On a chilly December evening, Manuel Oliver, 68, his small frame encased in layers of warm clothing, turns the dials of his small electric stove to “high” and waits anxiously for the burners to glow a warm red. 

Finally the burners begin to heat. Oliver can tell because one of the burners begins to smoke as a remnant from a recently cooked meal burns off. Oliver’s small studio in the Harriet Tubman House, a low-income seniors residence, fills with smoke as he rubs his hands together over the burner. 

“The oven doesn’t work but if the burners are on full they heat the place up a little,” said Oliver. 

Heat is important for Oliver because he suffers from bronchitis.  

“When it gets too cold, I have to go to the hospital,” he said. 

Oliver and 20 other seniors, many with serious medical conditions, held a press conference Friday to demand the owners of the 92-unit Harriet Tubman House repair an inadequate heating system they say is threatening their health and well-being. The press conference, during which the seniors waived placards and wore Christmas hats, was attended by several state housing advocates and Councilmember Kriss Worthington, who organized the event. 

Monday, Dec. 10

Strains, Sprains, and Joint 

Injuries 

10:30 a.m. 

North Berkeley Senior Center 

1901 Hearst Ave.  

Discussion with Dr. Loron McGillis. 644-6343 

Tuesday, Dec. 11

The search for a Nonviolent  

Future 

3:30 - 5 p.m. 

Graduate Theological University 

2400 Ridge Rd. 

Hewlett Library, Dinner Board Rm. 

Discussion with Micheael Nagler, author of “Is There No Other Way.” Free. 649-2560 .  

The Bombings in Indonesia,  

1998-2001 

3:30 p.m. 

UC Berkeley 

220 Stephens Hall, Geballe Room 

Exclusive of Aceh, Malukus, and West Papua. With Father Sandyawan Sumardi. Free. 642-3609. 

The Spirit of Christmas Class 

7 - 9 p.m. 

1250 Addison  

Studio 103 

Explore the metaphysics of the Christmas Story. 540-8844, patricia@newthoughtunity.org. 

Feldenkrais Chair Class for  

Seniors 

1 p.m. 

North Berkeley Senior Center 

1901 Hearst Ave. 

Gentle movement class for older adults. Free. ellmor1@home.com 

Heading Off The Holiday  

Blues 

1:15 p.m. 

North Berkeley Senior Center 

1901 Hearst Ave.  

Discussion with Elizabeth Forrest. 644-6343 

Feldenkrais Floor Class for  

Seniors 

2 p.m. 

North Berkeley Senior Center 

1901 Hearst Ave. 

Gentle movement class for older adults. Free. ellmor1@home.com. 

Holiday Mixer 

5:30 - 7 p.m. 

Filippo’s Pasteria 

1499 Solano Ave. 

The Solano Avenue Association invites you.  

Wednesday, Dec. 12

Hawaiian Festival 

1:15 p.m. 

North Berkeley Senior Center 

1901 Hearst Ave.  

Dancers, music and refreshments. 644-6343 

Lecture Series on Women  

Medieval Mystics 

7:30 - 9 p.m. 

All Souls Parish 

2220 Cedar St. 

Three Women Mystics: An Advent Lecture Series. Exploration of their spiritual quests designed to offer a new sense of spiritual possibilities in modern times. Free. Supervised childcare will be provided. 848-1755. 

Near Death Experience  

Support Group 

7 - 9 p.m. 

Berkeley Fellowship of Unitarian Universalists Church 

1606 Bonita Ave. 

International Association of Near-Death Studies offers an open, sharing, and supportive environment for the exploration of Near Death Experiences. 

Thursday, Dec. 13

Berkeley High School Band  

and Orchestra’s Winter  

Concert 

7:30 p.m. 

Berkeley Community Theater 

Allston and MLK Jr. Way 

$4 gen., $1 students. 528-2098. 

Discussion on Mumia Abu  

Jamal 

7:30 p.m. 

La Pena Cultural Center 

3105 Shattuck Ave. 

Bob Mandel and Sara Fuchs discuss the implications of Sept. 11 on the Mumia Abu Jamal case. $3. 653-7882 

The Challenges of Indonesia 

2 - 3 p.m. 

2223 Fulton Ave. 

6th Floor Conference Room 

Journalist, poet and former Editor of Tempo Magazine, Goenawan Mohamad. 642-3609. 

Snowcamping Class 

7 p.m. 

Recreational Equipment, Inc. 

1338 San Pablo Ave. 

Chuck Collingwood and Martin Thomas present a slide lecture on the essentials for surviving overnight in the snow and discuss the basics for safe and enjoyable ski or snowshoe travel. 527-4140 

Simplicity Forum 

7 - 8:30 p.m. 

Claremont Branch Library 

2940 Benvenue Ave. 

Monthly meeting that features people telling stories about the ways they have changed their lives by finding ways to work less, consume less, 

rush less, and have more time to build community with friends and family, as well as live more lightly upon the planet. 549-3509, www.seedsofsimplicity.org. 

Gaia Building Open House  

Benefit 

4 - 8 p.m. 

The Gaia Building, 7th Floor 

2116 Allston Way 

The Gaia Building, an innovative residential housing project, celebrates its opening with an open house to benefit the Berkeley Emergency Food and Housing Project. $10, sliding scale. 883-1000, panoramicinterests.com. 

Community Health  

Commission 

6:45 - 9:30 p.m. 

South Berkeley Senior Center 

2939 Ellis St. 

New Business Action: Increased funding for Public Health Infrastructure. 644-6109, phd@ci.berkeley.ca.us. 

Friday, Dec. 14

Dunsmuir Historic Estate  

Holiday Season 

11 a.m. - 5 p.m. 

2960 Peralta Oaks Court, Oakland 

Volunteers have transformed the 50-acre estate and the 1899 mansion into a holiday event. 925-275-9595, www.dunsmuir.org. 

Partial-Solar Eclipse Viewing 

11 a.m. - 2 p.m. 

Lawrence Hall of Science 

Centennial Dr., just above UC Berkeley Campus 

Telescopes and specially designed sun-spotters will be set up for safe viewing of the partial eclipse. $3 - $7. 642-5132, www.lawrencehallofscience.org 

An International Christmas 

8 p.m. 

Greek Orthodox Cathedral of the Ascension 

4700 Lincoln Ave., Oakland 

A concert featuring children’s voices, hand bells, carols, hymns, Messiah excepts, and children’s book-singing. Free. 531-3400 

Saturday, Dec. 15

Calendar Sale Fundraiser for  

Berkeley High School’s 

Communications and Art  

School 

9 - 11 a.m. 

2310 Valley St. 

A huge variety of calendars to raise funds for video equipment for CAS. 843-2780, lorberlin@aol.com. 

Dunsmuir Historic Estate  

Holiday Season 

11 a.m. - 5 p.m. 

2960 Peralta Oaks Court, Oakland 

Volunteers have transformed the 50-acre estate and the 1899 mansion into a holiday event. 925-275-9595, www.dunsmuir.org.

Editor: 

I am writing to join European and Middle Eastern leaders in their opposition to any future U.S. military action against Iraq. 

President Bush has intimated that he will “punish” Iraq for rejecting calls for international weapons inspection — and off cials within the administration are known to be urging strikes against Iraq. 

Yet military action against Iraq will almost certainly backfire: as recent history tragically unde scores, there is no such thing as a ‘surgical air strike’ against select enemies. Innocent civilians are inevitably killed — by the hundreds. If we bomb Iraq, we will certainly horrify and alienate U.S. allies in the Middle East at a time when we need their cooperation more than ever.  

And of course we can all too easily imagine what the long term consequences of such attacks might be in the hearts and minds of our enemies. 

The war on terrorism will not be won by the continued bombing of destitute populations by a wealthy, powerful U.S. A number of World Trade Center victims — understanding all too well the human cost of “collateral damage” — have begun to articulate this fact in an urgent call for the cessation of violence; one wishes Bush and his advisers would stop and listen. 

Sheila S. Newbery 

Berkeley 

924 Gilman Dec. 14: Hot Water Music, American Steel, F-Minus, Trial By Fire; Dec. 15: Strung Out, Limp, The Frisk, The Deadlines, The Creeps; Dec. 16: 5 p.m., Good Riddance, Missing 23rd, Downway, Audio Crush; Dec. 21: Kepi, Bonfire Madigan, Kevin Seconds; Dec. 22: The Lab Rats, Onetime Angels, A great Divide, Last Great Liar, Gabriel’s Ratchet; Dec. 23: 5 p.m., Over My Dead Body, Panic, Breaker Breaker, Some Still Believe; All shows start a 8 p.m. unless noted; Most are $5; 924 Gilman St. 525-9926 

The Albatross Pub Dec. 11: Mad & Eddic Duran Jazz Duo; Dec. 13: Keni “El Lebrijano”; Dec. 15: Larry Stefl Jazz Quartet; Dec. 18: Panacea; Dec. 19: Whiskey Brothers; Dec. 20: Keni “El Lebrijano”; Dec. 27: Keni “El Lebrijano”; All shows start at 9 p.m., 1822 San Pablo Ave. 843-2473  

Anna’s Dec. 10: Renegade Sidemen w/ Calvin Keyes; Dec. 11: Singers’ Open Mike #2; Dec. 12: Bob Schoen Jazz Quartet; Dec. 13: Rev. Rabia, The Blueswoman; Dec. 14: Anna and Mark Little on piano; 10 p.m., Bluesman Hideo Date; Dec. 15: Jazz Singers Vicki Burns and Felice York; 10 p.m., The Distones Jazz Sextet; Dec. 16: The Jazz Fourtet; Dec. 17: Renegade Sidemen w/ Calvin Keyes; Dec. 18: Tangria Jazz Trio; Dec. 19: Bob Schoen Jazz Quartet; Dec. 20: Jazz Singers’ Collective; Dec. 21: Anna and Percy Scott on piano; 10 p.m., Bluesman Hideo Date; Dec. 22: Jazz Singer Robin Gregory; 10 p.m., The Distones Jazz Sextet; Dec. 23: Jazz Singer Ed Reed; All music starts 8 p.m. unless noted. 1801 University Ave., 849-2662. 

Cal Performances Dec. 19: Berkeley Symphony, $21 - $45; Zellerbach Hall, UC Berkeley Campus, Bancroft Way at Telegraph, 642-0212 tickets@calperfs.berkeley.edu 

Eli’s Mile High Club Every Friday, 10 p.m. Funky Fridays Conscious Dance Party with KPFA DJs Splif Skankin and Funky Man. $10; Dec. 16: 3-8 p.m., Beverly Stovall Benefit, Jimmy McCracklin, JJ Malone, Jimi Mamou, Johnny Talbott. $10. 3629 Martin Luther King Jr. Way, Oakland. 655-6661 

Freight & Salvage Coffee House Dec. 10: John Wesley Harding, David Lewis & Sheila Nichols; Dec. 12: Stacey Earle & Mark Stuart; Dec. 13: Kevin Burke; Dec. 14: Dale Miller; Dec. 15: Robin Flower & Libby McLaren; Jan. 6: Allette Brooks. All shows begin 8 p.m., 1111 Addison St. Call 548-1761 for prices or see www.freightandsalvage.org.  

Julia Morgan Theatre Dec. 23: 7:30 p.m., an evening of Irish music and dance with Todd Denman and friends. $10, $5 children; Dec. 31: 8 p.m., New Year’s Eve Gala Concert, Program of classical favorites of the San Francisco Chamber Orchestra; Jan. 12: 8:p.m., “Club Dance,” Teens come together to express their individual personalities and gifts as dancers. $10, Students and Seniors $6, Children ages 5 and under $6. Julia Morgan Theatre, 2640 College Ave., 845-8542, www.juliamorgan.org. 

Jupiter Dec. 12: Mushroom; Dec. 13: Joshi Marshal Project; Dec. 14: Broun Fellini’s; Dec. 15: Norah Jones and Jim Campilongo; Dec. 19: Spectraphonic; Dec. 20: Joshi Marshal Project; Dec. 21: Crater; Dec. 22: Post Junk Trio; Dec. 27: Joshi Marshal Project; Dec. 29: Berkeley Jazz School Presents: Kirk Tamura Trio; All shows are free and begin at 8 p.m. unless noted. 2181 Shattuck Ave., 843-7625, www.jupiterbeer.com. 

La Peña Dec. 14: 8 p.m., Holly Near, $15-$17; Dec. 16: 5 p.m, Flamenca Community Juerga, Free; Dec. 16: 7 p.m, Modupue & UpSurge, $8; Dec. 23: 3:30 p.m, Café Domingo de Rumba, Free; La Peña, 3105 Shattuck Ave. 849-2568, www.lapena.org 

“Music on Telegraph” Dec. 15: Thelonious On The Move, Bison Brewing, 2598 Telegraph Ave.; Dec. 16: Howard Kadis, Musical Offering Cafe, 2430 Bancroft; Dec. 22: Kaz Sasaki Duo, Blackberry Ginger, 2520 Durant; Dec. 23: Almadecor, Ann’s Kitchen, 2498 Telegraph Ave.; All shows 2 - 4 p.m., Free. 

Rose Street House Dec. 14 & 15: 7:30 p.m., Benefit Concert and Birthday Party, Shelly Doty and grassroots community of women singers and song writers; Dec. 25: 3 p.m., Annual “Dykelah Escape-from-you-know-what-day Musical Extravaganza!”; Jan.17: 7:30 p.m., Allette Brooks. 1839 Rose St. 594-4000 x687, rosestreetmusic@yahoo.com. 

First Congregational Church of Berkeley Dec. 15: 2 p.m., “All-Brahms piano recital,” Yu-Ting Chen performs. Free; Jan. 6: 3 p.m., Stephen Genz in his West Coast debut; 2345 Channing Way, 527-8175, www.geocities.com/mostlybrahms.  

“The Christmas Revels” Dec. 14: 8 p.m., Dec. 15: 1 & 5 p.m., Dec. 16: 1 & 5 p.m., celtic music, dance and storry telling. $15-$30. Scottish Rite Theater, 1547 Lakeside Dr., Oakland 893-9853 www.calrevels.org.  

“WAVE,” Women’s Antique Vocal Ensemble Dec.14: 7:30 p.m., concert of Christmas music. $10, Students $5. Calvary Presbyterian Church, 1940 Virginia St., 848-9132. 

“A Midsummer Night’s Dream” Dec. 14: 7:30 p.m.; Dec. 15: 7:30 p.m.; California Shakespeare Festival Student Company, presents a comedy with romance. Free. Rehearsal Hall, 701 Heintz St. 548-3422 X114. sunny@calshakes.org. 

“Brave Brood” Through Dec. 16: Robert O’Hara directs Robert O’Hara’s searing tale of money, desperation, and the fight for survival. $20. Transparent Theater, 1901 Ashby Ave. 883-0305 www.transparenttheater.org 

“Black Nativity” Through Dec. 16th: Fri. 8 p.m., Sat. 2:30 p.m., 8 p.m., Sun. 5:30 p.m.; The birth of Jesus unfolds in this drama written by Langston Hughes. Directed and produced by Betty Gadling. $15 adults, $8 seniors and students, $5 children over 5. Allen Temple Baptist Church, 8501 International Blvd., Oakland 569-9418 www.allen-temple.org

Cal loses third straight as St. Mary’s takes over in game’s final minutes 

The California women’s basketball team battled hard but lost to Bay Area rival St. Mary’s, 53-50, Saturday night at Haas Pavilion.  

The Golden Bears’ record falls to 4-3 with their third straight loss, while the Gaels record improves to 4-3.  

Freshman point guard Kristin Iwanaga had given the Bears an eight-point lead when she hit a three-point shot to make the score 45-37 with 6:40 remaining. But a 16-5 run clinched the game for St. Mary’s.  

Cal last led at 50-48. But point guard Corrie Mizusawa gave the Gaels the lead for good with a 3-pointer from the right baseline, to make the score 51-50 with 1:25 left. Cal had a chance to tie the game with 0.4 seconds left. Coach Caren Horstmeyer called a timeout and inserted 3-point specialist Janet Franey. But the Bears could not cleanly handle the inbounds pass and did not get a shot off as time expired.  

“Their experience took over down the stretch,” Horstmeyer said of the Gaels. “Corrie Mizusawa hit a big shot. She hadn’t really hit anything all day.” 

Cal guard LaTasha O’Keith, who hit 3-for-3 from 3-point land and 2-for-2 from the free throw line, scored a career-high 15 points in the loss. Freshman forward Leigh Gregory added 13 points for the Bears.  

Cal held Jerkisha Dosty, the WCC’s third-leading scorer at 15.8 points per game, to just 8 points. But her twin sister, Jermisha Dosty, led the visitors with 14.  

Mizusawa finished with 7 points and a game-high 9 assists but also had a game-high 7 turnovers. Forward Amber White tied her career high with 6 assists.  

St. Mary’s became the first opponent this season to outrebound Cal, at 46-35. Jermisha Dosty led the Gaels with 9 boards. Ami Forney paced the Bears with 10 rebounds.  

“Every game we played, we’ve out-rebounded our opponents, and they out-rebounded us by 11. That was a big, big, big factor in the game,” Horstmeyer said. “We average 28 free throws in the game. By taking only nine, that shows we weren’t aggressive. We needed to be more aggressive from an offensive perspective.”  

In the first half, both teams struggled to score in stretches and the game stood tied at 11-11 with 9:25 to play. The Gaels then went on a 13-3 run to grab their biggest lead of the game at 24-14.  

Cal chipped in to Saint Mary’s 27-19 halftime lead by utilizing a full-court press through most of the second half. The Bears took the lead for the first time at 37-36 on a Gregory basket with 11:41 left in the game and led for the next nine minutes.  

“We need to find some offense,” said Horstmeyer. “Our defense is keeping people under 55 points per game. Defensively, we’re playing extremely well. We need to find some ways to put points on the board. We were able to pressure Saint Mary’s in the full-court. That brought us back into the game. The problem was the last five or six minutes we struggled to score, so that we couldn’t press.”  

The Bears now take a break for finals. They next play on Dec. 21 in the Pac-10 opener at Arizona followed by a Dec. 23 game at Arizona State. Cal returns to Haas Pavilion for a Dec. 28 game with USC.

OAKLAND – “It’s nice to be home,” said 9th District Rep. Barbara Lee, as she entered a town hall meeting to a standing ovation. 

Around 300 Lee constituents showed up for the Congresswoman’s meeting Saturday morning. While many came to talk about specific pieces of legislation, the majority simply wanted to show their support for Lee’s contrary position on the war in Afghanistan and related matters. 

The theme of the meeting, which was held at the Ronald Dellums Federal Building in Oakland, was security and safety in the wake of Sept. 11. Many representatives from local city and county governments – as well as the state Office of Emergency Services and the FBI – were on hand to discuss the East Bay’s level of preparedness for terrorist attacks and natural disasters. 

Lee said that the local governments in her district have been exemplary in their response to the crisis. 

“I am very proud and pleased about the way our county has come together,” she said. “[Local agencies] have been

Editor: 

As we all know from recent extensive press coverage, thousands of Americans have been tragically killed over the past few months by cars. Therefore, if you should happen to see a car while strolling through downtown Berkeley, it is important during this time of crisis to adhere to the following special safety guidelines: 

•If the car is moving, do not approach it. Cars sometimes change direction suddenly for no apparent reason, striking nearby people or other objects. Run quickly into a building or other recessed area which is too small for the car to enter. When the car is no longer in view, proceed to your destination with caution. 

•If the car is not moving, quickly surround the car with dumpsters and other heavy objects to prevent it from escaping. Place large signs in the area saying “Warning: Car in Vicinity. Keep Away.” 

•In addition to your eyes, keep your nose and ears open. Moving cars can readily be detected by the distinctive odors and odd noises that they produce. 

•Especially avoid dented cars, “sports” cars, and all those overly tall station wagons. 

•Try to “breathe around” the carbon monoxide. 

•As soon as possible, notify the local quality of life authorities for permanent removal of the car. 

While some may consider the above guidelines to be overly cautious or restrictive, our future depends on your compliance and cooperation. Thank you. 

Ken Cheetham 

Berkeley

Construction of the new “Milvia buildings” on the Berkeley High School campus is running two months behind schedule, school officials said, pushing back the expected completion date to June 2003. 

Meanwhile, community activists are asking for development of a campus master plan and a greater voice in deciding the fate of open space adjacent to the construction site. The space became available this summer when the Berkeley Board of Education asked Arntz Builders, contractor for the Milvia project, to tear down the high school’s B Building damaged in a fire last year. 

Lew Jones, manager of facilities planning for the school district, said the delays resulted from the unexpected discovery of several underground obstacles to construction at the site, which once housed a PG&E facility, and more recently featured a school cafeteria and heating plant.  

The obstacles, Jones said, were an old PG&E storage tank, the foundations of school district and PG&E buildings, and an old PG&E switch, or “distribution point.” 

Jones, and project manager Bob Arntz of Arntz Builders, said the delays are normal for a project of this size.  

Bruce Wicinas, father of two students at BHS, and a member of the Citizens’ Construction Advisory Committee, agreed.  

“Based on where the delay came from, that’s actually not bad,” Wicinas said, referring to the two-month hold-up. “There’s no reason to believe the rest of the project will be like this.” 

Jones said the delays have not led to any significant changes to the project’s $36 million budget, although the district has dipped into some of its contingency funds, built into the budget, since construction began in February. 

When the two buildings are complete, the northern facility will include a student

Editor: 

Thank you for such an illuminating article on the Planning Department. A good start to examining how Berkeley municipal government works — or doesn’t. A serious difficulty with hiring and retaining employees? I think Mr. Rhoades may raise an important point: just how competitive is the employment package offered by the city? To the extent that there is a serious discrepancy with surrounding jurisdictions, that could contribute significantly to a morale problem. 

One might also ask how the numbers employed in Berkeley’s planning department compare with those in other, similarly sized jurisdictions. 

Yet, I think Mr. Rhoades put his finger on the pulse of a far more subtle and crucial problem, and perhaps wisely left the reader to judge: the complexity of Berkeley’s codes. In my 18-month experience with navigating the city’s processes and ordinances, they are unnecessarily complex, procedurally opaque, provide for poor internal flow between responsible boards, commissions, and offices, and impose remarkable barriers to meaningful citizen in-put.  

If I were to offer a single suggestion to begin to repair the planning department’s problems, it would be to establish a commitment to consistency between plans and ordinances. Then use this commitment to reduce the remarkably high degree of discretion in Berkeley’s ordinances and procedures. Discretion, verging on the arbitrary, pervades every turning in the planning department to the point that there are few rules and no basis on which either a citizen or a developer (let alone staff) can base a reasonable expectation. No wonder the poor developers go nuts trying to propose a project in Berkeley! No one can tell them what they are actually allowed to build because so much of it is subject to discretionary decision by a host of bodies. Worse, the poor citizen can never get a straight answer about the maximum appropriate dimensions to a proposed project, for the same reason — exacerbated by that fact that the developer winds up shooting for maximum envelope (or beyond) in the hopes of being left with something adequately feasible. The present framework sets developers and concerned citizens on a collision course. Most of the zoning districts have maximum heights that aren’t maximums, but may be exceeded by use permits, and further exceeded with variances. Only five of the eighteen zoning districts with a residential component actually have an established maximum residential density, the rest are either limitless or to be determined, project-by-project, on the basis of “surrogate factors” that are nowhere defined. 

Historic failure to establish a municipal vision with goals clearly supported by a community consensus is one reason for this problem. Ignoring the plans that have been developed by broad-based community effort is another reason. The University Avenue Strategic Plan languishes unimplemented five years after its adoption. The West Berkeley Plan was poorly implemented with respect to development on San Pablo Avenue. The present General Plan appears headed for piece-meal destruction after nearly three years of broad-based development with wide public in-put. Yet, even when the General Plan, in whatever form, is adopted, the absence of the city’s commitment to consistency between its plans and ordinances (a privilege of being a Charter City), means that it has no obligation to implement the promises to which it pledges itself when adopting a plan. Berkeley could correct this by imposing that obligation upon itself.  

Establishing a commitment to consistency, to implementing that which it adopts as its guidance, would begin to introduce a discipline and symmetry that would reduce the alleged need for so much low-level discretion — a discretion unavoidable in the absence of clear directive, policy, or a Plan that is honored. 

Juggling all that discretion requires time: time to gather information, analyze, consider, and recommend. That creates a burden of work from which planning cannot otherwise escape and, with an increasing work load, cannot adequately perform. It places staffers in a position demanding a degree of even-handed integrity that not a few of Berkeley’s citizens have come to wonder might be over-taxed. That citizen commissions and boards play a role in the exercise of discretion offers no real solution. The individuals that compose them may or may not demonstrate sensitivity to the complexity of the issues, substantive knowledge of them, or appreciation for due public process. They are given minimal orientation and, in many instances, even less support by an over-worked staff. But faithful stewardship is hobbled by the inconsistency and complexity of the city’s practices. Berkeley’s ordinances are needlessly complex. Commitment to consistency of ordinances with plans would begin the process of whittling away arbitrary and inconsistent decision-making processes, stream-lining procedure, and clarifying the rules of the game. And through it all, we might re-establish the professional pride of the planning department and the public’s confidence in the work it performs. 

Howie Muir 

Berkeley

SAN FRANCISCO – Family and friends gathered Sunday in the Santa Cruz mountains to remember 7-year-old Xiana Fairchild, abducted on her way to school two years ago. 

The private prayer service was held in Los Gatos near the site where construction workers found pieces of a human skull in January. DNA tests confirmed the remains belonged to Xiana, deflating the hopes of hundreds of people who had searched for her around the former Navy town of Vallejo, about 35 miles northeast of San Francisco. 

The killer still has not been arrested, and police have no suspects. 

But those who loved Xiana are using her name to do good. A toy drive was held Sunday to benefit needy children. A candlelight vigil was also planned and attendees were to retrace Xiana’s last known steps. 

“She’s just constantly on my mind,” said Stephanie Kahalekulu, Xiana’s great-aunt who raised the girl from infancy. “I think there’s still a bit of disbelief.” 

The need to find her niece’s killer was so keen, Kahalekulu sold her belongings and moved her family from Colorado to California last summer to help in the search. 

Vallejo too continues to remember Xiana. 

“As you know, it ended badly, and that was certainly unfortunate,” said Mark Mazzaferro, the city’s spokesman. But “a lot of people learned that number one, Vallejo cares, because this community really came together and worked hard to find this little girl.” 

Children’s books and a corner of the kids’ area at a city library bear Xiana’s name. Volunteers assist other area families looking for their missing children. 

“It’s knowledge you never, ever want to have,” Kahalekulu said. “But then when you find a family, you see a family, their child disappears, they have no clue, no clue what to do and that’s exactly where you were two years ago and you can’t just sit there knowing what you know.” 

The giggling, gap-toothed Xiana lives on in the videotapes her great-aunt watches over and over. 

Strangers still approach Kahalekulu in supermarket parking lots to tell her they’re sorry for her family’s loss. 

“Wherever I go,” she said, “somebody will come up and they’re still saying, ’I’m really sorry about what happened, and we’re still praying for justice for her.”’ 

Xiana’s mother and her boyfriend, Antoinette Robinson and Robert Turnbough, also have drawn police scrutiny, though no charges have been filed and both deny involvement. 

Xiana disappeared six months after Robinson reclaimed her in June 1999, against the wishes of other relatives. Turnbough initially told police he’d dropped Xiana off at the bus stop that day, then later said she left the house by herself. 

Curtis Dean Anderson, who is serving a 251-year prison sentence for kidnapping and sexually assaulting another young Vallejo girl, is under a “cloud of suspicion,” said Sgt. Mark Eastus of the Santa Clara County Sheriff’s Department. But Anderson’s past declarations that he killed Xiana have been unproven.

SAN FRANCISCO – A fund-raiser Saturday collected about $5,000 to pay off the Bay Area’s famous Doggie Diner statue’s restoration. 

The dachshund head was repaired this summer by the Department of Public Works after high winds last April ripped the 500 pound dog head off its pole, sending it into the street. 

The restoration cost a total of $25,000, and the city of San Francisco paid for $15,000 of it. 

The fiberglass dachshund sustained damage to its nose and mouth. 

The last of the 30 Doggie Diner restaurants, once landmarks in the San Francisco Bay area, closed in 1986. In all, 12 heads — including the one on Sloat — are known to remain, said John Law of Emeryville, who owns three. 

LIVERMORE – Friday night Eric Leroy Miller heard two thumps on his front door and when he opened it, he found a newborn baby lying on his doorstep. 

Miller, a chemist and a bachelor, took the baby girl inside his upscale apartment and called police. 

Police say the infant was just hours old when she was left wrapped in blankets on the doorstep. 

Police went door-to-door to see if anyone had any information that might help them locate the baby’s mother, but their efforts were fruitless. 

The baby was taken to a hospital and later released to child welfare authorities. She will be placed in foster care. 

A new law in California allows mothers to leave unwanted babies at hospitals without facing punishment. But abandoning a child elsewhere is a crime punishable by a fine of up to $2,000 and a year in jail. 

SAN JOSE – An officer shot a naked man wielding a steak knife in an apartment Saturday morning. 

The 59-year-old man was taken to the hospital after being shot twice and is expected to survive. 

Police arrived at the scene after receiving a call that a man was yelling from an upstairs apartment. Police say after another resident accompanied the officer upstairs and unlocked the door, the nude man grabbed the knife and began moving toward the officer. 

Police say the officer ordered the man to drop the knife and when he didn’t, the officer fired three times. Two bullets hit the man in the torso. 

Neither the officer nor the man were identified. 

SAN JOSE – Former San Jose Mercury News publisher Jay Harris has been named chairman of the San Jose Symphony’s new executive committee. 

Harris will head a seven-person group that will try to relaunch the insolvent symphony next year.  

A $2.5 million deficit prompted the organization to dissolve its full board and shut down regular business operations in mid-October. 

The group held its first meeting Friday, after which Harris announced there no longer is a target date to restart the symphony. 

OAKLAND – Opponents of an Oakland medical waste incinerator are rejoicing after its new owner said the facility will be shut down. 

The High Street incinerator has been the only one in California that burns large amounts of medical waste. Its shutdown ends a long dispute with critics who say it was spewing toxic substances into the air, a claim the company that ran it denies. 

Now it’s closing, because Integrated Environmental Systems was bought by an Illinois firm. The new owners say they will shutter the plant Sunday and burn the medical waste elsewhere. 

While neighbors cheered the news, incinerator workers were not as happy. Seventy full-time employees were laid off Friday. 

RICHMOND – Residents of a quiet Richmond neighborhood say they don’t want a Starbucks within their borders, and are steeling themselves for a fight against the chain. 

There are no chain stores in the Point Richmond commercial district, and residents say they don’t want the coffee brewer to become the first. 

Starbucks wants to move in, though, and plans to do so in cooperation with a development firm run by former basketball great Magic Johnson. 

The company says having a Starbucks would improve business for everyone in the area. 

Starbucks already has signed a lease for a storefront. The issue will come up at a neighborhood council meeting after Christmas. 

WALNUT CREEK – The Animal Rescue Foundation has lost one $1 million grant and gained another. 

Baseball manager Tony La Russa and his wife Elaine founded ARF 10 years ago to rescue abandoned cats and dogs and find new homes for them. 

The Walnut Creek-based group lost the first grant because its board of directors had not raised as much matching money as a Southern California investment banker had wanted, but told him it had. 

But an anonymous benefactor stepped forward Friday and agreed to provide a $1 million matching grant with fewer strings attached. 

ARF leaders have launched a fund-raising campaign to build a nearly $16.8 million facility near their current campus. There, they hope to provide a spot with spay and neuter programs, dog training classes, emergency veterinary assistance and more room to house homeless animals.

FILLMORE – An Italian dinner house is doing brisk business on the showroom floor at William L. Morris Chevrolet, where car shoppers are tempted with chicken parmigiana as they kick the tires of new cars. 

Squinting in candlelight to examine window sticker prices, guests find gleaming chrome is a dazzling appetizer. 

“What a great idea! This is so cute,” Judy Watkins, 53, an Italian chef who lives in Cathedral City and recently visited Chef Franco’s. 

The idea of a showroom/Italian restaurant combination was hatched by 71-year-old dealership owner Chappy Morris Sr., who now regrets naming it Chef Franco’s. 

“I should have called it The Dealership,” Morris said. 

The chicken parmigiana is $7.95 and nothing on the menu costs more than $15.95 – that’s the fully loaded veal parmigiana. And, of course, there’s bow-tie pasta. 

It’s the ultimate Italo-automotive dining experience. Prospective buyers can open the door of a $25,000 Monte Carlo and be treated to the comingled fragrance of leather and garlic. 

At 5 p.m. daily, the showroom lights are dimmed and piano music kicks through speakers as guests are ushered to tables covered with red-checkered cloths and flickering candles. Chef Franco Onorato also does his thing, chatting up the chardonnay and marinara. 

“In Southern California, it’s a natural. People here love their cars,” Onorato said of the food-and-auto marriage. 

Morris and Onorato believe the showroom/restaurant combo is unique. 

“I don’t know of any other, do you?” Morris said. “People are buying cars while they’re eating.” 

When the downtown dealership was wrecked in the 1994 Northridge earthquake, Morris drew up plans for a grand new facility a block away on Highway 126 and included a full professional kitchen. 

The idea was to serve breakfast and lunch while customers waited for car servicing – Mr. Goodlunch was the working name. 

Enter Onorato. He was left jobless with the closing of Santa Paula’s Glen Tavern Inn and showed up at Morris’ doorstep proposing a nighttime Italian bistro. 

“This guy shows up,” Morris recalled. “He was from Italy and he bought his first car in America from us. He wanted to open a restaurant here and I said I’d hire him. I thought I could turn him into a car salesman.” 

“I said, ‘Now Franco, I don’t have a dining room,”’ Morris said. “We put some tables on the showroom floor. I apologized to people and they said, ‘What for? We like looking at the cars.”’ 

The result was unexpected. People come from as far away as Huntington Beach. 

“The thing that is funny about it is the food is very good,” Morris said.

SAN FRANCISCO – ExciteAtHome made plenty of dumb decisions on its way to the dot-com graveyard, but what ultimately killed the company may have been its greatest accomplishment – the high-speed cable network that provided fast Internet connections to more than 4 million North American customers. 

The service’s explosive growth, marked by a 12-fold increase in subscribers since 1999, proved that providing high-speed Internet connections to people’s homes could be a viable business. 

As the service gained more popularity, the cable giants that helped launch ExciteAtHome in 1996 and continued to sign up most of the subscribers began to see the potential value of running their own independent networks. 

“Cable companies are notoriously conservative, risk-averse companies, so they decided to create this separate company that would take all the risks,” said Mark Kersey, a broadband analyst for ARS Inc., a research firm in La Jolla, Calif. 

“Once they saw that this could really work, they decided that they probably really didn’t need ExciteAtHome any more.” 

The cable companies say ExciteAtHome’s financial collapse gave them little choice but to build their own networks to protect their customers and the franchises they had built during the last five years. 

ExciteAtHome’s three biggest cable partners – AT&T, Cox Communications and Comcast – accounted for 2.2 million of the service’s 4.16 million subscribers as of Sept. 30. Nearly 90 percent, or 3.69 million customers, had cable modems in their homes. ExciteAtHome accounted for about 40 percent of all households and businesses with broadband, “always on” Internet access. 

AT&T already has switched most of its 850,000 AtHome subscribers to its own high-speed cable network. Cox and Comcast plan to switch most of their customers to other networks by Feb. 28, when ExciteAtHome plans to shut down permanently. 

Many ExciteAtHome investors, including both bondholders and shareholders, are convinced that the company’s cable partners conspired to drive the business into bankruptcy so they could get out of restrictive contracts and build their own independent networks more quickly. 

AT&T, which owned 23 percent of ExciteAtHome and controlled its board until October, is central to these conspiracy theories. 

“If ExciteAtHome hadn’t been run by a board that wanted it to go out of business, the company would still be alive today. AT&T completely violated its fiduciary duty,” said Bob Garrity, an ExciteAtHome shareholder and one of the company’s first employees. 

AT&T regards these allegations “absolutely baseless,” said AT&T spokeswoman June Rochford. She declined further comment, citing threatened lawsuits against AT&T by both ExciteAtHome bondholders and shareholders embittered by the billions that they stand to lose in ExciteAtHome’s bankruptcy. 

AT&T’s defenders argue that it also had an incentive to keep ExciteAtHome alive. AT&T invested about $4 billion in ExciteAtHome, including $2.8 billion in stock paid to Cox and Comcast early this year to cement its controlling position. 

That leverage also put AT&T in a position to drive ExciteAtHome out of business if it desired, bondholders and shareholders argue. 

Under this theory, ExciteAtHome’s death spiral accelerated in September 2000 when George Bell announced his decision to step down as chief executive. 

Bell remained as a lame-duck leader until April, when ExciteAtHome hired Patti Hart – an executive AT&T helped recruit. Bell now runs a college savings plan called Upromise, whose partners include AT&T. 

“There was a long stretch where the board was basically running the company,” said Frank Thomas, a Heathrow, Fla. money manager on the executive committee of a shareholder group planning to sue AT&T. 

Even AT&T critics acknowledge ExciteAtHome probably would not have been in such bad shape if not for the $6.7 billion merger that melded the cable network with the Web portal, Excite.com. 

The 1999 marriage, which AT&T fiercely opposed, increased AtHome’s exposure to online advertising – a market that has been slumping badly for more than a year. 

As the Internet economy unraveled, ExciteAtHome’s losses piled up – $8.9 billion since the start of 2000. 

The hemorrhaging made it difficult for ExciteAtHome to raise more cash from anyone other than its cable partners. 

Yet even as ExciteAtHome suffered financially, it added 486,000 new subscribers in the three months leading up to ExciteAtHome’s bankruptcy at the end of September – a 13.2 percent increase that fell slightly below the industrywide average increase of 14.2 percent, according to ARS. 

Meantime, the cable companies kept the bulk of the $40 to $50 monthly subscriptions paid by most AtHome customers. ExciteAtHome – which got just $12 a month per subscriber – was losing as much as $6 million per week under this arrangement. 

The success of the cable network also pressured regional phone companies to ramp up their own high-speed Internet services through digital subscriber lines, or DSLs – which in turn worsened ExciteAtHome’s financial misery. 

To lure customers, the phone companies slashed DSL prices or offered free service for a few months, prompting similar offers from the cable companies. And when the cable companies waived fees, ExciteAtHome didn’t get paid either, exacerbating the company’s financial crisis. 

Meanwhile, technological advances and a glut of cheap parts assured the cable companies that they could build their own networks for much less than the billions ExciteAtHome had spent on its own. 

AT&T declined to divulge how much it spent on its network. The company had hoped to buy the AtHome cable network for $307 million before withdrawing its offer last week. Cox estimates that it will spend $100 million to $150 million on its network. 

If not for AtHome’s inroads, many industry experts believe high-speed access still wouldn’t be possible for the roughly 10 million households and businesses that use cable modems, DSLs and wireless connections to get online. 

“They were the catalyst for broadband in homes,” said Jack Harrington, a former AT&T executive who is now a venture capitalist at Advanced Technology Partners in Palo Alto. “Five years from now, when cable modems are in 20 million homes, people can look back and thank ExciteAtHome.”

LOS ANGELES – Criticism is mounting among school officials over a new test designed to track students who are not fluent in English – one-fifth of the state’s public school population. 

Officials say the California English Language Development Test is poorly designed and too time-consuming to score. 

“It is a well-intentioned test that is just so cumbersome and expensive as to be ridiculous,” said Wayne Johnson, president of the California Teachers Association, who last month wrote a letter to the State Board of Education calling for the program to be revised. 

In addition to its use in tracking students who lack English fluency, the test is administered to new students from homes where the primary language spoken is not English. About 2 million students in the state took the test this year. 

The results will be used in tracking and placing students and determining certain kinds of funding. 

The test’s critics cite problems ranging from awkward instructions and layout to the length of time it takes for the tests to be scored. 

For the oral section of the test, the exam booklet opens with one page facing the student and the other the tester. As the student listens to a recording and answers questions on one side, the tester marks the answers on the adjacent page. 

The unusual design distracts and intimidates students, said people who have administered the tests. 

And although the tests were given between May 14 and Oct. 31, districts have yet to receive any scores back from the state. 

Paul Warren, the state’s deputy superintendent of accountability, said the bulk of the tests reached the state closer to Oct. 31, creating a backlog. 

But even districts that finished their tests early have not received results, making it difficult for them to place students and apply for funds that depend on test results. 

CTB/McGraw-Hill, the publisher of the test, said all the scores will be ready on or before Feb. 28 – more than halfway through the school year – but could not say how much of the work had been completed so far. 

Districts had the option of scoring the tests themselves, but many said they did not have the resources to do so. 

Critics point out that the state spent more than $15 million on the test this year, not including include the estimated $20 to $30 per test spent by the districts. They say schools shouldn’t have to expend even more resources to get timely scores. 

“We rushed and we spent a lot of money,” said Darci Knight, language acquisition coordinator for the Pleasant Valley School District in Camarillo, which administered 600 tests by June. “And, of course, we got no results.” 

One problem with scoring is that, unlike most standardized tests, the test does not come with a separate answer sheet. 

Even the legislator who sponsored the bill requiring the statewide English testing says she’s grown concerned. 

The level of “dissatisfaction with the CELDT is troubling, to say the least,” state Sen. Martha Escutia, D-Whittier, said in an October letter to California Superintendent of Public Instruction Delaine Eastin. “In fact, I am gravely concerned that the problems they raise and the resulting aversion for the test – if not addressed swiftly and fully – will undermine the success” of the exam. 

State education officials say they are studying ways to improve the test, including having the districts produce the official scores so they don’t have to wait for final results from the publisher. 

“We always have bumps and scrapes through the first administration of a test,” Warren said, “and this is one.”

SANTA CRUZ – A homeless encampment known as Camp Paradise, which fought off city officials’ requests to leave over the past year, finally cleared out after a rainstorm caused the San Lorenzo River to spill into their Eden. 

Four inches of rain fell last week, causing the river to rise and sweep Camp Paradise away. But its residents promise to rebuild. 

“We’re going to set up Camp Paradise 2,” said camp founder Larry Templeton, 41. “We don’t know exactly where, but it’s going to be right here in Santa Cruz. It’ll work just like the first one, but we ain’t going to be close to the river this time.” 

The residents of Camp Paradise – whose numbers fluctuated from 20 to 50 adults and children – managed a community kitchen, an office, a koi pond, a bicycle repair shop, a generator for power, a garden and dozens of tents for sleeping. 

But the idea of allowing the homeless to camp in the city’s parks and greenbelt areas doesn’t go over well with everyone. 

Critics say marijuana was freely used and even grown at the camp. And when the floodwaters receded this past week, city crews were forced to cart away tons of sodden debris, amounting to about 80 cubic yards of waste. Santa Cruz officials also provided $6,000 in motel vouchers to camp members after the flood came. 

Homeless advocates say Camp Paradise was a well-managed, clean-and-sober refuge for former addicts. They say campers cleaned accumulated garbage from the riverbank and kept the area tidy. 

In June, city official gave campers a month to move along. But that deadline, and others that followed, passed with no consequences. Police ticketed campers, only to see some citations dismissed in court, and penalties waived on four of the citations that were upheld. 

Some city officials agreed that Camp Paradise received special treatment, but they chalked it up to the fact that the camp was well-managed. 

Council members are now considering changes to Santa Cruz’s homeless services, including setting up a homeless campground in one of the city’s greenbelt areas or on land selected for a new city park. 

Critics warn, however, that previous attempts to create legal camping for the homeless in Santa Cruz, including a tent city and car-camping zones, have failed. 

“The minute you allow people to squat on public land, it’s a free-for-all, it’s a nightmare,” said Deputy Police Chief Jeff Locke.

Silicon Valley pioneer’s organization makes one of biggest donations in history 

SAN JOSE – In one of the largest gifts ever to an environmental group, a foundation set up by Silicon Valley pioneer Gordon Moore has pledged $261 million over 10 years to Conservation International. 

The grants, announced Sunday, will help researchers identify and protect biodiversity hot spots — areas that cover 1.4 percent of the Earth but are home to more than 60 percent of its terrestrial species. 

Moore, who co-founded Intel Corp. in 1968, said his interest in the environment stems from the changes he noticed while returning to favorite vacation spots in Mexico over the years. 

“Places like Cabo San Lucas have become high-rise hotels and golf courses — not at all like it used to be,” he told The Associated Press. “Just seeing how fast the changes were got me interested in the problem.” 

The grants mark the second major gift from the Gordon and Betty Moore Foundation in just over a month. In late October, the foundation announced a 10-year, $600 million donation to the California Institute of Technology. 

The gift to Washington-based Conservation International will help fund a global initiative based on the theory that conservationists can be most effective by targeting imperiled areas of the greatest biodiversity. 

The money will help the group, which was founded in 1987, set up field stations in several at-risk areas, said Peter Seligmann, Conservation International’s chief executive. 

The grants also will help forge alliances with other conservation groups and fund emergency actions. Seligmann hopes to use the money to leverage a total of $6 billion from private and public sources. 

“We have always played a defensive game in conservation,” he said. “We’ve always been in just little battles. Now we think we’ve got enough resources to fight a war.” 

The David and Lucile Packard Foundation also has given sizable gifts to protect the environment. They include a $50 million grant in 2000 to the Peninsula Open Space Trust to protect the San Mateo coast and a total of $180 million to the Monterey Bay Aquarium Research Institute from 1992-1998. The William Penn Foundation gave a $26.6 million grant to the Fairmount Park Commission in Philadelphia in 1996 for restoration of city parks and to expand environmental education and stewardship opportunities, according to the Foundation Center, a New York-based nonprofit. 

Moore, who serves as chairman Conservation International’s board of executives, said he was drawn to the group because of its systematic, scientific approach to conservation. 

“I find this very attractive rather than a completely emotional one,” Moore said. “You want to find out what’s there before you decide where you want to focus your effort.” 

In 1998, he and his wife contributed $35 million to set up Conservation International’s Center for Applied Biodiversity Science in Washington. 

The success of the latest grants will be measured by conservation outcomes, such as the number of extinctions prevented and habitats saved, Seligmann said. 

One of the biggest challenges will be persuading local politicians and business leaders of the importance of saving their ecological treasures and the money they can generate through tourism and research among others. 

“Those revenues continue forever as opposed to the 10 years it takes to log a place entirely,” Seligmann said. 

Moore served as chief executive of Intel from 1979 until 1987 and retired from its board in May. He is best known for “Moore’s Law,” his 1965 prediction on the future performance and pricing of semiconductors. 

He and his wife created the foundation in November 2000, funding it with half their Intel holdings. 

“I’ve got more than I need,” he said. “My family won’t starve to death and the government wants a very good portion if you do it that way.”

When architect Kava Massih took his drawings for a new downtown hotel to the Zoning Adjustments Board a few months ago, the board he encountered was quite different than the board he expected. 

Faces he had never seen before peered back at him from across the divide. Old, familiar faces were missing. 

Massih was surprised when some of the strangers began criticizing the design of his project, though it had already passed through the Design Review Committee with flying colors. 

When the ZAB concluded its review by giving Massih the thumbs-down on his motel, he was more than a little peeved, especially since the massive Library Gardens project received near-universal approbation that same night. 

“This motel is like an idiotic little zit compared to that,” he said at the time. 

Massih’s strange experience was perhaps the result to the little-understood but, in Berkeley, near-universal practice of substitute commissioners. 

If a regular member of the ZAB, or any other city commission, cannot make a regular meeting, he or she may request a “temporary leave of absence,” which may last for only one day. City councilmembers then appoint another citizen to temporarily take the regular commissioner’s spot. 

Massih went back to the drawing board and redesigned the hotel. He brought the project back to the ZAB on a night that two regular members – who, he had reason to suspect, would favor the project – were present. The project passed with little controversy. 

Yesterday, Massih shrugged off the episode, saying that sometimes it just comes down to luck. He said, in his experience, the practice is fairly unique to Berkeley and had its drawbacks. 

“The substitutes usually don’t know as much as the permanent members,” he said.  

“They’re not always the best person you want to comment on your project, because they’re not as informed. They don’t know the code as well. They become much more emotional.” 

However, Massih said, even a substitute is better than an empty chair. 

“You just want everyone there, so you have the best chances of getting the votes you need,” he said. 

Patrick Kennedy, a local developer, explained. 

“Substitutes are better than no-shows, because if you don’t have a quorum on the board, you can’t get anything done,” he said. 

Kennedy added that the quantity of time Berkeley demands of its commissioners probably means that they earn an occasional break. 

“Regular commissioners should be knighted, or something, for the amount of time they give,” he said. 

Carrie Olson, a member of both the Design Review Committee and the Landmarks Preservation Commission, has substituted for others and has had someone sit in for her. Currently, she is taking Gene Poschman’s place on the Planning Commission while he convalesces from a recent hip operation. 

“It serves the public better to have nine votes,” she said. “Developers want there to be enough board members there to vote on their project.” 

Olson said she always has confidence in the people who may take her position for a night. 

“I never discuss ahead of time what they’re going to hear, and they don’t always vote the way I’d vote,” she said. “But it’s important for the applicant that there’s someone there.” 

Olson noted that substitute commissioners must be familiar with the matters they will hear. If one has had a public hearing, the substitute must have atttended it or listened to a recoreded version. 

Like regular commissioners, substitutes must swear their allegiance to Constitutions of the United States and California, and defend them against all enemies. 

Saturday, Dec. 8

31st annual KPFA Community  

Crafts Fair 

10 a.m. - 6 p.m. 

The Concourse 

8th & Brannan streets 

Juried craftsmakers and artists show best work. $7, Benefits KPFA Free Speech Radio: 848-6767x60 www.kpfa.org 

Permaculture Class 

10 a.m. - 1 p.m. 

Ecology Center 

2530 San Pablo Ave. 

Introductory course: fundamentals for creating sustainable human environments. $15 non-members, $10 members. 548-2220 x233 

Telegraph Area Association  

2-4 p.m. 

Blackberry Ginger Cafe 

2520 Durant Ave. 

Open house honors founding members. Refreshments; music by the Rhythm Kitchen band. Free. 649-9500 

Women of Color Resource  

Center Presents Film  

from South Africa 

2:30 p.m. reception 

3:30 p.m. showing 

Health Education Center 

400 Hawthorne St., Oakland 

“Shouting Silent” by Xoliswa Sithole explores the South African HIV/AIDS epidemic as seen through the eyes of the filmmaker, an adult who lost her mother to HIV/AIDS in 1996. Panel discussion. $5 -$10, 848-9272, www.coloredgirls.org. 

Berkeley Farmers’ Market  

Holiday Crafts Fair 

10 a.m. - 4 p.m. 

Martin Luther King, Jr.. Civic Center Park 

Includes organic produce, handcrafted gifts, live choral music, massages, and hot apple cider. 548-3333, www.ecologycenter.org 

Santa's Solstice Bazaar 

11 a.m. - 5 p.m. 

Metaversal Lightcraft 

1708 University Ave. 

Fine arts, crafts, clothing and gift booths. 644-2032, www.lightcraft.org. 

Fourth Annual Wine Tasting 

Noon-3 p.m. 

Rosenblum Cellars 

2900 Main St., Alameda 

Tasting, buffet, live music, wine auction, winery tour. Proceeds benefit Berkeley Youth Alternatives programs. $25-$30. 845-9010. kevin@byaonline.org 

Berkeley Artisans Holiday  

Open Studios 

Self-Guided Tour 

11 a.m. - 5 p.m. 

100 artists and craftspeople open studios to the public. For a map and locations: 845-2612 

www.berkeleyartisans.com. 

So Lovely! So Lively! Solano! 

12 - 6 p.m. 

Solano Ave. 

Berkeley and Albany 

More than 50 street performers -- jazz bands, carolers, talking trees, along Solano Ave. www.solanoave.org 

Magic School Bus Video  

Festival 

10:30 a.m. - 1:30 p.m. 

Lawrence Hall of Science 

Centennial Drive, above UC Berkeley Campus 

Ms. Frizzle takes her skeptical class from outer space to inside a dog’s noise in seven different video adventures. Free popcorn and free magic school bus gift. $3 - $7. 642-5132, www.lawrencehallofscience.org 

Book Release Party 

2 - 4 p.m. 

Berkeley Art Center 

1275 Walnut St. in Live Oak Park 

A celebration of the publication of “The Whole World’s Watching: Peace and Social Justice Movements of the 1960s and 1970s”. 525-9552 www.berkeleyartcenter.org 

Calendar Sale Fundraiser for  

Berkeley High School’s 

Communications and Art School 

11 a.m. - 1 p.m. 

2310 Valley St. 

A variety of calendars to raise funds for video equipment for CAS 843-2780, lorberlin@aol.com. 

Sunday, Dec. 9

GAIA Reborn Holiday Craft &  

Gift Show  

11 a.m. - 6 p.m. 

The Gaia Building Rooftop Panoramic Room 

2116 Allston Way 

Inaugural event for GAIA's future cultural center. 848-4242 

Chanukah Celebration 

2:30 - 5 p.m. 

Berkeley Richmond Jewish Community Center 

1414 Walnut St. 

Music, craft-making, and food. Bring an unwrapped toy or book for donation. 848-0237 x110 

Holiday Choral Concert 

7 p.m. 

Lake Merritt United Methodist Church 

1330 Lakeshore Ave., Oakland 

The Oakland East Bay Gay Men’s Chorus $12 - $15, 239-2239 x2576 www.oebgmc.org 

Colin Hampton Memorial  

Concert 

4 p.m. 

The Crowden School 

1475 Rose St. 

A Chamber Music concert showcasing young string players from the Bay Area. $10, free for cellists and anyone under 18. 559-6910 

Buddy Club Children Show 

1 - 2 p.m. 

The Berkeley JCC Theater 

1414 Walnut St. 

Mr. Horsefeathers, a mime, juggler, and musician, will put on a fast-paced physical comedy with magical effects and impressive juggling. $7, 236-SHOW, www.TheBuddyClub.com 

31st annual KPFA  

Community Crafts Fair 

10 a.m. - 6 p.m. 

The Concourse 

8th & Brannan Streets 

220 juried craftsmakers & artists show their best work in a mellow ambiance offering natural foods from many cultures, world music & dance performances & wise speakers. $7, Benefits KPFA Free Speech Radio. 848.6767 x609 www.kpfa.org 

EdgeWork Books Launch  

Celebration 

3 - 9 p.m. 

Montclair Women's Club 

1650 Mountain Blvd., Oakland 

A new women's press will hold its launch celebration. Meet the authors and hear them read from their newest work. Free. 339-1832, www.edgeworkbooks.com. 

Dunsmuir Historic Estate  

Holiday Season 

11 a.m. - 5 p.m. 

2960 Peralta Oaks Court, Oakland 

Volunteers have transformed the 50-acre estate and the 1899 mansion into a holiday event. 925-275-9595, www.dunsmuir.org. 

Ying Ying Fry, young author  

of Kids Like Me In China 

3 p.m. 

Eastwind Books of Berkeley 

2066 University Ave. 

Meet eight-year-old Ying Ying Fry who wrote Kids Like Me In China, a children's book about her return trip back as an adopted orphan to her hometown in China. 548-2350 

Berkeley Community Chorus  

and Orchestra Concert 

3 p.m. 

First Congregational Church 

Dana, btw. Channing and Durant 

Franz Schubert, Mass in A-flat major, with solo voices; Handel, Messiah Hallelujah Chorus. Free. 964-0665. www.bcco.org. 

So Lovely! So Lively! Solano! 

12 - 6 p.m. 

Solano Ave. 

Berkeley and Albany 

More than 50 street performers -- jazz bands, carolers, talking trees, & toy soldiers during the holiday season along Solano Ave. www.solanoave.org 

"Foundations: A Course in  

Theology"  

First Congregational Church of Berkeley 

2345 Channing Way 

Taught by Jennifer DeWeerth, Assistant Dean and Registrar at Pacific School of Religion. 849-8239, www.psr.edu. 

Buzzy Linhart Butterfly Peace  

Party 

6 p.m. 

The Black Box Gallery 

1928 Telegraph Ave., Oakland 

The Peace Party concept honors the love, healing, learning, action, and intergenerational community that arise through gatherings to promote artistic expression with compassionate intent. 451-1932, blackboxoakland.com. 

Berkeley Artisans Holiday  

Open Studios: A Self-Guided  

Tour 

11 a.m. - 5 p.m. 

Various locations 

100 artists & craftspeople open their studios to the public. For a map and locations, www.berkeleyartisans.com, or 845-2612. 

Baroque Concert 

7 p.m. 

Church of Saint Mary Magdalen 

2005 Berryman 

Local baroque musicians present Baroque Etcetera, a performance that includes Charpentier Noels and Corelli Christmas Concerto. 525-0152  

La Celebracion de la Virgen  

de Guadalupe 

6 - 8 p.m. 

San Franciscan School of Theology 

1712 Euclid Ave. 

Non-eucharistic liturgy followed by a reception with festive food. RSVP Angela Munoz by 12/6: 848-5232 x15, www.gtu.edu. 

Monday, Dec. 10

Strains, Sprains, and Joint Injuries 

10:30 a.m. 

North Berkeley Senior Center 

1901 Hearst Ave.  

Discussion with Dr. Loron McGillis. 644-6343 

Tuesday, Dec. 11

The search for a Nonviolent Future 

3:30 - 5 p.m. 

Graduate Theological University 

2400 Ridge Rd. 

Hewlett Library, Dinner Board Rm. 

Discussion with Micheael Nagler, author of “Is There No Other Way.” Free. 649-2560 .  

The Bombings in Indonesia, 1998-2001 

3:30 p.m. 

UC Berkeley 

220 Stephens Hall, Geballe Room 

Exclusive of Aceh, Malukus, and West Papua. With Father Sandyawan Sumardi. Free. 642-3609. 

The Spirit of Christmas Class 

7 - 9 p.m. 

1250 Addison  

Studio 103 

Explore the metaphysics of the Christmas Story. 540-8844, patricia@newthoughtunity.org. 

Feldenkrais Chair Class for Seniors 

1 p.m. 

North Berkeley Senior Center 

1901 Hearst Ave. 

Gentle movement class for older adults. Free. ellmor1@home.com 

Heading Off The Holiday Blues 

1:15 p.m. 

North Berkeley Senior Center 

1901 Hearst Ave.  

Discussion with Elizabeth Forrest. 644-6343 

Feldenkrais Floor Class for Seniors 

2 p.m. 

North Berkeley Senior Center 

1901 Hearst Ave. 

Gentle movement class for older adults. Free. ellmor1@home.com. 

Holiday Mixer 

5:30 - 7 p.m. 

Filippo’s Pasteria 

1499 Solano Ave. 

The Solano Avenue Association invites you.  

Wednesday, Dec. 12

Hawaiian Festival 

1:15 p.m. 

North Berkeley Senior Center 

1901 Hearst Ave.  

Dancers, music and refreshments. 644-6343 

Lecture Series on Women Medieval Mystics 

7:30 - 9 p.m. 

