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Council Extends Contract With Arborist Firm Whose May Peninsula Tree Trimming -- Performed Pursuant To City Work Order Issued During Nesting Season -- Begat Brouhaha Over Nesting Bird's Death

Agenda item was among those Mayor Garcia sought to combine in peculiar unprecedented procedure prior to exiting for MSNBC political segment



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(Aug. 23, 2020, 8:10 a.m.) -- The City Council voted on August 18 without discussion or dissent to extend a contract with the City's long-time retained arborist firm that -- pursuant to a City authorized work order -- performed May 2020 peninsula median tree trimming during nesting season and a baby bird (which may or may not have been a Great Blue Heron) fell to its death from its palm tree nest..

The incident produced public dismay and prompted a Coastal Commission staff proceeding that alleged the City-authorized work order violated Coastal Commission wildlife protection/bird nesting rules. At the time, then-Public Works Director Craig Beck indicated a report would be forthcoming on what took place. However to LBREPORT.com's knowledge, no such report was publicly agendized for Council discussion or provided as a non-agendized "to-from-for" memo to the Mayor/Councilmembers. Mr. Beck recently retired and his successor, Eric Lopez, submitted and signed the Aug. 18 agendizing memo for the contract extension...which makes no mention of the May 2020 incident.

City management's Aug. 18 agemndizing memo indicated that the $3.4 million contract extension through March 31, 2021 "will provide adequate time for staff to complete a new procurement process without interruption to services" and "also provide resources to address items that were awarded one-time funding in the FY 20 first budget appropriation adjustments. Additional contract authority is needed for tree services for the Residential Street Improvements Program and the ADA Accessibility Programs prior to the start of street improvement and sidewalk repair work."

As previously reported by LBREPORT.com, a February 18, 2020 Council "consent calendar' (no discussion) voted extended the contract through Sept. 30, 2020 for $500,000...and its accompanying agendizing memo indicated the extension would enable a new contract procurement process (which hasn't happened yet.)

The Aug. 18 item was agendized for separate Council discussion with an agendizing memo here, but in a peculiar procedural action -- unprecedented in our viewing over 25 years of City Council proceedings -- Mayor Robert Garcia indicated some person -- he didn't say who or explain why -- had asked that ten agenda items (which happened to include this item) be approved in a single vote. City Attorney Charles Parkin indicated a single vote was allowable if the City Clerk individually announces each item and public comment is allowed on each item.

At some point during that procedure, Mayor Garcia -- whose City Charter duty is to preside at City Council meetings (considered his full time employment) -- disappeared (during the teleconferenced meeting) and was replaced by Vice Mayor Dee Andrews.

Earlier that day, Garcia indicated in a Tweet that he would appear on MSNBC [part of its 2020 Democrat convention coverage] at some point after 6 p.m. Pacific time...and did so in an interview focusing on various politically charged matters.

At no point did any Councilmember(s) question or object to Mayor Garcia's peculiar procedural request. None objected to his exiting the Council meeting at which he is supposed to preside. And none mentioned the May 2020 tree trimming incident.

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In May 2020, CA Coastal Commission staff alleged [May 11 Coastal Commission staff letter text] violations of the Coastal Act occurred as a result of a work order issued by the City of Long Beach that led to trimming roughly 86 palm trees along Ocean Blvd. between Glendora Ave. and 72nd Place during bird nesting season that resulted in the removal of several great blue heron nests and the death of at least one heron fledgling during the week of May 4th. Coastal Commission Enforcement Officer Jordan Sanchez informed Long Beach Public Works Director Craig Beck (cc'd to City Manager Tom Modica) in pertinent part: "Commission staff has confirmed that approximately 86 palm trees were trimmed during the bird nesting season, resulting in the removal of several great blue heron ("heron") nests and the death of at least one heron fledgling, during the week of May 4th. The unpermitted tree trimming activities at issue were undertaken pursuant to a Work Order issued by the Long Beach Department of Public Works to West Coast Arborists..." (LBREPORT.com detailed coverage here.)

LBREPORT.com is looking into the current status of the Coastal Commission staff proceeding.

As previously detailed by LBREPORT.com, when the initiating contract with West Coast Arborists came to Council for approval (May 10, 2016), veteran LB wildlife protection advocate Ann Cantrell recommended that future contracts specify that tree trimming not take place during nesting season. Her recommendation wasn't followed by city staff or by the City Council.

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