[1]
Editor's Note: Ordinance No. 2016-03 was adopted by the voters
at the November 8, 2016 election and took effect upon adoption of
a resolution declaring the results of the election at a regular meeting
of the City Council held on December 5, 2016.
[Ord. No. 2016-03]
This section shall be known as the "City of Albany Safe and
Accessible Sidewalks Special Parcel Tax."
[Ord. No. 2016-03]
Shall mean the City of Albany.
Shall mean an undivided interest in common in a portion of
real property coupled with a separate interest in space called a unit.
A condominium or townhouse unit is a parcel.
Shall mean Consumer Price Index for All Urban Consumers (CPI-U)
for San Francisco-Oakland-San Jose as published by the U.S. Department
of Labor, Bureau of Labor Statistics. If the Consumer Price Index
is discontinued or revised, such other government index or computation
with which it is replaced shall be used in order to obtain substantially
the same result as would be obtained if the Consumer Price Index had
not been discontinued or revised.
Shall mean all parcels that are improved with more than one
residential unit.
Shall mean all parcels that are improved with uses other
than residences.
Shall mean the owner or owners of the real property located
within the City.
Shall mean any real property designated by an assessor's
parcel map and parcel number and carried on the secured property tax
roll of the County of Alameda .
Shall mean repairing and upgrading public sidewalks and removing
obstructions to improve safety and accessibility, and includes but
is not limited to the following:
Relocation of shallow utility lines located within area of sidewalk
repair;
Grinding of stumps of removed trees;
Replacement of soil or mulch in landscape strips as necessary
to avoid a hazardous condition;
Repair of private driveways if necessary to maintain functionality
of the existing driveway;
Funding for expedited repairs in locations with occupants that
have special access needs (e.g., limited mobility, special events,
etc.); and
Extending the length of a sidewalk to be repaired beyond the
area of immediate hazard in order that the repaired sidewalk can tie
into an existing sidewalk in relatively good condition.
Lighting repairs and improvements to enhance pedestrian safety.
Shall mean all parcels which are improved with only one residential
unit.
Shall mean the special tax imposed by this section.
[Ord. No. 2016-03]
a.
An annual special tax in the amounts set forth in subsection 4-14.4 is hereby imposed on every parcel of real property within the City.
b.
The special tax constitutes a debt owed by the owner of each parcel
of real property to the City.
c.
The special tax shall be levied and collected on each parcel of real
property within the City for which the owner receives a separate ad
valorem property tax bill, at the same time and manner, and subject
to the same penalties and procedures as ad valorem property taxes
collected by the County of Alameda except as otherwise set forth in
this section.
d.
Real property otherwise wholly exempted from ad valorem tax by State
law shall also be exempted from any liability for the special tax.
e.
The tax imposed by this section shall be subject to the exemptions
set forth in this section.
1.
Single-family residential parcels and units on multi-family residential
parcels shall be exempt from the special tax if they are owned and
occupied by a person or persons whose combined family income, from
all sources for the previous calendar year, is at or below the income
level qualifying as "very low-income" for a family of such size under
Section 8 of the United States Housing Act of 1937 (42 U.S.C.A. Sections
1437 et seq.), for such year. The application process will be in the
form of self-certification under penalty of perjury. Owners must apply
for the exemption provided for in this section annually by application
to the Finance Director in the manner and at the time set forth by
the Finance Director. Such applications shall be on forms provided
by the Finance Director and shall provide such information as the
Finance Director may require. If the Finance Director determines the
need to audit an application, the Finance Director may require additional
information, including, but not limited to, Federal income tax returns
and W-2 forms of owner-occupants eligible for this exemption.
2.
Renters who reside in a rental unit within the City of Albany whose
combined family income, from all sources for the previous calendar
year, is at or below the income level qualifying as "very low-income"
for a family of such size under Section 8 of the United States Housing
Act of 1937 (42 U.S.C.A. Sections 1437 et seq.), for such year may
apply for a rebate of the special tax imposed by this section that
applies to the rental unit in which they reside. Renters must apply
for the exemption provided for in this section annually by application
to the Finance Director in the manner and at the time set forth by
the Finance Director. Such applications shall be on forms provided
by the Finance Director and shall provide such information as the
Finance Director may require. If the Finance Director determines the
need to audit an application, the Finance Director may require additional
information, including, but not limited to, Federal income tax returns
and W-2 forms of renter occupants eligible for this exemption. Only
one such rebate shall be allowed annually to a rental unit.
[Ord. No. 2016-03]
a.
The rates of the special tax for each parcel type shall be as set
forth in the table below.
