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HomeMy WebLinkAboutAgenda Bill 3BLate6 10/19/2009 From: Denise Bligh [dlbligh@gmail.com] Sent:. Thursday, October 15, 2009 2:49 PM Toc -City CIerR; Dave Glass; David Rabbitt; Erie' 'Danly; Brown; John; Mike Harris; Mike Healy; Pam Torlia#t ,Brodhun, Scott; Teresa Barrett; Tiffany Renee; corey;yourig@arguscourier.com; edanly@ci.petaluma.ea.us; jburns@arguscourier.com; Charter, Jeff; Jennifer Kirchner;. jonlong@usa:com; Julie Roseman,; Kathy Runion; kittykabana@yahoo.com; Marcella; Michael Zenone; Moises~Valesquez; Patricia Boyd; pauf.payrie@pressdemocrat.com; Spence F. Burton. Subject: Late Document Item 36 Attachments: Wetlands-Maps.doc To Whom it May Concern, I am not a Petaluma resident but my husband and I have worked in Petaluma for thirty plus years. We are both opposed to this ordinance. Please' rethink you positions against feral cats. Thank-you, .Denise Bligh Cotati, Ca Please post Attachment and email as Late document thank you, Diane Reilly Torres Dear Mayor Torliatt, Councilmembers, City Manager and City Attorney, Please see below the email I sent Mike Cook_4. months ago regardigg the definition of wetlands and the attached Maps (lower right corner says- City of Petaluma California Department of .Public Works) Apparently Mike Cook and EricDanly did not have. these withthem on Oct 5; -but the fact is they do exist. Perhaps you can ask Department of Public Works to print one for you ofithe Petaluma Wetlands. I request that yo,u ask what'it vvi,ll, 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 euthanizng 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 ca_n chogse . to do nothing. This would result in unvacinated, unfed, unspayed/neutered cats reproducing kittens. Cats ca,n reproduce everal times a year and kittens can reproduce as .young as five months of age. The result wilJrapidly 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 numberof cats brought in to the shelter; would be over 900. cats. The cost of having an Animal Control. Officer ($83 an hou"r) trap and bring in these cats and the cost to board the mandatory time period before eufhanizing 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 th.e agreernent ie contract the City made with the FF group. As you recall six months ago this item was pulled from the agenda + seueral 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 miSed by Mayor Torliatt .and City Manager Brown; If was not:onlyverbally agreed to but also in writing"via email5. 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 doh'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 1E2eilly Torres <alreillytorres asbc~loba~net> wrote: From: Diane Reilly Torres <dreillytorres(cr~sbc~,lobal.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(a~sonicnet>; "'Susan Simons"' <susansimons(a,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 eats in or within one-halfmile ~f the Petaluma Wetlands. located along the Petaluma River. The~area covered hv~this ~ecti~n i~~ bordered b~~ the ['utaluma Riveron the southwest, and Lakeville,Highway to the n~~rth and east, from the Petaluma Marina to, and~includinglhe 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 wthin,the Petaluma Wetlands, located along the Petaluma River. For purpose of this section. the Petaluma W~tlanels; are vordered by he PetaluniaRi~~~r can the: ~uutl~~~~cst: and Lakeville',Highw~a~~ tc~ the n~~~`th andeast;~and~the len~~th~o~f thePetaluna Wetlands-is .from theYetaluma Marina to~and including the~'Yetaluma Holding Ponds. As you can read the no .feeding of-feral cats is the same area. Suggested wording Feeding of feral guts iti prohibited within ihr ~~ etlands in the City ~~fl ctaluizi~i. Wetlands are definLd in the City c~i~ Pctaluma2025Gcneral i'l;ul. 