Loading...
HomeMy WebLinkAboutAgenda Bill 6.B-Attch10 05/17/2004Borba, f're.ne rom: Liam. Davis [LDAVIS @dfg.ca.gov] ent:, Monday, May 10, 2004 4:05 PM To: Susan -kirks Cc: Allan. Beckmann; Kathy Geary,; Scott Wilson Subject: Fwd: Paula Lane Subdivision Petaluma (two letters) LLJ Paula Lane Liam Davis4.vcf ubdivislon Petalum,, (247 B) .Hel'l'o ,Ms: Kirks Thank you for your'phone call 'message today and also understanding that my workload is quite busy. 'I appreciate that,.. Attached,below are two electronic signed letters, that the Department of Fish and Game (DFG) recently. MAdI ed the Paula Lane Subdivision. One is addressed to Irene Borba, City of Petaluma Planning Department, and the other letter is addressed to you. These two letters have been mailed hardcopy to you. The app`l,cant has agreed to avoid impact to badgers on site by hiring a mammalogist, recognized by DFG, of having the expertise to do burrow exclusions if necessary. I know the bi.ologisit's abilities as .I have studied under him. Also, there will be another badger. presence /absence survey before any construction activities to ascertain that no impacts will occur. I hope this action by DFG•gives you confidence that we are.concerned about wildlife m anagement and protection in California. Thank you for your input. Sincerely, Liam H. Davis Environmental Scientist Habitat Conservation Planning Department 'of Fish and Game P.O. Box 47 Yountville, California 94599. 707- 944 -5529 office 707 - 944 - 15:563 fax 707- 477 -6819 cell ldavis @dfg.ca.gov 9 1 o f Crump, Katie From: Bruce Couch [bruce @bodiegroup.com] Sent: Friday, May 07, 2004 5:20 PM To: cityrngr; daveglass @comcast. net; mike4pet @aol.com; petalumamike @aol;com; redhavv-ks @sonic.net Subject Paula Lane development To whom it may concern, I'm a resident of West, Petaluma near Paula Lane. I oppose development of the outlying areas of Petaluma (including the Paula Lane are a) and favor higher density development near the town center. Please do not allow the Paula Lane development to ;go through. Thanks,. Bruce. Couch 512 Upham Street Petaluma, 'CA 94,952 707 763-4800 • 1 Borba :Irene om: Skypasture @aol.com enf Friday, May 07, 2004 4:12 PM To citymgr; daveglass @comcast.net; redhawks @sonic.net Mike4Pet @aol.com; Petal umamike @aol'.com, Ptorliatt @aol:com Cc: pselinger @earthlink.net; Moore, Mike; Borba, Irene Subject: email from concerned Sunset Drive resident re: Paula Lane proposal Dear Mayor, Mr. Bierman, and Council, Today, I picked up from city planning photocopies of new information related to the proposal for development at Paula Lane /Sunset Drive. With the information was the copy of the email from Mark Kimerly of 140`7 Sunset. When Mr. Harris visited with our neighborhood last. Saturday morning, he mentioned he had received one email in favor of the development proposal from a concerned Sunset Drive resident. I would like to thank Mr. Harris for his kindness in portraying this email. Until today, I had no idea about the content or anger a's'sociated with it. It wasn't a signed email, but I recognized the email address, as this gentleman had requested via email to me to be placed on our neighborhood organization email list for updates and information. Mr. Kimerly requested copies of voter ' registration cards which I had and offered to give to residents. He refers to "...the main woman—she emails us constantly, signing off with the word 'Peace.' She sends out messages to all of the neighbors telling us to call, write or email you, and telling us just what to say to you and on what grounds we are to base our opposition to the proj'ect:.:" Before ema this, relates, iih •I'feel is important, given the type of impression this addressing wish to state he refers to "the main woman," which could be , although I've not met Mr. Kimerly personally but he mentions trespassing on people's property and walking dogs I have never met Mr. Kimerly and do not trespass on others' property and do not own any dogs;. I also have never signed an email "Peace." There appears to be some confusion. There also appears to be anger and I f eel just terrible that someone who has moved into this neighborhood has such feelings: I: know you all are probably accustomed to being personally attacked in your role with some vehemence, but'for me, quite frankly, this is a rather new experience and my skin is probably a bit thin. I know what it feels I' ke,to be angry., as I' wrote some letters of outrage and my neighbors and • I expressed anger and outrage in the early stages