In light of news that the St. Helena City Council might rescind a property agreement with Dennis Hunter that drew criticism recently, the planning commission agreed Tuesday to take no action on the lot line adjustment involved in the land swap.

In taking the non-action, which was different from an abstention, commissioners cited lingering questions about the project’s impact on Fulton Lane.

They also pointed out that they haven’t been able to weigh in on the land use aspects of the Hunter deal until the council had already approved it.

The land deal involves properties owned by Hunter and the city. It would leave the city with the land it needs to build a levee for the flood project, and Hunter with $899,500 in cash and 17 acres of developable land behind the new levee.

During their last two meetings commissioners have been critical of the process the city council used to approve the deal. Members of the public have used the meetings to air concerns about the land swap and the flood project in general.

Some have said the 50-foot strip of land that would connect the end of Adams Street to city-owned property next to the Napa River is too narrow for the slate of uses that have been suggested for it, including levee maintenance, river access and the extension of Adams.

Last week City Manager Bert Johansson told the commission that the negotiation process used to reach the deal was preferable to eminent domain because juries tend to approve terms that favor private landowners. But many others have pointed out that the terms of the deal already seem to be highly favorable to Hunter.

Another issue that concerned commissioners has been raised by residents of Fulton Lane who say the project has resulted in their previously unflooded homes being mapped into the flood plain.

Clearly the project is creating an environmental impact on property that was never impacted before, said Commissioner Peter McCrea. Therefore the process the city used to declare the project environmentally sound was flawed, he said.8