CITY COUNCIL STAFF REPORT
February 20, 2024 {{section.number}}i
WITHDRAWAL OF APPROVAL OF THE LAWN BOWLING GREEN TURF REPLACEMENT
PROJECT, INCLUDING ASSOCIATED TREE REMOVALS
RECOMMENDATION:
Formally vacate all of the Project Approvals dated July 18 and August 15, 2023, relating to the Lawn Bowling Green Turf Replacement Project, including associated tree removals.
BACKGROUND:
On July 18, 2023, the City Council adopted a motion to proceed with final design to complete bid documents and authorize bid advertisements for the Lawn Bowling Green Turf Replacement Project (the “Project,) including removal and replacement four Canary Pines along D Avenue and the removal of the Torrey Pine known as P-56. On August 15, 2023, after a successful motion for reconsideration of the issue of tree removals, the Council approved an additional motion to “remove the four Canary Island Pine trees, prioritize their replacement, and explore the possibility of planting larger, more mature trees in collaboration with the Street Tree Committee to decide on the types and locations of the trees” (collectively, the “Project Approvals”).
ANALYSIS:
These approvals were challenged by Petitioners Shannon Player, Marybeth Milliken, Christine Mott, Emily F. Jones, and the Animal Protection and Rescue League, Inc. on September 5, 2023, in a Petition alleging the Project Approvals violated the California Environmental Quality Act (“CEQA”). On October 20, 2023, the Court granted Petitioners’ request for a Preliminary Injunction prohibiting the City from engaging in any work related to the Project Approvals during the litigation.
This action would withdraw all Project Approvals from July 18 and August 15, 2023 relating to the Lawn Bowling Green Turf Replacement Project. Once vacated, the project will not proceed unless and until there may be future City Council discussion related to the project.
FISCAL IMPACT:
Withdrawing Project Approvals curtails future spending on the project.
ALTERNATIVE:
Provide direction as needed.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
Not a project under CEQA.
PUBLIC NOTICE:
No notice required.
ATTACHMENTS:
None.
Submitted By: City Attorney's Office / Johanna N Canlas