· Despite the very clear conditions of approval issued by the city and attached to the 2000 subdivision of two lots adjacent to Happy Valley Rd and The Dips (see copy below), the City Attorney continues to recommend to Council that they sign a settlement agreement with vague language which may have the unintended consequence of taking away certain rights of the public. This action by the City does nothing more than lower their cost and could have the unintended consequence of inviting illegal closure of the path.
· By law, and in support of its citizens, the City has a duty and a responsibility to uphold this Condition of Approval as a use restriction attached to the variance and subdivision recorded in 2000.
· On numerous occasions, individuals from our group, Save the Dips, have genuinely - yet unsuccessfully - attempted to negotiate with the City and the property owner to find a mutually agreeable solution. Although this matter is embroiled in no less than (4) different lawsuits, nobody from Save the Dips wants to engage in legal action.
· However, we have been told that unless we take some form of legal action, we essentially have to sit on the sidelines and await the outcome?!?!
· On Wednesday, December 9th, the City Council will vote on whether or not to authorize the City Manager to sign a settlement agreement. Please attend the meeting, raise your hand and say: I OPPOSE THE CITY COUNCIL SIGNING THE SETTLEMENT AGREEMENT PER ITEM 8A.
· Should they nevertheless vote YES, the aforementioned condition from 2000 (photo below) will be called into question, in spite of the law clearly saying the condition as written is enforceable and cannot be challenged by ANYONE.
Given the alarming timeline, Save the Dips is raising funds for potential legal action against the above scenario. All funds will be used to act in the best interest of the mission of the organization, which is to retain our rights keep the path open - both for regular pedestrian use, and for evacuation in a safety scenario. Any unused funds will be returned to the donors.
Please help us fight for our beloved and safe pathway, donate TODAY. Click read more to see the condition of approval...
- Terry Stiffler
- glen zamanian
- John Foster
- Margaret Ann Fowler
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