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Charter Section 52 (2): <br /> "No street ... may be widened by the City ... if such widening will <br /> result in the removal of any historic street tree unless the widening is <br /> first approved ... by the voters. <br /> But, the removal of the trees is addressed by City Code Chapter 6, Section 305(4): <br /> "No person shall fell a heritage tree from within the public right -of -way except <br /> where such removal, and authorization of its removal is otherwise necessary to <br /> protect the public health, safety or welfare." <br /> And, also by Chapter 6, Section 305(3): <br /> "No person shall remove a street tree without first obtaining a permit from the <br /> City Manager authorizing the removal. Permit removal may be conditioned <br /> upon replacement of the street tree with another tree pre- approved by the City, <br /> or a requirement to pay the City an amount sufficient to fund the planting and <br /> establishment by the City of a tree of similar value. The value of the existing <br /> street tree to be removed shall be calculated using the methods set forth in the <br /> edition then in affect of the Guide for Plant Appraisal published by the <br /> International Society of Arborculture Council of landscape Appraisers." <br /> The Urban Forestry Management Plan Policy #15 states: <br /> " The City will retain heritage trees on street rights -of -way, in parks and on <br /> other City property, except when otherwise necessary for the public health, <br /> safety or welfare." <br /> It should be noted that the Management Plan Policy above only applies to the City but not <br /> private development. Otherwise, the City intends to follow the same process and will perform <br /> similar tree loss mitigation practices as a private developer. <br /> Proposed Tree Mitigation Plan <br /> The right -of -way (ROW) adjacent to the development site will be improved as part of the <br /> project. A basic improvement plan, which includes new sidewalks, lights and trees, has been <br /> approved for funding by Council. A landscape architect has been retained to prepare plans <br /> that include additional street trees around the project. An initial schematic plan indicates that <br /> about 20 to 30 new street trees will be incorporated into the improvement plan. The Urban ; <br /> Forester will review and approve the plan as part of the mitigation of loss effiVt., The <br /> contractor for construction of the parking garage will be directed to take necessary precautions <br /> to protect the black walnut on Lincoln near Broadway. Also, a portion of the project budget <br /> will provide a cash payment for the value of the two removed trees from the right of way. <br /> The value of the two trees in the right -of -way is estimated to be about $35,000. A credit will <br /> be provided for the planting of the new street trees. <br /> Page - 3 - <br />