B MEASURE B: To help reduce YES

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1 TRANSPORTATION AUTHORITY OF MARIN MEASURE B B MEASURE B: T help reduce YES traffic cngestin, maintain rads, imprve safety, and reduce air pllutin by: maintaining lcal and residen- NO tial streets and pathways; funding transprtatin ptins fr senirs and disabled persns; funding lcal pthle repair; prviding schl crssing guards and prviding safe access t schls; and, reducing cmmute trip cngestin and supprting a cleaner envirnment; shall Marin Cunty vters authrize a $10 fee n the registratin f vehicles, with citizen s versight, t be spent entirely within Marin Cunty? COUNTY COUNSEL S IMPARTIAL ANALYSIS OF MEASURE B TRANSPORTATION AUTHORITY OF MARIN MARIN COUNTY TRANSPORTATION IMPROVEMENT MEASURE B This Measure has been placed n the ballt by the Transprtatin Authrity f Marin. If apprved by a majrity f the vters, Measure B wuld authrize an increase f ten dllars ($10) in the mtr vehicle registratin fees fr all vehicles registered in Marin Cunty fr the exclusive purpse f funding lcal transprtatin prjects and prgrams that have a relatinship r benefit t the persns wh will be paying the fee. Measure B states that the fee wuld help reduce traffic cngestin, maintain rads, imprve safety, and reduce air pllutin by: maintaining lcal and residential streets and pathways; funding transprtatin ptins fr senirs and disabled persns; funding lcal pthle repair; prviding schl crssing guards and prviding safe access t schls; and, reducing cmmute trip cngestin and supprting a cleaner envirnment. The fee wuld be spent entirely within Marin Cunty, and versight f all revenues and expenditures related t the fee will be prvided by the existing Citizens Oversight Cmmittee f the Trans prtatin Authrity f Marin. s/patrick K. FAULKNER Cunty Cunsel ARGUMENT IN FAVOR OF MEASURE B Yu can take a psitive step this Nvember t help maintain lcal streets and rads, reduce traffic cngestin, imprve safety, prmte climate prtectin, and prvide fr Marin Cunty s lng-term transprtatin future by VOTING YES n Measure B. Measure B authrizes stable lcal funding fr essential transprtatin imprverments in Marin Cunty ONLY this is funding that the State can t take away. Measure B will: Help fix pthles and maintain lcal streets, rads, and pathways Make public transprtatin easier t use fr senir citizens and disabled residents Reduce lcal traffic cngestin Make it safer t get t wrk r schl, whether driving, using public transprtatin, bicycling, r walking Reduce pllutin frm cars and trucks, and encurage the use f alternative fuel vehicles The cst is mdest. Measure B authrizes a $10 fee n vehicles registered in Marin Cunty. Fix rads - Imprve safety. Measure B prvides funds t fix pthles and imprve safety n neighbrhd streets fr ALL users: drivers, transit riders, cyclists, pedestrians. Relieve traffic. Marin Cunty s netwrk f streets and rads is significantly cngested. Measure B increases transprtatin ptins fr everyne: senirs, yuth and disabled residents, while taking vehicles ff lcal streets and rads. Reduce Pllutin. Measure B prvides funds fr alternative fuel vehicles and schl and emplyer prgrams that supprt bicycle, pedestrian, and carpling mdes f transprtatin. Taxpayer prtectins are REQUIRED. An independent Citizens Oversight Cmmittee, annual financial audits, a written Expenditure Plan, and a 5% cap n administrative csts are MANDATORY t ensure funds are spent prperly. ALL Measure B funds must be spent entirely n Marin Cunty transprtatin imprvements. Envirnmental, business, labr, educatin, transit and senir advcates, plus citizens thrughut Marin Cunty urge yur supprt. Invest in a safer, healthier, mre efficient, cnvenient transprtatin future fr Marin Cunty. VOTE YES n Measure B. s/margy ELLER President, League f Wmen Vters f Marin Cunty s/allan BORTEL Chair, Marin Cunty Cmmissin n Aging s/kiki LA PORTA President, Sustainable Marin s/mary JANE BURKE Marin Cunty Superintendent f Schls s/joe O HEHIR Chief Executive Officer, Whistlestp NO ARGUMENT AGAINST MEASURE B WAS FILED. TAM-1

