Beruflich Dokumente
Kultur Dokumente
All,
Codeenforcementfiledthreecomplaintson11/14/16,asthelogsspanthreeparcels.Allthreeparcelshavethesame
addresswhichis7055ElvertonDr..WewereaidedbyMr.Keithforvantagepointsforverificationpurposeson
11/15/16.Thethreefilesarenumbered1604344,1604346,and1604347.Noticesweremailedtotheownerofrecord
(allparcelsownedbyDammRichardEHeirsofEst)on11/29/16.Thereinspectionsarescheduledfor1/20/16.We
havenotreceivedaresponsetothenoticestodate.Ifnoactionisfoundfortheremovalonthereinspections,wewill
assessfees.
IftheCityisfoundtoneedtocontracttoavendorforthework(andchargethepropertyforthisservice)itwilllikely
requireanRFQandCityAdministratorsapproval,percoststhatexceedthelimitbelowwhichthisapprovalisnot
required.
Goodmorningall,
Pleaseseeresponsesinred.
Thankyou,
Miguel Trujillo
Fire Marshal
City of Oakland Fire Department
Fire Prevention Bureau
510-238-3851 Main Line
510-238-4051 Desk
mtrujillo@oaklandnet.com
ItisthemissionoftheOaklandFirePreventionBureautoprotectallcitizenswithintheCityofOaklandfromnaturalormanmade
hazardswhichmaycausebothinjuryandlossofproperty.Thisisaccomplishedbyprovidinghighlytrainedprofessionalsfor
education,oversight,andinspectionoffireandenvironmentalhazardsthroughouttheCity.
From:CampbellWashington,Annie
Sent:Friday,December9,20165:27AM
To:Keithvalen@aol.com;DeloachReed,Teresa<TDeloachReed@oaklandnet.com>;Trujillo,Miguel
<MTrujillo@oaklandnet.com>;Pon,Craig<cpon@oaklandnet.com>
Cc:Schaaf,Libby<LSchaaf@oaklandnet.com>;OfficeoftheMayor<OfficeoftheMayor@oaklandnet.com>;Landreth,
Sabrina<SLandreth@oaklandnet.com>;crosse@strategydriver.com;chall@geiconsultants.com;Daniel,Christine
<CDaniel@oaklandnet.com>
Subject:Re:ThorndaleCanyonFireandBlightIssuesFollowup
Chief Reed,
Will you please provide Mr. Valen and Ms. Cross with any update and final determination on these issues.
Thank you,
Annie
On October 26, 2016, we sent the attached email to Fire Marshall Trujillo, other City
Officials, and your office. We would appreciate an update on the status of the Code
Enforcement action regarding this blight condition. Ellen Cross also followed up with
Vice Mayor Campbell Washington's office for an update on four occasions since
October 20, 2016 with no response. The potential blight issue has been referred to Rich
Fielding at Code Enforcement. He can be reached at 510 238-6202. I have included him
on this email.
To date, we have not received all of the information requested in our September 14 and
22, 2016 requests below. Nor have we received any information or an update on the
status of the removal of the large eucalyptus tree trunks, which our community
considers to be both a serious blight and fire hazard condition. The only information
received is a copy of the City's contract with Roca Environ. Works for $24,700. We
were contacted by Code Enforcement Supervisor Richard Fielding on November 10,
2016 to simply confirm a contact individual for an inspector's visit. On November 15,
2016, an inspector from Richard Fielding's office came to the site to take
photos. Please respond to our requests. All the dead and dying vegetation was recently
removed as part of the contract to abate the large area where the felled eucalyptus
trees were left behind following the tree removal. The remaining tree trucks do not
present a fire hazard. The abatement contract addressed the potential fire hazard issue
by removing all tree branches or slash off the felled trees. These remaining tree trunks
do not present a fire hazard as it would take an extremely large amount of adjacent
flash fuels, burning continuously, to cause them to ignite. Currently, those flash fuels are
2
not present or adjacent to the remaining tree trunks. For clarity, the large diameter logs,
settled on the ground, are not subject to combustion due to their density and volume
without a continued or extended heat source burning within close proximity.
