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HomeMy WebLinkAboutc3treeordinancerevisions FROM: Shelly Stanwyck, Parks and Recreation Director Prepared By: Ashley Villarreal, Administrative Analyst SUBJECT: TREE ORDINANCE (12.24.150) REVISIONS: SLACKLINING WITHIN CITY PARKS RECOMMENDATION As recommended by the Parks and Recreation Commission and Tree Committee, introduce an ordinance amending the Tree Ordinance, San Luis Obispo Municipal Code Section 12.24.150, to allow slacklining throughout City parks. DISCUSSION Background On August 2, 2008, City Council approved a pilot program allowing slacklining (the act of balancing and walking on a semi-loose suspended line) in a designated area of Meadow Park; in turn adopting a resolution to temporarily suspend enforcement of Section 12.24.150 (Protection of Trees) of the Municipal Code when slacklining activity occurs in the specifically designated area. At the June 5, 2013 meeting of the Parks and Recreation Commission (PRC), community member Mr. Tim Ross requested that he be placed on a future agenda to discuss proposed revisions to Ordinance 12.24.150 so that the slacklining user group could engage in the recreational activity within other City park areas. As part of the August 21, 2013 PRC Agenda, Mr. Ross discussed his proposed revisions to Ordinance 12.24.150. Mr. Ross spoke to prior concerns of tree protection, liability and access to resources. Members of the slacklining community were in attendance and discussed the growth of this recreational activity and the desire to expand its use to other City parks and to continue to do so in a way that is not harmful to the City’s urban forest. Since the 2008 inception of the slacklining pilot program at Meadow Park, the City has not received any major concerns or complaints from community members, visitors or slackliners. The users have been able to enjoy this activity in a safe manner consistent with other park uses. The sport continues to grow in popularity and many who participate in it desire more locations to slackline, which may be more accessible and within walking/biking distance to their homes. Ordinance Revisions As a result of Mr. Ross’ presentation, a subcommittee consisting of Parks and Recreation Commissioners, Jeff Whitener, David Hensinger, and Michael Parolini was created to discuss and review the request. From this review, the subcommittee developed proposed ordinance revisions Meeting Date Item Number Feb. 18, 2014 C3 - 1 Tree Ordinance 12.24.150 Revisions (Slacklining) Page 2 which were delivered and approved by the PRC at its October 2, 2013 meeting. The primary ordinance revisions are highlighted below. 1. Slacklining shall be allowed in City parks, but not in City open space areas. Not considered City parks for purposes of this ordinance: (a) Community Gardens (b) Damon-Garcia Sports Fields (c) Historic Jack House and Gardens (d) Laguna Lake Golf Course (e) Mission Plaza (f) All Open Space areas. 2. At all times slacklining shall require specified tree protection and follow specified safety requirements and may not interfere or displace any existing activities. 3. Slacklining shall only occur during daylight hours and ribbons/streamers shall be used for visibility. The proposed ordinance revisions were presented to and recommended for approval by the Tree Committee on December 3, 2013. CONCURRENCES At its October 2, 2013 meeting, the Parks and Recreation Commission recommended that the City Council expand slacklining to specified City parks and approve the proposed revisions to Ordinance 12.24.150 removing slacklining definition in item six and adding section D, one through three defining lines as no greater than 30 feet, designated with ribbons, and occurring only during daylight hours with lines being removed at night. The Tree Committee concurs with the revised ordinance language as proposed by the Parks and Recreation Commission and recommends that Council approve this change. The proposed revisions were also reviewed by the City’s Human Resources Manager, Greg Zocher, for any risk management concerns. At his request, the ordinance revisions were updated to specify that the height of the anchors shall be attached no more than four feet from the ground. FISCAL IMPACT There will be minor fiscal impacts associated with the cost of signage and staff time to monitor the activity. These costs can be absorbed in the existing Parks and Recreation Department Operating Budget. ALTERNATIVES 1. Do not approve expansion of the slacklining program. Maintain slacklining program within designated area of Meadow Park, without expanding to other City parks. This alternative is not recommended because the recreational activity is growing and users are looking for safe and