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

 

HELP SAVE SHOLLENBERGER PARK

HELP SAVE SHOLLENBERGER PARK
$1500 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 $1500)
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

 

 

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.

HELP SAVE SHOLLENBERGER PARK

$1500 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 $1500)

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

ADOPT A WILD ONE!

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") of photos taken by Senior Docent Bob Dyer at Shollenberger Park and the Petaluma Wetlands. A great gift for all ages, makes it easier to identify the wildlife you meet when walking the paths at Shollenberger. Signed by the artist. $40 + $4 Shipping

Sample Photos from 50 Birds of Shollenberger

Green Heron

Eurasian (Common) Teal

American Kestrel

American White Pelican

Party for the Park

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.

 

Shollenberger Park and the Petaluma Wetlands need your support now more than ever.

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 line for Friends of Shollenberger

Click here to view or download the 11/8/2011 Petitioner's Reply

Friends of Shollenberger

Dear Friends of Shollenberger,

MARK YOUR CALENDARS:
December 9, 2011 is Decision Day - Judge Chouteau will hear our legal
challenge in Sonoma Superior Court, and issue his findings.
Be there to support our case and bear witness to the proceedings.

DONATE TODAY!
Protecting our park and wetlands costs money: legal fees need your support.
Please donate if you can, on-line (saveshollenberger.com)

Send Donations by check to:

Friends of Shollenberger Park
PO Box 2114
Petaluma, CA 94953

Plan to include us in your end of year giving
(checks can be made out to the O.W.L. Foundation, memo: Friends of
Shollenberger, and are fully tax-deductible.)

It's for the kids - and for the birds - and for the health of Petaluma!


Joan Cooper
Friends of Shollenberger

What's happening Update

SAVE SHOLLENBERGER UPDATE:
WHAT’S HAPPENING?
Saveshollenberger.com
DEC. 14, 2010:
SONOMA COUNTY SUPERVISORS APPROVE DUTRA ASPHALT FACTORY
(3-2 VOTE) FAIL TO FOLLOW PROCEDURE FOR RE-ZONING, CERTIFICATION OF EIR.
THEY DISALLOW PUBLIC COMMENT AT THE HEARING

JAN. 14, 2011
RICHARD DRURY, DRURY AND LOZEAU, FILES 60 PAGE LEGAL CHALLENGE, ON BEHALF OF THE PLAINTIFFS (CITY OF PETALUMA, MADRONE AUDUBON SOCIETY, PETALUMA RIVER COUNCIL, FRIENDS OF SHOLLENBERGER, MOMS FOR CLEAN AIR, PETALUMA TOMORROW AND SEVERAL INDIVIDUAL CITIZENS

JUNE 23 2011
JUDGE RENE CHOUTEAU, SONOMA SUPERIOR COURT, APPOINTED TO HEAR OUR CASE, RULES AGAINST SHAMROCK MATERIALS, INC AND CORTO MENO SAND & GRAVEL’S REQUEST TO BE REMOVED AS A “PARTY OF INTEREST”

SEPT. 22, 2011
COALITION OF PLAINTIFFS AND THE CITY OF PETALUMA (a co-plaintiff) FILE BRIEFS ADDRESSING GENERAL PLAN ISSUES AND MEASURE D (SCENIC VIEW CORRIDOR PROTECTION)

OCT. 21, 2011
DUTRA, SHAMROCK, COUNTRY OF SONOMA WILL FILE OPPOSITION BRIEFS

NOV. 8, 2011
RICHARD DRURY, ATTORNEY FOR THE PLAINTIFFS (OUR COMMUNITY COALITION) WILL FILE REPLY BRIEF

DEC. 9, 2011 2:20 PM (PUBLIC CAN ATTEND)
HEARING ON THE WRIT WILL BE BEFORE JUDGE CHOUTEAU IN SONOMA SUPERIOR COURT Santa Rosa, CA EITHER PARTY CAN APPEAL THE DECISION.

