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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
Please support the staff recommendation to fine the property owners for illegally cutting down the heritage Oak trees on the owners property, City of Oakland Property and private property not affiliated with the owners who illegally cut the trees down. As the former Assistant Director and Director of Oakland Public Works I attest to the fact that this is behavior I did not encounter in my 26 years with the City. Further, past unpermitted tree removals have been one or two trees, not 38 very important trees, old and very important to air quality and erosion control.
Please support the resolution to enforce Oakland's protected tree ordinance. Protecting the few trees we have left is essential to fighting climate change. Proximity to Oakland's nature is the only reason why property here has such a high valuation. Why even call this place Oakland if you're gonna get rid of the oaks?
The cry that "we must build housing" is empty rhetoric. There is plenty of underused already-developed real estate, like single-family homes and parking lots, that we could repurpose to solve the housing crisis.
We have laws for a reason. Mr Bernard is a criminal, and must face justice. A monetary penalty isn't enough! Lock him up!
Please support the resolution to enforce Oakland’s Protected Tree Ordinance. Wealthy landowners are not above the law, nor the community they decide to conduct business or reside in. This includes the entire earth system they have so callously destroyed.
I support upholding this ordinance to the full extent. We cannot let wealthy land owners off the hook when they illegally destroy the natural resources that make Oakland what it is. The removal of so many keystone trees affects all Oakland residents and lack of accountability here would set a dangerous precedent.
I urge you to vote to hold the property owners who cut down dozens of protected trees accountable for their actions. Please stand up for working class people, instead of the people who are able to pay their way out of any violations they commit against the land and our community.
Willful destruction of protected trees - these developers don't even have the "benefit" of ignorance here - should not be tolerated by the Council. Our oaks are already under threat from many other sources - climate change, Sudden Oak Death syndrome - and they are a keystone species in our incredible local ecosystem. Please enforce the ordinance that is on the books.
Y’all, it’s really not that hard. Enforce the ordinance. Wealthy people need to adhere to the same rules as everyone else. There’s a reason why the city was named Oakland. Protect the trees!
As a longtime Oakland resident and mama I feel strongly about this ordinance. I am tired of profit and capital being prioritized over the health of our children and our natural world. We are incredibly lucky to live in such an incredibly diverse and beautiful biosphere that takes care of us, protecting us from erosion, fire, and poor air. Loss of tree cover and other native plants affects everyone, but especially those who are most vulnerable like children. Protecting this ordinance is the LEAST the city can do - I'd love it if we modeled after Encinitas CA which recently passed a landmark ordinance requiring 50% native plant coverage for new large private construction projects and 100% on city-owned land. Native plant ordinances boost biodiversity and climate resilience, support pollinators and reduce water use.
I have a Coastal Live Oak living in my yard in District 1 and I am honored to be the steward of just one tree that is the namesake of our city. I urge the council to uphold the Protected Tree Ordinance and impose the stated penalty for the willful destruction of 38 trees crucial to Oakland's native ecosystem perpetrated by Matthew Bernard And Lynn Warner.
Please protect our environment from developers who ask for forgiveness instead of permission, putting our valuable ecosystem at risk. Please support this resolution for the full fine and limit future permit to this developer. Do the right thing!
Dear Councilmembers, I think it’s extremely important that our protected tree ordinance is fully enforced because the environmental benefits of trees extend far beyond property boundaries, and the loss of trees affects everyone, especially the most vulnerable members of our community, who are harmed by worsening extreme heat and pollution. Since the City of Oakland cut funding to tree care, everyone in Oakland relies on privately maintained trees to keep our environment livable. The people who own parcels of land have a responsibility to the rest of us to keep our shared environment healthy.
Destroying a hillside of dozens of native trees caused irreversible damage to woodland plants and animals, and has eliminated the environmental benefits the forest provided freely to all of us. Oakland’s protected tree ordinance does not permit the removal of native trees unless unavoidable to complete certain approved activities and mandates that native trees must be replaced to mitigate the loss. Failing to fully enforce this ordinance would set a dangerous precedent, putting the rest of Oakland’s trees and those of us who depend on them at risk.
The offender should also be held responsible for replanting the native trees and native understory plants, and should not be permitted to construct or develop in the area in the future. If a harmful act is illegal but the only penalty is a fine, it is effectively legal for those wealthy enough to afford the fine.
Oakland City Council, please uphold the Protected Tree Ordinance in the face of this flagrant violation. If you do not, it will set a dangerous precedent that the law does not apply if you are wealthy and brazen enough. Mr. Bernard should face the consequences of his behavior.
This is not just a matter of fairness, it's a matter of public health, environmental justice, and climate change mitigation. Please vote accordingly to protect the health of Oakland's protected trees, and by extension its residents.
