NVR Logo
The trouble with Measure N
Saturday, May 10, 2008
Save and Share Share
Responsible growth has long been the goal of Napa County residents. Yet Measure N on the June ballot — named the Responsible Growth Initiative — and the campaign behind it have serious flaws.

The measure seeks to give voters the power to reject developments in the unincorporated part of the county that exceed a 1 percent per year residential growth cap or that include buildings 35 feet high or taller. The measure would have no influence on projects within any city limits, and there is already a stronger law controlling the 40,000-plus rural acres in Napa County’s Agricultural Preserve.
According to the proponents, Measure N is aimed at the proposal for seven-story buildings and 3,200 townhomes at the former Napa Pipe industrial site.

Here are the flaws:
• After 40 years of vigorous citizen activism on land use, not one of Napa Valley’s battle-hardened slow-growth advocates was consulted on this measure until after it qualified for the ballot. At a recent Register editorial board meeting, Measure N campaign manager Victor Ajlouny and initiative sponsor Jim Marshall said they didn’t have time to talk to ag or environmental leaders before getting going.

And yet, now that the campaign has approached others, groups like the Napa Valley Vintners and Napa Chamber of Commerce are opposed, while the Napa County Farm Bureau and Sierra Club are neutral. (Get a Grip on Growth alone has endorsed it.)
• Ajlouny and Marshall refuse to reveal who paid for the drafting of Measure N or a private poll. Ajlouny said they cannot break their word to supporters who requested anonymity. That they would respect the anonymity of their backers more than the public whose votes they seek is misguided.

• Unlike Measure J, which has passed legal muster and gives voters the exclusive right to allow changes in the Agricultural Preserve, Measure N has no sunset clause.

• The drafters used an out-of-date version of county housing law as Measure N’s template, a sloppy piece of work even if their source was an official county Web page.

• A county analysis of Measure N asserts courts may reject the initiative because only the state, and not counties, may regulate housing policy. The report also says under Measure N, the county may run afoul of state housing mandates.

In response, the attorney for Measure N stated that courts generally give voter initiatives “the presumption of validity.” In other words, the will of the voters should be done even if a measure is flawed. Ajlouny also pointed to a case in which the U.S. Supreme Court, addressing Washington state’s law allowing primary voters to cross party lines, said one cannot seek to overturn a law based on speculative or hypothetical injury.

Yet at the same meeting, Ajlouny made a startling proposal: The voters should pass Measure N in June. Then, in November, Napa County should sponsor a measure to clean up legal or technical problems. With weeks to go before election day, the proponents of Measure N say we need two measures, one to stop irresponsible growth and another to clean up their mess. This does not sound like smart policy-making.

(This is the third of four editorials on Measure N and the Napa Pipe project. Thursday: Napans faced with a bad choice. Friday: The trouble with Napa Pipe. Sunday: The Register endorsement.)
16 comment(s)

napablogger wrote on May 10, 2008 9:44 AM:

" Good editorial, you nailed it NVR. "

nwnapan wrote on May 10, 2008 9:58 AM:

" "The voters should pass Measure N in June. Then, in November, Napa County should sponsor a measure to clean up legal or technical problems."

What an utterly unbelievable statement! What a betrayal to those who support Measure N. Ajlouny just admitted that the passage of Measure N will have no effect because it is legally and technically flawed.

A truly "responsible" organization would do their research and put forth a well-drafted, well-researched, thoroughly thought through and implementable measure. I would expect more from someone with Ajlouny's experience.

"

Lane wrote on May 10, 2008 10:53 AM:

" I concur with napablogger. NVR nailed it. What also concerns me about Measure N is that giving voters the right to decide, may no longer be the protection it once was. Influencing the electorate on behalf of developers is a now a service industry. Consultants make a specialty of going into communities to set up "local support groups" financed by funds from outside developers. This has happened in other Bay Area counties and beyond. In some cases, the massive spending simply overwhelms local slow-growth activists, who don’t have the financial backing to mount a strong counter-campaign. Measure N would effectively create new business for those who wrote the measure. Need a voter exception to the 1% limit on growth? Who better than the people who drafted Measure N in the first place? Ironically in this case, we likely have developers on both sides. The developer for Napa Pipe has not hidden his support for opposing Measure N. But the proponents of Measure N, whom many assume are local developers, are still hiding in the dark. "

TheWholeTruth wrote on May 10, 2008 2:00 PM:

" After 40 years of vigorous citizen activism, Napa Register reported that 3of5 County Supervisors sat poised and "excited" to amend growth laws and undo 30 years of slow growth legacy to approve a plan from a wealthy and politically connected Delaware Developer for 3200 houses in 7 story high-rises on unincorporated land outside of the City of Napa and American Canyon.