conscious ways to practice slacklining within City limits. C3 - 2 Tree Ordinance 12.24.150 Revisions (Slacklining) Page 3 2. Do not allow slacklining within City parks. Slacklining could be prohibited in all City parks. This alternative is not recommended as the program has been regularly utilized by the community and has occurred without incident since its inception in 2008. ATTACHMENTS 1. Tree Ordinance 12.24.150 Revisions (Slacklining) 2. Draft Tree Ordinance 12.24.150 3. October 2, 2013 Parks and Recreation Commission Minutes 4. December 3, 2013 Tree Committee Minutes t:\council agenda reports\2014\2014-02-18\tree ordinance revisions (stanwyck-villarreal)\car_tree ordinance revisions (slacklining).docx C3 - 3 Attachment 1  Tree Ordinance 12.24.150 Revisions (Slacklining)  12.24.150 Protection of trees. A. No person shall: 1. Trim, prune or cut any tree unless such work conforms to this chapter and is performed in accordance with all International Society of Arboriculture standards. In no case shall more than one-third of the tree canopy be removed. 2. Interfere, or cause any other person to interfere, with employees of the city who are engaged in planting, maintaining, treating or removing any tree or removing any material detrimental to the tree. 3. Willfully injure, disfigure or intentionally destroy by any means any tree, except with permits described elsewhere in this chapter. 4. Construct concrete, asphalt, brick or gravel sidewalk, or otherwise fill up the ground area near any tree, to shut off air, light or water from the roots, except under written authority from the public works department. 5. Place building material, equipment or other harmful substance near any tree, which might cause injury to the tree. 6. Post any sign on any tree, tree-stake or guard, or fasten any guy wire, cable or rope to any tree, tree-stake or guard, except when said activity relates to slacklining (the act of balancing and tight rope style walking on a suspended line) and is conducted in an area designated by city council resolution for slack lining. 7. Plant any street tree except according to policies, regulations and specifications established pursuant to this chapter or any currently applicable ordinances or code sections. B. Tree-stakes or guards may be placed around street trees by property owners for the purpose of protecting or training the trees, with approval of the director. C. It shall be unlawful for a property owner to maintain a tree or shrubbery hazard as described in Section 12.24.100 and identified by city inspection. D. Any tree required to be planted must be maintained in good health or replaced by the property owner. E. Any person or contractor deemed responsible for damaging any tree in violation of this chapter shall be liable for penalties to the city according to Section 12.24.170, Enforcement. F. The city council may designate slack lining areas in city parks. Such an area is designated by city council resolution in Meadow Park. (Ord. 1544 § 1 (part), 2010)Slacklining shall be allowed in City parks but not in City open space areas, as follows C3 - 4 Attachment 1  Tree Ordinance 12.24.150 Revisions (Slacklining)  1. For the purposes of this ordinance the following are not considered City parks and slacklining is therefore prohibited in them: a. Community Gardens b. Damon-Garcia Sports Fields c. Historic Jack House and Gardens d. Laguna Lake Golf Course e. Mission Plaza f. All Open Space areas 2. At all times slacklining shall require the following tree protections: a. Protection shall be placed between slackline and tree of sufficient thickness to protect the tree from wear damage (e.g., carpet, cardboard, towels, felt padding, etc.). b. Protection shall be at least 10 inches wide so the entire anchor (minimum 1 inch of material) is prevented from contacting the tree. c. Protection shall wrap all the way around the tree. d. Protection shall not be attached to the “anchor” (ie knotted portion), so if the anchor were to move, the bark would not be affected. e. All anchors shall be attached no more than 4 feet from the ground. 3. Slack lines shall not: a. Be attached to trees less than 12 inches in diameter at attach point. b. Cross walkways, sidewalks, bike paths, streams, or drainage areas. c. Interfere or displace any existing activities planned for or occurring in parks. d. Be left unattended or remain affixed to any tree overnight. e. Be attached to trees adjacent to group activity areas, picnic areas, and or play equipment. f. Be attached between anything other than trees. 