Loading...
CC SR 20161018 E - Measure MRANCHO PALOS VERDES CITY COUNCIL AGENDA REPORT AGENDA DESCRIPTION: MEETING DATE: 10/18/2016 AGENDA HEADING: Consent Calendar Consideration and possible action to take a position opposing Measure M ("The Los Angeles County Traffic Improvement Plan") on the November 8, 2016, countywide ballot. RECOMMENDED COUNCIL ACTION: (1) Adopt Resolution No. 2016-, thereby opposing Measure M. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Kit Fox, AICP, Senior Administrative Analyst REVIEWED BY: Gabriela Yap, Deputy City Manager ti APPROVED BY: Doug Willmore, City ManagerJ{� `T ATTACHED SUPPORTING DOCUMENTS: Resolution No. 2016-_ (page A-1) Measure M (page B-1) SBCCOG letter opposing Measure M (page C-1) BACKGROUND AND DISCUSSION: The Los Angeles County Metropolitan Transportation Authority (Metro) has placed Measure M, "The Los Angeles County Traffic Improvement Plan," on the November 8, 2016, countywide ballot. Measure M (Attachment B) would impose a half -cent countywide sale tax increase for an indefinite period in order to fund a wide variety of transportation -related projects throughout Los Angeles County. The countywide sales tax increase would increase to one (1) cent on July 1, 2039, upon the expiration of Measure R, which was approved by county voters in 2008. In August 2016, Rancho Palos Verdes joined a consortium of South Bay and Gateway cities' in a lawsuit against the Los Angeles County Registrar-Recorder/County Clerk challenging the ballot description for Measure M. Plaintiffs asserted that the ballot 1 Additional plaintiffs included the cities of Carson, Commerce, Norwalk, Santa Fe Springs, Signal Hill and Torrance. 1 language was misleading and that Metro did not specify most of the transportation projects that Measure M would fund. The measure's title, "Los Angeles County Traffic Improvement Plan," conveyed a false impression of equal distribution of tax dollars to improve traffic conditions throughout the county, but Measure M tax dollars would actually be spent disproportionately on high -dollar -value projects in the more affluent western and northern regions of the county. Unfortunately, the court rejected the cities' lawsuit in September 2016. Notwithstanding the court's action regarding the South Bay and Gateway cities' petition, the fact remains that the plain ballot language of Measure M does not adequately describe the measure's impact upon South Bay and Gateway cities. As described in a July 2016 letter (Attachment C) from the South Bay Cities Council of Governments (SBCCOG), Measure M would impose an unfair burden on local jurisdictions to fund Metro's regional rail projects; under -invest in and delay construction of critical local street projects until 2040 or later; and effectively impose a permanent countywide sales tax increase with little obligation or accountability to Metro's local agency partners. Therefore, Staff has prepared a draft resolution (Attachment A) expressing the City's opposition to Measure M for the City Council's consideration and adoption. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council's consideration: 1. Take no position on Measure M. 2. Direct Staff to further research this measure, and continue this matter to November 1, 2016. 2 RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF RANCHO PALOS VERDES IN OPPOSITION TO MEASURE M, THE "LOS ANGELES COUNTY TRAFFIC IMPROVEMENT PLAN" THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES RESOLVE AS FOLLOWS: WHEREAS, the South Bay Cities Council of Governments (SBCCOG) participated in the development of a countywide process to accumulate a listing of all sub -regional transportation projects, which resulted in the identification of $275 billion of transportation projects countywide; and, WHEREAS, the Los Angeles County Metropolitan Transportation Authority (Metro), in response to the identified need, developed an expenditure plan to address the project capital and operational needs for the County, which will be Metro's template for mobility for the next 40 years; and the tax itself will remove the sunset provision from Measure R and continue in perpetuity or until repealed by the electorate; and, WHEREAS, instead of giving the Measure R project initiatives first priority for new tax revenues, assuring that second and third decade Measure R projects are completed, Metro initiated a modeling process utilizing performance metrics that places well-defined projects with analysis in competition with new projects with assigned attributes. This modeling exercise has resulted in a reordering or resequencing of projects that benefited new projects from the City of Los Angeles and placed projects from the South Bay and other regions behind them; and, WHEREAS, multi -modal projects that would benefit cities in the South Bay are being "leapfrogged" by higher -profile projects in more affluent and/or politically -influential areas in western and northern Los Angeles County and being given priority access to Federal funding, which is simply not geographically equitable nor fair to the South Bay cities residents who will be funding these projects for decades before they truly benefit from them; and, WHEREAS, Measure M would impose an unfair burden on South Bay jurisdictions to fund Metro's regional rail projects; under -invest in and delay construction of critical local street projects until 2040 or later; and effectively impose a permanent countywide sales tax increase with little obligation or accountability to Metro's local agency partners. NOW, THEREFORE, the City Council of the City of Rancho Palos Verdes does hereby resolve as follows: Section 1: The City of Rancho Palos Verdes opposes Measure M. A-1 Section 2: The Mayor is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Rancho Palos Verdes and the Acting City Clerk, or her duly -appointed assistant, is directed to attest thereto. PASSED, APPROVED and ADOPTED this -th day of October 2016. Mayor ATTEST: City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Teresa Takaoka, Acting City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2016-_, was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on October 18, 2016. City Clerk Resolution No. 2016 - Page 2 of 2 A-2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Proposed Ordinance #16-01 Measure M Los Angeles County Traffic Improvement Plan PREAMBLE Los Angeles County's comprehensive plan to improve transportation and ease traffic congestion through the following core goals: Improve freeway traffic flow; reduce bottlenecks and ease traffic congestion. Expand the rail and rapid transit system; accelerate rail construction and build new rail lines; enhance local, regional, and express bus service; and improve system connectivity. Repave local streets, repair potholes, synchronize signals; improve neighborhood streets and intersections, and enhance bike and pedestrian connections. Keep the transit and highway system safe; earthquake -retrofit bridges, enhance freeway and transit system safety, and keep the transportation system in good working condition. Make public transportation more accessible, convenient, and affordable for seniors, students, and the disabled and provide better mobility options for our aging population. Embrace technology and innovation; incorporate modern technology, new advancements, and emerging innovations into the local transportation system. Create jobs, reduce pollution, and generate local economic benefits; increase personal quality time and overall quality of life. Provide accountability and transparency; protect and monitor the public's investments through independent audits and oversight. SECTION 1. TITLE This Ordinance shall be known and may be cited as the "Los Angeles County Traffic Improvement Plan" ("Ordinance"). The Ordinance shall include Attachment A entitled "Expenditure Plan" and Attachment B entitled "Subregional Maps" which are attached hereto and incorporated by reference as if fully set forth herein. SECTION 2. SUMMARY This Ordinance imposes a retail transactions and use tax at the rate of one-half of one percent (.5%) within Los Angeles County to be operative on the first day of the first calendar quarter commencing not less than 180 days after the adoption of this Ordinance by the voters. The rate of this tax shall increase to one percent (1.0%) on July 1, 2039 immediately upon the 1 expiration of the .5% tax imposed by Ordinance No. 08-01 of the Los Angeles County 2 Metropolitan Transportation Authority (Measure R). 3 4 SECTION 3. DEFINITIONS 5 The following terms, whenever used in this Ordinance, shall have the meanings set forth below: 6 "Active Transportation" means projects that encourage, promote, or facilitate 7 environments that promote walking, bicycling, rolling modes, or transit use. 8 "ADA Paratransit" means paratransit service for the disabled as provided for by the 9 Americans with Disabilities Act (42 U.S.C. § 12101 et seq.). 10 "Board of Equalization" means the California State Board of Equalization. 11 "Capital" means any project or program described in Attachment A that qualifies as a 12 capital improvement expenditure. 13 "Capital Improvement Expenditures" means expenditures for the purpose of acquiring, 14 upgrading, or maintaining transportation physical assets such as property, transportation 15 facilities, rail improvements, highways, or equipment, so long as any such expenditures for 16 maintenance substantially extend the useful life of the project. This also includes any physical 17 improvement and any preliminary studies, design, or surveys relative thereto, including, but 18 not limited to, any property of a permanent nature and equipment needed in connection with 19 such improvements. 20 "Complete Streets" means a comprehensive, integrated transportation network with 21 infrastructure and design that allows safe and convenient travel along and across streets for 22 all users, including pedestrians, users and operators of public transit, bicyclists, persons with 23 disabilities, seniors, children, motorists, users of green modes, and movers of commercial 24 goods. 25 "Expected Opening Date" means the date that a project is expected to be open for use 26 by the public, which is expressed as the first year of a three-year range. With respect to 27 programs, the expected opening date is the last year in which funds are anticipated to be 28 made available for use on the projects that comprise the program. 