Full Text



Abortion activists face off at UC Berkeley

By David Scharfenberg Daily Planet staff
Saturday April 20, 2002

A speech by a “pro-life feminist” on the UC Berkeley campus Friday afternoon sparked a stand-off between activists from both sides of the abortion debate. 

Serrin Foster, president of Feminists for Life, a Washington D.C. advocacy group, spoke on the steps of Sproul Plaza while students and local activists waved signs and exchanged shouts. 

Foster focused much of her speech on the pro-life politics of early feminists like Elizabeth Cady Stanton and Susan B. Anthony, and painted her group as the inheritor to their legacy. 

“The early American feminists worked to outlaw abortion in this country,” she said. “I stand here proudly to continue the tradition.” 

Foster argued that the United States should outlaw abortion and focus on providing women with the legal and social services they need to raise children. 

Kody Hilton, volunteer coordinator for the California Abortion & Reproductive Rights Action League in San Francisco, said the pro-choice movement supports the provision of all the services advocated by Foster, but that legalized abortion should remain in place as well. 

Christina Hioureas, co-president of the UC Berkeley chapter of the National Organization for Women, said feminism is about choices and Foster is seeking to eliminate a choice. 

“She’s not a feminist,” Hioureas said. 

But Nora Ludden, an Oakland resident and member of Feminists for Life, said the group is taking the strongest approach to women’s rights. 

“Pro-choice is begging for scraps instead of calling for real change,” she said, arguing, like Foster, that the focus should be on developing a wide spectrum of support services for women that would make abortion unnecessary. 

Foster will speak at a pro-life conference on the UC Berkeley campus today that will train high school and college activists to form advocacy groups, raise money and argue pro-life positions 

’Jackets stay perfect in ACCAL with Stipovich gem

By Richard Nybakken Daily Planet Correspondent
Saturday April 20, 2002

The Berkeley High baseball juggernaut continued to roll over opponents Friday afternoon, riding a two-hit gem from starting pitcher Cole Stipovich to a convincing 5-1 victory against El Cerrito High. 

The crafty senior southpaw escaped some uncharacteristically shoddy fielding in the first inning and a slight bout with wildness in the sixth as the Yellowjackets (14-4 overall, 6-0 ACCAL) ran their unbeaten string to 12 with the win. El Cerrito, which had hoped to join the ‘Jackets atop the league standings with a win, fell to 4-2 in ACCAL play and 11-5 overall. 

Two weeks after Berkeley trounced a less than full-strength El Cerrito squad 12-2 in the San Marin Tournament, an anticipated showdown between two of the league’s better teams never materialized, as the hot Berkeley bats once again cuffed around an opposing moundsman. 

Rightfielder Jeremy LeBeau, who reached on an error and scored in the second inning, delivered the knockout blow in the fifth, a booming triple to deep centerfield that plated two runs. Centerfielder Bennie Goldenberg added two hits, a run and an RBI. 

Gaucho ace Kenny Salyer, a burly senior who will attend San Jose State University on a baseball scholarship next fall, surrendered five runs on seven hits in 5 2/3 innings. 

Though some Berkeley players speculated that El Cerrito had deliberately rested key players during the tournament in an effort to surprise the ‘Jackets during the regular season, head coach Tim Moellering said his team hadn’t paid attention to the rumors. 

“We didn’t focus on that too much,” Moellering said. “We consider El Cerrito to be one of the better teams in the league, and we knew they were going to come at us with a better team than at the tournament.” 

El Cerrito coach Brian Nichols said the difference came down to fundamentals. 

“They just executed a little bit better offensively and defensively than we did,” he said. “You can’t give a good team opportunities like that and expect to win. Kenny (Salyer) threw good, but we just didn’t execute, plain and simple.” 

Whatever the cause, the final result obscured a worrisome start for the Yellowjackets, who allowed two of the first four Gaucho batters to reach base on misplayed ground balls. Stipovich never abandoned his game plan, however, inducing centerfielder Jamont’e Cox to ground to first to end the threat. 

The ’Jackets then promptly jumped on top in the second inning. With one out, LeBeau struck a high chopper to third. El Cerrito third baseman Randy Minix rushed his throw, skipping it past first baseman Jake Lucas and allowing LeBeau to scamper to second. 

After a ground out, Goldenberg hit a line drive double over the head of stumbling leftfielder Josh Harvey, scoring LeBeau. Sam Geaney then lashed a fly ball just inches past the outstretched glove of rightfielder James Cannon, driving in Goldenberg with the second Berkeley run. 

From there, it was all Stipovich. Changing speeds with a funky three-quarter delivery, the ‘Jackets number two hurler kept the El Cerrito hitters off balance, inducing numerous ground balls and relying on a rejuvenated Berkeley defense. 

The sneaky lefty finally appeared spent in the sixth. After he walked two of the first three batters, Moellering made the kind of slow walk out to the pitcher’s mound which usually signals the end of a hurler’s day. 

“I thought he was losing it because Cole has outstanding control,” Moellering said later. “I was stalling for time, and told him to assume this was his last hitter.” 

The unflappable Stipovich apparently received a different message. 

“I’m pretty sure I wasn’t tired,” he said of his sixth-frame wildness. “I might have been overthrowing. Coach came out and slowed me down a little bit.” 

Stipovich needed only five pitches to dispose of the next two hitters, both on ground balls, squeezing out of the two-on, one-out jam allowing only one run. The lefty then finished up strong in the seventh, retiring three El Cerrito batters in order to put the game in the books.

Daily Planet mistakes are laughable

David Couch Berkeley
Saturday April 20, 2002

To the Editor: 

I hope you are aware of the need to improve the quality of the copy editing in The Berkeley Daily Planet. I have almost come to look forward to finding amusing, perplexing or embarrassing bloopers in your headlines and articles, but sometimes the errors are disturbing. 

Most important, please ensure that staff members at least read the articles before they write the headlines! 

I was disturbed to see the April 17 headline "Claremont anti-Semite suspect sketched" above an article in which a police sergeant stated clearly that the crime (an assault) was probably a simple robbery, and there was no evidence that it was a hate crime or had anything to do with anti-Semitism. The article did not quote any opposing opinion. Maybe the copy editor thought the article should have contained an opposing opinion, but the purpose of a headline is not to argue with the article. I realize that the April 5 account of this assault quoted witnesses who believed it was anti-Semitic, but that is really not relevant to the headline of the later article. (That earlier crime report, in another blooper, was misleadingly headlined "The Jews are attacked near campus" instead of "Two Jews attacked near campus.") 

I think it is especially important for your articles and headlines to be consistent and accurate when you are writing about sensitive issues such as racism, anti-Semitism or ethnic bigotry, to avoid fanning flames of fear, suspicion or anger. 

On a lighter note, an amusing April 12 headline stated that "Berkeley may ban cutting old growth forest: Passage could have $10 million annual impact on the timber industry." (There sure must be a lot of old growth timber in Berkeley, eh? No, the article was actually about a statewide ballot measure that the Berkeley City Council might support.) 

I am sure your staff all winced reading the front page headline on April 15: "List of opponents for Mayor Dean dwindle" (instead of "dwindles"). 

On the positive front, I think you have stopped writing "jews" instead of "Jews." Thanks. I remember noticing on March 18, for example, that Jews were called "jews" throughout a letter you published (which was supportive of Israel) and in the headline of an adjacent opinion piece (which was about Jewish criticisms of Israeli policy), but remained "Jews" throughout the opinion piece. I know, that is a very confusing sentence! Well, it was a very perplexing moment for me; I thought maybe you had just printed the letter as written and it contained the error (but I am sure you agree with the standard newsroom practice of quietly correcting errors in spelling or capitalizing in letters you print). Then I started to get paranoid, wondering whether somebody in the newsroom was trying to insult Jews by "lowering their case" (so to speak). But eventually I concluded it was just lack of attention at the copy desk. 

I know there are more important things to worry about, but we readers do notice these errors. And as you can see, sometimes they disturb us in unforeseen ways! And even when the errors are not serious, they do affect our judgment about whether your paper should be taken seriously. 

(P.S. I am assuming that the task of copy editing includes headline writing as well as checking articles for style, grammar and consistency; please forgive me if other staff are responsible for these matters.) 


- David Couch 


Aroner seeks $1.1 million for schools for school district

Saturday April 20, 2002

By David Scharfenberg 

Daily Planet staff 


State Assemblywoman Dion Aroner, D-Berkeley, is working on legislation that would forgive a $1.16 million fine the Berkeley Unified School District owes the state for filing a staff development form late, and pour the funds into auditing services and reform efforts. 

Under the Aroner plan, $700,000 would go to a state agency called the Fiscal Crisis Management and Assistance Team, or FCMAT, to support reform in five areas – pupil achievement, fiscal management, facilities management, personnel management, and governance. 

The balance – roughly $460,000 – would be used by the district to implement reforms proposed by the state agency. 

FCMAT is already providing financial advice for the district, which faces a $5.4 million deficit next year. Under the Aroner plan, the agency would remain in place next year, develop an improvement plan by July 1, 2003, and file periodic status reports on district implementation through June 2005. 

The district began making fine payments last year, and Aroner has attempted twice to win forgiveness, only to run into opposition from the Davis administration.  

Aroner says the new bill, drafted largely by FCMAT and negotiated with Davis’ Department of Finance, has a much better chance of passage. 

The legislation, which will be heard by the Assembly’s Education Committee Wednesday, also includes forgiveness of a $790,000 fine the Emery Unified School District owes the state for failing to properly document the certification of two teachers. 

“It’s good news,” said Jerry Kurr, Berkeley Unified School District’s associate superintendent of business, describing the bill and its apparently strong prospects for passage. 

Kurr said the district, which has already shelled out $580,000 in fine payments, was originally hoping to win forgiveness of the remaining $580,000, not the full amount. Now, he said, the district will realize a benefit on the full $1.16 million. 

Members of the Board of Education and community activists were generally pleased with the proposed legislation. 

“It’s an exciting development,” said school board President Shirley Issel. “I’m really pleased.” 

“We would rather have had the money with no strings attached, but this will make us spend some money where we need to spend it,” added Nancy Riddle, a parent who serves on the district’s budget advisory committee. 

Carol Wilkins, who also serves on the budget advisory committee, said the bill appeared to be “a constructive attempt to respond to the district’s current circumstances.” 

However, Wilkins said she has some concerns that a full $700,000 would go to FCMAT, and only $460,000 to the district for reform. 

“Why so much for them and not as much for us?” she asked. 

Wilkins added that, while she has been pleased with FCMAT’s work in district thus far, she has concerns about a lengthy stay. She said it is important that Berkeley decision-makers, guided by Berkeley values, direct district policy in the long term. 

“Is this someone else making decisions for us?,” she wondered. 

Wilkins said ultimately, despite her concerns, she believes local control will remain in place. 

The legislation calls for the following specific improvements, among others:  

•better accounting and internal control procedures 

•improved building maintenance 

•training for school board members  

•skills development for staff  

•a community relations plan

John Swett pounds Panthers

Saturday April 20, 2002

By Jared Green 

Daily Planet Staff 


CROCKETT – The St. Mary’s High baseball team has been playing tough all season, winning their first five BSAL games with clutch hitting, adequate pitching and just a smidgen of luck. But when they finally lost to John Swett on Friday, it was a doozy. 

Swett scored seven runs in the fourth inning, including two three-run homers, on the way to pounding the Panthers 13-3. St. Mary’s dropped to 9-10 overall, 5-1 in the BSAL with the loss, while the Indians improved their record to 11-8 and 3-5 in league play. 

