PACKED NOVEMBER BALLOT INCLUDES 3 CONTROVERSIAL ITEMS

A dozen ballot measures will be vying for the voters' approval in
November, and politicos and community leaders are already lining up
pro and con.

The most controversial are the final three -- Measure Q, which would
decriminalize prostitution; Measure R, which would loosen medical
marijuana laws; and Measure S, which would create a Tree Board to
protect trees on public property.

All three were put on the ballot by initiative, over the opposition of
the City Council.

Measure Q would not invalidate state prostitution laws. But it would
make their enforcement in Berkeley a low priority, similar to the
status currently given accorded laws.

It draws support from feminist groups and theologians, particularly
from liberal denominations at the Graduate Theological Union, who
claim it would get prostitutes off the streets. They say sex workers
are victims, and law enforcement should be aimed at the perpetrators
- -- pimps and Johns.

It's less popular in the flatlands, where residents fear their
neighborhoods would become prime stomping grounds for
prostitutes.

Last spring, Councilwoman Margaret Breland of District 2 said, "I'd
like to see how those people on Holy Hill would like it if someone put
a 'house' right next to them!"

Measure R, the medical marijuana initiative, should appear to be a
slam dunk in Berkeley. But it's not. Most of the city's liberal
establishment, from Mayor Tom Bates on down, opposes it.

Not that they disagree with its intent to alleviate the suffering of
seriously ill patients. The problem is that the measure does away with
the requirement that a marijuana dispensary must obtain a use permit.
Instead, dispensaries could open anywhere allowed by zoning laws.

Under the old system, the dispensary had to go through a laborious
permit process, including a public hearing where the neighbors have a
chance to express their views.

Under the new system, the dispensary could open as a matter of right,
with no need for a permit or public notice.

Like the prostitution initiative, the cannabis measure is drawing its
fiercest opposition from the flatland area, where residents worry that
the bulk of the new dispensaries would open in their
neighborhoods.

The innocuous-sounding Measure S, the tree initiative, could turn out
to be the most controversial.

Most of the City Council is lining up against it, along with most city
commissioners.

Again, they sympathize with its goal of protecting the city's public
trees. But they say it's written so broadly, it would give the new
Tree Board veto power over the decisions of any city agency that
impacts a tree -- including decisions of the City Council itself.

Elliot Cohen, the environmentalist who spearheaded the drive to put
Measure S on the ballot, disputes this interpretation. He also
disagrees with those who claim it would just add another level of
bureaucracy to city government.

"Some call it bureaucracy," he says. "I call it accountability."

Other spirited campaigns can be expected over Measure H -- public
financing for candidates in city elections -- and the tax measures, J,
K and L

All ballot measures will require a simple majority to pass -- except
M, N and O, which, being property tax hikes, require a two-thirds
majority.Measure h

Public financing of municipal elections

Supporters say: It will increase the diversity of candidates and level
the playing field.

Opponents say: Good idea, but where's the money coming
from?

Pro: Mayor Tom Bates; Councilman Gordon Wozniak; Peralta College trustee
Darryl Moore; Santiago Casal, co-chairman of Latinos Unidos, and the Sierra
Club.

Con: Laurie Bright, president of the Council of Neighborhood Associations;
Dean Metzger, president of the Claremont Elmwood Neighborhood Association;
Eleanor Pepples, president of Northeast Berkeley Association Board; Gregory
Harper, block captain of Neighbors of Stanton Street; and Michael Wilson,
president of the Berkeley Property Owners Assn.

Measure i

Moving the date of mayoral elections to coincide with presidential
elections

Supporters say: It will increase voter turnout.

Pro: former Zoning Adjustments Board chairwoman Nancy Carleton, ASUC
external affairs VP Elizabeth Hall, rent board chairman Max Anderson,
Peralta college trustee Darryl Moore.

Nobody submitted a ballot statement in opposition to Measure 2 before
the filing deadline, although opponents still have time to write a
rebuttal to the "pro" argument.

Measure j

Utility tax hike of 9 percent to fund city services

Supporters say: The alternative would be losing a fire truck, programs
for seniors, and seven police officers.

Opponents say: It's regressive, taxing rich and poor at the same rate.
It also hits small businesses especially hard.

Pro: Mayor Tom Bates; Andy Ross, owner of Cody's Books; Councilman Gordon
Wozniak; boona cheema, executive director of BOSS; and Rev. George Crespin,
pastor of St. Joseph the Worker church.

Con: Laurie Bright, president of the Council of Neighborhood Associations;
Dean Metzger, president of the Claremont Elmwood Neighborhood Association;
Eleanor Pepples, president of North East Berkeley Association; Marie
Bowman, president of the Berkeley Alliance of Neighborhood Associations;
and Michael Wilson, president of the Berkeley Property Owners Assn.

Measure K

Property transfer tax hike of 1.5 percent to fund youth
programs

Supporters say: It's a small increase that will fund some valuable
programs, including school crossing guards, tutoring and mentoring,
and emergency services and shelter for homeless kids.

Opponents say: This will give Berkeley the highest transfer tax rate
in the state, depreciating the value of every home in the city and
freezing out young home buyers.

Pro: Mayor Tom Bates, school board president John Selawsky, Peralta college
trustee Darryl Moore, real estate broker Mark Tenenbaum, and Trina
Ostrander, executive director of the Berkeley Public Education Foundation.

Con: Councilwoman Betty Olds; Miriam Ng of the Berkeley Board of Realtors;
citizens budget review commissioner Cecilia Gaerlan; Berkeley High Safety
Committee member Laura Menard; and Eleanor Pepples, president of the North
East Berkeley Association.