All Souls Parish 

2220 Cedar St. 

Three Women Mystics: An Advent Lecture Series. Exploration of their spiritual quests designed to offer a new sense of spiritual possibilities in modern times. Free. Supervised childcare will be provided. 848-1755. 

Near Death Experience Support Group 

7 - 9 p.m. 

Berkeley Fellowship of Unitarian Universalists Church 

1606 Bonita Ave. 

International Association of Near-Death Studies offers an open, sharing, and supportive environment for the exploration of Near Death Experiences. 

Thursday, Dec. 13

Berkeley High School Band and Orchestra’s 

Winter Concert 

7:30 p.m. 

Berkeley Community Theater 

Allston and MLK Jr. Way 

$4 gen., $1 students. 528-2098. 

Discussion on Mumia Abu Jamal 

7:30 p.m. 

La Pena Cultural Center 

3105 Shattuck Ave. 

Bob Mandel and Sara Fuchs discuss the implications of Sept. 11 on the Mumia Abu Jamal case. $3. 653-7882 

The Challenges of Indonesia 

2 - 3 p.m. 

2223 Fulton Ave. 

6th Floor Conference Room 

Journalist, poet and former Editor of Tempo Magazine, Goenawan Mohamad. 642-3609. 

Snowcamping Class 

7 p.m. 

Recreational Equipment, Inc. 

1338 San Pablo Ave. 

Chuck Collingwood and Martin Thomas present a slide lecture on the essentials for surviving overnight in the snow and discuss the basics for safe and enjoyable ski or snowshoe travel. 527-4140 

Simplicity Forum 

7 - 8:30 p.m. 

Claremont Branch Library 

2940 Benvenue Ave. 

Monthly meeting that features people telling stories about the ways they have changed their lives by finding ways to work less, consume less, 

rush less, and have more time to build community with friends and family, as well as live more lightly upon the planet. 549-3509, www.seedsofsimplicity.org. 

Gaia Building Open House Benefit 

4 - 8 p.m. 

The Gaia Building, 7th Floor 

2116 Allston Way 

The Gaia Building, an innovative residential housing project, celebrates its opening with an open house to benefit the Berkeley Emergency Food and Housing Project. $10, sliding scale. 883-1000, panoramicinterests.com. 

Community Health Commission 

6:45 - 9:30 p.m. 

South Berkeley Senior Center 

2939 Ellis St. 

New Business Action: Increased funding for Public Health Infrastructure. 644-6109, phd@ci.berkeley.ca.us. 

Friday, Dec. 14

Dunsmuir Historic Estate Holiday Season 

11 a.m. - 5 p.m. 

2960 Peralta Oaks Court, Oakland 

Volunteers have transformed the 50-acre estate and the 1899 mansion into a holiday event. 925-275-9595, www.dunsmuir.org. 

Partial-Solar Eclipse Viewing 

11 a.m. - 2 p.m. 

Lawrence Hall of Science 

Centennial Dr., just above UC Berkeley Campus 

Telescopes and specially designed sun-spotters will be set up for safe viewing of the partial eclipse. $3 - $7. 642-5132, www.lawrencehallofscience.org 

An International Christmas 

8 p.m. 

Greek Orthodox Cathedral of the Ascension 

4700 Lincoln Ave., Oakland 

A concert featuring children’s voices, hand bells, carols, hymns, Messiah excepts, and children’s book-singing. Free. 531-3400 

Saturday, Dec. 15

Calendar Sale Fundraiser for  

Berkeley High School’s 

Communications and Art School 

9 - 11 a.m. 

2310 Valley St. 

A huge variety of calendars to raise funds for video equipment for CAS. 843-2780, lorberlin@aol.com. 

Dunsmuir Historic Estate Holiday Season 

11 a.m. - 5 p.m. 

2960 Peralta Oaks Court, Oakland 

Volunteers have transformed the 50-acre estate and the 1899 mansion into a holiday event. 925-275-9595, www.dunsmuir.org. 

Berkeley Farmers’ Market Holiday Crafts Fair 

10 a.m. - 4 p.m. 

Martin Luther King, JR. Civic Center Park 

Fair will include organic produce, handcrafted gifts, live choral music, massages, and hot apple cider. 548-3333, www.ecologycenter.org 

Santa's Solstice Bazaar 

11 a.m. - 5 p.m. 

Metaversal Lightcraft 

1708 University Ave. 

Come shop while kids visit with Santa for free. Fine arts, crafts, 

clothing and gift booths in a magical and colorful scene. 644-2032, www.lightcraft.org. 

So Lovely! So Lively! Solano! 

12 - 6 p.m. 

Solano Ave. 

Berkeley and Albany 

More than 50 street performers -- jazz bands, carolers, talking trees, & toy soldiers during the holiday season along Solano Ave. www.solanoave.org 

Berkeley Artisans Holiday Open Studios 

A Self-Guided Tour 

11 a.m. - 5 p.m. 

Various locations 

100 artists & craftspeople open their studios to the public. For a map and locations, www.berkeleyartisans.com, or 845-2612. 

Concert for the September 11th Fund 

7:30 p.m. 

Congregation Beth El 

2301 Vine St. 

An evening of music, joy and community spirit. Adama band, with Achi Ben Shalom. All proceeds support the victims of the September 11th attacks. $18. 848-3988. 

Sunday, Dec. 16

Community Chanukah of Reconciliation  

5 - 6:30 p.m. 

2215 Prince St. 

Bring your menorah--Everyone welcome. 486-2744, bayareawomeninblack@earthlink.net. 

Dunsmuir Historic Estate Holiday Season 

11 a.m. - 5 p.m. 

2960 Peralta Oaks Court, Oakland 

Volunteers have transformed the 50-acre estate and the 1899 mansion into a holiday event. 925-275-9595, www.dunsmuir.org. 

So Lovely! So Lively! Solano! 

12 - 6 p.m. 

Solano Ave. 

Berkeley and Albany 

More than 50 street performers -- jazz bands, carolers, talking trees, & toy soldiers during the holiday season along Solano Ave. www.solanoave.org 

"Foundations: A Course in Theology"  

First Congregational Church of Berkeley 

2345 Channing Way 

Taught by Jennifer DeWeerth, Assistant Dean and Registrar at Pacific School of Religion. 849-8239, www.psr.edu. 

Berkeley Artisans Holiday Open Studios 

A Self-Guided Tour 

11 a.m. - 5 p.m. 

Various locations 

100 artists & craftspeople open their studios to the public. For a map and locations, www.berkeleyartisans.com, or 845-2612. 

Monday, Dec. 17

PG&E Care Program 

1:15 p.m. 

North Berkeley Senior Center 

1901 Hearst Ave.  

Applications and answers provided. 644-6343 

Segmented Stereotypes: Race, Gender  

and Public Opposition to Welfare 

noon 

UC Berkeley 

119 Moses (Harris Room) 

Race, Immigration and American Politics Speaker Series - Martin Gilens. Brown bag. Free. 642-4608, www.igs.berkeley.edu 

Tuesday, Dec. 18

The Spirit of Christmas Class 

7 - 9 p.m. 

1250 Addison  

Studio 103 

Explore the metaphysics of the Christmas Story. 540-8844, patricia@newthoughtunity.org. 

Feldenkrais Chair Class for Seniors 

1 p.m. 

North Berkeley Senior Center 

1901 Hearst Ave. 

Gentle movement class for older adults. Free. ellmor1@home.com. 

Feldenkrais Floor Class for Seniors 

2 p.m. 

North Berkeley Senior Center 

1901 Hearst Ave. 

Gentle movement class for older adults. Free. ellmor1@home.com. 

Wednesday, Dec. 19

Feldenkrais Classes for Seniors 

10:30 and 11:45 a.m. 

Jewish Community Center 

1414 Walnut 

Gentle movement class for older adults. Free. ellmor1@home.com 

Lecture Series on Women Medieval Mystics 

7:30 - 9 p.m. 

All Souls Parish 

2220 Cedar St. 

Three Women Mystics: An Advent Lecture Series. Exploration of their spiritual quests designed to offer a new sense of spiritual possibilities in modern times. Free. Supervised childcare will be provided. 848-1755. 

Saturday, Dec. 22

Santa's Solstice Bazaar 

11 a.m. - 5 p.m. 

Metaversal Lightcraft 

1708 University Ave. 

Come shop while kids visit with Santa for free. Fine arts, crafts, 

clothing and gift booths in a magical and colorful scene. 644-2032, www.lightcraft.org. 

So Lovely! So Lively! Solano! 

12 - 6 p.m. 

Solano Ave. 

Berkeley and Albany 

More than 50 street performers -- jazz bands, carolers, talking trees, & toy soldiers during the holiday season along Solano Ave. www.solanoave.org 

Berkeley Farmers’ Market Holiday Crafts Fair 

10 a.m. - 4 p.m. 

Martin Luther King, JR. Civic Center Park 

Fair will include organic produce, handcrafted gifts, live choral music, massages, and hot apple cider. 548-3333, www.ecologycenter.org 

Magic School Bus Video Festival 

10:30 a.m. - 1:30 p.m. 

Lawrence Hall of Science 

Centennial Drive, above UC Berkeley Campus 

Ms. Frizzle takes her skeptical class from outer space to inside a dog’s noise in seven different video adventures. Free popcorn and free magic school bus gift. $3 - $7. 642-5132, www.lawrencehallofscience.org 

Sunday, Dec. 23

A Service of Lessons and Carols 

4 p.m. 

St. Augustine Church 

400 Alcatraz 

The St. Augustine Choir fill an afternoon with carols. 653-8631. 

So Lovely! So Lively! Solano! 

12 - 6 p.m. 

Solano Ave. 

Berkeley and Albany 

More than 50 street performers -- jazz bands, carolers, talking trees, & toy soldiers during the holiday season along Solano Ave. www.solanoave.org 

Monday, Dec. 24

Midnight Mass 

11:45 p.m. 

St. Augustine Church 

400 Alcatraz 

Prelude music begins at 11:15 p.m., mass begins at 11:30 p.m. 653-8631 

Tuesday, Dec. 25

Guided Tours of Jewish Art and History 

12 - 4 p.m. 

Judah L. Magnes Museum 

2911 Russell St. 

The tours will present over 250 objects from the Museum’s permanent collections on display in the major exhibition “Telling Time: To Everything There is a Season.” 549-6950 www.magnesmuseum.org 

Puppets and Puppet Making 

1 p.m. and 3 p.m. 

Berkeley Richmond Jewish Community Center 

141 Walnut St. 

Jennifer Levine presents “Princess Moxie Rules!” a 30 minute puppet show followed by a puppet-making project.  

Wednesday, Dec. 26

Professor Smart’s Fun with Physics Show 

1 p.m. 

Lawrence Hall of Science 

Centennial Drive, above UC Berkeley Campus 

Professor Smart shrinks his head, has toilet paper flying, juggles and has the audience’s hair standing on end all the while demonstrating the principles of physics. $3 - $7. 642-5132, www.lawrencehallofscience.org 

Thursday, Dec. 27

Slapstick with Derique 

1 p.m. 

Lawrence Hall of Science 

Centennial Drive, above UC Berkeley Campus 

Ham Bone body drumming, physical comedy, and circus arts are sure to stimulate your “funny bone” as New Vaudeville artist Derique lets you into his hip style of circus arts. $3 - $7. 642-5132, www.lawrencehallofscience.org 

Friday, Dec. 28

World Rhythms 

1 p.m. 

Lawrence Hall of Science 

Centennial Drive, above UC Berkeley Campus 

Japanese taiko, African marimba and djembe, Middle Eastern dumbek, Afro-Cuban chekere, and conga drums celebrate musical traditions from around the world. $3 - $7. 642-5132, www.lawrencehallofscience.org 

Saturday, Dec. 29

Magic Show 

1 p.m. 

Lawrence Hall of Science 

Centennial Drive, above UC Berkeley Campus 

Jay Alexander performs his magical mixture of comedy and illusion with special effects that will entertain visitors of all ages. $3 - $7. 642-5132, www.lawrencehallofscience.org 

Sunday, Dec. 30

Music and Storytelling 

1 p.m. 

Lawrence Hall of Science 

Centennial Drive, above UC Berkeley Campus 

Familiar nursery rhymes and fairy tales come to life in musical stories by children’s performer Dennis Hysom. $3 - $7. 642-5132, www.lawrencehallofscience.org 

Monday, Dec. 31

New Year’s Eve Party 

1 p.m. 

Lawrence Hall of Science 

A daytime holiday party for kids featuring lots of hands-on activities. $3 - $7. 642-5132, www.lawrencehallofscience.org 

ONGOING EVENTS

Sundays 

West Berkeley Market 

11 a.m. - 5 p.m. 

University Ave., between 3rd and 4th Streets  

Family-oriented weekly market. Crafts, music, produce, and specialty foods. 

654-6346  

Mondays 

Tuesdays 

Easy Tilden Trails (?) 

9:30 a.m. 

Tilden Regional Park, in the parking lot that dead ends at the Little Farm 

Join a few seniors, the Tuesday Tilden Walkers, for a stroll around Jewel Lake and the Little Farm Area. Enjoy the beauty of the wildflowers, turtles, and warblers, and waterfowl. 

215-7672; members.home.co 

m/teachme99/tilden/index.html 

Berkeley Farmers’ Market 

2-7 p.m. 

Derby Street between Martin Luther King Jr. Way and Milvia Street 

548-3333 

Berkeley Camera Club 

7:30 p.m. 

Northbrae Community Church, 941 The Alameda 

Share your slides and prints with other photographers. Critiques by qualified judges. Monthly field trips. 

531-8664 

Wednesdays  

Toddler Storytime 

7 p.m. 

West Berkeley Library 

1125 University Ave 

For families with children three years or younger, a program to expose the youngest readers to multicultural stories, songs and finger plays. 

Every Wednesday through Nov 28 

Thursdays 

Free Anonymous HIV Testing (?) (?) 

5:15 - 7:15 p.m. 

Check in 5 - 7 p.m. 

University Health Services 

Tang Center  

2222 Bancroft Way 

Drop-in services and limited space is available.  

Call 642-7202  

Fridays 

Saturdays 

Berkeley Farmers’ Market 

10 a.m. - 3 p.m. 

Center Street between Martin Luther King Jr. Way and Milvia Street 

548-3333 

Poets Juan Sequeira and Wanna Thibideux Wright 

Free Sailboat Rides  

1 - 4 p.m. 

Cal Sailing Club 

Berkeley Marina 

The Cal Sailing Club, a nonprofit sailing and windsurfing cooperative, give free rides on a first come, first served basis on the first full weekend of each month. Wear warm clothes and bring a change of clothes in case you get wet. Children must be at least five years old and must be accompanies by an adult.  

Visit www.cal-sailing.org August 4 & 5, September 1 & 2, October 6 & 7, November 3 & 4, and December 1&2 

The house in the 1992 photograph was built around 1876 for Joseph Clapp, a farmer who arrived in Berkeley in the mid-1870s from Norwood, Mass.  

According to the 1878 Thompson and West Historic Atlas, Clapp and his wife, Mary, owned about 15 acres bordered by what is now Berkeley Way and Delaware Street, Shattuck Avenue and Milvia Street. When the Berkeley branch line of the Southern Pacific Railroad was extended to Vine Street in 1878, Joseph Clapp was among the many farmers who subdivided their land into building lots.  

In 1880 Clapp opened a real estate office on the corner of Milvia Street and Hearst Avenue. 

The Joseph Clapp Cottage is popularly known as Morning Glory House because it was once covered with morning glory vines. It is one of the few surviving Gothic Revival Victorians in Berkeley and is clad in vertical board-and-batten siding and features steeply-pitched intersecting gabled roofs. Its style is similar to those popularized by the book “The Architecture of Country Houses” by Andrew Jackson Downing in 1850. It was designated a City of Berkeley Landmark in 1977. 

The Sanborn Map of 1894 shows the footprints of buildings that were standing at that time in Joseph Clapp’s subdivision, and today 11 houses are still standing there.  

While the Clapp cottage remains the only house on its block, there is a row of eight, pre-1894 houses on the north side of the 2000 block of Hearst Avenue in close-to-original condition. Behind 2034 Hearst there is the recently discovered base of a windmill tower, bringing the number of known windmill structure remnants in Berkeley to five.  

Susan Cerny is author of “Berkeley Landmarks” and writes Berkeley Observed in conjunction with the Berkeley Architectural Heritage Association. 

The Daily Planet received a copy of these comments read to the Board of Education at a recent meeting: 

Good evening, My name is Yolanda Huang and I am the chair of the statutory committee formed by Measure BB to provide citizen oversight and planning, aptly named the Citizens Advisory Committee.  

I am here to tonight, because I am confused, and I hope that the board will educate me.  

Two years ago, with funding from BSEP, this board hired ABM Consultants to review the district’s maintenance department and provide recommendations. Those recommendations were formulated into a business plan, which this board declined to follow. We were told, the new Superintendent has a better plan. 

And so I’m confused because at the Dec. 5 board meeting, this board approved hiring ABM to manage the maintenance department and provide consultant upon request.  

I like ABM. ABM is one of the best firms in the area. Their review was thorough. I liked their recommendations and thought them sound. But, you didn’t like their recommendations. I’m confused as to why you are hiring them to run the maintenance department, at a hefty fee of $10,000 per month.  

I’m also confused as to this better plan being implemented. When we proposed the business plan adopted by this board in May and later rejected, we used solid, qualified consultants (primarily ABM), and industry standards. In this better plan, I don’t know what the standards are being applied. I’ve been told that Paramount Unified, our new Superintendent’s former school district has great maintenance, and I’ve requested three times in the past – and this is the fourth time I’m requesting information on Paramount’s staffing levels, square footage, organizational chart. It’s wonderful that Paramount had clean schools, mowed lawns and clipped hedges. But so does Oakland. Why aren’t we adopting Oakland’s system? What are the standards by which decisions are being based? Please enlighten me. I’m not an expert on maintenance. I’m just a householder. I know that I maintain a household with a mowed lawn, trimmed bushes, and a well maintained building. My bathroom does not smell. My kitchen is tidy. As a householder, I know that it is worker bees that do the maintaining.  

This last week, the drain in the boys bathroom at Willard, had been plugged and the bathroom could not be properly cleaned. The wretched smell of the bathroom was seeping into the hallway, and disturbing the students in the classroom next door. So, Willard, hired a non-district worker bee, a plumber, who unstopped the drain and the bathroom was finally cleaned.  

One week last month, I walked into the principal’s office at Willard. Curiously, one wall was painted yellow. 

The next week, I walked in again, and a second wall had been painted yellow. I was told, this is a work in progress. Apparently, Willard’s principal, a single mother, with a third grader at Emerson, had been using what little spare time she had, to come in on weekends to paint her walls.  

With these torrential rains, the old leak in the principal’s office also came back. And to preserve the décor of her room, the principal at Willard has brought in plants instead of buckets, and rotates them, so that all plants can all be equally watered.  

I’m sure I speak for many people, who would be happy to retire from maintenance if only Berkeley Unified had some more worker bees. Could you please tell us, when we will get worker bees?  

Yolanda Huang,  

Chair Maintenance Oversight & Planning Committee

The town of Berkeley’s got quite a rep. In “The Whole World’s Watching: Peace and Social Justice Movements of the 1960s and 1970s,” produced by the Berkeley Arts Center, a brilliant and brilliantly disturbing collection of photographs and essays by mostly local writers and photographers document the many movements for social justice that coalesced and grew strong in Berkeley and elsewhere in California.  

The list of organizations that arose here during the unique social unrest, energy, and excitement of the 1960s and 1970s reads like a Who’s Who for the New Left. The amazing synergy of time and place proved fertile for the Free Speech Movement, the Black Panther Party, the struggle for Native American Rights, Civil Rights, Gay Rights, Homeless Rights, Farm Worker Rights, Disability Rights, the Women’s Movement, the Environmental movement, Vietnam War protests and many more movements devoted to social justice. 

“The Whole World’s Watching” is an important book. Without it, one might not realize how much our individual expectations and cultural values have changed as a result of the events and participants in the struggles during those two decades. For example, prior to 1970, women’s issues were routinely trivialized or ignored by the press and by radio stations, such as KPFA. One might not even believe that before this time, racist slurs (such as “the communistic little kike”) were routinely delivered in speeches on the floor of the House of Representatives. (That particular slur was delivered during the Holocaust, in 1944, courtesy of Rep. John Rankin of Mississippi.) 

Probing and informative essays illuminate exactly how various institutional practices have been changed. Ruth Rosen’s “The Feminist Revolution in the Bay Area,” for example, points out how activists altered legally and socially accepted practices, such as employers routinely paying women less than men for the same work, banks routinely denying women loans, etc. Before 1970 it was widely accepted that no woman was considered competent to anchor the news, work in the police force, sit on the Supreme Court, etc. Each of these essays showcases how a movement subtly or violently took action to promote the ideals of mutual co-existence and increased tolerance and support for those who had been previously victimized. 

The photojournalism in this book is just as informative and moving as are the essays. Helen Nestor shows the power of the UC Berkeley institution in her off-center, wide-angle view of Sproul Hall. Included in this book are arresting glimpses of angst and passion and rage and joy such as Stephen Shames photo of a protestor throwing tear gas back at police, and Jeffrey Blankfort’s "We Want Justice." Michelle Vignes’ "At the Induction Center" is like a shaken fist. Equally moving are Cathy Cade’s "TWA Stewardesses on Strike" (cable car drivers, who were in the same union, joined them on the picket line), and her "Bunnies in front of the Playboy Club in San Francisco." Richard Misrach’s "3 Girls and "Nacio Jan Brown’s "High school Students" left me breathless.  

The fifty richly evocative duotone photos in The Whole World’s Watching are incredibly powerful, rich, and sensually luscious. 

One gets a feel for the feverish intellectual and spiritual questing of the cultural revolutionaries whose efforts led to the America we know today. The emotional intensity of the various opposing forces is, for example, illuminated clearly in a poster which showcases the words of William Mandell, said when addressing the House Un-American Activities Committee in San Francisco in 1960: "If you think for one minute I am going to cooperate with this collection of Judases, of men who sit here in violation of the Constitution, if you think I will cooperate with you in any way, you are insane."  

While The Whole World’s Watching documents demonstrations from decades back, the passions brought forth in this period are timeless. Working toward manifesting the utopian ideals of social justice and mutual respect is incredibly difficult…. and not just in Berkeley.  

924 Gilman Dec. 8: Scurvy Dogs, Nigel Peppercock, Shut The Fuck Up, Offering To The Sun, Voetsek; Dec. 9: Poison The Well, Unearth, Sworn Enemy, Spark Lights The Friction; Dec. 14: Hot Water Music, American Steel, F-Minus, Trial By Fire; Dec. 15: Strung Out, Limp, The Frisk, The Deadlines, The Creeps; Dec. 16: 5 p.m., Good Riddance, Missing 23rd, Downway, Audio Crush; Dec. 21: Kepi, Bonfire Madigan, Kevin Seconds; Dec. 22: The Lab Rats, Onetime Angels, A great Divide, Last Great Liar, Gabriel’s Ratchet; Dec. 23: 5 p.m., Over My Dead Body, Panic, Breaker Breaker, Some Still Believe; All shows start a 8 p.m. unless noted; Most are $5; 924 Gilman St. 525-9926 

The Albatross Pub Dec. 11: Mad & Eddic Duran Jazz Duo; Dec. 13: Keni “El Lebrijano”; Dec. 15: Larry Stefl Jazz Quartet; Dec. 18: Panacea; Dec. 19: Whiskey Brothers; Dec. 20: Keni “El Lebrijano”; Dec. 27: Keni “El Lebrijano”; All shows start at 9 p.m., 1822 San Pablo Ave. 843-2473  

ACME Observatory Contemporary Performance Series Dec. 9: 8 p.m., The Toids; $0 - $20, TUVA Space, 3192 Adeline. 649-8744, http://sfsound.org /acme.html. 

Anna’s Dec. 8: Jazz Singer Robin Gregory, Bill Bell at the piano; 10 p.m., The Distones Jazz Sextet; Dec. 9: Choro Time; Dec. 10: Renegade Sidemen w/ Calvin Keyes; Dec. 11: Singers’ Open Mike #2; Dec. 12: Bob Schoen Jazz Quartet; Dec. 13: Rev. Rabia, The Blueswoman; Dec. 14: Anna and Mark Little on piano; 10 p.m., Bluesman Hideo Date; Dec. 15: Jazz Singers Vicki Burns and Felice York; 10 p.m., The Distones Jazz Sextet; Dec. 16: The Jazz Fourtet; Dec. 17: Renegade Sidemen w/ Calvin Keyes; Dec. 18: Tangria Jazz Trio; Dec. 19: Bob Schoen Jazz Quartet; Dec. 20: Jazz Singers’ Collective; Dec. 21: Anna and Percy Scott on piano; 10 p.m., Bluesman Hideo Date; Dec. 22: Jazz Singer Robin Gregory; 10 p.m., The Distones Jazz Sextet; Dec. 23: Jazz Singer Ed Reed; All music starts 8 p.m. unless noted. 1801 University Ave., 849-2662. 

Cal Performances Dec. 19: Berkeley Symphony, $21 - $45; Zellerbach Hall, UC Berkeley Campus, Bancroft Way at Telegraph, 642-0212 tickets@calperfs.berkeley.edu 

Eli’s Mile High Club Every Friday, 10 p.m. Funky Fridays Conscious Dance Party with KPFA DJs Splif Skankin and Funky Man. $10; Dec. 16: 3-8 p.m., Beverly Stovall Benefit, Jimmy McCracklin, JJ Malone, Jimi Mamou, Johnny Talbott. $10. 3629 Martin Luther King Jr. Way, Oakland. 655-6661 

Freight & Salvage Coffee House Dec 8: Rebecca Riots; Dec. 9: Patrick Landeza; Dec. 10: John Wesley Harding, David Lewis & Sheila Nichols; Dec. 12: Stacey Earle & Mark Stuart; Dec. 13: Kevin Burke; Dec. 14: Dale Miller; Dec. 15: Robin Flower & Libby McLaren; Jan. 6: Allette Brooks. All shows begin 8 p.m., 1111 Addison St. Call 548-1761 for prices or see www.freightandsalvage.org.  

Jazzschool/La Note Dec. 9: 4:30 p.m., Rhiannon with Bowl Full of Sound, $6 - $12, reservations recommended. 2377 Shattuck Ave. 845-5373 www.jazzschool.com 

Julia Morgan Theatre Dec. 23: 7:30 p.m., an evening of Irish music and dance with Todd Denman and friends. $10, $5 children; Dec. 31: 8 p.m., New Year’s Eve Gala Concert, Program of classical favorites of the San Francisco Chamber Orchestra; Jan. 12: 8:p.m., “Club Dance,” Teens come together to express their individual personalities and gifts as dancers. $10, Students and Seniors $6, Children ages 5 and under $6. Julia Morgan Theatre, 2640 College Ave., 845-8542, www.juliamorgan.org. 

Jupiter Dec. 8: Harvey Wainapel Quartet; Dec. 12: Mushroom; Dec. 13: Joshi Marshal Project; Dec. 14: Broun Fellini’s; Dec. 15: Norah Jones and Jim Campilongo; Dec. 19: Spectraphonic; Dec. 20: Joshi Marshal Project; Dec. 21: Crater; Dec. 22: Post Junk Trio; Dec. 27: Joshi Marshal Project; Dec. 29: Berkeley Jazz School Presents: Kirk Tamura Trio; All shows are free and begin at 8 p.m. unless noted. 2181 Shattuck Ave., 843-7625, www.jupiterbeer.com. 

La Peña Dec. 8: 9:30 p.m., Dr. Loco’s Rocking Jalapeño Band, $10; Dec. 9: 3:30 p.m, Café Domingo de Rumba, Free; Dec. 9: 7:30 p.m., Trio Altamira Reunion Concert, $12-$14; Dec. 14: 8 p.m., Holly Near, $15-$17; Dec. 16: 5 p.m, Flamenca Community Juerga, Free; Dec. 16: 7 p.m, Modupue & UpSurge, $8; Dec. 23: 3:30 p.m, Café Domingo de Rumba, Free; La Peña, 3105 Shattuck Ave. 849-2568, www.lapena.org 

“Music on Telegraph” Dec. 8: Jonah Minton Quartet, Julie’s Healthy Cafe, 2562 Bancroft; Dec. 9: Hebro, Blakes, 2367 Telegraph Ave.; Dec. 15: Thelonious On The Move, Bison Brewing, 2598 Telegraph Ave.; Dec. 16: Howard Kadis, Musical Offering Cafe, 2430 Bancroft; Dec. 22: Kaz Sasaki Duo, Blackberry Ginger, 2520 Durant; Dec. 23: Almadecor, Ann’s Kitchen, 2498 Telegraph Ave.; All shows 2 - 4 p.m., Free. 

Rose Street House Dec. 14 & 15: 7:30 p.m., Benefit Concert and Birthday Party, Shelly Doty and grassroots community of women singers and song writers; Dec. 25: 3 p.m., Annual “Dykelah Escape-from-you-know-what-day Musical Extravaganza!”; Jan.17: 7:30 p.m., Allette Brooks. 1839 Rose St. 594-4000 x687, rosestreetmusic@yahoo.com. 

First Congregational Church of Berkeley Dec. 15: 2 p.m., “All-Brahms piano recital,” Yu-Ting Chen performs. Free; Jan. 6: 3 p.m., Stephen Genz in his West Coast debut; 2345 Channing Way, 527-8175, www.geocities.com/ mostlybrahms.  

“The Christmas Revels” Dec. 8: 1 & 5 p.m., Dec. 9: 1 & 5 p.m., Dec. 14: 8 p.m., Dec. 15: 1 & 5 p.m., Dec. 16: 1 & 5 p.m., celtic music, dance and storry telling. $15-$30. Scottish Rite Theater, 1547 Lakeside Dr., Oakland 893-9853 www.calrevels.org.  

“Guitar, Woodwinds, Drums” Dec. 8: 8 p.m., The Bill Horvitz Band, Ben Goldberg’s What Music. Tuva Space, 3192 Adeline St. 

“WAVE,” Women’s Antique Vocal Ensemble, Dec.14: 7:30 p.m., concert of Christmas music. $10, Students $5. Calvary Presbyterian Church, 1940 Virginia St., 848-9132. 

Theater 

“A Midsummer Night’s Dream” Dec. 14: 7:30 p.m.; Dec. 15: 7:30 p.m.; California Shakespeare Festival Student Company, presents a comedy with romance. Free. Rehearsal Hall, 701 Heintz St. 548-3422 X114. sunny@calshakes.org. 

“Seventy Scenes of Halloween” Dec. 7: 8 p.m.; Dec. 8: 8 p.m., 10:30 p.m.; Dec. 9: 7 p.m.; BareStage Productions, UC Berkeley’s original student theater company, presents a macbre farce written by Jeffrey M. Jones and directed by Desdemona Chiang. $8. UC Berkeley, Choral Rehearsal Hall. 682-3880, barestage@ucchoral.berkeley.edu. 

“The Last Smoker in Berkeley” Dec. 7 through Dec. 9: 8 p.m.; A comic tale of an addict making her last stand against nicotine and her neighbors. Written and performed by Sara DeWitt. $10. Speakeasy Teatre, 2016 7th St. 

Berkeley City Ballet Presents 28th Annual “Nutcracker” Dec. 8 & Dec. 9: 2 p.m.; A full-length production of the holiday classic with a cast of over 50 dancers. $18; $14 children under 12. Berkeley Community Theater, 1930 Allston Way, 841-8921, www.ticketweb.com.  

“Brave Brood” Through Dec. 16: Robert O’Hara directs Robert O’Hara’s searing tale of money, desperation, and the fight for survival. $20. Transparent Theater, 1901 Ashby Ave. 883-0305 www.transparenttheater.org 

“Black Nativity” Dec. 7 through Dec. 16th: Fri. 8 p.m., Sat. 2:30 p.m., 8 p.m., Sun. 5:30 p.m.; The birth of Jesus unfolds in this drama written by Langston Hughes. Directed and produced by Betty Gadling. $15 adults, $8 seniors and students, $5 children over 5. Allen Temple Baptist Church, 8501 International Blvd., Oakland 569-9418 www.allen-temple.org 

“The Christmas Revels” Dec. 7 through Dec. 16: Fri. 8 p.m., Sat. - Sun. 1 p.m., 5 p.m. ; A cast of adults and children present a celebration of the winter solstice that combines dance, drama, ritual, and song. $15 - $30. Scottish Rite Theater, 1547 Lakeside Dr., Oakland 510-893-9853 www.calrevels.org  

“Much Ado About Nothing” Through Jan. 8: Check theater for specific dates and times. Shakespeare’s classic romantic comedy chronicles a handful of soldiers returning from a winning battle to be greeted by a gaggle of giddy maidens. Directed by Brian Kulick. $10 - $54. Berkeley Repertory Theatre, 2025 Addison St. 647-2949 www.berkeleyrep.org 

“Murder Dressed in Satin” by Victor Lawhorn, ongoing. A mystery-comedy dinner show at The Madison about a murder at the home of Satin Moray, a club owner and self-proclaimed socialite with a scarlet past. Dinner is included in the price of the theater ticket. $47.50 Lake Merritt Hotel, 1800 Madison St., Oakland. 239-2252 www.acteva.com/go/havefun 

Films 

Pacific Film Archive Theater Dec. 6: 7 p.m., Bizarre, Bizarre; 8:50 p.m., The Green Man; Dec. 7: 7 p.m., Smiles of a Summer Night; 9:05 p.m., Cluny Brown; Bancroft Way, 642-1124 www.bampfa.berkeley.edu 

“Shouting Silent” Dec. 8: 2:30 p.m. reception, 3:30 p.m. film showing. The film by Xoliswa Sithole explores the South African HIV/AIDS epidemic as seen through the eyes of the filmmaker, an adult orphan who lost her mother to HIV/AIDS in 1996. Health Education Center, 400 Hawthorne St., Oakland 

Exhibits  

“Furniture Art” Through Dec. 7: An exhibit of metal and wood furniture that revisits furniture not only as art but as craft. 12 p.m. - 6 p.m. The Current Gallery at the Crucible, 1036 Ashby Ave. 843-5511 www.thecrucible.org 

“Berkeley Creations” Dec. 8 & Dec. 15: 11 a.m. - 4 p.m., A group exhibit. Artist-at-Play Studio and Gallery, 1649 Hopkins St., 528-0494. 

“The Paintings of Bethany Anne Ayers and Sculpture of Alexander Cheves” Through Dec. 15: Tues. - Sat. 11 a.m. - 5 p.m. Ardency Gallery, 709 roadway, Oakland. 836-0831 gallery709@aol.com 

“The Whole World’s Watching: Peace and Social Justice Movements of the 1960s and 1970s” Through Dec. 16: A documentary photo exhibition which examines the rich history of the social movements of the 1960s and 1970s. Wed. - Sun., noon - 5 p.m. Berkeley Art Center, 1275 Walnut St., Live Oak Park. Free. 644-6893 

“Veiled and Revealed” Through Dec. 23: Human beings, costumed in native dress are captured by visual artists in a seven-person exhibit. Sat. Dec. 8, 15, and 23, 11 a.m. - 5 p.m. Free. Simultaneously showing at ART-A-FACT, 1109 Addison St., and Metaversal Lightcraft, 1708 University Ave. 848-1985 

“Images of Innocence and Beauty” Dec. 19 through Jan. 8: An exhibit featuring Kathleen Flannigan’s drawing and furniture - boxes, tables, and mirrors, all embellished with images of the beauty and innocence of the natural world. Addison Street Windows, 2018 Addison St. 

“Matrix 195” Through Jan. 13: German artist, Thomas Scheibitz’s, first solo museum exhibition in the United States showcases semi-abstract representations of everyday objects and landscapes. Wed., Fri. - Sun. 11 a.m. - 5 p.m., Thur. 11 a.m. - 9 p.m. $3-$6. Berkeley Art Museum and Pacific Film Archive, 2626 Bancroft Way, 642-0808 www.bampfa.berkeley.edu 

GTU Exhibit: “Holocaust Series” by Cleve Gray Through Jan. 25: Comprised of 21 works on paper that constitute “a catharsis... for all of humanity.” Mon. - Thurs. 8:30 a.m. - 9:45 p.m., Fri. 8:30 a.m. - 6 p.m., Sat. 10 a.m. - 6 p.m., Sun. noon - 7 p.m.; Free. Flora Lamson Hewlett Library, Graduate Theological Union, 2400 Ridge Rd. 649-2541 www.gtu.edu 

Pro Arts: “Juried Annual 2001-02” Dec. 19 through Feb. 2: An exhibition of painting, sculpture, mixed media, photography and more by Bay Area and  

regional artists. Pro Arts, 461 Ninth St., www.proartsgallery.org. 

“Enduring Wisdom: Artwork and Stories by Homeless and Formerly Homeless Seniors” Through Feb. 15: 18 homeless and formerly homeless elders reveal how they learned and applied wisdom that is timeless. Mon. - Fri. and Sundays 11 a.m. - 2 p.m. Reception and presentation by the elders Thurs. Nov. 15, 4 p.m. - 6 p.m. Free. St. Mary’s Center, 635 22nd St., Oakland, 893-4723 x222 

“Ansel Adams in the University of California Collections” Dec. 12 through Mar. 10: A selection of photographs and memorabilia presenting a different perspective on Adam’s career as one of the leading figures in American photography. Wed, Fri. - Sun. 11 a.m. - 5 p.m., Thur. 11 a.m. - 9 p.m. $4- $6. University of California, Berkeley Art Museum and Pacific Film Archive, 2626 Bancroft Way, 642-0808, www.bampfa.berkeley.edu 

“The Art History Museum of Berkeley” Masterworks by Guy Colwell Faithful copies of several artists from the pasts, including Titian’s “The Venus of Urbino,” Cezanne’s “Still Life,” Picasso’s “Woman at a Mirror,” and Botticelli’s “Primavera” Ongoing. Call ahead for hours. Atelier 9 2028 Ninth St. 841-4210 or visit www.atelier9.com 

Readings 

Coffee With A Beat - Word Beat reading series Dec. 8: Jeanne Powell, Kelly Kraatz; Dec. 15: Norm Milstein, Barbara Minton; Dec. 22: Debra Grace Khattab, Jesy Goldhammer; Dec. 29: Steve Arntson, Michelle Erickson, Clare Lewis; All readings are free and begin at 7 p.m., 458 Perkins, Oakland, 526-5985, www.angelfire.com/poetry/wordbeat. 

The Humanist Fellowship Hall Dec. 5: 7 p.m., “Our Wings Are Pregnant Seesaws” a play by H. D. Moe. A reading performance by the theatre workshop. 390 27th St., Oakland, 528-8713 

Easy Going Travel Shop & BookstoreDec. 11: 7:30 p.m., Lisa Bach, editor of “Her Fork in the Road”, a collection of stories blending food and travel, and a panel of contributors to the anthology, present an evening of readings and discussions. Free. 1385 Shattuck Ave. 843-3533 

“Rhythm & Muse Open Mic” Dec. 15: 7 p.m., Featuring poets Lara Dale and Mary-Marcia Casoly. Berkeley Art Center, 1275 Walnut St. 527-9753 

Tours 

Lawrence Berkeley National Laboratory Fridays 9:30 - 11:45 a.m. or by appointment. Call ahead to make reservations. Free. University of California, Berkeley. 486-4387 

Golden Gate Live Steamers Grizzly Peak Boulevard and Lomas Cantadas Drive at the south end of Tilden Regional Park Small locomotives, meticulously scaled to size. Trains run Sun., 9 a.m. to 4 p.m. Rides: Sun., noon to 3 p.m., weather permitting. 486-0623  

Museums 

Habitot Children’s Museum “Back to the Farm” An interactive exhibit gives children the chance to wiggle through tunnels, look into a mirrored fish pond, don farm animal costumes, ride on a John Deere tractor and more. “Recycling Center” Lets the kids crank the conveyor belt to sort cans, plastic bottles and newspaper bundles into dumpster bins; $4 adults; $6 children age 7 and under; $3 for each additional child age 7 and under. Mon. and Wed., 9:30 a.m. to 1 p.m.; Tues. and Fri., 9:30 a.m. to 5 p.m.; Thur., 9:30 a.m. to 7 p.m.; Sat., 10 a.m. to 5 p.m.; Sun., 11 a.m. to 5 p.m. 2065 Kittredge St. 647-1111 or www.habitot.org  

Oakland Museum of California Dec. 8 & 9: 32nd Annual Bay Area Fungus Fair, the world of the mushroom will be explored in exhibits, lectures, slide shows, cooking demos, etc.. Through Jan. 13: Grand Lyricist: The Art of Elmer Bischoff, featuring paintings and works on paper that trace the evolution of Bischoff’s career. $6 adults, $4 seniors and students, free for children under 5. Wed. - Sat. 10 a.m. - 5 p.m., Sun. noon - 5 p.m., 10th St., Oakland, 888-625-6873/ www.museumca.org 

UC Berkeley Museum of Paleontology Lobby, Valley Life Sciences Building, UC Berkeley “Tyrannosaurus Rex,” ongoing. A 20 foot by 40 foot replica of the fearsome dinosaur made from casts of bones of the most complete T. Rex skeleton yet excavated. When unearthed in Montana, the bones were all lying in place with only a small piece of the tailbone missing. “Pteranodon” A suspended skeleton of a flying reptile with a wingspan of 22-23 feet. The Pteranodon lived at the same time as the dinosaurs. Free. Mon. through Fri., 8 a.m. to 5 p.m.; Sat. and Sun., 1 p.m. to 5 p.m. 642-1821 

UC Berkeley Phoebe Hearst Museum of Anthropology will close its exhibition galleries for renovation. It will reopen in early 2002.  

University of California Berkeley Art Museum Pacific Film Archive has reopened after its summerlong seismic retrofit. “Martin Puryear: Sculpture of the 1990s” through Jan. 13; “The Dream of the Audience: Theresa Hak Kyung Cha (1951 - 1982)” through Dec. 16; “Face of Buddha: Sculpture from India, China, Japan, and Southeast Asia” ongoing rotation through 2003; “Matrix 194: Jessica Bronson, Heaps, layers, and curls” Sept. 16 through Nov. 11; “Matrix 192: Ceal Floyer 37’4”” Sept. 16 through Nov. 11; Wed., Fri., Sat., Sun. 11 a.m. - 5 p.m., Thur. 11 a.m. - 9 p.m., PFA Theater, 2575 Bancroft Way; Museum Galleries 2626 Bancroft Way; 642-0808 www.bampfa.berkeley.edu 

Lawrence Hall of Science Through Jan. 26: Scream Machines: The Science of Roller Coasters; “Within the Human Brain,” ongoing. Visitors test their cranial nerves, play skeeball, master mazes, match musical tones and construct stories inside a simulated “rat cage” of learning experiments. “Saturday Night Stargazing,” First and third Saturdays each month. 8 - 10 p.m., LHS plaza. Saturdays 12:30 - 3:30 p.m. $7 for adults; $5 for children 5-18; $3 for children 3-4. 642-5132 

Holt Planetarium Programs are recommended for age 8 and up; children under age 6 will not be admitted. $2 in addition to regular museum admission. “Constellations Tonight” Ongoing. Using a simple star map, learn to identify the most prominent constellations for the season in the planetarium sky. Daily, 3:30 p.m. $7 general; $5 seniors, students, disabled, and youths age 7 to 18; $3 children age 3 to 5 ; free children age 2 and younger. Daily 10 a.m. to 5 p.m. Centennial Drive, UC Berkeley 642-5132 or www.lhs.berkeley.edu  

Send arts events two weeks in advance to Calendar@berkeleydailyplanet.net, 2076 University, Berkeley 94704 or fax to 841-5694.

Moore’s 23 leads Panthers to second win over BHS this week 

Hooking up for the second time this week, the Berkeley and St. Mary’s boys’ basketball teams produced a sequel that looked strikingly similar to the original. Berkeley held a slim lead at halftime, but the more experienced Panthers went on a second-half run to beat the young ’Jackets, 66-59. 

Friday’s game, held in the consolation bracket of the Chris Vonture Spartan Classic at De La Salle in Concord, left both teams feeling unsatisfied. St. Mary’s didn’t play very well in victory, while the ’Jackets showed little improvement over Thursday’s ugly loss to St. Joseph. 

“We’re just not playing very well right now,” St. Mary’s head coach Jose Caraballo said. “We’re not doing the things we normally do.” 

One bright spot for the Panthers was senior Chase Moore, who scored a game-high 23 points after struggling offensively on Thursday. Moore came out fast, scoring 11 in the first quarter, then hit several big shots down the stretch when Berkeley got close in the final period. 

“I just tried to step it up today and score a little more,” Moore said. “With (point guard) DeShawn (Freeman) out, we need someone to score some points.” 

“That’s how Chase is supposed to play,” Caraballo said. “He’s not doing anything unusual for him.” 

Freeman’s absence, which will last until next month, is clearly wearing on senior guard John Sharper, who has taken over the point. Sharper hasn’t had a good offensive effort in the Panthers’ first three games, and was shut out in the first half of Friday’s game before scoring 12 points in the second. But center Simon Knight came through against Berkeley, scoring 14 points on 6-of-8 shooting from the floor. Knight was awful from the line, however, making just 2-of-9 free-throws. Sharper contributed in other ways, tallying 5 rebounds, 4 steals and 4 assists. 

Berkeley had their own offensive struggles to worry about. For the third game in a row, the ’Jackets looked disjointed on the offensive end, committing unforced turnovers and taking foolish shots. They shot just 37 percent from the field and were just 14-of-25 from the free-throw line. But head coach Mike Gragnani didn’t blame his players for the team’s struggles. 

“I think what’s happening right now is my own fault,” Gragani said. “I have to do a better job in practice explaining the situations where we’re having turnovers.” 

Typical of the ’Jackets was guard Dontae Hall. The 5-foot-10 junior hit his first three shots in the first quarter to give Berkeley a 10-6 lead. But Hall would miss his next nine shots as St. Mary’s went ahead, and he finished with 12 points. Hall also managed to grab 7 rebounds despite being the shortest player on the court, but was unable to convert several offensive boards into scores. 

Guard Lee Franklin helped Berkeley get the lead back in the second quarter, scoring two quick baskets to give them a 20-19 edge, and Daryl Perkins hit a 3-pointer late in the period to keep a 30-28 lead into halftime. But the ’Jackets went ice-cold in the second half, scoring just 5 points through the next 10 minutes, missing three wide-open layups during that time. Sharper gave St. Mary’s the lead back with a 3-pointer to start the second half, and the Panthers never looked back. 

Although the ’Jackets were down just 42-35 at the end of the third quarter, a 12-point St. Mary’s run quickly put the game out of reach as the Panthers took a 52-35 lead. Sharper, struggling with his normally dependable outside shot, started driving to the hoop, and converted 6 free throws in the final period on his way to 12 points. In fact, four of the St. Mary’s starters (Moore, Knight, Sharper and guard Terrence Boyd) combined to score all but 5 of the team’s points. Caraballo was unhappy with the play of his reserves, who allowed Berkeley to cut the St. Mary’s lead to 9 points with two minutes left in the game, forcing him to put his starters back in to insure the victory. 

“I wasn’t happy that Berkeley came back when I put the subs in,” Caraballo said. “There can’t be a letdown when we go to our bench.” 

St. Mary’s will face the winner of the Serra-Jesse Bethel matchup today at 4 p.m. for the consolation championship, while Berkeley will face the loser at 2:15 p.m.

The Alameda County District Attorney’s Office has charged the owner of Jetco Motors, which burned down 17 months ago, with eight felonies related to the transportation and disposal of hazardous debris. 

Frank Ghayaz, also known as Faranarz Tabatabaighahyaz, was arrested Aug. 9 after a hired hauling company was observed dumping fire-damaged toxic waste at the West Contra Costa Sanitary Landfill in Richmond. 

One day after his arrest, Ghayaz was released on $40,000 bail.  

The District Attorney filed the eight felony counts on Nov. 16. Ghayaz is scheduled to appear in court Dec. 18. 

Ghayaz did not return phone calls to the Planet on Friday, but his attorney, William Cole of the Oakland law offices Krech and Cole, said Ghayaz will plead not guilty on all eight counts. 

Alameda County Deputy District Attorney Michael O’Connor said Ghayaz, if convicted, could face up to three years in prison and a $100,000 fine for each count. 

Jetco Transmission, located at 2120 Fifth St., was destroyed by at five-alarm fire in May 2000. Shortly after the fire, the city’s Toxic Waste Division determined the fire-damaged debris, which included car batteries and engine parts, contained hazardous materials.  

Ghayaz also owns the Jetco Motors Garage at 2120 Fifth St. 

According to Toxics Management Supervisor Nabil Al-Hadithy, Ghayaz was told the debris would have to be disposed of according to state environmental law, which Al-Hadithy said is “very expensive.” 

“Hazardous waste is regulated from ‘cradle to grave,’” he said. “Every aspect of waste is documented, regulated and accounted for so it doesn’t end up causing damage to the environment.” 

Despite a quarantine on the burned-out transmission shop, inspectors from the Consumer and Environmental Protection Division of the Alameda County District Attorney’s Office witnessed a hauling company, allegedly hired by Ghayaz, transport the hazardous debris to the West Contra Costa Sanitary Landfill, according to O’Connor. 

O’Connor said there was no health risk to the neighbors of the transmission shop because the debris had been properly contained and enclosed. But the landfill, which is located next to the San Francisco Bay, is not licensed to handle hazardous materials. 

“Disposing of the materials at the landfill meant that the toxic metals would eventually work their way into the Bay where it would (present) a hazard to aquatic life,” O’Connor said.

Editor: 

Thank you for Tuesday’s “Berkeley Lite”. I appreciate news presented with a sense of humor – what a gift to be informed and to be able to smile simultaneously. You are going to spoil me; for future articles I will demand more humor so that I can belly laugh while learning. 

But back to the serious matter of the difficulty of buying underwear in Berkeley. I hate it when our city officials, in this case the mayor, bashes Berkeley for being Berkeley. It seems to me that Berkeley residents, and for that matter, people from Walnut Creek, as well as all over the world, come to Berkeley for many reasons. They come for the university and its faculty and students, for the eccentricities of our political culture, for Chez Panisse, for Cody’s, Black Oaks and for all the other wonderful stores and artists scattered over various parts of Berkeley. Another, tiny, Berkeley gem, the Juice Bar Collective is where I recently hosted two women parliamentarians from Japan who came to Berkeley and Oakland expressly to personally thank Representative Barbara Lee and the Berkeley City Council members (Breland, Miao, Shirek, Spring, and Worthington) who introduced and voted for the “anti-war measure.” We thought that we would splurge, but it was Saturday lunch and Venezia and Chez Panisse Upstairs were closed. So the four of us bought lunch at the Juice Bar Collective and ate our shepherd’s pie and other goodies on the sidewalk outside of the Juice Bar. My guests were ecstatic with the quality of the food and the utter simplicity and folksiness and I was thrilled by my cleverness at bringing them there. 

And oh yes, for appetizers we started with just-out-of-the-oven breads, and olives at the Cheese Board Collective, another Berkeley treasure. Our international visitors stayed at the Shattuck Hotel (for three nights) and bought gifts (underwear?) at Ross’ across from their hotel, then to Walgreens for multiple vitamins to bring back to Tokyo. They were charmed and delighted by Berkeley and it was fun for me to see the virtues (retail and conscience) of Berkeley through their eyes. I don’t believe that a trip to Walnut Creek would have left (yes) the experience, left an impression of a community, that had creative people doing Nobel quality work as well as having bakers producing bread that is better than Paris’. They want to come back. And some of us, would like to have them come back, not only for what they will spend in Berkeley but for their company.  

Ying Lee 

Berkeley

LONDON — George Harrison’s 1971 hit, “My Sweet Lord,” is reportedly going to be rereleased as a tribute to the former Beatle, who died last week. 

The British news agency Press Association on Friday quoted an unidentified source at EMI Records as saying the company plans to reissue the track and donate the proceeds to an undetermined charity. 

No date has been set for the release, Press Association said. Representatives from EMI did not return calls from The Associated Press seeking comment. 

“My Sweet Lord” was the first No. 1 song for any of the Beatles following their breakup. The song, from Harrison’s biggest album, “All Things Must Pass,” was one of the most successful releases of his career. 

It includes references to the Hare Krishna faith and a section of their mantra. Harrison was a devotee of Hare Krishna for much of his life. 

The hit later drew Harrison into a lawsuit, which he lost, by the copyright owner of “He’s So Fine,” a track by the Chiffons. 

Harrison died Nov. 29 at the age 58 from cancer.

Leaks and floods result in a wave of questioning

A series of leaks and floods at several district schools in recent weeks have raised concerns about the quality of recent school construction, and put maintenance issues back on the map. 

“Our schools are flooding, our schools are in trouble,” said Beebo Turman, a member of the citizens’ Maintenance Planning and Oversight Committee, at Wednesday’s Board of Education meeting. 

Turman and other parents on the committee, which is composed of citizens and district staff, are asking school officials to hold architects and contractors accountable for any design or building errors, and to rapidly hire more maintenance staff. 

Lew Jones, the district’s manager of facilities planning, says he has contacted architects and contractors where appropriate, and is pushing to hire qualified maintenance staff, including a new maintenance director, as soon as possible. He said state law and bureaucratic processes necessarily create lengthy hiring procedures, and new staff will probably not be in place for several months.  

The most significant flooding, according to committee members and school officials, has occurred at Berkeley High School, the Longfellow Arts & Technology Magnet Middle School, Malcolm X Arts & Academic Magnet School and a daycare facility on the LeConte School campus. 

Smaller leakages have spouted at several other schools, according to Jones, including Thousand Oaks and Rosa Parks, where mold has developed in a conference room.  

Jones said he has called contractors, who did recent work on the two buildings, to seek remedies. 

Jones has also asked ELS Architects of Berkeley, who worked on the recent renovation of Longfellow, to look into design flaws that may be leading to flooding in a basement room at the school. 

ELS did not return Daily Planet calls for comment. 

School principals say they have been pleased with the district’s day-to-day response to flooding issues.  

“I think the response time is adequate,” said Lawrence Lee, executive vice principal at Berkeley High School, which has experienced flooding in its G Building during the recent heavy rains. 

However, Lee said the district has not been so quick to deal with several lingering maintenance issues at BHS, including backed-up drains, roofing problems and faulty lighting on the outside of buildings. 

Activists say that a lack of adequate staffing and management are responsible for the backlog of maintenance problems. “There’s nobody taking care of business now,” said Yolanda Huang, a Berkeley High parent who has served on the maintenance committee. 

Jones readily acknowledges the short staffing, and says the district will be hiring about 15 new employees in the next six months, some sooner than others. But, he says the existing maintenance crews have worked hard under difficult conditions. “Our staff has been short-staffed for some time,” Jones said, “and they have really been out there busting their tails.” 

Jones also acknowledges that the recent departure of Gene LeFevre, the district’s former maintenance director, has left a leadership vacuum. But, he points to a school board vote on Wednesday, approving a $10,000 per month contract with ABM Engineering of Oakland, to last no more than five months, that will provide a temporary manager until a new one is found.  

Maintenance committee members said they were generally happy with the ABM contract, but objected to the district’s failure to include them in the hiring decision. 

They also criticized the district’s larger plan to hire permanent new staff. Superintendent Michele Lawrence initiated the scheme in the fall, and won school board approval in October, overriding some elements of a maintenance committee-endorsed plan the board passed in May. 

The new plan calls for the hiring of “maintenance engineers,” who are skilled in at least two trades, rather than workers who have expertise in one particular area, such as plumbing or electrical work. 

Stephanie Allan, who serves on the maintenance committee, and works for a local union of stationary engineers – similar to “maintenance engineers” – said the plan is unrealistic. She said multi-talented workers are difficult to come by, and command higher salaries than those being offered by the district.  

Allan added that it would take years to train the district’s current employees and raise them to the level of maintenance engineers. 

“It’s like, I’m in Kansas and I want to get to Oz,” said Huang, echoing Allan’s argument that the plan is unrealistic, “but how am I going to get there?” 

Jones noted that the district has recently raised the pay it will offer maintenance engineers by about 10 percent, but said he cannot be sure about the types of applicants the system will attract. 

“We believe we should be able to get people on board, but until we advertise, we can’t be sure,” he said. “We’ll have to do a good job of recruitment.” 

Editor: 

Well what do you know, the indomitable “American Way” which we are defending in blazing glory across the globe, has forced the American Medical Association to consider paying “dying, would-be donors and their families for vital organs.” Isn’t this a bit of an ethical oxymoron? Here we are, blowing a country to smithereens to dislodge a despotic enemy. Kidneys, hearts, lungs…you name it are being splattered all over Afghanistan to protect our “liberty,” yet we can’t seem to invoke that ‘liberty’ to come together as a country and provide our own population of 78,000 seriously ill residents with transplants that could save their lives.  

Is this what our freedom is all about? Apparently, it is. While 15 people die daily waiting for transplants, most of us ignore this need, as we do much of the more unpleasant realities that taint the ever more fragile American Dream. Meanwhile, 2001 has set new records for Suv’s…both in size and sales. Idiotic “reality shows” dominate commercial television. The disparity between rich and poor goes on, unabated. Do we really have to “buy” everything to prove our allegiance to the principles of freedom, including organs that have no use whatsoever to anyone but to sanctify our indifference to others? 

Marc Winokur 

Oakland

Lennon’s b-day today

NEW YORK — Many of the flowers placed at Central Park’s Strawberry Fields after George Harrison’s death are still there, but Beatles fans are preparing to mourn again, this time for the 21st anniversary of John Lennon’s death this Saturday night. 

And with the planned Lennon vigil comes the annual fight between organizers and the city over whether the memorial can continue past the 1 a.m. curfew that has been imposed for the past eight years. 

“Since Sept. 11, we have seen a new side of (Mayor Rudolph Giuliani), who has shown a lot of compassion,” Tom Leighton, co-founder of the Memorial Committee, said Wednesday. “We are just hoping that perhaps he can extend this compassion to fans of John Lennon and rock and roll fans in general and allow us to extend the vigil this year past 1 a.m.” 

Giuliani’s press office did not immediately return a call for comment. But in previous years, the mayor said public safety concerns and the costs of extra security were reasons for not extending the curfew. The park generally is closed from 1 a.m. to 6 a.m. 

Parks Commissioner Henry Stern, however, said that the curfew decision is his, not Giuliani’s, and that fans are just blaming the mayor to get media attention. 

“This is simply a stunt,” Stern said. 

Lennon was shot dead by a deranged fan in front of his Central Park West home on Dec. 8, 1980. Harrison died Nov. 29 following a bout with cancer. 

Artists lined up for next year’s show

LOS ANGELES — Kid Rock, Lenny Kravitz and Brooks & Dunn are among the performers lined up for next year’s American Music Awards. 

