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Wednesday, June 19, 2013 | 1:44 p.m.

Posted: 12:40 a.m. Wednesday, Nov. 7, 2012

Berkeley's anti-sitting ordinance goes down to narrow defeat

Berkeley votes on Sit/Lie ban
Marcio Jose Sanchez
A man sits on the sidewalk on Thursday, June 14, 2012 in Berkeley, Calif. The Berkeley City Council is introducing a ballot measure that would restrict sitting on the sidewalk. The measure would prohibit sitting on the sidewalk at specific times of the day in commercial areas throughout the city. (AP Photo/Marcio Jose Sanchez)

KTVU.com and Wires

BERKELEY, Calif. —

Berkeley voters appear to have narrowly defeated a controversial measure that would have banned sitting on sidewalks in the city's commercial areas from 7 a.m. until 10 p.m.

In final semi-official results, with absentee and provisional ballots yet to be counted, Measure S was failing, with 51.6 percent of voters opposing the initiative. The difference between the "yes" and "no" votes was 1,055 votes.

Supporters say the measure is needed to reduce the number of street people who loiter in front of stores because they scare customers away and hurt business.

But opponents say the measure discriminates against people who happen to be poor and that Berkeley already has an ordinance in place that prohibits people from lying on the sidewalk during daytime hours.

Berkeley voters also approved one bond measure but rejected another bond measure and a parcel tax.

Measure M, which authorizes the issuance of $30 million in bonds for street improvements and so-called "integrated green infrastructure" such as rain gardens, swales and permeable paving, received 73 percent of the vote, well above the two-thirds margin necessary for approval.

But Measure N, a $19.4 million city bond measure to replace pools at West Campus and Willard Middle School, fell short of the two-thirds threshold it needed, garnering 62 percent of the vote.

And Measure O, a parcel tax to pay for the operation and maintenance of the two pools, also fell short of the required two-thirds threshold, getting 59.7 percent of the vote.

It was too early to tell the fate of Measure T, which would amend the West Berkeley Plan and the city's zoning ordinance to allow more flexibility for developments, provided that there were community and environmental benefits to West Berkeley.

As of early Wednesday morning, 50.2 percent of voters opposed the measure and 49.8 supported it -- a margin of 123 votes.

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