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HomeMy WebLinkAboutAgenda Packet 05/26/1998 "PUBLIC REVIEW COPY AGENDA pease do not remo-ye from cMsster ATASCADERO CITY COUNCIL MEETING TUESDAY,MAY 26, 1998 City of Atascadero 6500 Palma Avenue, 4'floor Atascadero, California CLOSED SESSION, :30 P.M.; 1) Conference with labor negotiator(Govt. Code Sec. 54957.6) Agency.Negotiator. City Manager Emplo ee organizations: Department Heads,Mid-Management/Professional, Atascadero Fire Captains, Atascadero Firefighters, Service Employees Intl.Union Local 620,Atascadero Sergeants Service Orgn.,Atascadero Police Officers Assoc.,Atascadero Public;Safety Technicians Orgn. REGULAR SESSIO ,7:00 P.M.: PLEDGE OF ALLE IANCE: Mayor Carden ROLL CALL: Aayor Carden ayor Pro Tem Johnson ouncil Member Clay ouncil Member Lerno Council Member Luna APPROVAL OF AG NDA: Roll Call COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiati Council Members may make a brief announcement or-a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. No formal action by the Council will be taken unless an item is identified on the Agenda) PRESENTATIONS: A. Proclamation: "Commending the Atascadero Native Tree Association for their Commitment to make Atascadero a Tree City" B. Proclamation: "Supporting Amtrak's Purchase of New Equipment for San Diegan Rail Corridor" C. Recognition of Tom Way, recipient of the Distinguished Service Award from the Emergency Medical Services Agency. COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Council may take action to direct the staff to place a matter of business on a future agenda.) A. CONSENT CALENDAR: Roll Call (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunityfor any member of the public to address the Council concerning the item before action is taken) 1. April 1998 Accounts Payable & Payroll-Fiscal Impact: $913,859.44 (Staff recommendation: Review and approve) [Rachelle Richard) 2. Weed Abatement-Awarding of Contractor Bid—Fiscal Impact: None`(Staff recommendation: Council authorize the Mayor to execute an agreement with R& S Landscaping) [Mike McCain] 3. Zone Change#98001 -Planned Development Overlay Zone No. 8 (Gearhart/Cannon Associates)—Fiscal Impact: None (Staff recommendation: Waive reading of Ordinance No. 348 and introduce for second reading by title only) [Paul Saldana] R. PUBLIC HEARINGS: 1. Weed Abatement—Hearing of Objections—Fiscal Impact None (Staff recommendation: Hear objections and authorize the Fire Chief to proceed and perform the work of abatement) [Mike McCain] 2 C. MANAGEMENT REPORTS: 1. Anza Trail Ce tification A rg eement—with the National Parks Service—Fiscal Impact: None (Staff recommendation: Authorize the Mayor to enter into an agreement with the National Parks,Service to certify a portion of the Juan Bautista de Anza Historic Trail located on Ci property) [Brady Cherry] 2. Tree Ordinance Review-Fiscal Impact: None (Staff recommendation: Direct staff to make changes o the Tree Ordinance and return with a revised Ordinance) [Paul SaldanaJ 3. Fixed Route Service—Atascadero Dial-a-Ride—Fiscal Impact: $10,000 for startup costs (Staff re ommendation: Approve the modification of the existing demand response Transit servicc to a combination demand response and fixed route system) [Brady Cherry] 4. Information B Iletin D._ COMMITTEE REPORTS (The followin represent standing committees. Informative status reports will be given, as felt necessa y.): 1, S.L.O. Counci I of Governments/S.L.O. Regional Transit Authority 2. Finance Committee , 3. Economic Rot nd Table 4. Water Commi tees A. SLO C unty Flood Control & Water Conservation District Water Resources Advis ry Committee B. Nacim ento Water Purveyors' Contract Technical Advisory Committee C. North County Water Task Force 5.- Integrated Wa to Management Authority 6. North County Council 7. Air PollutionControl District 8. County Mayo 's Round Table 9. Economic Vitality Corporation, Board of Directors 10. City/Schools Committee E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Attorney 3. City Clerk 4. City Treasure 3 f F. ADJOURNMENT: THE COUNCIL WILL ADJOURN TO THE REDEVELOPMENT AGENCY MEETING IMMEDIATELY FOLLOWING THIS MEETING. Please note: Should anyone challenge anyproposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. 4 City of Ataseadero WEL OME TO THE ATASCADERO CITY COUNCIL MEETING GENERAL INFORMATION The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., in the Council Chamber of City Hall. Matters are considered by the Council in the order of the printed Agenda. Copies of staff repoits or other documentation relating to each item of business referred to on the Agenda are on file in th office of the City Clerk(Room 208)and in the Information Office(Room 103), available for public ins ection during City Hall business hours. In compliance with theAmericans with Disabilities Act,if you need special assistance to participate in a City meeting or othe r services offered by this City,please contact the City Manager's Office,(805) 461-5010, or the City C erk's Office,(805)461-5074. Notification at least 48 hours prior to the meeting or time when services a e needed will assist the City staff in assuring that reasonable arrangements can be made to provide acc ssibility to the meeting or service. TO SPEAK AT PUBLIC HEARINGS Scheduled public hearit gs are itemized on the Agenda. The Mayor will identify the subject,announce when the public hearinE is open and request anyone interested to address the Council regarding the matter being considered. If you wish to speak for,against or comment in any way: + You must approach the podium and be recognized by the Mayor • Give your r ame and address • Make your statement • All comments should be made to the Mayor and Council • ' All comments limited to 5 minutes(unless changed by the Council) • No may speak for a second time until everyone wishing to speak has had an opportunity to do so,an J no one may speak more than twice on any item. The Mayor will announ a when the hearing is closed,and thereafter, no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED AS PUBLIC HEARINGS Under Agenda item,"COMMUNITY FORUM",the Mayor will call for anyone from the audience having business with th Council to: • Please approach the podium and be recognized • Give your t lame and address • State the n ture of your business This is the time items n A on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowe for Community Forum (unless changed by the Council). TO HAVE ITEMS PLACED ON AGENDA All business matters to appear on the Agenda must be in the Office of the City Manager ten days preceding the Council meeting. Should you have a matter you wish to bring before the Council,please mail or bring a written ommunication to the City Manager's office in City Hall prior to the deadline. f E Proclamation of the City Council of the City of Atascadero commending!the Atascadero Native Tree Association for their commitment to make Atascadero a Tree, City. WHEREAS, the ity of Atascadero has been named a Tree City USA by the National Arbor Day Foundation; and WHEREAS, such Tree City USA designation requires the community to meet four standards A community tree ordinance, a tree board, a comprehensive community foresto program and an Arbor Day observation and proclamation; and f . f WHEREAS, thetascadero Native Tree Association provides the leadership and 8.Y ener necessa 11provide the components to becoming a Tree City USA; and r1',o WHEREAS, thetascadero Native Tree Association provides outstanding service to the local comm cnity to enhance our urban forest; and WHEREAS, the volunteers who make tip the Atascadero Native Tree Association have provided countless hours that have significantly benefited the entire community. NOW, THEREFORE, the City Council of the City of Atascadero hereby acknowledges the"citizenship of the Atascadero Native Tree Association and commends the organization and its volunteer members for the tremendous work on behalf of the City of Atascadero and its urban forest. Harold L. Car'en, II Mayor City Council, City of Atascadero May 26, 1998 The National Arbor Day Foundation® 211 N.12th Street•Lincoln,NE 68508.402-474-5655'www.arborday.org April 24, 1998-- RECEIVED HONORARY TRUSTEES ��(�]] - STEWARTUDALL The '';Honorable Ray Johnson APR 2 7 M Chair Mayor of the Cit of Atascadero Former Secretary of Interior Y Y EDDIE ALBERT 65001 Palma Avenue Entertainer Atascadero CA 93422 IATASCADERO CITY MANAGER/ WILLIAM H.BANZHAF Executive Vice President Society of American Foresters DOUGLAS SEREUTER Dear Mayor Johnson: U.S.Congressman VV DONALD BORUT National League Congratulations to Atascadero on being named as a National League of Cities DICK CAVE I1 1991 Tree City USA! Entertainer J.THOMAS COCHRAN Executive Director A community's tree-planting program is a living U.S.Conference of Mayors DR.MICHAEL DOMBECK memorial to the citizens ' concern for the quality of Chief USDA forest Service life. The trees we plant and care for today will increase J.JAMES EXON property values, cool and beautify our cities, fight Former U.S.Senator LADY BIRD JOHNSON pollution, conserve energy, and give wildlife a home for Stonewall,Texas years to come. PAULJOHNSON Chief Natural Resources Conservation Service J.MICHAEL McCLOSKEY .,. The Tree City USA award indicates that you take your Chairman municipal tree-care responsibilities seriously. Sierra Club P P Y' MAXINE(MRS.FRANK)MORRISON Former NebraskaFirst Lady JAMESC.OLSON An effective community forestry program is an J.Sterling Morton Biographer ongoing process of growth and renewal--a program of ERNEST C.SHEA Executive Vice President planting and care that continues through the years. As a Natl.Assn.of Conservation Districts Tree City USA, you have a solid foundation for that R.E.`TED'TURNER Chairman process of improvement. Turner Broadcasting System LAURENCE D.WISEMAN President American Forest Foundation Tree City USA is sponsored in cooperation with the BOARD OF TRUSTEES National Association of State Foresters . State foresters HELEN BOOSALIS are ':responsible for the presentation of the Tree City USA Chair flag and other materials. We will forward your awards to TONY DORRELL Chair Vice Chair Eric01dar in your state forester' s office. They will be LETICIA ROCHE CANO coordinating the presentation with you. It would be PRESTON COLE MRS.LEE(CAROLYN)CRAYTON JR. especially appropriate to make the Tree City USA award a DR.GARY HERGENRADER part of your Arbor Day ceremony. BILL KRUIDENIER JIM LEUSCHEN PETER MYERS '.; Again, congratulations on receiving this national DR.JAMES O'HANLON recognition for your tree-care program. STAFF JOHN ROSENOW t ards President reg SUSAN McINTOSH KRIZ '.. Executive Vice President John Rosenow President cc: IKelly Heffernon ree.n.ue SDY IN� PRDCLAMA TION S UPPOR TING AMTRAK'S PURCHASE OFNEWEQUIPMENT FOR SANDIEGANRAIL CORRIDOR WHEREAS, C'alifornia's population continues to grow and traffic congestion continues to worsen;and WHEREAS; Transportation options are essential to preserving the quality of life in California;and WHEREAS, San Diegan passenger'rail service has been connecting the cities of San Diego and Los Angeles since1938, San Diego and Santa Barbara since 1988, and San Diego and San Luis Obispo since 1995;and WHERE4S, 1 In ak s San Diegan corridor extends some three hundred forty-seven miles, serving 32 CaliforniaCities;and WHEREAS,,Amtrak s San Diegan corridor is Amtrak's second busiest behind the Northeast Corridor, carrying o-er 1.6 million passengers annually;and WHEREAS, lRail travel continues to increase in popularity, with ridership along the San Diegan corridor increasing 4.4 percent in FY97 to its highest level in four years; WHEREAS, tascadero supports inter-city passenger rail service to complement regional transit services as pat of the region's transportation network; WHEREAS, New rail equipment on Amtrak's San Diegan corridor will provide even more modern, reliable, convenient train service on the rapidly growing corridor; S WHEREAS, mtrak is investing approximately$100 million in new trains and an additional $34 million in new to omotives in California; WHEREAS,:Amtrak s investment in this new equipment will carry Californians into the next k century; a NOW, THEREFORE, Be it proclaimed that the City Council of Atascadero does hereby declare support for mtrak s purchase of new passenger rail equipment as it will improve the City's regional transportati gn and economic prosperity. F j HAROLD r, CA EN, [I(A M or City ofAtascadero, CA Dated.--May 26, 1998 ITEM NUMBER: A - 1 DATE: 05/26/98 i s ® 1 79 CADS City Man er's Agenda Report Wade G. McK*' ney r r RIL 1998 ACCOUNTS PAYABLE & PAYROLL RECOMME ATION Approve certifi d City accounts payable,payroll and payroll vendor checks for April 1998. DISCUSSIO Attached for Ci Council review and approval are the following: Payroll Period Ind 03/27/98 Ck. #34553-34699 $ 123,608.24 Period nd 04/10/98 Ck. #34721-34876 128,473.11 Period nd 04/24/98 Ck. #34903-35043 142,643.48 Special Pgyroll Dated 04/23/98 Ck. #34895-34902 213.64 Pa roll Vendors - Dated 04/03/98 Ck. #34543-34716 16,995.75 Dated 0 /07/98 Ck. #34717-34720 33,847.00 Dated 0 /17/98 Ck. #34877-34894 45,865.47 Dated 0 /30/98 Ck. #35044-35056 43,877.59 Dated 04/30/98 Ck. #35057-35064 35,531.83 Accounts Payable f Dated April 1-30, 1998 Ck: #-61931-62314 299,142.44 Ck. #EFT22-EFT23 43,660.89 TOTAL AMOUNT $ 913,859.44 000001 City Manager's Agenda Report April 1998 Accounts Payable and Payroll Page Two FISCAL IMPACT Total expenditures for all funds is $913,859.44 CERTIFICATION The undersigned certifies that the attached demands have been released for payment and that funds are available for these demands. Dated: May 11, 1998 Rache le Rickar Acting Finance Director Approved by the City Council at a meeting held May 26, 1998. Marcia M. Torgerson, City Clerk ATTACHMENT. April 1998 Warrant Register in the amount of $342,803.33 L 000002 k +-e A¢ -i W WZY:LYY`L'LS,C`L•L3CY'L`L'LY'L`L5C`L3C`L'L'L`L•LY YY`LYYY`L'L`L Y`L'L`LY`G •L`L - - F - I L cc Z U U U U U U U Q I d¢ O W w W W w W W W L•'W w W W W WWWW WWWW W W W F W W WWWW W W W LU W W W W W W W .. 1 UU- RSS222SSSSSSSSSSSS_s2222222 ,T222S2,2222222SSST_ S. _ 1 N H U U U U C1 U U V U U tJ U U U U U U C7 U U UL` U U U U U3 U U U U U'U UU UU UU U V U U U . W o I W W W A G A R A R ani R R A A A A A A G A A A R A R A A A R S R A G R A A"A A A A R A G A A A A L 9. ' J I S S J P W w.w.w W L k l'I.I w W w W w W w w W W W W w w w w w W W ¢w W W W W W W W W W W W W W W W W CAF r- I JNF-PEEPER-Ft-FFFFF FFFFFFFFFFFF FM-FFFFI-FFFFFFFF FF i{-H L,1 o.f .c..awWl�¢ ¢¢¢¢ ¢ ¢¢ ¢¢¢¢¢¢Q¢¢¢¢¢¢¢ Q.¢¢-L.�¢dd¢¢d ¢¢.¢¢¢¢ ¢¢¢¢¢ . 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Staff recommends awarding the bid to the lowest bidder, R& S Landscaping. k FISCAL IMPACT: i Funds are budgeted annually to cover costs of the weed abatement program and fees are recovered through assessments on property tax bills. ALTERNATIVE: No alternative recommended. RESPONSIBLE DEPARTMENT: Fire Department f ATTACHMENT: I Contractor Bid Sutmmry Contract 1198-028 k f t I 000011 City of A tas ca of the City Clerk BID SUMMARY TO: Fire Chief Mike McCain FROM: Marcia M. Torgerson, City Clerk BID NO.: 98-05 OPENED : 05/06/98 2:00 p.m. PROJECT: Weed Abatement Services (2)bids were received and opened today, as follows: Bidder PART I PART II PART III (Tractor) (Hand Work) (Hauling) R& S Landscape $44.00/hr. $22.50/hr. $30.00/hr. P.O. Box 1403 $25.00/1/2 hr. $15.00/1/2 hr. $20.00/1/2 hr. Paso Robles,CA 93447 Jack R. Bridwell $40.00/hr. $22.00/hr. $50.00/hr. 11600 Viejo Camino $30.00/1/2 hr. $18.00/1/2 hr. $40.00/1/2 hr. Atascadero, CA 93422 Attachments: 2 bids 000012 City of Atascadero Contract#98-028 AGREEMENT FOR SERVICES OF CONTRACTOR- 1998 This agreement is made upon the date of execution, as set forth below, by and between R & S Landscaping (owner: Ryan Packer), a weed abatement contractor, hereinafter referred to as "Contractor", and the City of Atascadero, California, a Municipal Corporation, hereinafter referred to as "City".' The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions: 1.00 GENERAL PROVISIONS 1.01 TERM: This agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein. 1.02 SERVICES TO BE PERFORMED BY CONTRACTOR: Contractor agrees to perform or provide the services specified in "Description of Services" attached hereto as "Exhibit A" hereby incorporated herein. Contractor shall determine the method, details and means of performing the above-referenced services. Contractor may, at Contractor's own expense, employ such assistants as Contractor deems necessary to perform the services required of Contractor by this agreement. City may not control, direct or supervise Contractor's assistants or employees in the performance of those services. 0 1.03 COMPENSATION: In consideration for the services to be performed by Contractor, City agrees to pay Contractor the consideration set forth in the amounts and under the terms provided in "Exhibit B",hereby incorporated herein. 2.00 OBLIGATIONS OF CONTRACTOR 2.01 MIN4IMUM AMOUNT OF SERVICE BY CONTRACTOR: Contractor agrees to devote the hours necessary to perform the services set forth in this agreement in an efficient and effective manner. Contractor may represent, perform services for and be employed by additional individuals or entities, in Cont'ractor's sole discretion, as long as the performance of these extra- contractual services does not interfere with or presents a conflict with City's business. 2.02 TOOLS AND INSTRUMENTALITIES: Contractor shall provide all tools and instrumentality's to perform the services under this agreement except those listed in "Tools and instrumentality's provided by City" attached hereto as "Exhibit C" and hereby incorporated herein. 2.03 WOMER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS: City j and Contractor intend and agree that Contractor is an independent contractor of City and agrees that Contractor and Contractor's employees and agents have no right to worker's compensation and other employee benefits. If any 1 worker insurance protection is desired, Contractor agrees to provide 0 worker's compensation and other employee benefits, where required by law, for Contractor's employees and agents. Contractor agrees to hold harmless and 000013 indemnify City for any and all claims arising out of any claim for injury, disability, or death of any of Contractor and Contractor's employees or agents. 2.04 INDEMNIFICATION. Contractor hereby agrees to, and shall,hold City, its elective and appointive boards, officers, agents and employees, harmless and shall defend the same from any liability for damage or claims for damage, or suits or actions at law or in equity which may allegedly arise from Contractor's or any of Contractor's employees' or agents' operations under this agreement, whether such operations be by Contractor or by any one or more persons directly or indirectly employed by, or action as agent for, Contractor; provided as follows: a. That the City does not, and shall not, waive any rights against Contractor which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described. b. That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any agent or employee of Contractor regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 2.05 INSURANCE. Contractor shall not commence work under this contract until s/he shall have obtained all insurance required under this section and such insurance shall have been approved by City as to form, amount and carrier: a. Public Liability and Property Damage Insurance. Contractor shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect City, its elective an appointive boards, officers, agents and employees, and Contractor and any agents and employees performing work covered by this contract from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Contractor's or any subcontractor's operations under this contract, whether such operations be by Contractor or by anyone directly or indirectly employed by Contractor, and the amounts of such insurance shall be as follows: (1) Public Liability Insurance. In an amount not less than $1,000,000 for injuries, including, but not limited to death, to any one person and, subject to the same limit for each person, in an amount not less than $500,000 on account of any one occurrence; (2) Property Damage Insurance. In an amount of not less than $500,000 for damage to the property of each person on account of any one occurrence. (3) Comprehensive Automobile Liability. Bodily injury liability coverage of $500,000 for each person in any one accident and $1,000,000 for injuries sustained by two or more persons in any one accident. Property damage liability of$500,000 for each accident. 