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 goundwater 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 Aet 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 §5812) California Wildlfe,,Protecton 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,. rriudflats, fens; and vernal pools. (Fish & Game Code §2785) Code of Federal Regulations - Title 40' Protection of Environmenti (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 imilar areas. [45 FR 85344, Dec. 24, 1980, as amended at 58 FR 45037, Aug: 25; 1993] TheFctaluma Wetlands r~llian~e (PVv~); defineswetlands.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." N(J FEEDING-FERAL CAT AREA MAPS CURRENT .MAP SINCE 2004 PROP®SED MAP CHANGE 2009 DEfINITIONS OF WETLANDS Feeding of feral eats is .prohibited within the wetlands in the City of Petaluma. Wetlands are defined in the City of Petaluma 2025 General Plan ,as "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:. " 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' MAP -~_.4 :. d r,. d. i 1' 5 t I / r ^ M~ a'?~ ~ • • O ~.~~• ~ a Q• S 2 y~ r •A_, W ® O •~ n...... U ._ rrrr_ ar. _ 3 ,l~Y. 1 > ~ --~ ~~ ~ ~ ~ ('~ ~ J; --°~- ~F F .. ... ~ .:.:..r' .. 0 ~. L :......._____.e-- ~~ -' ~1 ~ ~l_. ~ ~I ~~ __~=fir ~, ~ ~ 1I L , d ~, _ d > .. O ~ ~ U ~. Q> a ~' ~ ~ a c ~ ~ ~ *' ~- c ~ ~ _0 0 L 0 ~ ~ ~ ~z i tC ~ L (~ ~ V O } ~~J' ~ ;~ i rr-=~ ~r~ l~ ~ ' _a , ff J l~ s~~-: _ ~, ° ~ < ~ n f~ ' 1~1~ . < I n l r- ,~ --~-~-,~,` ~~ ,, .~., o ~ ~ ,~ > ~ a. (L' - . ~ C ~ _~ ~ ~ ~ ~_; ' ~ O ~ ~ ~ ~ $ ~ ~ ~ ~ w ~ N ~ ~ ~ ~ ~ ~ u ~ ~ c ~ ~ ~ ~ g ' ~ `~ ~ ~ ~ y ~ ~ ~ ~i ~ © ~' r. ~ ~ ~ + ~ ~' ~ ~ . ~ 0 ~ d.+. . O = .. ZY s °C .,0~ =3 a~ vm ;' a d 11 /, 3 0 i' ~ z i ; w ~ a ~ r ~` \fi ~ O Q 1 ~w '\,e V D ,,1 ~\ VICINITY MAP ~ _ ,_ ,- '.., ~_ } x t T m _ _ a~~ a -. ~_.w, .,~~ _~ Proposed Ord + Map, Notwithstanding anything in this section'to t feeding feral cats is prohibited and a public nuisance 1. In .or within th :Petaluma Wetlands #ocated al ng the PetalumaSRiver, e I F ~' I ~, I -. 7 and the length of the ~ i_ ~._~ - Petaluma Wetlands is from ~' ~ ~ __ c / _ ._._ the Petaluma IVlarina to and including ~~,-,^a~~~,~ -- ~'~ < .~ ~ >'~ ,, .~-c ._ ~ I'v-'~._ , the Petaluma holding ponds. MORE DEFINITIONS OF WETLANDS CITI' OF PETALUMA - CALIFORNI DEPARTMENT OF PUBLIC'WORK California Wetlands Preservation,A. ct 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, orscientific purposes." (Pub. Res. Code.§581.2) California`Wildlife 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 QualitYAct or CEDAI- 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 ofa General Planora General Plan..Update allordinances/municipal codes must be consistent with its General Plane. Any existing ordinances inconsistent witha .General Plan :must be amended by a municipality to complywith `its General Plan. No ordinance of a municipality shall' be inconsistent with its General Plan. ® The City of Petaluma's General Plan 2025 adoptetl':May 2008 defines "Wetlands" as an area-at least periodically wet or flooded; where the water ta61e stands,at or above the land surface (bogs and;marshes) Also those areas that are'inundated or saturated by surface or gtouridwafer at a frequency and duration sufficient to support, and that under normal'circumstances do support, a prevalence of'vegetatign typically adapted for life in saturated soil conditions: V1letlands,generally include swamps, marshes; bogs, and similar areas. ® The 2004 City of Petaluma Municipal Code defines the Petaluma Wetlands as "The.-area covered,by this section: is bordered by the Petaluma River on the southwest; and Lakeville Highwayto 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 doesthe proposed, recommendation by the Ariimal Service Advisory Committee. No Committee, Commission or Board sha44 recommend an ordinance to a City Council that is inconsistenYwith a city's general Plan.