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Feed: Save Shollenberger Park - AggScore: 46.3




SHOLLENBERGER SHINDIG 2 ONLINE TICKETS NOW ON SALE!

WET YOUR WHISTLE FOR THE WETLANDS

General Admission:
$30 advance/ $35 at Door
$15 Youth

Special Admission:
$100 Duck Brigade (All Access & Early Entry 5:30 PM)

SAVE THE DATE & DON'T DELAY!
(The SHINDIG sold out fast last year)

Buy tickets at Lagunitas and The Mail Depot (May 10)


JUNE 12 TUES NITE

LAGUNITAS BEER SANCTUARY
Doors Open 6 PM – 8:30 PM

1280 No. McDowell Blvd.
Petaluma
SAVE SHOLLENBERGER PARK &
PARTY FOR THE PARK

SILENT AUCTION of local art, products, and services
NOVEAU FOOD CART VENDORS
MUSIC BY:
Peter Welker Sextet & Deborah Winters
Elaine Lucia
Gabby La La and The Ukulady in Kit ‘N’ Tenders
Katie Freeman (of the Incubators)

Kit 'N' Tenders (Gabby Lala
Peter Welker Sextet & Diane Winters
Elaine Lucia Band

FOOD CART FEST STAGE:
Katie Freeman (of The Incubators)

ALL PROCEEDS BENEFIT FRIENDS OF SHOLLENBERGER
(A Special Project of The O.W.L. Foundation, a 501c3)



Click a ticket below to order online tickets:

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Date Published: May 01, 2012 - 11:45 pm


Flash: Dutra Legal Costs mostly denied in Court today.


Breaking News:
Wednesday, April 25, 2012

Today, Judge Chouteau denied most of Dutra's requests for reimbursement of
costs related to our case against the approvals of the Dutra Asphalt Plant
in Petaluma.

Dutra's attorneys, Les Perry and Derek Cole, along with Aimi Dutra and
political consultant Rob Muelrath, appeared in Judge Chouteau's courtoom
in Santa Rosa this morning to argue their claims for over dollarsignr9900 in
allegedly reimbursable costs related to the trial and the preparation of
the case record.

The plaintiffs, including all of the community plaintiff groups and
individuals, and the City of Petaluma, were represented by Christina Caro,
of Lozeau/Drury LLP.

After vigorous arguments about what is, and what is not legally eligible
for reimbursement, Judge Chouteau decided that only dollarsignr1649.46 of Dutra's
asserted costs were in fact legitimate under California law. The balance
of claims were denied. Judge Chouteau stated that Dutra was not entitled
to receive reimbursement for costs related to Dutra's attorneys' voluntary
review of the case record, which, at over 31,000 pages, was prepared at
the total effort and expense of the plaintiffs. He indicated that such
review was the responsibility of County Counsel, which could not, and did
not, delegate that review to Dutra.

County Counsel declined to file any motion for reimbursement of costs,
indicating that they did not have sufficient records to be able to
accurately assign any costs in the case.

We are pleased that Judge Chouteau saw through the improper and
unwarranted attempts by Dutra and their attorneys to try to get
reimbursements for their purported expenses. Our efforts to continue to
protect and defend the integrity of Petaluma's health, economy and
environment will continue to victory at the Court of Appeals over this
poorly planned and located project.

----
For further information, contact:

David Keller
Petaluma River Council, 707/763-9336
Christina Caro, Lozeau/Drury LLP, 510/836-4200
Richard Drury, Lozeau/Drury LLP, 510/836-4200
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Date Published: Apr 26, 2012 - 11:19 am

CHALLENGE GRANT MATCHED!! 2012 FUNDRAISING CAMPAIGN ON ITS WAY

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CHALLENGE GRANT MATCHED!!
2012 FUNDRAISING CAMPAIGN ON ITS WAY

#1 Hurray for You!
The community stepped up and MORE than doubled  our matching grant challenge) of $1500.  What a great way to start the NEW YEAR of fundraising to stand firm against Dutra polluting Petaluma.

2012 will be a year of consciousness raising and fundraising. WE CAN DO IT!

THANK YOU  to all of you who sent in end-of-the-year donations – your money was doubled with  the power  to fight DUTRA , due to a generous anonymous donor.


# 2012 will be A YEAR OF  FUN!  RAISING
SAVE THE DATE !
SHOLLENBERGER SHINDIG !
JUNE 12th  TUESDAY
Lagunitas Beer Sanctuary 5:30- 9 P.M.
BIGGER and (is it possible ?)  even better than last year’s SOLD OUT event.
Lagunitas  Beer Sanctuary has expanded their amphitheater and so more of you can attend!