A project of unprecedented size and scope to be placed on the most grid locked section of highway in the county. Yet, none of the usual suspects did a thing to try to stop this train wreck from happening.

Marshall did something. He gave us a gift. His gift was in the form of a measure to give us back our votes that we lost when former Measure A was changed from a voter enacted measure to a Board enacted measure. Before this gift, Napa County residents were looking down the barrel of immediate approval of Napa Pipe as well as a ready to go annexation of Foster Road.

Marshall's act of kindness got the City Council to immediately back away from Foster Road, and Supervisors suddenly realized the negative public perception of the enormous Napa Pipe Proposal. Now, even Napa Redevelopment Partners admit their plan was flawed and too large. They say they just asked for the moon planning on scaling down depending on resistance.

Without Marshall, they were not appearing to meet much resistance, possibly because our traditional guardians had their backs turned or other held more important political agendas, which The Napa Pipe Developer could help them with.

No one, until Marshall, did anything to protect the vote of the electorate on issues of massive change in Napa County Growth Policy.

Mr. Marshall. Some appreciate your sacrifice.
"

TheWholeTruth wrote on May 10, 2008 2:15 PM:

" Lane

What an incredible fantasy and twist of reality.

I've got to live here and I've got to get out of town to work to earn enough money to live in this valley. Not even Napa Redevelopment Partners has enough money to by my vote to give up the reason I work so hard to be able to live here.

I live here because its not Sacramento, Vacaville, Fairfield or San Jose, although it would be much easier for me to both live and work in one of these communities. I want slow growth and I don't want Napa Pipe or Foster Road. I want a vote because politicians can be far more easily influenced by Money and Political connections then those they leave behind to suffer the consequences of their decisions.

Now, this new business you just dreamed up. Developers bringing in Millions to influence voters. Gosh, I beleive that would be you KNN guys who obviously believe its better to buy votes to silence voters than to buy voters to approve your massive development projects.

Why is This? Guess its people who think your way think Everyone and Everything is for sale. Hope your wrong. My vote will not be bought! "

TheWholeTruth wrote on May 10, 2008 2:38 PM:

" Editors

We love and enjoy the bias and one sided reporting efforts by a few of you, but whoever did this one outdid themselves on the bias meter.

Ok, Chamber of commerce wants 3200 more households to serve in downtown Napa, they just did'nt get it that the 10,000 new residents at Napa Pipe will go the American Canyon, Fairfield Maul, Concord Mall, and South Napa market place to shop because the roads will be too clogged to get to down town Napa. If they wanted to support downtown business they should be supporting N to move growth into the city instead of out in the rural county. Their stand doesn't make good sense for downtown business (which is dying). Vintners obviously don't understand measure J or they would not be worried about protecting Ag land, which is not currently under attack.

As to Measure J "passing legal muster", well, wasn't that by way of a lawsuit filed by opponents to J after it passed? Ok what’s wrong with letting N also go through the same sour grapes process as J had to?

And, please, don't make me gag on the "flaw" argument. Even Register editorial staff has figured out the only Flaw is the difference between "at least 10 years" and "40 Years” that homes must remain “Affordable". Just wish a Register Editor could please tell me how this flaw is fatal as 40 still clearly is "at least 10".

The other only flaw is a reversion to the former growth and housing element definition of "affordable" which actually takes away developers extra profit margin and pus the funds in the pockets of those who really need it, the buyer!

Maybe the Register just wants 3200 more potential subscribers?


"

TheWholeTruth wrote on May 10, 2008 3:02 PM:

" Why is it so startling that voters be asked to correct or modify portions of a measure enough people think should be modified?

I don't get it.

