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Record of Proceedings

Oakland City Council Special Meeting – April 14, 2026: Tree Penalty Debate, Staffing Crisis, and Consent Approvals

City CouncilTuesday, April 14, 2026
BodyOakland, California
SessionCity Council
DateTuesday, April 14, 2026
StatusFILED
Video Record
0:00 / 4:18:22

Transcript — Verbatim
5:31

Good afternoon.

5:38

And welcome to the special city council meeting of Tuesday, April 14th.

5:44

Before I call roll, I will go over speaker card instructions.

5:48

If you would like to submit a speaker's card on any item, please fill out a speaker's card before the item is called or two hours after the start of the meeting.

5:57

This meeting was called to order at three thirty three thirty-five.

6:06

Whichever comes first.

6:09

Excuse me.

6:13

On roll for this meeting are Councilmember Brown.

6:22

Present.

6:23

Councilmember Five, present.

6:24

Councilmember Gayo is excused.

6:26

Councilmember Houston.

6:28

Here.

6:29

Councilmember Ramachandran.

6:31

Present.

6:31

Councilmember Unger.

6:33

Here.

6:33

Councilmember Wong, remember you do not have to put yourself in the queue.

6:37

Let me unmute you.

6:40

Present.

6:41

Council President Jenkins.

6:43

Present.

6:44

Showing seven members present at this time.

6:47

Going to item three modifications to the agenda.

7:03

No modifications.

7:08

There are no modifications to this.

7:10

Oh, one second.

7:11

Councilmember Unger.

7:14

I've got two.

7:15

Um on item six point nine.

7:17

I'd like to add council member Houston as a co-sponsor, co-author.

7:23

And then on item four point two in um one of the drafts, there was still some language around the parking administrator position that I think had been added in error, and I just want to make sure that we're um it's in it's in one of the places, but not the other one.

7:38

I think there may have been a cut and paste error.

7:42

I don't know if if someone can speak to that or whether we're gonna need to amend that.

7:49

I I had heard from the city administrator that that had been added in error and would be removed, but I don't think it has been yet.

7:55

So when we get to the item, okay, to the parliamentary, and we could deal with this.

8:00

Thank you.

8:32

Councilmember Brown.

8:33

Aye.

8:34

Councilmember Five.

8:35

Aye.

8:36

Councilmember Gaio is excused, Councilmember Houston.

8:39

Aye.

8:39

Councilmember Ramachandran.

8:41

Aye.

8:42

Councilmember Unger.

8:45

Councilmember Wong.

8:47

Aye.

8:47

And Chair Jenkins.

8:49

Aye.

8:49

Public hearing is open at 338 with a vote of seven ayes.

8:53

One excuse Gaio.

8:55

I will now read the item into record.

8:57

Conduct a public hearing and upon conclusion adopt a resolution finding Matthew Bernard and Lynn Warner.

9:03

Owners of record of assessor parcel number four eighth.

9:09

In violation of Oaken municipal code.

9:12

Chapter 12.36.

9:14

Protected trees by illegally removing 38 protected trees at said parcel and opposing a penalty per chapter 12.36.150 of the Oakland municipal code of a total sum of 915, 135.

9:41

This time we have t 21 speakers on this item.

9:46

Because of the amount of speakers, we will be doing a minute and 30 seconds for each speaker.

Discussion Breakdown — Share of Meeting
Personnel Matters████████████████████████████28%
Environmental Protection███████████████████████████27%
Procedural█████████████13%
Code Enforcement████████8%
Public Libraries████████8%
Budget and Finance█████5%
Land Use and Zoning███3%
Racial Equity1%
Fiscal Sustainability1%
Summary of Proceedings

Oakland City Council Special Meeting – April 14, 2026

This special meeting of the Oakland City Council convened at 3:35 PM on Tuesday, April 14, 2026, and adjourned at 7:47 PM. Seven council members were present (Brown, Fife, Houston, Ramachandran, Unger, Wang, Jenkins); Councilmember Gallo was excused. The meeting featured a lengthy public hearing on a $915,135.40 proposed fine for illegal tree removal, a staffing report showing a 19.69% citywide vacancy rate, and unanimous approval of a lengthy consent calendar.