29 "Expenditure Plan" means that expenditure plan which is attached hereto as 30 Attachment A. 31 "First/Last Mile" means infrastructure, systems, and modes of travel used by transit 32 riders to start or end their transit trips. This includes but is not limited to infrastructure for 33 walking, rolling, and biking (e.g. bike lanes, bike parking, sidewalks, and crosswalks), shared 34 use services (e.g. bike share and car share), facilities for making modal connections (e.g. kiss 2 1 and ride and bus/rail interface), signage and way -finding, and information and technology that 2 eases travel (e.g. information kiosks and mobile apps). 3 "Green Streets" means urban transportation rights-of-way integrated with storm water 4 treatment techniques that use natural processes and landscaping and quantitatively 5 demonstrate that they capture and treat storm water runoff from their tributary watershed 6 through infiltration or other means and are included within the respective Enhanced 7 Watershed Management Plan. 8 "Gross Sales Tax" means the amount of Sales Tax collected by the Board of 9 Equalization pursuant to this Ordinance. 10 "Groundbreaking Start Date" means the first year of a three-year period by which the 11 applicable project sponsor is expected to award a construction contract enabling the 12 beginning of construction. In alternative project delivery methods, such as design -build and 13 public-private partnership contracts, it means the start of the actual construction phase or 14 phases of the project. 15 "Highway Construction" means a capital only project or program that includes all 16 environmental, design, and construction work in public highway and street rights-of-way. This 17 includes Complete Streets, Green Streets, and active transportation improvements such as 18 bikeways and pedestrian improvements. 19 "Interest" means interest and other earnings on cash balances. 20 "Local Return" means funds returned to the cities within Los Angeles and Los Angeles 21 County, based on population, for eligible transportation -related uses as defined by the Local 22 Return Guidelines to be developed in coordination with such cities and Los Angeles County 23 and adopted by the Metro Board of Directors. Funds will be eligible for communities' 24 transportation needs, including transit, streets and roads, storm drains, Green Streets, Active 25 Transportation Projects, Complete Streets, public transit access to recreational facilities, 26 Transit Oriented Community Investments, and other unmet transit needs. 27 "Measure R" means Ordinance No. 08-01, including the attached expenditure plan, of 28 the Los Angeles County Metropolitan Transportation Authority, as adopted by the Metro Board 29 of Directors on July 24, 2008. 30 "Measure R Projects" means those projects and programs identified in the expenditure 31 plan attached to Ordinance No. 08-01. 32 "Metro" means the Los Angeles County Metropolitan Transportation Authority or any 33 successor entity. 3 1 "Metro Rail Operations" means service delivery for operating and regular and 2 preventative maintenance for Metro Rail Lines as defined in guidelines adopted by the Metro 3 Board of Directors, as well as Metro State of Good Repair. 4 "Metro State of Good Repair" means the repair, rehabilitation, and replacement 5 required to maintain reliable, safe, effective, and efficient rail transit services. 6 "Multi -Year Subregional Programs" means multiple capital projects defined by 7 guidelines adopted pursuant to Section 7(c). 8 "Net Revenues" means Sales Tax Revenues minus any amount expended on 9 administrative costs pursuant to Section 10. 10 "Regional Rail" means regional commuter rail service within Los Angeles County, 11 including operating, maintenance, expansion, and state of good repair. 12 "Sales Tax" means a retail transactions and use tax. 13 "Sales Tax Revenues" means the Gross Sales Tax minus any refunds and any fees 14 imposed by the Board of Equalization for the performance of functions incident to the 15 administration and operation of this Ordinance. 16 "Schedule of Funds Available" means the anticipated schedule for releasing funds to 17 complete projects included in the Expenditure Plan. 18 "Subregion" means "subregional planning area" as shown by the boundaries in 19 "Subregional Maps" attached hereto as Attachment B. 20 "Transit Construction" means a capital only project or program including 21 environmental, design, and construction work in public transit rights-of-way or in support of the 22 capital needs of the public transit system, such as rolling stock, transit stations, or transit stop 23 improvements. Transit construction can also include first/last mile improvements. 24 "Transit Operations" means countywide transit service operated by Metro and the 25 Included and Eligible Municipal Operators receiving funds allocated through a Board -adopted 26 Formula Allocation Procedure (FAP). 27 28 SECTION 4. STATUTORY AUTHORITY 29 This Ordinance is enacted, in part, pursuant to: 30 a. Part 1.6 (commencing with Section 7251) of Division 2 of the California 31 Revenue and Taxation Code; and 32 b. Division 12 (commencing with Section 130000) of the California Public Utilities 33 Code. 34 4 1 SECTION 5. IMPOSITION OF RETAIL TRANSACTIONS AND USE TAX 2 a. Subject to the limits imposed by this Ordinance, Metro hereby imposes, in the 3 incorporated and unincorporated territory of Los Angeles County, a Transactions and Use tax 4 at the rate of one-half of one percent (.5%) beginning on the first day of the first calendar 5 quarter commencing not less than 180 days after the adoption of this Ordinance by the voters. 6 The rate of this tax shall increase to one percent (1.0%) on July 1, 2039 immediately upon the 7 expiration of the .5% tax imposed by Ordinance No. 08-01 of the Los Angeles County 8 Metropolitan Transportation Authority (Measure R). 9 b. This Transactions and Use tax shall be in addition to any other taxes 10 authorized by law, including any existing or future state or local Transactions and Use tax. 11 The imposition, administration, and collection of the tax shall be in accordance with all 12 applicable statutes, laws, and rules and regulations prescribed and adopted by the Board of 13 Equalization. 14 C. Pursuant to Section 130350.7(h) of the Public Utilities Code, the tax rate 15 authorized by this section shall not be considered for purposes of the combined rate limit 16 established by Section 7251.1 of the Revenue and Taxation Code. 17 d. Pursuant to the provisions of Section 7262.2 of the Revenue and Taxation 18 Code, the required provisions of Sections 7261 and 7262 of that Code as now in effect or as 19 later amended are adopted by reference in this Ordinance. 20 e. This Ordinance incorporates provisions identical to those of the Sales and Use 21 Tax Law of the State of California insofar as those provisions are not inconsistent with the 22 requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation 23 Code. 24 f. The Transactions and Use tax shall be administered and collected by the 25 Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the 26 least possible deviation from, the existing statutory and administrative procedures followed by 27 the Board of Equalization in administering and collecting the California State Sales and Use 28 Taxes. 29 g. This Transactions and Use tax shall be administered in a manner that will be, 30 to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the 31 Revenue and Taxation Code, minimizes the cost of collecting the transactions and use taxes, 32 and at the same time, minimizes the burden of record keeping upon persons subject to 33 taxation under the provisions of this Ordinance. 34 5 1 SECTION 6. ADMINISTRATION BY BOARD OF EQUALIZATION 2 a. CONTRACT WITH STATE. Prior to the operative date, Metro shall contract with 3 the Board of Equalization to perform all functions incident to the administration and operation of 4 this Ordinance; provided, that if Metro shall not have contracted with the Board of Equalization 5 prior to the operative date, it shall nevertheless so contract and in such a case the operative 6 date shall be the first day of the first calendar quarter following the execution of such a contract. 7 b. TRANSACTIONS TAX RATE. For the privilege of selling tangible personal 8 property at retail, a tax is hereby imposed upon all retailers in the incorporated and 9 unincorporated territory of Los Angeles County at the rate of one half of one percent (.5%) of the 10 gross receipts of any retailer from the sale of all tangible personal property sold at retail in said 11 territory on and after the operative date of this Ordinance. The rate of this tax shall increase to 12 one percent (1.0%) of the gross receipts on July 1, 2039 immediately upon the expiration of the 13 .5% tax imposed by Ordinance No. 08-01 of the Los Angeles County Metropolitan 14 Transportation Authority (Measure R). 15 C. PLACE OF SALE. For the purposes of this Ordinance, all retail sales are 16 consummated at the place of business of the retailer unless the tangible personal property sold 17 is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for 18 delivery to an out-of-state destination. The gross receipts from such sales shall include delivery 19 charges, when such charges are subject to the state sales and use tax, regardless of the place 20 to which delivery is made. In the event a retailer has no permanent place of business in the 21 State or has more than one place of business, the place or places at which the retail sales are 22 consummated shall be determined under rules and regulations to be prescribed and adopted by 23 the Board of Equalization. 24 d. USE TAX RATE. An excise tax is hereby imposed on the storage, use, or other 25 consumption in Los Angeles County of tangible personal property purchased from any retailer 26 on and after the operative date of this Ordinance for storage, use, or other consumption in Los 27 Angeles County at the rate of one half of one percent (.5%) of the sales price of the property. 28 The rate of this tax shall increase to one percent (1.0%) of the sales price of the property on 29 July 1, 2039 immediately upon the expiration of the .5% tax imposed by Ordinance No. 08-01 of 30 the Los Angeles County Metropolitan Transportation Authority (Measure R). The sales price 31 shall include delivery charges when such charges are subject to state sales or use tax 32 regardless of the place to which delivery is made. 33 e. ADOPTION OF PROVISIONS OF STATE LAW. Except as otherwise provided in 34 this Ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of 0 1 Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with 2 Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a 3 part of this Ordinance as though fully set forth herein. 4 f. LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF USE 5 TAXES. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code: 6 1. Wherever the State of California is named or referred to as the taxing 7 agency, the name of Metro shall be substituted therefor. However, the substitution shall not be 8 made when: 9 A. The word "State" is used as a part of the title of the State 10 Controller, State Treasurer, Victim Compensation and Government Claims Board, State Board 11 of Equalization, State Treasury, or the Constitution of the State of California; 12 B. The result of that substitution would require action to be taken by 13 or against Metro or any agency, officer, or employee thereof rather than by or against the Board 14 of Equalization, in performing the functions incident to the administration or operation of this 15 Ordinance. 16 C. In those sections, including, but not necessarily limited to sections 17 referring to the exterior boundaries of the State of California, where the result of the substitution 18 would be to: 19 i. Provide an exemption from this Sales Tax with respect to 20 certain sales, storage, use, or other consumption of tangible personal property which would not 21 otherwise be exempt from this Sales Tax while such sales, storage, use, or other consumption 22 remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue 23 and Taxation Code; or 24 ii. Impose this Sales Tax with respect to certain sales, 25 storage, use, or other consumption of tangible personal property that would not be subject to 26 this Sales Tax by the state under the said provision of that code. 27 D. In Sections 6701, 6702 (except in the last sentence thereof), 28 6711, 6715, 6737, 6797, or 6828 of the Revenue and Taxation Code. 29 2. The phrase "Los Angeles County" shall be substituted for the words "this 30 state" in the phrase "retailer engaged in business in this state" in Section 6203 and in the 31 definition of that phrase in Section 6203 of the Revenue and Taxation Code. 32 g. PERMIT NOT REQUIRED. If a seller's permit has been issued to a retailer 33 under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall 34 not be required by this Ordinance. 7 1 h. EXEMPTIONS AND EXCLUSIONS. 2 1. There shall be excluded from the measure of the transactions tax and the 3 use tax the amount of any sales tax or use tax imposed by the State of California or by any city, 4 city and county, or county pursuant to the Bradley -Burns Uniform Local Sales and Use Tax Law 5 or the amount of any state -administered transactions or use tax. 6 2. There are exempted from the computation of the amount of transactions 7 tax the gross receipts from: 8 A. Sales of tangible personal property, other than fuel or petroleum 9 products, to operators of aircraft to be used or consumed principally outside the County in which 10 the sale is made and directly and exclusively in the use of such aircraft as common carriers of 11 persons or property under the authority of the laws of this State, the United States, or any 12 foreign government. 13 B. Sales of property to be used outside Los Angeles County which is 14 shipped to a point outside Los Angeles County, pursuant to the contract of sale, by delivery to 15 such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a 16 consignee at such point. For the purposes of this paragraph, delivery to a point outside Los 17 Angeles County shall be satisfied: 18 i. With respect to vehicles (other than commercial vehicles) 19 subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of 20 the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, 21 and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of 22 the Vehicle Code by registration to an address outside Los Angeles County and by a declaration 23 under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her 24 principal place of residence; and 25 ii. With respect to commercial vehicles, by registration to a 26 place of business outside Los Angeles County and declaration under penalty of perjury, signed 27 by the buyer, that the vehicle will be operated from that address. 28 C. The sale of tangible personal property if the seller is obligated to 29 furnish the property for a fixed price pursuant to a contract entered into prior to the operative 30 date of this Ordinance. 31 D. A lease of tangible personal property which is a continuing sale of 32 such property, for any period of time for which the lessor is obligated to lease the property for an 33 amount fixed by the lease prior to the operative date of this Ordinance. N 1 E. For the purposes of subparagraphs (C) and (D) of this section, the 2 sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a 3 contract or lease for any period of time for which any party to the contract or lease has the 4 unconditional right to terminate the contract or lease upon notice, whether or not such right is 5 exercised. 6 3. There are exempted from the use tax imposed by this Ordinance, the 7 storage, use, or other consumption in Los Angeles County of tangible personal property: 8 A. The gross receipts from the sale of which have been subject to a 9 transactions tax under any state -administered transactions and use tax ordinance. 10 B. Other than fuel or petroleum products purchased by operators of 11 aircraft and used or consumed by such operators directly and exclusively in the use of such 12 aircraft as common carriers of persons or property for hire or compensation under a certificate 13 of public convenience and necessity issued pursuant to the laws of this State, the United States, 14 or any foreign government. This exemption is in addition to the exemptions provided in 15 Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California. 16 C. If the purchaser is obligated to purchase the property for a fixed 17 price pursuant to a contract entered into prior to the operative date of this Ordinance. 18 D. If the possession of, or the exercise of any right or power over, the 19 tangible personal property arises under a lease which is a continuing purchase of such property 20 for any period of time for which the lessee is obligated to lease the property for an amount fixed 21 by a lease prior to the operative date of this Ordinance. 22 E. For the purposes of subparagraphs (C) and (D) of this section, 23 storage, use, or other consumption, or possession of, or exercise of any right or power over, 24 tangible personal property shall be deemed not to be obligated pursuant to a contract or lease 25 for any period of time for which any party to the contract or lease has the unconditional right to 26 terminate the contract or lease upon notice, whether or not such right is exercised. 27 F. Except as provided in subparagraph (G), a retailer engaged in 28 business in Los Angeles County shall not be required to collect use tax from the purchaser of 29 tangible personal property, unless the retailer ships or delivers the property into the County or 30 participates within the County in making the sale of the property, including, but not limited to, 31 soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer 32 in County or through any representative, agent, canvasser, solicitor, subsidiary, or person in the 33 County under the authority of the retailer. 9 FE7JUe 1 G. "A retailer engaged in business in Los Angeles County" shall also 2 include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 3 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in 4 compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered 5 under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be 6 required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or 7 aircraft at an address in Los Angeles County. 8 4. Any person subject to use tax under this Ordinance may credit against 9 that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or 10 retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and 11 Taxation Code with respect to the sale to the person of the property the storage, use, or other 12 consumption of which is subject to the use tax. 13 i. AMENDMENTS. All amendments subsequent to the effective date of this 14 Ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use 15 taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and 16 Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and 17 Taxation Code, shall automatically become a part of this Ordinance, provided however, that no 18 such amendment shall operate so as to affect the rate of tax imposed by this Ordinance. 19 j. ENJOINING COLLECTION FORBIDDEN. No injunction or writ of mandate or 20 other legal or equitable process shall issue in any suit, action, or proceeding in any court 21 against the State or Metro, or against any officer of the State or Metro, to prevent or enjoin the 22 collection under this Ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, 23 of any tax or any amount of tax required to be collected. 24 25 SECTION 7. USE OF REVENUES 26 a. All Net Revenues generated from the Sales Tax imposed pursuant to this 27 Ordinance plus any Interest, less any funds necessary for satisfaction of debt service and 28 related requirements of all bonds issued and obligations incurred pursuant to this Ordinance 29 that are not satisfied out of separate allocations, shall be allocated solely for the transportation 30 purposes described in this Ordinance. 31 b. Metro shall establish and administer a sales tax revenue fund and such 32 subfunds as established in this Ordinance. All Net Revenues and Interest on Sales Tax 33 Revenues shall be credited into the sales tax revenue fund and credited to the appropriate 34 subfunds and programs in accordance with the percentages in the column entitled "% of Sales 10 IS 1 Tax (net of Admin)" on page 1 of Attachment A. All sums in the sales tax revenue fund shall 2 be expended by Metro for the projects and programs described in Attachment A. Metro may 3 expend additional funds from sources other than the Sales Tax imposed pursuant to this 4 Ordinance on the projects and programs described in Attachment A. 5 1. Metro shall establish the following subfunds of the sales tax revenue 6 fund: 7 A. Transit Operating and Maintenance Subfund, for Metro Rail 8 Operations program funds, Transit Operations (Metro and Municipal Providers) program funds, 9 ADA Paratransit for the disabled and Metro discounts for seniors and students program funds. 10 i. Metro Rail Operations program funds are eligible to be 11 used for Metro Rail State of Good Repair. 12 ii. Transit Operations program funds are eligible to be used 13 for Metro State of Good Repair. 14 B. Transit, First/Last Mile (Capital) Subfund, for Transit Construction 15 (including System Connectivity Projects — Airports, Union Station, and Countywide BRT) 16 program funds and Metro State of Good Repair program funds. This subfund shall include a 17 Transit Contingency Subfund. 