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EXIiIBIT B Administrative Rule R-7.280 ADMINISTRATIVE ORDER NO. 58-96-23-F of the City Manager of the City of Eugene STREET TREE PROGRAM ADMINISTRATIVE RULE R-7.280 The City Manager of the City of Eugene finds that: A. Section 2.019 of the Eugene Code, 1971, authorizes. the City Manager to adopt rules for implementation of any provisions of that Code. Section 7.280 establishing policies, standazds and procedures for the City's Street Tree Program was added to the Eugene Code, 1971, by Ordinance No. 20056 passed by the' City Council and approved by the Mayor on August 5, 1996. B. In accordance with the procedures set forth therein, on December 5, 1996 the City Manager Pro Tem issued Administrative Order No. 58-96-23 proposing the adoption of the Street Tree Program Administrative Rule R 7.280 as proposed therein, in order to ensure that the City's Street Tree Program is implemented in a manner that is in compliance with the newly adopted provisions of the Eugene Code, 1971. Notice was provided to the Mayor and City Councilors, posted at two locations at City Ball on December 9, 1996, published in the Register Guazd, a newspaper of general circulation within the City for five consecutive days, to-wit, December 9, 10 11.12 13' 1 6 interested ersons at the office of the 99 ,and made available for uispectlon by p City 1Vlanager, 777 Pearl Street, Eugene, Oregon 97401 during normal business hours (8:00 a.m.. " to 5:00 p.m., Monday through Friday, exclusive of holidays). C. The notice provided that interested persons could submit written comments thereon " ~ for a period of thirty (30) days from the first date of publication and posting. Written comments were received from Kathy Bruebaker of the Home Builders Association of Lane County, Future Homes, Wade Fletcher, Benchmazk Northwest, Jim Breeden of Breeden Brothers, and Bart Bazdwell of Benchmark Northwest, to which I make the following findings: Comment 1: We need an exemption for the South Hills where there is no room to plant trees within the right-of-way because existing trees have been preserved and left within that right-of--way. Finding: It is agreed that the ability to obtain an exemption from planting street trees is needed for those -cases where the terrain will not allow proper planting and for cases where existing properly located trees can be preserved within the right-of--way. Rule R-7.280-C has been revised to incorporate such anexemption. - Street 'IYee Plan. Agreement -City Plants Alternate - 6 of 25 ~ "