The 29th annual awards show is scheduled to air on ABC on Jan. 9. The host has not yet been announced. 

Also scheduled to perform are Cher, Toby Keith, Shaggy and Yolanda Adams. 

Presenters include rappers Master P., Ja Rule and Ludacris; singers LeAnn Rimes and India.Arie; and actors Chris Klein and Frankie Muniz. 

Twenty-one awards, voted on by the public, will be given out in music categories including pop, rock, alternative, gospel and country. 

——— 

On the Net: 

http://www.americanmusicawards.com. 

Editor: 

The Downtown Berkeley Association (DBA) supports a balanced approach to public transit and parking. 

For the business community, the Transportation Element is one of the most significant elements of the General Plan. Access to the district by customers, visitors, and workers is critical for business vitality, and the ability to attract and retain employees.  

Unfortunately, the Transportation Element as it is now written is not balanced. While we applaud language to increase the use of public transit, we cannot support a moratorium on the consideration of any new parking. Past studies in 1990 and 2000 have already shown that the Downtown needs at least 540-915 new parking spaces.  

The DBA respectfully requests that the City Council recognize that some people need to drive. The health, vitality, and future of the downtown arts, civic, and business communities require that the city understand that the automobile is part of the equation. It cannot be ignored or wished away. It would be permanently damaging to the long-term well being of the many popular downtown destinations if the existing parking supply were reduced; rather it is likely that new parking must be created as many of the arts and cultural activities take place after dark when public transit is infrequent and unappealing to many people.  

We hope that the adopted General Plan policies include a commitment to maintain the existing parking supply in the downtown at current levels so that there is no net loss of parking; a pledge to conduct an immediate study of visitor and shopper parking needs and supply, and act on the findings and recommendations of that parking study; and remove the language in Policy T-35 that prohibits the city from spending any city funds on efforts to increase the number of parking spaces in the Downtown for the next two years.  

Deborah Badhia 

executive director, Downtown Berkeley Association

EAST PALO ALTO — A SamTrans bus driver was still missing early Friday after finishing his route two days earlier and failing to return with the bus. 

The driver, whose name was not released, was last seen Wednesday after dropping off passengers in East Palo Alto. 

Late Thursday the bus was discovered abandoned in San Francisco. 

The small, 14-person coach serves the Redi-Wheels program for disabled passengers. The driver was due to return the bus to San Carlos after his shift. 

Despite the mystery, San Carlos police Cmdr. Rich Cinfio says his department has found no evidence of foul play. 

The victim was walking near the corner of Durant Avenue and Milvia Street at about 4:20 p.m. when he was approached by two men who demanded his wallet. The victim complied, but asked the suspects to keep his cash and return the billfold. The suspects did so, then fled on foot. 

The suspects are described as African-American males between the ages of 18 and 20. One suspect was around 6 feet, 2 inches tall, of thin build, wearing a white and red jacket. 

The other suspect had two blue letter “X”s etched into his front teeth. He is described as being 5 feet,10 inches tall and about 150 pounds. He was wearing a black fleece jacket and black jeans. 

Anyone with information is asked to call the BPD Robbery Detail at 981-5742. 

On Tuesday, Pinky, a 3-month-old beagle puppy was stolen from his home on the 3100 block of Ellis Street on Tuesday between 3:30 p.m. and 6 p.m. 

When Pinky’s owner arrived at the home, he noticed that a locked gate had been opened. At first, the victim saw nothing amiss, but later discovered Pinky was gone. 

In the other case, Miles, a tan boxer with white paws, was taken from his home on the 2700 block of Acton Street between the hours of 12:15 p.m. and 5 p.m. Wednesday.  

When the dog’s owner arrived at home on Wednesday, he discovered that Miles’ kennel, which was locked, was broken into and the dog missing. 

Miles is two years old, and was wearing a black leather collar. 

The two robberies occurred within a mile of each other, in roughly the same neighborhood. 

The first case was logged as a petty theft; the second, grand theft. 

The California Penal Code states that the theft of a dog is only considered “grand theft” if the dog is worth more than $400. 

The theft of a horse, mare, gelding, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt, barrow, pig, bovine animal or “caprine animal” (goat) is automatically considered grand theft, regardless of the animal’s dollar value. 

The code does not specify the regulations for the theft of a cat, but does note that the theft of any goods worth more than $400 is considered grand theft. 

Grand theft is punishable by incarceration for up to a year in a state penitentiary, while the maximum punishment for petty theft is a fine of up to $1,000 and six months in the county jail. 

Anyone with information about the theft of either of the dogs is asked to call the BPD Robbery Detail at 981-5742. 

The Peace and Justice Commission will ask the council to approve a plan to make the phone number and Web site address of the organization available to staff members answering city phone lines. 

Berkeley’s Mayor Shirley Dean says she has no problem with the proposal, as long as the informational task does not cross the line to advocacy. 

Steve Freedkin, a member of the Peace and Justice Commission, says the proposal comes from a need for balance in light of strong military messages getting to the public through national advertising campaign. 

“During this time of military action, especially, we felt it was important that young people, who are of an age to consider enrolling in the military, have the full range of information available to them,” Freedkin said. 

Boat captain Phil Battaglia delivered 1,800 pounds of Dungeness crab Thursday to Alber Seafoods at Pier 45. 

The crab fisherman striked for three weeks, holding out for more $2.25 per pound before settling on $1.88 per pound. 

Crab supplies had dwindled as the anglers stayed ashore. 

Marketers predict crab prices for consumers will drop to about $3.99 per pound. 

Police are searching for a 43-year-old Hilo man in the stabbing of a Mark Dehl on Thursday. 

Dehl, 51, was reported in serious but stable condition at Hilo Medical Center with wounds in his upper chest and abdomen. 

Police were looking for Randy Galima, who lives in the building that houses the Shooters Bar and Grill where the stabbing occurred. 

Galima and Dehl reportedly got into a fight at the bar at about 9:30 p.m. 

Galima was involved in an eight-hour stand-off with police last March during which he held a seven-month-old baby girl as a hostage, threatening to kill her with a knife. 

He was charged with kidnapping, resisting arrest and seven counts of terroristic threatening in that incident. 

SAN JOSE — For years, anonymous e-mail has been a choice tool for whistle-blowers, human rights activists and undercover sources looking to protect themselves while imparting vital information. 

Anonymous online communication could just as easily be used by terrorists to plot attacks or send threats. 

Yet little has changed since Sept. 11 for users and operators of Internet-based anonymous e-mail servers, which launder messages by deleting identifying information, rendering them virtually untraceable. 

Now there are indications the servers have increased in number. 

While no evidence has been released linking such services to any criminal or terrorist conspiracy, experts fear governments could crack down on anonymous remailers — or at least subject them to greater scrutiny. 

Law enforcement generally despises technology that leaves such cold trails, said Mark Rasch, former head of the Department of Justice’s computer crimes unit and current vice president of cyberlaw at Predictive Systems. 

So far, U.S. and European authorities battling terrorism and cybercrime have apparently focused their surveillance elsewhere. The FBI declined to comment on what strategy, if any, it has for dealing with remailers. 

“There’s a lot more concern about border security and banking records,” said Mike Godwin, a policy fellow at the Center for Democracy and Technology. 

That’s just fine with the people who operate remailers. They don’t do it for money, but rather share a common ideal of protecting online privacy. 

Len Sassaman, an e-mail security consultant who runs a remailer as a hobby, thinks any attempts to crack down would lead to more cropping up around the world. 

In fact, the number of remailers overall doubled to about 50 after the passage of security laws as media reports raised awareness of threats to privacy, he said. 

“More people are interested in taking steps to protect that,” said Sassaman, who once had his e-mail published online after someone hacked into his Internet service provider. 

Some degree of e-mail anonymity can be achieved using a Microsoft Hotmail or Yahoo Mail account with a pseudonym. Encryption hides a message’s contents but not it’s origin or destination. 

That’s why people seeking nearly airtight anonymity like to send encrypted messages via remailers. 

Anonymous remailers today tend to work in teams, with a single message automatically passing through several. That reflects lessons learned in the case of Julf Hensingius. 

In 1993, the Finn developed an anonymous e-mail system that stripped off the identification of an e-mail’s sender before forwarding it to the addressee. 

Anon.penet.fi was especially popular among devotees of Usenet newsgroups, text-based bulletin boards that preceded the World Wide Web. 

A major flaw was revealed in 1995, however, when the Church of Scientology learned of a user who used Anon.penet.fi to post internal church documents — and contacted police. 

Because the single remailer relied on a database to match the sender’s Internet address with the message, the courts simply ordered Hensingius to reveal the identity of the sender. He shut down the service in 1996. 

“That prompted a bunch of programmers to rethink how they wanted to do remailers,” said Sassaman. 

Now, messages are bounced from machine to machine. In order to find the original sender, authorities would have to work through an entire chain of remailers, many likely located in different countries. 

But the development did not stop there. 

Programmer Lance Cottrell created the Mixmaster system to further confuse the trail by programming random delays from machine to machine. That makes it impossible to watch the system in order to identify a sender by monitoring when messages arrive and leave. 

Moreover, messages are encrypted multiple times, each wrapped inside the other like a matryoshka, or nested Russian doll. The whole message is then broken into packets of equal size. Logs are not kept. 

It leaves virtually no trail to follow for authorities. 

“Normally, they’re going to subpoena the last remailer in the chain. That’s the only one they can see,” said Cottrell, now chief executive of Anonymizer.com. “There’s just no path to work backward to the original sender.” 

Such complexity does not come easy. Software, downloaded for free, must be used by both the receiver and the sender so the messages are encrypted before being sent. 

And if one computer in the chain goes down, messages just disappear. 

Attempts to commercialize remailer technology have not been successful. In October, the easiest to use, Zero-Knowledge Systems’ Freedom Network, was shut down, due to lack of demand. 

Law enforcers have at least one way of unmasking users of anonymous remailers, said Richard Smith, formerly chief technology officer at the Privacy Foundation. 

Authorities could ask an Internet provider to list users who have sent data to an anonymous remailer. Then, using the FBI’s “Magic Lantern” or other intrusive eavesdropping programs, officials could secretly record a user’s every keystroke. 

“As they’re typing in their secret messages, they get reported before they get encrypted,” Smith said. “That’s the weakness of any encryption system — when the message is being typed or being read.

SACRAMENTO — Labor unions and an attorneys’ group are pushing an initiative that would raise benefits for California workers who suffer job-related injuries. 

The measure, intended for the November 2002 ballot, would raise benefits to the national average for workers injured after Jan. 1, 2003, and adjust benefits each year after that for the cost of living. 

Maximum temporary disability benefits, for example, would jump initially from $490 to $651 a week. 

Supporters say that California now ranks 49th out of 50 states in the amount of benefits paid to most injured workers. 

“Many workers are living in poverty because they have not had a benefit increase in over 10 years,” said Art Pulaski, executive secretary-treasurer of the California Labor Federation. “They deserve a raise.” 

For the last three years, Gov. Gray Davis has vetoed bills that would have raised injured workers’ benefits, saying they didn’t include enough cost-saving changes in the workers’ compensation system. 

Davis said recently that he hoped to work out a compromise he could sign next year. His press secretary, Steve Maviglio, said Davis hopes “to sign into law added benefits as a result of negotiations that we hope will resume in the next legislative session.” 

But critics said they can’t wait for the governor, normally an ally of labor. 

“After this third veto we can only conclude that the administration lacks either the political will or the political competence to solve this issue,” said Daniel Curtin, director of the California Conference of Carpenters. 

Proponents of the initiative need to collect signatures of at least 419,260 registered voters to put the measure on the ballot. 

The proposal is sponsored by Gnesa Duncan, whose husband was seriously injured in a Tosco refinery fire in 1999. 

Besides the labor federation and the carpenters’ union, the measure’s supporters include the California Correctional Peace Officers Association, United Farm Workers and the California Applicants Attorneys Association, whose members represent injured workers. 

LOS ANGELES — “Are you (Osama) bin Laden?” 

Two men accused Surinder Singh Sidhu of being the hated al-Qaida leader before beating him with metal poles. 

Sidhu, 47, was preparing to close his Northridge liquor store late Monday night when they entered. He said he tried to explain that he was a Sikh and had no association the accused terrorist. But for six minutes, they continued their assault. 

“All the time, they kept hitting me on my head,” he said Friday at a news conference. 

The Los Angeles Police are calling the assault a hate crime, one of more than 100 logged since Sept. 11. Hundreds more that have been reported nationwide — most targeting Arab-Americans, Muslims, Afghan-Americans, Sikhs, Asians and others mistaken for Arabs or Muslims. 

“It was obvious that they were attacking him not because they wanted anything from him but because of what he looked like,” Devonshire Division Capt. Joe Curreri said. 

“They obviously had hate in their minds when they walked into the store. They obviously had hate in their minds before they walked into the store because they had metal pipes with them.” 

Sidhu, who wears a turban and has a long peppered beard — customary of Sikh dress — managed to get away after pushing a shelf over on top of his attackers, causing them to fall on the floor, drop their weapons and run. No arrests have been made. 

He was hospitalized for several hours with head injuries. 

Kirtan-Singh Khalsa, spokesman for the Khalsa Council, an international council for Sikh affairs, said the crime was regrettable but not surprising, noting attacks had increased since Sept. 11. More than 200 have been reported nationwide, he said. 

“We’re deeply concerned by this event. But we are not shocked,” Khalsa said. “Sikhs are accustomed to ridicule because of the wearing of turbans.” 

Ironically, he said Sidhu’s injuries could have been more serious if it weren’t for the head garment. 

Khalsa called the two suspects “knuckleheads” who were unable to deal with their own anger. But he encouraged people of all races to stick together while dealing with this national tragedy. 

“These attacks that we’ve experienced collectively, we must respond to collectively,” he said. 

On Friday, Sidhu was wearing a turban made with American flag fabric which he says he has been wearing since Sept. 11 as a symbol of his love for the country. Although he is hurt by the incident, he said he is not bitter. 

“I feel bad but not angry,” he said. “Most of the people are nice. It’s never happened before. We just have to educate the people on who we are.” 

According to Khalsa, there are approximately 23 million Sikhs worldwide, 500,000 in the United States and 125,000 in California. They have been farming in the state for more than 100 years. 

MODESTO — Rep. Gary Condit, dogged by scandal since the May disappearance of a Washington, D.C., intern, said Friday he will seek re-election to Congress. 

Condit kept his plans silent until 4:15 p.m. Friday, when he arrived at the Stanislaus County courthouse to file papers for re-election. Friday was the deadline for congressional candidates to enter the 2002 campaign. 

“It was a very difficult decision for me,” Condit said. “It took some time to think about and I’ve represented the (Central) valley for a long time and I’ve done a good job for the people of the valley.” 

Looking weary but flashing his trademark smile, Condit arrived with his son Chad and daughter Cadee to run the toughest race of his congressional career, which started in 1989.  

He starts with a Democratic primary race against his longtime protege, Assemblyman Dennis Cardoza of Atwater, a former Condit aide who once hired Chad Condit as his legislative chief of staff. 

“I expected him to try and run for re-election,” Cardoza said. “He probably sees this as one way he can redeem himself some way.” 

Once virtually unbeatable, Condit’s hold was shaken in May, when Modesto resident Chandra Levy, an intern for the Bureau of Prisons in Washington, went missing. As the weeks passed, questions mounted about their relationship and Condit became a staple of supermarket tabloids and cable TV talk shows. 

Eventually Condit, 53 and married, acknowledged a romantic relationship with Levy, according to a police source. But he kept silent publicly for more than three months, finally giving a series of poorly received print and broadcast interviews in which he said he had “very close” relations with Levy but denied any involvement in her disappearance. 

Chandra Levy’s mother, Susan, and brother, Adam, said they had no comment on Condit’s decision Friday. 

During the summer, Condit’s negative reviews led his son to say his father shouldn’t run again, a position he reversed Friday. 

“He should run,” Chad Condit said. “He’s right to run.” 

Condit immediately faced questions about Levy Friday, which he deflected, saying the media would have to decide if his campaign would focus on the issues. 

“You guys will have to decide if you’re going to be fair to me or not and whether that’s your main issue,” Condit said. “I’m going to dwell on my record and what I’ve done for the valley and what I’m going to do for the future.” 

If early reactions to his decision are a gauge, that future may end in March. 

“I think it’s a good time for him to back out,” said Susan Davis, a Democrat from Turlock who’s voted for Condit often but won’t this time. 

Condit should have been more candid about Levy, said Republican Modesto Councilman Armour Smith, a former supporter who said he won’t vote for him again. “He made us all wait. We’re still waiting. Is he ever going to come clean?” 

The politician whose career first started with election in 1972 to the Ceres city council, gave little indication of his future until earlier this week, when he sent a letter to his constituents. 

The letter praised President Bush’s war on terrorism, reminded them of his role on the House Intelligence Committee and informed them of his meetings with local security officials to discuss terrorism concerns. 

That was another part of the unusual air of mystery that surrounded Condit’s intentions, with congressional colleagues saying he had not shared his plans with them. 

The once popular Condit has been ostracized by his own party. Prominent Democrats, including California Democratic Party Chairman Art Torres, are backing Cardoza. 

The Democratic Congressional Campaign Committee said Friday it will remain neutral in the primary race. 

“Hold on to your hat,” said state Sen. Dick Monteith of Modesto, an erstwhile Condit ally who is seeking the Republican nomination for the seat. 

It will be apparent quickly whether the race between Condit and Cardoza veers from the issues to Levy, Monteith said. On Friday, Condit said it was anyone’s right to run for office and that he and Cardoza are friendly. 

Cardoza disputed that Friday. 

“There’s no question there’s tension between us,” Cardoza said. “You know, any time you have someone who is being challenged, they take offense to that. But no one gives us divine right to the seats we hold as elected officials. If he’s upset with me for running, that’s the way it goes.” 

Those tensions, said California Republican Party spokesman Rob Stutzman, mean “a rather brutal primary between the two of them.” 

Still, Stutzman said, the district is so Democratic that it would take a brutal campaign for the Republicans to win the seat. 

Condit, who had more than $315,000 in his campaign treasury at the end of the last reporting period in June, has not raised any money since then, Cadee Condit said. Cardoza is considered one of the Legislature’s most successful fund-raisers. 

Condit submitted 1,500 voter signatures with his campaign papers to accompany the 1,939 valid signatures he submitted earlier. 

A candidate must have 3,000 valid signatures to qualify for the ballot or pay a filing fee. Condit will pay the fee if he doesn’t have enough valid signatures. 

Adding to Condit’s woes, California Democrats dramatically reconfigured his district in agriculture-rich central California as part of the once-a-decade redrawing of electoral boundaries that follows the Census. 

———— 

Associated Press Writers Mark Sherman in Washington and Don Thompson and Jim Wasserman in Sacramento contributed to this report. 

LONG BEACH — State Fish and Game commissioners on Friday rejected a request by environmentalists and biologists to make the California tiger salamander an endangered species candidate, saying they needed more information. 

The Center for Biological Diversity, which had petitioned to list the species, said it would sue to get the commission to follow the recommendation of state Department of Fish and Game staff to list the species. 

“The commission ignored expert biologists, scientists for Fish and Game and lawyers for Fish and Game, and instead relied on a scientist-for-hire, who doesn’t study the species, and a lawyer misstating the legal standard,” said Brendan Cummings of the center. 

The salamander’s Santa Barbara County population is a federally endangered species. The U.S. Fish and Wildlife Service found that extending the listing to its entire range to be “warranted, but precluded” because other species have a higher priority. 

Candidacy would have set up a 12-month process to determine whether to permanently list the salamander, which is found in California’s San Francisco Bay area, Central Valley and along the central coast. 

Fish and Game staff recommended the candidate listing, saying development has greatly encroached the salamander’s habitat. 

The grasslands that might support salamanders have shrunk from 9 million acres historically to about 3.7 million acres, said Sandra Morey, chief of Fish and Game’s habitat conservation branch. 

The California Farm Bureau Federation, the Wine Institute and other wine grape groups opposed the designation because even as a candidate the species would have been protected as if it were an endangered species. 

Grape growers fear the designation could prevent vineyard development. Developers also have expressed concerns that it could inhibit home building. 

Commissioners Mike Crisman and Michael Flores voted to reject the petition while Commissioner Sam Schuchat voted to accept. 

Neither Fish and Game staff, nor the three university biologists who supported the listing, could offer more precise population estimated for the species that Crisman and Flores said they needed. 

“I’d like to see what numbers are out there,” said Flores, who added that he thought environmentalists failed to make the case that the salamander’s habitat was in peril. 

“It looked to me like there was quite a bit out there,” he said. 

Wine Institute lawyer Robert Uram said environmentalists failed to meet the standard justifying a listing. 

“Unless the petition has information on population, in my view, it is simply not lawful,” he said. 

Actor Martin Sheen and four others guilty 

LOS ANGELES — A federal judge on Friday convicted five anti-missile protesters of trespassing at Vandenberg Air Force Base during an October 2000 demonstration protesting the militarization of space. 

The convictions were the last in a series of nine non-jury trials that began in federal court Thursday with Bruce Gagnon, the demonstration’s coordinator. He was convicted and sentenced to two years probation and a $1,000 fine. 

Seven protesters were convicted and two acquitted. Charges against five people were dismissed before the trials began and two entered guilty pleas. 

The demonstration was part of an international day of protest organized by Gainesville, Florida-based Global Network Against Weapons & Nuclear in Space. 

Film and television star Martin Sheen, who was among those taking part, pleaded guilty in June. Four others pleaded guilty earlier this week. 

Sheen and the others were arrested as they tried to deliver a letter to Vandenberg’s commander explaining their opposition to space-based weapons. 

“While they have a constitutional right to voice their opinions, what they don’t understand is that the military is there to protect those rights and they continued to defy, in the face of authority, the law,” Capt. Michael T. Christy, special assistant U.S. attorney, said outside of court. 

Those convicted were upbeat as they left court, saying they planned to appeal. 

“The important thing is the struggle against ’Star Wars,”’ said Bill Simpich, who represented himself and his fellow defendants. “Vandenberg Air Force Base, like other government institutions, are engaged in trying to squelch legal, nonviolent protest.” 

Simpich was convicted and sentenced to one year probation and a $200 fine. 

Vandenberg, located on the central California coast, is the site of intercontinental ballistic missile tests and also the launch site for several missiles that have been used as targets in testing the so-called Star Wars missile defense system. 

SACRAMENTO — Rep. Gary Condit ended months of speculation over his political future Friday by declaring he will seek re-election, while his son abandoned his plans to jump into politics. 

Friday was the final day for California congressional, statewide and legislative candidates to decide whether they want their names on the March 5 ballot. 

The most closely watched races involved the father-son duo, and the answers came Friday afternoon when Democrat Gary Condit declared his candidacy for re-election and the younger Condit abandoned his bid for the state Senate. 

Secretary of State Bill Jones also ended guessing Friday by formally declaring his candidacy for governor. Jones filed the necessary papers in Fresno, his hometown, after speculation that money shortages would cause him to drop out. 

Jones will face Los Angeles businessman Bill Simon and former Los Angeles mayor Richard Riordan in the Republican primary. The winner will take on Democratic Gov. Gray Davis in November. 

Meanwhile, primary battles took shape in two newly created California congressional seats, which were formed when the Legislature and governor redrew the state’s districts this summer. 

The new districts and major candidates include: 

— The newly created, Republican-friendly 21st Congressional District in Tulare and Fresno counties: A Republican primary battle among Assemblyman Mike Briggs, former Fresno mayor Jim Patterson and Devin Nunes, a Tulare County dairy farmer. 

— The 39th Congressional District in southeast Los Angeles County: Linda Sanchez, a Democrat and sister of Orange County Democratic Rep. Loretta Sanchez, and Assemblywoman Sally Havice, D-Cerritos, will face off. 

In other congressional news, former state Assemblywoman Audie Bock, a Democrat and former Green Party member, announced Friday that she will not challenge Democratic Rep. Barbara Lee of Oakland for the 9th Congressional District seat in 2002. In October, Bock said she would challenge Lee, the only member of Congress to oppose a resolution that granted President Bush authority to use force against terrorists. 

Bock said she now will back the campaign of Kevin Greene, a local Democratic activist. 

The candidates for other statewide races include: 

— State Sen. Republican Bruce McPherson is the key Republican vying to challenge Democrat Cruz Bustamante for lieutenant governor. McPherson’s 27-year-old son, Hunter, was fatally shot two blocks from his San Francisco home during a Nov. 17 robbery attempt. 

— Secretary of state is an open seat. Former Secretary of State March Fong Eu, a Democrat who held the position for nearly two decades before term limits, wants to reclaim the job. Also running are Michela Alioto, the 1998 Democratic nominee for the post, and Assemblyman Kevin Shelley, a San Francisco Democrat. Former Assemblyman Keith Olberg, a Republican from Victorville, is considered the strongest GOP primary contender. 

— The race for controller will include state Sen. Tom McClintock, a Northridge Republican, and Board of Equalization member Dean Andal, a Republican of Stockton. 

Democrats Steve Westly, a former Silicon Valley executive with eBay Inc. and a newcomer to politics, and Board of Equalization member Johan Klehs also are running. 

— Democratic Treasurer Phil Angelides will be challenged by Phillip Conlon, a Republican and former member of the Public Utilities Commission appointed by former Gov. Pete Wilson. 

— State Senator Dick Ackerman, R-Fullerton, is the only Republican who will challenge Democratic Attorney General Bill Lockyer. 

— There will be a three-way Democratic primary for the open seat of insurance commissioner. Assemblyman Tom Calderon of Montebello; former state insurance commissioner John Garamendi of Walnut Grove; and former state assemblyman Tom Umberg of Orange County, all Democrats, all are running. 

Republicans Wes Bannister, of Orange County, and Gary Mendoza, of Los Angeles, also are facing off for the seat. 

LOS ANGELES — Two Pakistani men picked up for questioning following the Sept. 11 attacks were charged Friday by federal prosecutors with falsely representing their legal status a day after an immigration judge granted them permission to leave the country. 

The two men — Salman Hyder and Ahmed Atta — appeared in U.S. District Court in Los Angeles to answer charges they lied about their legal status on employment forms, said attorney Carrye Washington. The charges were unsealed in court and the hearing was continued until Tuesday. 

The court appearance came a day after federal officials removed the two men from a federal detention center in Lancaster without the knowledge of their attorney. 

“They took them last night. They are facing some type of federal charges. They haven’t told us anything,” she told The Associated Press. 

A third man, Soloman Hamid Khan, appeared with the two in court. Khan, who also faces charges of lying about his legal status, was reported to be a friend of Hyder and Atta, said attorney Guillermo Suarez, who is working with Washington on the case. 

Washington and Suarez said they learned about Friday’s hearing after listening to a radio report about the case, she said. 

The actions were an “ambush,” Washington said, adding that federal officials knew they were taking her clients while they were in court negotiating an agreement for the two to leave. 

An immigration judge granted voluntary departure Thursday to the two men rather then have them face a deportation hearing. However, during the hearing, the Immigration and Naturalization Service reserved the right to appeal the ruling. 

“The government is alleging that there is more here than meets the eye,” Suarez said. 

Telephone calls to the U.S. attorney’s office in Los Angeles were not immediately returned. 

Atta and Hyder, both 19, have been questioned at least five times by the FBI since they were picked up in October at their Fountain Valley apartment. Washington said the two were only charged with minor visa violations. 

Investigators appeared to focus on Atta, a Pakistani born in Saudi Arabia, who left the United States on Sept. 6 to renew his Saudi Arabian visa and passport, Washington said. He returned Sept. 18.  

Hyder said he has only been questioned about Atta’s whereabouts. 

The FBI last questioned the two on Oct. 25. 

Hyder and Atta had been held at the Mira Loma Detention Center in Lancaster since Oct. 8 until they were moved to a Los Angeles detention center, said Washington, an attorney with the National Immigration Project. 

The two men were detained by FBI and immigration officials after authorities received an anonymous tip accusing Atta of involvement with al-Qaida, the terrorist network considered responsible for the attacks. 

The men admit violating the student visas that allowed them to study computer information systems at Irvine Valley College. People with student visas must maintain full-time enrollment and are not allowed to accept off-campus employment without written permission from the INS. 

Both believe an angry neighbor called the tip in to authorities. 

SAN FRANCISCO — The parents of the California man found holed up with Taliban troops in Afghanistan said Friday that, nearly a week after his capture, the U.S. government has not given them any word about his condition or whereabouts. 

Through their attorney, Frank Lindh and Marilyn Walker said they are “desperately worried” about 20-year-old John Phillip Walker Lindh, who gave his name as Abdul Hamid after being taken into custody by U.S. forces following a bloody prison uprising in Mazar-e-Sharif. 

The attorney for the parents, James Brosnahan, told The Associated Press on Friday he had sent a fax to the Department of Defense requesting to know Walker’s whereabouts. Brosnahan said he also spoke to someone at the State Department in charge of determining the location of American detainees abroad. 

Neither agency would confirm Walker’s location, Brosnahan said. 

“Thus far, John’s parents have received no official word as to John’s physical health, mental state or even his whereabouts,” Brosnahan said in a written statement. “They are anxious to know how John is doing. We have renewed our previous request to the government to know what John’s condition is and to visit him without delay.” 

Federal officials first said they were not sure if Walker was an American, and have limited their comments as to whether he should be prosecuted or let free. 

“We appreciate the fact that the government is being deliberate and several high officials have said that they do not know enough about the situation yet, but the parents really want to see their son,” Brosnahan said. 

Walker’s parents have described him as an introvert and a pacifist who converted to Islam when he was 16 and living in Fairfax, Calif. He studied Arabic in Yemen and the Koran in Pakistan before going incommunicado about six months ago, his parents have said. 

Meanwhile, a videotape has surfaced that apparently shows a CIA officer interrogating Walker shortly before the agent was killed in the prison uprising. 

Johnny “Mike” Spann questioned Walker on Nov. 25 in the northern Afghanistan fortress of Kala Jangi, according to a Newsweek magazine report. 

Newsweek said the videotape showed Spann and another CIA agent, known only as Dave, talking with Walker. The magazine said the videotape indicated Dave spoke menacingly to Walker while Spann tried to break his resistance by explaining that the terror attacks on the United States on Sept. 11 had also taken the lives of many Muslims. 

“They (the hijackers) killed other Muslims. There were several hundred other Muslims killed in the bombing. Are you going to talk to us?” Spann asked. 

Walker did not respond. 

Shortly after the interrogation, other prisoners emerged from parts of the fortress and launched the uprising in which Spann was killed. 

RENO, Nev. — FBI agents and Reno police arrested a California man and a 16-year-old youth Friday wanted as suspects in the robbery and murder last week of the owner of a 99-cent store in Rubidoux, Calif. 

Anthony Eugene Brown, 28, Riverside, Calif., and the 16-year-old male from Lancaster, Calif., were arrested without incident about 12:30 p.m. Friday at a hotel near Reno’s downtown casino district, Reno Deputy Police Chief Jim Weston said. 

They were booked into the Washoe County Jail and were being held on no-bail warrants charging them with murder. 

The FBI notified Reno police earlier Friday that the two suspects wanted for a robbery murder in Riverside County, Calif., were believed to be in the Reno area. Reno officers spotted the suspects’ vehicle parked at the Horseshoe Hotel, Weston said. 

They are wanted in the death of Jamaloddin Douroudi, 46, Rubidoux, Calif. He was found dead at his store Nov. 29. He was handcuffed, shot and stabbed to death after his store was robbed of $20,000, Riverside County sheriff’s officials said. 

Authorities in Riverside earlier identified Brown as a suspect. 

His mother, Joyce Belvin, 52, told The (Riverside) Press-Enterprise last week that her son was innocent. 

“I’ve spoken with Anthony and he tells me he didn’t do it,” she told the newspaper. “I have to believe in my heart he’s innocent.”

LAS VEGAS — University of Nevada regents on Friday voted to raise grade point requirements for entrance to the state’s two universities. 

Current eighth-graders will be the first Nevada students required to meet an increased standard of 2.75 in 2006. The current grade point requirement is 2.5. 

In 2010, the required high school GPA could increase to 3.0 if university system studies show the 2.75 requirement didn’t discourage Nevadans and a diverse group of high school graduates from attending UNLV or the University of Nevada, Reno. 

Regent Tom Kirkpatrick opposed the increase, saying Nevada taxpayers favor more open admission policies and aren’t interested in creating what he called elite research universities. 

The proposal before regents was a scaled-back plan that originally called for a 2.75 high school GPA requirement for fall 2003 and a 3.0 requirement for fall 2005. 

Also Friday, the regents agreed to continue their discussion on raising student fees. They will meet again Jan. 16 during a special meeting in Las Vegas. 

UNR President John Lilley recommended the higher student fees to cover loans for UNR’s controversial Fire Science Academy near Carlin. 

Lilley proposed using fees now allocated to a new library project plus an emergency surcharge fee of $2 per credit-hour in the 2003 fiscal year to help the academy. 

He also asked regents to retain $2 in 2004 and $3 in 2005 from regular per student fees to assist the academy, designed to train professional firefighters. 

Revenue from the fee increases would be used to redeem $31 million in revenue bonds for the academy’s purchase and to cover academy deficits and start-up costs through an $8.5 million bank loan. 

But Lilley said the 2003 Legislature will be asked to help with the debt service — nearly $2.8 million a year — and if lawmakers come through, UNR would stop collecting credit-hour fees dedicated to the academy. 

A complex settlement of lawsuits between UNR and other parties will allow the academy to reopen in May. The loan payoff was agreed to as part of the settlement. 

On Thursday, regents voted to give UNLV President Carol Harter a raise from $186,924 to $201,000 — a boost of 7.5 percent. 

The $14,000 in cost-of-living and merit increases puts Harter’s annual salary slightly above that of Lilley, who makes $199,000 a year. 

The board also approved raises for three other campus presidents in the University and Community College System of Nevada: Rita Huneycutt, Truckee Meadows Community College, from $137,101 to $145,767; Carol Lucey, Western Nevada Community College, from $130,000 to $139,360, and Stephen Wells of the Desert Research Institute, from $172,000 to $183,040 a year. 

Richard Moore, founding president of the proposed Nevada State College at Henderson, got a $7,000 cost-of-living increase to boost his annual salary to $182,000. 

Ron Remington, president of the Community College of Southern Nevada, didn’t get an increase because his salary increased substantially when he left his presidency at Elko’s Great Basin College earlier this year for the $160,000-a-year southern Nevada post. 

Regents also approved a $25 million revenue bond issue to help start a new dental school at UNLV. The money will be used to buy three buildings, totaling 187,000 square feet, that will house the dental school and two biotechnical research facilities. 

UNLV officials said they will repay the bonds over 30 years with revenue from Medicaid customers, capital improvement funding and student fees. 

PEARL HARBOR, Hawaii — With the nation in the throes of another war started by a sneak attack, Americans marked Friday’s 60th anniversary of Pearl Harbor with appeals to their countrymen to fight terrorism with the same valor shown by the World War II generation. 

“As we come this time, we are at war again, our homeland attacked,” Adm. Vern Clark, chief of naval operations, said at a ceremony for Pearl Harbor survivors at the site of the sunken USS Arizona. “It’s our turn. It is time for us to rededicate our lives to the cause of freedom.” 

Ceremonies honoring the thousands killed on Dec. 7, 1941, stretched from Hawaii to New York, just a few miles from the smoking rubble of the World Trade Center. 

Veterans paraded in New Orleans, paused for a playing of taps in St. Louis and recalled the grim details with high school students in Sun City, Fla. Japanese-Americans folded more than 2,000 paper cranes in San Francisco to symbolize solidarity with Muslim-Americans who may be persecuted because of the nation’s fledgling war on terrorism. 

President Bush called for resolve in the new war. 

“Just as we were 60 years ago in a time of war, this great nation will be patient, will be determined and we will be relentless in the pursuit of freedom,” Bush said in Norfolk, Va., from the flight deck of the USS Enterprise, which helped launch the first strikes against Afghanistan in October. 

The observances carried special meaning this year because of the Sept. 11 attacks that killed even more Americans in New York, Washington, and Pennsylvania, than died at Pearl Harbor. The death toll at Pearl Harbor was 2,390, nearly all of them members of the military. The Sept. 11 toll stands at around 3,500. 

“The World Trade Center and the Pentagon are our modern-day Pearl Harbor,” said Capt. Leroy Gilbert, chaplain of the Coast Guard. 

Many of the Pearl Harbor veterans are in their 80s, and some of those who gathered in Hawaii said they believed this will be the last time they see the battle site or each other. 

“This is special because so many of our people are aging so fast,” said Ralph Lindenmeyer, 81, of San Diego, who was at nearby Ford Island during the attack that plunged the United States into World War II. “Tears come to my eyes when I think about all the fires, deaths and the destruction on a Sunday morning when we were getting ready for church.” 

At the memorial, a line of sailors in dress whites greeted each of 21 USS Arizona survivors with a white-glove salute. 

With a blast from the horn of a passing Navy destroyer and a missing-man flyover by F-15s, the ceremonies began at 7:55 a.m., the same minute the first Japanese bombs began falling. 

From wreaths for the five service branches and various veterans groups, sailors pulled flowers, and representatives tossed them into the water over the sunken Arizona, where more than 900 men are entombed. 

Repeatedly, Dec. 7 and Sept. 11 were tied together. About 600 New Yorkers — police, firefighters and their families — were in Honolulu for the anniversary as guests of the state and local businesses. 

Joseph Pfeifer, a battalion chief with the New York Fire Department, told those gathered at the National Memorial Cemetery of the Pacific that he was struck by the symbolism of New Yorkers tossing flowers into the water touched by oil still leaking from the USS Arizona. 

“The oil and the flowers came in contact,” he said. “Symbolically, the two events came together.” 

In Fredericksburg, Texas, former President Bush, a Navy pilot during World War II, told veterans that they serve as an inspiration for America as the nation leads a global war against terrorism. 

“Winning this latest war will not be easy, but here we reflect on the ordinary faces of men and women who stepped from anonymity to immortality,” he said. “Today, as 60 years ago, we are equal to the tasks before us.” 

At the USS Intrepid in New York City, Pearl Harbor veteran Julius Plaat, 82, said the attacks on the trade center and the Pentagon underscored the Pearl Harbor Survivors Association motto — “Remember Pearl Harbor, keep America alert.” 

“We were warned before Sept. 11,” he said. “The terrorists put a bomb in a vehicle and blew up that area down by the World Trade Center eight years ago. Was that enough warning?” 

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On the Net: 

USS Arizona Memorial: http://www.nps.gov/usar 

SPOKANE, Wash. — The nation’s mining industry can expect a more favorable working climate, Bush administration officials told a receptive audience at the Northwest Mining Association’s annual convention Friday. 

After eight years of what was seen as hostility toward their industry from the Clinton administration, delegates to the trade association are feeling a definite thaw in relations, NWMA executive Laura Skaer said. 

“It’s so refreshing to invite people from the administration and have them come” to the annual sessions, Skaer said. 

Each of the three Bush administration officials attending Friday’s session on legislation and regulatory affairs pledged to work closely with industry to soften disputed regulations approved in the closing days of the previous administration. 

But many of the environmental rules will stay, they said. 

The Agriculture Department, for example, wants to reinvigorate mineral exploration on national forests while promoting enlightened environmental stewardship, said Mark Rey, undersecretary of agriculture for natural resources and environment. 

The department wants to identify deposits of strategic and economic importance on national forests, Rey said — but miners must do their “best work” or face government litigation. 

Fred Ferguson, an associate solicitor with the Department of the Interior, said Interior Secretary Gale Norton thinks it is time to reform the nation’s mining laws. 

In a recent letter to Congress, Norton urged lawmakers to make updating of the Mining Law of 1872 a priority in the next session. 

Norton called for permanent authorization of the $100 mining claim fee, revision of the patenting system for mining claims, authorization of civil administrative penalties, authorization of a production payment system and expansion of the states’ role in managing the mining program, Ferguson said. 

“She sees it as a historic opportunity to resolve long-standing issues,” she said. 

Ferguson’s boss, Solicitor William G. Meyers, had been scheduled to attend, but was helping prepare Norton’s defense for a contempt-of-court trial that begins Monday over mismanagement of the nation’s Indian trust funds. 

Regulations that have made mineral exploration difficult on public lands are being reviewed under a Bush administration, Ferguson said. 

The so-called 3809 regulations modifying the Surface Mining Law already have been adjusted to address concerns of the mining industry, Ferguson said. 

But regulations to ensure protection of the environment were maintained. 

“Secretary Norton believes the reclamation of mined lands must be paid for by mine operators, not by the taxpayers,” Ferguson said. 

She said disputed regulations on bonding remain in place, but other liability provisions were removed. 

David Lauriski, assistant secretary of labor for mine safety and health, said some of the safest mines in the world are found in the United States, but called for a “national stand down” by mining companies to review their safety practices. 

There have been 29 fatalities in U.S mines so far this year, compared to 46 last year. 

——— 

On the Net: 

Northwest Mining Association: http://www.nwma.org 

Bureau of Land Management: http://www.blm.gov 

National Mining Association: http://www.nma.org 

Mineral Policy Center: http://www.mineralpolicy.org 

GRANTS PASS, Ore. — With no clear signals whether the Bush administration would make it easier to build ski areas on federal land, Jeld-Wen Inc. has formally given up its $4 million effort to develop Pelican Butte ski resort on the Winema National Forest. 

The forest published notice in the Federal Register last week of Jeld-Wen’s decision not to renew its application for a special use permit for the $37 million project outside Klamath Falls. 

Jeld-Wen is a leading manufacturer of doors and windows and a major resort developer through its Eagle Crest Inc. subsidiary. 

Chances for Pelican Butte appeared dim last January after President Clinton prohibited development on millions of acres of national forests. Plans for the project included nine lifts and 54 ski runs. 

When President Bush took over the White House and began looking at ways to change Clinton’s roadless policy, the ski resort appeared to have a chance. 

But “it really never happened,” said Kurt Schmidt, environmental coordinator on the project for Jeld-Wen. “Time drug on. ... We just said we had no other options than to withdraw our application.” 

Opponents, including the U.S. Fish and Wildlife Service, had argued that the ski area threatened springs and creeks flowing into the Upper Klamath National Wildlife Refuge on Upper Klamath Lake, as well as birds and fish protected by the Endangered Species Act. Northern spotted owls and bald eagles nest in the area and shortnosed suckers and Lost River suckers live in the lake. 

The project also faced difficulties under the Northwest Forest Plan, developed to protect fish and wildlife on national forests in Oregon and Washington. 

The ski industry has been flat nationwide, and Roseburg Forest Products is developing its own $35 million golf and ski resort midway between Redding, Calif., and Reno, Nev.  

That project faces fewer hurdles because it on private land, and is closer to the lucrative San Francisco Bay Area and Los Angeles markets. 

WASHINGTON — The Senate could consider a proposal from Sen. Ron Wyden, D-Ore., as early as next week to provide $175 million in aid for the drought-stricken Klamath region. 

The measure is part of a Democratic amendment package to the $170 billion farm bill, Wyden’s office said Friday. 

The funding would be doled out over four years starting after October 2002. Specifically, $30 million will go to the region’s four tribes — the Klamath, Yurok, Hoopa and Karuk. 

Wyden’s legislation would also establish an interagency task force, headed by the Agriculture Department, to specify how the funding is used and to create a draft five-year plan about how to fix the region’s water issues. 

Sen. Gordon Smith, R-Ore., and other parties have not signed off on Wyden’s proposal yet. Smith’s spokesman Chris Matthews said the Oregon and California senators’ offices are still working with the stakeholders to come up with a provision “that is acceptable to everyone.” 

Six or seven years out of every decade, the Klamath Basin on the California-Oregon border doesn’t have enough water for its wildlife, farmers and ranchers. 

The region’s interest groups, as well as lawmakers and government agencies, have been grappling for solutions after this year’s particularly dry summer heated tensions in the region. 

Senate Majority Leader Tom Daschle, D-S.D., wants to have the farm bill ready for President Bush’s signature by year’s end, but prospects are dimming that lawmakers can work out their differences on a variety of issues. The Senate started debate on the bill Wednesday and put off votes until next week. 

The Republican-controlled House passed a different version of the farm bill earlier this fall. 

For Klamath, “Senator Wyden sees this as one of the last trains leaving the station,” his spokeswoman Lisa Wade Raasch said. 

GOSHEN, Ind. — The suicidal factory worker who gunned down a co-worker and wounded six others was involved in a “love triangle” at work, co-workers and police said Friday. 

Robert Wissman, 36, was having a problem with a male employee over a female co-worker, Police Chief Terry Schollian said. Neither employee was among those wounded, but police refused to release other details. 

After telling his boss he had not slept in three days, Wissman was asked to leave the Nu-Wood Decorative Millwork factory Thursday. He came back twice, the second time with a gun. 

Wissman fired 16 rounds, wounding other employees and killing manager Greg Oswald before taking his own life, police said. 

Workers described a scene of horror, saying Wissman fired haphazardly and did not aim at co-workers standing just a few feet away. 

“It was just chaos — people screaming and running, shots being fired,” Rutledge said. 

Misty Rushing said she sought cover under a desk in a small office when the shooting began. 

“I just saw him standing there with a shotgun, and I hit the floor,” she told The Indianapolis Star. “You couldn’t hear anyone screaming. He was just firing. He was just loading and unloading, loading and unloading.” 

Nu-Wood production manager Ed Rutledge said Wissman was involved in a “love triangle” and had been “acting funny” in the week before the shootings. 

“I could see it in his eyes. There was something going on in his head,” said Rutledge, 41. 

Wissman was a registered gun dealer who ran a business from his home, though he mostly focused on gun repairs, said Chris Sadowski of the Bureau of Alcohol, Tobacco and Firearms in Columbus, Ohio. 

“He was a very low volume dealer. He sold very few weapons during the course of his business,” Sadowski said. Wissman filed for bankruptcy protection in 1998, according to court records. 

Oswald had three children and a stepson. His former wife, Missy Oswald, told The Goshen News that Oswald was a “great father.” 

“He was always there for his children,” she said. 

Lyn Brubaker, 31, who used to live above Wissman, said he was kind and talked frequently to her husband. She said he kept a large boa constrictor in his closet and lived with his mother. 

He was also interested in hunting, fishing and guns. 

“He didn’t seem obsessed about it,” Brubaker said. 

Elkhart County Sheriff’s Capt. Julie Dijkstra said Wissman had apparently just been fired or was about to be fired before he left the simulated-wood products factory. He was found dead from an apparently self-inflicted gunshot wound with a shotgun under his body. 

Of the wounded, a 27-year-old man was listed in critical condition Friday and a 52-year-old man was in serious condition. Two others remained hospitalized. 

Authorities were investigating reports that managers had warned employees to be on the lookout for Wissman. Sheriff’s deputies said they could not confirm whether managers may also have warned authorities. 

Michael Cardoza, who wore a patch over his left eye where he had been shot, said management and police should have reacted differently. 

“My feeling is if they got threatened, they should have shut down,” he said. 

——— 

On the Net: http://www.nu-wood.com 

JACKSONVILLE, Fla. — Eighteen more people have been indicted on conspiracy charges in the $20 million scam of McDonald’s promotional games bringing the total to 51, the U.S. attorney’s office said Friday. 

Many of the indictments are for the theft and distribution of high-value game pieces from Monopoly, Who Wants to be a Millionaire and other games. 

“It’s not over yet, either,” said Steve Cole, spokesman for the U.S. attorney’s office. 

The 18 suspects are accused of conspiracy to commit mail fraud, which carries a maximum sentence of five years in prison, a $250,000 fine and restitution. 

Prosecutors allege that as far back as the late 1980s, Jerome Jacobson, director of security for Simon Marketing Inc., embezzled more than $20 million worth of high-value winning McDonald’s game pieces from his employer. 

The indictment also alleges he then distributed the winning game pieces to individuals who personally redeemed the game or recruited others to redeem the pieces for prizes, some valued at as much as $1 million.

LOS ANGELES — Once a model of good management, the LA Dodgers lost more money than any other team in Major League Baseball last season, according to financial information released by team owners. 

Much of the league’s financial data is hidden by a confidentiality agreement among the owners. But new numbers released by owners Thursday indicate the Dodgers lost $68.9 million on revenue of $143.6 million during the 2001 season. 

If the figure is accurate, it amounts to 20 percent of the league’s total 2001 losses of $344.7 million, and represents more money than the total payrolls of 14 of the other 29 teams. 

Representatives of the Dodgers directed calls to Bob Starkey, an outside financial consultant, who did not immediately return calls. 

The news of the overall major league losses caused owners to call once again for a cap on players’ salaries, even as it was reported that the New York Yankees were offering free agent Jason Giambi a seven-year deal for about $120 million. 

However, Steve Fehr, a players union representative, said the financial data released was incomplete and open to interpretation. 

During Congressional hearings Thursday examining Major League Baseball’s antitrust exemption, some members of the House Judiciary Committee expressed frustration at the incomplete financial picture given by the owners, which didn’t include such information as their own salaries and fees. 

What is clear from the numbers is that the Dodgers lost more money than any other team, despite drawing 3 million fans, and that the team spent $4 of every $5 it made on player salaries. 

Since News Corp. purchased the team in 1998, the Dodgers have improved revenue dramatically, to a reported $143 million this year — eighth best in the league. 

But payroll expenses have risen even more. 

At $116 million, the Dodger’s payroll is second only to the $118 million spent by the New York Yankees and Boston Red Sox. 

“When a team spends that amount of money, you’d expect them to benefit from going to the playoffs,” said Jeffrey Phillips, a sports specialist and senior vice president at the investment banking firm Houlihan, Lokey, Howard and Zukin. 

The World Series generated a total of $29 million to be split by the New York Yankees and Arizona Diamondbacks this year.  

That’s money the Dodgers never got close to, Phillips said. 

The Dodgers also generated broadcast rights worth only $27.3 million. While larger than that produced by most other teams, the amount falls short of the Yankees’ $56.8 million and the $31 million of the Chicago White Sox. 

David Carter, principal of the Sports Business Group, a marketing and consulting firm in Los Angeles, said the Dodgers’ high payroll includes millions of dollars of deferred salaries. 

Players who have retired, or have been injured or cut, are still drawing salaries even though they no longer play for the team. The situation hurts the team’s ability to put more talent on the field, he said. 

The Dodgers are also hamstrung by the second oldest stadium in the National League, which doesn’t allow the same revenue generating opportunities as newer ones with state-of-the-art luxury boxes, Carter said. 

In addition, the Dodger brand has been hurt by Fox’s purchase of the team from Peter O’Malley. Many fans balked at a media corporation buying the family owned team. 

“The overall reverence of the team is no longer as strong,” Carter said. 

ATLANTA — EarthLink Inc. said Friday it has agreed to buy the assets of bankrupt OmniSky Corp. for $5 million, making the wireless services provider the latest to fold under the pressure of heavy debt and a scant customer base. 

The deal calls for EarthLink to purchase the San Francisco-based OmniSky’s 32,000 subscriber accounts, its application platform and other infrastructure needed to continue OmniSky’s existing service. 

The purchase is subject to approval by the U.S. Bankruptcy Court in San Francisco, where OmniSky plans to file for Chapter 11 protection next week. OmniSky, which began seeking a buyer in October, still could be sold to a higher bidder. 

OmniSky’s demise is the latest in a string of wireless providers that have flopped financially. 

On Thursday, Westboro, Mass.-based Arch Wireless filed for bankruptcy protection, hampered by $2 billion in debt. 

The same day, New York-based YadaYada Inc. announced that it had ended service. YadaYada was launched in October 2000, backed by several prominent investors including former General Electric chief executive Jack Welch and former vice presidential candidate Jack Kemp. 

The OmniSky deal will help Atlanta-based EarthLink expand its offerings for non-PC Internet customers, said Lance Weatherby, executive vice president of the company’s “EarthLink Everywhere” initiative. 

“I look at their company and I say, ‘Wow, they’ve got a great product,”’ Weatherby said. “They have a bit of a scale problem. They didn’t get big enough, fast enough to turn a profit. And at EarthLink, we have scale.” 

EarthLink has about 4.8 million subscribers. 

The company believes wireless access will represent about $100 million in annual revenue by 2003, Weatherby said, declining to disclose how many new subscribers EarthLink plans to have next year. The OmniSky service will be marketed as EarthLink. 

OmniSky lost $33.9 million on revenue of $5.4 million in the second quarter, and asked the Securities and Exchange Commission for permission to delay its third-quarter report pending its reorganization. The company laid off 100 employees in October. 

Shares of EarthLink fell 85 cents to close at $13.80 in trading Friday on the Nasdaq Stock Market. 

——— 

On the Net: 

http://www.earthlink.net 

http://www.omnisky.com 

SAN FRANCISCO — The Packard family’s charitable foundation plans to vote its 10.4 percent stake in Hewlett-Packard Co. against the $25 billion acquisition of Compaq Computer Corp., a severe blow for the deal and HP leader Carly Fiorina. 

The decision means that Hewlett and Packard family interests with about 18 percent of HP shares are lined up against the deal, which will require the majority of votes cast to win approval. More importantly, analysts believe many shareholders on the fence will be heavily influenced by the Hewlett and Packard families. 

“I don’t know how they dig out from underneath this,” said analyst Rob Enderle of the Giga Information Group. “I think for all practical purposes, the merger is dead.” 

Foundation chairman Susan Packard Orr, a daughter of HP co-founder David Packard, said in a statement Friday that “after thorough study and analysis the board has preliminarily decided, on balance, that the best interests of the foundation would be better served by Hewlett-Packard not proceeding with the proposed transaction.” 

The foundation is the single largest HP shareholder. 

HP spokeswoman Rebeca Robboy said the company was disappointed but still firmly committed to the deal. She said HP would keep stressing the deal’s potential benefits to the public in hopes of persuading the Hewlett and Packard heirs to change their minds. 

“We continue to believe that this merger is the one best way to deliver the earnings growth our shareowners expect and our employees deserve,” she said. 

The news pleased HP investors. HP shares rose 19 cents to $23.52 on the New York Stock Exchange before the announcement, and added $1.63 to reach $25.15 in after-hours trading. Compaq gained 21 cents to $11.32 in regular trading, then dropped $1.31 to $10.01 after hours. 

The $6.4 billion Packard Foundation, based in the suburb of Los Altos, has the vast majority of its holdings in HP stock. Its trustees include three daughters of HP co-founder David Packard, plus former HP chief executive Lew Platt and former chief operating officer Dean Morton. 

The foundation does not include Packard’s only son, David W. Packard, who had already announced his opposition to the deal along with HP board member and heir Walter B. Hewlett last month. Hewlett has been gearing up for a proxy fight over the merger by filing several critical reports with the Securities and Exchange Commission. 

Walter Hewlett said Friday he has been meeting with other HP shareholders and has found “sizable and widespread opposition to this transaction.” 

“All signals have been negative for this transaction,” he said in a statement. 

Fiorina met with the Packard Foundation’s board this week to lobby for the support of the trustees, who also sought counsel from outside advisers. 

Palo Alto-based HP and Houston-based Compaq believe they could form a behemoth to rival IBM, with increased ability to define high-tech industry standards. Executives say Compaq would double HP’s services business, add heft to its lineup of computer servers and improve the cost structure of its struggling personal-computer division. 

Critics say Compaq, which is losing money, would too strongly dilute HP’s profitable printing business and increase its exposure to low-margin personal computers and high-tech support. Even some analysts and investors who see merits to the deal believe the complex integration of Compaq and HP is too risky to attempt. 

Other opponents have accused Fiorina of losing sight of the company’s core principles, the fabled “HP Way.” David Packard in particular has said he was distressed by management’s plans to cut 15,000 jobs after the deal closes. 

“This clearly sets the tone for some fairly bitter battling,” said Martin Reynolds, a research fellow at Gartner Dataquest. “It puts the HP board on the spot in investing in a campaign (for votes). It’s going to be tough to convince people.” 

Earlier Friday, the HP executive overseeing the complex combination said HP can affirm its traditional principles and improve its future prospects with the deal. 

Webb McKinney, a 32-year HP veteran, said the HP Way has always held that change is essential for the company, and he added that debate over it is nothing new. When HP stopped providing free doughnuts for employees in the 1980s, many people complained it was the end of the HP Way, he said. 

“There are a lot of misrepresentations about Carly and the HP Way,” McKinney said in an interview. “A lot of people come to HP on a quest for finding out what the HP Way is, like there’s a tablet somewhere. The corporate objectives change every few years. It’s always been an evolution. ... We will continue to change with or without the merger.” 

He declined to speculate how HP would be affected if the Compaq deal were to fall through, saying management expects shareholder approval despite opposition from the heirs. 

Although HP and Compaq must continue to operate as competitors and separate organizations until the deal gets shareholder and regulatory approval, McKinney and Compaq’s chief financial officer, Jeff Clarke, speak daily and meet regularly to plan the integration. 

——— 

On the Net: 

Companies: 

http://www.hp.com 

http://www.compaq.com 

Packard Foundation: 

http://www.packard.org

SACRAMENTO — The state has paid the first installment on the $955 million it owes the managers of California’s power grid for electricity bought between Jan. 17 and July 31. 

The Independent System Operator received a $404 million payment Thursday that covers power bought by the ISO for the state Department of Water Resources in February, said Stephanie McCorkle, an ISO spokeswoman. 

Since January, the water department has bought electricity for the customers of three California utilities. High prices plunged Pacific Gas and Electric Co., Southern California Edison and San Diego Gas and Electric Co. into financial trouble. 

The water department bought some of its electricity through the ISO, and billions of dollars more directly from power sellers and generators. It has not been reimbursed for most of those purchases. 

“Now that cash is flowing,” power companies that sell to California have growing confidence they will be paid, McCorkle said Friday.

The ‘check engine’ light  

actually means something 

Dear Tom and Ray: 

I have a 1996 Oldsmobile 88 with 66,000 miles on it. At about 50,000 miles, the "check engine" light came on and stayed on until I took it to the dealer. $58 later, they told me the problem was a loose gas cap. They turned out the light, but it came on again about 5,000 miles later. Not wanting to be their cash cow, I ignored it, and it went out on its own a week or two later. Last week, it came on again for a few days and then went off. I hate to make these $58 trips, but am I damaging anything by ignoring this “on and off” problem? – Morry 

RAY: Well, you might be damaging the environment, Morry, if not your car. 

TOM: The "check engine" light comes on when one of the car's electronic sensors detects a problem. And most of the sensors are related to the car's pollution-control system. 

RAY: There are a few “check engine” problems that could cause expensive damage if you don't fix them, but many are non-emergency items and can be taken care of at your earliest convenience. 

TOM: For $58, your mechanic “scanned” your car (read the stored trouble codes in the computer) and found that the pressure sensor in the gas tank was indicating low pressure. The reason this is a problem is because it indicates that gasoline vapors are escaping. And a loose gas cap could cause that. 

RAY: Needless to say, seeping gasoline vapors are bad for the environment -- and bad for anybody who happens to be lighting up a Tiparillo near the back end of your car. 

