Because the beaver isn't just an animal; it's an ecosystem!

Category: City Reports


This morning the parking on Castro between Escobar and Main Street was blocked off for work. They are removing the trees on the street and the parking meters to make access for the huge crane that is coming. Never mind about any ordinance of road closures. Never mind that if the crane operated from the bridges we could save trees AND parking meters. This is an emergency. There’s no time to think clearly.


So the city entourage including two attorneys, Dave Scola and “Everything will be fine” beaver-man Julian Frazer made a crash appearance on the courtroom today, arguing that there was no work being done at all so there was nothing to be “stayed”. Guess who else showed up with them? The litigious property owner who is making the city tremble in their boots. Apparent those crazy kids might just make it work out after all. The judge, in the face of such determined liars, agreed and said it should be reviewed with the CEQA standards tomorrow at 1:30 pm. In the mean time here are some pictures of the days work that was never done. The fellow with the ear piece was moving around writing down which trees would be taken, obviously the project manager or engineer.


Law Offices

227 Behrens St., Tel: 510-525-7222

El Cerrito CA 94530 Fax: 510-525-1208

October 6, 2008

By Email & Facsimile

Martinez City Council

Philip Vince – City Manager

City of Martinez – City Hall

525 Henrietta Street

Martinez, CA 94553

 

Re: Notice of Commencement of Action; Notice of Immediate Request for Ex Parte Stay of City’s Approval of the Emergency Creek Bank Stabilization, Alhambra Creek, Escobar to Marina Vista Project

 

Dear Council Members and City Manager:

 

Pursuant to California Public Resources Code §§ 21167 and 21167.5, please take notice that my client, Worth a Dam, intends to file a Verified Petition for Writ of Mandate challenging the City’s October 1, 2008 approval of the Emergency Creek Bank Stabilization, Alhambra Creek, Escobar to Marina Vista Project as contrary to the California Environmental Quality Act (“CEQA”). Petitioner has consulted an expert in the field of fluvial geomorphology, who has found that there is no evidence that the retaining wall and properties in question are at imminent risk of failure. Thus, the City’s “emergency” exemption of this project from CEQA review is unsupported.

 

My client was informed late Friday that the project could start as early as Monday, October 6 2006. For that reason, please take notice that Petitioner intends to go ex parte at or about 1:30 p.m. on October 6, 2008 in Department 60 located in Room 102 of the Contra Costa Superior Court, 725 Court Street, Martinez California, for an alternative writ of mandate and order to show cause why the City’s approval of the project should not be set aside. In addition Petitioner intends to seek a stay of the permit approval decision pending a decision on the merits of its Verified Petition.

 

As you are aware, we will need to file our action in order to seek ex parte relief. Thus, if the City wishes to make an effort to resolve this matter without the need for litigation, please contact me immediately, and specifically before 1:00 p.m. today. Based on my review of the project and record, I believe that there may be mitigation measures that could be incorporated into a revised project that would alleviate my client’s and the public’s concerns regarding the potentially significant impacts that this project may have on the local Martinez beaver population.\

 

Very truly yours,

 

Michael W. Graf

C002 NCA and Ex Parte Letter.wpd


A sage and sensible beaver-friend writes with the concern that the beavers’ very high price tag could begin to erode support. Is their any compromise, he asks, that would take care of the beavers and the bank? Of course, i answered. Many. (It is not the beavers’ that bear a high price tag though. We get them for free. It is the property owners demands and the city’s delay, a costly combination. Now the big kid on the block is demanding our lunch money and the tax-payers are turning out their pockets for change.)

The time allowed here for possible compromise? The 11 hours between when we learned about the decision and when the contract was awarded – not much room to maneuver. In its wake I’ve had more opportunity to read through the previously-secret reports and think about options.

Lets review. Back in February (yes February) the city received a geotechincal report of the damage done to the bank and possibly the properties adjacent to the beaver dam. Parts of the report were alarming and other parts were less credible. The city agreed to pursue a peer review of the report, which means hire their own geologist to look at it and the site. At the April meeting the council declined to vote on implementation of the subcommittee recommendations saying that they were waiting for the peer review.

In March the city attorney consulted Cal Engineering who visited the site in May and reviewed the report. They returned in early september and issued their “memo” dated September 9th. They noted no damage to the county election building, and no observable impact to Bertolas. They did find some tunneling under the bank and recommended any burrows be filled with grout.

To address the destabilized conditions along the east bank of the creek below 611 Escobar Street we recommend that the existing voids be filled using low pressure grouting methods. The separation void along the base of the CMU wall can be addressed by placement of grout or compacted fill. We recommend that in conjunction with the grouting, the vegetation along the toe of the creek bank and along the bank be re-established using biotechnical stabilization techniques. We believe that these measures will return the creek bank to an equivalent “pre-beaver condition.”

Now time was beaver supporters would have said “Filled with grout! horrors!” and reached for the fainting couch – but we have since seen a far more serious threat than the removal of some secret passage ways back to the water. If the beavers were protected and out of the way we would support filling those holes with any substance that will shore up the bank. Why not fill them and hand install some large bolders atop the bank, and plant a few trees for good measure.

The september 9th report contains nothing that beaver advocates would disagree with.

