Berkeley Municipal Code Ch. 7.11 Sustainable and Accountable Funding for Equitable Street Transformation,…

A. A special tax for the purpose of funding repairs and improvements to streets, sidewalks, and pedestrian paths is hereby authorized to be imposed on all improvements in the City of Berkeley as more fully set forth in this Chapter.

B. The Council may impose the tax authorized by this Chapter up to the rate, and subject to inflation adjustments, set forth in Section 7.11.020.

C. This special tax is imposed under Article XIIIA, Section 4, of the California Constitution and the City’s constitutional authority as a charter city under Article XI, Section 5 of the California Constitution.

D. All proceeds of the tax are subject to review, allocation, and approval by the City Council.

E. The proceeds of the tax imposed by this Chapter shall be placed in a special fund to be used only for the purposes of enhancing streets, sidewalks, and pedestrian paths within City limits by funding the following types of projects:

1. Repair, repaving, and reconstruction of streets, sidewalks, and pedestrian paths,

2. Safety improvements to streets, sidewalks, and pedestrian paths,

3. Environmental enhancements to streets, sidewalks, and pedestrian paths.

F. Proceeds of the tax may be used to pay or reimburse the City for actual, verifiable costs of City staff when they are performing work on, or necessary and incidental to, projects funded by the tax, or public input, oversight, and accountability elements required by this chapter. Proceeds of the tax may also be used to pay or reimburse the City for the costs of City Auditor staff time spent auditing the tax expenditures of this measure.

G. Proceeds of the tax may be used to pay or reimburse the City for the costs of updating the Transportation Element of the General Plan, once every ten years, to integrate and reflect all relevant adopted plans and policies.

H. Proceeds of the tax may be used to pay or reimburse the City for the costs of reviewing and updating the City’s public works project delivery process, once every ten years.

I. Proceeds of the tax may be used for public art, limited to no more than 1.75% of applicable project budgets and consistent with Section 6.13.020. Public art funded by this tax shall be in public spaces.

J. Proceeds of the tax may not be used to fund bicycle-specific safety improvements (such as cycletracks or protected bike lanes) on Hopkins Street between McGee and Gilman.

K. The goal of this tax is to achieve the following by December 31, 2036:

1. Raise Berkeley’s Pavement Condition Index (PCI) to or above 70 (rated as "Good" by the Metropolitan Transportation Commission), ideally with no streets having a PCI below 50; and

2. Eliminate the backlog of damaged sidewalks and pedestrian paths in Berkeley; and

3. Significantly reduce or eliminate fatal and severe traffic crashes throughout the city, particularly involving pedestrians or cyclists.

It is also a goal of this tax to achieve the above in a way that is in line with current best practices, ensures accessibility for all users, enhances the sustainability and resiliency of Berkeley’s public right-of-way facilities, and provides benefits to Berkeley’s entire community. (Ord. 7952-NS § 3, 2024)

A. The City Council is hereby authorized to impose and allocate a special tax as follows:

1. Residential Rate. For all dwelling units, the tax may be imposed at the rate of up to $0.17 per square foot of improvements.

2. Non-Residential Rate. For all other property, the tax may be imposed at the rate of up to $0.25 per square foot of improvements.

B. Annually in May, the City Council may increase the previous year’s rate by up to the greater of the cost of living in the immediate San Francisco Bay Area or per capita personal income growth in the state, as verified by official United States Bureau of Labor Statistics data. If either index referred to above is discontinued, the City shall use any successor index specified by the applicable agency, or if there is none, the most similar existing index then in existence.

C. Tax proceeds shall be allocated approximately as follows:

1. 60% for streets and sidewalks, of which roughly three quarters (45%) will be for streets and one quarter (15%) will be for sidewalks and pedestrian paths, until the backlog of damaged sidewalks and pedestrian paths is eliminated.

2. 30% for safety improvements.

3. The remaining 10% shall include environmental enhancements, any required fees to the County, and any permitted uses as specified in Section 7.11.010.

D. When the City’s average PCI is 70 or higher, the allocations specified in Section 7.11.030(C) shall not be required.

E. If another measure providing an additional source of revenue for uses covered in this tax is approved by the voters on the same ballot as this measure, the tax rates authorized in Section 7.11.020(A) shall be reduced by an equivalent amount, and the percentages specified in subsection (C) shall be adjusted as necessary to meet the goals of this chapter, while that measure remains in effect. (Ord. 7952-NS § 3, 2024)

A. This measure shall remain in place for 14 years from the effective date, unless extended by the voters.

B. If the City Council fails to adopt a budget with at least $15.3 million in funding for street maintenance, from sources other than this tax, and adjusted for inflation, per Resolution No. 70,456-N.S. (adopted July 26, 2022), the City Council shall not be authorized to impose the special tax for the following two years.

