Issuu

BATA Agenda Item 6b

Bay Area Toll Authority Oversight Committee June 12, 2019

Agenda Item 5c

BATA Resolution No. 131 – Establishment of the Regional Measure 3 Independent Oversight Committee Subject:

Establishment of the Regional Measure 3 Independent Oversight Committee

Background:

This resolution establishes the Regional Measure 3 (RM3) Independent Oversight Committee. On the June 5, 2018 ballot, RM3 was approved by voters, and on January 1, 2019, BATA implemented the first dollar of the associated toll increase. The law (Streets and Highways Code Section 30923(h)) requires establishment of an Independent Oversight Committee within six months of the effective date of the toll increase. Therefore, BATA must establish the RM3 Independent Oversight Committee by July 1, 2019. The Independent Oversight Committee will be tasked with ensuring that the revenues raised through Regional Measure 3 are spent consistently with the requirements set forth in Section 30914.7 of the Streets and Highways Code. The committee will annually review the expenditure of RM3 funds for the programs and projects specified in the RM3 Expenditure Plan and will prepare and submit a report to the transportation committee of each house of the Legislature summarizing its findings. The law also requires the Independent Oversight Committee to be composed of two representatives from each county within the jurisdiction of the Metropolitan Transportation Commission, to be appointed by the applicable county Board of Supervisors to serve a four-year term, limited to two terms. In addition, an amendment to the law (Assembly Bill 1041 as codified in Streets and Highways Code Section 30923(h)(3)) specifies eligibility restrictions for the committee: members of the committee cannot be current or former members or staff of MTC or BATA, current employees of an organization or person that has ever received funds from MTC or BATA, or previous employees or contractors of an organization or person that has ever received funds from MTC or BATA within one year of having worked for or contracted with that organization. On May 3, 2019, staff sent letters to the Boards of Supervisors of each county requesting the names of two individuals appointed to the Independent Oversight Committee within sixty (60) days (example attached). Staff intends to return to BATA as soon as possible with information regarding the counties’ nominees. Attachment A to BATA Resolution No. 131 will serve as the committee’s roster; any appointees

Bay Area Toll Authority Oversight Committee June 12, 2019 Page 2 of 2

Agenda Item Sc

received between the BATA Oversight meeting and the Authority meeting will be added to the attachment and noted for the Authority. Staff recommends that Independent Oversight Committee members receive a stipend of $50 per committee meeting attended, plus travel expenses, for up to four committee meetings per year. This policy is outlined in Attachment B to BATA Resolution No. 131. Issues:

Regional Measure 3 is the subject of ongoing litigation. However, to meet the requirements of SHC Section 30923(h), staff recommends that BATA establish the Independent Oversight Committee at this time. The committee would likely not meet until the litigation is resolved.

Recommendation:

Staff recommends that the Committee refer BATA Resolution No. 131 to the Authority for approval.

Attachments:

BATA Resolution No. 131 Example letter sent to counties on May 3, 2019

Therese W. McMillan

May 3, 2019

The Honorable Richard Valle President, Alameda County Board of Supervisors 1221 Oak Street, Room 536 Oakland, CA 94612-4224 RE: Amended Request for Regional Measure 3 Independent Oversight Committee Representatives from Alameda County Dear Supervisor Valle: This letter presents additional information regarding the request for representatives, in follow up to related correspondence sent to you on May 1. Please see below for further details including a new section on page 2 containing information that was inadvertently omitted from the original letter. Senate Bill 595 (SB 595) required the nine Bay Area counties to conduct a special election, known as Regional Measure 3 (RM3), on a proposed increase to toll rates on state-owned bridges in the region. This election took place on June 5, 2018, with voters approving a threedollar toll increase, phased in one dollar at a time over the course of six years. Effective January 1, 2019, the base toll rate on these bridges was increased by one dollar. Due to ongoing lawsuits against the measure, collected RM3 revenue is currently being held in an escrow account. SB 595 also required, if voters approved the RM3 toll increase, that the Bay Area Toll Authority (BATA) establish an independent oversight committee within six months of the effective date of the toll increase. Therefore, BATA will establish the RM3 independent oversight committee by July 1, 2019. This committee will be subject to the Brown Act. SB 595 specifies the following regarding the functions and membership of the independent oversight committee (Streets and Highways Code Section 30923 (h)):  BATA shall establish an independent oversight committee to ensure that any toll revenues generated pursuant to the RM3 toll increase are expended consistent with the applicable requirements of the RM3 expenditure plan set forth in Streets and Highways Code Section 30914.7.  The oversight committee shall include two representatives from each county within the jurisdiction of the commission.  Each representative shall be appointed by the applicable county board of supervisors and serve a four-year term and shall be limited to two terms.

 

The oversight committee shall annually review the expenditure of funds by BATA for the projects and programs specified in Section 30914.7 and prepare and submit a report to the transportation committee of each house of the Legislature summarizing its findings. The oversight committee may request any documents from BATA to assist the committee in performing its functions.

