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BACKGROUND The Livermore/Amador Valley Transit Authority (LAVTA) was formed in 1985 by means of a Joint Exercise of Powers Agreement (JEPA) between the County of Alameda and the cities of Dublin, Livermore and Pleasanton pursuant to Government Code Section 6500 et seq. The JEPA provides for the creation of the Livermore/ Amador Valley Transit Authority as a separate and distinct public entity empowered to own, develop, operate and administer a public transportation system. The JEPA has remained virtually unchanged since its adoption in 1985. LAVTA has revised the JEPA in order to add new provisions which will facilitate the smooth operation of LAVTA and its Board, and to bring it in line with LAVTA's current practices. The LAVTA Board of Directors has approved the revisions and is now asking the cities and county to approve the amended and restated JEPA. DISCUSSION The following are the major changes to the document Chances to Voting Requirements The existing JEPA requires five votes for certain actions and mandates that at least 14 days pass between the introduction of such an action and its passage. The restated JEPA maintains these requirements for many actions but not for actions on contracts lasting for more than one year. This limitation on contract approvals proved to be a burden for staff by requiring atwo-month process to approve any contract that will last longer than 12 months regardless of the cost or significance. Treasurer The restated JEPA corrects an inconsistency between the JEPA and the Bylaws by designating LAVTA staff to act as treasurer. The existing JEPA has one of the member agencies being designated as Treasurer and controlling all funds of the agency. The Bylaws provide that the treasurer function may be exercised by LAVTA staff. The current practice is to have staff, under the direction of the Board, perform the functions of treasurer by controlling LAVTA's accounts with banks and the Local Agency Investment Fund. This practice conforms to state law but needs to be clarified in the JEPA. The amended and restated JEPA will state that the Treasurer function will be conducted by LAVTA staff. Clarifyina Restrictions on Power Agencies forming Joint Power Authorities are authorized to empower the Authority to exercise any legal power held in common by the member agencies, but the law also imposes a restriction on the exercise of the JPA's power so that it is limited to the powers of one of the member agencies. The current JEPA limits LAVTA's powers to that of the agency designated as its Treasurer. However, since there is no clear designation of a particular agency as Treasurer in the Bylaws, this provision is vague. Historically, the City of Pleasanton was designated as the Treasurer meaning that the Authority's powers were limited to that of a general law city. To clarify the legal limits on LAVTA's powers, the restated JEPA will specifically state that LAVTA's powers be limited to those of the City of Pleasanton meaning the powers will be limited to those of a general law city. Page 2 of 4