Napa vineyard plans? https://napavalleyregister.com/news/local/le-colline-napa-county-vineyards-land-use-wine/article_9d922cb0- 3d4d-11 ee-a6db-23c39a36f3d0.html
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After rejection ofLe Colline, what does the future hold for Napa County vineyard plans?
Barry Eberling
Aug 21, 2023
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Napa County will need money to enact its new state-mandated plan to protect groundwater beneath the Napa Valley floor.
bonandbon, Dreamstime.com
https://napavalleyregister.com/news/local/le-colline-napa-county-vineyards-land-use-wine/article_9d922cb0-3d4d-11ee-a6db-23c39a36f3d0.html1/12
EXHIBIT B
8/28/23, 4:34 PM
Barry Eberling
What does the Le CoNine veto mean for Napa vineyard plans? ome people view Napa County's recent rejection of the proposed Le Colline vineyard in the Napa Valley watershed as a breath of fresh air. Others see it as an ill wind.
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Download Napa Valley Register news app today!
Le Colline was the first controversial land use decision facing the new-look Board of Supervisors that took office at the beginning of the year. On Tuesday, the board, by a 3-2 margin, sided with environmentalists who objected to clearing forest and shrubland for a 20.6-acre vineyard.
Mike Hackett of Save Napa Valley has over the years often been disappointed with county land use decisions. This time, he liked the outcome and sees good things to come.
"I think a majority of the board finally understands we are in a climate crisis," said Hackett. "We can no longer be removing forests in inappropriate locations for vineyards."
The Napa County Farm Bureau also sees something new going on, but to its dismay.
It described the situation as the triumph of emotional appeals over scientific evidence.
People are also reading...
https://napavatleyregister.com/news/local/le-colline-napa-county-vineyards-land-use-wine/article_9d922cb0-3d4d-11ee-a6db-23c39a36f3d0.html2/12
EXHIBIT B
8/28/23, 4:34 PM What does the Le Colline veto mean for Napa vineyard plans? 1 Napa Land Trust secures grant to pay off Wait Ranch debt 2 Watson Ranch community being born in American Canyon
3 Project to raise Highway 37 in Bay Area to receive $155 million in federal funding
4 Shadowy group that owns 52,000 Solano County acres may be planning to build a new city
"This week's board decision is definitely precedent-setting and vigorously threatens the future of agriculture in Napa County," said Ryan Klobas, CEO of the Farm Bureau.
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Napa County rules against Le Colline vineyard
One thing is apparent: Le Colline has become a cause celebre. https://napava][eyregister.com/news/local/le-colline-napa-county-vineyards-land-use-wine/article_9d922cb0-3d4d-11ee-a6db-23c39a36f3d0.html 3/12
EXHIBIT B
8/28/23, 4:34 PMWhat does the Le Colline veto mean for Napa vineyard plans? Le Colline a long time coming
Dave and Kathleen DiCesaris proposed Le Colline nearly a decade ago. After hundreds of pages of environmental reports, county Planning, Building and Environmental Services approved a scaled-down version of the project this year.
Le Colline would be a 20.6-acre vineyard on a 90-acre property in the mountains northeast of St. Helena, with a total disturbed area of about 28 acres. Although some forest lands would be removed, environmental reports concluded any potential ill effects could be mitigated.
But Le Colline proved to be complicated.
The land brushes against Conn Creek, which empties into the city ofNapa's Lake Hennessey reservoir. It abuts the Linda Falls nature preserve owned by the Land Trust ofNapa County.
The Center for Biological Diversity appealed the approval to the Board of Supendsors.
That set the stage for Tuesday's marathon meeting, which lasted about four hours.
Le Colline and city of Napa drinking water
Many issues arose at the hearing. One mentioned several times was how Le Colline might affect the city ofNapa's drinking water.
The city owns Lake Hennessey reservoir, its main local water source, in the mountains east of Rutherford. The reservoir is about 5 miles from Le Colline. Linking them is Conn Creek.