18 i. Transit Contingency Subfund. All Net Revenues allocated 19 to the Transit, First/Last Mile (Capital) Subfund, except those allocated to Metro State of Good 20 Repair, that are not assigned to a specific project or program coded "T" in the "modal code" 21 column of Attachment A shall be credited to the Transit Contingency Subfund. 22 C. Highway, Active Transportation, Complete Streets (Capital) 23 Subfund, for Highway Construction (including System Connectivity Projects — Ports, Highway 24 Congestion Programs and Goods Movement) program funds and Metro Active Transportation 25 (Bicycle, Pedestrian, Complete Streets) program funds. This subfund shall include a Highway 26 Contingency Subfund. 27 i. Highway Contingency Subfund. All Net Revenues 28 allocated to the Highway, Active Transportation, Complete Streets (Capital) Subfund, except 29 those allocated to Metro Active Transportation Program, that are not assigned to a specific 30 highway capital project or program coded "H" in the "modal code" column of Attachment A shall 31 be credited to the Highway Contingency Subfund. 32 D. Local Return/Regional Rail Subfund, for Local Return program 33 funds and Regional Rail program funds. 34 2. For each project identified in the "Expenditure Plan Major Projects" 11 B-11 1 section of Attachment A, Metro shall expend the amount of Net Revenues specified in the 2 column entitled "Measure M Funding 2015$" for each project. Such expenditures shall 3 commence in the fiscal year identified in the column "Groundbreaking Start Date," or in the 4 subsequent two fiscal years, except that expenditures for preconstruction costs may commence 5 sooner. 6 A. Metro may expend funds from the Contingency Subfunds for 7 inflation adjustments for any project identified in the "Expenditure Plan Major Projects" section 8 of Attachment A if less than two-thirds (2/3) of the amount allocated in the "Measure M 9 Funding 2015$" column has been expended prior to the first day of Fiscal Year 2027. Such 10 expenditures shall be deducted from the Highway Contingency Subfund if the project is coded 11 "H" in the "modal code" column of Attachment A or from the Transit Contingency Subfund if 12 the project is coded "T" in the "modal code" column of Attachment A. Such expenditures shall 13 not exceed the actual amount of inflation since 2015 as determined by an index selected by 14 the Metro Board of Directors. 15 3. For each program identified in the "Multi -Year Subregional Programs" 16 section of Attachment A, Metro shall expend the amount of Net Revenues specified in the 17 column entitled "Measure M Funding 2015$" for each program. Such expenditures shall 18 commence in the fiscal year identified in the column "Groundbreaking Start Date," or in the 19 subsequent two fiscal years, except that expenditures for preconstruction costs may 20 commence sooner. 21 A. Metro may expend funds from the Contingency Subfunds for 22 inflation adjustments for any project identified in the "Multi -Year Subregional Programs" 23 section of Attachment A beginning in Fiscal Year 2027. Such expenditures shall be deducted 24 from the Highway Contingency Subfund if the project is coded "H" in the "modal code" column 25 of Attachment A or from the Transit Contingency Subfund if the project is coded "T" in the 26 "modal code" column of Attachment A. Such expenditures shall not exceed the actual amount 27 of inflation since 2015 as determined by an index selected by the Metro Board of Directors. 28 4. Metro shall expend funds allocated to the Contingency Subfunds, to the 29 extent necessary, to service the debt of any bonds issued or other obligations incurred 30 pursuant to Section 12 of this Ordinance. 31 5. Metro may expend funds from the Contingency Subfunds for 32 Expenditure Plan Major Projects or Multi -Year Subregional Programs in any fiscal year in 33 which Net Revenues received are not sufficient to meet Metro's funding obligations for that 34 year for such projects. 12 B-12 1 6. No earlier than July 1, 2039, the Metro Board of Directors shall increase 2 the percentage of Net Revenues allocated to the Regional Rail program of the Local Return 3 and Regional Rail Subfund from one percent (1 %) to two percent (2%) provided that the 4 recipient(s) satisfy certain performance criteria, which shall be adopted by the Metro Board of 5 Directors. Any such increase in Net Revenues allocated to Regional Rail shall be offset by 6 corresponding reductions in Net Revenues allocated to either the Transit, First/Last Mile 7 (Capital) Subfund or Highway, Active Transportation, Complete Streets (Capital) Subfund, or 8 both. No reduction shall delay any projects in Attachment A. 9 7. On July 1, 2039, the percentage of Net Revenues allocated to the Local 10 Return program shall increase by three percent of Net Revenues. The Metro Board of 11 Directors shall make corresponding reductions to either the Transit Construction or Highway 12 Construction programs, or both. No reduction shall delay any projects in Attachment A. 13 C. The Metro Board of Directors shall adopt guidelines regarding Multi -Year 14 Subregional Programs identified in Attachment A. The guidelines shall, at minimum, specify 15 definitions of active transportation, first/last mile, visionary seed project studies, street car and 16 circulator projects, greenway projects, mobility hubs, highway efficiency and operational 17 improvement projects, bus system improvements, highway demand -based programs (such as 18 high occupancy vehicle extensions and connections), transit capital projects, transportation 19 system and mobility improvements, bus rapid transit capital improvements, safe route to 20 schools, multi -modal connectivity projects, arterial street improvements, freeway interchange 21 improvements, goods movement improvements, highway and transit noise mitigations, 22 intelligent transportation systems, transportation technology improvements, streetscape 23 enhancements and Great Streets, public transit state of good repair, and traffic congestion 24 relief improvements. 25 d. Metro may enter into an agreement with the Board of Equalization to transfer 26 Sales Tax Revenues directly to a bond trustee or similar fiduciary, in order to provide for the 27 timely payment of debt service and related obligations, prior to Metro's receipt and deposit of 28 such Sales Tax Revenues into the sales tax revenue fund; provided, however, that such 29 payments of debt service and related obligations shall be allocated to the appropriate subfund 30 consistent with the expenditure of the proceeds of the corresponding debt. 31 e. Metro shall include the projects and programs in Attachment A in the Long 32 Range Transportation Plan within one year of the date the Ordinance takes effect. The revised 33 and updated Long Range Transportation Plan shall also include capital projects and capital 34 programs that are adopted by each subregion that are submitted to Metro for inclusion in the 13 B-13 1 revised and updated Long Range Transportation Plan, if the cost and schedule details are 2 provided by the subregions, in a manner consistent with the requirements of the plan. 3 f. Three percent (3%) of the total project cost of any Expenditure Plan Major 4 Project coded "T" in Attachment A shall be paid by each incorporated city within Los Angeles 5 County, and Los Angeles County for those projects in unincorporated areas, based upon the 6 percent of project total centerline track miles to be constructed within that jurisdiction's borders if 7 one (1) or more stations are to be constructed within the borders of said jurisdiction. An 8 agreement approved by both Metro and the governing board of the jurisdiction shall specify the 9 total project cost determined at the conclusion of thirty percent (30%) completion of final design 10 (which shall not be subject to future cost increases), the amount to be paid, and a schedule of 11 payments. If the total project cost estimate is reduced after the conclusion of thirty percent 12 (30%) completion of final design, the proportionate cost to the jurisdiction shall be reduced 13 accordingly. The jurisdiction may request a betterment for a project. The jurisdiction, however, 14 shall incur the full cost of any such betterment. Such agreements shall be in accordance with 15 guidelines adopted by the Metro Board of Directors. 16 1. If no agreement is entered into and approved prior to the award of 17 any contract authorizing the construction of the project within the borders of the jurisdiction, or if 18 at any time the local jurisdiction is in default of any sums due pursuant to the approved 19 agreement, all funds contained in the Local Return/Regional Rail Subfund allocated to that 20 jurisdiction may, at Metro's sole discretion, be withheld for not longer than fifteen (15) years and 21 used to pay for the project until the three percent (3%) threshold is met. 22 g. Once every ten (10) years, beginning in Fiscal Year 2027, Metro shall conduct 23 a comprehensive assessment of each project and program identified in Attachment A as an 24 "Expenditure Plan Major Project" or "Multi -Year Subregional Program." This assessment shall 25 determine which projects or programs are either completed, or anticipated to be completed 26 during the next ten-year period. The Measure M Independent Taxpayer Oversight Committee 27 of Metro, established pursuant to Section 8, shall review and comment on the assessment. 28 Metro shall also conduct a public review prior to the assessment's approval. Upon approval of 29 this assessment by a two-thirds vote, the Metro Board of Directors may: 30 1. Add "Expenditure Plan Major Projects" and "Multi -Year Subregional 31 Programs" to the Expenditure Plan by a two-thirds (2/3) vote so long as such additions do not 32 delay the Groundbreaking Start Date, Expected Opening Date, or amount of "Measure M 33 Funding 2015$" of any other "Expenditure Plan Major Project" or "Multi -Year Subregional 14 AWA 1 Program." No "Expenditure Plan Major Projects" or "Multi -Year Subregional Programs" may 2 be added to the Expenditure Plan except through the decennial process described herein. 3 A. Should an "Expenditure Plan Major Project" or "Multi -Year 4 Subregional Program", except for those coded "sc" in the "subregion" column of Attachment A, 5 be completed without the expenditure of all Net Revenues allocated to that project or program 6 in Attachment A, the surplus Net Revenues shall be expended on projects or programs in the 7 same subregion as the project or program so completed. The Metro Board of Directors shall 8 determine by a two-thirds (2/3) vote whether a project or program is complete. 