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CITY COUNCIL OF THE CITY OF PLEASANTON <br /> <br />ALAMEDA COUNTY, CALIFORNIA <br /> <br />RESOLUTION NO. 84-183 <br /> <br />RESOLUTION REGARDING BERKELEY/ACTEB/ACAP DISPUTE <br /> <br />WHEREAS, <br /> <br />for various reasons a dispute has arisen between the <br />City of Berkeley and ACAP/ACTEB which has resulted <br />in a lawsuit being filed by the City of Berkeley in <br />federal court; and <br /> <br />WHEREAS, <br /> <br />on March 13, 1984, Council approved amendments to the <br />ACAP/ACTEB Joint Powers Agreement, which approval <br />should now be rescinded; <br /> <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON <br />RESOLVES AS FOLLOWS: <br /> <br />Section 1: <br /> <br />Section 2: <br /> <br /> The City Council rescinds its March 13, 1984 approval <br />of the ACAP/ACTEB Joint Powers Agreement amendments. <br />However, the Mayor shall be authorized to sign a Joint <br />Powers Agreement substantially similar to the AKreement <br />approved on March 13, 1984 contingent uDon the redistrib- <br />ution of Berkeley's voting Dower between all member <br />agencies in proportion to their resDective populations. <br /> <br /> The City Council authorizes the City Attorney, in <br />consultation with Councilmember Wood, to join with <br />either ACAP/ACTEB or other cities, as appropriate, in <br />responding to the Berkeley lawsuit. <br /> <br />Section 3: The City Council hereby goes on record as: <br /> <br />being willing to accept Berkeley as a member of <br />the ACAP/ACTEB governing body; and <br /> <br />as being supportive of Berkeley being established <br />as a separate SDA. <br /> <br />Section 4: This resolution shall become effective immediately <br /> upon its passage and adoption. <br /> <br />THIS RESOLUTION ADOPTED APRIL 10, 1984 BY THE FOLLOWING VOTE: <br /> <br />NOES: None ~'R/C~R~ <br />ABSENT: None <br /> <br /> Peter D. MacDonald, City Attorney <br /> <br /> <br />