In addition, an amendment to the law specifies eligibility restrictions for the committee: A representative appointed to the oversight committee shall not be a member, former member, staff, or former staff of the Metropolitan Transportation Commission (MTC) or BATA, shall not be employed by any organization or person that has received or is receiving funding from MTC or BATA, and shall not be a former employee or a person who has contracted with any organization or person that has received or is receiving funding from MTC or BATA within one year of having worked for or contracted with that organization or person. (See Streets and Highways Code Section 30923 (h) (3).) Further, BATA anticipates providing the following support functions to the committee:  Making meeting space available at the Bay Area Metro Center  General administrative and clerk support  Stipend to members for meeting attendance BATA anticipates that committee matters such as meeting dates, frequency, and length will be established by the members of the committee. Please notify BATA in writing within sixty (60) days with the name of two individuals from Alameda County appointed by your board to the RM3 Independent Oversight Committee. Thank you for your assistance in the implementation of Regional Measure 3. Please contact Kimberly Ward at (415) 778-5367 with any questions, and do not hesitate to contact me for further discussion.

Sincerely,

Therese W. McMillan Executive Director

cc: Clerk of the Board of Supervisors TM:cb j_drive\PROJECT\_RM3\Implementation Planning\Independent Oversight Committee\RM3 Independent Oversight Committee - Request to County BOS for appointees.Updated.docx

Date: Referred by:

June 26, 2019 BATA Oversight

ABSTRACT BATA Resolution No. 131 This resolution establishes the Regional Measure 3 Independent Oversight Committee, as set forth in Section 30923(h) of the California Streets and Highways Code and approved by voters on the June 5, 2018 ballot. Further discussion of this resolution is contained in the BATA Oversight Committee Summary Sheet dated June 12, 2019.

Date: Referred by: Re:

June 26, 2019 BATA Oversight

Regional Measure 3 Independent Oversight Committee BAY AREA TOLL AUTHORITY RESOLUTION NO. 131 WHEREAS, on June 5, 2018, a special election was held in the City and County of San

Francisco, and the Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma (individually, each a “County” and, collectively, the “Counties”) to approve a toll increase of three dollars ($3.00) phased in over time, including a one dollar ($1.00) toll increase on January 1, 2019, a one dollar ($1.00) toll increase on January 1, 2022, and a one dollar ($1.00) toll increase on January 1, 2025, for vehicles traveling on the state-owned bridges located in the San Francisco Bay Area (“Regional Measure 3”); and WHEREAS, on September 26, 2018, the Bay Area Toll Authority (“Authority”) adopted Resolution No. 126 accepting certified statements from the Registrar of Voters of the City and County of San Francisco and each of the Counties and observing that a majority of all voters voting on Regional Measure 3 at such special election voted affirmatively for Regional Measure 3; and WHEREAS, on December 19, 2018, the Authority adopted Resolution No. 128 adopting a toll schedule phasing in the toll increase approved pursuant to Regional Measure 3, effective on January 1, 2019; and WHEREAS, in accordance with subsection (h) of Section 30923 of the California Streets and Highways Code (“SHC”), the Authority shall, within six months of the effective date of the toll increase, establish an independent oversight committee, with specified composition and duties; now, therefore, be it RESOLVED, that the Authority specifically finds and declares that the statements, findings and determinations of the Authority set forth in the preambles above are true and correct; and be it further RESOLVED, that pursuant to SHC § 30923(h), the Authority hereby establishes the Regional Measure 3 Independent Oversight Committee (“Committee”); and be it further

BATA Resolution No. 131 Page 2 RESOLVED, that the Committee shall annually review the expenditure of funds by the Authority for the projects and programs specified in SHC § 30914.7 and prepare and submit a report to the transportation committee of each house of the Legislature summarizing its findings, and that the Committee may request any documents from the Authority to assist the Committee in performing its functions; and be it further RESOLVED, that pursuant to SHC § 30923(h)(2), the Committee shall include two representatives from each county within the jurisdiction of the Metropolitan Transportation Commission (the “Commission”), and each representative shall be appointed by the applicable county board of supervisors and serve a four-year term and be limited to two terms; and be it further RESOLVED, that pursuant to SHC § 30923(h)(3), a representative appointed to the Committee shall not be a member, former member, staff, or former staff of the Commission or the Authority, shall not be employed by any organization or person that has received or is receiving funding from the Commission or the Authority, and shall not be a former employee or a person who has contracted with any organization or person that has received or is receiving funding from the Commission or the Authority within one year of having worked for or contracted with that organization or person; and be it further RESOLVED, that the Committee roster, as appointed by the applicable county board of supervisors, is contained in Attachment A to this resolution; and be it further RESOLVED, that the travel reimbursement rate and stipend policy for members of the Committee is contained in Attachment B to this resolution; and be it further RESOLVED, that the Chair of the Authority, the Vice Chair of the Authority, the Executive Director, the Chief Financial Officer and other appropriate officers and staff of the Authority, are hereby authorized and directed, jointly and severally, for and in the name and on behalf of the Authority, to do any and all things that they deem necessary or advisable in order to effectuate the purposes of this Resolution in accordance with the terms hereof and of applicable provisions of law.

BATA Resolution No. 131 Page 3 BAY AREA TOLL AUTHORITY

Scott Haggerty, Chair

The above resolution was entered into by the Bay Area Toll Authority at a regular meeting of the Authority held in San Francisco, California, on June 26, 2019.

Date: June 26, 2019 Referred by: BATA Oversight Attachment A BATA Resolution No. 131 Page 1 of 1

Regional Measure 3 Independent Oversight Committee Membership County

Member Name

Term Length

Term No.

Alameda