4. Slacklining shall be allowed only during daylight hours and lines shall at all times when affixed to any City tree be designated with ribbons or streamers attached thereto for visibility. C3 - 5 O _____ ORDINANCE NO. _____ (2014 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING SECTION 12.24.150 OF CHAPTER 12.24 OF THE MUNICIPAL CODE TO ALLOW SLACKLINING IN CITY PARKS WHEREAS, the City Council of the City of San Luis Obispo approved a pilot program on August 2, 2008 allowing slacklining in a designated area of Meadow Park by adopting a resolution to temporarily suspend enforcement of Section 12.24.150 of the Municipal Code; and WHEREAS, the Parks and Recreation Commission took public testimony on August 21, 2013, addressing the acceptance of the slacklining program and the desire to expand to designated areas within all City parks; and WHEREAS, the Parks and Recreation Commission created a sub-committee to review modified text of the proposed documents in response to public testimony; and WHEREAS, the Parks and Recreation Commission voted to recommend proposed ordinance revisions allowing slacklining in all City parks, to City Council on February 18, 2013; and WHEREAS, on December 3, 2013, the Tree Committee voted to recommend proposed ordinance revisions allowing slacklining in all City parks, as defined, to City Council on February 18, 2013; and NOW, THEREFORE BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Section 12.24.150 F of Chapter 12.24 of the Municipal Code (Protection of Trees), of the Tree Regulations of the San Luis Obispo Municipal Code is hereby amended to read as follows: 12.24.150 Tree Protection; Slacklining Regulations F. Slacklining shall be allowed in City parks, but not in City open space areas, as follows 1. For the purposes of this ordinance the following are not considered City parks and slacklining is therefore prohibited in them: a. Community Gardens b. Damon-Garcia Sports Fields c. Historic Jack House and Gardens d. Laguna Lake Golf Course e. Mission Plaza f. All Open Space areas 2. At all times slacklining shall require the following tree protections: C3 - 6 Ordinance No. _____ (2014 Series) Page 2 a. Protection shall be placed between slackline and tree of sufficient thickness to protect the tree from wear damage (e.g., carpet, cardboard, towels, felt padding, etc.). b. Protection shall be at least 10 inches wide so the entire anchor (minimum 1 inch of material) is prevented from contacting the tree. c. Protection shall wrap all the way around the tree. d. Protection shall not be attached to the “anchor” (ie knotted portion), so if the anchor were to move, the bark would not be affected. e. All anchors shall be attached no more than 4 feet from the ground. 3. Slack lines shall not: a. Be attached to trees less than 12 inches in diameter at attach point. b. Cross walkways, sidewalks, bike paths, streams, or drainage areas. c. Interfere or displace any existing activities planned for or occurring in parks. d. Be left unattended or remain affixed to any tree overnight. e. Be attached to trees adjacent to group activity areas, picnic areas, and or play equipment. f. Be attached between anything other than trees. 4. Slacklining shall be allowed only during daylight hours and lines shall at all times when affixed to any city tree be designated with ribbons or streamers attached thereto for visibility. SECTION 2. Ordinance number 1544 (2010 Series) is hereby amended and superseded to the extent inconsistent herewith and Resolution number (20xx series) is hereby rescinded and superseded. SECTION 4. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the 21st day of August 2013, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 18th day of February 2014, on the following vote: AYES: NOES: ABSENT: ____________________________________ Mayor Jan Marx ATTEST: ____________________________________ Anthony Mejia C3 - 7 Ordinance No. _____ (2014 Series) Page 3 City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney C3 - 8 1-1 Parks and Recreation Commission MINUTES Parks and Recreation Office 1341 Nipomo Street San Luis Obispo, CA 93401 Wednesday, October 2, 2013, 5:30 p.m. CALL TO ORDER: Chair Davis called the meeting to order at 5:31 p.m. ROLL CALL: Commissioners: Steve Davis, Craig Kincaid, David Hensinger, Jeff Whitener and Michael Parolini ABSENT: Susan Updegrove and Ron Regier COUNCIL: Carlyn Christianson STAFF: Shelly Stanwyck, Bob Hill, and Marti Reynolds Public Comment None. 1. Consideration of Minutes MOTION: (Whitener/Parolini) Approve the September 4, 2013 minutes as submitted. Approved: 5 yes: 0 no: 2 absent (Updegrove, Regier) 2. Proposed Tree Ordinance Revision to Expand Slacklining - Hensinger Commissioner Hensinger presented information to the Committee and invited Tim Ross to speak. Public Comment Tim Ross, San Luis Obispo. Presented proposed modifications to Ordinance 12.24.150 Protection of Trees to include statements