"The 50 foot pine tree will remain in the Plaza"

Click on image to enlarge.

Those were the words from an official City of El Paso press release dated yesterday.

Read Diana Washington Valdez's story, San Jacinto Plaza reopening delayed until May, in this morning's El Paso Times. Yesterday afternoon she called me for a comment. That is when I learned about the press release. I chose to wait to do a post about the story until this morning after the Times had published. It was her story and so many of us are so glad that she has stayed on top of it (along with many other "stories" from City Hall.)

No doubt elpasonaturally's online petition helped to save the tree. (It is now clear that the City had no intention of saving the tree in the first place and was going to use "damage" as an excuse.) 

What really saved the tree was the fact that elpasonaturally and then the Times brought to light that the tree was on the "chopping block". (Sadly, the pun is intended.) This resulted in the City Manager, Tommy Gonzalez, decrying the fact that the story had come to public attention followed by a concerted effort to cya the entire affair.

Of course, there is more than just the saving of El Pasoan's beloved Holiday Christmas tree. elpasonaturally learned and posted that the Plaza's California palms had not been salvaged but disposed in a landfill. More revelations about the failure by the Department of Engineering to follow city guidelines and policies keep coming to light. Clicking on the link to the "Policy and Standards Manual for the Care of Trees and Shrubs in the City of El Paso" on the new City web site still results in a 404 Error. If you want to read the manual or download a copy, go HERE. Otherwise it will probably be deleted from memory. So much for the strategic goal to "Promote Transparent and Consistent Communication Among All Members of the Community".

By the way, the public didn't even participate in developing those strategic goals. Or does "all members of the community" refer just to a tight-knit City Hall group?

What We Know about Tree-Gate So Far

Click to enlarge image. Picture taken 1/12/15. Note protective netting around the trunk and not the dripline. Where was the Department of  Engineering project inspector?

elpasonaturally will be getting more information soon about Tree-gate, the scandal surrounding Elpasoans' Holiday Christmas tree in San Jacinto Park. At first the City claimed that negligence may have damaged the tree beyond the hope of saving. Now they claim that they might be able to save it. 

The scandal, of course, is more widespread than one tree. It has to do with the negligence of the City Engineering Department.  Here's what we know:

The palms in the park were not salvaged nor taken to the El Paso tree farm. They were cut down and they were taken to the landfill. They could have been used elsewhere in the city. This in total disregard of the city's Tree Care Policy Manual.

The project drawings indicate that Tree 5, a Pinus halepensis - the beloved Christmas tree, was to be protected. Project drawings indicate that the contractor knew to protect the tree below the dripline. Yet, the orange netting to protect the tree was just around the base or trunk of the tree when this story broke. It has since been extended but only to half of the dripline, the circumference of the canopy. Look at the image above and see that the orange netting was wrapped tightly around the base/trunk of the tree when Tree-gate began to be exposed. Now see a web cam from about January 29th. The netting was extended but still not according to the project spec drawings or the requirements of the City Tree Policy Manual. Web cam today reveals the same thing which means that the project inspector from the Department of Engineering has still not obeyed city policy. (Thank you elpasospeak for the January web cam post.) 

It is the City's responsibility - the responsibility of the project inspector of the Department of Engineering - to make sure that the project guidelines are followed. Obviously, he/she did not do so. As noted before, City Engineering doesn't follow rules that they don't want to follow. They do not listen to the City Arborist or anyone else.

In an Open Records Request I asked for the project specifications. I received only the drawings - enough nevertheless to see that guidelines for tree protection were not enforced by the Department of Engineering inspector. However, I wonder why I did not recive the specs. Oversight or an attempt to cover-up? We already know that City Manager, Tommy Gonzalez, sent an email decrying that the condition of the tree had gone public. He wanted to keep the scandal under wraps.

The Public Affairs Coordinator for the Engineering Department sent out what was obviously dictated memo to the Mayor and City Council when the scandal was first brought to public attention. By itself the memo authenticates that the project inspector had not been doing his job. The memo also said that the palms had been salvaged. That's just false. They were hauled to the landfill!

Hearsay of course, but people are coming forward to tell about mordidas and the Department of Engineering at other projects. Those stories will be checked out.

