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Report slams anti-growth measure
Wednesday, February 06, 2008
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“You’ll regret it. Maybe not today. Maybe not tomorrow. But soon and for the rest of your life.”

Napa County’s 90-page analysis of the Responsible Growth Initiative could be summarized with Humphrey Bogart’s famous cinematic lines.
The so-called 9111 report has nothing positive to say about the initiative, tentatively slated for the June ballot, that would set in stone the county’s 1 percent growth ordinance, taking power from the Board of Supervisors and placing in jeopardy the proposal for 3,200 townhomes at the former Napa Pipe site.

The report says the initiative would likely be found to be unenforceable if challenged in court, opining that the measure would violate state housing law and the terms of an existing legal settlement regarding the county’s housing policies. The report also said the proponents of the measure failed to circulate the “full text of the plans and ordinances that the initiative purports to amend.”
As for impact on the ground, the 9111 report says the Responsible Growth Initiative would have little short-term effect — except in a few locations, where would-be residential developers would be encouraged to get their properties annexed into cities. But of the long term, the report paints a darker picture.

If the initiative were to take effect, the report states:
• The county would be hamstrung from making changes to the growth rate, perhaps falling out of compliance with state housing requirements and exposing the county to lawsuits.

• It could create a climate in which even Measure J could go back to the courts, the report said. Shortly after Measure J passed in 1990, giving county voters the right to decide whether any land designated for agricultural use could be rezoned for other purposes, it faced a legal challenge that it finally beat in 1995.

• The county would have to enter into housing agreements with the cities to meet future housing demands from the state, increasing the likelihood of cities annexing county land.

• It could “hinder” the building or preservation of affordable housing by hindering developments of so-called mixed-income, multi-family housing.

“If the initiative is placed on the ballot and passes, it could subject the county to various penalties of state affordable housing laws,” the report said, specifying court-ordered injunctions barring the county from distributing building permits, approving subdivision maps, zone changes, use permits and other planning actions.

A ‘scare tactic’

Reacting to the report, proponents of the initiative said the county had an agenda of undermining the measure when it hired the consultants to perform the study. Vic Ajlouny, a political strategist hired by the proponents of the measure, said the 9111 report amounts to a biased county campaign to sink the initiative.

“They are spending taxpayer dollars for a fair and balanced report and yet the report never addresses the positive impact on maintaining agricultural land, saving water resources or taxpayer money.” The report, he said, is “focused strictly on the negative. It’s inappropriate to spend taxpayer dollars on a report such as this and the company that did it ought to be ashamed of themselves.”

Ajlouny said restrictions on “unregulated” growth would keep traffic-choked roads from getting worse, water supply issues from becoming more dire, schools from becoming overcrowded and pollution from increasing.

In a written response, the Napa Coalition for Responsible Growth said the 9111 report “employs a scare tactic, claiming that the initiative will result in the annexation of (agricultural) land.”

Proponents said since Measure A’s adoption in 1980, very little of the county’s agricultural land has been transformed into housing.

And what about cities taking in the county’s state-mandated housing through joint planning agreements?

“What the initiative will do is to promote changes to state law being proposed by (Assemblywoman) Noreen Evans so far rejected by the cities and facilitate the dialogue between the cities and the county to develop a regional plan for growth,” the supporters stated. “The 9111 report promotes business as usual.”

The Napa County Board of Supervisors is expected to take up the Responsible Growth Initiative today. The board can decide to place the initiative on the ballot, enact it directly as a county ordinance or — if the supervisors determine that in their view the proponents violated state election code in gathering signatures or drafting the proposal — reject it.
10 comment(s)

informed wrote on Feb 5, 2008 6:57 AM:

" Who are the proponents of this measure? Why don't the crawl out from hiding and stand proudly as it's author?
My guess is that this group/individual will reap finical gain from it's passing. The Supervisor's should reject it outright. It stinks like dirty politics. "

jeff_46 wrote on Feb 5, 2008 8:13 AM:

" No wonder the backers of this measure are staying in the shadows, speaking through an out of town spin doctor! They are trying to trick the voters into forcing growth onto the ag lands, hillsides, and open spaces around our existing cities. Their only response? Attack the messenger. "

lwright wrote on Feb 5, 2008 9:04 AM:

" So these unknown backers succeed in putting an ill-conceived measure on the ballot that we, the taxpayers, will have to pay to defend -- since we'll have to foot the legal bills for the inevitable legal challenges. Meanwhile I'm guessing that the secret backers will reap hundreds of millions of dollars on their annexable land, and our cities (read: Napa and American Canyon) will get even more over-developed and crowded.

Do you supporters of this initiative understand this? This initiative WILL NOT STOP CITIES FROM ANNEXING AND DEVELOPING COUNTY LAND. In fact, as the 9111 report notes, it will surely increase such annexations.

I certainly hope and pray that the voters of Napa County are not this gullible. Yes, we should control growth but THIS IS NOT THE WAY. Again, if the motives of these people (the unknown backers) are really so noble, and if their objectives are really to the benefit of all Napans, then WHY ARE THEY HIDING IN THE SHADOWS? Why do they need all of these hired guns?