Ahhh, but facts are pliant little creatures. You’ve heard of the Downing Street Memo? Where it was argued that the Intelligence leading up to the Iraq war was being “fixed around the policy”? Well according to the city engineers report a short nine days later Cal Engineering revisited the site and overturned their original findings.

Pause a moment to reread that last sentence. I think what it really says is “when we gave our opinion last time we didn’t realize how much of this was the city’s liability”. So in the September 19th revision they overturned their previous recommendations and replaced it with “Danger Will Robinson!” indicating that only sheetpiling from bridge to bridge would save our heroes.

Now what on earth could have happened between September 9th and September 18th to cause such alarm? Landslide? Beaver terrorism? Remember that email we got about the potential dam lowering on the September 16th? The following day was the first closed door meeting of the council to discuss pending litigation, and the first time the mayor recused himself on the beaver issue. And the day after that, Cal-Engineering was called out to reconsider, and on the 19th issued their new and deteriorated bank report.

Everyone has their own definition of an emergency, I guess.

I would hazard a guess that when the city received the report on the ninth, they sent a proposal to the litigation-minded property owners who read the proposal and responded with a more significant threat of legal action. Since the city engineer was writing me about checking for holes on the 15th, I assume it was somewhere before then. Hence the emergency.

In the mean time, the lawsuit abating work will remove trees and vegetation from both banks, so that even if the beavers stay they will have nothing to eat. Remember that the upstanding environmental company awarded this contract is the same that did the vegetation removal between Marina Vista and the train bridge. What could go wrong?

Responding minimally to our concerns for beaver safety, the city did hire Skip Lisle who is coming out today to avert obvious danger, but he has to leave thursday for a seminar and cannot protect them beyond then. Beaver friend and all-around good guy Igor Skaredoff will be part of the oversignt committee without oversight powers, and I am glad its him.

So how would beaver people compromise? By following the recommendations of the city’s own experts dated 9-9-08. Fill the holes, plant the bank, hand install some boulders. A block of sheet metal isn’t a compromise, and it isn’t a victory for anyone, creek lover, beaver lover, or taxpayer-lover.


Emily Dickinson came to mind yesterday, but today she would need a little bit of a rewrite. Be assured that Worth A Dam will be planning how to keep our beavers safe, regardless of the city’s ruthless decision. Whether that means having witnesses on sight, or making sure the media is informed of dangerous activity, we’ll do what can be done.

Do you know what ruthless means by the way? It is based on the old english reutheles meaning without pity or compassion. Apt – this decision certain lacks any reuth at all.

I thought beaver supporters would be heartened to hear a little of the responses we’ve been getting.

So sorry. The magnitude of the planned work must extend far beyond the lodge. Why, if this has been needed for a year, is it being rushed through just before rainy season?

Sharon Brown Beavers Wetlands & Wildlife http://www.BeaversWW.org

I’m stunned, and heartbroken for everyone involved. I don’t know what to say other than I am so sorry. Are they going to trap?! If they don’t trap all is not lost. The beavers will likely respond to the lodge destruction by building a new lodge. Hopefully in the same viewing area. Please keep me posted. Mike Callahan Beaver Solutions

Why don’t they just relocate the beaver in the spring? Surely they can live with them until then. Please let me know what happens. For the sake of the beaver, they need to be relocated. The people who have the control don’t care about them and THEY have the last word. I’m very sorry Heidi, Always, Sherri Tippie: Wildlife 2000
Sorry about last night. Gary Bogue Wildlife Columnist

After having delayed, for MONTHS, a vote on the subcommitte recommendations – and then deeming an “emergency” need to drill into the lodge, based on report findings of deterioration that allegedly first were revealed in JUNE – this does not make the Maritnez City Council look particularly effective, in my opinion. I for one will be voting for change in upcoming elections. Sue Mayo Martinez worker – Superior Court

Your plan for the emergency bank stabilization that will, ultimately, remove the beavers is cruel and unnecessary. We should consider ourselves incredibly lucky that wild beavers chose to live among us, but instead, we repay them by destroying their environment. We am not experts in any sense of the word on this issue, but we understand there are alternatives that could have ensured the safety of the beavers. You have caved in to the threat of potential litigation instead of doing the right thing. Shame on you. We are voters in Martinez, and we’re not afraid to use our vote. Rozann Grunig & George Grunig

I was thinking further about the work being described at the council meeting. They said they’d install the sheet piles first, then fill in the holes with grout to stabilize the soil. That sounds backwards to me if you really wanted to protect the beavers. If you knew where the holes were located, should you first try to bore down into them to scare any beavers and have them leave the holes, and THEN once they’re out, you can start installing the sheet piles? Resident GH
This is the moment of lead. Remembered, if outlived, as freezing person recollect the snow. First chill, then stupor, then the letting go.
This is a moment for hope.
Elusive yet enduring.
Spinning sadness grimly set and dizzy.
First shock, then focus, then the getting busy.

 


DONATE

BAY AREA PODCAST

Our story told around the county

Beaver Interactive: Click to view

LASSIE INVENTS BDA

URBAN BEAVERS

LASSIE AND BEAVERS

Ten Years

The Beaver Cheat Sheet

Restoration

RANGER RICK

Ranger rick

The meeting that started it all

Past Reports

October 2024
M T W T F S S
 123456
78910111213
14151617181920
21222324252627
28293031  

Story By Year

close

Share the beaver gospel!