The Orange County Superior Court recently dismissed a charge of unlawful injury to city landscape against Rocky Gentner of Seal Beach, according to the courthouse website. In March 2016, Gentner hired a tree service to remove a grove of trees from Gum Grove Park. The city did not authorize their removal. The city attorney recently estimated the cost of litigation over the tree removal at $120,000.
As part of the settlement of civil suits between the city government and the local businessman, the city agreed to notify the Orange County District Attorney’s Office that Seal Beach would like prosecutors to drop the charge against Gentner for the tree cutting. In July 2017, the city of Seal Beach and Gentner recently reached a settlement in the lawsuits over the removal of approximately 150 trees from Gum Grove Park in 2016. Gentner agreed to pay the city $250,000. As party of the settlement, both parties denied any wrongdoing. Both parties agreed to pay their own legal fees.
“I believe the total costs, including expert witness fees and other costs, were approximately $120,000,” according to City Attorney Craig Steele.
That figure does not include the cost of the prosecution of the municipal code complaint.
City Attorney Patrick Gallegos said he has asked the Finance Department’s and the city attorney’s office to verify that figure. However, resident Robert Goldberg, a budget watcher and City Hall critic believes the legal costs were higher.
“I have been tracking the ‘warrants’ (checks) that are listed for each Council meeting for the past year. The total through the end of June 2017 that was labeled as related to the Gentner case added up to just over $175,000,” Goldberg said.
The city originally demanded $89,300 to cover the cost of replacing the trees. In June 2016, City Attorney Steele sent Gentner a letter demanding payment to cover the cost of replacing the trees. According to that letter, 153 live trees were removed from the park.
The space where those trees once stood remains unchanged.
“The work has not begun on the restoration and City staff does not have a defined timeline just yet,” said Assistant City Manager Patrick Gallegos.