2 000014 S (4) Worker's Compensation Insurance. In the amounts required by law as set forth in Section 2.03 above. b. DEDUCTIBLES AND SELF-INSURED RETENTIONS: any deductible or self-insured retention must be declared to, and approved by, the City. The City may require that either the insurer reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected or appointed officials, employees, agents or volunteers; or the contractor shall procure a bond guaranteeing payment of all losses, and related investigation, claims administration and legal expenses. C. 'ROOF OF INSURANCE. Contractor shall furnish City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give City at least thirty (30) days' prior notice of the cancellation of any policy during the effective period of this contract. The certificate or policy of liability insurance shall name City as an additional insured with the Contractor. 2.06 REMEDY FOR'CONTRACTOR'S ERRORS Contractor agrees to reimburse the City in a period of up to one year for errors that he creates in either the billing or work process. Upon identification that an error was made on the contractor's part, the abatement officer shall present the documentation which explains the error to the contractor for reimbursement. The contractor shall provide reimbursement within 7 days of notification by the abatement officer for his portion of the abatement's fee, plus the $2 County fee for billing. 3.00 OBLIGATION5 OF CITY 3.01 COOPERATION: City agrees to comply with all reasonable requests of Contractor necessary to the performance of Contractor's duties under this agreement. 3.02 PLACt OF WORK: City agrees to furnish space for use by Contractor while perfo ing the services described in this agreement only as set forth in "Exhibit D", hereby incorporated herein. Any work space requirements not set forth in "Exhibit D" shall be the responsibility of Contractor, and Contractor may use alternate space for performing described services. 4.00 TERMINATION OF AGREEMENT 4.01 TERMINATION ON NOTICE: Notwithstanding any other provision of this agreement, any party hereto may terminate this agreement, at any time,without cause by giving at least thirty(30) days prior written notice to the other parties to this agreement. 000015 4.02 TERMINATION OF OCCURRENCE OF STATED EVENTS: This agreement shall terminate automatically on the occurrence of any of the following events: (1) Bankruptcy or insolvency of any parry; (2) Sale of the business of any party; (3) Death of any party; (4) The end of the thirty (3 0) days as set forth in Section 4.01; (5) End of the contract to which Contractor's services were necessary; or (6) Assignment of this agreement by Contractor without the consent of the City. 4.03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONTRACTOR: Should any party default in the performance of this agreement or materially breach of any of its provisions, a non-breaching party, at their option, may terminate this agreement, immediately, by giving written notice of termination to the breaching party. 4.04 TERMINATION: This Agreement shall terminate on June 1, 1999 unless extended as set forth in this Section. The City, with the agreement of Contractor, is authorized to extend the term of this Agreement beyond the termination date, as needed, under the same terms and conditions set forth in this Agreement. Any such extension shall be in writing and be an amendment to this Agreement. The condition of this contract is to abate those properties as identified and presented for City Council action on April 28, 1998 and work to be completed prior to July 14, 1998. Any subsequent abatable properties discovered after July 13, 1998, will be forwarded to the contractor within the one year contract window. 5.00 SPECIAL PROVISIONS None 6.00 MISCELLANEOUS 6.01 REMEDIES: The remedies set forth in this agreement shall not be exclusive but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity. 6.02 NO WAIVER: The waiver of any breach by any party of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this agreement. 6.03 ASSIGNMENT: This agreement is specifically not assignable by Contractor to any person or entity. Any assignment or attempt to assign by Contractor, whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement giving rise to a right to terminate as set forth in Section 4.03. 6.04 ATTORNEY FEES: In the event of any controversy, claim or dispute between the parties hereto, arising out of or related to this agreement, or the breach thereof, the prevailing parry shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees. 4 000016 6.05 TIME'FOR PERFORMANCE: Except as otherwise expressly provided for in this agreement, should the performance of any act required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble,inability to secure materials, or any other cause except financial inability not the fault of the party required to perform the act,the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused; provided,however,that nothing contained in this Section shall exclude the prompt payment by either party as required by this agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. 6.06 NOTICES: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served lion or given to any party to this agreement shall be in writing and shall be deemed duly served and given when personally delivered or in lieu of such personal service when deposited in the United States mail, first-class postage prepaid to the following address for each respective party: PARTY ADDRESS A. CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 Attention: Fire Dept. B. R& S Landscaping (Ryan Packer) P. O. Box 1403 Contractor Paso Robles, CA 93447 6.07 GUVI�RNING LAW: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time any need for the interpretation of this agreement or any decision or holding concerning this agreement arises. 6.08 BINDING EFFECT: This agreement shall be binding on and shall inure to the benefit,of the heirs, executors, administrators, successors and assigns of the parties''hereto, but nothing in this Section shall be construed as a consent by City to any assignment of this agreement or any interest in this agreement. 6.09 SEVERABILITY: Should any provision of this agreement be held by a court of competent jurisdiction or by a legislative or rulemaking act to be either invalid, void or unenforceable,the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule. 6.10 SOLEI AND ENTIRE AGREEMENT: This agreement constitutes the sole and entire agreement between the parties with respect to the subject matter hereof. This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. 6.11 TIME Time is expressly declared to be of the essence of this agreement. 6.12 DUE AUTHORITY: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties. 5 00001'7 6.13 CONSTRUCTION: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provisions to which they relate. 6.14 AMENDMENTS: Amendments to this agreement shall be in writing and shall be made only with the mutual written consent of all of the parties to this agreement. Executed on , at Atascadero, California. ATTEST: CITY OF ATASCADERO By: MARCIA M. TORGERSON HAROLD L. CARDEN III City Clerk Mayor APPROVED AS TO FORM: R& S LANDSCAPING: By: ROY A. HANLEY RYAN PACKER City Attorney Owner APPROVED AS TO CONTENT: RACHELLE RICKARD Accountant 6 000018 EXHIBIT A PROFESSIONAL SERVICES TO BE PERFORMED BY CONTRACTOR Contractor agrees to complete the project consisting of destroying noxious or dangerous weeds, or other flammable materials found upon or in certain lots and lands in the City of Atascadero, and the removal of tree branches, refuse and other waste materials, including clearance of drainage ditches as required by weed abatement regulations. 00001, EXHIBIT B CONSIDERATION FOR SERVICES Bid No. 98-05, as follows: Mowing large parcels (one acre or more) by tractor with operator, shall be the rate of $44.00 per hour, $25.00 per half-hour, with the minimum time per job on any parcel or lot to be one-half hour. Hand work (Weed-eater) on small lots or lots not accessible with a tractor, the cost shall be $22.50 per hour, $15.00 per half-hour, with the minimum time per job on any parcel or lot to be one-half hour. Hauling of debris from parcels to the landfill, the cost shall be $30.00 per hour, $20.00 per one-half hour. The Contractor shall provide a camera and all the color film needed so as to take sufficient pictures of each lot s/he abates before and after work is completed. The photos are to include items to be removed, including weeds, refuse, appliances, or any other abatable material as directed in the contractors work order. Significant landmarks shall also be included within the picture so as to confirm location. Before and after shots shall be taken from the same point and in the same direction so as to include significant and identifiable landmarks. The film shall be developed, organized by pairs of before and after shots, and submitted by attachment to each appropriate Contractor's work order / billing for abatement work. Each picture shall be identified by parcel number with an easel board or dry erase board in the photo with the appropriate APN and date of abatement indicated. The APN indicated on the board must be clearly visible for payment. As a bidder you are responsible for all costs incurred to generate the photos as proof of work performed. If the contractor cannot prove by photographs that abatement was completed, then s/he is to absorb the cost. Safety equipment to be provided as required by Atascadero City Fire Department. Each towing and/or crew vehicle shall have installed on board one 2A10BC fire extinguisher and two round point shovels. Each tractor shall have installed on board one 2 1/2 gallon water extinguisher and one 2AlOBC fire extinguisher. 8 000020 EXHIBIT C TOOLS AND INSTRUMENTALITIES PROVIDED BY CITY 1) Map books 2) Work orders 3) Street marking 9 000021 ITEM NUMBER: A'- 3 DATE: 05/26/98 1;1-8 & f8;1� �y City Manager's Agenda Report Wade G. McKinney E Zone Change #98001 Manned Development Overlay Zone No. 8 (Gearhart/Cannon Associates) RECOMMENDATION: The Planning Commiss,.on recommends that Council: 1. Adopt Ordinan�e 348 on second reading by title only, approving Zone Change#98001. DISCUSSION: C In March of 1991 the�lanningCommission held public • p hearings and recommended that the City Council approve Geneial Plan Amendment, Zone Change and Tentative Tract Map applications for what became kno as the Eagle Creek Project. The approval allowed for the subdivision of a 24-acre site into twel a (12) single family residential lots and two (2) larger lots for recreational use. On April 9, 199 , the City Council concurred with the recommendation of the Planning Commission and appro,red the project. The final map has since been recorded and construction of the homes and golf course is now underway. A new planned"develol�ment overlay zone was established to "lock-in" development of the entire site, in accordance w th the approved Master Plan of Development. The Master Plan of Development, which a plies only to the subject site, is now codified in Section 9-3.152 of the Zoning Ordinance as PI anned Development Overlay Zone No. 8 (PD8 Overlay). Earlier this year, Publi Hearings were held by the Planning Commission and City Council to consider an amendmenj to the Master Plan of Development for Eagle Creek Project with respect to access requirement. The Council concurred with the recommendation of the Planning Commission and acce4 to recreational uses is now allowed from Atascadero Road rather than Santa Barbara Road. 000023 ITEM NUMBER: A - 3 DATE: 05/26/98 On April 21, 1998, the Planning Commission held a Public Hearing to consider a Master Plan amendment request in conjunction with a Tentative Tract Map to divide one of the twelve (12) residential lots into two (2) parcels, each of one-half acre (net). After some discussion regarding septic suitability and off-street parking, the Planning Commission unanimously approved the Tentative Map. and recommend approval of the Zone Change. The Planning Commission's approval of the Tentative Map is contingent on the Council's approval of the Zone Change. On May 12, 1998, the City Council held a Public Hearing on this matter and, atter finding the Negative Declaration adequate, voted to approve the subject Zone Change by introducing Ordinance 348 for first reading by title only. Second reading of the Ordinance by the Council is now anticipated to occur as a routine matter. RESPONSIBLE DEPARTMENT: Community Development Department ATTACHMENTS: Attachment A-- Ordinance 348 c:\data\wp\zoa\zc98lc3.doc 000024 ATTACHMENT A ORDINANCE 348 ZC #98001 ORDINANCE NO. 348 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AI�NDING THE MASTER PLAN OF DEVELOPMENT APPROVED PURSUANT TO PLANNED DEVELOPMENT ZONE NO. 8 RELATIVE TO THE NUMBER OF HOMES (4C 98001: Gearhart/Cannon Associates) WHEREAS, the proposed Zoning amendment is consistent with the General Plan in effect at the time of application acceptance, as required by Section 65860 of the California Government Code; and WHEREAS, the proposed .amendment is in conformance with Section 65800 et seq. of ' the California Government Code concerning zoning regulations; and'i WHEREAS, the proposed amendment will not have a significant adverse impact upon the environment. The Negative Declaration prepared when the Eagle Creek Project (Tract 2049) was originally approved is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on April 21, 1998 and has recommended approval of .Zone Change #98001 . NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows : Section 1. Council Findings. 1 . The proposal is consistent with General Plan goals and policies in effect at the time of application acceptance. ' 2 . The proposal is compatible with surrounding land uses and zoning requirements in effect at the time of application acceptance. 3. The proposal will not have significant adverse environmental effects- The Negative Declaration prepared for Tract 2049 and adopted by the Council on April 9, 1991 has been reconsidered and found adequate pursuant to the requirements of the California Environmental Quality Act (CEQA) . 000025 Ordinance No. 348 Page 2 4 . Modification of the development standard hereby being amended promotes safe, orderly and harmonious development and is therefore warranted. 5. Modification of development standard hereby being amended will enhance the opportunity to best utilize the . special characteristics of an area and will have a beneficial effect on the area. 6. Benefits derived from the subject Zoning Ordinance amendment cannot be reasonably achieved through existing development standards. Section 2 . Zoning Ordinance. The Master Plan of Development formerly approved pursuant to the requirements of Planned Development Overlay Zone No. 8 (Ordinance 221 adopted on April 23, 1991) is hereby superseded and replaced by another Master Plan of Development, as shown on the attached `Exhibit A. ' Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4 . Effective Date. This ordinance shall go into effect and be in full force_ and effect at 12: 01 a.m. on the 31st day after its passage. On motion by and seconded by the foregoing Ordinance is approved by the following roll call vote: M 000026 Ordinance No. 34 Page 3 AYES: NOES ABSENT: ADOPTED: CITY OF ATASCADERO By: Harold L. Carden, III, Mayor ATTEST: MARCIA M. TORGER ON, City Clerk APPROVED AS TO FORM: ROY A. HANLEY, City Attorney 00002'7 EXHIBIT A ORDINANCE NO. 348 Revised MasterPlan of Development for Planned Development Overlay Zone No. 8 3� t / e / / i oa 9` J p 3 A F� x3W 31M I r,5, e S ----------------- 00002 ITEM NUMBER: B - 1 DATE: 05/26/98 ■ ■'n ■ ■ 1918 9 1919 9 III CADS/ City Manager's Agenda Report Wade G. McKinney Weed Abatement - Hearing of Objections RECOMMENDATION: Hear and consider all objections to the proposed removal of vegetative growth and/or refuse and allow or overrule any objections. Following the hearing, authorize the Fire Chief to proceed and perform the work of abatement. DISCUSSION: As part of the weed abatement process,the Council is required to hear objections to the proposed removal of vegetative growth and/or refuse. This hearing allows any affected property owner to object to the proposed abatement of hazards on his/her property. FISCAL IMPACT: Costs involved in administering this program are recovered through the administrative fee charged to parcels abated by the City Contractor. ALTERNATIVES: No alternative recommended. RESPONSIBLE DEPARTMENT: Fire Department ATTACHMENTS: Resolution No. 1998-019 000029 RESOLUTION NO. 1998-019 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO DECLARING VEGETATIVE GROWTH AND/OR REFUSE A PUBLIC NUISANCE AND COMMENCE PROCEDURES FOR THE ABATEMENT OF SAID NUISANCES The City Council of the City of Atascadero, County of San Luis Obispo, State of California, DO HEREBY RESOLVE as follows: SECTION 1. That vegetative growth and/or refuse are a public nuisance and are hereby declared to be such for the reasons that vegetative growth may attain such a large growth as to become a fire menace and/or drainage restriction when mature, and said refuse may become a public nuisance; thereby creating a hazard to public health. The City Council of the City of Atascadero finds and declares that vegetativegrowth and/or refuse on specified parcels of property are seasonal and recurrent nuisances. Such seasonal and recurrent nuisances shall be abated in accordance with the provisions of City and State law. No further hearings need be held and it shall be sufficient to mail a post card notice to the owners of the property as they and their addresses appear upon the current assessment roll. SECTION 2. A description of the parcels of lots of private property upon which, or in front of which, said nuisances exist, according to the official Assessment Map of said City of Atascadero, shall be posted annually in the office of the City Clerk and referred to as Exhibit A (Weeds) and Exhibit B (Refuse). SECTION 3. The City Clerk is hereby ordered and directed to mail written notice of the proposed abatement to all persons owning property described in accordance with Section 6-13.08 of the Atascadero Municipal Code, Ordinance No. 337. SECTION 4. Pursuant to Section 6-13.10 of the Atascadero Municipal Code, the City Council shall hear and consider all objections or protests to the required removal of said vegetative growth and/or refuse. The City Clerk shall post a copy of the public hearing notice in accordance with the Ralph M. Brown Act. SECTION 5. Pursuant to Section 6-13.17 of the Atascadero Municipal Code, if the owner does not abate the hazard, it will be abated by the City and the cost of removal assessed upon the County property tax bill will constitute a lien upon such land until paid. 000030 Resolution No. 1998-019 Page Two On motion by Council Member Luna and seconded by Council Member Clay, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Member Clay, Lerno, Luna and Mayor Carden NOES: None ABSENT: Mayor Pro Tem Johnson ADOPTED: April 28, 1998 ATTEST: CITY OF ATASCADERO Mao _ —� By• MARCIA M. TORGERSON, Oty Clerk 41AROI, RI)54II , Ma or APPROVED AS TO FORM: ROY A ANLEY, City Attorne 000031 Resolution No. 191!R8-019 Page Four EXHIBIT `B" ON FILE IN THE OFFICE OF THE CITY CLERK 000033 ITEM NUMBER: C1 DATE: 05/26/98 Isis p 1979 I CAD�� G City Manager's Agenda Repot Wade G. McKin n ey f f Anza Trail Certification Agreement with the National Parks Service k RECOMMENDATION: f Authorize the Mayor Ito enter into an Agreement, with the National Parks Service to Certify a portion of the Juan B tista de Anza National Historic Trail located on City property. r - DISCUSSION: m In 1776, Juan Bautista de Anza led a party of settlers through what is now Atascadero. The party came overlandl from present day Mexico to found a colony at San Francisco Bay, establishing Spain's claim of the California Coast. Congress declared Anza's route a National Historic Trail in 199 . The National Park Service, with help from local volunteers, recently completed a Management and Use Plan for the Trail. The Management Plan provides for the trail segments along the route to be certified with the property owner to be certified as official parts of the Juan Bautista de Anza National Historic Trail. An Agreemen has been drafted between the City of Atascadero and the National Park Service to include a p rtion of the trail located on City property. The trail segment proposed for