St. Mary’s got a rare ineffective outing from ace Joe Storno, who left the mound after giving up 10 runs, including the first blast in the fourth by Mike Santos. Storno had been carrying the Panthers, winning all three of his league starts before Friday. 

“We know it’s going to be difficult with only one pitcher we can rely on,” St. Mary’s head coach Andy Shimabukuro said. “I thought Joe would pitch a little better, but (Swett) swing the bats very well.” 

Storno wasn’t the only one to blame for the loss. The Panthers committed several pratfalls in the field, making their pitcher’s job that much harder. Although they were only charged with three errors, the Panthers gave away outs on several occasions.  

The four-run Indian second inning came courtesy of just two hits, both singles. After Steven Della Cruz led off with a single, Chris Gomez bunted the ball right back at Storno. Storno bobbled the ball but still tried to get Della Cruz at second base, throwing late and not getting an out. After a sacrifice sent the runners to second and third, Tony Thomas hit a grounder up the middle. St. Mary’s second baseman Chris Alfert got to the ball but bumped into shortstop Manny Mejia and threw the ball away, allowing both runners to score and sending Thomas to second.  

Cole Adams followed with one of his four singles, and Santos hit a sacrifice fly to center. Storno neglected to back up the throw to home, which got by catcher Sean Ayres. Storno chased the ball to the backstop and tried to get Adams at third, but his errant throw allowed Adams to score the fourth unearned run of the inning. 

“It’s a struggle for us just to get outs, and we can’t afford to give up extra outs on errors,” Shimabukuro said. 

The Indians put the game away in the fourth. Jiminez led off with a double, and Thomas laid down a perfect bunt to reach base. Adams singled again, scoring Jiminez, then Santos knocked Storno out of the game with a high drive to center that just cleared the fence and centerfielder Chase Moore’s leap.  

It looked as if reliever Ryan Bahado-Singh would shut off the rally, inducing two flyball outs, but he walked the next two batters. Gomez hit the first pitch he saw from Bahado-Singh on a line over the leftfield fence. 

“We’ve hit everybody. It doesn’t matter who we face,” Swett head coach Ron Spini said. “We don’t care if it’s your ace or your bullpen.” 

The Panthers didn’t allow another run, but it made little difference as they just couldn’t get their bats going against Della Cruz or reliever Ed Davila. While St. Mary’s did get nine hits, they left 12 runners on base. Spini said his pitchers are finally giving the hitters some support. 

“We’ve given away far too many runs,” he said. “Walks have just killed us. A team that’s hitting .360 and made six errors in seven games should be better than 3-5, but that’s the way it goes sometimes.” 

The Indians are focused on reaching the BSAL playoffs, which would require finishing in sixth place or better. Spini feels that if it does make the playoffs, his team could sneak up on some of the higher seeds. 

“I’ve been telling the players that all the things that have gone against us don’t matter any more,” he said. “I don’t like the playoff system, but if we’re in the postseason we’ve got as good a shot as anybody.” 

St. Mary’s, on the other hand, still controls its own destiny. The Panthers play the only other team with one loss, Albany, on Wednesday. 

“It all starts over on Wednesday,” Shimabukuro said. “If we come back and win that one we’ll be back in the driver’s seat.”

Berkeley’s public schools are underachievers

John Cecil Berkeley
Saturday April 20, 2002

To the Editor: 

Given the deluge of bad news reported in the Daily Planet and television about the financial problems of the Berkeley Unified School District, which appear to only get worse, the Board of Education owes Berkeley's citizens a comprehensive explanation of the current state of local public education and what, if anything they are actually doing to correct their real problems. Consider the following flood of bad news.  

First it was announced that the BUSD faces a 6 to 7 million dollar deficit. Given that the BSEP tax now exceeds $10 million per year and a $4 million per tax of maintenance was recently passed. BUSD has $14 million per year more than a comparably sized California school district, adding contributions from the excellent Berkeley Educational Foundation, it is difficult to understand how the BUSD has created such a large deficit! TV news coverage informed us that teachers were being overpaid; in fact former and deceased teachers were still being paid! I guess Berkeley's salary schedule has a unique "Dead and Gone" column. It was also reported that bond revenue was being used to pay salaries, some much for the "oversight" promised when ever BUSD money measures appear on the Ballot to reassure voters. Then we have the results of an audit. The news report about the audit doesn't address any of the reported problems; rather it expands the problems by noting "inadequate monitoring of the district's self-insurance, adult education and cafeteria funds" while not specifically stating that this finding usually equates to raiding the identified funds. 

One Board member did notice that the problem areas noted in the audit were repeats from the prior year's audit! By the way, doesn't the Alameda County Board of Education get copies of the BUSD's audit? It was reported that the latest of the almost endless parade of school finance experts is working hard but warns that many of the problems will likely be repeated on the next audit. Then the BUSD commissioned a study by school services of California which further expanded the problems when it reported that state funding of special education fell $4.5 million short of needs of the children. 

Board Member Ted Schultz admitted that this has been going on for years. The report also stated that most California school districts raid their general funds due to inadequate state funding for special education. Given a TV report last week that state funding to support existing class size reduction will be reduced sufficiently so that some districts are considering increasing class size, the BUSD's problems may only get worse. One wonders what was the basis of Governor Davis's primary campaign ads claiming to have dramatically increased Educational Funding. 

The suggestion that the BUSD's problems are due even in part to an antiquated computer system has angered many people. In the last decade computer processing and storage have increased so drastically that new terms were necessary to identify the huge increases. 

These huge increases, with little or minimal cost increases, coupled with the dot-com collapse, have made computer equipment and trained people available to install it available at very modest prices. What appears to be missing is the desire to fix the problem. 

It is further discouraging to read that the Board's focus, perhaps rightly is so negative. The cost reduction of closing the Franklin Elementary School provides Berkeley was a positive opportunity. Why not use this facility we have paid for to provide temporary rooms for teachers, firefighters, and police? Given that the cost of living in Berkeley is frequently cited as a recruitment problem, by providing a bed for a teacher or police officer that does not live in Berkeley to spend a night reduces their commuting requirements and costs and reduces local congestion. I am suggesting beds in areas separated by privacy screens, not permanent partitions, these are adults, and while there are details to be worked out, it appears that Franklin could be used to make Berkeley more attractive to teachers, police, and firefighters.  


John Cecil 


Black Repertory bounces back in South Berkeley

Saturday April 20, 2002

By Chris Nichols 

Special to the Daily Planet 


With smiles on their faces and culture all around, members of Berkeley’s Black Repertory Group use theater as a tool in constructing a better community. "The theater is used as a means to uplift the individual and in turn uplift the community," said Mona Vaughn Scott, Executive Director of BRG. 

Started as a drama program at Downs Memorial United Methodist Church in 1964, BRG is the oldest African-American theater group west of the Mississippi. 

Though founder Nora Vaughn never envisioned BRG as a professional theater, the repertory group has produced over 100 plays by such African-American writers as Langston Hughes, Charlie Fuller and Ishmael Reed since being launched as a community theater in 1967. 

BRG lists as its purpose to facilitate personal development and self-esteem using theater as a tool and to encourage an awareness of and encourage Black Culture by providing an outline through Black Theatre. 

Vaughn Scott emphasizes that BRG is also committed to encouraging youth involvement in theater productions. The group speaks to local high schools and provides on the job training and internships to local youth interested in theater. 

According to BRG, young people and the youth workshops have always been at the heart of the theater’s mission. The theater has been the starting ground for the careers of many black actors in the Bay Area. 

Throughout its history, BRG has also been committed to cutting-edge social, cultural and health issues through its Health Education Through Theatre program. BRG was one of the first theater groups to sponsor a group of HIV-positive actors as well as taking on such issues as teen pregnancy, violence and delinquency prevention, and adolescent hypertension. 

Despite the cultural significance of the repertory group, in the past some community members and city officials have been critical of BRG’s management and operations. A 1998 city audit concluded that the group was missing minutes for meetings, lacked time cards and had board policies that were inconsistent with other publicly-funded organizations. 

BRG had also been criticized by other theater groups for not fully utilizing its current facilities – leased to the group by the city at $1 per year – and for attracting only sparse crowds to its 250 seat theater. 

According to Mayor Shirley Dean, the repertory group has moved past these problems. "I think they’ve made considerable progress," said Dean. "The audit didn’t find any serious financial problems, mostly things like missing minutes and time cards." 

Critics claimed BRG’s Board was made up predominantly of family members of Vaughn and did not include enough members of the community. "It’s my belief that all of these issues have been cleared up, the board has now been expanded." 

According to Dean, the City of Berkeley has worked to strengthen and preserve the theater’s place among community members. "It has roots in this community that are irreplaceable," said Dean. 

Many were afraid that after the death of founder and director Vaughn the theater’s success and strength might diminish due to internal problems. "Nora wasn’t able to be as strong a voice as she got older, they got into some tangles and people feared that Nora’s vision had disappeared," said Dean. 

Dean said that the theater group has made great strides in eliminating this fear and continues to enrich the lives of individuals and the community itself. 

Currently, BRG is presenting "In Search of a Legend," a tribute to Josephine Baker, written and conceived by Johnny Land. Producer Al Yates said he looked to BRG to take on this presentation because he "knew they would be open and welcome to a show of this type." 

Yates said the show was not picked up by other theaters but that BRG has given it a chance. "It’s a universal story and it’s being told that way," said Yates. 

Yates said that BRG Director Mona Vaughn Scott, daughter of founder Nora Vaughn, has been very receptive to the show. 

Land, a foremost historian on the life of Baker, said each show has sold out and received standing ovations. "The word of mouth has been great, the word is getting out mostly through fliers and the invitation of personal friends," said Land. 

"In Search of a Legend," the musical story of a little black girl from St. Louis who took Paris by storm, will run at BRG through Sunday, April 28. Land and Yates hope to extend the run of the musical at BRG or take it to a new location after April 28. 

Land and Yates also hope to continue with their "Sassy Diva" cabaret show and are pushing for a university circuit tour. 

The Berkeley Repertory Group theater is located at 3201 Adeline St. The phone number for tickets is 510-652-2120. 

Sports shorts

Saturday April 20, 2002

Cal softball upsets No. 6 ASU 

No. 8 Cal matched its conference win total from 2001 after just 10 league games with a 3-2 win over No. 6 Arizona State Friday afternoon at Levine-Fricke Field. 

Cal (40-14, 6-4 Pac-10) started off things early, in the bottom half of the first inning. Freshman Kaleo Eldredge reached on an error by Missy Hixon and was moved to second on junior Kristen Morley’s team and conference-leading 20th sacrifice bunt of the season. Senior Candace Harper then doubled to left center to give the Bears a 1-0 lead.  

In the second inning, the Sun Devils (35-11, 5-4 Pac-10) surrendered two runs on three fielding errors. Freshman Jessica Vernaglia led off with a bouncer to the pitcher, but Erica Beach threw the ball wide to first allowing Vernaglia to reach safely. After a Kristen Bayless sacrifice bunt that moved Vernaglia to second, Eldredge singled to right and advanced to second on a wild throw to first by right fielder Kirsten Voak, bringing home Vernaglia from second.  

The third and final run came on an awkward play, as Morley laid down a bunt single. She got caught in a pickle trying to attempt second base, but advanced as Hixon dropped the ball on an exchange for her second miscue of the contest. Morley reached second, while Eldredge rounded third to score.  

ASU charged back in the top of the fourth as Kara Brun smashed a solo homer, her team-leading seventh of the year, over the centerfield fence. With two outs, Beach drew a walk and Nichole Thompson hit a RBI double to left center to bring in pinch runner Amber Turner.  

