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CITY COUNCIL OF THE CITY OF PLEASANTON <br /> <br />ALAMEDA COUNTY, CALIFORNIA <br /> <br />RESOLUTION NO. 82-484 <br /> <br />RESOLUTION REGARDING CONFLICT OF INTEREST OF <br />MEMBERS OF THE ZONE 7 BOARD <br /> <br />WHEREAS, Zone 7 supplies water by contract to the City of <br /> Pleasanton; and <br /> <br />WHEREAS, Zone 7 makes decisions affecting the health and <br /> welfare of the people of Pleasanton; and <br /> <br />WHEREAS, <br /> <br />Government Code §1126 restricts local agency <br />officers from engaging in activity which is <br />inconsistent, incompatible and in conflict with <br />his or her duties as a local agency officer, such <br />as the use for private advantage of the badge, <br />uniform, prestige or influence of his or her local <br />agency office; and <br /> <br />WHEREAS, <br /> <br />several Directors from Zone 7, to wit, Margaret <br />Tracy and Jerry Dzakowic, have involved themselves <br />in a lawsuit against the people of Pleasanton; <br /> <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON <br />RESOLVES AS FOLLOWS: <br /> <br />Section <br /> <br />1: The City Council of the City of Pleasanton feels <br /> there is a moral conflict of interest, if not a <br /> legal conflict of interest, in allowing Ms. Tracy <br /> and Mr. Dzakowic to vote on projects affecting the <br /> City of Pleasanton. <br /> <br />Section <br /> <br />2: The participation of Ms. Tracy and Mr. Dzakowic <br /> in voting on projects affecting Pleasanton creates <br /> an appearance of impropriety and introduces the <br /> taint of bias to decisions made by the Zone 7 <br /> Board. <br /> <br />Section 3: Pleasanton requests that Ms. Tracy and Mr. <br /> Dzakowic exclude themselves from voting on decisions <br /> affecting the City of Pleasanton or that the Zone <br /> 7 Board explore its legal options, including its <br /> rulemaking power pursuant to Government Code <br /> §1126, in order to Drotect the fairness of its <br /> decisionmaking process. <br /> <br />Section 4: <br /> <br /> The City Council of Pleasanton is proud of the <br />tradition of cooperation and respect between our <br />two agencies and hopes to maintain that relationship <br />in the future. <br /> <br /> <br />