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SUPPLEMENTAL MATERIAL
City of Pleasanton
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CITY CLERK
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050713
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SUPPLEMENTAL MATERIAL
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5/9/2013 11:35:57 AM
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5/6/2013 11:37:04 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
5/7/2013
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manatt <br /> manatt I phelps I phillips <br /> Mayor Thorne <br /> and Members of the City Council <br /> May7, 2013 <br /> Page 5 <br /> word and phrase in the statute to accomplish a result consistent with the legislative purpose, i.e., <br /> the object to be achieved and the evil to be prevented by the legislation." (Id.) If the statutory <br /> language is clear, its plain meaning is given effect"so long as an absurd or unintended <br /> consequence does not result." (Id. quoting Arnett v. Dal Cielo (1996) 14 Ca1.4th 4, 19.) <br /> Here, Measure PP does not require further clarification with regard to the term "structure" as that <br /> term was and is unambiguously defined in Section 18.08.535 of the Pleasanton Municipal Code <br /> when Measure PP was passed. Numerous other provisions in the Pleasanton Municipal Code <br /> implicitly treat roads as structures. (See PMC Sec. 18.76.120 ["Streets, buildings, and other <br /> manmade structures have been designed and located in a manner so as to complement the natural <br /> terrain and natural landscape"]; Sec. 18.68.110 ["Whether streets, buildings, ar.d other manmade <br /> structures have been designed and located in such manner to complement the natural terrain and <br /> landscape."] Consistent with the definitions provided in the Pleasanton Municipal Code, the <br /> 2010 California Building Code also defines"structure" as "[t]hat which is built,or constructed." <br /> (24 Cal.Code Regs., § 202.) By statute , Public Resources Code Section 30106 (the California <br /> Coastal Act)defines "[d]evelopment" to mean "on land, in or under water, the placement or <br /> erection of any solid material or structure...As used in this section, `structure' includes, but is <br /> not limited to, any building, road..." <br /> It is our understanding that consistent with the foregoing definitions, the City Council in <br /> November provided direction to the Planning Commission that the definition of structure <br /> included roads. Contrary to this express direction, the Council is now considering the proposed <br /> change, not for the purpose of implementing Measure PP but rather to ensure that the Council's <br /> direction does not preclude specific projects from proceeding. <br /> w <br /> In conclusion, the proposed amendment defeats the purpose of Measure PP and constitutes an <br /> implied repeal of the initiative measure. Unless the proposed amendment are approved by a vote <br /> of the City's voters, its adoption will result in a violation of Section III of Measure PP. <br /> Accordingly, we urge you to decline to adopt the proposed amendments. <br /> • <br />
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