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HomeMy WebLinkAbout1999 November 19, 1999 Board of Supervisors County of Kern, California cleClerk of the Board 111-5 Truxtun Avenue ; Bakersfield, CA 93301 Hor~orable Board of Supervisors: I am writing this letter out of a deep concern about a proposal which, if approved, would escalate conflicts between urban and agricultural development. On December 7, 1999, you will be asked to take several actions designed to result in the approval of the Borba dairy complex in the southwest portion of metropolitan Bakersfield. City Council members and I have received numerous calls from citizens concerned that you might be persuaded to approve such an intensive agriculture operation so close to the city, where odors, flies and other airborne pollutants will drift, and ground water could be threatened. This is not the normal run-of-the-mill farming operation that most of us expect to live with in this agricultural valley. This proposed 28,600-cow dairy complex is a use which your own ordinances rightfully identify as troublesome, even in an agricultural zone. It may or may not be approved depending on whether it is compatible with the area. That is why it is being given such close scrutiny through the conditional use and environmental review process. I am not a professional planner, engineer or lawyer. You will find them lined up with their packages of technical arguments supporting both sides at your December 7 hearing. But as mayor, I feel I must speak up on this issue which so many citizens and City Council members have expressed such grave concerns.about. Bakersfield has been my home since 1947 and I have seen a lot of change and growth over the past five decades. It is apparent from some unfortunate decisions of the past that our earlier City Council and Board of Supervisors members very much underestimated the potential of our community. It would be yet another tragic mistake to invite and encourage dairies to relocate from Southern California to an area in Kern County where they would be doomed to relive the disruption and displacement they have experienced in Los Angeles County and are now facing in San Bernardino County. There once was a thriving dairy industry out in the country now known as Bellflower, Norwalk, Artesia and Cerritos. But it was overrun by urban growth. It relocated to the Chino Valley, where it was reestablished several miles from Chino and Ontario. The herds grew to over 320,000 cows in this new bastion of the dairy industry. But today, the City of Chino lies up against its western flank and Ontario is in the process of annexing 8,000 acres of it. 1501 Truxtun Avenue · Bakersfield, California 93301 · (661) 326-3770 · Fax (661) 326-3779 E-mail address: mayor¢~ci.bakersfleld.ca.us Board of Supervisors November 19, 1999 Page 2 If we are to welcome dairies into Kern County as a significant part of our economy, we must direct them to areas where they can prosper and remain economically viable for the long term. There are over 8,000 square miles in Kern County and even if we were only to consider the valley, there are certainly places much better suited for the dairy industry to locate than near cities. This proposed, very intense, highly concentrated complex of cows has unresolved problems documented in the environmental impact report prepared for it. These environmental impacts ought not to be foisted upon the many nearby homeowners who have invested their lives and savings in their neighborhoods. Nor should the water banks which supply wat~'~"to city and county residents be placed at risk of contamination after years of work and millions of dollars have been spent to secure a safe;, reliable water Supply. On behalf of the many residents of the city and county, and City Council members who have talked to me about their concerns, I ask you not to approve the Borba dairy complex proposed to be built south of Taft Highway, between Buena Vista Road and Interstate 5. Surely there must be better locations than this for dairies. Thank you for your consideration. S!ncer/el~/, j ~o~c~e,~ Mayor City ~ Bakersfield pit Department of Transportation: Disregarding Early Warnings Has Caused Millions of Dollars to Be Spent Correcting Century Freeway Design Flaws August 1999 99113 The first copy of each California State Auditor report is free. Additional copies are $3 each. You can obtain reports by contacting the Bureau of State Audits at the following address: California State Auditor Bureau of State Audits 555 Capitol Mall, Suite 300 Sacramento, California 95814 (916) 445-0255 or TDD (916) 445-0255 x 216 OR This report may also be available on the World Wide Web http://www, bsa.ca.gov/bsa/ Permission is granted to reproduce reports. CALIFORNIA STATE AUDITOR KURT R. SJOBERG MARIANNE P. EVASHENK STATE AUDITOR CHIEF DEPUTY STATE AUDITOR August 25, 1999 99113 The Governor of California President pro Tempore of the Senate Speaker of the Assembly State Capitol Sacramento, Califomia 95814 Dear Governor and Legislative Leaders: As requested by the Joint Legislative Audit Committee, the Bureau of State Audits presents its audit report concerning the Department of Transportation's (CalTrans) management of the circumstances surrounding the damage to the Century Freeway. This report concludes that CalTrans disregarded warning signs of potential groundwater problems during the original design, planning, and construction of the Century Freeway. In its efforts to resolve the resulting problems of cracked pavement and a damaged storm drain system, CalTrans made emergency repairs and is continuing permanent repairs. As of May 1999, total repair costs are estimated at $67 million, which does not include the cost to dispose of the groundwater pumped out from under the freeway. CalTrans is currently reviewing options for the beneficial reuse of this groundwater and these options could add millions of dollars more to the total cost of solving the freeway's problems. Further, CalTrans has taken appropri- ate steps to review and revise its own procedures to avoid similar problems in future highway projects. Respectfully submitted, Auditor BUREAU' OF STATE AUDITS 555 Capitol Mall. Suite 30{). Sacramento, California 95814 Telephone: (916) 445-0255 Fax: {916) 327-0019 CONTENTS Summary IntroduCtion Audit Results 9 CalTrans Has Worked to Correct Design Flaws on tine Century Freeway But Has Not Yet Solved Its Groundwater Disposal Problem Recornrnendations 25 Appendix 27 Responses to the Audit Business, Transportation and Housing Agency 31 Department of Transportation 33 California State Auditor's Comments on the Response From the Department of Transportation 39 SUMMARY RESULTS IN BRIEF After nearly years controversy, injunctions, 30 of court and delays, the California Department of Transportation (CalTrans) opened the Century Freeway in Los Angeles County in October 1993. In March 1995, problems again arose for the freeway when, less than two years after the Audit Highlights ... opening, CalTrans discovered cracking and sunken sections in the shoulder areas of the freeway that it had constructed below Our review of the ground level. Although it originally thought the problems damaged Century Freeway and the Department of involved maintenance issues, by January 1996 CalTrans became Transportation's (CaITranO -aware that matters were'far worse: it had not designed the response found that: lowered section of the freeway to compensate sufficiently for the [] CalTrans did not effects of rising groundwater beneath the pavement. adequately test for groundwater conditions During the planning, design, and construction phases for the and the design lacked Century Freeway, CalTrans disregarded warning signs that could needed elements to counteract the effects of have prevented design flaws in the freeway's 3.5-mile lowered risin9 groundwater, section. Most significantly, CalTrans disregarded the 1968 recommendation of its staff to test extensively the soils and the [] Emergency and permanent repairs will groundwater levels in the area planned for the lowered section, cost $67 million, not even when it designed the modified storm-drain system for the in'cluding the cost to freeway in 1973. Further, in late 1981, CalTrans agreed to extend dispose of the water, the length of the lowered section of the freeway west toward the [] Options under Los Angeles River, and the department apparently designed this consideration for reuse extension without adequate research and consideration, such as of the water could add additional testing of the soil and groundwater conditions in another $50 million in the area. If CalTrans had performed these tests, it could have one-time costs and up . · to $5 million in annual realized the rising groundwater would threaten the freeway as expenses, designed, and it could have taken appropriate steps early in the project. CalTrans has documents from 1987 showing that groundwater levels had risen substantially between 1985 and 1987 in the area planned for the below ground level section of the freeway. However, because this analysis was for determining bridge foundations, it was not sent to the district unit designing the lowered section. During construction of the drain system for the lowered section in July 1990, CalTrans installed four dewatering wells because it was encountering, a lot of water. The ground was so wet that CalTrans halted construction for more than six weeks. Another six years passed before CalTrans realized it had a serious groundwater problem. While CalTrans was struggling to move forward with the Century Freeway project, another agency was taking action that was to have important consequences for the freeway. The free- way crosses over two groundwater basins. By the 1950s, the groundwater of these basins had been overpumped, reducing available groundwater supplies while demand for groundwater was increasing. As part of the effort to restore the health of the groundwater basins, a water replenishment district was estab- lished in 1959 to return water to the basins. By early 1997, the groundwater levels had increased over 30 feet. Although the groundwater replenishment involves all the geological layers, those layers closest to the surface, which are about 25 feet below grade, are the ones affecting the lowered section of the Century Freeway. CalTrans may have pushed ahead without further analyzing groundwater conditions because it was under some pressure to begin construction of the freeway after the 1981 lifting of a court injunction that' had halted progress for many years. To qualify for federal highway funding for this project, CalTrans had to meet certain construction deadlines. In january 1996, once CalTrans acknowledged that the cracking and sinking were more than ongoing maintenance problems, it spent $22 million in emergency repairs and planned to use another $45 million for permanent repairs to the drainage system. CalTrans engaged both in-house engineers and outside consultants from academia and private practice to evaluate the underlying causes of the problems and develop options to resolve them. Although it is working to remedy the situation, CalTrans must still determine what it will do with the groundwater it pumps from beneath the freeway. As of May 1999, CalTrans had paid, under protest, more than $370,000 in taxes to pump out the groundwater. The department is currently diverting the water into the Los Angeles and San Gabriel rivers: thus the water is not available for other uses. CalTrans is, on the other hand, review- ing proposals with two local cities to find beneficial uses for the extracted water so that it does not waste the water or undermine the efforts of the local water replen!shment district. Because CalTrans has not determined the best resolution to the groundwater disposal problem, it has no firm estimates of the costs related to the reuse of the extracted water. However, preliminary estimates suggest that the additional costs could be more than $50 million for initial costs and from $370,000 to $5 million in annual costs. In responding to concerns that CalTrans withheld information about the problems it was experiencing on the Century Freeway, CalTrans acknowledged it could have done more to inform the Legislature. However, CalTrans did include some information related to the Century Freeway problems in its normal commu- nications with local legislators, the public, and the California Transportation Commission. Since the groundwater problems became apparent, CalTrans has reassessed some of its policies and procedures and convened an in-house review of the circumstances leading to the problems at the lowered section of the Century Freeway. The review panel made numerous recommendations for new or revised procedures and most units have responded appropriately. How- ever, CalTrans has not monitored some units, which were slow to implement changes. RECOMMENDATIONS CalTrans should inform the Legislature, through its Senate and Assembly Transportation committees, as well as the California Transportation Commission about the department's progress in determining an environmentally sound and cost-effective method for reusing the groundwater pumped from under the Century Freeway. CalTrans should continue working with the Water Replenish- ment District of Southern California to coordinate actions so that neither agency jeopardizes the other's efforts to fulfill its organizational mission. To ensure that it properly puts into practice the recommenda- tions from special in-house staff reports, CalTrans should ensure that the unit designated to implement these recommendations periodically reports its progress to department management. AGENCY COMMENTS The Business, Transportation and Housing Agency and CalTrans agreed with our recommendations. In addition, the department suggested several wording changes to the draft report. We have accepted some of the department's suggestions in developing our final report. · INTRODUCTION BACKGROUND In October 1993, the California Department of Transporta- tion (CalTrans) opened the Century Freeway (Interstate 105) to the public after nearly 30 years of controversy, court injunctions, and numerous delays. The Century Freeway extends 17 miles across Los Angeles County from the Los Angeles International Airport in the west to the city of Norwalk in the east. As it crosses the county, the freeway changes elevation. Some sections are at ground level, others are elevated, and some are below ground level. A 3.5-mile portion of the Century Freeway built below ground level is the subject of this report. Figure 1 shows that the freeway lies roughly in the area between the Los Angeles and San Gabriel rivers and runs through the cities of South Gate, Downey, Paramount, and Bellflower. FIGURE I Interstate 105 Strip Map CalTrans recommended a route for the Century Freeway in 1968. Also during this year, the federal government added the Century Freeway to the interstate highway system, a decision that meant federal highway money would pay for a portion of the freeway's construction. CalTrans' Los Angeles district office, known as District 7, was responsible for the planning, design, and construction of the freeway. Designing the freeway took from 1968 to 1972. Then, in 1972, a class action lawsuit was filed against CalTrans to block the freeway's construction. Under the preliminary injunction, CalTrans had to satisfy a number of requirements, which included preparing a formal environmental impact statement and conducting public hearings and further studies examining the effects of the proposed freeway on air pollution and housing availability. The timeline in the Appendix shows the lawsuit froze all work on the freeway project until 1979, when a settlement, called a consent decree, was reached. Because of the delays, the revised estimates of construction costs were substantially higher than the costs CalTrans originally estimated. To salvage the project, CalTrans, the federal government, and the parties to the lawsuit agreed to reduce the scope of the freeway project, eliminating 2 traffic lanes, 11 local freeway interchanges, and 500 units of replacement housing. The court approved this agreement by · issuing an amended consent decree in 1981. Before CalTrans could begin construction, it had to revise the freeway's design to reflect the reduced size and other Changes. CalTrans also needed to negotiate new freeway agreements with the local govern- ments, obtain any remaining right-of-way properties, and begin advertising the contracts for construction. By this time, however, CalTrans was facing additional pressure from critical deadlines imposed by federal law that required states to have new interstate routes substantially under construction by September 1986. The law also stated that the federal government would give the last funding authorizations for the final contracts no later than September 1990. Further, the amended consent decree required that before freeway construction could begin, Ca!Trans had to meet certain objectives related to replacing the residences lost to the freeway. While CalTrans was struggling to move forward with the Century Freeway project, another agency, the Water Replenish- . ment District of Southern California, was taking action that was to have important consequences for the freeway. The freeway crosses over two groundwater basins. By the 1950s, the groundwater in these basins had been overpumped, reducing 6 available groundwater supplies while demand for water was increasing. The entities that pumped water from the basins went to court to have the rights to the groundwater apportioned and, thus, limit the withdrawal of water from the basins. As part of the effort to restore the health of the groundwater basins, a water replenishment district was established in 1959 to return water to the basins. By early 1997, the groundwater levels had increased over 30 feet. The groundwater basins consist of several layers of aquifers~ and aquicludes2 that extend to a depth of at least 1,000 feet. Although the groundwater replenishment involves all the geological layers, those layers closest to the surface, which are about 25 feet below grade, are the ones affecting the lowered section of the Century Freeway. Actual construction on the Century Freeway began in 1982, but construction of the drainage system began in 1990 for the lowered section of the freeway. A drainage system is necessary for all freeways, but is even more important when a freeway lies below ground level in an area of high groundwater because the system removes groundwater from the surrounding area so the water does not erode or weaken the roadbed. In 1973, CalTrans modified the design of its standard drain system for this project to add an underdrain to control groundwater. This underdrain consisted of a six-inch perfOrated pipe.wrapped in filter fabric, placed at least six feet below the freeway pavement, and located directly above the storm-drain pipes. The underdrain and storm-drain pipes then channeled the water to one of four pump houses, where the water was pumped up to ground level and discharged into the county storm-drain system. By March 1995, areas of the lowered 3.5 miles of freeway began to crack, and sunken sections of pavement developed. CalTrans originally attributed the road degradation to the major storms of 1995, but by January 1996, CalTrans realized that the problems only began with storm damage--the drainage system under the freeway shoulders had also been damaged. The pressure associ- ated with the significant rise in the groundwater level under the freeway forced the surrounding soil to floTM into the damaged system, which eroded the soil under and around the freeway and caused portions of the freeway shoulder pavement to sink. An aquifer is an underground layer of sand and gravel through which water can easily flow. An aquiclude is an underground layer of clay or silt that can hold water but through which water cannot easily flow. As it became evident that a major prOblem had occurred with the Century Freeway, CalTrans assembled a team of its staff to investigate why the freeway failed. This independent analysis team focused on the department's processes and procedures and made several recommendations for improvements. SCOPE AND METHODOLOGY The Joint Legislative Audit Committee asked the Bureau of State Audits to perform an audit of the circumstances surrounding the damage to the Century Freeway. Specifically, the Legislature was concerned that design errors, and the construction projects intended to correct the structural defects, could lead to even more costly repairs and long-term safety problems. To understand the construction and rehabilitation work that CalTrans performed on the Century Freeway, we reviewed and assessed the available analyses and reports prepared to identify both the causes of the freeway failure and the options available to rehabilitate the freeway. This review, in conjunction with interviews of CalTrans staff, allowed us to assess the methodol- ogy CalTrans used to develop and implement corrective action. We reviewed records at CalTrans and at the California Transpor- tation Commission to determine the total cost of the original construction of the freeway and the cost of emergency and permanent repairs. We also reviewed press releases, newspaper articles, briefing documents, and other records to assess the information that CalTrans had communicated to other agencies and to legislators concerning the extent of the problems it was experiencing on the Century Freeway. Finally, we reviewed the steps CalTrans is taking to determine what to do with the groundwater it is pumping from under the freeway. As part of this work, we reviewed the tests CalTrans is performing on the water to ensure it is clean enough to dis- charge to the Los Angeles and San Gabriel rivers. · AUDIT RESULTS CalTrans Has Worked to Correct Design Flaws on the Centur~ Freewa~ But Has Not Yet Solved Its Groundwater DispoSal Problem SUMMARY Despite recommendations from its professional staff ~to perform extensive testing of the area where it was planning to build a section of the Century Freeway below ground level, the California Department of Transporta- tion (CalTrans) did not perform this testing. As a result, the design of this freeway did not have sufficient engineering elements to counteract the effects of rising groundwater in the area. CalTrans had dealt with the water it encountered during the construction of the freeway, but at that time did not believe the water was an indicator of a serious problem. CalTrans estimates it will spend $67 million to repair and rehabilitate the 3.5-mile lowered section of the Century Freeway caused by groundwater problems. Although still exploring the available options, CalTrans estimates it will need another $50 million in capital costs to pipe groundwater away from the site and treat it so the water can be used for a beneficial purpose. In pumping out the water, CalTrans must also be sure it does not reverse the efforts of the local water replenishment district to restore groundwater to an acceptable level. The demands of the area's rapidly growing population had seriously depleted groundwater stores in the past. An effect of the district's water replenishment project is the rise in groundwater at the Century Freeway site; therefore, these agencies must work together on a permanent plan to avoid undermining each other's efforts. To keep the State and the public informed of the problems it was experiencing with the Century Freeway, CalTrans briefed the California Transportation Commission .(commission) and conducted annual briefings with the legislators whose districts the damaged section of the freeway crosses. It also sent out press releases and responded to requests for information from the general public. In addition to providing updates to the State and the public, CalTrans has taken appropriate steps to review its 9 own procedures to determine how it could improve them. CalTrans commissioned an in-house independent analysis team to recommend improvements. Although the department evaluated how it can avoid similar problems in the future, it should have ensured all of its units promptly complied with the team's proposals. CALTRANS OVERLOOKED WARNING SIGNS THAT MAY HAVE AFFECTED THE DESIGN OF THE CENTURY FREEWAY Although preliminary analyses in 1968 showed groundwater would affect construction, CalTrans disregarded its own professional staff's recommendations to test the soil and groundwater extensively where it planned to build the section Although preliminar~ below ground level. In 1981, 13 years later, CalTrans agreed to analyses showed extend the lowered section, but it did not perform any soil or groundwater would groundwater tests to see if any of the conditions had changed. affect construction, Beyond incorporating a modified drainage system into the CaITrans disregarded design that it believed would address the groundwater condi- staff recommendations tions, CalTrans did not sufficiently take into account the for testing, changing groundwater levels under that freeway section. Another decade passed when, during construction of the drainage system and the pump houses in 1990, CalTrans encountered groundwater that halted construction until crews installed dewatering wells to pump out the groundwater. In one instance, CalTrans encountered saturated ground in July and August, which are typically very dry months in Southern California and during which groundwater levels are usually at their lowest. However, at the time, CalTrans staff thought the wet ground indicated that the drain system was working as intended even though the saturated ground held up construc- tion for over six weeks. CalTrans Did Not Update Its Analyses of Groundwater Conditions Memos sent in 1968 from the materials and drainage units of CalTrans' District 7 informed the District 7 design unit that groundwater could be a problem in the eastern portion of the freeway route, which lies in the groundwater basin known as the Central Basin. At this time, groundwater levels were esti- mated to be 30 feet or more below the expected pavement level of the freeway. However, the drainage unit noted in August 1968 10 that the groundwater in the area had been rising since 1961 due In August 1968, the to three factors. First, a court order assigned water rights to drainage unit noted water users in the groundwater basin. Additionally. Los Angeles' that groundwater County was replenishing groundwater near Whittler Narrows levels in the freeway Dam and the area had also experienced a few wet years. area had been rising for the prior seven years. The drainage unit's memo also recognized that the groundwater could rise to levels near the historic high, so construction of a freeway below ground level would need to rely heavily on deWatering facilities. In September 1968, a memo from the materials unit detailed the results of the preliminary soft and water investigation. The unit concluded that, because of the possibility of rising groundwater in the area, construction of a section below ground level was not feasible along a specific portion of the right of way. The memo .further stated that the soil conditions would allow groundwater to penetrate the aquiclude and seep into any section constructed below ground level if the groundwater levels approached their historic highs. An internal CalTrans memo to the design file in October 1968 summarized the conclusions of a meeting of District ? staff from the materials, drainage, and design units. The group concluded that, even though it did not anticipate any insurmountable problems, CalTrans would need to construct major facilities to control the groundwater. The group also recommended exten- sive testing to determine the extent of groundwater present throughout the area. In response to the group's conclusions, in 1973 CalTrans modified its standard design for freeway drain systems to incorporate for this project an underdrain system to capture water welling up from below the roadway. A June 1973 memo from the materials unit to the project design unit warned that this system would not be completely effective if very high groundwater levels occurred. Nevertheless, in June 1996, the independent analysis team, which CalTrans formed to review the problems it was experiencing with the Century Freeway, concluded that this underdrain system is the only component to control groundwater conditions that CalTrans included in its original freeway design. When it negotiated a new freeway agreement with the City of Paramount in December 1981, CalTrans agreed to extend the lowered section of the freeway westward through the city. Because the final materials report for that section, dated February 1983, does not mention additional groundwater testing but only references the 1968 and 1973 work, we assume that CalTrans did no further testing before designing the extension. This section, which includes the Garfield Avenue pump house, is where CalTrans is currently operating the greatest number of dewatering wells. Groundwater levels in the Central Basin began rising in the Efforts to replenish early 1960s as area users reduced their pumping of groundwater groundwater in the and as artificial replenishment activity continued. This artificial area produced a replenishment adds imported water to man-made ponds, where substantial rise in the it gradually percolates into the aquifers lying beneath. Although groundwater level since groundwater levels will fluctuate because of factors such as the the initial design of amount of pumping from the area or drought conditions, as a the freeway, result of the artificial replenishment, groundwater levels around the Century Freeway site rose about 12 feet between 1968 and 1981. If CalTrans had performed the testing its staff recommended in 1968 and then retested when it designed the extension, CalTrans could have adjusted the final freeway design accordingly. Before constructing the lowered section of the Century Freeway, CalTrans did in fact have some information about the higher groundwater levels from a number of test borings a headquarters unit made to determine foundation levels for bridges and pump houses. The independent analysis team found that the project design staff at District ? received most, but not all, of the test results. However, one memo, a May 1987 report chronicling a 5.2-foot rise in groundwater over the preceding two years, apparently was not sent to the district unit. Evidently, since the district project design unit was unaware of the most recent information, it made no proposals to counteract the changing groundwater conditions. CalTrans Felt a Sense of Urgency to Begin Construction So the Project Would Not Lose Federal Funding In 1979, when the court issued a consent decree, discussed in this report's introduction, that allowed CalTrans to resume design and construction of the Century Freeway, several factors had changed. Because the estimated cost for the freeway had risen from $250 million to between $1.6 billion and $2.2 billion, the viability of the project was now in question. Consequently, the federal government and the parties to the lawsuit agreed to a much smaller project, which the court approved in the amended consent decree issued in 1981. The agreement eliminated from the original design 2 traffic lanes, 11 local freeway interchanges, and 500 units of replacement housing. 