We advised you and City Officials in our August 8, 2016 email that, "The cited neighbors
and developers hired an unlicensed contractor; left tons of dead eucalyptus trees and
dry vegetative matter in Thorndale Canyon; damaged and uprooted protected native
tree species (one of which created a significant rock slide endangering lateral above-
ground sewer lines); illegally trespassed and cut eucalyptus trees and damaged
protected native tree species on Keith/Valencia's property; and dumped trees and
debris on a neighbor's lot blocking a protected creek. It is shameful and unconscionable
that these neighbors/developers are refusing to take responsibility for their
actions. They do not have the right to violate fire, blight, and public safety laws and
endanger the lives and property of other Thorndale Canyon and Oakland hills
residents." It is noted that after City citations were issued under the blight and fire
ordinances, some of the cited neighbors and contractors have cleared their properties.
For any issues pertaining to cutting of protected on non-protected trees throughout the
WPAD, please call Robert Zhan at 510 615-5852.
The responsible parties have had their appeal process before the City. Absent
abatement of all the large felled tree trunks in Thorndale Canyon, the City would be
setting a very serious precedent which would allow property owners and developers to
cut large trees and leave them on the ground, thereby creating blight throughout the
Oakland hills. The City is also in a position of citing clean up and abatement orders
with no enforcement, ultimately ignoring its responsibility to protect the public from
hazards.
We live in the Oakland hills because we value nature, the beauty of Thorndale Canyon,
and Oakland. Neighbors and contractors should not be allowed to adversely decrease
our property values and destroy our beautiful views because of their negligent,
irresponsible, and selfish actions. We, and our Thorndale Canyon neighbors, continue
to take the position that these large eucalyptus tree trunks constitute a blight condition
under Oakland's Property Blight Code Ordinance as well as a hillside fire hazard (felled
decaying trees) within 200 feet below our homes. We look forward to hearing from you
regarding this matter.
Respectfully,
3
Ellen Cross and Craig Hall
From: Keithvalen@aol.com
To: MTrujillo@oaklandnet.com
CC: lschaaf@oaklandnet.com, ACampbellWashington@oaklandnet.com,
slandreth@oaklandnet.com, TDeloachReed@oaklandnet.com,
officeofthemayor@oaklandnet.com, crosse@strategydriver.com,
chall@geiconsultants.com
BCC: keithvalen@aol.com
Sent: 10/26/2016 6:13:17 P.M. Pacific Standard Time
Subj: Thorndale Canyon Fire and Blight Issues Follow-up
Dear Fire Marshall Trujillo,
To date we have not received a response to our September 22, 2016 email,
attached below. On this same date, September 22, 2016, you sent Ellen Cross
an email informing her that Code Enforcement would be taking the lead on the
blight issue. What is the status of this Code Enforcement action?
While many of the smaller logs and much of the vegetative matter have been
removed from the hillside, the blight issue in our neighborhood remains of great
concern to our community as a long term eye sore, fire hazard (decaying tree
trunks), and negative property values impact.
Here are some recent photos of the blight issue.
4
5
Furthermore, property, Elverton Drive,
has yet to be cleared of eucalyptus tree debris that knocked down and
destroyed a California live oak tree. As requested below, please advise of the
status of removal and expected date of removal.
6
Oakland's Property Blight Code Ordinance 8.24.010 is to "promote the health,
safety, and general welfare of the citizens by requiring a level of maintenance of
residential, commercial, and industrial property which will protect and preserve
the livability, appearance, and social and economic stability of the city and which
will also protect the public from the health and safety hazards and the
impairment of property values which results from the neglect and deterioration of
property."
It appears that the following violations of Oakland's Property Blight Ordinances
apply in this situation:
8.24: Property Blight
8.24.010
8.24.020(D)(1)(2) and (4)
8.24.020(E)(1)
8.24.020(I)(1) and (2)
8.24.040
8.24.050: Enforcement
8.24.060: Abatement and Abatement Procedures
Lastly, we would like to commend and personally thank Inspector Camille
Rodgers for all of her efforts to keep our community safe from fire hazard and
blight. She is truly one of the finest City employees that we have known. Please
extend our sincerest thanks for all of her work on this case.
We, and our Thorndale Canyon neighbors, look forward to hearing from you
regarding our September 22, 2016 request for information and responses to our
questions. We also look forward to hearing from the City Code Enforcement
official(s) responsible for handling the removal of the large eucalyptus tree
trunks, which our community considers to be both a fire hazard and blight issue.
7
Respectfully,
Irma Valencia and James Keith
From: Keithvalen@aol.com
To: MTrujillo@oaklandnet.com
CC: lschaaf@oaklandnet.com, ACampbellWashington@oaklandnet.com,
slandreth@oaklandnet.com, TDeloachReed@oaklandnet.com,
officeofthemayor@oaklandnet.com, crosse@strategydriver.com,
chall@geiconsultants.com
BCC: keithvalen@aol.com
Sent: 9/22/2016 9:41:31 P.M. Pacific Daylight Time
Subj: Thorndale Canyon Extreme Fire Hazard
Dear Fire Marshall Trujillo,
Thank you for your clarification that the Abatement Orders included blight
and fire codes.