Why would a person as smart as a Napa Register editor find fault with such a suggestion? If anyone really wants to fix the measure to say affordable homes should remain affordable for "at least 40 years" instead of "at least 10", even though 40 is at least 10, what is the harm?

Is this dispute concocted to make press for the sake of press or possibly support a predetermined bias?

Most of us are actually smart enough to understand this makes no difference! I guess, though, if it’s important enough to draw all this ire in the press, its important enough to amend?

Is this the point? Or is this just an excuse to throw the baby out with the bath water? Possibly to try to sell these 3200 new households more brilliant observations to be found elsewhere in the Napa Register?

Lets be real. Anyone who has read measure N, knows it is measure A all over again. Measure A protected our County from runaway growth for 20 years before it expired and Supes tried to change it behind voters backs.

No sunset date? Good! Register editorial staff can't really believe this means N lasts forever.

Death and Taxes remain the only certainties in life. All this means is if the voters enact it, the voters must be asked to give it up. Good thing for most of us as this will prevent a group of Pro Growth Supervisors from doing away with it behind voters backs at the behest of a rich and Politically well connected Developer.
"

The Actual Truth wrote on May 10, 2008 3:45 PM:

" So I get it, WholeTruth thinks that everyone is wrong but him and the pro Ghisletta sprawl group Get a Grip.

Well, it is time that WholeTruth get's a grip that Measure N is a bad law that is not Measure A. Measure N will push growth onto our Ag and Open Space, putting sprawling subdivisions across large swaths of scenic and grazing land.

The Napa Democratic Party, Napa Valley Vintner's, Napa Chamber of Commerce, and trustworthy leasers such as Michael Honig, Joel Tranmer, Councilmember Eric Sklar, all agree a No vote on Measure N is the way to go no matter how much WholeTruth spam’s this blog. No on N!
"

TheWholeTruth wrote on May 10, 2008 4:36 PM:

" Oh, That 9111 report.

Did the writer read it? Did it bother anyone that the County also bought a report in 2000, when the Board "wanted" to unanimously vote measure A into law as a county ordinance, which said exactly the opposite, and listed pages of positive benefits?

Did it trouble anyone in the current 9111 report, done when the board wanted to do away with measure A, (N), that the consultant never even looked at the 2000 report or found one good thing about measured growth?

Did it bother anyone that the 2000 9111report contained mostly speculation without pointing to one, real, now, actual negative impact. Just a bunch of ifs and buts!

Do you think Supervisors just spent a lot of taxpayer money to simply get the opinion they wanted to support what they already wanted to do?

Maybe you editors don’t get suspicious about the right things to really get the important news to your readers.

Instead, we get to read very one sided, bias and slanted positions lacking in enough fact to really understand the point.

If N is so bad, why do all but one candidate (Coffey) for Supervisor support a Yes on measure N.

The truth is simple. Because Measure N gives Napa County voters a check and balance over elected officials, some of who simply buy the consultant they want, to get the reports they want, to justify doing what they want.

Most our new Candidates for Supervisor want to actually do what they are asking to be elected to do, represent the will of those who elected them instead of wealthy, politically well connected special interests.

Shame Register, your better than this!

"

BD4 wrote on May 10, 2008 5:39 PM:

" Whole Truth - NVR is not being biased. They did a piece yesterday about KNN. Maybe they just haven't found anything good to say about the measure!

You seem to be the only one ranting and raving on this article. All of their points are valid and a good assessment...I think you need to "get a grip." Have a nice day!


"

napablogger wrote on May 10, 2008 6:19 PM:

" Whole Truth, you have really lost it at this point. You are making things up, small things like saying south county is at gridlock--traffic is heavy but never is it at gridlock--it isn't even a grid. To larger things, like saying Napa Redevelopment Partners now admits 3200 units is too large---they have never said that. The Register never wrote that 3 of five supervisors are excited, sitting poised to amend 30 years of growth laws, that is inane.

And etc, what are you smoking?

The funny thing is there are some good arguments in favor of N, but we sure won't be hearing any of them from you. But you could at least be honest, if completely over the top. You are not helping your case. "

hellonaffy wrote on May 10, 2008 6:32 PM:

" I think it is great that the NVR has said what a lot of people have wanted to say for a long time. It has finally pointed out all the problems that Measure N could create, and already has within its measure. I am voting No on N! And there is nothing TheWholeTruth or anyone else can say that could make me change my mind about it. And i also don't believe there is anything that someone else can say to change their minds either. We may not want the same things, but i respect them for sticking with it.