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Parcel Type
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Size of Parcel
(square feet)
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Rate, per parcel or unit
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|---|---|---|
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Single-family Residential
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0-2,500
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$27.60 per parcel
|
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2,501-5,000
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$38.65 per parcel
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|
Over 5,000
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$49.69 per parcel
| |
|
Condominium/Townhouse
|
Not Applicable
|
$15.46 per unit
|
|
Multi-family Residential
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Not Applicable
|
$15.46 per unit
|
|
Nonresidential
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0-5,000
|
$49.69 per parcel
|
|
5,001 — 10,000
|
$71.88 per parcel
| |
|
10,001 — 20,000
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$77.29 per parcel
| |
|
20,001 and above
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$88.50 per parcel
|
b.
The tax rate schedule in the table above shall apply beginning January
1, 2017 and ending December 31, 2017. To keep the tax on each property
in constant first year dollars for each year subsequent to 2017, the
tax per year shall be adjusted as set forth in this section to reflect
any increase in the Consumer Price Index beyond the first fiscal year
the tax is levied. The tax rate per year on each parcel for each year
subsequent to the first year shall be an amount determined as follows:
|
Tax rate for the current year
|
=
|
Tax rate for the preceding year
|
x
|
Change in Consumer Price Index from April of the immediately
preceding year to April of the current year or 1.02, whichever is
less
|
In no event shall the special tax rate for any type
of parcel for any year be less than the amount established for the
preceding year.
c.
If a parcel consists of both residential and nonresidential real
property, the tax rate shall be the rate for nonresidential parcels.
d.
The assessment roll data of the Alameda County Tax Assessor as of
January 1 of each year and City records shall be used to determine
the actual use of each parcel of real property for purposes of determining
the amount of the special tax for each parcel.
e.
For parcels divided by Tax Rate Area lines, the amount of the special
tax for the portion of the parcel within Alameda County shall be calculated
at the same rates as set forth above. For properties wholly within
Alameda County and divided by Tax Rate Area lines into multiple parcels,
the property shall be taxed as a single parcel at the rates set forth
above.
[Ord. No. 2016-03]
The special tax shall be collected in the same manner as ordinary
ad valorem taxes are collected and shall have the same lien priority
and be subject to the same penalties and the same procedure and sale
in cases of delinquency as provided for ad valorem taxes collected
by the County of Alameda. The City Council may provide for other alternative
methods of collection of the special tax by resolution.
[Ord. No. 2016-03]
The amount of the special tax, any penalty, and any interest
imposed under the provisions of this section shall be deemed a debt
to the City. Any person owing money under the provisions of this section
shall be personally liable to an action brought in the name of the
City, at its option, for the recovery for such amount.
[Ord. No. 2016-03]
a.
Revenue from the special tax, including penalties and interest thereon,
shall be used for sidewalk maintenance and obstruction removal, including
but not limited to repairing and upgrading public sidewalks and removing
obstructions to improve safety and accessibility, consistent with
the Sidewalk Repair Policy adopted by the City Council. The currently
approved Sidewalk Repair Policy is attached as Exhibit A. The City
Council may amend the Sidewalk Repair Policy from time to time in
its discretion, which changes shall be incorporated into this section.
In no case, however, shall changes to Sidewalk Repair Policy authorize
the use of special tax revenue for projects unrelated to repairing
and upgrading public sidewalks and removing obstructions from public
sidewalks to improve safety and accessibility or for other purposes
authorized in this section.
b.
At the City Council's discretion, revenue from the special tax, including
penalties and interest thereon, may also be used to pay for the costs
of holding an election to seek voter approval of this section, for
the costs of administering the special tax, and for the costs of defending
the special tax and this section, including attorneys' fees and related
costs.
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SIDEWALK REPAIR POLICY
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|
APPROVED BY ALBANY CITY COUNCIL JUNE 20, 2016
[Amended 3-16-2020 pursuant to Ord. No. 2020-02] | |
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(Subsection 4-14.7)
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EXHIBIT A
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Purpose
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The purpose of the Sidewalk Repair Policy is to improve continuous
sidewalk passability in public right of way by repairing sidewalk
damage and removing vegetation obstructions.
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Legal Responsibility
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Under Section 5610 of the California Streets and Highways Code and per Albany Municipal Code subsection 14-1.5b, property owners and persons in possession of property are required to maintain adjacent public sidewalks in a safe condition. The existence of this program does not abrogate the responsibility of the property owners to maintain their frontage improvements in a safe manner. As part of the administration of the Sidewalk Program, City staff are to use City newsletter, web page, and outreach events to provide information to property owners regarding their responsibilities for sidewalks.