FOR UPDATES:
JOIN OUR FACEBOOK COMMUNITY PAGE: http://www.facebook.com/shollenbergerpark

River advocate David Yearsley dies

photo Scott Hess
The beauty and rich history of the Petaluma River is what David Yearsley fell in love with when he first moved to town in the mid-1990s. That love for the Petaluma River was something he dedicated his life to sharing with others.

From Petaluma 360

David Yearsley, 1946-2011
Mr. Yearsley, the former Petaluma Riverkeeper, died after a battle with cancer on Sept. 5, 2011. He was 65.

“The Petaluma River just lost its best friend,” said J.T. Wick, a member of the board of directors of Friends of the Petaluma River.

Mr. Yearsley grew up in Wisconsin, but spent some of his formative years in the Delaware River estuary near Odessa where his grandfather owned a farm with 200 to 300 acres of marsh.

“We got to explore it as boys. Swim in the creeks, fish,” said Yearsley in a 2004 interview with the Argus-Courier. “The tides were very similar to the Petaluma River. They rose and fell five to six feet.”

After serving four years in the U.S. Air Force during the Vietnam War working on fuel pipelines and storage facilities, Yearsley moved to San Francisco in 1968 to attend college.

He earned a university degree in fine arts. He became a woodworker, married, had two children and moved to Richmond. Even there he was able to indulge his love of the outdoors hunting and fishing on Wild Cat Creek. He divorced in 1989.

While he was still a student at San Francisco State in the 1970s, Yearsley lived in a little cabin in Larkspur on the Corte Madera Creek. Housing was cheap and the house was on stilts over a tidal marsh.

A friend came to visit him and mentioned she owned a similar cabin in the Petaluma marsh. Yearsley liked it so much he bought into it, then bought out her share in the mid-1980s.

In 1994 he met his present wife, Elizabeth Howland, and moved to Petaluma.
It was Howland’s friend, David Keller, who suggested to Mr. Yearsley that the Petaluma River needed a river keeper. He introduced Mr. Yearsley to the San Francisco Baykeeper, who appreciated his passion for the watershed and helped him set up the Petaluma Riverkeeper program in 1998. He served as Riverkeeper until 2005.

“I was very proud to be Riverkeeper,” Mr. Yearsley said. “Being a keeper was a big thing for me.”

In conjunction with his Riverkeeper work, he was founding chairman of the Petaluma Wetlands Alliance from 2001 to 2003; which successfully promoted constructed wetlands as part of Petaluma’s new wastewater treatment and recycling facility.

In 2004 to 2005, he led Friends of Tolay’s successful grassroots campaign for the acquisition of Tolay Lake Regional Park, preserving a pristine 1,800-acre valley adjacent to Petaluma River.

He also served on the Petaluma Chamber of Commerce River Committee.

In 2006, Mr. Yearsley founded the Friends of the Petaluma River to promote appreciation and stewardship and of the River and its tidal wetlands.

“He had this deep belief that everyone could connect to nature whatever their age or background or politics and that we all deep within us,” said Howland. “We can do that in a fun way and that’s why ‘celebrate’ is part of the Friends of the Petaluma River mantra. It’s about inspiring people to protect and conserve our natural resources. That’s the way he wanted to do it.”

In 2009, he launched an effort to convert an old livery stable that had been moved from First and D streets to McNear Peninsula to the Petaluma River Heritage Center five years earlier. He helped organize several events there, including a River Heritage Fair, Tom Sawyer Days and the Rivertown Revival.

In a 2009 interview with the Argus-Courier, he said he envisioned the center as a place for “visiting small boaters and motorized craft (to) have space for overnight camping and be able to have youth events here. He added, “One of our primary goals is to create a place where children and people of all ages, can have free, unstructured time to explore nature.”
Mr. Yearsley was captain for the Friends of the Petaluma River’s Eco-Cruises, a program that started in 2010 and gave interested local residents the opportunity to enjoy a narrated cruise on the river aboard a 27-foot triple pontoon barge.

