Petaluma Tomorrow

Open Government • Responsible Development • Watershed Protection

dutra

PT Special Notice: Dutra and BoS Brown Act Violations

by

Press Release Regarding Dutra Asphalt Plant

SONOMA COUNTY COUNCIL DENIES CLAIMS OF BROWN ACT VIOLATIONS BY BOARD OF SUPERVISORS, DECEMBER 14, 2010 IN AGENDIZING AND APPROVING THE DUTRA HAYSTACK LANDING ASPHALT PLANT, PETALUMA AND REFUSES TO PROVIDE ANY ‘CURE AND CORRECT’ AS REQUIRED BY THE BROWN ACT.

Last Wednesday (February 2), the Sonoma County Deputy County Counsel, Jeffrey Brax, sent a letter (attached, “SCAN2976”) describing a decision made in closed session yesterday, Feb. 1, by the Sonoma County Board of Supervisors.  The letter denies claims made by the City of Petaluma, Petaluma River Council, Friends of Shollenberger Park, Moms for Clean Air, Petaluma Tomorrow and a group of individuals, that the County Board of Supervisors committed any violation of the Brown Act, California’s Open Meeting Law on December 14, 2010.

We find it both frustrating and very saddening that our new Sonoma County Board of Supervisors, with the misguided advice of County Counsel, has decided on a very narrow and cramped reading of both the letter and spirit of the law of the Brown Act and case law cited.

We strongly support the concepts and effective engagement of the public by and with our government, as described in the Brown Act’s preamble:
“The people do not yield their sovereignty to the bodies that serve them, and insist on remaining informed to retain control over the legislative bodies they have created.”

While we do not have access to the actual thoughts and considerations of the five supervisors, we had hoped that the new supervisors would have taken a significantly different view of effective and meaningful public engagement than had been demonstrated over the past four years by the previous supervisors.  We had hoped that they would have granted the public a new public hearing and the opportunity to comment on hundreds of new pages of documents, including a purported “new Final EIR” provided at the last minute prior to approving the contentious Dutra.Asphalt Plant project on Dec. 14, 2010.

We are weighing our options, and will decide what is best for the community and the environment in the near future.

For additional background information review the press release issued December 14, 2010: Dutra’s Double Document Dump; County Counsel’s Double Cross.

More supporting documentation:
Letter from County Counsel, demanding cure of Dutra violations
Exhibit A (Mitigated Impacts) to Resolution Making and Adopting a Statement of Overriding Considerations
Exhibit B (SU Impacts) to Resolution Making and Adopting a Statement of Overriding Considerations
Exhibit C (SOC) to Resolution Making and Adopting a Statement of Overriding Considerations
Exhibit D (Alternatives) to Resolution Making and Adopting a Statement of Overriding Considerations
Exhibit E (Conditions of Approval) to Resolution Making and Adopting a Statement of Overriding Considerations
Resolution Certifying the Final EIR for the Revised Dutra Haystack Landing Facility
Resolution Making and Adopting a Statement of Overriding Considerations

PT Update: January 21

by

City Council Meeting – Monday, 7:00 P.M. January 24

A key item of interest at this meeting will be City Council Liaison Appointments. At the January 3rd meeting Mayor Glass presented a win/win recommendation for appointments. The gang of three – Healy, Albertson and Harris blocked movement on the recommendation because Harris did not get appointed to the SCTA. Of particular note was Albertson’s vote against the recommendation despite having received all of his individual appointment requests. This behavior clearly signaled that H/A/H are going to be uncompromising – our own local party of no. They have an opportunity this meeting to show us differently when the appointments are discussed again at this meeting. The full agenda can be viewed via the City’s website and Granicus. Look at item 4, Unfinished business.

Please welcome Jaimey Walking Bear to the Board of Petaluma Tomorrow. Jaimey brings a history of community service and political activism to the Board as well as needed skills in social media. Jaimey has been instrumental in updating and revamping the Petaluma Tomorrow website.

Thank you to Board member Bill Phillips for Chairing the campaign to defeat Measure U. Bill Chaired Petalumans for Clean Water and Fiscal Responsibility’s efforts which led the successful opposition to the irresponsible efforts of Bryant Moynihan to pass Measure U in 2010, and led the PCWFR door hanger campaign that helped defeat Measure K in 2008. Bill’s efforts help the city avoid the inevitable bankruptcy of the city had either of the measures passed.

Petaluma Tomorrow a Plaintiff in Suit to Stop the Dutra Asphalt Plant

Petaluma Tomorrow joined with the City of Petaluma and several community groups including the Petaluma River Council, Friends of Shollenberger Park, Madrone Audubon Society and Moms for Clean Air and individuals in the suit to stop the building of the Dutra Asphalt Plant. The plant was approved by the Board of Supervisors.

The decision to become a plaintiff was a logical next step in PT’s active opposition to the plant over the past several years. PT funded 70% of a full page add in the Argus opposing the plant and has contributed additional monies and participated in strategy meetings since 2009. Our activity and participation in the suit is in keeping with a key objective for 2011 and with protection of a sustainable watershed as part of our mission. The law suit was accompanied by a letter demanding a cure to several breaches of the Brown Act regarding the plant. It points out how the BOS operated with little regard for the basic fundamentals of open government.

Click the images below to download the letter to the BOS and the full text of the law suit: