1/31/03
Dear Editor:
The Napa County Supervisors are apparently listening to the peoples' comments regarding the proposed Stream Setback Ordinance. In fact they should be commended for giving their time for 3 lengthy public hearings on the matter so far.
Unfortunately, with the possible exception of one member, they do not seem to be hearing what the vast majority of these people are saying. This becomes more apparent with each successive hearing. As a group, the people are saying that this is a fatally flawed idea which needs to be completely abandoned in favor of a simpler, more practical approach. What the Supes seem to be hearing is "Just give me my exemption, I don't care about anybody else."
This is an incredible misinterpretation to say the least. Most concerned individuals we know have progressed in their thinking far beyond this childish view. It takes only a little thoughtful study of the proposal to discover its intrinsic problems. For instance, the impossibility of convincing the people that it is OK for the County to take control of thousands of acres of private property without due process of law or just compensation. The list goes on and on and most of the others have already been publicized.
Furthermore, the test of enforceability (crucial for any legislation) is one which this proposal cannot pass. Each new special interest exemption and/or amendment increases its complexity and arbitrariness. The prospects of enforcement and administration become that much more of a future nightmare for the County and its citizens alike. The County apparently cannot even enforce many currently existing ordinances. How in the world can it deal with this mess? Unenforceable laws are far worse than no laws at all.
Yet the majority of the Supervisors and staff continue to flail away, with the tenacity of bulldogs, trying to find the right patches to make this plan palatable to the masses. It is as if it were their sacred mission to enact something, no matter what its shortcomings might be. Obviously they believe they know what is best for the people. The only problem is they haven't yet discovered exactly what it is. Surely anyone can see that this document is unpatchable. They should stop trying. They just need to drop it altogether. If this ordinance is passed in any form, the future for Napa County is surely much strife, confusion, wasted expense, citizen alienation, lawsuits, etc., etc. And probably very little real help for the County's waterway and riparian health.
Sincerely,
David & Kathleen Kernberger