Measure L

Library tax -- a 15.5 percent property tax hike in 2005, followed by 5
percent increases in succeeding years, to help fund the public library.

Supporters say: It will restore library services. The central library
will resume Sunday hours, the branches will return to their full
weekday schedules, and the library can start buying books again.

Opponents say: Coming on top of a 13.9 percent increase in the library
tax rate last year, this will just be throwing good money after bad
until the library gets its budget under control.

Pro: Mayor Tom Bates; Amy Roth, chairwoman of Keep Libraries Alive; Jorge
Garcia, chairman of the Berkeley Public Library Board of Trustees; Ranko
Yamada, president of the Berkeley Public Library Foundation; and Peralta
College trustee Darryl Moore.

Con: Councilman Gordon Wozniak; Laurie Bright, president of the Council of
Neighborhood Associations; Dean Metzger, president of the Claremont Elmwood
Neighborhood Association; Eleanor Pepples, president of North East Berkeley
Association Board; and Michael Wilson, president of the Berkeley Property
Owners Association.

Measure M

Emergency Medical Services Tax -- a property tax hike of 59 percent
(according to opponents), or $79 per year for the average homeowner
(according to supporters).

Supporters say: It will close a $1 million deficit in the city's
paramedic services fund.

Opponents say: This is really a bait-and-switch, replacing general
fund money that the city is already spending on paramedic services.

Pro: Council members Maudelle Shirek, Gordon Wozniak, and Dona Spring; Andy
Ross, owner of Cody's Books; and Russell Kilday-Hicks, former chairman of
the Disaster Council.

Con: former Mayor Shirley Dean; Frank Davis Jr., chairman of the Black
Property Owners Assn., Laurie Bright, president of the Council of
Neighborhood Associations; Trudy Washburn, chairwoman of the Fire Safety
Commission; and Laura Menard, chairwoman of the Russel-Oregon-California
Neighborhood Group.

Measure n

Routine reauthorization of expenditures for previously approved taxes
for the library, park maintenance, and emergency services.

Pro: The entire city council.

There were no arguments filed in opposition.

Measure o

Rent increase.

This measure was placed on the ballot by unanimous vote of the city
council. It's a compromise that was negotiated between the rent board
and the Berkeley Property Owners Association. Under its terms, the
yearly allowable increase will be set at 65 percent of the increase in
the past year's local consumer price index.

Supporters say: It will streamline the process, eliminate the annual
rancor between competing interests, and save big bucks in outside
consultant and legal costs.

Pro: Mayor Tom Bates; Councilwoman Betty Olds; Max Anderson, chairman of
the Rent Stabilization Board; Michael Wilson, president of the Berkeley
Property Owners' Assn., and Sherry Smith, president of the League of Women
Voters.

There were no arguments filed in opposition.

Measure p

Changes in the rent control law

This measure was also put on the ballot by unanimous vote of the city
council. It has a little something for everyone: For tenants: They
won't be evicted for replacing one roommate with another.

For landlords: They won't be subject to criminal penalties for
violations.

The measure also regulates some previously exempt Section 8 units,
exempts some units owned by nonprofits, specifies rent deposit
interest rate reimbursement, and permits sharing of information with
other city agencies.

Pro: The entire city council; Max Anderson, chairman of the rent board; and
ASUC student body president Misha Leybovich.

There were no arguments filed in opposition.

Measure q

Decriminalizing Prostitution

Supporters say: It will stop violence against women, improve public
health, and enhance public safety.

Opponents say: It will roll out the red carpet for prostitutes and
their pimps to invade Berkeley.

Pro: Avaren Ipsen, Ph.D candidate at the Graduate Theological Union and
member of the Berkeley Commission on the Status of Women; Lois Rowan,
retired union journalist; boona cheema, executive director of Building
Opportunities for Self-Sufficiency (BOSS); Beatrice Morris, physician
assistant and student at the Pacific School of Religion; and Jerry Threet,
former president of the Harvey Milk LGBT Democratic Club.

Con: Rev. George Crespin, pastor of St. Joseph the Worker Church; Dr.
Davida Coady, executive director of Options Recovery Service; Councilwoman
Margaret Breland; former Assemblywoman Dion Aroner; and John Selawsky,
president of the Berkeley school board.

Measure r

Medical Marijuana

Supporters say: It will provide humane access to marijuana for
desperately ill patients.

Opponents say: It will allow marijuana dispensaries to pop up wherever
they want, without any oversight by the city.

Pro: James Blair, patient advocate; Charles Pappas, patient; Dr. Tod
Mikuriya, physician; Dr. Frank Lucedo, physician; and Omar Figueroa, attorney.

Con: Vice Mayor Maudelle Shirek; Councilwomen Margaret Breland; Dr. Davida
Coady, executive director of Options Recovery Services; Janet Levinson,
teacher; and Ted Gartner of Channing Way Neighbors.

Measure s

Tree Commission

Supporters say: It will create a 12-member Tree Board to protect trees
on public property.

Opponents say: It's overbroad. Do we really need another level of
bureaucracy?

Pro: Janet Santos Cobb, president of the California Oak Foundation; Karl
Linn, president of Berkeley Eco-House; Lisa Stephens, former chairwoman of
the parks and rec commission; Zasa Swanson, chairwoman of Berkeley Partners
for Parks; and G.S. Oram Jr. of ERI Realty.

Con: Mayor Tom Bates; Vice Mayor Maudelle Shirek; council members Betty
Olds, Gordon Wozniak, Margaret Breland and Linda Maio; and Michael
Veneziano, former chairman of the parks and rec commission.