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manatt manatt I phelps I phillips Mayor Thorne and Members of the City Council May 7, 2013 Page 4 2. Re-defining Essential Terms Used in Measure PP Constitutes a Repeal by Implication and Requires Approval by Pleasanton Voters In general, the initiative and referendum are powers reserved by the people and liberally construed in favor of their exercise. (Associated Home Builders etc., Inc. v. City of Livermore (1976) 18 Cal.3d 582, 591; Mervynne v. Acker(1961) 189 Cal.App.2d 558, 563-564.) Once enacted by initiative, local ordinances and other legislation are subject to the same constitutional limitations and rules of construction applicable to other statutes. (Lesher v. City of Walnut Creek (1990) 52 Ca1.3d 531.) Enacting an ordinance to exclude the very ridgelines that the measure was intended to protect and exclude roads that the measure was intended to regulate constitutes an implied repeal of Measure PP. Implied amendments or repeals by implication are consistently disfavored. (Flores v. Workmen's Comp. Appeals Bd. (1974) 11 Cal.3d 171, 176 [superseded by statute on other grounds].) Even if an enactment does not expressly defeat a prior enactment, if it defeats the legislative purpose underlying the ordinance or cannot be harmonized with its terms, the new legislation constitutes a repeal by implication. (See, e.g., Penziner v. West American Finance Co. (1937) 10 Ca1.2d 160 ["So strong is the presumption against implied repeals that when a new enactment conflicts with an existing provision, `in order for the second law to repeal or supersede the first,the former must constitute a revision of the entire subject, so that the court may say that it was intended to be a substitute for the first."];Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 568 ["the implied repeal doctrine applies `when two or more statutes enacted by the same legislature concern the same subject matter and are in irreconcilable conflict'...In such cases, `the doctrine of implied repeal provides that the most recently enacted statute expresses the will of the Legislature, and thus to the extent of the conflict impliedly repeals the earlier enactment."'[superseded by statute on other grounds].) As stated above, Section III of Measure PP states, "[t]he provisions of this initiative may be amended or repealed only by the voters of the City of Pleasanton at a City general election and overrides any existing General Plan." Because the proposed changes constitute an implied repeal of Measure PP and defeat its purpose of ridgeline and hillside preservation, approval by the voters of the City is required. 3. Established Definitions of"Structure" Treat Roads as Structures. Under well-established rules of statutory interpretation,the primary goal is to determine the Legislature's intent so as to effectuate the law's purpose." (California Oak Foundation v. Regents of University of California (2010) 188 Cal.App.4th 227, quoting Ailanto Properties, Inc. v. City of Half Moon Bay(2006) 142 Cal.App.4th 572, 582.) Meaning must be given "to every