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manatt Kristine Lawson Manatt, Phelps& Phillips, LLP manatt I phelps I phillips May 7, 2013 BY E-MAIL CITYCOUNCIL @CI.PLEASANTON.CA.US Ionorable Mayor Jerry Thorne and Members of the City Council Pleasanton City Hall 200 Old Bernal Avenue Pleasanton, CA 94566 Re: May 7,2013 City Council Meeting Agenda Item No. 5: Seco rid Reading and Adoption of Ordinance No. 2066 Amending the Pleasanton Municipal Code to Create Chapter 18.70,Ridgeline and Hillside Protection and Preservation Dear Honorable Mayor Thorne and Members of the City Council: We submit this letter in opposition to the City's proposed adoption of the above-referenced ordinance to amend the Pleasanton Municipal Code. We have reviewed the agenda for tonight's meeting, the draft ordinance containing the proposed amendment and the City Council report dated April 16, 2013 ("Staff Report"). While the proposed amendment as recommended by staff purports to implement Save Pleasanton's Hills & Housing Cap Initiative, an initiative measure passed by the voters of the City in 2008 ("Measure PP"), it is comprised of new definitions, including those for the terms "ridgeline" and "structure"that would essentially defeat the purpose of Measure PP and render it ineffective in achieving its purpose. As discussed in detail below, because the proposed amendment contravenes Measure PP, it constitutes an implied repeal of the measure and requires a vote of the people. In addition, as a matter of substance, well-established definitions of the term "structure" support a plain meaning interpretation of that term which includes roads. For the reasons set forth below and for the reasons that may be presented at the City Council meeting this evening, we object to the City's adoption of the proposed amendment and respectfully request that you decline to adopt the ordinance. 1. Key Provisions of Measure PP and the Proposed Amendment (a) Measure PP. Measure PP is concise and clear in its intent and means of implementation. The stated purpose Measure PP is to "protect the city from uncontrolled growth and the impact it has on ridgelines and hillsides, traffic, schools, water supply and [our] overall One Embarcadero Center,30th Floor,San Francisco,California 94111 Albany I Los Angeles ] New York I Orange County I Palo Alto I Sacramento I San Francisco I Washington, D.C.