We have consistently been told by the Fire Department that the
Abatement Orders issued to the cited neighbors/contractors were issued
under the City's Property Blight Ordinance, which includes a fire hazard
or a condition considered dangerous to the public health, safety, and
general welfare. You confirmed that the blight ordinance was included in
the Abatement Orders. It was the blight ordinance that allowed the City to
authorize the abatement of the large tree debris beyond the Fire
Department's 100 foot clearing requirement. The City determined that all
tree trunks (logs), including the large logs, and all associated vegetative
matter were to be removed from the hillside as blight, fire, and public
safety hazards.
As Craig Hall stated in his September 12 email below, we are frustrated
and disappointed that the hillside downed trees and related vegetative
matter have not been completely removed, especially as we are now in
the height of the fire season and the 25th Anniversary of the
Oakland/Berkeley firestorm. Has the Fire Department been working with
Code Enforcement to address both the fire hazard and the blight issues?
In this regard, please provide us with the following information:
1. Was Code Enforcement initially notified and involved in the City's
Abatement Orders? If not, why not? We, and our Thorndale Canyon
neighbors, have spent a tremendous amount of time and energy to
protect our safety from this extreme fire hazard and to address the blight
issue.
2. If Code Enforcement has not been involved, we request that the Fire
Department and City officials provide Code Enforcement with all
correspondence we have sent to City Officials, including, but not limited
to:
all emails that we, and our neighbors, have sent to the City
(including the City's responses),
8
all photos provided to the City of the extreme fire hazard debris
and blight issues,
Abatement/Compliance Orders issued to cited parties,
Appeal Hearing Notices,
The City's determination that ALL logs and associated debris must
be removed from the hillside,
contracts let,
bids received for the first and second contracts posted by the City
for removal.
From: chall@geiconsultants.com
To: keithvalen@aol.com, crosse@strategydriver.com
Sent: 9/15/2016 3:20:41 P.M. Pacific Daylight Time
Subj: FW: Request for copy of the 2 bids... Thorndale Canyon Extreme
Fire Hazard
Jim/Irma
9
IrequestedacopyofthebidsandwillsendthemyourwayonceIreceive
them.
Craig
CraigHall,P.E.,G.E.
PrincipalGeotechnicalEngineer
GEIConsultants,Inc.
180GrandAvenue,Suite1410|Oakland,CA94612
T:510.350.2913|M:510.224.6242|F:510.350.2901
www.geiconsultants.com|vCard|map|LinkedIn|Twitter|Facebook
From:Sierra,Patricia[mailto:PSierra@oaklandnet.com]
Sent:Thursday,September15,20163:16PM
To:Hall,Craig<chall@geiconsultants.com>
Cc:Trujillo,Miguel<MTrujillo@oaklandnet.com>
Subject:RE:Requestforcopyofthe2bids...ThorndaleCanyonExtremeFire
Hazard
Importance:High
Mr.Hall:
Iamresponsiblefortheunitwhichprocessesallpublic
recordsrequest.Asyourrequesttoobtaincopiesofthetwo
bidsfortheThorndalecanyonareafallsunderapublic
recordsrequest,Iwillbecompilingthedocumentsand
sendingthemtoyouwithinthelawfultimelines.Please
confirmthatthisistheemailaddresstowhichyouwouldlike
bothbidcopiessent.
Haveagoodafternoon.
~Pat
Patricia E. Sierra, M. A.
FirePrevention&SupportServicesBureau
OaklandFireDepartment
510.2383851mainline
510.238.2911desk
10
My grandfather once told me, There are two kinds of people, those
who do the work and those who take the credit. Try to be in the first
group; there is less competition there. Indira Gandhi
From:Trujillo,Miguel
Sent:Thursday,September15,20169:42AM
To:Sierra,Patricia<PSierra@oaklandnet.com>
Subject:FW:Requestforcopyofthe2bids...ThorndaleCanyonExtremeFire
Hazard
Pat,
Wouldyoupleaserespondtothisrequest.