The protected tree ordinance must be supported. Please don't let greedy developers take generational natural wealth and health from Oakland residents. Do not let cutting down trees illegally become a precedent. Protect Oakland.
Please enforce the Protected Tree Ordinance! These trees benefit all of us, and allowing any one person to get away with destroying what little remains of Oakland's precious wildlife is a dangerous precedent that opens the door for massive pay-to-play development that will strip Oakland of the very things that make it the special place we all want to live in.
Please support the Oakland Tree Ordinance and pass this resolution! Cannot allow people to damage our ecosystems. The fines are not sufficient to prevent further harmful behavior, there should be full accountability. Protecting the land for future generations should be a top priority for all of us.
Acknowledge and abide by the laws in place.
No one investing in a major build can say they don’t know the laws. There is a towering and rotting tree on my property next to the neighbors. Observing the regulations, we paid $3k just to trim the branches off two 3 story victorians. During the trim the tree service took photos of the rotting trunk and outer branches. The tree, 30” in diameter 50+ ft tall is at risk of splitting at the trunk and damaging 2 homes, but worse the tenants living there. There are many children. I love the tree and don’t want it gone, but it is my responsibility to take of an unsafe situation. I have had to pay $677 for a tree removal permit just to ask permission to remove an unsafe tree. Then it will be another $3k to have the tree safely removed, by insured and licensed tree services. I will be required to either replant one in its place or pay to have a tree planted in a public park. if this couple contracted a legit tree service, the service would have required permits. They should pay the city for the missed permits and the fines, as well as plant tree. I’m a senior w limited income providing below market rate housing. This is a financial burden. I live in a working class neighborhood in the flatlands. I do my part to keep a healthy eco system and I’m paying a high price to abide by the law. It is infuriating to hear that it is up for debate. The city should set a precedence and follow the law.
I strongly support this resolution. Oakland's canopy provides invaluable benefit to the community, and council must send a message that it is not for sale. Property owners and developers cannot damage our community and expect to pay a small fine. This person was notified numerous times about the law and took action anyways because they expected to get away from it. Trees are a community resource, not owned by any person.
As an Oakland resident and business owner I support Oakland’s tree protection ordinance and would appreciate the passing of this resolution. Thank you.
Please support the staff recommendation to fine the property owners for illegally cutting down the heritage Oak trees on the owners property, City of Oakland Property and private property not affiliated with the owners who illegally cut the trees down. As the former Assistant Director and Director of Oakland Public Works I attest to the fact that this is behavior I did not encounter in my 26 years with the City. Further, past unpermitted tree removals have been one or two trees, not 38 very important trees, old and very important to air quality and erosion control.
Please support the resolution to enforce Oakland's protected tree ordinance. Protecting the few trees we have left is essential to fighting climate change. Proximity to Oakland's nature is the only reason why property here has such a high valuation. Why even call this place Oakland if you're gonna get rid of the oaks?
The cry that "we must build housing" is empty rhetoric. There is plenty of underused already-developed real estate, like single-family homes and parking lots, that we could repurpose to solve the housing crisis.
We have laws for a reason. Mr Bernard is a criminal, and must face justice. A monetary penalty isn't enough! Lock him up!
Please support the resolution to enforce Oakland’s Protected Tree Ordinance. Wealthy landowners are not above the law, nor the community they decide to conduct business or reside in. This includes the entire earth system they have so callously destroyed.
Please uphold the protected tree ordinance and support our ecosystem!
I support upholding this ordinance to the full extent. We cannot let wealthy land owners off the hook when they illegally destroy the natural resources that make Oakland what it is. The removal of so many keystone trees affects all Oakland residents and lack of accountability here would set a dangerous precedent.
I urge you to vote to hold the property owners who cut down dozens of protected trees accountable for their actions. Please stand up for working class people, instead of the people who are able to pay their way out of any violations they commit against the land and our community.
Willful destruction of protected trees - these developers don't even have the "benefit" of ignorance here - should not be tolerated by the Council. Our oaks are already under threat from many other sources - climate change, Sudden Oak Death syndrome - and they are a keystone species in our incredible local ecosystem. Please enforce the ordinance that is on the books.
Y’all, it’s really not that hard. Enforce the ordinance. Wealthy people need to adhere to the same rules as everyone else. There’s a reason why the city was named Oakland. Protect the trees!
As a longtime Oakland resident and mama I feel strongly about this ordinance. I am tired of profit and capital being prioritized over the health of our children and our natural world. We are incredibly lucky to live in such an incredibly diverse and beautiful biosphere that takes care of us, protecting us from erosion, fire, and poor air. Loss of tree cover and other native plants affects everyone, but especially those who are most vulnerable like children. Protecting this ordinance is the LEAST the city can do - I'd love it if we modeled after Encinitas CA which recently passed a landmark ordinance requiring 50% native plant coverage for new large private construction projects and 100% on city-owned land. Native plant ordinances boost biodiversity and climate resilience, support pollinators and reduce water use.