of the development proposal for the Paula Lane property. As' you are probably aware, as a neighborhood organization we have proceeded cautiously and, hopefully, diligently over the last three years. As a group, we have avoided the personal attacks,, namecalling and newspaper fights that.have characterized some other experiences, of.developers, neighbors and government officials in Petaluma. We believe this approach is very important and represents who we are as a neighborhood. I believe you are also-aware the issues involving the Paula Lane proposal are multiple and complex. Describing the property as "nothing more than a vacant field" reflects a environmental nonreading of legal, r onmental and policy issues. In our °neighborhood meetings, which Mr. Kimerly has never attended, we discuss these and try to understand issues. Many neighbors ask for direction f =tom others as to delineating the'legal and environmental issues when contacting council members, Supervisor Kerns and Mr:. Bierman. We want to make the best use of our time and not take up too much of yours. We want to help the property owners realize their desire to ;sell the property while, at the same time, create a plan at wou help the county, :the,c•ity in terms of revenues, and. the greater Sonoma County d Petaluma community. While we have been strongly opposing the proposal for development on Paula Lane, we have also been pursuing the path described above. 1 I believe Mr. Kimerly's reference of "She emails us constantly... she, sends out mess,ages ... tel.ling . us to call, write or email you ... telling us just what to say..." must refer to two organized efforts. One is. a piece of paper containing ,c:ity council and mayor phone'##Is and email addresses,. with 3 areas of themes that can be highlighted in addition to whatever anyone wants to say regarding 'the -proposed development., • Ironically, I believe Mr. Kimerly used the very list provided to him by the neighborhood. organzation.to address his email to you. As an organized neighborhood, it is our intention to be in touch with you this week and next, expressing whatever people want to express. Another instance,, at the request of another neighbor, is an email sent with an example of what other people are writing - as this is new for most of us and many people are unsure of what to say inan email.- with the simple wo.rdi =ng of how -a person feels (the majority of people in our group are opposed to the development proposal) and opposition to the annexation and General Plan amendment if.that is people feel. I realize it is not even necessary to respond, to this type of vehemence and personal attack, but it is important to that you receive information and hopefully are able to _ form an understanding of the `facts in this situation. It is very disturbing to not only me, but others in the neighborhood who have read the email, that a person writes about kowtowing to the "pressure of a few chronic malcontents who would spend their time protesting anything that comes along.." We think you are aware, as a neighborhood that has or- gani,zed., this does not character%ze our approach, nor' does it 'characterize our reasoning and actions with regard to the'property;at `Paula Lane and Sunset Drive.. 8 I have phoned Mr. Kimerly and left.a phone message for him with the request to meet him personally for the first time and .perhaps establish some type of communication - as a person who lives in the community. I only know him from his request to me via email to be added to our email list for updates on the, situation. He and his family moved here. about 2 months ago. I thought neighbors in his immediate area had extended';themselves_ to him and his family, but I'm unsure if this actually has occurred. It must be terrible to feel like one lives. in a community 'where now we fear retribution" for expressing his opinion. For the record,, of the 28 property owners in the immediate county portion of Paula Lane and Sunset Dr die, 21, are members of the neighborhood organization, supporting an opposition: °to the proposed development. 