regarding safety 1) that slacklining will be outlined with visible ribbons and 2) the activity should only be performed during daylight. Appreciates the Commissions correct portrayal of Slackliner’s intent. Commissioners reviewed changes to the ordinance. Director Stanwyck referenced original modification to allow slacklining and read from A, B and C. Item F was removed. Additional comments presented by Mr. Ross were explained by Director Stanwyck. Commissioner Parolini discussed definition of slack lining in Section 6-6A and asked that it be removed. Additions to include that slack lines shall be no greater than 30 feet in length, occur only during daylight, be designated with ribbons, and removed at night. Director Stanwyck explained the next steps upon passage of recommendation which would include C3 - 9 Parks and Recreation Commission Minutes – October 2, 2013 Page 2 of 4 1-2 Tree Committee review and consideration and then Council. Staff will keep Commissioners and Mr. Ross apprised of dates). MOTION: (Parolini/Whitener) Recommend City Council expand Slacklining to City Parks and approve revisions to Ordinance 12.24.150 removing Slack lining definition in 6 and adding section D) 1 through 3 defining lines as no greater than 30 feet, designated with ribbons, and occurring only during daylight hours with lines be removed at night. Approved: 5 yes: 0 no: 2 absent (Updegrove, Regier) 3. Review and Approve Peak Parking Lease Agreement with SESLOC – Stanwyck Director Stanwyck explained the historical partnership with SESLOC from 2006 and the use of their land for Damon Garcia overflow parking during peak uses. With SESLOC’s construction on the property a change in relationship is needed as there is no longer a temporary parking lot. After extensive conversations with SESLOC representatives, a 10-year agreement is proposed. This would allow for the use of SESLOC’s Broad Street Parking (under defined conditions) for a lease amount over the ten years of a total of $32,000. This amount is recommended to be funded from funds remaining from the previously approved budget for the deconstruction of the temporary parking lot. The SESLOC Board of Directors has reviewed the document and is in agreement as to its content. Director Stanwyck answered Commissioners inquiries about difference in prior costs, staffing costs from Facilities budget and some volunteer time from users (to prevent oversized vehicles, unauthorized parking in retail area and patrol for tournament weekends). Entrance and signage was also discussed as well as safe crossing paths and longer period of time for crossing at the intersection. Commissioners thankfully recognized SESLOC for their cooperation. MOTION: (Kincaid/Whitener) Recommend City Council approve the Proposed Lease Agreement with SESLOC as presented. Approved: 5 yes: 0 no: 2 absent (Updegrove, Regier) 4. Presentation: Reservoir Canyon Conservation Plan - Hill Natural Resources Manager Robert Hill gave a PowerPoint to Commissioners and reviewed the history of the plan that serves to guide management and development of the Reservoir Canyon Site over the next five to seven years. Hill explained small changes to the plan made since the last PRC review including the addition of 89 acres during the end of Neil Havlik’s tenure, integration of the LaLoma Adobe Site and access to the waterfall and parking. Reviewed project analysis as outlined in the staff report. Believes the plan is consistent with the Conservation Guidelines adopted in 2002 and Conservation and Open Space Element updated in 2006 and will direction for habitat protection, recreational use and management activities. Public Comment: Comments provided by Don Dollar, San Luis Obispo, were distributed to Commissioners and included a request to build a cattle enclosure fence to protect riparian habitat, dropping the La Loma Adobe from the Plan due to maintenance concerns or reviewed by the CHC and then submitted as an C3 - 10 Parks and Recreation Commission Minutes – October 2, 2013 Page 3 of 4 1-3 amendment, maximize amount of land in habitat category, include a wildlife report, additional goals including grazing and fire management, a PG&E ROW agreement, signage, loop trail utilization concerns, consider seasonal closures and annexation into city limits as well as a conservation easement. Gary Havas, San Luis Obispo. Mentioned tower foundation and concerns about lack of volunteers for trail construction as our most dedicated volunteers come from CCCMB. Commissioners discussed and noted biological report Mr. Dollar was unaware of, PG&E access for future maintenance, future grant funding possibilities, neighboring ranch land, cost analysis. MOTION: (Kincaid/Hensinger) Recommend City Council adopt the Reservoir