Junior Jen Deering collected her 12 win of the season and has won the last 10 of her 11 decisions. She went four innings, striking out four, walking three, while scattering two hits. Freshman Kelly Anderson came on in the fifth and pitched three shutout innings. She fell into a bases loaded jam with two outs in the sixth inning, but struck out Adriana Garcia to come out unscathed. 

The win was Cal’s sixth win over a ranked opponent. The Bears now brace for top-ranked Arizona as the Wildcats come in for a two-game set, Saturday at 2 p.m. and Sunday at 1 p.m.  

Men’s tennis avenges USC loss 

The No. 19 Cal men’s tennis team avenged a 4-3 loss to USC three weeks ago, upsetting the 13th-ranked Trojans (18-6, 4-2 Pac-10) 5-1 Friday afternoon at the Hellman Tennis Center.  

By winning two of the three doubles matches, the Golden Bears (17-6, 4-2 Pac-10) took an early 1-0 lead. In only their second match together, Ben Miles and Conor Niland were the first team off the court, winning their match 8-6 on the second court. Clinching the doubles point on the first court, the No. 26-ranked team of John Paul Fruttero and Robert Kowalczyk upset the No. 7 team of Ryan Moore and Nick Rainey, 8-6.  

Using the momentum from the doubles matches, Cal took the first set in five of the six singles matches. Closing out his match first, Wayne Wong routed USC’s Daniel Langre on court five, 6-2, 6-1. Next was Fruttero, playing on court one. Coming off an upset of the No. 1 ranked player in the country on Monday, Fruttero continued his dominating play by beating the Trojan’s Andrew Park, 6-3, 6-3.  

With a 3-0 lead, the Bears needed only one of the remaining four matches for a victory. Coming through to secure the upset was freshman Conor Niland. After losing the first set, Niland stormed back to win the next two in a convincing fashion, defeating Prakash Armitraj, 4-6, 6-0, 6-2. With the match already decided, Robert Kowalczyk’s match with Nick Rainey on court four was suspended, while Mik Ledvonova gutted out a long match on court six, prevailing 6-0, 4-6, 6-4. The only loss of the day for Cal came on court two where Balazs Veress lost to Ryan Moore, 3-6, 6-4, 6-2.

Alameda County cuts funds for the elderly

Saturday April 20, 2002

By Bruce Gerstman 

Special to the Daily Planet 


Helping the elderly in the East Bay just got more expensive. 

The Alameda County Board of Supervisors agreed Tuesday to authorize the Alameda County Agency on Aging to decrease by about $70,000 grants to local groups that serve the elderly. 

"We were instructed by the state to reduce the allocation," said Joe Rodriguez, director of the agency. 

When a reporter told the Berkeley-based Alzheimer Services of the East Bay, which runs a day care service for Alzheimer’s patients, that the new budget meant an $8,500 cut for the agency, the executive director said she was not surprised.  

"Last year we had a decrease, too," said Karen Grimsich. After 14 years of a steady $166,000-a-year budget from the state, the group’s funds were slashed by $6,500 last year. 

Grimsich said families cannot afford the $75 daily charge to use their day care, so they use state funds to subsidize the rest. She said families pay as little as $17 each day, and more often about $40-50. "Now we're going to have to fund-raise," to subsidize the service, she said. 

"We do make up the difference, but these nonprofits like us end up holding the bag," Grimsich said about services for the elderly. "What are you going to do, not take care of them?" 

The funding comes from the state's Community Based Service Program, which will now give away about $1 million less than last year, said Rodriguez. That means Alameda County will lose 3.18 percent, or about $19,000, of the $600,000 it generally gets. 

California is now struggling to soften a deficit estimated at more than $17 billion. And the state is trying to find ways of trimming costs, said John Carr, the assistant director of external affairs for California's department of aging. 

"We didn't reduce funding for programs. Only for operating costs," Carr said. 

The budget analyst team that focuses on aging was in Stockton at a conference and could not be reached for comment. 


The Associated Press
Saturday April 20, 2002

Today is Saturday, April 20, the 110th day of 2002. There are 255 days left in the year. 


Highlight in History: 

On April 20, 1971, the U.S. Supreme Court upheld the use of busing to achieve racial desegregation in schools. 


On this date: 

In 1812, the fourth vice president of the United States, George Clinton, died in Washington at age 73, becoming the first vice president to die while in office. 

In 1836, the Territory of Wisconsin was established by Congress. 

In 1889, Adolf Hitler was born in Braunau, Austria. 

In 1940, RCA publicly demonstrated its new and powerful electron microscope. 

In 1945, during World War II, allied forces took control of the German cities of Nuremberg and Stuttgart. 

In 1968, Pierre Elliott Trudeau was sworn in as prime minister of Canada. 

In 1972, the manned lunar module from Apollo 16 landed on the moon. 

In 1978, a Korean Air Lines Boeing 707 crash-landed in northwestern Russia after being fired on by a Soviet interceptor after entering Soviet airspace. Two passengers were killed. 

In 1980, the first Cubans sailing to the United States as part of the massive Mariel boatlift reached Florida. 

In 1999, the Columbine High School massacre took place in Littleton, Colo., as students Eric Harris and Dylan Klebold shot and killed 12 classmates and one teacher and wounded 26 others before taking their own lives. 


Ten years ago: 

The Russian congress adopted a resolution affirming Russia’s membership in the Commonwealth of Independent States in a victory for President Boris Yeltsin. Defending champion Ibrahim Hussein of Kenya became the sixth three-time winner of the Boston Marathon, while Russia’s Olga Markova won the women’s division. 


Five years ago: 

Israeli Prime Minister Benjamin Netanyahu escaped indictment in an influence-peddling scandal, with prosecutors saying they lacked evidence. Hwang Jang Yop, a high-ranking North Korean defector, arrived in South Korea, ending a 67-day odyssey that began in China. 


One year ago: 

A Peruvian air force jet shot down a small plane carrying American missionaries in Peru’s Amazon jungle region, killing Veronica Bowers and her infant daughter, Charity. President Bush attended his first international summit as leaders of the Western Hemisphere’s 34 democracies met in Quebec to advance plans to create the world’s largest free-trade zone; police in riot gear clashed with protesters. Two therapists were convicted in Golden, Colo., of reckless child abuse in a young girl’s suffocation death during a “rebirthing” therapy session. (Connell Watkins and Julie Ponder were later sentenced to 16 years in prison.) 


Today’s Birthdays: 

Bandleader Lionel Hampton is 94. Supreme Court Justice John Paul Stevens is 82. Actress Nina Foch is 78. Singer Johnny Tillotson is 63. Actor George Takei is 62. Actor Ryan O’Neal is 61. Rock musician Craig Frost (Grand Funk; Bob Seger’s Silver Bullet Band) is 54. Actress Jessica Lange is 53. Singer Luther Vandross is 51. Actor Clint Howard is 43. Actor Crispin Glover is 38. Country singer Wade Hayes is 33. Actor Shemar Moore is 32. Rock musician Mikey Welsh is 31. Actress Carmen Electra is 30. Actor Joey Lawrence is 26. 

Images of trade center preserved in fresh films shot before Sept. 11

By David Germain The Associated Press
Saturday April 20, 2002

LOS ANGELES — The World Trade Center lives on in a handful of new films whose makers left intact their pre-Sept. 11 footage of the twin towers out of respect for the dead and defiance of the terrorists who destroyed the buildings. 

In the weeks after Sept. 11, there was a rush to excise shots of the trade towers from such comedies as “Zoolander” and “Serendipity.” Studios and film-makers felt the images would be too wrenching so soon after the terrorist attacks. 

But other movies that came out late last year such as “Vanilla Sky” and “Sidewalks of New York” included shots of the trade center. As time passes, film-makers say they sense audiences are better prepared to handle the sudden appearance of the vanished towers on screen. 

“I think it’s like our memories of a loved one,” said director Sam Raimi, who left images of the trade center in his upcoming adaptation of “Spider-Man.” “Probably right after the death of someone we love, it’s sometimes hard to look at their pictures. Then later, there’s a need to look at them.” 

A “Spider-Man” trailer that included images of the World Trade Center was quickly pulled last fall, and the action sequence depicted in that ad has been cut from the movie. But Raimi said it was important for him to leave the skyscrapers in other shots. 

“I didn’t want to erase the image of the twin towers,” Raimi said. “They’re seen throughout the course of the movie, because we didn’t want the terrorists to win.” 

Last weekend’s top box-office draw, “Changing Lanes,” included brief flashes of the trade center. “World Traveler,” a road-trip drama starring Billy Crudup and Julianne Moore that opens Friday, features a prominent skyline view of the trade center early on and a gorgeous nighttime view of the towers near the end. 

A&E home video releases another reminder of the towers April 30 with “The World Trade Center: A Modern Marvel,” a History Channel documentary completed a few months before Sept. 11 on the construction of the skyscrapers. 

“It references the events of Sept. 11, but it’s not about those events,” said Jason Campbell, marketing director at New Video, A&E’s distribution partner. “The program really is a love letter to the trade center.” 

The original script for “Men in Black II,” due out in July, included an action scene toward the end that would have showed the trade center in the background. Director Barry Sonnenfeld said that after Sept. 11, it was shifted to a rooftop with the Statue of Liberty on the horizon. 

“Men in Black II” co-star Will Smith said he thinks people are increasingly able to view trade-center pictures with wistful affection instead of pained memories. 

“Just the other day, I looked at a picture from two years ago with my kids,” Smith said. “We were at the Statue of Liberty with the twin towers in the background, and it really did feel good seeing the towers standing.” 

As the towers collapsed Sept. 11, audiences were watching “World Traveler” in a morning screening at the Toronto International Film Festival. 

Freundlich subsequently decided the trade-center images were appropriate for the film, which recounts a man’s journey to reclaim his soul. The final shots of the towers come in a dream sequence in which the man fantasizes happy endings for the troubled people he’s encountered on a cross-country ramble. 

“Him imagining everyone he met along his journey as healed, as whole again, and here’s this shot of the World Trade Center. Somehow, I felt it was paying respect to those events,” said Freundlich, who added that he’s heard only positive reaction about the images from audiences at advance screenings. “It reminds them of an innocence before Sept. 11. It is a little bit painful, but it doesn’t leave a sour taste. It’s a little bittersweet.” 

“It just worked, and I wanted it there as a symbol of my belief in the city,” Freundlich said. 

Jennifer Westfeldt and Heather Juergensen, writers and stars of the current romantic comedy “Kissing Jessica Stein,” went the opposite route, shooting new Manhattan overviews to replace trade-center footage. 

Their film screened Sept. 10 at the Toronto festival and again Sept. 12, the second screening drawing pained gasps from the audience when the trade center appeared, they said. 

“When those images came up, it really was like a kick in the solar plexus,” Juergensen said. 

“It seemed more generous and progressive to go back and shoot other buildings that still stand and speak to the beauty of New York, present and future,” Westfeldt said. “Our decision had to do with moving forward and sort of honoring how strong and noble and resilient New Yorkers have been.” 

Environmental agency settles suit over endangered species

The Associated Press
Saturday April 20, 2002

SACRAMENTO — The U.S. Environmental Protection Agency has agreed to consider for the first time in a decade how 18 commonly used pesticides may affect endangered salmon and woodland plants. 

Agency officials said they will conduct the review under a lawsuit settlement they will sign a Friday with three California environmental groups that sued over the EPA’s approval of the pesticides, which are used in fields, forests, orchards and to control weeds along highways and irrigation canals. 

