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Council declines HOA's proposal to assume maintenance of street trees after staff warns of high removal costs
Summary
Council rejected a proposed memorandum of agreement with the Mayberry Ranch homeowners association after staff reported that an arborist identified 127 trees needing removal and estimated roughly $80,000 in removal costs; the motion failed 4–3 amid liability and equity concerns.
The City Council on Aug. 12 voted down a proposed memorandum of agreement under which the Mayberry Ranch Homeowners Association would assume maintenance responsibility for street trees in its neighborhood.
Staff and the city arborist reported that many trees in the HOA area were improperly planted or structurally unsound. Staff said the arborist recommended removing 127 of 227 subject trees and estimated removal costs at approximately $80,000, with an initial trim of about $19,000 and an ongoing $4,000 annual trimming cost. Under the proposed MOA the HOA offered to reimburse up to $16,000 of the initial trim and to contribute up to $5,000 per year for two years toward replanting or planter modifications.
Council discussion focused on liability and fairness. Several members questioned whether the city would retain first‑level liability because trees lie in the public right‑of‑way even if an HOA assumed maintenance, and whether a partial HOA reimbursement covered the near‑term removal expense. Some councilmembers argued the city should resolve long‑standing maintenance inequities, while others said it was premature to shift responsibility without clear indemnification and a full fiscal picture.
The motion to adopt the memorandum of agreement failed 4–3 (Councilmembers Tavares, Gutierrez, Bilodeau and Dimitrio voted no). Staff said they would continue discussions and recommended prioritizing imminently hazardous trees for immediate attention.
Ending: Staff indicated they would triage hazardous trees, continue working with the HOA and return with a revised agreement or options that address indemnity and phased work.