TOM: So here's what I'd do next, Morry. I'd take another shot at the gas cap. Maybe it's loose because it has a bad seal. So get a new one. It costs $10 if you buy one. Less if you steal one. And it's worth a try. 

RAY: If the light continues to come on, then you need to scrape up another 58 bucks and have your car scanned again. The "check engine" light could be coming on for a completely different reason this time. And you won't know that unless you plug it into the computer and scan it. 

TOM: If it's still pointing to a pressure problem in the gas tank, then it's probably a leak in your evaporative emissions system. And your mechanic will have to address that. Good luck, Morry.  

Terminal help 

Dear Tom and Ray: 

In the 1950s and '60s, I spent a fair amount of time in Ford V-8s with my friend Herb Johnson. When one of these Fords wouldn't start because of a low battery combined with a Minnesota winter morning, Herb would fetch a 50-cent piece from his pocket, reach under the dash and touch it across two terminals on something. This would cause the engine to start. Which terminals were involved? Why did this work? I always wondered, but I had too much pride to ask. I secretly hoped that he thought I knew how to do the same thing. -- John 

TOM: You know, every woman reading this column today is shaking her head right now in sad recognition. You've been wondering for 50 years because you were too damn proud to ask. 

RAY: So let this be a lesson to the young men in our audience today. Never keep quiet in the face of unknown phenomena. Show some courage. If you see something you don't understand, don't keep quiet. Immediately accuse your friend of ruining the thing. That way, he'll be forced to explain to you what he's doing, while you maintain your all-important male dignity. 

TOM: I don't think old Herb was doing much of anything, John. He was basically hot-wiring the car. In the '50s and into the early '60s, most ignition switches were on the dashboard. If you reached behind the dash, you could touch the exposed wires of the ignition switch. And if you knew what you were doing, you could identify the solenoid wire and the hot wire, and could bridge them to engage the starter. You'd still need the key in the "run" position for the car to actually start, but I assume Herb had the key. 

RAY: Why he reached behind the lock and jumped the wires instead of turning the key to the "crank" position, I don't know. It doesn't make any sense to me, and I can't think of any advantage it offers. 

TOM: Maybe his key would get stuck in the cold weather and wouldn't turn to the crank position? 

RAY: Maybe this gimmick was an old myth his father had passed down to him, and he was too proud to ask his father why he did it? 

TOM: Or maybe he just wanted to impress his friend, who he knew would be too cool to ask what the hell he was doing? 

RAY: If that was his goal, it worked, John. Ask next time, will you?  

*** 

Dear Tom and Ray: 

We recently bought a used 1997 Toyota Avalon, which we love, but we are concerned about one minor problem. When you first start the car and for about the first five minutes of driving, the turn signal will not work at all. After that, it works perfectly. I can replace the flasher relay myself if that is all it needs, but I don't want to spend $45 on the part to find out that it isn't the problem. I also don't want to pay my dealer $50 to tell me it's my flasher relay. Since sticking my arm out the window won't sit well with my wife in January, could you tell me if you've run across this problem before? -- Ray 

TOM: Yes. And it's usually the flasher relay. 

RAY: I'd take the chance and buy one, Ray. It should solve the problem. By the way, that'll be $80. You did read the fine print at the bottom of our column, didn't you?  

***

The City Council decided Tuesday to approve three sections of the Draft General Plan by Dec. 18. 

Despite the protests from some councilmembers, who said there was not enough time to properly consider more than two elements of the nine-element document, the council voted 5-4 to approve three before the end of the year. 

Moderates on the council – Mayor Shirley Dean and councilmembers Polly Armstrong, Betty Olds and Miriam Hawley – proposed a recommendation that originated with the planning department staff calling for limiting the discussion this year to the housing and land use sections of the plan, which will guide Berkeley’s development for the next 20 years.  

But after listening to numerous comments from the public and hearing two planning commissioners ask for speedy approval of the draft plan, progressive councilmembers prevailed and added the transportation element to the list.  

The council is required by the state to approve only the housing element by the end of the year. 

In addition, the council unanimously approved four amendments to the draft housing section of the plan. They included some alterations to the language of a policy to urge the University of California Regents to build more student housing and a policy to review annually the rate of new housing developed in Berkeley. 

Councilmembers also agreed they would submit other proposed amendments to the plan in writing by noon today. They will be considered at next Tuesday’s council meeting. 

Explaining why she wanted to include the transportation element discussion with housing and land use, Councilmember Linda Maio argued that the policies of the three sections are closely linked. Approving those parts of the plan together means the document will more likely remain internally consistent, she said.  

However, Senior Planner Andrew Thomas had some concerns about the council amending various elements of the draft plan. During a presentation prior to the vote Thomas warned that amending individual sections of a draft plan could unintentionally create competing policies, which would render the document illegal by state standards. 

Among the proposed amendments is one by Maio to amend the housing element in a way that would put affordable housing and open space on an equal footing as preferred uses for the Santa Fe Right of Way. Formerly accommodating railroad tracks, the Santa Fe Right of Way is a narrow undeveloped strip that stretches 14 blocks across west Berkeley from Russell Street to Virginia Street. 

Dean said she has “serious concerns” about the amendment, noting that the draft plan makes no mention of the Public Parks and Open Space Preservation Ordinance, also known as Measure L, approved by voters in 1986. The ordinance doesn’t allow development on designated open space without voter approval.  

“There is no mention of Measure L in the draft plan and that really dismays me,” Dean said.  

But Maio said Dean is either shrewdly misrepresenting Measure L or misunderstands it. 

“That’s either a red herring or there’s no basis for it,” Maio said. “We shouldn’t be pitting affordable housing advocates against open space advocates. A real leader would be forming a coalition to put affordable housing, bicycle paths and urban gardens in the Santa Fe.” 

Maio added that there’s no need for housing advocates and open space advocates to disagree about because much of the narrowly shaped property doesn’t lend itself to affordable housing development.  

Deputy City Attorney Zach Cowan said Measure L would not address development on the right-of-way because the council never designated the city-owned land as open space. 

During the discussion on whether to include the transportation element in the approval process this year, former AC Transit board member Miriam Hawley, argued that several issues in the transportation element needed further discussion, such as the controversial two-year moratorium on parking studies downtown, the use of out-of-date bus ridership statistics and a poor explanation of a proposed shuttle system. 

“There’s a lot in here that the council still needs to talk about,” she said. “I would feel more comfortable if we didn’t rush on this, especially given the controversy over the parking moratorium.” 

During the City Council’s public hearing on the draft plan, more than 50 people, mostly downtown business owners and people who work in the downtown area, called the moratorium, designed to promote public transportation, unfair and imprudent. 

Dean said the approval process was being rushed. “I don’t understand why we have to be jammed on the transportation element,” she said. “The Planning Commission has had the plan for three years and we’ve had it for only three months.” 

Some of the other issues the council is expected to consider next Tuesday are the inclusion of the city’s 1997 Transit First Policy into the draft plan, height limits along transit corridors and affordable housing density bonuses. 

Thomas said the council shouldn’t worry too much if each of the draft plan’s 600 policies are not reviewed before the document is approved.  

“The beauty of this document is that it’s designed for flexibility,” he said. “There’s a built-in annual review and the council can make multiple amendments up to four times a year.” 

Friday, Dec. 7

PEN Oakland & Literature  

Without Borders Present  

“War & Peace” 

5:30 - 8 p.m. 

Pro Arts 

461 9th St., Oakland 

Issues of War and Peace through poetry, and prose from Bay Area authors. 525-3948, kimmac@pacbell.net. 

Lunchtime Lecture 

12 p.m. 

City Commons Club 

2315 Durant Ave. 

UC Berkeley Professor Hatem Bazian discusses U.S. relations in the Middle East. $1 admission with coffee, $11 - $12.25 admission with lunch. 

Dunsmuir Historic Estate  

Holiday Season 

11 a.m. - 5 p.m. 

2960 Peralta Oaks Ct., Oakland 

Volunteers have transformed the 50-acre estate and the 1899 mansion into a holiday event. 925-275-9595, www.dunsmuir.org. 

Burning out in the melting  

pot: Asian/American youth  

facing the golden dilemma 

12:15 - 1:30 p.m. 

PANA Institute Office 

Pacific School of Religion 

Holbrook 210 

1798 Scenic Ave. 

Prof. Martin Verhoeven, of the Institute for World Religions, will lead the discussion. Informal brown bag lunch. 849-8244, www.psr.edu. 

Civil Liberties Talk 

7 p.m. 

AK Press 

674-A 23rd St., Oakland 

A radical reading of civil liberties. Author Christian Parenti and filmmaker Jose Palafox speak about dissent, blowback, security, surveilance and policing. 208-1700, molly@akpress.org. 

Silent Auction to Break the 

Silence: Through the Eyes of  

the Judged 

6 - 10 p.m. 

Downtown Oakland YWCA 

1515 Webster St. 

A benefit for the Prison Activist Resource Center featuring speakers, music, food. $10-40, no one turned away for lack of funds. 893-4648 x108 

Saturday, Dec. 8

31st annual KPFA Community  

Crafts Fair 

10 a.m. - 6 p.m. 

The Concourse 

8th & Brannan streets 

220 juried craftsmakers & artists show their best work in a mellow ambiance offering natural foods from many cultures, world music & dance performances & wise speakers. $7, Benefits KPFA Free Speech Radio. 848.6767 x609 www.kpfa.org 

Permaculture Class 

10 a.m. - 1 p.m. 

Ecology Center 

2530 San Pablo Ave. 

An extensive introductory course in the fundamentals for creating sustainable human environments. $15 non-members, $10 members. 548-2220 x233 

Telegraph Area Association  

Special Day 

2-4 p.m. 

Blackberry Ginger Cafe 

2520 Durant Ave. 

Open house. Mayor Shirley Dean and Councilmember Kriss Worthington will proclaim December 8 a day to honor founding members of the Association Board. Refreshments; music by the Rhythm Kitchen band. Free. 649-9500 

Women of Color Resource  

Center Presents A New Film  

from South Africa 

2:30 p.m. reception 

3:30 p.m. showing 

Health Education Center 

400 Hawthorne St., Oakland 

“Shouting Silent” by Xoliswa Sithole explores the South African HIV/AIDS epidemic as seen through the eyes of the filmmaker, an adult who lost her mother to HIV/AIDS in 1996. The film will be followed by a panel discussion. $5 -$10, 848-9272, www.coloredgirls.org. 

Kids Toys Event 

Noon - 2 p.m. 

This Little Piggy 

1840 Fourth St. 

Family activities in the store: interactive play for boys and girls using new Woodkins paper dolls, snowflake making, and piggy cookies. Free. 981-1411. 

Berkeley Farmers’ Market  

Holiday Crafts Fair 

10 a.m. - 4 p.m. 

Martin Luther King, JR. Civic Center Park 

Fair will include organic produce, handcrafted gifts, live choral music, massages, and hot apple cider. 548-3333, www.ecologycenter.org 

– Compiled by Guy Poole 

In Thursday’s Daily Planet, the letter “Amendment would create open space” was mistakenly attributed to Peter Lydon. In fact, the letter was written by David Eifler. Lydon’s letter follows. 

It’s Nutcracker season – that time of year when the classically timeless story is performed throughout in the Bay Area in many different forms. It doesn’t matter that it’s Russian in origin, or that companies have taken creative liberties with the setting, period or choreography since the San Francisco Ballet introduced this work to Americans years ago. Everyone loves the Nutcracker story. 

It’s sort of like Dorothy and the Wizard of Oz. Families love the Stahlbaum family, the kids: Fritz, Louise, Marie and the other characters. “It’s a holiday story, with a lot of fantasy, colors, and music,” said Denise Brown, a fourth-grade teacher at LeConte Elementary School. 

“People might not want to go the movies, they might want something special, so it provides that extra fun experience,” says Elizabeth Godfrey, the artistic director at the Berkeley City Ballet. 

Even with all the various versions of the Nutcracker ballet, people often attend more than one performance. 

There is the Dance-a-long Nutcracker, Dance Brigade’s Revolutionary Nutcracker Sweetie, Mark Morris’ “The Hard Nut,” Oakland Ballet, San Francisco Ballet and the Berkeley Ballet Theatre, which produces a more contemporary performance. 

Berkeley City Ballet has a much larger production of the Nutcracker than the Berkeley Ballet Theatre, however, BBT is housed at the Julia Morgan Theatre so it has a longer run than BCB, which doesn’t have a large theatre space at their studios at 1800 Dwight Way. This 28-year-old company was honored last month by the city. In fact, November was Berkeley Ballet Company month. 

BCB’s Nutcracker performs Saturday, Dec. 8 and Sunday, Dec. 9. Both performances are at 2 p.m. at the Berkeley Community Theatre on the Berkeley High campus (510) 841-8913, or www.berkeleycityballet.org. The company then moves on to Ohlone College in Fremont the following week, Dec. 15-16, for four shows, 2 p.m. and 7 p.m. each day.  

The sixth season of Mark Morris Dance Group’s “The Hard Nut” also opens this weekend, and continues through next week. Bells will ring and holiday magic will fill the air at Zellerbach Hall on Friday, Dec. 7 until Sunday, Dec.16.  

Morris’ work always has a certain lyricism and playfulness inherent in every gesture, turn, leap and bow no matter what the theme. Dance is married to music, and a happy couple they are no matter the occasion, no matter how wicked the evil Rat Queen who has disfigured the young Princess Pirlipat, just one of the many stories within the E.T.A. Hoffmann’s “The Nutcracker and the Mouseking.” 

Cal Performances director, Robert Cole, conducts members of the Berkeley Symphony Orchestra and the UC Berkeley Women’s Chorale in Tchaikovsky’s complete Nutcracker ballet score. Tickets are $28.00, $38.00 

and $52.00.  

Morris said that the music is the genesis behind everything he does. “Music is 

what I like the best,” he said. “And because of that, I make up dances. 

I probably wouldn’t do it otherwise. Every dance I do is because of a piece of 

music I love and I decide it would make a good dance.” 

What do you like most about the Hard Nut, and Berkeley audiences? 

“The party is great and the dancing is looking great this year. I like the 

Flower number (a waltz) and the Snow number (dancing snowflakes.) It’s a big 

project to put together. A lot of people are involved -- 35 dancers, (plus) 

musicians and stage crew. It’s pretty frenzied but we did it very smoothly at 

the rehearsal, but it’s kind of exhausting. We do it each year (because) it 

seems to be a lot of people’s favorite work. I like the scale of it, and 

it’s very lively.” 

Productions like Morris’ Hard Nut and the BCB Nutcracker production bring 

people of all ages and backgrounds together to share a great theatrical experience. 

What’s unique about BCB is the fact that many Berkeley Public School students 

and alumni dance each year, like Denise Brown’s daughter Sarah Real (12) and 

Associate Artistic Director, Andrea Gaudet, a Berkeley High School alumnus.  

“Because we come here (a lot) our audiences are very much aware of 

what’s going on,” Morris says. “The more people know the more they 

can get out of it, so it’s a relationship that has been built up over the 

years. And it’s also a big mix of people you know. Which is wonderful – 

we a lot of kids who come, and then there’s a school here, music types and San 

Franciscans. It’s kind of great.” 

When asked why he thought the Nutcracker was such a perennial favorite Morris 

admitted that he wasn’t sure, especially since overseas, ‘Nutcracker 

fever” is nothing compared to the US, however, he admitted that the 

Nutcracker’s a ritual that doesn’t seem to be going anywhere too soon, 

even if the Hard Nut will take a short hiatus next year. 

“My show isn’t exclusively for kids at all, but it’s a good way to 

get young people to start watching the theatre, because it’s fun, it’s 

good and you know what’s going to happen.” 

Morris says that he grew up listening to music, dancing and singing and that he 

believes that all “kids dance,” but that “he continued because 

early on he knew that was what he wanted to do, that he enjoyed watching dance to 

live music.”  

He says that initially when he first conceived the Hard Nut, he choreographed with 

specific company members in mind, however that has changed over the past 12 years of 

this production, however, “a few people are in the same parts they were back 

then. 

Morris keeps his vision fresh he says by remaining interested. “I love what I 

do, and if I didn’t love to do it. I wish I would be smart enough to quit. 

I’m not exhausted of this at all, new projects, listening to music and 

traveling, performing. It’s a great job.”  

Nutcracker magic’s in the air this weekend, so why not sprinkle a little on? 

924 Gilman Dec. 7: Har Mar Superstar, The Pattern, The Blast Rocks, Your Enemies’ Friends, Hate Mail Express; Dec. 8: Scurvy Dogs, Nigel Peppercock, Shut The Fuck Up, Offering To The Sun, Voetsek; Dec. 9: Poison The Well, Unearth, Sworn Enemy, Spark Lights The Friction; Dec. 14: Hot Water Music, American Steel, F-Minus, Trial By Fire; Dec. 15: Strung Out, Limp, The Frisk, The Deadlines, The Creeps; Dec. 16: 5 p.m., Good Riddance, Missing 23rd, Downway, Audio Crush; Dec. 21: Kepi, Bonfire Madigan, Kevin Seconds; Dec. 22: The Lab Rats, Onetime Angels, A great Divide, Last Great Liar, Gabriel’s Ratchet; Dec. 23: 5 p.m., Over My Dead Body, Panic, Breaker Breaker, Some Still Believe; All shows start a 8 p.m. unless noted; Most are $5; 924 Gilman St. 525-9926 

The Albatross Pub Dec. 11: Mad & Eddic Duran Jazz Duo; Dec. 13: Keni “El Lebrijano”; Dec. 15: Larry Stefl Jazz Quartet; Dec. 18: Panacea; Dec. 19: Whiskey Brothers; Dec. 20: Keni “El Lebrijano”; Dec. 27: Keni “El Lebrijano”; All shows start at 9 p.m., 1822 San Pablo Ave. 843-2473  

ACME Observatory Contemporary Performance Series Dec. 9: 8 p.m., The Toids; $0 - $20, TUVA Space, 3192 Adeline. 649-8744, http://sfsound.org/acme. html. 

Anna’s Dec. 7: Anna and Ellen Hoffman on piano; 10 p.m., Bluesman Hideo Date; Dec. 8: Jazz Singer Robin Gregory, Bill Bell at the piano; 10 p.m., The Distones Jazz Sextet; Dec. 9: Choro Time; Dec. 10: Renegade Sidemen w/ Calvin Keyes; Dec. 11: Singers’ Open Mike #2; Dec. 12: Bob Schoen Jazz Quartet; Dec. 13: Rev. Rabia, The Blueswoman; Dec. 14: Anna and Mark Little on piano; 10 p.m., Bluesman Hideo Date; Dec. 15: Jazz Singers Vicki Burns and Felice York; 10 p.m., The Distones Jazz Sextet; Dec. 16: The Jazz Fourtet; Dec. 17: Renegade Sidemen w/ Calvin Keyes; Dec. 18: Tangria Jazz Trio; Dec. 19: Bob Schoen Jazz Quartet; Dec. 20: Jazz Singers’ Collective; Dec. 21: Anna and Percy Scott on piano; 10 p.m., Bluesman Hideo Date; Dec. 22: Jazz Singer Robin Gregory; 10 p.m., The Distones Jazz Sextet; Dec. 23: Jazz Singer Ed Reed; All music starts 8 p.m. unless noted. 1801 University Ave., 849-2662. 

Cal Performances Dec. 19: Berkeley Symphony, $21 - $45; Zellerbach Hall, UC Berkeley Campus, Bancroft Way at Telegraph, 642-0212 tickets@calperfs.berkeley.edu 

Eli’s Mile High Club Every Friday, 10 p.m. Funky Fridays Conscious Dance Party with KPFA DJs Splif Skankin and Funky Man. $10; Dec. 16: 3-8 p.m., Beverly Stovall Benefit, Jimmy McCracklin, JJ Malone, Jimi Mamou, Johnny Talbott. $10. 3629 Martin Luther King Jr. Way, Oakland. 655-6661 

Freight & Salvage Coffee House Dec. 6: Ray Bonneville; Dec. 7 & 8: Rebecca Riots; Dec. 9: Patrick Landeza; Dec. 10: John Wesley Harding, David Lewis & Sheila Nichols; Dec. 12: Stacey Earle & Mark Stuart; Dec. 13: Kevin Burke; Dec. 14: Dale Miller; Dec. 15: Robin Flower & Libby McLaren; Jan. 6: Allette Brooks. All shows begin 8 p.m., 1111 Addison St. Call 548-1761 for prices or see www.freightandsalvage.org.  

Jazzschool/La Note Dec. 9: 4:30 p.m., Rhiannon with Bowl Full of Sound, $6 - $12, reservations recommended. 2377 Shattuck Ave. 845-5373 www.jazzschool.com 

Julia Morgan Theatre Dec. 23: 7:30 p.m., an evening of Irish music and dance with Todd Denman and friends. $10, $5 children; Dec. 31: 8 p.m., New Year’s Eve Gala Concert, Program of classical favorites of the San Francisco Chamber Orchestra; Jan. 12: 8:p.m., “Club Dance,” Teens come together to express their individual personalities and gifts as dancers. $10, Students and Seniors $6, Children ages 5 and under $6. Julia Morgan Theatre, 2640 College Ave., 845-8542, www.juliamorgan.org. 

Jupiter Dec. 6: Joshi Marshal Project; Dec. 7: AVI Bortnick Group; Dec. 8: Harvey Wainapel Quartet; Dec. 12: Mushroom; Dec. 13: Joshi Marshal Project; Dec. 14: Broun Fellini’s; Dec. 15: Norah Jones and Jim Campilongo; Dec. 19: Spectraphonic; Dec. 20: Joshi Marshal Project; Dec. 21: Crater; Dec. 22: Post Junk Trio; Dec. 27: Joshi Marshal Project; Dec. 29: Berkeley Jazz School Presents: Kirk Tamura Trio; All shows are free and begin at 8 p.m. unless noted. 2181 Shattuck Ave., 843-7625, www.jupiterbeer.com. 

La Peña Dec. 7: 8:30 p.m., John Calloway & Diaspora, $12; Dec. 8: 9:30 p.m., Dr. Loco’s Rocking Jalapeño Band, $10; Dec. 9: 3:30 p.m, Café Domingo de Rumba, Free; Dec. 9: 7:30 p.m., Trio Altamira Reunion Concert, $12-$14; Dec. 14: 8 p.m., Holly Near, $15-$17; Dec. 16: 5 p.m, Flamenca Community Juerga, Free; Dec. 16: 7 p.m, Modupue & UpSurge, $8; Dec. 23: 3:30 p.m, Café Domingo de Rumba, Free; La Peña, 3105 Shattuck Ave. 849-2568, www.lapena.org 

“Music on Telegraph” Dec. 8: Jonah Minton Quartet, Julie’s Healthy Cafe, 2562 Bancroft; Dec. 9: Hebro, Blakes, 2367 Telegraph Ave.; Dec. 15: Thelonious On The Move, Bison Brewing, 2598 Telegraph Ave.; Dec. 16: Howard Kadis, Musical Offering Cafe, 2430 Bancroft; Dec. 22: Kaz Sasaki Duo, Blackberry Ginger, 2520 Durant; Dec. 23: Almadecor, Ann’s Kitchen, 2498 Telegraph Ave.; All shows 2 - 4 p.m., Free. 

Rose Street House Dec. 14 & 15: 7:30 p.m., Benefit Concert and Birthday Party, Shelly Doty and grassroots community of women singers and song writers; Dec. 25: 3 p.m., Annual “Dykelah Escape-from-you-know-what-day Musical Extravaganza!”; Jan.17: 7:30 p.m., Allette Brooks. 1839 Rose St. 594-4000 x687, rosestreetmusic@yahoo.com. 

First Congregational Church of Berkeley Dec. 15: 2 p.m., “All-Brahms piano recital,” Yu-Ting Chen performs. Free; Jan. 6: 3 p.m., Stephen Genz in his West Coast debut; 2345 Channing Way, 527-8175, www.geocities.com/mostlybrahms.  

“The Christmas Revels” Dec. 7: 8 p.m., Dec. 8: 1 & 5 p.m., Dec. 9: 1 & 5 p.m., Dec. 14: 8 p.m., Dec. 15: 1 & 5 p.m., Dec. 16: 1 & 5 p.m., celtic music, dance and storry telling. $15-$30. Scottish Rite Theater, 1547 Lakeside Dr., Oakland 893-9853 www.calrevels.org.  

“Guitar, Woodwinds, Drums” Dec. 8: 8 p.m., The Bill Horvitz Band, Ben Goldberg’s What Music. Tuva Space, 3192 Adeline St. 

“WAVE,” Women’s Antique Vocal Ensemble, Dec.14: 7:30 p.m., concert of Christmas music. $10, Students $5. Calvary Presbyterian Church, 1940 Virginia St., 848-9132. 

Theater 

“A Midsummer Night’s Dream” Dec. 14: 7:30 p.m.; Dec. 15: 7:30 p.m.; California Shakespeare Festival Student Company, presents a comedy with romance. Free. Rehearsal Hall, 701 Heintz St. 548-3422 X114. sunny@calshakes.org. 

“Seventy Scenes of Halloween” Dec. 7: 8 p.m.; Dec. 8: 8 p.m., 10:30 p.m.; Dec. 9: 7 p.m.; BareStage Productions, UC Berkeley’s original student theater company, presents a macbre farce written by Jeffrey M. Jones and directed by Desdemona Chiang. $8. UC Berkeley, Choral Rehearsal Hall. 682-3880, barestage@ucchoral.berkeley.edu. 

“The Last Smoker in Berkeley” Dec. 7 through Dec. 9: 8 p.m.; A comic tale of an addict making her last stand against nicotine and her neighbors. Written and performed by Sara DeWitt. $10. Speakeasy Teatre, 2016 7th St. 

Berkeley City Ballet Presents 28th Annual “Nutcracker” Dec. 8 & Dec. 9: 2 p.m.; A full-length production of the holiday classic with a cast of over 50 dancers. $18; $14 children under 12. Berkeley Community Theater, 1930 Allston Way, 841-8921, www.ticketweb.com.  

“Brave Brood” Through Dec. 16: Robert O’Hara directs Robert O’Hara’s searing tale of money, desperation, and the fight for survival. $20. Transparent Theater, 1901 Ashby Ave. 883-0305 www.transparenttheater.org 

“Black Nativity” Dec. 7 through Dec. 16th: Fri. 8 p.m., Sat. 2:30 p.m., 8 p.m., Sun. 5:30 p.m.; The birth of Jesus unfolds in this drama written by Langston Hughes. Directed and produced by Betty Gadling. $15 adults, $8 seniors and students, $5 children over 5. Allen Temple Baptist Church, 8501 International Blvd., Oakland 569-9418 www.allen-temple.org 

“The Christmas Revels” Dec. 7 through Dec. 16: Fri. 8 p.m., Sat. - Sun. 1 p.m., 5 p.m. ; A cast of adults and children present a celebration of the winter solstice that combines dance, drama, ritual, and song. $15 - $30. Scottish Rite Theater, 1547 Lakeside Dr., Oakland 510-893-9853 www.calrevels.org  

“Much Ado About Nothing” Through Jan. 8: Check theater for specific dates and times. Shakespeare’s classic romantic comedy chronicles a handful of soldiers returning from a winning battle to be greeted by a gaggle of giddy maidens. Directed by Brian Kulick. $10 - $54. Berkeley Repertory Theatre, 2025 Addison St. 647-2949 www.berkeleyrep.org 

“Murder Dressed in Satin” by Victor Lawhorn, ongoing. A mystery-comedy dinner show at The Madison about a murder at the home of Satin Moray, a club owner and self-proclaimed socialite with a scarlet past. Dinner is included in the price of the theater ticket. $47.50 Lake Merritt Hotel, 1800 Madison St., Oakland. 239-2252 www.acteva.com/go/havefun 

Films 

Pacific Film Archive Theater Dec. 6: 7 p.m., Bizarre, Bizarre; 8:50 p.m., The Green Man; Dec. 7: 7 p.m., Smiles of a Summer Night; 9:05 p.m., Cluny Brown; Bancroft Way, 642-1124 www.bampfa.berkeley.edu 

“Shouting Silent” Dec. 8: 2:30 p.m. reception, 3:30 p.m. film showing. The film by Xoliswa Sithole explores the South African HIV/AIDS epidemic as seen through the eyes of the filmmaker, an adult orphan who lost her mother to HIV/AIDS in 1996. Health Education Center, 400 Hawthorne St., Oakland 

Exhibits  

“Furniture Art” Through Dec. 7: An exhibit of metal and wood furniture that revisits furniture not only as art but as craft. 12 p.m. - 6 p.m. The Current Gallery at the Crucible, 1036 Ashby Ave. 843-5511 www.thecrucible.org 

“Berkeley Creations” Dec. 8 & Dec. 15: 11 a.m. - 4 p.m., A group exhibit. Artist-at-Play Studio and Gallery, 1649 Hopkins St., 528-0494. 

“The Paintings of Bethany Anne Ayers and Sculpture of Alexander Cheves” Through Dec. 15: Tues. - Sat. 11 a.m. - 5 p.m. Ardency Gallery, 709 roadway, Oakland. 836-0831 gallery709@aol.com 

“The Whole World’s Watching: Peace and Social Justice Movements of the 1960s and 1970s” Through Dec. 16: A documentary photo exhibition which examines the rich history of the social movements of the 1960s and 1970s. Wed. - Sun., noon - 5 p.m. Berkeley Art Center, 1275 Walnut St., Live Oak Park. Free. 644-6893 

“Veiled and Revealed” Through Dec. 23: Human beings, costumed in native dress are captured by visual artists in a seven-person exhibit. Sat. Dec. 8, 15, and 23, 11 a.m. - 5 p.m. Free. Simultaneously showing at ART-A-FACT, 1109 Addison St., and Metaversal Lightcraft, 1708 University Ave. 848-1985 

“Images of Innocence and Beauty” Dec. 19 through Jan. 8: An exhibit featuring Kathleen Flannigan’s drawing and furniture - boxes, tables, and mirrors, all embellished with images of the beauty and innocence of the natural world. Addison Street Windows, 2018 Addison St. 

“Matrix 195” Through Jan. 13: German artist, Thomas Scheibitz’s, first solo museum exhibition in the United States showcases semi-abstract representations of everyday objects and landscapes. Wed., Fri. - Sun. 11 a.m. - 5 p.m., Thur. 11 a.m. - 9 p.m. $3-$6. Berkeley Art Museum and Pacific Film Archive, 2626 Bancroft Way, 642-0808 www.bampfa.berkeley.edu 

GTU Exhibit: “Holocaust Series” by Cleve Gray Through Jan. 25: Comprised of 21 works on paper that constitute “a catharsis... for all of humanity.” Mon. - Thurs. 8:30 a.m. - 9:45 p.m., Fri. 8:30 a.m. - 6 p.m., Sat. 10 a.m. - 6 p.m., Sun. noon - 7 p.m.; Free. Flora Lamson Hewlett Library, Graduate Theological Union, 2400 Ridge Rd. 649-2541 www.gtu.edu 

Pro Arts: “Juried Annual 2001-02” Dec. 19 through Feb. 2: An exhibition of painting, sculpture, mixed media, photography and more by Bay Area and  

regional artists. Pro Arts, 461 Ninth St., www.proartsgallery.org. 

“Enduring Wisdom: Artwork and Stories by Homeless and Formerly Homeless Seniors” Through Feb. 15: 18 homeless and formerly homeless elders reveal how they learned and applied wisdom that is timeless. Mon. - Fri. and Sundays 11 a.m. - 2 p.m. Reception and presentation by the elders Thurs. Nov. 15, 4 p.m. - 6 p.m. Free. St. Mary’s Center, 635 22nd St., Oakland, 893-4723 x222 

“Ansel Adams in the University of California Collections” Dec. 12 through Mar. 10: A selection of photographs and memorabilia presenting a different perspective on Adam’s career as one of the leading figures in American photography. Wed, Fri. - Sun. 11 a.m. - 5 p.m., Thur. 11 a.m. - 9 p.m. $4- $6. University of California, Berkeley Art Museum and Pacific Film Archive, 2626 Bancroft Way, 642-0808, www.bampfa.berkeley.edu 

“The Art History Museum of Berkeley” Masterworks by Guy Colwell Faithful copies of several artists from the pasts, including Titian’s “The Venus of Urbino,” Cezanne’s “Still Life,” Picasso’s “Woman at a Mirror,” and Botticelli’s “Primavera” Ongoing. Call ahead for hours. Atelier 9 2028 Ninth St. 841-4210 or visit www.atelier9.com 

Readings 

Coffee With A Beat - Word Beat reading series Dec. 8: Jeanne Powell, Kelly Kraatz; Dec. 15: Norm Milstein, Barbara Minton; Dec. 22: Debra Grace Khattab, Jesy Goldhammer; Dec. 29: Steve Arntson, Michelle Erickson, Clare Lewis; All readings are free and begin at 7 p.m., 458 Perkins, Oakland, 526-5985, www.angelfire.com/poetry/wordbeat. 

The Humanist Fellowship Hall Dec. 5: 7 p.m., “Our Wings Are Pregnant Seesaws” a play by H. D. Moe. A reading performance by the theatre workshop. 390 27th St., Oakland, 528-8713 

Easy Going Travel Shop & BookstoreDec. 11: 7:30 p.m., Lisa Bach, editor of “Her Fork in the Road”, a collection of stories blending food and travel, and a panel of contributors to the anthology, present an evening of readings and discussions. Free. 1385 Shattuck Ave. 843-3533 

“Rhythm & Muse Open Mic” Dec. 15: 7 p.m., Featuring poets Lara Dale and Mary-Marcia Casoly. Berkeley Art Center, 1275 Walnut St. 527-9753 

Tours 

Lawrence Berkeley National Laboratory Fridays 9:30 - 11:45 a.m. or by appointment. Call ahead to make reservations. Free. University of California, Berkeley. 486-4387 

Golden Gate Live Steamers Grizzly Peak Boulevard and Lomas Cantadas Drive at the south end of Tilden Regional Park Small locomotives, meticulously scaled to size. Trains run Sun., 9 a.m. to 4 p.m. Rides: Sun., noon to 3 p.m., weather permitting. 486-0623  

Museums 

Habitot Children’s Museum “Back to the Farm” An interactive exhibit gives children the chance to wiggle through tunnels, look into a mirrored fish pond, don farm animal costumes, ride on a John Deere tractor and more. “Recycling Center” Lets the kids crank the conveyor belt to sort cans, plastic bottles and newspaper bundles into dumpster bins; $4 adults; $6 children age 7 and under; $3 for each additional child age 7 and under. Mon. and Wed., 9:30 a.m. to 1 p.m.; Tues. and Fri., 9:30 a.m. to 5 p.m.; Thur., 9:30 a.m. to 7 p.m.; Sat., 10 a.m. to 5 p.m.; Sun., 11 a.m. to 5 p.m. 2065 Kittredge St. 647-1111 or www.habitot.org  

Oakland Museum of California Dec. 8 & 9: 32nd Annual Bay Area Fungus Fair, the world of the mushroom will be explored in exhibits, lectures, slide shows, cooking demos, etc.. Through Jan. 13: Grand Lyricist: The Art of Elmer Bischoff, featuring paintings and works on paper that trace the evolution of Bischoff’s career. $6 adults, $4 seniors and students, free for children under 5. Wed. - Sat. 10 a.m. - 5 p.m., Sun. noon - 5 p.m., 10th St., Oakland, 888-625-6873/ www.museumca.org 

UC Berkeley Museum of Paleontology Lobby, Valley Life Sciences Building, UC Berkeley “Tyrannosaurus Rex,” ongoing. A 20 foot by 40 foot replica of the fearsome dinosaur made from casts of bones of the most complete T. Rex skeleton yet excavated. When unearthed in Montana, the bones were all lying in place with only a small piece of the tailbone missing. “Pteranodon” A suspended skeleton of a flying reptile with a wingspan of 22-23 feet. The Pteranodon lived at the same time as the dinosaurs. Free. Mon. through Fri., 8 a.m. to 5 p.m.; Sat. and Sun., 1 p.m. to 5 p.m. 642-1821 

UC Berkeley Phoebe Hearst Museum of Anthropology will close its exhibition galleries for renovation. It will reopen in early 2002.  

University of California Berkeley Art Museum Pacific Film Archive has reopened after its summerlong seismic retrofit. “Martin Puryear: Sculpture of the 1990s” through Jan. 13; “The Dream of the Audience: Theresa Hak Kyung Cha (1951 - 1982)” through Dec. 16; “Face of Buddha: Sculpture from India, China, Japan, and Southeast Asia” ongoing rotation through 2003; “Matrix 194: Jessica Bronson, Heaps, layers, and curls” Sept. 16 through Nov. 11; “Matrix 192: Ceal Floyer 37’4”” Sept. 16 through Nov. 11; Wed., Fri., Sat., Sun. 11 a.m. - 5 p.m., Thur. 11 a.m. - 9 p.m., PFA Theater, 2575 Bancroft Way; Museum Galleries 2626 Bancroft Way; 642-0808 www.bampfa.berkeley.edu 

Lawrence Hall of Science Through Jan. 26: Scream Machines: The Science of Roller Coasters; “Within the Human Brain,” ongoing. Visitors test their cranial nerves, play skeeball, master mazes, match musical tones and construct stories inside a simulated “rat cage” of learning experiments. “Saturday Night Stargazing,” First and third Saturdays each month. 8 - 10 p.m., LHS plaza. Saturdays 12:30 - 3:30 p.m. $7 for adults; $5 for children 5-18; $3 for children 3-4. 642-5132 

Holt Planetarium Programs are recommended for age 8 and up; children under age 6 will not be admitted. $2 in addition to regular museum admission. “Constellations Tonight” Ongoing. Using a simple star map, learn to identify the most prominent constellations for the season in the planetarium sky. Daily, 3:30 p.m. $7 general; $5 seniors, students, disabled, and youths age 7 to 18; $3 children age 3 to 5 ; free children age 2 and younger. Daily 10 a.m. to 5 p.m. Centennial Drive, UC Berkeley 642-5132 or www.lhs.berkeley.edu  

Send arts events two weeks in advance to Calendar@berkeleydailyplanet.net, 2076 University, Berkeley 94704 or fax to 841-5694.

Panthers lose to Oakland in final seconds

The St. Mary’s Panthers might have forgotten what it’s like to lose. Wednesday night, they were given a painful reminder. 

Oakland High’s Martel Israel hit a 3-pointer with 10 seconds left in regulation to give the Wildcats a 6-58 lead, and St. Mary’s guard John Sharper missed a last-second drive as the Panthers lost in the first round of the Chris Vonture Spartan Classic at De La Salle in Concord. The loss broke St. Mary’s 19-game winning streak, the start of which led into the school’s first state championship last season. 

The Panthers have looked sluggish in their first two games this season without point guard DeShawn Freeman, who is out until January with a stress fracture in his leg. Freeman’s absence has forced shooting guard John Sharper into a playmaker’s role, and he has struggled to find his shot, making just 4-of-16 against the Wildcats after a 6-for-19 effort in the opener. 

“John won’t admit it, but playing the point has been hard on him,” St. Mary’s head coach Jose Caraballo said after Wednesday’s game. “He has to have time to get used to it, and he’s not there yet.” 

Sharper said that while he has had a slow start, he thinks he can handle the new role. 

“I’ve just got to keep my composure,” said Sharper, who forced up some ill-advised shots on Wednesday. “There are no excuses. I’m just off my game right now.” 

Sharing in Sharper’s misery was senior forward Chase Moore. Moore scored a team-high 13 points against Oakland, but also had several turnovers and missed opportunities. 

One senior who didn’t struggle was guard Tim Fanning. The baby-faced Fanning scored 11 points, including three 3-pointers, and provided a spark off the bench. 

“I count on one bench guy to come up big every game,” Caraballo said. “Tim played great tonight, but he was about the only one.” 

Oakland answered St. Mary’s depth with great performances from point guard Ayinde Ubaka and center Isaiah Buckley. The duo combined to score 38 points, and Ubaka ran the St. Mary’s guards ragged with his slick ball-handling. The junior had six assists and could have had more if his teammates hadn’t blown several easy shots. Buckley dominated the boards, pulling down 13 rebounds and missing just three shots all night. 

“(Oakland) just played harder than us,” Caraballo said. “They got every loose ball, they dominated us on the glass. They just wanted it more than us.” 

The teams were even through three quarters, and Fanning hit a big 3-pointer in the fourth quarter to put his team up 49-47. But Buckley came right back with a monster dunk form an Ubaka feed, and neither team could take a lead of more than two points. Buckley made a free throw with a minute left for a 57-56 advantage, but St. Mary’s center Simon Knight found teammate Spartacus Rodriguez for an open layup that set up Israel’s heroics. 

St. Mary’s faces Berkeley in the second round today at 3:30 p.m. It will be the second time the teams have faced off this week, with the Panthers winning the first game on Tuesday, 58-49. 

’Jackets can’t find offense against Pilots

In a game full of miscues, Berkeley High made a few more than its opponent on Wednesday, falling to St. Joseph, 52-45, in the first round of the Chris Vonture Spartan Classic at De La Salle in Concord. 

Berkeley looked like the young team it is, committing numerous unforced turnovers and getting no consistent production on offense. They were beaten by a Pilot team that didn’t play very well, but whose eight returning players stayed calm enough to survive a second-half run by the ’Jackets. 

Down for almost all of the first half, Berkeley tied the game at 34-34 during the third quarter on the strength of three straight baskets by guard Garland Albert, but could never get a lead. The ’Jackets could muster just two free throws for the first seven minutes of the final quarter, dooming them to the loser’s bracket of the tournament. 

“We just didn’t come out with enough intensity today,” Berkeley head coach Mike Gragnani said. “That cost us the game, not the turnovers.” 

Forward Damien Burns led Berkeley with 12 points and 8 rebounds, but Berkeley shot just 34 percent from the field. Burns has been Berkeley’s lone offensive threat in the first two games, using his long frame and athleticism to grab offensive rebounds and score on the inside. 

“Damien is a tremendous basketball talent,” Gragnani said of the senior, who didn’t play his first three years at Berkeley due to personal issues. “He’s doing and saying all the right things right now.” 

They started the game by making just 1-of-14 in the first quarter as St. Joseph ran out to a 12-3 lead, but Burns led them back with a tough basket inside, followed by a breakaway dunk, to tie the score at 14-14. But whenever Berkeley seemed to have the momentum in its favor, a bad pass or poor shot selection would swing it right back over to the Pilots. 

St. Joseph got 10 points apiece from guard Eric Wright and forward Cameron Quick, with no other Pilot scoring more than 4 points. But that was all they would need against the flailing ’Jackets, as Gragnani’s team was unable to get an offensive flow going for more than two or three possessions. Berkeley’s three sophomores, Khion Tate, Shawn Burl and Rodney Jones, combined for just 8 points despite ample playing time, and looked uncomfortable stepping up to take shots. 

“Our young guys are taking some knocks right now, and it’s going to take a while to get them up to speed,” Gragnani said. 

That could be said of nearly all the Berkeley players. With just three players returning from last year’s squad, Gragnani has to build from scratch, teaching his basic principles from the ground up. 

“We’re a better team than we were when we started the season,” he said. “When January comes around, this team is going to look very different.” 

Berkeley will face crosstown rival St. Mary’s in the second round today at 3:30 p.m. It will be the second meeting between the teams this week, with St. Mary’s winning the first game on Tuesday, 58-49.

Developers of the largest downtown housing project in recent memory have challenged a city law requiring new developments to include affordable housing. 

Library Gardens L.P., developers of the 176-unit Library Gardens project at 2020 Kittredge St., has appealed its own use permit – which the Zoning Adjustments Board awarded the company in October – to the City Council.  

The group, headed by local developer TransAction Companies, is asking the council to strike out those sections of its use permit, which, according to the city’s inclusionary housing policy, require 20 percent of the units in the project to be rented at below-market rates. 

Lawyers for Library Gardens charge that the Costa-Hawkins Act, a measure passed by the California legislature in 1995, which placed strict limits on local rent control laws, also invalidates the inclusionary housing policy. 

The council will probably hear the appeal in January. If, as expected, the council denies the appeal, a lawsuit testing the legality of the city’s law could follow. 

Local lawmakers said on Thursday that they were mystified by the developer’s appeal. The project had won widespread approval from councilmembers, the ZAB and local citizens. 

“This really creates bad faith with the community,” said Councilmember Dona Spring. “To try to sneak out of the affordable housing requirements, it really puts TransAction in a bad light.” 

Spring added that she doubted the appeal would pass muster at the City Council level. 

“The council will be much tougher on this than ZAB was,” she said. 

ZAB member Dave Blake said it appears that Library Gardens intends to take the challenge to the judicial system. 

“Maybe this is some sort of stunt, but my impression that he thinks that he’s going to win this in the courts,” he said. “He certainly won’t win at the council level.” 

Mark Rhoades, current planning manager, said Friday that a legal challenge would only delay Library Gardens’ construction. 

He said that the city would withhold a building permit for Library Gardens if there were a dispute over the conditions of the project’s use permit. Building permits – which allow a builder to begin the physical construction on a project – are usually issued as a matter of course after the ZAB has approved a project. 

The laws implemented by the Costa-Hawkins Act state that “(n)notwithstanding any other provision of law, an owner of a residential real property may establish the initial and subsequent rental rates” for any unit built after Feb. 1, 1995. 

The city’s inclusionary housing requirements mandate below-market rates for 20 percent of the units in new multi-family developments. 

While the two laws would appear to be in conflict, there are no legal precedents that state directly that the state law invalidates inclusionary housing policies. 

Linda Wheaton, a housing policy specialist with the California State Office of Housing and Community Development, said on Thursday that to her knowledge, no challenge of city inclusionary requirements had been successfully challenged on the basis of Costa-Hawkins.  

A developer did challenged the city of Santa Monica’s requirements a few years ago, she said, but the case was settled out of court. 

Tad Read, Santa Monica’s housing director, said on Thursday that the suit against his city’s inclusionary requirements did mention Costa-Hawkins, but was primarily focused on the housing element of the city’s general plan. 

As part of the settlement, Read said, the city re-wrote its housing element and loosened its inclusionary housing requirements. The Costa-Hawkins challenge was dropped. 

Councilmember Kriss Worthington declined to comment on the case on Thursday, but said that other local developers have previously raised the issue of the potential incompatibility between the local and state laws. 

He said that several months ago, developer Patrick Kennedy had written to the City Council to make the same point. 

Kennedy could not be reached for comment. 

John DeClercq, senior vice president of TransAction Companies, said that he could not comment on the appeal while it was pending. 

“It’s before the City Council, and we’ll see what they want to do,” he said. 

Fred Lupke, a private citizen, has also appealed the Library Gardens project on the grounds that the project’s number of potential occupants had been understated and that the potential impact of the project on the Central Library, which sits next door to the Library Gardens site, had not been researched.

Editor: 

Berkeley’s updated General Plan, now before the City Council, bars the construction of downtown buildings taller than seven stories. That is a mistake that the council should reverse. 

The anti-height stipulation reflects the activism of a small coterie of preservation-minded citizens who follow matters before the Planning Commission very closely. The implication is that they represent the majority of the voters, but the electorate as a whole has thought very little about downtown density.  

Like the Bay Area as a whole, Berkeley suffers from a severe housing shortage. But with a thriving university and a downtown in better shape than in years, we are ready to make our downtown a major new apartment-based residential community as it continues to serve its present commercial and cultural functions. The district should be conceived on a generous scale, a carefully and integrally thought out mixed-use settlement, with innovations centered on distinguished architecture and a substantial amount of high quality apartment housing within walking distance of the University and the BART station. A more populated and increasingly auto-free downtown will protect traditional neighborhoods from growth pressures, while it gives them a more complete and livelier center for services and shopping, notably including the maturing Arts Center. It can ease prices by enlarging the housing supply substantially, including moderate income housing. 

If buildings can rise toward the height of the Wells Fargo building, there will be better latitude for design and much more space for street-level open greenness, as proposed by Richard Register. 

The nostalgic activists have missed the damage that regional sprawl out across the Carquinez Bridge and the Altamont Pass has done to the Bay Area, multiplying cars and gridlock throughout our region, including here at home. The “preservers” do not see that their politics rule out living near work and study for hundreds of people, and have helped drive up the price of housing to indefensible levels, making us a gentrified and “exclusive” place, to our embarrassment. That may benefit existing landlords, but is it fundamentally fair to people with a legitimate need to live here?  

Many of the current NIMBYs came to town years ago as graduate students and post-docs. They certainly would have felt ill-treated if, for lack of housing, they had had to put a young spouse and small children in Pinole and buy a wreck of a car to commute to campus or lab. The watchdogs of low height limits are also preventing more senior Berkleyans from moving to a comfortable and accessible apartment in a European style, reducing driving and management demands, while maintaining their social networks by living at the center of their lifelong community.  

The “preservers” are right that central Berkeley should not be developed helter skelter, but holding down building heights is a blunt instrument approach. Instead, Berkeley should have a hard look at its downtown, and think about doing some serious planning. The city should draw up a “specific plan,” a detailed framework within which developers will work.  

Such a plan is a big effort, but among other uses, it would provide a meaningful setting for individual proposals, such as the parking study moratorium or the Mayor’s call for parking under Martin Luther King Park, now very awkward to deal with adequately, in large part because they are taken up piecemeal and in isolation. 

The Gaia Building, and Allston Oak Court give an idea of the civilized possibilities of living downtown. Future structures could make owned apartments available as well as rentals, and be more elegant than Gaia, which becomes externally bulky because it encloses an internal courtyard. New buildings could easily absorb the existing residents of downtown, plus lots of older Berkeleyans looking for a less hassled and car-dependent way of living, in addition to handling the huge backlog of housing-seekers.  

Rather than just clamping a low ceiling on downtown, let’s think some bigger thoughts about bigger opportunities.  

Peter Lydon 

Berkeley

Ousseynou Kouyate sings quietly to himself, waiting for his performance to start. The venue is Keur Samba, a West African restaurant on Telegraph Avenue. Kouyate is part of tonight’s attraction, Djialy Kunda Kouyate – a Wolof (Senegalese) band recently brought in by owner Jegan Loum to play at the restaurant every Friday and Saturday night.  

Sitting at a table a few feet from Kouyate, it suddenly occurs to me that not one, but two identical voices seem to resonate from his singing lips. Immediately I’m sorting through layers of sound amidst the restaurant’s din: Is Kouyate singing with the stereo? Or lip-synching? Then out of the corner of my eye, all becomes clear.  

Ousseynou Kouyate is a twin.  

From the back of the restaurant, Assane Kouyate had joined his brother’s song. He now makes his way up the aisle to the stage.  

Though identical, the twins are distinguished by their traditional Senegalese outfits: Assane’s is a regal, pale blue; Ousseynou wears a patterned orange shirt and matching hat. They are joined by a woman with a harp-like instrument – the 21-stringed kora – and a young man with an intricately decorated djembe drum. Percussionist Nbongo Mbaye comes in as they begin playing. His tiny tama – or talking drum – powerfully thumps and rumbles under his arm. 

With the kora holding a steady melody, the two drums interweave and take turns accenting the movements of the Kouyates, who twirl like mirroring kaleidoscope images. Balaphonist Karamba Diabate joins the group, reinforcing the kora’s melody while percussively pushing the tempo. The twins’ rich voices soar, interchangeably singing high and low parts, backup and lead. With flurries of dance and drum, the song climaxes and stops on the dime of a single beat. 

One of the musicians yells out the Wolof exclamation “Wow-wow!” meaning, emphatically, “Yes!”  

In addition to providing live music, Keur Samba greets its guests with smiles, and the smell of curry and fried plantains. African beverages include: bissap (a mild, wine-colored juice), tamarind, ginger juice, and African beer and wine. Many dishes are curries prepared with lamb, chicken, or fish. For vegetarians only a few options exist, and, in the African tradition, few uncooked vegetables. Yet the dishes are still well rounded, balancing rich sauces with fluffy rice, potatoes, and sweet combinations of cabbage, raisins, eggplant, and onions.  

Since Keur Samba began hosting live shows several weeks ago, audiences have embraced the Kouyates and Djially Kunda Kouyate.  

The Kouyate twins moved to the Bay Area in 1998 after touring with the National Ballet of Senegal for six years. Their last name is one of the traditional family names of the West African musicians/storytellers/historians known as griots. Though they are of the Wolof ethnic group, born and raised in Dakar, the twins trace their roots to Mali, where Balla Fasseke Kouyate, who they identify as the first griot, served the legendary King Sundiata in the 13th century Mali Empire.  

Today, even in a big city like Dakar, the role of the griot is very much the same as it was 800 years ago: to “make the party happen. Without a griot, your party is going to be very quiet,” says Assane. Griots also memorize vast quantities of information, including history, family heritage, and the deeds of ancestors, and relay them in the form of stories, songs, and plays. Assane explains that if someone forgets who his/her grandparents were, it is the twins’ job to remind them.  

“We make people happy in their hearts,” he says, “because we remind them very deeply of who they are.”  

Wow. Wow.  

Djialy Kunda Kouyate performs at Fridays and Saturdays at Keur Samba, 4905 Telegraph in Oakland from 8-10 p.m.. Call 654-2730.  

Joe Shipp scored a career-high 24 points and led California to a 88-63 victory over Saint Louis on Thursday night. 

In the first meeting between the two teams at Cal in 30 years, Shipp led four players in double figures as Solomon Hughes added 16 points, Brian Wethers scored 13 and Jamal Sampson scored 10. 

“Joe Shipp, more than just with his scoring, did a great job on defense,” Cal head coach Ben Braun said. “He showed you what he can do in those in between ranges.”  

Ben Braun won his 100th game as coach at Cal and the Bears won their 15th straight home game vs. a nonconference opponent. Cal (5-1) made 16 of its first 22 shots to start the second half en route to its most lopsided win of the season. 

Jason Edwin scored 14 and Marque Perry added 12 for the Billikens (2-5), who lost their third straight game. They hadn’t lost by more than five in any game this season. 

The Bears closed the half with a 10-2 run, seven scored by Shipp, to take a 36-33 halftime lead. The Billikens had up to a six-point lead behind Edwin, who made 4-of-5 3-point attempts in scoring 14 first-half points. 

Cal broke the game open with a 20-5 run in the middle of the third quarter to go up 67-42. Shipp made 9 of 14 from the field and Hughes was 8-for-10 as the Bears shot a season-best .525 percent. Their previous high point total was 71. 

The Bears were coming off a 79-59 defeat at South Florida, their worst loss to a team outside the Pac-10 since dropping a 88-66 decision to Saint Louis on Nov. 29, 2000. The Billikens were coming off a 69-67 loss to second-ranked Missouri on Monday. 

Braun became the fourth coach to win 100 games at Cal. The others were Nibs Price, Pete Newell and Lou Campanelli. Braun, who took over in 1999, is 100-62 at Cal. 

“I’m proud of that. It means I’ve been staying around long enough,” Braun said. “More than wins, my goal has been to make my teams winners, and we did that tonight. We gave a committed effort. I really feel good about that with this team.”

A few olive branches, and a lot of angry words were the offerings at a contentious Board of Education meeting Wednesday night, which featured a couple of overtures for collaboration and several sharp exchanges between board members and leaders of the small schools movement, or Coalition for Excellence and Equity in the Schools. 

“The situation in our schools is not right,” said Katrina Scott George, a coalition leader and parent of a 10th grader at Berkeley High School. “It’s time for us to hold you, our board members, accountable.” 

Coalition leaders, including school board member Terry Doran, want to break BHS up into a series of small, autonomous schools. They have asked the board to approve a small schools policy they prepared by early next year and implement the model in the fall of 2003.  

Coalition members argue that small schools would work to narrow the “achievement gap” between white and minority students, and improve teacher accountability. 

The remaining four school board members have embraced a more gradual approach.  

They want to maintain the structure of the larger, comprehensive high school, while allowing for the incremental addition of “schools within a school,” similar to the several mini-schools currently at BHS. They say this approach would maintain the strengths of the comprehensive school system now in place.  

Shirley Issel, the new board president, said the coalition overstepped its bounds by presenting its small schools policy. 

“You’re asking us to forfeit our policy-making responsibilities,” Issel said. “I don’t know how I’m going to explain to the public how your group made this policy, but we’re to be held responsible for it.” 

“It would seem to me that if you don’t agree with us, you would take it up with the voters,” she continued. 

“You are an extension of us,” responded Michael Miller, a parent and member of the coalition. “We elected you. You bring our needs, our desires to this forum.” 

Later in the evening, Doran and Ted Schultz of the school board said it was reasonable for the coalition to present a policy to the board.  

But several members of the board, and Superintendent Michele Lawrence, said they were concerned about the coalition’s call for a rapid move to a small schools model. 

Lawrence said she could not embrace the coalition’s proposal until she’d traveled to other districts making use of the small schools policy, and studied their finances, program quality, degree of parental involvement, and other qualities. 

“I will, in fact, be there to help move this thing forward,” Lawrence said. “But you’ve got to give me more time, that’s all I ask.” 

Doran asked Lawrence to suggest how much time she might need, but the superintendent said it would be difficult to predict until she was in the thick of the research.  

“I don’t want to make a promise I can’t keep,” she said. 

Lawrence added that she has several other priorities, like maintenance, the budget and special education programs, that require her immediate attention and cannot be ignored.  

Schultz recommended the formation of a working committee, including coalition leaders and members of the board, that would visit other small schools, evaluate their strengths and weaknesses and hammer out a compromise. 

But Scott George rejected the idea of a working committee unless it had a definite timeline for producing results. “This is not acceptable,” she said, arguing that BHS students need reform immediately.  

“Children are going to jail now,” she said. “I know who got shot and who got suspended and who got pregnant. I cannot wait.” 

Kalima Rose, another coalition leader, said on Thursday that, earlier in the week, the superintendent offered small schools proponents the opportunity to take part in a working group like the one proposed by Schultz. 

“We said that we’d be perfectly happy to take part,” she said, “but it must have a commitment to a timeline and outcomes.” Otherwise, Rose said, the district could simply drag out the committee work, using it at as a tool to defer the implementation of small schools. 

Joaquin Rivera, new board vice president, said any committee must also include community members who are opposed to small schools.  

A small group of small schools opponents were in attendance at the meeting and voiced their concerns. Marcy Wong, a parent of a child in the school system raised fears that children would be “indoctrinated” in small, politically-focused schools, while Victoria Bonnell, a parent and sociology professor at UC Berkeley argued that large schools work better for some kids. 

Earlier in the evening, Bradley Johnson, president of the high school’s sophomore class, presented the results of a survey of 967 BHS students. 

Johnson said the survey was distributed in history classes, and found that 55 percent of the students “think that small schools are better in providing education than large schools,” while 86 percent “feel that there is more one on one contact with teachers in small schools.” 

The teacher’s union will be polling teachers next week. The poll will follow weeks of in-depth teacher interviews and focus groups conducted by the coalition.  