Several million pounds of the pesticides are used each year on California almonds, walnuts, grapes, apples, lemons, plums, strawberries, tomatoes, broccoli and rice, the environmental groups said, citing California Department of Pesticide Regulation statistics. Use is concentrated throughout the Central Valley and along much of the Pacific Coast. 

The EPA agreed to work with the U.S. Fish and Wildlife Service and National Marine Fisheries Service, and to analyze the pesticides’ effect on seven salmon species and 33 endangered forest plants. The agency also agreed to find ways to minimize the pesticides’ effects on the endangered species. 

“These species are close to extinction and pesticides continue to pollute their habitat, but the EPA hasn’t even begun to take action,” said Patty Clary of Californians for Alternatives to Toxics. CATS joined the Environmental Protection Information Center and Humboldt Watershed Council in the lawsuit. 

Three of the pesticides have been detected in waterways at levels that may be toxic to fish, the suit contends. They are carbaryl, used on apples, strawberries, tomatoes and lawns; chlorpyrifos, used on apples, broccoli, walnuts, almonds and lawns; and diazinon, used on lettuce, almonds and plums and lawns. 

The environmental groups argued EPA’s failure to consult with its fellow federal agencies on the pesticides’ effects violated the federal Endangered Species Act. 

Rebels Write Receipts in Robbery

The Associated Press
Saturday April 20, 2002

KATMANDU, Nepal — Having just finished breakfast, a team of mountaineers in Nepal were robbed by Maoist rebels who allowed their victims to bargain over the amount to be stolen and then wrote out receipts. 

This account of the April 5 incident was given by climber Raymond Coughron, an energy management consultant from Berkeley, California, on the Web site Everest News on Friday. 

It was the first reported case in which mountaineers have been robbed by the rebels — who draw their inspiration from Chinese revolutionary leader Mao Tse-tung — since they began their violent campaign in 1996. 

Coughron was quoted as saying that, initially, the guerrillas demanded $64 plus cameras, binoculars and altimeters. 

However, after some discussion they settled for $128 per member, but none of their gear. 

The report said climbers from two other mountaineering teams were also robbed and forced to hand over the same amount of cash by the rebels. 

"After our expedition paid and were given a receipt for money received, the Maoists went to the Swiss expedition and repeated the exercise. The Spanish expedition were approached the night before," Coughron said. 

He said the guerrillas were armed with grenades and an automatic rifle. 

“It was clear that these five Maoists were not alone. In the surrounding forests many hundreds of their comrades could be seen," Coughron added. 

The incident happened while the team was on its way to a base camp on Mount Makalu, the world's fifth-tallest peak at 27,760 feet.

Pac Bell gets bad grades on customer survey

Saturday April 20, 2002

SAN FRANCISCO — Pacific Bell customers are less than thrilled with the service they’ve been getting since SBC Communications agreed to buy the company in 1996, according to a recently released survey. 

Pac Bell customers in 19 regions of the local phone service provider’s territory said service had declined since 1995, while customers in four areas said service had improved. 

The Office of Ratepayer Advocates, the consumer advocacy arm of the California Public Utilities Commission, conducted the survey and released the results this week. 

Nearly a third of Pac Bell customers said that repair times and installations involved long waits. Seven years ago, only 19 percent of customers surveyed reported such problems. The consumer advocate office also found customer dissatisfaction when dealing with Pac Bell office personnel. 

Pac Bell denies its performance has suffered in recent years. 

“We are doing better in achieving service quality results than at any time in the past several years,” Chuck Smith, president of network operations for Pac Bell, said earlier this week. “We’re focused on delivering the difference to our customers and we’re proud of our performance.” 



The Office of Ratepayer Advocates sent out 7,200 surveys to a random selection of customers and received roughly 900 responses. 

Sketching out the real art from the process

By Matt Artz Daily Planet Staff
Saturday April 20, 2002

The exhibition, on display at Traywick Gallery through May 4, marks new ground for a process artist who has documented the marginal events of everyday life, not through the lens of the camera, but via the unlocked complexity of photographic paper.  

Working primarily with black and white paper, the processes Breuer has engineered for composing his “photographic sketches” are remarkable both for their simplicity and their harshness.In the darkroom, he often exposes his paper to an array of items.Milk, Windex, bread, mold, and other objects adopted from familiar routines are recorded on to the paper.  

But Breuer has learned that he can make paper react to stimuli other than light.In different works he subjects the paper to heat guns, drills, irons, knives, and sanders.These devices enable Breuer to manipulate the paper’s emulsion, drawing color from black and white paper and generating a final image whose design is as interesting as its process.  

For his current exhibition at the Traywick, Breuer employs similar processes, but expands his repertoire to include color photographic paper and untreated drawing paper.The new mediums allow Breuer to revisit past methods to create new designs in different settings.  

“It is a challenge to maintain the necessary amount of surprise,” said Breuer who has worked in this realm of photography for over ten years.“As you get to know your material intimately the responses become more predictable.Working with different recording devices and different formats is a way to keep the unknown in the process.”  

Breuer executed two works at the gallery.In both, his processes not only generated an intriguing image on the paper, but also scarred adjacent gallery walls.  

In “Untitled, Zapped” Breuer connected two live wires plugged into an outlet on the gallery’s wall, and then touched them to the drawing paper on the wall, creating a sketch that looks like a meteor zigzagging its way through space.“I have worked with electricity for quite a while, but photographic paper has always been too fast to record the results properly,” said Breuer.  

The sketches exude a mysterious quality.Breuer chooses to name all of his work “Untitled”, but offers the observer a written clue as to how the sketch was created. 

“I don’t want to direct the viewer too much,” said Breuer.“There is no right way or wrong way to see a piece.”  

“Untitled,(C-38) chromogenic paper, sanded” at first glance looks like a photograph of a star-filled sky.But on closer inspection, the pellets of light layered on the negative’s surface are so fuzzy that the image best resembles what might be seen when one stares directly into cupped hands placed directly over one’s eyes.  

To achieve this affect, Breuer used sand paper to abrade the surface of the chromogenic paper and then developed the picture as a negative.  

Breuer’s art displays a softness and elaborate richness that belie its origins.Not surprisingly, he acknowledges that he makes aesthetic choices in his work.“I consider much of my work a walk a long this line: (between) the desire to control the outcome and the realization that these impulses need to be held in check.”  


























Baby, I’m back,’

The Associated Press
Saturday April 20, 2002

NEW YORK — A Wall Street TV showdown began Friday night as financial journalist Louis Rukeyser returned to the air. 

Less than a month after his unexpected exit as host of public television’s “Wall $treet Week,” he was back with a brand-new show, “Louis Rukeyser’s Wall Street,” on financial cable network CNBC. 

“Well, as I was saying when I was so rudely interrupted,” he began, wearing his avuncular smirk, “welcome back.” 

“How has Wall Street behaved in my brief, unintended three-week absence?” he continued. “The financial markets went on a three-week crying jag, ending only this week .... Purely a coincidence, I’m sure.” 

The 69-year-old Rukeyser is poised directly opposite “Wall $treet Week,” the program he created 32 years ago then quit last month rather than go along with producer Maryland Public Television’s plan to demote him and bring in younger hosts. 

The format for Rukeyser’s new show seemed almost identical to his old show — a leisurely and gentlemanly chatfest with market experts discussing financial affairs, conducted in what looked like a woody, leathery salon. 

Over on PBS at the same time, “Wall $treet Week” was hewing to somewhat the same format, but instead of Rukeyser, it was Ray Brady, formerly of CBS News, who filled in. 

Taped a couple of hours before airtime, Rukeyser’s new show originates from CNBC studios in Fort Lee, N.J., while “Wall $treet Week” continues from MPT headquarters in Owings Mills, Md. 

It was in March that MPT created a firestorm by announcing plans to modernize the show and naming Fortune magazine editor Geoffrey Colvin as host. That revamped version, to be unveiled in June, will be called “Wall $treet Week with Fortune.” 

Longtime fans of Rukeyser were aghast at the news, but immediately Rukeyser put himself on the market and, April 9, announced he would set up shop at CNBC, which is offering the program to PBS stations as well. 

Despite being a commercial network, CNBC is airing his show with underwriter support and no advertising interruptions — the same sort of arrangement public television enjoys. Shrewdly hedging its bets Friday, Oppenheimer Funds partially underwrote each rival show. 

Connerly’s ‘Racial Privacy Initiative’ likely to appear on November ballot

By Justin Pritchard The Associated Press
Saturday April 20, 2002

SAN FRANCISCO — Ward Connerly proposes a California so colorblind that government officials would not be allowed to classify people by race. 

Voters will get to decide as early as November whether they share that vision. A signature drive ending Friday appears to have gained enough support to put his Racial Privacy Initiative on the state’s ballot. 

Six years ago, Connerly’s Proposition 209 abolished affirmative action in California. His latest ballot measure would ban state and local governments from recording race. Critics say the change would wreck anti-discrimination efforts in law enforcement, public health, education and other areas. 

Connerly believes gathering race data does not help people, and certainly cannot prove discrimination. The NBA, he said, is disproportionately black, but “does that mean the NBA is discriminating against whites or Asians or Latinos?” 

The proposition does sound good to Ricardo Guajardo, a 20-year-old Mexican-American student at the San Francisco Academy of Art. 

“It’s none of their business,” Guajardo said. “We’re all people whether we are black, white or Asian. We should all be treated equally.” 

Of course that’s true, say Connerly’s critics, but the data helps the state spot areas where whites, blacks, Hispanics and Asians are treated differently by everyone from loan officers and landlords to teachers and doctors. 

“It’s a little bit like burning books to me,” said Carmen Nevarez, a doctor and medical director at the Berkeley-based Public Health Institute. “Why would you take a piece of information that’s useful and say it’s against the law?” 

Ailments such as breast cancer, diabetes and asthma afflict each race differently, Nevarez said. Eliminating race from the patient’s chart could obscure a disease cluster among one racial group and delay its treatment. 

On Friday, Connerly’s American Civil Rights Coalition will submit nearly 1 million signatures in support of his Racial Privacy Initiative. If state and county agencies certify by June 24 that 670,000 of the names are legitimate, voters will decide in November. 

Otherwise, it’s spring 2004, which Connerly would prefer. He doesn’t want the initiative to become a wedge issue in the governor’s campaign leading up to this November. 

The delay would also allow for a more aggressive publicity campaign. Connerly said he’s already raised and spent $2 million, but much of that went to professional signature-gathering firms. 

Those firms failed to get the million-plus signatures that could have enabled them to use a faster, statistical method of qualifying the proposition, so each of the state’s 58 counties must review the signatures. 

Connerly said he thinks the counties will meet the June deadline for the November ballot, but he’ll be happier if they miss it. 

“I don’t know if now’s the right time or not,” Connerly said. “All I can say, is if not now, when?” 

For critics, the answer is never. 

Veronica Keiffer, a 26-year-old diversity consultant in Fremont, said Connerly’s idea is good — in principle — but ultimately naive. 

“We are a race-based society,” said Keiffer, the daughter of a white mother and a black father. “To say, ‘Let’s just not use race, we’re not going to use those terms anymore,’ is pretty much saying, ‘I’ll pretend you’re like me and race doesn’t matter,’ when we know it does.” 

Pac Bell gets bad grades on PUC customer survey

Saturday April 20, 2002

SAN FRANCISCO — Pacific Bell customers are less than thrilled with the service they’ve been getting since SBC Communications agreed to buy the company in 1996, according to a recently released survey. 