“He brought constant love and attention to our river and our community for many transformative years,” said local photographer Scott Hess, a friend who had taken many photos of Mr. Yearsley and the Petaluma River over the years.

Over the last several years, he fought a major expansion of the Redwood Landfill, north of Novato, surrounded on one side by San Antonio Creek and the other side by the Petaluma River. He called it an environmental disaster waiting to happen, saying it could collapse and leak pollution into San Antonio Creek, in turn contaminating the Petaluma River and San Francisco Bay.

When not on the river, Mr. Yearsley worked as a cabinet maker and furniture designer, and a general contractor. He did remodels of Victorians. Part of his early work was historical buildings in San Francisco and Marin. In 1983, he started his own business, DMY Woodcraft.

Howland added that he had a good sense of humor, loved music, singing and dancing. In fact, the couple met at a cajun dance.

“David was one of the truest people I’ve ever known,” said Howland. “He was true to himself, true to those he loved and true to his vision for the greater good for serving the community. He was a wonderful father and grandfather.”

To honor Mr. Yearsley’s passing, friends laid down a sacred ceremonial fire Monday at the River Heritage Center in his honor and planned to keep it burning for four days. Peter Bergen, a traditional fire tender, is helping community members to share together their grief, stories, laughter, music and hearts over four days.
“While we are not organizing a time for everyone to assemble en masse, we would like to encourage anyone who would like to, to coordinate attendance with friends and loved ones,” said friend Jim Hage. “Those able and desiring to be fire tenders will have an opportunity to learn from the initiated. You may also bring something representative of David’s tremendous spirit to offer to the fire. In honor of David’s love of the outdoors and camping, sleeping bags and guitars are encouraged as some of our friends will be sleeping out.”

Mr. Yearsley is survived by his wife, Elizabeth Howland; children, Liam Nelson, Kate Glass, Brendan Brooks and Marcelle Brooks-Yearsley; and four grandchildren.

A memorial service will be held in the fall. Details will be announced at a later date.

Rose Foundation Grant Awarded to Friends of Shollenberger Park

A $4000 grant has been awarded to Friends of Shollenberger Park in the foundation's Summer 2011 funding cycle of the Northern California Environmental Grassroots Fund.

The grant supports our community-based effort to litigate and stop the Dutra asphalt factory and protect our park, wetlands, wildlife and citizens. The Dutra asphalt factory was approved in December 2010 by the Sonoma County Board of Supervisors.

This is the second grant awarded from the Rose Foundation to support our grassroots community effort. This expression of support will strengthen our ability to continue and to fundraise for extraordinary legal expenses the community will bear to protect our community and our environment.

Friends of Shollenberger was one of 18 statewide grant recipients announced on June 11, 2011.

We thank the Rose Foundation for their continued support and expression of confidence in the direction and intentions of Friends of Shollenberger Park.

A Community Coming Together - Thank you all!

Breaking News!

Breaking news!

June 23, 2011

Today, Sonoma County Superior Court Judge Rene Chouteau rejected a
request from Shamrock Materials, Inc., and Corte Meno Sand & Gravel,
LLC to be released from a lawsuit challenging the a new asphalt plant,
proposed to be constructed by the Dutra Group, immediately across from
Petaluma’s Shollenberger Park, a renowned bird sanctuary.

Read what the Patch has to say!

Shamrock Materials, Inc.,

Judge Denies Shamrock requests for release from Dutra Asphalt Plant lawsuit

PRESS RELEASE

Judge Denies Shamrock requests for release from Dutra Asphalt Plant lawsuit.