9 B. Should an "Expenditure Plan Major Project" or "Multi -Year 10 Subregional Program" coded "sc" in the "subregion" column of Attachment A be completed 11 without the expenditure of all Net Revenues allocated to that project or program in Attachment 12 A, the surplus Net Revenues shall be expended on another "Expenditure Plan Major Project" 13 or "Multi -Year Subregional Program" coded "sc" in the "subregion" column of Attachment A. 14 The Metro Board of Directors shall determine by a two-thirds (2/3) vote whether a project or 15 program is complete. 16 2. Adopt an amendment to transfer Net Revenues between the Transit, 17 First/Last Mile (Capital) Subfund and the Highway, Active Transportation, Complete Streets 18 (Capital) Subfund pursuant to Section 11(c). No such amendment shall be adopted except 19 through the decennial process described herein. 20 3. Adopt an amendment to Attachment B pursuant to Section 11(a). No 21 such amendment shall be adopted except through the decennial process described herein 22 provided, however, the Metro Board of Directors shall not adopt an amendment to Attachment 23 B prior to the comprehensive assessment in Fiscal Year 2047. 24 h. No Net Revenues generated from the Sales Tax shall be expended on the 25 State Route 710 North Gap Closure Project. 26 i. Notwithstanding any other provision of this Ordinance, no recipient of Local 27 Return program funds may expend more than thirty-three and one-third percent (33'/3 %) of 28 total funds received in any fiscal year on Green Streets. 29 30 SECTION 8. OVERSIGHT 31 a. There is hereby established a Measure M Independent Taxpayer Oversight 32 Committee of Metro ("Committee") to provide an enhanced level of accountability for 33 expenditures of sales tax revenues made under the Expenditure Plan. The Committee shall 15 B-15 1 meet at least four (4) times each year to carry out the purposes of this Ordinance. The 2 Committee reports directly to the Metro Board of Directors and the public. 3 b. It is the intent that the Committee will assist Metro and take advantage of 4 changing situations in the future with regard to technologies and transportation developments. 5 Therefore, the provisions contained in this Ordinance are based on a 2016 perspective and are 6 not meant to be unduly restrictive on the Committee's and Metro's roles and responsibilities. 7 C. Committee Membership. The Committee Members established for oversight 8 shall carry out the responsibilities laid out in this Ordinance and play a valuable and constructive 9 role in the ongoing improvement and enhancement of this Ordinance. 10 1. As such, the Committee Members shall be comprised of seven (7) 11 voting members representing the following professions or areas of expertise: 12 A. A retired Federal or State judge 13 B. A professional from the field of municipal/public finance and/or 14 budgeting with a minimum of ten (10) years of relevant experience 15 C. A transit professional with a minimum of ten (10) years of 16 experience in senior -level decision making in transit operations and labor practices 17 D. A professional with a minimum of ten (10) years of experience in 18 management and administration of financial policies, performance measurements, and reviews 19 E. A professional with demonstrated experience of ten (10) years or 20 more in the management of large-scale construction projects 21 F. A licensed architect or engineer with appropriate credentials in the 22 field of transportation project design or construction and a minimum of ten (10) years of relevant 23 experience 24 G. A regional association of businesses representative with at least 25 ten (10) years of senior -level decision making experience in the private sector 26 2. The intent is to have one member representing each of the specified 27 areas of expertise. If, however, after a good faith effort, qualified individuals have not been 28 identified for one (1) or more of the areas of expertise, then no more than two (2) members from 29 one (1) or more of the remaining areas of expertise may be selected. 30 3. The members of the Committee must reside in Los Angeles County and 31 be subject to conflict of interest provisions. No person currently serving as an elected or 32 appointed city, county, special district, state, or federal public officeholder shall be eligible to 33 serve as a member of the Committee. 34 d. Conflict of Interest. The Committee members shall be subject to Metro's conflict 16 Ins 1 of interest policies. The members shall have no legal action pending against Metro and are 2 prohibited from acting in any commercial activity directly or indirectly involving Metro, such as 3 being a consultant to Metro or to any party with pending legal actions against Metro during their 4 tenure on this Committee. Committee members shall not have direct commercial interest or 5 employment with any public or private entity, which receives sales tax funds authorized by this 6 Ordinance. 7 e. Committee Membership Selection Panel. The Selection Panel ("Panel") shall 8 select for approval the Oversight Committee Members, who will be responsible for performing 9 the responsibilities under this Ordinance. The Panel will be comprised of three (3) persons, 10 each of whom shall be members of the Metro Board of Directors, or their designee. 11 1. The Panel shall be selected as follows, and will represent the existing 12 leadership of Metro's Board (Chair, Vice Chair, and second Vice Chair): 13 A. One representative from the Los Angeles County Board of 14 Supervisors; and 15 B. One representative selected by the Mayor of the City of Los 16 Angeles; and 17 C. One representative from the Los Angeles County Cities 18 2. The Panel shall screen and recommend potential candidates for 19 Committee Membership. The Panel will develop guidelines to solicit, collect, and review 20 applications of potential candidates for membership on the Committee. The filling of 21 membership vacancies, due to removals and reappointments will follow these same guidelines. 22 3. The recommended candidates for Committee Membership 23 shall be approved by the Metro Board by a simple majority. 24 f. Term. Each member of the Committee shall serve for a term of five (5) years, 25 and until a successor is appointed, except that initial appointments may be staggered with terms 26 of three (3) years. A Committee member may be removed at any time by the appointing 27 authority. Term limits for Committee members will be staggered to prevent significant turnover 28 at any one time. There is no limit as to the number of terms that a Committee member may 29 serve. Members will be compensated through a stipend and they may choose to waive. 30 g. Resignation. Any member may, at any time, resign from the Committee upon 31 written notice delivered to the Metro Board. Acceptance of any public office, the filing of intent 32 to seek public office, including a filing under California Government Code Section 85200, or 33 change of residence to outside the County shall constitute a Member's automatic resignation. 34 h. Committee Responsibilities. The Committee shall, at a minimum, meet on a 17 B-17 1 quarterly basis to carry out its responsibilities and is hereby charged with the following 2 responsibilities: 3 1. General Responsibilities 4 A. The Committee will have the responsibility for approving the scope 5 of work and direct the work of the auditors, to include at minimum the above mentioned areas. 6 Selection of the auditors will follow the Board approved procurement and solicitation policies. 7 The Committee will be involved in the solicitation and selection process of the auditors. 8 B. The Committee shall prepare an annual report on the results of the 9 annual audit per Section 8(h)(3)(B), any findings made, and report the comments to the Metro 10 Board of Directors. 11 C. The Committee shall review all proposed debt financing and make 12 a finding as to whether the benefits of the proposed financing for accelerating project delivery, 13 avoiding future cost escalation, and related factors exceed issuance and interest costs. 14 D. The Committee shall review any proposed amendments to the 15 Ordinance, including the Expenditure Plan, and make a finding as to whether the proposed 16 amendments further the purpose of the Ordinance. 17 2. Quarterly Responsibilities. The Committee shall at minimum review the 18 following: 19 A. For each Subfund, make findings on the effective and efficient use 20 of funds. 21 B. For Local Return funds, review the programmed revenues and 22 uses for each of the local jurisdictions. 23 C. For Transit and Highway (Capital), review comparison of budget 24 expended to project milestone completion, comparison of contingency spent to project 25 completion, and review of soft costs expended. 26 D. For Active Transportation Program, review programmed revenues 27 and uses. 28 E. For State of Good Repair, review budget and expenses. 29 F. For Transit Operating and Maintenance (which includes Metro Rail 30 Operations, Transit Operations, ADA Paratransit for the disabled/Metro discounts for seniors 31 and students, and Regional Rail), review budget and expenses. 32 3. Annual Responsibilities 33 A. The Committee shall review the results of the audit performed IN • 1 and make findings as to whether Metro is in compliance with the terms of the Ordinance. Such 2 findings shall include a determination as to whether recipients of Net Revenues allocated and 3 funds were expended for all the Subfunds (listed in Attachment A) and have complied with this 4 Ordinance and any additional guidelines developed by Metro. 5 B. Annual Financial and Compliance Audit. Metro shall contract for 6 an annual audit, to be completed within six (6) months after the end of the fiscal year being 7 audited, for the purpose of determining compliance by Metro with the provisions of this 8 Ordinance relating to the receipt and expenditure of Sales Tax Revenues during such fiscal 9 year. The audit should include a determination as to whether recipients of Net Revenues 10 allocated from these Subfunds have complied with this Ordinance and any additional guidelines 11 developed by Metro for these Subfunds. 12 C. For major corridor projects, included in the Expenditure Plan, the 13 Committee shall review at least once a year: 14 i. Project costs, established LOP budgets, and any 15 significant cost increases and/or major scope changes of the major corridor projects identified in 16 the Expenditure Plan. 17 ii. The funding available and programmed for the projects 18 included in the Expenditure Plan, as well as any funding gaps for each of these projects. The 19 Committee shall provide recommendations on possible improvements and modifications to 20 deliver the Plan. 21 iii. Performance in terms of project delivery, cost controls, 22 schedule adherence, and related activities. 