Editor: 

I am one of the subscribers to high-speed cable Internet service who found himself with a new e-mail address this weekend: nobody@home. Early Saturday morning, AT&T pulled the plug on @Home, leaving many Bay Area subscribers without access to the web or their e-mail. On Tuesday, an automated phone call from AT&T told me the new network was ready for me to log back on.  

I am back on-line now after being off for three days. AT&T has promised to credit customers with two days of service for each day they were down. That’s nice, but what about all that e-mail directed to our accounts with @Home. Our new domain is attbi.com. What will happen to all those messages sent to us through @Home? How will the rest of the world be able to reach us, especially those nice folks who want to tell how to get a free college degree on-line, access to Natural Viagra, or sure-fire ways to increase the size of a certain part of our anatomy? Not many of us are going to miss those or other spam messages that seem to love @Home subscribers, but I know people who have been using @Home as their primary e-mail address. Letters from friends and family members are also lost, and senders need to be informed of the domain change. How will AT&T compensate us for that loss? 

With such turmoil in the Internet provider business, it is no wonder that web-based e-mail has become so popular. Yes, it is great for those who have no personal access to the Internet, but can log on at public terminal such as at the library. It is also a form of insurance for people with Internet accounts who are not sure if their provider will be in business tomorrow. It is common for small Internet Service Providers (ISPs) to be bought by larger ones. 

An example is Berkeley’s LanMinds. Their service was gobbled up several times before being gobbled up by the giant EarthLink. LanMinds was able to pull itself Jonah-style from this whale, but the Lanminds domain is still in the EarthLink belly. Subscribers’ new e-mail address is @lmi.net. That is a minor nuisance to the subscribers receiving bills from EarthLink for service that they did not want and did not order. 

We could also give in and just sign up with the Internet giants such as EarthLink, AOL, or Microsoft. Tell that to the people who prefer having the personal service a small ISP like LanMinds is able to provide. In the meantime, the Information Super Highway continues to be a rocky road. 

Berkeley

Wednesday evening, the Board of Education unanimously named Shirley Issel its new president. Issel moved up from the post of vice president, replacing outgoing chief Terry Doran. The board named Joaquin Rivera its new vice president. 

The selection was based on the board’s traditional method of allotting leadership slots based on the vote totals members received during the two previous elections of the general public, according to board member Ted Schultz. 

Issel said she would seek to keep the board focused on the major priorities it has set forth for the superintendent: the improvement of the district’s data collection system, the implementation of a maintenance plan, improved evaluation of district employees, and leadership and accreditation at the high school. 

Editor: 

I’ve been re-reading John F. Kennedy’s book, Profiles In Courage, and in the first paragraph he wrote: “This is a book about the most admirable of human virtues – courage. ‘Grace under pressure,’ Ernest Hemingway defined it. And these are the stories of the pressures experienced by eight United States Senators and the grace with which they endured them – the risks to their careers, the unpopularity of their courses, the defamation of their characters, and sometimes, but sadly only sometimes, the vindication of their reputations and their principles.” 

It may be – years from now, when tempers have cooled and fears have subsided – that Berkeley will appear in history as the single voice of conscience in a wounded and angry nation. 

It may be – years from now, when prolonged conflict has sapped our strength and optimism as a country – that the United States neglected wisdom in its haste for vengeance. 

No one knows what the future will bring, and so I am writing now to say that I admire the courage and compassion you showed in your resolution to stop the bombing of Afghanistan. 

Chris Oei  

San Francisco 

As a public service, the Berkeley Daily Planet will list BERKELEY-BASED nonprofit agencies soliciting donations and/or volunteers. Please use the following format and e-mail by today to news@berkeleydailyplanet.net.  

(Name) Jane’s Nonprofit 

(address) 2333 Nonprofit Way, Berkeley, CA 9444444 

(phone) 111-1111 

(description - 15 words maximum) Jane’s Nonprofit remodels old houses for affordable housing. Needs cash donations and volunteers. 

(nonprofit number) xxii332

MARIPOSA — Prosecutors want the triple-murder trial of Yosemite killer Cary Stayner held in Sacramento because it is convenient for witnesses and family members of the victims and defendant. 

Judge Thomas Hastings ordered the trial moved out of Mariposa Superior Court after a defense lawyer argued that extensive news coverage would make it impossible to find impartial jurors. Prosecutors did not object. 

Hastings will hold a Dec. 17 hearing to decide whether the case should be held in Los Angeles, Sacramento or Santa Clara, where he lives. 

Assistant District Attorney Kim Fletcher said in papers filed Monday that the state capital was closer to Mariposa County and it was where the FBI has kept most of the evidence against Stayner. 

Defense lawyer Marcia Morrissey of Santa Monica said she wants the trial held in Los Angeles. 

“They really don’t address, I think, the crucial issue, which is the ability to get a jury that hasn’t been saturated with the case,” Morrissey said. “In Los Angeles, the case hasn’t gotten near the attention.” 

Fletcher argued that Los Angeles court officials only want to be considered as a last option and suggested Sacramento instead. 

Stayner, 40, faces a Feb. 25 trial on charges that he killed three tourists staying at the rustic Yosemite National Park lodge where he worked as a handyman. 

Carole Sund, 42, her daughter, Juli, 15, and friend Silvina Pelosso, 16, vanished in February 1999. Their bodies were found weeks later. 

Stayner admitted to the killings in a tape recorded confession that was played at an earlier hearing. 

Stayner is serving a federal life sentence for the July 1999 murder of Joie Armstrong, who led children on nature hikes in the park. 

He faces the death penalty if convicted in the tourist case. 

D.A.’s employee pleads innocent to assault charge 

SAN RAFAEL — A San Francisco prosecutor pleaded innocent Thursday to a charge of assault with a deadly weapon and attempting to make a criminal threat in connection with a Nov. 9 fight outside his San Rafael home and another incident last year. 

Floyd Andrews has worked in the San Francisco district attorney’s office since 1983, specializing in fraud cases. He is accused of stabbing Martin Stanley, 37, of Fairfax, with a 3-inch pocket knife. Prosecutors also allege he tried to threaten another man last year. 

Andrews discovered Stanley urinating against the garage of the Andrews home in San Rafael and knifed Stanley to defend himself, said Andrews’ attorney, Kenneth Quigley. 

Marin prosecutors, however, concluded that Andrews should be charged with assault with a deadly weapon with the intent of inflicting great bodily harm. 

Andrews has not been at work since the incident. His bail was increased from $25,000 to $120,000 and has been jailed until he could raise the additional money. Quigley said he expected his client to bail out sometime Thursday night. 

Boat accident  

survivor says he tried to save lives 

OAKLEY — The lone survivor of boating accident that killed two Oakley teen-agers said Thursday he did everything he could to save their lives but the boys died in his arms. 

Kent Osborn, the father of Mark Osborn, 17, who perished along with Mike Vain, 15, had shoved off at dawn Sunday in their 15-foot aluminum boat on a duck hunting expedition. But within 15 minutes, high winds and choppy waves flooded the boat and all three were dumped into the frigid water near Big Break Marina. 

Kent Osborn said as the boat sank, the two boys donned life jackets and they all used duck decoys for buoyancy while trying to swim to shore. The two boys succumbed while Kent Osborn, 39, survived about 8 1/2 hours in the cold water, which rescue officers said was in the low 50s. 

Kent Osborn defended his decision to forge ahead with the hunting trip in bad weather. 

“We’ve been waiting since the start of duck season for this,” Kent Osborn told the Contra Costa Times. “This is when duck hunters go out. You go out during the biggest storms you can find.” 

Mistake of  

prosecuting  

educator? 

SANTA JOSE — Santa Clara County District Attorney George Kennedy said he “made a mistake” in prosecuting a Los Gatos educator for failing to report child abuse. 

Kennedy had charged Hillbrook School head Sarah Bayne for failing to report child abuse, a crime rarely prosecuted. The case was later dismissed but cost the Los Gatos private school and its insurance company more than $200,000 and threatened to destroy Bayne’s career 

“I wish I hadn’t filed it,” Kennedy told the San Jose Mercury News. 

Bayne told the Mercury News that Kennedy’s statement was little comfort. “They caused an unbelievable amount of pain and suffering,” she said. 

Prosecutors charged that in 1998 Bayne did not alert authorities when a teacher at the school told her that a third-grader had a red mark on his cheek. Bayne said she checked on the child and said she saw no mark. 

The children of three Santa Clara County prosecutors attended Hillbrook School at the time some accused Kennedy of having a conflict of interest in pursuing the case, a charge he denied. 

SACRAMENTO — For weeks, Secretary of State Bill Jones’ struggle to raise large amounts of money has led to speculation he’ll drop out of the Republican race for governor. 

But with a Friday deadline approaching to stay in the race, and questions lingering about his financial wherewithal to afford a statewide campaign, Jones’ aides insist he’s in the race to stay. 

“Those who believe that Secretary of State Jones will not get into the race are the same ones wishing that the volcano spewing ash is not going to explode, meaning it’s just wishful thinking,” said Sean Walsh, Jones’ deputy campaign manager. 

Jones is one of three Republicans vying for the GOP nomination in the March 5 primary. The winner will take on Democratic Gov. Gray Davis in November. 

Friday is the deadline to officially declare candidacy for the March ballot. 

Although he’s the only Republican holding statewide office, Jones has not attracted the financial support believed essential to running in California. 

Jones also angered some national Republicans when he jumped ship from then-Texas Gov. George W. Bush’s campaign to that of Sen. John McCain of Arizona for the 2000 presidential primary in California. 

“If he can’t at this point have built up a pretty good campaign kitty, that suggests that his own party elite ... don’t give him much of a chance,” said Gary Jacobson, a political science professor at the University of California, San Diego. 

Jones has raised about $2 million this year, including more than $500,000 in loans from corporations and individuals, according to campaign finance records. 

That compares to more than $4 million raised so far by former Los Angeles mayor Richard Riordan — who only has been collecting donations since July and who has millions in personal wealth to pour into his campaign. 

Bill Simon, a businessman from Los Angeles, has raised more than $3.8 million. And Simon, a wealthy businessman also considered able to finance his own campaign, already has lent $300,000 and contributed $286,331 out of his own pocket to his campaign. 

Davis has $31 million in his campaign account. 

Even some of Jones’ financial backers and longtime friends fear he lacks the cash to mount a serious challenge. 

“Looking at Jones’ prospects at this point, this late, that’s not a very encouraging sight,” said David Provost, a political science professor at California State University, Fresno, and a friend of Jones. 

William Lyles, a Fresno businessman who lent the Jones campaign $100,000 in September, says Jones’ “only handicap is that he’s doesn’t come from one of the big population areas.” 

Lyles exemplifies Jones’ backbone of financial supporters. They are longtime friends who are influential in the Central Valley and agriculture communities and who feel shunned by politicians they see as focused on Los Angeles and the Bay area. 

Jones’ aides believe that support, along with similar feelings among other key voters, will be enough. They say they will rely on appealing to conservative, faithful voters in smaller areas where advertising is cheaper. 

“We will have enough money to get our message out to the Republican primary voter who will show up at the ballot box,” Walsh said. 

They also hope an anti-Los Angeles sentiment in other parts of the state will help. 

“Twenty million and 30 million of television buys cannot erase perceptions that have already been formed about bringing ’big-city Los Angeles’ to small cities throughout the state,” Walsh said. 

Indeed, strategists said, winning support in the fast-growing Central Valley is key to winning elections in California. But that alone may not be not enough. 

“You have to have enough money to get your message across,” Provost said. “These days television is the best way to do that and that means you’ve got to spend an awful lot of money.” 

——— 

On the Net: 

Jones’ official campaign Web site is http://www.billjones.org. Campaign finance reports can be found at http://www.ss.ca.gov 

SAN FRANCISCO — Hundreds of Mexican nationals have been lining up around the block outside their consulate to get identification cards after the city became the first in the nation to officially accept the consular IDs as legal documents. 

San Francisco’s Board of Supervisors passed the resolution unanimously last month, and Mayor Willie Brown signed it Tuesday, prompting an immediate and enthusiastic response among Mexican immigrants. Each day since, they’ve lined up by the hundreds to get documented. 

The cards — which have a photograph, legal address, birthplace and signature — won’t help immigrants with the federal or state governments, but inside the city of San Francisco, they promise to make life easier in a number of ways. 

The plan was sponsored by Supervisor Gerardo Sandoval, a former public defender who saw a need for some type of ID card for non-citizens. He said police were picking up immigrants on minor offenses and sometimes holding them for days simply because they lacked proper identification. 

The card also reduces the hassle and expense of wiring money to family members in other countries. San Francisco-based Wells Fargo Bank accepts it, allowing non-citizens to set up bank accounts and distribute ATM cards to family members who can withdraw funds in Mexico without paying high fees. 

But it won’t help immigrants who aren’t complying with Immigration and Naturalization Service rules, agency spokeswoman Sharon Rummery said. 

“All the matricula consular does is identify you of a citizen of Mexico. That’s all you can expect from it,” she said. “If you’re out of status and you get that you’re still out of status.” 

Mexican consulates in the U.S. have been issuing consular IDs for some 20 years. Whether to recognize these cards has been a decision made locally by police in cities across the United States. San Francisco is the first to make such recognition a matter of city law, said Consul General Georgina Lagos, Mexico’s top representative in Northern California. 

“The consular ID does not have any intrinsic benefit per se; the benefit it has is the recognition or validity authorities will give to it,” said Lagos, who worked for months to develop a screening process, including fingerprints, and a tough-to-fake card that satisfies San Francisco police. 

Other countries’ consulates in San Francisco have shown interest in the cards, and Lagos said she’s working with other cities and counties in Northern California to expand the idea. 

“Before there was only an informal agreement between the consulate and the police or sheriff’s department. Now it no longer will be left at the authorities’ discretion,” said Lagos. 

Many of the immigrants in line Tuesday were confused about just what they would be able to do with the cards. Many, like Sotero Rosas, mistakenly thought it would help otherwise undocumented immigrants get California drivers’ licenses or car insurance. 

“I am not really aware of the benefits but if they are saying it will be good I have nothing to lose,” said Rosas, who came to the San Francisco Bay area from Veracruz, Mexico, two years ago, and was wearing a neck collar after a car accident. 

Francisco Herrera, also from Veracruz, brought his wife and two children to the consulate for the same reasons. A construction worker who has lived in the Bay Area for six years, he said neither he nor his wife have proper U.S. documentation. 

Sandoval said it’s important for users to understand the card is only valid in San Francisco and is not a substitute for a driver’s license or a passport necessary to fly or cross borders. 

Some advocates of limiting immigration have expressed concern that San Francisco’s new policy will encourage illegal immigration. Rick Oltman of the Federation for American Immigration Reform told the San Francisco Chronicle that police should arrest its bearers as illegal immigrants. 

But San Francisco police say they have no duty to enforce federal laws, and Lagos said it’s simply the consulate’s duty to protect its nationals, regardless of their legal status in the United States. 

Furthermore, the card has more security measures — and is more useful — than other forms of ID, she said. It not only helps illegal immigrants, but also people with valid visas. 

“This is the credential the U.S. State Department gave me,” said Lagos showing her diplomatic credential “As you can see it does not have a digital photo, it is too big to fit in my wallet, it is easy to forge and banks don’t accept it.” 

Sandoval hopes San Francisco will serve as a model for other cities and possibly to Gov. Gray Davis whom he hopes will drop the proof of citizenship requirement necessary to get a California driver’s license. 

“We’re looking at broader issues like NAFTA and the integration of two societies,” Sandoval said. “In Europe, it would not make sense if a Spaniard went to France and the French would not accept his ID card.” 

LOS ANGELES (AP) — A federal judge on Thursday convicted the first of 10 defendants facing trials on charges of trespassing at Vandenberg Air Force Base during an October 2000 protest against militarization of space. 

Bruce Gagnon, a protest coordinator, was sentenced to two years of probation, fined $1,000 and ordered to pay a $10 fee. 

“This court takes the Constitution of this country very seriously,” U.S. Magistrate Judge Jeffrey Johnson said. “The viability and effectiveness of civil disobedience does not provide justification for breaking the law.” 

The series of non-jury trials for 10 defendants began after another defendant pleaded guilty and charges against five others were dismissed by the judge at the request of Assistant U.S. Attorney Sharon McCaslin, who cited “evidentiary” reasons. 

Four other defendants pleaded guilty earlier this week. “West Wing” star Martin Sheen, who also took part in the demonstration, entered a guilty plea in June and was placed on three years’ probation and fined $500. 

Sheen and the others were arrested as they tried to deliver a letter to Vandenberg’s commander explaining their opposition to space-based weapons. 

The central coast base tests intercontinental ballistic missiles and has been the launch site for missiles used as targets in tests of a missile defense system. 

Before entering court, the activists told a news conference that a looming arms race in space justified their action during an Oct. 7, 2000, international day of protest organized by Gainesville, Fla.-based Global Network Against Weapons & Nuclear in Space. 

“Our feeling is that there must be an international debate to protect the heavens,” Gagnon said. “Star Wars will not only create a deadly new arms race in space but paying for it will drain the national treasury and require devastating cuts in education and health care.” 

The trials were expected to conclude on Monday. The trespassing charges carry a penalty of up to six months in jail and a $5,000 fine. 

Ruth Thomas Holbrook, a student at the University of California, Santa Cruz, was fined $100, sentenced to one year of probation and ordered to pay a $10 fee after pleading guilty Thursday.

PEARL HARBOR, Hawaii — Kunio Iwashita, a Zero fighter pilot during World War II, says it was only on Sept. 11 — six decades after the attack on Pearl Harbor — that he realized how Americans must have felt back then. 

“I was very impressed with all the flags on buildings and cars, with the patriotism Americans showed after Sept. 11,” said Iwashita, who was visiting relatives in Boston that day. “I realized what a big, strong country America is. I had no idea about that” in 1941. 

Iwashita, who heads a group of Japanese World War II fighter pilots and himself flew against Americans in the Pacific, was among veterans from both sides gathered for Friday’s 60th anniversary of the most infamous sneak attack of the 20th century. 

This year, the gathering takes place in the shadow of another war, triggered by a surprise attack that has been likened to Pearl Harbor. 

At a Pearl Harbor event on Wednesday, fellow veterans applauded as Iwashita embraced one of his former enemies, Jim Daniels, 86, of Kailua, Hawaii. They all shook hands and stood at attention as a bugler played taps at the close of a three-day seminar on war issues. 

Dozens of survivors will gather Friday for a Navy service aboard the USS Arizona Memorial, held each year at 7:50 a.m., the time the Dec. 7, 1941, attack began. Later in the morning, about 3,000 people — including an estimated 800 Pearl Harbor survivors — will attend a service at the National Memorial Cemetery of the Pacific. 

President Bush will mark the anniversary across the country with a speech aboard an aircraft carrier in Norfolk, Va. 

The Japanese attack on Pearl Harbor killed 2,390 Americans and plunged the United States into World War II. 

On that day of infamy, Douglas G. Phillips, 84, watched from the USS Ramsay on Dec. 7 as the torpedoed USS Utah capsized and sank. 

“The whole world changed for us,” said Phillips, who is from Easton, Md. 

The world changed again for Americans after terrorists attacked New York and Washington on Sept. 11. And among this week’s visitors to Pearl Harbor were people connected to that 21st-century day of infamy. 

Emergency workers from New York, here as guests of the state and merchants, met Pearl Harbor survivors at a reception on Monday. 

“To me, it was like a dream come true,” said firefighter Bruce Vannosdall, 46, whose squadron lost six members at the World Trade Center and whose father fought in World War II. “It’s a total honor.” 

This anniversary is probably the last that will be attended by a large number of survivors, said Harry Butowsky, a historian for the National Park Service in Washington. 

“They just took life and they lived it to its fullest,” Butowsky said. “They had terrible memories, but they got over it. They didn’t live their lives with hate.” 

Even today, Hank Freitas, who was on the USS Tangier, a seaplane tender tied up next to the USS Utah, gets emotional being near the scene of the attack. 

“I cry,” said Freitas, 80, of Walnut Creek, Calif. “I was out at Pearl Harbor yesterday and I cried from the time I got there to the time I left.”

FRAZIER PARK — Staff Sgt. Brian Cody Prosser dreamed of serving in the Special Forces. Long before he shipped out to Afghanistan, one friend said it seemed as if he “wanted to save the Middle East.” 

The 28-year-old Green Beret was one of three soldiers killed in Afghanistan when a bomb missed its Taliban target and landed about 100 yards from them. Twenty others were wounded in the worst “friendly fire” accident of the war. 

Prosser’s father, also named Brian, said Thursday his son “was a hero in our house and I hope he is in yours too.” 

He did not criticize the military for the death of his son, who he said received the Bronze Star on Thursday. 

“Fire is fire. It doesn’t matter how it happens,” said Prosser, a paraplegic who uses a motorized wheelchair. “He was the kind of guy that believed in what they’re doing over there and what we’re going to continue to do, and he would have been upset if he was anywhere but where he was.” 

Friends who knew Prosser when he starred on the high school football team and worked at the local lumber store shared their memories of Prosser. 

“When he went into the Army that was his dream, to become an Army Ranger,” recalled Glenn Wilson, a former football buddy. 

Prosser also had a fascination with the Middle East. 

Family friend Dennis Penna often talked with Prosser about his tour of duty as a U.S. military adviser in Iran in the 1970s. 

“When he found out I served in Iran, (that’s) all he wanted to talk about,” Penna said. “It seemed like he wanted to save the Middle East.” 

Prosser grew up in Frazier Park, a tiny, bucolic mountain town about 50 miles north of Los Angeles with an old-fashioned main street that still appears anchored in the 1950s. His death left the town devastated but at the same time proud to have known him. 

Albert Allen, his football coach at Maricopa High School, recalled Prosser as a tough competitor who separated his shoulder several times while playing linebacker. Prosser would trot over to the sideline where his father — an assistant coach — would put his shoulder back in place. 

Prosser was captain of the team. After school, he worked at Alpine Lumber. 

“He was quite a character,” said Jean Miller, the store manager. “He had a sense of humor.” 

Jessica Quintana, 27, recalled riding the bus to high school with Prosser. 

“He used to hang out with all the jocks in the back,” she said. “They would raise a lot of hell for the bus driver, stuff like flicking pennies from the back to the front and making noise the bus driver couldn’t find.” 

Cheri Sutherland often drove the bus. 

“I would have to stop and scold him, and he would just take it,” she said. “He knew he would do it again, but it was never vindictive.” 

One of four brothers, Prosser joined the Army soon after graduating from high school. 

Jarudd Prosser said the family knew the risks involved, adding that as soon he learned his brother was shipping out for Afghanistan he made it a point to tell him how he felt about him. 

“In a war, people die,” he said. “It puts a lot of things in perspective. It really makes me think when you care about someone, you have to tell them that. When I heard he was going overseas, I left nothing unsaid.” 

Prosser’s wife Shawna, who lives in Clarksville, Tenn., said she was proud of her husband. 

“Although I am deeply saddened and will always miss him, I find some comfort knowing that he died doing what he loved — being part of the Special Forces,” she said at Fort Campbell, Ky., where her husband was stationed. 

Funeral plans were not yet completed. But the family reportedly hopes to bring Prosser’s body back to Frazier Park for a service before having him interred in Arlington National Cemetery outside Washington, D.C. 

The other soldiers killed Wednesday were identified as Master Sgt. Jefferson Donald Davis, 39, of Watauga, Tenn., and Sgt. 1st Class Daniel Petithory, 32, of Cheshire, Mass. 

All were members of the Army’s 3rd Battalion, 5th Special Forces Group, stationed at Fort Campbell. 

Gov. Gray Davis issued a statement Wednesday night praising each of them. 

“These men served their country valiantly,” he said. “They made the supreme sacrifice for our freedoms.” 

HENDERSON, Nev. — When the Bingo Palace opened off the Las Vegas Strip in 1977, the casino industry didn’t give it much of a chance. But building away from the action led Station Casinos into a lucrative new market — neighborhood casinos. 

“At the time everyone thought he was crazy for building off the Strip,” said President Lorenzo Fertitta, son of Station’s founder Frank Fertitta Jr. 

Two years after it opened, the Bingo Palace became Palace Station, attracting local gamblers who didn’t want to fight the crowds on Las Vegas Boulevard. 

Station Casinos Inc. had found its niche by offering bingo, buffets and later bowling. 

“We, in a sense, created the locals market,” Fertitta said. 

Today, the Las Vegas-based company has grown into a locals gambling empire as it prepares to open its ninth hotel-casino in the area. 

Though Green Valley Ranch Station in nearby suburban Henderson is decidedly more upscale than its counterparts, company officials balk at calling the resort and spa a departure. 

Instead, they insist the $300 million property that will feature a Rande Gerber nightclub, a European day spa, a three-acre vineyard and well-known restaurants — Il Fornaio, BullShrimp and Border Grille — is a natural evolution. 

“We want to mix a lot of different groups of people,” Fertitta said. “If a guy in shorts and a T-shirt is sitting at a blackjack table with a guy in a suit, then we’ve accomplished our goal.” 

Despite its fancy trappings, Green Valley Ranch will adhere to the same formula that has made Station Casinos nearly a $1 billion a year operation — providing easy access and value through food, entertainment and loose slots. 

“All this has to be put in a box that’s easy to get to,” Fertitta said. “You need to be located by an interstate or a busy intersection and have ample parking.” 

Las Vegas Strip resorts have to build hotel rooms, but Station only has to build parking garages, Fertitta said, simplifying the formula for success. Station casinos also feature movie theaters, fast-food courts and even baby-sitting services to attract residents. 

Company officials predict that 80 percent of the new resort’s business will come from local residents, but they hope to attract the other 20 percent from the Strip because of Green Valley Ranch’s access to Interstate 215 and its airport proximity. 

“Some people don’t want to stay in a big hotel with thousands of rooms,” Fertitta said. “They want to hang out where the locals do.” 

Some industry experts believe Station Casinos is taking a risk and point to the recent failure of the bankrupt Las Vegas Regent, an upscale hotel-casino 10 miles from the Strip that hoped to attract affluent visitors as well as locals to its westside restaurants and casino. 

Others believe that the management team’s experience will pay off. 

“It’s going to be interesting,” said Jason Ader, a gambling industry analyst for Bear Stearns Co. in New York. “I think if anyone can pull it off, it will be them. Station Casinos are really best at understanding local Las Vegas and customers that make up that market.” 

Ader said he thinks Green Valley Ranch will succeed because it’s easy to get to and easy to navigate once inside. 

“And it’s beautiful,” he said. “It’s the nicest product I’ve seen in the local market.” 

The Nevada Gaming Commission last month unanimously approved the Henderson resort, clearing the way for its Dec. 18 opening. 

“I think it’s a magnificent edifice and it’s an ideal location,” said Nevada Gaming Commissioner Augie Gurrola. 

The Station resort is only the second new hotel-casino scheduled to open this year in the Las Vegas valley, and both additions are in contrast with the huge hotels that have transformed the Strip in recent years. 

While the newest Strip megaresorts boast thousands of rooms, Green Valley Ranch will have 201 rooms and the off-Strip Palms hotel-casino has 455 rooms. 

The Palms, a small percentage of which also is owned by Stations and the Greenspuns, opened in November across from the Rio hotel-casino. 

Station owns 50 percent of Green Valley Ranch and will manage it; the Greenspun family, owners of the Las Vegas Sun newspaper, owns the other half. 

Station now accounts for about 7 percent of Nevada’s gross gaming revenues, and less than 9 percent of Clark County’s. Once Green Valley Ranch opens, Station expects its Nevada share to rise by less than 1 percent, and its Clark County share to rise by 2 percent. 

The company reported net revenues of $991.7 million for fiscal 2000, and employs 11,000 workers. 

“When we opened Boulder Station in 1994, Wall Street didn’t even blink,” said Glenn Christenson, Station’s chief financial officer. 

In addition to Palace Station, the company owns and operates Boulder Station, Texas Station, Sunset Station and Santa Fe Station as well as the Fiesta, the Reserve and Wild Wild West hotel-casinos and has a 50 percent interest in Barleys Casino and Brewery in Henderson. 

It sold its Missouri riverboat casinos in Kansas City and St. Charles to Ameristar Casinos Inc. of Las Vegas for $475 million earlier this year. 

Station prides itself on being the only Las Vegas casino corporation that didn’t lay off workers following the tourism slowdown after Sept. 11, Christenson said. 

Many of the company’s customers are employed in the gambling industry, however, so the estimated 15,000 layoffs on the Strip had a ripple effect. 

But Christenson remains optimistic. 

“As Strip occupancy and visitor volumes increase, so will rehiring (by Strip casinos),” he said. “Many of those (rehired employees) will be Station customers.” 

Ader said Station Casinos is well positioned for a Las Vegas recovery, which he predicts will come mid-2002. 

“We are still long-term believers in the Station story, especially given the favorable long-term supply/demand dynamics in the market,” Ader wrote. “We would recommend shares of Station for investors with a longer-term investment horizon.” 

——— 

On the Net: http://www.stationcasinos.com/ 

SEATTLE — For most of his adult life, Gary Leon Ridgway walked a tightrope. 

He did all the normal things: held a steady job, got married and had a son. But for almost two decades, police viewed Gary Ridgway as a top suspect in the Green River serial killings. 

And he knew it. 

He was arrested in a 1982 prostitution sting. A year later, he was seen driving off with Marie Malvar, whose remains still have not been found. 

By 1987, 42 women were reported dead or missing, and investigators had questioned Ridgway at least six times. But Ridgway had passed a polygraph test, and even after tailing him and searching his home and his trucks, investigators could find no physical evidence linking him to the crimes. 

And so, at least nominally, Ridgway remained a free man. 

That changed last Friday. New DNA technology succeeded where old DNA tests failed, and authorities arrested the Auburn man, now 52, as he left his job at Kenworth Truck Co. in Renton. 

He was charged with aggravated murder Wednesday in the deaths of Marcia Chapman, Cynthia Hinds, Opal Mills and Carol Christensen — bodies No. 3, 4, 5 and 7 on a tentative list of 49 Green River victims found in western Washington and Oregon from 1982 to 1984. 

And suddenly, the mostly dormant investigation into nation’s worst unsolved serial killings case has new life. Detectives from San Diego, where Ridgway was stationed briefly while in the Navy, to British Columbia are taking another look as scores of unsolved killings of prostitutes, runaways and drug-addicts. 

“I’m hoping we can get to the point where he might be forced to ... sit down and have a heart-to-heart talk with us,” said King County Sheriff Dave Reichert. “That’s our next prayer.” 

Authorities believe there may be a lot to tell, but they say they won’t let him plead guilty in return for assurances his life will be spared. That could reduce the likelihood he would confess to other killings. 

But King County Prosecutor Norm Maleng stands by that decision. Plea-bargaining with the death penalty, he says, might lead to a greater injustice: People convicted of one murder might be put to death simply because they have nothing else to confess to. 

Besides the four women he is charged with killing, Ridgway was seen with other victims shortly before they disappeared. Some prostitutes identified him as a suspect. 

At least two women, a prostitute and an ex-wife, reported he choked them. Some of the Green River victims were strangled; in as many as 35 cases, the cause of death could not be determined because the bodies were decomposed. 

Ridgway voluntarily spoke with investigators. He told them he had an addiction to prostitutes, and said he had relations with or recognized photos of many Green River victims. But that’s as far as he went. 

And so, nothing happened. Police tailed him for a few weeks in October 1986, but saw him do nothing more incriminating than cruise the seedy stretches of Pacific Highway South and Rainier Avenue South, from where many victims vanished. 

They searched his house in 1987, but found no conclusive evidence. Ridgway had replaced the carpets a few months before. 

It was then that authorities made Ridgway chew on a piece of gauze, providing saliva that later linked his DNA to three victims. 

And, as time wore on, money ran out, eventually leaving just one investigator on the case. 

Some criminologists say it’s highly unlikely that, if Ridgway is the Green River Killer, he simply stopped killing. 

“These people could change locations or, if they’re sophisticated enough, even change their M.O. to a point that further homicides might not be connected, but they’re not going to just stop,” said former FBI criminologist Robert K. Ressler. 

That has investigators wondering about dozens of other unsolved murders in western Washington and 48 women who have disappeared since 1983 from Vancouver, a 140-mile drive from Seattle. 

Meanwhile, investigators are looking closer at Ridgway’s habits over the years — beyond the superficial picture of a husband, homeowner and conscientious employee. 

Prostitutes, girlfriends and an ex-wife told detectives he liked to have sex outdoors, sometimes along the banks of the Green River or in other areas where bodies were later found.  

One girlfriend said that on Christmas Eve 1981, a distraught Ridgway told her he had almost killed a woman; their conversation was interrupted, and he never mentioned it again. 

“In many ways the work of this case, which began over 19 years ago, has only just begun,” Maleng said. 

CARSON CITY, Nev. — The Nevada Supreme Court refused Thursday to reinstate a money-laundering case against Las Vegas golf course developer and professional gambler Billy Walters and three other men. 

The high court rejected arguments by the state attorney general’s office that Clark County District Judge Mark Gibbons erred in tossing out a grand jury indictment in the case last year. It was the third such indictment to be rejected. 

In addition to Walters, the Supreme Court decision favors his security chief Jimmie Hanley, his computer chief Daniel Pray, and John Tognino of New York. 

Justices said the state’s evidence showed that Walters’ business had “considerable contact with an alleged bookmaker in New York,” and he and the other three men frequently transferred large sums in casino accounts. 

“While such circumstantial evidence allows an inference of money-laundering in connection with illegal gambling, the state’s evidence ... is marginal,” the court said. 

The Supreme Court also criticized prosecutors for introducing prejudicial testimony about organized crime activity in New York. 

Justices said prosecutors told grand jurors that the four men were only charged with money-laundering, but “did nothing to curtail the flood of immaterial testimony concerning organized crime families.” 

The unanimous decision upholds the lower court’s ruling that prosecutors erred in letting New York City Police Detective Edward Galanek give grand jurors a rambling tutorial on organized crime operations in that city. 

The judge said there was no allegation that the Walters defendants were associated with organized crime, and it’s possible the testimony inflamed the grand jury that subsequently returned the indictment. 

Richard Wright, attorney for the four men, said prosecutors “totally ignored” Nevada law on grand jury proceedings — laws that provide much better protections for defendants than federal law. 

Prosecutors contended the men were involved in a conspiracy with out-of-state bookmakers to place illegal bets and then transport the winnings back to Nevada. 

The attorney general said that Walters had a Las Vegas phone-room operation that made up to 12,000 calls a month out of state to illegal bookies. Investigators believed Walters had Hanley handle the cash sent back to Nevada on winning bets, and had Pray maintain the betting records.

LAS VEGAS — Fifty years after Frank Sinatra’s debut at the Desert Inn resort, the Chairman of the Board will be honored with his own day. 

Lt. Gov. Lorraine Hunt and Las Vegas Mayor Oscar Goodman announced Thursday that Sinatra’s birthday on Dec. 12 will be “Sinatra Day” in Nevada in recognition of the icon’s influence in shaping Las Vegas’ image. Sinatra would have been 86. 

“If anyone deserves his own day in Las Vegas, it’s Frank Sinatra, who epitomized all the best of Las Vegas style and cool,” Goodman said at a news conference. 

A new slot machine also was introduced by International Game Technology, “Sinatra Slots.” The dollar machine pays a progressive jackpot of up to $500,000 and features sound bites of Sinatra singing some of his hits, including “Fly Me to the Moon” and “My Kind of Town.” 

MGM Grand hotel-casino, one of the places the slot machine will debut, and IGT are sponsoring a free concert Dec. 11 starring Frank Sinatra Jr. 

“Sinatra Day” will be recognized by Las Vegas Strip hotel-casinos, which will display “Happy Birthday Frank” on their marquees, while the Bellagio fountains and the Fremont Street Experience will play musical tributes. 

As part of the tribute, the Las Vegas Convention and Visitors Authority is releasing a CD that features the never-before-released song, “It’s Time for You.” 

The song was used with permission of the Frank Sinatra Foundation in a series of TV ads launched by the authority after Sept. 11 to promote the city. 

“To do the ’It’s Time for You’ campaign was a big decision. ... Do you move on from those images and start promoting Las Vegas?” said Tina Sinatra, Sinatra’s oldest daughter. 

“I wanted to make him part of this healing process,” she said through tears. “He was a man that when times were tough, went to work.” 

TUCSON, Ariz. — With a landmark court victory in hand, a Southwest environmental group wants to raise $1 million so it can kick cattle off tens of thousands of acres of Arizona and New Mexico. 

On Nov. 21, the Santa Fe-based group Forest Guardians won a case before Arizona’s Supreme Court that upended a decades-old policy of giving ranchers a monopoly on 8.3 million acres of state school trust land. 

The court said people with no intention of raising livestock could still bid on the 10-year grazing leases, which cover about 10 percent of the state. 

An Arizona Daily Star review of State Land Department records has found that 497 grazing leases in Pima County covering 205,068 acres will expire in 2002. 

Environmentalists say the decision will let them rest land that has been overgrazed to resemble “moonscapes” and end a subsidy for “cowboy socialists” that shortchanges the state’s public school system. 

But the ruling outraged many local ranchers. They fear it could kill their businesses and promote housing development on ranches that have hosted livestock since Arizona’s territorial days and grazing by other animals for eons longer. 

For the King family, the ruling means land they’ve ranched for four generations, since 1895, is up for grabs. 

In Altar Valley, 35 miles southwest of Tucson, the Kings run cattle on about 50,000 acres, most of it school trust land. 

“I don’t believe I’ve abused this land, be it state land or our own private land. We care for it just the same,” Pat King said. “We’ve done lots of conservation work and we’re very proud of it.” 

Jim Chilton, another Altar Valley rancher, said opening up grazing leases to the free market could create confusion and “pit neighbor against neighbor” since state lands are often interspersed with private property in a checkerboard pattern. 

Of the 1.6 million acres of grazed land in Pima County, 51 percent is state trust, 27 percent is federal and 12 percent is private property, according to county figures. 

Many ranchers say the new rules are akin to turning owner-occupied homes into rental units with high turnover — the short-term tenants won’t be good stewards of the land. 

But grazing opponents counter that cattle pollute water sources, introduce exotic species and destroy habitat for endangered wildlife. Forest Guardians’ Web site calls livestock grazing “by far the single most destructive activity on Southwestern public lands.” 

Ranchers respond that well-managed grazing actually improves range conditions. 

“These plants have evolved over the last 100,000 or 200,000 years with grazing,” Chilton said. “We have all kinds of evidence that horses, camel, bison, mammoth and other grazing animals have been on the land for eons.” 

For decades, ranchers have had a lock on the grazing leases, paying an average of 25 cents per acre annually, according to State Land Department officials. 

But in recent years, environmental groups tried bidding on those leases, sometimes offering five times as much money as ranchers did. Until last month’s Supreme Court decision, those bids were rejected out of hand. 

Although the State Land Department still has some leeway in determining who is the “best” bidder, environmentalists say it will now have to prove why livestock is better for the land than a period of nongrazing. 

John Horning, conservation director for Forest Guardians, said his group is creating a list of targets by overlaying biological diversity data on top of maps that show which grazing leases are expiring. 

“We’re looking at the 10 to 15 sites that are the ecological crown jewels of state trust lands,” said Horning. 

In the arid Southwest, that usually means areas with water. 

If Forest Guardians raises $1 million, it could control 50,000 to 100,000 acres in Arizona and New Mexico, Horning said.

JUNEAU, Alaska — A Juneau man who was mauled by a grizzly bear Wednesday was reported in satisfactory condition after surgery at Harborview Medical Center in Seattle. 

Kenneth Horton, 52, was deer hunting on Admiralty Island, about 15 miles northwest of Juneau, when the attack occurred. Alaska State Troopers say Horton told them the entire incident lasted about three seconds. 

“He was walking along and was suddenly within 10 feet of a sow and a cub.  

They made eye contact and she was on him — boom — like that. One bite to the head, one bite to the shoulder and she was gone,” trooper spokesman Greg Wilkinson said. 

The bear left deep lacerations and broke bones on the left side of Horton’s face, Wilkinson said. 

Coast Guard officials said they received a cell phone call from Horton at about 1:40 p.m. Horton told them he had been attacked by a bear and was suffering from severe head, face and shoulder wounds. 

The Coast Guard and troopers dispatched boats to the area, but before they arrived, Horton was rescued by a flightseeing helicopter operated by Coastal Helicopters. The helicopter was passing overhead just after the incident occurred, Wilkinson said. 

Horton was treated at Bartlett Regional Hospital in Juneau, then flown to Seattle. 

“He’s an extremely lucky individual to have received help as fast as he did. He was hurt pretty bad,” Wilkinson said. 

SAN JOSE — Computer server maker Sun Microsystems Inc. said Thursday it is on track to meet sales targets this quarter but stopped short of giving specific guidance to Wall Street. 

Executives at the Palo Alto-based company said they still expect Sun to return to profitability in the quarter that ends in June. Orders in this second fiscal quarter, which ends Dec. 31, have been within forecasts, chief financial officer Mike Lehman said. 

“We feel in good shape to go hit our internal expectations,” Lehman said. 

Analysts are expecting Sun to lose 4 cents per share this quarter, excluding one-time events, on $3.1 billion in revenue, according to Thomson Financial/First Call. Sun amassed $5.1 billion in revenue in the comparable quarter last year. 

Sun’s comments figured to be examined closely because investors have been looking for any signs that the worst of the recent downturn could be over for the technology industry. 

Sun shares fell 42 cents, nearly 3 percent, to $14.15 on the Nasdaq Stock Market before the quarterly outlook was released. The stock was down to $14.11 in after-hours trading. 

Sun’s president and chief operating officer, Ed Zander, acknowledged demand is lower than it could be because of “gray market” equipment being sold off by defunct technology companies. 

But he said Sun is benefiting somewhat from the uncertainty surrounding the planned merger of rivals Hewlett-Packard Co. and Compaq Computer Corp. 

“Our company is lot stronger than it was in December 2000,” Zander said. “I couldn’t ask for a better lineup in products.”

SAN JOSE — In another sign the semiconductor industry may be recovering, Intel Corp. and Advanced Micro Devices said Thursday their fourth-quarter revenues are expected to exceed earlier forecasts. 

Santa Clara-based Intel said revenue for the three months ending Dec. 29 will be between $6.7 billion and $6.9 billion, compared with the previous range of between $6.2 billion and $6.8 billion. 

Sunnyvale-based AMD also said sales would be up 10 percent or better compared with the third-quarter’s $765.9 million. The company earlier said it expected flat to single-digit growth. 

Both companies cited strength in microprocessors, the brains of all power computers. No per-share earnings estimates were released. 

In the third quarter, Intel reported revenue of $6.5 billion, down 25 percent from $8.7 billion in the same period a year ago. AMD’s revenue fell nearly 37 percent from a year ago. 

Intel earned $106 million, or 2 cents a share, in the third quarter, compared with $2.51 billion, or 41 cents a share, in the same time last year. Analysts are expecting profits of 10 cents a share in the fourth quarter, according to a survey by Thomson Financial/First Call. 

AMD, on the other hand, lost $186.9 million in the third quarter, or 54 cents a share, compared with a profit of $408.6 million, or $1.18 per share in the same period a year ago. For the current quarter, analysts expect a profit of 5 cents a share. 

Both companies have been fierce rivals and engaged in a price war over the summer to bolster market share. 

Intel also has accelerated the launch of its flagship Pentium 4 and the phasing out of the Pentium III on desktops, while AMD during the quarter rolled out the Athlon XP processors. 

AMD’s new processor does not run as fast as the Pentium but it costs less and in some cases offers better performance. In its statement, AMD said it expects to break its unit-sales record. 

“We think they’re seeing very good sales because of the price-performance advantage,” said Eric Rothdeutch, an analyst at Robertson Stephens. 

Rothdeutsch added he does not believe the stronger sales translate into strength for the personal computer market overall. 

“We are still expecting worldwide PC sales to be down 8 percent year to year,” he said. 

During earlier conference calls, the companies said uncertainty following the Sept. 11 attacks would mute any seasonal bump in sales. It now appears the industry was not as hard hit as had been expected. 

Shares of Intel fell 45 cents to $34.16 in Thursday trading on the Nasdaq Stock Market. In after hours trading, they gained 74 cents. 

AMD shares closed up a penny to $16.25 on the New York Stock Exchange and gained another $1.25 in after-hours trading.

SAN FRANCISCO — Once-hip retailer Gap Inc. remained an unfashionable place to shop in November, with comparable store sales plunging 25 percent from the same time last year — the steepest drop yet during the clothier’s 19-month slide. 

The miserable start to the holiday shopping season prompted Gap to warn that its fourth-quarter loss will be “considerably worse” than its third-quarter loss of $48 million, or 6 cents per share, excluding tax charges. 

Wall Street had expected Gap to earn 8 cents per share in its final fiscal quarter, based on the consensus estimate of analysts polled by Thomson Financial/First Call. 

The Gap’s deepening troubles could be good news for consumers, though. 

The Gap will slash prices to clear its shelves of unsold merchandise during the next two months, management said in a conference call Thursday. The biggest sales will probably occur at the company’s Old Navy chain, where comparable store sales during November fell by more than 30 percent. 

Though the Gap’s fortunes have been fading since its comparable store sales began falling in May 2000, Thursday’s news stunned some analysts. 

“These number mean the Gap has become a market share donor to other stores in the mall,” analyst Richard Jaffe of UBS Warburg. “I have never seen anything this bad in the 10 years that I have been following retailing.” 

Investors reacted surprisingly well to Gap’s continued sales losses. The company’s shares surged 62 cents to close at $14.20 Thursday on the New York Stock Exchange. This year, the stock is down by 44 percent. 

Thursday’s stock market gains reflect a belief that Gap’s management will correct its mistakes of the past two years and replenish stores with clothes that have more mass market appeal, analysts said. 

The turnaround will likely require the Gap to close stores during the next year and shrink the size of other locations, particularly at Old Navy, said analyst Jennifer Black of Wells Fargo Van Kaspar. 

“We believe the company has begun to do a lot of soul searching and may finally be ready to take this big step,” Black wrote in a note to clients Thursday. 

To lower its expenses, earlier this year the San Francisco-based company fired hundreds of administrative workers, marking the first layoffs in its history. 

The Gap’s troubles began when management strayed from its traditional selection of stylish, casual clothes and emphasized edgier clothes with teen appeal. Besides alienating many of the Gap’s older customers, the change made the company more susceptible to fickle fashion tastes. 

Because the Gap makes most of its clothes offshore, the company usually can’t change its fashion mix for at least six months, while smaller specialty merchants such as Wet Seal can shift gears in less than two months, said analyst Elizabeth Pierce of Wedbush Morgan Securities. 

Despite the Gap’s troubles, analysts believe the retailer can recapture the magic that once made it a trendsetter and made its stock a Wall Street darling during the last half of the 1990s. 

“There is still tremendous equity in the Gap brand,” Pierce said. “Consumers are still coming into the stores to look. They just need to get back to the essence of Gap.”

LOS ANGELES — Driven by low mortgage rates, the number of California households able to afford their own home grew to 34 percent in October, according to an industry study released Thursday. 

The 3 percent increase from the same period a year ago represents the biggest jump in more than a year in the Housing Affordability Index, released monthly by the California Association of Realtors. 

Even though more than one-third of California households can now afford to own a home, that’s still far below the national average of 59 percent. 

The biggest factor in the affordability increase has been the Federal Reserve’s ongoing interest rate cuts, which have pushed down mortgage rates. 

“Mortgage interest rates fell more than one percentage point in October compared to a year ago, which has helped offset an 8.5 percent increase in the median price of a single-family home in California,” Robert Bailey, president of CAR, said in a statement. 

The results from CAR reflect a wide range of California home prices region to region. 

San Francisco remained the most expense county in the state, where a family needed a minimum income of $130,375 in October to afford the median priced home of $515,060. Just 16 percent of households could afford to buy a house, although that number represents an improvement over last year, when only 11 percent of the population could buy. 

The most affordable area in the state in October was Kern County, where 62 percent of households could afford their own home. The median home price was $105,789. 

The greatest year-to-year regional improvement in October was in Santa Clara County, the heart of Silicon Valley, where affordability climbed 12 percentage points to 30 percent, as the median home price fell to $481,000 amid the tech downturn from $527,220 a year earlier.

NEW YORK — Hearst Corp. chief executive and president Frank A. Bennack Jr. will retire at the end of next May. Chief operating officer Victor F. Ganzi, 54, was tapped to replace him. 

Bennack, 68, has been with Hearst for more than 40 years, serving as executive vice president and chief operating officer of the corporation, and vice president and general manager of the Hearst Newspaper Group, before taking over as chief executive in January 1979. 

The company announced the change Wednesday. 

Bennack said he was confident he had picked a successor who “will take the company to greater heights.” 

“While deciding on a personal change of this magnitude leaves me with decidedly mixed emotions after 23 years as a chief executive, I could not be more enthusiastic about the future prospects for the company under Vic Ganzi’s leadership,” Bennack said. 

Since Bennack took over, Hearst has increased revenues sevenfold, acquiring 10 newspapers — including the Houston Chronicle and the San Francisco Chronicle — two trade publishing companies and five television stations, among other properties. Bennack was also instrumental in launching Hearst-Argyle Television Inc., one of the nation’s largest non-network owned television station groups of which Hearst is a majority shareholder. 

Bennack will remain active with the company, assuming the positions of chairman of the executive committee and vice chairman of the company’s board of directors. 

Bennack, a native of San Antonio, serves a director on the board of J.P. Morgan Chase & Co., American Home Products Corp. and Polo Ralph Lauren Corp. 

Ganzi joined Hearst in 1990 as general counsel and vice president and has also served as chief financial and legal officer. Prior to Hearst, Ganzi was the managing partner at Rogers & Wells — now Clifford Chance Rogers & Wells — one of the world’s largest law firms. 

The privately held Hearst, which employs about 20,000 people in 100 countries, owns 12 daily newspapers and also has interests in television, cable and radio.  

Its large magazine division publishes titles such as Cosmopolitan and Good Housekeeping. 

——— 

On the Net: 

http://www.hearst.com 

HARRISBURG, Pa. — About 800 former customers of an electricity supplier that served Pennsylvanians over the Internet before going out of business will receive refunds, the state’s consumer advocate said Thursday. 

The company, Utility.com, will refund approximately $50,000 to the former customers, said Irwin Popowsky, the consumer advocate. 

Other refunds totaling about $70,000 were sent to nearly 1,000 former customers in May. 

The Emeryville, Calif.-based company was licensed to provide electric generation services in Pennsylvania, but informed its 30,000 customers in the state that it was going out of business in March. 

Popowsky filed a complaint with the Pennsylvania Public Utility Commission seeking the refunds, noting that many former customers had overpaid for services. 

Customers qualifying for refunds include those who had signed up for “budget billing” programs with the online supplier, and had equal amounts of money deducted directly from bank accounts or credit cards each month. 

Utility.com customers were notified by e-mail that the company would no longer provide service, in part because of rising costs for wholesale electricity. 

Pennsylvania customers located in the PPL Corp., GPU Energy, Duquesne Light Co. and Allegheny Power service territories were automatically returned to their local utility, unless they selected another power company under the state’s electric choice program. 

——— 

On the Net: 

Pennsylvania Office of Consumer Advocate: http://www.oca.state.pa.us 

CAMBRIDGE, Mass. — Biotechnology company Millennium Pharmaceuticals Inc. is acquiring South San Francisco, Calif.-based COR Therapeutics Inc. for $2 billion in stock, the company announced Thursday. 

Millennium’s takeover of COR Therapeutics, which specializes in cardiovascular drugs, is the company’s fourth in five years. The deal gives Millennium the heart drug Integrilin, the leading anti-platelet drug, which prevents platelets from blocking arteries. 

The Cambridge-based Millennium said it will pay $35 a share for COR, a 77 percent premium of the stock’s closing price Wednesday. 

COR shares jumped $9.85, or 49 percent, to $29.39 in trading on the Nasdaq Stock Market Thursday. Millennium shares were down $4.67, or 13 percent, at $30.78. 

The acquisition of COR, which has about 320 employees, creates a 1,800- employee company with a research and development staff of 1,200. 

Millennium chief executive officer Mark Levin said size is important in the biopharmaceutical industry, where it costs about $800 million to bring a drug to market, according to recent studies. 

“It’s not big to be big,” Levin said. “It’s big to be better.” 

Millennium’s specialty is genomics, which involves the use of genes and proteins in drug development. Its focus is drugs for cancer, obesity and inflammation. 

“We’ve been looking at each other across the ballroom and we finally started to dance, and then got married,” said COR CEO Vaughn Kailian. 

Kailian said Millennium’s genomics research, specialized medicine and oncology drugs would complement COR’s activities. 

——— 

On the Net: 

http://www.mlnm.com/ 

http://www.corr.com/ 

NEW BEDFORD, Mass. — The teen-ager accused of plotting a Columbine-style massacre at his school returned to his mother’s home Thursday, prompting a student protest and concern among his neighbors. 

About 75 students walked out of New Bedford High School in anger after a judge allowed 17-year-old Eric McKeehan to go home while awaiting trial. He must wear an electronic monitoring device. 

“It seems a little mind-boggling,” said John Socorro, 57, a neighbor. “I feel unsafe around a young crazy kid like that.” 

Headmaster Joseph Oliver said the students who left school would be disciplined, though he planned to meet with them to discuss their concerns. McKeehan has been ordered to have no contact with witnesses in the case, and to stay away from the high school. 

Police have charged four other teen-agers with plotting to shoot students and faculty at the school. 

McKeehan has pleaded innocent to conspiracy to commit murder, conspiracy to commit assault and battery with a dangerous weapon and possession of ammunition. His attorney says the teens never seriously considered putting the plot into action. 

There is a story that has been floating around the city’s Planning and Development Department for some time. 

One day, the department hired an eager young planner fresh out of college. He spent his first day at work getting acquainted with his colleagues and learning about the issues of the day. 

He was so excited about his new job that, on his own time, he decided to attend that night’s meeting of the Zoning Adjustments Board. 

He was never heard from again. 

If the young man ever really existed, his name and the date of his employment have been long forgotten. Carol Barrett, the director of planning and development, thinks the story is “probably apocryphal.” 

It persists nonetheless, and it may be enjoying something of a resurgence lately. In the last few months, four members of the planning staff have either moved on to jobs elsewhere or announced their intention to retire. At the same time, the department has been trying for months – unsuccessfully – to fill an open position for an entry-level planning position. 

“For the last eight years, this has been a fairly consistent theme in the Berkeley Planning Department,” said Mark Rhoades, director of current planning.  

Planners are charged with interpreting the city’s building and zoning codes as they apply to proposed projects. They also help the Planning Commission draft new policies – such as the General Plan – and enforce building regulations. 

Usually, they have advanced degrees in urban design or urban planning before they begin their career, and they must be conversant in a number of different fields – law, architecture, and design, among others. 

Barrett, a planner with a national reputation who came to Berkeley from Austin, Texas only four months ago, has inherited a department verging on chaos because of understaffing.  

On Wednesday, she said that a good deal of the problem was due to an adversarial relationship that local commissions – the ZAB, the Planning Commission, the Design Review Committee and the Landmarks Preservation Commission – and local citizens have with the department. 

On top of this, according to Rhoades, the city doesn’t pay its staff a competitive salary. 

“From what we’ve seen in other cities’ help-wanted ads, Berkeley seems to be on the low end of the planning pay scale,” he said. 

Currently, the cities of Dublin and Livermore are also looking for entry-level, “assistant” planners. They are offering $600 and $1,100 per month more than Berkeley, respectively. 

Barrett said that the disparity severely limits the city’s ability to recruit new planners. 

“If the salaries aren’t up there, people won’t even apply for the job,” she said. 

Rhoades said that in addition to being paid less, Berkeley planners are expected to do more. They must master a building and zoning code much more complex than those of other cities, and work in a much more politically charged atmosphere. 

Rhoades said he recently asked some of his senior staff members how long it takes an experienced planner to learn the details of Berkeley’s code. The consensus was that it would take a year. 

“It doesn’t take half that long in other cities,” he said. “The expectations for new planners are very high, compared to other jurisdictions.” 

But perhaps more importantly, Barrett said, staff members are forced to work in a “confrontational” political environment. Commissioners and citizens tend to very publicly accuse staff of bias or incompetence, she said – when, in fact, the department is one of the most competent she has worked with. 

“The salary issue is important, but if there are intrinsic rewards for doing a job, people will stay,” she said. “Unfortunately, we are more often viewed as obstacles to achieving what citizens think of as appropriate public policy.” 

She said that many members of local commissions seem to think that staff members have a hidden agenda, or a bias in favor of developers – a “completely unfair” opinion that they do not hesitate to make public at meetings. 

“Planners fully expect to work with boards and commissions, but they also expect respect,” she said. “We hire very talented, competent professionals who expect that the role they’ll be playing is one of collaboration with boards and commissions.” 

Instead, she said, frustration and disrespect drive planners out of the city.  

Given the low rate of pay and the difficulty of the work, the net effect is that Berkeley operates as a sort of “boot camp” for Bay Area planners, with people gaining a great deal of valuable experience here then moving on to more rewarding – or better compensated – jobs. 

“People from other cities have told me, ‘If you can work in Berkeley, you can work anywhere,’” Barrett said. 

Carrie Olson, who has served on all four planning-related city commissions in the past two years, yesterday allowed that “perhaps we all need to go to mediation.” 

She maintained, though, that the process was bound to be messier in Berkeley than in other cities, given the intensely democratic nature of the city’s development process. 

“Commissioners don’t get along with each other a lot of the time,” she said. “There’s a lot of snapping that goes on. It’s not for the faint of heart.” 

However, she said, she values very highly the knowledge that planners, as professionals, bring to the table. 

“I’ve always maintained a very friendly relationship with the Planning Department, because I need them,” she said. “We all, as citizens, need them.” 

“It shouldn’t be a contentious process, it should be a collaborative process.” 

Jeri Ram, director of the Northern California chapter of the American Planning Association, said on Wednesday that she was not surprised that Berkeley was having a hard time filling its staff. 

“It’s hard to find planners generally now,” she said. “It’s a seller’s market.” 

Ram said that Berkeley’s reputation in the planning community was not necessarily a good one, for many of the reasons cited by Barrett. 

“I’ve heard that a lot of people don’t want to work in Berkeley because it’s very difficult,” she said. “I’ve heard that citizens spit on you, and I’ve heard that it’s very difficult to get anything done.” 

“If you’re not paying people well, and if they’re not getting good feedback from people they’re working with, they look for a job somewhere else. There are just tons of jobs available in California right now.” 

Barrett said, though, that she was confident that a few simple, personal changes could make a big difference. 

“The city is under a number of financial challenges, so it’s more difficult to address the salary issue,” Barrett said. “But the issue of how we treat each other can be addressed overnight.” 

Rhoades said that the chronic shortages of staff made no sense in a city like Berkeley, which is famed for its history, culture and intellectual capital. 