2 others are not official members, but are known to. oppose the proposal.. Mr. Kimerly appears to express support for the pr-,oposal. We know of 1 other owner in the 'area who might be in favor. The other 4:are unknown to us. Thank you for. considering the information in this message, Sus'an.Kirks, Paula Lane Action Network 4 May 10, 2004 Ms. Susan Kirks,, Member Paula Lane Action Network (P.L.A.N.) Post Office Box ;2903 Petaluma, CA 94,9'53, Dear Ms. Kirks: Proposed Paula Lane Subdivision Petaluma, Sonoma County The Department of Fish and Game has received and reviewed your March 24 2 <004 - letter concerning the proposed Paula Lane Subdivision project: Your letter specifically concerns the welfare of badgers occupying the project site. As you are aware, there is'mudh, discussion- between your group, Paula Lane Action Network, and the applicant, Mission Valley Properties, concerning whether there are documented badgers on the project • site. Both your group and the applicant's consultants have produced documents refuting each other's opinion as to whether or not badgers inhabit the proposed project site. Before reading your letter, Liam Davis., of my staff, met on -site with both'the Petaluma City Planning Department and Mission Valley Prope - rties representatives, on 'March 25, 2004, to discuss badgers as well as other biological resource issues associated with the proposed project.. Because DFG is identified as a Trustee Agency pursuant to the California. Environmental Quality Act (CEQA),'Section .15`38 and is responsible for the conservation, protection and management of the iS,tate;'s biological resources, we make recommendations using the best information for a management decision regarding badger presence or absence on the proposed development site. As 'we sated, DFG is concerned about the, differing silubmi.tt survey conclusions concerning badger presence- /' absence on the proposed Paula Lane subdivision area. We have determined, that it is possible that some of these differing opinions resulted because of the transient nature of this animal. Outside of the breeding season,, this animal is quite mobile at abandoning and digging new temporary burrows through-one season. Ms. Susan Kirks May 10, 2004 Page 2 At the. site meeting, DFG informed both the City and the applicant that, they will need to consult with a field . mammalogist, recognized by DFG, to survey for badger ,presence at Paula_ Lane. If badgers are documented on -site, we will request a s.ummari:zed report, for our review and comment, regarding a proposed badger exclusion project at Paul'a`Lane. We� further stated that a badger exclusion project design `would need to avoid harming any on -site badgers. Also, an ; immediate pre- construction badger survey would need to be performed. before the actual grading of the site. Also at the meeting, DFG provided names of biologists who are capable of doing this work or could recommend a capable biologist that DFG. would recognize. Recently, the applicant has reta;ned.Dr. Tom Kucera. Mr. Davis has consulted several times with Dr. Kucera in designing the badger survey and exclusion study. Enclosed is a copy of our May 10, 2004 letter to the City which summarizes all of our biological resources issues concerning tt°i,s.project. We hope these actions alleviate,your concern for the badgers' welf;are,at Paula Lane. Thank you for your letter. We appreciate your concern for our State's wildlife resources. If you have any more comments or questions, you may contact Mr. Davis, Environmental Scientist, at (707) or Scott Wilson, Habitat Conservation Supervisor, at (707) 944 - 5584. Sincerely, Copy; ox signed by Cindy Catalano Robert W. Floerke Regional. Manager Central Coast Region Enclosure CC: Tom Kucera, Ph.D. 22 Reservoir Road San Rafael, CA 94901 e:: Davis, Wilson, Buckmann a LD /kg May 8, 2004 City Council Members and ;mayor City of Petaluma, CA Re: Kleinfelder Peer Review Report of Avian Impact Study- Paula, Lane I have received the above report reviewing my initial avian assessment of the .proposed Paula Lane subdivision development. I have since moved out of Sonoma county since I presented my statement of professional opinion, and have not been able to conduct the surveys that I suggested. I would however like to defend against the claims made by William Goggin, for the public record. I stand by my assertion that the development may. impact the resident and migratory bird populations on these , parcels. I believe further study is needed during the' breeding and migratory season to best estimate the population size and density of avian communities that exist in the area. I disagree_ that leaving 3 oak trees would' provide as Mr. Goggin states, "some high quality - passerine nesting ,habitat," Many passerine species listed on the Paula Lane Bird list require not only the trees but the adjdmi ing open space habitat for shelter, food and nesting capacity. If you have any further questions I may be contacted at the address 'below, or email: heat herhowitt @hotmail.com, work phone :. 