HomeMy WebLinkAboutAGENDA REPORT 2004 0616 CC REG ITEM 10GMOORPARK CITY COUNCIL
AGENDA REPORT
ITEM 10-G.
1 o
TO: The Honorable City Council
FROM: Mary K. Lindley, Director of Community Services r
DATE: June 71 2004 (CC Meeting of June 16, 2004)
SUBJECT: Consider Rescinding Action Approving the Removal
of Five Pepper Trees on High Street
BACKGROUND
On February 4, 2004, the City Council authorized the
removal of five Pepper trees on High Street and directed
staff to implement maintenance and pruning procedures for
the remaining trees. The Council's action was in response
to the recommendation of a professional arborist, Michael
Mahoney. Mr. Mahoney was hired by the City to evaluate the
health of the Pepper trees and to provide the City with
recommendations on the maintenance and care of the trees,
including potential removal of hazardous trees. Following
the Council's action, an Emergency Exemption under CEQA was
completed and filed with the Ventura County Clerk's Office.
The City's action was challenged in a lawsuit. On May 19,
2004, the Ventura County Superior Court issued a
preliminary injunction, prohibiting the City from removing
the trees based upon the Court's conclusion that the
Emergency Exemption regulation under CEQA was not broad
enough to include the safety concerns presented by the
aging Pepper trees.
DISCUSSION
The City Council is being asked to rescind its action of
February 4, 2004. In place of the Emergency Exemption, it
is proposed that the City prepare a Tree Management Plan,
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Honorable City Council
June 16, 2004
Page 2
which would outline the maintenance, care, and management
of the pepper tree grove on High Street. Additionally, it
is recommended that the City undertake the appropriate
environmental review for the proposed Plan. The City will
not perform any routine or remedial maintenance work on the
High Street Pepper trees until the environmental review has
been completed.
It is further recommended that the Council direct the City
Manager to secure a qualified consultant(s) to perform the
necessary work. It is anticipated that the project will
cost approximately $15,000 to $25,000. Staff will return to
the Council at a later date to request a budget amendment
once a consultant has been selected.
STAFF RECODkONDATION
Rescind the Council's February 4, 2004,
five Pepper trees on High Street and
maintenance procedures, and direct the
execute a contract with a qualified
prepare a Tree Management Plan and envir
outlined in the Agenda Report.
action to remove
implement ongoing
City Manager to
consultant(s) to
onmental report as
M: \MLindley \Landscp Zones \Pepper Trees \Rescind pepper tree action
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