Canyon Natural Reserve Conservation Plan as presented. Approved: 5 yes: 0 no: 2 absent (Updegrove, Regier) 5. Director’s Report – Stanwyck Director Stanwyck reported to the Commissioners on the following: October 8 is the Volunteer Appreciation Dinner. Greg Bettencourt will be honored with the Wes Conner Award and Meg and Keith Evans for the Martha Schwartz Award. Cross-Country Dual Meeting today November 16 is Trailworks Day at Irish Hills Public Art posted on CAFÉ site, Twin Towers RFQ Fire Station 1, RFQ Master Plan for Public Art in future Met with Sunset Magazine editor at Froom Ranch, Savor event this weekend Kidz Night Out Friday Munchkin March end of the month Skatepark Marketing Plan underway Measure Y discussions underway Council considered Wingate development. Planning will make some modifications and bring back to PRC for consideration Director Stanwyck explained Public Art policy following Commissioner Parolini’s inquiry regarding use of available local artists. 6. Committee Reports Commissioners provided the following reports:  Tree Committee – Hensinger  Golf - Whitener  Natural Resources – Kincaid  Bicycle Committee – Regier  Jack House Committee – Updegrove  Damon-Garcia Sports Field - Parolini  School District – Parolini  Youth Sports - Davis Commissioner Hensinger reported on the most recent meeting of the Tree Committee which C3 - 11 Parks and Recreation Commission Minutes – October 2, 2013 Page 4 of 4 1-4 included a presentation from California Department of Food and Agriculture on “Save our Citrus” and green wasting disease; cooperation sought for trap monitoring. Commissioner Kincaid had nothing further to report on Open Space. Commissioner Updegrove was not present to report on Jack House Commissioner Parolini reported on the School District and their concerns with increased wear on irrigation systems, pumps, drought conditions, soccer and unauthorized field use. Commissioner Parolini reported on the Damon Garcia sports field concerns with continued dogs off leash and clean up. Commissioner Whitener reported on the status of the Golf Course stating rounds for the month of September were down and revenue for the month was up. Rounds and revenue for the year are up 5 percent. Noted how touching and well-orchestrated the 9-11 ceremony at the course was. First Tee underway. Commissioner Regier was not present to report on the Bicycle Advisory Committee however Gary Havas, attending as a member of the public, was at the meeting and stated discussed moving bikeway south of Octagon Barn, Prefumo Creek, and a successful bike rodeo. 7. Communications Director Stanwyck reminded Commissioners of the Volunteer Banquet on October 8. Commissioner Parolini expressed safety concerns with balls being intentionally batted toward freeway by players at El Chorro Field and the need for more umpire education. Commissioner Hensinger notified the Director on September 26 that he will be resigning from the PRC as of December 15, 2013. 8. Adjourned The meeting adjourned at 7:26 p.m. to the November 6, 2013 regular meeting which will again meet at the Parks and Recreation Offices. Approved by the Parks and Recreation Commission on November 6, 2013. /Sgd/ ________________________________________________ Martha M.S. Reynolds, Supervising Administrative Assistant C3 - 12 1 TREE COMMITTEE MEETING AGENDA TUESDAY, DECEMBER 3, 2013 Corporation Yard Conference Room 25 Prado Road, San Luis Obispo MEMBERS PRESENT: Jane Worthy, Matt Ritter, Trey Duffy, Ben Parker and Scott Loosley STAFF PRESENT: Ron Combs PUBLIC COMMENT David Brody, San Luis Obispo resident, was concerned about the drought conditions pertaining to the urban forest and shared commentary on the excellent Ficus specimens that define the downtown corridor. He was concerned about allowing removals of Ficus trees and urged the Committee to not only consider each removal request on its own merits, but juxtaposed against the broader sense of the tree inventories in the area. MINUTES: Approval of Minutes of October 29, 2013 Mr. Loosley moved to approve the minutes as submitted. Mr. Parker seconded the motion. The motion passed unanimously. TREE REMOVAL APPLICATIONS 1. 671 RANCHO DR. (4 Monterey Pines) The applicant discussed the removal request and the failing health of the trees and reported that they interfered with the power lines. He C3 - 13 2 discussed replacement plantings, including citrus and avocado. He noted that the nearby oaks would thrive with the pines’ removal. Mr. Combs reported that the new growth was weakly attached on these skyline trees, which were only in fair health. He agreed the nearby oaks would thrive if the pines were removed. Mr. Loosley and Mr. Parker favored removals to support the growth of the oaks. Ms. Worthy felt removal would harm the character of the neighborhood and suggested removing the two worst trees. She felt replacements were needed, apart from the oak seedlings being retained. Mr. Duffy felt the trees posed hazards due to topping and regrowth. Mr. Parker moved to approve the removal request of all four trees, requiring two 15-gallon replacement trees to be chosen from the Master Street Tree List and planted within 45 days of issuance of permit, and required that the oak seedlings be retained. The motion passed, with Ms. Worthy voting against. 