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7A <br /> Page 47 <br /> � ;.. -: '+� 'i ' -r �'t .;�:� i:,:"1 � .;, : +•'' , - 2-, <br /> �4;�C � , r...; . 5' :.:1.'r i �;�:_ <br /> ... . _ :s .. � ' . ,i `i' �,,.....i.... .. __..,f" ,C• .r` �,a.,,.r i•..._ ....'�., <br /> f:�Y'}�1 l YC:)C7 h7�'Y?�'l�Y'C':iE�Y'�':��(�}�') <br /> Sus�« Br�r�c#t-Naw1�y C��uvef House PC7 Box�659 Ley�(flssi>t��{,-s <br /> G�en Elleh, Cd�i�orni� 954�-2 !e�r?ie S{���efc�,� <br /> r'�'��Yi:�,'�tuYf•�'�y�})�vez <br /> July 29, 2�09 <br /> Mayor Rosanne Foust <br /> and Members of#he City Council <br /> Cifiy of Redwaad City <br /> via email council�red�a�dcit,�.o a <br /> Subjeet: Appeal of Negative Declarativn, Finger Avenue Subdivision <br /> Dear Honorable Mayor Foust and Councilmembers: <br /> I am writing to briefly respond to Robert �anzone's letter to you regarding <br /> the timing of the appeal of the Negative Decfaration. <br /> The facts in the Park Area Neighbors case are very different from ours. As <br /> explained by the Court o#Appeal, Neighbors sought for the first time to bring up <br /> nerrr environmenta! concerns before the City Council. Here, instead, the Finger <br /> Avenue Pride Committee has repeatedly and painstakingfy raised its objections <br /> to the Nega�ive Declaration �n every available forum for many months. Further, <br /> the Park Area Neighbors erred when they misinterpreted advice from a Planning <br /> Commissioner and negiected to file an administrati�e appeal to the City Councii. <br /> As the Court of Appeal explained, <br /> A premise of this appeal to leniency, misadvice by the commissioner, is <br /> weak. The commissioner`s ad�ice -- that "you appea( to the Town Council" <br /> -- was correct. At most, he crea#ed a potential for misunderstanding by <br /> further stafiing that the appeal is "with a petition," ra#her than using the term <br /> "verified application" as prescribed by the Town Code, and then describing <br /> a prior dispute in wnich he had presented the Town Council with "500 <br /> signatures." In #his context, the word "petition" was imprecise: i�could <br /> reasanably have been understood in #he sense of an "app(ication"to the <br /> Town Counci� �see Black's Law Dict. (6�h ed. 1990) p. 1145, col. 2} or in <br /> the sense of a list of signatures. 7�he neighbors simply drew the wrong <br /> inference. <br /> phone 707.938.390� �� ��x 7�7.57b.0�75 a sus�nbhC���eservationl�wyers.com <br />