And give me a break about the "this is business as usual". This measure makes fundamental and far-reaching changes in the County's housing element. That's why WE will get sued if this thing passes. The backers won't have to defend this thing; we, the taxpayers, will. People are complaining about the Measure L impact on their taxes? Get ready to pay millions of dollars in legal bills to defend this initiative if it passes.

And tell me why we should believe anything that this out-of-state hired gun Aljouny says? Hello. Remember the old adage: "Beware of (out-of-town) Greeks bearing gifts." It's probably a Trojan horse. "

Concerned Citizen wrote on Feb 5, 2008 10:43 AM:

" 1) • The county would be hamstrung from making changes to the growth rate, perhaps falling out of compliance with state housing requirements and exposing the county to lawsuits." GOOD!!! It's time we stand up to ABAG and send their mandates PACKING!

2)"...increasing the likelihood of cities annexing county land." THIS IS ALREADY HAPPENING, FOLKS!

3)"It could “hinder” the building or preservation of affordable housing by hindering developments of so-called mixed-income, multi-family housing." GREAT!! Napa needs NO MORE low rent, trouble prone high density housing complexes. We have enough!

4) "it could subject the county to various penalties of state affordable housing laws,” READ "COULD" Another fabulous opportunity for SOMEONE IN NAPA, COUNTY/CITY to stand up to the ridiculous demands/mandates of ABAG!!

Scare tactics, for sure. If this measure acts in ANY way to stop growth; then I'm for it. The 9111 report is, indeed, biased and one sided. What are the obvious results true "business as usual" (as has been the case for the last TWO decades!?)...more of the same we've been witnessing...massive developments or plans for them, ludicrous plans for more hotels while 3 are in the process of being built, proposals for annexation, zone changes, etc. for lands in the county NOW...the very things this lieing piece of tripe accuses the iniative of doing. What a bunch of BS, folks. Don't believe it. PS...we ALREADY HAVE LAWSUITS ongoing AT ALL/ANY time against existing land use measures...this is nothing new. WE must STAND UP against the developers, their lobbyists and back door dealers.


"

Paddy wrote on Feb 5, 2008 12:15 PM:

" If we allow unimpeded development of Ghisletta and Napa Pipe to go forward we will regret it; today, tomorrow and for the rest of our lives. Now is the time to change the archaic CA laws dictating what's to be developed in our communities. If you follow articles of the human menagerie that is now Southern California be prepared to tell your children and grandchildren you had a chance to change that here but didn't. It's time Napa stands up to the State of CA, to the developers and lobbyists and insist that ag is ag and we want to determine our own destiny. Communities throughout CA will applaud us and the groundswell will grow quickly. "

Sickothis wrote on Feb 5, 2008 1:15 PM:

" If ag is ag then yank Billy's deli out of his pumpkin patch. "

napablogger wrote on Feb 5, 2008 1:48 PM:

" Concerned citizen, it is not ABAG. ABAG is actually more or less on our side. The problem is state housing laws, and the state will enforce them and they have the tools to force compliance. The 9111 report correctly identifies that issue. The report also states that if this measure passes it could well invalidate our affordable law suit housing settlement. They are not blowing smoke with that, it is a legitimate possibility. I am gradually coming around to think this is a bad initiative and that we can control growth without, too many negatives. "

lwright wrote on Feb 5, 2008 2:12 PM:

" Paddy, with all due respect, this measure will actually help ensure that Ghisletta and similar parcels adjacent to the cities get developed to maximum density. I'm with you 100% on limiting growth, but this ill-conceived initiative is not the way to do it. The people who will really benefit from this measure are those – like Ghisletta – who own land that the cities can annex and/or develop.

And Concerned Citizen, with all due respect to you as well, this initiative has nothing whatsoever to do with "standing up to ABAG". And if we fail to comply with the State requirements, we don't "send their mandates packing". That may sound all romantically zealous, but it’s not what will happen. To the contrary of promoting our freedom, we will actually lose it. The State will come in and tell us where and what we have to build. Is that what you want?

Have any of you initiative advocates actually read the 9111 Report? I suspect not, or your comments would be better informed. And if you haven’t read it and yet are screaming about how biased it is – well, how is that contributing to a reasoned community discussion? Aren’t you employing the same “scare tactics” that you’re accusing others of?

By law the 9111 Report has to be unbiased and objective. That’s the whole point. Every “concerned citizen” should read the report – and learn what this “irresponsible” initiative will really cost us over the long term.
"

Concerned Citizen wrote on Feb 5, 2008 2:29 PM:

" lwright, you are correct in that I have not read the entire text of the 9111 report. I should have before writing. My earlier post was in response to the Register article as written. "

lwright wrote on Feb 5, 2008 7:09 PM:

" Concerned Citizen -- your honest response is refreshing and much appreciated. Thank you! It’s obvious that you care deeply about these issues. I think many (although not all!) of us want to preserve Napa's rural charm and beauty. The question is how best to get there. I’m convinced that this initiative will hurt rather than help us. It's like an iceberg -- seems pretty and white on the surface, but it's what we don't see that will sink our boat.

And by the way, doesn't it bother you that no one knows who paid the big bucks to get this measure on the ballot? If everything is so above board and noble, why won't this group open its books? What if the financial backers include one or more developers who own annexable land that would significantly increase in value if this measure passes? Would you still support it?
"

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