“Berkeley deserves to have the best and brightest people working here,” he said.

Sitting atop a 14-point lead with less than seven minutes to play Wednesday night versus the University of San Francisco, it appeared as if the Cal women’s basketball team could relax and cruise to an easy victory. The problem is they tried to do just that, and the Dons had other plans. 

Sparked by second-half outbursts from senior guard Lindsay Huff and junior forward Lisa Whiteside, USF mounted a dramatic 19-2 rally to close the game and edge Cal by a final score of 55-52. 

“When you have a lead you need to put a team away,” Cal head coach Caren Horstmeyer said. “You can’t just count on winning the game. Our defense was very bad in the last five minutes.” 

After leading 24-19 at the half, Cal used a 10-point run to build a double-digit lead halfway through the second period. That lead was extended to 50-36 with 6:39 remaining before the 5-foot-9 Whiteside took matters into her own hands, scoring the next three baskets. She scored 8 of her 10 points in the second half. 

“We knew we had to pick it up,” Whiteside said. “It just clicked... we said that some way, somehow, we’re going to win this game.” 

Huff led the Dons with 11 points, scoring 8 in the second period. 

Cal wasted a big performance from center Ami Forney, who doubled all other scorers with 22 points on 9-of-11 shooting. 

“We got tentative,” Forney said. “Nobody wanted to shoot the ball.” 

Horstmeyer offered three keys to Cal’s second-half meltdown. 

“Turnovers, turnovers, turnovers,” she said. 

Forward Leigh Gregory and point guard Kristin Iwanaga each coughed the ball up 6 times en route to a season-high 30 team turnovers, five more than the 25 which contributed to their first loss of the season on Sunday against Georgia. 

“I definitely credit (USF’s) guard pressure,” Horstmeyer said. “I’m glad we saw this now, because we really struggled to run an offense.” 

Cal’s defense, leading the Pac-10 heading into the contest, surrendered 36 points in the second half after giving up only 19 points in the first. 

“USF flat-out outplayed us in the last five minutes,” Horstmeyer said. “They deserved the win.” 

Following last Sunday’s 72-to-68 victory over Washington, Wednesday’s comeback marked the first time USF has beaten two Pac-10 teams in the same season since 1993-94. 

“I’m not sure we win this game if we don’t beat Washington,” said USF head coach Mary Hile-Nepfel. 

Huff, who shot 4-for-8 from the floor with a pair of 3-pointers, echoed that sentiment, calling last Sunday’s victory “huge... big for our confidence.” 

After opening its season 0-3, USF has now won three straight games to even its record. 

“You’ll earn respect over time,” Hile-Nepfel said. “Right now I could care less what other people think... we are building confidence and coming together as a team.”

Thursday, Dec. 6

Lunch Poems Reading Series 

12:10 p.m. 

UC Berkeley 

Zellerbach Playhouse 

The series continues with Pulitzer Prize-winning poet Gary Snyder. 642-0137, www.berkeley.edu/calendar/events/poems/.  

Berkeley Special Education  

Parents Group (BSPED)  

Meeting 

7 - 9 p.m. 

Ala Costa Center 

1300 Rose Street 

Case managers from the Regional Center of the East Bay will discuss their services, and will formulate the spring agenda for special education advocacy. 558-8933, sandstep@earthlink.net. 

Public Works Commission 

7 p.m. 

North Berkeley Senior Center 

1901 Hearst Ave. 

Consideration of temporary traffic control devices and methods. 981-6400, publicworks@ci.berkeley.ca.us. 

Community Environmental  

Advisory Commission 

7 p.m. 

Planning and Development Dept. 

First Floor Conference Room 

2118 Milvia St.  

Green Business and Green Building positions. 705-8150, www.ci.berkeley.ca.us/. 

Housing Advisory  

Commission 

7:30 p.m. 

South Berkeley Senior Center 

2939 Ellis St. 

Public Hearing and discussion of the following proposals: 38 rental units for seniors at 2517 Sacramento St. (Outback Senior Homes); 27 rental units of senior housing at 2577 San Pablo Ave. (Jubilee Senior Homes). 981-5411. 

Bioterrorism, A Common  

SenseLook at Health Care  

Concerns 

6:30 - 8 p.m. 

Alta Bates Auditorium 

2450 Ashby Ave. 

A forum by clinical experts from Alta Bates and the Alameda County Health Dept. to answer the questions and concerns of local residents. Limited seating, reservations required. Free. 204-1463 x2. 

Avatar Metaphysical  

Toastmasters Club 

7 - 8 p.m. 

2515 Hillegass Ave. 

Practice public speaking about metaphysics, guests welcome. 848-6510, www.metaphysicallyspeaking.org. 

Montessori Campus Design  

Competition Exhibit  

7 - 9 p.m. 

Berkeley Montessori School 

1581 LeRoy Ave. 

BMS is designing a new elementary and middle school campus. View designs and give feedback for jury consideration in selecting the winner. 843-9374, sharline@well.com. 

Snowshoeing Basics 

7 p.m. 

Recreational Equipment, Inc. 

1338 San Pablo Ave. 

A slide presentation will be followed by a review of basic snowshoe fit and design, as well as pointers on technique and winter safety preparedness. 527-4140 

CLGS Lavender Lunch: The  

Practice of Buddhism in the  

San Francisco Gay  

Community 

12:30 - 1:30 p.m. 

Pacific School of Religion 

Mudd 100 

1798 Scenic Ave. 

Richard Corless discusses Buddhism. Informal brown bag lunch. 849-8206, www.psr.edu. 

Friday, Dec. 7

PEN Oakland & Literature  

Without Borders Present  

“War & Peace” 

5:30 - 8 p.m. 

Pro Arts 

461 9th St., Oakland 

Issues of War and Peace through poetry, and prose from Bay Area authors. 525-3948, kimmac@pacbell.net. 

Lunchtime Lecture 

12 p.m. 

City Commons Club 

2315 Durant Ave. 

UC Berkeley Professor Hatem Bazian discusses U.S. relations in the Middle East. $1 admission with coffee, $11 - $12.25 admission with lunch. 

Dunsmuir Historic Estate  

Holiday Season 

11 a.m. - 5 p.m. 

2960 Peralta Oaks Court, Oakland 

Volunteers have transformed the 50-acre estate and the 1899 mansion into a holiday event. 925-275-9595, www.dunsmuir.org. 

Burning out in the melting  

pot: Asian/American youth  

facing the golden dilemma 

12:15 - 1:30 p.m. 

PANA Institute Office 

Pacific School of Religion 

Holbrook 210 

1798 Scenic Ave. 

Prof. Martin Verhoeven, of the Institute for World Religions, will lead the discussion. Informal brown bag lunch. 849-8244, www.psr.edu. 

Civil Liberties Talk 

7 p.m. 

AK Press 

674-A 23rd St., Oakland 

A radical reading of civil liberties. Author Christian Parenti and filmmaker Jose Palafox speak about dissent, blowback, security, surveilance and policing. 208-1700, molly@akpress.org. 

Silent Auction to Break the 

Silence: Through the Eyes of  

the Judged 

6 - 10 p.m. 

Downtown Oakland YWCA 

1515 Webster St. 

A benefit for the Prison Activist Resource Center featuring speakers, music, food. $10-40, no one turned away for lack of funds. 893-4648 x108 

Saturday, Dec. 8

31st annual KPFA Community  

Crafts Fair 

10 a.m. - 6 p.m. 

The Concourse 

8th & Brannan Streets 

220 juried craftsmakers & artists show their best work in a mellow ambiance offering natural foods from many cultures, world music & dance performances & wise speakers. $7, Benefits KPFA Free Speech Radio. 848.6767 x609 www.kpfa.org 

Permaculture Class 

10 a.m. - 1 p.m. 

Ecology Center 

2530 San Pablo Ave. 

An extensive introductory course in the fundamentals for creating sustainable human environments. $15 non-members, $10 members. 548-2220 x233 

Editor: 

I’m writing to encourage you to endorse Ecocity Builders’ Ecocity Amendment to the General Plan.  

There are some basic facts I believe we can all agree on: the environment is in danger – in large part due to our reliance on cars. Open space in the region is being consumed largely for suburban development. Housing is scarce and the population is growing. Lower income people are unable to find housing in Berkeley and our town is becoming more economically and racially homogenous. More jobs have been created in Berkeley in the past 15 years than housing for the people in those jobs. 

The Ecocity Amendment addresses the above issues in a way recognized by most urban planners as beneficial to both the community’s economic vitality and the environment. The “radical” element of the amendment is its attempt to create, rather than merely preserve, open space while at the same time increasing housing. The only way this can be achieved is to increase density in key “hub areas” such as downtown, San Pablo Avenue and University Avenue and the Ashby Avenue BART area.  

Replacing existing single-family homes with open space and daylighting creeks is a relatively novel idea in Berkeley (although it has been successfully done elsewhere). The key point is that it will be entirely voluntary, and people will sell their homes at market value to a “land bank” to be funded by developers of higher density developments at the hubs. The neighbors of the homes to be replaced by open space and creeks should be delighted because their property values will increase as “natural parks” replace the single-family homes next door. 

Equally important, new housing will be created in commercial areas that will provide additional customers for local businesses. Yes, Berkeley’s population will increase somewhat, but if designed in the manner suggested by Ecocity Builders it will create a more vibrant city, not one overrun by cars. Berkeley cannot continue to claim to be “a green city” and fail to address the genuine social need for additional housing - that’s isolationism, not preservation.  

Many Ecocity Amendment opponents claim they want to keep Berkeley as it always has been. They fail to acknowledge that Berkeley has changed greatly and that they have remained silent as African Americans and other lower income people have been forced out of south and west Berkeley. Worse, many of the current detractors of the Ecocity Amendment have been extremely vocal in their opposition to new housing that would serve these displaced communities. 

The Ecocity Amendment to the General Plan provides an opportunity to present a clear vision for the future of Berkeley that addresses housing and environmental needs. For that reason, I strongly encourage you to become articulate advocates for the Ecocity Amendment.  

Peter Lydon 

Berkeley 

924 Gilman Dec. 7: Har Mar Superstar, The Pattern, The Blast Rocks, Your Enemies’ Friends, Hate Mail Express; Dec. 8: Scurvy Dogs, Nigel Peppercock, Shut The Fuck Up, Offering To The Sun, Voetsek; Dec. 9: Poison The Well, Unearth, Sworn Enemy, Spark Lights The Friction; Dec. 14: Hot Water Music, American Steel, F-Minus, Trial By Fire; Dec. 15: Strung Out, Limp, The Frisk, The Deadlines, The Creeps; Dec. 16: 5 p.m., Good Riddance, Missing 23rd, Downway, Audio Crush; Dec. 21: Kepi, Bonfire Madigan, Kevin Seconds; All shows start a 8 p.m. unless noted; Most are $5; 924 Gilman St. 525-9926 

The Albatross Pub Dec. 6: Keni “El Lebrijano”; Dec. 11: Mad & Eddic Duran Jazz Duo; Dec. 13: Keni “El Lebrijano”; Dec. 15: Larry Stefl Jazz Quartet; Dec. 18: Panacea; Dec. 19: Whiskey Brothers; Dec. 20: Keni “El Lebrijano”; Dec. 27: Keni “El Lebrijano”; All shows start at 9 p.m., 1822 San Pablo Ave. 843-2473  

ACME Observatory Contemporary Performance Series Dec. 9: 8 p.m., The Toids; $0 - $20, TUVA Space, 3192 Adeline. 649-8744, http://sfsound.org/acme.html. 

Anna’s Dec. 6: Graham Richards Jazz Quartet; Dec. 7: Anna and Ellen Hoffman on piano; 10 p.m., Bluesman Hideo Date; Dec. 8: Jazz Singer Robin Gregory, Bill Bell at the piano; 10 p.m., The Distones Jazz Sextet; Dec. 9: Choro Time; Dec. 10: Renegade Sidemen w/ Calvin Keyes; Dec. 11: Singers’ Open Mike #2; Dec. 12: Bob Schoen Jazz Quartet; Dec. 13: Rev. Rabia, The Blueswoman; Dec. 14: Anna and Mark Little on piano; 10 p.m., Bluesman Hideo Date; Dec. 15: Jazz Singers Vicki Burns and Felice York; 10 p.m., The Distones Jazz Sextet; Dec. 16: The Jazz Fourtet; Dec. 17: Renegade Sidemen w/ Calvin Keyes; Dec. 18: Tangria Jazz Trio; Dec. 19: Bob Schoen Jazz Quartet; Dec. 20: Jazz Singers’ Collective; Dec. 21: Anna and Percy Scott on piano; 10 p.m., Bluesman Hideo Date; Dec. 22: Jazz Singer Robin Gregory; 10 p.m., The Distones Jazz Sextet; Dec. 23: Jazz Singer Ed Reed; All music starts 8 p.m. unless noted. 1801 University Ave., 849-2662. 

Cal Performances Dec. 19: Berkeley Symphony, $21 - $45; Zellerbach Hall, UC Berkeley Campus, Bancroft Way at Telegraph, 642-0212 tickets@calperfs.berkeley.edu 

Eli’s Mile High Club Every Friday, 10 p.m. Funky Fridays Conscious Dance Party with KPFA DJs Splif Skankin and Funky Man. $10; Dec. 16: 3-8 p.m., Beverly Stovall Benefit, Jimmy McCracklin, JJ Malone, Jimi Mamou, Johnny Talbott. $10. 3629 Martin Luther King Jr. Way, Oakland. 655-6661 

Freight & Salvage Coffee House Dec. 6: Ray Bonneville; Dec. 7 & 8: Rebecca Riots; Dec. 9: Patrick Landeza; Dec. 10: John Wesley Harding, David Lewis & Sheila Nichols; Dec. 12: Stacey Earle & Mark Stuart; Dec. 13: Kevin Burke; Dec. 14: Dale Miller; Dec. 15: Robin Flower & Libby McLaren; All shows begin 8 p.m., 1111 Addison St. Call 548-1761 for prices or see www.freightandsalvage.org.  

Jazzschool/La Note Dec. 9: 4:30 p.m., Rhiannon with Bowl Full of Sound, $6 - $12, reservations recommended. 2377 Shattuck Ave. 845-5373 www.jazzschool.com 

Julia Morgan Theatre Dec. 23: 7:30 p.m., an evening of Irish music and dance with Todd Denman and friends. $10, $5 children; Dec. 31: 8 p.m., New Year’s Eve Gala Concert, Program of classical favorites of the San Francisco Chamber Orchestra; Jan. 12: 8:p.m., “Club Dance,” Teens come together to express their individual personalities and gifts as dancers. $10, Students and Seniors $6, Children ages 5 and under $6. Julia Morgan Theatre, 2640 College Ave., 845-8542, www.juliamorgan.org. 

Jupiter Dec. 6: Joshi Marshal Project; Dec. 7: AVI Bortnick Group; Dec. 8: Harvey Wainapel Quartet; Dec. 12: Mushroom; Dec. 13: Joshi Marshal Project; Dec. 14: Broun Fellini’s; Dec. 15: Norah Jones and Jim Campilongo; Dec. 19: Spectraphonic; Dec. 20: Joshi Marshal Project; Dec. 21: Crater; Dec. 22: Post Junk Trio; Dec. 27: Joshi Marshal Project; All shows are free and begin at 8 p.m. unless noted. 2181 Shattuck Ave., 843-7625, www.jupiterbeer.com. 

La Peña Dec. 7: 8:30 p.m., John Calloway & Diaspora, $12; Dec. 8: 9:30 p.m., Dr. Loco’s Rocking Jalapeño Band, $10; Dec. 9: 3:30 p.m, Café Domingo de Rumba, Free; Dec. 9: 7:30 p.m., Trio Altamira Reunion Concert, $12-$14; Dec. 14: 8 p.m., Holly Near, $15-$17; Dec. 16: 5 p.m, Flamenca Community Juerga, Free; Dec. 16: 7 p.m, Modupue & UpSurge, $8; Dec. 23: 3:30 p.m, Café Domingo de Rumba, Free; La Peña, 3105 Shattuck Ave. 849-2568, www.lapena.org 

“Music on Telegraph” Dec. 8: Jonah Minton Quartet, Julie’s Healthy Cafe, 2562 Bancroft; Dec. 9: Hebro, Blakes, 2367 Telegraph Ave.; Dec. 15: Thelonious On The Move, Bison Brewing, 2598 Telegraph Ave.; Dec. 16: Howard Kadis, Musical Offering Cafe, 2430 Bancroft; Dec. 22: Kaz Sasaki Duo, Blackberry Ginger, 2520 Durant; Dec. 23: Almadecor, Ann’s Kitchen, 2498 Telegraph Ave.; All shows 2 - 4 p.m., Free. 

Rose Street House Dec. 14 & 15: 7:30 p.m., Benefit Concert and Birthday Party, Shelly Doty and grassroots community of women singers and song writers; Dec. 25: 3 p.m., Annual “Dykelah Escape-from-you-know-what-day Musical Extravaganza!”; Jan.17: 7:30 p.m., Allette Brooks. 1839 Rose St. 594-4000 x687 

rosestreetmusic@yahoo.com. 

First Congregational Church of Berkeley Dec. 15: 2 p.m., “All-Brahms piano recital,” Yu-Ting Chen performs. Free; Jan. 6: 3 p.m., Stephen Genz in his West Coast debut; 2345 Channing Way, 527-8175, www.geocities.com/mostlybrahms.  

“The Christmas Revels” Dec. 7: 8 p.m., Dec. 8: 1 & 5 p.m., Dec. 9: 1 & 5 p.m., Dec. 14: 8 p.m., Dec. 15: 1 & 5 p.m., Dec. 16: 1 & 5 p.m., celtic music, dance and storry telling. $15-$30. Scottish Rite Theater, 1547 Lakeside Dr., Oakland 893-9853 www.calrevels.org.  

“Guitar, Woodwinds, Drums” Dec. 8: 8 p.m., The Bill Horvitz Band, Ben Goldberg’s What Music. Tuva Space, 3192 Adeline St. 

“WAVE,” Women’s Antique Vocal Ensemble Dec.14: 7:30 p.m., concert of Christmas music. $10, Students $5. Calvary Presbyterian Church, 1940 Virginia St., 848-9132. 

Send arts events two weeks in advance to Calendar@berkeleydailyplanet.net, 2076 University, Berkeley 94704 or fax to 841-5694.

About 75 people celebrated the launching of the Eco Pass Program in Civic Center Wednesday. City officials hope the free AC Transit bus passes will lure some of Berkeley’s 1,600 employees from their cars and ease downtown parking and traffic problems. 

In June, the City Council approved the Eco Pass, modeled after a similar program in Santa Clara County, where large employers, such as IBM, Walmart and Hewlett Packard provide transportation passes for their employees. Berkeley is the first city to provide passes for city workers. 

The program, approved on a one-year trial basis, will cost between $97,000 and $130,000.  

“This is another step in untangling the city’s transportation and traffic problems,” City Manager Weldon Rucker told the celebrants, who were snacking on coffee and cake. “If we get more people to ride the bus to the downtown, it will be a tremendous relief to parking and traffic.” 

Among the city employees attending the celebration, which was moved inside the lobby of the Martin Luther King Jr. Civic Center because of a heavy morning rain, were AC Transit and city officials including Mayor Shirley Dean and councilmembers Linda Maio, Miriam Hawley and Kriss Worthington. The four were able to combine two competing proposals last June, which allowed the speedy adoption of the Eco Pass Program .  

“By working together we were able to get this wonderful program approved,” Worthington said.  

Also in attendance were Planning Commission Chair Rob Wrenn, who first promoted the Eco Pass concept five years ago after reading a newspaper article about the Santa Clara County program.  

Mayor Shirley Dean reminded the attendees that the Eco Pass is largely modeled on the UC Berkeley transit program for students known as the Class Pass, which has been in operation for the last two years.  

“Our goal is to get an Eco Pass for everyone in Berkeley,” Dean said. “And if we get that done by next year we can come back and have an even bigger cake.” 

City officials said if the Eco Pass Program is successful, it will be used as a model for large local employers. 

“The next employer to ‘get on the bus’ should be the UC system,” said Wrenn, noting that UC Berkeley is the largest employer in the East Bay and if it provided passes for its employees the reduction in traffic and air pollution would be dramatic. “If the city of Berkeley can do it, UC certainly can.” 

AC Transit Board Member Greg Harper, who represents Ward 2 - portions of east and south Berkeley, Emeryville and parts of Oakland – noted that Berkeley, the first city government to adopt a public employee transportation program, is once again on the cutting edge. He said Berkeley broke new ground 20 years ago when it first proposed a smoking ban in restaurants and again when it banned Styrofoam cups because of the material’s negative impact on the environment.  

“People thought Berkeley was crazy but that thinking has entirely been reversed,” he said. “And here you are again reversing convention.” 

Rucker said the success of the program remains to be seen but he is hopeful the pass will increase employee ridership by 25 percent the first year.  

Maio asked the celebrants to raise their hands if they use public transportation – about five people did. She then asked how many among them will use the Eco Pass and about 40 people responded with raised hands. 

Housing Department employee Marianne Graham, with her newly issued Eco Pass dangling from a chain around her neck, said the pass will make it much easier to use AC Transit. 

“Just having the pass available at all times will make it easier to use,” she said. “There’s no waiting in line to buy a monthly pass or worrying about having the right change.” 

Graham added the savings on parking, which costs an average of $12 per day, will be a further incentive. 

City payroll employee Leo Reyes lives in Pinole and said he takes BART to work five days a week and uses AC Transit about three times a week to run errands.  

“I never bring my car to work because there is no parking and the gridlock on Interstate 80 is terrible,” he said. “Using public transportation helps me save money, time and the earth.” 

Hawley, who is a former AC Transit board member for Ward 1, said for the plan to be successful AC Transit will have to provide reliable service on the main transit corridors. “They will have to make sure there’s service where it’s needed,” she said.  

Hawley added that the city will have to do its part by making the streets bus-friendly. She said methods like signal prioritization, extra lanes for buses and eliminating double parking would help the bus service become frequent and reliable. 

Hawley said she is working to establish an official motto for the city’s Eco Pass Program based on a bumper sticker she once had on her car: “Ride the Damn Bus!”

Editor: 

President Bush doesn’t really want to bring Osama bin Laden to justice; he wants him to be lynched. That is what “Wanted - Dead or Alive” means. Why does Bush refuse to make public the evidence that bin Laden was responsible for the attacks of September 11? Maybe he doesn’t trust us? Or maybe there is no evidence? Meanwhile, in the poorest country on earth, bombs continue to fall and the inhabitants continue to die. And young people continue to volunteer, prepared to die for their faith or their country. How does the song go? “When will we ever learn?” Wouldn’t it be better if they and we would volunteer to build a saner world? This one isn’t very sane. 

Marion Syrek 

Oakland 

OAKLAND – Doctors, activists and politicians called for a wholesale reform of California’s child healthcare system at a state hearing Wednesday morning at Children’s Hospital, convened by Assemblymember Wilma Chan (D-Oakland) and Virginia Strom-Martin (D-Duncans Mills). 

Chan and Strom-Martin held the hearing as part of their work with the Select Committee on Children’s Readiness and Health. The legislative committee is examining the connection between children’s health and their ability to perform in school. 

The Oakland hearing was the last of four such meetings sponsored by the committee across the state. The other three hearings took place in Sacramento, Los Angeles and Salinas. 

The committee has already made a series of findings, according to a document distributed at the Oakland hearing. The committee has found, among other things, that a lack of access to proper health care is a leading cause of truancy and failure, that dental disease “has reached epidemic proportions among school children,” affecting their ability to concentrate and learn, and that many school districts are waiving school entry physicals for children.  

The committee hopes to present a comprehensive package of legislation – part of it in January 2002, and part in January 2003 – aimed at improving children’s health and ability to perform in school. 

In an interview after the hearing, Chan, who chairs the committee, said she will push for inexpensive reforms after the holidays, citing the political realities of the state’s current budgetary shortfall.  

“I think these things that are very costly will have a hard time passing,” she said. Chan added that she hopes to pass more expensive measures, like an expansion of children’s healthcare, in 2003, if the economy recovers. 

Speakers at Wednesday’s hearing suggested several relatively inexpensive measures endorsed by Chan and Strom-Martin. 

Dr. Lucy S. Crain, Clinical Professor of Pediatrics at the University of California San Francisco noted that many managed care companies, unlike their fee-for-service predecessors, do not pay for a pre-natal visit to a pediatrician. These visits used to cover valuable ground, she said, everything from simple safety measures like car seats, to larger issues like adults’ readiness for parenthood. 

“There may be opportunities for counseling for parents that, in the long range, prevent child abuse and child neglect,” Crain said. 

“I think it would be good to restore that,” Chan said. “HMOs may not be happy,” she said, acknowledging the cost for managed care companies, “but it wouldn’t cost the state anything.” 

Chan said that she would also like to expand the required physical for young children entering California school systems to include a dental screening and a test for far-sightedness. Currently, the state requires no dental screening, and when it comes to vision, only requires a test for near-sightedness. 

Strom-Martin, who also acknowledged the difficulties of passing big-ticket items in the current climate, endorsed pre-natal visits to pediatricians, and a call for greater coordination among healthcare providers. 

Several of the speakers at the Wednesday hearing discussed the need for better cooperation among health care professionals. Dr. Rene Wachtel, a pediatrician at Children’s Hospital, said many health care organizations do not accept evaluations of children performed by other agencies, wasting time and resources. 

Wachtel called for a state task force that would identify the best ways to assess children and encourage cross-agency acceptance of evaluations. She also said there must be better mechanisms in place for cooperation between health care professionals and school staff. 

In addition to the long-term effort to improve children’s health care, Chan and Strom-Martin said they will fight to maintain health care and education funds that Gov. Gray Davis has suggested slashing to balance the budget. 

Strom-Martin focused, in particular, on a $38 million grant program, approved by the legislature last year, that would allow school systems statewide to increase community outreach on health care issues and provide health care at local schools.

Editor: 

The impeachment of Bill Clinton showed clearly that to impeach a president all that counts is having the majority of votes in the House, however irrelevant the charges brought. 

Unfortunately, at present the House majority is of the President’s own Republican party. 

Yet the looming peril to our civil liberties (an impeccable reason for impeachment) cries out for immediate action.  

We must have a representative in Congress with the courage to introduce a bill of impeachment charging George W. Bush with flagrant breach of his oath to “preserve, protect and defend the Constitution of the United States,” citing his executive order establishing drumhead military “justice” for his own selection of non-citizens - in contravention of Amendments Five and Six to the U.S. Constitution. 

Amendment Five includes a provision stating that “No person (meaning no one within U.S. borders) shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces.” Amendment Six states that “In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury”. It further states that the accused has the right “to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have assistance of counsel for his defense”. 

Even if introduced by Rep. Barbara Lee, who alone had the ethical courage to refuse to vote carte blanche to Bush for his try to make two wrongs make a right, a bill to impeach our rogue “president” will probably fail. But, I hope she or some other House member will give it a try. For, by initiating a discussion on the floor of the house, a saving awakening may happen there. With the damning facts repeated before them, many more members of the President’s party might well join the company of Republican Senator Arlen Spector, who, writing in the New York Times, decried Bush’s flouting of the Constitution and traditional legalities - in a dictatorial usurpation of power encouraged by the blind approbation of a frightened vengeful public that childishly iterates “but we have to do something!” yet does not recall that the something done hastily in anger often causes greater pain and danger than what provoked it. 

Judith Segard Hunt 

Berkeley 

Two Berkeley Police Department officers were injured early Wednesday morning when a suspect tried to evade a routine traffic stop, according to Lt. Cynthia Harris. 

At around 3:45 a.m., three officers were handling a traffic stop at Ninth Street and Bancroft Way when a van cruised by, slowly, Harris said. The driver of the van, whom one of the officers said he recognized from a previous case, stared at them. The officers ordered the driver to stop and approached the van. 

When one officer approached the driver, he allegedly attempted to roll up his window and made a sudden grab toward the passenger’s seat. The officer leaned into the window and grabbed the suspect. Another officer attempted to assist him. 

The driver then hit the accelerator, throwing one of the officers to the ground, Harris said. The other officer held on to the suspect for approximately 25 feet before being thrown. A high-speed chase, reaching speeds of 85 mph, ensued. The van was eventually stopped on E. 25th Street in Oakland, whereupon the driver and two previously unseen suspects in the back of the van fled on foot. 

One suspect, Deshawn Murphy of Richmond, was apprehended. The other two suspects, including the driver – who police believe is Montay Boseman of Berkeley – escaped. 

The officers were transported to Highland Hospital and treated for abrasions. Both were released by early Wednesday afternoon. 

Boseman is described as an African-American male, 21 years old, five feet seven inches tall, weighing 140 pounds. At the time, he was wearing a dark jacket with gold sleeves. 

Anyone with information on the suspect’s whereabouts is asked to call the Berkeley Police Department at 981-5733. 

A woman was robbed at gunpoint by four young men Tuesday night, according to Lt. Harris. 

The victim was walking near Shattuck Avenue and Haste Street at around 10 p.m. when she saw the men approaching. One suddenly pulled out a handgun and pointed it at her, while two others took her purse, Harris said. All four then fled on foot. The suspect with the gun is described as an African American man, 18-20 years old, around six feet two inches tall and about 200 pounds. He was wearing a black, puffy jacket and black pants. 

On Saturday, a man was hospitalized after trying to flee from the police, according to Lt. Harris. At around 12:15 p.m., officers were dispatched to 63rd and California streets after a report of drug activity in the neighborhood. Upon arriving, police spotted a man who matched the description of the suspect. After detaining him, they discovered the suspect had a number of traffic warrants outstanding. They placed him in handcuffs, at which point the suspect broke free, and, still handcuffed, attempted to flee. 

The officers gave chase, but given the wet weather, the suspect slipped and fell on the sidewalk. He suffered damage to his teeth, and was transported to Highland Hospital. 

Editor: 

Racial profiling needs to be stopped. Yesterday I heard two impassioned men discuss the pros and cons of racial profiling. The pro argument seemed to boil down to, if you know a certain ethnic group has committed a crime, it’s only right to stop other people from the same ethnic group and see if they know something about the crime or if they’ve committed a similar crime themselves. 

To me racial profiling is counter-productive. When law enforcement focuses their attention on one particular group, other groups can have a field day. Remember how we were sure the Oklahoma City bombers were not “Americans” and valuable time was wasted in that investigation? 

President Bush recently issued an executive order setting aside certain of our constitutional rights. Combine this with racial profiling and we may quickly surpass the wrongs we committed towards the Japanese during World War II. 

Anne Smith 

Berkeley

NEW YORK — Nearly 50 years after convicted Soviet spy Ethel Rosenberg was executed, her brother admits he lied under oath to save himself and says he’s unconcerned that his perjury may have sent her to the electric chair, along with her husband. 

“As a spy who turned his family in ... I don’t care,” David Greenglass says in a television interview being broadcast Wednesday. “I sleep very well.” 

The admission may shed new light on the case, one of the most infamous events of the Cold War. Julius and Ethel Rosenberg were executed in Sing Sing prison in June 1953, two years after a sensational trial on charges of conspiring to steal U.S. atomic secrets for the Soviet Union. 

They were the only people ever executed in the United States for Cold War espionage, and their conviction helped give fuel to Sen. Joseph McCarthy’s communist-hunting crusade. 

Greenglass, now 79, makes the disclosure of false testimony in “The Brother,” a new book by veteran New York Times editor Sam Roberts, and in a taped interview being broadcast on CBS’s ”60 Minutes II.” 

Greenglass, Ethel’s younger brother, admits in the book that he, too, was a spy who gave the Soviets information about atomic research and a detonator invented by another scientist. 

When the Rosenbergs came to trial, Greenglass was also under indictment and worried that he and his wife, Ruth, would be convicted. He says Roy Cohn, an assistant prosecutor and later an aide to McCarthy, encouraged him to lie. 

In court, Greenglass delivered what would be the most incriminating testimony against Ethel Rosenberg — that she transcribed his spy notes destined for Moscow on a portable Remington typewriter. Greenglass’ wife supported his testimony. 

But now, Greenglass tells author Roberts that he based his account entirely on his wife’s recollection, not on his own. In the TV interview, he says, “I don’t know who typed it, frankly, and to this day I can’t remember that the typing took place. I had no memory of that at all — none whatsoever.” 

Roberts writes in his book, “Handwritten or typed, the notes contained little or nothing that was new. But from the prosecution’s perspective, the Remington was as good as a smoking gun in Ethel Rosenberg’s hands.” 

In the TV interview, Greenglass is asked why the Rosenbergs went to their deaths rather than admit espionage. 

“One word — stupidity,” Greenglass replies. Asked whether that makes Ethel responsible for her own death, he says, “Yeah.” 

Greenglass admits he is sometimes haunted by the Rosenberg case, but adds, “My wife says, ’Look, we’re still alive.”’ 

Should he ever encounter the pair’s two sons, Greenglass says, he would tell them he was “sorry that your parents are dead,” but would not apologize for his part in their execution. 

“I had no idea they would give them the death sentence,” he tells ”60 Minutes II.” 

In the book, subtitled “The Untold Story of Atomic Spy David Greenglass and How He Sent His Sister Ethel Rosenberg to the Electric Chair,” Greenglass admits to further perjury in court and before a congressional committee — all aimed at gaining leniency for himself and keeping his wife out of prison. 

Sentenced to 15 years, Greenglass was released in 1960. He and his wife live in the New York area under assumed names. 

The Rosenberg case became a political cause celebre with anti-Semitic overtones. While some historians say evidence against Ethel Rosenberg was weak compared to that against her husband, the couple’s refusal to admit spying for Moscow added to public fears of a nuclear showdown with the Soviets. 

“This was a time when people were terrified,” Roberts said in an interview with The Associated Press. “There was no way the Russians could have obtained the atomic bomb without stealing it from us.” 

Roberts said the late William Rogers, a deputy U.S. attorney general in 1951 and later President Nixon’s secretary of state, told him the government had expected Ethel Rosenberg to save herself by providing incriminating evidence against Julius. 

In the end, “she called our bluff,” Rogers said. 

Some tidbits of Cold War espionage lore related by Roberts are almost comic. According to Roberts, Greenglass admitted sleeping through the first A-bomb test, using atomic implosion technology to make artificial diamonds, and being picked up while hitchhiking by Lt. Gen. Leslie Groves, head of the top-secret Manhattan Project, which developed the atomic bomb.

A rumor that the National Endowment for the Arts has delayed a Berkeley Repertory Theatre grant request, possibly for political reasons, has sent a chill through the Bay Area arts community. 

The BRT made the grant application for $100,000 to produce “Homebody/Kabul,” by Pulitzer Prize winning playwright Tony Kushner. The play is about a British woman who becomes fascinated by Afghanistan and her discovery of the country’s troubled history through an encounter with an Afghan man.  

Both the play and the grant request were written before the September 11 terrorist attacks. 

According to a New York Times story printed on Saturday, an undisclosed source within the NEA said the Berkeley Rep’s application, along with one other application, was delayed for further examination just weeks before the NEA was to announce grant recipients. 

“It will be very disappointing if we find the grant has been denied for political instead of artistic reasons,” said Berkeley Repertory Theatre Managing Director Susan Medak. “This is an important play by probably the most important living playwright.” 

NEA Director of Communications Mark Weinberg said he could not comment on the status of the application and that NEA policy prohibits discussing applications until the grants have been announced. During the late 1980s, the NEA was at the center of a much publicized battle over the financing of controversial photographer Robert Maplethorpe’s artwork. 

“There has not been a delay in anything,” Weinberg said. “As a matter of long-standing policy, the NEA does not comment on applications except in the third week of December when the grant recipients are announced.” 

But Mayor Shirley Dean said there are unconfirmed rumors that a representative from the Bush Administration asked acting NEA Chairman Robert S. Martin to pull the BRT’s grant request, along with a $42,000 grant application from the Maine College of Art for an exhibition of visual artist William Pope, whose artwork often reflects controversial stands on race. 

Medak would neither confirm nor deny the rumors but said a combination of three factors were probably responsible for the grant being pulled. “One, the play was written by Tony Kushner; two, it takes place in Afghanistan and three, the play is being staged in Berkeley,” she said. “It’s a lethal combination.” 

Kushner, who is also a gay activist, won the Pulitzer Prize for his 1992, two-part epic, “Angels in America.” The play, about the devastating impact of AIDS on New York, was critical of the Reagan Administration. 

Medak said that it will be difficult if the NEA application is denied but she would do her best to find a way to stage the play, which is scheduled to run from April 19 to June 9. 

Several city officials and the director of another local theater reacted strongly to the rumor that the play’s funding might be denied for political reasons. 

“I have offered to do anything I possibly can including calling the Community Affairs Office at the White House to lobby on behalf of the Rep,” Mayor Dean said. “This is a very serious issue, we’re talking about a matter of free speech.” 

Councilmember Kriss Worthington agreed. “We are not positive yet that censorship is the reason for delaying the application but it looks that way,” he said. “How many questions of artistic merit could they have about a Pulitzer Prize winning playwright?” 

Patrick Dooley, the founder and artistic director of the Shotgun Players, said if the funding is denied, the United States is taking a step toward becoming more like the Taliban, which dynamited two 1,700-year-old sandstone Buddha statues last March. The statues – one was 165-feet tall – were carved into a sandstone cliff in the Hindu Kush mountains in central Afghanistan. 

“If our government tries to silence an artistic voice of opposition, it’s a sign that our democracy is eroding and we’re becoming more like the governments this country likes to criticize,” he said.

The St. Mary’s Panthers were facing a five-point deficit at halftime of Tuesday’s game against Berkeley High, but there was no panic in the locker room, no doubting of whether they could come back to win the game. 

“My kids have been in that position a lot, and they never think they’re going to lose,” St. Mary’s head coach Jose Caraballo said. “We just played our game in the second half.” 

The Panthers came out and used their defensive pressure to key a 17-9 third quarter advantage, then extended the lead to nine points in the fourth quarter on the way to a 58-49 win over their cross-town rivals.  

St. Mary’s returns eight players from last season’s Division IV state champion team, while Berkeley has just three returning players, none of whom started last season. 

St. Mary’s guard John Sharper led all scorers with 17 points, including 10 in the second half, while getting used to running the team as a point guard. Starter DeShawn Freeman is out until January with an injury, so Sharper will slide over from his shooting guard spot until Freeman’s return. 

Sharper’s shooting was a bit off on Tuesday, as he was just 6-for-19 from the field, but the senior had 7 assists and 3 steals in the game. He also scored 8 points during the Panthers’ dominating third quarter. 

“I was rushing it a little in the first half,” Sharper said. “I just had to let the game come to me.” 

St. Mary’s also got a strong effort on the boards from 6-foot-10 center Simon Knight and forward Chase Moore. Knight pulled down 10 rebounds, while Moore had 7. Moore also scored 11 points and played some point guard to take the pressure off of Sharper. 

Berkeley countered St. Mary’s experience with athleticism and energy. The young ’Jackets are still learning head coach Mike Gragnani’s offensive and defensive systems, and several of them looked unsure of themselves in the second half. 

“They made us play the way they wanted us to play, instead of how we want to play,” Gragnani said of the second half. “We stopped attacking the basket and getting the ball inside.” 

On the inside is where Berkeley scored most of its points against St. Mary’s, as forward Damien Burns led the team with 14 points, hitting 6-of-7 from the field while pulling down 5 rebounds. Burns was the only ’Jacket to score in double figures, and Berkeley made just one 3-pointer in the game. Berkeley also failed to take advantage of a big advantage in trips to the free-throw line, making just 9-of-21 from the charity stripe. 

“We have 80 percent guys who have never played in a big game before,” Gragnani said. “It was a great experience for us playing in front of a big crowd, playing against a hometown rival. Hopefully we’ll take some good things away from it.” 

Gragnani plans to play a big rotation this season, with as many as 12 players seeing significant time on the floor, including four sophomores. With all five starters from last year gone, Gragnani knows the team is searching for a leader. 

“We have a lot of guys who can be successful, but it’s going to be a committee,” he said. “Last year we could depend on (departed point guard) Ryan Davis, but now we have to depend on the entire team.” 

Caraballo has the advantage of going to battle with familiar faces, but with Freeman watching in street clothes, St. Mary’s got some key contributions from players who didn’t have a big role last year. Guard Terrence Boyd scored 7 points and played excellent defense, while sophomore Fred Hives took advantage of some playing time with five points and a key steal. 

NOTES: Berkeley prevailed in the junior varsity game, 67-57... Sharper said he is getting interest from Portland State and Yale among others. He said his backup plan is to be a walk-on at Cal.

Wednesday, Dec. 5

Commission on Disability 

6:30 p.m. 

North Berkeley Senior Center 

1901 Hearst Ave. 

Among other items is the commission proposal for COD co-sponsorship of a conference on transportation of seniors and persons with disabilities. 

dlbrown@ci.berkeley.ca.us, 981-6346. 

Timber Framing, Ancient and  

Modern 

7 - 10 p.m. 

Building Education Center 

812 Page St. 

Seminar by Timber Framers Guild member Dour Eaton. $35. 525-7610 

North Berkeley Senior Center  

Advisory Council 

10 a.m. 

North Berkeley Senior Center 

1901 Hearst Ave. 

Community members are welcome. 644-6343 

Free Feldenkrais Class for  

Seniors 

11:45 a.m. 

Jewish Community Center 

1414 Walnut 

Gentle movement class for older adults.  

Lecture Series on Women  

Medieval Mystics 

7:30 - 9 p.m. 

All Souls Parish 

2220 Cedar St. 

Three Women Mystics: An Advent Lecture Series. Exploration of their spiritual quests designed to offer a new sense of spiritual possibilities in modern times. Free. Supervised childcare will be provided. 848-1755. 

Thursday, Dec. 6

Lunch Poems Reading Series 

12:10 p.m. 

UC Berkeley 

Zellerbach Playhouse 

The series continues with Pulitzer Prize-winning poet Gary Snyder. 642-0137, www.berkeley.edu/calendar/events/poems/.  

Berkeley Special Education  

Parents Group (BSPED)  

Meeting 

7 - 9 p.m. 

Ala Costa Center 

1300 Rose Street 

Case managers from the Regional Center of the East Bay will discuss their services, and will formulate the spring agenda for special education advocacy. 558-8933, sandstep@earthlink.net. 

Community Environmental  

Advisory Commission 

7 p.m. 

Planning and Development Dept. 

First Floor Conference Room 

2118 Milvia St.  

Green Business and Green Building positions. 705-8150, www.ci.berkeley.ca.us/. 

Bioterrorism, A Common  

SenseLook at Health Care  

Concerns 

6:30 - 8 p.m. 

Alta Bates Auditorium 

2450 Ashby Ave. 

A forum by clinical experts from Alta Bates and the Alameda County Health Dept. to answer the questions and concerns of local residents. Limited seating, reservations required. Free. 204-1463 x2. 

Avatar Metaphysical  

Toastmasters Club 

7 - 8 p.m. 

2515 Hillegass Ave. 

Practice public speaking about metaphysics, guests welcome. 848-6510, www.metaphysicallyspeaking.org. 

Montessori Campus Design  

Competition Exhibit  

7 - 9 p.m. 

Berkeley Montessori School 

1581 LeRoy Ave. 

BMS is designing a new elementary and middle school campus. View designs and give feedback for jury consideration in selecting the winner. 843-9374, sharline@well.com. 

Snowshoeing Basics 

7 p.m. 

Recreational Equipment, Inc. 

1338 San Pablo Ave. 

A slide presentation will be followed by a review of basic snowshoe fit and design, as well as pointers on technique and winter safety preparedness. 527-4140 

Friday, Dec. 7

PEN Oakland & Literature  

Without Borders Present  

“War & Peace” 

5:30 - 8 p.m. 

Pro Arts 

461 9th St., Oakland 

Issues of War and Peace through poetry, and prose from Bay Area authors. 525-3948, kimmac@pacbell.net. 

Lunchtime Lecture 

12 p.m. 

City Commons Club 

2315 Durant Ave. 

UC Berkeley Professor Hatem Bazian discusses U.S. relations in the Middle East. $1 admission with coffee, $11 - $12.25 admission with lunch. 

Dunsmuir Historic Estate  

Holiday Season 

11 a.m. - 5 p.m. 

2960 Peralta Oaks Court, Oakland 

Volunteers have transformed the 50-acre estate and the 1899 mansion into a holiday event. 925-275-9595, www.dunsmuir.org. 

Civil Liberties Talk 

7 p.m. 

AK Press 

674-A 23rd St., Oakland 

A radical reading of civil liberties. Author Christian Parenti and filmmaker Jose Palafox speak about dissent, blowback, security, surveilance and policing. 208-1700, molly@akpress.org. 

Silent Auction to Break the 

Silence: Through the Eyes of  

the Judged 

6 - 10 p.m. 

Downtown Oakland YWCA 

1515 Webster St. 

A benefit for the Prison Activist Resource Center featuring speakers, music, food. $10-40, no one turned away for lack of funds. 893-4648 x108 

Saturday, Dec. 8

31st annual KPFA Community  

Crafts Fair 

10 a.m. - 6 p.m. 

The Concourse 

8th & Brannan Streets 

220 juried craftsmakers & artists show their best work in a mellow ambiance offering natural foods from many cultures, world music & dance performances & wise speakers. $7, Benefits KPFA Free Speech Radio. 848.6767 x609 www.kpfa.org 

Permaculture Class 

10 a.m. - 1 p.m. 

Ecology Center 

2530 San Pablo Ave. 

An extensive introductory course in the fundamentals for creating sustainable human environments. $15 non-members, $10 members. 548-2220 x233 

Women of Color Resource  

Center Presents A New Film  

from South Africa 

2:30 p.m. reception 

3:30 p.m. showing 

Health Education Center 

400 Hawthorne St., Oakland 

“Shouting Silent” by Xoliswa Sithole explores the South African HIV/AIDS epidemic as seen through the eyes of the filmmaker, an adult who lost her mother to HIV/AIDS in 1996. The film will be followed by a panel discussion. $5 -$10, 848-9272, www.coloredgirls.org. 

Berkeley Farmers’ Market  

Holiday Crafts Fair 

10 a.m. - 4 p.m. 

Martin Luther King, JR. Civic Center Park 

Fair will include organic produce, handcrafted gifts, live choral music, massages, and hot apple cider. 548-3333, www.ecologycenter.org 

Santa's Solstice Bazaar 

11 a.m. - 5 p.m. 

Metaversal Lightcraft 

1708 University Ave. 

Come shop while kids visit with Santa for free. Fine arts, crafts, 

clothing and gift booths in a magical and colorful scene. 644-2032, www.lightcraft.org. 

Fourth Annual Wine Tasting 

Noon-3 p.m. 

Rosenblum Cellars 

2900 Main St., Alameda 

Tasting, buffet, live music, , wine auction, winery tour. Proceeds benefit Berkeley Youth Alternatives programs. $25-$30. 845-9010. kevin@byaonline.org 

Smart Growth in Action: 

Supporting Good  

Development in Your  

Backyard 

10 a.m. - 3 p.m. 

Niles Hall, Preservation Park 

Oakland 

This one-day workshop will provide you with the tools to evaluate 

development projects for sustainable features and explain how to get involved in local land use issues. 251-6330,  

www.urbanecology.org/cities/cities.workshop.html. 

Berkeley Artisans Holiday  

Open Studios 

A Self-Guided Tour 

11 a.m. - 5 p.m. 

Various locations 

100 artists & craftspeople open their studios to the public. For a map and locations, www.berkeleyartisans.com, or 845-2612. 

So Lovely! So Lively! Solano! 

12 - 6 p.m. 

Solano Ave. 

Berkeley and Albany 

More than 50 street performers -- jazz bands, carolers, talking trees, & toy soldiers during the holiday season along Solano Ave. www.solanoave.org 

Editor: 

This is in response to your Associated Press story last week on the group of people calling themselves “Act Up/San Francisco “ and their threats on San Francisco Chronicle employees. Many Daily Planet readers have called us asking what is really going on. 

Your readers should know that “Act up/San Francisco” has been disavowed and disowned by the Act Up Network comprised of chapters in Philadelphia, NY, DC, Paris, East Bay, Cleveland, Boston, LA and Survive AIDS (formerly Act UP/Golden Gate). We work closely with Doctors Without Borders, the hunger group Oxfam, Consumer Project on Technology (a Nader offshoot), South Africa’s Treatment Action Campaign, International Gay and Lesbian Human Rights Group, and HealthGAP (Global Action Campaign), among others. 

We all believe that HIV is, at the very least, a major co-factor causing AIDS, and that AIDS is a global catastrophe. We also believe that all HIV infected individuals should have access to treatments currently available only in industrialized countries. 

“Act Up/SF” has usurped our name, damaged our credibility and hurt many HIV infected people with their messianic misinformation campaign, “HIV does not cause AIDS, AIDS is over.” Their sheer hypocrisy is demonstrated by their $1.6 million annual business of selling medical marijuana to people with a “harmless” virus. If they argue that this is alternative treatment, why did they campaign to stop Federal funding to other treatments such as acupuncture, vitamins, and Chinese herbs? 

Their radical pretense is undermined by the fact that conservative Republican venture capitalist, Robert Leppo, underwrote the purchase of its building. While many nonprofits are feeling the dot.com pinch, “Act Up/SF” thrives with its lucrative pot business and Republican backers. Even more than the flawed AIDS agencies they criticize, “Act Up/SFers” are lining their pockets on people’s suffering. Their behavior towards the media, health departments and other AIDS activists is reprehensible. 

It’s an easy route. If AIDS is over one need not campaign for needle exchange funding, condoms in schools, or better medical care. One need not challenge pharmaceutical companies’ profits and patents to make treatments available to all who want them. “Act Up/SF” would deny people in Africa the option of taking what they say are “toxic” treatments. 

Through the media and people they’ve come in contact with personally, “Act UP/SF” has been successful in portraying political activism as loony cartoon caricature. A CIA disinformation campaign couldn’t do a better job of alienating or disheartening people. 

Global catastrophes, such as the holocaust and AIDS, elicit different reactions from different people. Denial, guilt, misplaced anger, and sociopathic behavior are four reactions we see demonstrated by “Act UP/SF.” Check out www.healthgap.org, www.globaltreatmentaccess.org or Doctors Without Borders (www.msf.org) for truly credible responses to the global AIDS epidemic. 

ACT UP/ EAST BAY 

MUSIC 

924 Gilman St. Dec. 7: Har Mar Superstar, The Pattern, The Blast Rocks, Your Enemies’ Friends, Hate Mail Express; Dec. 8: Scurvy Dogs, Nigel Peppercock, Shut The Fuck Up, Offering To The Sun, Voetsek; Dec. 9: Poison The Well, Unearth, Sworn Enemy, Spark Lights The Friction; Dec. 14: Hot Water Music, American Steel, F-Minus, Trial By Fire; Dec. 15: Strung Out, Limp, The Frisk, The Deadlines, The Creeps; Dec. 16: 5 p.m., Good Riddance, Missing 23rd, Downway, Audio Crush; All shows start a 8 p.m. unless noted; Most are $5; 924 Gilman St. 525-9926 

The Albatross Pub Dec. 5: Whiskey Brothers; Dec. 6: Keni “El Lebrijano”; Dec. 11: Mad & Eddic Duran Jazz Duo; Dec. 13: Keni “El Lebrijano”; Dec. 15: Larry Stefl Jazz Quartet; Dec. 18: Panacea; Dec. 19: Whiskey Brothers; Dec. 20: Keni “El Lebrijano”; Dec. 27: Keni “El Lebrijano”; All shows start at 9 p.m., 1822 San Pablo Ave. 843-2473  

ACME Observatory Contemporary Performance Series Dec. 9: 8 p.m., The Toids; $0 - $20, TUVA Space, 3192 Adeline. 649-8744, http://sfsound.org/acme.html. 

Anna’s Dec. 5: Bob Schoen Jazz Quartet; Dec. 6: Graham Richards Jazz Quartet; Dec. 7: Anna and Ellen Hoffman on piano; 10 p.m., Bluesman Hideo Date; Dec. 8: Jazz Singer Robin Gregory, Bill Bell at the piano; 10 p.m., The Distones Jazz Sextet; Dec. 9: Choro Time; Dec. 10: Renegade Sidemen w/ Calvin Keyes; Dec. 11: Singers’ Open Mike #2; Dec. 12: Bob Schoen Jazz Quartet; Dec. 13: Rev. Rabia, The Blueswoman; Dec. 14: Anna and Mark Little on piano; 10 p.m., Bluesman Hideo Date; Dec. 15: Jazz Singers Vicki Burns and Felice York; 10 p.m., The Distones Jazz Sextet; Dec. 16: The Jazz Fourtet; Dec. 17: Renegade Sidemen w/ Calvin Keyes; Dec. 18: Tangria Jazz Trio; Dec. 19: Bob Schoen Jazz Quartet; All music starts 8 p.m. unless noted. 1801 University Ave., 849-2662. 

Cal Performances Dec. 19: Berkeley Symphony, $21 - $45; Zellerbach Hall, UC Berkeley Campus, Bancroft Way at Telegraph, 642-0212 tickets@calperfs.berkeley.edu 

Eli’s Mile High Club Every Friday, 10 p.m. Funky Fridays Conscious Dance Party with KPFA DJs Splif Skankin and Funky Man. $10; 8 p.m. unless noted. 3629 Martin Luther King Jr. Way, Oakland. 655-6661 

Freight & Salvage Coffee House Dec. 5: Avalon Blues: Peter Case, Dave Alvin and Bill Morrissey; Dec. 6: Ray Bonneville; Dec. 7 & 8: Rebecca Riots; All shows begin 8 p.m., 1111 Addison St. Call 548-1761 for prices or see www.freightandsalvage.org.  

Jazzschool/La Note Dec. 9: 4:30 p.m., Rhiannon with Bowl Full of Sound, $6 - $12, reservations recommended. 2377 Shattuck Ave. 845-5373 www.jazzschool.com 

Jupiter Dec. 5: J Dogs; Dec. 6: Joshi Marshal Project; Dec. 7: AVI Bortnick Group; Dec. 8: Harvey Wainapel Quartet; Dec. 12: Mushroom; Dec. 13: Joshi Marshal Project; Dec. 14: Broun Fellini’s; Dec. 15: Norah Jones and Jim Campilongo; Dec. 19: Spectraphonic; All shows are free and begin at 8 p.m. unless noted. 2181 Shattuck Ave., 843-7625, www.jupiterbeer.com. 

La Peña Dec. 7: 8:30 p.m., John Calloway & Diaspora, $12; Dec. 8: 9:30 p.m., Dr. Loco’s Rocking Jalapeño Band, $10; Dec. 9: 3:30 p.m, Café Domingo de Rumba, Free; Dec. 9: 7:30 p.m., Trio Altamira Reunion Concert, $12-$14; Dec. 14: 8 p.m., Holly Near, $15-$17; Dec. 16: 5 p.m, Flamenca Community Juerga, Free; Dec. 16: 7 p.m, Modupue & UpSurge, $8; Dec. 23: 3:30 p.m, Café Domingo de Rumba, Free; La Peña, 3105 Shattuck Ave. 849-2568, www.lapena.org 

“Music on Telegraph” Dec. 8: Jonah Minton Quartet, Julie’s Healthy Cafe, 2562 Bancroft; Dec. 9: Hebro, Blakes, 2367 Telegraph Ave.; Dec. 15: Thelonious On The Move, Bison Brewing, 2598 Telegraph Ave.; Dec. 16: Howard Kadis, Musical Offering Cafe, 2430 Bancroft; All shows 2 - 4 p.m., Free. 

Rose Street House Dec. 14 & 15: 7:30 p.m., Benefit Concert and Birthday Party, Shelly Doty and grassroots community of women singers and song writers; Dec. 25: 3 p.m., Annual “Dykelah Escape-from-you-know-what-day Musical Extravaganza!”; 1839 Rose St. 594-4000 x687, rosestreetmusic@yahoo.com. 

“Guitar, Woodwinds, Drums” Dec. 8: 8 p.m., The Bill Horvitz Band, Ben Goldberg’s What Music. Tuva Space, 3192 Adeline St. 

THEATER 

“Seventy Scenes of Halloween” Dec. 7: 8 p.m.; Dec. 8: 8 p.m., 10:30 p.m.; Dec. 9: 7 p.m.; BareStage Productions, UC Berkeley’s original student theater company, presents a macbre farce written by Jeffrey M. Jones and directed by Desdemona Chiang. $8. UC Berkeley, Choral Rehearsal Hall. 682-3880 

“Brave Brood” Through Dec. 16: Robert O’Hara directs Robert O’Hara’s searing tale of money, desperation, and the fight for survival. $20. Transparent Theater, 1901 Ashby Ave. 883-0305 www.transparenttheater.org 

“Black Nativity” Dec. 7 through Dec. 16th: Fri. 8 p.m., Sat. 2:30 p.m., 8 p.m., Sun. 5:30 p.m. The birth of Jesus unfolds in this drama written by Langston Hughes. Directed and produced by Betty Gadling. $15 adults, $8 seniors and students, $5 children over 5. Allen Temple Baptist Church, 8501 International Blvd., Oakland 569-9418 www.allen-temple.org 

“Much Ado About Nothing” Through Jan. 8: Check theater for specific dates and times. Shakespeare’s classic romantic comedy chronicles a handful of soldiers returning from a winning battle to be greeted by a gaggle of giddy maidens. Directed by Brian Kulick. $10 - $54. Berkeley Repertory Theatre, 2025 Addison St. 647-2949 www.berkeleyrep.org 

“Murder Dressed in Satin” by Victor Lawhorn, ongoing. A mystery-comedy dinner show at The Madison about a murder at the home of Satin Moray, a club owner and self-proclaimed socialite with a scarlet past. Dinner is included in the price of the theater ticket. $47.50 Lake Merritt Hotel, 1800 Madison St., Oakland. 239-2252 www.acteva.com/go/havefun 

FILMS 

Pacific Film Archive Theater Dec. 6: 7 p.m., Bizarre, Bizarre; 8:50 p.m., The Green Man; Dec. 7: 7 p.m., Smiles of a Summer Night; 9:05 p.m., Cluny Brown; Bancroft Way, 642-1124 www.bampfa.berkeley.edu 

EXHIBITS 

“Furniture Art” Through Dec. 7: An exhibit of metal and wood furniture that revisits furniture not only as art but as craft. 12 p.m. - 6 p.m. The Current Gallery at the Crucible, 1036 Ashby Ave. 843-5511 www.thecrucible.org 

“Berkeley Creations” Dec. 8 & Dec. 15: 11 a.m. - 4 p.m., A group exhibit. Artist-at-Play Studio and Gallery, 1649 Hopkins St., 528-0494. 