Consent Calendar

The consent calendar was approved 7‑0. It included:

  • Renewal of local emergencies for HIV/AIDS, medical cannabis access, and homelessness (Items 6.1–6.3).
  • Receipt of the City Auditor’s FY2024‑25 professional services contracts (Item 6.4).
  • Re‑appointment of Lisa Rasler to the Mosquito Abatement Board (Item 6.5).
  • Amendments to the Salary Ordinance: creation of a Constitutional Policing Administrator and Assistant Director of Human Services classifications, and salary adjustments for the Neighborhood Law Corps Attorney; the Parking Administrator position was removed per committee amendment (Item 6.6).
  • An ordinance to strengthen illegal dumping enforcement by increasing penalties and making it an offense to transport waste without a license plate (Item 6.7).
  • A license agreement with the Oakland Parks & Recreation Foundation for maintenance of Tyrone Carney Park at $0 fee for two years with five one‑year renewal options (Item 6.8).
  • A resolution supporting California Senate Bill 1218 to require payment of illegal dumping fines before vehicle registration can be completed; Councilmember Houston was added as a co‑sponsor (Item 6.9).
  • Commemorative street renaming of the intersection 39th & Telegraph Ave as “Bishop Charley Hames Jr., Way” (Item 6.10).
  • Authorization of a pilot program with Aerbits Inc. to use surveillance technology for illegal dumping detection, with a required report within one year (Item 6.11).
  • Approval of cooperative purchase agreements for citywide services up to $2.9 million (Item 6.12).
  • Authorization to purchase 3105 San Pablo Ave for $3,495,000 (plus $242,000 in Measure KK funds) for a future Hoover Branch Library (Item 6.13).
  • A two‑year contract with Law Enforcement Technology Solutions (LETS) for a phone system, total not to exceed $22,583.26 (Item 6.14).
  • Approval of the OPD Vehicle GPS Tracker policy and Surveillance Impact Report (Item 6.15).
  • Appointment of Razzu Engen to the Bicyclist Pedestrian Advisory Commission (Item 6.16).
  • Reappointments of Ingrid Severson, Cynthia Elliott, and Jacqueline Long to the Community Policing Advisory Board (Item 6.17).

Public Comments & Testimony

  • Item 4.1 (Tree Ordinance Violation): 21 speakers, with many neighbors and environmental advocates expressing strong support for the full $915,135.40 fine. Multiple speakers from Trees for Oakland and Oakland Parks and Recreation Foundation described the 38 illegally removed trees (most were native oaks) as irreplaceable and urged enforcement. CAL FIRE’s urban forestry representative asked the city to “consistently enforce” the ordinance to protect state investments. Mr. Matthew Bernard (co‑owner) and his partner Lynn Warner argued that the trees were dead/dying and that they faced racial harassment from neighbors; they said they had applied for permits but never received responses. One neighbor, Peter Lee, described witnessing willful destruction and warned council members.
  • Item 4.2 (Citywide Staffing): 13 speakers, including city employees and union representatives, described the crisis. Seth Oyer (Oakland Firefighters) stated the fire department is budgeted for 500 positions but has only 418, forcing mandatory overtime; he said members are forced to work 14 consecutive days. An electrician reported that streetlight repairs take 6–8 months. Multiple Local 21 members highlighted a 29% vacancy in Oakland DOT and a 55% vacancy in tree services. They called for quarterly vacancy reports, faster hiring, and an end to expired eligibility lists.
  • Item 5.1 (Hazardous Materials Contract): One speaker asked about training to identify hazardous materials during volunteer clean‑ups.
  • Item 5.2 (Audit Recommendation Follow‑Up): Three speakers; Rajni Mandal urged council to ensure stalled audit recommendations are brought back with timelines until fully implemented.
  • Consent Calendar Open Forum: 14 speakers, overwhelmingly in support of the Hoover Durant Library property purchase. Speakers from Friends of Hoover Durant Library noted the neighborhood has been without a branch since 1981 and asked the city to fully fund library operations. Razzu Engen introduced themselves for the BPAC appointment.
  • General Open Forum: Two speakers; one criticized the parcel tax measure and asked for more attention to fentanyl and black community needs; another asked for discretionary funds to complete the library.

Discussion Items

4.1 – Violation of Protected Tree Ordinance (38 trees removed at APN 48H-7672-18)

  • Staff Presentation: Kristen Hathaway (Public Works) presented the case. Staff recommended adoption of a resolution finding Matthew Bernard and Lynn Warner in violation and imposing a $915,135.40 fine (based on ISA tree valuation protocols). The property had 38 protected trees illegally removed between 2020 and 2022. The site is now prone to erosion and fire risk. Staff showed before/after photos.
  • Property Owner Testimony: Lynn Warner and Matthew Bernard maintained they acted in good faith, filed applications, and faced harassment. They alleged racial discrimination.
  • Council Deliberation: Councilmember Ramachandran (district 4) moved to adopt the full staff recommendation, noting the owners knew the law and continued cutting after six warnings. She emphasized enforcement of existing laws. Councilmember Brown summarized her analysis: the city lacked timely enforcement, permit denials may not have been properly communicated, and penalty estimates used stump measurements rather than direct tree diameter. Councilmember Houston asked about alternative penalty options (options 3 & 4 in the supplement). He made a substitute motion for option 4: a fine of $417,111.55 (based on 28 trees outside the building footprint, valued at 80% health, with stump‑to‑breast‑height reduction) plus a restoration plan.
  • Votes: The original motion (full fine) tied 4‑4 (Ramachandran, Unger, Wang, Jenkins in favor; Brown, Fife, Houston, Gallo absent against). The mayor declined to break the tie, so the motion failed. The substitute motion (option 4) failed 3‑4 (Brown, Fife, Houston in favor; Ramachandran, Unger, Wang, Jenkins against; Gallo absent). A third motion to continue the item to the May 5, 2026 council meeting passed 7‑0.