23 4. Five -Year Responsibilities 24 A. The Committee shall review the Comprehensive Program 25 Assessment of the Expenditure Plan every five (5) years or every ten (10) years in accordance 26 with Section 7(g) and make findings and/or provide recommendations for improving the 27 program. The results of this assessment will be presented to the Metro Board of Directors. 28 B. Comprehensive Program Assessment. Metro shall conduct every 29 five (5) years a comprehensive review of all projects and programs implemented under the Plan 30 to evaluate the performance of the overall program and make recommendations to improve its 31 performance on current practices, best practices, and organizational changes to improve 32 coordination. 33 i. Accountability to the Public and the Metro Board. All audit reports, findings, and 34 recommendations will be available and accessible to the public (through various types of media) 19 Ins 1 prior to the public hearing and upon request. Metro will establish a website dedicated to the 2 Oversight of this Measure and include all pertinent Ordinance information for the public. The 3 Committee shall review all audits and hold an annual public hearing to report on the results of 4 the audits. 5 6 SECTION 9. MAINTENANCE OF EFFORT REQUIREMENTS 7 a. It is the intent of Metro that any Sales Tax Revenues provided to local 8 jurisdictions in Los Angeles County under the program described in Attachment A as "Local 9 Return" be used to augment, not supplant, existing local revenues being used for 10 transportation purposes. 11 b. Metro shall develop guidelines that, at a minimum, specify maintenance of 12 effort requirements for the local return program, matching funds, and administrative 13 requirements for the recipients of revenue derived from the Sales Tax. 14 15 SECTION 10. COSTS OF ADMINISTRATION 16 Metro shall establish an Administration/Local Return fund and one and one-half 17 percent (1.5%) of Gross Sales Tax revenues shall be credited into this fund. As funds are 18 received by Metro and credited to this fund, one percent (1 %) of Net Revenues shall be 19 immediately transferred to the Local Return/Regional Rail Subfund of the sales tax revenue 20 fund to be used solely for the Local Return program. All other amounts in the 21 Administration/Local Return fund shall be available to Metro for administrative costs, including 22 contractual services. 23 24 SECTION 11. AMENDMENTS 25 a. The Metro Board of Directors may amend this Ordinance, including Attachment 26 A and Attachment B, with the exception of Section 11, for any purpose subject to the 27 limitations contained in Section 7(g), including as necessary to account for the results of any 28 environmental review required under the California Environmental Quality Act or the National 29 Environmental Policy Act and any related federal statute of the projects listed in Attachment A. 30 Any such amendments shall be approved by a vote of not less than two-thirds (2/3) of the 31 Metro Board of Directors. Metro shall hold a public meeting on proposed amendments prior to 32 adoption. Metro shall provide notice of the public meeting to the Los Angeles County Board of 33 Supervisors, the city council of each city in Los Angeles County, and the public, and shall KE 1 provide them with a copy of the proposed amendments, at least 60 days prior to the public 2 meeting. 3 b. By two-thirds (2/3) vote, the Metro Board of Directors may amend the 4 "Schedule of Funds Available" columns listed in Attachment A to accelerate a project, 5 provided that any such amendments shall not reduce the amount of funds assigned to any 6 other project or program as shown in the "Measure M Funding 2015$" column of Attachment 7 A or delay the Schedule of Funds Available for any other project or program. Metro shall hold 8 a public meeting on proposed amendments prior to adoption. Metro shall provide notice of the 9 public meeting to the Los Angeles County Board of Supervisors, the city council of each city in 10 Los Angeles County, and the public, and shall provide them with a copy of the proposed 11 amendments, at least 30 days prior to the public meeting. 12 C. The Metro Board of Directors shall not adopt any amendment to this 13 Ordinance, including Attachment A, that reduces total Net Revenues allocated to the sum of 14 the Transit, First/Last Mile (Capital) Subfund and the Highway, Active Transportation, 15 Complete Streets (Capital) Subfund. Not more than once in any ten (10) year period 16 commencing in FY2027, Metro may adopt an amendment transferring Net Revenues between 17 the Transit, First/Last Mile (Capital) Subfund and the Highway, Active Transportation, 18 Complete Streets (Capital) Subfund. This subparagraph shall not apply to adjustments to the 19 Net Revenues allocated to the Transit, First/Last Mile (Capital) Subfund and the Highway, 20 Active Transportation, Complete Streets (Capital) Subfund pursuant to Section 7(b)(6) or 21 Section 7(b)(7). Such adjustments shall not require an amendment to this Ordinance or 22 Attachment A. 23 d. Notwithstanding Section 11(a) of this Ordinance, the Metro Board of Directors 24 shall not adopt any amendment to this Ordinance, including Attachment A, that reduces Net 25 Revenues allocated to the Transit Operating & Maintenance Subfund or the Local 26 Return/Regional Rail Subfund. 27 e. The Metro Board of Directors may amend Section 11 of this Ordinance if such 28 amendments are approved by a vote of not less than two-thirds (2/3) of the Metro Board of 29 Directors and are approved by a majority of the voters voting on a measure to approve the 30 amendment. Metro shall hold a public meeting on proposed amendments prior to adoption. 31 Metro shall provide notice of the public meeting to the Los Angeles County Board of 32 Supervisors, the city council of each city in Los Angeles County, and the public, and shall 33 provide them with a copy of the proposed amendments, at least 60 days prior to the public 34 meeting. Amendments shall become effective immediately upon approval by the voters. 21 B-21 1 SECTION 12. ESTABLISHMENT OF BONDING AUTHORITY 2 a. Metro is authorized to issue limited tax bonds and incur other obligations, from 3 time to time, payable from and secured by all or any portion of the Sales Tax Revenues to 4 finance any program or project in the Expenditure Plan, pursuant to Sections 130500 et seq. of 5 the Public Utilities Code, and any successor act, or pursuant to any other applicable sections of 6 the Public Utilities Code or the Government Code. As additional security, such bonds and other 7 obligations may be further payable from and secured by farebox revenues or general revenues 8 of Metro, on a basis subordinate to Metro's existing General Revenue Bonds, or any other 9 available source of Metro's revenues, in each case as specified in a resolution adopted by a 10 majority of Metro's Board of Directors. The maximum bonded indebtedness, including issuance 11 costs, interest, reserve requirements and bond insurance, shall not exceed the total amount of 12 the Gross Sales Tax. Nothing herein shall limit or restrict in any way the power and authority of 13 Metro to issue bonds, notes or other obligations, to enter into loan agreements, leases, 14 reimbursement agreements, standby bond purchase agreements, interest rate swap 15 agreements or other derivative contracts or to engage in any other transaction under the 16 Government Code, the Public Utilities Code or any other law. 17 b. The Metro Board of Directors shall adopt guidelines regarding the issuance of 18 bonds and the incurrence of other obligations pursuant to this Section 12. The guidelines shall, 19 at a minimum, establish methods for taking into account (a) the expenditure of proceeds of such 20 bonds and other obligations and (b) the payment of debt service and other amounts with respect 21 to such bonds and other obligations, for purposes of meeting the program expenditure 22 requirements of Section 7 hereof. 23 24 SECTION 13. APPROPRIATIONS LIMIT 25 Article XIIIB of the California Constitution requires certain governmental entities to 26 establish an annual appropriations limit. This appropriations limit is subject to adjustment as 27 provided by law. To the extent required by law, Metro shall establish an annual appropriations 28 limit and expenditures of the retail transactions and use tax shall be subject to such limit. 29 30 SECTION 14. ELECTION 31 Pursuant to California Public Utilities Code Section 130350.7(d), Metro hereby calls a 32 special election to place this Ordinance before the voters. The ballot language shall read as 33 follows: 34 22 B-22 1 Los Angeles County Traffic Improvement Plan. 2 To improve freeway traffic flow/safety; repair potholes/sidewalks; repave local streets; 3 earthquake retrofit bridges; synchronize signals; keep senior/disabled/student fares 4 affordable; expand rail/subway/bus systems; improve job/school/airport connections; and 5 create jobs; shall voters authorize a Los Angeles County Traffic Improvement Plan 6 through a'/2 ¢ sales tax and continue the existing'/2 ¢ traffic relief tax until voters decide 7 to end it, with independent audits/oversight and funds controlled locally? 8 9 SECTION 15. EFFECTIVE DATE 10 a. This Ordinance shall be effective on January 1, 2017, if: 11 1. Two-thirds (2/3) of the voters voting on the measure vote to approve 12 this Ordinance at the statewide general election scheduled for November 8, 2016; and 13 2. No California state statute that requires Metro to provide funding from 14 revenues derived from the Sales Tax imposed pursuant to this Ordinance for any project or 15 program other than those in the Expenditure Plan, or provide a level of funding greater than 16 described in the Expenditure Plan, or on a different schedule than described in the Expenditure 17 Plan, is adopted by the California Legislature subsequent to the adoption of this Ordinance by 18 the Metro Board of Directors and becomes law. 19 20 SECTION 16. SEVERABILITY 21 If any tax or provision of this Ordinance is for any reason held invalid or unenforceable 22 by a court of competent jurisdiction, that holding shall not affect the validity or enforceability of 23 the remaining taxes or provisions, and Metro declares that it would have passed each part of 24 this Ordinance irrespective of the validity of any other part. 23 B-23 Los Angeles County Transportation Expenditure Plan ATTACHMENT A Outline of Expenditure Categories Fiscal Year (FY) 2018 - 2057, Escalated Dollars (millions) 1. Funds are eligible to be used for Metro Rail State of Good Repair. 