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Mr. Roush responded that the Measure is being defended on the grounds that it does not render the general plan of Alameda County internally inconsistent, the initiative is not an improper use of the initiative power, and that it does not violate state planning law. Those are the main planning issues the brief will address. He has not reviewed the Measure in detail nor the brief in detail, however, he had no doubt the City Attorney's office in Berkeley will have cogent and well-thought out arguments to defend the measure. On the other hand, he was certain the plaintiffs had very competent attorneys who will make good arguments. It all comes down to an interpretation by a Superior Court judge and ultimately an Appellate Court in terms of whether the measure will be upheld. Those are the legal issues and the issue is whether Council is comfortable defending the validity of the Measure. Mr. Campbell indicated that Measure D passed by 56,000 votes in Alameda County and by 2,000 votes in the Valley. Most of the votes came from Berkeley and Oakland. He said he is a representative of this community and he did not feel this was a political decision. 52% of the people of Pleasanton voted for the measure and he felt because we live in a democracy, the majority rules. Mayor Pico felt this was not a debate about the specific issues of Measure D, it was about whether Council would support the will of the people. He agreed with Mr. Campbell that the majority rules and in this case there was a majority in Alameda County and in the City of Pleasanton. There was ample opportunity to debate all the issues before the election. Council has supported various amicus briefs in the past. The brief by the City of Berkeley is in support of Measure D and the key provisions that are being challenged. He believed Council should support the majority of the citizens of Pleasanton. It was moved by Ms. Ayala, seconded by Mr. Campbell, to support joining the amicus curiae brief. The mil call vote was as follows: AYES: Councilmembers - Ayala, Campbell, and Mayor Pico NOES: Councilmembers Dennis and Michelotti ABSENT: None ABSTAIN: None Ms. Dennis did not want to oppose the will of the voters, but did feel the Council should remain neutral on this matter. She was not comfortable signing on to something she has not read. Ms. Michelotti did not support this, but if the motion passes, she will support the Council decision. Item 6f Request for support of increased fundin~ for the USDA-NRCS Ms. Dennis said this issue is part of the implementation of Measure D and the staffing necessary for the implementation of an agricultural enterprise plan, open space protection, and Pleasanton City Council 14 Minutes 05/15/01