12 Because the lawsuit delayed freeway construction for so many years, CalTrans now found itself rushing to meet a federal requirement that new interstate routes be substantially under construction by September 1986. The federal government would also give no funding authorizations after September 1990 for the final contracts. However, before CalTrans could begin actual construction, it needed to revise the design of the freeway to comply-with the amended consent decree, negotiate new freeway agreements with Los Angeles County and the nine corridor cities, obtain any remaining right-of, way properties, and begin advertising bidding for contracts. Further, the amended consent decree also mandated that CalTrans establish a replacement housing program in conjunction with the Department of Housing and Community Development, a project requiring additional time and resources. Several memos and letters indicate that CalTrans had established a project timeline of tasks it needed to complete to meet the federal participation requirements. According to these docu- ments, December 1981 was a critical time, and the documents also convey the sense of urgency staff felt to reach these goals. Further, since many of the local governments had felt the effects of the long-stalled project in their jurisdictions, they were anxious for CalTrans to begin construction. CalTrans Encountered Groundwater During Freeway Construction In 1990 when CalTrans began constructing the drainage system for the Century Freeway's lowered section, crews encountered groundwater. When, in 1996, the independent analysis team reviewed the construction diaries, it had two primary concerns: CalTrans relied heavily on dewatering wells to remove the water during construction, and it probably penetrated the aquiclude In one instance, when building the pump houses, thus providing a conduit for construction crews the rapid upward flow of groundwater. halted freeway work for six weeks because To illustrate how much groundwater that construction crews the ground was too encountered, the June 1996 report by the independent analysis saturated--an unusual team used the example of the Ardis pump house site. When event during the dry digging at the site, CalTrans had to install four dewatering wells summer months, to remove large amounts of groundwater. Although it is not unusual for construction crews to encounter groundwater when excavating, in this case, work was halted between July 6, 1990, and August 21, 1990--more than six weeks--because the ground was too saturated to continue work. This amount of 13 groundwater was an unusual event during what is historically a very dry period in Southern California and a time when ground- water levels are generally at their lowest. The independent analysis report also states that CalTrans' construction diaries recorded that large amounts of sediment and water were flowing into the pump houses. At the time, staff assumed that the large amount of water was evidence that Although staff thought the drainage system was working as designed and that the sediment and water sediment was soil washed from the bare slopes graded during found in pumphouses construction. Maintenance staff also found sediment and water would diminish, these in the pump houses after the freeway was opened to the public later were found to be in October 1993. They, too, believed the sediment was soil indicators of larger eroding from the freeway slopes and would diminish over time problems, as the slopes stabilized. It was not Until the 1996 independent analysis team investigation that the water and sediment were seen as indicators of a larger problem with the underground drainage system. Both State and Federal Oversight Were Present During Original Construction During the original construction of the Century Freeway, both CalTrans and a federal agency performed inspections, to ensure that the project complied with contract and construction stan- dards. Because it provided funding for the freeway, the Federal Highway Administration (FHWA) conducted inspections of work at the construction site. In addition, CalTrans used its normal process for managing and inspecting projects; the department subdivided the large job into smaller projects with specific geographical boundaries. For example, the 3.5-mile lowered section of the Century Freeway between Interstate 710 and Interstate 605 became three projects. CalTrans then assigned each smaller project to an engineer, designated the resident engineer, who was responsible for coordinating and approving all work performed on the project. Some of the resident engineers on these projects were CalTrans employees, while others were contract employees, who were responsible for following all CalTrans policies and procedures in performing resident engineer duties. As part of their duties, resident engineers were on the construction site full-time coordinating the work performed by the various contractors, making decisions about how to proceed when unexpected situations arose, and ensuring that the project was proceeding 14 appropriately. Resident engineers prepared daily construction diaries that recorded events occurring on the project, decisions reached, change orders approved, and other noteworthy items. CalTrans inspections included tests of the materials used on the project, interim inspections of work done by contractors, and final inspections of the work in order to develop a list of items that the contractor needed to correct before CalTrans formally accepted the work. When specified in the contract, either CalTrans or the contractor performed testing of materials used on the project. However, final acceptance of the project's materi- als remained the responsibility of the resident engineer, who monitored the acceptance testing of these materials. The desig- nated resident engineer was responsible for the interim and final inspections. CalTrans formally accepted the three projects located in the lowered section of the freeway. In addition, the FHWA inspectors routinely visited the Century Freeway construction site to inspect the work that had been completed. The FHWA prepared inspection reports covering each visit, which covered the project status, construction details, processes that the inspectors had examined, deficiencies, and follow-up inspections of deficiencies noted in previous reports. Generally, FHWA performed these inspections at the start of the project, at different phases during the construction of the proje.ct, and at the end of the project. For two of the three projects that became the freeway's lowered section, we were able to obtain FHWA's final inSpection reports in which it deemed acceptable the work performed by the contractor. However, as of August 1999, I;HWA has been unable to provide the final inspec- tion for the third project. EVEN THOUGH CALTRANS FOLLOWED A LEGITIMATE PROCESS TO DECIDE HOW TO CORRECT THE PROBLEMS, SIGNIFICANT ISSUES REMAIN In March 1995, CalTrans' maintenance unit discovered an open At f~rst, CalTrans depression on the Bellflower Boulevard on-ramp in the lowered believed that pavement section of the freeway. At that time, the pavement failure along failures were isolated the freeway shoulder and subsidence of the drainage inlets was occurrences due to attributed to recent heavy rains. CalTrans investigated to deter- heavy rains, mine the extent of the damage and to develop an appropriate method of repair by contracting for ground-penetrating radar tests and subsurface video inspections. In addition, five pits were excavated to allow crews to inspect the damage. 15 Soon after the first depression appeared, maintenance crews noticed similar depressions at three other locations on the westbound side of the freeway. However, not until January 1996 did CalTrans realize that its drainage problems and the pavement's cracking were more than isolated occurrences; in addition to the failure of the storm-drain system, high levels of groundwater were present. Because the pipe joints were not designed to withstand the amount of pressure associated with the rising groundwater, the combination of these conditions allowed sandy, silty soil to flow into the system, eroding the soil and developing voids in the ground beneath the pavement. CalTrans began several emergency repairs intended to prevent further damage to the freeway, while District 7 and headquarters units also began designing changes to the freeway drainage system to counteract the effects of the high groundwater present throughout this 3.5-mile section of freeway. CalTrans Investigated Problems and Sought Expert Advice for Possible Solutions In its efforts to identify and address the problems it had encountered on the Century Freeway, CalTrans used the expertise of both in-house staff and outside consultants. In 1996, CalTrans initiated an in-house independent analysis team, which was charged with determining the reasons behind the roadway failure and recommending procedural changes to prevent a recurrence of this type of failure. In addition, it contracted with outside consultants to perform a value analysis study and to identify possible solutions for the freeway problems. This team, consisting of professional engineers from CalTrans used a academia and industry, issued three value analysis reports. combination of CalTrans also had its Engineering Service Center in Sacramento in-house staff and prepare a geotechnical design report to evaluate the most viable outside consultants options to remedy the groundwater problems. to decide on the best way to repair and CalTrans assembled the independent analysis team to evaluate rehabilitate the freeway, the freeway's design and construction. Its report, issued in June 1996, identified the reasons behind the roadway's failure, and was critical in its acknowledgment of failures in the original design, planning, and construction of the freewaY. The team, which consisted of members from a variety of CalTrans units, including project development, maintenance, construction, and roadway geotechnical engineering services, recommended improved procedures to prevent a recurrence of this type of failure. After its review of project documents and its discussions with personnel from headquarters, District 7, and industry, the 16 team identified the .presence of groundwater as the main cause of the roadway's failure. In addition, the team recommended that CalTrans obtain external experts to help identify and analyze the possible solutions. Following the team's recommendations, CalTrans contracted with outside consultants to explore the alternatives for repairing the freeway. This consultant team issued three separate value analysis reports from September 1996 through September 1997. The studies evaluated the short-term corrective measures and discussed the alternatives for a long-term solution. The first report focused on determining the problems in the lowered section of the freeway, and the repairs needed to the storm-drain system. Building on this information, the second value analysis report provided a strategy, for controlling the rising groundwater levels and the final report reviewed the recommendations in CalTrans' geotechnical design report on controlling groundwater and devising a long-term strategy to the storm-drain problem. Caltrans' Engineering Service Center prepared the geotechnical design report in September 1997 to represent its approach to assessing and correcting groundwater problems. Once it received comments from the value analysis team, CalTrans began the permanent repairs in April 1998. CalTrans Audits and Investigations Division Conducted a Limited Review In late 1998, CalTrans directed its Audits and Investigations Division to survey the drainage systeTM repair and replacement Although not project. During the initial work, which took place while contributing to the CalTrans was excavating and replacing the drainage system, the failure of the freeway's auditor found two instances in which improper construction original drainage methods may have been used in the original construction of the system, a CalTrans freeway. In one of the instances, workers had applied concrete auditor found one over sandbags during construction of a drain inlet. The other instance of an improper instance was the possible use of improper joint fasteners on the construction technique, pipes in the drainage system. According to District 7 staff's research of the sandbag issue, the concrete poured over sandbags was not an acceptable construc- tion technique, and, presumably, the concrete was not visible to inspectors during original construction because of the depth of the trench in which the sandbags lay. The sandbags should only have supported the form into which the workers were to pour the concrete. District 7 staff also noted that when repair workers f'uced this portion of the drainage system and excavated this 17 portion of the freeway, the burlap or containers showed signs .of deterioration. However, the chunks of sand under the concrete wall did not exhibit the erosion, dislocation, or dis- placement that they would have shown if the structure had failed. Therefore, District 7 staff concluded that, although this work did not meet CalTrans construction standards, it did not contribute materially to the failure of the drainage system. In investigating the possible use of improper joint fasteners, District 7 staff found that the contractor had used, with the approval of the resident engineer, an accepted alternative technique to connect the pipes. According to evidence provided by District 7, CalTrans staff had inspected the material at the manufacturer and the resident engineer had approved its use on the project. Since the material was inspected and approved in accordance with established procedures, CalTrans concluded that it needed to take no further action. CalTrans Is Spending $67 Million to Correct Design Flaws on the Century Freeway But Will Need Millions More to Solve Its Groundwater Disposal Problem Between March 1995 and December 1997, CalTrans spent $22 million on emergency repairs to keep the Century Freeway open. Although the emergency repairs are now complete, the last of the three phases of the permanent repairs awaits imple- mentation. The first phase involved the installation of 17 pump wells on the north side of the freeway. Each pumping well has a corresponding control well used to monitor groundwater levels Emergency repairs to near the pavement surface, along the shoulders. If the ground- keep the Century water'comes within three feet of the pavement surface, the Freeway open cost pump wells automatically pump water until it drops below the $22 million, three-foot threshold. To date, CalTrans has only had to use five of the' pump wells. The second phase encompassed compaction grouting in the freeway median. Compaction grouting uses a stiff mixture of cement mortar pumped through small holes in the freeway, and this mixture fills the voids in the soil and establishes a stable base below the surface of the freeway and the median. Workers completed additional grouting around the drainpipes to seal the drainage system from further soil and water infiltration. CalTrans completed this phase in December 1998. 18 In the final phase of the permanent repairs, CalTrans will use high-density polyethelene pipe in constructing a new storm-drain system at a higher elevation than the old system. According to CalTrans, this pipe is highly flexible and can be welded, characteristics that eliminate the need for joint seals. The department believes this pipe has an advantage over the old system of corrugated steel and reinforced concrete pipes because Water or soil cannot permeate the joints. The storm drains will be replaced in three phases. Workers will replace the storm drains around the Ardis pump plant first. At the end of May 1999, this work was near completion. The next replace- ment of the storm drains is around the Downey pump plant. Construction was scheduled to begin June 1999. The drains at the last two pump plants, Woodruff and Garfield, will be replaced last. CalTrans has scheduled construction at these plants to begin April 2000. See Figure 1 on page 5 for the locations of the pump plants. We determined that CalTrans has spent $10 million for the Emergeno~ and permanent repairs completed thus far, with another $1.4 million permanent repairs available to spend. In addition, CalTrans recently requested will total $67 million-- that the California Transportation Commission (commission) 15 percent of the approve an allocation of $7.6 million for the second of the original cost to . storm-drain replacement projects. CalTrans estimates it will need construct the $.5-mile another $26 million for the final phase of the storm-drain section, replacement. The cost of repairs has added about $67 million to the $2.4 billion cost to construct the entire freeway. We estimate that CalTrans spent, on average, $137 million per mile to con- struct the Century Freeway; therefore, the 3.5-mile lowered section could have cost roughly $480 million. The costs to repair this lowered section of the Century Freeway are approximately 13 percent of the original Cost of its construction. Since September 1996, CalTrans has requested Emergency Relief funds from the FHWA fo~ repairs on the freeway. In a letter dated June 30, 1999, FHWA denied the request from CalTrans for Emergency Relief funds for the permanent repairs. The agency approved the eligibility of the emergency repairs for funding through Emergency Relief funds. FHWA informed CalTrans that the new storm-drain system could be constructed using conven- tional federal highway funding. As of July 21, 1999, CalTrans had not received funding from FHWA for the emergency repairs. 19 The Problem of Groundwater Disposal Remains Unresolved and Will Add to CalTrans' Costs CalTrans has yet to determine what it will do with the ground- water it pumps from beneath the lowered section of the Century Freeway. CalTrans is currently identifying the specific options available, their feasibility, and the costs associated with each. In order to maintain the integrity of the roadway, CalTrans must CalTran$ i$ currently keep groundwater levels three feet below the pavement. identifying specific CalTrans is using 5 of its 20 dewatering wells to keep the levels options available, their down. The wells pump the water into the Los Angeles County feasibility, and storm-drain system, which flows into the San Gabriel and associated costs of Los Angeles rivers. In developing a permanent diversion system each. for the water, CalTrans must acquire its own or partner with an entity that has water fights, assure the quality of the water, and arrange for proper disposal. In the early 1960s, water rights in the Central Basin were legally assigned to specific entitles to halt excessive pumping. Each pumper received the fights to a certain number of acre-feet of water per year. Currently, the State has fights to 50 acre-feet of water per year but it has assigned none of these rights to CalTrans. Although CalTrans lacks water rights in the Central Basin, it continues to pump the water to stabilize the roadway and ensure public safety. As of May 1, 1999, CalTrans had paid, under protest, more than $370,000 in pump taxes to the Water Replenishment District of Southern California on the 2,428 acre- feet of groundwater it has pumped out from under the freeway. Because CalTrans is pumping water, which eventually discharges into a public waterway, it must have a National Pollutant Discharge Elimination System permit. In September 1996, the Los Angeles Regional Water Quality Control Board issued this permit to CalTrans for the four initial pump test wells. To draw down the groundwater levels, CalTrans turned on 2 of the 4 original wells in October 1997. The board extended the dis- charge permit in December 1997 to include the construction of 17 new wells. Since installation of the wells, CalTrans has used only five wells when water levels exceeded the three-foot buffer zone. According to our review of water quality data and discussion notes provided by CalTrans' Audits and Investigations Division, Tricholroethylene and other pollutants contaminate the water being discharged from some wells. In order to comply with the requirements of its discharge permit, CalTrans began treating 2O this water with temporary filters in February 1999. However, in The significant amount February and March 1999, CalTrans performed no testing of the of water pumped from treated water to determine if the contaminant levels were within beneath the freeway is acceptable levels for disposal. In May, the department installed currently discharged two permanent filters, one on either side of the freeway at the into the county storm- Garfield pump house. During the filter installation, CalTrans drain system and lost. analyzed the water it pumped before and after it was treated. However, water analysis from one of the five wells indicated that the Tricholroethylene levels were still not within acceptable standards even after treatment. Effective May 1999, the treated water is tested at the point of discharge. Even though the water from one of the wells is contaminated, by the time CalTrans discharges it to the county storm-water system, the water has blended with water from uncontaminated wells. It is at this point that CalTrans now tests the water for contaminates. Testing the water quality in this way meets the requirements of the long-term discharge permit issued by the Regional Water Quality Control Board in July 1999. A more difficult problem for CalTrans to resolve is what to do with the groundwater that was part of the basin recharge activity. CalTrans is currently evaluating three options for disposal of this water. One option is to acquire water rights to pump the water. Using figures for the most recent amount of groundwater CalTrans has pumped, we estimate that CalTrans will extract nearly 2,700 acre-feet of water annually. Thus the projected cost to purchase water rights would be $7.2 million, and the annual pump tax would be more than $370,000. This option presumes CalTrans would propose discharging ground- water into the river systems as a long-term solution. However, CalTrans has always proposed the reuse of this water as a long-term solution and has no plans to pursue this option. Another option is for CalTrans to construct a water treatment facility in partnership with the City of Downey. CalTrans is currently working with the City of Downey to prepare a feasibil- ity study for this facility. According to CalTrans, capital costs for building a water treatment facility could be $40 million to $50 million, with operating costs of $5 million annually. Under this option, the City of Downey would use its water rights to extract the groundwater and then pay the pump tax. The third option is for CalTrans to construct a pipeline to carry water from the Century Freeway to Long Beach. Like the City of Downey in the second option, Long Beach would use its water rights and pay the pump tax. CalTrans is in the process of 21 reviewing this proposal, which could require that the quality of the water CalTrans delivers be of the same quality as the water the city currently extracts with its own wells. In addition, Long Beach might require CalTrans to deliver the same amount of water in the summer as in the winter, regardless of the amount needed to keep the groundwater three feet below the freeway pavement. CALTRANS EXERTED SOME EFFORTS TO INFORM THE COMMISSION, LEGISLATORS, AND THE PUBLIC ABOUT CENTURY FREEWAY PROBLEMS To investigate concerns that it had withheld information about its problems with the Century Freeway, we assessed CalTrans' communications with legislators, the public, and the California Transportation Commission (commission) and found that the CaFfrans acknowledges agency covered some information about these problems. that it could have CalTrans, however, has acknowledged that it could have done done more over the more over the past three years to inform the Legislature of past three years to problems on the Century Freeway. inform the Legislature of what was happening, CalTrans informed Los Angeles area legislators about the freeway problems during District 7's annual legislative briefings. Accord- ing to the acting district director, each year District 7 manage- ment meets with area legislators or their staff to discuss projects affecting their districts. Consequently, only those legislators whose districts the freeway runs through would have received a briefing. CalTrans' records show that between May 1995 and May 1999, it held meetings with area legislators; however, these records do not consistently describe what participants specifi- cally discussed at these meetings. In February 1998, CalTrans held at least three meetings with legislators at which the Century Freeway repair project was one of several projects listed on the agenda. In addition, we found that over the past three.years, CalTrans briefed local governments; issued press releases to local news stations, radio stations, and local and major newspapers on traffic lane closures; and responded to written requests for information from the general public. Since the discovery of the first cracking and sunken sections of the freeway, CalTrans has issued 24 press releases notifying the public of the road closures and problems. 22 On the other hand, CalTrans was not always prompt when notifying the commission about emergency allocations of funding to repair the freeway. CalTrans did follow proper protocol when it presented to the commission its requests.for funding allocations for repairs. The department used three CalTrans was not always methods for requesting funds. For the emergency repairs, prompt in notifying the CalTrans used authority delegated to its director by the commis- commission of sion. This authority allows allocations of funds for emergency emergency allocations projects with the understanding that CalTrans will report these to repair the freeway, allocations to the commission at its next meeting. However, CalTrans did not always notify the commission at its next scheduled meeting. Although the commission reprimanded the agency in May 1996, CalTrans continued to be late in notifying the commission about emergency projects. According to CalTrans and the commission, the department's internal process for requesting funds created the time lags. Most recently, the commission instituted a new reporting process to improve the timing of these notifications. In addition, CalTrans must report to the commission's executive secretary any emergency project estimated to cost over $400,000 at the time the director approves the project. In all but one instance, CalTrans properly notified the commission's executive secretary of these emergency projects. The two other methods CalTrans used were the State Highway Operations and Protection Program (SHOPP) and the SHOPP amendment process. The SHOPP is a four-year program of projects/'elated to traffic safety, roadway rehabilitation, roadside rehabilitation, or operations of the State highway system. CalTrans prepared the SHOPP and presented it to the commis- sion for approval. At any time after the commission approves the four-year SHOPP, CalTrans may make necessary amend- merits. CalTrans used the SHOPP and SHOPP amendment processes to request allocations for the permanent repairs of the Century Freeway, and the department presented all amendments to the commission for approval. CalTrans' director appropriately informed the commission of his requests, which included any amendments necessary for requests for emergency repairs. In addition to notifying the commission of the funding requests, CalTrans briefed the commission at least twice about the problems with the Century Freeway. The first briefing took place at the commission's meeting on March 28, 1996. CalTrans explained that it did not know the extent of the problem but that it was encountering a 23 substantial amount of groundwater. Further, CalTrans reported initiating the emergency repairs needed to keep the freeway open until it could find out what was causing the underlying problem. In the second briefing, which took place on May 5, 1999, CalTrans gave the commission a presentation on the Century Freeway groundwater issue, the department's response, and the additional work necessary to correct the problems. CalTrans informed the commission that it was working on the permanent repairs, with two more phases of the storm-drain replacement to complete. CalTrans also briefed the commission about the groundwater disposal dilemma. At the meeting, the commis- sion requested that CalTrans give updates at each of the commission's monthly meetings. Our review of the next meeting on June 6, 1999, indicated that CalTrans complied with the commission's request. THE INDEPENDENT ANALYSIS TEAM PROMPTED CALTRANS TO CHANGE SOME PROCESSES In June 1996, the in-house independent analysis team assembled by CalTrans concluded that inadequate procedures compounded the problems with the lowered section of the Century Freeway. Most importantly, CalTrans had not done extensive groundwa- ter testing. In addition, CalTrans' Highway Design Manual contained inadequate procedures for the use of watertight joints, and its Construction Manual lacked appropriate procedures to follow when workers encounter groundwater during excavation. Based on the investigation, the team made a series of recom- mendations to avoid a recurrence of similar problems on future projects. In August 1996, the independent analysis team developed a Although implementing plan to implement its recommendations, which identified the all recommendations of planned action, the unit responsible for implementing the the independent corrective action, and a target date for completion. As one of the analysis team, changes first steps in responding to the recommendations, CalTrans needed in the revised its Highway Design Manual to include the use of water- construction and tight joints for submersible pipes. In addition, in May 1998, to maintenance manuals improve communication among CaITrans' various units, the were delayed. Project Development Unit in Sacramento began holding training and information seminars on the responsibilities of various units within CalTrans. 24 As of July 1999, CalTrans had implemented all the recommenda- tions made by the independent analysis team. However, either due to low priority or a lack of monitoring, CalTrans construc- tion and maintenance units were neither prompt nor timely in implementing their changes. Specifically, the construction unit did not circulate revisions to 'the Construction Manual regarding groundwater until July 1999, 2.5 years after the targeted completion date for the manual revision. Also, until May 1999, the maintenance unit had not completed a revised policy related to obtaining support from other units even though CalTrans targeted this item for completion two years earlier. A lack of regular status reports by the CalTrans units responsible for implementing new prOcedures compounded the delays in the department's putting the recommendations into practice. By not closely monitoring its progress in complet- ing the recommended changes, CalTrans risks the potential of making similar mistakes on other projects. RECOMMENDATIONS CalTrans should inform the Legislature, through its Senate and Assembly Transportation committees, as well as the California Transportation Commission about the department's progress in determining an environmentally sound and cost-effective method for reusing the groundwater pumped from under the Century Freeway. CalTrans should continue working with the Water Replenish- ment District of Southern California to coordinate actions so that neither agency jeopardizes the other's efforts to fulfill its organizational mission. To ensure that it properly puts into practice the recommenda- tions from special in-house staff reports, CalTrans should ensure that the unit designated to implement these recommendations periodically reports its progress to agency management. We conducted this review under the authority vested in the California State Auditor by Section 8543 et seq. of the California Government Code and according to generally accepted government auditing standards. We limited our review to those areas specified in the audit scope section of this report. state Auditor Date: August 25, 1999 Staff: Steven M. Hendrickson, Audit Principal Nancy C. Woodward, CPA Dawn Tomita Vikram Mandla 26 Events Related to Construction and Repair of the Century Freeway Initial Freeway Proposal Through Freeway Completion Memo concluded that construction Materials unit recommended Headquarters Transportation Excavation halted at the of a lowered section was possible underdrain system to control Lab report revealed higher Ardis pump house because with major drainage systems to groundwater, but warned that groundwater levels than groundwater; four deep control groundwater and the the system would be ineffective earlier tests indicated, dewatering wells installed memo recommended extensive against groundwater at to pump out water. t~st!~g_.__o_f_area g_ rr?_n_d_w_ater, historic high levels. Geotechnical report focused Headquarters Transportation on anticipated effects of Lab reported groundwater earthquake activity on freeway rise of 5.2 feet during site. No additional data on preceding two years. Project added to groundwater provided. ! n_~_e__r_s t a_ t_e_ _s ~/_s_t e_m. I Lawsuit filed to Consent Freeway Initial freeway block construction decree Actual construction of opened P-r°p-°s-ai' I of freeway~t [-- issued, i he freeway be§an., i o public. Oct Feb Jun Apr' Oct May May Jul Oct Aug Sep Jul Sep Feb Sep Aug Public hearings Consent Work resumed held. decree at Ardis Hyd'ra~i~c~p~- Court injunction required amended. Federal law required pump house. warned of possible Environmental Impact new Interstate routes rise in groundwater Study and additional to be substantially to levels near historic high. public hearings, under construction. Caltrans concluded that a lowered Final Materials report did Construction of section of lreeway was not feasible not indicate additional testing drainage system began east of Alameda Avenue for groundwater; design for for the freeway section because of groundwater conditions, containing groundwater unchanged, below ground level. Opening of Freeway Through Completion of Repairs Memo from Caltrans Emergency repair order to maintenance described Second emergency repair order expand scope of work to repair the continued deterioration t_9~r_epla_c_e..p!pe~a_r~cl @avement. ??