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HomeMy WebLinkAboutAgenda Bill 3BLate5 10/19/2009Lit 3. From: Diane Reilly Torres [dreillytorres@sbcglobal.net] Sent: Thursday, October 15, 2009 2:15 PNI To: -City Clerk; Dave Glass; David .Babbitt; Eric' 'Danly; Brown, John; Mike Harris; Mike Healy; Parrs Torliatt;Brodhun, Scott; Teresa Barrett; Tiffany Renee Cc: corey.young@arguscourier.com; edanly@ci.petaluma.ca.us; jburns@arguscourier.com; Charter, Jeff; Jennifer Kirchner; jonlong@usa:com; Ju-ie Roseman; Kathy Bunion; kittykabana@yahoo.com; .Marcella; Michael Zenone; Moises Valesquez; Patricia Boyd; paul.payne@pressdemocrat.com; Spence F. Burton Subject: Fw: Late Document Item 36 Attachments: Wetlands-Maps.doc Please post Attachment and email as Late document thank you, Diane Reilly Torres Dear Mayor Torliatt, Councilmemers, City Manager and City Attorney, Please see below the email I sent Mike Cook 4 months ago regarding the definition of wetlands and the attached Maps (lower right corner says- City of Petaluma California Department of Public Works.) Apparently Mike Cook and Eric Danly did not have these with them on Oct 5, but the fact is they do exist. Perhaps you can ask Department of Public Works to print one for you of the Petaluma Wetlands. request that you ask what it will cost the taxpayers if this ordinance is passed as written (that would be #2 below) You should be able to get this information and quite frankly I can't understand why none of you have even asked. Every cent spent on euthanizing these cats comes out of our dwindling general fund. 1) The Council can choose to continue to euthanize stray/feral cats at a high cost to the taxpayers. Feral's are not adoptable so every one entering the shelter does not leave alive. Estimated Cost? Estimated Savings? ZERO 2) The Council can choose to do nothing. This would result in unvacinated, unfed, unspayed/neutered cats reproducing kittens. Cats can reproduce several times a year and kittens can reproduce as young as five months of age. The result will rapidly be an over-population of cats and in time the City will have a public nuisance, health and safety issue, ultimately resulting in mass eradication of cats by euthanization. Just 2 uncontrolled breeding cats can produce 12 cats in one year. Multiply that by 1/2 the yearly average number of cats brought into the shelter; would be over 900 cats. The cost of having an Animal Control Officer ($83 an hour) trap and bring in these cats and the cost to board the mandatory time period before euthanizing them would be staggering. Estimated Cost? Estimated Savings? ZERO 3) The Council can adopt a workable TNR ordinance. As irresponsible pet owners continue abandoning cats, volunteers trap them, have them vaccinated and fixed so they do not reproduce kittens like option #2, and eventually, like other animals, die a natural death. Estimated Cost? ZERO Estimated Savings? The cost to Trap/Board/Euthanize cats. Savings of reduced workload for Animal Control Officers and Shelter Staff. I am also requesting you not break the agreement ie contract the City made with the FF group. As you recall six months ago this item was pulled from the agenda + several of us met. with Mayor Torliatt the next day. The agreement we made. was there would be a facilitated round-table with all the>stakeholders and reach a consensus. This was rop msed by Mayor Torliatt and Ciry Manager Brown, It was not,only verbally agreed to but also in writing via emails. This never took place. If it had you would not be spending your valuable time~on this and quite frankly neither would I. City Manager Brown said he did not want this item coming back to the Council with any outstanding issues (so much for that). If the Ordinance has to be rescinded, the feral cat part bifurcated, so be it. So many lawyers have weighed in and one has offered to take this on as pro bong, I don't want to go there., Please, please, do the right thing and save the city time and money. Diane Reilly Torres --- On Wed, 6/10/09, Diane Reilly 'Torres <dreillytorres@sbcglobal.net> wrote: From: Diane Reilly Torres <dreillytorres@sbcglobal.net> Subject: Hi Mike, Per our conversation here is a clarification on the wetlands To: "Mike Cook" <mcook@ci.petaluma.ca.us> Cc: "Jennifer Kirchner" <neuter@sonic.net>, "'Susan Simons"' <susansimons@cdsl.net> Date: Wednesday, June 10, 2009, 5:23 PM Hi Mike, Per our conversation here is a clarification on the wetlands concession as far as the claim the 1/2 mile around the wetlands has been removed Diane Reilly Torres The current ordinance reads: Section 9.14.110 Permit for feral cat colony. C. There shall be no feeding of feral cats in or within one-half mile of the Petaluma Wetlands, located along the Petaluma River. The area covered by this section is bordered by the Petaluma River on thesouthwest, and Lakeville Highway to the north and cast; from the .Petaluma Manua tc~, ,uid including the Petaluma Holding Ponds. The proposed ordinance reads Section 9.14.110 Feral cat colony registration; trap, neuter, return, monitor (TNRM) program. D. Notwithstanding anything in this section to the contrary, feeding feral cats is prohibited and a public nuisance 1. In or within the Petaluma Wetlands. located along the Petaluma River. For purpose of this section, the Petaluma Wetlands, are bordered by the I'ctaluma'Rivrr un the south~ost, ,uld Lakeville'Highway to the north and east, aild the`lengthof thcPetaluma Wetlaiicl.