A Le Colline vineyard would increase sedimentation and runoffinto Conn Creek, claimed Center for Biological Diversity attorney Frances Tinney. More nutrient pollution from agriculture could eventually cause Lake Hennessey to reach a tipping point.
A possible result could be algae blooms that could cause serious health effects and be expensive to remove, Tinney wrote.
https://napavalleyregister.com/news/local/le-colline-napa-county-vineyards-]and-use-wine/article_9d922cb0-3d4d-11ee-a6db-23c39a36f3d0.html4/12
EXHIBIT B
8/28/23, 4:34 PM What does the Le Colline veto mean for Napa vineyard plans? Napa IVIayor Scott Sedgley and City Councilmembers Mary Luros and Liz Alessio wrote a letter to the county opposing Le Colline. They warned of a possibly "devastating" effect on the watershed's ability to provide clean drinking water and support wildlife.
"When fertilizers, pesticides, and manure are washed off of fields, they can contaminate our watersheds and lead to algae blooms, fish kills, and other problems, they wrote.
Attorney Thomas Adams on behalf of Le Colline responded to the issue during the meeting. Water quality protections for the proposed vineyard go "way beyond any scientific standard," he said.
Erosion control work for Le Colline would reduce sediment runofffrom the property by more than 60%. Setbacks from Conn Creek go beyond county and state standards, Adams said.
Both Adams and county Supervisor Alfredo Pedroza referred to a Napa County program with the city ofNapa dating back to 2017. The county and city agreed to do water sampling in the watershed to make sure pesticides, fertilizers and other contaminants from rural vineyards and homes aren t washing into city reservoirs.
That program is "for moments like this," said Pedroza, a former Napa City Council member.
To date, the monitoring program has found no pollution problems, according to Brian Bordona, the county Planning, Building and Environmental Services director.
The baseline allows for corrections if there are post-project detections, he added.
Nonetheless, a board majority had concerns. Supervisor Anne Cottrell said climate change can lead to large storms sending more water down watersheds and slopes. "This project location just presents too many challenges and offers too much valuable headwaters, habitat and municipal water supply for me to be supportive, she said. https://napaval]eyregister.com/news/local/le-colline-napa-county-vineyards-land-use-wine/article_9d922cb0-3d4d-11ee-a6db-23c39a36f3d0.html5/12
EXHIBIT B
8/28/23, 4:34 PM What does the Le Colline veto mean for Napa vineyard plans? Supep/isor Joelle Gallagher said that, should erosion control programs fail, the consequences for Conn Creek and Lake Hennessey would be "catastrophic." A new day for county policies?
The Board of Supervisors voted 3-2 to show its intent to uphold the Center for Biological Diversity appeal and reject the proposed Le Colline vineyard. A final vote is to come Nov. 7, after county staff prepares the official list of reasons or findings.
Supervisors Cottrell, Gallagher and Bella Ramos voted to uphold the appeal.
Supendsors Ryan Gregory and Pedroza dissented. Gallagher and Cottrell joined the board in January.
The new-look board will soon begin updating the county general plan. Whether it will change how the county balances agriculture and the environment — and if so, whether subtly or seismically — remains to be seen.
Klobas and the Farm Bureau are expressing concern in the wake of the Le Colline ruling. It is imperative that the board make decisions based on factual evidence and not emotional logic that can't be substantiated, Klobas said in an email. "The board's ill-informed decision has contributed to a pervasive problem in Napa County where fully compliant projects that have followed all the rules and spent a significant amount of money to fully ensure compliance are now politically weaponized to serve personal agendas," he said.
The Farm Bureau is extremely concerned about the upcoming general plan update, according to Klobas.
"Given that some supervisors on this board now clearly view ag differently, it seriously calls into question if some supervisors believe agriculture is still the best and highest use of the land and if they see the unintended consequences of their policy position," he said.
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EXHIBIT B
8/28/23, 4:34 PM What does the Le Colline veto mean for Napa vineyard plans? The Center for Biological Diversity has been on the losing end of several board decisions. But it won with its Le Colline appeal.
