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April 2004

California Oak Report

Orange County Lawsuit Hearing
In June 2003 we reported that the Saddleback Canyons Task Force had been initiated to fight the nefarious decision by Orange County Supervisors to approve the Saddle Creek development project . The 600 acre site is adjacent to the Cleveland National Forest and the development plan would remove more than 1,100 mature oaks and sycamores. In response, the Endangered Habitats League filed a lawsuit against Orange County. Supporters of the suit include the California Native Plant Society, Rural Canyons Conservation Fund, Sea & Sage Audubon Society, Sierra Club and California Oak Foundation.

The case is scheduled for a Superior Court hearing on April 24. The suit charges that the EIR does not disclose the fact that only 25% of the mitigation trees are being located in natural environments, with the remainder planted for landscaping or placed in fuel modification zones.

Oak Woodlands Legislation Needs Your Support
Senator Sheila Kuehl has again sponsored major oak woodlands conservation legislation. Senate Bill 1334 (Kuehl) seeks to strengthen existing law with respect to the conversions of oak woodlands and timberlands to other uses. Please send your letter of support to Senator Byron Sher, Chair, Environmental Quality Committee, your local Senator, Senate President pro Tem John Burton, Assembly Speaker Fabian Nunez and copy Governor Arnold Schwarzenegger by 1:30 p.m. on April 19th when the Environmental Quality hearing begins.

Oak Woodlands Conservation Fund Update
The Oak Woodlands Conservation Act of 2001(Act) established the Oak Woodlands Conservation Fund (Fund), which is administered by the Wildlife Conservation Board (WCB).

WCB funding requirements state that, "Prior to WBC awarding a grant for an oak woodland conservation easement, restoration or enhancement project or any public education or outreach project, Section 1366 of the Act requires that a city or a county in which grant money would be spent shall prepare or demonstrate that it has already prepared an Oak Woodlands Management Plan. The Act requires the plan to include a description of all native oak species located within the county or city's jurisdiction."

To date no local jurisdiction has submitted an Oak Woodlands Management Plan (Plan) for WCB review, but San Luis Obispo County recently unveiled a draft Plan for public comment. Over 100 negative responses soon after its release led the Planning and Building Department to withdraw the badly-flawed document. Now, the Board of Supervisors has it on it's schedule for April 27 as a consent agenda item (for details, contact Rick@greenspacecambria.org).

Regrettably, San Luis Obispo County officials have failed to understand that the grant components of the Fund are to be executed in the context of the overall improvement of local oak woodlands conservation. Following is COF's letter to San Luis Obispo County regarding their incomplete management proposal. Your comments should be send prior to April 27th.

    March 8, 2004

    Keith Miller
    Planning and Building Department
    County Government Center
    San Luis Obispo, CA 93408

    RE: County of San Luis Obispo Voluntary Oak Woodlands Management Plan

    Dear Mr. Miller:

    The California Oak Foundation (COF) writes to submit comments regarding the proposed County of San Luis Obispo Voluntary Oak Woodlands Management Plan (Plan) prepared by the Native Tree Committee. The stated mission of the Plan is "to promote the conservation of oak woodlands in the County and to meet or exceed the requirements necessary to participate in the Oak Woodlands Conservation Program as established by the Wildlife Conservation Board."
    Unfortunately, COF review finds the Plan falls short of the standards required to obtain grants from the Oak Woodlands Conservation Fund.

    Section 1366(c) of the Oak Woodlands Conservation Act of 2001 (Act) requires that, "To qualify for a grant under this article, the applicant shall demonstrate that its proposal provides protection of oak woodlands that is more protective than the applicable provisions of law in existence on the date of the proposal."

    The proposed Plan does not meet this Act standard, instead offering only reiterations of existing policies, while providing no additional protections for sustaining local oak woodlands biological values over time. Furthermore, the Plan fails to specify conservation priorities, including "special oak woodlands habitat elements" or offer improved measures to prevent oak woodlands habitat fragmentation due to residential development outside of urban areas.

    In a county where more than 90% of the public favors conserving the substantial oak resources of the area, surely elected officials and staff will do better than this draft indicates to keep faith with the voting public they serve. Property values are enhanced by oaks. Oak woodlands support more than 300 terrestrial species. Under separate cover, I'm sending your staff and Board of Supervisors an Oak Woodland Community poster and a species list.

    Please see COF's web site for further information: www.californiaoaks.org. My direct line is 510-763-0211, if you wish to discuss this matter further.

    Thank you for your consideration and cooperation in conserving oak woodland resources for future generations.

    Sincerely,
    Janet S. Cobb, President
    CALIFORNIA OAK FOUNDATION

Merchandise
California Oak Woodland Community Poster, a 24" x 18" full-color poster depicts California's predominant oak tree species and the animals that depend upon them. Orders include a list of the more than 300 species dependent on oak woodlands for food and shelter. $12.00 Regular, $10.80 Members. Quantity discounts available on boxes of 250 or more - contact 510/763-0282 for special order information.

 
 
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1212 Broadway, #842 Oakland, CA 94612  Tel. 510-763-0282
Fax: 510-268-9948
oakstaff@californiaoaks.org

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