Frequently Asked Questions About Measure KK
Q: What would Measure KK do specifically?
A: Measure KK would permanently add an additional step to the decision making process involving many of the major public transit projects in Berkeley.
Normally, after the City Council gives the go-ahead on a new public transit project that involves changing one of a street’s current automobile lanes into a “dedicated lane” for public transit or “high occupancy vehicles,” that project simply moves forward.
If Measure KK passes, then every time the City Council gives the go-ahead on one of these projects, the City would then have to conduct further planning studies and produce a formal “designation plan” for the lane change. Then, the people of Berkeley would have to vote on whether or not to approve the dedicated lane. This vote would take place during the next general election or during a special election that could be called solely for the purpose of making the KK-mandated decision.
This would be a vote on only one aspect of the entire project – the dedicated lane – and not a vote on whether or not the overall project is right for Berkeley. However, if the dedicated lane is not approved, the entire project would be struck down.
Q: What kind of transit projects would be affected by Measure KK?
A: Any project that “dedicates” a current automobile lane to public transit or to “high occupancy vehicles.” Such projects include bus rapid transit (BRT), light rail, or carpool lanes for cars. These projects could be very small-scale: even a new, one-block carpool-only lane to improve freeway access would be held up by Measure KK.
Q: How much delay could Measure KK cause?
A: General Elections occur only once every other year, so the wait for a Measure KK-mandated vote could be two years.
If we wanted less delay, the only alternative would be a costly special election just to determine this one single issue.
Q: How much would Measure KK cost if it passes?
A: In a July 2008 report to the City Council, City Manager Phil Kamlarz wrote, “Financial Implications: Approximately $250,000 – $500,000, including staff time for preparing a designation plan for the currently proposed Bus Rapid Transit project, plus the cost of placing a designation plan on the ballot ($15,000), and potentially, holding a special election (about $350,000 if conducted by mail, and more than $700,000 if conducted in a standard fashion with polling places).”
In other words, a single Measure KK-mandated election would cost Berkeley taxpayers at least $265,000 and as much as $1.2 million.
Q: Is there any precedent for Measure KK in Berkeley?
A: No. The City Charter says that all decisions on everyday municipal issues like public transit should be left to our elected representatives. No other day-to-day decisions of the City Council are required to be approved by a citywide election.
Q: Is a dedicated lane decision so “important” that it justifies a special election?
A: No. Many other City Council decisions that have much more of an impact on our quality of life are not subject to a citywide election. For example, in the next year or so the City Council will approve changes to three City Plan documents: the Downtown Plan, the West Berkeley Plan and the Southside Plan. All of these will affect our lives much more than any dedicated transit lane – yet the Charter says that the City Council’s decision on all of these plans is sufficient for moving forward with them.
Q: Doesn’t the City Charter allow for “referendums” that can overturn a decision made by the City Council?
A: Yes. But the City Charter wisely limits the permitted scope of referendums to “ordinances” passed by the City Council, and does not permit them for regular day-to-day decisions on matters like pubic works project approvals. Therefore, the “special” vote desired by Measure KK proponents would not be allowed by a referendum petition. Measure KK is an attempt to circumvent the City Charter by mandating an improper referendum by initiative.
Q: Is Measure KK “democratic,” as its proponents say?
A: No. Measure KK would render irrelevant all of the years of planning and the dozens of public meetings that precede a City Council major-project decision. The fate of the project would be left up to an electorate that may not be familiar with any aspect of the project or the details of the months or even years of open discussion and debate that led to its approval.
Q: When would Measure KK’s procedures take effect?
A: Measure KK’s new procedures would take effect only AFTER the City Council has decided it wants to go ahead with a new transit project that requires upgrading a traffic lane to a dedicated transit lane. That’s AFTER the dozens of public meetings, workshops and formal hearings before the City Council, and multiple commissions over months or years, and only AFTER the public has been given many opportunities to submit comments and their own data. At that point, Measure KK would require up to two years of further delay to hold an election on only one aspect of that transit plan – whether or not it should include a dedicated lane.
Q: What does Mayor Tom Bates think about Measure KK?
A: Mayor Bates opposes Measure KK. He says, “Berkeley has a goal of reducing greenhouse gas by 80% – we can only reach our goal if we promote alternatives to cars. Measure KK ties the hands of the City Council when it comes to planning for public transit and limits our ability to plan for the future. Vote No on KK.”
Q: What does the Berkeley City Council think about Measure KK?
A: All 7 current councilmembers are on record in opposition to Measure KK.
Q: Are any Berkeley elected officials on record in support of Measure KK?
A: No.
Q: What do our state and regional representatives think about Measure KK?
A: Both California Assemblymember (and State Senate candidate) Loni Hancock and East Bay Regional Park District Director (and State Assembly candidate) Nancy Skinner urge a NO vote on Measure KK.
Q: What does the League of Women Voters say about Measure KK?
A: The League of Women Voters of Berkeley-Albany-Emeryville urges a NO vote on Measure KK. On its website, it says, “Measure KK is promoted as pro-democratic. In fact, it threatens to subvert the democratic process; the ongoing work and expertise of City Commissioners and the many public hearings held on transit issues would be irrelevant. The long, duplicative planning effort and the vote called for in Measure KK would entail costly delays, wasteful expenditures of public funds, and jeopardize opportunities to secure outside funding for projects. The proposal is a roadblock to implementing General Plan goals and policies relating to alternatives to the automobile, and it would threaten our ability to meet our goals for greenhouse gas reductions.”
Q: What do Labor organizations think of Measure KK?
A: So far, the Alameda County Central Labor Council and AFSCME Local 3916 have endorsed a NO vote on Measure KK.
Q: Does Measure KK help the disabled?
A: No. Right now AC Transit buses are “ADA-compliant” and provide wheelchair access via an awkward lift system that delays the bus for two to three minutes at a stop. Potential future Berkeley transit systems – both BRT and light rail – would be designed to provide “universal access” – wheelchair passengers could roll on and roll off like they do on BART. But Measure KK would require an extra election – costing hundreds of thousands of dollars and up to two years of delay – every time we want to upgrade a transit route from ADA-compliant to universal access.
Q: Do proponents of Measure KK have any transit or environmental proposals of their own?
A: No. In their ballot statements, they only say “Leave our streets alone.”
They also say “We pay for our streets. We should be able to use them.” How will this help us improve transit and protect our environment?
Q: Is there any City of Berkeley policy about automobiles vs. public transit?
A: In 1996, Berkeley adopted a Transit First Policy (Resolution 58,731), which states, “It shall be the official Policy of the City of Berkeley that alternative transportation and public transit be given preference over single occupancy vehicles on designated preferential transit streets.”
Q: Would Measure KK help us achieve our Climate Action Plan goals?
A: No. Measure KK would delay or overturn projects already approved by the City Council that would improve public transit. And almost 50% of our greenhouse gas emissions already come from transportation.
One AC Transit BRT bus on Telegraph Avenue could take the place of 50 commuter cars when you consider that there is an average of only 1.2 passengers per car in Berkeley (80% of commute-hour vehicles are single occupancy). Providing better alternatives to driving alone will significantly increase transit ridership and decrease the emissions in Berkeley of carbon dioxide and other greenhouse gases.
Q: Were can I find out more about the current Bus Rapid Transit proposal?
A: AC Transit’s website: http://www.actforme.org/about/future.php
Friends of BRT website: http://friendsofbrt.org/