#3  ECONSCIOUS GIVES  TO SAVE THE PARK!
 
We are proud to announce that Econscious, a member of 1% for The Planet
 has designated O.W.L. Foundation (Friends of Shollenberger is a special project) as a recipient for their 2011 contribution to the planet.

THANK YOU ECONSCIOUS for helping preserve and protect Shollenberger Park!

(ECONSCIOUS http://www.econscious.net/
is located  adjacent to Shollenberger Park and a local employer as is dedicated to organic  T-shirts and accessories. Check out their wholesale website – their organic cotton Ts can also be ordered via Café Presse , with your custom logo for events or organizations.)

If you have links to companies who also participate in 1% for The Planet, please refer them to our cause. Companies pledge to donate 1% of GROSS SALES to non-profits working to preserve the planet. What a great idea!
http://www.onepercentfortheplanet.org/en/

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Date Published: Mar 05, 2012 - 2:45 pm

6 years of Grassroots Action to Save Shollenberger and Stop Dutra:

Read these flyers, pass them on digitally, & print them out (click on image for printable PDF) and hand them out to friends and neighbors.

Thanks for your support,
Friends of Shollenberger


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Date Published: Feb 14, 2012 - 1:17 pm

Hands Around Shollenberger


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Date Published: Feb 05, 2012 - 10:17 pm

Appeal Filed: City of Petaluma et al. v. County of Sonoma et al.


Appeal Filed: City of Petaluma et al. v. County of Sonoma et al.

For Immediate Release, Friday, Feb. 3, 2012

Subject: City of Petaluma et al. v. County of Sonoma et al., Case No. SCV
248948


The Community groups, individuals and City of Petaluma have today filed
our appeal of the Superior Court decision, which had denied all claims in
our lawsuit against the County's approval of the Dutra Asphalt Plant
project.

We are looking forward to our claims being heard at the California Court
of Appeals, in San Francisco.

Given Dutra's statements that they are pursuing the start up of their
factory following the court's decision, we will continue to strongly oppose
this wrongly-made decision and project approvals at all levels. This will
be done in court, as well as at the various local, state and federal
agencies whose approvals are necessary prior to Dutra's construction and
grading permits and actions.

We will provide more details on the claims being appealed in the near
future, following discussions among the plaintiffs in the case.


David Keller, Petaluma River Council
Joan Cooper, Friends of Shollenberger Park
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Date Published: Feb 04, 2012 - 3:51 pm

Council Joins Community To Appeal Dutra Approval

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Council Joins Community To Appeal Dutra Approval

The Petaluma City Council voted tonight after a Closed Session  meeting, to appeal Judge Chouteau’s Dec. 23, 2011 decision (upholding Sonoma County’s approval of the Dutra asphalt factory at Haystack Landing. ) The Superior Court decision will  be challenged in Appellate Court in San Francisco by the City of Petaluma, holding together the  original coalition of plaintiffs, which includes Friends of Shollenberger Park, Moms for Clean Air, The Madrone Audubon Society, Petaluma Tomorrow, The Petaluma River Council and several individuals.  The vote was 6 in favor of appeal, and one, Council Member Albertson, against.

The Petaluma  Council heard citizens speak during Public Comment at 5:30 PM tonight at City Hall. People from all walks of life in Petaluma from Downtown Business Association Executive Director, Marie McCusker
  to David Keller, Petaluma River Council, to former Mayor Pam Torliatt  made a forceful case for the economic  basis of funding an appeal citing  tourism and Shollenberger Park as crucial economic drivers for Petaluma’s future.

The citizen comment period culminated with Sheri Chlebowski , Moms for Clean Air and Joan Cooper, Friends of Shollenberger Park spokesperson making the City Council the offer of dollarsignr10,000 to help defray  the City’s  legal costs of the appeal. With the estimate from the City Attorney of a maximum of dollarsignr18,500, the community has generously ponied up more than 50 % of the City’s projected legal expenses.

Mayor Glass commented that the strong response of the citizenry urging the Council to appeal figured into his vote to appeal.  He noted that the Dutra issue had catapulted many into political action who had never participated in the process before. The anti Dutra movement  is a reflection of the strong commitment of  the  people of Petaluma to preserve and protect Shollenberger Park and the quality of life as we know it in Petaluma.

Thank you to one and all for signing the petition, writing to the council, donating money and taking the time to come to the council meeting and speak, as well as talking to friends and neighbors. This shows how a community can pull  together and make a difference.
 Now on to the appeal – more fundraising for our own legal expenses will ensue – AND that means more parties! Events! And community fun.