Thankyou,
Miguel
From:Hall,Craig[mailto:chall@geiconsultants.com]
Sent:Wednesday,September14,20162:19PM
To:Trujillo,Miguel<MTrujillo@oaklandnet.com>
Cc:Hall,Craig<chall@geiconsultants.com>
Subject:Requestforcopyofthe2bids...ThorndaleCanyonExtremeFire
Hazard
FireMarshalMiguel
Thisemailistorequestacopyofthe2bids.Icanstopbytopickthemup(or
youcanemaila.pdf).LetmeknowwhenIcanobtainthisinformation.
From:Hall,Craig
Sent:Monday,September12,20163:38PM
To:'Trujillo,Miguel'<MTrujillo@oaklandnet.com>
Cc:EllenCross<crosse@strategydriver.com>;DeloachReed,Teresa
<TDeloachReed@oaklandnet.com>;Landreth,Sabrina
<SLandreth@oaklandnet.com>;Avila,Cesar<CAvila@oaklandnet.com>;Sotelo,
Amadis<ASotelo@oaklandcityattorney.org>;Schuerholz,Keith
<KSchuerholz@oaklandnet.com>;Keithvalen@aol.com
Subject:RE:ThorndaleCanyonExtremeFireHazardandPlannedMedia
Attention
FireMarshallMiguel
Thankyouforreplyingtoourconcerns.However,wecontinuetobefrustrated
withthelackofprogressonthehillsidedebris/treeremoval.Wedont
understandwhyyourdepartmentisnotworkingwithothersintheCityto
focusonBOTHthefirehazardANDtheblightissues.Bothareofconcernto
thiscommunity!ThegroupswithintheCitymustworktogether!
11
Wefindthebidsof$150koutrageousandwanttomakesurethebidsarein
alignmentwiththeactualscope.Wecantbelievetheremovalof1015trees
on propertiescanrelatetoa$150kremovalcost.Weheardthe
numberoftreesintheRequestforBid(RFB)was40to50.Thisisnotthe
numberoftreesthatwerecutandleftinplace!Weunderstandthenumberof
treesremovedon propertywasbetween10and15trees.DidtheCity
countthecuttreetrunksonthehillside?CanwegetacopyoftheRFBsowe
canconfirmtheproposedhillsidescope?
Weunderstand propertyhasyettobecleared.Therefore,your
statementthat propertyisnolongeroutofcomplianceisnottrue.
HowwilltheCitypushthispropertyownertocompletethedebris/tree
removalresponsibilities?
Pleaserespondtothisemailatyourearliest.
CraigHall
ElvertonDrive
Oakland,CA94611
From:Trujillo,Miguel[mailto:MTrujillo@oaklandnet.com]
Sent:Thursday,September08,201612:19PM
To:Hall,Craig<chall@geiconsultants.com>
Cc:EllenCross<crosse@strategydriver.com>;DeloachReed,Teresa
<TDeloachReed@oaklandnet.com>;Landreth,Sabrina
<SLandreth@oaklandnet.com>;Avila,Cesar<CAvila@oaklandnet.com>;Sotelo,
Amadis<ASotelo@oaklandcityattorney.org>;Schuerholz,Keith
<KSchuerholz@oaklandnet.com>;Keithvalen@aol.com
Subject:RE:ThorndaleCanyonExtremeFireHazardandPlannedMedia
Attention
Mr.Hall,
Pleaseseebelowinred.
Thankyou,
Miguel
From:Hall,Craig[mailto:chall@geiconsultants.com]
Sent:Tuesday,September06,20161:51PM
To:Trujillo,Miguel<MTrujillo@oaklandnet.com>
Cc:EllenCross<crosse@strategydriver.com>;DeloachReed,Teresa
<TDeloachReed@oaklandnet.com>;Landreth,Sabrina
<SLandreth@oaklandnet.com>;Maxson,Nayeli
<NMaxson@oaklandnet.com>;Avila,Cesar<CAvila@oaklandnet.com>;Sotelo,
Amadis<ASotelo@oaklandcityattorney.org>;Schuerholz,Keith
12
<KSchuerholz@oaklandnet.com>;Keithvalen@aol.com;Hall,Craig
<chall@geiconsultants.com>
Subject:RE:ThorndaleCanyonExtremeFireHazardandPlannedMedia
Attention
HelloMiguel
Thankyouforyouremail.Youremailbringstoattentionseveralissues:
1) YoustatedbelowtheFirePreventionBureauopinionregardingthetreetrunks
greaterthan24inchesisthattheydonotposeanimminentfirehazard.We
disagreewiththatassessment;rememberthattheissueonthehillsideisnot
onlyjustafirehazardbutalsoablightissue.Therefore,duetothetreesbeing
anunsightlydebriswastefield,alltreetrunks(eventhosegreaterthan24
inchesindiameter)shouldberemovedfromthehillsideduetoblight(andin
ouropinionpublicsafety/firehazard).Leavingthetrunksinplacealsopresent
thepotentialforfutureerosionandlandslideriskduringfuturestormevents.I
wouldliketoreiteratewhatIhavestatedfromdayone.Allhomeswithinthe
immediateareahaveover100feetofdefensiblespace.Ifanylogsweretoremain
outsidethedefensiblespaceareas,theFirePreventionBureaudoesnotconsidersuch
toposeanimminentfirehazard.WeagreethattheymaybeablightissuebutIam
focusingontheFirehazardissue.