certification is on the 120 acre City Wastewater Treatment Plant property, south of the Wranglerette Arena, between the Salinas River and the treatment plant. The official Anza Trail segment is about 2/3 of a mile long with other trails available to make a loop. Access would be from the Wrangleretts Arena. The Certification Ag�ement is intended to be a partnership agreement between the City and the National Park Servic . It is a "good faith expression of mutual interests and expectations," not a binding legal contract. In general, the City will agree to make the trail segment available for appropriate public use on some regular basis and to manage and protect the site. In return, the segment of the trail ill be marked with the official National Park Service, Juan Bautista de Ana Trail markers and recognized in National Park Service brochures about the trial. In addition, the National Park Service may be able'to provide technical assistance to the City in such areas historic preservations archeological protection, landscape architecture, trail building and interpretation. t E 000034 ITEM NUMBER: C - 1 DATE: 05/26/98 Additionally, by opening this area to public use for recreational purposes, the City will acquire additional protection from lawsuit based on an existing California statute. Section 846 of the State of California Civil Code states that by providing access for "recreational purposes," the City does not assume responsibility for or incur liability for any injury to person or property caused by any act of such person to whom permission has been granted. FISCAL IMPACTS There will be no cost to the City for the certification of the trial. Any improvements to the trail would be completed on a volunteer basis and at the expense of local non-profit groups. ALTERNATIVES: The City may choose not to certify the trail and continue to manage the property as in the past. The property is currently open to the public but not advertised for public use. Some individuals now participate in hiking, horseback riding and bird watching on the property. RESPONSIBLE DEPARTMENT: Community Services Department ATTACHMENTS: Certification Agreement Wastewater Treatment Plant Map Juan Bautista de Anza Map for SLO County California Civil Code Section 846 000035 City of Atascadero Contract#98029 Certification Agreement between the National Park Service and the City of Atascadero for the Juan Bautista de Anza National Historical Trail This certification agreement is entered into by authority of the National Trails System Act 16 U.S.C. Sec. 1240(h) (1) and as provided in the Comprehensive Management and Use Plan for the Juan Bautista de Anza National Historic Trail for ".....the identification and protection of the historic route and its historic remnants and artifacts for public use and enjoyment. I. Name or Description of Site (Facility) or Segment This segment of trail crosses property owned by the City of Atascadero which includes the Wastewater Treatment Plant south of the present Hwy. 41 bridge on the west side of the Salinas River. it is it natural undeveloped area with meadows, trees, and bushes. parts of it flood occasionally when the Salinas River is high. the exact location of this segment of the trail will be marked in the field and may change from time to time as conditions change. U. Owner of the Site or Segment Name: City of Atascadero Address: 6500 Palma Avenue, Atascadero, CA 93422 Telephone: (805)461-5000 Fax: (805)461-0606 Principal Contact: Brady D. Cherry, Director of Community Services III. Location amd Description See attached location map and detailed map. the trail indicated is entirely on land owned by the City of Atascadero. The subject land is presently open space. The segment is within the trail corridor identified on sheet 32 on the Anza Trail Management Plan Map Supplement. It is a part of the City of Atascadero Wastewater Treatment property. the 120-acre property extends from the Salinas River on the east to the Southern Pacific Railroad tracks on the west. The Wranglette property is north of the proposed trail segment. Private property adjoins the rest of the northern boundary. The State of California owns the property to the south, with the Atascadero State Hospital on another part of that property. The segment of trail proposed for Certification is located south of the Wranglerette Arena which is located on'Ithe corner of Tampico Road and Aragon Road (suited along the west bank of the Salinas River on the City of Atascadero's Wastewater Treatment Facility Property). The official Anza Trail segment is about 2/3 of a mile long and meanders to within 250 yards of the Wastewater Treatment Facilities embankment. City of Atascadero Anza Trail Certification Agreement 1 000036 City of Atascadero Contract# 98029 The trail is located in a natural almost level undeveloped oped area, adjacent to the river. There are meadows, trees, and sandy washes which flood occasionally when the Salinas River is high. It contains oak trees and pines as mentioned in Father Fonts diary, when Anza's party came through, and probably looks as much as it did then. A network of trails exists,which is used by equestrians, hikers, and naturalists. IV. Facilities and Uses: Approximately 3500 linear feet of trail (about 2/3 of a mile)will be provided on city property. One of several trails providing experience of the riparian habitat similar to that encountered by Anza will be marked as the Anza Trail. A loop trail may be identified with signs. No trail construction will be required. Certification will require an agreement with the Wranglerettes for access over a small portion of land at the end of Aragon Road which must be crossed to reach the city property. Motorized use is not allowed. The Anza Trail segment will be marked, with other routes marked as alternate routes. Since the trails exist, no construction is needed, only slight improvement. Access would be from the Wranglerette Arena and Aragon Road or from the parking area for the County Jim Green Trail, at the South end of Cortez Avenue. No facilities exist, none are planned. Interpretive signs will be developed in cooperation with the National Park Service. Signs and gates to keep motorize vehicles out will also be developed. Because the segment is nearly level, it is accessible to people with some disabilities, but because of sandy and narrow nature of the trail, it is not suitable for wheelchairs. V. Legal and Policy Compliance: No adverse environmental impacts are anticipated as a result of marking the trail. The National Park Service has determined the proposed project is eligible for a categorical exclusion under Department of Interior Manual 516 DM 6 Appendix 7.C. (5) "installation of signs, displays, kiosks, etc." No properties included on or eligible for inclusion in the National Register of Historic Places are present at the site. The historic setting of the river environment will be preserved. No known archaeological sites exist or have existed in the area. No Indian tribe or group has known associations with this specific area. Should any archaeological artifact be uncovered in the course of trail use, the City of Atascadero agrees to immediately consult with the National Park Service and the State Historic Preservation Office in compliance with 36 CFR 800, Executive Order 11593, and Section 106 of the National Historic Preservation Act. Permission to enter this trail section for "recreational purposes" as defined by California Civil Code Section 846 is hereby granted to the general public. Recreational purposes City of Atascadero Anza Trail Certification Agreement 2 00003'7 City of Atascadero Contract#98029 shall be restricted to biking, horseback riding,jogging, running, sightseeing, picnicking, nature study, nature contacting and viewing or enjoying of historical, scenic, natural, or scientific sites. Permission to enter is subject to conditions established in section VI below. VI. Management Policies and Practices: Maintenance includes but is not limited to: 1.) Trash pick- gyp 2.) Posting, repair, and maintenance of trail signs, directional signs and use recreation signs. 3.) Elimination liof known hazards. The City of Atascadero may temporarily close parts or all of the trail for safety reasons including floods or fire, or other dangers or hazards believed to exist. The City of Atascadero may revoke permission to enter for any other reason it deems closure necessary or desirable. The City of Atascadero will not charge a fee for entry and no other user may charge a fee for the use of this property without the City of Atascadero express written approval. VII. Certification: The National Park Service agrees to certify the approximately two-third mile segment of the Anza Trail on City of Atascadero property for a five-year term to be effective from the last date below. This certification will be renewed based on good-faith efforts by both parties to carry out::the terms'of this certification agreement and to achieve the management objectives of the Juan Bautista de Anza National Historic Trail Comprehensive Management and Use Plan. The National Park Service agrees to allow the owner\nanager to use the official trail marker for approved posting purposes for the term of the agreement, and will provide the markers to the owner\nanager. Additional uses of the markers must be approved in advance by the National Park Service. The city retains all legal rights to the property, and nothing in this agreement is to be construed as granting any legal authority to the National Park Service over the property, or any action by the city. Terms of this agreement are based on the mutual agreement of both parties to work toward achieving the highest level of resource protection and visitor appreciation of trail resources through the application of National Park Service standards, guidelines, and policies. This certification agreement is non-binding, and may be canceled by either party at any time by written notice. The National Park Service and the city agree, whenever possible, to identify issues or concerns to allow for resolution prior to actual decertification. I affirm that: (A) I am authorized to represent the owner, (B) The City of Atascadero's Juan Bautista de Ahza Trail Segment is open for public use regardless of race, color, City of Atascadero Anza Trail Certification Agreement 3 000038 City of Atascadero Contract #98029 creed, national origin, sex, age, or handicap; (C) I will notify the National Park Service if there is a potential change affecting the certified status of the site, and(D)the official Juan Bautista de Anza National Historic Trail markers will be appropriately posted. Date: Meredith M. Kaplan Superintendent, Juan Bautista de Anza National Historic Trail Date: Harold L. Carden III Mayor, City of Atascadero ATTEST: Date: Marcia M, Torgerson City Clerk, City of Atascadero City of Atascadero Anza Trail Certification Agreement 4 000039 Appendix C Juan Bautista de Anza National historic Trail San Luis (Obispo County California e Area of detail x Roberts 1 � i 6 ICINGS Paso Roble ao I Granary a 0 Trees 41 La Assumpci6n I Atascader� t 41 _ — i 0 I Obispo 1 ission San Luis Obispo Chumash) 0 1 Buchon(Chumash) 101 Rte` 1 0 G rV Maria an 166 SANTA BARBARA Legend ® Historic Trail Corridor Q Interpretive Site N A Pismo Beach State Park Pismo Beach State Rec.Veh.Area Historic Site B 'Price Canyon C Dallidet Adobe Expedition Campsite Number D Cuesta Canyon County Park Name from Font's Diary E Stage Coach Road F Santa Margarita Asistencia County Boundary G Wranglerette Arena Approximate scale in miles 0 _ to 20 80 058 March%PGSO-A 000040 C-32 Management and Use Plan and Final Environmental Impact Statement • April 1996 BASE MAP t 1 Residential Area �\ AL t /► I 1\ t I � ♦ e I � 1 1 . / \ \ 1 ► t 1 0 1000 ft I 1% I \ l \i \\ Salinas River 1 \ \ l � 1 � Wastewater \ \ Treatment -Plan 8301 \ t � \ 000041 Appendix E State of California CALIFORNIA CIVIL CODE SECTION 846 §f846. Permission to enter for recreational purposes An owner of any estate or any other interest in real property, whether possessory or nonpossessory,owes no duty of care to keel the premises safe for entry or use by others for any recreational _ purpose or to give any warning of hazardous conditions,uses of, structures, or activities on such premises to persons entering for such purpose,except as provided in this section. A "recreational purpose," as used in this section,includes such activities as fishing, hunting, camping, water sports, hiking, spelunking, sport parachuting, riding, including animal riding, snowmobiling, and all other types of vehicular riding, rock collecting, sightseeing, picnicking, nature study, nature contacting, recreational gardening, gleaning, hang gliding, winter sports, and viewing or enjoying historical, archaeological, scenic, natural, or scientific sites. i An owner of any estate or any other interest in real property, Y whether possessory or nonpossessory, who gives permission to another for entry or use for the above purpose upon the premises does not thereby (a) extend any assurance that the premises are safe for such purpose, or(b) constitute the person to whom permission has been granted the legal status of an invitee or licensee to whom a duty of care is owed or (c) assume responsibility for or incur liability for any injury to person or property caused by any,act of such person to whom permission has bleen granted except as provided in this section. This section does not limit the liability which otherwise exists (a) for willful or malicious failure to guard or warn against a dangerous condition, use,structure or activity; or(b) for injury suffered in any case where permission to enter for the above `A purpose was granted for a consideration other than the consideration, if any,paid to said landowner by the state, or where consideration has been received from others for the same purpose; V, or(c) to any persons who are.expressly invited rather than merely pi,amitted to come upon the premises by the landowner. Nothing in this section creates a duty of care or ground of lability for injury to person or property. 000042 _. Fr2 Management and Use Plan and Final Environmental Impact Statement • April 1996 . i ITEM NUMBER: C — 2 DATE: 05/26/98 MIND, Doi ` I V Yeas D, W7-9 CADF�f i i City Mana er's Agenda Report Wade G. McKinney Tree Ordinance Review RECOMMENDATION (S): Staff recommends: City Council direct staff to make changes to the Tree Ordinance and return with a revised Ordinane for Council review and action. DISCUSSION: Background: In September of 1997, the City Council initiated a discussion regarding the Tree Ordinance. During the weeks following, individual Council members, the Atascadero Native Tree Association memberskp and members of the public sent letters regarding the Tree Ordinance. Overall, the consensus was that the Tree Ordinance should not be changed significantly. However, in reviewin the comments provided, staff has found that there are several areas that "policy" clarification may be in order. This report provides a discussion of the policy issues and implementationmeasu s that were raised by the comments received. This report is designed to be used as a guide for theCouncil's discussion on potential amendments to the Ordinance. E I Analysis: The Tree Ordinance is codified as Chapter 11 of Title 9 of the Municipal Code (Planning and Zoning, adopted in July of 1991, attached as "A". The tree Standards and Guidelines were origin illy adopted in 1990, and were amended in 1994 (Resolution No. 74-94), attachment `B". The, Ordinance is designed to set the `policy" of the City related to the preservation of trees as an "asset" to the community,and provides that implementation of the policy is done via the Guidelines. The comments received during the review period are focused more on the Guidelines than the Ordinance itself. However, many comments were received regarding the re-establishment of the "City Arborist" position and the `mitigation" measures applied when tree removal is deemed necessary,both of whi h are contained in the Ordinance itself. The following discussion identifies those-areas within the Tree Ordinance and guidelines that have been raised as issues for the Council to consider, . cluding areas of policy clarification. In some cases, staff has provided additional background information for those areas that seem to be the most common questions raised during the reviet of comments submitted by the Council and public. i 000043 ITEM NUMBER: c - 2 DATE: 05/26/98 Tree Ordinance-City Arborist(Section 9-11.05 The Ordinance calls for the City's "Natural Resource Specialist to serve as the City Arborist with responsibility for the review and; implementation of the Ordinance, including reviewing building permit applications, tree protection plans and make recommendations on tree removals. Following the resignation of the incumbent "Natural Resource Specialist", the duties were assumed'in part by Administrative Analyst in the Public Works Department. This position was transferred to the Community Development Department. The Administrative Analyst assumed additional responsibilities in the Planning Services area and is currently an Assistant Planner. The Assistant Planner continued to carry out some of the roles as outlined in the Ordinance, however, as the workload in the Planning Services area increased, the time allotted to the duties of the former Natural Resource Specialist have decreased. Since the Ordinance does not require the Natural Resource Specialist to be a licensed "Arborist", all of the staff assigned to Planning Services has generally been responsible for implementing the Tree Ordinance. More recently, the Community Development Department has developed a strategic plan that calls for all Community Development staff to be knowledgeable and responsible for implementing all City policies related to the Community Development area, including the Tree Ordinance. This extends beyond the Planning staff to include staff in the field, such as the building inspector. By providing proper training regarding the policy, it is anticipated that the Ordinance can be implemented at a level similar to that when the City had a full time Natural Resource Specialist. Policy Consideration: The City Council eliminated the position of Natural Resource Specialist in the Public Works Department. For the Tree Ordinance to be consistent with the staffing policy, reference to a specific staff person in the Ordinance should be considered for amendment. Should the Council choose to designate an individual staff. position, it is recommended that the roles and responsibilities should be assigned to the "Community Development Department" which would be consistent with the implementation of other policies adopted by the City. The Council may also choose to have staff recreate the position of Natural Resource Specialist, however, the creation of the position should be considered in the overall staffing needs'of the City. Tree-Ordinance-Tree Replacement(Section 9-11.11) The current Ordinance calls for tree removal to be mitigated through one of the following methods: (a) replacement of trees on site, (b) payment in lieu of planting replacement (c) designation of conservation easement or any combination of the three. Staff currently evaluates the site for tree replacement suitability and makes recommendations depending on site conditions. Concern has been expressed regarding on-site tree replacement as it relates to ongoing maintenance of the tree replacements. The planting of new trees, if not properly maintained, does not achieve the goals set out in the Ordinance. Some suggestions have included limiting tree replacement to paying into a fund and selectively planting trees in areas that currently lack native trees. Policy consideration: The Council has several options, including eliminating the tree replacement requirement in favor of payment in lieu; adjusting the fee, or maintain the system the way it is. - 000044 ITEM NUMBER: C - 2 DATE: 05/26/98 Tree Ordinance—Miscellaneous References The Ordinance makes reference to specific particular chapters of the "free Standards and Guidelines", which ate adopted by resolution of the City Council. There are also references to standards that may change, for example tree pruning is specifically referenced in the, however, standard practices may change, thereby creating a conflict with the adopted `policy" in the ordinance and the adapted`practice"in the guidelines. Policy consideration: Council should consider transferring specific practices and standards from the Ordinance to the guidelines, so that they may be changed by resolution rather than by ordinance. Tree Standards& Guidelines—General In many areas of the Tree Standards and Guidelines, the policy contained in the ordinance is repeated. Likewise, references are made to the "City Arborist", planning and building staff and public works staff as all having some level of involvement in the process. Overall, the guidelines tend to confuse applicants more then to assist them in understanding the policy, standards and guidelines. Staff feels that the standards and guidelines can be enhanced and improved to more clearly outline the necessary steps required to implement the City's policy. The standards and guidelines should spell out how the Ordinance is to be implemented, but should be supplemented by the creation of educational "brochures"that are more user friendly and easy to understand. A copy of some sample flyers used by the other jurisdictions regarding Coast Live Oaks is attached ("C")as an example of the type of informational handout the City and the Atascadero Native Tree Association could develop. The standards and guidelines also contain pruning standards by the International Society of Arboricultural("ISA") and application forms used by applicants. In areas such as these,the Council may wish to adopt the "ISA standards"by reference, as they exist now or amended in the fixture" which would mean the guidelines would change as changes to the industry are made. This would be similar to the adoption of"Uniform"building and construction codes. Since the guidelines are adopted by "resolution" of the Council and include the specific forms contained in the appendices, the Council may wish to make reference in the resolution that application for approval of items within the Ordinance and guidelines should be submitted on a form "as required by the Community Development Department". This would allow the Department to consolidate the tree protection and removal forms with the consolidated permit applications the Department is creating, thereby ensuring that as building and land use requests are being processed, 0ompliance with the policy can be verified by any staff member. Policy Consideration: At a minimum, Council should consider directing staff to update the guidelines, eliminating duplicative references to the policy, and creating "educational" materials that would clearly describe the process for tree removal, tree protection, tree replacement and care and other guidelines. A formal resolution adopting the Standards and Guidelines should be created and allow for automatic changes to the guidelines and standards as "industry"standards are modified. 