Judge approves Main Street ficus removal
Lolita Harper
Shade and ambience on Main Street in Balboa Village fell victim to
practicality Monday as a judge gave the city the go-ahead to proceed
with a $7.5-million renovation project and remove 25 ficus trees, the
roots of which officials contend have created buckling sidewalks and
plumbing problems.
Orange County Superior Court Judge Ronald L. Bauer on Monday found
that arbor activists were, in fact, too late in filing their legal
appeal to the city’s decision to remove the trees and granted the
city permission to go forward with previous plans.
City Manager Homer Bludau said he was pleased with the decision
and relieved that the court agreed that the city followed its due
process.
“It’s nice to see the court affirm that we had done everything
right,†he said.
Members of the Balboa Arbor Society, who filed the lawsuit July 8
to prevent the city from following through with its plan to remove 25
of the trees from Main Street on the Balboa Peninsula, argued they
were well within their 180-day deadline to file an appeal, given they
believed the deciding vote came in late May by a thin majority.
Jan Vandersloot, a member and unofficial spokesman for the group,
said he lamented not only the possible loss of the peninsula
landmarks but what he described as a misrepresentation of facts by
the city.
Vandersloot maintains the final vote on the ficus dispute was cast
at a City Council meeting in May, during which representatives from
both camps debated the issue late into the night. The resulting
council vote was 3 to 2, with two council members absent.
While public hearings about the trees’ removal were held this
year, the city argued that the initial decision to uproot the ficus
trees was made in August 2001, when council members first approved
the renovation plans for the area.
Vandersloot said his organization plans to appeal the decision and
will work industriously to save the 40-year-old, overarching trees,
which he calls essential to the character of Main Street. The group
has consistently encouraged the city to partake in root-trimming
efforts to stop the subsequent damage rather than remove the trees
altogether. It would take years for the trees’ replacements, young
coral gums, to bestow the same amount of shade and beauty to the
peninsula’s busy merchant area, they argued.
“We will continue to fight for the mature trees in the city,â€
Vandersloot said.
City officials said they will also keep pace with their plans for
renovation, which calls for the replacement of Ocean Front Walk and
sidewalks and streets on Main, Palm and Washington streets, as well
as other improvements. Time is crucial in the project planning
because certain work is prohibited by the California Coastal
Commission during summer months and would have to be completed before
then. Officials had planned to begin the work on Sunday.
Vandersloot said he hopes the city will let the entire legal
process, including the appeal, take place before the city takes
action to remove the trees.
Bludau said he had no timeline for when the tree-removal portion
of the project would begin but said it could happen at any time.
“The judge said we can go about the removal process whenever we
want,†Bludau said.
* LOLITA HARPER covers Costa Mesa. She may be reached at (949)
574-4275 or by e-mail at [email protected].
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