City Parks Director Neither Sought nor Approved Removal of Palms from San Jacinto Plaza

"No Responsive Documents" - that is the official City of El Paso response to this open records request made by me:

"Mr. Novak [Tracy Novak is the City Parks and Recreation Director], The Policy and Standards Manual for the Care of Trees and Shrubs in the City of El Paso 17.1.4 stipulates "in the case of park trees, the Parks and Recreation Department Director approves the removal in writing after consulting with the Project Arborist." The California fan palms were taken from the San Jacinto Park and given to the contractor rather than to the El Paso Tree Farm. Please supply me with all documents (email, letters, etc.) which reveal your consultation with the Project Arborist and/or our City Arborist, Brent Pearson, prior to the removal of the palms. Please also supply a copy of your approval in writing of the removal of those palms."

"No Responsive Documents" means that Mr. Novak failed to approve the removal in writing. There is no record that he consulted with either the Project Manager or our City Arborist.

Why pass ordinances and have policy and standard manuals when City officials just ignore them?

Also read elpasospeak's post today. 

Why tell the truth at all?

More Than Just One Tree

I didn't catch this but I should have. However, elpasospeak caught it in their post Naturally Secret. I quote:

"Also troubling is what the city manager wrote in an email to city council:

'Staff has proposed alternatives to me, and apparently somehow the information has made it out to the public.' [Emphasis mine]


"The very thought of a public servant serving the public is evidently an abnormal event and it sounds like he plans to investigate the leak.  Maybe they should kill the tree in executive session." 

OMG! The public found out! How horrible! We need to find the source of the leak and clamp down or punish. We also need to stop future leaks.

What happened to all that talk about transparency during the last City Council and Mayoral elections? Weren't El Pasoans fighting mad that the decision about a ballpark was all done secretly? 

Check out transparency talk in the final 2015 Strategic Plan for El Paso:

5) Promote Transparent and Consistent Communication Amongst All Members of the Community
5.1 Set a climate of respect, collaboration and team spirit among Council, city staff and the community
5.2 Leverage and expand the use of current and new technology to reduce inefficiencies and improve communications
5.3 Promote a well-balanced customer service philosophy throughout the organization
5.4 Enhance internal communication and employee engagement 
5.5 Advance two way communications of key messages to external customers

5.6 Strengthen messaging opportunities through media outlets

Really?

Even in violation of a Strategic Plan that he helped to fashion, our City Manager sends out a memo that strongly suggests that information about our San Jacinto Plaza Park's remodel and the damage done to our Holiday Christmas Tree somehow should have been kept under wraps.

The issue facing us is more than just one tree. It is the LACK of transparency in this City and the total disregard of citizen initiatives, ordinances, procedures such as the Tree Manual and all the work done by Mayor Wardy's Green Sweep Program. 

I don't know Mr. Gonzalez. I've never met him and my attempt to get a meeting with him resulted in his getting surrogates to contact me. He may be a great guy but I'm beginning to wonder whether he isn't a graduate of the Tricky Dick Nixon School of Government. (Google "Watergate" if you are too young to know the reference.)

elpasospeak says it the best: "We deserve better."

Much more later. Stay tuned. 

City Cover-up of Christmas Tree Scandal in Full Swing

Click to enlarge. This photo was taken 1/9/15. Note the orange netting around the trunk of the tree. It should be around the drip line of the tree. (The drip line is the circumference of the tree below the farthest extended branches.) Note all of the trenching and concrete work inside of the drip line. Does anyone think that Engineering or anyone else from the City really heeded expert arborist advice?

Here's the word put out by the Public Affairs Coordinator of the City of El Paso's infamous Engineering Department:


"Good Evening Mayor Leeser and Honorable Members of the City Council:

As you know, the San Jacinto Plaza renovation project is garnering renewed media attention. We are responding to the questions as they come in. This is the information we are providing them broken down by topic:

  DECISION ON THE PINE TREE: Since learning from the City Arborist and other tree experts that the large pine tree in San Jacinto Plaza was damaged, the City of El Paso has carefully weighed all of its options to save it. The city’s assessment of all options on how best to save this valuable community asset continues. At this time, no decision has been made and we will continue to update the community as information becomes available.

