Dear Friends of Shollenberger

Shollenberger Park and the Petaluma Wetlands are local treasures. Here we enjoy communion with friends, family; birds and the outdoors. Here we exercise and find inspiration. Friends of Shollenberger has worked tirelessly for five years to preserve and protect this sensitive wetlands habitat from the threat of Dutra’s asphalt factory.

We’re writing to ask you to help protect Shollenberger Park by including us in your annual giving plans. Please dig deep and make a donation to Friends of Shollenberger today and help preserve our beloved Shollenberger Park.

What has Friends of Shollenberger (FOS) accomplished in 2012 to benefit our community?
• Friends of Shollenberger alerted the U.S. Army Core of Engineers of the planned legal appeal and thus delayed Dutra’s permit processing.
• Filed a legal appeal in San Francisco Appellate Court to challenge Judge Chouteau’s (Dec. 2011) decision to side with Dutra and Sonoma County Board.
• Coordinated the coalition of plaintiffs: Moms for Clean Air, Petaluma Tomorrow, Madrone Audubon Society, The Petaluma River Council, and individual citizens. Rallied The City of Petaluma to join the appeal.
• Hosted The Shollenberger Shindig 2. We raised funds to pay our legal appeal bills while having a great time together.

As one supporter put it: This is not a sprint, it’s a long distance run.

Our community has the stamina and the dedication to go the distance. Please help protect Shollenberger Park from the impacts of the Dutra asphalt factory by donating today.

Donations are fully tax-deductible and can be made via check or credit card using our secure DONATE link on saveshollenberger.com

Wishing you all a happy, healthy and green New Year’s 2013!

Joan Cooper
David Keller


Checks may made out to :
O.W.L Foundation (Friends of Shollenberger)
c/o Greg Reisinger, Treasurer
521 Howard Street
Petaluma, CA 94952

Click Here to make an online donation.

Final Appellants' Reply Brief filed in Court of Appeals

Press Release
Thursday, September 27, 2012

Final Appellants' Reply Brief filed in Court of Appeals
City of Petaluma, et al., v. County of Sonoma, The Dutra Group, et al.

The final Appellants' Reply Brief has been filed in 1st District Court of Appeals on Tuesday afternoon, Sept. 25, 2012

This is the last filing of briefs in the appeal of Sonoma County Superior Court Judge Chouteau's decision in the suit against the County's approvals of the Dutra Asphalt Plant adjacent to Shollenberger Park just south of Petaluma. The plaintiffs have filed the Appeals Brief and the County and Dutra filed Opposition Briefs.

The date for the trial at the Court of Appeals is still somewhat in the future: the Court of Appeals may take several months before actually setting the trial date, and the trial date could be as much as a year from now.

The Plaintiffs believe that we have a very strong case on appeal, focusing on several of the trial issues and rulings.

1. The Dutra properties are in the flood plain, and were improperly rezoned from commercial to industrial use.  This is a direct violation of requirements of the Sonoma County General Plan.

2. The Dutra asphalt plant Project is not river dependent, yet were approved despite this basic inconsistency with clear requirements of the County's General Plan.

The Project depends on receiving shipments of aggregate and sand from the adjacent Shamrock operations, initially by truck for up to 3 years, then delivered by a conveyor belt.

Yet Shamrock has continually insisted that they have no interest and no agreement to provide aggregate or sand to Dutra. The County cannot compel Shamrock to do so.  The Dutra Project has no feasible river barge access themselves (due to navigational hazards and existing high pressure gas pipelines), so deliveries would only be by truck.

3. The air pollution emitted from the Dutra Project were inaccurately calculated by the County and Dutra, by using the wrong baseline for emissions.

The pollutants discharged from the closed temporary Dutra asphalt plant almost a mile away were wrongly credited against the new plant's pollutants. This artificial 'baseline' makes it seem as if the new levels of pollution and their impacts would be lower.

4. The Final EIR did not accurately describe the final revised and County-approved Project, nor properly analyze and address its impacts, particularly the use of the Shamrock property and its aggregate supply methods, traffic, air quality, worker health, and wetlands impacts. The County refused to circulate a Revised EIR. The public was deprived of its right to examine and provide comments to the Board of Supervisors before they made any decisions on approvals.

5. The County violated the Brown Act by refusing to allow the public to speak about the revised Project at the final hearing of the Board of Supervisors.  Despite the last minute release of a series of new Project changes, reports and a new Final EIR, the public was silenced.


We are optimistic about the judicial review that will come from the Court of Appeals. We look forward to the trial. We are determined to safeguard the health of our residents, businesses, visitors and wildlife. Many people and businesses have come to enjoy and benefit from Shollenberger Park and the increased use of the Petaluma River.

The Dutra Asphalt plant should never have been proposed for the Gateway to Petaluma and Sonoma County.  We are grateful to the overwhelming support from our community in this challenge.  We appreciate the City's participation in the original lawsuit and this appeal.

