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Napa Pipe deal talks break down
City, county fail to reach deal on historic proposal
Thursday, December 11, 2008
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Negotiations between Napa and Napa County to have the city control development at Napa Pipe have broken down, leaving the county in charge of the 152-acre site’s future.

Now, the county will prepare an environmental impact report analyzing a developer’s proposal for 3,200 townhomes, 550,000 square feet of light industrial and office space, as well as a hotel, restaurants and retail.
City and county officials had been meeting behind closed doors for months, looking for a way to shift control of Napa Pipe, adjacent to the city’s southern border, to the city.

 Viewing the Napa Pipe proposal as urban sprawl, the city offered to accept 70 percent of the county’s housing requirements for the next 21 years if the former industrial site could be annexed, with planning restarting from scratch.
Until last week, it seemed that a deal could be reached, Supervisor Mark Luce said Wednesday. Indeed, the city and county had hoped to announce an agreement today, he said.

Serious legal hurdles surfaced at the last minute that made swapping Napa Pipe for future county housing needs impossible, Luce said.
“It really was an earnest effort on everyone’s part to do something that made sense for the community,” Luce said. “(The county) would have been happy to get out of the housing business.”

The city was willing to accept the county’s state housing allocations for the next 21 years, but lawyers for both sides discovered that this might be legally impossible, Luce said.

There is no legal precedent for a county and a city working out a long-range deal of this kind, officials said. Further, a study of the environmental implications likely would have been necessary.

“It became a kind of conundrum,” Supervisor Bill Dodd said Wednesday. 

Mayor Jill Techel said negotiations ran up against a June deadline for city and county to submit new housing plans to the state for approval. An environmental study of a 21-year housing swap could have taken a year and a half, she said.

County officials said they were willing to continue working on a housing transfer agreement, but in the meantime the development proposal by Napa Redevelopment Partners for Napa Pipe needs to proceed to the next step, an environmental analysis report.

“The county remains committed to addressing its state-mandated housing requirements in ways that preserve agriculture, prevent sprawl and protect the quality of life in Napa’s neighborhoods,” Nancy Watt, county chief executive officer, wrote to Parness on Wednesday.

The county expects the environmental report to take a year, with plenty of opportunity for people to comment, Watt said.

“Whatever the outcome, we expect the EIR process, public scrutiny and good planning will ultimately dictate the need for substantive changes to the developer’s initial proposal,” Watt said.

The Napa City Council called a special meeting for 6 tonight at City Hall to air concerns about Napa Pipe and discuss reports that analyze traffic, fiscal and water impacts.

“We can’t stay behind closed doors forever. We need to get the facts out there,” City Manager Mike Parness said Wednesday.

Because of the confidential negotiations with the county, city officials had “muzzled” themselves, Councilwoman Juliana Inman said. Now it’s time to speak out, she said.

Napa officials consider the Napa Pipe proposal fatally flawed, saying it would constitute a new city of 7,000 people on the edge of Napa. “The city and county don’t need 3,200 units. The developer needs 3,200 units to make a profit,” Parness said.

Keith Rogal, the Napa Pipe developer, announced earlier this week that the final plan would probably include fewer than 3,200 homes. “This plan was a starting point,” he said.

Rogal also said he was planning to reduce the industrial square footage and proposed uses to reduce traffic impacts. He is rebutting the city-county studies with his own traffic and water studies.

The developer is proposing to supply Napa Pipe with water from an underground aquifer. The preliminary city-county analysis said the project would not have negative fiscal impacts on the city or county, but that area traffic would swell with 26,000 new vehicle trips daily.

“I think these studies raise a whole lot more questions than they answer,” Assistant City Manager Dana Smith said Wednesday. The city will participate fully in the project’s environmental review, she said.

The city’s environmental concerns will be spelled out at tonight’s meeting, Parness said. Essentially, every major city thoroughfare within four miles of the project would need widening and intersection improvements to handle so much new traffic, he said.

If the city controlled the future of Napa Pipe, planning would not include Rogal’s 3,200 homes as the starting point, city officials said.

Given the year-long environmental review process that is about to begin and the depressed economy, Luce predicted that it would be years before anything was built at Napa Pipe.