C. In the event of a loss of any external funding source for street maintenance, or a decline in the amount provided for street maintenance by an external funding source included in the 2023-24 budget (adjusted for inflation), the required budgeted amount in Section 7.11.030(B) shall be reduced by an equivalent amount.

D. Section 7.11.030(B) shall not apply for years in which the City Council draws upon $1 million (or more) from the Stabilization Reserve in order to adopt a budget, or the City of Berkeley is included in the site of a natural disaster recognized by the Federal Emergency Management Agency or in a state or federal declaration of a state of emergency. (Ord. 7952-NS § 3, 2024)

A. The City Council shall establish a SAFE STREETS Citizen Oversight Committee (SSCOC) to review expenditures and progress reports from the City Manager and City Auditor to ensure compliance with the intent of this chapter, evaluate the impacts and outcomes of tax expenditures on this chapter's stated goals, and prepare public reports on the committee's findings.

B. Composition:

1. The SSCOC shall consist of seven members, as follows:

(a) Two members of the Transportation and Infrastructure Commission.

(b) One member of the Environment and Climate Commission.

(c) Four members of the public who are Berkeley residents.

2. SSCOC members from commissions shall be appointed by their respective bodies, and members of the public shall be appointed by the City Council as a whole. Members of the public shall be required to have a background in civil engineering, transportation engineering, infrastructure program management, the implementation of municipal bond or tax measures, or ADA compliance and the accessible infrastructure challenges that seniors and disabled community members face.

3. The SSCOC annually shall elect one of its members as the chairperson and one of its members as the vice-chairperson.

C. The City Manager shall designate a staff person to serve as secretary of the committee.

D. The committee shall establish a regular place and time for meeting. All meetings shall be noticed as required by law and shall be scheduled in a way to allow for maximum input from the public. The frequency of committee meetings shall be as determined by City Council Resolution, but no less than four per year.

E. The committee may make and alter rules governing its organization and procedures which are consistent with this Chapter or any other applicable ordinance of the City. A majority of the members appointed to the committee shall constitute a quorum and the affirmative vote of a majority of the members appointed is required to take any action.

F. The Committee shall prepare an annual independent report of progress and performance. Each report shall be made publicly available on the City's website and submitted to the City Council. (Ord. 7960-NS § 1, 2025; Ord. 7952-NS § 3, 2024)

A. To ensure public input for the projects and priorities funded by this measure, City staff shall hold at least three workshops in different areas of the city, every three years, to solicit input on projects and priorities from residents and civic, neighborhood, and business organizations, in addition to the regular meetings of the Transportation and Infrastructure Commission.

B. The City Manager shall prepare and submit to the City Council and the SSCOC an annual report of performance metrics, outcomes, and accomplishments that reflects all City street, sidewalk, and safety funding. To promote effective communication, the report shall also be presented in an online dashboard, and include the following metrics:

1. Streets paved, cost per mile, changes to the citywide average PCI, the PCI of all streets, and a schedule that estimates which streets will be paved in the next 5 years; and

2. Progress on sidewalks and pedestrian paths; and

3. Safety projects implemented, and fatal and severe injuries over time; and

4. Progress on green infrastructure, tree planting, climate resiliency measures, and changes in trip modality; and

5. Awarded and in-progress grants.

C. All expenditures, and verification of progress towards the goals set forth in Section 7.11.010(K), shall be subject to an independent performance audit by the City Auditor, at least once every three years, to confirm that the tax expenditures and reports are accurate and consistent with the intent of this chapter. (Ord. 7952-NS § 3, 2024)

A. Any project funded by the proceeds of the tax must be consistent with one or more adopted City of Berkeley plans or policies. Adopted City of Berkeley plans and policies shall inform project prioritization.

B. Any project funded by the proceeds of the tax which includes street repair, repaving, and/or reconstruction shall implement safety improvements concurrently, unless the City Council adopts a written finding based on substantial evidence that there are no improvements which would materially increase safety and are consistent with an adopted City plan or policy.