Pac Bell customers in 19 regions of the local phone service provider’s territory said service had declined since 1995, while customers in four areas said service had improved. 

The Office of Ratepayer Advocates, the consumer advocacy arm of the California Public Utilities Commission, conducted the survey and released the results this week. 

Nearly a third of Pac Bell customers said that repair times and installations involved long waits. Seven years ago, only 19 percent of customers surveyed reported such problems. The consumer advocate office also found customer dissatisfaction when dealing with Pac Bell office personnel. 

Pac Bell denies its performance has suffered in recent years. 

“We are doing better in achieving service quality results than at any time in the past several years,” Chuck Smith, president of network operations for Pac Bell, said earlier this week. “We’re focused on delivering the difference to our customers and we’re proud of our performance.” 

The Office of Ratepayer Advocates sent out 7,200 surveys to a random selection of customers and received roughly 900 responses.

Sun Microsystems reports narrower third-quarter loss than anticipated

The Associated Press
Saturday April 20, 2002

SAN JOSE, Calif. — Sun Microsystems Inc. posted a slim third-quarter loss that beat Wall Street expectations by a penny, though the company — still faced with slumping demand for high-powered network servers and workstations — had sequentially flat revenues. 

The company also said Thursday afternoon it planned to cut 1,000 jobs from its staff of roughly 39,000 over the next six to nine months. The layoffs will come through attrition, performance reviews and paring redundancies, the company said. 

For the three months ended March 31, the Palo Alto-based network equipment maker reported a net loss of $37 million, or a penny per share, on revenues of $3.1 billion. In the comparable period last year, Sun earned $136 million, or 4 cents a share, on revenue of $4.1 billion. 

Excluding one-time items, the company said it lost $26 million, or a penny a share, compared to a profit of $145 million, or 4 cents a share, in the year-ago period. 

Analysts were projecting a loss of 2 cents a share on revenue of $3.2 billion for the third quarter, according to a survey by Thomson Financial/First Call. 

Sun officials said the economic environment is still challenging, but the company still expects to return to profitability in the current quarter as previously forecast. 

“My take is that activity level is increasing, but you still have to fight for every deal,” Ed Zanders, company president and chief operating officer, told analysts during a conference call. “Every CIO is forced to do more with less.” 

After strong growth during the high-tech boom, Sun was hit hard as large companies reduced spending and dot-coms shut down. 

But Sun has been executing well in controlling costs and introducing new products, said Eric Rothdeutsch, analyst with Robertson Stephens. Yet with demand still weak, the company’s revenue is inevitably affected, he said. 

“They’re doing the right things,” and that should help the company sustain profitability from the current quarter onward, said Brent Bracelin, a Pacific Crest Securities analyst. 

In addition, if IT spending starts to pick up again in the second half of the year as some industry observers expect and companies continue to migrate toward even higher-end servers, Sun is in a good position to benefit, analysts say. 

“Folks are coming up on three-year maintenance contracts that are starting to expire, and they’re looking to move from, say, 10 servers down to five, and that plays well into Sun’s core market,” Bracelin said. 

Shares of Sun rose 29 cents to close at $8.52 in regular trading on the Nasdaq Stock Market, and fell 27 cents to $8.25 in after-hours trading. 

For the nine months ending in March, the company said it lost $648 million on revenues of $9.1 billion. In the same period a year ago, the company earned $1 billion on sales of $14.2 billion.

Former exec accuses AMD of anti-Arab discrimination

The Associated Press
Saturday April 20, 2002

SUNNYVALE, Calif. — A former senior vice president for Advanced Micro Devices Inc. claims in a lawsuit that the computer chip maker’s top two officials humiliated him and forced him out because he is an Arab-American. 

Walid Maghribi’s lawsuit filed Thursday in federal court in San Jose claims the discrimination started after the Sept. 11 terrorist attacks. 

Maghribi said AMD’s president, Hector Ruiz, and its founder and chief executive, Jerry Sanders, made ethnic slurs and gave him demeaning tasks that led him to quit his job on March 1 after 16 years with the company. Ruiz is set to succeed Sanders as CEO this year. 

AMD spokesman John Greenagel called the lawsuit “utterly without merit” and said the Sunnyvale-based company would fight it. 

Maghribi made more than $1.5 million in salary and bonuses with AMD last year, according to records filed with the Securities and Exchange Commission. 

He contends Sanders began to treat him poorly after learning that Maghribi, who was born in Lebanon, is an Arab and a Muslim, and said the CEO withdrew his support for a business deal Maghribi was overseeing. 

SF’s Williams-Sonoma declares 2-for-1 split

The Associated Press
Saturday April 20, 2002

SAN FRANCISCO — Williams-Sonoma Inc. said Wednesday it has raised its guidance for 2002 and the first two fiscal quarters of the year, citing stronger sales, better-than-expected gross margins and the success of its cost-management initiatives. 

The San Francisco home-product retailer also declared a 2-for-1 stock split, payable May 9 to shareholders of record April 29. The company hopes to improve market liquidity and demonstrate its confidence in the long-term growth of its brands through this move. 

Williams-Sonoma has about 57 million shares outstanding. Shares of Williams-Sonoma were up $5.49, or more than 11.5 percent, to close at $52.85 in trading on the New York Stock Exchange Wednesday. 

For the 2002 fiscal first quarter ending May 5, Williams-Sonoma expects to earn 17 cents to 19 cents a share, up from a previous view of 3 cents to 4 cents a share and analysts’ consensus estimate of 4 cents a share, according to Thomson Financial/First Call. 

It expects first-quarter revenue of $465 million to $475 million, up from an earlier estimated range of $461 million to $471 million. 

In the first quarter 2001, the company earned $492,000, or 1 cent a share. 

“This is the strongest first-quarter performance in the history of the company,” Chairman Howard Lester said in a release. 

While boosting its guidance, Williams-Sonoma also revised its previous fourth quarter and 2001 financial results, citing changes to its accounting of revenue recognition. 

The firm’s decision follows much-publicized Securities and Exchange Commission inquiries on revenue-recognition practices in various industries. 

Williams-Sonoma worked with the SEC and decided to recognize revenue when it delivered for all merchandise shipped to customers from its distribution warehouses. 

As a result, earnings for the fourth quarter and 2001 declined $1.01 million, or 2 cents a share, putting revised fourth-quarter earnings at $69.4 million, or $1.18 a share, on revenue of $778 million. 

On March 11, the company posted initial fourth-quarter earnings of $70.4 million, or $1.20 a diluted share, on revenue of $787.4 million. 

Earth Day focuses on alternative transportation, power

By Craig Hampshire Special to the Daily Planet
Friday April 19, 2002

Berkeley Earth Day 2002 – the 32nd anniversary of the national environmental awareness day – is Saturday. 

This year a free event in Civic Center Park will commemorate and celebrate Earth Day with an Eco-Motion Parade beginning at 11 a.m. Children and adults will walk, bike, use electric go carts, cars and other non-polluting transportation, according to Karen Hester, the coordinator for Berkeley Earth Day. 

“We celebrate different types of alternative transportation,” Hester said. “We have a three-person solar powered skateboard.” 

This parade, although small, is very spirited, Hester said, with a normal attendance of several hundred people. 

Hester, an outspoken environmentalist, has been organizing the event for eight years. Since its inception, the city of Berkeley has invested money for environmental education as well as a way for families to celebrate by spending quality time together. 

“It is a way for people to get information about how to walk more lightly on the planet,” Hester said. 

Berkeley Earth Day 2002 will also feature a number of booths, including the Ecology Center, the Sierra Club, the Berkeley Farmer’s Market and the California Donor Transplant Network, which will give people the opportunity to recycle themselves, she said. 

Other participants with booths include such topics as residential solar power, bee keeping, candle making and Save the Bay. 

Kirk Lumpkin, the special events coordinator for the Berkeley Farmer’s Market, said the group is expecting a large turnout at the Market setup. 

“Our organization will have a bunch of environmental topics,” Lumpkin said. “We’ll have some petitions there. It is an opportunity to ask questions.” 

Children will get to plant seeds as part of the Bay Area Seed Interchange Library. The Farmer’s Market will also have information about the Bay Area Coalition for Headwaters and the Berkeley Community Gardening Collaborative. 

Further information will be available for teachers about Terrain for Schools, a program that can be instituted into the teacher’s curriculum, Lumpkin said. Farmers will talk about issues in agriculture. 

Other activities for Earth Day 2002 include Venezuelan, Hawaiian, funk, rock and West African dance music. Interested residents also may climb a wall, do children’s Eco-Art, eat vegetarian food and beer, and go on bicycle hayrides. 

Meanwhile, at the Regional Parks Botanic Garden in Tilden Regional Park, the annual California native plant sale involves plants not available in commercial nurseries, according to Ned MacKay with the East Bay Regional Park District. Sale plants include bulbs, manzanitas, sages, firs, Ceanothus, native grasses and Douglas Iris, among others. 

“All sales benefit the Botanic Garden and its programs,” according to MacKay. 

The garden is located on Wildcat Canyon Road at the foot of South Park Drive near the Brazil Building in Tilden Regional Park. Admission is free. For more information, call (510) 841-8732. 

In 1970, Earth Day was established when 20 million Americans took to the streets to demonstrate for a healthy environment. Here in the Bay area, events run from Saturday through April 28. 

For more information about Berkeley Earth Day 2002, go to www.bayareaearthday.net or visit Hester’s Web site at www.hesternet.net. 


Rally against “War on Terrorism”

Arianne Stocking San Rafael
Friday April 19, 2002

To The Editor: 


On Saturday, April 20, there will be simultaneous rallies in several American cities to protest aspects of the current administration's “War on Terrorism.” In the current political climate, I fear there are many citizens and members of the media who will condemn such protests as unpatriotic, offensive, or otherwise threatening. 

I am writing to remind all of us that we live in a democracy whose very heart and soul is the freedom of individual expression and the peaceful, public exchange of differing ideas. 

These, along with our voting rights, are the core of what we call “the democratic process” which shapes our public policy. 

Many of us who sincerely love our country believe that the best interests of the United States are not currently being served and the issues are not being adequately debated. We reject the bleak vision of an “endless war” as the only solution. We are defiantly concerned that our civil rights are being eroded further with each new potential “threat.” 

We are suspicious that our government is exploiting the very real national and human tragedy of last September to promote its much narrower military, social and economic agenda. And we are truly saddened and appalled that our nation is threatening to use its military power all over the globe and in violation of the borders of every sovereign nation which does not cooperate with us. 

You may not agree with these views, but I trust and hopethat you will welcome our constructive protests as the encouraging signs of a healthy and vibrant democracy, not as something disrespectful or unpatriotic. 


- Arianne Stocking 

San Rafael 




Karamazov Bros. juggle humor unevenly at roda

By John Angell Grant Special to the Daily Planet
Friday April 19, 2002

The Flying Karamazov Brothers started out as street jugglers from U.C. Santa Cruz who performed around San Francisco in the mid-1970s. I remember watching them work a crowd of tourists one afternoon at the end of the Hyde Street cable car line near Fisherman’s Wharf. 

In 1983, Robert Woodruff (co-founder of San Francisco’s Eureka Theatre, and incoming artistic director of Harvard University’s renowned American Repertory Theatre) cast them in a vaudeville-style production of Shakespeare’s "Comedy of Errors." 

That show played the Goodman Theatre in Chicago and New York’s Lincoln Center. It was later taped and shown on PBS. 

"Comedy of Errors" put the Flying Karamazov Brothers on the map. Since then the brothers have played prestigious venues worldwide. 