~ i~ lr~~m the Petaluma Marina to;and including thePetaluma Holding Ponds. As you can read the no feeding of feral cats is the same area. Suggested wording Feeding offeralcats'is prohibited within the wetlandsin he City ofPetaluma. Wetlands. aredefined~in the City ofPetaluma'202> General Plan. As an FYI definitions -------------------------------------------- Petaluma General Plan glossary of terms, the definition of Wetlands is: An area at least periodically wet or .flooded; where the water table stands at or above the land surface (bogs and marshes). Also those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. State and Federal laws are similar California Wetlands Preservation Act wetlands are defined as: "...streams, channels, lakes reservoirs, bays, estuaries, lagoons, marshes, and the lands underlying and adjoining such waters, whether permanently or intermittently submerged to the extent that such waters and lands support and contain significant fish, wildlife, recreational, aesthetic, or scientific purposes." (Pub. Res. Code §5.812) California Wildlife Protection Act "wetlands" means lands which maybe covered periodically or permanently with shallow water and which include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, fens, and vernal pools. (Fish & Game Code §2785) Code of Federal Regulations -Title 40: Protection of Environment (December 2005) 40 CFR 230.3 (t) The term wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. [45 FR 85344, Dec. 24, 1980, as amended at 58 FR 45037, Aug. 25, 1993] The~Petaluma Wetlands Alliance(PWA), defines wetlands as "transitional zones between uplands and large bodies of water such as rivers, lakes, or oceans, where water tends to stand for prolonged periods of time. The main types of wetlands are swamps, marshes, and bogs which are best recognized by the their dominant plants: trees and shrubs, grasses or sedges, and mosses, respectively." NO FEEDING-FERAL CAT AREA 1VIAPS CURRENT MAP SINCE 2004 PROPOSED MAP CHANGE 2009 ~~~ VICINITY MAP ~~ ~_,~ ~. ~~n o, ~,~~M~: ~A~FOa~, oEPAa,ME~, of ~,~~~ wo.K T~~ERE i~ ~ (~ C l f :'~ ti' L ~ L Iii rTI-iES~ M:~PS DEFINITIONS QF WETLANDS Feeding of feral cats is prohibited within the wetlands in the City of Petaluma. Wetlands are defined in the City of Petaluma 2025 General Plan as "An area of least. periodically wet or flooded; where the water table stands at or above the eland. surface (:bogs and marshes). Also those areas that are inundated orsaturated by surface or groundwater°at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar~areas. " The Petaluma Wetlands Alliance (PWA), defines wetlands as "transitional zones between uplands and large bodies of water such as rivers;.. lakes,. or oceans; where water tends to stand for prolonged periods. of time. The main types of wetlands are swamps, marshes, and bogs which are best recognized by the their dominant plants: trees and shrubs, grasses or sedges, and mosses, respectively." VICINITY Iv1AP VI CI N iTY I~AP Current Ordinance + MAP' .There shall be no feeding of feral cats in or within one-half mile of the Petaluma Wet{ands, located at'ong the Petaluma The area covered by this sec is bordered by thee. Petaluma on-the southwest, and Lade to the north and easy on the ~'etalurraa-~~laa~ana to, a including the Petaluma`Holdl --, CITY OF PETALUMA - CALIFORNI DEPARTMENT OF PUBUC WORK MORE. DEFINITIONS OF'VNETLANDS California Wetlands Preservation.,Actwetlands are .defined as: ".:.streams, channels, lakes reservoirs, bays,. estuaries, lagoons, marshes,. and the lands underlying and adjoining such waters, whether permanently or intermittently submerged to the extentthatsuch waters and lands support and contain significant fish, wildlife, recreational, aesthetic, or scientific purposes." (Pub. Res. Code §581.2) California'W-ildlife Protection Act "wetlands".means lands which may be covered periodically or permanently with shallow water and which include saltwater marshes, freshwater marshes, open or closed brackish water marshes,. swamps, mudflats, fens, and vernal pools. (Fish & Game Code §2785) Code of Federal Regulations -Title 40: Protection of Environment (December 2005) 40 CFR 230.3 (t) The term wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation. typically adapted for life in saturated. soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. [45 FR 85344, Dec. 24, 1980, as amended at 58 FR 45037, Aug, 25, 1993. California Environmental duality Actor CEQA)- a rigorous review process that must be undertaken. Before a government agency can try to engage in widespread killing of animals. Ordinances Inconsistent with.a General Plan ® CEQA ,requires upon adoption of a Generale Plan or a Gene[al Plan Update all ordinances/municipal codes must be consistent with its General Plan. Any existing .ordinances inconsisterif with a General' Plan must lie-amended. by a municipality to comply with its,Gensral Plan. No ordinance of a municipality shalCbe inconsistent~with its_General Plan. ® Tlis Ciry of Petaluma's General PIan:2025 adopted May 2008 defines "Wetlands`' as an area at~ sast periodically wet orfloodsd; where the,watsrfabls stands at. or above the, land surface (bogs and marshes). Also those areas that are inundated or saturated:by surface or groundwaterat a frequency and duration'sufficient to support; and that Undsr normal ci~cumstancss do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes;: bogs; and similar areas. ® The' 2004 City of Pstaluma_Municipal Code.defines the Petaluma Wetlands as "Thearea covered by thissection. is bordered by the Petaluma Riveron the southwest, and Lakeville Highway to the north and east, from the Petaluma Marina to, and including the Petaluma.Holding: Ponds" (Approved by Petaluma's City Council 10-5-09) as well doesahe `proposed recommendation by the Animal Service Advisory Committee. No Committee;: Commission or Board shall Yecommend an ordinance to a Gry Council that is inconsistent with a city's general Plan.