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REPORTS OF THE CITY ATTORNEY Report, Re: Demolition Payment Mr. Hirst presented a Statement of Expense regarding the demolition of the structure located at 604-608 Main Street. Although the owner of the property is paying for this demoliton, Mr. Hirst asked for approval of the Statement of Expense in order that in the event pay- ment is not completed, lien procedures can be initiated. It was moved by Councilman Kinney and seconded by Councilman Herlihy that the City Council approve the Statement of Expense re- garding the demolition of the sq:-ncture located at 604-608 Main Street. The roll call vote was as follows: AYES: Councilmen Herlihy, Kinney, Mori, Pearson, and Mayor Reid NOES: None ABSENT: None Report, Re: Status of Litigation concerning SAVE Initiative Ordinance Mr. Hirst presented his report to the Council, which included a copy of the most recent decision made by Judge Cook, a copy of Mr. Hirst's opinion of last February, and a summary of the most important matters regarding the SAVE Initiative from last January to the present time. He elaborated on the decision which declared the SAVE Ordinance invalid in Livermore and in Mr. Hirst's opinion, the Courts will make the same decision as far as Pleasanton is concerned. Mr. Hirst further stated that it seems to him Pleasanton will need a more legally defensible ordinance regarding growth limitations. He also explained that in his opinion Pleasanton should disassociate itself from the Livermore litigation with regard to the appeal of the SAVE Ordinance. Mr. Edgar stated that with the present General Plan Review, the urban growth policies and growth limitations will be forthcoming. - Councilman Pearson suggested that if another type of ordinance is considered it would be the City's moral obligation to consult with the SAVE group and come to an agreement with them as to the final form of such an ordinance. In clarification of a question from Councilman Kinney, Mr. Hirst indicated that full public hearings would be in order regarding the adoption of any future growth rate limitations. Mr. Hirst then asked the Council for a resolution to effect this recommended course of action. Councilman Pearson asked for a postponement. Mayor Reid declared this would not be necessary. Councilman Herlihy stated that he felt the Council has a responsi- bility to adopt an ordinance that is legally defensible and saw no reason for a postponement. It was moved by Councilman Herlihy and seconded by Councilman Kinney that Resolution No. 73-9 be adopted, authorizing the City Attorney to proceed with the recommendations outlined in his report. Councilman Mori stated at this time that he feels we have to attempt to develop an ordinance that is the will of the people, but he is not going to relinquish his decision-making as a Councilman. He stated his concurrence with the City Attorney's recommendation. The roll call vote was as follows: AYES: Councl1men Herllhy, Klnney, Mori, and Mayor Reid NOES: Councilman Pearson ABSENT: None 7. 1/8/73