2 FULL TEXT OF MEASURE B MARIN COUNTY TRANSPORTATION IMPROVEMENT MEASURE A MEASURE PROVIDING FOR TRANSPORTATION IMPROVEMENTS IN MARIN COUNTY THROUGH A TEN DOLLAR VEHICLE REGISTRATION FEE Sectin 1. Title This Measure shall be knwn as the "Marin Cunty Transprtatin Imprvement Measure. If passed, the entity implementing the Measure will be the Transprtatin Authrity f Marin, acting as the designated Marin Cunty Cngestin Management Agency (hereafter the Authrity ). Sectin 2. Perid f Fee This Measure is intended t gvern the impsitin and cllectin in Marin Cunty f a ten dllar fee fr transprtatin-related prgrams and prjects that prvide a benefit t r therwise have a relatinship with the persns wh will be paying the fee. The new fee authrized by this Measure shall be impsed n each annual mtr-vehicle registratin r renewal f registratin ccurring n r after six mnths fllwing the Nvember 2, 2010 electin (hereafter the Vehicle Registratin Fee ) at which the Measure has been apprved by the vters, unless terminated by the vters f Marin Cunty. Sectin 3. Purpse This Measure authrizes a ten dllar fee t be impsed in perpetuity fr transprtatinrelated prjects and prgrams in Marin Cunty that prvide a benefit t r therwise have a relatinship with the persns wh will be paying the fee and that are cnsistent with an expenditure plan allcating revenue t said prjects and prgrams and the reginal transprtatin plan adpted pursuant t Califrnia Gvernment Cde sectin The Authrity has adpted an Expenditure Plan allcating the revenue frm the fee t transprtatin-related prgrams and prjects that prvide a benefit t r have a relatinship with the persns wh pay the fee, which Expenditure Plan Summary is attached heret and incrprated herein by this reference as thugh fully set frth herein. The purpses f this Measure are further as fllws: a. T authrize a ten dllar increase in mtr vehicle registratin, t be impsed in perpetuity, in accrdance with Califrnia Gvernment Cde sectin b. T imprve, cnstruct, maintain and perate certain transprtatin prjects and prgrams as identified in the Expenditure Plan adpted by the Authrity, and as that Plan may be amended frm time t time pursuant t applicable law. These Expenditure Plan prgrams and prjects include but are nt limited t thse that have the fllwing purpses: TAM-2

3 1. Prviding matching funds fr funding made available frm ther surces. 2. Creating r sustaining cngestin mitigatin prgrams and prjects, as they are defined in Califrnia Gvernment Cde sectin (c)(2)(A). 3. Creating r sustaining pllutin mitigatin prgrams and prjects, as they are defined in Califrnia Gvernment Cde sectin (c)(2)(B). Sectin 4. Cntract with Department f Mtr Vehicles The Authrity shall cntract with the Department f Mtr Vehicles t cllect and remit t the Authrity the fee impsed pursuant t Califrnia Gvernment Cde sectin upn the registratin r renewal f registratin f a mtr vehicle registered in the Cunty, except thse vehicles that are expressly exempted under this cde frm the payment f registratin fees, pursuant t Califrnia Vehicle Cde sectin Sectin 5. Use f Prceeds a. The prceeds f the fees gverned by this Measure shall be used slely fr the prgrams and purpses set frth in the Expenditure Plan and fr the administratin theref. b. The Authrity will administer the prceeds f the fee t carry ut the purpses described in the Expenditure Plan. All prjects must cmply with the Expenditure Plan and prvide a benefit t r therwise have a relatinship with the persns paying the fee. c. Pursuant t Califrnia Gvernment Cde sectin , nt mre than five percent f the fees shall be used fr administrative csts assciated with the prgrams and