2. 873 LEFF (2 Liquid ambers) The applicant discussed the removal request and noted that there had been constant, severe plumbing issues and driveway damage due to the roots. She reported she was having the sewer line replaced. Mr. Combs agreed there was some vertical displacement but reported that the trees were healthy and he could not make his necessary findings for removal. Mr. Ritter reiterated that roots don’t damage sewer lines and stated if the pipe is repaired, roots won’t intrude. Mr. Loosley agreed that once the line was replaced, there would be no sewer problems due to roots. He did state that if the sewer line C3 - 14 3 replacement work were going to damage the tree, then he would support removal. Ms. Worthy felt the removal could wait to see if tree was damaged in excavation, before approving removal at this time. Mr. Parker suggested the applicant move forward with the work and if the tree ended up being damaged, the applicant should return with a removal request. Mr. Parker moved to deny the removal request, as he could not make the necessary findings for removal. Mr. Ritter seconded the motion. The motion passed unanimously. 3. 867 LEFF (Redwood) The applicant discussed the removal request and reported the tree had damaged the adjacent property and sewer lines. She stated that the resident at the home was disabled and because of the hardscape damage, the resident couldn’t navigate the property. She outlined the extreme hardship experienced due to damage and liability created by the tree. Mr. Combs noted there were some hardscape displacement issues, but stated the large tree was healthy and he could not make his necessary findings for removal. Serena Ross, 858 Leff, discussed the sewer line issues experienced due to the neighboring tree and favored removal. Shawn Ryan, 1703 Santa Barbara, felt the skyline tree was iconic and reported that it was a habitat for birds. He stated that nine other housemates also supported retaining the tree. Jane Maguire, 1712 Chorro, felt the skyline habitat was important to the neighborhood and favored retaining the tree. C3 - 15 4 Linnea Phillips, 790 Islay, favored retention, as the tree was an asset to the area. She stated that several residents in the neighborhood were prepared to help the property owner mitigate issues in order to save the tree. Emily Robbins, 1703 Santa Barbara, reiterated that several of The Establishment’s residents would help provide free labor. Diane Simpson, 873 Leff, discussed the financial hardship at the property. David Brody noted that the significant tree was a landmark that engendered community spirit. Mr. Loosley stated he could not make any of the necessary findings for removal. Mr. Parker discussed the inherent value of the tree to the property and felt it would be less expensive to mitigate the hardscape damage than to remove the tree. Mr. Ritter agreed that removal would be exceptionally costly and rather hazardous, given the size of the tree. The Committee discussed the hardship to the property owner, but felt that the tree’s removal would harm the character of the neighborhood and environment. Mr. Parker moved to deny the removal request, as he could not make the necessary findings for removal. Mr. Ritter seconded the motion. The motion passed unanimously. Mr. Parker encouraged the property owners to renew the pursuit of designating the tree as a Heritage Tree. Mr. Ritter offered to help the applicant with the application process. C3 - 16 5 4. 634 AL-HIL (13 pines) John Vorhees, applicant’s representative discussed the removal request and reported that the pines are decaying and in poor health. He was concerned about the trees toppling so close to the house and felt that the surrounding healthy trees could become infected. He noted that some of the trees were below the DBH requirement for a permit and stated that approximately 12 smaller live oaks would thrive if the pines were removed. Mr. Combs agreed the trees were in declining health but had been reluctant to approve the removal of a stand of trees without Committee input. Mr. Duffy felt the removal would promote good arboricultural practice. Ms. Worthy favored keeping the trees that were healthy at this point in time. Mr. Parker agreed that the Monterey pines could be removed and felt insect infestation was the reason for decline and that the insects could affect nearby trees. Mr. Loosley felt the Monterey pines could be removed but favored retaining the Canary Island pines. Mr. Parker moved to approve the removal of the Monterey and Aleppo pines only, retaining the Canary Island pines, and did not require any replacement planting. Mr. Ritter seconded the motion. The motion passed unanimously. C3 - 17 6 5. 