__a~ge_d__.dr_aina_ge.~stems. of conditions. Pumping at one of the pump houses increased dramatically even though no rainfall had occurred. Sunken sections of pavement developed at Groundwater leakage through Bellflower on-ramp, and pump house wails noted at four this problem lead to Four emergency repair orders ~e~a~ate locations at Ardis site. Pav_e~en_t_[a_.!lure. requested to repair damage, stabilize the base of the freeway, Freeway opened and replace damaged draina e s stems for traffic. CJ .._ Y ....· Oct Jul Dec Mar May Feb May Jan Sep Jan - Mar A )r Oct Mar Jun Northridga earthquake. Heavy periods of rain. Also, Third emergency repair order Three emergency repair 'Inspection of pumps revealed Los Angeles Flood Control to clean drains, conduct orders requested cracks in the pump house closed floodgates, causing video and radar inspection, repair of damage walls at Ardis. storm system to backup, and grouting, on roadway. Number of leaks at Ardis First emergency repmr Two emergency re )air orders increased to eight and sediment order to repair the sunken requested identification and repair was being carried with the seepage, section of pavement, of damaged drainage systems and roadway. Permanent Repairs Compaction grouting CalTrans' Engineering Service of median began. Center issued the final report evaluating alternatives to Purchase and installation of remediate conditions and two permanent filter systems im lement ermanent repairs _a.l_o_n_g the freeway. Cooperative agreemer~t between Independent analysis team Installation of temporary Caltrans and City of Downey prepared published report on causes of Installation of pump filters to treat the for feasibility study on the reuse Century F, reeway failure, wells began, pumped groundwater, of groundwater from the freeway site. / Jun Sep Apr Sep Feb May Jul Aug Sep - Sep A)r Jul Dec Mar · Jun .Apr Peer review team issued Phase 1 of the storm- City of Long Beach submitted Target date for beginning series of three reports evaluating drain replacement began, conceptual proposal regarding Phase 3 of the storm- Caltrans' repair strategies, reuse of the groundwater, drain replacement. indel~n~lent analysis Ini{i~'n~e--fi-~g ~it~-City of Downey CalTrans began pumping Phase 2 of the storm- team developed an to discuss groundwater issues, out groundwater, drain replacement began. implementation plan. 30 Agency's response provided as text only. Business, Transportation and Housing Agency 980 9th Street, Suite 2450 Sacramento, CA 95814-2719 August 18, 1999 Kurt R. Sjoberg, State Auditor Bureau of State Audits 555 Capitol Mall, Suite 300 Sacramento, CA 95814 Dear Mr. Sjoberg: As the Secretary of the Business, Transportation and Housing Agency, I am pleased to receive and respond to your draft audit report entitled 'Department of Transportatibn: Disregarding Early Warnings Has Caused Mi#ions of Do#ars to Be Spent Correcting Century Freeway Design Flaws." While the origin of the Century Freeway issues date back three decades, responsive and prudent action must be taken to address this issue. Attached, please find the Department of Transportation's (Caltrans) response to your draft report. The Caltrans response indicates that they have reviewed the issues raised in the audit report and concur with the report's recommendations.. As you have pointed out in the report, Caltrans has not yet solved the groundwater disposal problem. Because of the differing organizational missions of the local water replenishment agency and Caltrans, options are being considered which meet their needs while ensuring the safety of users of the Century Freeway. The options being considered must also include a comprehensive cost analysis of each approach. The Business, Transportation and Housing Agency will facilitate discussions among the key stakeholders including the Water Replenishment District of Southern California, the California Resources Agency, the State Water Resources Department, and other affected agencies to discuss the issue of beneficial groundwater reuse and disposal and make recommendations to the Governor. 31 Page 2 State Auditor Report No. 99113 I want to thank your audit staff for their professionalism and quality of their work. If you have any questions, please let me know. Sincerely, (Signed by: Maria Contreras-Sweet) MARIA CONTRERAS-SWEET Secretary Attachment 32 Agency's response provided as text only. DEPARTMENT OF TRANSPORTATION OFFICE OF THE DIRECTOR 1120 N STREET P. O. BOX 942873 SACRAMENTO, CA 94273-0001 PHONE (916) 654-5267 FAX (916) 654-6608 August 17, 1999 MARIA CONTRERAS-SWEET, Secretary Business, Transportation and Housing Agency 980 - 9th Street, Suite 2450 Sacramento, CA 95814 Dear Secretary Contreras-Sweet: I am pleased to provide our response to the California State Auditor's report and adopt the following three recommendations: 1. To keep the Legislature and the California Transportation Commission informed of CalTrans' progress in determining an environmentally sound and cost-effective reuse of the groundwater pumped from under the Century Freeway. 2. To continue working with the Water Replenishment District of Southern California to coordinate actions to avoid undermining each other's efforts to fulfill their organizational mission 3. To ensure in-house staff report recommendations are assigned to a responsible unit for implementation and periodically reports the progress to departmental management. To add clarification to the report I suggest the following changes: 1. The title of the audit report should be changed to read: "Unexpected Occurrences Caused Millions of Dollars to be Spent on Corrective Measures to the Century Freeway". I believe this much more accurately characterizes the facts detailed in the report. 2. In the Summary section, page 1, first paragraph, and second sentence change from, "CalTrans discovered pavement cracking and sinkholes" to read, "Caltrans discovered pavement cracking and depressions". *California State Auditor's comments on this response appear on page 39. 33 Secretary Contraeras-Sweet August 17, 1999 Page 2 3. In the Summary section, page 1, first paragraph, last sentence change from, "...it had not designed the lowered section of the freeway to" to read, "...it had not incorporated enough design features in the lower section of the freeway to". 4. In the Summary section, page 1, second paragraph, first sentence change from, "prevented design flaws in the 3.5-mile lowered section" to read, "the problems in the 3.5-mile lowered section". 5. In the Summary section, page 1, second paragraph, second sentence change from, "CalTrans disregarded the 1968 recommendations of its staff" to read, "A CalTrans team evaluated recommendations from one member of its staff and implemented those that were deemed reasonable at the time". 6. In the Summary section, page 1, last paragraph, the last sentence should be deleted. This sentence as worded makes an assumption of the results of testing. The testing would have identified that the groundwater had risen, but it's not reasonable to assume that the rising ground water would have threatened the freeway. Identification of rising groundwater would have triggered more tests. Based on the results of these tests, other steps would have been taken. 7. In the Summary section, page 2, first paragraph, and third sentence change from, "encountering a lot of water" to read "encountering groundwater". 8. In the Summary section, page 2, last paragraph, the third sentence should be changed to read, "While CalTrans continues to adhere to the existing National Pollution Discharge Elimination System Permits (NPDES), by treating groundwater discharged to the Los Angeles and San Gabriel Rivers, it is currently not beneficially~being re-used". 9. In the Summary section, page 2, last paragraph, the fourth sentence should be deleted due to the suggested changes in the third sentence (See suggestion 8 above). 10. In the Summary section, page 3, second paragraph, second sentence change from, "However, some information..." to read "However, information...". 11. In regards to the Introductory - Background section, page 2 and last paragraph, discussing WRD's efforts. I believe WRD's water restoration efforts should also be discussed in the Summary section in the beginning of the report so that all issues are addressed at the start. This would be of great benefit to the reader of the report. 34 Secretary Contraeras-Sweet August 17, 1999 Page 3 12. In the Introductory - Background section, page 3, second paragraph, and second sentence change from, "...a freeway is constructed below ground. level since it also removes groundwater from the' surrounding area so it does not erode or weaken the roadbed" to read, "...a freeway is constructed in an area of high groundwater, since it also will be required to remove groundwater from the surrounding area so it does not erode or weaken the roadbed". 13.1n the Introductory - Background section, page 3, second paragraph I recommend adding the following statement, 'q'o mitigate the effects of a natural groundwater rise, Caltrans installed a 6" perforated pipe subdrain, located above the storm drain pipes to collect and discharge the groundwater." 14. In the Introductory - Background section, page 3, third paragraph, and first sentence change from, "and sinkholes developed" to read "and depressions developed". Sinkholes never developed. At the Paramount on-ramp area, a depression on the pavement developed, not a sinkhole. 15. In the Introductory - Background section, page 3, second paragraph, and third sentence change from, "...to a depth of 30 feet." to read "...to a depth of 30 feet below the freeway surface". 16. In the Summary section, page 1, change from, "CaITrans Has Worked to Correct Design Flaws on the Century Freeway, But Has Not'yet Solved its Groundwater Disposal Problem" to read, "Caltrans Has Worked on Implementing Corrective Measures on the Century Freeway, and is Working to Solve the Groundwater Disposal Problem". 17. In the Summary section, page 1, and end of first paragraph, add the following, "Much of this cost can be eliminated if an agreement can be reached with WRD to maintain the water table elevation at a minimum of three feet below the pavement surface. Maintaining this water level would eliminate the need to pump groundwater". 18. In the Summary section, page 1, second paragraph regarding WRD's water restoration efforts, it should be noted in this paragraph that at the Senate Trar~sportation Agency, WRD testified that the current water table elevation is adequate, and they do not have any plans to continue to cause the groundwater to rise. 19. In the Summary section, page 2, second paragraph, last sentence change from, "Beyond incorporating a modified drainage system into the design, CalTrans did not ..." to read, "Beyond incorporating a modified drainage system, to address the natural groundwater rises, Caltrans did not ..." Secretary Contraeras-Sweet August 17, 1999 Page 4 20. In the Summary section, third paragraph, the third and fourth sentences should be change from "groundwater levels rose substantially between 1968 and 1990. If CalTrans had performed the testing its staff recommended in 1968, and retested when the extension was designed, CalTrans could have adjusted the final freeway design accordingly" to read, "groundwater levels rose substantially between 1968 and 1990; but, there were periods of decline as well. Specifically between the mid-1980's to 1990, there was a significant decline in the level of groundwater. Additional testing may not have provided information indicating a need for design adjustment." It should be noted that WRD indicated that it takes approximately seven years, after water replenishment efforts, before the water reaches the Century Freeway corridor. Therefore, as stated earlier, it is not reasonable to assume that the additional testing would have identified and accounted for the unexpected occurrences encountered.. 21. In the Summary section, page 6, third paragraph, second sentence change from, '~/hen digging at the site, Caltrans had to install four dewatering wells" to read "While it is not uncommon to encounter groundwater during construction when digging at the site, Caltrans had to install four dewatering wells". 22. In the Summary section, page 10, first paragraph, second sentence, it should be stated "September 1997" in lieu of "August 1997". 23.1n the Summary section, page 11, third paragraph, introductory heading change from, "CalTrans is Spending $67 Million to Correct Design Flawsl.." to read "CalTrans is Spending $67 Million to Implement Corrective Measures". 24. In the Summary section, page 13, second paragraph, second sentence change from, "but approved the eligibility of the emergency repairs for funding" to read "but approved the eligibility of the emergency Relief Funds". 25. In the Summary section, page 13, third paragraph, fourth sentence change from, "17 dewatering wells" to read "20 dewatering wells". 26. In the Summary section, page 14, third paragraph, secOnd sentence, "However, from January through March 1999, CalTrans performed no testing of the treated water to determine if the contaminate levels were within acceptable levels of disposal" should be deleted since during that time period, Caltrans did not have all five pumps operating. Only one pump was essentially operating on an emergency basis to protect the 36 Secretary Contraeras-Sweet August 17, 1999 Page 5 pavement at the specific location. Within that time period, Caltrans was working closely with the Regional Water Quality Control Board (RWQCB) to implement a temporary water treatment system in order to turn on five pump wells. Caltrans was able to place a temporary treatment system by March 1999. Caltrans began to monitor the water quality data of the treated water on a monthly basis. 27. In the Summary section, page 15, second paragraph, the fifth and sixth sentences should be deleted and replaced with the following: 'q'his option would presume Caltrans would propose discharging groundwater into the river systems as a long-term solution. Caltrans has always proposed the reuse of this water as a long-term solution and has no plans.to pursue this option". 28.1n the Summary section, page 15, third paragraph, first sentence change from, "Another option is that CalTrans could construct a water treatment facility in the City of Downey." to read, "Another option is that Caltrans could partner with the City of Downey to construct a water treatment facility." 29.1n the Summary section, page 15, last paragraph, I recommend that the following statement be added: "CalTrans is actively working to reach an agreement with WRD to manage the water basin in a manner to' maintain the groundwater level at three feet below the pavement. Assuming such an agreement can be reached, the need to pump and dispose of groundwater would be eliminated." 30. In the Summary section, page 16, third paragraph I recommend that this statement be included: "Specific letters about the groundwater issue were received and CalTrans routinely answered those at the time." If we can provide any further information, or if you have any questions, please do not hesitate to contact me. Sincerely, (Signed by: Jose Medina) JOSE MEDINA Director 37 i Page left blank intentionally. 38 COMMENTS California State Auditor's Comments on tl~e Response From tl~e Department of Transportation To provide clarity and perspective, we are commenting on the Department of Transportation's (CalTrans) response to our audit report. The number corresponds to the number we placed in CalTrans' response. We disagree with CalTrans suggestions to change the title. We believe that the title accurately reflects the findings in our - report. After considering CalTrans' suggestion, we agreed to reword these sentences. As was previously discussed with CalTrans, we made some modifications in the text, which is reflective in the report. After considering CalTrans' suggestion, we believe that clarifica- tion is not necessary. Therefore, no modification was made to the report. During our editing of this report, we deleted the reference "depth of 30 feet." We disagree with CalTrans' suggestion to change the subhead- ing. We believe that the subheading accurately reflects the contents in the report. As stated in our recommendations, CalTrans should continue working with the Water Replenishment District to coordinate actions so that neither agency jeopardizes the others' efforts to fulfill its organizational mission. 39 cc: Members of the Legislature Office of the Lieutenant Governor Attorney General State Controller Legislative Analyst Assembly Office of Research Senate Office of Research Assembly Majority/Minority Consultants Senate Majority/Minority Consultants Capitol Press Corps 4O VISION 2050 50 YEAR STRATEGIC PLAN FOR KERN COMMUNITY FORESTS INDEX # TITLE PAGE 1. EXECUTIVE SUMMARY 2 2. PURPOSE & BACKGROUND 3 3. PARTICIPANTS & CONTRIBUTORS 5 4. MISSION/VISION/VALUES 6 5. RECITALS 7 6. GOALS, OBJECTIVES, STRATEGIES & TACTICS A. Combined Environmental, Economic and Social 8 B. Social 1 I' C. Technical 12 7. IMPLEMENTATION PLAN 15 8. RECOMMENDED TREE ORDINANCES 17 9. DISTRIBUTION PLAN 19 EXHIBITS 1. Tree Species List by Microclimate in Kern County 2. Recommended Tree Planting Procedure 3. City of Davis Parking Lot Shading Guidelines 4. City of Redding Recommendations for New Developments 5. International Society of~boriculture Tree Pruning Guidelines 6. City of Redding: Preserving Trees During Construction 7. Tree Ordinances from a comparable Central Valley city City of Visalia (available upon request) 1. EXECUTIVE SUMMARY This 50 Year Strategic Plan for Kern Community Forests seeks to influence the future direction of our urban forests and ensure that they are healthy and sustainable by design and help make our communities more liveable and closer knit while preserving and protecting our diverse natural assets. A'broad range of people from the County of Kern and the City of Bakersfield came together in 1998-99 and formed Kern Community Forest Council to discuss common areas of interest and expertise relating to utilizing trees for urban commumty enhancement. (See page 5 for a listing of participants and contributors.) Environmental, economic, social and technical values were articulated and common goals were identified. A great spirit of cooperation helped identify common issues and create solutions that bring toge. ther the grass roots movement and City and County agencies and organizations. Together we designed this 50 year strategic plan to provide technical and educational resources to Kern County residents for the purpose of establishing and maintaining healthy, sustainable urban forests throughout Kern County. This blueprint will be used by the participants to direct their programs and budgets. The 50 Year Strategic Plan for Kern Community Forests will also be marketed to elected and appointed officials, decision makers, funders, and other interested parties to help guide their urban forestry decisions. The thrust of the plan is two-fold: o Plant more trees for maximum economic, environmental, social and technical benefits and strive for a 30% overall shade canopy cover in our urban areas by 2050. o Preserve and protect our urban forests through awareness, education, experience, and enforceable tree ordinances. 2. PURPOSE & BACKGROUND KERN COUNTY'S PAST Over 200 years ago when Father Francisco Garces entered the San Joaquin Valley, he found a land somewhat different from today. The land was inhabited by the Yowlumne, a tribe of Yokut nation. Large portions of this part of the Great Valley was covered by a swamp fed by the streams of the Sierra Nevada, the most significant of which was the Kern River. Not confined by flows regulated through man-made structures, the River, flowing through many channels, created this swamp which culminated at Buena Vista and Kem Lakes. As the land was settled, the wetland made it difficult to farm. Over the course of time, Col. Thomas Baker began draining the swamp to make the land more usable for agricultural production. In 1879, the diversion of water from the Kern River to the Calloway Canal resulted in redirection of the natural flow of the River into its current route. Litigation ensued involving Miller, Lux, Haggin, Tevis and Can'. In 1886 the state Supreme Court found that it was not in the best interest of the people to return the Kern River to its natural course. Additionally, the discovery ofoil and development of some of the world's largest oil fields resulted in significant modifications to the natural regime. In just over 100 years, the natural vegetation of the southern San Joaquin Valley had been changed. The wetlands that covered a large part of the Valley were gone. Several species of trees disappeared or were reduced in number and location. Cottonwood forests found in what is now known as Kern Delta dwindled as they were replaced by farmland or stressed by a dropping water table. Still, trees began to flourish along the banks of the new Kern River, a testimony to the abilities of nature to adjust to changes brought on by man. Changes elsewhere in Kern County were less pronounced, though significant, as settlement occurred. Activities in the desert portions of the County resulted in modest yet localized changes in vegetation. Highways and railroads created barriers to wildlife movement and resulted in the sacrifice of thousands of acres of fragile desert. Off-road vehicles and military training also left scars on the land that required substantial time to heal because of climactic conditions. And mining activities caused the stockpiling of tailings and accumulation of hazardous materials used in mineral exploration and recovery. It is significant that the trails created by the famous Twenty Mule Team between Death Valley and the desert in southeast Kern County in the 1800's are still a visible mark on the land. Tracts of pine and fir existed in the mountains of Kern County. Over the last century, significant amounts of timber have been removed from the Greenhorn, Piute, Breckenridge and Pinos areas of the County. But the most noticeable change to the vegetative community occurred with the construction of Isabella Dam and the creation of Lake Isabella over the confluence of the North and South Forks of the Kern River. Lost was a cottonwood and willow forest, the remnants of which constitute the largest contiguous forest of this type in the State of California.. THE PRESENT These changes in our natural environment, and a desire to enhance living conditions in the communities of Kern County, resulted in the creation of the Tree Foundation of Kern in 1993. Since 1994, the Tree Foundation, with the assistance of private organizations and companies, public agencies and individuals, has inspired the planting of over 6,500 trees in more than 250 locations in the County. In its centennial year (1998) the City of Bakersfield, through the efforts of the City, private citizens and the Tree Foundation of Kern, was awarded a TREE CITY USA designation. The City intends to reapply annually, demonstrating it cares about its urban forest and about having a vibrant, liveable urban community. TREE CITY USA requires tree ordinances and a Tree Advisory Board. Two Tree Foundation directors were appointed to the Citizens Advisory Committee and were asked to review and revise tree ordinances. VISION 2050 ad hoc task force was formed in summer of 1998 to develop a long term plan for our urban forest. This plan is the basis for developing and recommending seamless tree ordinances for the City of Bakersfield and the County of Kern. By early 1999, the ad hoc task force grew to include the participants listed on page 5 and became Kern Community Forest Council whose mission it was to provide and coordinate technical and educational resources to Kern County residents for the purpose of establishing and maintaining healthy, sustainable urban forests. The vision was to have healthy, sustainable urban forests in all Kern County communities. THEFUTURE Tree Foundation of Kern activities are consistent with nationwide and worldwide grassroots movements to preserve and protect Planet Earth and get reconnected to nature and each other through awareness, education and the experience of planting trees. As government and funding decrease, there are opportunities to leverage volunteers to beautify their communities with trees, and close the urban forest ownership loop by promoting long term tree care. Selected and planted correctly~ a tree can live 50 or more years and yield over $50,000 in economic and environmental benefits. Over the next 50 years the Tree Foundation of Kern's programs will yield $5 billion in value. These long and sizeable cycles need long term plans. Kern County is on the verge of explosive population growth with a dramatic changes in population mix. In 1998, County population was 640,000. By 2010 the population is projected to be 958,000 and will double to over 1.2 million by 2020. Long term planning can ensure that we have healthy and sustainable urban forests conducive to vibrant, liveable, close-knit communities. 4 3. KERN COMMUNITY FOREST COUNCIL 1998-1999 PARTICIPANTS Dana Adams Executive Director, Tree Foundation of Kern (TFOK) Bob Addison Director, Kern County Parks and Recreation Ken Delfino Tech Advisory Committee Chair, TFOK Mike Doyle Bakersfield Parks & Recreation Jack Hardisty Director, City of Bakersfield Planning Dept. Rick Hewett Vice President, TFOK Suzan Hopper Board of Directors, TFOK Pauline Larwood Board of Directors, TFOK Dave Rickles Kern County Planning Department James Scfivano City of Bakersfield Solid Waste Management Fred Simon Landscape Architect Ruth Simonson Downtown Business Association John Wilbanks Kern County Roads Dept. Facilitator: Linda Romero Urban Forester Califomia Dept. Forestry & Fire Protection CONT~BUTORS Stan Grady City of Bakersfield Planning Dept. Ted James Kern County Planning Dept. 4. MISSION/VISION/VALUES MISSION To provide and coordinate technical and educational resources to Kern County residents for the purpose of establishing and maintaining healthy, sustainable urban forests. VISION To have healthy, sustainable urban forests in all Kem County communities. VALUES & BENEFITS ECONOMIC Increased economic stability - insurance Increased property values - wealth ENVIRONMENTAL Lower temperatures - increased comfort Clean air - better health Green corridors - human & wildlife continuity Open space & green corridors - noise reduction Reduced energy consumption - lower utility bills Significant and distinct ecosystems - biodiversity Watershed management - better water, less erosion Wildlife habitat - equilibrium SOCIAL View preservation - aesthetics and beauty Shaded parking lots, streets, school playgrounds - increased comfort & decreased exposure to sun Bike & pedestrian friendly - user friendly & smart transportation Visual barriers - aesthetics and beauty Cultural & historic significance - pride Community pride - image & reputation Increased awareness & appreciation for community forests - protection & preservation of a public utility TECHNICAL Fire safe - safety pays Species & age diversity - insurance Appropriate species (natives; to human scale) - sensible Trees properly maintained - health, longevity & sustainability 6 5. RECITALS 1. The name of this ad hoc group is Kern Community Forest Council. 2. The goal of Kern Community Forest Council is to develop a 50 Year Strategic Plan for community and urban forests in Kem County. The plan will be in the form of a document available for distribution. 3. It is important that the 50 Year Strategic Plan compliment both the City of Bakersfield and the County of Kern 2010 General Plan relative to landscaping, preservation and open space. 4. Values are compatible with each other, have equal weight and contain no contradictions. 5. The plan will treat all three climate, zones found in Kern County - valley, mountain and desert. 6. The plan will have a phase-in program. The first and main focus will be the City of Bakersfield. The ten remaining cities and other unincorporated areas will be phased in systematically. ADDENDUM At the conclusion of this planning session, the Tree Foundation of Kern was designated the best positioned to market this 50 Year Strategic Plan for Kern Community Forests. 6A. COMBINED ENVIRONMENTAL, ECONOMIC & SOCIAL GOALS & OBJECTIVES GOAL #1 To increase tree canopy cover and have shaded residential streets and common areas, sidewalks, parking lots and pedestrian walkways, parks and playgrounds, for purposes of: ·stabilizing economy and increasing commerce · increasing property values · lowering temperatures and increasing comfort · cleaning air for better health · reducing energy consumption and air pollution · reducing dependance on automobiles · promoting fellowship and socialization · decreasing "heat island" effect · minimizing sun exposure and decreasing incidence of skin cancer · promoting views, aesthetics, beauty and reducing noise pollution OBJECTIVE #1 By 2050, all streets will be lined with high quality, large crowning shade trees, to create feelings of relaxation and well-being and provide privacy and a sense of solitude and security. By 2050, achieve a 50% shade canopy cover for common areas of Metro Bakersfield 2010 (The 50 X 2050 Campaign) and an average of 30% canopy cover overall. 1999 STATUS Since 1982, all new developments are required to install and maintain a minimum amount of landscaping. Average tree canopy cover is estimated to be less than 10%. An inventory of 42 sample blocks in downtown Bakersfield shows that 80% of the trees are less than 15 years old. More accurate estimates require tree inventory and aerial photos. STRATEGY #1 Create a Tree Advisory Board that advises both County and City on community tree related issues and advances this objective. TACTICS o Review and repeal any existing ordinances that impede the planting of street trees and sidewalk strips. · Review and revise tree ordinances governing streets, sidewalks and parking lots to ensure that a 50% shade canopy in common areas by 2050 is achievable. · Identify and promote examples of areas that have targeted shade ratings (ie 50% specifically and 30% overall.) Tree Foundation, autumn 1999 .8 STRATEGY #2 Create a master plan that establishes major target zones and systematically increases canopy cover by planting and caring for large canopy shade trees. Include parks, neighborhoods, streets, public areas, thoroughfares, green waste recycling areas, municipal farms, sewer farms, recreational sites (esp. golf courses), businesses, and residential areas. TACTICS o Create & convene a 50 X 2050 Master Planning Group in autumn, 1999. Draw members from stakeholders in all target zones. · Obtain stakeholder participation in the 50 X 2050 Master Plan. (Example: Kern County Parks Dept. would agree to draft a plan for their parks and golf courses that would achieve the desired canopy cover by 2050. Similarly for other program participants.) · Coordinate with County and City officials to implement ordinances that require 50% tree canopy cover at maturity in common area (parking lots, sidewalks, new developments.) · Forecast demand for trees and ensure that the community can produce sufficient quantities of acceptable quality. · Launch campaign to replant all existing parkways and empty tree wells and make it easy by reviewing and revising requirements for automatic watering systems. Consider alternative watering options (water truck, hand watering, etc.) · Create a Tree Canopy Corps (TCC) to help implement the plan (along the lines of California Conservation Corps and AmeriCorps.) GOAL #2 To utilize treescapes to make commercial areas attractive and profitable for businesses, corporations and tourists. OBJECTIVE #1 By 2050, shopping areas will reduce car dominance and be pedestrian friendly, with parking in 50% shaded parking lots or garages. Shoppers walk to their destination, rather than drive, passing shops not on their agenda. 1999 STATUS All new shopping developments need to comply with City and County specifications (30% shade at 3/4 maturity.) STRATEGY #1 Develop shade awards for compliance. TACTICS o Celebrate shade awards regularly. Next: Tree Foundation Annual Luncheon, October 27, 1999 GOAL #3 Designate and establish 25 major green corridors to provide: · continuity for people and wildlife · wildlife habitat · significant and distinct ecosystem diversity · opportunities for transportation altematives to car OBJECTIVE #1 By 2050, establish 25 major green corridors in Metro 2010 Bakersfield, each with a 50% tree canopy cover. 