000045 ITEM NUMBER: C — 2 DATE: 05/26/98 Tree Guidelines& Standards—Colony Roads Many of the comments received made mention of tree protection/replacement in the construction of "Colony" and other roads. The guidelines indicate that "consideration shall be given to preserving and protecting the trees" with regard to road alignment, including modifying established Colony road alignments in a manner that provides "safe curves and smooth transitions" and allows for the adjustment of road alignments within the established right of way. The general consensus of the comments received is to maintain this provision within the guidelines. The guidelines also provide for the roadway to be adjusted Policy Consideration: The Council should clarify the policy regarding tree replacement for the development of new roads. Tree Guidelines& Standards—Exemptions from Permit(Section 2) Comments were received that would modify the section related to exemptions from a tree removal permit, specifically related to "small lot" development. The suggestions include exempting from the Ordinance any residential zoned property with an area of less than five (5) acres and exempting an application for a parcel map or division of property when four (4) or less new parcels are created. Currently, the guidelines exempt single family residences where a permanent.dwelling exists on the lot and where building or grading permits are not being sought. Additionally, comments were made regarding the size of tree removals requiring a permit. For example, tree removal permits are not required for the removal of native trees "two inches (2") dbh or less for deciduous oaks and madrones",non-native trees`Tour inches(4")dbh or less. Policy Consideration: The Council may wish to discuss additional exemptions to the tree removal permit process and/or modifications to the size of trees requiring tree removal permits. Conclusion: The existing Tree Ordinance provides a strong policy to protect one of Atascadero's native resources. It is a policy that was developed to ensure that trees were not only protected, but future generations of native trees would be enhanced. However, the imlilementation of the ordinance is of concern to everyone. In order to effectively implement the policy, modifications to the guidelines, standards and usable educational materials are needed to enhance policy implementation. FISCAL IMPACT: None. ALTERNATIVES 1. No action. This alternative was not recommended as there are inconsistencies that should be eliminated and some clarification which need to be made. Internal improvements in implementing the tree ordinance will continue as part of the Community Development Department's customer service changes. 000046 ITEM NUMBER: C DATE. 05/26/98 . 2. Repeal the Tree Ordinance and implementing resolution. This alternative was not recommended because the City needs an Ordinance to continue to protect the urban forest and to maintain its status as a.Tree City USA. RESPONSIBLE DEPARTMENT: Community Development ATTACHMENT$: A. Tree Ordinance B. Tree Standards&Guidelines C. Sample Informational Flyers 000047 EXHIBIT A ORDINANCE NO. 214* AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO REPEALING CHAPTER 19 OF TITLE 2 AND SECTION 9 - 4.155 AND ADDING CHAPTERS 11, 12 AND 13 TO TITLE 9 9F THE ATASCADERO MUNICIPAL CODE .REGARDING TREE PROTECTION The City Council of the 'City of Atascadero, California, does ordain as follows: Section 1. Chapter 19 of Title 2 and' Section 9 4. 155 'of the Atascadero Municipal Code are hereby repealed. . Section 2. Chapter 11 is added to Title 9 of' the Atascadero Municipal Code to read as follows: Chapter 11. Native Tree Ordinance. Sec. 9-11. 01. Purpose and Intent: Preservation of natural flora and fauna is .a basic community goal of the Atascadero General Plan. The trees of Atascadero are valued community assets. The purpose of this ordinance is to establish regulations for the installation, maintenance, preservation, protection and selected removal of trees within the City limits. In establishing these procedures, it is the. City' s intent to encourage the preservation, maintenance and regeneration of a healthy urban forest. This enhances other values that Atascadero holds for its community; among these are: clean air and water, soil conservation, aesthetics, property values and an ecological diversity that will ensure that Atascadero will continue to be a desirable place to live. Sec. 9-11. 02. Applicability. (a) The provisions of this chapter, with a set of accompanying "Tree Standards and Guidelines" adopted by resolution, shall apply to all native trees (as defined by City Council) two inches (211 ) dbh or greater for deciduous oaks and madrones (Arbutus menziesii) and four inches (411 ) dbh or greater for all other native trees. It shall be illegal to intentionally harm, damage and/or cause the death or decline of a native tree or remove a native tree without a City-issued Tree Removal Permit. (b) The provisions of this chapter shall apply to all public and private property and protected native trees within the City of Atascadero, and to any person, firm, corporation and public or private utility company doing work within the City limits. (c) Fees for Services. Fees may g be charged for services and shall be set forth and amended by resolution. *AS AMENDED BY ORDINANCE 220, FORESTRY '& WOODLOT MANAGEMENT 000048 Ordinance No.- 214 ! Sec. 9-11 .03 . Definitions. (a) "Damage" means any intentional action or gross negligence .which causes injury, death or disfigurement of a tree. Actions include,' but are 'not limited to cutting, girdling, poisoning, overwatering, unauthorized relocation or transportation of a tree or trenching, excavating, altering the gradeor paving within the dripline of a tree. (b) "Dbh" means "diameter at breast height", specifically four feet six inches (41611) above natural grade. (c) "Dripline" means the outermost line of the tree' s canopy projected ';straight down to the ground surface. As depicted in plan view, the dripline appears as a irregularly-shaped circle. (d) "Hazardous" means presenting an immediate danger to people or existing structures . (e) "Removal" means the physical destruction, displacement or removal of a tree, or portions of a tree caused by poisoning, cutting, }burning, relocation for transplanting, bulldozing or other mechanical, chemical or physical means . (f) "Native Tree" means a naturally=occurring species having a dbh of two inches (211) or greater for deciduous oaks and madrones (Arbutus menziesii) and four inches (41.1) dbh or greater for all other native trees. Refer to "Native Trees" section, Chapter 1, of the City' s "Tree Standards and Guidelines'" . (g) "Tree, Protection Plan" means a plan that shows how specific trees shall be protected during development and land use related work. (h) "Tree Pruning" means the cutting, detachment or separation of any limb, branch or roots from a native tree. Sec. 9-11 .04 . Adoption of 'Standards .' The "Tree Standards and Guidelines" set forth the procedures, guidelines and standards ';that shall be _ used to implement the Native Tree Ordinance.) They shall be used to provide details about preservation, maintenance, • installation, protection, regeneration and select . removal of trees. They shall be adopted and amended by -resolution of the City Council and have the force of law. Sec. 9-11 .` 5 . Roles and Responsibilities. (a) City hrborist ("Natural Resource Specialist") The City 000049 Ordinance No. 214 Natural Resource Specialist, herein referenced as the City Arborist, along with staff persons in the Community Development and Public Works Departments, shall provide information, review building, development and Tree Protection Plans and visit sites . The City Arborist (or designee) shall make. recommendations and determinations on native tree removals for trees less than twenty-four (2411) dbh in size. (b) Planning Commission. Decisions on native tree removals of 24" dbh - size or larger shall be made by the Planning Commission. Decisions regarding native tree removal, tree protection and tree replacement made by the City Arborist may be appealed to the Planning Commission. (c) City Council . Decisions related to native trees made by the Planning Commission are appealable to the City Council . (d) Site Planner. These persons are qualified professionals who are hired by. applicants to prepare Tree Protection Plans . Refer to "Tree Standards and Guidelines", Chapter 3 . (e) Private Arborist . These persons are licensed professionals who are hired to do physical work on trees in Atascadero . Refer to "Tree Standards and Guidelines", Chapter 3 • Sec. 9-11 .06 . Tree Removal . (a) Permit Required. Except as set forth in (b) below, Tree Removal Permits shall be required for the removal of any native tree two inches (2") dbh or greater for deciduous oaks and madrones (Arbutus menziesii) , and four inches (411) dbh or greater for all other native trees, and' for pruning of more than twenty five percent (250) of the live canopy in native trees . Any private or public entity doing regular maintenance in the City of Atascadero may seek a "blanket pruning permit" that may be renewed on a yearly basis. (b) . .. Exemptions . A Native Tree Removal Application or Permit is not required for: (1) Emergency situations which cause hazardous or dangerous conditions that have serious potential to cause immediate damage to persons or improvements on real property. Such situations must be reported to the City within 48 hours . (2) Trees planted, grown and maintained as part. of a licensed nursery or tree farm business . (3) Tree pruning that effects less than twenty-five percent (25%) of a tree' s live canopy within one year' s 000050 Ordinance No. 24 time. The Pruning shall be done according to the adopted "ISA Tree Pruning Standards" . (4) Trees removed as part of an approved "Tree Management Plan" - Refer to Section 9-11 .13. (5) Single family residences in single family zoning districts with the following conditions: a. A permanent dwelling exists. b. Building or grading permits are not . being sought. (c) Dead and diseased tree removals are subject to the procedures joutlined in Sections 9-11.07 through 9-11 .09 below, but all reiated .fees shall be waived. Sec. 9-11 .07 . Applications and Permits' for Tree Removal. (a) Early ponsultation. All applicants are encouraged to use the services of the City Arborist, Community Development and Public . Works Department before site development that may involve any tree removal. Early consultation. shall be a factor used in determining whether proposed improvements can be reasonably designed to avoid the need for tree removal. (b) Content. The content of the Tree Removal Application and Permit shall be set forth in the "Tree Standards and Guidelines"'. (c) Postin All native trees proposed for removal shall be identified ; y the applicant for field inspection as set forth in the "Tree Standards. and Guidelines When a Tree Removal Permit is issued, the City shall post a copy of the permit in City Hall and the applicant will post a copy on-site for a public appeal period of five (5) business days. Refer to "Tree Standards and Guidelines". Chapters 4 ,and 7 . (d) The application is reviewed and the permit is either denied or approved with tree replacement conditions by the City Arborist (or designee) . Sec. 9-11 .0§ . Required Findings for Tree Removal. The applicant Must provide the factual data to make the required finding(s) . At least one of these findings must be made in order to approve a Tree Removal Application. (a) The tree is dead, diseased or injured beyond reclamation. (b) The tree is crowded by other healthier native trees; 000051 Ordinance No. 214 thinning (removal) would promote healthier growth in the trees to remain. (c) The tree is interfering with existing utilities and/or structures. (d) The tree is inhibiting sunlight needed for existing and/or proposed active or passive solar heating or cooling. (e) The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal. Factors to be considered in determining "reasonableness" include: (1) Early consultation with City Arborist; (2) Consideration of practical design alternatives; (3) Provision of cost comparisons (from applicant) for practical design alternatives; (4.) If saving the tree eliminates all reasonable use of the property; or (5) If saving the tree requires the removal of more desirable trees . Sec. 9-11 .09 . Evaluative Criteria for Tree Removal . The following criteria will be considered when evaluating each Tree Removal Application: (a) The potential effect that tree removal could have on topography, knowing that hilltops, ravines, streambeds and other natural watercourses are more environmentally sensitive than flat or gentle sloping lands . (b) The potential effect that tree removal could have on soil retention and erosion from increased flow of surface waters . (c) The potential effect that tree removal could have on significantly increasing the noise level. (d) The potential effect that tree removal could have on the ability of existing vegetation to reduce air movement and wind velocity. (e) The potential effect that tree removal could have on significantly reducing available wildlife habitat or result in the. displacement of desirable species . (f) Aesthetics i (g) The number, size, species, condition and location of trees to be removed. 000052 Ordinance No. 214 (h) The special need to protect existing'blue and valley oaks because Of regeneration problems. (i) The cumulative environmental effects of tree removal . Sec. 9-11 .1,10 . Tree Protection Plans . (a) Tree Protection Plans shall be required if any listed activity occurs within twenty feet (20' ) of the dripline ofany native tree. Activities include but are not limited to the following;; remodeling or new construction, grading, road building, ' utility trenching, etc. A Tree Protection Plan shall be included as part of the submittal for a road plan, Plot plan,I precise plan, building permit and/or conditional use permit',. Refer to "Tree Standards "and Guidelines", Chapter 5. (b) Early', Consultation with the City Arborist, Community Development and Public Works Staff is available and strongly encouraged. -(c) Imple entation. The Native Tree Protection Plan shall be in place sand verified in writing by the applicant) before ! applicants', shall receive any City permits to begin work. (d) Tree Protection During Grading and Construction. Refer to "Tree Standards and Guidelines", Chapters 5 and 6. (e) Surety Requirements . In large projects involving valuable trees, the City may require a surety prior to issuance of entitlement . Determination for use of the surety will be .based on the complexity of the project and number of trees being impacted. The type of surety must be approved in writing bylthe City Attorney. (f) Tree Protection Plans for Private/Public Utilities . Utility companies doing regular maintenance and construction are "not required to submit Tree Protection Plans for each individuali project, but shall meet the tree protection requirements set forth in this Ordinance and the "Tree Standards and Guidelines" through conditions placed in a revocable pruning, trenching and encroachment permit that may be issued an a yearly basis. Sec. 9-11 . 11 . Tree Replacement and Regeneration. Tree Removpl Conditions . Tree Removal Permits shall be conditioned by one or more of the following methods : (a) Pl _ antiing Trees . Replacement plantings shall be required 000053 Ordinance No. 214 to help sustain and regenerate Atascadero's urban forest. The number .of replacements shall be determined by the conditions (size, species, age and location) of the trees removed; a minimum of one for one, same species, five (5) gallon (locally grown native stock) sized trees 'shall be required. Refer to "Tree Standards and Guidelines", Chapter 8 . (b) Tree Replacement Fund. This fund has been established to receive cash in lieu of planting replacements; the City will use these monies to plant, protect and maintain trees in locations designated as receiver sites. Refer to "Tree Standards and Guidelines", Chapter 8. (c) Conservation Easements . Conservation easements can be used in lieu of tree replacements . Such easements protect the land upon which trees are located. Conservation easements are not specifically for public access. " (d) Building Permits . For each residential building permit issued, the planting of one five gallon native tree shall be required, based on the rate .of one native tree per residential dwelling unit . Sec . 9-11 . 12 . Tree Abatement : Nuisances, Pests and Disease. (RESERVED) Sec . 9-11 . 13 . Forestry and Woodlot Management. (RESERVED) Sec . 9-11 . 14 . Procedures for Public Proiects . .(a) Definition. Public projects are tree-related actions initiated by any department of the City of Atascadero. (b) Binding City to Tree Ordinance. Public initiated projects will comply with the Tree Ordinance unless explicitly exempted by City Council. (c) Procedure to Seek Exemption. Applicant from the City shall submit a written statement to City Council describing project and reason that an exemption should be granted. Sec. 9-11 . 15 . Appeals . Appeals shall be filed in accordance with Sec. 9-1 . 111 of this Title. For purposes of an appeal, the decisions of the City Arborist shall be considered as a decision of the Community Development Department and/or Public Works Department . Sec. 9-11 . 16. Repeat Applications. When any application made 000054 Ordinance No. 214 � - pursuant to Title 9 or Title 11 has been denied, no new application which is substantially the same shall be filed within one ';year of the date of the previous denial unless the physical facts upon which the decision-making body based the denial have changed. The Community Development or Public Works Director shall determine whether physical facts have changed or', when an application is substantially the same as the previous application. Sec. 9-11 . 