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Agenda Item
4.1 26-0267 Subject: Violation Of The Oakland Municipal Code Chapter 12.36 (Protected Tree Ordinance) At Assessor Parcel Number 48H-7672-18
From: Oakland Public Works Department
Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution Finding Matthew Bernard And Lynn Warner, Owners Of Record Of Assessor Parcel Number 48H-7672-18, In Violation Of Oakland Municipal Code Chapter 12.36 (Protected Trees) By Illegally Removing Thirty-Eight Protected Trees At Said Parcel And Imposing A Penalty, Per Chapter 12.36.150 Of The Oakland Municipal Code, Of A Total Sum Of Nine Hundred And Fifteen Thousand, One Hundred And Thirty-Five Dollars, And Forty Cents ($915,135.40), To Place On Hold Any Building Permits, And Place A Lien For Said Property Until This Penalty Is Paid In Full
Landowners must be held accountable for actions that harm wildlife and further threaten Oakland’s vulnerable ecosystems. Enforcing consequences for those who violate the law is essential to prevent future damage and protect these environments. Set the precedent that no one is above the law.
The trees these property owners cut were some of the largest and oldest wild trees remaining in the City of Oakland. Not only did they kill the trees, they also killed all of the plants, animals, and fungi that had relied on this woodland habitat for decades or centuries, including hundreds of species of birds and insects as well as our locally rare salamanders, newts, and many species of unique fungi that only live in our woodlands. The slope they deforested is now choked with fast-growing invasive annual plants which dry out quickly in the Summer and constitute a major fire hazard. This egregious violation has permanently and irreversibly destroyed a large portion of one of the most important habitats in Oakland and left the surrounding community at greater risk of wildfire, landslides, and flooding in addition to emptying the landscape of the living things that make Oakland such a uniquely special place. I ask the City Council to modify the resolution to hold the property owners accountable for restoring the forest they destroyed, including the understory plants, and prohibit them from building anything on the site they deforested. If they are allowed to build once the fine is paid, that will set a precedent that wealthy landowners can essentially purchase the right to violate our Protected Tree Ordinance and will face no extra consequences beyond the monetary cost.
Please hold these property owners accountable for the destruction of these habitats. If not enforced this will give a message to landowners that they can cut down entire ecosystems that both the people and animals of oakland need to thrive. this would be catastrophic for citizens in terms of climate change and would further endanger the lives of our already at risk animal populations. Please enforce this ordinance and hold them accountable for the ecocide they have committed!
I’m writing to urge you to vote on April 14th to hold the property owners who cut down dozens of protected trees accountable for their actions.
Oakland’s protected tree ordinance does not permit the removal of native trees unless removing them is unavoidable to complete certain approved activities. It also mandates that any native trees whose removal is unavoidable must be replaced to mitigate the loss. Failing to fully enforce this ordinance would set a dangerous precedent that would put the rest of Oakland’s trees and those of us who depend on them at risk.
In accordance with these rules, it would be fitting that the offender should also be held responsible for restoring the woodland ecosystem by replanting the native trees they destroyed and native understory plants and should not be permitted to construct or develop in the deforested area in the future. If a harmful act is illegal, but the only penalty is a fine, it is effectively legal for those who are wealthy enough to afford the fine. If the offender pays the fine and is then allowed to develop on the deforested area now that the protected trees don’t exist there anymore, that will set a precedent that a property owner with enough money can circumvent our protected tree ordinance by simply destroying protected trees without a permit and then paying the fine.
Thank you for considering my comment,
Lauren Alvarado-Andrade
I appreciate caution and due diligence when imposing a fine of this magnitude, but all evidence points to this person being quite wealthy and well-connected and having received quite a few notices that what he was doing was illegal. However, the thing that concerns me most is that I am now hearing that other property owners are looking at this hearing and preparing to illegally cut down their own native trees. Native trees and plants are really critical for our ecology — they support pollinators and wildlife and are farm more drought-tolerant and fire resistant than non-native trees. I am not a big fan of regressive fines, but I do think the City needs to enforce its own laws and demonstrate the value of protecting our environment and ecology.
Landowners must be held accountable for actions that harm wildlife and further threaten Oakland’s vulnerable ecosystems. Enforcing consequences for those who violate the law is essential to prevent future damage and protect these environments. Set the precedent that no one is above the law.
The trees these property owners cut were some of the largest and oldest wild trees remaining in the City of Oakland. Not only did they kill the trees, they also killed all of the plants, animals, and fungi that had relied on this woodland habitat for decades or centuries, including hundreds of species of birds and insects as well as our locally rare salamanders, newts, and many species of unique fungi that only live in our woodlands. The slope they deforested is now choked with fast-growing invasive annual plants which dry out quickly in the Summer and constitute a major fire hazard. This egregious violation has permanently and irreversibly destroyed a large portion of one of the most important habitats in Oakland and left the surrounding community at greater risk of wildfire, landslides, and flooding in addition to emptying the landscape of the living things that make Oakland such a uniquely special place. I ask the City Council to modify the resolution to hold the property owners accountable for restoring the forest they destroyed, including the understory plants, and prohibit them from building anything on the site they deforested. If they are allowed to build once the fine is paid, that will set a precedent that wealthy landowners can essentially purchase the right to violate our Protected Tree Ordinance and will face no extra consequences beyond the monetary cost.
Please hold these property owners accountable for the destruction of these habitats. If not enforced this will give a message to landowners that they can cut down entire ecosystems that both the people and animals of oakland need to thrive. this would be catastrophic for citizens in terms of climate change and would further endanger the lives of our already at risk animal populations. Please enforce this ordinance and hold them accountable for the ecocide they have committed!
I’m writing to urge you to vote on April 14th to hold the property owners who cut down dozens of protected trees accountable for their actions.
Oakland’s protected tree ordinance does not permit the removal of native trees unless removing them is unavoidable to complete certain approved activities. It also mandates that any native trees whose removal is unavoidable must be replaced to mitigate the loss. Failing to fully enforce this ordinance would set a dangerous precedent that would put the rest of Oakland’s trees and those of us who depend on them at risk.
In accordance with these rules, it would be fitting that the offender should also be held responsible for restoring the woodland ecosystem by replanting the native trees they destroyed and native understory plants and should not be permitted to construct or develop in the deforested area in the future. If a harmful act is illegal, but the only penalty is a fine, it is effectively legal for those who are wealthy enough to afford the fine. If the offender pays the fine and is then allowed to develop on the deforested area now that the protected trees don’t exist there anymore, that will set a precedent that a property owner with enough money can circumvent our protected tree ordinance by simply destroying protected trees without a permit and then paying the fine.
Thank you for considering my comment,
Lauren Alvarado-Andrade
I appreciate caution and due diligence when imposing a fine of this magnitude, but all evidence points to this person being quite wealthy and well-connected and having received quite a few notices that what he was doing was illegal. However, the thing that concerns me most is that I am now hearing that other property owners are looking at this hearing and preparing to illegally cut down their own native trees. Native trees and plants are really critical for our ecology — they support pollinators and wildlife and are farm more drought-tolerant and fire resistant than non-native trees. I am not a big fan of regressive fines, but I do think the City needs to enforce its own laws and demonstrate the value of protecting our environment and ecology.
https://www.treesforoakland.org/uploads/1/3/1/7/131745792/trees_for_oakland_re_claremont_ave_illegal_tree_removal.pdf