On Tuesday, the Flying Karamazov Brothers opened their new show "L’Universe" at the Berkeley Rep’s Roda Theater. This is not a production by the Berkeley Rep, but a rental of the theatre to an outside group. The Brothers will be there for a month. 

In some scenes of "L’Universe," the brothers play scientists Aristotle, Galileo, Newton and Einstein. They do a patter about science while they juggle. Fancy electronic equipment allows them to perform selected segments using computerized visual and musical effects. 

But the show, written by brothers Paul Magid and Howard Jay Patterson, is an episodic hodge-podge with no real story or center or evolution or build. It’s a string of segments, some of which work better than others. And running more than two hours, it’s a long string of segments. 

In one of the better bits, a wired virtual suit turns an audience volunteer into a human musical instrument, as the brothers guide him through a very complex and amusing set of instructions. In another funny moment, three brothers use their six hands in changing combinations to share tasks of juggling while playing a guitar and flute. 

But many of the segments lack flair. Early on, for example, one brother juggles in sync and then out of sync with his shadow, which is played by a different brother behind a back-lit scrim. Since the brothers are not precision movement performers, the effect looks sloppy. 

Elsewhere they play volleyball, of sorts, with the moon projected on a large computer screen upstage, bringing in an audience member to join the game. The edges of the ball on the screen, however, interact imprecisely with the human hands hitting it, taking much of the gas out of the illusion. 

Later Galileo (Mark Ettinger) sings his story while playing the accordion. The song is supposed to be funny, but isn’t. 



See KARAMAZOV/Page 22 



Elsewhere the brothers bang gongs on large pendulums to play out a simple tune after Newton (Patterson) makes points about the laws of motion. The choreography in this segment is weak. 

In general, the brothers are not particularly strong actors. They are street satirists, and when they have to act, they’re in trouble. 

Further, the show’s vaunted M.I.T. computer gadgetry proves anticlimactic. Its effects are not put to skillful story or performance use compared with, say, one of George Coates’ high-tech extravaganzas. The musical segments seem amateurish. 

Nor is the science part of the script particularly entertaining or insightful. Aristotle (Roderick Kimball), for example, says he made up his scientific theories and didn’t mean them. Is that funny? 

There is a simplistic redneck anti-science feel to it all. When Einstein cites two people hugging as an example of gravitational force, you realize that the brothers are unclear on the concept. 

Their idea in this show that juggling is behind the mystery of the universe may be true, but when it comes to employing the details of the history of physics and cosmology in their script, the brothers are in over their heads. 

"L’Universe," presented by the Flying Karamazov Brothers at Berkeley Rep’s Roda Theater, 2025 Addison Street, through May 19. Call (510) 647-2949, or visit www.fkb.com.

Friday April 19, 2002




Community Produce Stands 

Affordable, high-quality nutritious fresh fruit, vegetables, eggs and apple juice. Organic and low residue produce. Support small independent African -American, Latino and Asian Farmers continue to farm in environmentally sound ways. 

4 to 6 p.m., every Tuesday 

Three Locations:  

The Young Adult Project at Oregon and Grant, Bahia on Eighth Street at James Kenny Park and The Berkeley Youth Alternative at Bonar and Allston Way. 


Michelangelo Did This? 

8 p.m. 

Thurs, Fri., Sat. through May 11th 

Exit Theatre 

156 Eddy St. 

San Francisco 




Berkeley Camera Club 

7:30 p.m. 

Northbrae Community Church 

941 The Alameda 

Share your slides and prints and learn what other photographers are doing. 525-3565. 


Low-Cost Hatha Yoga Class 

6:30 p.m. 

James Kenney Recreation Center 

1720 8Eighth St. 

$6 per class. 981-6651. 


Mandela Arts DJ Workshop 

For ages 16-22 

Tuesdays 6:30-8 p.m. 

1357 5Fifth St. (across from West Oakland BART) 




National Credit Union Youth Week 

Cooperative Center Federal Credit Union offers any Berkeley youth between ages 1 to 17 a $5 credit when they open a “Youth Savers” account along with a “Financial Smartz” Educational packet with $15 of gift certificates. 

2001 Ashby 



Friday, April 19



City Commons Club 

12:30 p.m. 

2315 Durant Ave.  

“Whither U.S. - Japan Relations?” Steven Vogel, Professor of Political Science, UC Berkeley. $1. 848-3533. 


Hip-Hop for Vieques 

A night of Culture and Food: Prophets of Rage, DJ’s, Grupo Folklorico Raule Afro-Puerto Rican Drumming and Dancing 

8 p.m.- doors open and dinner begins 

1928 Telegraph (Between 19th and 20th- 19th St. BART) 

$6 before 10 p.m. 



Mandela Arts Freestyle Fridays 

Dancing, Hip-Hop, Breakdancing, Live DJ 

5-8:30 p.m. 

1357 Fifth St. (near West Oakland BART), Oakland 




(Previews begin) 

Through June 23rd 

Berkeley Repertory Theatre 

2025 Addisons St., Berkeley 

Previews, $38, Tue/Th (8 p.m.) $42, Wed (7 p.m.), Thu/Sat/Sun matinee (2 p.m.), Sun (7 p.m.) $44, Wed opening/Fri eve (8 p.m.) $47, Sat (8 p.m.) $54 

Discounts: 20 half price HotTix go on sale at noon Tues. - Fri., Student/Senior half-price Rush one half hour before curtain, $16 for under 30, with valid ID, some restrictions apply. 

510-647-2949 or 888 4BRTTix, www.berkeleyrep.org 


Marimba Pacifica 

The Bay Area’s Premiere Marimba ensemble, a unique mixture of joyous World Beat dance music along with first Bay Area appearance of Dijaly Kunda Kouyate, traditional Griot Music from West Africa.  

Doors 8:30 p.m., music 9 p.m. 


San Pablo at Gilman 


510-525-5054 or band and CD info 510-532-3579 


Standup Comedy 

8 p.m. 

Julia Morgan Theater 

2640 College Ave. 

A special one night only East bay appearance by standup comedian Scott Capurro. $16.50. 925-798-1300, www.scottcapurro.com 


A Benefit for The Cartoon Museum 

The Rent Party 

Live music by Nik Phelps & the Sprocket Ensemble, animation by Jason Shiga and other artists. Partygoers mix & mingle with talented cartoonists and comic-book creators.  

8 p.m. 

The Cartoon Art museum 

655 Mission St. 

San Francisco 


415-CAR-TOON, www.cartoonart.org 


Saturday, April 20



Berkeley Alliance of  

Neighborhood Associations  



Live Oak Park 

1301 Shattuck Ave., Berkeley 

Hear the latest news for the city wide network and confab for neighbors and their groups.  



California State Parks  

Foundation’s Earth Day  


Forty Eight State and Community Parks throughout California host a variety of projects including recycling bin installation, planting of native trees and flowers, restoration of trails and wildlife habitats and an underwater cleanup along the coast. Volunteers of all ages needed  

9 a.m. to 1 p.m. 

For more information about volunteering for the 2002 Earth Day Restoration and Cleanup call 1-888-98-PARKS or visit the web site at www.calparks.org 


Eastshore State Park - Earth Day Project 

Clean-up Two beaches, removing debris and other materials that have washed up. 100 Volunteers needed, Bring gloves, sturdy shoes, water and sun-block. Supported by Starbucks of Alameda. 

10 a.m. to 2 p.m. 

Meet at Brickyard Beach, behind the Seabreeze Deli, go west off University Avenue from either direction on I-80. 

Further information: 510-544-2515 


Word Beat Reading Series 

7-9 p.m. 

458 Perkins at Grand, Oakland 

Entertainment of kinds come together for this free show, featuring readers “Vampyre” Mike Kassel and Eve Sutton. 

For more information: 526-5985, www.angelfire.com/poetry/wordbeat 


Mumia’s Freedom in a 9-11 World 

7:30 p.m. 

St. Joseph the Worker Church 

1640 Addison 

Historian Howard Zinn and Pulitzer novelist Alice Walker will speak at a legal benefit for death-row inmate Mumia Abu-Jamal. $20. 415-695-7745. 


Annual California Native Plant Sale 

10 - 3 p.m. 

Tilden Park 

Regional Parks Botanical Garden 

South Park Dr. and Wildcat Canyon Rd. 

For more information call 841-8732. 


2nd Annual Self-Care and Wellness Practices Fair 

9 - 3 p.m. 

Alta Bates Hospital 

2450 Ashby 

Self Care and Wellness Practices fair offers participatory workshops and a health fair featuring booths, free consultations, demonstrations, mini-classes and health information. 530-5611 


Community Music Day 

noon - 5 p.m. 

Crowden Music Center 

1475 Rose St. 

Free concerts, an instrument petting zoo, Tatsumaki Taido, and other family activities. 559-6910, www.thecrowdenschool.org.  


Friends of Albany Seniors White Elephant Sale 

10 am - 2 pm 

846 Masonic Ave. 

All proceeds to benefit the Albany Senior Center.  

Home-made crafts, jewelry and baked goods will also be for sale!  

Donations to sell are being eagerly accepted through Friday, April 19th 


Free Puppet Shows 

1:30 and 2:30 p.m. 

Hall of Health 

2230 Shattuck Ave. 

Educational puppet troupe, Kids on the Block, will include puppets from diverse cultures with such conditions as cerebal palsy, blindness, arthritis, Down syndrome, leukemia and spina bifida. Free. 549-1564, www.hallofhealth.org.  


Three Films to Honor Judi Bari/Benefit the Earth First! 

Lawsuit and Heritage Tree  


7 - 9 p.m. 

Berkeley Fellowship Unitarian Universalists 

1924 Cedar 

“Viva Judi Bari!”; “Timber Gap”; “Conquest of the Giants - Mankind’s Historic View of the World Challenged”; 655-4601.  


Building Education Center 

“Earthquake Retrofiting” seminar taught by Tony DeMascole and seismic contractor Jim Gillett. $75 

10 a.m- 5 p.m. 

812 Page  



Regional Conference and Convergence, World Week for Animals in Laboratories (WWAIL)  

10 a.m. until 6 p.m.  

Berkeley Unitarian Fellowship, 1606 Bonita Ave. (at Cedar)  

Public Contact: ARDAC voicemail: 415.364.3053  

The conference will include experts and activists speaking on a variety of issues, including: debunking the myths of animal experimentation, the ABCs of anti-vivisection activism, and the campaign against HLS.  

FREE - Events for WWAIL , will run from Friday April 19th through Monday April 22nd.  

Animal Rights Direct Action Coalition 

740A 14th St. #177, San Francisco, CA 94114 

(415) 364 3053; www.ardac.org 


Low-Cost Hatha Yoga Class 

10 a.m. 

James Kenney Recreation Center 

1720 Eighth St. 

$6 per class. 981-6651. 


The Blessing of the Stained Glass Triptych designed by David Goines 

3 p.m. 

Saint Mary Magdalen Church, Reception Following 

2005 Berryman St. 


Live Afro-Latino Hip-Hop 

\Doors at 9 p.m. 

VooDoo Lounge 

2937 Mission St. 

San Francisco 




UC Davis Picnic Day 

Open House for the University of California, Davis. This hallmark event has been designed to showcase and celebrate the richness of campus life, the diverse achievements of UCD students, staff and faculty and to provide a day of education, information and entertainment for all who attend. There will be more than 150 events throughout campus, including the riotous band “The Blow Kings” who appear in Freeborn Hall from 3-4 p.m.  