C. Any project funded by proceeds of the tax which includes safety improvements must be consistent with one or more of the following City of Berkeley plans and policies, as may be amended from time to time, or their successor plans as adopted by City Council:

i. the Vision Zero Action Plan, adopted March 10, 2019; or

ii. the Pedestrian Plan, adopted January 26, 2021; or

iii. the Berkeley Bicycle Plan, adopted May 7, 2017; or

iv. the Complete Streets Policy, adopted December 11, 2012.

A project funded by the proceeds of the tax which includes safety improvements may alternatively be consistent with one or more Safe Routes to Schools Safety Assessment and/or Improvement Plan, as may be amended from time to time by the Berkeley Unified School District and Alameda County Transportation Commission.

D. Additional City of Berkeley adopted plans and policies, such as the Vision 2050 Framework, Street Maintenance and Rehabilitation Policy, Repaving Plan, Berkeley Strategic Transportation Plan (BeST), Age-Friendly Berkeley Action Plan, Streets and Open Space Improvement Plan (SOSIP), Green Infrastructure Plan, Stormwater Management Plan, Local Hazard Mitigation Plan, Berkeley Electric Mobility Roadmap, Berkeley Resilience Strategy, Berkeley Transit-First Policy Implementation Plan, or area-specific plans, including the Adeline Corridor Specific Plan, Downtown Area Plan, South Shattuck Strategic Plan, Southside Plan, University Avenue Strategic Plan, and West Berkeley Plan, shall be considered, as appropriate, when identifying or evaluating projects to be funded by proceeds of this tax. (Ord. 7952-NS § 3, 2024)

For the purposes of this chapter, the following terms shall be defined as set forth below:

A. "Building" shall mean any structure having a roof supported by columns or by walls and designed for the shelter or housing of any person, chattel or property of any kind. The word "building" includes the word "structure."

B. "Improvements" shall mean all buildings or structures erected or affixed to the land.

C. "Square footage" shall mean the total gross horizontal areas of all floors, including usable basement and cellars, below the roof and within the outer surface of the main walls of buildings (or the center lines of party walls separating such buildings or portions thereof) or within lines drawn parallel to and two feet within the roof line of any building or portion thereof without walls (which includes, notwithstanding paragraph 3 below, the square footage of all porches), and including pedestrian access walkways or corridors, but excluding the following:

1. Areas used for off-street parking spaces or loading berths and driveways and maneuvering aisles relating thereto.

2. Areas which are outdoor or semi-outdoor areas included as part of the building to provide a pleasant and healthful environment for the occupants thereof and the neighborhood in which the building is located. This exempted area is limited to stoops, balconies and to natural ground areas, terraces, pools, and patios which are landscaped and developed for active or passive recreational use, and which are accessible for use by occupants of the building.

3. Arcades, porticoes, and similar open areas which are located at or near street level, which are accessible to the general public, and which are not designed or used as sales, display storage, service, or production areas.

D. "Structure" shall mean anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

E. "Parcel" shall mean a unit of real estate in one ownership as shown on the most current official assessment roll of the Alameda County Assessor.

F. "Repair, repaving, and reconstruction" shall refer to a suite of interventions designed to restore and upgrade the physical integrity and functionality of streets and sidewalks, including pedestrian paths, including all ordinary and necessary expenses and features as required by applicable law.

G. "Safety improvements" shall mean improvements to sidewalks, streets, and highways inclusive of state highways that implement features designed to reduce collisions, injuries, and fatalities, including traffic calming measures. Safety improvements shall include features recommended by the Urban Street Design Guide published by the National Association of City Transportation Officials (NACTO), features recommended by the Proven Safety Countermeasures initiative published by the Federal Highway Administration, and/or other similar features to reduce collisions, injuries, and fatalities recommended by national organizations of planning or transportation experts. Safety improvements shall also include improvements to emergency vehicle access and response times, such as fire/emergency evacuation lanes, transit lanes that also serve emergency vehicles, cycle tracks that can accommodate emergency vehicles, traffic signal controls for emergency vehicles, retractable bollards, curb management, and signage for evacuation routes.

H. "Traffic calming measures" shall mean safety improvements specifically designed to reduce vehicle speeds, including horizontal or vertical deflections (such as chicanes and speed bumps), width reductions (such as bulb-outs and medians), and routing restrictions (such as diverters and bollards), or other similar measures recommended by the Institute of Traffic Engineers, the Federal Highway Administration, or other national organizations of transportation experts.

