To: Board of Supervisors
From: Transportation, Water and Infrastructure Committee
Report Title: Re-Appointment of Regional Measure 3 Independent Oversight Committee Members

RECOMMENDATIONS:
APPOINT Nazanin Shakerin and Kathy Chang to the Regional Measure 3 Independent Oversight Committee (IOC) for a term ending on June 30, 2027.
FISCAL IMPACT:
None to the County. RM3 IOC members are eligible for a $50.00 per meeting stipend (maximum of 4 meetings/year) and reimbursement of actual travel expenses as defined by the Bay Area Toll Authority (BATA). The stipend and travel reimbursement are both paid for by BATA.
BACKGROUND:
Senate Bill 595 (SB 595 - 2017) 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. The revenue from toll increases would fund several transportation projects and programs, including roadway operations, transit, and goods movement, that would provide congestion relief on transportation corridors at or approaching bridges throughout the Bay Area. This election took place on June 5, 2018, with voters approving a three-dollar toll increase, phased in one-dollar increments every three years through 2025, with the first one-dollar increase effective January 1, 2019.
SB 595 also required that the Bay Area Toll Authority (BATA) establish an independent oversight committee (IOC), comprised of two citizen representatives from each Bay Area county, within six months of the effective date of the toll increase. The RM3 IOC would convene to ensure that any toll revenues generated pursuant to the RM3 toll increase would be expended consistent with the applicable requirements of the RM3 expenditure plan, which contains a list of eligible transportation projects and programs.
At its July 9, 2019 meeting, the Board of Supervisors referred the IOC citizen representative recruitment to the Transportation, Water, and Infrastructure Committee (TWIC), and subsequently, on August 6, 2019, the Board authorized TWIC to select two citizen representatives. On August 12, 2019, TWIC interviewed seven applicants and selected Nazanin Shakerin and Kathy Chang to be appointed as the County citizen representatives to the IOC, with their terms ending August 12, 2023. On October 9, 2019, the Metropolitan Transportation Commission's (MTC) BATA Oversight Committee approved the County's appointments.
Shortly after voter approval of RM3, a lawsuit was filed to halt the toll increases. Due to the legal dispute, toll revenue already collected could not be disbursed to the eligible transportation projects and programs in the RM3 expenditure plan and the RM3 IOC has never convened. The legal dispute concluded in January 2023, with the court ruling in favor of RM3. BATA began allocating RM3 revenue to transportation projects and programs in June 2023. The RM3 IOC is expected to begin convening meetings soon.
UPDATE
In April 2023, MTC staff reached out to the County to request its appointment/reappointment of two representatives to the RM3 IOC for a term from July 2023 through June 2027.
When reached out to by County staff, both Ms. Shakerin and Ms. Chang expressed interest in continuing in their role as County RM3 IOC representatives. At its August 14, 2023 meeting, TWIC recommended that the Board of Supervisors re-appoint Ms. Shakerin and Ms. Chang to the RM3 IOC for a new term ending in June 30, 2027.
For reference, copies of Ms. Shakerin and Ms. Chang’s application and resume received during the 2019 RM3 IOC recruitment process are included as exhibits.
CONSEQUENCE OF NEGATIVE ACTION:
The County will have no representation on the RM3 Independent Oversight Committee.
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. |
ATTESTED: |
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Monica Nino, County Administrator and Clerk of the Board of Supervisors |
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By: |