Petition to Recall Tom Bates From the Office of Mayor of the City of Berkeley

Pursuant to the California Constitution and City of Berkeley Charter City laws, we the undersigned registered and qualified electors of the City of Berkeley, Berkeley, California, respectfully state that we seek the recall and removal of Tom Bates, holding the office of the Mayor of Berkeley:

• In 2004 the Mayor’s failure to vote to prevent installation of three Sprint antennas increased proliferation of cell phone towers, and weakened Berkeley’s legal position in the pending lawsuit.


• The U.C. “settlement” will cost Berkeley homeowners a fortune. In June, 2005, Bates cast the deciding vote reducing fees paid by the University for sewer services, resulting in increased fees for homeowners. During Bates’ tenure, sewer, storm drain and permit fees have increased. The U.C. settlement relinquished Berkeley’s downtown land use authority, enabled City staff, U.C. developers to make planning deals not required to adhere to Berkeley’s zoning laws. City Council is not honoring zoning laws, assuring that development takes place regardless of neighborhood concerns. When U.C. takes over land it becomes exempt from Berkeley property tax, resulting in tax and fee increases for Berkeley homeowners.


• In July, 2006 Mayor Bates cast a deciding vote awarding a three-year $1.5 million contract to Office Max, not supporting a proposal directing the City to award the contracts to local businesses. Under Bates, local businesses have suffered. While retail businesses are struggling, parking spaces have been eliminated downtown and throughout the city. Parking fines have been raised, without providing increased public transit alternatives. His proposal to build on the parking lot of the Ashby BART station would destroy the Berkeley Flea Market and reduce commuter parking, discouraging many people from using Mass Transit.


• Mayor Bates’ promises to address global warming contrast poorly with his actions: Bates approved removal of over 200 trees at the Berkeley Marina, is working to expand the number of car dealerships in Berkeley, favors BP plans to plant genetically engineered crops that could lead to ecological disaster. He consistently supports projects built to the footprint of the land. Under Bates, Berkeley lags behind San Francisco and Oakland in promoting solar power.


• Bates voted to repeal the existing Landmark Preservation Ordinance, which protects the beauty and history of some of Berkeley’s oldest, most affordable, rent-controlled apartments.


• Under Bates, affordable housing has suffered. He voted to allow developers to turn rental apartments into luxury condominiums, permitted eviction of artists in live-work space in the Drayage building, voted against holding a public hearing on the subject. His failure to exercise proper oversight has endangered the Berkeley Housing Authority.


• Mayor Bates has frustrated the will of the electorate by not complying with voter-approved mandates such as renovation of Berkeley High’s warm pool, and a new animal shelter. He has interfered with public comment, arbitrarily changing the rules, sometimes not permitting comment, other times making speakers wait for hours in disregard of the Brown Act and the rights of the people.


• During the course of his term in office, Mayor Bates has facilitated the take-over of the City of Berkeley by BP, Department of Energy, Carnegie Institution for Science, Lawrence Berkeley National Laboratory, and Sandia National Laboratories. He has abdicated his responsibility to his constituents, the residents of the City of Berkeley, and is representing the interests of these corporations.

Name of Proponent listed on Notice of Intention: Zachary RunningWolf

The answer of the officer sought to be recalled is as follows:

I’m proud of the accomplishments the City Council and I have been able to achieve during my tenure. It is a privilege to represent this great City.

Just one year ago, I was honored to be re-elected Berkeley’s Mayor by 63%, the largest margin in 40 years. The issues listed in the recall petition were raised, discussed, and rejected during that campaign.

Those who disagree with my leadership absolutely have the right to publicly air their views. However, a recall election would cost the City over $300,000 and would take place only a few months before the next scheduled mayoral election in November of 2008.

I believe it is time for us to work together to find solutions to the challenges we face as a community and to be a positive environmental and social role model. Berkeley’s leadership on issues ranging from global warming to the community’s support for our young people has been widely acknowledged and praised.

If you would like to discuss any of the issues raised in the recall petition or have ideas for how we can make Berkeley the best it can be, please contact me at tom.bates@earthlink.net.

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