The Stumps Are Telling Us How Broken City Hall Is
Emeryville Needs Tree Ordinance Reform
The Ordinance is Too Weak to Save Trees
News Analysis
Tuesday June 15th 2021 has to go down in history as one of the low points in Emeryville politics. That’s the date the City Council finally agreed to let the developer Lennar Corporation, kill every public street tree abutting their Sherwin Williams Horton Street project. But this isn’t just a matter of a developer cutting our trees down. That’s so common in Emeryville, it’s not even newsworthy. Why the loss these particular trees is so notable is how revealing of the sycophantic culture at City Hall was the two year circuitous path that led to the stumps along Horton Street. These stumps show us the how the government works at 1333 Park Avenue — how it works for developers, not for us.
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| Council members Dianne Martinez and Ally Medina They're featured on one of the stumps their votes produced. They steadfastly voted to cut all the Horton Street trees over the years regardless of the wildly changing reasons the staff has presented to them. |
The final City Council vote to allow the developer to cut all the trees was 3-1 (Donahue dissenting). The swing vote was delivered by the recently resigned Council member Christian Patz who changed his vote, his last vote as a City Council member incidentally, to allow Lennar to cut the trees. Mr Patz told the Tattler he changed his vote after Mayor Dianne Martinez publicly announced right before the final vote that Lennar had before the Tuesday meeting, gone to the City staff to obtain a special ‘nuisance’ status for the trees that guaranteed the developer the right to cut the trees with or without the City Council. Mr Patz said he felt at that point the trees were doomed and that the elected officials should take the heat for killing the trees, not the City staff.
Losing these street trees means a loss for the streetscape friendliness, the shade and cooling they provided and all the other benefits that can be said urban trees provide of course. But it’s not that collectively we didn’t get anything in trade for agreeing to cut them. What these stumps on Horton Street have bought us is the realization that our values in Emeryville, as codified by our ordinances, are only as strong as we live them. As simple as it sounds, our ordinance meant to save our trees, the Urban Forestry Ordinance, can only actually save our trees if we vigilantly guard against developers who would cut them by living the life of the tree appreciators the UFO represents.
That’s what’s missing at City Hall: tree appreciation.
Regrettable Backdrop
In 2018, Lennar went to City Hall seeking permission from the Planning Commission to kill all the street trees abutting their project. The staff recommended the Commission permit the killing of all the trees along Sherwin Street claiming the existing trees didn’t match the developer’s desire for a different species and that Lennar had a right to a “unified streetscape” near their project (never mind this is not in the UFO). After Planning Commission buy-in, the Council let that through and the Sherwin Street trees were all cut.
Then there was the matter of the Horton Street trees, much grander and more visible than the Sherwin Street trees. For those trees, the staff told the Planning Commission the Horton Street trees were all “unhealthy” and they must therefore all be cut. But the Tattler pushed back and proved the City’s own arborist said the majority of the Horton trees were “fair” to “healthy”.
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| Former City Councilman Christian Patz Frustrated by the vote, he said 'If there's a rule, Emeryville will get around it'. |
Undaunted, the staff, representing Lennar, still in 2018, told the City Council at the April 17th meeting the Horton trees must all be cut because they would be in the way of underground utilities associated with the project. Again, the Tattler led the drive to prove this was also false. But not before the staff told the Council they must vote that night on the fate of the trees. Council member Patz told the staff he resented the Hobson’s choice being offered that night and said he would therefore vote to save the trees.
The vote that night was 2-2 with Council member Ally Medina joining Mayor Dianne Martinez in approving the cutting of the trees. Council members Scott Donahue and Christian Patz voted against the cutting (Council member John Bauters is not allowed to vote on this because he lives too close to the project and state law forbids it). The tie vote meant Lennar could not cut the trees.
Backpedaling and still representing the interests of Lennar, the staff then reported the vote COULD be delayed and called for another vote at a later date.
And delayed it was. At the September 17th 2019 meeting, the matter of the Horton Street trees was back before the Council. This time, the staff admitted the trees were not in the way of the underground utilities (save for one) and they had been wrong about that. An “embarrassed” Council member Ally Medina publicly apologized for her earlier vote to cut the trees. She said she had believed the staff when they said the trees were in the way of the underground utilities.
Undaunted, the staff, still working for Lennar in 2021, accepted the developer’s claim the Horton trees were “nuisances” before the final Council meeting on the 15th. The nuisance designation meant that the trees would actually have to be cut by order from the City of Emeryville as an abatement against Lennar (never mind it was Lennar’s idea). The nuisance designation also meant Lennar would not have to plant equal replacement trees as the UFO mandates. The final deal was all the trees would be cut and a two inch sapling would be planted for each tree as well as five other small saplings planted elsewhere.
The staff, working in the interest of Lennar Tuesday said the roots of the trees were close to the surface and that’s why they lifted the sidewalks there and that’s why they should be killed (the nuisance abatement notwithstanding). The two Councilwomen seized that argument and ran with it but Christian Patz was incensed. He admonished his two colleagues for their votes to kill the trees because there were no new facts presented Tuesday night he said, “The arborist said [back in 2018] these are known facts” he told his colleagues.
It was after that, the Mayor, feeling the vote could be another 2-2 affair like the 2018 vote announced, “If we deadlock tonight, the developer has the opportunity to go straight to our city administration and ask for waivers. I just want to put that out there.” And then Christian Patz changed his vote to a YES to allow Lennar to cut all our trees, his last vote as an Emeryville City Council member.
Casting his last vote, Council member Patz, clearly pained, announced "I'm frustrated by the nature of Emeryville, which is, there's a rule, but we'll get around it". And those were the final parting words to the people of Emeryville from the former Councilman.
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| The Former Sherwin Williams Horton Street Trees (on left) The staff, working in the interests of the developer, falsely told the Council the trees were unhealthy and in the way of underground utilities. Those arguments weren't enough to convince the Council majority. Only after the staff said the trees were designated as "nuisances" and legally required to be cut, did Councilman Patz join his two women colleagues and vote to kill the trees. |