I. "Environmental enhancements" shall mean improvements to sidewalks, streets, and highways, inclusive of state highways, that improve resiliency or sustainability, and/or provide community amenities. Environmental enhancements shall include, but not be limited to, green infrastructure, permeable surfaces, native plants, street trees, planted verges and medians, transit rider facilities, and community spaces.

J. "Transit rider facilities" shall mean improvements to sidewalks, streets, and highways inclusive of state highways that implement features to improve comfort and reliability for transit riders, such as elements recommended in the Transit Street Design Guide published by NACTO, including but not limited to bus shelters, benches, and bus station islands.

K. "Pavement Condition Index" or "PCI" shall refer to the numerical index between 0 to 100 used to determine the general condition of the pavement, following standards set forth by ASTM D6433 - 20, or an equivalent appropriate methodology developed for non-asphalt surfaces. (Ord. 7952-NS § 3, 2024)

A. The tax imposed by this Chapter shall not apply to parcels and improvements exempt from taxation by the City pursuant to the laws or constitutions of the United States and the State of California.

B. The tax imposed by this Chapter shall not apply to any property owned by any person whose total personal income, from all sources, for the previous calendar year, does not exceed that level which shall constitute "very low-income," as may be established by resolution of the City Council. Any taxpayer claiming the exemption under this section shall be required to demonstrate their entitlement thereto annually by submitting an application and supporting documentation to the City Manager or their designee in the manner and at the time established in regulations and/or guidelines hereafter promulgated by the City Manager subject to review by the City Council in its discretion. Such applications shall be on forms provided by the City Manager, or their designee, and shall provide and/or be accompanied by such information as the City Manager shall require, including but not limited to, federal income tax returns and W-2 forms.

C. Any person or entity claiming an exemption from the tax imposed by this Chapter shall file a verified statement of exemption on a form prescribed by the City Manager prior to June 30th of the first fiscal year for which the exemption is sought. (Ord. 7952-NS § 3, 2024)

It shall be the duty of the City Manager to collect and receive all taxes imposed by this Chapter and to keep an accurate record thereof. The City Manager is charged with the enforcement of this Chapter, except as otherwise provided herein, and may prescribe, adopt, and enforce rules and regulations relating to the administration and enforcement of this chapter, including provisions for the re-examination and correction of returns and payments. (Ord. 7952-NS § 3, 2024)

The special tax imposed by this Chapter shall be due in the same manner, on the same dates, and subject to the same penalties and interest as established by law for other charges and taxes fixed and collected by the County of Alameda on behalf of the City of Berkeley. The special tax imposed by this Chapter, together with all penalties and interest thereon, shall constitute a lien upon the parcel upon which it is levied until it has been paid, and shall constitute a personal obligation of the owners of the parcel on the date the tax is due. (Ord. 7952-NS § 3, 2024)

The amount of any tax, penalty, or interest imposed under the provisions of this chapter shall be deemed a debt to the City. Any person owing money under the provisions of this chapter shall be liable to an action brought in the name of the City for the recovery of such amount. The City shall be entitled to reasonable attorneys’ fees and its costs of suit in any such action. (Ord. 7952-NS § 3, 2024)

Whenever the amount of any tax, penalty, or interest has been paid more than once or has been erroneously or illegally collected or received by the City under this chapter, it may be refunded as provided in Chapter 7.20 of the Berkeley Municipal Code or any such successor chapter. (Ord. 7952-NS § 3, 2024)

The provisions of this chapter shall not apply to any person, association, corporation, entity, or property as to whom or which it is beyond the power of the City of Berkeley to impose the tax herein provided. If any sentence, clause, section, or part of this chapter, or any tax against any individual or any of the several groups specified herein is found to be unconstitutional, illegal, or invalid, such sentence, clause, section or part shall be severable and such unconstitutionality, illegality, or invalidity shall affect only such clause, sentence, section, or part of this chapter and shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or other parts of this chapter. It is hereby declared to be the intention of the City Council and the People of the City of Berkeley that this chapter would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, section, or part thereof not been included herein. (Ord. 7952-NS § 3, 2024)

Any person who fails to perform any duty or obligation imposed by this chapter shall be guilty of an infraction as set forth in Chapter 1.20 of the Berkeley Municipal Code. The penalties provided in this section are in addition to the several remedies provided in this chapter. (Ord. 7952-NS § 3, 2024)