  CARE OF THE PINE TREE: The City Arborist has been consulted on at least three occasions regarding the large pine tree at the Plaza.  After consultation with the arborist, an element of the project design was significantly altered to minimize large-scale damage to the Christmas tree.  The tree has been watered at least twice weekly since the beginning of the project. Additionally, a project arborist was retained by the contractor.


  PALM TREES: Eight palm trees were removed and salvaged by the contractor. The value of them (approximately $5,000/tree) was credited to the city."


Here's what we know:

Through several sources elpasonaturally knows that the advice by the City Arborist has largely gone unheeded. In fact, Engineering routinely does what it wants to do. Reaction from several persons who deal with Engineering regularly goes something like this: "Engineering is deaf.  They do what they want to do and they dare anyone at the City to take them on.  Irene Ramirez, the Director of Engineering, has a history of completely ignoring management when it suits her purposes and her staff protects her."

One City Council rep was advised about the lack of protection for the tree and that representative's concerns were ignored by both the Engineering Department and the Parks and Recreation Department.

More concerns were raised last spring. Again, those concerns fell on deaf ears.

Sadly, the response by the Public Affairs Coordinator for Engineering quoted above was most probably dictated by management.

The cover-up has begun. (And it's not going to work.)

It's CYA Time at the City of El Paso Regarding San Jacinto Plaza Tree

Construction at San Jacinto Plaza, January 9, 2015

"Taking any action foreseeable leading to the death of a tree or shrub or permanent damage to its health, including but not limited to excessive pruning, cutting, girdling, poisoning, improper irrigation, unauthorized relocation or transportation of a tree, or trenching, excavating, altering the grade, soil compaction, or paving within the drip line area of a tree."
- from the "Policy and Standards Manual for the Care of Trees and Shrubs in the City of El Paso", Section 10.4 "Other prohibited actions" 

Beginning Monday, when word leaked out about the City's intentions to take down El Paso's beloved San Jacinto Plaza Holiday Christmas tree, City officials have been backtracing and rushing to cover their considerable posteriors.

Major media outlets such as KVIA have picked up the story. 

As of this morning, I think this is the official City word: They are trying to save the tree (the word to City Council members) but it has been severely damaged by construction. They have also begun a PR effort which suggests that El Pasoans want quality of life, recreational opportunities - i.e. "we had to cut down the tree because you all voted for the Quality of Life bonds". Put your boots on folks, because it's getting thick. 

The backtracking is being done without any accountability. My call to City Manager Tommy Gonzalez's office two days ago for a meeting has not been returned. Instead I first heard from Parks and Recreation Directory, Tracy Novak, telling me that the CM wanted him to call me. During his call, I got a message from the Convention and Visitor's Bureau telling me that the City Manager thought it best for me to talk to them. Where does the buck stop?

Of course the tree has been damaged but I have learned from expert arborists that it still could be saved. What has caused the tree to be damaged? "Trenching, excavating, altering the grade, soil compaction and paving within the drip line area of a tree." (See above guideline in the City's official Tree Care Manual. That's another publication like Plan El Paso that city officials have shelved even after meetings and meetings involving citizens helped to create them.)

It seems that the City has a terrible track record when it comes to protecting trees. A private tree expert has said that in the past the city has been very bad about making contractors keep their trucks and equipment away from existing trees on construction sites.  It was a big problem years ago at Eastwood/Album park when a recreation center was being built.

I was serving on the Parks and Recreation Advisory Board when plans for the Plaza remodel were being made under the supervision of then Deputy City Manager, Debbie Hamlyn. The tree was there. The most recent December 16, 2014 Project Update merely mentions "trimming the tree" (page 11). The report is also interesting because it shows pictures of the lack of following the city's tree manual. City officials in charge of the San Jacinto Plaza remodel should have known about the tree care standards adopted by City Council and made modifications to the park remodeling to protect the Mondel Pine, El Pasoan's beloved Holiday Christmas Tree. They have and did not.

And what's the update on the California Fan Palms that were removed? An eye-witness says that the contractor did not take them to be replanted somewhere else. The contractor cut them down. Standard operating procedure would have been for those palms to go to the El Paso Tree Farm to be replanted at another city site.

Frankly, the contractor should be back-charged for the damage to El Paso's Holiday Christmas tree, particularly if it has to be cut down, and for cutting down the fan palms. Better yet, charge El Paso's Engineering Department, the worst Department in the City of El Paso and that for many years running now.