Report slams anti-growth measure
By DAVID RYAN, Register Staff Writer
“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.
All comments will be screened and may take several hours to be posted.
• Keep comments clear, concise and focused on the topic in the story.
• Comments exceeding 300 words will not be posted.
• Refrain from personal attacks, degrading comments or remarks that do not add to a constructive dialogue.
• Comments implying suspects in crime-related stories are guilty before they have been proven so in a court of law will be deleted.
• Do not post e-mail addresses or links except for pages on Napavalleyregister.com or government Web sites.
• Comments will not be edited - they will be approved or declined.
• Comments may be used in the print edition of the newspaper.
• If you feel a posted comment has violated our guidelines, please contact dross@napanews.com or bkennedy@napanews.com
For further information on the comment guidelines,
click here.
informed wrote on Feb 5, 2008 6:57 AM:
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:
lwright wrote on Feb 5, 2008 9:04 AM:
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:
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:
Sickothis wrote on Feb 5, 2008 1:15 PM:
napablogger wrote on Feb 5, 2008 1:48 PM:
lwright wrote on Feb 5, 2008 2:12 PM:
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 wrote on Feb 5, 2008 7:09 PM:
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?
"