Tuesday, January 11, 2011

Who is really running the city?

My comments on the announcement below.

The announcement by "city officials" of a postponement of the lighting of the Arbolitos Flood Control Basin validates that the city council members did, in fact, violate the rules of CEQA.

Now that these non-elected officials have, post-CPU approval, discovered that Mr. De Hoff was indeed correct, they have stepped forward with another concession. This time the concession is not to the neighborhood, not to the city council, and ultimately not to the citizens of Poway, but to themselves. All under the guise of gnatcatcher mating season.

These un-elected city officials and the un-elected city manager are squirming to spend more of our tax payer money through continued payments to lawyers and an additional study. This is being done to justify the mistake they made in recommending to the city council approval of the CUP before doing due diligence.

Those that have lobbied these un-elected "city officials" to push for the lighting of the flood control basin for their own benefit are sitting back and watching the city spend our tax payer money to support ill-advised recommendations.

And those we elected to the city council continue accept this.

Poway postpones lighting of Arbolitos Sports Fields

Pat Kumpan Re-Published from MyLocalNews.com 01/10/2011 - 5:35 p.m.

Poway officials announced late Monday that it will postpone for five months the construction of eight 70-foot tall lights at Arbolitos Sports Fields now that a biologist has documented a threatened species of bird living in scrub that surrounds the fields. The construction was scheduled to begin in March.

Released Monday, the report indicates that the California gnatcatcher’s existence was documented on two dates by certified biologist Vivian Marquez of Marquez and Associates in Encinitas.

A pair of gnatcatchers were observed on Nov. 10 and again on Dec. 10 in the fields off Pomerado Road by Marquez, who conducted three surveys, each at least one week apart, as required by U.S. Fish and Wildlife Service.

The birds’ mating season extends from March through August, according to Marquez and local environmentalists.

City Manager Penny Riley said, “appropriate action will be taken should the city determine there is any potential harm to the gnatcatcher.”

The city is continuing to study whether any additional gnatcatcher protections are warranted, she added.

Resident Peter De Hoff presented information, as well as photos of the bird, during an Oct. 19 City Council meeting.

De Hoff and others were upset that the bird was not mentioned in an environmental report conducted prior to approving the field lights.

City Council members approved the lights with an amended conditional use permit during that October meeting.

De Hoff’s attorney, Rory Wicks, said that the city should have tabled the project that night until it could verify whether the bird lives in the immediate fields.

According to De Hoff, when the city approved a declaration that no environmental impacts would occur when the lights are installed, it violated the California Environmental Quality Act.

The city met with De Hoff and his attorney on Jan. 7 to discuss possible settlement options, but no decisions have been made.