City Council questions purpose of tree ordinance after oak removal
By Mike Chaldu · Thu Jul 16 2026
Council also approves appointment of David Van Son as new fire chief, and discusses police's new drone program
ATASCADERO — The retroactive approval of a tree removal in front of the Atascadero Senior Center became a discussion of the city's long-standing ordinance on its "heritage trees," with multiple councilmembers ultimately questioning whether the ordinance has outlived its usefulness, in a public hearing during the Atascadero City Council meeting on Tuesday, July 14.
The discussion of the tree removal and ordinance, one of two public hearing in the meeting, came about after a Coast Live Oak tree was removed on Friday, June 10, in front of the Atascadero Senior Center on West Mall, across the street from the Sunken Gardens.
According to the staff report, the tree was originally planted in 1915 as part of the historic Atascadero Civic Center, but had been recently subject to a bug infestation. A certified arborist declared the tree dead and hazardous to the public, and the applicants were given permission by staff to begin removal ahead of Tuesday's hearing.
In the update of the Native Tree Ordinance in February 2018, the tree was one of multiple trees around the park declared as a heritage tree due to its significance, the report said. Because of this designation, City Council approval for removal and determination of appropriate mitigation is required, which generally means the tree must be replaced.
Also, the ordinance states that it is the responsibility of the property owner to maintain native trees and, if needed, process removal of the tree, as well as the costs for it. This stipulation brought about immediate concern about the removal, as under questioning from Councilmember Seth Peek, City Manager Jim Lewis disclosed that the nonprofit operating the Senior Center, Senior Citizens United, had to pay $1,787.84 to have an arborist confirm that the tree was dead and for its subsequent removal.
In Public Comment, Carrie Rogers of Senior Citizens United said that kind of expense greatly impacts the Senior Center operations.
"We have over 150 members, and only charge a $20 yearly fee, which goes to providing activities. Only other income is donations and fundraising, don’t make a lot," Rogers said. "Ask to please return fees, we need the money. Don’t charge us for mitigation."
The councilmembers were all in agreement that the money should be eventually returned to the Senior Center, with Mayor Pro Tem Mark Dariz saying "The tree is dead, it has to be removed, and it’s not cheap. It seems like salt in the wound to have to pay to have it removed." Lewis said that staff can begin the process to return the money.
During his comment, Mayor Charles Bourbeau went further, questioning if the tree ordinance was even necessary anymore.
"I don’t understand the purpose of our tree ordinance, I
don’t understand what it is we’re protecting against," he said. "People love to plant trees here. I don't understand what the problem was we were proposing a solution for."
The mayor also referred to the Senior Center's situation: "We have a nonprofit doing great things, and we’re just sucking money out of their wallet."
Councilmember Susan Funk pointed out that there was once a reason for the ordinance.
"We made an ordinance to make sure unscrupulous developers don’t go whacking down the largest, most beautiful trees that are a heritage in community," she said. "However, it shouldn’t be meant for dead trees, and we need to get [the Senior Center] their money back, however it needs to happen."
Ultimately, Bourbeau moved to (1 )approve the staff recommendation to retroactively approve the tree removal, (2) direct staff to bring back a review of the tree ordinance for a future meeting, and (3) work to reimburse the Senior Center nonprofit for the fees it paid. Funk seconded, and the motion passed 5-0.
In other business:
Atascadero Police Chief Dan Suttles gave his Annual Military Equipment Report, in which most of the discussion focused on the Police Department's acquisition of a drone for use in police work.
The chief reported on the department's plans for its Unmanned Aerial System, mainly the acquisition and use of the drone for police work.
"A drone increases officer safety and capabilities, allows to safely obtain information from places where sending a person would be slower, more dangerous, or impossible," Suttles said. Instances of the device's use given by Suttles and councilmembers included searches in difficult terrain of criminal suspects or missing persons, or spotting wildfires.
Suttles said the recommended drone model contained a thermal camera, zoom camera, laser range finder, and obstacle avoidance. He added the device was designed for public safety, and the purchase cost, $60,416, “much more favorable” to the city budget.
Councilmembers expressed their hopes that use of a drone would not infringe on residents' privacy rights. Suttles assured them that the drone would be used for specific purposes, but not for surveillance, random patrol, or weaponization.
The council voted 5-0 to approve, with Funk saying she was looking forward to next year's report to see how the drone program was working.
Earlier in the meeting, as part of the Consent Calendar, the City Council approved the appointment of David J. Van Son as Atascadero's new fire chief.
Van Son joined the Atascadero Department of Fire and Emergency Services in 2021 as battalion chief of community risk reduction. In this role, he has overseen fire prevention, plan review, public education, vegetation management, weed abatement enforcement, and fire and life safety inspections. Before that, he was a member of the Santa Barbara County Hot Shot Crew, joined the United States Air Force as a firefighter/senior airman before being hired as a firefighter with the City of Great Falls, Montana.
Van Son will take the department reins from the retiring Chief Casey Bryson on Sept. 19.
The Atascadero City Council will not have a meeting again in July, and will next meet on Tuesday, Aug. 11.