17 . Enforcement. (a) _Penalties . Violations of this Chapter are specifically declared misdemeanors, and upon conviction may be punished as set forth in Chapter 3 of Title 1 of the Atascadero Municipal Code. (b) Restitution. Trees within the City of Atascadero are valuable assets to its citizens, and as a result of loss or damage to these trees, the public should be recompensed. ' In addition t0 any penalties provided .by (a) above, any person who damages; a tree in violation of the terms of this Chapter is responsible for proper restitution and/or conditions. as described in Sec. 9-11 . 11 . The City may bring a civil action for restitultion to enforce this section. (c) Stop Work. In cases of nonconformance with Native Tree Protection ; Requirements, the City Arborist or inspecting Official shall immediately issue a Stop Work Order until all requirements have been met . Should unauthorized work or noncomformahce lead to tree removal or damage (as defined) , the City Arborist or inspecting official shall also issue a Stop Work Order. (d) Conditions and Sinned Ag eements . Should unauthorized work or noncomformance lead to tree removal or damage (as defined) , the City Arborist may also require additional conditions as penalty and as described in Sec.' 9-11 .11 . and in the "Tree Standards and Guidelines", Chapter 8 . Section 3 . Chapter 12 and 13 are added to Title 9 of the Atascadero Municipal Code to read as follows: Chapter 12. Landmark Trees Sec. 9-12 ..,0j . Landmark Tree, Defined. "Landmark Tree" means any native ''or non-native tree recognized by City Council resolution for its age, size, location, historical and /or cultural significance. Sec. 9-12 .02'. Landmark Tree Protection.. Any tree (native or non-native) may receive protection by City Council resolution for its age,' size, location, historical and/or cultural 000055 Ordinance No. 214 significance. Landmark trees receive the same protection .and are subject to all conditions set forth in Chapter 11 of Title. 9 regarding native trees . They may not be removed without City Council approval. Chapter 13 ._ Street Trees - RESERVED Section 4 . If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid in whole or in part by any court, such decision shall not affect the validity of effectiveness of the remaining portions of this ordinance, or any part thereof. If the application of any provision . of this ordinance or any person, property or circumstance is found to be unconstitutional or invalid in whole or in part by any Court, such decision shall be 'limited to .the person, property or circumstance immediately involved in the controversy, -and the application of such provision to other persons, property i and circumstances shall not be affected. Section 5 . The City Clerk shall cause this Ordinance to. be j published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance; and shall cause this ordinance and this certification together with proof of, posting to be entered into the Book of Ordinances of the City. Section 6 . This ordinance shall go into effect and be in full force and effect at 12 :01 a.m. on the 31st day after its passage. On motion by Councilman Dexter and seconded by Councilman Shiers, the foregoing ordinance is approved by the following roll call vote: AYES: Counci.lmembers Shiers, Borgeson, Dexter and Mayor Lilley NOES : None ABSENT: Councilman Nimmo DATE ADOPTED: February 26, 1991 By R R tEy. Mayfyk Ci y of Atascadero, lifornia 000056 Ordinance No. 214 r i APPROVED *AS :TO CONTENT: ' RAY WINDSOR, City Manager APPROVED AS TO FORM: H AT' "R &N TAN ON', Ci y ttorney ATTE T• LEE D Y1A, City erk Ordinance . No. 220 - Exhibit "A" i Sec. 9-11.13 Forestry and Woodlot Management (a) Tree Management Plans. Tree Management Plans allow for the management of trees as a resource for the b enefit of both the land owner and the community. Tree Management Plans will allow for comprehensive woodlot management practices as an alternative . to the submission of individual Tree Removal Applications. Tree Management Plans may be permitted on the following types of property: (1) Minimum area of site of 5.0 acres or larger in single, contiguous ownership; and (2) Parcels where the existing zoning is single-family residential or agriculture; and (3) Canopy cover of. site is equal to or greater than 50%; and (4) The woodlot will be managed for personal use only. (b) Standards for Tree Removal. The standards for tree removal and contents of the Tree Management Plan shall be set forth in Chapter 13 of the "Tree Standards and Guidelines" . 000058 EXHIBIT B CITY OF ATASCADERO TREE STANDARDS AND GUIDELINES A bocument to Implement the -Tree •Protection Ordinance # 214 which includes the Native Tree, Landmark Tree and Street Tree Cha?ters i RESOLUTION NO. 125-90 RESOLUTION NO. 28-91 RESOLUTION N0. 74-94 9-13-94 000059 TREE STANDARDS AND GUIDELINES PURPOSE: The purpose of the Tree Standards and Guidelines is to clarify the adopted Native Tree/Landmark Tree' Ordinance procedures with regards to tree protection and tree removal. It is also designed .to serve as an information source about the care, and propagation. . of trees for the community. TABLE OF CONTENTS P_ acre 1. LIST OF PROTECTED NATIVE TREES 1 2. EXEMPTIONS AND FINDINGS FOR TREE REMOVAL 2 A. NO PERMIT REQUIRED B. REASONS FOR REMOVAL 3 . WHO DO YOU CALL? USE OF PRIVATE PROFESSIONALS 4 . A. PRIVATE ARBORIST OR NATURAL 'RESOIJRCE PROFESSIONAL B. ISA CERTIFIED TREE TRIMMER AND/OR ARBORIST C. CITY ARBORIST 4 . FOR TREE REMOVAL, WHAT DO YOU NEED? 6 APPLICATIONS, POSTERS AND PERMITS A. APPLICATION FORM(S) B. DEAD TREES C. FIELD IDENTIFICATION POSTER D. APPROVALS, DENIALS and APPEALS E. TREE REMOVAL PERMIT F. SUMMARY OF REVIEW PROCESS 5 . FOR TREE PROTECTION DURING DEVELOPMENT, WHAT 9 DO YOU NEED? A. CITY STANDARDS i B. SURETY C. CONTENTS OF TREE PROTECTION PLAN D. TREE PROTECTION IN PLACE BEFORE DEVELOPMENT BEGINS E. SUMMARY OF REVIEW PROCESS 6 . TREE REMOVAL AND PROTECTION FOR ROAD CONSTRUCTION 12 AND IMPROVEMENTS A. GUIDELINES B. PROCEDURES C. FIELD WORK D. SUMMARY OF. REVIEW `PROCESS 7 . POSTING: . HOW TO IDENTIFY TREES FOR REMOVAL OR 16 PROTECTION A. POSTING FOR FIELD ID AND FOR APPEAL PERIOD B. FLAGGING 8. TREE REPLACEMENT AND MITIGATION GUIDELINES 17 A. REPLACEMENT BY PLANTING ON-OR OFF-SITE - B. REPLACEMENT THROUGH DONATION C. TRANSPLANTING THE TREE , D. TREE MITIGATION E. PENALTY CONDITIONS OOOO ;p F. TREE 9. APPEALS 20 FEE SCHEDULE 21 11. ADOPTION OF. LANDMARK TREES 22 12. TREE PRUNING GUIDELINES 23 13 TREE PLANTING AND TRANSPLANTING GUIDELINES .- 24 14. FORESTRY AND WOOMOT MANAGEMENT PLANS 26 APPENDICES: A. Tree Removal Application Forms B. Notice Of Tree Removal C. Examples of TreeiProtection D. Landmark Tree Nomination Form (Not Currently Available) E. ISA Pruning Guidelines F. Tree Planting and'', Transplanting Guidelines - Additional Information G. Local Nursery Sources for Native Trees H. , Forestry/Woodlot ''Management Plan Application Form (Not Currently Available) 000061 j 1 LIST OF PROTECTED NATIVE TREES Arbutus menziesii Pursh. Madrone Heteromeles arbut.ifolia Lindl. Toyon, CaliforniaHolly Juglans hindsii Jeps. California Black Walnut Plantanus racemosa Nutt. California Sycamore Ouercus agrifolia Eastw. - Coast Live Oak Quercus al%rr%'K na Nee Blue Oakx Desert Oak Quercus chrysolepis Liebm. -Canyon Live Oak Quercus dumosa Jeps. Scrub Oak Quercus durata Jeps. Leather Oak Quercus douglasii H&A Blue Oak Quercus lobata Nee Valley Oak Quercus turbine141a Desert Oak Umbellularia californica Nutt. - California Bay Laurel • II ii 000062 2. EXEMPTIONS AND FINDINGS FOR TREE REMOVAL A. NO TREE REMOVAL .PERMIT REQUIRED FOR THE FOLLOWING: (1) Non Native trees. (2) Emergency situations which cause hazardous - or dangerous conditions that have serious potential to cause immediate damage to persons or improvements on real property. Such situations must be reported to the City (CALL 461- 5035 within 48 hours) . (3) Trees planted, grown and maintained as part of a licensed nursery or tree farm business. (4) Removal of ''native trees two inches (211 ) dbh or less for deciduous oaks .and madrones (Arbutus menziesii) , and four inches (4" ) dbh or less for all other native trees, and for pruning of less than twenty five percent (25%) of the live canopy within one year' s time. Any pruning of native trees shall be done according . to the adopted "ISA Tree Pruning Standards" - See Appendix E. (5) Trees removed as part of an approved "Tree Management Plan (6) Single family residences with the following conditions: a. A 'permanent dwelling exists on the lot. b. Building or gradingpermits are not being sought. (7) Native trees that were voluntarily planted and are not part of any required replacement plans. The burden of proof shall be the responsibility of the applicant. B. REQUIRED FINDINGS FOR TREE REMOVAL. The applicant must provide the '; facts to make the required finding(s) . At least ONE of these findings must be made in order to approve a Tree .Removal Application. (1) The tree has been dead for at least one growing season. (2) The tree is ',diseased or injured beyond reclamation. '(3) The tree islcrowded by other healthier native trees; thinning (removal) would promote healthier growth in the trees to remain. (4) The tree islinterfering with existing utilities and/or / structures. ' (5) The tree is ' inhibiting sunlight needed for existing and/or proposed active or passive solar heating or cooling. (6) The tree islobstructing proposed improvements that cannot be reasonably designed to avoid the need for tree' removal. Factors to be considered in determining "reason- ableness" include: 000063. (Z) Earl consultation with ,City City Arb6rist; - (2) Consideration of practical design alternatives; (3) Provision of cost comparisons (from applicant) for practical design alternatives; `1 (4) If saving the tree eliminates all •reasonable use of I the property; or . I (5) If savingthe tree requires the. removal of more desirable trees. The burden of proof shall be the responsibility of the appli- cant. . i I i i j i 006064 i 3. WHO DO YOU CALL? USE OF PRIVATE ARBORIST AND OTEER PROSESSI0NALS . Depending on the siz6 of the tree and the situation, you .may need the services of- the following professionals to complete your tree removal application. Situation Person to do Work Tree Removal .Applications, No Development Applicant or Private Professional Tree Removal Applications With. Development No trees > 24" ah? Applicant Trees* > 24" dbhPrivate Professional required Tree Protection Plans; With or Without 'Tree Removal,< 3 trees Applicant All other situations Private Professional required Tree Pruning: Info „ation will be- available through the office of the Natural Resource Specialist to provide citizens up - to - . date information on the proper care and pruning of trees . The City has adopted the ISA Standards for Tree Pruning as the proper method for tree care in Atascadero. e=initions : A. PRIVATE A RBORIST' OR NATURAL, RESOURCE PROFIESSIONAL are persons who are qualified to prepare tree reports such as Tree Removal Applications and Tree Proteczion Plans for the City. They are professionals wino have qualifications which include, but are not limited to, degrees and experience in arboriculture, biology, environmental planning, forestry and landscape architecture. B . ISA/RSCA CERTIFIED ARBORISTS AND TREE TRIZM�MRS are persons who perforin physical tree work (pruning, cabling, removal,. etc.) . "ISA/ASCA-Certified Arborist" and "Tree Trimmer" means an , experienced arborist who has gone through training, testing and licensing for work in trees from a professional, . licensing organiza- tion; either the International Society for Arboriculture or the An, Society'; of Consulting Arborists. Depending on ,the' condition and location of valuable native trees, City Arborist (or designee) has the discretion to require .that Physical work dome to live, native trees (removal and/or pruning of . major limbs > 4"' dbh) may require the services of an ISA or ASCA Certified Arborist. All major pruning work shall be done according to the ISA Pruning Standards, adopted as part of in the ."Tree Standards and Guidelines. T- Appendix E, which use the most recent Professional standards and knowledge of proper tree care. CITY ARBORIST/NATURAL RESOURCE SPECIALIST is the City's i representative in tree-related matters . This person is available . ! for consultations advice and assistance on a limited basis. The i City.Arborist makes recommendations on Tree Removal Applications and 4 000.065 Tree Protection Plans and is available for early, consultation appointments. Depending on the trees 'and the situation,' the City Arborist (or designee) has the authority .to requite or waive- the requirement .of the use of a private, natural resource professional or licensed arborist in the preparation of Tree Removal Applications and/or Tree Protection Plans. It is the goal of the City to .provide consultation with applicants within ten (10) working days. 060066. 4. FOR TREE REMOVAL, WHAT DO YOU NEED? APPLICATIONS, POSTERS AND -PERMITS NOTE: All proposed tree removals require the following: (1) Completed Tree Removal Application; (2) Field identification or photo/posting ofproperty; (3) Approved Tree Removal Permit and (4) Appeal period of 'five (5) business days. If your tree removal plans involve road construction and improvements, please refer to Chater 6:TREE REMOVAL AND PROTECTION FOR ROAD CONSTRUCTION. -A. TREE REMOVAL APPLICATION FORM (See Appendix .A for example) 1. Contents of !a Tree Removal Application: Applicant shall supply the following: a. Location or vicinity map, 8 1/2" X 11" size. b. Site plan, indicating location of trees to be removed. Include north arrow, scale and .preparer's name and phone number. (include original and reduced 8 1/2" X11" copy) C. All native trees that are to be removed shall be numbered or identified on the site .plan. d. A native tree inventory stating: 1. Species 2.. Size, measured in dbh (diameter at breast..height) . 3. Approximate canopy area (3. 14 X radius of canopy squared) . 4. General condition and health of the tree. e. Reasons for removal (must meet findings listed in Sec. 9. 11.08. f. Tree replacement plans (planting, donation, etc. see Chpt.8) g. Photos ,, (optional, but sometimes helpful) h. T_f additional trees are to be protected, a Tree Protection Plan shall accompany the Tree Removal Application; trees to be removed and protected can be shown on the same site plan. 2. Who completes the form: Either applicant - or private professional (as defined) - refer to Chapter 2 for details: 3. Where to submit: Room 311, Public Counter, Community. Development' Department. 4. When toit: If our re uest involves subm y q lues a development applicationy . submit application' at the same time , you submit other materials. Depending on the , con: lexity of the project, , City Staff may require additional information. 000067 B. DEAD AND DISEASED TREES: Tree Removal. Applications are required. - 1. All other procedures, fees and appeals required for tree removal shall be waived. 2. If trees to be removed have been dead (no buds or' green leaves) for at least one growing season, or diseased (may. require private arborist report if, not obvious) they may be removed immediately after verification. 3. Verification shall be determined by photographs or field visits. Photos often assist City. Staff in quickly issuing permit to remove an obviously dead or diseased . tree. Field verification may also be required. C. FIELD IDENTIFICATION POSTER (See Appendix A for example) All trees proposed for removal must be identified in the field and the site must be posted. . A copy. of the first page (completed) of the Tree Removal Application is used to post the site for Field Identification and the Appeal period. See Chapter #7 on POSTING for . details. D. APPROVALS, DENIALS and APPEALS 1. If your Tree Removal Application is approved, you will be issued * a Tree Removal Permit that allows you to remove the tree(s) after a five (5) business day. public appeal period, unless also contingent upon approval of additional development applications. 2. If your Application is denied, you may appeal the decision either to the Planning Commission and/or City Council, depending on tree size. See Chapter #9, APPEALS for details. E. TREE REMOVAL PERMIT (See Appendix B for example.) 1. Posting for Appeal Period. Copies of all Tree Removal Permits shall be posted in City Hall by City Staff for a five (5) business-, day public appeal period. 2. When Can the Tree be Removed? Tree Removals with Permits a. Dead/Diseased Trees - Immediately after. ve City Staff rification by b. Live Trees - No Development: . Removal may occur at the end of the five day appeal period if no appeals have been filed. C. Live Trees - With Development: (i) Building permits: the posting requirements and 5 day appeal period for approved removals can begin as soon as building plans have been approved.. If no appeals are filed, applicants will receive their Tree Removal Permit when they are issued their Building Permit. (ii) All other Development Permits (including precise ' plans, conditional use permits, road construction, etc. ) : 000068 the posting requirements and 5 day appeal period will be tied to approval of such plans. Applicants will receive their Free Removal Permit when they are issued -their Grading, Road Construction and/or .Building Permits., 3. Expiration. Tree removal permits that do -not involve development expire after one year. Tree removal permits that involve development are approved contingent on the. issuance of all otherssquired permits (such as building, , grading, road, etc. ) and expire the same date as the .other. permits that are ` issued. F. SUMMARY OF REVIEW PROCESSi The review process for a Tree Removal Application is: 1. Consult with City Arborist or Staff (optional) . 2. Submit application and necessary fee (no fees for removal of dead/diseased trees) 3. Post site for field identification. . 4. ' City Arborist/Staff (for trees 2" - 23"dbh) and Planning Commission (for trees 24" dbh or greater) reviews application and visits site. 5. Applicationfor removal approved (with replacement conditions) !or denied by City Arborist (or designee) . 6. If approvedi removal permit is granted with or without replacement ' conditions (no replacements required for dead/diseasod trees) . 7. Five (5) business day public appeal period. 8. Appeals? a. Tree decisions 2" .- 23"dbh are appealed to Planning Commission. b. Tree decisions 24"dbh or greater are appealed to City Council. 9. No appeals Trees may be removed: a. No development? Immediately b. With development? After receipt of all necessary permits. Please refer to Chapters #6 - #8 for more details or call 'the City Arborist at 461-5035 if you have any questions or concerns. . 000069 5. FOR TREE PROTECTION PLANS DURING DEVELOPMENT, WHAT DO YOU NEED? A. CITY STANDARDS have been established to protect native treesfrom damage before, during and after all- types ..of development. As a general rule, - the existing ground surface beneath the dripline of any native tree shall not be cut, filled, compacted or disturbed in any -way. It is underrstood . that in Atascadero, like many forested cities, there must be allowances for exceptions to this rule. Exceptions must be based on a qualified consultation (from . a professional arborist or natural resource professional) , at the. cost, to the applicant, resulting in a Tree Protection Plan that gives reasonable assurances that the tree will survive any proposed activities. When proposed development does encroach into the dripline of any tree, special techniques that preserve as many roots as possible and allow the roots of the tree to breathe oxygen and obtain water shall be required. These methods include, but are not limited to: 1. Fence .Must be a minimum of 4 ' high, chain link, snow or safety fence, staked .at the dripline or line of encroachment for each tree or group of trees. Fence must be up before any construction or earth moving begins. For areas where this is not possible, aeration of the soil (after development is complete) shall be required. 2. Soil Aeration Methods: Soils under the driplines that have been compacted by heavy equipment and/or construction activities. must.be returned to their original state before .all work is completed. Methods include water jetting, adding organic matter, boring small holes with an auger ( 18" deep, 2-3' apart with a 2-4" auger) and the application of moderate amounts of nitrogen fertilizer. Applicant's arborist shall advise. 