June 23, 2011

From: David Keller, Petaluma River Council, 1327 I St., Petaluma CA 94952. (707) 763-9336

For additional information, contact: Richard Drury, Lozeau | Drury LLP, 410 12th Street, Suite 250, Oakland, CA 94607, (510) 836-4200

Today, Sonoma County Superior Court Judge Rene Chouteau rejected a request from Shamrock Materials, Inc., and Corte Meno Sand & Gravel, LLC to be released from a lawsuit challenging the a new asphalt plant, proposed to be constructed by the Dutra Group, immediately across from Petaluma’s Shollenberger Park, a renowned bird sanctuary.

Shamrock has argued that they had nothing to do with Dutra’s project. However, the plaintiffs in the lawsuit, including the City of Petaluma, Petaluma River Council, Madrone Audubon Society, Friends of Shollenberger Park, Moms for Clean Air, Petaluma Tomorrow, and others, pointed out that the County Board of Supervisors required Dutra to import its aggregate needed to produce asphalt by barge, using Shamrock’s adjacent dock, and to transport the aggregate from Shamrock to Dutra by way of a conveyor belt to be built through wetlands constructed on Shamrock’s land to mitigate Shamrock’s wetlands impacts. This made Shamrock’s participation in the case critical, since the County had required a large portion of the Dutra project to be built on Shamrock’s property (which is owned in part by Corto Meno).

Today Judge Chouteau agreed with the plaintiffs, holding that Shamrock is a proper party in the case and that Shamrock’s absence may interfere with the court’s ability to award complete relief in the action.

Petaluma River Council Director David Keller said, “It’s really quite simple. Either Shamrock is refusing to be part of the Dutra Project, in which case the Environmental Impact Report prepared for the project is entirely inaccurate and misleading; or else, Shamrock is willing to cooperate with Dutra and allow the project to be built on its wetlands, in which case Shamrock must be a party to the lawsuit. Shamrock can’t have it both ways.”

COME TO THE SHOLLENBERGER SHINDIG

JUNE 14th 6-9 PM

IT'S A BENEFIT CONCERT & BEER PARTY

for Friends of Shollenberger:

Petaluma. Our legal challenge to stop the Dutra Asphalt Factory costs $$$.

Help raise the money to pay the bills and party at the same time!

WET YOUR WHISTLE FOR THE WETLANDS

“ Lagunitas Bar” open for orders at the Shollenberger Shindig -
% of Proceeds to Friends of Shollenberger”

Let’s Sing & Swing to Save Shollenberger

There will be amazing music by Local Super Group:

FOXES IN THE HEN HOUSE.

THE RIVEREENS with special guest David Grisman

& Three Legged Sister

$20 General Admission Sold Out!

$100 VIP Tickets Still Available at Mail Depot and Lagunitas Sold Out!

Be a VIP and boost the effort to save Shollenberger

Buy an VIP ALL ACCESS PASS @ $100. THE VIP LOUNGE is upstairs at Lagunitas - a groovy rec room & bar with comfy couches and memorabilia. Up here will be artisan beer tasting, locovore snacks, fine wine.

On the VIP stage enjoy the music of:

GABBY LA LA

GUILLERMO GARCIA

The business community is stepping up with delicious snack platters and Silent Auction donations for all to enjoy. We thank our donors for making this event possible.

Thank you to our Underwriters:

Camelbak

RNM Properties

Out West Garage

BIG Thank You to Lagunitas Brewing, Our host!

Shamrock requests release from Dutra Asphalt Plant lawsuit.

NEWS FLASH!

Shamrock requests release from Dutra Asphalt Plant lawsuit.
April 19, 2011

Shamrock has filed a demurrer in Sonoma County Superior Court, arguing that they are not a real party of interest in the Dutra Petaluma Asphalt Plant case, got no approvals from the county to do anything on their land, and should be dismissed from the case.

They argue that Shamrock and Corto Meno Sand & Gravel in fact never agreed to be a part of Dutra's project, have no agreement to do so, and that any such inclusion in the Dutra project is incorrect.

Shamrock's claim shows that the County's EIR and Dutra Asphalt Plant Project approvals are patently inadequate because Shamrock never agreed to the Dutra Project that the County approved.