1999 STATUS The following green corridors exist, none of which has 50% canopy cover yet: · Kern River Parkway, 15 miles now, 42 miles at completion · Chester Avenue, 6 short city blocks STRATEGY #1 Create a new green corridor every two years to comply with the 50 X 2050 Master Plan. TACTICS o Convene a Green Corridor Group by 9/99 to identify current and future corridor sites, emphasizing diversity, cormections, ease of implementation, and tie in to Kern River Parkway. · Enroll the participation of stakeholders in each target zone and obtain their written commitment to implement the plan. · Implement the plan beginning in 2000 with the Panorama Park Project, a 3,100 foot extension of the pedestrian walk way shaded with 200 trees. Make this the Tree Foundation of Kern Arbor Day 2000 event. 10 5B. SOCIAL GOALS, OBJECTIVES, STRATEGIES & TACTICS ' GOAL #1 To develop a significant urban forest that will enhance the image and reputation of Kern County. OBJECTIVE # 1 By 2000, develop programs that will support community pride. 1999 STATUS Jane Gardner does public relations work.for Bakersfield Parks and Rec. STRATEGY#1 Increase community outreach programs. Use aggressive marketing techniques to make nature experiences fun and rewarding. Expand educational opportunities to include careers in nature and with trees. TACTICS o Establish demonstration areas for tree species, irrigation systems, alternative ground covers, mulching, and proper pruning techniques. Include interpretive signs. · Offer, sponsor and/or subsidize classes on urban forestry topics (tree species, irrigation, care, pruning, revegetation, gardening, composting, permaculture.) OBJECTIVE #2 By 2001, develop a public awareness campaign of the urban forest through media, participatory projects and awards. 1999 STATUS TREE CITY USA awarded to Bakersfield in 1998 and 1999. STRATEGY # 1 Convene multi-disciplinary Urban Forest Celebration group. TACTICS o Design Tree Tours to promote recognition of tree species and to identify heritage trees. · Develop quickly accessible infomercials on: What to do for Storm Damage to Trees (winter) How to Plant a Tree (spring) When and How to Prune a Tree (autumn) How to Recognize and Reduce Heat and Water Stress (summer) · Maintain TREE CITY USA award annually. Bakersfield Parks and Rec applies annually. Tree Fnd. organizes Arbor Day event and proclamation. Tree City USA flags fly at Truxtun & Mohawk, Gossford & White Lane. · In 2000, organize an annual Urban Forest Mania event in City or County park and have interactive urban forestry activities at a variety of stations like Removal of Hazardous Trees; How to Plant A Tree; How to Stem Erosion; How To Revegetate an Urban Area. 11 5C. TECHNICAL GOALS, OBJECTIVES, STRATEGIES & TACTICS GOAL #1 To have fire safe treescapes. OBJECTIVE #1 By 2001, establish guidelines for fire safe treescaping. 1999 STATUS Fire safe plans exist for some foothill and mountain communities. These plans have been crafted by these communities at the urging of either the Kern County Fire Department of the U S Forest Service. STRATEGY #1 By 2001, create a fire safe treescape model for the various environs within Kern County. This will include information on the biological characteristics of the species (including flammability), appropriate planting zones and recommendations on fire safe spacing around improvements. TACTICS During 1999, the Technical Advisory Committee will collect available information from the various fire agencies such as the U S Forest Service, Kern County Fire Department (KCFD) and California Department of Forestry and Fire Protection (CDF.) During 1999 -2000, obtain stakeholder participation from the affected communities (through ongoing efforts of KCFD). Assist efforts in communities where interest is weak, encourage and advise communities where progress is underway. Work with the City of Bakersfield as development moves into the eastern foothills. Fire danger in the lower foothills is deceivingly high because the native grass is highly flammable. GOAL #2 To ensure our community and urban forests are healthy and sustainable. OBJECTIVE #1 By 2000, develop and promote a species list of small, medium and large trees for each of the climate zones - valley, mountain and desert. 1999 STATUS Tree lists, by size and micro environment requirements exist for all California. The urban forestry programs at CalPoly SLO and UC Davis are continuously revising information regarding urban trees including growth characteristics, pest problems, infrastructure issues, energy and water requirements and economic information. 12 STRATEGY # 1 Create a printed list (or series of lists) for the various climate and elevation zones in Kern County which includes tree biological characteristics, and other critical information. The lists will be written in plain English and Spanish. This information will be available on the Tree Foundation web site by 2000.. List is completed (see Exhibit l) OBJECTIVE #2 By 2002 assess the age diversity of key target areas in Kern County with the goal of establishing a future replacement and maintenance schedule. 1999 STATUS It appears that municipal agencies do not currently have an inventory or replacement plan for urban trees. In summer, 1999, Bakersfield Parks & Rec inventoried the trees on their properties. STRATEGY#1 The Technical Advisory Committee will identify priority areas fora replacement and maintenance plan. This can only be accomplished with the cooperation of the responsible local agency. (It takes continuous annual funding to maintain and replace aging trees.) TACTICS o During 1999-2000 the TAC will identify the highest priority target areas. o Work with the responsible local agency to obtain a credible inventory of public and private trees within the target zone. o Identify the potential cost of maintenance and replacement for the target areas. (Some guides exist.) o Convince the local agency to adopt the maintenance and replacement plan. Work with the local agency to obtain funding to implement the plan. o Publicize the plan to gain support for funding. GOAL #3 To have a quality tree maintenance plan that insures the health and safety of our urban forest. OBJECTIVE #1 By 2000, establish tree pruning standards. 1999 STATUS Pruning standards do not currently exist. The City of Bakersfield employs a certified Arborist to train pruning crews and oversee maintenance activities. 13 STRATEGY # 1 Obtain pruning information from the International Society of Arboriculture (ISA) and make this information available to public and private organizations involved in tree pruning. (See Exhibit 5) STRATEGY #2 Through education and experience, increase public awareness for routine tree care and proper pruning techniques. TACTICS o In 2000, the Tree Foundation of Kern will launch an educational campaign "Proper Pruning Pays" targeted at tree services. o By 2003 establish a site that demonstrates proper pruning. o During 2001 work with the local county Farm Advisor to establish classes on proper tree pruning. o By 2000, City of Bakersfield and County of Kern both adopt ISA pruning standards and hire only tree services that comply with these standards. o Lobby PG&E to comply with ISA standards. OBJECTIVE #2 By 2000, publicize the value of certified arborists caring for trees. 1999 STATUS Pruning information does not currently exist for the general public. STRATEGY # 1 Through education and publicity, increase public awareness for routine tree care and proper pruning techniques. TACTICS o In 2000, the Tree Foundation of Kern will recommend in print and on the web site that the general public use certified arborists for tree care or tree services that follow ISA pruning guidelines. o During winter 2000, Tree Foundation will organize a tree pruning workshop targeted at tree services. 14 7. IMPLEMENTATION PLAN The Implementation Plan's first priority is Metro 2010 Bakersfield, followed by ten other cities in Kern County, and finally by unincorporated areas. Once initial material is developed, there is likely to be applications county wide. IMMEDIATE 1. Create a Tree Advisory Board that is a model of cooperation and advises both the City'of Bakersfield and the County of Kern on tree related issues, annually reviews and recommends revisions to tree ordinances and tree care and planting contract specifications to ensure compliance with this long term strategic plan for Kern community forests. 2. City of Bakersfield Parks and Recreation Dept. to reapply for Tree City USA award in autumn for 1999. Tree Foundation of Kern to organize Arbor Day proclamation for Panorama Park Project in April, 2000. SHORT TERM (autumn 1999 thru 2000) 1. Create and convene a 50 X 2050 Master Planning subcommittee to target areas for achieving 50% canopy cover. 2. Establish target shade ratings and awards program for compliance. Tree Foundation - Autumn 1999 3. Establish Green Corridor subcommittee to identify existing and targeted green corridors. 4. Organize annually Urban Forest Celebration to promote awareness and pride in our urban forests. All. 5. Collect, produce and disseminate list of recommended tree species list for small, medium and large trees in all three climate zones. Tree Foundation Technical Advisory Comm. 6. Launch Proper Pruning Pays public awareness campaign and encourage people and city and county to use only certified arborists and tree services that use ISA tree pruning standards. Tree Foundation - Autumn 1999 15 INTERMEDIATE TERM (2000 TO 2001) 1. Collect and disseminate fire safe information and obtain shareholder participation in establishing guidelines for fire safe communities, especially in the newly developing northeast. Tree Foundation - Technical Advisory Committee 2. Promote classes in urban forestry related topics. 3. Prioritize targets to establish basis for age diversification and replacement maintenance schedules and budgets. Hire staffurban forester for City of Bakersfield. LONG TERM (2001 and beyond) 1. Establish and empower a Tree Canopy Corps to help implement the 50 X 2050 plan. 2. Establish a demonstration site for tree species, irrigation, planting procedures, ground cover alternatives, tree pruning techniques, etc. at Metropolitan Recreation Complex, or Kem County Museum. 16 8. RECOMMENDED TREE ORDINANCES Seamless tree ordinances between the City of Bakersfield and the County of Kern are hereby proposed to support the following two goals: o To have healthy, sustainable urban forests in all of Kern County conducive to vibrant, liveable, close-knit communities. o To increase shade canopy to 50% in common areas* by 2050, and to 30% overall. * Common areas include streets, sidewalks, pedestrian walkways, parks, play grounds, and parking lots. Ordinances address tree planting, siting and species selection as well as tree maintenance and preservation for both street trees and trees in new residential and non-residential developments. TREE PLANTING ORDINANCES Exhibit 1 Recommended and not recommended fire safe species list, small, medium and large trees for valley floor, high desert and mountain climate zones. Exhibit 2 Recommended planting procedure, including irrigation and ground cover options. Minimum spacing guidelines: Small trees (15 to 30 ft) Need 9 sq ft or more open space at base. Medium trees (30 to 50 ft) Need 16 sq ft open space at base. Large trees (50 fi +) Need 25 sq ft open space at base. Do not plant trees within 35 ft of street intersection, 20 fi within alley comer, or 10 ft of fire plug/hydrant. Exhibit 3&4 Recommended shade ratings & guidelines. Strive for 50% shade canopy at 15 years. See Exhibit 3 for City of Davis' recommendations for parking lots. Peripheral plantings will contain the heat island effect. Together with median plantings, strive for one tree per four cars. See Exhibit 4 for City of Redding's recommendations for new developments. One or more 15-gal tree per 500 sq ft of residential living space. One or more 15-gal tree per 1,000 sq ft of office/retail/commercial space. One or more 15-gal tree per 2,000 sq ft of covered industrial space. 17 o To ensure fire safety in foothills, approved planting plans for residential and non- residential developments require authorization by licensed landscape architect or certified arborist. TREE MAINTENANCE ORDINANCES Exhibit $ Follow IAS (International Society of Arboriculture) proposed pruning guidelines. o Tree topping is prohibited because it ruins the health and shape of trees forever. o Make all cuts at the branch collar to ensure proper healing of thc wound. o Prune less than 30% of canopy every 3 years on younger trees and less than 20% on older trees to ensure sufficient leaves remain for tree survival. TREE PRESERVATION/PROTECTION ORDINANCES o Define and identify heritage, protected, champion, and registered trees. o Develop tree removal guidelines. Limit authorization to remove to property owner. Exhibit 6 See City of Redding policy re: tree protection during construction. o Vandalism ORDINANCE ENFORCEMENT o $1,000 fine per incident (per tree) or assessed value of tree, whichever is greater. SAMPLE ORDINANCES FROM COMPARABLE CITY Exhibit 7 City of Visalia (available on request from the Tree Foundation of Kern) 18 9. DISTRIBUTION PLAN Through the end of 1999, this document will be marketed to elected and appointed officials, community leaders and funders to build support for our long term vision of community forests in Kern County. Annual meetings will be held with all authors of this strategic plan and other interested parties to evaluate performance to plan and make revisions and adjustments as necessary. 19 TREES FOR KERN COUNTY, CALIFORNIA BOTANIC NAME COMMON NAME TYPE* SIZE DROUGHT CLIMATE TOLERAN'I ZONES AB[ES CONCOLOR WI-lITE FIR C 50~- - 1-7 ~CACIA BAILEYANA BAILEY ACACIA E 15'-30' X I-3 ACACIA DECURRENS GREEN WATI'LE E 30'-50' . X 1,2 kCER MAC ROPHYLUM BIGLEAF MAPLE D 30'-50'+ 1-4,8 ACER NEGUNDO BOXELDER D 50'+ 1-7 aCER SACCHARINUM SILVER MAPLE D 50'+ 1-7 a, LBIZIA IULIBRISSIN SILK TREE D 30'-50' X 1-5,7,8 ALNUS RHOMBIFOLIA WHITE ALDER D 50'+ I-7 ~,LNUS RUBRA RED ALDER D 30'-50'+ 4 ML~UCARIA BIDWILLII BUNYA-BUNYA C 50% - 1-3 ARBUTUS UNEDO STRAWBERRY TREE E 15'-30' X 14,8 BETULA NIGRA RIVER BIRCH D 50'+ - 1-8 BETULA PAPYRIMERA PAPER BIRCH D 30'-50' - 4-7 BETLrLA VERRUCOSA EUROPEAN WHITE BIRCH D 30'-50' - 1-8 BETULA VERRUCOSA DALECARLICA CUTLEAF WEEPING BIRCH D 30'-50' - 1-8 BRACHICHIrON POPULNEUS IURRAJONG BOTTLE TREE D 50'+ X' 1,2 CALOCEDRUS DECURRENS INCENSE CEDAR C 50'+ X 1-5,7,8 CARPINUS BETULUS EUROPEAN HORNBEAM D 15'-50' 1-5,7 CARYA PECAN PECAN D 50'+ 1-3 CASUARINA STRICTA MOUNTAIN SHE-OAK E 15'-30' X 1-3 CATALPA BIGNONIODES COMMON CATALPA D 15'-50' 1-8 CEDRUS ATIakNTICA ATLAS CEDAR C 50'+ X 14,8 CEDRUS DEODAR CEODAR CEDAR C 50'+ X 14,8 CELTIS OCCIDENTALIS COMMON HACKBERRY D 30'-50' - 1-8 CERATONIA SILIQUA CAROB E 15'-50' X 1,2 CERCIDIUM FLORIDUM BLUE PALO VERDE D 15'-30' X 8 CERCIS CANADENSIS EASTERN REDBUD D 15'-30' 1-3;5-7 CERCIS OCClDENTALIS COMMON REDBUD D 15'-30' X 1-5,7 CHAMAECYPARIS LAWSONIANA PORT ORFORD CEDAR C 50'+ 14 CHILOPSIS LINEARIS DESERT WILLOW D 15'-30' X 1,2,8 CHITALPA TASHKENTENSIS CHIT~A D 15'-30' X ClNNAMOMUM CAMPHORA CAMPHOR TREE E 30'-50' X 1,2 CLADRASTIS LU'rEA YELLOW WOOD D 30'-50' - 1-7 CRATAEGUS OXYACANTHA ENGLISH HAWTHORN D 15'-30' - 1-8 CUPRESSOCYPARIS LEYLANDII LEYLAND CYPRESS C 30'-50'+ - 1-8 CUPRESSUS FORBESII TECATE CYPRESS C 15'-30' X 1,2,8 CUPRESSUS GLABRA MqJZONIA CYPRESS C 30'-50' X 1,2,8 CUPRESSUS SEMPERVIRENS iTALIAN CYPRESS C 50'+ X 1-4,8 DAVIDIA INVOLUCRATA DOVE TREE D 15'-30' 14 DIOSPYROS KAKI PERSIMMON D 15'-30' 14 ERIOBOTRIA JAPONICA LOQUAT E 15'-30' X 14,8 EUCALYPTUS GLOBULUS BLUE GUM E 50'+ X 1,2,8 EUCALYPTUS LEUCOXYLON WHIYE IRON'BARK E 15'-50'+ X 1,2,8 EUCALYI:ff'US NICHOLII PEPPERMINT GUM E 30'-50' 1,2,8 EUCALYPTUS POLYANTHEMUS SILVER DOLLAR GUM E 15'-50' X 1,2,8 EUCALYPTUS ROBUSTA SWAMP MAHOGANY E 50'+ - 1,2,8 EUCALYPTUS RUDIS DESERT GUM E 30'-50'+ X 1,2,8 EUCALYPTUS SIDEROXYLON RED IRON-BARK E 15'-50'+ X 1,2 EUCALYPTUS VIMINAI.IR MANNA GUM E 50'+ X 1,2,8 FAGUS SYLVATICA EUROPEAN BEECH D 50'+ X I-7 FICUS CARICA EDIBLE FIG D 15'-30' X 14 FRAXINUS LATIFOLIA OREGON ASH D 30'-50'+ 14,8 FRAXINUS UHDEI SI-IAM~.L ASH E 50'+ - 1,2 FRAXINUS VELUTINA ARIZONA ASH D 30'-50'+ X 1,2,8 FRAXINUS VELUTINA MODESTO MODESTO ASH D 30'-50' X 1-4,7,8 GINGKO BILOBA MAIDENHAIR TREE D 30'-50' 1-7 GLEDITSIA TR.[DC~S HONEY LOCUST D 30'-50'+ X 1-8 GREVILLEA ROBUSTA SILK TREE E 50'+ X 1 ILEX AQUIFOLIUM ENGLISH HOLLY E 15'-50' - 1-4 JACARANDA ACUTIFOLIA JACARANDA D 15'.50' X 2 JUGLANS CALIFORNICA CALIF. WALNUT D 50'+ X I-7 $UGLANS REGIA ENGLISH WALNUT D 50'+ - 1-4 IUNIPERUS CALIFORNICA CALIFORNIA JUNIPER C 30'-50' X 1-8 JUNIPERUS CHINENSIS CHINESE JUNIPER C 15'-30' X 1-8 JUNIPERUS VIRGINIANA RED CEDAR JUNKER C 30'-50' X 1-8 KOELREUTERIA BIPINNATA CHINESE FIaMME TREE D 15'-50' - KOELREUTERIA PAlxrICUI~TA GOLDEN RAIN TREE D 15'-50' - 1-5,7,8 LABURNUM ANAGYROIDES COMMON GOLDENCHAIN D 15'-30' - 1-7 LAGERSTROIMIA INDICA ,CREPE MYRTLE D 15'-30' X 1-4,8 LAURUS NOBILIS SWEET BAY E 15'-50' X 1-3 LIQUIDAMBAR STYRICIFLUA AMERICAN SWEETGUM D 50'+ 1-7 LIRIODENDRON TUPLIPIFERA TULIP TREE D 50'+ 1-7 LITHOCARPUS DENSI~OLIA TANBARK OAK E 50'+ X 3,4 MAGNOLIA GRANDnZLORA SOUTHERN MAGNOLIA E 50'+ 14,8 MAGNOLIA SO~GIAlqA SAUCER MAGNOLIA D 15'-30' 1-7 MELALEUCA QIYINQUENERVIA CAJEPLrr TREE E 15'-50' X 2 METASEQUOIA GLYPTOSTROBOIDES DAWN REDWOOD D,C 50'+ 14,7,8 MORUS ALBA wHrrE MUI_.BERRY D 30'-50'+ X 1-8 MYRICA CALIFORNICA PACIFIC WAX MYRTLE E 15'-30' X 4 OLEA EUROPAEA OLIVE E 15'-30' X 1-3,8 PARK2NSOHIA ACULEATA JERUSALEM THORN D 15'-30' X 8 PERSIA AMERICANA ~VACADO E 15'-30' - 2 PHOTINEA SERRULATA CHINESE PHOTINIA E 15'-50' - 1-4,8 PICEA ABIES NORWAY SPRUCE C 50'+ 4-7 PnqUS CANARIENSIS CANARY ISLAND PINE C 50'+ X 1,2,8 PINUS COULTERI COULTER PINE C 30'-50'+ X 1-4,8 PINUS EDULIS PINON PINE C 15'-30' X 14 P~NUS ELDARICA AFGAN. PINE C 15'-50' X 1-3,8 PINUS HALEPENSIS ALEPPO PINE C 30'-50'+ X 1-5,7,8 PINUS JEFFREYI JEFFREY PINE C 50'+ X 5-7 ?INUS MONOPHYLLA SINGLELEAF PINE C 15'-30' X 1-8 ?INUS PINEA ITALIAN STONE PINE C 30'-50'+ X 14,7,8 PINUS SABINIANA DIGGER PINE C 30'-50' X 3-7 PINUS THUNBERGIANA JAPANESE BLACK PINE C 30'-50'+ X 1-8 PINUS TORREYANA TORREY PINE C 30'-50'+ X 1-3,8 PISTACHE ATLANTICA MT. ATLAS PISTACHE D 50'+ X 1,2,8 PISTACKE CHINENSIS CHINESE PISTACHE D 50'+ X 1,2,8 PISTACHE VERA PISTACHIO NUT D 15'-30' X 1-3,8 PLATANUS ACERIFOLIA LONDON PLANE TREE D 30'-50'+ - 1-8 PLATANUS RACEMOSA CALIFORNIA SYCAMORE D 50'+ X 14,8 PODOCARPUS GRACILLOR FERN PINE E 30'-50'+ 1,2 PODOCARPUS MACROPHYLLUS YEW PINE E 30'-50' X 1-4 POPULUS ALBA wHrI'E POPLAR D 30'-50'+ 1-8 :POPULUS CANADENSIS CAROLINA POPLAR D 30'-50'+ 1-8 POPULUS FREMONTI FREMONT COTTONWOOD D 30'-50'+ X 1-3,8 POPULUS NIGRA rrALICA LOIvlBARDY POPLAR D 50'+ 1-8 POPLrLUS TREMULOIDES QUAKING ASPEN D 15'-50' - 3-7 POPULUS TRICOCARPA 'BLACK COTTONWOOD D 50'+ - 3-8 PROSOPIS GLANDULOS TORREYANA MESQUITE D 15'-30' X 1,2,8 PRUNUS CAROLIHIANA CAROLINA LAUREL CHERRY E 15'-30' X 1-3,8 PRUNUS CERASIFERA CHERRY PLUM D 15'-30' - 1-5,7,8 PRUNUS ILICIFOLIA HOLLYLEAF CHERRY E 15'-30' X 1-3 PRUNUS LYONII CATALINA CHERRY E 30'-50' X 1-3 PRUNUS PERSICA ?EACH D 15'-30' 1-3 PRUNUS SARGENTII SARGENT CHERRY D 30'-50' 3-7 PRUNUS SERRULATA JAPANESE FLWRNG CHERRY D 15'-30' - 3-7 PSEUDOTSUGA MENZIESII DOUGLAS FIR C 50'+ 1-7 PYRUS CALLERYANA BRADFORD PEAR D 15'-30' 1-7 PYRUS COMMUNIS PEAR D 15'-30' 1-8 PYRUS KAWAKAMI EVERGREEN PEAR D 15'-30' 1,2 QUERCUS AGRIFOLIA COAST LIVE OAK E 30'-50'+ X 1-3 QUERCUS ALBA WI-lit ~: OAK D 50~ I-8 QUERCUS CHRYSOLEPIS CANYON LIVE OAK E 15'-50' X I-3 QUERCUS DOUGLASII BLUE OAK D 30'.-50' X 1-8 QUERCUS ILEX HOLLY OAK E 50~ 1-4 QUERCUS LOBATA VALLEY OAK D 50'+ X 1-3,5-8 QUERCU$ PALU~-tKIS PIN OAK D 50'+ 1..8 QUERCUS RUBRA RED OAK D 50'+ 1-8 QUERCUS SUBER CORK OAK E 50'+ X 1,2,8 ROBINA PSEUI~ACAClA BLACK LOCUST D 50'+ X 1-8 SALIX ALBA TRISTIS GOLDEN WEEPING WILLOW D. 50'+ 1-8 SALIX BABYLONICA WEEPING WILLOW D 30'-50' 1-8 SALIX DISCOLOR PUSSYWILLOW D 15'-30' 1-8 SAMBUCUS CAERULEA BLUE ELDERBERRY D 15'-5~ 1-8 SAPIUM SEBI~VgRUM CHINESE TALLOW TREE D 30'-50' 1,2 SCHllqUS MOLLE CALIFORNIA PEPPER E 15'-50' X 1,2 SCHINUS TEREBINTH~OLIUS BRA 7.TI.IAN PEPPER TREE E 15'-30' X 1,2,8 SEQUOIA SEMPERVIRONS COAST REDWOOD C 50'+ 1-4 SEQUOIADENDRON GIGANTELrM GIANT SEQUOIA C 50~ X 1-8 SOPORA JAPONICA JAPANESE PAGODA TREE D 15'-30' - 1-8 rAXUS BREVIFOLIA PACWIC YEW C 50'+ X 1-8 rAXUS CUSPIDATA JAPANESE YEW C 30'-50' X 1-7 rHUJA PLICATA WESTERN RED CEDAR D 50~ - 1-7 rlLIA AMERICANA AMERICAN LINDEN D 30'-50~ - 1-8 rILIA COP. DATA LITrLE LEAF LINDEN D 30'-50' , - 1-8 IILIA TOMENTOSA SILVER LINDEN D 30'-50' X 1-8 TORREYA CALIFORNICA CALn~ORNIA NLrl2vlEO E 15'-50' - 1-3 rSUGA HETEROPHYLLA WESTERN HEMLOCK C 50'+ - 1,2,8 ULMUS PARIFOLIA CHINESE ELM D 30'-50'+ 1,2 ULMUS PUMILA SIBERIAN ELM D 30'-50' 1,$ UMBELLARIA CALIFORNICA . CALIFORNICA LAUREL E 15'-50'+ 1-4 WASHINOTONIA FILIFERA CALIFORNIA FAN PALM E 50'+ X 1,2,8 WASHINGTONIA ROBUSTA MEXICAN FAN PALM E 50'+ X 12,$ ZELKOVIA SERRATA SAWLEAF ZF_I.KOVIA D 50'+ 1-8 ZIZYPHUS J'UJUBA CHINESE JUJUBE D 15'-30' X 1-4,8 * c = conifer, d = deciduous; · = ever~lreen. For climate zones, see attached map ! ~,' N O R T H ', LANDSCAPE CLI MATE, ZONES 0 o 12 24 miles plant~g site. Dig ~ a depth of 8 to 10 ~ches in the cen~r of the hole, and prevent future ~r~ng. 3. Carefu~y .remove the existing tree stake (if a~.) 4. Place the tree in the center of the planting hole on ~sturbed soil so the root cro~ (where the t~ meets the roots) is about 1/2" above ~o~d level. Determine the ~rection of the prevai~ng ~nd, and rotate the tree so that the strong branches are facing into the ~nd. 5. Place two s~kes on opposite sides of the tree, approximately 18 inches from the t~. 6. ~ter ~scar~ng' ~ass and weeds, pauly back fi~ the hole ~th the soil you removed. 7. Place approximatel~ 4 inches of compost into the hole ~d m~ well ~th native soil. ~sh back fi~ing the plant~g hole (ha~ compost/haM native soil.) Cover the root ball but DO NOT CO~R ~ ROOT CRO~! 8. Loosely. tie the tree trunk to each of the stakes. This allows the tree to bend with the wind and 'develop strength ~n the trunk. Place the ties high enough to support the tree in an ~.~ Prevailing · upright position, but loose enough for growth and : Position strong ~ Wind movement. DO NOT GIRDLE THE TRUNK! branches facing the prevailing 9. Build a berm around the tree, 3 to 4 feet wide and~ 4 inches wind. high. This will conserve water and direct moisture to the . Stake root ball., 10. Water thoroughly right.after planting to soak the root ball, settle the soil and collapse air pockets. 1 1. Spread a 4 inch layer of mulch over entire planting area leaving the root crown bare. .~ 12. Use chicken wire or fencing to protect the trunk from Place stakes small animals, if needed. 18~ from the trunk Keep natural leader. Fasten ties · DO NOT cut off the loosely to~ of the tree. ~ ~ ~ around tree Add coarse mulch Water all small 4" to 6" deep. ~8" thoroughly branches on immediately lower trunk Place tree crown at Or . Dig a 4' round or So~'I above ground level, square hole ...... ._._._ Place fertilizer 4" deep and near Top of rootball should rootball. not be lower than the surrounding ground. Build a.48" wide water basin with berm at least 4" hdgh. Remove in winter. PARKING LOT SHADING GUIDELINES AND , MASTER PARKING LOT TREE LIST Per Section 2%160 (f) of the City of Davis Municipal Code, 50% of thc paved parking lot surface shall be shaded with tree canopies within 15 years of acquisition of building permit; development of such canopy shall be in accordance with master parking lot tree list guidelines. The following guidelines are offered to benefit applican'ts and designers to ensure adequate compliance with the ordinance. Parking Lot Shading Calculation .Parkinq Lot Shading Plan: A parking lot shading plan shall be submitted with the Design Review application for all new and reconstructed parking lots. The plan shall clearly show all surfaced areas included in the calculation. Trees shall be drawn to s~ale representing the canopy size at 15 years as listed in the Master Parking Lot Tree List. The percentage of shade for each tree shall be clearly indicated. (refer to example 1) Example 1: Shade Credit (F} 100% (TQ) ?$% (H} 5O% (Q) ~% Trees counted in shade calculation: 6 Flowering Plum (TI) 8 Cork Oak (T~) 14 Holly Oak (T3) b desisned to m~e~er mi ~ I~ lncludcd I~ shade C~CUle~iL c~Amlod Iwice per~a8 psvM i~ n~ Paved Area Calculation: All surfacing on which a vehicle is designed to maneuver on shall be clearly indicated on the shading plan and the total area calculation noted in the shade calculatitn table. This includes all parking stalls, loading areas, drives within the property line, and areas for maneuvering. The following are not considered paved parking lot areas and are not required to meet the 50% shading requirement: · Truck loading in front of overhead doors · Truck maneuvering and parking areas unconnected to and exclusive of any vehicle parking. · Surfaced areas for automobile dealerships, lumber yards, and similar facilities that are used for display, sales, service, and vehicle storage. All required parking for these uses is still subject to the 50% shading requirement. If a site has two or more unconnected parking areas, shade is calculated separately for each area. If they are connected by a joining drive, they are calculated as one lot. Shaded Area Calculation: Shaded parking lot area is determined by using the appropriate percentage of the crown as indicated on the approved shade list. (see attached Master Parking Lot Shade Tree List). Only trees from this list may be used as parking lot shade trees unless otherwise approved by the city's arborist. It is recommended that the genera of trees be varied throughout the parking lot. Trees shall receive 25 percent, 50 percent, 75 percent or 100 percent shading credit based on their location relative to paved surfaces. Areas where canopies overlap shall not be counted twice. Shade Calculation Tab/e: The shading plans shall also include a table identifying the quantity and type of trees used and the percentage of shade credited to each. All trees shall be from the Master Parking Lot Tree List and calculated with the corresponding · canopy size. (see table ) PARKING LOT SHADE CALCULATION TABLE SYM BOTANICAL NAME / FULL 3/4 HALF 1/4 TOTAL COMMON NAME S.F. S.F. S.F. TI Prunus cerasifera I 1~ 491 2 I~ 368 3 I~1246 !,965 Flowering Plum T2 Quercus suber 2 ~1722 6 1~1481 4,330 Cork Oak 7'3 Platanus acerfolia 'Yarwood' ! {~1722 121~ 481 I I~ 240 6,734 London Plane Tree Total Tree Shade 13,029 sq.ft. Total Paved Area 25,430 $q.ft. Percent Shade 51.2% 2 Specificatiods for Parking Lot Planters Minimum Planter Sizes: A minimum 6'-0" by 6'-0" planting shall be for area provided each tree planted in a tree well or planter strip. A minimum 4'-0" by 8'-0" planting area  shall be provided for each tree planted in an island planter. Planter dimensions are measured from the interior side of the curb (see illustrations). · Planter P s,an , Tree Well · Strip [- · _..{ 00.6" · - ., : 0'-6" Planter Min. · Island = 0'- -" o'.6" ~1~ 1'7-0" · Parking Stall · Trees must be planted behind the curb at a distance no less than one halt'the minimum · planter width or otherwise recommended by the city's arborist. A 2'-0" foot overhang for · vehicles into the planter area is allowed as long as it docs not overhang planter width or · otherwise recommended by thc city's arborist. A 2'-0" foot overhang into the planter · area is allowed as long as it does not overhang within the required parking lot setback · ~ea or pedestrian walkway. · 2'-0" t · , · ~, , -o-~. ..00~,~? ~-0- 00.,. I l'r-O" I it Mater/a/s: Planters shall contain soil, shrubs and/or living grotmd cover with 4" of bark · mulch. Interlocking pavers and decomposed granite may also be utilized in heavily used · I Planting and Irrigation of Parking Lot Shade Trees ~ Proper planting procedure is essential in achieving the best growth of the tree and shall be utilized. This includes but is not limited to: tree spacing, tree well size, soil composition, irrigation, and maintenance. The entire tree planting area (tree well, island, or strip) shall be excavated to a depth orS'-0'. Planter shall be backfilled with native soil and necessary amendment prior tree planting. [rrioation Detail_: All parking lot shade trees shall be irrigated with a minimum (2) deep watering tubes. All deep watering tubes shall be installed as per the city's standard detail for parking lot tree planting and irrigation (see detail below). PARKING LOT TREE PLANTING/IRRIGATION STANDARD DETAIL ' .(jz _ . ~...,,"'L-~I,~I ~ '-' ~.,, ~ J (~340-~) ~11/~,~, Ir~ fl.~,. 4 MASTER PARKING LOT .. TREE LIST (Revised March 1998) Botanical name MATURE HEIGHT REMARKS TYPE Common Name (led . 35' Crown Diameter ~, .., (100% = 962 sq.ft., 75% = 722 sq.ft., 50% = 481 sq. ft., 25% = 240 sq.ft.) .... Celtis australis 40 slippery fruit D European hackberry Celtis occidentalis 60 slippery fruit, D common hackberry mistletoe Fraxinus americana 'Autumn Purple,' 40 borer, needs D 'Chicago Regal' - white ash irrigation Fraxinus pennsylvanica 'Patmore' 45 borer D 'Leprechaun,' 'Centerpoint' - green ash Morus alba 'Fan-San,' 'Kingan,' 'Stribling' 60 train head D fruitless mulberr7 Pistacia chinensis 'Keith Davey' (male clones) 60 verticillium D Chinese pistache Platanus acerifolia 'Yarwood' or ~loodgood' 70 litter, D London plane tree anthracnose, powdery mildew Platanus orientalis 40 litter, anthraenose D oriental plane tree Quercusfrainetto 'Forest Green' 50 acorns D Forest Green oak Quercus lobata 70 acorns D valley oak Quercus suber 80 acorns E cork oak Zelkova serrata 'Green Vase' 50 verticillium, D Green Vase zelkova shallow roots Fraxinus uhdei (cold-tolerant clones) 70 shallow roots, D Mexican ash frost serrsitive Quercus agrifolia, ilex, virginiana 40-60 acorns E coastal live, holly, and southern live oak Page I of $ Note: 0 D = Deciduous Tree; E = Evergreen Tree. 2) Crown diameters are estimated for 15-years after planting. 3) Trees in shaded cells are for trial use and shouM be planted in small numbers. 4) Trees not specifically listed in the table may be used upon approval from the city ~ arborist. Botanical name MATURE HEIGHT REMARKS TYPE Common Name 30' Crown Diameter (100% = 708 sq.ft. 75% -- 531 sq.ft. 50% Acerfreemanii 'Autumn Blaze' 50 needs irrigation D Autumn Blaze maple Ginkgo biloba 'Autumn Gold' (male clones) 50 brittle when D Maidenhair Tree young Gyrnnocladus dioica (male clones) 50 litter D Kentucky coffee tree Sapium sebiferurn 35 shallow roots D Chinese tallow tree Ulmus parvifolia 'Athena,' 'Allee' 50 frequent pruning D Chinese or lacebark elm Acer campestre 30 needs irrigation D hedge maple Cornus controversa 40 needs irrigation D giant dogwood Platanus x hispanica 'Columbia' 60 litter, D Columbia London plane tree Taxodium mucronatum or distichum 60 prune up D Montezuma/bald cypress 25' Crown Diameter (100% =:491 Sq.ft. 75% 2='368 sq.ft..50~)'o -- 246 sq.ft. 25% = 123 sq.ft.). . "'.:' .:..' Acer truncatum xplat. 'Pacific/Norwegian 35 needs irrigation D Sunset' Paeific/Norwel~ian sunset maple Koelreuteria elegans 35 litter D Formosan flame tree Meta. sequoia glyptostroboides 40 prune up D dawn redwood Ulmus 'Frontier' 40 DED resistent D Frontier elm Ulmus wilsoniana 'Prospector' 40 DED resistent D Prospector elm Cercidium x 'Desert Museum' 30 drought tolerant, E Desert Museum Palo Verde hard to obtain Prosopis Mba 'Colorado' 30 drought tolerant, E Colorado Mesquite hard to obtain Page 2 of 3 ~Botanicalname I MATURE HEIGHT Note: 1) D = Deciduous Tree; E = Evergreen Tree. 2) Crown diameters are estimated for 15-years after planting. 3) Trees in shaded cells are for trial use and should be planted in small numbers. 4) Trees not specifically listed in the table may be used upon approval from the city ~ arborist. Common Name I (ir) I ~ 20' Crown Diameter · (100% = 314 sq.ft. 75% = 236 sq.ft. 50% = 157 sq.ft. 25% = 79 sq.ft.) · Acerplatanoides 'Ezestre' 40 needs irrigation D · Easy Street maple · £agerstroeraia indica x £. faurei clones 20 needs training D · crape myrtle (Catawba, Cherokee, Pecos, etc.) · Malus 'Snowdrift' and 'Golden Raindrops' 20 needs training, D · Snowdrift/Golden Raindrops crabapple fruit · Prunus 'Cascade Snow' 25 needs training, D · Cascade Snow cherry fruit · Prunus cerasifera 'Thundercloud' 20 fruit D · Thundercloud Plum · Pyrus calleryana 'Trinity,' 'Chanticleer' 30 fruit D · Trinity and Chanticleer pear · . Chitalpa tashkentensis 25 litter D · chitalpa ~ Diospyros virginiana (male clones) 30 frequent pruning D ~ persimmon ~ Syringa reticulata :~vory Silk' 30 erratic D ~ Ivory Silk Japanese tree lilac performance ~ Xylosma congestum 20 needs training E D shiny xylosma I~ ~'~;~"~"~ .... ~,prkshdg\treelSt3398 · Page $ t '$ ! ! [ Note: ~ 0 D = Deciduous Tree; E = Evergreen Tree. ~ 2) Crown diameters are estimated for 15-years afterplanting. ~ 3) Trees in shaded ceils are for trial use andshouM beplanted in small numbers. ~ 4) Trees not specifically listed in the table may be used upon approval from the city ~ arborist. · Sections: · 18.65.01'0 Purpose and Intent · 18.65.020 Definitio'ns ***For the specific tree planting · 18.65.030 Tree Preservation requirements, see Section 18.65.1 60, · 18.6.5.040 Permit Required page . 