One final note: While most all Petaluma City Council members have strongly supported going forth with the appeal, we are aware that some people have wavered, citing the city's costs.  Most recently, City Council candidate  Kathy Miller told SCCA in interview that she would not support continued city participation in the lawsuit and appeal.  This position is unmerited, as it fails to recognize the generous donation of $5000 from Moms for Clean Air to the City towards the costs of the appeal, and the pledge of another $5000 from Friends of Shollenberger.  If the City were to adopt that position and leave the appeal, there  would be no chance for the City to recover its legal costs when we win.

We are proud of our community, both in and beyond Petaluma, for its strong and continued support. We have borne the lion's share of the costs of the case, and are looking forward to our victory.

Click here to download the full text

Roblar Road Quarry Petition Decided in Favor of The Plaintiffs!

This is an important victory in support of the neighbors of the Roblar Road
Quarry, challenging the Board of Supervisors' approval of this miserable
project.

From attorney Matt Molland: "Yes, approval is denied. The Board must
reconsider on four individual issues, including testing of the landfill and
approval ofthe use of Open Space for the mitigation of endangered species.
.. we expect the developer and  County to appeal.

We received the final decision from the court today granting our petition to
set aside the County's approval of the Quarry."

Michael E. Molland
Morgan, Lewis & Bockius LLP

Click here to download the decision

It’s A Wrap!

Shollenberger Shindig 2
June 12, 2012
Lagunitas Beer Sanctuary

Over 350 people turned out to support Friends of Shollenberger at the Second annual Shindig  last Tuesday evening.

The goal to raise funds to pay the legal costs to appeal the Dutra asphalt factory approval exceeded expectations!

Many thanks to everyone who bought tickets, especially Duck Brigade Boosters, partied for the park, donated and to make  this a wonderful evening of community networking and fun.

Katie Freeman of The Incubators set the tone for a great party, playing on the stage in the Food Court. Thanks to Katie and her band, the atmosphere there was like a festival. Seated at the long tables, people gathered and ate the delicious food served up by five food carts: MugShot, Pizzeria Rosso, Awful Falafel, Yum Yum Trolley, and Taqueria Santa Cruz. Thanks to these wonderful purveyors of delicious food for serving our community!

On the Main Stage in the Beer Sanctuary, Gabby La La and The Ukulady opened the show with their Kit ’n' Tenders ukulele duo, while kids hula hooped or listened in fascination to the music. The inimitable Peter Welker Sextet performed next, filling the space with world  class jazz. Singer, Deborah Winters’ performance was mesmerizing. Closing the show as night fell, was the beautiful f Elaine Lucia, singing her original songs with her new band, The Elaine Lucia Group. MC Jason Davies thanked Elaine for her wonderful performance – what a treat to hear Elaine sing in person.

In between the music , Jason Davies introduced several speakers.  Each spoke about protecting Shollenberger Park form the Dutra Asphalt factory. We heard from former Mayor Pam Torliatt; Mayor Dave Glass, representing the city of Petaluma; and  Kristine Weeks, representing Camelbak.

Present in support of Friends of Shollenberger were Council members Teresa Barrett, Tiffany Rene, former mayor of Rohnert Park, Tim Smith, and Congressional candidate Norman Solomon.

Our generous Underwriters made this event a super success – many thanks to:
The O.W.L. Foundation, Petaluma Tomorrow, Camelbak, Azure (town homes,)  The Medicine Shoppe, The Out West Garage, Hill Park Medical Clinic, Tom & Carol Isaac, Chris & Lisa Dobson, and Chroma Graphics. Our gratitude to Lagunitas  is boundless for the wonderful welcome and  hard work of Don Chartier,  and the generosity of the founder of the company, Tony Magee.

MANY thanks to the wonderful artists and numerous local businesses that donated to the Silent Auction items and also provided food and drink.  (See Program for full listing.)

THANK YOU to all the volunteers who made this event the best night of the year for the environment in Petaluma!

Petaluma you are the greatest community to live and work in !

SAVE SHOLLENBERGER!

Joan and Kaye
Shindig 2 Chairs

NEW LAWN SIGNS AVAILABLE IN 4 COLORS    $10 DONATION ( suggested)
TOTES AVAILBLE WITH FOS LOGO EMBROIDERED $15 DONATION

CONTACT : saveshollenberger@gmail.com for order/delivery

SHOLLENBERGER SHINDIG 2

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 & Deborah 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)

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 $9900 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 $1649.46 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

CHALLENGE GRANT MATCHED!! 2012 FUNDRAISING CAMPAIGN ON ITS WAY

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 12^th  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/

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

Hands Around Shollenberger

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

Council Joins Community To Appeal Dutra Approval

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 $10,000 to help defray  the City’s  legal costs of the appeal. With the estimate from the City Attorney of a maximum of $18,500, 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

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

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

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.

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' $4 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