The county’s draft housing plan calls for 800 units at Napa Pipe, enough to satisfy the unincorporated area’s housing allocation for the next seven years.
11 comment(s)

Cadence wrote on Dec 11, 2008 6:46 AM:

" The county says it's acting to "preserve agriculture, prevent sprawl and protect the quality of life in Napa’s neighborhoods.”
I guess 1 out of 3 is the best the county can do.
I find it odd that the county doesn't consider the idea that after it has created a gridlocked, expensive mess in the south county, the majority of county voters will reside in it. Make it bad enough and ultimately even the county's beloved measure P may be changed by this changed electorate. "

missmarvelous wrote on Dec 11, 2008 7:29 AM:

" Does anyone know the details of the lawsuit brought against Napa County for lack of affordable housing? The mandate came down from the Fed's to build 3400 units of affordable housing, is this why the County can not hand over the Napa Pipe site to the City? We all all kept in the dark about the details of the settlement. I believe the Napa Pipe project is really about affordable housing/low income housing, not about large luxury condos/townhomes as some may think... "

Cadence wrote on Dec 11, 2008 8:09 AM:

" MissM, please, please wake up. Regardless of the deHaro lawsuit (google the name and you can read all about it), Napa County is not going to build an entire low income city complete with water taxis. "

manxkat wrote on Dec 11, 2008 9:28 AM:

" Is this the same Joe Fischer who sold this community a bill of goods with Keep Napa Napa? If so, now that he has ruined Copia he ought to get a job with Keith Rogal to run his finances. That would be "

Project707 wrote on Dec 11, 2008 10:25 AM:

" “The city and county don’t need 3,200 units. The developer needs 3,200 units to make a profit,” Parness said.

Sounds like Rogal might need to get on the same page as the city manager for making South Napa his exhuberant creation. Maybe Rogal needs to invite him to his daily coffee and newspaper routine at Boon Fly.

Hopefully true Napa natives can resist this self proclaimed "Kofi Annan personality" by not selling their votes for profit. "

Rob C wrote on Dec 11, 2008 11:40 AM:

" The good news here - and it is good, is that the whole deal will grid-lock well into the foreseeable future while all parties delay and litigate.

And with a down economy as backdrop, developers and investors will have no problem waiting on the sidelines. (Of course the current investor team may be a little frantic as vacant land produces no revenue - but hey, that's investor biz.)

All in all, delaying the housing inventory will help owners with property values when the market inevitably picks-up.

Only interesting part will be watching the "affordable housing" quota dance start anew in both the city and the county. NIMBY's get ready - new, quota-driven proposals will be coming soon. "

msetty wrote on Dec 11, 2008 2:14 PM:

" "There is no legal precedent for a county and a city working out a long-range deal of this kind, officials said. Further, a study of the environmental implications likely would have been necessary."

So ask our state legislators to fix the law to give Napa County flexibility on the housing mandates! No elected official at either the County or the City has any backbone whatsoever!

The City folks don't seem to get that including Napa Pipe as a developable area for housing TAKES MOST OF THE PRESSURE AWAY for high density units IN EXISTING SINGLE FAMILY NEIGHBORHOODS!

DO YOU COMPREHEND THIS, NIMBYs commenting on this and other growth-related threads?

Napa Pipe also greatly reduces pressure for high traffic generating development, such as that 150 or so acres off Foster Road, and a number of other places. "

notpc wrote on Dec 11, 2008 6:14 PM:

" Thank you msetty for mentioning a legislative fix so that flexibility can occur regarding the housing element. Maybe you should run for elected office. Another point to both county and city politicians --do not underestimate the public concern over quality of life issues with regards to this project. This massive project will be your legacies. "

delphi wrote on Dec 11, 2008 8:56 PM:

" This project belongs in the city and needs to remain industrial zoning, especially in this economic climate. We need to diversify our opportunities for income generation and a housing developement incorpoating 2nd homes for the wealthy is not what we need. If this remains a county property there are big problems with the General Plan. We are resticted to 1% growth per year by county ordinance and residential developement using ground water is prohibited. Some local leaders led Rogal down the primrose path telling him they would fix anything in the way of his development and now can't deliver. Oh well whats 40 million among friends. "

Cadence wrote on Dec 12, 2008 7:48 AM:

" BOGUS, msetty.
The city people DO get that if this disaster goes forward, leaving town will become pure hell, much less getting around in town. With all of the current Spare the Air woodburning rules in our faces almost daily, we get that diesel trucks will be idling longer than before in the worsening traffic congestion. Airborne diesel particulate levels will rise and they are lethal, pal.
We get that the net inflow is LESS than the costs to the city and county. That means we chumps here right now will make up the difference in creating our version of hell.
We get that those of us in modest homes will face a lasting depression in the values of our homes when these units flood the market.
We get that the people behind this are from out of town and could not care less what they leave in their wake, so long as it's profitable. "

napa4change wrote on Dec 12, 2008 1:47 PM:

" Project707 --have you been stalking Rogal inside Boon Fly or something? "

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