“The Paintings of Bethany Anne Ayers and Sculpture of Alexander Cheves” Through Dec. 15: Tues. - Sat. 11 a.m. - 5 p.m. Ardency Gallery, 709 roadway, Oakland. 836-0831 gallery709@aol.com 

“The Whole World’s Watching: Peace and Social Justice Movements of the 1960s and 1970s” Through Dec. 16: A documentary photo exhibition which examines the rich history of the social movements of the 1960s and 1970s. Wed. - Sun., noon - 5 p.m. Berkeley Art Center, 1275 Walnut St., Live Oak Park. Free. 644-6893 

“Matrix 195” Through Jan. 13: German artist, Thomas Scheibitz’s, first solo museum exhibition in the United States showcases semi-abstract representations of everyday objects and landscapes. Wed., Fri. - Sun. 11 a.m. - 5 p.m., Thur. 11 a.m. - 9 p.m. $3-$6. Berkeley Art Museum and Pacific Film Archive, 2626 Bancroft Way, 642-0808 

GTU Exhibit: “Holocaust Series” by Cleve Gray Through Jan. 25: Comprised of 21 works on paper that constitute “a catharsis... for all of humanity.” Mon. - Thurs. 8:30 a.m. - 9:45 p.m., Fri. 8:30 a.m. - 6 p.m., Sat. 10 a.m. - 6 p.m., Sun. noon - 7 p.m.; Free. Flora Lamson Hewlett Library, Graduate Theological Union, 2400 Ridge Rd. 649-2541 www.gtu.edu 

“Enduring Wisdom: Artwork and Stories by Homeless and Formerly Homeless Seniors” Through Feb. 15: 18 homeless and formerly homeless elders reveal how they learned and applied wisdom that is timeless. Mon. - Fri. and Sundays 11 a.m. - 2 p.m. Reception and presentation by the elders Thurs. Nov. 15, 4 p.m. - 6 p.m. Free. St. Mary’s Center, 635 22nd St., Oakland, 893-4723 x222

OAKLAND – About 20 activists, many from Berkeley, gathered outside the Federal Building Tuesday afternoon to protest an Oct. 9 ruling by the federal government’s Drug Enforcement Agency that declared all foods made with hemp illegal. 

The protest was part of a national “day of action,” with protests across the country, organized by Vote Hemp and Students for Sensible Drug Policy, a pair of advocacy groups. 

Activists labeled the DEA ruling “ridiculous,” arguing that hemp, a portion of the cannabis plant that also produces marijuana, is safe, healthy, and contains only trace amounts of tetrahydrocannabinols (THC), the psychoactive chemical in marijuana that creates the drug’s high. 

“It’s really healthy, it tastes good, and it doesn’t get you high,” said Rebecca Saltzman, 19, a UC Berkeley student and member of Students for Sensible Drug Policy. 

Activists said the ruling is crippling a growing, multi-million dollar hemp food industry that launched, in earnest, in 1998.  

Will Glaspy, spokesperson for the DEA, said the agency issued the ruling to clear up confusion around the legality of hemp food products. 

The misunderstanding is rooted in the definition of marijuana in the Controlled Substances Act of 1970. On the one hand, the language exempts fibers, oils and cakes derived from cannabis – in other words, food products made from the “hemp” part of the plant – but on the other hand, the definition classifies, as a controlled substance, “any material, compound, mixture, or preparation, which contains any quantity of...THC.” 

In its ruling, the DEA argued that Congress exempted certain food products because it believed they did not contain any THC. Now, the agency says, it is clear that food products with hemp include some amount of THC, and that the language in the Controlled Substances Act declaring any product with THC a controlled substance should win the day. 

Patrick Goggin, lawyer for the Hemp Industries Association, an industry group that is filing for an emergency stay of the DEA ruling in the Federal Ninth Circuit Court of Appeals in San Francisco, finds fault with the DEA’s logic. 

Goggin argues that the Controlled Substance Act makes very clear exemptions for the use of hemp in food products, and that the new regulation is arbitrary, since the federal government allows for trace amounts of opiates in the poppy seeds on bagels and other foods. 

Goggin said he expects the court to rule on the emergency stay in the next couple of weeks. If the stay is granted, the court would temporarily suspend the DEA rule while it decides on the rule’s legality. 

Yesterday, activists outside the Federal Building said the DEA ruling is simply a slap in the face of the larger movement to legalize marijuana. 

“Hemp is used in food products that have no drug content,” said Don Duncan of Berkeley Patients Group, a local dispenser of medical marijuana. “(The ruling) seems to be making a misguided, symbolic gesture by banning it.” 

John Roulac, president and founder of Nutiva, a Sonoma County hemp food company that produces health bars and tortilla chips, said the DEA ruling has scared off several retailers and customers, leading to a roughly 35 percent decline in Nutiva sales. 

“One day we were selling our products and the next day it was illegal,” said Roulac, who was in Washington, D.C. yesterday for a protest outside the DEA’s offices. 

Jolyn Warford, Regional Marketing Coordinator for Whole Foods, which maintains a natural foods store in Berkeley, said the company “will be complying with the regulations put forth by the Drug Enforcement Agency.”  

Whole Foods will sell the remaining hemp food nutrition bars on its shelves, Warford said, falling in line with a 120-day “grace period” for “disposing” of hemp food inventory allowed by the DEA. After that, she said, Whole Foods will stop stocking hemp food products. 

Officials at Wild Oats, another natural food chain with a store in Berkeley, could not be reached by the Daily Planet’s deadline. But, Larry Valle, grocery manager at the Berkeley Wild Oats, said he will continue stocking hemp food products until his home office tells him otherwise. 

Activists said hemp contains an optimum balance of essential fatty acids – a series of healthy fats – and is the second-highest source of vegetable protein on the market, trailing only soy. 

The DEA’s ruling does not effect hemp products like clothing and bird seed that are not consumed by humans. 

Editor: 

The media always likes to highlight Berkeley as an unusual place, even to the point of ridicule. Alas, the world would be a dull place without satire, caricature and humor. Unfortunately, in a climate of constriction of basic civil liberties our mayor’s fixation on caricaturing her enemies presents a danger to our city. Berkeley could become a place where neighbors turn in neighbors to the thought police – the new FBI role. I doubt that many people would like to see that happen. 

Innuendo? Not. The mayor is a big part of the reason the nation thinks our fire chief ordered flags off fire trucks when he only asked that they be scaled down in size. Shirley Dean went on to suggest that Berkeley was likely to undergo an economic boycott resulting from the council vote urging the government to try to end the bombing quickly to avoid civilian casualties. Various investigative reports have found no evidence of a boycott yet as late as Nov. 2, Mayor Shirley Dean was quoted by the BBC as saying that the (apparently non existent) boycott had hurt Berkeley businesses.  

Then Dean repeatedly misquoted Councilmember Dona Spring as saying that the United States is a terrorist nation, even after being corrected. These quotes wound up all over the national press. Whether or not such a statement has any factual validity Spring never said it so it’s terrible to put Berkeley on the hot seat like that. Dean’s behavior turned Dona Spring and the city into a target. While the council majority tries to find the fine line of responsible criticism and debate, Dean has acted like an agent provocateur making their dissent appear wild and inappropriate. 

I am concerned that Shirley Dean is not representing Berkeley well in the media or on the national level. We need to join others in opposition to the Bush-Ashcroft attacks on Constitutional rights. While some cities like Portland and Corvalis, Ore. have said they will not cooperate with the roundup of legal Arab and Muslim men not specifically suspected of crimes, Berkeley has not spoken. Dean should urge Willie and Jerry Brown and Ron Gonzales to join us and follow suit. If our mayor’s politics do not include the defense of civil liberties then we are in for serious problems. If they do, the mayor should speak out against unlawful detention, military tribunals and the death penalty. We need council/mayoral unity on these basic issues, not phony “wedge issue” politics.  

Marc Sapir, MD, Berkeley 

More and more Alameda County children are going hungry and more working people are unable to make ends meet, according to a report released Tuesday by the Alameda County Community Food Bank. 

According to the report – “Hunger: The Faces and the Facts” – 32 percent of the parents who receive Food Bank aid say that their children sometimes miss meals because they have no food or money. In 1997, only 9 percent of parents answered likewise. 

The sharp increase – over 240 percent in the last four years – could even be understated, according to Food Bank Executive Director Suzan Bateson. 

“We think that number may be low,” she said. “Parents may not admit that their children miss meals, because they might have a lot of shame about not being able to feed their children.” 

The number of working people who seek Food Bank aid has also risen since the 1997 study. In that year, 24 percent of food recipients came from a household in which at least one member had a job; this year, the figure was 37 percent. 

The new report, which was presented to the public at the Food Bank warehouse at the Oakland Army Base, is the result of months of effort by Food Bank staff and volunteers. Throughout the spring of 2001, researchers surveyed the 211 member agencies that receive Food Bank donations in bulk and distributes it to the needy. 

The researchers also directly interviewed 439 individuals who get Food Bank aid. 

Oakland Mayor Jerry Brown, Assemblymember Wilma Chan (D-Oakland), and representatives from the offices of Senator Dianne Feinstein (D-San Francisco) and Representative Pete Stark (D-Fremont) attended the presentation. 

Artensia Barry, a Berkeley resident who helped conduct the survey, receives food assistance from the Berkeley Food Pantry, one of organizations affiliated with the Food Bank. 

“The report shows that there are a lot of things that we need to address, immediately,” she said on Friday. “Nobody in government is really talking about this issue – they're financing the war, and forgetting about their backyard.” 

But according to Second Harvest, a nationwide food aid advocacy group, Congress may soon address one of the report’s key recommendations. 

The report found that while 80 percent of Food Bank clients are eligible for food stamps, only 21 percent actually receive them. 

Bateson said on Tuesday that the food stamp program is underfunded and too difficult for many people, especially those with jobs, to use. Food stamp offices are only open between the hours of 9 a.m. and 5 p.m., she said, and the program requires recipients to come to the office for monthly evaluations. 

“People can’t take time off from work to go do monthly reporting,” she said. “That’s just one of the serious accessibility barriers to Food Stamp clients.” 

In addition, Bateson said, the new report shows that the food stamp allotment only provides 2.2 weeks worth of food for the average Alameda County family. 

The report recommends that federal nutrition programs such as the food stamp program be strengthened, and barriers to receiving food stamps be lowered. 

“A strengthened food stamp program could really help programs like ours,” said Bateson. 

Eleanor Thompson, senior policy associate with Second Harvest, said on Tuesday that it looks like many of those concerns will be addressed in the new Farm Bill of 2001. 

Specifically, she said, the Senate committee currently working on the bill is looking to greatly expand funding for the food stamp program. Numbers are not yet final, but some powerful senators are proposing up to $12 billion dollars for food stamps over the next ten years – an increase of over $8 billion over the last 10. 

Still, according to Bateson, the coming months look like they will be lean ones for food assistance in Alameda County. The recession has hit the Bay Area harder than most places in the United States, and the failure of one particular business was a great blow to the Food Bank. 

“Before Webvan went out of business, they were giving us 1 million pounds of food a year,” she said. “That was about one-twelfth of our total food donations.” 

The increased demand for services, Bateson said, the Food Bank will have to struggle to keep people fed through the winter. 

J.C. Orton, of Berkeley’s “Knight on the Street” program, said Tuesday that attendance at his group’s street soup kitchens is definitely up. 

“Last year, we had probably 100 people,” he said. “This year, it’s 150, easy – and we’re just in the first weeks.” 

Editor: 

While I have appreciated Ms. Alice LaPierre’s articles on solar power she failed to mention one extremely important change in PG&E regulations effective Jan. 1, 2001. From that point on net metering – the practice that allows consumer generators who supply power from solar panels, wind turbines or fuel cells to the grid to be compensated for the power they produce – has been compensated, not at the average price of electricity (12 cents per kWh), but at the rate determined by Time of Use.  

In PG&E’s territory power is sold at two different rates. The peak rate is charged between noon and 6 p.m. Monday through Friday. Other hours are charged at off-peak rates. In summer peak rates are 32 cents a kilowatt hour and off peak rates are 8.5 cents a kilowatt hour. In winter rates are 12 cents and 8.8 cents respectively.  

What this means for consumer generators using solar, or other renewable resource generated, power is that excess power generated at summer peak rates can be used to pay for power used at lower off peak and winter rates. This savings depends, not on the absolute value of the rates, but on the ratio between peak and off peak rates. This ratio is not likely to change since it is based on several hundred million years of human evolution which have made us a species adapted to daylight hours. (This despite the best efforts of Taylorite personnel managers.)  

The main problem with solar power (which I have installed on my own home using the Alice-in Wonderland mechanism of refinancing my mortgage) is the upfront cost. Even though over a 20 or 30 year period these systems will pay for themselves (and reduce the load on the environment) the individual home owner or apartment owner often cannot afford to take this long range view. There is also the complication that solar power in particular depends on arbitrary factors like which way your roof faces.  

The obvious solution is a collective one. Why doesn’t the Berkeley City Council or the Alameda Board of Supervisors consider the possibility of setting up a Coop or Municipal Utility District which, using funds raised by a bond measure, would buy the solar panels (or fuel cells, or wind turbines), contract to install them, and charge the property owners a pro-rated fee based on the average use of the participating members? This would get around the problem of the upfront costs since the public entity would still be around in 20 or 30 years even if the original participants were already pushing up daisies. It would also mean that individual home or apartment owners could participate even if the orientation of their roofs was not such as to make it economically feasible for the as individuals to install solar power.  

Ernie Haberkern,  

Berkeley  

Students at Berkeley High during World War II busied themselves setting up Morse code clubs and selling enough war bonds to purchase two P-39 fighter planes. Across the Bay, Palo Alto High School students raised funds for a bomber with their school’s “Li’l Viking” mascot painted on the fuselage. 

During today’s “war on terrorism,” students in K-12 classrooms from Washington, D.C., to Washington state are collecting donations for Afghan children or for the firefighters in New York City. But a researcher at the UC Berkeley’s Graduate School of Education predicts that, just as in World War II, the core curriculums in schools will see little change. 

“Schools are looking more to the long term,” said Charles Dorn, 34, a fellow in the Graduate School of Education’s Center for the Integrated Study of Teaching and Learning.  

He is examining how teachers and students fared during World War II in the public secondary schools of Berkeley, Oakland, Palo Alto and Richmond.  

“There are all sorts of changes to the peripheral programs, but in English class they’re still reading ‘Romeo and Juliet,’” Dorn said. “They’re not replacing literature with typing to prepare students for clerical work in defense industries. The schools themselves do not really alter their core programs in response to the war.” 

Richmond experienced dramatic wartime change as the Kaiser shipyards opened. School enrollment there swelled to 24,000 in 1945, the same population as the entire city just five years earlier. Richmond schools put into place four schedules every day in order to be able to educate all the students. One kindergarten class had 146 students. 

In Palo Alto, Dorn said, two vice principals were drafted. Oakland and Richmond faced an unprecedented influx of workers to shipyards and defense industries primarily from Oklahoma, Arkansas and the Deep South. 

The major pressures of the war forced some change in schools, such as a Cadet Corps at Berkeley High that replaced traditional physical education courses with military drills and marksmanship lessons. By October 1942, 60 percent of the secondary schools in California featured pre-flight aeronautics classes. 

Dorn has interviewed about a dozen people who were students and about six who were teachers during World War II. He acknowledged that many more oral histories are in order. Other resources he has tapped include statements about the war and about education at the time by educators, school commissioners, education schools and professors.  

Dorn said he also is interested in looking at how classes were taught locally in World War II and who taught them, considering the military build-up and flood of men into the military.  

There is some school district archival material, such as newsletters and school board minutes, to review, he said, but teachers tend around their retirement to clean out their garages, tossing out the accumulated material from their classroom days.  

School newspapers and yearbooks of the war days have been particularly helpful, Dorn said. “It’s fascinating to read what editorials students were writing at the time,” he said. 

Dorn said he believes that examining the influence of wartime events on public education during World War II “helps illuminate what’s occurring right now. We’re starting to see similar things happen in schools in response to the attacks on September 11 such as the New York City Board of Education requiring the Pledge of Allegiance in city schools.” 

Likewise, he said, today’s social studies teachers are likely to incorporate some lessons about war, terrorism and social change into their lesson plans. Dorn said the adjustments, however, “probably will be temporary, and teachers will resist permanent change.” 

Teachers and school administrators may often be viewed as impervious to change and reform, Dorn said, but educators in wartime seem to cling to the concept of school as a foundation for consistency, stability and democratic traditions. 

“During World War II, public schools seemed to demonstrate a significant commitment to previously articulated democratic purposes,” Dorn said. 

“Although Americans debated the new role public education should take in a these debates, maintaining a sturdy dedication to fundamental democratic principles never fully realized in American society.” 

This constancy can be a reassurance during our current conflict, he said.  

This article was written by the UC Berkeley media relations office.

As a public service, the Berkeley Daily Planet will list BERKELEY-BASED nonprofit agencies soliciting donations and/or volunteers. Please use the following format and e-mail by Dec. 7 to news@berkeleydailyplanet.net.  

(Name) Jane’s Nonprofit 

(address) 2333 Nonprofit Way, Berkeley, CA 9444444 

(phone) 111-1111 

(description - 15 words maximum) Jane’s Nonprofit remodels old houses for affordable housing. Needs cash donations and volunteers. 

(nonprofit number) xxii332

WASHINGTON – The U.S. government will decide in good time what to do with an American believed to have been fighting alongside the Taliban, Defense Secretary Donald H. Rumsfeld said Tuesday. 

He declined to say whether he considered the man a traitor. 

“We found a person who says he’s an American with an AK-47 in a prison with a bunch of al-Qaida and Taliban prisoners,” Rumsfeld told a press conference. “You can be certain he will have all the rights he is due.” 

U.S. and allied Afghan forces are holding three former Taliban fighters who claim to be American citizens. One of them, an injured man who identified himself as John Walker, is receiving medical treatment from U.S. forces after emerging from a battle-scarred fortress in Mazar-e-Sharif. 

Walker, 20, who converted to Islam when he was 16, suffered grenade and bullet wounds, CNN reported. His parents identified him from video and photographs as John Philip Walker Lindh of Fairfax, Calif. 

Asked if he had considered what to do with the man, Rumsfeld said Walker is not the No. 1 priority right now. 

“We’ll get to that in good time,” Rumsfeld said. 

“I do know a bit about the various options and I have not landed on one at the moment,” he said. “I’ve got lots of things that are front and center that we’re dealing with at the time.” 

Pentagon spokeswoman Victoria Clarke said earlier that American officials have been talking with Walker. 

Walker’s father, Frank Lindh, said he has hired a lawyer and wants to visit his son, who had studied Arabic and Islam in Yemen and Pakistan. “We’re anxious to hear from the government,” he said Tuesday on NBC’s “Today” show. 

On CNN’s “Larry King Live” program Monday night, Lindh said it appeared his son had been a combatant with the Taliban. “He’s really not much more than a boy,” he said. 

Meanwhile, Clarke said the number of Marines at a base in southern Afghanistan has grown to 1,300. The troops have taken over an air base south of the last Taliban stronghold of Kandahar. 

Two other people who claim to be Americans are under the control of the northern alliance, a defense official said. The official knew few details about these two, whose identities have not been established and whose condition could not be determined. 

Asked about Walker, Rear Adm. John Stufflebeem, the deputy director of operations for the Joint Chiefs of Staff, could not say Monday whether Walker is considered a prisoner of war or whether he would be returned to the United States. 

“The only thing that I can say about this individual is that this is somebody who claims to be an American citizen,” he said. “That claim is being respected for the moment, until facts can be established.” 

The U.S. government could find it difficult to successfully bring charges against Americans fighting for the Taliban. 

A case against Walker “would be a tricky thing to prosecute because the Constitution requires two eyewitnesses to the act of treason,” University of North Carolina law professor Eric Muller said. “I would think somebody in the Justice Department will have to take a very careful look at this.” Also, President Bush’s military tribunals are limited to foreign nationals, not U.S. citizens. 

Another possible avenue would be to charge American Taliban fighters with seditious conspiracy, which has a lower standard of proof. That’s one of the charges that radical Islamic cleric Omar Abdel-Rahman, who plotted to blow up New York City landmarks, was convicted on in 1995. One of Abdel-Rahman’s sons was captured while fighting for the Taliban in Afghanistan.

PHOENIX – Arizona avoided millions of dollars in prison costs through a voter-approved 1996 law that requires that some drug offenders be placed on probation and provided treatment rather than locked up, a new study concludes. 

The sponsors of a similar California law that took effect in July have applauded the results as a good example of what can be expected as the treatment initiative diverts thousands of drug offenders from the nation’s largest state prison system. 

“Arizona has the most experience with a law that grants a right to treatment instead of jail, and the state continues to have positive results,” said Dave Fratello, who managed the campaign for California’s Proposition 36, approved by voters in November 2000. 

Fratello’s Campaign for New Drug Policies is encouraging similar initiatives in other states if California’s effort succeeds. 

Arizona spent $1 million in 1999 to treat and supervise 390 inmates kept out of prison by the 1996 law, while it would have cost $7.7 million to imprison them, the study said. 

That called, called Proposition 102 on the November 2002 ballot, focused on diverting nonviolent drug offenders from the prison system into community treatment programs. 

The new study by the state Administrative Office of the Courts reviewed probation and treatment costs of 5,385 probationers who participated in the state-funded substance-use treatment program. 

Of them, 1,246, 23 percent, were sentenced to probation under Proposition 102. 

Only 390 of the 1,246 would have gone to prison without Proposition 102, because many violators already avoided prison sentences, the study showed. 

The study said 2,719 probationers had ended treatment as of June 30, 1999, 82 percent of whom complied with treatment requirements and 38 percent who did not. 

Passage of Proposition 102 meant the “valuable tool” of offering voluntary participation in treatment programs is not available to law enforcement officials trying to deal with offenders who refuse treatment, the report said. 

Proposition 102 requires treatment rather than time behind bars for those convicted for the first or second time of being under the influence of drugs or possessing drugs for personal use. The state Supreme Court recently ruled that the law also covers possession of drug paraphernalia for personal use. 

The initiative provides funding for treatment. Money not required for treatment of offenders sentenced under Proposition 102 is available for treatment of other offenders, and the study said the state spent $3.5 million for treatment on those offenders in 1999.

CARSON CITY, Nev. – A new Nevada law has enabled 57 people with serious illnesses to get licenses to use medical marijuana. Nine others have been licensed as caregivers. 

There was an initial flood of applications when the program started Oct. 1. But Cecile Crofoot of the Agriculture Department, which oversees the program, said applications have tapered off since then. 

Crofoot said she mails out about five information packets a day, adding that the program seems to be working smoothly. 

Her office has mailed out 687 packets to individuals, but only about 10 percent return applications. Crofoot thinks many drop the idea when they learn the program is controlled to prevent drug abusers from getting a card. 

“Most of the druggies give up,” she said. 

The Nevada law allows individuals suffering from specific chronic and debilitating diseases such as AIDS, cancer and glaucoma to register with the state. 

They get a registry card that exempts them from state prosecution for possession and use of small amounts of marijuana. Their names are confidential, as are the names of the doctors who signed letters qualifying them for the registry cards. 

There’s no guarantee the medical marijuana users won’t face federal prosecution, but Crofoot said federal drug agents have shown little interest in Nevada’s program thus far. 

Nevada law lets medical marijuana users grow their own plants, with assistance from licensed caregivers – typically spouses or partners. The program is modeled after one operating for several years in Oregon.

FAIRFAX – Word that a handful of Americans had fought alongside the Taliban came as a particular shock in Fairfax: One of them apparently spent his teen-age years in this wooded, hilly town north of San Francisco. 

John Phillip Walker Lindh, 20, – who gave his name in Afghanistan as Abdul Hamid – was in the custody of U.S. forces after being discovered among captured Taliban troops and al-Qaida fighters. He was being treated for undisclosed injuries. 

His father, Frank Lindh, said Monday night on CNN’s “Larry King Live” that he last spoke to his son in May. He told his father he would head for a cooler region of Pakistan for the summer. 

“I had no indication or reason to be concerned that he would put himself in danger like this by going to Afghanistan,” Frank Lindh said. 

“Until John disappeared on us, so to speak, on the first of May I had nothing to see there other than a kid, a boy really, who converted to a religion that I respect and seemed very healthy and good for him,” Lindh said Tuesday. 

Lindh said he was concerned about his son’s welfare and had hired a lawyer to represent him. 

Walker’s capture was made-to-order conversation Monday at the cafes in Fairfax. Neighbors wondered aloud whether Walker was an impressionable kid who lost his way or an ideologue who found it. 

“If he was pointing a gun at any of my soldier friends, put him on trial,” said Russell Decker, 51, a local guitarist. “If not, put him in a mental ward and bring him home.” 

Another local musician, Neil Lavin, saw Walker’s path to Afghanistan as a spiritual quest. 

“I can’t see him as being unpatriotic. This is where his journey led him,” said Lavin, 32. “I imagine he lost himself there. Or found himself.” 

Walker told Newsweek after his capture that he had entered Afghanistan to help the Taliban build a “pure Islamic state.” His parents said he had long been fascinated with Islam – he converted at 16 – and had a pacifist’s heart for social justice. 

There was no answer when a visitor knocked at Marilyn Walker’s house Monday. Neither Marilyn Walker nor Frank Lindh returned messages left by The Associated Press. Lindh said on CNN that they were separated and in the midst of an “amicable divorce.” 

Marilyn Walker told Newsweek her son was raised Catholic but converted several years after moving from Silver Spring, Md. 

Walker transferred from an area high school after his first semester to Tamiscal High, an alternative school in nearby Larkspur. 

Tamiscal principal Marcie Miller said teachers called Walker “a gifted writer of poetry.” As a freshman and sophomore, his curriculum had a world arts and culture theme, including studies of Islam and the Middle East. 

Walker took the proficiency test and graduated early in 1998, said Laurie Samera, an assistant to the Tamalpais Union High School District superintendent. She said he asked that the name on his diploma be changed to Suleyman Al-Lindh. 

Walker reportedly was drawn to Islam after reading “The Autobiography of Malcolm X.” 

In 1997, he began to study at the Islamic Center and Mosque of Mill Valley, where he met Abdulla Nana, a 23-year-old fellow Muslim who described Walker as a close friend. 

“He is quiet and soft spoken and humble,” Nana told the San Francisco Chronicle. “I wouldn’t have expected him to go and fight there.” 

Nana said Walker became devout enough that he always wore a traditional Muslim cloak. 

“As a convert, he was an example of how to behave,” Nana said. “We looked up to him because of his dedication to Islam.” 

His parents then paid for him to travel to Yemen to study Arabic. They lost track of him after he moved on to Pakistan, where he studied the Quran at a religious school. 

Marilyn Walker told Newsweek she wondered whether her son had been brainwashed by the Taliban. Some of his neighbors who meet each morning at the Koffee Klatch diner surmised the same. 

“He’s just a kid. He don’t know what he’s doing,” said Lou Vaccaro, 70. 

Bill Jones, a friend and former housemate of Walker’s father, said Walker “had no politics on his mind, only religion.” 

“I think it’s wrong to call him the ’American Taliban’ – as far as I am concerned he is the American victim of the Taliban. He was just a good kid who ended up in the wrong hands,” Jones said. 

Bob Sharpe, 56, a Vietnam veteran and writer, said he expected a lot of legal handwringing over what to do with Walker. 

“I think he needs to be arrested and interrogated,” Sharpe said. “And I think a lot depends on his attitude.” 

Andrew Cleverdon, 19, grew up across the street from Walker in Virginia. He said Walker didn’t have any particular fascination with the military. 

“I would hate to be in his shoes right now,” Cleverdon said. “I was little shocked.” 

Walker’s family is concerned for his safety and wants to greet him with open arms, his father said. 

“We want to give him a big hug,” Lindh said, though he admonished his son for venturing into Afghanistan. “I would have not given him permission to go to Afghanistan.”

SAN FRANCISCO — A new $2.6 billion eastern span for the San Francisco-Oakland Bay Bridge received its last piece of financing Tuesday when the federal government provided $450 million, Gov. Gray Davis said. 

Construction of the new span, designed to withstand major earthquakes on the San Andreas and Hayward faults, will begin early next year. Caltrans plans to finish the modern single-tower suspension bridge in 2006. The current 65-year-old bridge will then be removed. 

Davis said the federal decision completes state funding for the bridge, which carries 280,000 vehicles a day. The $450 million is a loan to California from the U.S. Department of Transportation through its Transportation Infrastructure Finance and Innovation Act. 

The remaining $2.15 billion comes from state gasoline taxes, toll bridge fees and revenue bonds. The bridge’s eastern section was scheduled to be replaced after the 1989 Loma Prieta earthquake.

SAN FRANCISCO – Despite calls from some of its member doctors, the American Medical Association on Tuesday declined to endorse smallpox vaccinations for all Americans. 

Instead of vaccinating the entire nation, the 538 delegates attending the AMA’s annual winter meeting voted overwhelmingly to continue planning and studying the repercussions of such a mass inoculation. 

“We do not yet know that the bad guys have the smallpox virus,” said Dr. Ron Davis, a public health expert from Detroit and a member of the AMA’s 20-member board of trustees. “There are huge, complex issues involved and due deliberation is needed.” 

Among the biggest concerns is that the vaccine itself could kill as many as 300 people and sicken thousands more if the entire U.S. population of 280 million people was vaccinated — a risk that Salt Lake City obstetrician and AMA board member John C. Nelson said is unwarranted. 

“There is not a single reported case of smallpox anywhere in the world right now,” Nelson said. 

There’s even disagreement whether those already inoculated — nearly every American 32 or older — will need another vaccination to prevent a smallpox infection. 

“Immunity does last years,” Davis said. “But it does weaken over time.” 

Also, babies younger than 1 and people with weakened immune systems such as those with HIV — diagnosed and undiagnosed — couldn’t withstand smallpox vaccinations, doctors said. 

The action Tuesday was in response to a proposal by Florida doctors that the AMA back nationwide vaccines despite those risks. 

“We are at threat,” Dr. Bernd Wollschlaeger of North Miami Beach, Fla., said during debate of the issue on Sunday. 

Others urged the AMA to endorse voluntary vaccinations that would be left to the discretion of prescribing doctors. 

But Davis pointed out Tuesday that the United States has only 15.4 million doses of vaccine currently available. The federal government did recently agree to pay a total of $428 million to Baxter International Inc. and Acambis Plc. for 155 million doses of smallpox vaccine. But those new doses won’t be available for at least a year. 

Until then, Dr. Joy Maxey of Atlanta advocated inoculating doctors such as herself to protect against contracting the disease from patients. 

“We should at least be offered that opportunity,” Maxey said Tuesday. The AMA sent Maxey’s proposal to vaccine so-called “front-line defenders” such as doctors and paramedics to a committee for study. 

Smallpox vaccination stopped in the United States in 1972, and the disease was eradicated worldwide by 1980. Two smallpox virus samples remain — one in the United States and the other in Russia. Concerns about security at the Russian lab have existed and been exacerbated by the proliferation of anthrax cases. 

A smallpox epidemic would be much worse than an anthrax outbreak because it is contagious and deadly. Roughly 30 percent of those who contract smallpox die. 

“I think the doctors are as scared as anyone else,” Nelson said. 

Still, Nelson said detailed scientific studies and more discussion among doctors and federal health officials need to occur before determining what should be done. 

The Centers for Disease Control and Prevention will discuss the smallpox issue on Dec. 12-13. Last week, the CDC issued a 300-page report called the “Interim Smallpox Response Plan and Guidelines,” which recommends waiting until an outbreak occurs before beginning vaccination. 

Even then, the CDC report said a technique called “ring vaccination,” where only healthy people around a smallpox victim receive the vaccine, has proven to be effective.

LOS ANGELES – California will climb out of the recession with the rest of the country next spring but the pain caused by the current downturn will linger well into the year, according to a new economic forecast. 

Even as the economy begins to grow again and incomes start to rise in the second quarter of 2002, state economists predict the job market will tighten further and there could be some large-scale corporate bankruptcies during the year. 

The projections are detailed in the UCLA Anderson Forecast, a widely watched look-a-head on the economy to be released Wednesday. 

The report says the state’s 5.7 percent unemployment rate will continue rising gradually and peak at 6.4 percent in early 2003. But the overall impact of this recession will be milder than its predecessor in the early 1990s, when the state unemployment rate hit nearly 10 percent. 

For Californians like Edwin Gomes, a 29-year-old resident of South Central Los Angeles looking for an apprentice plumber job, the forecast offers some hope that he’ll eventually land a stable job but not enough to spur his spending. 

“You still have to take care of your money because you don’t really know what’s going to happen,” he said. “You’re not able to spend money on that fancy new coat or other luxury things.” 

Meanwhile, the forecast calls for personal income in California to increase only slightly this year, by 2.1 percent, dramatically off last year’s 9.8 percent growth rate. 

Next year that figure could decline even further to 1.1 percent. But by 2003, when economists expect technology, tourism and international trade to be doing well again, personal income should grow by 5.6 percent. 

The September terrorist attacks have caused the most direct damage to the state’s economy so far, mostly in the hotel industry. 

Continuing cancellations and postponements of tourists’ visits from affluent countries, especially Japan, threaten further harm in the short-term, said Tom Lieser, senior economist and author of the Anderson Forecast for California. 

Long-term, however, the impact of terrorism should ease and tourism — worth $75 billion a year to the California economy — should rebound. 

“People get kind of hardened to it after a while,” Lieser said. 

Regionally, San Francisco and Silicon Valley will continue to bear the lion’s share of this recession, which officially began last March. The San Francisco Bay area has been stung by over-inflated real estate prices and the near collapse of spending in the high-tech sector, where orders and shipments remain depressed and jobs are still disappearing. 

“It’s premature to assume that Silicon Valley has hit bottom, but it might not be too far away,” said Lieser. 

An improvement in tech prospects is key to any lasting recovery throughout the West, said Rob Valletta, senior economist at the Federal Reserve Bank of San Francisco. 

While the tech sector is showing some signs of stabilizing — including news from the Semiconductor Industry Association Monday that worldwide semiconductor sales rose 2.5 percent in October — strong growth of between 10 and 20 percent will be necessary before the sector becomes the economic driver it once was, Valletta said. 

That probably won’t occur until at least 2003, he said. 

Parts of Southern California, meanwhile, will likely escape the recession altogether due to their economic diversity. But as a whole, Southern California can expect things to get worse before they get better, economists warn. 

“It is not immune to the national slowdown anymore,” Valletta said. 

Although the recession is expected to be mild by previous standards, the return to economic health will be slower and less dramatic than usual. 

“There are a lot of things out there that are going to limit the strength of this recovery,” said Jack Kyser, chief economist for the Los Angeles County Economic Development Corporation. 

Prominent among them are inflated residential and commercial real estate markets in San Francisco and San Jose, which are only just starting to deflate, and companies’ bloated inventories and excess investment in assets such as factories, he said. 

Over-investment and supply will likely cause several large-scale bankruptcies across the country in the next year, most likely in the retail and airline sectors, Kyser said. 

The state government’s worsening financial situation could also slow the rebound, as legislators are forced to make cuts to balance the budget. 

The failure of electricity deregulation is costing the government billions of dollars at a time when tax revenue has plummeted due to investors’ losses in the stock market and declining sales tax receipts. 

California is expected to end fiscal 2001-02 with a deficit of $4.5 billion, according to the California Legislative Analysts Office.

SACRAMENTO – California power officials refused last week to help Enron Corp. line up power for their customers, citing credit concerns. 

“We were worried about credit,” said Pete Garris, acting deputy director of the state’s Department of Water Resources, at a Capitol briefing Tuesday. 

The turnaround marks how far the state has come since a year ago, when generators refused to sell energy to California utilities for the same reason, said Power Authority Chairman S. David Freeman. 

State power officials are preparing to cover up to 1,200 megawatts of energy that Enron supplies within California. Among Enron’s direct access customers are the University of California and California State University systems. 

Enron, which had revenues of $100.8 billion in 2000, filed for bankruptcy Sunday after a dizzying fall triggered by revelations of questionable partnerships, four years of overstated profits and then a failed merger with rival Dynegy. 

If Enron defaults on its direct access customers, state power officials will find a way to provide seamless electrical service to its customers, Garris said. DWR is prepared to supply the 800 to 1,200 megawatts of direct-access service to Enron customers. 

An Enron spokeswoman didn’t immediately return a call seeking comment. 

Enron sold some customers on thinking they would get cheaper power, Freeman said, and now may not deliver it. The company has sent letters “telling some customers they may not supply them.” 

In September, the Public Utilities Commission banned direct access, which lets customers bypass a utility and contract for power from an energy marketer, such as Enron. 

The PUC’s three-month delay in banning direct access let many customers defect from utilities and sign on with Enron and other providers. 

That meant fewer customers remained to pay off the debts the state built buying power at high wholesale rates and selling to customers, including those who later signed up for direct access, under capped rates. 

An Enron defaults, Freeman said, could send those customers back to the utilities, which would help the state pay that debt. 

UC spokesman Charles McFadden said the system was watching the Enron situation and officials were talking with the company “almost constantly.” 

“We have gotten a ’dear customer’ letter from Enron,” he said. “We’re not going to let the lights go out at UC.” 

Freeman said even increasing the CSU and UC price by one cent per kilowatt hour would add an additional $12 million to their bills each year. 

But McFadden said the universities had saved “tens of millions of dollars by having the direct-access contracts with Enron over past three plus years.” 

The state has been buying power for customers of three utilities since January. The utilities, Southern California Edison, Pacific Gas and Electric Co., and San Diego Gas & Electric Co., had amassed billions in debts due to high wholesale costs they couldn’t pass on to customers. 

Some energy providers, fearful that they wouldn’t be paid, refused to sell to California, or added credit premiums to the price for electricity, driving prices even higher. 

Enron, which has no power plants in California, has been a good customer for the California Independent System Operator, which operates much of the state’s electrical grid, said spokesman Gregg Fishman.

SAN FRANCISCO (AP) — Critics of Pacific Gas and Electric Co.’s plan for emerging from bankruptcy have filed about 70 complaints at federal bankruptcy court. 

Many have asked that California’s largest utility be more specific about its wishes to shift control of its power plants and transmission system from state to federal regulation, as well as plans to borrow against those assets to raise $13.2 billion to pay creditors. 

PG&E says its plan is the best method to pay its thousands of creditors, climb out of bankruptcy and buy its own electricity rather than rely on the state. 

But critics contend that losing state control of the utility’s hydropower facilities, nuclear power plant and natural gas and electric transmission systems could result in higher rates for customers, and less control over power prices for all Californians. 

Creditors, opponents and PG&E were set to meet in bankruptcy court Tuesday afternoon, and state officials were expected to ask U.S. Bankruptcy Judge Dennis Montali to hold a trial separate from the main proceeding on PG&E’s request that he override state law and let the utility transfer those assets. 

Both the state Public Utilities Commission and the Attorney General’s office have filed complaints against PG&E’s reorganization plan. They say state law bars PG&E from transferring or selling power plants to a federally regulated affiliate. 

Consumer advocates, such as The Utility Reform Network, worry such a transfer would mean the loss of relatively cheap electricity for the state, and that rates eventually could rise again. 

Under state control, PG&E must work with the PUC, and hence, the public, to set prices for power from its plants. State lawmakers stopped PG&E and other utilities from selling their power plants when the new out-of-state owners of those plants allowed prices to soar. 

Ron Low, a PG&E spokesman, said the utility opposes a separate trial on these issues because “the issues raised by the Attorney General and the PUC can be addressed through the normal confirmation process.” 

Low added that the issues raised by the PUC and AG’s office are not listed within the bankruptcy code as such that qualify for a so-called adversary proceeding. 

Calls to the PUC and the Attorney General’s office were not immediately returned. 

California’s largest utility has asked federal regulators for permission to use its assets to form three new power companies. 

On Friday, PG&E filed six applications totalling about 20,000 pages with the Federal Energy Regulatory Commission and one application at the Nuclear Regulatory Commission. 

The utility, which filed for Chapter 11 bankruptcy protection April 6, must wait for a judge to approve its plan of reorganization before it can emerge from bankruptcy, into which it slid after a state rate freeze left it unable for months to collect the full price of electricity from its customers.

Construction on the Harrison Skate Park is underway again more than a year after the project was abruptly halted when the carcinogen Chromium 6 was discovered in groundwater on the site. 

The city has approved a $385,000 contract with Altman Engineers to construct a series of concrete skate bowls, some as deep as eight feet, at the southeastern corner of Harrison Soccer Field at Fifth and Harrison streets.  

The city spent $235,000 to remove and treat toxins on the site and according to Parks and Waterfront Director Lisa Caronna the money was well spent.  

“We have been continually testing the water at the site and the results show the treatments have been successful,” Caronna said. “We’re really excited to be moving ahead with this project. Now it’s just a matter of the rains staying away.” 

Caronna said the 18,000-square-foot skate park, which will include a host of skateboard features such as four to five-foot-high ledges, rails and rolls, will be finished this summer in time to accommodate an increasing number of skateboarding enthusiasts.  

“The popularity of the sport is growing and I see more and more skateboarders on the street everyday,” she said. 

According to Kevin Thatcher, the publisher of the San Francisco-based skateboard industry magazine THRASHER, there are now 11 million skateboarders, mostly under 18 years old, nationwide who qualify as “skaters.”  

“’Skaters’ are the kids who skate three to five times a week and usually have a scar or two, to show for it,” he said. “If you want to talk about the kids who have a skateboard in their closet that they use once in a while, the number is more like 20 million.” 

Construction was halted last November when the former contractor, Morris Construction, struck groundwater while excavating the skate bowls. Secore International was hired to pump the contaminated water into 20,000 gallon holding tanks where it was treated and released into the sanitary sewer. 

In addition the groundwater below the site was treated with bisulfates, which changed the Chromium 6 into the non-carcinogen Chromium 3. Then the bowls were filled with crushed rocks and sealed off, according to city Hazardous Materials Supervisor Nabil Al-Hadithy. 

Al-Hadithy added that despite the discovery of Chromium 6 in the skate bowls last year, the health risk was very low because Chromium 6 is dangerous only when ingested or inhaled. “From the time the groundwater showed up in the bowls there was an extremely small chance of its being ingested by human beings,” he said. 

The project, including clean up costs, is now at about $620,000, which is about $235,000 more than the original estimates. Caronna said the city is looking at its option on recouping some of the clean-up funds from the original source of the Chromium 6, Western Roto Engravers Color Tech on Sixth Street, which is located two blocks away from the skate park on Sixth Street. 

Construction began again last week on a redesigned skate park but the project has already experienced a minor setback because of the three inches of rain that fell over the weekend. The stormy weather filled the skate bowls with two-feet of rain water. As a safety precaution, Caronna said the water will be pumped out, filtered and released into the sanitary sewer. 

According to Altman Engineering Superintendent George Johnson, once the rain stops and the water is removed from the excavated bowls, the project will be finished quickly. “If we get some good clear weather, we can roll on this thing and have it done by April,” he said. 

Harrison Field has been controversial since the city purchased the land from the university a few years ago. Opponents of the park claim it is located in an environmentally questionable area. The park is nestled among three industrial manufacturers, Interstate 80 and a waste transfer station.

Tuesday, Dec. 4

Ghosts of Kroeber Hall: Anthropology and Native America 

4 p.m. 

UC Berkeley 

Morrison Room, Doe Library 

A lecture by Orin Starn, commemorating the UC Berkeley anthropology department’s centennial. 643-5651, http://ls.berkeley.edu/dept/ anth/centennial.html. 

Why Freedom Matters More Than Ever 

6:30 - 8:30 p.m. 

The Independent Institute 

100 Swan Way, Oakland 

Hoover Fellow and Economist David Henderson touts importance of free markets and liberty during wartime and economic recession. $12. 632-1366, www.independent.org. 

East Bay Mystery Readers Group 

7 p.m. 

Dark Carnival Bookstore 

3086 Claremont Ave. 

Informal gathering to discuss mysteries the first Tuesday of every month. This month's books are: Maggie Shayne, The Gingerbread Man; Ruth Rendell, Road Rage; and Noreen Wald, Remembrance of Murders Past. You don't have to read the books to come. 654-7323 

Berkeley City Council Meeting 

7 p.m. 

City Council Chambers 

2134 Martin Luther King, Jr. Way 

General Plan discussion.  

705-8102. 

The Spirit of Christmas Class 

7 - 9 p.m. 

1250 Addison  

Studio 103 

Explore the metaphysics of the Christmas Story. 540-8844, patricia@ newthoughtunity.org. 

Feldenkrais Chair Class for Seniors 

1 p.m. 

North Berkeley Senior Center 

1901 Hearst Ave. 

Gentle movement class for older adults. Free. ellmor1@home.com 

Feldenkrais Floor Class for Seniors 

2 p.m. 

North Berkeley Senior Center 

1901 Hearst Ave. 

Gentle movement class for older adults.  

Free. ellmor1@home.com 

Wednesday, Dec. 5

Commission on Disability 

North Berkeley Senior Center 

1901 Hearst Ave. 

Community members are welcome. dlbrown@ci. berkeley.ca.us, 981-6346. 

Timber Framing, Ancient and Modern 

7 - 10 p.m. 

Building Education Center 

812 Page St. 

Seminar by Timber Framers Guild member Dour Eaton. $35. 525-7610 

Advisory Council 

10 a.m. 

North Berkeley Senior Center 

1901 Hearst Ave. 

Community members are welcome. 644-6343 

Free Feldenkrais Class for Seniors 

11:45 a.m. 

Jewish Community Center 

1414 Walnut St. 

Gentle movement class for older adults.  

Lecture Series on Women Medieval Mystics 

7:30 - 9 p.m. 

All Souls Parish 

2220 Cedar St. 

Three Women Mystics: An Advent Lecture Series. Exploration of their spiritual quests designed to offer a new sense of spiritual possibilities in modern times. Free. Supervised childcare will be provided. 848-1755. 

Thursday, Dec. 6

Lunch Poems Reading Series 

12:10 p.m. 

UC Berkeley 

Zellerbach Playhouse 

The series continues with Pulitzer Prize-winning poet Gary Snyder. 642-0137, www.berkeley.edu/calendar/events/poems/.  

Berkeley Special Education Parents Group (BSPED) Meeting 

7 - 9 p.m. 

Ala Costa Center 

1300 Rose St. 

Case managers from the Regional Center of the East Bay will discuss their services, and will formulate the spring agenda for special education advocacy. 558-8933, sandstep@ earthlink.net. 

Community Environmental Advisory Commission 

7 p.m. 

Planning and Development Dept. 

First Floor Conference Room 

2118 Milvia St.  

Green Business and Green Building positions. 705-8150, www.ci.berkeley. ca.us/. 

Bioterrorism, A Common Sense Look at Health Care Concerns 

6:30 - 8 p.m. 

Alta Bates Auditorium 

2450 Ashby Ave. 

Clinical experts from Alta Bates and the Alameda County Health Dept. are holding a neighborhood forum to answer the questions and concerns of local residents. Limited seating, reservations are required. Free. 204-1463 x2. 

Avatar Metaphysical Toastmasters Club 

7 - 8 p.m. 

2515 Hillegass Ave. 

Practice public speaking about metaphysics, guests welcome! 848-6510, www.metaphysicallyspeaking.org. 

Montessori Campus Design  

Competition Exhibit  

7 - 9 p.m. 

Berkeley Montessori School 

1581 LeRoy Ave. 

BMS is designing a new Elementary and Middle School campus, see the designs and give your feedback for jury consideration in selecting the winner. 843-9374, sharline@well.com. 

Snowshoeing Basics 

7 p.m. 

Recreational Equipment, Inc. 

1338 San Pablo Ave. 

A slide presentation will be followed by a review of basic snowshoe fit and design, as well as pointers on technique and winter safety preparedness. 527-4140 

Friday, Dec. 7

PEN Oakland & Literature  

Without Borders:“War & Peace” 

5:30 - 8 p.m. 

Pro Arts 

461 9th St., Oakland 

Issues of War and Peace through poetry, and prose from Bay Area authors. 525-3948, kimmac@pacbell.net. 

Lunchtime Lecture 

12 p.m. 

City Commons Club 

2315 Durant Ave. 

UC Berkeley Professor Hatem Bazian discusses US relations in the Middle East. $1 admission with coffee, $11 - $12.25 admission with lunch. 

Dunsmuir Historic Estate  

Holiday Season 

11 a.m. - 5 p.m. 

2960 Peralta Oaks Court, Oakland 

Volunteers have transformed the 50-acre estate and the 1899 mansion into a holiday event. 925-275-9595, www.dunsmuir.org. 

Civil Liberties Talk 

7 p.m. 

AK Press 

674-A 23rd St., Oakland 

A radical reading of civil liberties. Author Christian Parenti and filmmaker Jose Palafox speak about dissent, blowback, security, surveilance and policing. 208-1700, molly@akpress.org. 

Silent Auction to Break the 

Silence: Through the Eyes of  

the Judged 

6 - 10 p.m. 

Downtown Oakland YWCA 

1515 Webster St. 

A benefit for the Prison Activist Resource Center featuring speakers, music, food. $10-40, no one turned away for lack of funds. 893-4648 x108 

Saturday, Dec. 8

31st annual KPFA Community  

Crafts Fair 

10 a.m. - 6 p.m. 

The Concourse 

8th & Brannan streets 

220 juried craftsmakers & artists show their best work in a mellow ambiance offering natural foods from many cultures, world music & dance performances & wise speakers. $7, Benefits KPFA Free Speech Radio. 848.6767 x609 www.kpfa.org 

Editor: 

John Geluardi had an article on hepatitis in the 11/30 issue which had several important errors. He quoted Jessie Wofsy, an HIV Prevention Coordinator, as saying that there is no cure for Hepatitis C. The fact is that current anti-viral treatments can clear virus from the system in 1/4 of those with type (genome) 1 and 2/3 get clearance of virus as well as normalization of liver enzyme tests with types 2 and 3 (see R Zetterman's address to the 65th annual American College of Gastroenterology proceedings, reported at Medscape.com). Followup of these patients is for probably less than five years, but this is a far cry from “no cure.” 

The importance of a person with Hep C getting evaluated is that he/she can be offered treatment, if that is indicated (people with normal liver tests don't get treatment). Over time, if cirrhosis becomes an issue, they can be referred on to one of the groups doing treatment for advanced liver disease, which may include liver transplantation. The Liver Dept from Calif Pacific has an East Bay clinic for this purpose in Oakland (called East Bay Liver Clinic, I think).  

Secondly, Ms. Wofsy stated that Hepatitis A and B...can be treated with vaccines. Wrong again – vaccines prevent disease, they cannot alter the course of an infection once it has gotten hold. Hep A vaccine is commonly recommended for travelers to areas with questionable food or water supplies. Hep B is given to people who will have exposure to blood or body fluids.  

Robert Winshall, MD, MPH 

Berkeley 

Music 

924 Gilman St. Dec. 7: Har Mar Superstar, The Pattern, The Blast Rocks, Your Enemies’ Friends, Hate Mail Express; Dec. 8: Scurvy Dogs, Nigel Peppercock, Shut The Fuck Up, Offering To The Sun, Voetsek; Dec. 9: Poison The Well, Unearth, Sworn Enemy, Spark Lights The Friction; Dec. 14: Hot Water Music, American Steel, F-Minus, Trial By Fire; Dec. 15: Strung Out, Limp, The Frisk, The Deadlines, The Creeps; Dec. 16: 5 p.m., Good Riddance, Missing 23rd, Downway, Audio Crush; Dec. 21: Kepi, Bonfire Madigan, Kevin Seconds; Dec. 22: The Lab Rats, Onetime Angels, A great Divide, Last Great Liar, Gabriel’s Ratchet; Dec. 23: 5 p.m., Over My Dead Body, Panic, Breaker Breaker, Some Still Believe; All shows start a 8 p.m. unless noted; Most are $5; 924 Gilman St. 525-9926 

The Albatross Pub Dec. 4: Panacea; Dec. 5: Whiskey Brothers; Dec. 6: Keni “El Lebrijano”; Dec. 11: Mad & Eddic Duran Jazz Duo; Dec. 13: Keni “El Lebrijano”; Dec. 15: Larry Stefl Jazz Quartet; Dec. 18: Panacea; Dec. 19: Whiskey Brothers; Dec. 20: Keni “El Lebrijano”; Dec. 27: Keni “El Lebrijano”; All shows start at 9 p.m., 1822 San Pablo Ave. 843-2473  

ACME Observatory Contemporary Performance Series Dec. 9: 8 p.m., The Toids; $0 - $20, TUVA Space, 3192 Adeline. 649-8744, http://sfsound.org/acme.html. 

Anna’s Dec. 4: Singers’ Open Mike #1; Dec. 5: Bob Schoen Jazz Quartet; Dec. 6: Graham Richards Jazz Quartet; Dec. 7: Anna and Ellen Hoffman on piano; 10 p.m., Bluesman Hideo Date; Dec. 8: Jazz Singer Robin Gregory, Bill Bell at the piano; 10 p.m., The Distones Jazz Sextet; Dec. 9: Choro Time; Dec. 10: Renegade Sidemen w/ Calvin Keyes; Dec. 11: Singers’ Open Mike #2; Dec. 12: Bob Schoen Jazz Quartet; Dec. 13: Rev. Rabia, The Blueswoman; Dec. 14: Anna and Mark Little on piano; 10 p.m., Bluesman Hideo Date; Dec. 15: Jazz Singers Vicki Burns and Felice York; 10 p.m., The Distones Jazz Sextet; Dec. 16: The Jazz Fourtet; Dec. 17: Renegade Sidemen w/ Calvin Keyes; Dec. 18: Tangria Jazz Trio; Dec. 19: Bob Schoen Jazz Quartet; Dec. 20: Jazz Singers’ Collective; Dec. 21: Anna and Percy Scott on piano; 10 p.m., Bluesman Hideo Date; Dec. 22: Jazz Singer Robin Gregory; 10 p.m., The Distones Jazz Sextet; Dec. 23: Jazz Singer Ed Reed; All music starts 8 p.m. unless noted. 1801 University Ave., 849-2662. 

Cal Performances Dec. 19: Berkeley Symphony, $21 - $45; Zellerbach Hall, UC Berkeley Campus, Bancroft Way at Telegraph, 642-0212 tickets@calperfs.berkeley.edu 

Eli’s Mile High Club Every Friday, 10 p.m. Funky Fridays Conscious Dance Party with KPFA DJs Splif Skankin and Funky Man. $10; 8 p.m. unless noted. 3629 Martin Luther King Jr. Way, Oakland. 655-6661 

Freight & Salvage Coffee House Dec. 5: Avalon Blues: Peter Case, Dave Alvin and Bill Morrissey; Dec. 6: Ray Bonneville; Dec. 7 & 8: Rebecca Riots; All shows begin 8 p.m., 1111 Addison St. Call 548-1761 for prices or see www.freightandsalvage.org.  

Jazzschool/La Note Dec. 9: 4:30 p.m., Rhiannon with Bowl Full of Sound, $6 - $12, reservations recommended. 2377 Shattuck Ave. 845-5373 www.jazzschool.com 

Jupiter Dec. 5: J Dogs; Dec. 6: Joshi Marshal Project; Dec. 7: AVI Bortnick Group; Dec. 8: Harvey Wainapel Quartet; Dec. 12: Mushroom; Dec. 13: Joshi Marshal Project; Dec. 14: Broun Fellini’s; Dec. 15: Norah Jones and Jim Campilongo; Dec. 19: Spectraphonic; Dec. 20: Joshi Marshal Project; Dec. 21: Crater; Dec. 22: Post Junk Trio; Dec. 27: Joshi Marshal Project; Dec. 29: Berkeley Jazz School Presents: Kirk Tamura Trio; All shows are free and begin at 8 p.m. unless noted. 2181 Shattuck Ave., 843-7625, www.jupiterbeer.com. 

La Peña Dec. 7: 8:30 p.m., John Calloway & Diaspora, $12; Dec. 8: 9:30 p.m., Dr. Loco’s Rocking Jalapeño Band, $10; Dec. 9: 3:30 p.m, Café Domingo de Rumba, Free; Dec. 9: 7:30 p.m., Trio Altamira Reunion Concert, $12-$14; Dec. 14: 8 p.m., Holly Near, $15-$17; Dec. 16: 5 p.m, Flamenca Community Juerga, Free; Dec. 16: 7 p.m, Modupue & UpSurge, $8; Dec. 23: 3:30 p.m, Café Domingo de Rumba, Free; La Peña, 3105 Shattuck Ave. 849-2568, www.lapena.org 

“Music on Telegraph” Dec. 8: Jonah Minton Quartet, Julie’s Healthy Cafe, 2562 Bancroft; Dec. 9: Hebro, Blakes, 2367 Telegraph Ave.; Dec. 15: Thelonious On The Move, Bison Brewing, 2598 Telegraph Ave.; Dec. 16: Howard Kadis, Musical Offering Cafe, 2430 Bancroft; Dec. 22: Kaz Sasaki Duo, Blackberry Ginger, 2520 Durant; Dec. 23: Almadecor, Ann’s Kitchen, 2498 Telegraph Ave.; All shows 2 - 4 p.m., Free. 

Rose Street House Dec. 14 & 15: 7:30 p.m., Benefit Concert and Birthday Party, Shelly Doty and grassroots community of women singers and song writers; Dec. 25: 3 p.m., Annual “Dykelah Escape-from-you-know-what-day Musical Extravaganza!”; 1839 Rose St. 594-4000 x687, rosestreetmusic@yahoo.com. 

“Guitar, Woodwinds, Drums” Dec. 8: 8 p.m., The Bill Horvitz Band, Ben Goldberg’s What Music. Tuva Space, 3192 Adeline St. 

Theater 

“Seventy Scenes of Halloween” Dec. 7: 8 p.m.; Dec. 8: 8 p.m., 10:30 p.m.; Dec. 9: 7 p.m.; BareStage Productions, UC Berkeley’s original student theater company, presents a macbre farce written by Jeffrey M. Jones and directed by Desdemona Chiang. $8. UC Berkeley, Choral Rehearsal Hall. 682-3880, barestage@ucchoral. berkeley.edu. 