65-7*** · 18.65.050 Exemptions · 18. 65.060 Permit Application - General · 18.65.070 Decision by Planning Director · 18.65.080 Denial and Appeal 18.65.090 Tree Removal Provisions .~-~-~ ~ 18. 65.100 Permit Application - Discretionary Projects ~ 18.65.110 Subdivisions · 18.65.120 Construction Standards · 18.65.130 Tree Protection Guidelines · 18.65.140 Violation, Penalty · 18.65.150 Nonliability of ~ty · . 18.65.160 Tree Planting Requirements 18.65.170 Maintenance 18. 65.180 Nonconforming Developed Parcels. ~ 18.65.010 Purpose and Intent. phrases shall have the meanings respectively · ascribed to them: · The City Council finds that trees contribute in · many ways to the health, safety, and general A. 'Certified arborist' means a person who · welfare of all of Redding's citizens. Trees, in holds a current certificate from the Western I~ addition to their aesthetic benefits and Chapter of the International Society of O temperature moderation, are of benefit to Arboriculture. ~ fisheries, riparian habitat, wildlife, energy i~ conservation, and the ecology of the area. They B. "Cutting" meana the detaching or separating protect surface-water quality, offer windbreaks, from a protected tree any limb, branch, or ~ prevent erosion of topsoil, act as filters for root. Cutting shall include priming and airborne pollutants, release oxygen, and protect trimming. against flood hazards and landslides. It is the intent of this chapter to promote the preservation C. 'dbh (diameter at breast height)" means the . of a healthy tree population and to enhance tree trunk diameter measured at four and one- '· canopy throughout the community by means half (4.5) feet above the'ground (diameter = consistent with the reasonable use of private circumference + 3.142). property. This is to be accomplished through · (1) the preservation of existing native and D. 'Damage' means any action undertaken nonnative trees where feasible; (2) the which may cause death or'significant injury, replacement or transplanting of trees removed or which places the tree in a hazardous I· where appropriate; and (3)the planting of new condition or in an irreversible state of trees in locations, number, and kind compatible decline. This includes but is not limited to with local conditions, cutting, topping, girdling, or poisoning. ~ 18.65.020 Del'tuitions. E. =Developed parcel= means any individual lot I~ that is occupied by a principal building. ~ As used in this chapter, unless the context · otherwise requires, the following words and F. 'Discretionary projects' shall include but not · be limited to those projects subject to: a uae · .65-1 CHAPTER 18.65 permit (including administrative use O. "Underdeveloped parcel" means any parcel permit), a parcel map, a tentative that can be more intensively developed subdivision map, a site-plan review, a under the zoning regulations of the City. variance, a rezone, or a planned development. P. 'Vacant parcel' means an individual lot that is not occupied by a principal building. G. 'Drip line' me~ns the area identified by extending a vertical line from the outermost 18.65.030 Tree Preservation. portion of the limb canopy to the ground, with its axis parallel to the trunk. Subdivisions and other development project~ subject to the provisions of this chapter shall be H. 'Preserved tree' means a tree that is designed to minimize destruction or damage to required to be preserved and protected protected trees. With development permits for under discretionary project approval, discretionary projects, or when a protected tree is proposed to be removed when a discretionary I. 'Person' mea~ any natural person, permit is not required, a site plan shall be partnership, firm, corporation, submitted which contai~ all the element~ governmental agency, or other legal entity, required by Sections 18.65.100 and 18.65.060. To achieve the goal of preservation, the J. 'Protected tree' means any living tree Planning Commission may consider tree having at least one (1) trunk of six (6) preservation as adequate grounds to approve inches or more in diameter when measured variances associated with building setbacks, four and one=half (4.5) feet above the building separations, parking requirements, and ground (dbh). driveway grades if the Commission determines that (1) the preservation and retention of a K. 'Registered professional forester' means a protected tree outweighs the disadvantages person who holds a valid license as a associated with any variance granted to save it professional forester pursuant to the and (2) there is a real expectation that the tree provisions of the State Code. will survive for more than five (5) years. L. 'Removal' means the physical removal of 18.65.040 Permit Required. a tree, or causing the death of a tree through damage, poison, or other direct or No person shall destroy, damage, kill, or indirect action, remove any protected tree on any private property without a tree permit unless authorized M. 'Shrub' means a woody plant of relatively as a condition of a discretionary project low height, distinguished from a tree by its approved by the City Council, Planning height and having several stem~. Commission, Board of Administrative Review, or Planning Director, or as otherwise exempted N. 'Tree' means a perennial plant having a under Section 18.65.050. self-supporting woody main stem or trunk usually characterized by the ability to grow 18.65.050 Exemptions. to considerable height and size and to develop woody branches at some distance A. Removal of a tree upon the order of the City above the ground. It is usually Manager,. Director of Public Works, distinguished from a bush or shrub by its Director of Planning and Community size, manner of growth, and usual botanical Development, Director of Recreation and nomenclature. Perennial shrubs are not Parks, or a member of the Police or Fire classified as trees in this chapter. As stated Department if, in his determination, the in Section 1.04.010, the singular 'tree' condition of a tree presents an immediate includes the plural "trees," and the plural haT-rd to life or property. the singular. .65-2 CHAPTER 18.65 B. The removal of trees on the following approved for removal by the Recreation and I~ properties or areas: Parks Commission. J 1. Industrial parcels which do not exceed G. Trees in creeks and streams that are being · $0,000 square feet in area regardless of undermined and, if they should fall, could j whether the property is developed, create flooding, cause washouts, or block · underdeveldped, or vacant, culverts or bridges. · 2. Commercial parcels which do not 18.65.060 Permit Application- General. · exceed one (1) acre in area regardless · of whether the property is a developed A. Except as provided for in Section 18.65.100 · parcel, an underdeveloped parcel, or a (discretionary projects), any property owner · vacant parcel, desiring to cut down or remove one or more ~ protected trees on any parcel of land not 3. Developed residential parcels which exempted by this chapter shall file an have been developed to the maximum application for a permit with the Planning density allowed by the zoning of the Director and pay the necessary fee therefor property, as established by Resolution of the City Council. 4. A vacant parcel which does not exceed one (1)acre of developable area, and Said application shall be on a form which is classified as residential by the prescribed by the Planning Director, and General Plan and/or applicable zoning, shall contain the following information: (1) the number, species, size, and location 5. The improved area of a public-street or of each tree to be cut down public-utility easement for routine street the location of existing or or removed; .proposed (2)  and sidewalk maintenance of existing structures; (3) a brief statement of the reason improvements, for removal; (4) the signature of the property owner authorizing such removal; 6. Airport clear zones, and (5) any other pertinent information the i Planning Director may require, including a C. Removal or cutting of protected trees within detailed report prepared by a certified utility rights-of-way which may be deemed arborist or a professional registered forester. necessary in the opinion of a public utility I~ to comply with applicable . safety regulations, to prevent potential future B. The permit, if granted, shall entitle the interruption of service, to repair damage to property owner to remove only the trees f~cilities, or to restore interrupted service, approved for removal by the permit. Prior : to the issuance of such permit, the Planning Director or his representative shall visit and ~ D. Removal of trees on property owned by the inspect the property, the trees in question, i) Federal . Government, the State of and the surrounding area, and shall ascertain '1~ California, the County of Shasta, or any whether or not the trees may be cut down or ~ school or special district. ~ removed. I E. Removal of trees when determined as C. The Planning 'Director or his designated ~ necessary by the Fire Department while ' representative may grant the permit if the ~ engaged in fire fighting in order to prevent removal of the trees will not affect soil i) the spread of fire or prevent a dangerous stability, surface-water quality, riparian t situation to life or property, habit~t, or fisheries, and one or more of the ~ F. Street trees covered by Chapter 13.40 of the following findings is made: ~ Redding Municipal Code which are .65-3 CHAPTER 18.65 1. The condition of the trees with respect notice of appeal in leuer form to the Planning to disease, form, general health, Director, and paying an appeal -fee as established damage, public nuisance, danger of by City Council Resolution. The appeal shall be falling, proximity to existing structures, set, for hearing before the Board of interference with utility services, good Administrative Review at its next regular · forestry, p..ractices, or damage to meeting occurring not later-than fourteen (14) existing sidewalks and driveways calendar days after the appeal is filed. warrants their removal. 18.65.090 Tree Removal Provisions. 2. The preservation of the trees unreasonably restricts the economic A permit issued under Section 18.65.060 shall potential of the property upon which be valid for a period of six (6) months from the the trees are situated, date of issuance. One (1) extension of time may be granted, not to exceed an additional six (6) :3. The development has been designed months, by the person or body who approved such that suitable land will be set aside the Permit for which an extension is requested.. in an open-space easement which will (1) retain as many protected trees as A. It shall be the responsibility of the person are proposed to be removed; or (2) be cutting down or removing any tree under particularly suitable for the planting this chapter to have the tree permit and a and/or natural regeneration of trees, copy of the conditions of approval imposed The set-aside area shall be in addition by the approving body at the tree-removal to any area classified as "Greenway" site. under the policies of the Redding General Plan. B. The permit and any conditions of approval granted by the approving body shall entitle 4. The trunk of the tree is on property the applicant to remove only the tree or trees owned by the applicant, approved for such action. D. The Planning Director shall deny any C.' Before the start of any clearing, excavation, permit to remove a landmark tree construction, or other work on the site, established by Chapter 13.40. every tree designated for removal on the approved site. plan, which is. outside of 18.65.070 Decision by Planning Director. proposed fight-of-way or easement areas, shall be clearly marked in the field in a The Planning Director or . his designated manner required by the Planning Director. representative shall render a decision in writing A plan shall be established for the removal within' fifteen (15) days after the filing of a and disposal of brush, earth, and other complete application for a permit; or the debris so as to avoid injury to any protected Planning Director may refer the application to tree or adjoining property, or which would the Board of Administrative Review for cause mud or debris on City streets. The consideration, construction standards required by Section 18.65.110 shall apply to all work performed 18.65.080 Denial and Appeal. within the drip line of protected .trees. If an application for a tree permit is denied, the 18.65.100 Permit Application - Planning Director shall provide written Discretionary Projects. notification thereof to the applicant, including the reasons for denial. The applicant may A. An application for a discretionary project appeal the determination to the Board of shall also' be considered an application for Administrative Review within ten (10) calendar tree removal in those instances where trees days after such determination has been mailed, will be affected by the development. Such appeal may be made by filing a written _65-4 CHAPTER 18.65 B. Project design shall recognize the 5. A notation as to which trees are desirability of preserving trees. Plans for proposed to be saved. grading and infrastructure improvements should reflect this consideration, and should 6. The. application may be denied or the include the following safeguards: project modified if (1) the plan is inconsistent with the City's policy of tree 1. Location of'minimum growing areas as preservation,, and (2) insufficient required by individual species, evidence is shown that the tree preservation has been considered in the 2. Minimal disruption or removal of design of the project. Modifications of structural or feeder rOOts, project design may include, but not be limited to, relocation of proposed streets 3. Minimal filling, cutting, development, and easements, relocation of proposed or compaction of soils within the drip lot lines, and reduction of the number of line. lots/building areas proposed in the 4. Such other measures required by the development. species of tree to be preserved as may These elements, together, will constitute a be recommended by a certified arborist tree-protection plan, and those trees or registered professional forester when designated to be saved shall be considered a question arises as to whether preserved trees. proposed efforts to save a preserved tree are adequate. D. It is recognized that the preservation of healthy trees will sometimes conflict with C. An application for a discretionary permit normal land developmental considerations shall contain the following elements, which such as proper drainage, grading, may be included on the site plan, or on the -circulation, safety, and utilities. Within tentative map for the project, or on a .most developments, it will not be practical separate document such as an overlay: to preserve all healthy trees, given the' necessity of addressing, public-safety and 1. The approximate location of protected design concerns. In such instances, the trees. The City may require a detailed design of the development should address site survey which precisely delineates preservation of the most desirable and the location of protected trees where it significant of the healthy trees, particularly is deemed necessary to ensure their stands of trees; and the developer is protection, eficouraged to utilize creative land-plannin~ techniques to'achieve this end. The set-aside 2.' The location of existing and proposed of a natural area or areas within a project lot lines and buildings (where known)., site which is particularly suitable for the 3. Grading information of sufficient detail planting, retention, and/or natural to ascertain whether proposed cuts and regeneration of trees is considered to be a desirable means of accomplishing the goals. fills will affect trees proposed to be saved, of this chapter. Set-asicre areas shall be in addition to any area classified as 4. In cases where a project site includes a 'Greenway~ under the · policies of the stand or stands of trees closely Redding General Plan. grouped-in effect having a common, unbroken canopy-the entire stand E. Subsequent to project approval, rather than individual trees may be improvement plans shall be submitted to the depicted, provided that the total canopy City for approval which shall depict'the is accurately delineated, location of all protected trees or stands of · protected trees, which are outside of any proposed right-of-way, utility easement, or .65-5 CHAPTER 18.65 other area approved for disturbance by the in place for the duration of all work. Where approving body and which are proposed to deemed appropriate by the approving be removed. At the discretion of the authority, a barrier of posts and flagging or Planning Director, improvement plans may other appropriate materials may be required be required to depict the location of all to be erected around protected trees. A plan protected trees which are located outside of shall be established for the removal and -any area classitled as "Greenway" on the disposal of brush, earth, and other debris in order to avoid injury to any protected tree General Plan. which is to be saved. F. The approving entity for the permit, when approving development plans, shall B. Where the approval of a proposed determine the adequacy and appropriateness development or other site work will result in of the proposed tree-protection plan, as- encroachment within the drip line of a provided above, and shall make the findings protected tree, special measures should be required under Section 18.65.060 C. incorporated to allow the roots to obtain oxygen, water, and nutrients. The Planning G. Appeals of conditions and/or requirements Director may require the applicant to imposed on a development project by the provide recommendations by a registered approving, authority shall utilize the professional forester or .a certified arborist procedures setfonhinChapter 18.?4of the setting forth the measures necessary to Redding Municipal Code. minimize impacts to the tree. 18.65.110 Subdivisions. C. No storage or dumping of oil, gasoline, - chemicals, or other substances that may be Unless otherwise approved by the approving harmful to trees shall occur within the drip authority, removal of trees in subdivisions shall line of any protected tree or on any other be limited to the development of streets, the location on the site from which such installation of utilities, and the control of storm substances might enter the drip line of a water and surface runoff. If lot clearing is protected tree. proposed in conjunction with subdivision development, plans indicating the extent of 18.65.130 Tree Protection Guidelines. proposed tree removal shall be submitted with the tentative map, consistent with Section The Director of Planning shall prepare and make 18.65.100 C. The approving authority's available to the public "Guidelines for Tree considerations shall include but not be limited to Protection." The Guidelines will not replace or the following: natural lot grade, size of existing supplement the construction standards of Section trees, proportion of the Canopy to be removed, 18.65.120, but will provide basic information potential for increased soil erosion, projected that will be useful in protecting trees during and timing of subdivision buildout, and resulting after construction. visual effect from adjacent streets or other public areas. This chapter shall not apply in those 18.65.140 Violation, Penalty. instances where a tentative subdivision map and its grading plan have been approved by the City. It has been determined that native trees within the City are valuable assets to the community, 18.65.120 Construction Standards. and that the public should be compensated for the loss of trees which occur in violation of this A. Before the start of any clearing, excavation, chapter. The removal or killing of any protected construction, or other work on the site, tree in violation of the terms of this chapter shall every tree designated for preservation which be punishable by either or a combination of the is located outside of any existing or following means, at the discretion of the City: required open space easements or dedications shall be clearly delineated in the field. The delineation markers shall remain CHAPTER 18.65 A. Payment of a fine of up to $1,000 per tree Residential Development: for the unauthorized removal or damage to trees. One fifteen- (15) gallon tree shall be planted for every 500 square feet of enclosed gross living B. Provide and plant replacement trees of a area. number and size required by the City, and thereafter maintain said trees in a live and CommercialDevelopment (Retail, O2~ice, Service healthy condition for a period of three (3) Commercial Uses): years. One fifteen- (15) gallon tree shall be planted for C. Prohibition of further development of the every 1,000 square feet of gross floor area or property, other than corrective=action covered space. measures, for a period of Up to two (2) years from the date notice of the violation is Industrial Development.. given by the City. One fifteen- (15) gallon tree shall be planted for The penalty shall be determined by the Planning . every 2,000 square feet of gross floor area or Director; however, appeals of his decision shall covered space. be available as specified in Chapter 18.74 of the Code. Where the number of trees required to be planted under this section differs from the In instances where unlawful tree removal occurs number required to be planted by Chapters on a developed parcel of land, the violator may 13.40 and 18.62 of the Redding Municipal Code seek relief from the above penalty by making (if applicable), the higher number shall apply. application for tree removal as specified in If the number of trees required above contains a Section 18.65.060 and making payment of twice fraction, such number shall be increased to the the application fee. The City reserves the fight next highest whole number. For example, if the to approve the permit subject to any or all of the computed requirement equals three and four- above conditions, as circumstances may dictate, tenths (3.4) trees, four (4) trees shall be requ!red. Each existing, protected tree on a 18.65.150 Nonllability of City. parcel may be counted as two (2) trees for the purpose of the above planting requirements; Nothing in this chapter shall be deemed to however, this credit shall not reduce the number impose any liability for damages, or a duty of of trees required by Chapters 13.40 or 18.62 of care and maintenance, upon the City or upon the Redding Municipal Code applicable to the any of its officers or employees. The person in project, except as may be provided for in those possession of any public property, or the owner Code sections. of an~ private property, shall have a duty to keep the trees upon the property and under his 18.65.170 Maintenance. control in a safe, healthy condition. The property owner or his successors-in-interest 18.65.160 Tree Planting Requirements. shall be responsible thereafter for the care and maintenance of trees requir~xi to be planted The following tree-planting provisions shall under this chapter in a live and healthy apply to all new construction and to those condition. The replacement of trees which may parcels which have been granted a tree-removal die or otherwise be destroyed is explicitly a permit. The trees shall be planted prior to the requirement of this chapter. The removal of issuance of an occupancy permit in those dead wood, branches, or trees is the instances where planting is in conjunction with responsibility of the property owner upon whose construction under a valid building permit, property the tree originates. .65-7 CHAPTER 18.65 18.65.180 Nonconforming Developed this requirement is granted by the Planning Parcels. Commission based on a finding that conforming to the tree-planting requirements of this chapter Developed parcels which do not meet the tree- is physically impossible given the way the parcel planting requirements of this chapter, shall be is developed. If the Planning Commission can required to meet the.tree-planting requirements make that f'mding, it may approve planting fewer of this chapter with the issuance of a building trees than this chapter would require for the permit for any new construction on the property developed parcel based on what the Planning that is greater than fifteen (15) percent of the Commission feels is physically possible for the existing gross floor area, unless an exception to property. · .65-8 Tree-Pruning Guiclelines PERFORMANCE GUIDELINES COMMITTEE $ohn C. Britton. Chairman Richard W. Harris Brian L Morris Britton Tree Services, Inc. University of California, Emeritm Duke Power Company SL Helena. CA Davis, CA 'Charlotte. NC Dennis W. Ceplecha Ttmothy A. Johnson Kenneth A. Ottman City of Evanston Artistic Axborist, Inc. City of Milwaukee Evanston, IL Phoenix. AZ Milwaukee, WI John Goodfellow John (Jack) McNear~ Puget Power McNcar~ Arborisu, Inc. Bellevue, WA CharloR¢, NC Illustralions by Vera M. Harris Davis, California i. (Figu~s 1, 2, 4, 5 and 6 from R.W. Harris. Arboriculture: Integrated Management of Landscape Trees, Shrubs and Vines, 2nd ed. © 1992. Reprinted by permission of Prentice-Hall, Inc., Englewood Cliffs, NJ) ISII Authored, published and copyrighted by the Intemafionai Society of,ad'bodculmre P.O. Box 3129, Champaign, IL 61826-3129 Phone (217) 355-9411 · lax (217) 355-9516 European Office: Troy House Chambers, Suites C &D Elmgrove Road, Harrow, Middlesex HA 1 2QQ England Phone 0044 (0)181email:861isa @ isa-arbor, corn 6852 * Fax 0044 (0)181 861 6858 Web http://www, isa-arbor, com PURPOSE Tr~.s and other woody planes respond biologically in specific and predictable ways to pruning and wounding. Careful study of these responses has led to pruning practices that can best develop, preserve and enhance the beauty, structural integrity and functional value of trees. In an effort to promote practices that encourage the development and preservation of tree structure and health, the ISA Performance-Guidelines Committee had established the follow- ing Tree-Pruning Guidelines not only for arborists but also for those who manage and employ arborists. The reader may want to refer to 'Standard Practices for Tree, Shrub and Other Woody Plant Maintenance" (ANSI A300). The Guidelines are presented as a working tool, recognizing that trees are individually unique in form and stmctu~, and that their pruning needs may not always fit strict rules. The arborist must take responsibility for special pruning practices, or regional variations, that may vary from these Guidelines. © 1995, International Society of Atboriculture, Champaign, IL All Rights Reserved. Printed in the U.S.A. 10987654 ISBN 1-881956-07-5 These Guidelines address pruning in terms of tree growth and response to pruning. They are not intended as a complete training manual for pruning or climbing techniques. Tree pruning is often dangerous, with unseen hazards. Proper training in safe work practices and supervision is required for tree climbing. It is the tree worker's responsibility to exercise adequate precautions for safety. All tree maintenance must be performed in compliance with the ANSI Z133.3 Safety Standards. TABLE OF CONTENTS Purpose ........................................................... 1 Pruning Techniques ............................................... 2 Types of Pruning Cuts ............................................. 2 Making the Cut ................................................... 3 Size of Pruning Cuts .............................................. 4 Climbing Techniques .............................................. 4 Training Young Trees .............................................. 6 Trunk Development ............................................... 6 Permanent Branch Selection ........................................ 6 Temporary Branches .............................................. 6 Developing Strong Branch Structure .................................. 7 P,runing Mature Trees ............................................. 8 Crown Cleaning ................................. . ................. 8 Crown Thinning .................................................. 8 Crown Raising ................................................... 8 Crown Reduction ................................................. 9 Crown Restoration ............................................... 10 Utility Pruning .................................................. I0 Glossary of Terms ................................................ 12 Other Sources of Information .................................... 14 PRUNING TECHNIQUES A plant's responses to most techniques of priming are universal to almost all trees and situations. Types of Prunin~ Cuts An understanding of tree ~.~ responses to pruning cuts . '{' leads to a more reasoned t ~ , v approach to pruning. ., .-' Athinningcu, shouldbe ~l ~/~ used to remove a branch at ~ its point of origin or to short- · en it or the leader to a lateral large enough to assume the ~ ~.. terminal role (Figure 1). The use of thinning cuts opens the foliage of a tree, reduces the weight on heavy limbs, can reduce a tree's height, distribute ensuing invigora- tion throughout a tree and Figure 1. A thinning cut removes a branch at its point of origin helps retain the tree's natural (lower cut on each) or shortens a branch or leader by cutting to a shape. Thinning cuts are usu- lateral large enough to assume the terminal role (upper cut on each). ally the preferred method of tree pruning. A heading cut removes a currently growing or one-year-old shoot back to a bud, or cuts an older branch or stem back to a stub or lateral~,,.~.. branch not sufficiently large enough to assume the terminal role (Figure 2). Heading cuts are appropriate for specific purposes such as: · Reducing leaf area on an unbranched shoot when training young trees. · Pollarding trees. · Shaping terminal flowering plants (lilac, privet, crape myrtle, roses). · Sheafing hedges. A heading cut should rarely be used in mature trees, since it forces the growth of vigorous, weakly attached upright sprouts originating just Figure 2. A heading cut is pruning to a stub below such cuts (Figure 7), and the Ree's natural (lower branch), a small lateral (trunk) or a bud form is altered. In some situations, branch stubs (terminal on small lateral). die back or produce sprouts with low vigor. Making the Cut When removing a live branch, pruning cuts should be made just outside the branch bark ridge and collar (Figure 3). This location of cut is in contrast to a "flush cut" which is made inside the branch bark ridge and collar. Flush cuts should be avoided because they result in a larger wound and expose trunk tissues to the possibility of decay. If no collar is visible, the angle of the cut should approximate the angle formed by the .branch bark ridge and the trunk. When removing a dead branch, the final cut should be made outside the branch bark ridge and the collar of live callus or woundwood tissue. If the collar has grown out along the branch stub, only the dead stub should be removed; the live collar should remain intact (Figure 4). If it is necessary tO reduce the length of a branch or the height of a leader, the final cut should be made just beyond (without violating) the branch bark ridge of the branch being cut to. The remaining branch should be no less than 1/3 (one third) the diameter of the branch being removed, and With enough foliage to assume the terminal role. On large trees this type of cut is commonly called chop crotching (Figure 1). ',. ,,:, ,:~.'3 I ,I. ~,...' ,~ ,~.;,x,' r,, ;!.