760.451.0776. Sincerely, Heather Howitt Avian Biologist 2648 N. Stagecoach Lane Fallbrook CA 92428. cc Paula Lane Action Network. State of California - The Resources Agency ARNOLD SCHWA_ RZENEGGER Governor DEPARTMENT OF FISH AND GAME http: / /www:d#g.ca ciov POST OFFICE 'BOX 47 YOUNWILLE, CALIFORNIA 94599 (707) 944 =5500 May 10, 2004 . Ms. Irene, .Borba City of Petaluma Planning Department .Post Office Box 61 Petaluma, CA 94952. Via fax (707) 778 -4498 Dear Ms. Borba: Paula Lane Subdivision, 4,31 Paula Lane, Petaluma, Sonoma County On March 25, 2004, a site visit was conducted on the subject proposed Paula Lane Subdivision project. Attending were you,t representing the City of 'Petaluma Planning Department; Liam Davis., Department of ,Fish and Game (;DFG`) and M.art,i Buxton, Mission Valley Properties. The purpose of the meeting was to reach final agreement on the biological resource issues associated with the Propo.s.ed project. DFG iS identified as .a Trustee Agency pursuant to the California Environmental Quality Act (CEQA),; Section ' 15386, and is responsible for the conservation, protection and management of the State's biological resources.. The Paula Lane Subdivi -sion Project is a 21 -home residential subdivision on 11.22 acres of which 3 acres will be dedicated as open space. The project site's wild'l'ife habitat is ruder;al grassland with some scattered oak trees. The project site is within a suburban neighborhood west of the City of Petaluma (City). The site is .documented with the presence of the American badger .(Fitts, K., January 2004, American Badger Habitat Survey, Taxidea taxus, Paula Lane Proposed Sub.division). The project site is bordered by housing development east across Paula Lane and north across Sunset. Drive. South of the site- are empty lots and houses which traverse southward on Paula Lane_ to the Bod.ega Avenue intersection located less than one-quarter mile away. Bodega Avenue is a busy • • Conserving Cal forma's Wildlife Since 18970 Ms. Irene Borba May 10, 2004 Page 2 western thoroughfare to the City. West of the project site are predominately open fields with some houses and further west are larger open pastures with scattered oaks and eucalyptus trees. Avoidance of Impacts to -On -site Badgers The applicant has retained Dr. Tom Kucera to perform a badger burrow exclusion study. DFG has previous knowledge of Dr. Kucera's work with mesopredators in California, and we have had several discussions with Dr. Kucera concerning this project. Dr. Kucera intends to exclude all badgers from the impact area well after any juveniles have dispersed following breeding season. This action is being proposed to reduce impact to any on -site badgers. DFG requests that Dr. Kucera's work proposal be summarized in a report submitted to us for our review and comment before the badger exclusion project commences. Open Space Easement The applicant has agreed to:maintain an open space easement held by the,project's future Homeowners Association (HA). The open space easement will have an emergency vehicle access' path and one pedestrian path. The mitigated oak tree plantings will be planted in the open space easement. A retention pond will also be; placed in the easement area near the western border. Per the City's request,,DFG s':availabl to work both with the 'applicant and the City -to finalize the HA's open space easement agreement. Oak Trees The applicant has, agreed to caus a no-net- -loss of native oak tree "s on the project site. The applicant will replace native oak trees at a 1:1 ratio minimum within the on -site three -acre open space easement area. The replanted oak trees . would - be monitored for five years b.y the. applicant,. Any unsuccessful oak tree plantings would be replaced within the five -year monitoring period. DFG also recommends that the housing development site itself utilize native plant landscaping as much as possible. Ms. Irene Borba May 10, 2004 Page 3 If you.have any comments or questions regarding this letter, please contact Liam Davis., Environmental Scientist, at ('707) 944- 5529; or Scott Wilson, Habitat Conservation Supervisor, at. (`707) 944! -5584. Sincerely, obert Floerke Regional Manager Central Coast Region cc: Ms. Susan Kirks Paula Lane Action Network Post Office Box 2903 Petaluma, CA 94953 Marti Buxton Mission Valley Properties 5000 Hopyard. Road, Suite' 170 Pleasanton, CA 94588 Tom Kucera, Ph..D. 22 Reservoir Road Sari Rafael, CA 94901 9 0 •