590 MARSH (Ficus) Craig Smith, applicant’s representative, discussed the removal request and the project development, stating that there would be a significant number of replacement plantings within the area. He felt the replacement plan was a long-term solution. He discussed the use of solar panels and felt the tree would minimize effectiveness at various times of the day. Mr. Combs stated it was a large, healthy street tree that created some minor hardscape issues. He felt the tree could be retained with some cantilever design efforts. Allan Cooper, Save Our Downtown representative, felt the tree was an asset to Marsh St. and should be retained. Mr. Duffy was concerned that the property owner did not sign the application and that the applicant’s representative was not listed on the application. Mr. Ritter was surprised that the Planning Dept. was involving the Tree Committee at this juncture. Richard Tracy, 756 Broad, stated the tree was an asset to the area and should be retained. David Brody felt the tree should be retained. Mr. Duffy moved to continue the item to the January 2014 meeting to allow time to have a completed application on file and the check with the Planning Dept. regarding questions that had been raised. Mr. Ritter seconded the motion. The motion passed unanimously. C3 - 18 7 OLD BUSINESS Request for Use Revision to Ordinance 12.24.150 Shelly Stanwyck, Parks/Rec director, discussed the Parks/Rec Committee consideration of expanding the slack lining usage in the ordinance. Mr. Combs was concerned about some people using “unfriendly” equipment that would cause damage to the cities trees. Tim Ross, resident, felt strongly that the core community of slack line users would take care of trees and he favored fining people who were abusing tree protective measures. Mr. Ritter moved to approve the revised ordinance language as proposed. Mr. Parker seconded the motion. The motion passed unanimously. ARBORIST REPORT Mr. Combs discussed the 1000+ service requests his office had received in addition to the 1000+ predetermined scheduled trees pruned. Barbara Lynch suggested that the Committee hold discussion at a future meeting to explore Committee position on solar use vs. tree issues, as the topic will be more prevalent in the near future as developments incorporate more solar efforts in their design. The meeting adjourned at 6:55 p.m. to next regular meeting scheduled for Monday, January 27, 2014, at 5:00 p.m. Respectfully submitted, Lisa Woske, Recording Secretary C3 - 19 Page intentionally left blank. C3 - 20 !L ac En as comes on oen cE City of'San Elms Obispo ,Y February 13, 2014 TO: Mayor Marx & Members of the City Council RECEIVED FEB 13 2014 AGENDA CORRESPONDENCE Date + 2 1 item# FROM: Shelly Stanwyck, Parks and Recreation Director VIA: Katie Lichtig, City Manager -?.C- SUBJECT- Question in Preparation for February 18, 2014 Council Meeting Consent Item #3 — Tree Ordinance Revisions: Slack lining within City Parks In preparation for this item a Council Member has asked for a list of all City Parks. As Council members may recall from the Agenda Report for this item, the following parks were specifically identified to continue to not allow slack lining: community gardens, Damon Garcia Sports Fields, Historic Jack House and Gardens, Laguna Lake Golf Course, Mission Plaza, all Open Space. Further, since they are facilities (not parks) slack lining would also continue to not be allowed at: City /County Library, Ludwick Community Center, Senior Center, Meadow Park Community Room, and the SLO Swim Center. The City's Parks (not referenced above) where both the Parks and Recreation Commission and Tree Committee have recommended that slack lining be allowed to occur with defined tree protections articulated in the proposed ordinance revisions encompass the following City parks: Community Parks Laguna Lake Park (not the nature preserve) Meadow Park Mitchell Park Santa Rosa Park Sinshiemer Park Neighborhood Parks Anholm Park De Vaul Park Emerson Park French Park Islay Hill Park Johnson Park Laguna Hills Park Throop Park Vista Lago Park Mini Parks Buena Vista Park Cheng Park Ellsford Park Eto Park Las Praderas Park Osos /Triangle Park Priolo -Martin Park Stoneridge Park