~,;,~ ~ i Figure 3. Pruning cuts should be made just out- Figure 4. On a dead branch that has a collar of side the branch bark ridge (top of cut) and the live wood, the final cut should be just beyond the outer edge of the collar. collar (bottom of cut). vi' I i ~' I t, Figure $. RemoYe a large ~imb by making three cuts. First cut on the bottom of the limb alx~ut 12 inches {30 cra) from the branch attachment 0e~t). Make the second cut on the top about 1 inch {2-3 cra) from the under cut. The final cut is dust outside the branch bark ridge and the outer portion of the collar {right). Pruning cuts should be clean and smooth, leaving the bark at the edge of the cut firmly attached to the wood. A three-cut process will reduce chances of injury when removing large limbs (Figure 5). Large or heavy branches that cannot be safely thrown clear, should be lowered on ropes to prevent injury to the tree or other property. Wound dressings and tree paints have not been shown to be effective in preventing or reducing decay. They are therefore not recommended for routine use on pruning cuts unless specified for disease, borer, mistletoe or sprout control. Size of Pruning Cuts Pruning can be done to different levels of detail or refinement. The removal of many small branches rather than a few large branches requires more time, but produces a less-pruned appearance, forces fewer watersprouts, and helps to maintain the vitality and structure of the tree. Designating the minimum size of undesirable branches to be removed from the tree crown, such as one-half inch, one inch or two inches (1, 2.5 or 5 cm) basal diameter, will estab- lish the detail and extent of pruning desired. Climbing Techniques Special care should be taken by the climber to ensure that the tree is safe to climb before enter- ing it. Climbing techniques can affect tree health by preventing, or creating, injuries to the tree. Pre-Climbing Examination. A thorough inspection of the tree's structure for possible hazards should be made of every tree before climbing. A tree worker's safety inspection should also include an examination of the tree's root collar, where the roots flare out into the soil. The tree should be inspected for potential hazards such as branch attachments with included bark, co-dominant (equal-sized) stems, trunk and branch about equal size, weakly- attached watersprouts, limbs with cracks, broken limbs and hangers. Discussion should take place with the crew as to how to avoid or reduce the hazards to the climber when such struc- tural defects are present in the tree. Hazards of the work site should also be reviewed, such as the presence and location of all electrical conductors, especially high voltage conductors. Check for property that might be damaged by falling branches. If no root flare is present, either the soil may have been raised over the original grade, girdling roots may be present or the tree is of a species that seldom develops root flares. In the first two cases, a potentially dangerous situation may exist, and a root-collar excavation is recommended. Likewise, if there are signs of significant injury or decay at the base of the trunk, an excavation of the root collar is recommended. A root-collar excavation includes the removal of soil around the trunk, six to twelve inches (15-30 cra) below the original grade, to expose the major roots for inspection. These roots are then examined for signs of healthy or dead bark and/or decay. After the examination is completed, the soil should be returned to the original grade of the tree's root collar. This can usually be determined by horizontal lines or wrinkles on the lower trunk or major buttress roots. Tree wells resulting from deep soil fills that have been removed during the root collar excavation can be covered with grates, decks or surrounded by small fences to maintain public safety. Diseased tissue should be left exposed for one or more years, or until callus is well formed and the progress of the disease has stopped. Roots should be protected in winter months from freezing temperatures by recovering them with mulch or soil, and exposing them again the next spring. 4 Climbing Practices. Climbing and pruning practices, except for pruning cuts, should not injure the tree. Climbing spurs or gaffs should not be used when pruning a tree; however, they may be used is fled in. Spurs may be used to reach an injured climber or when climbing to remove a tree. Rope injury to thin-barked trees from loading out heavy limbs should be avoided by installing a block in the tree to carry the load. A block or r~pe guard may also be used to reduce injury to the bark from the climber's line. TRAINING YOUNG TREES Properly mined trees will develop into structurally strong trees well suited to the site and their intended landscape function. These trees will fulfill their intended function sooner and should require little corrective pruning as they mature. Young trees that reach large mature size should have a sturdy, tapered trunk with well-spaced branches that are smaller in diameter than the trunk. These guidelines apply primarily to decurrent (round-he&deal_) large-growing trees which o~n develop low, closely spaced scaffold branches unless properly trained. Decurrent trees usually can be identified at a young age by ,heir characteristic lack of lateral shoots on current-season's growth. Trees of excurrent (central leader) growth habit usually need little or no training except to remove laterals that are too low or to control laterals that may compete with the leader. Trunk Development For most trees, maintain a single, swaight trunk or central leader. Do not head the leader except: · to correctly position the lowest main branch; · to space other main branches at least 18 inches apart vertically; · to remove a tight grouping of terminal twigs so that a more vigorous shoot will develop as the leader. At least one half of the foliage should be on branches (temporary and permanent) arising in the lower two-thirds of a tree. Similarly, branches should have a like distribution of foliage along their lengths. This will increase trunk taper and more uniformly distribute branch weight and wind stress along the trunk. Permanent Branch Selection The height of the lowest permanent branch will depend on the function of the tree and local ordinance; e.g.: screen an unsightly view, provide a wind break, shade a patio or be a street tree. Unless they are too close together, too vigorous, weakly attached, or if the tree may not receive adequate water, remove or cut back few or no branches on a newly-planted tree. This will ensure a better selection for permanent main branches in subsequent years, promote mank taper and early rapid growth of a tree. Potential permanent branches can be spaced 6 to 12 inches (15-30 cm) apart by thinning. By the fifth year or before, these branches should be spaced to at least 18 inches (50 cm) apart, if at maturity the trunk diameter is expected to be greater than 18 inches (50 cm). Spacing can be less with an expected trunk diameter of less than 12 inches (30 cm) at maturity. Select permanent branches to maintain an even radial distribution. Where branches are growing one directly above another, maintain at least 15-36 inches (40-100 cm) above the lower branch on small to medium-size trees, and 60 inches (150 cm) on large-growing trees. Temporary Branches Retain small branches along the trunk for I to 5 years to increase lower-trunk size and taper · and to protect the trunk from injury by the sun and vandals. It.is more important to have tem- porary branches below the lowest permanent branch than above. Preferred vertical spacing of temporary branches is 4 to 6 inches (10-15 cm), with none within 6 inches (15 cm) of potential main branches. Select the least vigorous shoots for tem- porary branches. If larger-than-desired branches need to be kept as temporaries, head them back to 2 or 3 buds. It is important to have some on the side of the trunk facing the afternoon sun. Attachment angle of temporary branches is not important since they will be removed. Temporary branches should be kept short to provide clearance for paths, etc. and to increase height growth of the leader. These branches may need more than one pruning during a growing season, depending on tree vigor. During the first dormant season, prune to thin the temporary branches. Leave about 3/4 (three fourths) of those left the first year. Leave them uniformly spaced, remove the largest or cut them back 2 or 3 buds. During the next dormant season, reduce the number of temporary branches by II5 (one fifth) to 1/4 (one fourth) of those present the first year. In most situations, by the fifth dormant season, all of the temporary branches should be removed. Developing Strong-Branch Structure The relative size of a branch in relation to the trunk is more important for strength of branch attachment than is the angle of attachment. Branches should be 1/2 (one half) or less of the diameter of the trunk immediately above the branch. No permanent branch attachments should have included bark. Retain lateral branches along limbs, but each should be less than I/2 (one half) the diameter of the limb at its attachment. Permanent lateral branches along limbs should be at least 2 feet (60 cra) out from the trunk. As trees grow to maturity, pruning should focus on maintaining or improving structure, and directing the tree's growth. A goal of structural pruning is to maintain the size of permanent lateral branches to less than 1/2 (one half) the diameter of the parent branch or trunk. If a scaffold branch is too large in relation to the leader or another scaffold, thin the competing scaffold's laterals particularly near its terminal. Thin the leader and other scaffolds less, if at ail. Thinning laterals from a branch will reduce the weight of the branch, slow its total growth and develop a stronger branch attachment. If pruning the competing scaffold is not appropriate, it should be removed. On large-growing trees, except for whorl-branching conifers, branches that are more than one-third the diameter of the trunk should be spaced along the trunk at least 18 inches (50 cm) apart, on center. If this is not possible, because of the present size of the tree, such branches should have their foliage thinned, particularly near their terminals. PRv lr c M 'ruR£ T ££s As ~es mature~ ~eir need for s~cm~ pruning should dec~e. ~ng should ~en f~us on m~n~ning ~e s~cm~ fo~ he~ ~d apiece b~ · ~moving dead b~ches · ~inning to ~duce weight ~or ~e win~l effect of l~e late~s, ~d · m~ntaining inner b~ches. ~ning such ~ crown ~ducfion, or shaping, is sometimes necess~ if ~e b~ches of foliage ~gin to inteffe~ wi~ su~unding imp~vemenB, such ~ buildings, ufili~ w~s or pa~s. ~e ty~s of pruning gene~ly used in ~e indus~ ~ descried ~low. Cro~ Cleaning Crown clewing, or clewing out, is ~e ~mov~ of dead, dying, dise~d, c~wded, we~y attached, Iow-vigor b~ches, ~d wate~u~ f~m a ~e's c~wn. Crown Thinning C~wn thinning is ~e selective ~mov~ of b~ches ~or pruning back to I~e late~s to incre~e light ~netration ~d ~r movement ~ough ~e c~wn. ~inning o~ns ~e foliage of a ~e, ~duces weight on heavy limbs, disMbutes ensuing invigoration ~ughout a ~e ~d helps retain ~e ~ee's nam~l sha~. ~inning cu~ ~e usu~ly ~e p~feffed me~ of ~e pruning. ~en ~inning ~e crown of mam~ wees you should seldom ~move more ~ 1/4 (one fourth) of the live foliage. At le~t 1/2 (one hal0 of ~e foliage should ~ on b~ches ~at ~se in ~e lower ~3 (two · irds) of the tree. Likewi~, when ~inning late~ls f~m a limb, ~ effort should ~ made to retain well-spaced inner lateral br~ches with foliage. Trees and b~ches so pruned will have mechanical swess more evenly dis~buted along a b~ch and ~oughout ~e ~ee. Caution must be taken not to create "lion-tailing;' which is caused by ~moving ~I or most of the inner foliage. ~is places foli~ weight at ~e ends of ~e branches ~d may ~sult in sunburn, wate~prou~, we~ened branch s~cture ~d limb bre~age. Crown Raising Crown raising removes ~e lower branches of a ~ee in o~er to provide cle~ce for build- ings, vehicles, ~des~s ~d vis~. It is im~t ~at a developing ~ h~ at le~t 1~ (one halt) of im foliage on b~ches ~at originate in ~e lower ~3 (two ~r~) of ~e ~e. Sillily, branches should have even dis~bution of foliage along ~eir leng~s. ~is will ensure a well- foxed, tarred structure ~d to unifo~ly distribute s~ss within a ~e. In some c~es, ~s may not ~ ~ssible ~cause l~al ordin~ces ~quire ~mov~ of low branches for cle~ce. When pruning for view, it is p~femble to develop spaces ~tween b~ches, or "windows" ·rough the foliage of the ~e, rather ~ to ~verely raise or ~duce ~e crown. Crown Reduction ~ ~ ~,~,.$" ~/ ~,/,.... If a tree has grown too large for its allotted ..... , ..,, space, either: '~'~,~ "~.~ t,~d" ..¢ · Remove the tree. particularly if it · : ~" '~ · Thin branches and/or prune back '~'.., ,,., '~ : leaders to lateral branches in ',,,'.~~. '~ ~/ ',,~ order to reduce tree height and/or '· '~, . spread (Figure 6), or  ~"~~,'~/ .Head branches to reduce the height and/or spread of the tree crown. This is the least desirable of the three alternatives. Thinning cuts to reduce the size of the crown results in fewer sprouts and can maintain the structural integrity and natural form of the Figure 8. The heir;bt and s0reacl of a tree can tree. delaying the need to re-prune. The lateral usually be reclucecl and still maintain its natural to which a branch or leader is cut should be at shape. Branches that have b~en removed by thinning.} CUts are ocltlir~ed by broken lines, least 1/3 (one third) the diameter of the branch being removed. , A tree pruned by the crown reduction method appears more natural and lasts longer if confined to relatively small thinning cuts. This is the preferred method of crown reduction. The removal of a large limb or leader to a large lateral, or shorter vertical, is sometimes referred to as drop crotching or drop-crotch pruning. Pruning the leader of a central-leader tree to a large lateral is inappropriate. Even though large wounds may lead to decay, drop-crotch pruning is preferred to making heading cuts. Heading cuts to control size and flowering are appropriate on small-growing trees which flower terminally on current-season's growth (crape myrtle). One-year-old shoots usually need to be reduced in number and the remaining shoots cut back to 3 or 4 buds. This pruning is best done on an annual basis. Figure 7. Numerous watersprouts resulted from the heading cut the previous winter of this leader or large updght branch (left). The one-year-old watersprouts have been thinned to three to begin to rebuild the tree (center). The number of sprouts left depends on the size of the branch and number of branches in the tree. LateraJs on the sprouts the following season (right) may need to be thinned to reduce weight and wind-sail effects that could break sprout attachment. If such a heading cut is made, it is preferable to cut at an angle with the high side towards the aftemoon sun. (The full length of the sprouts and laterals are not shown.) Crown Restoration Crown restoration is intended to improve the structure and appearance of trees that have sprouted vigorously after being broken, topped or severely pruned using heading cuts. One to three sprouts, on main branch stubs, should be selected to form a natural appearing crown. The more vigorous sprouts may need to be thinned, cut to a lateral, or even headed, to control length growth or ensure adequate attachment for the size of the sprout. Crown restoration may require several prunings over a number of years (Figure 7). Utility Pruning Utility pruning is used to maintain the required clearance of trees from high voltage trans- mission lines with a minimum of resprouting and fewer pruning cycles. The guidelines are based on known tree responses to various pruning techniques. In no sense should the guidelines take precedence over safe work practices. Line-clearance tree workers should be trained to work safely around high voltage conductors. The United States Occupational Safety and Health Act (O.S.H.A.) and The American National Standards Institute (A.N.S.I.) have established minimum distances to be maintained by tree workers from electrical conductors. Utility pruning may vary in urban and rural areas. The quality of care given a tree should balance with the landscape setting. The pruning of high-value trees in urban landscaped areas should more closely follow the preceding Tree Pruning Guidelines. Public pressure in some areas may require leaving more branches inside the canopy, which may potentially contact the conductor. This practice will be more costly as it requires more frequent pruning cycles. It is important to prevent bark injuries on large and high-value trees by controlled lowering of heavy limbs being removed and by not climbing with gaffs. Urban trees often sustain injuries to the lower bole which open sites for decay. All trees should be carefully examined for structural problems before climbing. 10 Lateral or Directional Pruning. A tree's growth under utility lines is most economically managed by lateral or directional pruning (thinning cuts). Directional pruning is the removal of a branch to the trunk or a significant lateral branch growing away from the conductor. Heading cuts (topping), on the other hand, encourage vigorous sprouting and increases the frequency of pruning cycles and the cost of maintenance. All trees should be examined for hazards before climbing. Hangers and large dead branches should be removed. The root collar should be examined for signs of decay or root rot which would make the tree unstable. Where possible, the tree should be allowed to attain normal height, with crown devel6pment maturing away form high-voltage conductors. To achieve clearance, pruning should be restricted to removal of branches at crotches within the crown. As few cuts as are reasonable ~hould be used to achieve the required clearances. When the pruning of a branch will result in the loss of more than 1/2 (one half) of the foliage on the branch, it should be removed to the parent stem. Precautions shall be taken to pre-cut large limbs to avoid stripping or tearing the bark, and minimize unnecessary wounding. Heavy limbs should be lowered on ropes to avoid damaging bark on limbs and trunks below. The placement of pruning cuts shall be determined by anatomy, structure and branching habit. Limbs should not be arbitrarily cut off based on a pre-established clearing limit. Final drop-crotch cuts should be made outside the branch bark ridge on the main stem or lateral branch. The remaining branch shall be no smaller than 1/3 (one third) the diameter of the portion being removed. The remaining branch should be pruned to direct the growth away from conductors. The use of multiple, small-diameter shaping cuts to create an artificially uniform crown form, commonly known as a "roundover," or a hedged side-wall effect, is not cost effective nor consistent with proper pruning practice. Severe crown reduction pruning should be practiced only where trees are located under lines. Topping of tall-growing species directly under utility lines should be discouraged in favor of the removal and replacement with a species that matures at a lower height. Climbing spurs, gaffs, climbing irons or hooks shall not be used except for tree removal or where branches are more than a throw-line distance apart or for emergency rescue. Mechanical Utility Pruning. Appropriate for remote sites where trees occur in wooded areas or forest stands. To the extent possible, the placement of pruning cuts should be determined by crown structure and branching habit. The minimum number of cuts should be utilized to achieve required clearances. Cuts should be made as reasonably close to the main stem as possible or to a lateral branch 1/3 (one third) the diameter of the removed branch that will direct future growth away from conductors. Pruning cuts are to be made outside the branch collar, leaving as small a stub as possible (see Figure 3). Precautions shall be taken to avoid excessive wounding and stripping or tearing of bark. Severed limbs shall be removed from the crown of the tree. GLOSSARY OF TERMS (Page number corresponding with first use of term.) Arborist: A person possessing the technical competence through experience and related training to provide for or supervise the management of trees and other woody plants in the residential, commercial and public landscape. (pg. 1 ) Branch: A secondary shoot or stem arising from the main stem or trunk. (pg. 2) Branch Collar: Trunk tissue that forms around the base of a branch between the main stem and the branch or a branch and a lateral. As a branch decreases in vigor or begins to die, the collar usually becomes more pronounced and more completely encircles the branch. (pg. 3) Branch Bark Ridge: A ridge of bark in a branch crotch that marks where branch and trunk tissues meet and often extends down the trunk. (pg. 3) Callus: Undifferentiated tissue initially formed by the cambium around and over a wound. (See woundwood.) (pg. 3) Climbing Spurs: Sharp-pointed devices affixed to a climber's legs used to assist in climbing trees (a.k.a. gaffs, hooks, spurs, spikes, climbers). (pg. 5) Crotch: The angle formed at the attachment between a branch and another branch, leader or trunk of a woody plant. {pg. 10) · Crown: The leaves and branches of a tree or shrub: the upper portion of a tree from the lowest branch on the trunk to the top. (pg. 8) Deeurrent: Round-headed or spreading plant with no main leader to the top of the plant. (See excurrent.) (pg. 6) Drop-Crotch Pruning Cut: A thinning cut which removes the terminal portion of a large branch or leader back to a lateral large enough to assume the terminal role. (pg. 2) Excurrent: Tree with cone-shaped crown with a central leader that outgrows and subdues lateral branches. (See decurrent.) (pg. 6) Flush Cut: A pruning cut made inside the branch collar and branch bark ridge. (pg. 3) Heading Cut: Pruning a currently growing or one-year-old shoot back to a bud, or cutting an older branch or stem back to a stub or lateral branch not sufficiently large enough to assume the terminal role. (pg. 2) Included Bark: Bark that occurs in a crotch between branch and trunk or between codominant stems. Included bark usually prevents the trunk from growing around a branch. (pg. 4) Lateral: A branch or twig growing from a parent branch or stem. (pg. 2) Leader: A dominant upright stem, usually the main trunk. (pg. 2) Limb: Same as branch, but usually larger and more prominent. (pg. 2) Parent Branch or Stem: The tree trunk; or. the larger limb from which lateral branches are growing. (pg. 7) Root Collar: The junction between the root of a plant and its stem, often indicated by the trunk flare. (pg. 4) Scaffold: A large limb that is or will be part of the permanent branch structure of a tree. (pg. 7) Thinning Cut: The removal of a branch at its origin or cutting it or the leader to a lateral large enough to assume the terminal role. (pg. 2) Wound: An opening that is created when the tree's protective bark covering is penetrated, cut, or removed, injuring or destroying living tissue. Pruning a live branch creates a wound, even when the cut is properly made. (pg. 3) Woundwood: Differentiated woody tissue which forms after initial calms has formed around the margins of a wound. Wounds are closed primarily by woundwood. (See callus.) (pg. 3) TREES &l CONSTRUCTION A guide to preservation Department of Planning and Community Development ntroduction Many people are initially drawn to a piece of to disturbance is relatively Iow and often property by the existence of large, mature times special techniques are necessary when trees. In addition to their beauty, trees can working near them. You will find, however, save up to 50 percent of air-conditioning that most of the principles are basic and costs, can moderate noise, and can also surprisingly logical. cleanse the air. There are other benefits as well--some estimates indicate that mature It is hoped that you will find this guide a trees can add $5,000 to $10,000 of value to useful tool. Should you have any questions, a single-family lot. But saving trees during please direct them to the City of Redding, development does not just happen. It takes Department of Planning and Community effort to adequately plan for tree survival and Development located at 760 Parkview to use proper construction techniques. Avenue. Since 1982, the City of Redding has been recognized by the National Arbor Day Foundation as a "Tree City U.S.A." This designation underscores the City's efforts to plant and maintain trees throughout the community. In 1990 the City Council further recognized the value of trees by enacting Redding's Tree Preservation Ordinance (Chapter 18.65 of the Municipal Code). The tree preservation and planting requirements it contains will serve to ensure that trees become an integral part of development planning in the City. This guide has been prepared to assist the developmen't community in understanding the basic concepts of designing with and working around existing trees. It is not intended to replace the advice that can only be obtained from a specialist in the field, but does provide a basic framework from which to look at. trees and the development process. Part 1 outlines the basic steps in formulating a tree protection plan which can be adapted to many types of projects. Part 2 highlights recognized methods which have proven effective by minimizing damage to trees during project construction. The bulk of the information that follows addresses the specific needs of some of our most noteworthy local native tree species, including the blue oak, interior live oak and valley oak. The tolerance level of these trees pART 1 - DEVELOPING A TREE the trees will live for long, given that PROTECTION PLAN they are prone to the development of oak root fungus when watered during the Listed below are some basic steps that can summer months. This is not to say that help to successfully incorporate trees into the the use of "natural" landscaping should development process. They are only not be strongly considered; guidelines in the realization that no two sites or projects are identical. They do, however, · Are the trees tolerant to man-made represent a logical design progression that changes in their living environment? The can be modified as dictated by a particular information in Part 2 of this guide, along project. . with the recommendations of a certified arborist or other professional in the field, Step 1 - Preliminary Tree Delineation will help you in determining whether it will be physically possible to sUccessfully Planning for tree protection must start at the build around the trees. conceptual stage of a project. Basic information should be plotted on a site plan, · Would setting aside a natural area which contains trees provide a buffer between including the general location of trees or adjacent land uses and relief from an stands of trees and the location of streams, otherwise urbanized setting? ponds, or other wetland areas. Topographic information is also invaluable in determining site constraints due to slope and in making an Step 3 - Prepare a Tree Survey initial assessment of potential development impacts to trees. Depending on the size and On most sites it is advised that a tree survey location of the project, a good initial source be undertaken prior to formulating the final of tree location information may be aerial development plan. The survey is particularly photographs. Remember, the goal at this valuable on sites that will require significant stage is to get a feeling for a site, delineating grading as cut and fill operations can have those items which may ultimately determine severe impacts on trees. Common sense, will the preferred locations of roads, buildings, dictate if a survey should be done; and if so, parking lots, etc. how extensive it should be. For instance, in subdivisions where grading will be limited to Step 2 - Identify Trees to be Saved street rights-of-way, a survey of all trees on the site is usually not warranted. The c~uestion at this stage is, Will the design of a project dictate which trees will be saved A tree survey provides very specific or will the existence of trees dictate project information which can provide critical information necessary to successfully save design? In reality, compromise will generally trees. A typical survey would include the be required. There are, however, certain following information: considerations which may help solve this dilemma. · The precise location of trees on the site which exceed 6 inches in diameter at · Are there trees which are unhealthy or 4.5 feet above the ground. structurally unsound? If so, they likely are not worth attempting to save. · The area under the foliage of the tree · Are the types of the trees suitable for the (drip line). proposed land use? For instance, if · The base elevation of each tree shown. native oak trees will be retained in an area planned for lawn, it is unlikely that J SURVEY RATING CHA-RT J I//ISPECIES DBH ; HEALTH I ELEV. I RECOMMENDATION ,,, · I I BLU£ ON( ~' : FNR j 407 : R[IdOV[-WlTHIN RICH! OF WAY ~ 2 I BLUE ~ 20' C~O J 408.5 ' ~VE-RCOT PRUNE NE~ED F~ RICHT OF WAY I 3 I L~ ON( , :~ ~ ~OO I ~08.5 ~ ~ 4 I BLUE OAK ~5' J G~O I 411.2 I ~vE-~OSSIBL[ ~11ON ~TEU Sl J LN[ ~ , F~R I t ~V[-S[~CTN[ ~O TRI~ING S2 J LN[ ~K J ~OD J T ~v[-SE~CTNE ~D TRIM~ING · A chart or table which keys the following information to each tree surveyed. -- species - diameter -- condition/health -- recommendations on saving or removal - any special considerations ', Step 4 - Consolidate Information into J ', a Tree Protection Plan j \ with the tree data described above clearly \ \ 1-"........ shown on a base map, a site and grading plan can be developed which is geared to protect , those trees identified to be saved. It may not ~~ --;- ------T be practical to save all desirable trees. However, with sufficient information the best , ~ 0-I , · ' candidates for survival can be pinpointed. ' ~-'--i --~----~--, The plan can also identify special J construction techniques that will be required (i.e. root pruning, use of retaining walls) to ensure that construction impacts are I minimized. Step 5 - Construction Supervision 2. Each tree proposed to remain should be flagged in the field. This is particularly It is important during the construction important for those trees near any areas process to take steps for the on-site that are proposed to be graded. Ideally, protection and care of those trees selected to protective fencing would be placed be preserved. ,- · 2 of this manual provides around these trees drip lines so that soil specific informc;ion related to potential within the root zone is protected from construction impacts to trees and disturbance. Fencing significantly recommends methods to minimize reduces the possibility of equipment disturbance. Prior to construction, it is operator error resulting in the inadvertent removal of trees or damage to trunks and suggested that: branches. 1. A preconstruction meeting be held at the project site with the project developer, 3. In areas where machinery traffic will contractor, subcontractors, and City occur within a tree root zone, an 8- to .Planning and Public Works staff to 16-inch deep mulch layer should be used discuss which trees are proposed to to prevent soil compaction. remain and to highlight potential problem areas. Tree Protection Roots are the Key MINIMUM PROTECTION ZONE ~ (NO CONSTRUCTION ACTMTIFS) I I I I I (WIDTH OR SPREAD OF LEAVE;Si ROOT CROWN ROOTS EXTEND 1.5 TIMES WIDTH OF DRIPLINE -:3- P A R T 2 R E C O M M E N D E D Problem: Soil Compaction CONSTRUCTION PRACTICES Operating heavy equipment and storing materials under trees can result in soil The-guidelines which follow are based on compaction. Compacted soil prohibits proven methods of minimizing the harmful the natural exchange of gases between effects that construction activities can have the. feeder roots and the atmosphere and on trees, particularly native oaks. First, also restricts water percolation to the however, it is important 'to understand some roots. Inadequate soil aeration can lead basic characteristics of these trees, to the stunting and/or death of roots. The environmental tolerances of mature oaks Remedy: Restrict to the extent possible the are permanently set and changes can weaken use of equipment and/or the storage of or kill them. This is true for both young and materials under trees. VVhere this is not mature trees. For instance, irrigating under feasible, the tree's root zone should be an oak tree for the summer watering of a covered with wood-chip mulch, 8 to 16 lawn or garden can stimulate the growth of inches deep. fungi on the roots of the tree. This often sets in motion the weakening and death of the tree. The most valuable parts of a native tree are the root zone (area of roots) and the root crown (base of the trunk). The oak's root system is generally very shallow with roots extending well beyond the tree's foliage. Typically, the zone extends for a distance of / ' 1.5 times the diameter of the drip line. ii/ Nearly all of the feeder roots are located within the top 1.5 feet of soil. Rarely do I these roots penetrate the hardpan layer \ common to many soils in this area. The amount of soil disturbance that can occur / ,,., within the root zone without serious damage ,, ~ ~ "--~ I occu'rring to the tree varies with the individual I tree. Age, size, species, location, health, and other factors all work to determine the tree's ability to withstand changes which can occur ~ EXTENT Or ROOTS'~' during construction. The best policy, of course, is to leave the root zone area Figure I - This plan sketch of a tree illustrates tr undisturbed. Unfortunately, this is not often lowering the soil grade back to the ddp line on one s, possible, would cut less that 15 percent of the roots; Iowe~fng grade halfway from the drip line to the trunk WOr The following construction activities are eliminate about 30 percent of the feeder roots. those which have the greatest potential to damage or kill trees. Basic techniques which Problem: can be used to limit tree damage are also Excavation (cuts) of soils can destro', noted, substantial number of roots, killing tree or impairing its stability. By way example, lowering the soil on one side the tree to a point halfway from the drip Remedy: Figure 2 illustrates how the use of line to the trunk will eliminate about retaining walls can limit destruction of 30 percent of the shallow roots as the root zone. illustrated in Figure 1. This is significant root loss. Further root destruction Problem: increases the likelihood that the tree will not survive these impacts. Fill materials placed within the root zone present many of the same problems as soil compaction noted above because fills are often compacted. Compacted fills may also trap excessive moisture in the ~ root zone causing root and root crown -~., .... :.