I have a Coastal Live Oak living in my yard in District 1 and I am honored to be the steward of just one tree that is the namesake of our city. I urge the council to uphold the Protected Tree Ordinance and impose the stated penalty for the willful destruction of 38 trees crucial to Oakland's native ecosystem perpetrated by Matthew Bernard And Lynn Warner.
Please protect our environment from developers who ask for forgiveness instead of permission, putting our valuable ecosystem at risk. Please support this resolution for the full fine and limit future permit to this developer. Do the right thing!
Dear Councilmembers, I think it’s extremely important that our protected tree ordinance is fully enforced because the environmental benefits of trees extend far beyond property boundaries, and the loss of trees affects everyone, especially the most vulnerable members of our community, who are harmed by worsening extreme heat and pollution. Since the City of Oakland cut funding to tree care, everyone in Oakland relies on privately maintained trees to keep our environment livable. The people who own parcels of land have a responsibility to the rest of us to keep our shared environment healthy.
Destroying a hillside of dozens of native trees caused irreversible damage to woodland plants and animals, and has eliminated the environmental benefits the forest provided freely to all of us. Oakland’s protected tree ordinance does not permit the removal of native trees unless unavoidable to complete certain approved activities and mandates that native trees must be replaced to mitigate the loss. Failing to fully enforce this ordinance would set a dangerous precedent, putting the rest of Oakland’s trees and those of us who depend on them at risk.
The offender should also be held responsible for replanting the native trees and native understory plants, and should not be permitted to construct or develop in the area in the future. If a harmful act is illegal but the only penalty is a fine, it is effectively legal for those wealthy enough to afford the fine.
Thank you, Laili Gohartaj
Oakland City Council, please uphold the Protected Tree Ordinance in the face of this flagrant violation. If you do not, it will set a dangerous precedent that the law does not apply if you are wealthy and brazen enough. Mr. Bernard should face the consequences of his behavior.
This is not just a matter of fairness, it's a matter of public health, environmental justice, and climate change mitigation. Please vote accordingly to protect the health of Oakland's protected trees, and by extension its residents.
The protected tree ordinance must be supported. Please don't let greedy developers take generational natural wealth and health from Oakland residents. Do not let cutting down trees illegally become a precedent. Protect Oakland.
We must protect our city, residents, and ecosystem. Please support the resolution to enforce Oakland’s protected trees ordinance.
Please enforce the Protected Tree Ordinance! These trees benefit all of us, and allowing any one person to get away with destroying what little remains of Oakland's precious wildlife is a dangerous precedent that opens the door for massive pay-to-play development that will strip Oakland of the very things that make it the special place we all want to live in.
Please support the Oakland Tree Ordinance and pass this resolution! Cannot allow people to damage our ecosystems. The fines are not sufficient to prevent further harmful behavior, there should be full accountability. Protecting the land for future generations should be a top priority for all of us.
Acknowledge and abide by the laws in place.
No one investing in a major build can say they don’t know the laws. There is a towering and rotting tree on my property next to the neighbors. Observing the regulations, we paid $3k just to trim the branches off two 3 story victorians. During the trim the tree service took photos of the rotting trunk and outer branches. The tree, 30” in diameter 50+ ft tall is at risk of splitting at the trunk and damaging 2 homes, but worse the tenants living there. There are many children. I love the tree and don’t want it gone, but it is my responsibility to take of an unsafe situation. I have had to pay $677 for a tree removal permit just to ask permission to remove an unsafe tree. Then it will be another $3k to have the tree safely removed, by insured and licensed tree services. I will be required to either replant one in its place or pay to have a tree planted in a public park. if this couple contracted a legit tree service, the service would have required permits. They should pay the city for the missed permits and the fines, as well as plant tree. I’m a senior w limited income providing below market rate housing. This is a financial burden. I live in a working class neighborhood in the flatlands. I do my part to keep a healthy eco system and I’m paying a high price to abide by the law. It is infuriating to hear that it is up for debate. The city should set a precedence and follow the law.
I strongly support this resolution. Oakland's canopy provides invaluable benefit to the community, and council must send a message that it is not for sale. Property owners and developers cannot damage our community and expect to pay a small fine. This person was notified numerous times about the law and took action anyways because they expected to get away from it. Trees are a community resource, not owned by any person.
As an Oakland resident and business owner I support Oakland’s tree protection ordinance and would appreciate the passing of this resolution. Thank you.