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Repair Program:
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The City of Albany will annually determine priority areas for
repair. The City will manage and pay the entire project cost of priority
sidewalk repairs. Upon completion of the repair, the City will issue
a certificate of compliance that returns responsibility for all future
maintenance and repair to the property owner pursuant to existing
State law. The Traffic & Safety Commission will annually propose
prioritization of projects to the City Council as well as review sidewalk
repair criteria. As part of the scope of work for a sidewalk repair
project, expenditure of funds associated with the following is authorized:
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|
a)
|
Relocation of shallow utility lines located within area of sidewalk
repair;
|
|
b)
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Grinding of stumps of removed trees;
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|
c)
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Replacement of soil or mulch in landscape strips as necessary
to avoid a hazardous condition;
|
|
d)
|
Repair of private driveway if necessary to maintain functionality
of the existing driveway;
|
|
e)
|
Funding for expedited repairs in locations with occupants that
have special access needs (e.g., limited mobility, special events,
etc.); and
|
|
f)
|
Extending the length of sidewalk to be repaired beyond the area
of immediate hazard in order that the repaired sidewalk can tie into
an existing sidewalk in relatively good condition.
|
|
Public Notice for Repair Program:
| |
|
A public notice will be mailed to all property owners adjacent
to proposed areas of work ten days before the Transportation Commission’s
review of the proposed scope of work. The notice will advise property
owners that street trees may be subject to removal and that property
owners are required to cut back other vegetation in the area of work.
The notice will also advise owners that work may be underway for up
to two weeks, and solicit requests for information regarding occupants
that may have special access needs that will affect the timing of
construction.
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Point of Permit Program:
| |
|
The City of Albany will require that specified construction
projects above $100,000 valuation will trigger a requirement that
the property owner repair the sidewalk to City specifications. The
City will conduct a no-cost inspection upon application. The property
owner will be responsible for all repair costs if the scope of projected
project would otherwise trigger sidewalk repairs, such as sewer lateral
upgrades, cross-sidewalk drains, new driveway or curb-cuts, etc.
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Point of Sale Program:
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The City of Albany will require that specified real property
transfers will trigger a requirement that the property owner upgrade
damaged sidewalk (the program will function similar to the existing
sewer lateral program). The City will conduct a no-cost inspection
upon application. If no repairs are necessary, a certificate of compliance
will be issued that discloses that the property owner has future responsibility
for all maintenance and repair.
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Streetscape Improvement Projects:
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For sidewalks that are in locations with fully funded streetscape-related
Capital Improvement Projects, the need for repair will be evaluated
on a case by case basis. The requirement for property owner repair
will be deferred or an interim safety and accessibility solution may
be acceptable.
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Refinements to Street Tree Program:
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The City will evaluate situations where street trees are causing
structural damage to sidewalks. A range of options will be considered
including root pruning, enlarging tree wells, realignment or ramping
of sidewalks around or over roots, or alternative paving materials
that extend the functional life of the sidewalk. If a street tree
that is causing damage is known to cause uplift relative to other
tree species, the tree shall be removed as part of the repair project
and replaced with a species not expected to damage sidewalks. City
staff shall have authority to remove any tree without public notice
if during construction, roots are found in locations that indicate
that a new sidewalk will be damaged in the relative near future and
removal of the root is determined by the City Arborist to substantially
weaken the health of the tree.
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[Ord. No. 2016-03]
In accordance with the requirements of California Government
Code Sections 50075.1 and 50075.3, the following accountability measures,
among others, shall apply to the special tax:
a.
A separate, special account, referred to as the Safe and Passable
Sidewalk Special Tax Fund, shall be created, into which the proceeds
of the special tax, including penalties and interest earned on such
proceeds, must be deposited.
b.
The specific purposes of the special tax are for the funding of public sidewalk maintenance and obstruction removal projects and for related election, administration, and legal fees as set forth in subsection 4-14.7. The proceeds of the special tax shall be applied only to those specific purposes.
c.
The Finance Director shall annually prepare and submit to the City
Council a report regarding the special tax funds collected and expended,
as well as any other information required by Government Code sections
50075.1 and 50075.3.
[Ord. No. 2016-03]
The City Council may establish rules and regulations that it
determines are necessary and desirable for administration and implementation
of this section.
This section may only be amended by a vote of the people if
the amendment would result in the special tax being imposed, extended,
or increased in a manner not authorized by this section as originally
approved by the voters, or if the amendment would substantially alter
the purpose of the special tax. The City Council may enact other amendments,
including but not limited to amendments necessary to implement or
administer the special tax.
[Ord. No. 2016-03]
The authority to levy the special tax shall remain in effect
until December 31, 2026, and as of that date is repealed unless a
later ordinance is adopted and approved by the voters that either
deletes or extends that date. Special taxes imposed in 2026 shall
remain due and owing until paid, even after the authority to impose
the special tax has expired.
