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Ordinance 1994-14ORDINANCE NO. 94 - 14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING SECTIONS 26.4 AND 26.5 -1 OF THE GILROY CITY CODE PROVIDING THAT THE GILROY PARKS AND RECREATION COMMISSION SHALL HAVE FINAL APPROVAL AUTHORITY OVER THE MASTER TREE LIST AND THE MASTER STREET TREE PLANTING PLAN. WHEREAS, Section 26.4 and 26.5 -1 of the Gilroy Municipal Code as presently drafted provide that the Gilroy City Council gives final approval of the Master Tree List and the Master Street Tree Planting Plan upon recommendation from the Parks and Recreation Commission; and WHEREAS, the Council has approved the Master Tree List and the Master Street Tree Planting Plan consistent with the recommendation of the Parks and Recreation Commission for over ten years; and WHEREAS, the Council now wishes to divest itself entirely from the decision - making process regarding the Master Tree List and the Master Street Tree Planting Plan and to vest all final approval powers in the Parks and Recreation Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Section 26.4 of the Gilroy Municipal Code is hereby amended to read as follows: Section 26.4. Master Tree List - Composition by Director;on File with Commission; Revisions. The director is hereby charged with the duty of promptly determining the types and species of trees suitable and desirable for planting and the areas in which and conditions under which such trees shall be planted in or which may overhang the public streets within the city. Such determination shall be made by -1- ORDINANCE NO. 94 - 14 the director, who shall consult with those familiar with the subject of such plantings, such as landscape architects, arborists, nurserymen, and park executives. When such determination has been made, the director shall report his findings in writing to the commission for its review and final approval. When approved by the commission, said report shall be known as the Master Tree List, and shall be placed on file in the office of the commission, and shall thereafter be the official Master Tree List. Revisions or changes in such Master Tree List may be made from time to time by the director in the manner described in this section for the development, approval, and filing of the original Master Tree List. SECTION II Section 26.5 -1 of the Gilroy Municipal Code is hereby amended to read as follows: Section 26.5 -1. Master Street Tree Planting Plan. The director shall develop a tree planting plan whereby specific tree species are designated for specific locations in the city. Such plan shall be submitted to the commission for its review and final approval. When approved by the commission, such plan shall be placed on file in the office of the commission and shall thereafter be the official Master Street Tree Planting Plan. All trees planted thereafter in any public street shall be of the designated species. Additions or changes in such Master Street Tree Planting Plan may be made from time to time by the director in the manner described in this section for the development, approval, and filing of the original Master Street Tree Planting Plan. SECTION III This ordinance shall take effect and be in full force thirty days from and after its adoption and approval. -2- ORDINANCE NO. 94 - 14 - -- - • ' PASSED AND ADOPTED this let day of Aucxust , 1994 by the following vote: AYES: COUNCILMEMBERS: KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ and GAGE. NOES: COUNCILMEMBERS: None ABSENT:COUNCILMEMBER: GILROY ATTEST: City Clerk -3- ORDINANCE NO. 94 - 14 // FA i i l I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 94 -14 is an original ordinance, duly adopted by the Council of the City of Gilroy at 'a regular meeting of said Council held on the lst day of August 19 94, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 2nd day of August 19 94 City Clerk of the City of Gilroy (Seal) P