"Lorax" Neighbors, Property Manager in Fight Over Felled Redwoods

When some residents saw workers hacking away at two old redwood trees on John Street, they were horrified. They contacted city staff to intervene, citing the size and age of the trees. They said the trees, maybe 100 years old, are protected by the city municipal code.

Before the chainsaws and axes went silent last month, the trees had been reduced to stumps. Now the neighbors want the city to impose fines on the owner of the vacant home where the trees once towered. The residents want the owner and the owner's the father-in-law who manages it to be issued fines and penalties for cutting down the trees.

The property manager, whose real estate office is right around the corner of the home, defiantly said he plans to fight for private property rights.

The dispute has reached the stage of a city investigation involving the city attorney to determine what happened, said Pinole Planning Manager Winston Rhodes.

Rhodes said the tree removal workers told city staff that they had been hired by Tom Gozzano, the property manager of the home at 2599 John Street. Gozzano, whose Old Time Realty office is nearby on San Pablo Avenue, said the tree's roots were invading the sewer pipes on the property and that tree debris clogged rain gutters. John Street resident Andy Friend and his neighbors, who signed a complaint, allege that those problems could have been resolved with more meager measures than chopping down the trees.

"The community believes that both reasons...could have been reasonably remedied through much less drastic means.. such as installing roof gutter shields and tree root pruning followed by pipe-bursting," the residents wrote in a letter to city council members.

The residents of John and adjacent Rafaela streets have asked council members to impose civil and criminal penalties up to $15,400 against the property owner and the crew that removed the trees. They also want 10 new redwood trees planted as compensation.

Gozzano is putting up a fiery defense, noting that the home is on private property and the ordinance, according to his attorneys, is "capricious and arbitrary" and not applicable to the residence, which he said is owned by his son-in-law. Rhodes identified the property owner as Scott Marshall.

Gozzano said that on Wednesday, three weeks after the tree cutting, he paid $105 for a permit to remove the trees. He vowed to seek compensation for the permit cost and for the the time he is spending defending himself, including a phone interview with Pinole Patch.

"I will be asking the city for damages," he said, calling the situation "a terrible breach of my civil liberties."

Gozano said one tree was rotting from the inside and another healthy tree was breaking up the sidewalk. He said he might counter the protest of the "accusers" for their own violations of city regulations, which he declined to describe. He said that did not regard that as a threat.

"It's very difficult when you're throwing rocks at a glass house," Gozzano said.

Gozzano said on Wednesday that the never received the complaint that residents sent to city officials.

"These guys are spineless people," Gozzano said " I feel they are spineless misfits. I just don't want to take their guff."

He insisted that he will assert private property rights.

"This is America, this is not Iran," Gozzano said.

The John and Rafael street residents contend the trees likely pre-date the construction of their homes and are protected by the city ordinance.

"I think that's one of the charms or Old Town," said Friend. "It still has some of those old redwoods. The second tragedy is that the trees could have been saved. The city being so short-staffed, they got word that it was on private property and nothing could be done about it. The city tragically failed in its responsibility. I want to make sure this doesn't happen again."

City officials are talking to the neighbors, staff and other parties involved to unravel the affair, said Rhodes.

"We're still investigating and we're still gathering information," Rhodes said.

City Attorney Ben Reyes is trying to determine what happened during the days that the trees were removed, and if any violations occurred, Rhodes said.

However the situation ends, it's likely to take a long time, Rhodes said, given the complicated issues and the money at stake. The duration will depend in part on the cooperation of the parties involved, he said.

Gozzano, a former city council member, said he will be at a future city council meeting to challenge the ordinance and possibly other city regulations. He suggested that the protesters, whom he called likely "freeloaders" move, but he said he wouldn't assist them professionally.

"The best thing for them is to stay away from me," Gozzano said. "I'm a realtor. I would say, "Please stay away from me because you'd be too cheap to pay a commission.'"

The attached document includes the neighbors' complaint sent to Pinole City Council members.