Protection of City Trees Forces Council to Face Reality on Code Enforcement Reform- Council Comes to Terms With Need to Act "Enforce It or Change the Ordinance"

July 31^st Council Meeting may come to be known as the day Maturity arrived at City Hall…..Even the young inexperienced Councilman Hughes may have come to realize that Code Enforcement is part of the Balancing Act that keeps Individual Property Rights in line with serving the Greater Good of the City.

FINALLY….. The fear of the Class Action Law Suit filed against the city was put in proper perspective when the City Shade Tree Ordinance was presented before the Council…..The Law Suit reveals a glitch in human behavior…..Yes some representative of the city may misspeak or inadvertently fail to act in a way…..  that pleases every resident ….. But most certainly it should not be allowed to tie the hands of the City Council…..Preventing the Council from moving forward on promised Code Enforcement Reform.  The Council should be guided by sound legal principles…..But it should not permit Lawyers to take control on how the city is to be managed. No doubt individual council members should exercise self- restraint in interjecting themselves in the middle of a legal process confronting the city…..Thereby in effect mudding the waters as they attempt to act as mediators in a civil process that should only be influenced by the entire Council acting to guide city management. (I am referring to Mr. Almquist speaking directly to attorney representing plaintiffs in a legal issue confronting the city. This I believe to be sheer arrogance believing that he should serve as Judge over what the entire Council should be acting on as an elected body. I am of the opinion that Mr. Almquist may have innocently confused his calling as Stake President (Judge of Israel) with the duties and obligations of a City Councilman. Whatever his thinking may have been, the perception of undue influence or appearance of coercion being applied by a person holding TWO very important positions in our community may be deemed to be inappropriate.  Most certainly he impeded an out of court settlement and Mayor Pikes plans for improved city planning was derailed).

This council meeting brought to light that City Shade Trees …..With increasing regularity are being removed from the landscape……In violation of City Ordinance…..As well as trees planted on private property….. That as a condition of permit to build required the placement of trees on the property or the leaving of said trees in place. 20 to 30 Trees have been lost the last few months to developers. The same folks the city reduced Impact fees for so they can make a greater profit…..This appears to be the thanks the city gets and can expect in the absence of meaningful Code Enforcement. It was indicated that once building is complete some property owners merely cease watering trees and simple let them die…..There being no ongoing monitoring…..Or Inspections Criteria….. City Ordinances virtually go unenforced…..Hence the need for Code Enforcement Reform and the placement of responsibility for such matters. 

This open and frank public discussion provided a ray of hope that the Council is coming to its senses by publicly acknowledging that Code Enforcement Reform is needed….Not only for Shade Trees but in reviewing ALL city codes. My big concern now is that the Mayor will do as he said and ask Councilman Almquist (Who allegedly has violated City Ordinance in his Landscape Business) and Hughes (Who was elected on the premise that Code Enforcement efforts should be minimized and may have very well been a contributing factor in creating the confusion and disarray that Code Enforcement finds itself today). I would respectfully suggest to Mayor Pike that he consider employing the services of an Ombudsman to participate in the Code Enforcement process.

The public should be aware that statements were made by City Staff, Mayor and Council members that attest to the need for Code Enforcement Reform. Larry Shane, Parks and Facilities Manager “We have software and technology to know ownership of Shade Trees and maintain Inventory Record” Dead and dying trees are on a list now. City Manager Esplin asked Council for direction on course of action to be taken concerning Code Enforcement. Esplin stated, “Enforce it or Change the Ordinance”. Mayor Pike “Somebody needs to know”. It was established that current city ordinance provides authority to fine violators…..A course of action not now being exercised across the board. City has the power to Support Ordinance, Modify or Change. City Councilwoman Randall expressed her concerns about “Doing Absolutely Nothing”. (I was left with the impression that Councilwoman Randall was asking for the Shade Tree Board to be supported in their efforts to save city trees). Councilman Bowcutt, “Our responsibility is to make sure they know”. (Meaning the Public and Businesses should be educated on city codes and non-compliance penalties). The meeting ended with City Mgr. stating, “We got direction”. We will come back to you next meeting with an Action Plan. Review major commercial plans. Identify who will enforce, how it will be done, answer questions like…Do Churches need to comply? Finally public concerns will be addressed. It’s a start in the right direction.

Thank you, Ed Baca