 Next event: HANDS AROUND SHOLLENBERGER
 FEB 12 A VALENTINE FOR OUR PARK
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Date Published: Jan 24, 2012 - 10:41 am

STAND UP FOR SHOLLENBERGER RALLY HUGE !


400 hundred people and dogs gathered at Shollenberger Park to protest the approval of the Dutra Asphalt factory across the river from its paths. Oldsters, kids, dogs on leashes, babies in strollers, bikers, Occupiers all heeded the call to STAND UP FOR OUR PARK given by Friends of Shollenberger, Moms for Clean Air, and Occupy Petaluma.

It was a real Petaluma Grass Roots Day – the kind of experience that reminds you why we all love Petaluma and the Park so much and want to live here in peace and good health.

Click here for video

Bug Deakin, Heritage Salvage motored gallantly by in his Cutter, then stopped to read aloud his wonderful poem, “Ode to Dutra!” Poetry to tell Dutra to go way and leave our birds alone!

Hundreds waved from the Viewing Platform shouting DUCKS NOT TRUCKS and SAVE OUR PARK and NO DUTRA NO DUTRA.

The crowd then walked in solidarity together to the dredge spoil pond and stood before the expansive vista of the Measure D Voter Mandate protected wetlands.

“Look south,” Bill Kortum,  our much loved environmental leader and former Supervisor,  once said to me and then Sup. Candidate Mike Maguire. “What do you see?” “Nothing but wetlands and sky,”  we replied. “That’s because the voters wanted it that way .” Open and free of industrial blight and development.

Yes, nothing but  birds and blue sky and a view of a cleaner future for our children and their children. Worth appealing and preserving. That’s something.

Photographer Scott Hess captured the inspiring moment of young and old standing together united to save the park. Videographers Sebastian Nau, Kaye Chandler, Beau Bouverat and others filmed the crowd.

Friends of Shollenberger wants to thank Lorna Johnson and Eve O’Rourke for gathering the community together by envisioning this Rally and bringing us all together and giving us this wonderful day.

Also many thanks to OCCUPY Petaluma who kicked off  our rally on Saturday with a wonderful street side demonstration at Washington and Petaluma Blvd.

Our message to the City Council:

“Petaluma City Council must join the appeal. STAY THE COURSE.”

Write your City Council this week – AGAIN.


Drop Everything and Come to the City Council Meeting:
City Hall, English St. Petaluma, CA
JAN 23 7 PM MON EVE
Hear their decision face to face.
STAND UP AND BE COUNTED ONCE AGAIN


We will appeal and we will prevail


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Date Published: Jan 17, 2012 - 12:26 am

Join Us! Sunday, January 15 3:30p to 4:30p At Shollenberger Park!

Sunday promises to be a beautiful warm sunny day! Perfect for being outdoors!

Come join your friends and neighbors on a walk around Shollenberger Park on Sunday, January 15 from 3:30 to 4:30 to show your support for the park and the appeal.

Scott Hess will be there to take a HUGE group photo of us at 4:00.

The photo will be taken at the viewing platform - which is right across from where Dutra is planning to built its noxious asphalt plant.

Stand up for your wetlands and let everyone know you think the sanctity of our Shollenberger Park wetlands and the quality of life in Petaluma are worth saving.

Everyone - parents, kids, elders, runners, cyclists, birders, rowers, Occupiers, teachers, students: walk, run, dance, ride your bike, or paddle your kayak - and bring a friend or two! Bring the whole family! See you there!

Please share this email with your friends!

Thank you!!

Friends of Shollenberger Park

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Date Published: Jan 11, 2012 - 12:32 pm

SAVE SHOLLENBERGER JOIN THE APPEAL!

Please sign our Petition and send a message to the Petaluma City Council to do what's right, stay the course, join the community coalition of non-profits and individuals as plaintiffs in this appeal.

Click Here to download the full text of Judge Chouteau's decision.


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Date Published: Jan 04, 2012 - 12:24 am

DONTRA! No Asphalt Plant Next to Our Park!

DONTRA!
NO Asphalt Factory Next To Our Park!
ROUND TWO!

"Stay The Course"
"It Takes A Community" to protect itself. Judge Chouteau's flawed decision needs to be challenged in a higher court. That's why our justice system has an appellate court.

Preserving wetlands for the good of the planet and all of us living beings leads to a healthy future.

Allowing an industrial factory on the banks of the river is going backwards to the bad old times.