Vote No on N!! Keep Napa Napa. "

lwright wrote on May 10, 2008 9:02 PM:

" Whole Truth: You have yet to address the reasons the Farm Bureau -- previously an avid supporter of Measure A and currently no fan of Napa Pipe -- made the decision to go neutral on N. You have yet to address the legal issues they raise as to why there are serious problems with N.

I'm just using them as an example because they would be a natural ally for a Meausure like N -- only they aren't. Why is that?

It's because there are serious, legitimate problems with N. Yes, it is intellectually and morally possible to be against N and not be a Napa Pipe stooge. "

starchbased wrote on May 11, 2008 9:03 AM:

" The Farm Bureau is a self serving group that is happy with the status quo. They represent generally very large corporations and may have plans of their own to build without having to explain why to the voters.
3 votes to change our lives, I trust the people more, vote yes on N. "

TheWholeTruth wrote on May 14, 2008 12:00 PM:

" napablogger

I'm proud to see that you have enough clout with the Napa Register, as one of their regular columnists to be able to attack other bloggers by accusing them of being drug users merely because they disagree with you.

These collateral attack tactics are usually employed by someone who has nothing better to offer, which you apparently don't.

You say in your blog below that the Register never wrote that 3 of 5 supervisors were excited about Napa Pipe.

I suggest you read "The trouble with Napa Pipe", it says:

"The Napa Pipe proposal got the Napa County Board of Supervisors excited, as the county is seeking ways of meeting state housing quotas"

Then you want to split hairs on your definition of "gridlock". You say south Napa traffic is not grid locked, its "Just Slow". Duh!

Good point, if by "slow" you mean it takes 45 minutes to get to Vallejo from Jamison Canyon between 2:30 and 5:30 every day and an hour fifteen to get to Concord, (Gridlock), I’m not sure I’m with ya..

No wonder you don't understand N. You don't even know the definition of stuck in impassible traffic.

Anyway, if you can't come up with anything better than personal attacks on your fellow bloggers accusing them of being criminals, I suggest pack it in and give up your nonsensical column.
"

TheWholeTruth wrote on May 14, 2008 12:09 PM:

" Iwright

I think starchbased just did that for me.

Now back to our debate. Lets try this one more time, and to make it more simple, just one concept at a time,

1) cite me to the "Flawed text" your always referring to as "numerous flaws" in Measure N so we can discuss them.

"numerous" flaws cannot be addressed until you define "numerous" for me.

If this is too hard, lets start with just one flaw so we can debate it.

Lets debate! I dare you. "

Comment Guidelines
The goal of the story comments section at NapaValleyRegister.com is to have an open, thought-provoking, civil community forum for all issues.
What gets your comment posted?
• Staying on topic
• Keeping your comment to 300 words or less
• Avoiding name-calling
• Addressing your comments to the message rather than the messenger
What gets your comment deleted?
• Personal attacks
• Derogatory remarks
• Name-calling of any sort
• Going off-topic
• Hate speech
• Racially-insensitive comments
• Implying guilt of a subject in a crime story before there is a court verdict
• Posting e-mail addresses
• Posting comments of a commercial nature
• POSTING WITH ALL CAPITAL LETTERS
• Linking multiple comments together with "to be continued..." to get around the 300 word limit.
The fine print
- Comments are either approved or denied. We do not edit comments.
- You are welcome to modify and resubmit a denied comment.
- Comments may take several hours to be posted.
- Comments posted are those of the writer, and do not necessarily reflect the opinion of NapaValleyRegister.com, its employees or its parent company.
- Do you have information on a story? Please go to our virtual newsroom to send us a news tip.
- If you feel a posted comment has violated our guidelines, please contact online@napanews.com or add a comment indicating you have an issue and our moderators will review the comment in question.
Search:
Web Search Powered
By Yahoo! Search
Napa Valley Register on Facebook
Copyright © 2009 Napa Valley Publishing, a member of Lee Enterprises, Inc.
Terms of Use | Privacy Policy