3. Chip Mulch: All areas (under the driplines of the trees) to be cut and all areas that cannot be fenced shall receive a 4-6" deep * layer of chip mulch to retain moisture, soil structure and reduce the affects- -of compaction. 4. Trenching within the Dripline: •Depending on the soil type, all trenching done under the driplines of trees shall be hand-dug, augured or bored, and major roots shall be avoided whenever possible and if not, all and larger than 3" diameter shall be ."cut clean" and not ragged. 5. Grading within the Dripline: Grading in excess of 1' in depth shall not encroach within the following setback areas of the trees: Trunk Diameter Set-Back for Grading 411 - 1211 5, 13" - 24" 10� 25" - 36" 3 15' 7" and larger 20' 000070 If these grading :: setbacks are not possible, and depending on the soil type, construction of a retaining wall or tree well may insure the survivability of the tree (see appendix for diagrams) . Chip mulch, 4-6" in delth shall also be required in these areas. In certain instances (such as public right-of ways, sidewalks and driveways) exemptions may be granted to this requirement. Grading shall not disrupt the normal drainage pattern around the trees. Fills shall not create a ponding condition and excavations shall not leave the tree on a rapidly draining mound. 6. Pruning Within the Dripline: All pruning shall be done according to adopted TSA standards; see Appendix E. It is now the accepted practice NOT to attempt to balance foliage loss with root loss by pruning - this is ',considered unnecessary and potentially damaging to the tree. 7. ' Paving Within the Dripline: Porous pavers ( "turfblock",. brick, etc. may be requited under the driplines unless paving area affects less than 25% of the area. 8. Landscaping Within the Dripline: Landscape plans for any proposed plantings under the dripline are required - it is the intent to discourage any plantings that require . irrigation, as this practice has been known to,quickly kill mature native trees. The planting of drought tolerant ',native species is encouraged. B. SURETY: In large projects or projects involving valuable trees, the City may require a surety to guarantee the survival of the d trees. The neefor a surety shall be based on the complexity of the project and number of trees involved. C. CONTENTS OF A TREE PROTECTION PLAN: (NOTE: If your tree protec- tion plans involve road construction and improvements, please refer to Chapter 6:TREb PROTECTION AND REMOVAL FOR ROAD CONSTRUCTION for instructions. ) 1. Cover Sheet ', (See Appendix C for example) . 2. Vicinity or location map on 8 1/2" x 11" . 3. Site plan(s) indicating all proposed structures, grading and trenching agtivities, roads, etc. Include north arrow, scale and preparer' s name and phone number (Include original size• up to 24" x 361' and a reduced 8 1/2" by 11" copy). 4. All native trees with driplines' within . 20' of proposed. development should be numbered and identified on the plan. _ 5. A native tree inventory stating: a. Speciesti b. Size, measured in dbh (diameter at breast height) . C. Approximate mapping of actual canopy area. . d. General; condition of tree. e. If tree may be impacted by proposed development. 6. Proposed tree protection measures, including fencing, mulching, aeration, and installation of retaining walls and . tree wells. 7. If any trees are to be removed, a Tree Removal Application Form shall accompany the. Tree Protection Plan; all trees to 0000'71 be removed and protected can be shown on the same site plan. D. TREE PROTECTION IN PLACE BEFORE DEVELOPMENT BEGINS 1. Why? ' The most crucial stage for tree protection is before the major. earthwork (trenching, grading, foundation excava- tion etc.) has begun; therefore, development permits ready for issuance .will not be released until Tree Protection measures specified on plans are in place. 2. Verification. It will be the applicant's responsibility to secure an inspection and signed statement from their Arborist or Natural Resource Consultant . that -verifies` that Tree . .Protection Plan is properly installed. Verification shall be in writing and be sent to the Building or Public Works Department (depending on type of development) ; .it will be filed with other materials required before issuing any type of development permit. E. SUMMARY OF REVIEW PROCESS: The review process. for a ' Tree Protection Plan is: 1. Consult with City Arborist/Staff(Optional) . 2. Submit application and necessary fees with other development application materials. If trees are to be removed, submit Tree Removal application at the same time. 3. Post site for field identification. 4. City Arborist, Planning and Building Staff (for construc- tion) , and Public Works Staff (for roads and public projects) review Tree Protection Plan and visits site. 5. Tree Protection Plan approved (with or without conditions) or denied by City Arborist (or designee) . 6. If denied, resubmittal of a revised Tree Protection Plan is required. 7. Five (5) business day public appeal period - staff advises applicant of date of appeal period. 8. Appeals? All decisions on Tree Protection Plans may be appealed to the Planning Commission. 9. Applicant and/or Private Professional representative must submit letter stating that Tree Protection is in place before any development permits shall be issued. Please call 46175035 if you have any questions or concerns. 0000'7.2 6. TREE PROTECTION AND 1 REMOVAL FOR ROAD CONSTRUCTION AND IMPROVEMENTS The following policies' set forth the procedures for Tree Removal and Tree Protection Applications that specifically pertain to road construction and improvements. A. GUIDELINES: Whenever roadways are constructed within Atascader.o (including Colony, road alignments) , consideration shall be given_to preserving and protecting the trees. - Such considerations include, but are not limited to the following: , (1) The roadway '',alignment should vary within the right-of way to accommodateltrees; i.e. the centerline of the pavement may be ' . different than the centerline of the right-of. way. (2) Roadway, alignments which vary from the original Colony centerline shall provide' safe curves and smooth transitions as approved by the City Engineer; necessary utilities shall be accommodated. (3) The roadway alignment should be adjusted to vary outside of the right-o$-way to accommodate trees significant in quality and number Whenever adjacent property can be easily obtained for encroachment, or where large tracts of land are under common ownership. (4) Movement of ';the roadway outside of the right-of-way shall be limited to easements and lot line adjustments, but in general shall not constitute a subdivision of land or taking of. property. (5) Movement ofthe roadway outside of the right-of-way shall take into account other trees outside the right-of-way as well as excessive profile grades. (6) All else being. equal, the cost of roadway construction may be reasonably ,impacted by the cost of saving trees; if the construction cost for the revised alignment does not exceed 125% of the normal roadway cost estimate, the trees shall be saved. B. PROCEDURES. The following procedures pertain to Tree Removal Applications . and'; Tree Protection Plans specifically for proposed road improvements and construction projects: CONTENTS OF A TREE PROTECTION AND REMOVAL PLAN FOR ROAD CONSTRUCTION ANDIMPROVEMENTS 1. Tree Removal/Protection Cover Sheets (See Appendix A and C) indicating approximate number of trees to be removed and trees to be impacted. 2: Vicinity or '';location map on 8 1/2" x 11 0000'73 3• Site .plan indicating existing conditions, including topography, existing right-of-way, structures and general forest canopy. 4• Site plan. indicating proposed road alignment within the right-of-way, including grading and trenching activities, • roads, shoulders, drainage structures, "etc. Delineate the proposed area of disturbance by showing top of cut and toe of fill edges. In addition, identify approximate locations of "key cuts" for any benched fills. On same map, indicate all native trees (located by field survey) with driplines within 20' of the edges of disturbance (top of cut and toe of fill)',. On both site plans (3 and 4) , include north arrow, scale and preparer's name and phone number (Include original size up to 2411 x. 36". 5• All native trees within the proposed area of disturbance shall be field tagged and numbered (recording . species and approximate dbh) but .may not appear on the site plan described above (depending upon the width of the area of disturbance) . The number of trees to be removed shall also be recorded. 6. For each tree that is identified on the site plan (those : along the edges) , complete a native tree inventory stating: a. Species b. Size, measured in dbh (diameter at breast height) . C. Approximate canopy area (3.14 X radius of canopy squared) . d. General condition and health of the tree. e. How tree will be impacted by proposed development (require removal, or affected by cut, fill, roots, .branches, etc. ) (All trees to be removed and protected can be shown on the same site plan) . 7• Proposed tree protection measures for any of the inventoried Trees, including fencing, mulching, aeration, and installation of retaining walls and tree wells for trees along the edge of disturbance - refer to Chapter 5. 8• Tree replacement plans —refer to Chapter 8. 9• Photos - (optional, but sometimes helpful) C. _ FIELD WORK: In addition to the requirements listed above, the following field work shall be required: 1• The proposed center line . of the road and area of disturbance (limits of cut and fill) shall be field staked with markers designed to withstand a period of two years. 2•.. Field identify every native tree within the area , of disturbance with a. non-damaging numbered tag designed to withstand a period of two years. Every tree shall be numbered and recorded as to species and approximate dbh. 0000'7.4 3. Field survey, and map all native trees that-have driplines within 20' . of the edges of disturbance. (Complete tree inventory on these trees is required) . In addition to numbering, wrap trees to be removed with red or pink flagging tape and trees to be protected with yellow or green flagging tape. 4. The applicantsarborist shall identify quality trees .along the edges of the road that should be saved through extra tree protection measures. Each or these trees shall be identified as such on the site plan.' The applicant shall propose methods; of tree protection for City review. 5. Applicants should anticipate the need for at least one field visit with City Arborist/Staff and field trips for elected officials for any major road building projects involving tree removals. Who completes the form: Private professional (as defined) — refer to Chapter 2 Where to submit: Public Works Department. When to submit: Submit application as early as possible - do not have the road completely engineered before consulting with City Staff. Because of environmental laws, information regarding natural 0 resources should be collected at the earliest possible stage of any proposed development. Depending on the complexity of the project, City Staff may require additional information. D. SUMMARY OF REVIEW';PROCESS: The review process for a Tree Protection Plan is: 1. Consult with) City Arborist/Public Works (optional) . 2. Attempt to adjust road within right-of-way to avoid the removal of valuable 'trees - see Guidelines (A. ) above) . 3. Submit application and necessary fees with other development application materials. 4. Post and stake site for field identification - see details above) . 5. City Arborist and Public,Works Staff review Tree Protection and Removal Plan and visits site. 6. Tree Protection and Removal Plan approved (with or without additional conditions) or denied by City Arborist (or designee) 0 or Planning ,Commission, depending on size of trees involved. 7. If denied, resubmittal of a revised Tree Protection and Removal- Plan is requred. 8. . Five (5) business day public appeal period staff advises applicant of! date of appeal period. 000075 9. Appeals? All decisions_ on Tree , Protection Plans may be appealed to the Planning Commission or City Council. 10. Applicant's Private Professional representative must submit letter stating that Tree Protection is in place before any development permits shall be issued. 0000'76 7 . ', POSTING: HOW DO YOU IDENTIFY . TREES TO BE REMOVED OR PROTECTED? Identification of trees and posting of .all property with 'trees to be removed .(with or without any development) and posting of property with trees to be protected with development) is required. This includes any and all applicants w o. submit` plot plans, precise plans, building permits, . conditional use permits and just plain removals. Signs and protective plastic bags are. available to each applicant at the public counter, depending on the situation: A. POSTING FOR FIELD'' IDENTIFICATION' AND FOR APPEAL PERIOD All sites' that have trees to be protected or removed shall be posted for field inspection and during the appeal period.- 1. The poster shall be a copy of the completed front side of the Tree Removal Application and/or -Tree Protection Plan. . 2. Place the poster in a plastic bag in a location that is "visible from the street" . 3. Posting for Appeal Period (i) For Approved Tree Removals/No Development: The poster must remain on site through the duration of the' 5 business day appeal period (except for dead trees) . For Approved Tree Removals with Development and Tree Protection Plans: Applicants shall be advised of the date of the 5 business day appeal period - it may be tied to additional permit requirements. 4. Dead/Diseased trees may require posting for field ID, but may be removed immediately after verification by City Staff. B. FLAGGING TREES TO' BE REMOVED OR PROTECTED All trees to be removed shall be numbered (to coincide with the site plans) and flagged with pink or red ,tape "in the field; all trees or groups of trees to be protected shall be flagged with yellow or green tape; tree protection. :flaggiog shall be necessary only if it is not evident from the submitted plans. For projects involving road construction, refer to Chapter 6 for details. The City Arborist and/or Planning and Engineering Staff will post a copy .. of all Tree Removal Permits in City Hall for the duration of the appeal period 0.00077 8. TREE REPLACEMENT AND MITIGATION OPTIONS FOR REPLACING TREES. The Applicant shall initially select one of the following. methods (A - D) for providing tree replacements for any trees that are going to be removed. The City Arborist (or designee) has the authority to require different' replacement. alternatives (such as' donation to the Tree Replacement Fund) . if. it is apparent that the applicant selecting the planting option (Option A) will be unable to maintain replacement trees for three to five years. If trees are dead, diseased, or damaged beyond repair, replacements will . not be required, but the City will donate- trees from the nursery to replace if requested. If replacement plantings or donations to the Tree . Fund are selected (Option A or B) , trees shall be replaced using the following ratio: A. REPLACING THE TREE BY.. PLANTING. ON OR OFF-SITE 1. Size: Trees that are removed shall be replaced with 5 (five) gallon, locally grown native stock, same species trees: The number of replacement trees required depends on the size, species' and location of each tree removal. If native stock is unavailable, 15 (fifteen) gallon replacements shall be required. _2. Replacement ratio: The concept is to provide. replacement plantings and/or cash based on a ratio; for every 6" dbh of tree removed, one, two or four replacement plantings (depending on tree species and location) will be required. Single Family Residential: Deciduous Oaks/Madrones: Plant two trees for every 6" dbh, (or fraction thereof) of tree removed. Other Native Trees: Plant one tree for every 6" dbh of tree removed. Multi-Family/Commercial/Roads: Deciduous Oaks/Madrones: Plant four trees for every 6" dbh . of tree . removed. Other Native Trees: Plant two trees for every 6" dbh of tree removed. B. REPLACING THE TREE 'THROUGH DONATIONS TO THE TREE REPLACEMENT FUND: Base Fee: $50.00 per tree. This is the minimum amount of .money it would` cost for the City to, purchase (or eventually grow) , plant and fence a five gallon native tree. This base fee does not attempt to recover any city labor, maintenance and/or watering costs. As an example, if a 6" dbh California. Bay (Classified as Other Native Tree) were removed for road construction, the applicant would be required to either plant and fence two five gallon replacement trees or contribute $100 'to the Tree . Replacement Fund. Use the same ratio of tree replacement plantings listed - above in combination with the base fee for determining replacement costs: 000078 e following chart summarizes the replacements required - through replacement anting or donation: ' Type of-Tree/Development # of .Replacement Trees S Tree Fund (5 gallon minimum) Deciduous Oaks/Madrones Single Family 2 per 6"dbh $100 per 6"dbh Multi-Family/Commercial/Roads 2 per 6"dbh $200 per 61 dbh Other Native Trees Single Family 1 per 6"dbh $50 per.6"dbh Multi-family/Commercial/Roads 2 per 6"dbh $100 per 6"dbh The next chart demonstrates how this system of replacements .(through planting trees or donation to the Tree fund) might work: To illustrate, the hypothetical removal .of a ,12" dbh Quercus agrifolia (coast live oak, classified as Other Native Tree) and a 12" dbh Quercus lobata (valley oak, classified as a Deciduous Oak) will be used: REPLACEMENT EXAMPLE Type of Tree/Development # of Replacement Trees $ Tree Fund (5 gallon minimuMl 02" dbh 0. lobata - a ' deciduous oak Single Family I 12/6"dbh X 2 trees = 4 12/6" X $100 = $200 Multi-Family/Commercial/Roads 12/6"dbh X 4 trees = 8 12/6" X $200 = $400 12" dbh O. agrifolia 41- other native trees Single Family 12/6"dbh X 1 tree = 2 12/6" X $50 = $100 Multi-Family/Commercial/Roads 12/6"dbh X 2 trees = 4 12/6" X $100 = $200 If it does not appeair an applicant wishing to remove trees will be able to maintain replacement trees for three to five years, the City Arborist (or designee) has the ability to require a different replacement alternative, such as donation to the Tree Replacement Fund. Multi-family and Commercial/Roads applicants may plant larger size specimens to reduce the quantity of replacements required using the following ratio: 24" box = ^2, 59allon locally grown or 15 gallon other trees 36" box = 4., " 48" box = 6, 60" box = 8, „ The City Arborist (off' designee) has the authority_ to approve or reject this option. TRANSPLANTING THE- TREE In certain situations and usually as a last resort, native trees of certain size may be transplanted. The following criteria shall be used: 1. Native trees over 2 - 6" dbh may be moved without special equipment. nnnn" 2. Native trees 6" dbh to be transplanted require the use of a tree _ spade and must follow the guidelines set forth in Appendix F. 3. Transplanted trees that die during the first year shall be. replaced at the determined replacement ratio (from Section A. above) . D. TREE MITIGATION , If trees that are protected do not ,survive development activities or if the Tree Ordinance is violated, the- City has the authority to require mitigation for damage, requiring higher replacement ratios or fees than are described above. Other methods of mitigation for native tree removal include: 1. Dedication of - a conservation easement designed to protect oak seedlings. 2 . Contract growing of native trees . E. PENALTY CONDITIONS For Tree Ordinance Violations and unauthorized tree. removals and/or damage, the City Arborist (or designee) has the authority to request compensation, based on the court tested and upheld ISA ( International Society of Aboriculture) method for evaluating the monetary. value of trees (Valuation of . Landscape Trees, Shrubs and Plants, ISA - 7th Edition, 1988 . ) F. TREE FUND EXPENDITURE POLICIES 1 . The Tree Fund monies shall be appropriated in a manner consistent with the purpose for which they were collected. 2 . The ANTA Board of Directors shall review all proposed Tree Fund expenditures and recommend an annual budget to the appropriate Department Head. 3. City staff -shall review and recommend the annual budget to City Council during the City' s annual budget. 4. Fees collected from tree removal . and mitigation associated with removal shall be set aside annually to support the native tree nursery. . 