420 Hemp Festival 

Saturday, April 20 and Sunday, April 21 

Zigaboo Modeliste and the New Aahkesstra, Extra Action Marching Band, 20 bands and DJ’s, Hemp Bazaar, Special Guests and more! 

Doors: 4 p.m., show 4:20 p.m.- 4:20 a.m. 

Studio Z (formerly the Transmission Theater) secure parking at 11th and Harrison streets, Saturday $22, Sunday $20 

415-486-8083, Tickets: Cannabisaction.net 


Sunday, April 21



Local RAWA Solidarity Group featuring Jello Biafra presents Heads Up and anti-war collective 

5:00 PM 

924 Gilman St., Berkeley, CA 

All Ages / $5-7 


Harum Scarum (Portland, OR) 

What Happens Next (SF/BAY, CA) 

Iowaska (U.K.- Alternative Tentacles) 

Fleshies (Oakland, CA – Alternative Tentacles) 

Desobedencia Civil (Mexico D.F.) 

For more details contact: Michelle at (415)282-9784 or e-mail michelle@alternativetentacles.com 


4-20 Free The Herb Celebration 

With Master of Ceremonies, Woody Harrelson and music of Fantuzzi and the Flexibles- a high energy blend or world beat, rainbow music and “Hamsa Lila” a unique blend of North African Music. 

Precita Park 

At Folsom Street and Precita Ave. (One block West of Cesar Chavez) 



“In Search of a practical Philosophy of Nature” 

Presented by Sterling Bunnell 

We nowadays tend to view nature in strangely contradictory ways -- either as a sacred relic to be kept pristine and under glass or as a resource to be exploited and plundered. Yet in actuality the living world is our community and extended family and we are completely dependent on it for our well-being and survival. Respectful interaction is therefore required. Many 

historical and present examples can show us ways to work with nature for our mutual benefits. 

Fellowship of Humanity 

12 p.m. 

411 28 th Street & 390 27 th Street, ( between Telegraph & Brd.way) 

Oakland, CA 94609 

Tel: 510-451-5818, HumanistHall@yahoo.com 


Music, Animation, Film 

Nik Phelps & Nina Paley will discuss how they work individually and together on projects.  

Reception at 7, talks at 7:30 

The Oakland Art Gallery 

150 Frank Ogawa Plaza 2 

14th & Brd.way, Oakland 

510-268-4978, www.artship.org 


’Jackets clinch title with win over Alameda

By Jared Green Daily Planet Staff
Friday April 19, 2002

The Berkeley High boys’ tennis team won their second straight ACCAL title Thursday with a 5-2 win over second-place Alameda, an identical result to the teams’ first meeting a month ago. 

Berkeley (10-1, 8-0 ACCAL) won all three doubles matches in straight sets, and No. 3 single Nate Simmons clinched the ’Jackets’ victory and championship with a grueling three-setter over Patrick Wong, 4-6, 6-0, 6-2. Simmons used a variety of slice and topspin groundstrokes to run his oppenent all over the court, saving a reserve for the end and winning the final five games of the match.  

“I just outlasted (Wong),” Simmons said. “It looked like he gave up at the end. I just wanted to keep the ball alive and on the court and let him make mistakes.” 

Simmons shook off losing the first set with little difficulty. 

“I know that a lot of players will let up a little after winning the first set,” he said. “I focused on winning the first couple games of the second set, and when I won those I knew I was in good shape.” 

No. 4 single Peter Logan put the icing on the cake with Berkeley’s final win of the day over Chris Chung. 

The Hornets (6-2 ACCAL) got their wins in the top singles matches, although not as convincingly as in the first match. On March 26, Berkeley’s Nicky Baum and Jonah Schrogin combined to win just three games; on Thursday, they took nine.  

Baum was again matched up against Alameda ace Daniel Elefant, one of Northern California’s top players. Elefant is a classic baseliner with a booming serve, and Baum wasn’t able to break him and get a streak going, with their match the first to end. 

Schrogin, on the other hand, hung around for quite a while, although he couldn’t get enough momentum to win a set from No. 2 Tommy Tu. Despite Schrogin’s winning just five games, long rallies stretched the match out to nearly two hours. Tu has handed Schrogin his only two losses of the season, but the Berkeley senior knew his teammates would pick him up, just as they did a month ago. 

“Our team is solid all the way through, from No. 1 singles to No. 3 doubles,” Schrogin said. “I don’t feel like I have to win for our team to get a win.” 

The most crowd-pleasing match of the day was at No. 1 doubles. Alameda’s Alex Griffin injected some life into the day with his unusually vocal play, exhorting his teammates while playing his own match. Although partner Gary Chow didn’t join in, the Berkeley team of Quincy Moore and Ben Chambers had a little extra incentive to beat Griffin with the biggest crowd of the year watching. 

“I’d say (Griffin’s) talking raised the intensity level of the match,” Chambers said. 

Moore and Chambers won the first set easily at 6-3, but the Hornet team came back to force a tie-break in the second set. Things stayed knotted until 8-8, when Moore smacked a cross-court winner and Griffin put the next point into the net, giving the ’Jackets their third win of the day. 

Berkeley’s other doubles teams, Takafumi Katsuura and Nick Larsson and Shahaub Roudbari and Harris Epstein, made short work of their opponents. Katsuura and Larsson won 6-3, 6-1, while Roudbari and Epstein won 6-3, 6-4. 

As ACCAL champion, the ’Jackets won an automatic berth in the North Coast Section team playoffs. The NCS seeding committee hasn’t been kind to Berkeley in the past, handing them first-round matches against powerful Campolindo the past two seasons. Berkeley head coach Dan Seguin hopes wins over Head Royce and Piedmont will convince the committee that Berkeley isn’t a weak champion from a weak league. 

“We’re playing well right now, and everyone’s doing their job,” Seguin said. “If we keep it up, we could go a couple rounds into the NCS.” 

Seguin has scheduled a last-minute match against De La Salle for next Friday, and a quality win against the Spartans could help the ’Jackets’ playoff seed.

Residents challenge city attorney

By Devona Walker Daily Planet Staff
Friday April 19, 2002

Community members formally requested an opportunity to evaluate the performance of City Attorney Manuela Albuquerque on Wednesday prior to the annual evaluation of the city manager’s office. 

Members of the Landmark Preservation Commission, currently entangled in a pending lawsuit against the city over a ruling that Albuquerque made regarding the Temple Beth El project and members of Nuclear-Free Berkeley, have openly criticized several of Alburquerque’s rulings. 

Elliott Cohen of Nuclear Free Berkeley recounted several of Alburquerque’s rulings that he found contradictory to the objectives of the citizens of Berkeley.  

“In one ruling the judge actually said to her that she should be arguing the other guy’s case,” Cohen said. 

But the city attorney’s primary responsibility is not to keep commissioners or citizens happy with her decisions by to keep the city out of legal binds and to recoup what is owed to the city, according to Assistant City Attorney Zach Cowan. 


See ATTORNEY/Page 3 

“We defend the city, advise the city and deal with legal issues as they come up,” Cowan said, adding that the city attorney is in large part advising the city on how stay out of legal entanglements. 

He also said that legal interpretations of the law are quite common, and that different interpretations of what is fair is basically at the crux of the pending lawsuit between the city and three members of the Landmark Preservation Commission. 

The lawsuit involves the fact that Albuquerque told four members of the commission who were also in the Berkeley Architectural Heritage Association and who had previously weighed in on expansion plans of Temple Beth El to recuse themselves from voting on the issue again because it was in clear violation of the synagogue’s right to due process. 

The commissioners requested outside counsel to weigh in on the ruling. According to Cowan the outside counsel agreed that the commissioners should recuse themselves. 

“And from what I know they took a leave of absence, appointed some other interim commissioners , and then three of the four of them filed a lawsuit against the city about the order,” Cowan said. 

“We stand behind our ruling and it speaks for itself,” he added. 

At present no date has been set for the civil suit between the commissioners and the city. 

Cowan said that in evaluating the city attorney several factors must be taken into consideration and the dissatisfaction of commissioners should not always determine the job the city attorney is doing — even though she essentially works for them. 

“The commissioners being unhappy with the city attorney could reflect on any number of things — including the competence of the commission. The only way to tell is allowing it to play out. If the city attorney continues to make bad rulings, then it reflects badly on her. If the commission continues to ignore her rulings and get into a legal bind, it will reflect badly on them,” Cowan said. “There’s nothing certain in the field of law, that’s the first thing I learned in Law School.” 

Both the Landmark Preservation Commission and the city attorney’s office have been questioned since then. During the redistricting process some community members stated that the city had not properly informed the community of upcoming meetings and hearings. 

More recently the commission was threatened with a lawsuit by the lawyer for UC Berkeley over a recent decision that will slow down the university’s plans to build housing and administrative offices on campus. 

League of Women Voters responds to letters

Nancy Bickel, President Lois Brubeck, Action Vice President Jean Safir, Housing Action Cha
Friday April 19, 2002

To the Editor: 


The League of Women Voters notes with interest the flurry of letters responding to our letter on the need for low income housing in Berkeley. All the writers agree with us that we should uphold the general plan and its housing element and provide affordable housing while preserving Berkeley's special character. The question then is how do we get there. 

In our letter (published March 30-31), we criticized the down zoning of 10 parcels in the 1100 block of Hearst Ave. as an example of reducing opportunities for creating more low and moderate income housing. The letters published by the Planet supported that downzoning, as did the Planning Commission and, ultimately, seven of nine City Council members. 

The staff report to the City Council, dated Feb. 19, 2002, recommended that the City Council reverse the Planning Commission's decision to downzone on the 1100 block of Hearst Street. We agree with the staff analysis and think the following points are particularly strong: 

- "If the City supports downzoning requests on the basis that the zoning should reflect the existing development density, then the City will effectively eliminate any future housing development opportunities." 

The downzoned area is "within a three-minute walk of two of the City's largest public transportation corridors: San Pablo Avenue and University Avenue....the City should be encouraging the higher densities that are necessary to support efficient public transportation systems." 

- "The character of the Hearst Street neighborhood can be developed and maintained without reducing housing development opportunities...Efforts by the City to ensure quality, well-designed buildings through design guidelines and careful development review will do more to maintain community character than efforts to limit future housing development by downzoning." 

(The full staff report is available at the reference desk of the Central Library.) 

Although the letter writers disagreed with us about the application of General Plan principles in this particular case, we look forward to future discussions in which we may agree on other applications. 

Some of the writers questioned the propriety of the League taking a stand on public policy issues. The writers are mistaken in thinking the League confines itself to pro-con presentations. We often advocate on public policy issues, but we do so only after serious study and discussion of the relevant public policy issues. We invite you to read our recent report "Housing Policy and Progress in Albany, Berkeley and Emeryville." (On our website: http://home.pacbell.net/lwvbae, click on "The League at work" and then on "Housing Action Study." The Main Library has printed copies.) 

We stand by the main point of our earlier letter: we want Berkeley and its neighborhoods to continue to be welcoming to people of all ages, abilities, economic status and ethnic and racial backgrounds. 

Berkeley's diversity is its special character. 


Nancy Bickel, President 

Lois Brubeck, Action Vice President 

Jean Safir, Housing Action Chair

Junior varsity lives on, but varsity falls to Dons

By Jared Green Daily Planet Staff
Friday April 19, 2002

Berkeley High’s boys’ volleyball junior varsity team lived to play another day, and they rewarded Justin Caraway’s decision with a win over De Anza. Unfortunately, their existence doomed the varsity team to a loss. 

