Editorials

Mayor Says No Special Election for LPO Issue

By Richard Brenneman
Tuesday January 16, 2007

Mayor Tom Bates said Friday he has no intention of calling a special election on the referendum that threatens to block implementation of the Landmarks Preservation Ordinance (LPO) approved by the City Council last month. 

“It looks like they turned in more signatures than were required,” he said. “That means a likely pause in implementing the new LPO, which was six years in the making.”  

“That very interesting,” said Julie Dickinson, co-chair of the referendum campaign. “We’ll see if something else pops up, but if they’re not calling a special election on the referendum alone, that’s good news.” 

Foes of the ordinance Thursday gave City Clerk Pamyla Means petitions with signatures from 5,908 Berkeley residents on petitions to freeze implementation of the new law pending a public vote. 

After a cursory check by the clerk’s office Thursday, the petitions were forwarded to the Alameda County Registrar of Voters office, which has 30 days to verify that backers had obtained enough valid signatures to land the issue on the ballot. 

Under the city’s election code, implementation of a council-passed ordinance can be blocked if opponents gather valid signatures totaling 10 percent of the turnout in the last mayoral election. 

Based on the total votes recorded in the mayoral race that ended with Bates’s reelection in November, referendum backers needed 4,092 valid signatures. “It looks like they have them,” said Bates. 

City Attorney Manuela Albuquerque has ruled that the council could call a special election to decide the referendum, Means said. 

But Bates said the measure he and Councilmember Laurie Capitelli had sponsored will remain on hold until the next election—which could include a special election called to decide other issues. 

“I like the ordinance we approved because it gives certainty, a time frame and standards for integrity, but if people want to continue this struggle, I look forward to the election,” said the mayor. 

Dickinson said she also welcomes the election and the educational campaign that will come before Berkeley citizens head to the ballot box. 

“We’re ready,” she said. 

Voters rejected Measure J in November, which would have kept—with minor fixes—the existing ordinance the council’s measure would have superseded. That law will remain in force until voters decide on the referendum.