prjects. d. Pursuant t Califrnia Vehicle Cde sectin , the initial setup and prgramming csts identified by the Department f Mtr Vehicles t cllect the fee upn registratin r renewal f registratin f a mtr vehicle shall be advanced by the Authrity and repaid frm the fee. Any such cntract payment shall be repaid, with n restrictin n the funds, t the Authrity as part f the initial revenue available fr distributin. The csts deducted pursuant t this paragraph shall nt be cunted against the five percent administrative cst limit specified in Califrnia Gvernment Cde sectin (d). e. The csts f placing the Measure authrizing impsitin f the fee n the ballt as advanced by the Authrity, including payments t the Cunty Registrar f Vters and payments fr the printing f the prtins f the ballt pamphlet relating t the Vehicle Registratin Fee, may be paid r repaid frm the prceeds f the fee. At the discretin f the Authrity, these csts may be amrtized ver a perid f years. TAM-3

4 Sectin 6. N Use Outside Marin Cunty The prceeds f the fees impsed by this Measure shall be spent nly inside the limits f Marin Cunty. Nne f the prceeds, utside f the csts incurred by the Department f Mtr Vehicles t cllect the fee shall be available t r taken by the State f Califrnia. Sectin 7. Amendments Amendments t the Expenditure Plan shall be apprved by a tw-thirds vte f the Authrity s Bard. All relevant jurisdictins within the Cunty will be given a minimum f 45 days ntice and pprtunity t cmment n any prpsed Expenditure Plan amendment prir t its adptin. Any amended Expenditure Plan shall prvide funding nly fr prjects that prvide a benefit t r therwise have a relatinship with the persns paying the fee. Sectin 8. Bnding Authrity The Authrity shall be authrized t issue bnds r ther financial instruments fr the purpses f implementing the Expenditure Plan. The bnds will be paid frm the Vehicle Registratin Fee prceeds generated pursuant t this Measure. The csts assciated with bnding will be brne nly by the prjects and prgrams included in the Expenditure Plan. The csts assciated with bnding will be brne nly by thse elements in the Expenditure Plan utilizing the bnd prceeds. Such csts f issuance will be subject t public cmment befre apprving any bnd sale. Sectin 9. Severability If any part f this Measure r the applicatin theref t any persn r circumstance is held invalid, the remainder f the Measure and the applicatin f such part t ther persns r circumstances shall nt be affected. If any prpsed expenditure based n this Measure r the Expenditure Plan is held invalid, thse funds shall be redistributed prprtinately t ther expenditures in accrdance with the Expenditure Plan. Sectin 10. Effective Date This Measure shall take effect immediately upn clsing f the plls in Marin Cunty n the day f the electin at which the Measure is adpted by a majrity f the electrs vting. Ntwithstanding this effective date, the first cllectin f a Vehicle Registratin Fee fr registratin f a new vehicle will nt take place until six mnths fllwing the effective date, pursuant t Gvernment Cde sectin Als, pursuant t Gvernment Cde sectin , with respect t a renewal f registratin, n Vehicle Registratin Fee shall be cllected if the date fr renewal is prir t expiratin f that six mnth perid. TAM-4

5 M a r i n C u n t y T r a n s p r t a t i n I m p r v e m e n t M e a s u r e E x p e n d i t u r e P l a n S u m m a r y T R A N S P O R T A T I O N A U T H O R I T Y O F M A R I N Intrductin t Measure B This Measure, placed by the Transprtatin Authrity f Marin (TAM), pursuant t Califrnia Gvernment Cde sectin , authrizes a ten ($10) dllar increase in mtr vehicle registratin fees fr all vehicles registered in Marin Cunty, fr the exclusive purpse f funding lcal transprtatin prjects and prgrams. If apprved by a majrity f the vters f Marin Cunty, TAM will cllect and administer the Vehicle Registratin