Le Colline had legal deficiencies in the environmental impact report specific to that project on that site, according to Tinney, the lawyer for the center. Those weaknesses are also emblematic of unwise development that has chipped away at woodland, chaparral and riparian habitat in rural, mountainous Napa County, she said. "I think this decision shows that more ofNapa's elected officials are taking environmental protection seriously," said Tinney. "Our hope is that this shift continues and is reflected in the upcoming general plan update." With three supervisor seats on the ballot in 2024, such issues could move to the forefront. Klobas expects that to be the case.
"Most definitely," Klobas said. "Agriculture is the most important driving force in Napa County, and the public has a right to know about elected officials and candidates who put agriculture in serious jeopardy and threaten the future of our communities and economy."
Hackett didn't express worry. Farm Bureau-backed supervisor candidates lost in 2022 and the same thing will happen again, and the Farm Bureau is making itself irrelevant instead of stronger, he said.
"There's no question in my mind that we're finally moving toward a balanced approach, where the environment is also considered along with vineyards and expansion and with regard to deforestation," said Hackett.
One thing all parties agreed on — things seem a little different in the wake of the Le Colline ruling, for good or for bad.
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EXHIBIT B
8/28/23, 4:34 PMWhat does the Le Colline veto mean for Napa vineyard plans? ^ %AaiC&t ,d«.
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Sheep grazed the Napa Valley College vineyard on Wednesday. Using sheep to graze vineyards can lower the carbon footprint, reduce herbicide use and improve soil health.
Nick Otto, Register video
Photos: Napa Valley Faces and Places, August 12, 2023
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Napa Sunrise Rotary celebrated its 35th anniversary at the Rotary meeting on Thursday, July 27. In the photo from left to right are founding members Jim Nord, Trent Cave, Tom Feutz, Linda Glass, Bill Jabin and Ray Sercu (seated). With them in the picture second from right is current president, Patricia Lawrence. https://napavalleyregister.com/news/local/le-colline-napa-county-vineyards-land-use-wine/article_9d922cb0-3d4d-11ee-a6db-23c39a36f3d0.html8/12
EXHIBIT B
Aug. 7,2023
Napa County Board of Supervisors
1195 3rd Street
Napa, CA 94559
Re: Le Colline Project Appeal
Thank you for your ongoing collaboration regarding collecting water quality informadon throughout our Lake Hennessy watershed. We very much appreciate working with you towards a better future for all of our residents, and we think we can agree that water (in terms of both quantity and quality) plays a big role in our continued success as a commumty.
We are writing today to express our opposidon to the proposed Le Colline project. We have a deep concern for the health and sustamability of our watershed, and we believe that this development could have a negative impact on the watershed and surrounding areas. As you re already aware, the majority of the City ofNapa's water is taken from Lake Hennessey.
The significance of agriculture in our commimity cannot be overstated. However, when deciding where agricultural development should occur, the importance of this industry in Napa must be weighed agamst the very real fact that agricultural nmofiF can be a major source of water pollution.
When fertilizers, pesticides, and manure are washed oflf of fields, they can contaminate our watersheds and lead to algae blooms, fish kills, and other problems.
In addition to being a vital source of drinking water for tens of thousands of people throughout Napa County, Lake Hennessey is also home to a variety of sensitive wildlife species.
Development in this area would have a devastating impact on the watershed's ability to provide clean drinking water and support wildlife.
Increased development in our watershed areas is unjustifiable—the health and sustainabUity of our watershed is too important to risk. For all of the reasons stated, please carefully consider the environmental impacts of agricultural development in our watershed areas. We believe that we can, as a community, plan agricultural development in a way that minimizes the impact on natural resources and wUdlife—but this project simply cannot mitigate the negadve impacts on our watershed.
Thank you for your time and consideration.
Sincerely,
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Mary A. Luros ^ V yrott Sedgl^ Liz Alessio
EXHIBIT B