Petaluma doesn't want this factory at its Gateway, but Dutra does. Who wins, who loses? It goes against the 2020 County General Plan guiding principle: The County should cooperate with cities when planning for parcels in their sphere of influence, just outside the city limits.

KNOWN IMPACTS OF THE DUTRA ASPHALT FACTORY:
Judge Chouteau's legal ruling doesn't change the DUTRA Asphalt factory. It's still the same noxious factory.

A FUTURE DUTRA FACTORY:
 Still Smells like hot asphalt
Still Unhealthy and Toxic Operation
Excessive NOX levels that lead to asthma allowed
2.5 particulate matter causes asthma & cancer - not evaluated
Still Creates traffic jams for commuters using 101
Still Impacts Shollenberger's wildlife
egrets and herons
Still impacts nearby residences and businesses:
noise, dust, smells, and lights
Still lowers housing values
Still an Eyesore at the Gateway to Petaluma:
Still Hurts local restaurant, shopping and tourism businesses

WHY WE CAN WIN AN APPEAL AT A HIGHER COURT:

Legal errors in Judge Chouteau's ruling make it possible to overturn it on appeal for reconsideration by a panel of three judges in a San Francisco higher court. Getting the case out of Sonoma County may help our case.

WHAT CAN YOU DO?

Are you with us?
Will you stay the course to protect our park and community?

Call, write, and e-mail your Petaluma City Council Members and Mayor:

1. Commend them for standing together to defend the taxpayers' dollarsignr4 million investment in Shollenberger Park and the Petaluma Wetlands
http://cityofpetaluma.net/cclerk/council.html

2. Subject line for e-mails and letters: "Stay The Course"
3. Ask them to join the legal appeal to this flawed decision

daveglass@comcast.net
teresa4petaluma@comcast.net
tiff@tiffanyrenee.com
councilman.albertson@gmail.com
councilmemberkearney@me.com
mthealy@sbcglobal.net
mike4pet@aol.com

Chris Albertson
councilman.albertson@gmail.com
POB 61, 94953 707.778.4525 12/14
Teresa Barrett
teresa4petaluma@comcast.net
POB 901, 94953 707.953.0846 12/14
David Glass
Mayor
daveglass@comcast.net
POB 61, 94953 707.778.4345 12/14
Mike Harris
mike4pet@aol.com
POB 751361, 94975 707.773.3196 12/14
Mike Healy
Vice Mayor mthealy@sbcglobal.net
304 Kentucky Street, 94952 707.762.8768 12/12
Gabe Kearney
councilmemberkearney@me.com
POB 61, 94953 707.238.2199 12/12
Tiffany Renée
tiff@tiffanyrenee.com
POB 750536, 94975-036 707.776.6214 12/12

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Date Published: Jan 03, 2012 - 10:23 am

Judge Chouteau Buys County's Arguments


PRESS RELEASE
December 28, 2011

Judge Chouteau Buys County's Arguments
Dutra Asphalt Factory Approval Upheld by Court

We are very disappointed by Judge Chouteau's failure to find in favor of our
community coalition's legal challenge to protect Shollenberger Park, the
Petaluma River and our community's health and economy. Judge Chouteau has
rejected our plea to preserve the gateway to Sonoma County from blight and
protect the people of Petaluma from Dutra's industrial pollution.

Judge Chouteau has dismissed all of our claims, and seems to have adopted
county counsel's and Dutra's attorney's arguments without question.

1) Judge Chouteau has mistakenly written off Shollenberger Park and the
upper Petaluma River as an industrial blighted area that merits no further
protections or care. This is – contrary to its status as the most popular
park in Petaluma and a recognized National Geographic destination.

2) He chose to overlook the increased health risks caused by toxic air
pollution from many thousands of Dutra's diesel trucks, tugs and asphalt
manufacturing. He has rejected the legally required standards for
measuring toxic emissions from the project at its proposed location. He
asserted that CEQA cannot be used to address impacts to workers' health at
the plant.

3) Despite Shamrock Materials sworn unwillingness to allow their dock to
receive Dutra's aggregate deliveries, Judge Chouteau accepted the County's
argument that the project could be approved as "river dependent".

4. He failed to address what would happen after the first three years with
Dutra's truck-only deliveries of aggregate, as permitted by the County, if
no barge delivery through Shamrock's permitted tonnage capacity was agreed
to or feasible. Would Dutra be shut down without river deliveries? Would
they just continue with thousands of truck trips? He refused to tell us how
that should or would work.

