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established under Measure QQ (which failed because, as a conflicting measure, it received fewer votes than Measure PP). Such is not the case. As one proposal on how to reach consensus on what areas are covered by Measure PP, I had suggested to the City's outside counsel that the City could use the approach of Fremont and San Ramon in implementing similar initiatives, namely to identify the ridgelines on a diagram accompanying the implementing Ordinance. Such a diagram would clarify the areas covered by the measure, but was certainly not intended to involve an extensive and detailed mapping exercise. Nor was it intended to encompass the highly restrictive criteria identified in Measure QQ, which would limit the scope of Measure PP far more than Measure PP's own common sense notion of a ridgeline. RHPA asks that the City's implementing ordinance, however written, be consistent with that common sense meaning.5 Finally, the City has attempted to condition any City agreement with RHPA on the content of an ordinance implementing Measure PP upon agreement by the members of RHPA to give up their right to comment on or protest City actions relating to the adoption of the implementing ordinance or City approval of any development project under that ordinance. Essentially, the City is asking RHPA and its members to bargain away their constitutional free speech rights in return for the City agreeing to do what is required under state law. I have advised my client to neither accept nor even consider such a Machiavellian proposal. As I noted earlier, my client is still interested in having the City enact a proper implementation ordinance, as was done in Fremont for its Hill Area Initiative. However, the consistent direction taken by the City thus far, attempting to improperly narrow and weaken the initiative, must change. Otherwise, my clients will oppose and challenge the City's proposed ordinance, using all appropriate means at their disposal. Most sincerely, Stuart M. Flashman Attorney for The Ridge & Hillside Protection Association cc: City Manager City Attorney Trivalley Times Pleasanton Patch The Independent 4 Measure QQ explicitly asserted its inconsistency with Measure PP In such situations, if both measures receive a majority vote, only the provisions of the measure receiving more votes are enacted. (Calif. Constitution,Art II §10, subd.(b); Taxpayers to Limit Campaign Spending v. Fair Pol. Practices Corn. (1990) 51 Ca1.3d 744.) 5 At the time Measure PP was placed on the ballot and approved by the voters, the Pleasanton Municipal Code (which the voters were presumed to have knowledge of—see, In re Lance W. (1985) 37 Cal.3d 873, 890, fn. 11) included definitions of ridge and ridgeline that are in full accord with Measure PP's common sense understanding of these terms.