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02 THE CITY OF pL£ASANTOK CITY COUNCIL AGENDA REPORT October 18, 2011 Law Department TITLE: APPROVAL OF AMENDMENT TO THE ASSOCIATED COMMUNITY ACTION PROGRAM (ACAP) JOINT POWERS AUTHORITY SUMMARY The Associated Community Action Program (ACAP) is a joint powers authority (JPA) with a governing board comprised of elected officials from its member agencies. The members include Alameda County and the following twelve cities within Alameda County: Alameda, Albany, Dublin, Emeryville, Fremont, Hayward, Livermore, Newark, Piedmont, Pleasanton, San Leandro, and Union City. Pleasanton has been a part of the ACAP JPA since 1984, and its predecessor JPA (the Alameda County Training and Employment Board) since 1975. Over the last several months, ACAP has experienced serious financial and other problems, and its members, Pleasanton included, have had to advance funds to cover liabilities and commitments that ACAP has not been able to meet. The ACAP board of directors and its members have taken numerous collective steps to wind up ACAP affairs. The representatives of the members and the ACAP board of directors have determined that the existing joint powers agreement that created ACAP be amended to reflect the current status of ACAP. The ACAP Board is recommending approval of amendments to the JPA that will define ACAP's responsibilities to: (1) narrow ACAP's role to winding up its affairs so as to limit future exposure for member agencies, and (2) change the Board representation to the City and County Managers rather than the elected officials from the member agencies that currently serve in that role. RECOMMENDATION The ACAP Board and Pleasanton City staff recommend approval of the amendment to the ACAP JPA. FINANCIAL STATEMENT The proposed approval will have no financial effect. Winding down the affairs of ACAP should result in less, and eventually no, financial liability on the part of the City of Pleasanton.