Fee (Fee) in accrdance with an Expenditure Plan (Plan), summarized belw. This measure is cnsistent with Senate Bill 83, which became law n Octber 11, 2009, enabling the cuntywide transprtatin planning agency (TAM), t prpse an annual vehicle registratin fee (VRF) f up t $10. As required by SB 83, the revenue generated by the new VRF wuld be returned t the Cunty t be spent exclusively n lcal transprtatin prgrams and prjects within Marin Cunty. The fee further meets the requirements f SB 83: Fees may nly be used t pay fr prgrams and prjects that bear a relatinship r benefit t the wners f mtr vehicles paying the fee and are cnsistent with a reginal transprtatin plan. Lcal administrative csts are limited t n mre than 5 percent f the fees cllected. Measure B Expenditure Plan Elements The funds cllected by the prpsed Vehicle Registratin Fee will be allcated accrding t the requirements f the Marin Cunty Vehicle Registratin Fee Expenditure Plan 1. The Plan will be reviewed and amended every ten years in a public prcess described in this dcument. The initial plan includes three elements, described briefly belw and in Figure 1, which fllws: Element 1 Maintain Lcal Streets and Pathways (40% f net revenue): 1a Maintain Lcal Streets: Funds will be used t maintain and imprve Marin Cunty s lcal streets fr mtrists, pedestrians, bicyclists, and transit users, thereby imprving radway perfrmance and safety. Funds will be distributed t cities, twns and the Cunty f Marin accrding t a frmula based n ppulatin (fifty percent) and lane miles (fifty percent). The frmula will be reviewed and updated every tw (2) years. (35% f net revenue) 1b Maintain Class I Bicycle / Pedestrian Pathways: Funding fr Class I pathway maintenance will be distributed by TAM annually t the agencies and jurisdictins wh wn, perate, r maintain eligible Class I pathways in Marin Cunty. The distributin f funds will be based n a publicly available, published inventry, adpted by TAM, f pathways cnstructed after January 1, This inventry will be updated every tw (2) years t accunt fr newly cnstructed Class I facilities thrughut Marin Cunty. In n case will funds allcated t an agency r jurisdictin exceed their actual expenses fr Class I pathway maintenance. (5% f net revenue) Element 2 Imprve Transit fr Senirs and Peple with Disabilities (35% f net revenue): Funds will be distributed t Marin Transit fr use n Mbility Management prgrams and enhancements t the specialized transprtatin system fr peple with disabilities (called paratransit r Whistle Stp Wheels) t include lder adults regardless f disability status. (35% f net revenue) Element 3 Reduce Cngestin and Pllutin (25% f net revenue): These funds will be allcated t three strategies, expanding and leveraging prgrams managed by TAM: Expenditures in this element ttal 25% f net revenue and include: Schl Safety and Cngestin Reductin including an enhancement f the Schl Crssing Guard prgram, 1 The cmplete Expenditure Plan, titled Marin Cunty Vehicle Registratin Fee Expenditure Plan, can be reviewed at Page 1 Transprtatin Authrity f Marin TAM-5

6 M a r i n C u n t y T r a n s p r t a t i n I m p r v e m e n t M e a s u r e E x p e n d i t u r e P l a n S u m m a r y T R A N S P O R T A T I O N A U T H O R I T Y O F M A R I N Lcal Marin Cunty Cmmute Alternatives, including prgrams that are designed t increase the use f carpls, vanpls, transit and bike and walk cmmutes t wrk. Alternative Fuel Vehicles, Infrastructure and Prmtin, including infrastructure fr electric vehicles. Page 2 Transprtatin Authrity f Marin TAM-6

