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DISCUSSION In 1998, the TVTC jurisdictions of the Cities of San Ramon, Dublin, Livermore, Pleasanton, the Town of Danville, and the Counties of Alameda and Contra Costa entered into a Joint Exercise of Powers Agreement (JEPA) to create the Tri-Valley Transportation Development Fees (TVTDF) as a mechanism to partially fund the $763 million cost of 11 high priority projects needed to address some of the more congested elements of the Tri-Valley transportation network. On July 31, 2013, the Tri-Valley Transportation Council (TVTC) approved the new Joint Exercise of Powers Agreement, authorizing staff to forward the plan to the seven- member jurisdictions for local adoption. In order to adopt the proposed JEPA, the governing bodies of all seven-member jurisdictions must act to approve the JEPA. There are several reasons which prompted the need for a new JEPA. The TVTC voted for several changes which require a revision to the Joint Exercise of Powers Agreement (JEPA) executed in 1998, and the Joint Powers Agreement (JPA) executed in 1991. These decisions include a revision in the rotation of the Treasurer duties with the Chair assignment on a biennial basis, consolidation of the roles of Chair and Treasurer and retention of consultant services on an ongoing basis. The task of updating the JEPA and JPA identified several areas that are inconsistent and others that overlap. To enact the changes, the TVTC also authorized a top-to-bottom review of these two governing documents and directed the Technical Advisory Committee (TAC) to recommend amendments, and/or consolidations, as appropriate. The TAC developed a new Joint Exercise of Powers Agreement as a new stand alone agreement that officially supersedes all the previous agreements. The most significant change to the proposed JEPA is the removal of the Strategic Expenditure Plan (SEP) and the Tri-Valley Transportation Development Fee (TVTDF) documents from the JEPA. Changes to the SEP and TVTDF will be handled at the TVTC level, as opposed to requiring such changes to be brought before each agency's council/board. This will permit a more efficient operation of the TVTC by allowing flexibility to adapt to changes as needed. Other changes in the document include: 1. Overlapping Inconsistencies: Both the JPA (1991) and JEPA (1998) have overlapping sections, which are at times inconsistent with one another. 2. Outdated Language: Both documents contain language that is no longer applicable (e.g., references to a reimbursement of ACTIA for the 1-580/1-680 interchange construction). 3. Administrative Processes: Processes associated with the operation of the TVTC are embedded in at least one of these governing documents, which severely limits the ability of the TVTC to adapt to changing needs (e.g., a change in the rotation of the Chair from an annual to a biennial schedule necessitates a JEPA amendment). Page 2 of 4