Council postpones decision on initiatives

By Martin Snapp
The Berkeley voice
2004-07-16

Three controversial initiative propositions -- decriminalizing prostitution, authorizing medical marijuana, and creating a new commission to protect public trees -- were put on hold for a week while the city council formulates a response.

All three have enough signatures to qualify for the November ballot, so the council must decide to adopt them outright or place them before the voters.

The decision on the trees initiative was postponed because its author, environmentalist Elliot Cohen, took issue with some of City Attorney Manuela Albuquerque's ballot language describing the measure, and the council decided to give them another week to work out their differences.

But the prostitution and marijuana initiatives were postponed for a different reason: To give the council time to mobilize opposition.

At first, they reluctantly voted to place them on the ballot.

"Let's make this clear, this is not a vote to endorse," said Mayor Tom Bates. "We're putting them on the ballot because we have to."

One by one, council members took potshots at the initiatives. Gordon Wozniak called the marijuana measure "an abuse of our zoning discretion," adding, "The burden will fall on selected areas, and I don't think that's fair."

Linda Maio ripped the prostitution initiative, echoing Police Chief Roy Meisner's fears that it would result in an influx of hookers into the city.

But after voting to put the measures on the ballot, they were informed by the city attorney that they have the authority to file ballot statements in opposition -- either individually or as a group. They also get to choose the title of each ballot initiative.

"Really?" said Bates. "In that case, let's rescind the vote we just took."

Which they did. Bates then appointed a subcommittee comprised of Wozniak, Maio, Dona Spring, and himself to report back next week with titling recommendations, at which point all three initiatives will be formally placed on the November ballot.

In other actions, the council:

• Gave the green light to La Farine bakery on Solano Avenue to set up two sidewalk tables for food service, ending a marathon, eight-month permit appeals process that pitted neighbor against neighbor and raised issues of majority rule vs. minority rights.

• Reluctantly approved another $450,000 for the still unfinished Jubilee Senior Homes project on San Pablo Avenue, despite the 100 percent cost overruns so far.

"If we had known beforehand it would cost this much, we probably wouldn't have gone in, in the first place," said housing director Steve Barton. "But at this point, we've put in a lot of money that they've already spent, and we'd lose it all if we didn't see it through."

• Formally approved four tax measures for the November ballot: three property tax hikes -- to help fund emergency medical services, the library, and youth services and safety programs -- plus a raise in the utility users' tax, to raise money for the General Fund.

• Increased administrative fees for fingerprinting nonresidents and writing good conduct letters, but postponed until September a decision on whether to increase fees for towed vehicles.

• Authorized 16 preferential parking spaces for parking enforcement officers' own cars.