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Monday, July 03, 2023

PG and E and Your Trees

 Watch out. PG and E has been out and about in our neighborhoods, purportedly clearing tree limbs from power lines. Watch out they don't get too chop happy with those chain saws. Read this cautionary tale:

 A Cloverdale woman contends Pacific, Gas & Electric, Co. crews trespassed onto her mother’s property in 2021 and cut down "scores“ of trees worth hundreds of thousands of dollars, according to a lawsuit filed earlier this month in Sonoma County Superior Court.

The eight-page complaint, filed June 14 by Arlene Kock, alleges PG&E workers removed 48 mature oak trees, some that were more than 100 years old, from her mother’s property along Dutcher Creek Road.

Kock, who said she had the timber appraised by an arborist, added that the trees were valued at $212,600.

Kock’s mother died in early 2022 at the age of 99.

The daughter has since taken ownership and is accusing PG&E of wrongfully removing trees that were on private property.

Besides claiming inverse condemnation, or compensation for damages to private property, which were performed for public use, Kock is also seeking damages for alleged trespassing and for interfering with the enjoyment of her property.

The home is in a rural area. Utility lines stretch along Dutcher Creek Road but crews went beyond the public right of way to remove trees, said Kock’s attorney, Elizabeth Brekhus.

“There was just a lot of trees cut on the property and they were very far from (utility) lines, so there was no justification for that,” Brekhus said.

She said PG&E has been unresponsive to her client’s concerns.

A PG&E spokesperson, Angela Lombardi, told The Press Democrat that she has not seen the lawsuit and there could not comment.

According to PG&E’s website, it is required by the state to maintain utility lines and keep them free of hazards. Under this requirement, its crews do not need property owners’ permission to prune trees.

Hazardous trees are removed if they can’t be pruned effectively and large pieces of wood are supposed to be left behind for property owners to use or throw away.

In the months after the North Bay firestorm that ravaged this region in 2017, PG&E crews began removing thousands of charred trees that threatened utility lines across its service area.

Tree and vegetation management have since been among PG&E’s key approaches to preventing wildfires and power outages. Even so, excessive tree removal has been frowned upon by residents.

Kock’s lawsuit contends crews with six large trucks parked along the property’s private roadway without permission on Oct. 22, 2021.

They left after being confronted by the plaintiff but caused damage to the roadway, according to the lawsuit.

Kock also contends the workers returned over the following week without notice or consent and “intentionally and willfully” cut down trees on the property.

Some of the logs were placed into a nearby creek bed and damaged a cement dam structure.

Kock said she contacted a PG&E contractor and agreed to allow one vehicle to access the property for brush and tree trimming near the utility lines.

In November, she found another round of tree removal had taken place and crews hauled away a “substantial portion of the cut lumber,” according to the lawsuit.

Most trees were nowhere near power lines and “exceeded any need that PG&E could have to trim and clear limbs or trees from a reasonable distance from power lines,” Kock claims in the lawsuit.

She also alleges damage to the roadway, stream bed and dam and that shade and natural environmental benefits also were lost by the tree removal.

“The loss of these trees has affected the natural beauty of plaintiffs land and deprived plaintiff of the enhanced property value derived from such trees, the lawsuit states.



Monday, May 22, 2023

More Housing Doesn't Mean More Affordable Housng

Everyone says we need more housing, right, left and center. For years now, we have talked about infill, transit oriented development, workforce housing. The idea being that more workers in essential jobs, teachers, nurses, firefighters, even store clerks and servers, would be able to live closer to where they work. Or if not closer, they can hop on the train, the bus, Bart, AC Transit or whatever mode of transportation they are living next to. This all sounds good. In reality, the housing proposals that get submitted and approved, are mostly developer driven. Every day in the local news, you see phrases like "pencil out" "financially feasible" and the like.

This means that the developers need to keep their profit margin high. This is their business after all, building things, bigger and more, and keeping the shareholders happy. So they get density bonuses, the municipalities lower the number of "affordable" units they must include in the project. The terms "market rate" and "below market" are thrown around.

But what does that mean? If market rate is X, is below market rate $1 below X? And every day you read about neighborhoods being gutted, local control being taken away, mobile home parks where poor people have lived for decades uprooted, sending more and more folks into their cars, tents or just out on the street.

And gentrification. Because people do not move into high rise buildings to have homeless encampments next door. Or corner barber shops. They want high end retail and gourmet food outlets. 

Those who get booted out are lucky to get to double or triple up with roommates in an overcrowded over priced rental. Small businesses that get the shaft have nowhere to go. Rents are high. Until there's a crash and it starts all over again.

There must be a better way. Cities, towns, counties and non-profits must step up. Say No to big developers and start working with the communities who need housing first before building high end housing. This would probably mean land purchases, land that has had its "value" inflated by constant flipping and building. We can start by only allowing truly non-profit housing groups like Habitat for Humanity and others to build. To allow co-housing so that small groups of people can live in smaller homes with communal spaces. Institute real rent control. Pressure the legislature to repeal Costa Hawkins. Protect mobile home parks. And put caps on profits of sales of land, to stop the outflow of communities of color and the gentrification that comes with development.

Next time, case studies. There are many.