The conditions of approval require that Dutra's Asphalt Plant Project must be built on a portion of Shamrock's property which must be conveyed to Dutra's ownership, destroying wetlands required to be created as mitigation for the Shamrock project, and require Shamrock to be Dutra's exclusive supplier of rock and aggregate barged up the Petaluma River.

Dutra's original project design depended on barged deliveries of aggregate to Dutra's own river-frontage site. However, the barge and tug operations and mooring facilities were found to block the river's federally dredged channel, and impair navigational safety. Dutra's river-front barge landing site was also discovered by us to be located directly over two PG&E high-pressure 12" gas lines and PG&E easements, which are not buildable. Dutra had to find another solution to remaining a barge-accessed project and avoid truck-only deliveries. Their proposal, ultimately approved and mandated by Sonoma County's conditions of approval and CEQA conclusions, was to deliver all Dutra's aggregate through the adjacent Shamrock property and barge landing site, and deliver it to Dutra's site via a conveyor belt system that would cross directly through Shamrock's previous wetlands mitigation site.

When the Supervisors asked county staff if there was an agreement between Dutra and Shamrock, they - erroneously - assured the Supervisors and the public that there was, or would be an agreement between Dutra and Shamrock to use Shamrock's facilities as part of the project, including a transfer of property to Dutra for the conveyor belt system and construction, and wetland mitigations for the conveyor belt. Shamrock registered no objections to the Supervisors' final approvals in December 2010.


Either Shamrock isn't a participant in the Dutra Project despite the County's requirements and assurances, or Shamrock will need to have a full environmental review of the alterations to its site, operations, permit and wetlands in order for the Dutra Project to proceed. Either way, the Dutra project should finally come to a complete stop.

For the complete court case details please click here:
Part 1 Case No SCV-248948
Part 2 Case No SCV-248948

To read the article in the Petaluma Patch, please click here

White Swan Rummage Sale April 17!

Next Sunday April 17, we are hosting a booth located at the Mail Depot. Our goal is to raise more funds to further support our legal battle against Dutra Apshalt Plant. We are looking for sellable donated items and a few volunteers to help staff the booth on Sunday. . Thank you for your continued support.

Regards,

Save Shollenberger Fund Raising Committee

Contact: saveshollenberger@gmail.com

kayec@sonic.net

707-280-0291

FUNDRAISING: OUR MISSION TO SAVE SHOLLENBERGER

MARGIE HELM - CITIZEN OF THE YEAR RECEPTION (APRIL 3^rd)

WILL RAISE FUNDS FOR FRIENDS OF SHOLLENBERGER

After actively participating in the County's review and approvals process over the past three years, the City of Petaluma, several community organizations including the Petaluma River Council, Friends of Shollenberger Park, Madrone Audubon Society and Petaluma Tomorrow, along with thousands of individual citizens are frustrated and disappointed that the Dutra Asphalt Plant was approved by County Supervisors in a 3-2 vote.

The Plaintiffs (The City of Petaluma, the community organizations listed above, and several individual citizens) have exhausted all other remedies with the County, and are now seeking judicial review of the approvals process and the impacts of the project itself.

See articles in the West County Gazette summarize the lawsuit and its strength.

http://www.sonomacountygazette.com/wcg201102_index.html

http://sonomacountygazette.blogspot.com/2011/02/dutra-asphalt-plant-challenged-in.html

http://sonomacountygazette.blogspot.com/2011/03/friends-of-shollengerber-park.html

Funding the legal battle to save Shollenberger is our next challenge. There are many ways to contribute and enjoy our community’s energy and commitment at the same time.

Mark Your Calendars and Join Together!

