pages: CityCouncil/2011-05-03.pdf, 4
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CityCouncil | 2011-05-03 | 4 | Joint Powers Authority requires obligations and liabilities to fall on all members equally. Mayor Gilmore requested an overview on the programs ACAP provided and what percentage of Alamedans were served. Councilmember Johnson inquired about ACAP's structure and who hired the Executive Director; further inquired where the auditors have been for the last few years. Mayor Gilmore stated something went seriously down hill if ACAP received a clean audit in 2009; the District Attorney is looking into the issue. Councilmember Johnson suggested all Joint Powers Authorities be compiled on a list. In response to Councilmember Johnson's inquiry, the Acting City Attorney stated staff has sought a more extensive accounting. Councilmember Tam inquired what would happen if the City refuses to pay, to which Mayor Gilmore responded the City could be sued for breech of contract. Councilmember Johnson questioned whether the County appointed the Executive Director; inquired whether the City would be reserving its right to seek reimbursement if payment is made reluctantly, to which the Acting City Attorney responded in the affirmative. Councilmember Johnson inquired whether other cities have approved payment, to which the Acting City Attorney responded other cities have paid the initial $25,000 but she is not sure about the $75,384.62. Councilmember Johnson stated perhaps the City should pay on the condition that other cities pay their share. The Acting City Attorney stated other cities are bringing the Cooperation Agreement to their respective Councils. Mayor Gilmore stated the City should move forward with payment as showing good faith; having all cities united in one voice would be nice if the City files a claim against the County. Councilmember Johnson moved approval of the staff recommendation. Councilmember deHaan seconded the motion, which carried by unanimous voice vote - 5. Mayor Gilmore requested that the Acting City Attorney continue discussions with other cities regarding County liability. Regular Meeting Alameda City Council 4 May 3, 2011 | CityCouncil/2011-05-03.pdf |