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RESPONSES TO QUESTIONS AND COMMENTS RECEIVED ON THE DRAFT JOINT EXERCISE OF POWER AGREEMENT FOR ENERGY COUNCIL This document includes all of the questions and comments contained in the letters and emails received by staff from April 10 through September 6, 2012.The questions/comments are organized under headings containing the source of the letter and its date. The specific questions and comments have been copied from the letters and emails and each is shown with the response directly following. A. ALAMEDA COUNTY CITY MANAGERS'ASSOCIATION (ACCMA),DATED 08/27/2012 Comment A-1: Ensuring effective coordination between local government and Alameda County Energy Council staff. Recommended the following clause,or a clause with the same intent, be incorporated into the Joint Exercise of Powers Agreement in order to specify a process for gathering JPA member agency input and communicating that input to the JPA Board: Technical Advisory Group A Technical Advisory Group(TAG)consisting of at least one staff representative from each member Agency shall be formed to advise the Alameda County Energy Council on matters such as strategic planning, annual work plans,funding priorities,proposed program design, coordination with existing energy service providers, and other matters related to advancing sustainable energy initiatives in Alameda County. Energy Council staff shall cause minutes of all TAG meetings to be kept and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Board and to each TAG representative.As matters discussed at the TAG are considered by the Board, Energy Council staff shall also include a summary of TAG input in the staff's report on the matter to the Board. Where appropriate, representatives from the TAG may also request or be asked to represent the TAG on a given matter in front of the Board. Response A-1:The proposed wording has been added to the proposed Energy Council rules of procedure with one important modification. Legal Counsel has advised that if the TAG is created as an advisor to the Board it would be subject to Brown Act requirements. This can limit flexibility for informal staff interaction and add to overhead costs and reduce the ability to have candid discussions between member agency staff. Most members of the existing TAG have indicated they prefer not to be subject to Brown Act limitations. However, describing the function of TAG as advisory to the staff of the Energy Council does not trigger Brown Act requirements,and describing this function in the proposed rules of procedure provides a formal confirmation of the role of TAG and its members. A description of the role of TAG in the Rules of Procedure also allows flexibility for the Energy Council Board to clarify or improve the role of TAG in the future if necessary. 1