“Brave Brood” Through Dec. 16: Robert O’Hara directs Robert O’Hara’s searing tale of money, desperation, and the fight for survival. $20. Transparent Theater, 1901 Ashby Ave. 883-0305 www.transparenttheater.org 

“Black Nativity” Dec. 7 through Dec. 16th: Fri. 8 p.m., Sat. 2:30 p.m., 8 p.m., Sun. 5:30 p.m. The birth of Jesus unfolds in this drama written by Langston Hughes. Directed and produced by Betty Gadling. $15 adults, $8 seniors and students, $5 children over 5. Allen Temple Baptist Church, 8501 International Blvd., Oakland 569-9418 www.allen-temple.org 

“Much Ado About Nothing” Through Jan. 8: Check theater for specific dates and times. Shakespeare’s classic romantic comedy chronicles a handful of soldiers returning from a winning battle to be greeted by a gaggle of giddy maidens. Directed by Brian Kulick. $10 - $54. Berkeley Repertory Theatre, 2025 Addison St. 647-2949 www.berkeleyrep.org 

“Murder Dressed in Satin” by Victor Lawhorn, ongoing. A mystery-comedy dinner show at The Madison about a murder at the home of Satin Moray, a club owner and self-proclaimed socialite with a scarlet past. Dinner is included in the price of the theater ticket. $47.50 Lake Merritt Hotel, 1800 Madison St., Oakland. 239-2252 www.acteva.com/go/havefun 

Films 

Pacific Film Archive Theater Dec. 6: 7 p.m., Bizarre, Bizarre; 8:50 p.m., The Green Man; Dec. 7: 7 p.m., Smiles of a Summer Night; 9:05 p.m., Cluny Brown; Bancroft Way, 642-1124 www.bampfa.berkeley.edu 

Exhibits 

“Furniture Art” Through Dec. 7: An exhibit of metal and wood furniture that revisits furniture not only as art but as craft. 12 p.m. - 6 p.m. The Current Gallery at the Crucible, 1036 Ashby Ave. 843-5511 www.thecrucible.org 

“Berkeley Creations,” Dec. 8 & Dec. 15: 11 a.m. - 4 p.m., A group exhibit. Artist-at-Play Studio and Gallery, 1649 Hopkins St., 528-0494. 

“The Paintings of Bethany Anne Ayers and Sculpture of Alexander Cheves” Through Dec. 15: Tues. - Sat. 11 a.m. - 5 p.m. Ardency Gallery, 709 roadway, Oakland. 836-0831 gallery709@aol.com 

“The Whole World’s Watching: Peace and Social Justice Movements of the 1960s and 1970s” Through Dec. 16: A documentary photo exhibition which examines the rich history of the social movements of the 1960s and 1970s. Wed. - Sun., noon - 5 p.m. Berkeley Art Center, 1275 Walnut St., Live Oak Park. Free. 644-6893 

“Matrix 195” Through Jan. 13: German artist, Thomas Scheibitz’s, first solo museum exhibition in the United States showcases semi-abstract representations of everyday objects and landscapes. Wed., Fri. - Sun. 11 a.m. - 5 p.m., Thur. 11 a.m. - 9 p.m. $3-$6. Berkeley Art Museum and Pacific Film Archive, 2626 Bancroft Way, 642-0808 www.bampfa.berkeley.edu 

GTU Exhibit: “Holocaust Series” by Cleve Gray Through Jan. 25: Comprised of 21 works on paper that constitute “a catharsis... for all of humanity.” Mon. - Thurs. 8:30 a.m. - 9:45 p.m., Fri. 8:30 a.m. - 6 p.m., Sat. 10 a.m. - 6 p.m., Sun. noon - 7 p.m.; Free. Flora Lamson Hewlett Library, Graduate Theological Union, 2400 Ridge Rd. 649-2541 www.gtu.edu 

“Enduring Wisdom: Artwork and Stories by Homeless and Formerly Homeless Seniors” Through Feb. 15: 18 homeless and formerly homeless elders reveal how they learned and applied wisdom that is timeless. Mon. - Fri. and Sundays 11 a.m. - 2 p.m. Reception and presentation by the elders Thurs. Nov. 15, 4 p.m. - 6 p.m. Free. St. Mary’s Center, 635 22nd St., Oakland, 893-4723 x222 

“The Art History Museum of Berkeley” Masterworks by Guy Colwell Faithful copies of several artists from the pasts, including Titian’s “The Venus of Urbino,” Cezanne’s “Still Life,” Picasso’s “Woman at a Mirror,” and Botticelli’s “Primavera” Ongoing. Call ahead for hours. Atelier 9 2028 Ninth St. 841-4210 or visit www.atelier9.com 

Readings 

Coffee With A Beat - Word Beat reading series: Dec. 8: Jeanne Powell, Kelly Kraatz; Dec. 15: Norm Milstein, Barbara Minton; Dec. 22: Debra Grace Khattab, Jesy Goldhammer; Dec. 29: Steve Arntson, Michelle Erickson, Clare Lewis; All readings are free and begin at 7 p.m., 458 Perkins, Oakland, 526-5985, www.angelfire.com/poetry/wordbeat. 

The Humanist Fellowship Hall Dec. 5: 7 p.m., “Our Wings Are Pregnant Seesaws” a play by H. D. Moe. A reading performance by the theatre workshop. 390 27th St., Oakland, 528-8713 

“Rhythm & Muse Open Mic” Dec. 15: 7 p.m., Featuring poets Lara Dale and Mary-Marcia Casoly. Berkeley Art Center, 1275 Walnut St. 527-9753 

Tours 

Lawrence Berkeley National Laboratory Fridays 9:30 - 11:45 a.m. or by appointment. Call ahead to make reservations. Free. University of California, Berkeley. 486-4387 

Golden Gate Live Steamers Grizzly Peak Boulevard and Lomas Cantadas Drive at the south end of Tilden Regional Park Small locomotives, meticulously scaled to size. Trains run Sun., 9 a.m. to 4 p.m. Rides: Sun., noon to 3 p.m., weather permitting. 486-0623  

Museums 

Habitot Children’s Museum “Back to the Farm” An interactive exhibit gives children the chance to wiggle through tunnels, look into a mirrored fish pond, don farm animal costumes, ride on a John Deere tractor and more. “Recycling Center” Lets the kids crank the conveyor belt to sort cans, plastic bottles and newspaper bundles into dumpster bins; $4 adults; $6 children age 7 and under; $3 for each additional child age 7 and under. Mon. and Wed., 9:30 a.m. to 1 p.m.; Tues. and Fri., 9:30 a.m. to 5 p.m.; Thur., 9:30 a.m. to 7 p.m.; Sat., 10 a.m. to 5 p.m.; Sun., 11 a.m. to 5 p.m. 2065 Kittredge St. 647-1111 or www.habitot.org  

Oakland Museum of California Dec. 8 & 9: 32nd Annual Bay Area Fungus Fair, the world of the mushroom will be explored in exhibits, lectures, slide shows, cooking demos, etc.. Through Jan. 13: Grand Lyricist: The Art of Elmer Bischoff, featuring paintings and works on paper that trace the evolution of Bischoff’s career. $6 adults, $4 seniors and students, free for children under 5. Wed. - Sat. 10 a.m. - 5 p.m., Sun. noon - 5 p.m., 10th St., Oakland, 888-625-6873/ www.museumca.org 

UC Berkeley Museum of Paleontology Lobby, Valley Life Sciences Building, UC Berkeley “Tyrannosaurus Rex,” ongoing. A 20 foot by 40 foot replica of the fearsome dinosaur made from casts of bones of the most complete T. Rex skeleton yet excavated. When unearthed in Montana, the bones were all lying in place with only a small piece of the tailbone missing. “Pteranodon” A suspended skeleton of a flying reptile with a wingspan of 22-23 feet. The Pteranodon lived at the same time as the dinosaurs. Free. Mon. through Fri., 8 a.m. to 5 p.m.; Sat. and Sun., 1 p.m. to 5 p.m. 642-1821 

UC Berkeley Phoebe Hearst Museum of Anthropology will close its exhibition galleries for renovation. It will reopen in early 2002.  

University of California Berkeley Art Museum Pacific Film Archive has reopened after its summerlong seismic retrofit. “Martin Puryear: Sculpture of the 1990s” through Jan. 13; “The Dream of the Audience: Theresa Hak Kyung Cha (1951 - 1982)” through Dec. 16; “Face of Buddha: Sculpture from India, China, Japan, and Southeast Asia” ongoing rotation through 2003; “Matrix 194: Jessica Bronson, Heaps, layers, and curls” Sept. 16 through Nov. 11; “Matrix 192: Ceal Floyer 37’4”” Sept. 16 through Nov. 11; Wed., Fri., Sat., Sun. 11 a.m. - 5 p.m., Thur. 11 a.m. - 9 p.m., PFA Theater, 2575 Bancroft Way; Museum Galleries 2626 Bancroft Way; 642-0808 www.bampfa.berkeley.edu 

Lawrence Hall of Science Through Jan. 26: Scream Machines: The Science of Roller Coasters; “Within the Human Brain,” ongoing. Visitors test their cranial nerves, play skeeball, master mazes, match musical tones and construct stories inside a simulated “rat cage” of learning experiments. “Saturday Night Stargazing,” First and third Saturdays each month. 8 - 10 p.m., LHS plaza. Saturdays 12:30 - 3:30 p.m. $7 for adults; $5 for children 5-18; $3 for children 3-4. 642-5132 

Holt Planetarium Programs are recommended for age 8 and up; children under age 6 will not be admitted. $2 in addition to regular museum admission. “Constellations Tonight” Ongoing. Using a simple star map, learn to identify the most prominent constellations for the season in the planetarium sky. Daily, 3:30 p.m. $7 general; $5 seniors, students, disabled, and youths age 7 to 18; $3 children age 3 to 5 ; free children age 2 and younger. Daily 10 a.m. to 5 p.m. Centennial Drive, UC Berkeley 642-5132 or www.lhs.berkeley.edu  

Send arts events two weeks in advance to Calendar@berkeleydailyplanet.net, 2076 University, Berkeley 94704 or fax to 841-5694.

It’s the underwear, stupid! 

That’s how you gauge the health of a city’s economy. 

And Berkeley’s not doing so well, if you ask Mayor Shirley Dean. 

In fact, as she told some 60 Chamber of Commerce folk at a $30-a-pop lunch at the Radisson Thursday: “When you want to buy underwear, you have to drive to Walnut Creek.” 

“I don’t want Berkeley to become another Walnut Creek,” moaned the diminutive mayor peeking out from behind her bully pulpit. 

Walnut Creek, like Emeryville, Oakland and El Cerrito are not beautiful, she said. Berkeley is. Or would be without those ugly weeds in the overgrown median strip running down University Avenue. People would shop in Berkeley if it was beautiful – and if there were the things here that people needed – like underwear, for starters. 

And why does the city lack undies for sale? 

The answer’s transparent.  

It’s the renown ANTI-business climate, promoted by the council majority – Spring, Worthington, Shirek, Breland, Maio, all part of the mayor’s foe faction generally called “progressive” (which the Hearst Chronicle has more recently taken to calling “leftist.”) 

Dean reminded the crowd – which had one eye on her and one on a tantalizing sundae-looking cholesterol-packed dessert – about when Eddie Bauer’s was under construction and city planners were out daily, tape measures in hand, making sure the remodel didn’t push its boundaries beyond what the codes allowed.  

“This battle is what it’s like to bring new businesses to the city,” she said. “We need to remember history so we don’t forget it.” 

The mayor’s example of planning department overzealousness exemplifies the foundation of a Bad Business Climate in Berkeley. 

Another anti-business measure Dean cited is the likelihood that the council majority will vote to keep new office space out of West Berkeley in favor of saving the space for manufacturing, light industry and artisans. 

Still another example is the fight against the addition of parking downtown. And the mayor says she can’t find one group in the city to support her call for underground parking at civic center – Chamber Prez Reid Edwards says his group is yet to take a position on it. 

“Berkeley seems on the brink of sending a message, ‘Don’t come here,’” Dean said. 

And why’s the mayor so bent on drumming up local business? It’s the senseless way our cities are supported. Our legislative fathers and mothers in Sacramento (and the “wisdom” of Prop. 13 voters) have made the local sales-tax base a critical element in fueling city economies. The more Berkeley’s business thrives, the more money flows to city coffers.  

In Berkeley, sales tax makes up about 14 percent of the city’s general fund, which pays police, firefighters, parks, much of public works and more. 

So if you have to drive to Walnut Creek to buy your socks, you’re depriving the city of services. And if someone from Walnut Creek buys his boxers in Berkeley, he’s supporting our city’s economy as well.  

Which is, of course, why some folks might ask why the Berkeley Chamber held a “mixer” in Richmond last week…. 

(Edwards explains that people outside the city belong to the Berkeley Chamber - such as businesses that do business with Berkeley business...) 

Still, not everyone has a problem finding undies this side of the Caldecott. One public official I chatted with (admittedly in my COSTCO-bought briefs) in the locker room at the Y on Sunday said she can sometimes find underwear at Ross Dress for Less. But you can’t count on it, she said, unless you don’t mind tiny orange pumpkins on your underpants, and pink socks. She finds shorts for her husband at the above-mentioned Eddie Bauer, while Chamber Prez Reid Edwards gets his at Ross’ as does Toxics Division Manager Nabil Al-Hadithy and Dave Fogarty, who works in economic development. Dave’s boss, Bill Lambert, who lives in Oakland, however, gets his underwear near where he lives – at Sears or Long’s, he says. 

And Mayoral Nemesis Kriss Worthington – also at the chamber event – (he complains they actually made him stand just outside the door since he just wanted to hear the speech and hadn’t paid for lunch) – swears people can find reasonably-priced underwear at Bancroft Clothing Company on Bancroft Way and some fancier men’s boxer’s at Bill’s Men’s Shop on Telegraph. 

“Yes, there might be some people who go to Walnut Creek (to buy underwear),” Worthington said. But it’s a myth “to say you can’t buy here and that you have to go far away.” 

Worthington called Dean’s focus “suburban mall envy,” and pointed to Blockbuster Video and Barnes & Noble as businesses that don’t deserve city support. They came in and built one-story businesses, rather than building up and providing housing, he said. 

The former interim executive director of the Telegraph Avenue Area Association, Worthington says that he’s asked the chamber president for equal time for the council progressives to address the body – but not at a lunchtime meeting. Edwards said he’s open to it. 

The real question to ask, when Worthington and his buddies come before the chamber to talk economics, is not whether more parking should be built or whether parking meters should be abolished – the key will be whether, underneath it all, Worthington will be sporting Berkeley bought briefs. 

Stay tuned to this space… 

Tuesday, Dec. 4 

• 4 p.m. 

Institute of Industrial Relations 

2521 Channing Way 

Support Immigrant Rights in the Wake of Sept. 11 

The tragedy of Sept. 11 changed the lives of millions, but none more so than the community of undocumented workers and other immigrants. Before Sept. 11, this nation, from grassroots activists to DC politicians, was involved in a far-reaching debate on legalization of undocumented workers. The call for a general amnesty for 10 million workers extended from the halls of congress to President Vicente Fox of Mexico. There was hope for an amnesty program that would change the lives of millions of the hardest working but poorest residents of the US. Now racism threatens the progress made. The new USA Patriot anti-terrorism bill is now law and puts all immigrants at risk for arbitrary arrest, detention, and deportation. 

Micah Clatterbough 

841-0690, enigmicah@ altavista.com 

Wednesday, Dec. 5 

• 12:15 p.m. at the Reflecting Pond (near Memorial Glade) on the UC Berkeley campus. All members of any (or no) religious tradition are welcome to join with other people of faith and good will in praying for lasting peace. It is expected that the service will take about 15 minutes. Each service will reflect the religious tradition of the group sponsoring it that month. December's prayers will be prepared by the Unitarian/Universalist group on campus.  

For more information, call the Rev. Gary Brower at 510-845-5838.  

Friday, Dec. 7 

• 7 p.m. 

Peace through peaceful means: althernatives to the spiral of violence 

Video and talk by Dr. Johan Galtung, of the International Peace Reasearch Institute, Oslo, Norway. Discussion follows, led by Vietnam war resister Leonard McNeil. $5 - $10 sliding scale. Call 841-4824. 

Gerta Farber of Oakland (11/29) muses how easily Osama bin Laden could sneak anywhere under a burka. Maybe that's why everyone's keeping an eye out for a 6-foot 5-inch Pashtun woman...... 

Janet Foldvary 

Berkeley 

The holidays are rapidly approaching and Harry Potter toys are disappearing like magic. But all hope is not lost. Stevanne Auerbach, PhD., better known as “Dr. Toy,” can recommend 100 safe, creative and educational alternatives. 

Auerbach, a Berkeley-based, nationally recognized expert on the power of play, posts a comprehensive list of toys in eight categories – from “audio/visual,” to “creative,” to “socially-responsible” – on her web site, www.drtoy.com. 

Several of the toys she is recommending this year are made by local manufacturers. Woodkins, a series of simple, wooden, dress-up dolls are made by Pamela Drake, Inc. of Berkeley. 

“My First Puppets” soft book, produced by Folkmanis of Emeryville, is a “first book” for toddlers, which includes hand puppets for adults and finger puppets for toddlers on its pages – allowing for parent-child play. 

“Imagination Desk,” for 3- to 7- year-olds, is a small desk made by LeapFrog of Emeryville. It is an interactive toy, which, among other things, includes letters of the alphabet and sounds them out when pressed by children. 

Auerbach says this feature is useful because parents and teachers often do not have the time, or patience, to repeatedly sound out every letter of the alphabet for their children. 

This nugget of advice is just one among many that Auerbach has picked up during a lifetime of study, which began with a degree in education and psychology at Queen’s College in New York City in 1960, included a stint at the U.S. Department of Education in the Johnson and Nixon administrations, and continues today at the Institute for Childhood Resources, a Berkeley non–profit founded by Auerbach in 1975 that maintains the Dr. Toy web site and provides workshops on toys and play for local institutions. 

Auerbach, who received her doctorate in child development and child psychology at Union Institute, the graduate division of Antioch College in Ohio, says that play is vital to a young person’s development. 

“The best learning happens when a child is at play,” she said. “When we force a child to sit still and we stuff her with information, she is not learning very much.” 

Auerbach emphasized that children often engage in the most creative, productive play when they make use of simple toys that allow for the broad use of imagination. 

For instance, a child can turn a simple box into a playroom, she said, filling it with homemade furniture and decorations, and forming doors and windows on the walls. Likewise, a can of Play–Doh can turn into bread or cake during housekeeping play. 

Auerbach said that parents should try to integrate toys, and play in general, into a child’s larger education about the world. If a kid forms a loaf of bread with play dough one day, she said, a parent would do well to take the child to the grocery store and teach that youngster about the price and uses of flour and yeast. 

Dorothy Hewes, Professor Emeritus of Child and Family Development at San Diego State said that Auerbach has made important contributions to the study of play, and has provided a valuable public service by highlighting simple educational toys that do not cost too much money. 

“I think parents and children are being horribly exploited by commercialism,” said Hewes. “Dr. Toy is able to cut through that and see the true value of new toys for children.” 

But Auerbach says that toys are not just for children. She urges adults to use play in their own lives. 

“As we get older, we should not forget how important toys are,” she said. Use a jump rope or a hula hoop to relieve stress, she tells adults. “Even hugging a teddy bear when you’re lonely can be helpful,” she said.  

The Daily Planet received a copy of the following letter written to the mayor and council: 

I’m writing in support of Policy T-35 and exploration of the many alternatives to creating more parking in Berkeley’s congested areas. I have lived here a long time and the evidence that inviting more cars in makes for any improvement in the quality of this town’s public life is exactly zero. 

We already have more traffic much of the time than our streets can safely handle, a problem which compounds itself as people are afraid to bike or let their kids bike or walk. Is the example of downtown San Francisco our rationale for trying to shoehorn more cars onto our streets? 

If we build more garages, increased traffic could even force those of us who bike or walk in Berkeley back into our cars as the streets become more dangerous. And since most shoppers have to be pedestrians for at least a block or two, the craziness of our crosswalks will come back to bite us when people notice that the city’s charm has gotten the worst of it in a collision with a few thousand automobiles.  

If the game is “How Emeryville can you be?” we’ll lose. Emeryville will get our business, and our soul will have wandered off to some quiet neighborhood with a cute café and two or three funky specialty shops, the next Fourth Street waiting to be discovered. 

Please, let’s just try to keep Berkeley clean and inviting, with traffic laws enforced so humans are safe here, and public transit and bikes given priority. 

And to get more shoppers downtown, let’s do all we can to provide and/or facilitate car-free ways for them to get there. 

Ann Sieck 

Berkeley  

You’ve read up on how solar panels work, and now you’re considering installing them on your building to reduce your monthly electrical bill, or perhaps to have power during an emergency. But what do you do first? 

Without a doubt, conservation and efficiency is the very first step in calculating your energy use for sizing a solar system. Without doing this step first, you will be paying for a system that is much larger than your actual needs. Conservation measures can save you thousands of dollars on an oversized solar electric system. 

Since solar systems only work when the sun is out, and are still rather expensive for the average homeowner to have installed, it makes sense to stop wasting energy first, and reduce the amount of energy you use. Compact fluorescent bulbs, EnergyStar appliances (especially refrigerators), using daylight instead of electric light, turning off lights and appliances when not in use, and using power strips with “kill” switches to turn off appliances completely will all help reduce your energy consumption. If you haven’t done these things yet, you are wasting energy and more money than any solar system could ever save you. 

Once your energy bill has been reduced through conservation measures, you are nearly ready for a solar electric installation. There are still several things left to do: 1) make certain that your rooftop or installation location has sufficient access to sunlight at all times of the year; 2) calculate the size of the system that you require; 3) contact your local utility to begin the paperwork for a Net Metering agreement, and submit an application for a rebate (more about that at the end of this column); 4) contact a licensed solar installer or qualified electrician and get at least three quotes; 5) secure electrical and other related permits. 

How do you calculate the size of your system? Begin by collecting the past year’s worth of your electric bills. Each bill indicates the number of kilowatt hours (kWh) used per month, and per day. A watt is an instantaneous measurement of electrical power, and must be measured over time to gauge usage; generally we use hours to measure use. Measured over time, 1,000 watts per hour is a kilowatt hour. An average household might use 240 kilowatt hours (kWh) in a month, with an average of 8 kWh a day.  

A 100-watt panel will generate 100 watts of electricity per hour in full sunlight. Berkeley is calculated to have an average of 5.5 hours of usable sunlight per day on average throughout the year (about 10 hours in summer, less than three in winter). A single 100-watt panel will generate 550 watts of power in a 5.5 hour period of peak sunlight (Berkeley’s yearly average). If the home uses 8 kilowatt hours of energy per day, it will take 14 or 15 panels to supply enough power on average year round: more than enough to generate excess power in the summer to retrieve for later use in winter under a Net Metering agreement. Calculate: 14 panels multiplied times 100 watts, multiplied times 5.5 hours equals 7,700 watts per hour, or 7.7 kilowatt hours.  

Here is where energy conservation will pay off. Panels cost from $300 to $700 each depending on efficiency and watts, so the fewer panels you need, the less expensive your entire system will be. You will still need an inverter and controller. Batteries are optional, since they are only needed for back-up power during the rare times that your utility power is unavailable. 

What do you do if you need more panels than you have room for? If your roof will not accommodate the 15 or 20 panels your building needs, or your site is shaded by adjacent buildings or trees, you may not be able to “zero out” at the end of a year under your Net Metering agreement. You should consider installing only those panels that will receive the maximum amount of sunlight year round; or, you may want to invest in a tracking system so that your panels receive the maximum amount of sunlight daily. If the extra costs make your payback period more than the expected life of your panels, or the extra weight means that you have to invest in reinforcing your roof, a tracking system may not be your best option. 

One other type of solar panel is available for limited applications. These are called “plug-in” panels, and have built-in inverters and controllers. They do not require licensed installers, although you will still need to have a Net Metering agreement with your utility. The advantage of these panels is that they do not require lots of complicated equipment, and can save much of the cost of installation. The disadvantage is the cost of the panels: for a 150-watt system, about $3,000, which generates less than a single kilowatt hour per day on average. 

Plug-in panels can be used with batteries, and can provide limited power in the event of a power loss, but in general their cost is too great for most homeowner applications. They are great for RV’s and boats, or for renters who would want to take the panel with them when they move.  

Once you have calculated roughly the amount of watts and number of panels you will need, verified that you have enough suitable (south-facing and unshaded) roof space, and have contacted your utility for a Net Metering agreement, you should contact three licensed, experienced installers to give you an estimate of cost for parts and labor. A qualified contractor can design the most efficient system for you. 

Rebates are available from the California Energy Commission. As of this writing, rebates are $4.50 per watt for all sizes of systems or 50 percent of the cost of equipment and installation by a licensed contractor, whichever is less, up to a maximum of $50,000. The amount of the rebate will depend on the costs of the inverter and controller equipment. To reserve your rebate, you must first fill out and send in the application forms. The system must be installed within nine months or receipt of the application. Contact the CEC at 1-800-555-7794, or go to www.consumerenergycenter.org/buydown/program.html for complete details.  

The California Energy Commission also provides a free online guide to solar energy at www.energy.ca.gov/reports/2001-09-04_500-01-020.PDF. This is a basic guide to PV system design and installation, and provides detailed information on equipment wiring, voltage drop calculations and much more. Installing PV systems is complicated and should only be done by a qualified, licensed installer. Other rebate information can be obtained at www.consumerenergycenter.org. 

After your system has been designed and drawn up, you are ready to apply for permits from the city’s Permit Service Center. For information on permitting processes, contact the Permit Service Center, 2120 Milvia Street, Berkeley.  

For other information on solar systems, net metering, and energy conservation, contact Berkeley’s Energy Office website at www.ci.berkeley.ca.us/ENERGY, or 981-5435.  

Editor: 

Friends of Strawberry Creek is a community group founded about a year ago to protect and restore Strawberry Creek throughout its watershed. We are among more than 100 community groups that have voted to endorse the Ecocity Amendment to Berkeley’s General Plan, which may be finalized in coming weeks. In addition to promoting the health of the creek and improving water quality, an important part of the Friends of Strawberry Creek mission is to promote the daylighting of Strawberry Creek downtown and elsewhere along its route from the Strawberry Canyon to the San Francisco Bay. 

We think the Ecocity Amendment and related Heart of the City project would help to jump-start the process of opening up Strawberry Creek downtown, a proposal that has been kicking around for years. Ecocity policy No. 3 specifically incorporates natural elements such as Strawberry Creek into downtown redevelopment. 

As a Berkeley resident and creekside property owner, and speaking for myself and not Friends of Strawberry Creek, I think the Ecocity Amendment would help to create the kind of city that I want to live in. I want a pedestrian-friendly city with higher-density housing downtown and in designated centers, and ecologically designed projects. 

Some residents and business owners have cited parking downtown as a reason for not building more intensively downtown. I have lived in Berkeley for five years without a car. Personally, I’m not opposed to additional parking downtown, but I would like to see replacement parking only. The main transportation problem in Berkeley is that we don’t have enough housing for all the people who work here, so there are more cars on the street as people drive in from outside the city.  

The Ecocity Amendment would help to rectify this situation by codifying the city’s support for additional housing near public transportation. Indeed, the Gaia Building, one-half block from BART, has not even filled the parking spots it was required to provide. Living in Berkeley without a car has not been a problem for me, but conditions can certainly be much improved for car-free residents. The Ecocity Amendment, which encourages an exciting, pedestrian friendly urban environment, deserves strong support and adoption by the city council into the General Plan. 

Janet Byron 

Founder, Friends of  

Strawberry Creek 

Berkeley 

Police in Berkeley say that a domestic disturbance led to the arrest of two people on suspicion of assault in what is being considered a minor standoff situation. 

Police Lt. Cynthia Harris said that officers responded to the 2300 block of Ninth Street at about 5:30 a.m. Monday to investigate reports of an argument between a man and a woman.  

When officers arrived the man barricaded himself inside the house, Harris said. 

A neighbor told police that the suspect had several firearms inside the house, but the suspect did not threaten to shoot anyone, Harris said. 

The 52-year-old suspect surrendered to police at about 6:45 without incident. He and the woman, who is 48, were taken into custody and booked on assault charges, Harris said.

Editor: 

Without a doubt we all would like to return to the days of a smaller student population. Realistically, the fact is that the city, as well as the university, needs to start planning now for the coming increase in students. 

This increase will also require additional faculty and staff. 

Appropriately designed and sited housing and commercial development can enhance the downtown and, in so doing, can complement and make possible the restoration of the creeks and greenways connecting the hills, campus and downtown to the Eastshore State Park. 

With permitted and encouraged creative planning, the coming increase in population will benefit Berkeley's revitalized downtown and at the same time the city can become an urban, environmental model. 

I enthusiastically endorse this Amendment and urge the Council to vote its adoption. 

Sylvia McLaughlin 

Berkeley 

MENLO PARK — Ten years ago, a Stanford University physicist created the first U.S. Web site — three lines of text, with one link to e-mail and another link to a huge scientific database. 

Paul Kunz’s basic Web site, which first appeared Dec. 12, 1991, was the first U.S. site on the World Wide Web, which was then just a year old. 

In celebration, a two-day symposium at the Stanford Linear Accelerator Center titled “The Once and Future Web” is bringing together some of those involved in creating the Web to discuss its future. The symposium began Monday. 

Kunz decided to build his site after visiting the European Laboratory for Particle Physics in Geneva and meeting with British programmer Tim Berners-Lee. Berners-Lee and his colleagues had set up the first Web server and created a site. 

“I don’t think, 10 years ago, anyone foresaw it would grow this fast,” Kunz said. “There’s a whole generation of people growing up who think the Web’s always existed. 

The Web has developed considerably, with graphics, motion and sound, and even an industry that has built up around it. 

The anniversary comes after a collapse in that industry, but Mark Pesce, the author of “The Playful World: How Technology is Transforming our Imagination,” still sees the Web as an integrated part of people’s lives with access becoming available on even more appliances. 

“It’s that kind of world we’re evolving into,” he told the San Francisco Chronicle. “It’s not just sitting at a computer.” 

SAN JOSE — Bankrupt Excite@Home reached a tentative deal to keep its fast Internet service up and running for many of its subscribers but not those with AT&T Broadband, which scrambled Monday to restore access for 520,000 accounts. 

Excite@Home and some cable companies signed a nonbinding letter Sunday that ensured a service extension, at least temporarily. Talks on a definitive agreement continued Monday. 

Those negotiations had begun even before Friday, when a federal bankruptcy judge let Excite@Home cancel “clearly burdensome” contracts with cable companies. ExciteAtHome said the deals were costing the company up to $6 million per week. 

Excite@Home, whose Internet access service had 3.7 million subscribers in North America, severed connections for more than 850,000 AT&T Broadband customers Saturday after the two companies failed to reached agreement. 

By Monday, AT&T said it had moved about 330,000 of those subscribers, mainly in Oregon, Washington and the Dallas area, to its own network and restored their Internet access. 

Next in line were more than 300,000 customers in Illinois and the San Francisco Bay area. 

After losing her Web access Saturday, Rita Cherry, 76, of Livermore, awoke Monday to see the telltale green lights had returned to her cable modem. Her first check of the Internet featured a welcome message from AT&T about its new network. 

“I felt something was going to happen pretty quick because otherwise, too many people are going to lose money,” said Cherry, who finds her high-speed Web access essential to her work as a tax preparer. 

Steve Lindemann, 45, of Redmond, Wash., was switched to the new network Sunday and noticed no difference in its performance. 

However, he and his wife, Allyn, noticed that e-mails sent to their old “@Home” address were not being forwarded to their new AT&T-supplied e-mail account. 

Customers in Denver and Salt Lake City were due to be plugged into AT&T’s new network Wednesday; people in Hartford, Conn., Pittsburgh, Sacramento and Rocky Mountain cities on Thursday; Michigan on Friday. 

AT&T asked customers to remain patient, saying its employees were “working literally around the clock.” Once service is restored, AT&T said, customers will get two free days of Internet access for every day they were down. 

Service to other cable companies that sell Internet access through Excite@Home’s network were not cut off. 

One of the largest, Cox Communications Inc., was part of the group that reached a tentative deal Sunday with Excite@Home. That arrangement is considered a stopgap measure until Cox can begin moving its 550,000 Excite@Home subscribers to its own high-speed network this month, spokeswoman Laura Oberhelman said Monday. 

Similarly, St. Louis-based Charter Communications Inc. had been using Excite@Home to provide cable Internet access to 145,000 subscribers, but in hopes of assuring stability in the service, it is moving 90 percent of them onto a Charter-run network. 

The remaining 14,000 Charter customers on the Excite@Home service are in the Pacific Northwest. Charter was not part of the group that struck Sunday’s deal, but was continuing to negotiate with Excite@Home, Charter spokeswoman Deb Seidel said. 

Excite@Home spokeswoman Estela Mendoza declined to comment Monday. 

The Redwood City-based company has sought to exact higher payments from cable companies to connect to its network. Excite@Home and its bondholders hope to prove the network is worth substantially more than the $307 million AT&T has offered for it. 

AT&T, which owns 23 percent of Excite@Home, surrendered its majority representation on the company’s board in October, hoping to avoid criticism it had engineered the company’s bankruptcy so it could buy the cable access network at a steep discount. 

The latest developments appeared to make it unlikely that AT&T would maintain its bid for the network. An AT&T Broadband spokeswoman declined to comment. 

——— 

On The Net: 

http://www.home.net 

http://www.attbroadband.com 

http://www.cox.com 

http://www.charter.com 

RODEO — Children living in a public housing project near a refinery in this Bay Area community suffer from a high rate of asthma and allergies, and an environmental group says the plant may be to blame. 

At least one child has asthma or allergies in half the families in the Bayo Vista housing project south of the Phillips 66 refinery, according to a survey released Monday by Communities for a Better Environment, a pollution watchdog group. 

“The numbers people are reporting should raise questions and prompt further investigation,” said Rachel Morello Frosch, a San Francisco State public health researcher who helped design the survey. “It indicates valid community concern about the health effects of refinery emissions and air pollution in Bayo Vista.” 

The watchdog group found 62 percent of the families surveyed connected their children’s health problems to community environmental conditions. Forty percent had a child taking asthma medication. 

Bayo Vista project residents ages 12 to 17 went door-to-door to conduct the survey last year. They were members of a Communities for a Better Environment youth group. 

Nearly 80 of the 242 households in Bayo Vista answered the survey. 

Many factors can trigger asthma, including dust, mold and air pollution. Children living in low-income areas typically experience a higher rate of asthma cases, health officials said. 

“Asthma can’t be blamed on one source,” said Phillips 66 spokeswoman Mary Jen Beach, noting that the survey does not prove the refinery caused asthma, allergies or rashes. “It could be the combination of several things.”

SAN FRANCISCO — MedImmune Inc. said Monday it will pay more than $1 billion in stock to acquire Aviron, the maker of a promising nasal-spray flu vaccine now awaiting government approval. 

If consummated, the deal would be one of the largest such biotechnology deals yet. 

“I expect to see more deals of similar size,” said Bill Tanner, an analyst with S.G. Cowen Securities Inc., adding that larger biotech companies such as Gaithersburg, Md.-based MedImmune need to quickly add new products to continue to grow. 

Buying smaller rivals with products on the market or close to federal approval is the quickest way to add revenues, Tanner said. 

Mountain View-based Aviron has developed FluMist, a vaccine that is sprayed into the nose instead of injected by needle, the current vaccination method. Aviron hopes the Food and Drug Administration will approve FluMist next year in time for flu season. 

Many doctors say the pain-free method would encourage more people to get vaccinated for the flu, a virus that still kills 20,000 Americans each year and hospitalizes 100,000. 

Aviron had hoped to be selling the vaccine by now, but an FDA committee said in July it was concerned that FluMist uses live influenza virus and could pose a risk to children. The committee asked for more data, which will be provided by the end of the year, MedImmune CEO David Mott said Monday in a conference call. 

The FDA committee did say the vaccine is effective and eventually could be made safe for Americans to use, prompting expectations of approval. 

Once approved, Mott said he expects the vaccination to generate $1 billion in annual sales. Mott predicts FluMist will push MedImmune’s revenues to $2.1 billion in 2006. The company earned $326 million in the first nine months of 2001, mostly on sales of Synagis, which is used to prevent respiratory infections in infants. 

The deal calls for MedImmune to exchange 1.075 of its shares for each Aviron share. Based on MedImmune’s stock closing price of $44.10 on Friday, the acquisition values Aviron at $47.41 a share, or about $1.5 billion. 

In afternoon trading Monday, MedImmune’s stock fell $5.40 to $38.70 while shares of Aviron traded up $4.10 at $41.15. 

Nonetheless, analysts remained bullish on the deal’s long-term prospects. 

“For MedImmune, it gets them a late-stage product with great sales potential, and for Aviron it gives them a strong partner working in the same area,” said Dennis R. Harp of Deutsche Banc Alex. Brown. 

Government regulators must approve the acquisition, and the deal is expected to close in the first quarter of 2002. 

——— 

On the Net: 

http://www.aviron.com 

http://www.medimmune.com 

http://www.fda.gov 

OAKLAND — Oakland police have arrested the estranged husband of a San Jose Mercury News photographer found dead on Nov. 25. 

Raymond Houston, 38, turned himself in Monday, police department spokesman George Phillips said. 

Luci S. Houston was found shot to death in the back seat of her company car near a cemetery, about a mile from her home. Her body was covered with a tarp. 

Phillips said police had enough evidence to connect Raymond Houston with the killing. According to police, Luci Houston died of multiple gunshot wounds. 

Phillips said Raymond Houston showed up at the police station with his lawyer about a week ago, but refused to give a statement. The couple was planning to divorce, Phillips said. 

Family members and friends had not seen or heard from Luci Houston since Nov. 20. 

The Washington, D.C., native worked as a staff photographer at the Mercury News since 1993, and had previously been a staff photographer for The Plain Dealer in Cleveland. 

SAN JOSE – For years, anonymous e-mail has been a choice tool for whistle-blowers, human rights activists and undercover sources looking to protect themselves while imparting vital information. 

Anonymous online communication could just as easily be used by terrorists to plot attacks or send threats. 

Yet little has changed since Sept. 11 for users and operators of Internet-based anonymous e-mail servers, which launder messages by deleting identifying information, rendering them virtually untraceable. 

Now there are indications the servers have increased in number. 

While no evidence has been released linking such services to any criminal or terrorist conspiracy, experts fear governments could crack down on anonymous remailers — or at least subject them to greater scrutiny. 

Law enforcement generally despises technology that leaves such cold trails, said Mark Rasch, former head of the Department of Justice’s computer crimes unit and current vice president of cyberlaw at Predictive Systems. 

So far, U.S. and European authorities battling terrorism and cybercrime have apparently focused their surveillance elsewhere. The FBI declined to comment on what strategy, if any, it has for dealing with remailers. 

“There’s a lot more concern about border security and banking records,” said Mike Godwin, a policy fellow at the Center for Democracy and Technology. 

That’s just fine with the people who operate remailers. They don’t do it for money, but rather share a common ideal of protecting online privacy. 

Len Sassaman, an e-mail security consultant who runs a remailer as a hobby, thinks any attempts to crack down would lead to more cropping up around the world. 

In fact, the number of remailers overall doubled to about 50 after the passage of security laws as media reports raised awareness of threats to privacy, he said. 

“More people are interested in taking steps to protect that,” said Sassaman, who once had his e-mail published online after someone hacked into his Internet service provider. 

Some degree of e-mail anonymity can be achieved using a Microsoft Hotmail or Yahoo Mail account with a pseudonym. Encryption hides a message’s contents but not it’s origin or destination. 

That’s why people seeking nearly airtight anonymity like to send encrypted messages via remailers. 

Anonymous remailers today tend to work in teams, with a single message automatically passing through several. That reflects lessons learned in the case of Julf Hensingius. 

In 1993, the Finn developed an anonymous e-mail system that stripped off the identification of an e-mail’s sender before forwarding it to the addressee. 

Anon.penet.fi was especially popular among devotees of Usenet newsgroups, text-based bulletin boards that preceded the World Wide Web. 

A major flaw was revealed in 1995, however, when the Church of Scientology learned of a user who used Anon.penet.fi to post internal church documents — and contacted police. 

Because the single remailer relied on a database to match the sender’s Internet address with the message, the courts simply ordered Hensingius to reveal the identity of the sender. He shut down the service in 1996. 

“That prompted a bunch of programmers to rethink how they wanted to do remailers,” said Sassaman. 

Now, messages are bounced from machine to machine. In order to find the original sender, authorities would have to work through an entire chain of remailers, many likely located in different countries. 

But the development did not stop there. 

Programmer Lance Cottrell created the Mixmaster system to further confuse the trail by programming random delays from machine to machine. That makes it impossible to watch the system in order to identify a sender by monitoring when messages arrive and leave. 

Moreover, messages are encrypted multiple times, each wrapped inside the other like a matryoshka, or nested Russian doll. The whole message is then broken into packets of equal size. Logs are not kept. 

It leaves virtually no trail to follow for authorities. 

“Normally, they’re going to subpoena the last remailer in the chain. That’s the only one they can see,” said Cottrell, now chief executive of Anonymizer.com. “There’s just no path to work backward to the original sender.” 

Such complexity does not come easy. Software, downloaded for free, must be used by both the receiver and the sender so the messages are encrypted before being sent. 

And if one computer in the chain goes down, messages just disappear. 

Attempts to commercialize remailer technology have not been successful. In October, the easiest to use, Zero-Knowledge Systems’ Freedom Network, was shut down, due to lack of demand. 

Law enforcers have at least one way of unmasking users of anonymous remailers, said Richard Smith, formerly chief technology officer at the Privacy Foundation. 

Authorities could ask an Internet provider to list users who have sent data to an anonymous remailer. Then, using the FBI’s “Magic Lantern” or other intrusive eavesdropping programs, officials could secretly record a user’s every keystroke. 

“As they’re typing in their secret messages, they get reported before they get encrypted,” Smith said. “That’s the weakness of any encryption system — when the message is being typed or being read.”

SAN DIEGO — An executive with an investment fund accused of bilking investors has agreed to forfeit nearly $47 million in cash and assets in an agreement with regulators. 

James L. Hillman reached the tentative agreement with the Securities and Exchange Commission as part of civil proceedings against PinnFund USA, officials said Thursday. 

“Basically, we get everything except some very limited stuff,” said Charles La Bella, a former federal prosecutor appointed by the court to recover PinnFund assets. “It’s a very good deal for us. The bottom line is it provides money more quickly for investors.” 

The settlement, which still must be approved by SEC officials in Washington D.C. and a federal judge in San Diego, is the largest to date against Pinnfund, the Carlsbad-based company accused of bilking 160 investors out of $330 million, according to the SEC. 

Hillman, who was president of the fund and its second-highest ranking executive, is cooperating with a separate criminal investigation into PinnFund and its chief executive officer, Michael Fanghella, said Hillman’s lawyer, Pamela Naughton. 

Hillman agreed to turn over $15 million to $17 million in cash and to liquidate private investments valued at $8 million to $10 million. He will also turn over as much as $20 million in federal tax refunds he is seeking for taxes paid on commissions from PinnFund. 

In exchange, he will retain his home in Oakland, his retirement account, a 1993 Ford Explorer and a 1996 Volvo sedan. 

PinnFund allegedly promised investors 17 percent returns from investments it said would be used to fund mortgage loans for borrowers with poor credit. The SEC claims the money was never loaned, but used to fund Fanghella’s lavish lifestyle, which included the purchase of a $1 million yacht, luxury cars, and expensive gifts for his ex-girlfriend, a former porn star. 

Union proposes to transform the old Hall of Justice into temporary shelter

---

Kalief Lahutt, generally a resident of People’s Park, was walking through a storm a couple of weeks ago looking for a place to sleep when he passed the old, empty Hall of Justice building.  

Perfect for a homeless shelter, safer than the streets, he thought.  

“Where’s the key?” 

The coordinating director of the Berkeley Homeless Union, a loose organization of homeless people living in the city, Lahutt presented a proposal to the City Council last week to transform the building – to be demolished next summer – into a shelter where 100 people could lay down their sleeping bags at night during the chilly winter months, December through April.  

The council was impressed enough to ask its staff to write a feasibility study for the council to review on Dec. 11.  

According to Councilmember Kriss Worthington, the council could find the funding. But a key question must be answered first: Is it legal? 

“The biggest upside is that there would be lots of extra space to get people in from the cold, which is a high priority in the wintertime,” Worthington said. “But before we spend time moving money around, we need to make sure it’s legal.” 

Worthington said the city attorney is currently considering zoning issues for the shelter. The city attorney’s office declined to comment. 

Others, however, said problems with the building’s physical condition will keep the project from working out.  

Stephen Barton, director of the housing department, said his “current tentative view of the matter” is that the jail cannot safely become a shelter. He said during the last year – since the opening of the new Public Safety Building – the city left the building vacant and stopped maintaining it.  

“It would take a significant amount of time and money to get into good shape. And it would require a tremendous amount of staff,” Barton said.  

A jail, he said, is simply not set up to be a homeless shelter.  

“A jail can only meet fire and building code safety standards because it’s fully staffed all the time,” Barton said.  

He said large, open rooms work much better as shelter space than jail cells, which each hold a dozen people in separate units. Barton said the city currently provides about 25 percent of all shelter beds available in Alameda County. And instead of the city adding more space, he said he would like to see other nearby towns offer temporary shelter. 

Lahutt said the shelter will work fine without much money. His proposal calls for a full-time staff of three to be supplemented by volunteers. 

Lahutt said he thinks the staff will work unpaid. Though his proposal asks for a payroll of about $30,000, “if there’s no money available, the Berkeley Homeless Union will do it for free,” he said. 

The union wants the operation to be run by homeless people and to acquire donated food: dinners from Food Not Bombs and breakfasts from The Dorothy Day Center, Lahutt said. 

The shelter could not last any longer than through April because the city plans to demolish the building this summer and create a parking lot for city employees in its place.  

Worthington said this makes the project more attractive.  

“If you were proposing to open something permanent, people in the area would probably protest, but if it’s temporary, fewer people would be likely to protest.”

SAN FRANCISCO – Since the Sept. 11 terrorist attacks, Tom Souza has stopped traveling, and even driving, as much as he used to. 

The retired Los Angeles police officer restores Corvettes, and now orders the parts he needs from catalogs instead of going to stores. He also plans to do his holiday shopping by catalog. 

“I’ve used them before, but now I’m using them almost exclusively,” he said. “I feel more comfortable buying through the mail now.” 

Catalog retailers and some Wall Street analysts are pinning their hopes for solid holiday sales on shoppers like Souza, who have opted not to travel but to send gifts this season. 

“The catalog retailers, as well as Internet retailers, are in a better position,” said Kristine Koerber, an analyst with WR Hambrecht & Co. “It’s going to be a lot easier to send your package across the country, especially if you’re not traveling across the country.” 

The change in buying patterns is one bright spot for an industry stung not just by the recession but by postal increases in January and July. In response, most companies had cut back on circulation of catalogs, focusing on current customers instead of seeking out new ones. 

Catalog companies that also have stores and Web sites are using cross-marketing tactics. Last year, 13 percent of all catalog company sales were made over the Internet, according to the Direct Marketing Association. 

And like their brick and mortar counterparts, catalog firms are offering deep discounts to attract shoppers. 

“This is a very promotional holiday. There are a lot of free shipping and volume discounts,” said Amy Blankenship, a spokeswoman at the association. 

Some, like The Sharper Image, where catalog sales accounted for 23 percent of sales last year, are expanding their lower-priced offerings. 

After increases in business averaging 11 percent for each of the past five years, growth is expected to slow to 9 percent this year, totaling $120 billion in total sales. The last three months of year are critical, when the industry takes in 37 percent of the whole year’s business. 

Home electronics, food items, pet supplies and basic clothing are the best-selling categories so far this holiday, she said. The luxury business is weak, she said. 

So far, early sales results for catalog companies have been “a little bit better” than were originally projected, according to Chris Merritt, principal at Kurt Salmon Associates, a retail consulting firm. 

“Consumers are buying, though they are looking for bargains,” he said. 

Land’s End, which reported one of its strongest quarterly performances early last month, is hoping that the fourth quarter will generate a small sales increase. So far, holiday sales are up 3 percent, according to Emily Leuthner, a company spokeswoman, though she declined to make any projections for the season. 

The company has increased its inventory on such basics as turtlenecks and outerwear, after running short last holiday season. The company has also been doing more TV advertising this holiday, taking advantage of lower advertising rates. 

Other companies aren’t doing as well as Land’s End. 

“When you talk to different catalogers, everyone’s got a different story,” said Richard Baum, an analyst with CreditSuisse First Boston. “Some of the general merchandise catalogers have struggled all year, like Federated or Spiegel or J.C. Penney. It just happens that Lands’ End is knocking the cover off the ball this year.” 

At The Spiegel Group, e-commerce continues to grow, but sales at its other retail channels — catalogs and its own stores, primarily under Eddie Bauer — are down, said spokeswoman Debbie Koopman. 

The Downers Grove, Ill.-based company projects that total holiday sales are expected to decline by 5 percent to 10 percent, despite more aggressive discounting from a year ago. 

“I would say we had planned pretty conservatively going into the holiday season, and especially after Sept. 11 that turned out to be the right move,” Koopman said. 

At its Eddie Bauer division, for example, the company reduced inventory by 10 percent. 

Koopman is closely watching sales over the next week, and said the company may have to discount even more if the environment warrants it. 

Volatility in sales is making the outlook for the catalog industry more confusing, according to Rich Donaldson, spokesman at L.L. Bean. 

We’ve seen such varied results not only from channel to channel, but from week to week,” said Donaldson. “One week our retail stores are looking good, and mail order drops off, and other weeks, we see mail order look good, and in-store sales drop off.” 

Internet sales at the outdoor clothing company, based in Freeport, Maine, have been the strongest of its retail channels through the fall season, Donaldson said.

SAN FRANCISCO — One of the two men accused of killing a state senator’s son in November demanded a speedy trial, while the other did not appear for the scheduled hearing in San Francisco Superior Court Tuesday. 

Defendant Dwayne Reed, 22, wanted the speedy trial. A bailiff said co-defendant Clifton Terrell, 18, had been in the hospital ward since the weekend, but did not say why he had been hospitalized. 

Hunter McPherson, 27, was walking home with his girlfriend Alexa Savelle in the early morning of Nov. 17 in the city’s Potrero Hill district when they were allegedly robbed at gunpoint. 

McPherson, son of Republican state Sen. Bruce McPherson of Santa Cruz, was shot in the chest. His girlfriend was not injured. 

Prosecutors will be researching any legal issues involved when co-defendants have different requests for trial, said San Francisco District Attorney’s office spokesman Fred Gardner. 

Gardner said a new hearing has been scheduled for Dec. 14. 

Both Reed and Terrell, who were arrested on Nov. 28, are being held without bail. 

SAN FRANCISCO — A poll worker, fired on election day after he walked off the job, showed up at City Hall Monday with 400 blank ballots, almost a month after the election. 

Elections chief Tammy Haygood declined to release the name of the poll worker. 

The 400 missing ballots were never used in the voting so they will not affect the outcome of the Nov. 6 election. 

The poll worker was hired for election day as a precinct inspector, the on-site boss. The inspectors are given the ballots at the end of the two-hour training session and are expected to bring them to the precincts when they report to work. 

The poll worker, who had experience in previous elections, was fired after he left the polling station and didn’t come back, Haygood said. 

RICHMOND — Contra Costa County and Richmond city officials told General Chemical they would pursue an audit of the company’s operational practices following two caustic releases last week. 

The county’s last post-release audit was conducted three years ago following an incident at Tosco’s Martinez refinery. The procedure and follow-up evaluation cost around $200,000. 

Outraged by a release of sulfur dioxide and trioxide last Thursday and followed by a minor incident the next day, Mayor Irma Anderson called a meeting with General Chemical representatives Monday afternoon. 

The company was criticized by city and county officials for underestimating the severity of Thursday’s release. Plant management initially reported the incident as a “Level 0.” A half hour later, the company upgraded its assessment to “Level Two,” still not serious enough to activate the community warning system. The release was only elevated to “Level Three” status after county officials arrived and determined the community should be alerted. 

City and county officials told General Chemical they would oversee the investigation that usually follows a major release — called a “root cause analysis.” They will evaluate the results and may take the unusual step of further examining the company’s procedures. 

Under state law, Richmond cannot require General Chemical to conduct the root cause analysis or pay for an audit, though the company has expressed a willingness to do so, said Supervisor John Gioia. 

LOS ANGELES — A judge refused Monday to allow Sara Jane Olson to withdraw her guilty plea in a Symbionese Liberation Army bomb plot. 

“She pled guilty because she is guilty,” said Superior Court Judge Larry Paul Fidler. “Everything I’ve heard since then has not convinced me otherwise.” 

The judge, during hearing on the withdrawal motion, also denounced the defense team for using the national attacks of Sept. 11 as a reason to say they could not get a fair trial. 

“It’s fine to be concerned that an act which absolutely rocked this country might affect this trial,” Fidler said. But he said that without questioning prospective jurors about it, there was no proof that such a connection exists. 

“This constant trying to link this trial to Sept. 11 is abhorrent,” he said. “It is unfair to those who died Sept. 11 and it’s unfair to the prospective jury. ... It’s ridiculous. It’s just another allegation to try to keep this case from going to trial.” 

Fidler was speaking of an effort by the defense before the plea to delay the trial for several months in light of the Sept. 11 attacks. 

Olson was ordered to return to court Jan. 18 to surrender for sentencing. 

The judge ruled after the prosecution presented an overview of the case against Olson, illustrated with a computer presentation of photographs and chronologies prosecutors said linked her to the bomb plot. It was a virtual history of the SLA in California and showed that the case would have rested heavily on the testimony of star witness Patty Hearst. 

Defense attorney Shawn Snider Chapman responded that Hearst was a convicted felon and proven liar whose testimony could have been easily challenged on cross-examination. She said that other former SLA members including Bill Harris and Wendy Yoshimura stood ready to testify that Olson played no role in any bomb plot to kill policemen in 1975. 

Before he ruled that the plea must stand, Fidler gave Olson a chance to take the stand and be cross-examined about her role in the case. She refused. 

“It speaks volumes that Ms. Olson will not submit to cross-examination,” the judge said. He said that he could not accept a guilty plea from an innocent person and be able to sleep. 

“I intend to sleep very well,” he said. 

The hearing began after Olson’s lead attorney J. Tony Serra failed to show up. 

Fidler called Serra’s absence “absurd, unprofessional and inexcusable” and demanded that Chapman explain Olson’s arguments for withdrawing her plea. 

Chapman then accused Serra of browbeating Olson into a plea she did not want. 

“His powers of persuasion are overwhelming,” she said. “He coerced her strongly to do it.” 

Chapman said Serra cursed at Olson during private talks before she pleaded guilty to two of five counts in a plea bargain to resolve a 1976 indictment. 

“Mr. Serra screamed and yelled at her and told her — I apologize for the language — she would be a (expletive) idiot if she didn’t take the deal,” Chapman told the judge. 

Olson, now a 54-year-old Minnesota housewife, pleaded guilty Oct. 31 and then told reporters she was innocent. The judge called her back on Nov. 6 to explain herself and she reaffirmed the plea but asserted she was guilty under the theory of aiding and abetting. She later asked to withdraw the plea. 

Chapman also accused prosecutors of misrepresenting their position on punishment. She said the defense was led to believe Olson would serve no more than 3 1-3 years if she pleaded guilty. But by the time of the plea, she said, prosecutors were taking the position that Olson’s fate was in the hands of a parole board and she could get up to life. 

Deputy District Attorney Eleanor Hunter objected. 

“We’re not dealing with a child here,” Hunter said. “We’re dealing with a woman in her 50s with a lifetime of experience. She’s not going to be browbeaten by a man.” 

Hunter argued that Chapman was employing “the girl defense,” saying “I was a girl and couldn’t stand up to a big strong man.” 

FREEHOLD, N.J. — History teacher Barbara Guenther hasn’t missed a day of class in 37 years. Now, she is spending her days in a 9-by-9 jail cell, locked up along with scores of other striking teachers in a bitter lesson in civil disobedience. 

Among them is Arline Corbett, 57, a veteran teacher who jokingly says she is so law-abiding she still has the “do not remove under penalty of law” tags on her old mattresses. 

Then there is physical education teacher Steve Antonucci, who was the toast of the town last weekend after coaching the Middletown Township High School South Tigers to a state football championship. 

Two days later, he was in jail, eating bologna sandwiches and standing for twice-a-day head counts with alleged killers, carjackers and petty crooks. 

“This is the reward I get,” the 30-year-old coach told a judge before being led away in handcuffs like all the others. 

By the end of the day Thursday, 228 striking teachers in well-to-do Middletown Township had been jailed this week for violating a back-to-work order. They are the first New Jersey teachers to be locked up in 23 years, and some 500 more could follow. 

It is the biggest mass jailing of striking teachers since 1978, when 265 were locked up for 18 days in Bridgeport, Conn., according to National Education Association spokeswoman Darryl Figueroa. 

It is so busy at the courthouse that hearings have been assigned to three judges. 

The teachers, who make an average of $56,000 annually, are fighting a move to increase their health care premiums by up to $600 per person, per year. Currently, they pay $250. 

None of the district’s 10,500 students has been in class since Nov. 28 and the two sides remain far apart. The Board of Education received a death threat this week in a message left by a caller. 

“It’s become a war,” Schools Superintendent Jack DeTalvo said. 

The teachers have been called before judges in alphabetical order — how else? — starting with the As on Monday, the Bs on Tuesday and moving into the Os, Ps, Qs and Rs by Thursday. 

Many have made impassioned, Patrick Henry-like speeches about willingness to suffer the consequences of their defiance, their love of the job, and their contempt for Board of Education leaders. 

“I try to teach my students this country is fair and just,” Guenther, 57, told Superior Court Judge Ira Kreizman this week, her voice breaking. “In this process, the law is not fair and just. Sometimes, good people have to stand up to fight an unjust law, and that’s what I’m doing.” 

Judge Clarkson Fisher Jr., who imposed the back-to-work order, said he decided on the one-week jail terms because he was concerned fines would not get teachers back to work. 

“You are holding the keys to the jail,” Fisher told one group of strikers. “Any time you want to come out, let me know and you are out.” 

Eight of those who were jailed were released on Thursday after pleading hardship and agreeing to return to work. 

At least three teachers Thursday resigned or retired rather than be sent to jail. High school literature teacher Jennifer Laughlin announced to the judge that she was resigning after five years. 

“I’m totally disheartened by the treatment by the board of education and the lack of support for teachers in our community,” Laughlin said after she left the courtroom. 

Dozens of others have avoided jail altogether by citing family responsibilities or medical problems — high blood pressure, single parenthood, an elderly parent in need of care. Fisher has been lenient but not always patient. 

Special education teacher Kate Cosgrove told Fisher in a long monologue how she bought classroom equipment with her own money, and never complained or filed a worker’s compensation claim. She was excused after telling the judge she had two young children to care for. 

As she walked out of the courtroom, Fisher said: “It’s a good thing there wasn’t a back door at the Alamo.” 

Others have gone proudly, holding handcuffed wrists up in the air as they were escorted to sheriff’s department vans for the half-mile trip to the jail. 

Middletown Township, a bedroom community of 66,000 people about 45 miles from New York City, was one of New Jersey’s hardest-hit towns in the World Trade Center attacks. Three dozen Middletown residents were among the victims Sept. 11. 

Add in the worsening economy and fallout from layoffs at nearby Lucent Technologies, and there appears to be little sympathy for what some residents consider money-hungry teachers. 

“With everything that is going on in this world due to the tragic attacks of Sept. 11, can’t anybody sit down and be thankful for what they have?” one resident wrote in an e-mail to the Board of Education.