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more than just a single tree being lost; Bernal alone lost close to twenty trees to provide access to Fromm Business Park and Valley Avenue. In all fairness, the City can't expect developers to value our heritage trees when its own actions have failed to demonstrate any real concern. The ultimate responsibility to preserve these trees rests, not only with the developers, but with the City Council and staff. Mr. Grazaidei stated he had great concern in preserving heritage trees also. He volunteered his time to help in mapping where all heritage trees are located in the City. Councilmember Brandes stated this City Council has been responsive in preserving heritage trees. He stated he asked that this report be brought to Council to try to find a better mechanism to save heritage trees, after it has been determined the trees are worth saving. Mayor Mercer reviewed the heritage tree ordinance and its amendments. He reiterated the Council's concern to save heritage trees. He added that trees that have died are being replaced by the City where it is feasible to do so. Council discussion ensued regarding the monetary amount to be placed on each tree and the length of time to retain monies or bonds posted by a developer. After further discussion, it was moved by Councilmember Wood, and seconded by Councilmember Mohr, that Ordinance No. 1152, to be read by title only and waiving further reading thereof, amending Ordinance No. 841 to require a developer, where deemed necessary by the Director of Public Works, to provide or pay for a report by a recognized tree expert, satisfactory to the Director, giving opinions on the health of existing tpees, effects of proposed development and recommendations for any special precautions necessary for preservation; and establishing a civil penalty in the amount of $5,000 per tree for the significant damage or destruction of any tree required to be preserved, the health of said trees to be monitored for a period of one year after completion of the construction, and the developer shall be required to post a bond satisfactory to the Director in the amount of $5,000 per tree but not to exceed $25,000 required to be preserved, said bond to be retained for one year following completion of construction, be introduced. The roll call vote was as follows: AYES: Councilmembers Brandes, Mohr, Wood, and Mayor Mercer NOES: None ABSENT: Councilmember Butler The City Council suggested that in implementation the above requirements the Director of Public Works select a number of tree experts from which a developer could choose, or for the City to contract with such expert directly and be reimbursed by the developer. Amendment to PUC Application for Valley Avenue Extension to Substitute Grade Separa' tion for At-Grade Proposal ..... Mr. Swift presented the report of the City Attorney (SR 84:405) dated August 8, 1984, regarding this matter. It was moved by Councilmember Mohr, and seconded by Councilmember Wood, that Resolution No. 84-420, authorizing an amendment to PUC application to request a single bridge structure grade separation subject to City and Southern Pacific and Union Pacific signing a memorandum of understanding; and authorizing staff to negotiate a MOU with the railroads incorporating the four elements set forth in Staff Report 84:405, and brin~ said MOU to City Council as soon as possible; and approving the draft contract with DeLeuw Cather and Company, be adopted. The roll call vote was as follows: AYES: Councilmembers Brandes, Mohr, Wood, and Mayor Mercer NOES: None ABSENT: Councilmember Butler 12. 8/14/84