5• Whenever feasible, replacement projects should be in proportion to i -the mix of species lost as a 'result of new construction. . Replace- ment and projects shall. be evaluated on their potential. to duplicate the type of habitat lost from construction projects contributing to the Tree Replacement Fund. 6. Tree Fund expenditures ` shall provide for 'native plant habitat acquisition (by purchase or easement)., ,their protection, replace ment, rehabilitation and/or enhancement. } 000080 ; i 9. APPEALS The. procedures for appeals that are outlined in the Zoning Ordinance, Chapter 9-1.111 shall apply to decisions• about trees, but with the following clarification: 1. Decisions of the 'City Arborist, Public Works Department, Community Development Department or any member of the staff may be appealed to the Planning Comihission. Planning Commission decisions, in turn, are appealable is the City Council, whose decision is final. 2. Once denied, a period of one year must lapse before any applicant reapplies for consideration, unless physical facts upon which the decision - making body based their denial has changed. 3. All appeals must'; be made in writing and filed (with appropriate fees) with the Secretary of the Planning Commission for matters to be heard by the Commission, and with the City Clerk for matters to be heard by City 'Council. 4. See Fee Schedule ';for Appeals in Chapter 10. The public appeal period shall be five (5) business days from the date of the action being appealed. +000081 ..0 l 10. FEE SCHEDULE The intent of the proposed fee schedule is togenerally charge fees that correspond to the amount of time it takes.to process and review different tree removal requests. Fees for Processing Applications: A. - Dead and Diseased Trees. ; No fees B. Tree Removal Application 211-24"dbh in size $ 35 C. Tree Removal Application. . 24" dbh .or greater $ 50 D. Tree Protection Plans Single Family Residential $ 50 ' (includes any Tree Removal Application if necessary) E. Tree Protection Plans Multifamily, Commercial and Road Improvement Plans (includes any Tree Removal Application if necessary) $ 200 F. Appeals Applicant (first appeal) $ 0 Applicant (second appeal) $ 50 Any Interested Person $ 50 G. Forestry and Woodlot Management Plans 5 - 9 Acres $ 250 10 ­39 Acres $. 400 40 + Acres $ 600 H. Annual Pruning, Trenching and -Encroachment Permit $ 100 000082 11: ADOPTION ,OF LANDMARK TREES A -"Landmark Tree means any tree that is recognized by City -. Council Resolution for its age, size, location and/or cultural significance. A "Landmark Tree" can: be native or non-native and receives the same protection and is subject to the same conditions regarding native trees. They may not be removed without City Council approval. Procedure for nomination: On Private Land: A Landmark Tree may be nominated only with Landowner's permission. Public Land; A Landmark Tree may be nominated by any member of the community. Please see Appendix D for a Landmark Tree Nomination Form 000083 14 PRUNING STANDARDS - 0.4 WESTERN - ' CHAPTER f924 IF i WESTERN 'CHAPTER 1"terliatiolial societvi of ArbOricUl't!re ARIZONA CALIFORNIA HAWAII NEVADA . Certification Committee - PO. Box 424 • St. Helena,.California 94574 000084 Written by: WC ISA Certification Committee Ed Perry, Editor John C. Britton, Chairman Ed Brennan Jenice Froehlich Richard W. Harris Steve Holcomb John M. Phillips Fred Roth These Standards address pruning in terms of treerowth and response..sponse:They are not intended as a training manual for pruning or climbing techniques.Tree pruning is often dangerous,with unseen hazards.Proper training in safe work practices and supervision is required for tree climbing. It is the tree worker's responsibility to exercise adequate precautions for safety. All tree maintenance must be performed in compliance with ANSI Z133.1, 1988 SAfety Standards. 10 1988 Adopted by the Westgn Chapter ISA Executive Committee on May 18.i9m. . nnnnjQr; WESTERN CHAPTER _ ISA PRUNING STANDARDS Purpose: Trees and other woody plants.respond in specific and predictable ways to pruning and other maintenance practices. Careful study of these responses has led to pruning practices which best preserve and enhance the beauty, structural integrity. .and functional value of trees. In an effort to promote practices which encourage the preservation of tree structure and health, the W.C. ISA Certification Committee has established the following Standards of Pruning for Certified Arborists.The Standards are presented as working guidelines,recognizing that trees are individually unique in form and structure,and that their pruning needs may not always fit strict rules. The Certified Arborist must take responsibility for special pruning practices that vary greatly from these Standards.. 1. Pruning Techniques A. A thinning cut removes a branch at its point of attachment or.shortens it to a lateral large enough to assume the terminal role. Thinning opens up a tree, reduces weight on heavy limbs,can reduce a tree's height,distributes ensuing invigoration throughout a tree and helps retain the tree's natural shape. Thinning cuts are therefore preferred in tree pruning. When shortening a branch or leader, the lateral to which it is cut should be at least one-half the diameter of the cut being.made. Removal of a branch or leader back to a sufficiently large lateral is often called "drop crotching." B. A heading cut removes a branch to a stub, a bud or a lateral branch not large enough to assume the terminal role. Heading cuts should seldom be used because vigorous,weakly attached upright sprouts are forced justbelow such cuts,and the tree's natural form is altered.In some situations,branch.stubs die or produce only weak sprouts.. 00008E C. When removing a live branch, pruning'cuts should be made in branch tissue just outside the branch bark ridge and collar, which are trunk tissue. (Figure I) If no collar is visible,the angle of*the cut should approximate the angle formed by the branch bark ridge and the trunk. (Figure 2) D. When removing a dead branch,the final cut should be made outside the collar F .oflive callus tissue. If the collar has grown out along the branch stub, only the dead stub ,should be removed, the live collar should remain intact, and uninjured. (Figure 3) E. When reducing the length of a branch or the height of a leader, the final cut should be nnade just beyond (without violating) the branch bark ridge of the branch being cut to.The cut should approximately bisect the angle formed by the branch ;bark ridge and an imaginary line perpendicular to the trunk or branch cut. !(Figure 4) F. A goal of structural pruning is to maintain the size of lateral branches to less than three-fburths the diameter of the parent branch or trunk. If the branch is codominant or close to the size of the parent branch, thin the branch's foliage by 15% to 25%.particularly near the terminal.Thin the parent branch less, if at all. This will 'allow the parent branch to grow ata faster rate, will reduce the weight of the lateral branch, slow its total growth, and develop a stronger branch attachment. if this does not appear appropriate, the branch should be completely removed or shortened to a large lateral. (Figure 5) G. On large-grdwing trees, except whorl-branching conifers, branches that are more than one-third the diameter of the trunk should be spaced along the trunk.at least 18 inches apart, on center. If this is not possible because of the present size of the tree,such branches should have their foliage thinned 15% to 25%, particularly near their terminals. (Figure 6) M H. Pruning cuts should be clean and smooth with the bark at the edge of the cut firmly attached to the wood. 1. Large or heavy branches that cannot be thrown clear, should be lowered on' ropes to prevent injury to the tree or other property. J. Wound dressings and tree paints have not been shown to be effective. in preventing or reducing decay. They are therefore not recommended for routine use when pruning. 00008' branch _ bark 1�;E FIGURE 1. When removing a branch, the final cut branch should be just outside the.branch bark collar .-ridge and collar. FIGURE 2 In removing a limb without a _ branch collar, the angle of the final cut to the branch bark ridge should approximate the 6 angle the branch bark ridge r C forms with the limb. Angle AB should equal Angle BC. - t FIGURE 3. When removing a dead branch, cut out- side the callus tissue-that has begun to form around the branch. 000088 FIGURE 4. In removing the end of a limb to a large lateral branch;the final cut . is made along a line that bisects - the angle between the branch bark A r ridge and a line perpendicular to - C the limb being removed.Angle AB B is equal to Angle BC. FIGURE 5. A tree with limbs tending to be equal- - (... t• ;; ,�`rte.;;,_ 1 •sized, or codominant. Limbs marked B f�% are greater thdn 3/4 the size of the parent r"J, - ` " ,'•�-- limb A. Thin they foliage of branch B more than branch A to slow its growth and develop a stronger branch attachment. FIGURE 6. Major branches should be well spaced both along and around the stem. r 000089 If. Types of Pruning-Mature Trees A. CROWN CLEANING Crown cleaning or cleaning out is the removal of dead, dying, diseased, crowded, weakly attached, and low-vigor branches and watersprouts from a tree crown. B. CROWN THINNING Crown thinning includes crown cleaning and the selective removal of branches to increase light penetration and air movement into the crown. Increased light and air stimulates .and maintains interior foliage. which in turn improves branch taper and strength. Thinning reduces the.wind-sail effect of the crown and the weight of heavy limbs.Thinning the crown can emphasize the structural beauty of trunk and branches as well as improve the growth of plants beneath the tree by increasing light penetration. When thinning the crown of mature trees, seldom should more than one-third of the live foliage be removed. At least one-half of the foliage should be on branches that arise in the lower two-thirds of the trees.Likewise, when thinning laterals from a limb, an effort should be made to retain inner lateral branches and leave the same distribution of foliage along the branch. Trees and branches so pruned will have stress more evenly distributed throughout the tree or along a branch. An effect known as "lion's-tailing results from pruning out the inside lateral branches. Lion's-tailing,by removing all the inner foliage,displaces the weight to the ends of the branches and may result in sunburned branches, water- sprouts, weakened branch structure and limb breakage. C. CROWN REDUCTION Crown reduction is used to reduce the height and/or spread of a tree.Thinning cuts are most effective in maintaining the structural integrity and natural form of a.tree and in delaying the time when it will need to be pruned again. The lateral to which a branch or trunk is cut should be at least one-half the diameter of the cut being made. D. CROWN RESTORATION Crown restoration can improve the structure and appearance of trees that have been topped or severely pruned using heading cuts.One to three sprouts on main branch stubs should be selected to reform a more natural appearing . crown. Selected vigorous sprouts may need to be thinned to a lateral, or even headed,to control length growth in order to ensure adequate attachment for the size of the sprout.Restoration may require several prunings over a.number of years. 000090 II. Types of Pruning—Mature Trees (continued) E. CROWN RAISING Crown raising removes the lower branches of a tree in order to provide .prance for buildings,vehicles,pedestrians,and vistas.It is important that a tree have at least one-half of its foliage on branches that originate in the lower two-thirds of its crown to ensure a well-formed, tapered structure and to uniformly distribute stress within a tree. When pruning for view, it is preferable to develop "windows" through the foliage of the tree, rather than to severely raise or reduce the crown. Ill. Size of Pruning Cuts Each of the Pruning Techniques (Section 1)and Types of Pruning(Section II)can be done to different levels of detail or refinement. The removal of many small branches rather than a few large branches will require more time,but will produce a less-pruned appearance,will force fewer watersprouts and will help to maintain the vitality and structure of the tree. Designating the maximum size (base diameter) that any occasional undesirable branch may be left within the tree crown,such as '/z; V or 2' branch diameter, will establish the degree of pruning desired. . IV. Climbing Techniques A. Climbing ';and pruning practices should not injure the tree except for the pruning cuts. B. Climbing spurs or gaffs should not be used when pruning 'a tree, unless the branches'are more than throw-line distance apart. In such cases, 'the spurs should be;removed once the climber is tied in. C. Spurs may be used to reach an injured climber and when removing a tree. D. Rope injury to-thin barked trees from loading out heavy limbs should be avoided by installing a block in the tree to carry the load.This technique may also be used to reduce injury to a crotch from the climber's line. 000.091 13. TREE PLANTING AND TRANSPLANTING GUIDELINES A. TREE PLANTING: A set of replanting guidelines shall be included withevery tree permit requiring replacement plantings: 1. Generally, choose same species replacements for the native trees to be removed. 2. Inspect the trees for encircling roots (roots that wrap around the Pot have a poorer chance of straightening out and growing right in the ground 3. When planting, make sure that the roots have been untangled, straightened and loosened as much as possible. 4. Plant in a hole at least •twice as big as the Pot,.-.and use native soils in the hole. 5. - Provide the tree with deep watering - meaning a slow, gradual and long watering (which encourages downward root growth to anchor the tree) at the time of planting. 6. Native oaks require less watering than other species; provide them with one deep watering in late .spring and two in the summer. If drip irrigation is used, do long, slow watering applying 10-20 gallons over a three-four hour period. 7. Protect the young trees from wildlife or vandalism with some kind of fencing —both above and below ground if possible; welded wire fencing of at least 4 feet in height above ground and one - two feet below ground. All applicants that remove trees and provide replacement plantings shall provide the City with proof of tree planting, through copies of- the tree purchase receipts, photographs and signed under "penalty of perjury statement attesting to the date of planting. . These records can be kept in the office of the City Natural Resource specialist. All trees shall. be planted preferably in the fall or winter but within one year after . receiving a tree removal permit. B. TRANSPLANTING GUIDELINES FOR "BIG TREES Transplanting large trees shall only be used as method of last resort, as rates of survival are not documented at this time. Please use these guidelines to assist you with the transplant and transport of big .trees: 1. Coast live oak trees seem to survive transplanting better than . valley or blue oaks (the other common species in the area) . 2. For trees that are larger than 14" dbh, constructin -a "box" around the base of the tree and an adequate "root mass" and. moving it with a crane and flatbed truck . are necessary. Approximate box size should be around .7x the diameter of the tree trunk. 000092 It is adv' the roots (where sable to cut ( ere you .are planning to build. the tree moving box) at least a year ahead of time to promote more root growth with�n 'the soil that is going to move with the tree. 4. When boxing a tree, the bottom should be cut- last and can 'be anywhere between'; six and eight feet deep, depending . on the size of the tree and conditions of the soil To cut the bottom, you will need to take a b&ckhoe to remove one of the sides of the box to get at it. 5. When calculating what types of equipment will be necessary in order to move a tree, you must attempt to estimate the weight of the tree, its roots and the soil. . Figure out the cubic area of the soil (height x depth X-width of box) and multiply it by the weight per pound of soil... You must..also .estimate.the weight of the wood - one way to do it is .to estimate the .amount of cordage (4 'x 41x 81area) in the tree and.',calculate its weight (oak weighs approximately 45 pounds per cubic foot) . As an example a 48"dbh tree was recently moved in Thousand Oaks - together the tree.and the root mass weighed over 400,000 pouhdsl 6. Have the planting hole prepared before attempting the transport. A backhoe will probably be necessary and the hole should be at least as big as .the boxy (and tree that you are moving) . Scarify the sides of the hole (scratch them up, make them uneven. ) 7. Place the tree in the soil at the same depth. Make sure all the roots are untan¢'led (not encircling the box) and backfill with native soils. 8. Provide the tree: with deep watering - meaning a slow, gradual and long watering (which encourages downward root growth to anchor the tree) . . If planting in the summer, provide at least one deep watering in every week for the first few months after transplant. If planting in the fall, winter or spring, adjust watering around rains. If drip 'irrigation is used, do long, .Slow watering, applying 10-20 gallons over a three-four hour period. . Depending on soil type, more or less water may be required. Big tree moving should. probably be used only as a last resort, because it is very .difficult to, get it right, but if it is done carefully, the results are definitely worthwhile. See Appendix F for more information on planting and transplanting of native trees 000093 14. FORESTRY AND WOODLOT MANAGEMENT PLANS A•, PURPOSE: The Forestry/Woodlot Management Plan can be used when: 1. Minimum area of the .site is 5.0 acres or larger in contiguous, single ownerhip; and 2• . The existing zoning of thero ert residential or agriculture; and P P y is single-family 3• Canopy cover of site is equal to or greater than 50%;, and 4 The" woodlot will be managed for personal and not commercial use. B. STANDARDS FOR TREE REMOVAL AS PART OF A TREE MANAGEMENT PLAN applicant must ..provide.the..factual data that demonstrates ability to regulate the trees ' .on.-site- so as_to preserve, enhance '.and -maintain the rural and .visual atmosphere of the community. The followi minimum standards must be met: - ng (1) During a 20 year period, the crown cover of the propert shall not be reduced more than 25%. y (2) If any stand (or. cluster) of trees on the site has less than 25% crown cover, only removals for disease, infestation . or hazardous conditions shall be permitted. (3) No more than 5% of the crown cover shall be reduced in -anone year, and in no case shall- the tree removal be concentrated in one area, or strip. (4) A second cutting shall not be permitted until successful regeneration has been established. C• CONTENT: Tree Management Plans shall include but not be the following information: limited to 1• Cover Sheet (See Appendix F for example) . 2•. Vicinity or location map. 3. Site plan and other maps as required to show: (a) Topography (20 foot contour intervals minimum) (b) Location of creeks, riparian zones and .ponds - (c) Location' of proposed and existing roads, driveways and structures (d) Vegetation (e) Soils information . (f) Wildlife use areas (g) Fire history (h) North arrow, written and graphic scale,. legal description of property, preparerIs name and phone preparation. number, and date of (i) Other information as required 000094 4. Tree Information, including: (a) Percent; of site covered by forest canopy (b) Forest .type : (c) Inventory of trees ' (d) Condition of trees (e) Report of .any existing damage (fire, disease,. animal damage,' etc. ) . 5. "Tree Management Plan, including: (a) Landowner's objective (written statement) (b) Proposed methods of tree removal including site prep- aration, thinning, pruning, etc. (c) Intended schedule of removal (d) Tree and site protection measures such as erosion control, fire . protection, insect and disease protection, and wildlife protection. (e) Tree replacement plans - shall include practices to ensure effective stocking and survival of an optimum number of trees to provide continuation of the stand in perpetuity. (f) Seedling protection - replacement plantings shall be pro- tected from wildlife damage (until they reach .6 ' height to prevent deer browsing) . PREPARATION: Tree Management Plans must be prepared by aCalifornia Registered Professional Forester. E. ' APPROVAL: 1. Tree Management Plans shall be approved, conditionally approved or denied by the Natural Resource Specialist or in his/her absence by the Community Development Director, after consul- tation with ';a Registered Professional Forester, ISA Certified Arborist, or Licensed Landscape Architect. 