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9 M a r i n C u n t y T r a n s p r t a t i n I m p r v e m e n t M e a s u r e E x p e n d i t u r e P l a n S u m m a r y T R A N S P O R T A T I O N A U T H O R I T Y O F M A R I N Key Prvisins and Cnditins f Measure B Cnsistency with the Reginal Transprtatin Plan The Expenditure Plan is cnsistent with the Metrplitan Transprtatin Cmmissin s Reginal Transprtatin Plan ( Transprtatin 2035 Plan ) and perfrmance bjectives utlined in the Reginal Transprtatin Plan. Details which supprt these findings are included in a separate dcument, Marin Cunty Summary f VRF Findings f Benefit. Agency Respnsible fr Administering Prceeds f Fee The Transprtatin Authrity f Marin ("TAM"), pursuant t Califrnia Gvernment Cde sectin , shall place a majrity vte ballt measure befre the vters t authrize a ten ($10) dllar increase in mtr vehicle registratin fees fr all vehicles registered in Marin Cunty. If s apprved, TAM will cllect and administer the Vehicle Registratin Fee (Fee) in accrdance with the Expenditure Plan (Plan). Annual Budget and Reprting The Annual Budget, adpted by TAM s elected Bard f Cmmissiners each year, will prject the expected fee revenue, ther anticipated funds and planned expenditures fr administratin and prgrams. In additin, TAM will prepare an Annual Reprt which will be made available t the public and will summarize revenues cllected and distributed each year. Befre adpting the Annual Reprt, cmments frm the public will be invited at a publicly nticed regular meeting f the TAM Bard. Use f Prceeds The prceeds f the fees gverned by this rdinance shall be used slely fr the prgrams and purpses set frth in the Expenditure Plan and fr the administratin theref. Indirect csts f prgrams as defined in federal Office f Management and Budget Circular A-87 shall nt be allwed as eligible expenditures f these fee prceeds. Pursuant t Califrnia Gvernment Cde sectin , nt mre than five (5) percent f the fees shall be used fr lcal administrative csts assciated with the prgrams and prjects. Pursuant t Califrnia Vehicle Cde sectin , the initial setup and prgramming csts identified by the Department f Mtr Vehicles (DMV) t cllect the Fee upn registratin r renewal f registratin f a mtr vehicle shall be paid by TAM frm the Fee. Any payments that TAM will advance t the Department f Mtr Vehicles (DMV) prir t the cllectin f the Fee prceeds shall be repaid ff the tp f the initial prceeds cllected, with n restrictin n the funds. The csts deducted pursuant t this paragraph shall nt be cunted against the five percent administrative cst limit specified in Califrnia Gvernment Cde sectin (d). Fllwing implementatin, annual csts incurred by the Department f Mtr Vehicles, assciated with the cllectin f the fee shall be taken ff the tp f the fees cllected with the remainder transmitted t the Transprtatin Authrity f Marin. Duratin f Fee The Fee, if s apprved, wuld be impsed annually, in perpetuity, unless repealed. The spending pririties utlined in this Plan will be reviewed and the Plan will be amended and republished as necessary at least every 10 years. Amendments t the Plan will be apprved by a tw-thirds vte f the TAM bard. Severability If any prvisin f this Plan r the applicatin theref t any persn r circumstance is held invalid, the remainder f this Plan and the applicatin theref t ther persns r circumstances shall nt be affected. If an expenditure element, r prtin f an element, f this Plan is fund t be invalid, the previusly allcated funds t said element will be distributed t the remaining elements n a pr-rata share basis. Page 5 Transprtatin Authrity f Marin TAM-9

