Read these flyers, pass them on digitally, & print them out
(click on image for printable PDF) and hand themout to friends and
neighbors.
Thanks for your support,
Friends of Shollenberger
Date Published: Feb 14, 2012 - 1:17 pm
Date Published: Feb 05, 2012 - 10:17 pm
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
Date Published: Feb 04, 2012 - 3:51 pm
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Council Joins Community To Appeal
Dutra Approval
The Petaluma City Council voted
tonight after aClosed Session meeting, to appeal
JudgeChouteau’s Dec. 23, 2011 decision (upholding Sonoma County’s
approval of theDutra asphalt factory at Haystack Landing. ) The
Superior Court decisionwill be challenged in Appellate
Courtin San Francisco by the City of Petaluma, holding together
the original
coalition of plaintiffs, whichincludes Friends of Shollenberger
Park, Moms for Clean Air, The Madrone AudubonSociety, Petaluma
Tomorrow, The Petaluma River Council and several
individuals. The
vote was 6 in favor of appeal, andone, Council Member Albertson,
against.
The Petaluma Council heard citizens speak
during Public Comment at 5:30PM tonight at City Hall. People from
all walks of life in Petaluma fromDowntown Business Association
Executive Director, MarieMcCusker
toDavid 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 crucialeconomic drivers for Petaluma’s
future.
The citizen comment period culminated
with SheriChlebowski , Moms for Clean Air and Joan Cooper,
Friends of Shollenberger Park spokespersonmaking the City Council
the offer of dollarsignr10,000 to help defray the City’s legal costs of the appeal. With
the estimate from the CityAttorney of a maximum of
dollarsignr18,500, the community has generously ponied up
morethan 50 % of the City’s projected legal expenses.
Mayor Glass commented that the strong
response ofthe citizenry urging the Council to appeal figured
into his vote toappeal. He noted that the Dutraissue
had catapulted many into political action who had never
participated inthe process before. The anti Dutra
movement is a
reflection of the strong commitment of the people of Petaluma to preserve
and protect ShollenbergerPark and the quality of life as we know
it in Petaluma.
Thank you to one and all for signing
thepetition, writing to the council, donating money and taking
the time to come tothe council meeting and speak, as well as
talking to friends and neighbors.This shows how a community can
pull together and
make a difference.
Nowon to the appeal – more
fundraising for our own legal expenses will ensue – ANDthat means
more parties! Events! And community fun.
Nextevent: HANDS AROUND
SHOLLENBERGER
FEB12 A VALENTINE FOR OUR
PARK
Date Published: Jan 24, 2012 - 10:41 am
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
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
Date Published: Jan 11, 2012 - 12:32 pm
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.
Date Published: Jan 04, 2012 - 12:24 am
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
Date Published: Jan 03, 2012 - 10:23 am
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
Date Published: Dec 28, 2011 - 12:54 pm
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
Date Published: Dec 24, 2011 - 11:39 am
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.
Date Published: Dec 11, 2011 - 3:33 pm
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
Date Published: Dec 08, 2011 - 4:25 pm
PRESERVE and PROTECT
SHOLLENBERGER PARK
Your favorite bird lover, grandchild, niece or nephew,
daughter or son, teacher or nature lover will appreciate
knowing your gift helped save the salt water marsh inhabitants of
the Petaluma Wetlands. They'll receive a beautiful color photo (8
x 10) of the animal of your choice, a certificate of adoption,
and a BIG THANK YOU from all of the animals who live at
Shollenberger Park.
For each animal adopted, YOU WILL RECEIVE:
- A beautiful 8 x 10 color photograph of the animal
- An official certificate of adoption
- A BIG THANK YOU from all of the animals who live at
Shollenberger Park!
Order by Dec. 20, 2011 for local Christmas Delivery
|
$20
|
River Otter
|
|
|
$20
|
Western Pond Turtle
|
|
|
$20
|
Red-shouldered Hawk
|
|
|
$20
|
Red-tailed Hawk
|
|
|
$20
|
White-tailed Kite
|
|
|
$20
|
Barn Owl
|
|
|
$20
|
American White Pelican
|
|
|
$20
|
Great Egret
|
|
|
$20
|
Great Blue Heron
|
|
|
$20
|
Ruddy Duck
|
|
|
$20
|
Cinnamon Teal pair
|
|
|
$20
|
American Kestrel (a falcon)
|
|
Also Available: 50 Birds of
Shollenberger
Our full color hard-covered book ( 8" x 8") ofphotos taken by
Senior Docent Bob Dyer at Shollenberger Park and thePetaluma
Wetlands. A great gift for all ages, makes it easier to
identifythe wildlife you meet when walking the paths at
Shollenberger. Signed by theartist. $40 + $4 Shipping
Sample Photos from 50 Birds of Shollenberger
Green
Heron
Eurasian
(Common) Teal
American
Kestrel
American
White Pelican
Date Published: Dec 02, 2011 - 12:52 am
Nov. 30, 2011
Dear Friends of Shollenberger,
Party for the Park! DEC. 2 FRI night at The
Mail Depot – COME JOIN US!
DECEMBER IS DECISION MONTH for Shollenberger Park :
Come to the OPEN HOUSE THIS FRIDAY!
Let’s raise energy, money, and awareness.
Let’s gather together in anticipation of the judicial
decision.
on the Dutra Asphalt Factory, in Sonoma Superior Court. (Dec.
9th.)
Let’s a party for the park!
OPEN HOUSE DEC. 2
THIS FRIDAY NITE
COMMUNITY GATHERING at The Mail Depot
7 PM on into the evening
Music by Araan Harris & Friends
Snacks & Libations by Lagunitas
Murrray Rockowitz Photo Exhibit
http://rockowitz.com/
Suggested donation
$15 All ages
On Sale for Holiday Gifts:
“50 Shollenberger Birds” books by Bob Dyer
“Adopt an Animal” bird photos & Certificates
Free gift-wrap.
Date Published: Nov 30, 2011 - 1:17 pm
We ask you to help save Shollenberger Park by including us in
your annual giving plans.
As you know, litigation to save the park from the Dutra
Asphalt factory hazards began in January 2011. On December 9th,
Judge Chouteau will hear oral arguments in Sonoma Superior Court,
Santa Rosa. You, the public, can attend. We plan to be victorious,
but understand that Dutra will most likely file an appeal, and the
litigation may continue throughout 2012.
Dutra hopes they can outspend and outlast us. But we won’t let them
win and degrade our park, health, economy and community. Not after
five years of community resistance.
Our attorneys have worked very efficiently, yet the legal process
is expensive. We need your financial help now to fund our legal
challenge.
Without funds to continue the fight, the Dutra six-story asphalt
towers will become the gateway to our community in 2012. Your
donation is crucial to the legal defense of our wetlands and to
keep our community informed.
Our community has been generous in the past. Let's see this
through. We look forward to celebrating our victory together.
Your donation is fully tax deductible under our sponsorship by
O.W.L. Foundation, a 501c3 non-profit. And, if you have any
questions, please feel free to call us at 415-516-3673.
Thank you for your past support and for helping us secure
Shollenberger Park.
Sincerely,
Joan Cooper, David Keller & Greg Reisinger
To donate online, click here
to make a donation via O.W.L
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
linefor Friends of Shollenberger
Click here to view or download the 11/8/2011
Petitioner's Reply
Date Published: Nov 17, 2011 - 9:35 pm
