City Reports – Page 130

1000 Cranes…

heidi08 City Reports October 14, 2008

Well, actually just the one. And a team of men and forklifts to set it up. It is now housed on the block of Castro street between Marina Vista and Escobar, to the displeasure of many a county worker. Skip Lisle arrived today and was shown the space where our yearlings (?) are likely sleeping in the old lodge. There was much excitement when staff thought they found the 11 foot tunnel alleged by the city. Skip’s eyebrows knit in confusion as he considered the likelihood of beavers digging straight up. He also had a forthright conversation with the (female) project manager, who reportedly told him, “I can’t see any way that these beavers are going to stay through this work.”

Cheryl and I took Skip down to tunnel at the second lodge, to see if it could be expanded into shelter. Then Cheryl walked him down to the fourth dam. He felt strongly that the habitat offered many hiding places for the beavers that would be more attractive than any manmade shelter. The initial work, from the lodge to the bridge, begins tomorrow. Be there if you can.

Tree Topping Work Begins

heidi08 Beaver News, City Reports October 13, 2008

UPDATE: Kit woken by loud machinery, spotted outside lodge. 8:45 am

Hess and the city braved the Holiday Conditions are are on site this morning beginning the tree topping work. They are removing three trees in the line of installation (not willow) and topping the willow on both banks. In conversation with Dave Scola and the inspector this morning we were promised that any cuttings will be laid on the Marina Vista side for removal. What the beavers will eat we are welcome to remove, what they won’t can be hauled away or used for cover on the lodge.

Last night Cheryl pointed out some netting that was blocking one of the entrances to their new tunnel by the second dam. Jon removed it so that the beavers could safely manage.

This picture shows the beginnings of their new tunnel.

Photos by Cheryl Reynolds.

Road Closure

heidi08 Beavers, City Reports October 10, 2008

In preparation for tuesday’s construction, castro street between Marina Vista and Escobar was closed today, along with the lane nearest the bridge on both streets.

Full Screen

The work saw the first tree casualty as the forklift bringing the metal plates the crane will rest on knocked out a street tree. If it weren’t for our friends at the county building there would be no access at all, but at least a narrow path was left for them.

Worth A Dam was contacted today by Dave Scola to ask whether we would help Skip Lisle supplemental feed and help him to use the infra red temperature device we offered for lodge readings. He also said that when the trees are topped we will have access to the cuttings to decide whether they should be for feed or removed. I asked him to contact the city parks manager to identify other sources of Arroyo Willow we could cut along the creek.

Even if we are prevented from being anywhere close to the work, Worth A Dam will be on hand. We are armed with spotting scopes, walky talkies, infra red thermometers and spotlights. If the beavers can be protected, they will be.

Let Slip the Watchdogs of War

heidi08 City Reports, Friends of Martinez Beavers October 8, 2008

So there were some sad and worried faces at the dam tonight, a few smug ones at the city council meeting, and one irrationally cheerful one on the bridge. Beaver supporters should know that Worth A Dam will continue to represent the best interest of the beavers, and to keep you informed about how the work is affecting them. Even though we were disheartened by the ruling, it would be a mistake not to notice the few shreds of good news that trickled through today.

Heard from Skip tonight. He is returning home tomorrow morning, staying in Vermont for a few days and then coming back next week to keep an eye on the work.
The sheet metal installer agreed to “vibrate” each piece at the top of the lodge before installation to give the beavers warning.
There will be a vibration sensor installed in the creek to measure impact.
The marked height of the topped trees is very encouraging, and shade will be left for the beavers lodge.

At tonights pre-secret meeting meeting, Worth A Dam spoke up about the need for public participation and oversight. I pointed out how, as unpopular as we were at the moment, we had actually served a very useful role for the city in getting them to think more protectively about the beavers. I also pointed out that the report from our Fluvial Geomorphologist had identified a serious risk area in the creek that the city had ignored. Yesterday Jon showed it to Igor Skaredoff and today the city assigned staff to take care of it. Our expert, whose report they didn’t want to admit into evidence, actually saved the city time and money.

I emphasized that this useful role of a watchdog agency would continue as the work was done. They were chatting on the bridge today about how to keep the crazy beaver people out of the way during the work. In the long run they will be much safer and more successful if they make space for us and tolerate our looking over their shoulders. Laying aside any delusions of compassion or civic responsibility, the media attention on this issue has proven that it would be hugely damaging for the city to let anything happen to our beavers. They need all the help they can get.

Who let the watchdogs out?

[youtube:http://youtube.com/watch?v=y7PtSsbkGdM]

TRO denied

heidi08 City Reports October 8, 2008

Full Text Here:

WORtrH ll D.AM, et al.

Plalntiff

vE”

CITY OF MARfINEZ, et aI

Defendant (g)

Caee No. N08-L644

nNREPgRTEp MrNrrrE oFpER

DECISION

PROCEDURAL OBJECTTON

RESPONDENTS’ OBJECTION TO PETITIONERS’

PROCEEDINGU NDERC Ctr S 1094.5 TS SUSTATNED.

Ag PETITIONERS CONCEDEDA T HEARING TI{E PROPER

SECTION UNDER WHICH THEY SHOUI,DB E PROCEEDTNGT S

ccP s 108s.

ACCORDINGLY, THtr COURT IS TREA,TING THIS EX PARTE

PROCEEDTNG AS A RHQUEST FOR A TEMPOF.A,R,Y

RESTR.A,INING ORDER/ rNJlrNCTr ON .

EVIDENTIARY OBJECTION

RESPONDENTSH AVE OBJECTEDT O THE COURT

CONSTDERING THE REPORT OF I,AUREL COLIJINS AS IT

IS EXTRA RECORD EVIDENCE AND CONSIDERATTON OF

SAME IS PROHIBITED.