10 M a r i n C u n t y T r a n s p r t a t i n I m p r v e m e n t M e a s u r e E x p e n d i t u r e P l a n S u m m a r y T R A N S P O R T A T I O N A U T H O R I T Y O F M A R I N Amendments t the Plan Amendments t the Plan shall be apprved by a tw-thirds vte f the TAM Bard. All jurisdictins within the Cunty, alng with the public, will be given a minimum f frty-five (45) days ntice and pprtunity t cmment n any prpsed Plan amendment prir t its adptin. Any amendments will be heard at a nticed public hearing prir t TAM Bard cnsideratin. Citizens Oversight Cmmittee The existing Citizens Oversight Cmmittee (COC), created by the TAM Bard with the assistance f the League f Wmen Vters t prvide versight fr the half-cent transprtatin sales tax (Measure A), will prvide versight f the vehicle registratin fee. The COC reprts directly t the public and will be respnsible fr reviewing all revenues and expenditures related t the Fee. The COC must hld public meetings t infrm Marin Cunty residents hw funds cllected frm the Fee are being spent. The Meetings will be pen t the public and must be held in cmpliance with the Brwn Act, Califrnia s pen meeting law. The Cmmittee must als publish infrmatin n the use f the Fee in an annual reprt. This reprt will be included as part f the annual reprt currently published by the COC related t the half-cent transprtatin sales tax. Cpies f these dcuments must be made widely available t the public at large. Members f the COC will be private citizens wh are neither elected fficials f any gvernment nr public emplyees frm any agency that either versees r benefits frm the prceeds f the Vehicle Registratin Fee. Membership will be restricted t individuals wh live in Marin Cunty. Membership is restricted t individuals withut persnal ecnmic interest in any f TAM s prjects. A single Citizens Oversight Cmmittee will versee bth the Measure A half-cent sales tax and the Vehicle Registratin Fee. Membership in the COC is utlined in Appendix A. Implementatin f Measure B 1. The Transprtatin Authrity f Marin (TAM) is charged with a fiduciary duty in administering the Vehicle Registratin Fee prceeds in accrdance with the applicable laws and the Expenditure Plan adpted by TAM. 2. All meetings f TAM will be cnducted in public accrding t State law, thrugh publicly nticed meetings. The annual budget f the Authrity, including the budget fr the use f these funds, will be prepared fr public scrutiny. TAM will select and allcate funds t specific prjects r prgrams frm each element in the Expenditure Plan. 3. Under n circumstances may the prceeds f this Vehicle Registratin Fee by applied t any purpse ther than fr transprtatin imprvements benefitting Marin Cunty. The funds may nt be used fr any transprtatin prjects r prgrams ther than thse specified in this Plan withut an amendment f the Expenditure Plan. 4. This Plan shall take effect at the clse f the plls n the day f electin, at which time the prpsitin is adpted by a majrity f the electrs vting n the measure. 5. Actual revenues may be higher r lwer than expected in this Plan due t changes in receipts and/r changes in the number f vehicles registered in Marin Cunty. Because the Expenditure Plan is based n percentage distributins, dllar values in this Plan are estimates nly. Actual revenues will be prgrammed ver the life f the Plan based n the percentage distributins identified in the Plan. Frmulas used t allcate lcal rad maintenance and pathway maintenance funds will be revised every 2 years, cnsistent with the lcal infrastructure distributin f Measure A transprtatin sales tax funds as utlined in TAM s Strategic Plan. 6. If applicable, prjects funded with the prceeds f the Vehicle Registratin Fee will be required t cmplete apprpriate Califrnia Envirnmental Quality Act (CEQA) clearance and ther necessary envirnmental review, cmpleted under the sle authrity f the recipient f the funds. Page 6 Transprtatin Authrity f Marin TAM-10

11 M a r i n C u n t y T r a n s p r t a t i n I m p r v e m e n t M e a s u r e E x p e n d i t u r e P l a n S u m m a r y T R A N S P O R T A T I O N A U T H O R I T Y O F M A R I N 7. New cities, twns r ther entities that cme int existence in Marin Cunty after this Fee is authrized by vters culd be cnsidered as eligible recipients f funds thrugh a Plan amendment. Page 7 Transprtatin Authrity f Marin TAM-11