Council Won’t Fight Ruling on Bernhardt Recall : Politics: Decision comes after city attorneys say chances for a successful appeal appear slim and the cost could be high.

The San Diego City Council voted Friday not to appeal a Superior Court judge’s ruling on which neighborhoods may vote in Councilwoman Linda Bernhardt’s April 9 recall election, a decision that virtually guarantees that the contest will take place as scheduled.

The council’s 9-0 closed-session vote came after city attorneys warned that the chances of overturning Judge Harrison Hollywood’s decision were slim, council members said in interviews after the special one-issue meeting. An unsuccessful appeal of Hollywood’s ruling also might leave the city liable for its opponents’ attorneys’ fees, they said.

“The attorneys in there didn’t give us a very rosy outlook,” Councilman Ron Roberts said. “There seemed to be some concern that our chances weren’t very good and to continue to pursue this would cost us a lot of money.”

Hollywood on Wednesday overruled the council’s Jan. 9 vote of 5 to 4 to move the recall election into Bernhardt’s newly reapportioned 5th District. The judge said she must face voters in the neighborhoods of her old district, where recall petitions were circulated last year.

The former 5th District includes the neighborhoods of Mira Mesa and Scripps Ranch, where sentiment against Bernhardt appears to be strongest, lessening Bernhardt’s chances of retaining her seat, opponents believe. Under redrawn district boundaries approved by the council last year, Bernhardt lost those neighborhoods and gained most of Clairemont.

In addition to the April 9 recall, which Bernhardt’s detractors attribute to her decision to jettison Scripps Ranch and Mira Mesa in the council redistricting, the embattled councilwoman is the subject of a district attorney’s investigation into her campaign finances and a city attorney’s review of whether outstanding campaign debt violates a city ordinance.

Bernhardt and her supporters say she has been targeted for ouster by powerful city development interests who lost clout on the council when she defeated incumbent Ed Struiksma in 1989.

Depending on who replaces her, Bernhardt’s ouster could alter the delicate balance of power on the nine-member council, where she is part of the ruling majority along with Abbe Wolfsheimer, John Hartley, Wes Pratt and Bob Filner. It was those five who voted to shift the recall election into Bernhardt’s new district and who called Friday’s emergency meeting.

Seven candidates have filed nominating papers to replace Bernhardt in a tandem election that also will be held April 9. One of them, attorney Tom Behr, who successfully filed suit to be allowed to run in the election, said Friday that he will not seek city repayment of his attorney fees.

Bernhardt said she believes the chances of overturning Hollywood’s decision are better than city attorneys described. She also expressed support for Clairemont residents who have telephoned her office expressing outrage that they will not be allowed to choose their representative if the recall is held within the boundaries of Bernhardt’s old district.

“Clairemont is outraged, clearly, and I don’t blame them,” Bernhardt said. But to “keep the electoral process moving, keep the city running,” she voted with the majority not to seek an appeal of Hollywood’s ruling.

Bernhardt also said she will not personally file suit to overturn Hollywood’s decision. That leaves a committee of Clairemont residents as the most likely group to attempt to block the judge’s order.

However, Howard Wayne, a leader of the Committee Against Disenfranchisement, said there was “less than a 50-50 chance” that the group would go to court. Committee members will discuss the matter over the weekend, Wayne said.