2. Funds are eligible to be used for Metro State of Good Repair. 3. 1 % Administration to supplement Local Return, increasing the Local Return -Base to 17% of net revenues. 4. To be funded by Highway/Transit Capital Subfunds in FY 2040 and beyond. 5. The Metro Board of Directors will prioritize the Wardlow Grade Separation project to receive new funding and/or grants and assign this project to be included in Metro's State of Good Repair program. All totals are rounded; numbers presented in this document may not always add up to the totals provided. Based on January 2016 revenue projections. % of First Sales Year FY 2018 - FY 2033 - FY 2048 - FY 2018 - Subfund Program Tax Amount FY 2032 FY 2047 FY 2057 FY 2057 (net of (FY 2018) (15 Years) (15 Years) (10 Years) (40 Years) Admin) Metro Rail Operations 5% $ 42 $ 850 $ 2,320 $ 2,810 $ 5,980 Transit Operating & Transit Operations 2 20% $ 169 $ 3,400 $ 9,280 $ 11,240 $ 23,920 (Metro & Municipal Providers) Maintenance ADA Paratransit for the Disabled; Metro Discounts for 2% $ 17 $ 340 $ 930 $ 1,120 $ 2,390 Seniors and Students Transit Construction (Includes System Connectivity 35% $ 296 $ 5,960 $ 16,230 $ 19,670 $ 41,860 Transit, Projects - Airports, Union Station, First/Last Mile and Countywide BRT) (Capital) Metro State of Good Repair 5 2% $ 17 $ 340 $ 930 $ 1,120 $ 2,390 Highway Construction (includes System Connectivity Highway, Projects - Ports, Highway 17% $ 144 $ 2,890 $ 7,880 $ 9,560 $ 20,330 Active Congestion Programs, Goods Transportation, Movement) Complete Streets Metro Active Transportation (Capital) Program (Bicycle, Pedestrian, 2% $ 17 $ 340 $ 930 $ 1,120 $ 2,390 Complete Streets) Local Return - Base 3 (Local Projects and Transit 16% $ 136 $ 2,720 $ 7,420 $ 8,990 $ 19,130 Local Return / Services Local Return / Regional Rail 3%11% Regional Rail (Beginning FY 2040) 4 $ 690 $ 2,240 $ 2,930 Regional Rail 1% $ 8 $ 170 $ 460 $ 560 $ 1,200 TOTAL PROGRAMS $ 847 $ 17,010 $ 46,380 $ 56,190 $ 119,590 Administration 0.5% for Administration 0.5% $ 4 $ 85 $ 230 $ 280 $ 600 /Local Return 3 1.0% Local Return 1.0% $ 8 $ 170 $ 460 $ 560 $ 1,200 GRAND TOTAL $ 860 $ 17,265 $ 47,070 $ 57,030 $ 121,390 1. Funds are eligible to be used for Metro Rail State of Good Repair. 2. Funds are eligible to be used for Metro State of Good Repair. 3. 1 % Administration to supplement Local Return, increasing the Local Return -Base to 17% of net revenues. 4. To be funded by Highway/Transit Capital Subfunds in FY 2040 and beyond. 5. The Metro Board of Directors will prioritize the Wardlow Grade Separation project to receive new funding and/or grants and assign this project to be included in Metro's State of Good Repair program. All totals are rounded; numbers presented in this document may not always add up to the totals provided. Based on January 2016 revenue projections. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Los Angeles County Transportation Expenditure Plan (2015 $ in thousands) ATTACHMENT A Groundbreaking Sequence (Exceptions Noted) Footnotes on following page. ** The most recent cost estimate equals the accelerated cost. Prior year expenses included in all project costs. B-25 Schedule of Funds 2016-2067 Available aLocal, State, Measure M Most Recent c Ground- Expected Project Im m Federal, Funding Cost U (Final Project to be Defined by the Environmental Process) y breaking Opening Date Other 2015$ Estimate m c Start Date* (3 year range) N Funding 2015$ ° Z 2015$ Expenditure Plan Major Projects 1 St yr of Range Airport Metro Connect 96th St. Station/Green Line Ext LAX ® a,p FY 2018 CY 2021 sc $233,984 $347,016 $581,000 T Westside Purple Line Extension Section 3 ® b FY 2018 FY 2024 w $986,139 $994,251 $1,980,390 T High Desert Multi -Purpose Corridor (HDMC)® q FY 2019 FY 2021 nc $100,000 $170,000 $270,000 H 1-5 N Cap. Enhancements (SR -14 to Lake Hughes Rd) ® FY 2019 FY 2023 nc $544,080 $240,000 $784,080 H Gold Line Foothill Extension to Claremont ® c FY 2019 FY 2025 sg $78,000 $1,019,000 $1,097,000 T Orange Line BRT Improvements n FY 2019 FY 2025 sf $0 $286,000 $286,000 T BRT Connector Orange/Red Line to Gold Line o FY 2020 FY 2022 av $0 $240,300 $240,300 T BRT Connector Orange/Red Line to Gold Line o FY 2020 FY 2022 sf $0 $26,700 $26,700 T East SF Valley Transit Corridor Project® d FY 2021 FY 2027 sf $520,500 $810,500 $1,331,000 T West Santa Ana Transit Corridor LRT ® b,d FY 2022 FY 2028 gc $500,000 $535,000 $1,035,000 T Crenshaw/LAX Track Enhancement Project e,p FY 2022 FY 2026 sc $0 $49,599 $49,599 T SR -71 Gap from 1-10 to Rio Rancho Rd. FY 2022 FY 2026 sg $26,443 $248,557 $275,000 H LA River Waterway & System Bikepath FY 2023 FY 2025 cc $0 $365,000 $365,000 H Complete LA River Bikepath FY 2023 FY 2025 sf $0 $60,000 $60,000 H Sepulveda Pass Transit Corridor (Ph 1) ® b,f FY 2024 FY 2026 sf $0 $130,000 $130,000 H Sepulveda Pass Transit Corridor (Ph 1) ® b,f FY 2024 FY 2026 w $0 $130,000 $130,000 H Vermont Transit Corridor o FY 2024 FY 2028 cc $400,000 $25,000 $425,000 T SR-57/SR-60 Interchange Improvements d FY 2025 FY 2031 sg $565,000 $205,000 $770,000 H Green Line Extension to Crenshaw Blvd in Torrance ® d,g FY 2026 FY 2030 sb $272,000 $619,000 $891,000 T 1-710 South Corridor Project (Ph 1) ® d,h FY 2026 FY 2032 gc $150,000 $250,000 $400,000 H 1-105 Express Lane from 1-405 to 1-605 p FY 2027 FY 2029 sc 1 $0 $175,000 $175,000 H Sepulveda Pass Transit Corridor (Ph 2) ® b FY 2024 FY 2033 sf $1,567,000 $1,270,000 $2,837,000 T Sepulveda Pass Transit Corridor (Ph 2) ® b FY 2024 FY 2033 w $1,567,000 $1,270,000 $2,837,000 T Gold Line Eastside Extension (One Alignment) ® d FY 2029 FY 2035 gc $957,000 $543,000 $1,500,000 T Gold Line Eastside Extension (One Alignment) ® d FY 2029 FY 2035 sg $957,000 $543,000 $1,500,000 T West Santa Ana Transit Corridor LRT ® r FY 2022 FY 2041 cc $1,082,500 $400,000 $1,482,500 T West Santa Ana Transit Corridor LRT ® r FY 2022 FY 2041 gc $982,500 $500,000 $1,482,500 T 1-710 South Corridor Project (Ph 2) ® FY 2032 FY 2041 gc $658,500 $250,000 $908,500 H 1-5 Corridor Improvements (1-605 to 1-710) FY 2036 FY 2042 gc $46,060 $1,059,000 $1,105,060 H Crenshaw Northern Extension i FY 2041 FY 2047 cc $495,000 $1,185,000 $1,680,000 T Crenshaw Northern Extension i FY 2041 FY 2047 w $0 $560,000 $560,000 T 1-405/1-110 Int. HOV Connect Ramps & Intrchng Improv ® FY 2042 FY 2044 sb $0 $250,000 $250,000 H 1-605/1-10 Interchange FY 2043 FY 2047 sg $472,400 $126,000 $598,400 H SR 60/1-605 Interchange HOV Direct Connectors FY 2043 FY 2047 sg $360,600 $130,000 $490,600 H Lincoln Blvd BRT I,o FY 2043 FY 2047 w $0 $102,000 $102,000 T 1-110 Express Lane Ext South to 1-405/1-110 Interchange FY 2044 FY 2046 sb $228,500 $51,500 $280,000 H 1-405 South Bay Curve Improvements FY 2045 FY 2047 sb $250,840 $150,000 $400,840 H Green Line Eastern Extension (Norwalk) p FY 2046 FY 2052 sc $570,000 $200,000 $770,000 T SF Valley Transportation Improvements m FY 2048 FY 2050 sf $0 $106,800 $106,800 T Sepulveda Pass Westwood to LAX (Ph 3) p FY 2048 FY 2057 sc $3,800,000 $65,000 $3,865,000 T Orange Line Conversion to Light Rail FY 2051 FY 2057 sf $1,067,000 $362,000 $1,429,000 T City of San Fernando Bike Master Plan FY 2052 FY 2054 sf $0 $5,000 $5,000 H Historic Downtown Streetcar FY 2053 FY 2057 cc $0 $200,000 $200,000 T Gold Line Eastside Ext. Second Alignment p FY 2053 FY 2057 sc $110,000 $2,890,000 $3,000,000 T High Desert Multi -Purpose Corridor - LA County Segment p FY 2063 FY 2067 sc $32,982 $1,845,718 $1,878,700 H Expenditure Plan Major Projects Subtotal 1 $19,581,027 $20,989,941 $40,570,969 Footnotes on following page. ** The most recent cost estimate equals the accelerated cost. Prior year expenses included in all project costs. B-25 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 Los Angeles County Transportation Expenditure Plan (2015 $ in thousands) ATTACHMENT A Groundbreaking Sequence (Exceptions Noted) Footnotes on following page. ** The most recent cost estimate equals the accelerated cost. Prior year expenses included in all project costs. B-26 Schedule of Funds 2016-2067 Availablec Local, State, Measure M Most Recent c Ground- Expected p Project i� d Federal, Funding Cost U(Final Project to be Defined by the Environmental Process) y breaking Opening Date L Other 2015$ Estimate $ Start Date (3 year range) N Funding 2015$** o Z 2015$ Multi -Year Subregional Programs 1St yr of Range Metro Active Transport, Transit 1st/Last Mile Program p FY 2018 FY 2057 sc $0 $857,500 $857,500 H Visionary Project Seed Funding p FY 2018 FY 2057 sc $0 $20,000 $20,000 T Street Car and Circulator Projects k,p FY 2018 FY 2022 sc $0 $35,000 $35,000 T Transportation System and Mobility Improve. Program FY 2018 FY 2032 sb $0 $293,500 $293,500 H Active Transportation 1st/Last Mile Connections Prog. FY 2018 FY 2057 w $0 $361,000 $361,000 H Active Transportation Program FY 2018 FY 2057 nc $0 $264,000 $264,000 H Active Transportation Program FY 2018 FY 2057 gc $0 TBD TBD H Active Transportation Program (Including Greenway Proj.) FY 2018 FY 2057 sg $0 $231,000 $231,000 H Active Transportation, 1st/Last Mile, & Mobility Hubs FY 2018 FY 2057 cc $0 $215,000 $215,000 H Active Transportation, Transit, and Tech. Program FY 2018 FY 2032 Ivm $0 $32,000 $32,000 T Highway Efficiency Program FY 2018 FY 2032 Ivm $0 $133,000 $133,000 H Bus System Improvement Program FY 2018 FY 2057 sg $0 $55,000 $55,000 T First/Last Mile and Complete Streets FY 2018 FY 2057 sg $0 $198,000 $198,000 H Highway Demand Based Prog. (HOV Ext. & Connect.) FY 2018 FY 2057 sg $0 $231,000 $231,000 H 1-605 Corridor "Hot Spot' Interchange Improvements ® FY 2018 FY 2057 gc $240,000 $1,000,000 $1,240,000 H Modal Connectivity and Complete Streets Projects FY 2018 FY 2057 av $0 $202,000 $202,000 H South Bay Highway Operational Improvements FY 2018 FY 2057 sb $600,000 $500,000 $1,100,000 H Transit Program FY 2018 FY 2057 nc $500,000 $88,000 $588,000 T Transit Projects FY 2018 FY 2057 av $0 $257,100 $257,100 T Transportation System and Mobility Improve. Program FY 2018 FY 2057 sb $0 $350,000 $350,000 H North San Fernando Valley Bus Rapid Transit Improvements p,s FY 2019 FY 2023 sc $0 $180,000 $180,000 T Subregional Equity Program p,s FY 2018 FY 2057 sc TBD TBD $1,196,000 T/H Countywide BRT Projects Ph 1 (All Subregions) I,p FY 2020 FY 2022 sc $0 $50,000 $50,000 T Countywide BRT Projects Ph 2 (All Subregions) I,p FY 2030 FY 2032 sc $0 $50,000 $50,000 T Active Transportation Projects FY 2033 FY 2057 av $0 $136,500 $136,500 H Los Angeles Safe Routes to School Initiative FY 2033 FY 2057 cc $0 $250,000 $250,000 H Multimodal Connectivity Program FY 2033 FY 2057 nc $0 $239,000 $239,000 H Countywide BRT Projects Ph 3 (All Subregions) I,p FY 2040 FY 2042 sc $0 $50,000 $50,000 T Arterial Program FY 2048 FY 2057 nc $0 $726,130 $726,130 H BRT and 1st/Last Mile Solutions e.g. DASH FY 2048 FY 2057 cc $0 $250,000 $250,000 T Freeway Interchange and Operational Improvements FY 2048 FY 2057 cc $0 $195,000 $195,000 H Goods Movement (Improvements & RR Xing Elim.) FY 2048 FY 2057 sg $0 $33,000 $33,000 T Goods Movement Program FY 2048 FY 2057 nc $0 $104,000 $104,000 T Goods Movement Projects FY 2048 FY 2057 av $0 $81,700 $81,700 T Highway Efficiency Program FY 2048 FY 2057 nc $0 $128,870 $128,870 H Highway Efficiency Program FY 2048 FY 2057 sg $0 $534,000 $534,000 H Highway Efficiency, Noise Mitig. and Arterial Projects FY 2048 FY 2057 av $0 $602,800 $602,800 H ITS/Technology Program (Advanced Signal Tech.) FY 2048 FY 2057 sg $0 $66,000 $66,000 H LA Streetscape Enhance. & Great Streets Program FY 2048 FY 2057 cc $0 $450,000 $450,000 H Modal Connectivity Program FY 2048 FY 2057 Ivm $0 $68,000 $68,000 H Public Transit State of Good Repair Program FY 2048 FY 2057 cc $0 $402,000 $402,000 T Traffic Congestion Relief and Improvement Program FY 2048 FY 2057 Ivm $0 $63,000 $63,000 H Traffic Congestion Relief/Signal Synchronization FY 2048 FY 2057 cc $0 $50,000 $50,000 H Arroyo Verdugo Projects to be Determined FY 2048 FY 2057 av $0 $110,600 $110,600 H Countywide BRT Projects Ph 4 (All Subregions) p FY 2050 FY 2052 sc $90,000 $10,000 $100,000 T Countywide BRT Projects Ph 5 (All Subregions) p FY 2060 FY 2062 sc 1 $0 1 $100,000 1 $100,000 T Multi -Year Subregional Programs Subtotal $1,430,000 $10,253,700 $12,879,700 GRAND TOTAL $21,011,027 $31,243,641 $53,450,669 Footnotes on following page. ** The most recent cost estimate equals the accelerated cost. Prior year expenses included in all project costs. B-26 Los Angeles County Transportation Expenditure Plan ATTACHMENT A (2015 $ in thousands) Groundbreaking Sequence (Exceptions Noted) Footnotes: a. Interface station to LAX sponsored Automated People Mover includes an extended Green Line terminus and a consolidated bus interface for 13 Metro and Municipal bus lines. Bicycle, passenger, and other amenities are also included. b. Project acceleration based on high performance. c. Identified as a priority per the Metro Board Motion in October 2009. d. Project funded on LRTP schedule, per Dec. 2015 Board Policy. e. Consistent with the Orange Line, no sooner than 15 years after the revenue operation date of the Crenshaw/LAX project, Metro will consider, as transportation system performance conditions warrant, grade separation and/or undergrounding of the Crenshaw/LAX Line ( including the Park Mesa Heights section & Inglewood section of the project). These additional track enhancements, when warranted, will be eligible for funding through the decennial comprehensive review process in the Ordinance. f. Sepulveda Pass Ph. 1 from Orange Line/Van Nuys to Westwood includes early delivery of highway ExpressLane. g. Studies will be completed to evaluate a future Green Line connection to the Blue Line (city of Long Beach). No capital funds from the Green Line to Torrance Project will be used for the studies. h. 1-710 South Project assumes an additional $2.8 billion of alternative revenue sources; not shown here with the cost or revenues for the project. The Shoemaker Bridge "Early Action" project is a priority project for these funds. i. Council of Government descriptions vary for the "Crenshaw Northern Extension" project. k. Lump sum would be provided in the first 5 years for initial capital costs only. Project sponsors responsible for ongoing operations & maintenance. 1. Acceleration of Lincoln BRT project eligible as Countywide BRT Program. Any funds freed up from accelerations returns to Countywide BRT Program. m. SF Valley Transportation Improvements may include, but are not limited to, Transit Improvements, and 1-210 soundwalls in Tujunga, Sunland, Shadow Hills and Lakeview Terrace. n. Critical grade separation(s) will be implemented early through Operation Shovel Ready. o. Conversion to LRT or HRT after FY 2067 included in expenditure plan based on ridership demand. p. Funds for projects identified as "sc" that are not expended are only available for other System Connectivity Capital Projects. q. Funding calculated based on estimated right-of-way acquisition costs; but can be repurposed for appropriate project uses, as approved by the MTA Board of Directors. r. This project could start as early as FY 2028 and open as early as FY 2037 with Public -Private Partnership delivery methods. s. This project will increase system connectivity in the North San Fernando Valley and the Metro Transit System. Environmental plan work shall begin no later than six months after passage of Measure M. To provide equivalent funding to each subregion other than the San Fernando Valley, the subregional equity program will be provided as early as possible to the following subregions in the amounts (in thousands) specified here: AV* $96,000; W* $160,000; CC* $235,000; NC* $115,000; LVM* $17,000; GC* $244,000; SG* $199,000; and SB* $130,000. * Subregion Abbreviations sc = System Connectivity Projects (no subregion) nc = North County ® Indicates Measure R -related Projects av = Arroyo Verdugo sb = South Bay Ivm = Las Virgenes Malibu w = Westside CY = Calendar Year cc = Central City Area gc = Gateway Cities FY = Fiscal Year sg = San Gabriel Valley sf = San Fernando Valley YOE = Year of Expenditure ** The most recent cost estimate equals the accelerated cost. Prior year expenses included in all project costs. B-27 SUBREGIONAL MAPS SUBREGIONAL MAPS (rage �0 9 SUBREGIONAL MAPS SUBREGIONAL MAPS 27 La Ca *a Flintridge" Glendale Los Angeles SUBREGIONAL MAPS ' '���"""�•. North County Unincorporated �.�■■� .�■■�..�■.�■■�■■�■■�■■�■■�■■.` Unincorporated Unincorporated V - I j 1 Duarte - Monrovia +� 2 Sierra �+y■ i I j ■■�■■+ j Pasadena ! Madre'-- I -_-�.■.�■■�.■.a.■.t S�n1 r �■�L .r■■=■■m ■�..mumum■u Arroyo------ ' i ' ,� ' IB�raVb-u-y--1Verdugo 1 iI i- ' -Z /1 e - r , I Azusa I I Glendora ,^ , I r I Claremont .0►' San ; 1 Arcadia Marino ----r �' r-- ; i rt. ,res i_11 I ` i -- aVern¢- South r- _ r- IT— s % ri'_;�y.- Irwindale i- Uninaorpdrated i ��L M11� ' San 1 f' Pasadena • •', i fl i ------ 4, ' \[� SIL. S --�— ' a}—?------- , ■� t San ,p.�<� I r L+�[nnco�opted Dimas,,, I ;=�-r, Temple ��- r; � _; _-� � �.- • ■�■ ;GabrielTi'�1.,i Cit r� /;1 yir` I �_'J f ,ijll-= r `ir ,� • Central �� y _A,J i I - San Gabriel Valley I'J- Covina vA City Alhambra i _\ Lrl � _' Area i r I -" ---- --� 1 EI Monte `'_' - ', -> i_^ • --'' I Baldwin Park(,, ' < ? , I �- < r West \ jJnincorporated _ - - Rosemeadk,-- �r _ -'-- I ; " - laU ,� Covina �, ' Pomona r.= - Monterey I ztii �' L.,South Ell \ �' 'ti \ �, (_ �, r< .� I ---ice Y-- ,.; r lam., Park' -Monte 'I, l ULincorporatred y m ,_... �8'' L_ i J L I San +.} La - I �� ,,`•t Vnincorp�o}Na't:d\ �_� +; �*puente'i, , Walnut �`,, j Bernardino F ��� --- � r County �� ■+�S '�aj ��� - Montebello 46•��.►�n� � y ��.� ; ` \ t,r--`\ =.4 i �■.�an�� Vernon �\ m ! Industry Diamond Huntington j �___ ,' �-t-•'�_ ��•\ Bar �.�. Unincorporated Park Maywood Commerce �.� J I Cit Boundar Bell Bell Pico Rivera Gateway CIt1eS �������"��� •'"w�� j%--, t____ Y Y Gardens y 1`■■� r.■�■� Cudahy / La Habra ; I ,--� Subregional Planning Area Whittier Heights 1 • Downey Santa Fe Springs•�il............. u �c■�■■�■■�■■�■■�■■��■�■% 0 1.� 2.5 5 Metro � Orange County l Miles (rage Sof 9 SUBREGIONAL MAPS SUBREGIONAL MAPS SUBREGIONAL MAPS (rage �of9 SUBREGIONAL MAPS Page N SOUTH BAY CITIES COUNCIL OF GOVERNMENTS July 1, 2016 Honorable John Fasana, Chairman And Board of Directors Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA. 90012 20285 S. Western Ave., #100 Torrance, CA 90501 (310) 371-7222 sbccoq@southbaycities.org www.southbaycities.org SUBJECT: SBCCOG Opposition to Metro's Proposed November 8, 2016 Ballot Measure Dear Chairman Fasana and Members of the Board of Directors: At its meeting on June 30, 2016, the South Bay Cities Council of Governments Board of Directors voted to oppose Metro's proposed countywide transportation sales tax measure planned for the November 8, 2016 ballot. Although there was a recognition by many of the members present of the need for additional transportation funding, and some support was expressed for a future sales tax measure, nine Board members voted to oppose Metro's proposed measure, six members abstained because they wanted to consult with their other council colleagues, and not one vote was cast to support the measure as adopted by the Metro Board. During the considerable discussion that preceded the vote, the following major concerns were expressed: 1. The 3% local contribution requirement for Metro's regional rail projects imposes an unfair burden on our cities when compounded with loss of tax revenue caused by removal of the property needed by Metro for stations from the public property tax rolls. 2. The Plan under -invests in the streets that carry nearly all trips, whether cars, trucks, buses, or bicycles. Local jurisdictions cannot wait until 2040 for Local Return to rise from 17% to 20% of Measure X revenue. Local streets are crumbling and new mandates like stormwater treatment improvements have increased the need to prioritize these investments at a time when federal and state gas tax allocations have dramatically declined. 3. Cities throughout the county have been requesting a new allocation formula for Measure X local return funds to make up for the solely population -based funding allocation formulas in the local return program of Proposition A, C and Measure R. With Measure X, it is time to address the needs of those cities that are bedroom communities at night but need a robust daytime infrastructure. For example, El Segundo is a city of approximately 13,000 people, that has a daytime population of about 100,000. Also, cities such as Torrance generate much more sales tax than the average. Cities were asking for Metro to negotiate a new funding allocation formula for Measure X local return and that didn't happen. 4. Based on population, the South Bay share of regional projects in the Expenditure Plan should be more than 10.5%. However, the Expenditure Plan allocates less than 7% of its regional revenues for South Bay priorities. LOCAL GOVERNMENTS IN ACTION Carson EI Segundo Gardena Hawthorne Hermosa Beach Inglewood Lawndale Lomita Manhattan Beach Palos Verdes Estates Rancho Palos Verdes Redondo Beach Rolling Hills Rolling Hills Estates Torrance Los Angeles District #15 Los Angeles County C-1