~;'~:.' .'. '-' rot. Basically, there is no guarantee that --~'~.;.,~ .~,~,~TTM~I"~''~~ fill can be safely added around trees. ~. Remedy: If there are no feasible alternatives ,. to the use of fill, it is recommended that i"; the following precautions be taken: . ~ w___~= ,._., _~...~.~/~L 1. Remove grass, leaves, and other material that may form an impervious layer when fill material is added. · ' 2. Build a retaining wall no closer than .~1 six feet from the trunk of the tree ~~~! (preferably not within the drip line). · .~'~?[ti~~'-~."~ ~1~ The wall should be several inches higher than the proposed depth of fill (see Figure 3). In addition to being " functional, these walls can lend some pleasant diversity to the landscape. Figure 2 - The use of retaining walls will hold the original 3. Provide an aerating system consisting root in place and serve as a raised planter. The largest of gravel, aeration spokes or a gravel possible area should be left at natural grade. , · . '~'-~:,./,,j~,,~.~:...:_'..~,.,,.~.~j~:.,.. · . ~.~ Figure 3 - A re taining wall ~yf can shorten the toe of a ' ~...:~.,..' " '" s/ope to protect the root Il I zone from encroachment I ~ I '" :" by fill material. A gravel /.,. ,..;."-. channel and vertical vent . . :~' ,~ . . pipe provide aeration, t '5- layer with a system of drain tiles (Figure 4). The Spokes allow the vital exchange of gases to occur. 4. Fill soils should be of a texture and - - structure identical to or coarser than /; the original soil. .~' · Figure 5 - Utility trenching can be stopped when the roots are encountered. ,4 hole is tunnelled underneath the roots. Problem: Pavinq Figure 4 - Gravel aeration spokes (3 - 5 feet in diameter) Paving can cause many of the same provide for theexchange of ga$$es. Each gravel channel problems that are encountered with soil is vented to the surface near the drip line of the tree. compaction. Impervious paving such as asphalt and concrete prevent water Problem:. Trenching percolation and the exchange of gases between roots, soil, and the atmosphere. Trenching is an often-overlooked cause of tree death. Trenching usually occurs Remedy: There are many kinds of paving with the installation of underground which can be compatible with the oak utilities, often severing major portions of environment. For example, porous brick the root zone. with sand joints, gravel, and bark wood can be placed under oak trees and still Remedy: Several methods exist to minimize allow adequate percolation and exchange disturbance of the tree due to trenching, of gases if kept in a shallow layer and Consolidation of underground utilities to dry in summer. a common trench (where permissible under the City's construction standards) Regardless of the type of covering, should be considered. Hand digging is a nothing should be placed within the method which also tends to be less critical six-foot radius out from the base destructive to roots than mechanical of the tree. That inner circle area should trenching. The best choice is to use a always be left natural, uncovered, and horizontal bore as illustrated in Figure 5. dry in summer. When paving is There are contractors locally available absolutely unavoidable, innovative design who specialize in horizontal boring, can provide some partial solutions. -6- Problem: Drainaqe Changes in drainage patterns can result in water reaching the root zone of trees at times when soils should be maintained in a dry state. This is a particular problem for native oak trees which have adapted to the local dry soil conditions of the summer months. Introduction of water can inhibit the exchange of gases in the root zone and can encourage the growth of root and crown fungus. Examples that can lead to drainage Sources of information used for development changes include the construction of of this guide: concrete foundations and footings, streets, and swimming pools downslope · Harris, Richard W., Arboricplture Care of of trees which can act as dams that trap Trees. Shrubs, and Vines in 1;he water. Landscaoe, Prentice-Hall, 1983. Remedy: In areas where construction of · A Technical Guide 1;o Community and improvements may lead to changes in Urban FQrestry in Washin.ql;on, 0reqon, summertime drainage patterns whether and California. Available from: due to nearby springs or irrigation, the use of french drains can be effective in World Forestry Center ' intercepting the flow and routing it away 4033 S.W. Canyon Road from the tree. Portland, Oregon 97221 Table I highlights the impacts and remedies · How 1;o Save Trees Durinq Consl;ruct;ion. described above which can be used to Available from: minimize damage to trees and can be used as a quick reference guide. National Arbor Day Foundation 100 Arbor Avenue Nebraska City, Nebraska 68410 · A Systematic Approach to Buildinq with Tree~. Available from: National Arbor Day Foundation 100 Arbor Avenue Nebraska City, Nebraska 68410 -7- A Mini-Directory of Tree Protection Techniques IMPACT TO TREE CONSTRUCTION AC~VITY ME'FIIODS/TREATMENTS TO MINIMIZE DAMAGE Branch and trunk d,,mage Xnjury from equipment Fence trce~ to cnclo~ Iow brtnches ~nd prol~:t trunk. Report all drayage promptly so arborist can treat appropriately. Pruning for vertical clearance for Prune to minimum height required prior to conatruction. Consider minimum building, traffic, and construction height requirements of construction equipment and emergency vehicles over equipment roads. All pruning should be performed by an arlx)rist, not by construction personnel. Felling tree~ in constr~ction area Require that trees being removed be felled away from, rather than into, protection zones. Root damage or loss Stripping sit,- of organic surf'ncc soll Restrict stripping of topsoil around trees. Any woody vcgctation to be remov&l-,.. adjacent to tree~ shoold be cut nt ground level and not pulled out by equipment, or root injury to remaining trees may result. Digging into topsoil layer and killing Store outside fenced protection zones ~d away from root zones. Place plutlc rool~ while loading piles of soil, sand, tarp, straw, ply~vood, or geotextiic material beneath pile. gravel, etc. towering grade, scarifying, preparing Uae retaining walls with discontinuous lootings to maintain natural grnde u t'tr m~bgradc for fills, structures "' po.ibi¢ .fr_o~ .~t~..Exctv*.~ to fim?h, gr~. by. h,m:l .~d ~t expos! rooa with · saw so a o~a root wrencmng ano snattenng ay equipment, or cut with root pruning equipment. Soll beyond cut face can be removed by equipment sitting outside the driplinc of thc tree. Sobgrnde preparation for pavement U~ paving m&teri~ls requiring · minimum tmoont of excavation reinforced concrct~ inate~ of asphalt). Design traffic patterns to avoid heavy lo,ds adjacent to trees (heavy io~l-be~ng pavements require thicker m,,tcrial ~ subgrnde compaction). Specify minimum subgrade compaction under pavement within root zone. In~tall aeration pipes if nec. ess~.y. Excavation for footings, walls, Design walls/structures with discontinuous footings and pier foundatiora. foundations Excavate by hand near major roots. Avoid slab foundations; us~ post-and-beam footings. Trenching for utilities, drainage Coordinate utility t~ench locations with installation contractors. Consolidate utility trenches by h~nd in aze.~ with root- larger than ! inch ditmeter. Tunnel under woody roots rather th~n cutting them. Curve trenche~ rather than using strai[zht lines. root growth; chronic stress , sp~c,p/m,mmum comp~ctlon (usu,,ll¥ 85%) it' fill will not support · from reduced root systems structure. Provi& · storage ¥~rd ~ad tr,,ftlc me.. for construction ~ctivity well · w~¥ from tree~. Protect soil mrf~..c from traffic compaction with $ inch to 16 inch of wood-chip mulch. Following construction, mulch compacted . htst~ll ~cr~tion v~nt,. Spills ~d wag disposal (c.g. p-;nt, oil, Po~t notice~ on fences prohibiting dumping ~nd di~po~l of w..t~ ~rovnd fuel) Requir~ immcdi~u clmup of ~ccidental spills. Concrete wash-orr m~d w~stc dumping De. signat~ w.h-ovt ~ru. Dig pit ~d rcmov~ -Rcr construction, it' Soil sterilants (herbicides) applied under U~e herbicides sat'c for use tro~nd existing vegetation and follow directions on pavement the label. Xmpervioos surface over soil surface Utilize pervious paving materi,ls (e.g. interlocking bloch set on sam:l). Install aeration ve~ in impervious pavin~. Inadequate soil moisture Rechannelizing stream flow; redirecting -In some ca,es, it may be possible to design systems to allow Iow flows tlxroogh runoff; lowering water table; lower grade normal stream alignments and provide b/pa~s into storm drains for pe~ flow conditions. Provide supplemental irrigation in similar volumes and seasonal - distribution as would normall~ occur. Excess soil moisture Underground flow backup; raising water Fills plac~l acros~ drainage courses must have culverts placed at the bottom table the Iow flow so that water is not backed up before rising to the elevation of the culvert. Study the geolechnical report for groundwater characteristics to sec that w,,lls ~td fills will not intercept underground flow. Lack of surface drainage away from tree Where surface grade~ a~ to be modified, make sure that w&t~r will flow away from the trunk, i.e., that the trunk is not at the lowest point. If the tree is placed in a well, drainage must be provided from the bottom of' the we~l. Irrigation of exotic landscapes ~Som¢ species cnnnot tolerate frequent irrigation required to maintain lawns, nowers, and other shallow-rooted plants. Us~ tree-form mulch m'ca~ or avoid ~ In,,,~_-e__-pin~ under those trees, or utilize plants that do not require irri~ation. Increased exposure Thinning stands, removal of' undcrgrowlh Save groops or clusters of I~'ees when working with species that perform poorly in the open or as single trees. Maintain the naturtl undergrowth. Exce~ive pruning Prune sparingly, especially in at,da of shadz-tolerant species. Remember, ~ leaves manufacture the food --'~'ded for root ~rowth ~nd recover,/f~oii-, shock. Modified from · Technical Guide to Community and Urban Forestry in Washington, Oregon, and California and Tree City USA Bulletin No. 20. 0 City of Bakersfield Greater Bakersfield 2020 Vision Report to Greater Bakersfield Chamber of Commerce April 28, 1999 City of Bakersfield Greater Bakersfield 2020 Vision · Presentation to the City Council · Review by Urban Development Committee · Council adopted the three main principles presented in the report at the March 17, 1999 City Council meeting. City of Bakersfield Greater Bakersfield 2020 Vision · Principle # 1 Business Environment · Team Bakersfield · Kern Economic Development Corporation · Natelson Study - Business attraction and retention · Job Creation - Service Industry (Holiday RV, Stier's RV, Galey's Marine) - Back Office (State Farm, AFSA, and MDS Communication) - Manufacturing (Harvel Plastics, Step2, and Kern Tech) · Bakersfield College Customer Service Academy · Employer's Training Resource - first hire source · Housing and Redevelopment Projects City of Bakersfield Greater Bakersfield 2020 Vision · Principle #2 Infrastructure · Highway Funding - Freeway alignments and adoption of specific plan lines - Kern River Freeway $175,000 - Q Street and Calloway separation of grade projects · Metro Bakersfield Transportation Impact Fee program · Transportation sales tax survey · Amtrak Station · Wastewater Treatment Plant expansion projects · Northeast water supply project City of Bakersfield Greater Bakersfield 2020 Vision · Principle #3 Integrated Approach · 2010 General Plan update · Kern River Parkway plan · Habitat Conservation plan · Fire Joint Powers Agreement · Major Transportation Investment Strategy City of Bakersfield Greater Bakersfield 2020 Vision · City Council Goal Setting session · Continue the visioning process · 2010 General Plan Process - Joint planning/visioning process includes City and County - Formalized effort with tangible results - Promotes input from all segments of the community - Provides guidelines for future development of the community · Separate Visioning process - Could be incorporated into 2010 General Plan process · Identify specific activities or projects to achieve the "Vision" BAKERSFIELD CITY MANAGER'S OFFICE MEMORANDUM March 31, 1999 TO: Urban Development Committee ' ~'" THROUGH: Alanx3~o~Tan_dy, City Manager j ,/ FROM: J~u~L~.~'Stinson, Assistant City Manager SUBJECT: Greater Bakersfield - 2020 Vision Community Development Summit Report The City Council received a presentation on the 2020 Vision Plan by the Greater Bakersfield Chamber of Commerce. The goal of the report was to develop a common vision for the future of metropolitan Bakersfield. The report was referred to the Urban Development Committee of the Council. The Committee recommended that the Council adopt the three main principles included in the report, Which are: · Business Environment - Create an environment which retains and attracts business and industry and improves their long term viability. · Infrastructure - Improve and maintain existing infrastructure and provide new infrastructure to support growth. Prioritize investment in infrastructure that promote cultural, educational, business and social needs of Greater Bakersfield as a catalyst for private investment. · Integrated Approach - Adopt and implement a comprehensive metropolitan plan that incorporates consistent principles that support current and future community needs. The City Council adopted these principles at the March 17, 1999 Council meeting. The City of Bakersfield has been a leader in efforts to address each of these proposed principles in our community. Examples of city efforts in each area include: .Business Environment: The City has implemented a balanced approach to business attraction and business retention. Through the establishment of Team Bakersfield, existing Bakersfield businesses are prSvided S:UOHN~U~z~v~2020 Vision R~mn Memo,wpd extensive technical assistance for any proposed business expansion. Team Bakersfield acts as an ombudsman to ensure a rapid efficient and streamlined permitting process. This has often resulted in substantial savings or improved project design. In addition, the City provides generous financial assistance to existing businesses tied to the generationof full time jobs. With respect to business attraction efforts, the City was a charter member of the Kern Economic Development Corporation. The City continues to be a very active participant in this collaborative business recruitment effort. This outreach effort includes the County of Kern, other Kern County Cities and private sector representatives who combine their resources to present a united front when promoting Kern County's and Bakersfield's competitive advantages. The City has shown it's commitment to these efforts through regular increases in it's financial contribution and active participation in KEDC. Another significant effort coordinated by KEDC is a business attraction and retention study being done by The Natelson Company. The study which is currently in progress, will identify key industry clusters that offer the greatest opportunities for business retention and expansion. It will also define what impediments may exist to what could be an otherwise burgeoning industry. It will also offer a comprehensive overview of the economic structure and provide an oppommity to re-examine our economic structure. The study will provide information that can be used as a valuable economic development tool and provide a focus to future economic development efforts. It is anticipated the report will be available in April of this year. The City has focused on the creation of job oppommities, the range of jobs created and improving the skills of Iow income individuals. Assistance has been provided to service industry companies (such as Holiday RV, Stier's RV, and Galey's Marine), to back office operations (State Farm, AFSA, and MDS Communication), and manufacturing (Harvel Plastics, Step 2, and Kern Tech) to name a few. The City has worked with Bakersfield College in the establishment of a customer service academy which focuses on providing quality employees for the call center industry. We also require that any agreement for financial assistance have a minimum of fifty-one percent of all · jobs created filled by low or moderate income individuals. Additionally the City requires that companies receiving assistance utilize the Employers' Training Resource as a first hire source. This means that displaced workers (due to lay-offs, plant closures, etc.), or individuals that are under-employed are provided employment oppommities. The City has offered a wide an'ay of housing programs. These have included grant programs to assist the disabled by improving the accessability of their home; first time home buyer's down payment assistance; Mortgage Credit Certificates; single and multiple housing rehabilitation; in- fill housing construction; and provision of care and shelter for the homeless. Current priorities call for an emphasis on downtown housing development using not only federal and private funds but also existing redevelopment housing funds. The City has dedicated significant resources to redevelopment of the downtown area to increase S:kJOHNXUrb~D~v~020 Vision R~por~ M~'no.wlxl business activity and attract potential customers to the area. The expansion and renovation of the Convention Center, the completion of the Holiday Inn Select Hotel and the construction of Centennial Garden Arena and Centennial Plaza illustrate the commitment of the City to improving the businesses environment in the downtown. The recently completed Downtown Streetscape project was also an effort to make the downtown more attractive. Additional lighting and the addition of shade trees should make the area more desirable for businesses and encourage more pedestrian traffic in this area. The City has worked closely with the County of Kem and other cities within the county to prioritize and identify funding for road and highway projects. This process has been accomplished through the Kern Council of Governments. The City and County have been involved in reserving future freeway alignments through the adoption of specific plan lines. Funding for the Kern River Freeway project ($175 million) and funds for the Centennial Freeway project ($15 million) have been programmed. In addition the City has been very active in the planning and construction of grade separation projects. Currently we are beginning construction of the Q Street grade separation project and assisting the County with the Calloway Drive grade separation project. The City and County have both adopted a Metropolitan Bakersfield Transportation Impact Fee program which is intended to mitigate the impacts of development by providing funds for regional transportation improvements. These are in addition to the on-site or local improvements required for each project. The City and County have participated in an ongoing public-private partnership with the Kern Transportation Foundation. The City Council has approved participation in a proposed Transportation Sales Tax Survey to evaluate the feasibility of a one-half cent sales tax as a means to fund transportation improvements. The City joins the County, Golden Empire Transit District, KemCOG, and the Superintendent of Schools in contributing funds to the Kern Transportation Foundation for the study. Expansion of two of the City's wastewater treatment plants is currently underway. Several trunk sewer lines are being upgraded as well to accommodate greater sewage flows. This work is funded with developer fees. This again is an effort to properly plan and provide capacity for future growth within our city. The City has a long history of coordination and cooperation in providing for community agricultural and urban water needs. There are numerous agreements with local water agencies and districts which promote coordinated management of our water resources. The City currently is implementing a joint project with California Water Service to construct a new intake plant on the Kern River near Hart Park. This facility will provide water service to the northeast part of the City. It will also provide a more consistent water supply for Hart Park, the Kern Soccer Park and the California Living Museum. A portion of the domestic water demand in the southwest area is met by the 2,800 acre recharge basin. This open space land use facility is used to store water SAJOHI~Urb~tD~v~2020 Viaion IIxT~ M~no.wpd from the Kern River, Friant Kern Canal and the State Water Project for retrieval and use for industrial and agricultural use. Inte_m'ated Approach: This City-and County have jointly adopted the 2010 General Plan which includes the incorporated and unincorporated areas of metropolitan Bakersfield. The 2010 General Plan is the constitutional document governing the physical development of the city with an eye to the future. The plan is the outcome of several years of extensive community input and 'collaboration by the City and County. The 2010 General Plan is the one document that embodies the vision of what Metropolitan Bakersfield should be in the future. City staff is proceeding with an update of the plan, in cooperation with the County, in order to reflect changes in the assumptions that have occurred since it was adopted. Because the 2010 General Plan was adopted jointly by the City and County, both entities will be involved in the update. Past efforts to encourage consistent city and county development, zoning and land division standards will continue. The update of the 2010 General Plan will' include a visioning process incorporating many elements that are included in ~the 2020 Vision report. This process will include creating vision statements for the general plan update using identified public planning issues to give direction to the visioning process. Following the visioning process, specific strategies will be developed to achieve the vision, including specific general plan policies and programs. An extensive community participation process is planned using available technology, workbooks, response forms, and workshops with the Planning Commission. Staff is anticipating use of new technologies such as the interact as part of their public outreach efforts. The City and County have cooperated to address other joint planning efforts including the Kem River Parkway Plan and development of the Habitat Conservation Plan. Current Status; The Urban Development Committee has discussed 2020 Vision report and has recommended the adoption of the three statements of principle in the report. They discussed hosting meetings to provide for public input and information regarding the specific points listed in the report beneath each principle. The County Board of Supervisors on February 23 received the 2020 Vision report and approved the following recommended actions: 1) Direct that the 2020 Vision report be used, as appropriate, to guide the work of boards, committees, commissions, and groups appointed or supported by the Board of Supervisors and whose responsibilities include economic development, land-use planning, and infrastructure related topics; SAIOHI~UrbanD~vL2020 Vision Repoil Memo.wpd 2) Refer efforts to create consistent development standards to the Planning Department; and 3) Approve the 2020 Visionreport as a guiding document for the County's current strategic planning effort. The specific direction as to how further implementation of the Vision 2020 Report will occur is unclear. Representatives from the Chamber of Commerce, have indicated that they would like all the parties to continue the visioning process. It is their desire to further refine the principles listed in the report-. How that is accomplished has yet to be determined. There are concerns that both the City and County are involved with other planning efforts (County Strategic Plan, County 2000 Plan and the Metropolitan Bakersfield 2010 Plan update) which may be duplicated by another visioning process conducted by the 2020 Vision group. In order to avoid duplication of effort it seems that incorporating the 2010 Vision principles and participants in the 2010 Plan update would be the most effective. The 2010 Plan area is the same as the area addressed in the 2020 Vision Report. The 2010 Plan is a joint City/County document that by its very nature integrates mutual agreement on goals, policies and their implementation. The General Plan process also promotes input from all individuals and groups within the 2010 General Plan boundary. Use of the General Plan process will also provide specific results from the visioning process since the General Plan is a legal insmnnent which provides specific guidelines for the development of the community which must be followed. The Chamber of Commeme has indicated they may choose to conduct a continuation of the visioning process separate fi.om that of the General Plan update with the City and the County in the process. If that were to occur, the results could still be incorporated with the 2010 General Plan update as an additional source of public input. The Chamber is currently considering both options. They have scheduled an additional half day planning meeting for April 28th and have invited representatives fi.om both the City and County to present information on the efforts each have made regarding the Vision 2020 principles. Staff will be attending the meeting and provide information similar to that included in this report for consideration by the Chamber. The Chamber has also requested that an' elected official also attend. The Chairman of the Urban Development Committee has indicated that he would be available to participate since the Committee has been reviewing the 2020 Vision process. Reeomm,ndation: Either option can work effectively and the City can participate in either process. Should the process be chosen to proceed with a visioning process outside the General Plan it would be good to identify some number of specific activities or projects at the end of the process that would help achieve the "vision." cc. Honorable Mayor and Members of the City Council S:klOHN~UrbanDevk202(~ Vision Report Memo.wpd ADMINISTRATIVE REPORT I I MEETING DATE: February 24, 1999 AGENDA SECTION: New Business ITEM: 12. b. TO: Honorable Mayor and City Council FROM: Development Services - Planning DEPARTMENT HEA~_._~.~_/~ DATE: February 5, 1999 CITY ATTORNEY// CITY MANAGER.~~ SUBJECT: An ordinance amending Sections 16.52.010, 16.52.020 and 16.52.030(A) of the Bakersfield Municipal Code relating to appeal filings for subdivision maps and extensions of time. RECOMMENDATION: Staff recommends first reading. BACKGROUND: Proposed ordinance changes define parameters for appeals to Planning Commission decisions on subdivisions and subdivision extensions of time. Existing law (Exhibits "B" and ~C") regulates the appeal process and issues which can be considered for these two types of actions. Proposed ordinance changes provide consistency between our local subdivision ordinance and State law, and provide implementation measures to review appeals for acceptance. On January 21, 1999, the Planning Commission recommended approval of this ordinance. Roger Mclntosh (Martin-Mclntosh Engineering) spoke in opposition to this ordinance stating that it is not needed. Proposed changes to existing wording are shown in the attached Exhibit "A." New wording is shown in italics, text deletions are shown as being lined out. A summary of the proposed changes is as follows: · The proposal separates the appeal process for land subdivisions and subdivision extensions of time as stated in State law. · Appeals on subdivision extensions of time are limited to denials or to new conditions added to the map which the applicant did not agree to. (State Map Act (SMA) Section 66452.6(e) and 66498,1(c)) February 10, 1999, 11:33AM ADMINISTRATIVE REPORT · Separate appeal pedods are provided for subdivisions and extensions of time (10 days and 15 days respectively) pursuant to SMA Sections 66452.5(a) and 66452.6(e). · Appellants are required to state exactly what the subject of the appeal is and reasons for the appeal. · Proposal eliminates appeal of ordinance or resolution requirements which Cannot be changed unless the ordinance or resolution itself is changed (example - park fees). · Proposal provides Development Services Director authority to review appeal applications for compliance with appeal process. These changes are the result of the following problem areas which have been encountered by Council, Planning Commission and staff. 1. Although State law sets forth various appeal sections, the existing city ordinance needs further clarification to distinguish between the appeal procedure for subdivisions and extensions of time. 2. Applicants have appealed ordinance requirements which the Council cannot take action on in the appeal hearing setting. 3. Applicants have obtained approval from the Planning Commission and agreed to conditions, only to appeal the Commission decision to the City Council. Proposed text changes, consistent with the Subdivision Map Act and case law would eliminate this possibility. 4. Currently, no particular person is identified to review the appeal application for completeness and acceptance. Proposed text authorizes the Development Services Director to provide this review. 5. The focus on the appeal of new conditions in 16.52.010 B. is to eliminate the possibility of applicants using the extension of time process to redesign the subdivision. A process which requires a revised tentative tract pursuant to BMC Section 16.16.080 G. The role of the decision making body regarding extensions of time for vesting ma_Ds is defined in SMA Section 66498.1(c) (see Exhibit "B") and in court cases (see excerpt from Curtin's California Land Use and Planning Law (Exhibit "C"). Court decisions also support the staff requested inclusion of wording in 16.52.010 B that only allows an appeal of new conditions if the subdivider does not agree to conditions imposed through the extension process. If the subdivider agrees, he or she cannot later challenge the validity of that condition. Staff recommends approval of proposed text changes as presented. Exhibits: (attached) A. Itemization of proposed ordinance changes B. Subdivision Map Act Sections 66552.6(e) and 66498.1(c) C. Excerpt from, 1998 edition of Curtin's Land Use and Planning Law regarding the Legality of Conditioning Extensions D. Proposed Ordinance E. Minutes from Planning Commission hearings (JU:pjt) (admin\feb~-24-ords) February 10, 1999, 11:33AM ORDINANCE NO. _ AN ORDINANCE AMENDING SECTIONS 16.52.010, 16.52.020 AND 16.52.030(a) OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO APPEAL FILINGS FOR SUBDIVISION MAPS. WHEREAS, the City Council of the City of Bakersfield desires to promote orderly development by clarifying the appeal procedures for subdivision maps processed pursuant to Chapter 16 of the Bakersfield Municipal Code; and WHEREAS, the City Council desires to implement a procedure whereby subdivision map appeal applicants are notified that certain ministerial/nondiscretionary matters which are imposed upon subdivision approvals are not appealable to the City Council; and WHEREAS, the City Council desires to provide the Development Services'Director with the authority to review appeal applications to determine whether issues appealed from Planning Commission subdivision map approvals are appealable pursuant to the provisions adopted herein. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 16.52.010 of the Bakersfield Municipal Code is hereby amended to read as follows: Section 16.52.010. A. The subdivider, the City Engineer, the Planning Director, or any person adversely affected by a decision of the advisory agency approving or denying a tentative map or vesting tentative map may file an appeal from such decision to the City Council. B. The City Engineer, the Planning Director or any member of the public adversely affected by a decision of the advisory agency approving an extension of time for a tentative map or a vesting tentative map may file an appeal from such decision to the City Council. Pursuant to Government Code section 66452.6(e), if the advisory agency denies a subdivider's application for an extension of time for a tentative map or a vesting tentative map, the subdivider may appeal such decision to the City Council. No dght to appeal shall exist for the subdivider from an extension of time which has been granted by the advisory agency, except where an extension of time for a vesting tentative map has been conditioned by the advisory agency and the subdivider did not agree to the new condition(s), in which case such right to appeal shall be specifically limited to such new condition(s) imposed. Section 16.52.020 of the Bakersfield Municipal Code is hereby amended to read as follows: Section 16.52.020. A. An appeal from a decision approving a tentative map or a vesting tentative map, shall be filed on forms provided by the City with the City Clerk of the City Council within ten (10) days after the action of the advisory agency from which the appeal is being taken. B. -An appeal from a decision for an extension of time for a tentative map or vesting tentative map shall be filed on forms provided by the City with the Clerk of the City Council within fifteen (15) days after the action of the advisory agency from which the appeal is being taken. C. The appeal shall include the appellant's interest in or relationship to the subject property, the decision or action appealed and shall state specific facts and reasons why the appellant believes the decision or action from which the appeal is taken should not be upheld. D. No right of appeal to the Council from the advisory agency decision shall exist when the appellant seeks to appeal any ministerial/nondiscretionary ordinance or resolution requirement which, when imposed, does not involve the exercise of discretion or personal judgment. E. The Development Services Director, or his designee, shall review the appeal application and shall determine whether the reasons stated therein for appeal are matters concerning any ministerial/nondiscretionary City ordinance or resolution requirement. F. Where the Development Services Director, or his designee, determines that the appellant seeks to appeal a ministerial/nondiscretionary City ordinance or resolution requirement, or a matter deemed not appealable under Section 16.52.010(B) or other applicable law, the Development Services Director, or his designee, shall notify the appellant that such specific matter cannot be appealed. The Development Services Director shall also notify the Clerk of the City Council of such determination. G. Where the determination of the Development Services Director, or his designee, is that a specific matter stated in the appeal application is appealable, the City Clerk shall be notified of such determination and shall follow the procedures set forth in Section 16.52.030. SECTION 3. Section 16.52.030(A) of the Bakersfield Municipal Code is hereby amended to read as follows: Section 16.52.030 A. Upon the determination and notification of the Development Services Director, or his designee, that a matter is appealable, the City Clerk shall set that specific matter for hearing upon notice to the subdivider, the advisory agency, and affected interested persons. I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: EXHIBIT "A" The proposed amendments affect BMC Sections 16.52.010, 16.52.020 and 16.52.030(A). Proposed changes to text wording are shown below. Proposed text deletions are shown as being lined out. New text is depicted in italics. 16.52.010 Who May File. A. The subdivider, the City Engineer, the Planning Director or any ~ person adversely affected by a decision of the advisory agency approving or denying a tentative map or vesting tentative map may file an appeal from.such decision to the City Council. B. The City Engineer, the Planning Director or any member of the public adversely affected by a decision of the advisory agency approving an extension of time for a tentative map or a vesting tentative map may file an appeal from such decision to the City Council. Pursuant to Govemment Code section 66452. 6(e), if the advisory agency denies a subdividers application for an extension of time for a tentative map or a vesting tentative map, the subdivider may appeal such decision to the City Council. No right to appeal shaft exist for the subdivider from an extension of time which has been granted by the advisory agency, except where an extension of time for a vesting tentative map has been conditioned by the advisory agency and the subdivider did not agree to the new condition(s), in which case such right to appeal shall be specifically limited to such new condition(s) imposed. 16.52.020 Filing. t;,'t~,,o,,,,, ,.,, ti~ ,,~, ,= r~ap, o, ,o,, A. An appeal from a decision approving a tentative map or a vesting tentative map, shaft be filed on forms provided by the City with the City Clerk of the City Council within ten (10) days after the action of the advisory agency from which the appeal is being ta. ken. B. An appeal from a decision for an extension of time for a tentative map or vesting tentative map shaft be filed on forms provided by the City with the Clerk of the City Council within fifteen (15) days after the action of the advisory agency from which the appeal is being taken. C. The appeal shaft include the appellant's interest in or relationship to the subject property, the decision or action appealed and shaft state specific facts and reasons why the appellant believes the decision or action from which the appeal is taken should not be upheld. D. No right of appeal to the Council from the advisory agency decision shall exist when the appellant seeks to appeal any ministerial/nondiscretionary rule, po/icy, _ standard or Municipal Code requirement which, when imposed, does not involve the exercise of discretion or persona/judgment. E. The Development Services Director, or his designee, shall review the appeal application and shall determine whether the reasons stated therein for appeal are matters concerning any ministerial/nondiscretionary rule, policy, standard or Municipal Code requirement. F. Where the Development Services Director, or his designee, determines that the appellant seeks to appeal a ministerial/nondiscretionary, rule, po/icy, standard or Municipal Code requirement, or a matter deemed not appealable under Section 16. 52. 010(B) or other applicable law, the Development Services Director, or his designee, shall notify the appel/ant that such specific matter cannot be appealed. The Development Services Director shall also notify the Clerk of the City Council of such determination. G. Where the determination of the Development Services Director, or his designee, is that a specific matter stated in the appeal application is appealable, the City Clerk shall be notified of such determina_tion and shall follow the procedures set forth in Section 16. 52. 030. 16.52.030 Hearing - Notice to Subdivider - City Council Decision. A. Upon the determination and notification of the Development Services Director, or his designee, that a matter is appealable, the City Clerk shall set that specific matter for hearing upon notice to the subdivider, the advisory agency, and affected interested persons. B. Such hearing shall be held within 30 days after the.date of filing the appeal unless the subdivider consents to a continuance. C. Within 10 days following the conclusion of the headng, the City Council shall render its decision on the appeal. 16.52.040 City Council Action and Findings. The City Council may sustain, modify, reject or overrule any recommendation, finding or ruling of the advisory agency and shall make appropriate findings. Res~oords-cce2 2 Subdivision Map Act -, u am.no.o j~nUW~ ~, ~ ~g8 EXHBIT tlm=~e mm uDon nl~,'mml time limit. -mm mare to construct, i--- T----..'" .,.....m, Me.ny-nye trasman, do#am (S12~.000! or inl~Ovements ...--...~-~._..:~vv_u. ur .nan~e' me conmrucnon or imtmwemem of nuOlic · ,,,.~-me [ne properly oolalaal~el of the ! · . ~ · momvemems of u~' · . enrage ma~_ excmcl Smd~-~,--- .-, !?~ ngf.~ot~l¥ whkm ~ut me Ooura:la~ ot mo oron-.,v --~-.---~. u[ ~uuumona.y . ~ t tho . . .__ ap~rovea temalwe ma~ by' 36 mmm'm from m · =.wuauan, a3 Dl'OViaeel ~- .- ...... · aale of its ..~,.,. ........ -, ,,a secaon, or me aam of trio previoua~ films finsu agllement. 13ut not 13--ne ~e~"~~e°J°r .,e penoa of time proviae4 for m the a~,v,~., ........ -,, ummmme~ oy me a0vts~y aom~v at Iff, ,i.,. ,.0 · Ttm amoum of one nun.ma ~--~ ~ - · · !ncma~ea by tile raa~t~, of ,..--"-~'-""'"r"v.." ma_.uaana.aoaam (S125.0001 sMII be aama m ~ danuan/meean- ~- :T'. -'/---'" -tommee ay me ~tam/Uk:caaon ~. , n, ac~usunent 13y ttm regn~ar of canUlCmrS rmall be ~~ comeml~a~%~Ym°~,~a" t~ata~a .~.'mg m__om_ ~ 313 ?amrmar aays. after anal vemmn re-*-- ....... ?~"""""~' ~n. e_,,__,~_ea amount sl~aa aag~y to dale of ~e aajuslm;~ .... , ,,,~a= whale applcalmns were recmvea aRar me effec'~,m ',- (b) (I) The ~enoa of time sm~:=fi~ in su0aivismn <a), ~ any exzens~on · ttmm~ granma purm~am to suoaJvtaion (e), shall nat tnc~uae any penaa of time ounng wmcn a oavemomem mormonum. ;rn~ea aRer approva~ of the tamauve mao, ~s 'an em~2)' H~v~ele~e~f~of--.momtonumsnaanotexc.e~fiveyearL · ~,~ru~ ar rune ~ in para 1 years, t~m in no .vem =,n,,~.,, _, ......... ?~_grapn..¢ ) .s~lbeexzm,:~ ioru; m mine ....... ~. uumea. ~e exmt - - - y nmmmma~ m mo temamm m.n ence or appacaUo~.of a devmo~mem (3) ---"-~' imm,et Haw. vet, ~f me "" """ .~a ~_on .me m~ at me time mas me moramnum wu ~ of __ mofammm~ "-----,--, tw, =ne, nm mauae ~e penoa of time aUnng agency for a =,~, ...... :.,--:-_. __ ~ ag-nc!r, me eutmivider ~ to ffi aaer re(=.~,im, ~e - · · _ .L -- agency's ~ proceaures. VVitNn 40 dan ....... = ~ me mom agency shad either 8ray me time pe,od for up fire year. or deny ~e reclueamd stay The local agency may. bY o '. pmc!~ure~ for revtewin, rtl- ,~.-----' .......... . __ minance es'd~fish reqummems, appeaJ p"~,.T.;,-,.~'~__"~q"?x.x.x.x-g.: .om not Hrrdmd to. nm and hea.ng ............ mau or pmcm ma~ ~ au or any 1xram ot me mm - =~ or ~o,~on of ~..~der fil. prior ,o me e~on of me s~ for ~ pe~ ot ~me ~ ~ 8 ~m ~ ~ ~ ~ or ~ ~ ~ L~~ P~ or a~ iff ~g me n~ a=ofl pnor to "~ ,~ h ~mm mo~ =~ m t~ ~~ ~ be c~m me rem -m-~~ ~/~m m~ me 0~.~ ~ o~ or ~~]2~ ~ r~m of ~e m~ for me f~ or ~ e~ ~ ~ ml~. ~ ~ to ~e 8~. a ~n offer Qr om. ~,- -.-. --- ~] s~ ~ for ~ i~ ~e ~ ~ ~ ~ "~ '"~~~~~Ofl~ ~ for e~ ~--- ~- --:~-~ -- "~ "'" u.~ m~ ame pe~ s~ '~~~~" ' ~-e a~ for n~m ........ ~. ~,~m~me~ =~~ ....... ,.~ .? ~t~m ~ mr a gm~ pe~ or for o~ or ]M Alrkou~h ~"Jm'~g ~ exm~on o£ ~e team- five romp is ~euo~ ~d~ ~ Code ~lifornia ~nd Use and Nanning Cm ~, 110 ~ ~ td 911 (19~). HP~ D~el J. C~, Jr. i~of~~~ C~ of I~ g ~D~ 19 ~H~ff C c~fion ,- c~ ~r. if ~e ~d~ d~ not ~ m e n~ con~fion. ~e ~ ~d d~ · e e~cmion if ~e ci~ c~ m~ finding, . · ~ end &e ~d~ ~dd be ~ m a~ren~~~m~~ (1985). Howler, this c~ot EXHIBIT "D" ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 16.$2.010, 16.52.020 AND 16.$2.030(a) OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO APPEAL FILINGS FOR SUBDIVISION MAPS. WHEREAS, the City Council of the City of Bakersfield desires to promote orderly development by clarifying the appeal procedures for subdivision maps processed pursuant to Chapter 16 of the Bakersfield Municipal Code; and WHEREAS, the City Council desires to implement a procedure whereby subdivision map appeal applicants are notified that certain ministerial/nondiscretionary matters which are imposed upon subdivision approvals are not appealable to the City Council; and WHEREAS, the City Council desires to provide the Development Services Director with the authority to review appeal applications to determine whether issues appealed from Planning Commission subdivision map approvals are appealable pursuant to the provisions adopted herein. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 16.52.010 of the Bakersfield Municipal Code is hereby amended to read as follows: Section 16.52.010. A. The subdivider, the City Engineer, the Planning Director, or any person adversely affected by a decision of the advisory agency approving or denying a tentative map or vesting tentative map may file an appeal from such decision to the City Council. B. The City Engineer, the Planning Director or any member of the public adversely affected by a decision of the advisory agency approving an extension of time for a tentative map or a vesting tentative map may file an appeal from such decision to the City Council. Pursuant to Government Code section 66452.6(e), if the advisory agency denies a subdivider's application for an extension of time for a tentative map or a vesting tentative map, the subdivider may appeal such decision to the City Council. No right to appeal shall exist for the subdivider from an extension of time which has been granted by the advisory agency, except where an extension of time for a vesting tentative map has been conditioned by the advisory agency and the subdivider did not agree to the new condition(s), in which case such fight to appeal shall be specifically limited to such new condition(s) imposed. Section 16.52.020 of the Bakersfield Municipal Code is hereby amended to read as follows: Section 16.52.020. A. An appeal from a decision approving a tentative map or a vesting tentative map, shall be filed on forms provided by the City with the City Clerk of the City Council within ten (10) days after the action of the advisory agency from which the appeal is being taken. B. An appeal from a decision for an extension of time for a tentative map or vesting tentative map shall be filed on forms provided by the City with the Clerk of the City Council within fifteen (15) days after the action of the advisory agency from which the appeal is being taken. C. The appeal shall include the appellant's interest in or relationship to the subject property, the decision or action appealed and shall state specific facts and reasons why the appellant believes the decision or action from which the appeal is taken should not be upheld. D. No right of appeal to the Council from the advisory agency decision shall exist when the appellant seeks to appeal any ministedal/nondiscretionary ordinance or resolution requirement which, when imposed, does not involve the exercise of discretion or personal judgment. E. The Development Services Director, or his designee, shall review the appeal application and shall determine whether the reasons stated therein for appeal are matters concerning any ministerial/nondiscretionary City ordinance or resolution requirement. F. Where the Development Services Director, or his designee, determines that the appellant seeks to appeal a ministerial/nondiscretionary City ordinance or resolution requirement, or a matter deemed not appealable under Section 16.52.010(B) or other applicable law, the Development Services Director, or his designee, shall notify the appellant that such specific matter cannot be appealed. The Development Services Director shall also notify the Clerk of the City Council of such determination. G. Where the determination of the Development Services Director, or his designee, is that a specific matter stated in the appeal application is appealable, the City Clerk shall be notified of such determination and shall follow the procedures set forth in Section 16.52.030. SECTION 3. Section 16.52.030(A) of the Bakersfield Municipal Code is hereby amended to read as follows: Section 16.52.030 A. Upon the determination and notification of the Development Services Director, or his designee, that a matter is appealable, the City Clerk shall set that specific matter for hearing upon notice to the subdivider, the advisory agency, and affected interested persons. ......... o0o - ~ .... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROVVLES, SULLIVAN, SALVAGGIO NOES: COUNClLMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED BOB PRICE MAYORoftheCityofBakersfield APPROVED as to form: OFFICE OF THE CITY ATTORNEY BY: CARL HERNANDEZ Assistant City Attorney res\oords JU/pjt February 5, 1999 EXHIBIT "E" Excerpt f~om Planning Commission minutes of January 7, 1909 12. PUBLIC HEARING - ORDINANCE AMENDMENT (City of Bakersfield) Staff reported that there was no new information since Monday. Roger Mclntosh with Martin Mclntosh Engineering stated that he has reviewed this proposed ordinance and he questioned the reason for, or the need for it. Mr. Mclntosh questions: 1) the ability of the City Engineer or the Planning Director to appeal a decision of the Commission, if the City Engineer and the Planning Director and Staff are already involved in that process why does the City Engineer or the Planning Director have the ability to appeal an action by the Planning Commission? 2) He also questions the part that states no right of appeal to the Council from the advisory agency decision shall exist when the applicant seeks to appeal any ministerial/non-discretionary rule, policy, standard or municipal code requirement which when imposed does not involve the exercise of discretion or personal judgment. It goes on to allow the Development Services Director to review the appeal, application, and he or she shall determine whether the reasons stated therein for appeal are matters conceming any ministerial/non-discretionary policy standard or municipal code requirement. I am not sure how the Development Services Director can be aware of what all the policies are because during the day-to-day practice of processing developed lands in the subdivisions, we are constantly faced with unwritten policies, department policies, sometimes we don't even know that they are policies unless something comes up and we are told that this is a department policy, He questions the ability of the Development Services Director to take an appeal, withdraw ir, or not allow it, to go forward. It gives a lot of power or ability to do that, and I think that needs to be looked at closely. The rights to appeal, and what can be, and cannot be appealed, are already covered in the state law Subdivision Map Act. Current state law does not allow it, and I don't think a local ordinance is needed or necessary to reiterate something that's already there. There is even some discussion in the ordinance that reiterates State law if, for example, down the road, state law changes then now you have an ordinance on the books locally, and we will be faced with trying to explain why the local ordinance is appropriate since state law has changed. Mr,. Mclntosh stated he thinks the ordinance is unnecessary and the Commissioners should discuss this further or review it closer, before it is passed on to the Council. Mr. Hernandez stated that this ordinance change was initiated by Staff, the City Manager's Officer, and in conjunction with a recent appeal that had been brought before the City Council, where the City Council was unable to grant requests that were being appealed, and the City Council was not happy having applicants come before them, and being told that they couldn't do anything. The City Engineer and the Planning Director's power to issue an appeal is consistent with the Subdivision Map Act. The rights to appeal are covered under the Subdivision Map Act; however, that does not preclude the City from enacting an ordinance which clarifies and is consistent with the provisions of the Act, and we have made sure that those provisions are consistent with the Subdivision Map Act. Finally, we hold public hearings for extensions of time. Public headngs are not required under the Subdivision Map Act for extensions of time, and if we hold a public hearing, we have to have an appeal right for somebody who may be adversely effected; so we wanted to clarify that in our ordinance. DRAET Exhibit "E" PC Minutes 1-7-99 Page 2 Commissioner Brady questioned whether the ordinance as written would provide due process as it is written, and therefore cannot support it. Mr. Grady suggested they may want to work with the language, because there are situations with respect to review of projects where we exercise this same kind of authority, and there is not a due process issue associated with it, because what we are doing, is measuring, for example, application completeness against a set of criteria. Using the words ministerial and non-discretionary makes it sound like there's going to be some judgment process that is involved where you go through that. Those are just our code words to mean that if it's in the ordinance and the ordinance requires it, then you can't appeal it, and if we have to write the language differently and associate the guy who has the authority to tell you that differently we could do that. There are ordinance requirements that are not debatable. There is no process for doing that. You either comply with the sections in the ordinance or you don't. There's no appeal to it. Commissioner Dhanens questioned how it happens if there is a Subdivision Map Act out there, and you have subdividers appealing non-discretionary conditions to the City Council. He inquired if there were provisions within that would prevent those types of appeals from reaching the City Council in the first place and creating this frustration on their part. Mr. Grady responded that you have local ordinance, Subdivision Map Act, and then you have the political process, and all three of those operate and effect decision making. The subdivision Map Act does provide some specific direction in doing things, but there are times when it is interpreted that the Council has more latitude with respect to how those things are applied. And they exercise that. They exercise their political options with respect to applying these ordinances. They are equally concerned about us bringing appeals to them to conditions that put them in a position of looking like they are playing favorites when they grant it, because the ordinance says you absolutely must do this, and the applicant is wanting to appeal it. We are trying to provide clear and distinct language that indicates what is appealable and what is not. Commissioner Dhanens also questioned the inclusion of the word "policy" in section D, E and F, .020. Mr. Grady responded that this is an amendment to the Subdivision Map Act section, which under the Act has specific requirements for complying with the General Plan. The "policy" that we are referencing here may not be clearly stated that we are talking about policies of the General Plan. We're not talking about some obscure language that sits someplace on our desk. Mr. Hernandez added the response that there are some policies that would include those that are used by Public Works Department to make decisions on roads, streets, street lights, CalTrans manuals, and other policies and regulations that they use to make decisions. Commissioner Dhanens questioned why those things cannot be appealable? Exhibit "E" PC Minutes 1-7-99 Page 3 Mr. Hemandez responded that for example if the Public Works Department take a look at a particular subdivision and they say a road needs to go within the particular subdivision for health, safety and traffic masons, and they make that decision based on a CalTrans manual, or some type of policy that warrants that type of road, that in my opinion would be a non-discretionary rule that they are making a decision based on non- discretionary policy or rule, and that shouldn't be appealable. Commissioner Dhanens further questioned that from a Public Works standpoint, you could have a document, or manual, or book from an architectural or planning standpoint that if planning staff were to refer to that and make a decision based on that, that's a professional judgment of whoever created that document that might be different from the professional who is submitting the application for the development plan, and if there is a difference of opinion between staff and the applicant, then maybe that is something that needs to be heard at the City Council level and it would be appealable. Unless the CalTrans manual is adopted in the Municipal Code somehow, it seems to me that the policies are appealable issues, because they are differences of opinion between maybe professionals about planning issues, Or building issues, or Public Works issues. Mr. Hemandez agreed with Commissioner Dhanens on that point where there is a difference of opinion between professionals, and where a staff has the ability to exercise discretion. That's where discretion is involved. They have a choice as to what is applied. In many cases, for health and safety purposes, many of the Public Works policies and regulations require that for traffic safety purposes that their decisions be based on cdteria that has been established for health and safety purposes. Commissioner Boyle asked if the City Council cannot legally grant a waiver to a Municipal Code requirement. Mr. Hemandez stated that if you have a Municipal Code requirement that is generally applicable to all development, and there is no discretion granted for waiver or otherwise, that is correct. If it has been adopted by Resolution it has the legal effect of law, and in that case the City would not have the discretion to change. Commissioner Boyle commented that if it is illegal for the City to grant a waiver, then he agrees 100% that there is no reason the City Council should have these items on their Agenda, and the trouble is when the applicant comes up and pays his filing fee, it's a clerk. They have no idea. Their job is to accept the application, and it's accepted, and then somebody hirer up says you can't appeal that; that's a Municipal Code requirement. He thinks it makes a lot of sense to give someone the authority to take it off the Agenda, notify.the applicant why it's taken off and if they disagree that it's a Municipal Code requirement I suppose they can always file a Walt of Mandate. On things that may be policies, other than General Plan policies, or rules that have not been adopted by resolutions where the City Council has the discretion to grant a waiver, even though it may not be a good idea, and even though it may open them up to potential liability, I think they ought to have the right to ask the City Council to do it. Ms. Shaw commented that from a Public Works standpoint, if it is a decision that requires engineering decision that a political body made of non-engineers, if it is an engineering decision, I do not feel that the City Council has the authority to overrule that. DRAFT Exhibit "E" PC Minutes ~-7-gg Page 4 Commissioner Sprague thanked Mr. Mclntosh for bringing this issue before the commission. He feels this is another layer of bureaucracy that we add to already troublesome policy, and gives a planning director the power to say "yes" or "no." He agrees that this hinders due process for making appeals, and thinks this is unnecessary. Mr. Grady stated that he has no interest in exercising Gestapo tactics. We are talking about one aspect of the decision making process that we present to you. That is the Subdivision Map Act, and not effecting a whole lot of other decisions. The Subdivision Map Act is a more particular process. We need an ordinance that clarifies what the appeals process is. Maybe the language needs to be m-evaluated. Mr. Hemandez stated that they don't have a concern with due process, because they are talking about the lack of success of something brought by appeal or writ of mandate and would not place the City with any liability exposure, because you cannot appeal something, or seek a walt of mandate of something that is required by law. If the City Council is required to impose, or the Planning Commission required to impose a certain condition, and you have no discretion to change it, then them is no court in this state that is going to get you to do otherwise. He sees no due process problem. Section 16.52.020.d and .e regarding rules, policy and standards might be able to be' narrowed to state "Municipal Codes and Resolutions". Commissioner Brady recommended that staff clean it up so it is clear as to exactly what will be ruled on in this process. Commissioner Dhanens questioned whether the Commission treed to apply engineer standards that they should not be. Staff had no comment. Commissioner Boyle stated that he does support the ordinance, and would give staff the option to reword the language. If the Council can't change the standard then there's no need for an appeal. Mr. Grady asked that this be continued to the next meeting. Commissioner Brady moved that this be continued to the next' meeting. Seconded by Commissioner Boyle. Motion carded. EXHIBIT "E" Excerpt from Planning Commission minutes of January 21, 1999 9. PUBLIC HEARING - ORDINANCE AMENDMENT (City of Bakersfield) Staff report given. Roger Mclntosh of Roger Mclntosh Engineering reiterated that lack of need for the ordinance, because the provisions are already covered in State law and this is just another level of rules and regulations that really isn't required. Commissioner Sprague expressed his concerns with the appeal dghts hindering du~ process, and does not support the ordinance amendment because he think it hinders due process. Commissioner Dhanens commented that if there is nothing preventing submission of an appeal then the decision appealed from could be changed by City Council, to which staff affirmed. Commissioner Dhanens acknowledged that if they want to keep those non-discretionary issues from reaching the City Council staff would need to have this ordinance in place, to which staff affirmed. Commissioner Boyle stated that he would be in support of this ordinance. Mr. Grady confirmed that the Planning Commission would not have the authority to change an ordinance or resolution because that's a legislative act, and the only way to do that is to get the Council who acts a as legislative body for the City to change the ordinance or the resolution. The process for an individual is to go the Council member who perhaps is the individual ward council member and request the change. Other than that, there is no process where you go through staff, because ordinances are initiated either by request from the City Council to staff or directly from the City Attorney to the City Council. Mr. Grady further stated that the appeal is to not have the ordinance apply to the development that's in question. There was a debate over the appeal process. Commissioner Brady prefaced his support for the ordinance as amended by the memorandum of January 19, 1999 by concluding that this matter was directed from the City Council, and' they are the policy making body for the City, and they are the ones that have the ability to determine how the ordinance process will work, and because the language has been sufficiently tightened to eliminate the real non-discretionary matters. Commissioner Dhanens questioned if a member of the public can direct the Planning Commission to initiate an ordinance change, to which Mr. Grady replied that yes, they can appeal to the Council or the Commission. DRAFT Exhibit PC Minutes 1-21-99 Page 2 Commissioner Dhanens concluded that the appeal is not the only way that an individual or an applicant can try to initiate an ordinance change in the City, to which Mr. Grady a~rmed. Commissioner Boyle inquired if the $37'5.00 appeal fee was refunded if the appeal was determined to be non-appealable, to which Mr. Grady respondedthat it is not in the ordinance, but that was standard practice. Commissioner Sprague expressed that this denies due process. Mr. Hardisty commented on the current appeal situation. Mr. Grady confirmed Mr. Brady's question that staff tells applicants they may have to appeal an ordinance to meet their specific needs. Commissioner Boyle moved to adopt the Resolution Exhibit A, approving the proposed text amendment to Bakersfield Municipal Code, Chapter 16.§2, and including the changes contained in the January 19 memorandum from Stan Grady, Planning Director. Seconded by Commissioner Dhanens. Motion carried by unanimous roll call vote. exc1-21