Pleasenote,wewillhavetorebidthescopeofworktoincluderemovalofall
deadanddyingvegetationandwillexcludealllogremoval.Weonlyreceived2
bidswhichexceededourannualbudget.Onewas150kandtheotherwas
149k.Thenewscopeofworkwassentouttothevariouscontractorsthis
morning.
2) PleaseletusknowwhentheCitywillreexaminethesiteforcompliance.I
wouldliketoviewthesitemyselfsincelookingfromElvertonandSkylinedoes
notprovidethevisualnecessarytodeterminecompliance.Wehave
conductedseveralonsiteinspectionsandwewillreinspectfollowing
completionofabatementwork.
3) Youremailimpliesthat propertywasclearedandisnolongerout
ofcompliance.ThelastdiscussionwehadwithInspectorCamilleRodgers,the
propertywasnotcleared.Canyouprovidedetailsastowhentheclearingwas
performed?InspectorRogerswillconductasitevisittodaytoconfirm
compliancestatus.
4) Finally,pleasenotethatIhaveleftKleinfelderandhavetakenanewpositionat
GEI(seenewemailcontactinformationbelowmycellphonenumber
remainsthesame).
Thanks,
Craig
CraigHall,P.E.,G.E.
PrincipalGeotechnicalEngineer
13
GEIConsultants,Inc.
180GrandAvenue,Suite1410|Oakland,CA94612
T:510.350.2913|M:510.224.6242|F:510.350.2901
www.geiconsultants.com|vCard|map|LinkedIn|Twitter|Facebook
From:EllenCross[mailto:crosse@strategydriver.com]
Sent:Thursday,September01,20165:56AM
To:Hall,Craig<chall@geiconsultants.com>
Subject:Fwd:ThorndaleCanyonExtremeFireHazardandPlannedMedia
Attention
Goodafternoonall,
IwantedtoprovideaquickupdateregardingThorndale
Canyon.
Followingtheappealhearing,one(1)propertyremainsoutof
compliance.Acontractforremovalofalldeadanddying
vegetationwaspreparedforcontractorbiddingtoabatethat
one(1)remainingnoncompliantproperty.Atypicalcontractin
theWildfirePreventionAssessmentDistrict(WPAD)includes
thefollowinglanguage;notethatthesetypicalcontractsdo
notincludelargelogsorwholetrees:
14
Remove all cut debris, branches and logs with a
circumference less than 24 inches from
parcels
However,inthecaseoftheone(1)remainingnoncompliant
propertysscopeofworkwehaveaddedtheadditional
languagenecessarytoincludelargetreelogs(seeattached
scopeofworkandphotosofworkareatobeabated),andto
includethefollowing:
Thecontractwentoutforcontractorbiddingtoday,withthe
bidsduetobesubmittedbyTuesday,September06,2016.If
thebidsreceivedexceed$50,000,wewillhavetogoto
Councilforapproval.Ifremovalofthefelledtreelogsis
determinednottobeeconomicallyfeasible,wewillmove
forwardwiththeremovalofalldeadanddyingvegetation
only.Asstatedinmyoriginalemail,Thetreelogs(afterhaving
removedalldeadanddyingvegetation)donotposeanadditional
firehazardastheyaredensematerialandwouldnotreadilyburn.
Moreimportantly,allhomeswithintheimmediateareahavebeen
determinedtohaveover100feetofdefensiblespace.Ifanylogs
weretoremain,theFirePreventionBureaudoesnotconsidersuch
toposeanimminentfirehazard.
Pleaseseeattachedworkorderandphotossomeofareatobe
abated.
Thankyou,
Miguel Trujillo
Fire Marshal
510-238-4051 Desk
mtrujillo@oaklandnet.com
<16ACP015B-PrivatePropertyScopeofWork.doc>
15