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"at large" member jointly appointed by the governing bodies for all of the participating cities and counties. Gov't Code§ 52031(a). Moreover, membership in such Area Energy Authorities is limited exclusively to cities and counties. Gov't Code§ 52032. Perhaps for these reasons, it appears that none of the existing regional energy authorities have chosen to form Area Energy Authorities_ pursuant to this Act. A Memorandum of Understanding (MOU) with member agencies for Selected Energy Issues Alternatively,the Board could create an MOU directly between the WMA and interested member agencies,without a new JPA. Pursuant to this MOU,the member agencies could contract for WMA staff to perform the energy efficiency functions and services described above. The governance of such an MOU could present certain challenges, however. For instance, unlike a new JPA,which could make decisions by a majority vote of its governing board, certain decisions under this alternative approach might require action both by the WMA and by the governing board of each member agency that is a signatory to the MOU. This would be too cumbersome for the types of issues we are looking to work on (e.g.,grant applications),and would consume more staff time and expense than a new JPA for selected energy issues. Because most potential funders place a high value on grantees with clearly defined governance structures,the MOU approach could make the Alameda County region less competitive than a new JPA for at least certain types of grants or contracts. Potential funders might have similar concerns regarding the accountability of funds awarded to the member agencies operating collectively pursuant to an MOU, rather than to a distinct governmental entity. If the Board decides to pursue the MOU approach, agency counsel has recommended that the Board consider amending the WMA JPA to specifically authorize agency staff to undertake the activities contemplated under this approach. Staff Conclusion If the Board chooses to pursue any of these alternate governing structures,staff would immediately convene meetings with member agency staff working on energy issues to discuss how 1:he proposed option might complement existing energy programs operating in the County, including the PG&E funded East Bay Energy Watch. We believe that a new JPA for selected energy issues will have more advantages and fewer disadvantages than other forms of governance. In particular,we believe it will have the greatest likelihood of success in future grant applications and the lowest administrative burden. The key issue politically,we believe, will be to draft JPA documents that clearly respect local control and are focused on work areas that integrate well with existing energy-related work within Alameda County. We believe such niche areas exist and that the new JPA's powers and purpose could be crafted to reflect its limited intended role of providing an efficient governance structure to competitively apply for, accept and administer, and implement work funded by grants and other sources of funds providecl by third parties. RECOMMENDATION Staff recommends that the Programs and Administration and Planning and Organization Committees recommend to the WMA Board that it direct staff to develop a draft JPA for selected energy issues and a draft MOU for the WMA to staff the new JPA,and bring these drafts back to the Board for further discussion. 3