2. Tree Management Plans shall be' approved for a five year period. The property and application shall be reviewed annually. At the end of five years, the property owner may apply to continue the management plan. The renewal application may be approved, conditionally approved, or denied. 3. All decisions made pursuant to Section E.1 are appealable to the Planning Commission. r . 000095 S Resolution No. 125-90 On motion by Councilmember member seconded by. Council- the foregoing resolution is hereby adopted in its entirety-on the -following roll-call vote: AYES: NOES: ABSENT: DATE ADOPTED: . By ROBERT B. LILLEY, Mayor City of Atascadero, California APPROVED AS TO CONTENT: RAY WIN DSOR, City Manager APPROVED AS TO FORM: ARTIER MONTANDON, City Attorney ATTEST: LEE DAYKA, City Clerk 000096 APPENDICES 00009'7 Tree Removal Permit Application i a1ioRr , Supplemental Information X 15 G .�tl • 1 _(Please type or print in ink) Reason for Removal : Number of Trees to be Removed: Specify the size (measured 4 - above ground level ) , Spe�ieS (both common and botanical name) and condition of each tree to be removed: 1 . 2. 3. 4. 5. Specify the size and species of the trees proposed to replace those intended for removal : i . " 2. 3. 5. Please prepare a "Plot Plan" showing all improvements on your procerty, trees to be removed, trees to remain, and the proposed location of replacement trees as per the attached example: Owner Arborist Certificate Number 000098 Date saw 1.e plot Plan TmLr I . I jRCE TO ' To 6E 2E�t�vE� �r� zer L— -�K. PAY�v ROAD X44Hr ' 000d�s9._ APPENDIX A lot COMMUNITY DEV d i ELOPMENT DEPARTMENT PLANNING DIVISION 6500 Palma .Ave. P.O. Box 747 Atascadero, CA 93423 (805) 466-8000 APPLICATION -FOR Please tvoe or Print in ink Owner; Address: Agent.: Address: Phone #: Phone #; Applicant: Address: Phone #: Project Description: Existing Use: Project Address: Legal Description: lot(s) Assessors Parcel No(s) : ' Block---� Tract I/We consent to the filing of- this application and declare that this application and related documents are true and correct. (NOTE: The signature .of the property owner. is required on the application before it will be accepted for processing. ) Owner Agent Date Date For Staff Use Only Feer Receipt #:F7 _ 000100 r-n!i'inr:� u � n 1979 Application Pending for Tree Rem' oval (s) Address: Name: APN#: Reason for Request: lumber of Trees: Species: These trees are marked by: Date: Date of City Council Meeting: (only for heritage trees) To obtain additional information about. this tree removal application, contact the Community Development Department at the address and telephone number shown below. City of Atascadero Community -Development Department Administration Building 6500 Palma Avenue 000101 4R1 _g;nqr.__ 14 APPENDIX B s •(c Ir rin e �-i 1913 i EI �: , 1979 �p sCG4&D a Notice of Tree Removaj (,$). Permit Number #: .APN#: Address: Name: Number of Trees: Species: These trees are marked by: Tree Removal Permit Issued On: Appeal. Period Ends On: The tree(s) marked on this site were approved for removal by the City of Atascadero on the date shown above. No trees shall be removed until an appeal period ends (date shown above). If an appeal is filed during that period, no trees are to removed until the appeal is resolved. If no appeal is filed, the trees may be removed after the date shown above. To obtain additional information regarding this permit, to review the plans, or to file an appeal, please contact the Community Development Department at the address and telephone number shown below. City of Atascadero Community Development Department Administration Building 000102 6500 Palma Avenue 461 -503 �, ~•' APPENDIX C ,a .... .. CITY ',OF ATASCADERO si"Q - •� •:,•-. EXAMPLES OF TREE A COMMUNITY DEVELOPMENT PROTECTION DEPARTMENT MAU CUPS l II, ar6 {o/to WWF OR EQUAL- V-0' Tse POSTS e W a C. TREE PRaTEcncN I TREE PROTECTION i F(GAc,� n 8a I � RES(OE`I CE S iw=out i �f ac"5_�� j'.t"LAVit' PXOTL'LT/ON O .000103 APPENDIX D • • CITY OF ATASCADERO LANDMARK TREE NOMINATI rs.o. ;q 7-8 (NOT' CURRENTLY AV _ CAD COMMUNITY DEVELOPMENT ABLE) . DEPARTMENT 000104 APPENDIX E yll�.,.. CITY OF ATASCADERO CCOMMUNITY DEVELOPMENT' J DEPARTMENT ISA PRUNING GUIDELINES Young trees should be pruned from year to year only .as it is found necessary to correct their natural forms or to aid them in proper development. Natural shape and contour should be preserved as much as possible and such faults as weak crotches and interfering limbs should be eliminated so as to produce vigorous strong crowns. Water suckers about the root collar and lower trunk should be removed. Heavy '';general thinning of the entire crown is not advisable unless required in specific cases to correct root injury,' lack of balance, or some other individual fault. Also, all dead or decayed limbs and '' stubs should be removed. The pruning of old existing trees should consist mainly of removal of dead, dying or diseased wood and interfering branches. However, trees my be pruned at any season of the year. In pruning of either live or dead wood, wounds.are made through the bark and cambium layer. This operation must be carefully done if the possibility of:; insects and fungi entering through the resultant wounds Js to be guarded against. Cuts must be made flush with the parent limb or trunk if the cambium layer is to heal the wound over properly and in the shortest possible period of time. If stubs are left, the inevitable result is decay entering the tree structure, leaving gaping holes which the cambium layer cannot heal over. If cuts are made too close, the parent limb is weakened and usually a wound larger than necessary is caused. The objective in detail is to remove all wood beyond reach of plant food flow lines and yet make the minimum wound. Where heading back''; of leaders or shortening of lateral branches- is required, each cut should be made 'at a side limb of sufficient size ratio to maintain the section of parent branch remaining. One- third to one-half size or larger for side limbs as compared to the parent limb is a good ratio to follow. All wounds should lie waterproofed as a protection against insects and decay. For ordinary pruning operations, one or two coats of a good grade of wound dressing is sufficient. If the wound is to be left open for a few hours or longer, as is often the case in tree surgery, a coating' of shellac should be applied to the bark edge and cambium layer to prevent drying. In such cases, water-proofing can be 1. done in thelproper sequence before completion. *How Trees Live and Grow Pruning, Tree Sur a International Shade Tree Conference, Bulletin 3. 1 . 000105 14 `_yen$ CITY' OF ATASCALER0 APPENDIX F TREE PLANTING AND TRANS COMMUNITY DEVELOPMENT PLANTING SOURCES �o. DEPARTMENT SOURCES FOR LARGE TREE TRANSPLANTING 1• John Mote, Valley Crest Tree Company (818) 367-5803 2• Bill Ellmendorf, Urban Forester for Thousand Oaks (805). 497-8403 3. Leonard Arnold, Arnold Tree Service (209) 584-3900 i - i f • i r 000106 A�, :... ... CITY, OF ATASCADERO APPENDIx G ►so►n COMMUNITY DEVELOPMENT �o. DEPARTMENT LOCAL NURSERY SOURCES FOR NATIVE TuwES 1• Bay Laurel Garden Center 2500 El Camino Real, Atascadero (805) 466-3449 2. Las Pilitas Nursery Las Pilitas Road, Santa Margarita (805) 48-5992 3. Moore's Western Nursery 8255 Morro- Road, Atascadero (805) 466-2234 000107 ,I' . .. .. APPENDIX H CITY OF ATASCADERO FORESTRY/WOODLOT MANAGE COMMUNITY DEVELOPMENT'.' 'MENT PLAN APPLICATION FO .� DEPARTMENT CNOT CURRENTLY AVAILABLE)-' ..R 0001081, QQQQQQ DEVELOPMENT AROUND COAST LIVE OA EXHIBIT C KS QQQQQQ One of the major challenges.of land development If removal significant sections o the root alifornia is how to develop around oaks and still f system cannot be avoided, careful rve them as an integral part of the landscape. proportional pruning of tree branches may reduce the impact. Su stantial changes to existing conditions arelikely to weaken a healthy tree and may eventually result in Any roots permanently exposed from grading or accelerating its death. In locating structures, driveways, scraping of topsoil should be cleanly cut just patios, etc. innovative design is often necessary to save or below the new soil grade. prolong the life of the existing oaks.'', Filling(adding soil)and/or compaction under the Avoiding any disturbance within and around the drip line of oaks is also harmful. Roots must be able to oak dripline will have the least impact on the oak. If this breathe in order to take up nutrients from the soil. Oxygen is unavoidable,the following summarizes development is essential to root respiration and is directly related to the scenarios and ways to reduce impacts. processes of active water absorption and nutrient uptake. Grading, Cutting,Filling,Trenching and Soil Filling covers the extensive feeder root system and reduces soil aeration and gas exchange to the roots and compaction Compaction. Coast live oak trees have a very sensitive root system that consists of both shallow and deep roots. eliminates "pockets"within the soil of oxygen and/or The extensive shallow(feeder)roots usually extend 1/3 water. When deprived of oxygen, the roots of oak trees again beyond the drip line of the treet' Grading, cutting, or can suffocate, resulting in premature death of the tree. trenching around oak trees is often detrimental due mainly. Inadequate soil aeration also retards nutrient absorption to the shallow feeder roots being cut dor damaged by and may cause stunting or death of roots. machinery, or exposed by scraping away the topsoil. This While grade-changes outside the drip line and root may weaken_the tree by reducing it's ability to take up zone of the oaks may not directly injure the tree, there are water and nutrients from the soil. some indirect effects to consider. For example, if fill During development, if trenching is necessary material outside the tree canopy results in change of (eQ. for utilities) under oak trees, substantial portions of drainage or water movement patterns so that soil under the t t system can be severed, reducling the tree's ability tree is saturated, it may result in a weakening of the tree to a up water and nutrients. The tree will die quickly if and susceptibility to crown or root rot. Also, substantial a significant amount of root area is disrupted. cuts away from trees may change drainage patterns and cause the soil to dry more rapidly in the summer. This When possible,grading/trenching should be could result in insufficient moisture available to the trees; restricted to areas outside the drip line and root in turn, they may die of a lack of water, or weaken with a zone of the trees. greater exposure to disease. A sturdy, temporary barrier should be placed around the tree dripline until MINGUS DANGER ZONE! construction is done Kram ul(Y 11VIiLI.1)I(AINIa) If trenches must be CANOPY dug under oak trees, every effort RI'I'AININC: WALT. should be made to DRIPLINE 1 FIL1. put all utilities, etc. �(i in one trench rather RETAINING WAI.1. 1 15• r than digging many DRIPLINE j1 ROOT CROWN i k" trenches. Tunnels NEM ' and hand trenches GRADE ° are less destructive - 10alternatives to machine trenching, r Sometimes conduits can be bored I � KOO'I'%UNI: through the soil for utility lines Oak Tree Profile, Concepts and Protection Techniques 00/11 no ' Retaining walls could be used outside of the root necessary there are certain mitigation measures that w` zone to retain the natural grade to protect reduce the impact. will gradeP P Landscaping[see following list of existing root zones native species plantable under oaks] within the oak drip Paving under oaks or in their root zonewill have line is okay with the following restrictions: similar impacts as would the previously described 10.compaction impacts. If paving is unavoidable, the Plants should be chosen which do not: require developer should strive to: summer irrigation;produce allelopathic ► keep the paving out of the substances(toxins that would poison the oak drip line of the tree trees);or develop such a thick root and foliage and certainly no closer than about 1 S feet from mat that would not allow sufficient water the tree trunk. permeability and gas exchange. use a Paving material that is porous,such as It is best to landscape awu P awayfrom the trunk bricks with sand joints, open bricks, bark,gravel, ' Vines should not be allowed to grow up the tree cobbles, redwood planks, etc. (Tltis will allow some water penetration and as exchange). Even trunk. . g aPruning of oak trees is normally not necessary and with the porous paving, the area around the should typically be limited to the removal of dead, trunk(at least a 1S foot radius)should be left weakened, dangerous or diseased branches with no heavy natural, uncovered pruning at any time. Light pruning can be done just about ' maintain historic drainage and not create any any time of year; however, heavier pruning of coast live Pooling of water around the tree. oaks should occur during July-August. Excessive pruning may stimulate rapid new growth subject to mildew or other Maintenance of Oaks Around Homes after related diseases and should be avoided. Development. The best advice for maintaining oaks is to Although these oaks require some supplemental leave the environment around them as natural as possible. watering to get them established, once established they Anything done to modify the environment will have an will rely.esclusively on rainfall impact on oak trees. However, when modification is The followin is a list of tart species that could be used for landsca ina around oaks- Shrubs-Partial Shade Carpenteria calijornia, Carpenteria Ground Covers Ceanothus species:C.griseus, C. thyrsiflorus, C. maritimus:plus Baccharis pilularis var. ho pilularis, Dwarf coyote bush cultivars: C.Joyce Coulter, C Ray Hartman P Ceanothus griseus, horizontalis, Carmel creeper Cercis occidentalis, Western redbud Ceanothus maritimus, Hoover ceanothus Cercocarpus bo_tuloides,var.blancheae,Mountain mahogany Ribes viburnifolium, Catalina currant Eriogonum arborescens,Santa Cruz Island wild buckwheat y Evergreen Herbaceous Plants Garrya elliptica,Silk-tassel bush Drvopteris arguta, Wood fem Heteromeles arbutijolia, Toyon Eriogonum umbellatum var.polyanthum, Buckwheat Mahonia species(Bazberries&Mahonias):M. amplectens, M. dic ota, Heuchera maxima,Giant alum root ,ff.jremontii,M. Hae►natocar a.M. bi �' iris douglasiana and hybrids Prunus iliciforHolly-leaf cherry p gginsiae,M.pinnata Yiguiera deltoidea var.parishii Rhamnus californica, Coffeeberry Deciduous or Annual Herbaceous Plants Ribes species(Gooseberries):R aureum var.gracillimum, R Clarkia species malvaceum,R.speciosum,R.sanguinium,R. viburnifolium Collinsia species,Chinese houses Rosa californica, California wild rose Dodecatheon clevelandii, Shooting stars Rosa californica, "Plena"double California rose Eschscholzia species,Poppies Salvia clevelandii,San Diego wild sage - Montia perfoliata, miner's lettuce Salvia leucophylla,Coastal white sage Nemophilia menziesii, Baby blue eyes Shrubs-F_ ul__ IU Oenothera species,Evening primroses Fremontodendron calijornicum mexicanum and cultivars,Fremontia, Sisyrinchium bellum, Blue-eyed grass viola pedunculata, Yellow pansy Flannel bush,"California Glory", Galvesia speciosa, Island snapdragon Pacific sunset" Zausschneria californica, California wild fuchsia Lupinus albijrons, Silver bush lupine Bulbs Lupinus chamissonis, Chamisso bush lupine Brodiaea species and related genera:Dichelostemma pulchellum, Mimulus aurantiacus, Bush monkeyflower Tritileta taxa Mimulus puniceus, Red monkeyflower Calochortus species,Mariposa lilies Penstemon clevelandii, Cleveland's penstemon&other spp. Lilium pardalinum, Leopard lily (Zomneya coulteri,Matilija poppy Trillium chloropetalum, Common trillium 00 ITEM NUMBER: C — 3 DATE: 05/26/98 Iola 11 9 t'AD� City Man ger's Agenda Report Wade G. McK nney Fixed Route Service Atascadero Dial-A-Ride . 4 RECOMMEND TION: Staff recommends: C uncil approve the modification of the existing demand response transit system to a combinat on demand response and fixed route system. DISCUSSION: f In May 1997, City C�uncil adopted a Short-Range Transit Plan prepared by Nelson\Nygaard Consulting Associates. The primary focus of this plan was the lack of capacity on the current system and the limited population it serves.At that time the consultant recommended adding a fixed route service to the existing demand response system. The City then contra ted with Nelson\Nygaard for preparation of an Implementation Plan,which would outline the steps to be taken to develop fixed route service. These details include route, bus stops, policies, a*d costs. In Februarythe FY 197/98 Transit Implementation Plan was received from Nelson\Nygaard. P This comprehensive�lan provides the direction needed to modify our current system to a combination fixed roZte/demand response system. In March 1998 staff iequested Council authorization to solicit proposals for transit management services. The Request for Proposals was worded to allow flexibility in system design while providing the cost information needed to finalize the system design. Mr.Paul Jewel,Tr portation Consultant from Nelson/Nygaard Consulting Associates,will present the.proposed new system design which will incorporate both a reduced demand response system and a new fixed route service along the El Camino Real corridor. i ,The fixed route ser4e is designed to operate in a loop from Paloma Creek Park at the south end of Atascadero to Twin Cities Hospital in Templeton on an hourly basis.Bus stop will be established along the route and signs,benches and shelters will be installed. 000111 ITEM NUMBER: C 3 DATE: 05/26/98 One of the goals of implementing a fixed route service is to shift trips from the Dial-A-Ride service.to the less costly fixed route. The consultant estimates that between 30 and 50%of the existing Dial-A-Ride trips can shift to the fixed route. Additionally,in an effort to encourage ridership on the fixed route service and to better balance the fares against the cost of providing service,the consultant recommends that the City establish the following fares.: moms= General Public $1.00 $1.25 $.75 Senior/Disabled .75 1.00 .50 Ages 2 and under Free .50 Free FISCAL IMPACT: While operating costs are anticipated to remain level with the previous fiscal year,start up costs will need to be budgeted. These one time only charges will provide for the following: Signs and Poles 30 @$100.00=$3,000 Benches 15,@$200.00=$3,000 Advertising/Promotion $5,000 $10,000 Staff will be presenting Council with an option to provide management service in-house in the 1998-99 Budget. ALTERNATIVES: Retain Dial-A-Ride Service only, as currently available. This alternative is not recommended, as no improvement to the existing system would be possible within the.funding available. Currently,the transit system has reached the maximum level of service within the budgetary limitations. The combination fixed-route/demand response system is designed to provide more transit trips at a lower cost. RESPONSIBLE DEPARTMENT: Community Services ATTACHMENTS: Fixed Route Map 000112 ■ Las Tablas Rd TWIN CITIES Figure 1-1 COMM.HOSPITAL ' ATASCADERO Dial-A-Ride ® Route 1 -EI Camino Shuttle ® Proposed Stop Location • !_.._.._..___.._�City Limit SAN BENITORD. oa ELEMEN7ARYSCHOO1\, W pe\Rio Rd. ■ affix �. S OAKHILLS CONTINUATION HIGHSCHOOL © Fc oloras `� ■ O c amore q'`..� ® Trans&t CCAT MONMEYRD. Route9fxpress vie ELEmtamRYSCHOOL G ■ ATASCADERO m �o JR.HIGHSCHOOL ATASCADERO HIGH SCHOOL %n1a Lu , sda ■ d�''O'9�o ;�� a qd q,�a PasAve. I � � ���bai��pva •`� 9�d�cdaP�o ANTA ROSA RD.E ELMENTARYSCHOOL • m �i `• .._.._.._..__-.._.._.._.._.._..�` TASCADER0 ■ ArASCADERO [AKE STATE■ dt Mb------ a�Ga SANGABRIfL RD. ■ ® ; ELEMENTARY SCHOOL nne/son117ygaard + U7 I { 000113 ITEM NUMBER: C -4 „ v° on DATE: 05/26/98 1918 9 Y9 9 � CAD�j k City Mana ` er's Agenda Report Wade G. McKinney Information Bulletin A. EMPLOYEE UPDATE Rebecca Maxwell P/Time Cashier Hired 04/16/98 John Barlow Lieutenant Retired 05/01/98 John Couch e Lieutenant Promoted 04/25/98 John Rodgers Sergeant Promoted 05/09/98 Ryan Brink Maintenance Worker Resigned 05/08/98 E E j 0 k f S r kIk k t p i 4 y`t {P{ 4 E f i f 000114