5. Judge Chouteau refused to respect the integrity of the county-wide
voters' 1998 approval of Measure D, establishing the Petaluma/Novato
Community Separator. This voter-approved mandate, like Urban Growth
Boundaries for all our cities, protects the entrance to Sonoma County, from
the county line to Petaluma's Urban Service Boundary, from intensified
development along the 101 corridor. The County, and now this judge, have
mistakenly left Dutra's parcels unprotected against industrial development
with an asphalt factory.

The plaintiffs' coalition of non-profits, individuals, and the City of
Petaluma will now consider the next steps, including possibly appealing
Judge Chouteau's ruling. Our attorneys at Lozeau/Drury feel we have many
legal issues that could find merit at a higher court. So far, we believe
that this judge's decision should be overturned.

The community's efforts to save Shollenberger Park, our River, Petaluma's
health and economic vitality are not over yet. Our city, community and
extended family have supported these battles for several years, and will
not give up now.

Your donations to fund the appeal are requested from all of you who love
Shollenberger Park, value clean air, and what makes Petaluma attractive and
strong. We are offended by Dutra's two 62 ft. asphalt storage towers and
thousands of trucks wafting trails of toxic and stinking asphalt smoke as
a landmark marking the Gateway to our fair city and county.

We will never give up fighting to preserve and protect Shollenberger Park.
Thank you!

Richard Drury, Lozeau/Drury LLP, (510) 836-4202
Joan Cooper, Friends of Shollenberger, (415) 516-3673
David Keller, Petaluma River Council, (707) 763-9336

 

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Date Published: Dec 28, 2011 - 12:54 pm

HELP SAVE SHOLLENBERGER PARK


HELP SAVE SHOLLENBERGER PARK
dollarsignr1500 MATCHING GRANT
PLEDGED TO FRIENDS OF SHOLLENBERGER
Double your donation!
Say NO to Dutra!
A generous  (anonymous) community donor has thrown down this challenge:
“Donate by Dec. 31st and your donations will be matched
 dollar for dollar  (Up to dollarsignr1500)
If you love Shollenberger Park and The Petaluma Wetlands and all the critters,
now is the time to give.
Funds are necessary to pay our legal expenses:
On Dec. 9, 2011, Judge Chouteau will hear oral arguments in Sonoma Superior Court re: the legal challenge of our community coalition to the Dutra Asphalt Factory.
The judge’s decision will arrive within three weeks – and most likely there will be an appeal – whichever side prevails.
So our fundraising continues to be necessary. We will stay the course, stand firm against degrading Shollenberger Park, and protect the health and quality of life in Petaluma.
To preserve Petaluma’s open space – donate today!
Go to saveshollenberger.com and click DONATE – it’s fully tax-deductible.
To donate by check, mail checks to:
Greg Reisinger, Treasurer FOS, 521 Howard Street, Petaluma, CA 94952
Checks can be made out to O.W.L. Foundation, please note on memo line for Friends of Shollenberger
Friends of Shollenberger

 

 
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Date Published: Dec 24, 2011 - 11:39 am

OUR DAY IN COURT



Joan Cooper, Edward Grutzmacher (attorney for the City of Petaluma,
Richard Drury (lead attorney representing the non-profits and individual
plaintiffs,) David Keller, Sheri Chlebowski, Ilka de Gast, and  Heidi Rhymes
outside of Courtroom 17 on Dec. 9, 2011



Today at Sonoma Superior Court, Judge Rene Chouteau heard oral arguments for
two and one-half hours on the Dutra lawsuit.

Judge Chouteau asked insightful questions to clarify the arguments of both
sides of the suit - the plaintiffs (community non -profits, individuals and
The City of Petaluma) and the defense (The County of Sonoma, Dutra
Materials, and Shamrock Materials.)

Our attorney Richard Drury presented compelling arguments regarding the
alleged California Environmental Quality Act (CEQA) violations, starting
with the failure to provide a clear description of the project for the
public’s review. Dutra’s attorney maintained that the project was 99% the
same as the original project described six years ago and that the piecemeal
description contained in subsequent two revisions and numerous associated
documents was sufficient to meet CEQA’s requirement for a clear description.

Community members filled the seats of courttoom 17 with Mayor Dave Glass,
and Council members Barrett, Healy, and Rene present, as well as former
Mayor Pam Torliatt and former Council member David Keller.

Judge Chouteau has up to 90 days to rule on the legal issues. The session
demonstrated how much is at stake for both sides of this dispute. Kudos go
to our legal team for a clear and concise presentation.





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Date Published: Dec 11, 2011 - 3:33 pm

 
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