#1 Help Raise Funds to Protect Our Park

Honor Margie Helms Petaluma Citizen of the Year

Reception at Zocalos Restaurant

APRIL 3^rd SUNDAY 3-5 PM ($15 suggested Donation)

Sangria and snacks

3120 Lakeville Highway, Petaluma

Stay for Dinner and Zocalos will donate a % to Friends of Shollenberger Park

#2 SAVE THE DATE JUNE 14^th

LAGUNITAS BEER GARDEN PARTY & BENEFIT CONCERT

ENTERTAINMENT

RIVEREENS

FOXES IN THE HEN HOUSE

PLUS

Three Legged Sister

Gabby Lala

Guillermo Garcia

6 PM DOORS OPEN

ALL AGES $20 VIP $100

How to Donate

IT’S AS EASY AS 1, 2, 3!

1. WRITE A CHECK TO: OWL FOUNDATION, memo, Friends of Shollenberger

(tax-deductible)

2. CLICK DONATE (in upper right hand corner of website) TO LINK to the

O.W.L. FOUNDATION, our umbrella 501(c)3

( tax- deductible) or click HERE.

CHECKS can be made out to Friends of Shollenberger Park (these are not tax deductible) OR to O.W.L. Foundation (tax deductible!)

MAIL ALL CHECKS TO:

Legal Defense Fund

Friends of Shollenberger Park

P.O. Box 2114

Petaluma, CA 94953

WHY TO DONATE:

1. Shollenberger Park and the Petaluma Wetlands are in danger of degradation by the proposed Dutra asphalt factory and associated 147,000 truck trips a year.

2. Legal action can challenge the Sonoma Board of Supervisors 3-2 vote for the project and protect the environment.

Zoning changes, General Plan Amendments, and building permits can be stopped – but it will take your commitment and your financial support.

3.Our top legal team of CEQA attorneys will save the day for our park, our wildlife, our air quality, and our vision for a healthy Petaluma for tomorrow – give to the Legal Fund to Save Shollenberger today!

Don’t wait, this appeal is time sensitive, as sensitive as the eco-system of the Petaluma Wetlands, as sensitive as the developing lungs of our children. Every donation helps and is gratefully received.

Friends of Shollenberger Park thanks you for your support! We welcome your participation and input.

ADOPT A WILD ONE!

PRESERVE and PROTECT
SHOLLENBERGER PARK

Choose one or more, only $20 each. Your sponsorship helps Friends of Shollenberger Park do the work to preserve these animals and their nests and burrows.

____ x $20= _____ River Otter
____ x $20= _____ Western Pond Turtle
____ x $20= _____ Red-shouldered Hawk
____ x $20= _____ Red-tailed Hawk
____ x $20= _____ White-tailed Kite
____ x $20=_____ Barn Owl
____ x $20=_____ American White Pelican
____ x $20=_____ Great Egret
____ x $20=_____ Great Blue Heron
____ x $20= _____ Ruddy Duck Family
____ x $20=_____ Cinnamon Teal pair
____ x $20=_____ American Kestrel (a falcon)

Subtotal: _____
Shipping: $4
Total: _____

Payment by check only. Make check payable to Friends of Shollenberger Park and send to :

Friends of Shollenberger Park
PO Box 2114, Petaluma, CA 94953

For each animal chosen,
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!

Name:________________________
Address:______________________
Town: ______________State:____
Zip: _______email:_____________
Phone: ________________

To download a .pdf version of the order form click HERE.

(Clockwise from top left: Great Egret, Great Blue Heron, Red Tailed Hawk, Red Shouldered Hawk, White Tailed Kite)

GIVE THE GIFT of the
LOVE and APPRECIATION
of LOCAL WILDLIFE

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.

(Clockwise from top left: American White Pelican, North American River Otter, Western Pond Turtle, Cinnamon Teal)

Adopt A WILD ONE!

PRESERVE and PROTECT
SHOLLENBERGER PARK
by SUPPORTING
FRIENDS of
SHOLLENBERGER PARK
through your
sponsorship of a BIRD,

a TURTLE, a RIVER OTTER and MORE!

(American Kestrel, Ruddy Duck)