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Congressman Swalwell said he very much understood the concerns and agreed with the local viewpoint, particularly as it relates to education. He said he supports federal programs, but would prefer to see the expenditure of funds and local implementation of those programs deferred to local experts. He said he recently submitted an appropriations request for transit security fundirg in order to address terrorism vulnerabilities in the Bart system, but again believed that BART should have the flexibility to determine how those funds are best spent. Rich Cimino expressed concern over the Council's recent letter regarding CEQA reform, at least as it was reported in The Pleasanton Weekly. He asked and staff confirmed that it was a letter from the City, rather than Councilmembers as individuals, and that the letter was already released. He said he was unable to find a published version of the letter and asked if the final product still refers to CEQA lawsuits as frivolous and to those who would support such lawsuits as radical and extremist. He said he is an active community participant who has some experience with CEQA related issues and is concerned about how the Council's words might negatively portray him and others like him. Mayor Thorne said staff would provide Mr. Cimino with a copy of the letter, after which he was free to make his own judgments. He said the intent of the letter, which was to reduce duplication CEQA and newer laws that might govern the same areas and to discourage certain lawsuits that might come about for frivolous or unrelated reasons, was fairly clear. Vice-Mayor Cook-Kallio said there was no intention to circumvent any process or agency that currently exists and noted that the Council's recommendation applied only to projects that had been fully vetted in the public forum. PUBLIC HEARINGS AND OTHER MATTERS 10. PUBLIC HEARING: P12-1796, City of Pleasanton — Introduce an ordinance amending Title 18 of the Pleasanton Municipal Code to create Chapter 18.70, Ridgeline and Hillside Protection and Preservation, development standards and review procedures for development proposed in the hillside areas of the City Community Development Director Dolan presented the staff report, stating that the item relates to consideration of an ordinance requested by the Council as a means for implementing Measure PP. In November 2012 the Council held a workshop and provided staff with direction on several issues in drafting the implementing ordinance. These included the method by which a slope is measured, determination of whether the limitations on slope in the 25% or greater grade apply to manufactured or altered slopes, defining of the terms "ridge" and ridgeline," and the determination of whether streets are "structures" for the purposes of implementing Measure PP. In January 2013, the Planning Commission held the first of several public hearings regarding the draft ordinance. Discussion at the Commission level was largely uncontroversial arid in agreement with many of the Council's points of direction. The Commission agreed with and staff supports to proposed definition and method of measuring slope, including slope intervals and the City's ability to isolate certain features such as small mounds or holes that might have a steep slope but can be worked around. In its November 2012 workshop, the Council directed that modified slopes have a 25% or greater grade would be prohibited from development under Measure PP, but also suggested that exceptions could be granted upon review. The Commission was uncomfortable with the exception process and alternatively recommended that such properties should be considered based on what could be determined as the original grade, thereby making the exception process unnecessary. The Commission also received testimony suggesting that the inventory of slopes on land affected by Measure PP be completed and included in the ordinance. Staff believes this to be time consuming and potentially controversial but is prepared to proceed if that is the Council's direction. City Council Minutes Page 3 of 11 April 2, 2013