4.2 – Informational Report on City‑Wide Staffing (as of February 1, 2026)

  • HRM Presentation: Aaron Zadlow reported a 19.69% vacancy rate (839.75 vacant positions). The highest vacancy rates were in tree services (55%), HRM (45%), Police Commission (39%), and DOT (29%). Fire and police had the largest numbers of vacancies (121.5 and 114 respectively). Local 21 had the highest union vacancy rate (24.62%). Retirement separations were up 55.8% since 2021. The hiring process averages many months.
  • Labor Response: Union representatives (Local 21, SEIU, IAFF, IBEW) gave a joint presentation. They noted nearly 80% of vacancies are non‑sworn. They called for a citywide salary survey, renewal of the Vacancy Strike Force (funded at $250,000 in 2023 but never implemented), quarterly vacancy reports until the rate drops below 10%, and an end to expired eligibility lists. They pointed out that peer cities like San Francisco and San Jose have lowered their vacancy rates while Oakland’s remains stagnant.
  • Council Discussion: Councilmembers expressed frustration. Councilmember Wong asked why HR positions were only added in January 2026. Councilmember Unger urged HR to convene department heads for solutions. Councilmember Ramachandran cited public perception of hiring dysfunction.
  • Motion: President Jenkins moved to receive and file the report, and to require a biannual (twice‑yearly) informational report to the Finance & Management Committee. The motion passed 7‑0 (Gallo absent).

5.1 – Professional Services Agreement with Bayview Industrial Services (Hazardous Materials)

  • Staff presented a one‑year $500,000 contract (renewable for one year, total $1 million) for on‑call emergency hazmat collection and disposal. Council approved 6‑0 (Galloo and Ramachandran excused).

5.2 – Audit Recommendation Follow‑Up Report as of December 31, 2025

  • City Auditor Michael T. Houston reported that 213 of 300 recommendations since 2014 (71%) are implemented. 87 remain open, including 13 from a 2019 OPD overtime audit that require IT investment or labor negotiations. The report includes examples of implemented items (e.g., police commission strategic plan, fire prevention enforcement). Council received and filed the report 6‑0.

Key Outcomes

  • Item 4.1 continued to the May 5, 2026 council meeting without a decision on penalty.
  • Item 4.2 received and filed with a directive for biannual staffing reports to the Finance & Management Committee.
  • Item 5.1 (Bayview hazmat contract) approved 6‑0.
  • Item 5.2 (Audit follow‑up) received and filed 6‑0.
  • Full consent calendar approved 7‑0, including the Hoover Library property purchase and the illegal dumping enforcement ordinance (both to be introduced with final passage on May 5, 2026).

Meeting Transcript

Good afternoon. And welcome to the special city council meeting of Tuesday, April 14th. Before I call roll, I will go over speaker card instructions. If you would like to submit a speaker's card on any item, please fill out a speaker's card before the item is called or two hours after the start of the meeting. This meeting was called to order at three thirty three thirty-five. Whichever comes first. Excuse me. On roll for this meeting are Councilmember Brown. Present. Councilmember Five, present. Councilmember Gayo is excused. Councilmember Houston. Here. Councilmember Ramachandran. Present. Councilmember Unger. Here. Councilmember Wong, remember you do not have to put yourself in the queue. Let me unmute you. Present. Council President Jenkins. Present. Showing seven members present at this time. Going to item three modifications to the agenda. No modifications. There are no modifications to this. Oh, one second. Councilmember Unger. I've got two. Um on item six point nine. I'd like to add council member Houston as a co-sponsor, co-author. And then on item four point two in um one of the drafts, there was still some language around the parking administrator position that I think had been added in error, and I just want to make sure that we're um it's in it's in one of the places, but not the other one. I think there may have been a cut and paste error. I don't know if if someone can speak to that or whether we're gonna need to amend that. I I had heard from the city administrator that that had been added in error and would be removed, but I don't think it has been yet. So when we get to the item, okay, to the parliamentary, and we could deal with this. Thank you. Councilmember Brown. Aye. Councilmember Five. Aye. Councilmember Gaio is excused, Councilmember Houston. Aye. Councilmember Ramachandran. Aye. Councilmember Unger. Councilmember Wong. Aye. And Chair Jenkins. Aye.

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