Setback rules will hurt people
Monday,
December 9, 2002 - Napa Valley Register
By BRUCE
CHINBERG
I served on the Watershed Task Force and attended over thirty meetings encompassing a two-year span. This new proposed ordinance continually quotes the Watershed Task Force recommendations as one of the primary reasons to implement the new ordinance.
I would like to stress that this task force was a very contentious political process that was tormented by the influence of the Sierra Club. Staff has used the word unanimous as to our recommendations; this could not be further from the truth.
We proved that there was no crisis as to the sediment dispersal into the streams and the Napa River. The February 2000 Sonoma State University study found that Napa's erosion control ordinance is a model of effective regulation and were doing a great job of controlling erosion and sediment dispersal.
The Register published the Friends of the Napa River macro-invertebrate study of the Napa River system. Study director Charley Dewberry said an astounding variety of aquatic insects were discovered, including several rare types of blind crustaceans and a unique stonefly. Dewberry said the diversity of species found was much greater than the group had anticipated.
The March 21, 2002 Napa Valley Register headlines, "Study indicates steelhead abundant in the Napa River." Another Friends of the Napa River-funded study stated: "Thus the total number of young steelhead in the Napa River system is probably 8,000 to 10,000 fish.
These studies along with the TMDL report, have found that the Napa River system is healthier and contains a much higher level of diverse aquatic species than all of the exaggerated rhetoric would have us believe. The only real crisis is the lack of water in the streams and the river to support fish. The experts state that the new ordinance will keep the water temperature cooler and protect the fish. If there is a lack of water then all of the shade means absolutely nothing. The county should be more concerned with water quantity and restrict the removal of water from the streams and Napa River.
The county staff continues to use the National Marine Fisheries Service (NMFS) as the science experts that will come in and increase the proposed setbacks if we don't act first. An article in Western Outdoors magazine quotes, "NMFS has been dragged through the courts and have been found to be lacking in science. They have been taken to task by the National Academy of Sciences, no less, and found to be lacking in science once again. All of a sudden, what thousands of people throughout the west have been screaming for years as the NMFS has come down with decree after decree on fisheries and rivers on what they call 'science' have been found wanting in the facts department."
Phil Blake of the NRCS, stated at the Planning Commission hearing that "The sky is not falling."
I have attended the majority of the county planning meetings and have been very distressed by the property owners pouring their hearts out concerning financial and personal loss.
The Planning Commission did not endorse this ordinance; they just passed it up the ladder to the Board of Supervisors.
I also attended the first meeting of the Board of Supervisors on Dec. 3. There were several hundred people there and many wanted to speak out against the ordinance. The public meeting started at 10:30 a.m. and staff spoke for an hour and a half. Guess what? It was time for lunch and not one person was allowed to speak. This was a gross insult to the public and the Board of Supervisors was to blame. After lunch only about half the people were able to come back and attend. This meeting should be held in the evening so that working people would have the opportunity to attend and be heard.
The agricultural community supports the ordinance but unfortunately they are exempt when it comes to replanting vineyards. Property owners will not be allowed to build a home, install a well, and build a deck or an addition inside the setbacks. You will not be permitted to drive your vehicle or disturb the zone, period.
The people living in the county and city can look forward to increased property taxes and fees to fund the new staff, hire lawyers to defend the county and purchase the tons of paper that will be needed.
The staff continues to talk about all of the exemptions available to residential homeowners. You had better plan on hiring a lawyer, soils engineer and other experts to convince the county you qualify.
I urge the Board of Supervisors, please do not pass this flawed ordinance.
(Bruce Chinberg lives in Napa.)