INIEB|2E88 ].E:1E 925957591 B DEPT 2

PAGE D3/86

EXTRA.RECORD EVIDENflE CA]'[ BE CONSIDERED IF ‘fT

WAS NOT FOSSIBLE IN THE EI(ERCISE OF’ RE.?\SONABLE

DTI,IGENCE TO FRESENT THIS EVIDENEE TO THE AGENCY

BEFORE THE DECISTON WAB MADE SO TI{JI’T TT COULD BE

CONSIDERED ” WBSTERN STATEF FETROLEUM ASSN.

v supERroRc. ouRT (1995) I CAr,. 4rH 559, 578.

a. THE RECORDB EFORET HE COURTI NDICATES

FETITIONERS DID NOT H.A,\/EA CCESS TO MR.

GREGORYS’ REPORTS UNTII T}IE I{EARING ON

ocToEER 1, 2008.

HOWEVER, THE REPORT EITY STAFF PREPARED

FOR THE COUNCII-.D, ISCUS,SEDM R. GREGORY’S

FINDINGS AND STAFF’S RECOMMENDATICTINO

HAVE THE CITY “IMPTJEMENT EI,IERGENCY

STABIL]ZATION MEASURES,” SEE GRAFF

DECIJARATION, EXHTBIT 5.

STAFF’S REPORT IS DATED SEPTHMBER 25 AND

WAS AVAII.ASIJE TO THE PUBT.,IC BEFORE THE

ocToBER 1, 2oo8 HEARTNG.

PETITIONERS WERE ABLE TO

CO],LINS’ REPORT ON SHORT

CUR.RENTI{ EARING.

PETITIONERS TIAVE FAIIJED

SIMIITAR REFORT COUTTDN OT

OBTAIN MS.

NOTICE FOR THE

TO ESTAE]-,ISH /I

“IN THE EXERCISE

1B/08/ZEEB L6:lE 325957591B DEPT 2

OF REASONABIJE DTLTGENCE,, HAVE BEE}il

PREPARED AND SUBMITTED TO THE COIINCTIJ FOR

THE HEARING ON OCTOBER 1, 2008.

3 . ACCORDINGLY, RESPONDENTS’ OBJEETION TO THE COURT

CONSIDERING THE REFORT IS SUSTAINED AND

PETTTIONER$’ ARGUMENT BASED ON THE COLLTNS

REFORT IS $TRICKEN.

C. INLTUNCTIVE RELIEF

]-. “IN DECTDING IVHETHER TO ISSUE .A, PRELIMINARY

INJUNCTTON, (ONCE IRREPARABLE I{ARM FIAS BEEN

ESTABL,ISHED), A COURT, MUST WEIGH TWO

INTERREI,ATED FACTORS: (1) THE I.ITKELTHOOD TIIAT

THE MOVING PARTY WIIJL TJJ’TIMATELY PREVAIL ON TFIE

MERITS AND (2) THE REIJATIVE IMIHRIM HARIVI TO THE

FARTIES FROM IS$UAI{CE OR NOI,I-ISSUANCE OF Ti{E

INJIINC?ION”. BUTT v gTATE q.F- CATJTFOR:\II4 (1-p92)

4 CAIr. 4rts 668 .

2. AS TI{E CTTY ARGUED, QF PRIMARY CONCERN IN TT{IS

CASE IS TI{E HARM THAT WIIJIJ ENSUE NOT ONIJY TO THE

AFFECTED PROpERTY O$iltfERS, BUT TO THE FUBI,IC AT

LARGE IF AN TNTTUNCTION IS NOt ISSUED VERSUE TI{E

HARM THE BEAVER HABTTAT WILL SUFF’ER.

3. THE COLIRT IS VERY SENSITIVE TO T}TE SUPPORT THE

BEAVERS HAVE FROM THE IJOCAII COI{MUNITY, THE

PAGE 84166

t4lSEt2g7g 1″6: LE 928957E91 8 DEPT 2 PAGE E1T86

M”d

UNTQUENESS OF HAVING A BEAVER COIJONY IN WHA,T IS

ESSENTIATJLY AN URBAI{ AREA ASID fHE AFPE.AL SUCH A

PI{ENOMENON HAS TO TI1E FUBLIC AT IJARGE. HOWEVER,

THE RECORD BEFORE ?FIE COTIRT INDICATES TI{ERE WAS

SUBSTA}{TTAL EVIDENCE BEFORE THE CTTY

EBTA-BLISHING THERE HAS BEEN SIGNIFICANT CHANGE

AIJONG THE EAST BANK OF’ AI.,HAMBRA CREEK TN THE

AREA OF Ti{E BEAVER }IABITAT REQUIRING IMMEDTATE

AEATEMEMT. FURTI{ERMORE, TI{E REMEDIAL MEAEURES

SE].,ECTED BY THE EITY-THE TNSTAI,I-,AT1ON OF SI.IEET

FILES-]S THE “AI.TERNATIVE LEA,ST IJIKELY TO INJURE

THE SURROU}TDTNG EREEK Eil’VIRONMENT AND, TN

PARTICUI.,AR, THE BEAVERS.

4, ACCORDINGLYI REQUHST FOR INJUNCTIVE REITTEF IS

DENTED.

Lil.}.

SUPERTOR COIJRT

From our attorney:

Not unexpected but disappointing. She errs legally on excluding Collins report and in making a totally unsupported finding that the alternative chosen is the one with the least impact on beaver. Her ruling that the County’s finding is supported by substantial evidence — which is the only ruling that matters in the end — is more expected.

Michael Graf