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EXIIIBIT B <br /> Administrative Rule R -7.280 <br /> ADMINISTRATIVE ORDER NO. 58- 96 -23 -F <br /> of the <br /> • City Manager of the City of Eugene <br /> STREET TREE PROGRAM <br /> ADMINISTRATIVE RULE R -7.280 • <br /> The City Manager of the City of Eugene finds that: <br /> A. Section 2.019 of the Eugene Code, 1971, authorizes the City Manager to adopt <br /> rules for implementation of any provisions of that Code. Section 7.280 establishing policies, <br /> standards and procedures for the City's Street Tree Program was added to the Eugene Code, 1971, <br /> by Ordinance No. 20056 passed by the City Council and approved by the Mayor on August 5, <br /> 1996. <br /> B. In accordance with the procedures set forth therein, on December 5, 1996 the City <br /> Manager Pro Tem issued Administrative Order No. 58 -96-23 proposing the adoption of the Street <br /> Tree Program Administrative Rule R-7.280 as proposed therein, in order to ensure that the City's <br /> Street Tree Program is implemented in a manner that is in compliance with the newly adopted <br /> provisions of the Eugene Code, 1971. Notice was provided to the Mayor and City Councilors, <br /> posted at two locations at City Hall on December 9, 1996, published in the Register Guard, a <br /> newspaper of general circulation within the City for five consecutive days, to-wit, December 9, <br /> 10, 11, 12, 13, 1996, and made available for inspection by interested persons at the office of the <br /> City Manager, 777 Pearl Street, Eugene, Oregon 97401 during normal business hours (8:00 a.m. <br /> to 5:00 p.m., Monday through Friday, exclusive of holidays). <br /> C. The notice provided that interested persons could submit written comments thereon <br /> • for a period of thirty (30) days from the first date of publication and posting. Written comments <br /> were received from Kathy Bruebaker of the Home Builders Association of Lane County, Future <br /> Homes, Wade Fletcher, Benchmark Northwest, Jim Breeden of Breeden Brothers, and Bart <br /> Bardwell of Benchmark Northwest, to which I make the following findings: <br /> Comment 1: We need an exemption for the South Hills where there is no room <br /> to plant trees within the right -of -way because existing trees have been preserved and left <br /> within that right -of -way. <br /> Finding: It is agreed that the ability to obtain an exemption from planting street <br /> trees is needed for those cases where the terrain will not allow proper planting and for <br /> cases where existing properly located trees can be preserved within the right -of -way. Rule <br /> R- 7.280 -C has been revised to incorporate such an exemption. <br /> 99 -0040 5 <br /> Street Tree Plan Agreement - City Plants Alternate - 6 of 25 • <br />