The Yellowjacket varsity squad, down to a bare-bones roster of six players, fell 15-12, 15-5, 16-14 to De Anza on Thursday.  

Berkeley (1-6, 1-5 ACCAL) beat the Dons (3-3 ACCAL) to open the season on March 26, their only win of the last two years, but couldn’t muster much of an attack without any substitutes on Thursday. With three players under 5-foot-8 and no way to rotate them out, the ’Jackets were almost constantly stuck with a severe height disadvantage at the net. 

“We did what we could with what we’ve got,” Berkeley head coach Caraway said. “(The smaller players) held their own up there.” 

When varsity starter Ethan Ashley went down with an ankle sprain on Tuesday, Caraway considered abandoning the first-year junior varsity program in order to have a bench for the rest of the varsity season. He decided against it on Wednesday, but admitted he might not have done so if he had known just how short-handed he would be against the Dons. Ed Peszewski, who has suited up in just one game for the ’Jackets due to eligibility issues, was benched once again on Thursday, much to Caraway’s dismay. 

“I thought we’d have Ed when I made the decision about the JV,” Caraway said. “Then I found out just this morning that he still can’t play.” 

Caraway left the door open to pull up the JV players, but Peszewski’s status and Ashley’s response to aggressive treatment will be the deciding factors. 

“We’ll see what happens next week,” Caraway said. 

Thursday’s loss was pretty much inevitable, considering Berkeley’s lack of height and firepower. Junior Robin Roach, already the focal point of the offense, has been a one-man show all season. Although Sam Fuller and Dan Sanders each had four kills, Roach was clearly the target man, receiving sets whenever possible. He finished the game with 11 kills and seven blocks, but whenever the rotation put him in the back row the Berkeley offense went dead. 

“If we can score when Robin’s in front, and hold on when he’s in the back row, we could be okay,” Caraway said. 

That formula didn’t quite work. De Anza had runs of seven and 10 points in the second and third games, respectively, with Roach in the back row. Although the second game quickly got out of hand, the ’Jackets weathered the storm and got Roach back to the net in the final game. He led them on a comeback from down 12-3 to up 13-12, although the streak was interrupted when Berkeley got out of rotation, costing them a point. Roach had five kills and two blocks during the hot stretch. 

That lost point would come back to haunt them, as they went up 14-13 and one more point would have won the game. But a service error gave serve back to the Dons, and after several side-outs, De Anza’s Kelly Sinclair hit two kills to put the game away.

2012 Olympics? In Berkeley? Bay Area committee lobbies to hold events in Berkeley venues

By David Scharfenberg Daily Planet staff
Friday April 19, 2002

If you like volleyball, you may be in luck. 

The latest proposal from the Bay Area Sports Organizing Committee, which is attempting to bring the 2012 Summer Olympics to the region, places indoor volleyball preliminaries and finals, beach volleyball finals and preliminary soccer matches on the UC Berkeley campus. 

But don’t get too excited. Berkeley city officials say they are concerned about the potential traffic impacts of the Games. And BASOC has a long way to go before it brings the Olympics home.  

The Bay Area is vying with three U.S. cities – New York, Washington D.C. and Houston, Texas – to serve as the U.S. representative in the global competition for the Games. 

If the United States Olympic Committee selects the Bay Area in November, after a final site visit in July, BASOC will face off against international rivals like Toronto, Rome and Paris. The International Olympic Committee will make the final choice in 2005. 



See GAMES/Page 22 




The latest Berkeley proposals emerged this month when BASOC, after consulting with the U.S. Olympic Committee, submitted a 300-page addendum to its initial bid. 

The original plan placed preliminary soccer matches, early-round basketball games and the handball finals at UC Berkeley. 

According to BASOC Communications Director Tony Winnicker, the organization changed its plans after the U.S. Olympic Committee, during an August 2001 visit, requested greater use of the campus. 

“They loved Berkeley,” said Winnicker. “They frankly thought we underused the facilities.” 

Winnicker argued that the indoor and outdoor volleyball finals will attract greater attention than the basketball preliminaries, shifted to Santa Clara University, and the handball finals, moved to Oakland Coliseum. 

In addition to Berkeley, Oakland and Santa Clara, Olympic events would take place in San Francisco, San Jose and Palo Alto, among other sites. 

BASOC pulled several events from Sacramento earlier this month and shifted them to the immediate Bay Area to accomodate a U.S. Olympic Committee request that the events be tightly grouped together.  

According to the addendum, 92 percent of the sites will now be within 32 miles of the proposed Olympic village near Mountain View. 

Berkeley elected officials are excited about the prospect of hosting the Olympics, citing the prestige and economic boost the Games would bring to the city. But they are worried about traffic and congestion. 

“Obviously the big question is traffic and can that be handled,” said Mayor Shirley Dean.  

BASOC officials say the Bay Area, notorious for traffic jams, will be able to handle the Olympics. 

“We have the transit, we have a great system, and it will work,” said Robert Stiles, BASOC bid director, at a Wednesday press conference. 

In a recent simulation, Stiles said, the organization matched the busiest day of the Olympics against the Bay Area’s public transit system and found the only required addition would be a new bus service from San Francisco to Stanford. 

BASOC officials say they would also make heavy use of park and ride arrangements, ban private parking at venues – ask for community cooperation in altering work schedules and developing temporary telecommute options – and pay for extra public transit.  

According to Winnicker, the BASOC plan depends upon certain transportation projects already slated for completion by 2012, including BART extensions to San Jose and to the Oakland and San Francisco airports. 

But he added that the Olympics have traditionally served as powerful leverage with state and federal governments to speed up other projects. Winnicker cited the reactivation of the Dumbarton rail bridge and the extension of BART to Fremont as East Bay projects that could benefit. 

BASOC officials expect to generate a $409 million surplus from the Olympics, in large part because 80 percent of the facilities required for the Games are already in place, reducing upfront costs.  

After the U.S. Olympic Committee and International Olympic Committee take their cuts, BASOC will spend $170 million to fund training for aspiring Olympians and Paralympians, Winnicker said. The Paralympics is for the disabled. 

The organization also plans to spend $100 million on local youth sports, arts and environmental projects. 

“A lot of the profits from the Olympics will be left as a legacy for the kids,” said Katrina Radke, a UC Berkeley graduate and swimmer in the 1988 Olympic Games who works with BASOC. 

Winnicker added that BASOC would likely pay to upgrade the UC Berkeley athletic facilities involved in the Games. Current plans call for use of Edwards Stadium, Haas Pavilion, Memorial Stadium and the Recreation Sports Facility.

Oakland Tech students implicated in BHS attack

By David Scharfenberg Daily Planet Staff
Friday April 19, 2002

New details on the Wednesday afternoon assault at Berkeley High School emerged Thursday, as the district began weighing a shift in the BHS safety plan. 

According to Sgt. Kay Lantow, spokesperson for the Berkeley Police Department, the four young men who attacked a BHS student behind the “C” Building Wednesday were apparently Oakland Technical High School students, who first became entangled with the victim at an Oakland Tech prom over the weekend. 

Lantow said the victim and a group of his friends went to Oakland Tech Wednesday morning, before the attack at BHS, to confront the Oakland students over the prom dispute. 

Later in the afternoon, at around 2:30 p.m., the Oakland students traveled to BHS to “finish that argument,” Lantow said. 

The police department would not release the name of the victim because he is a minor. 

Walter Mitchell, an instructional aide and former safety officer at BHS, said he knew something was wrong when he saw the assailants “pick up a jog” after crossing onto campus grounds from Martin Luther King, Jr. Way Wednesday afternoon. 

Mitchell said one of the attackers carried a tire iron wrapped in a towel, and all were keenly focused on the victim. 

“Evidently they knew who they wanted to deal with,” said Mitchell. 


See BHS/Page 6 

Mitchell said the assailants punched the victim, knocked him down and began kicking him. 

“They caught the kid with a couple of good ones,” said safety officer Shannon Brown, who arrived on the scene quickly and covered the victim with his body. 

According to Brown, the assailants fled toward Martin Luther King, Jr. Way and sped off in a late-model white car when other safety officers arrived. 

Shortly thereafter, Lantow said, two groups of Berkeley High School students got into a fight. She said the brawl apparently involved one group of the victim’s friends who blamed another group of the victim’s friends for abandoning him during the attack. 

Brown said the safety officers were short-staffed Wednesday, allowing the assailants to get on campus. But he said the officers handled the incident well once it happened. 

Oakland Tech Vice Principal Julius Green said the administration is investigating the school’s ties to the BHS incident. A spokesperson for the Oakland Police Department said the case is in the Berkeley Police Department’s jurisdiction. 


New safety plan 


District spokesperson Marian Magid said the central administration, working with a group of staff, parents and community members, has been developing a new BHS safety plan to be put in place in May. 

Magid declined to offer specifics while the plan is still in the works, but the Board of Education has voted on one element already. In February, the board elected to lay off BHS security manager Barry Wiggan next year and hand over control of the security operation to a pair of discipline deans who have been in place since January. 

Superintendent Michele Lawrence and high school officials have discussed other potential pieces of the plan in recent months: 

• Lawrence has indicated that she will hire more safety officers.  

• The superintendent has argued that the move from a seven- to a six-period day next year will tighten students’ schedules and prevent extensive wandering around campus. 

• BHS officials have suggested that the school may put more video cameras in place to cover the “dead spots” on campus. 





The Associated Press
Friday April 19, 2002

Today is Friday, April 19, the 109th day of 2002. There are 256 days left in the year. 


Highlight in History: 

On April 19, 1775, the American Revolutionary War began with the battles of Lexington and Concord. 


On this date: 

In 1782, the Netherlands recognized American independence. 

In 1933, the United States went off the gold standard. 

In 1943, during World War II, tens of thousands of Jews living in the Warsaw Ghetto began a valiant but futile battle against Nazi forces. 

In 1945, the Rodgers and Hammerstein musical “Carousel” opened on Broadway. 

In 1951, Gen. Douglas MacArthur, relieved of his Far East command by President Truman, bid farewell to Congress, quoting a line from a ballad: “Old soldiers never die; they just fade away.” 

In 1982, astronauts Sally K. Ride and Guion S. Bluford Jr. became the first woman and first African-American to be tapped for U.S. space missions. 

In 1989, 47 sailors were killed when a gun turret exploded aboard the USS Iowa. 

In 1993, the 51-day siege at the Branch Davidian compound near Waco, Texas, ended as fire destroyed the structure after federal agents began smashing their way in; dozens of people, including David Koresh, were killed. 

In 1995, a truck bomb destroyed the Alfred P. Murrah Federal Building in Oklahoma City, killing 168 people and injuring hundreds. Timothy McVeigh was later convicted of federal murder charges and executed. 

In 1999, the German parliament inaugurated its new home in the restored Reichstag in Berlin, its prewar capital. 


Ten years ago: 

After six days, engineers plugged the tunnel leak under the Chicago River that caused an underground flood that had virtually shut down business in the heart of the city. 


Five years ago:  

More than 50,000 residents abandoned Grand Forks, N.D., as the rising Red River overran sandbags. 


One year ago:  

Pharmaceutical giants dropped a lawsuit against a South African law that could provide cheaper, generic AIDS drugs to millions of Africans, ending an international battle over patent rights and profit. The musical “The Producers” opened on Broadway. Former New Hampshire Gov. Meldrim Thomson died at his home in Orford at age 89. 


Today’s Birthdays:  

Actor Hugh O’Brian is 77. Actress Elinor Donahue is 65. Actor Tim Curry is 56. Pop singer Mark “Flo” Volman (The Turtles; Flo and Eddie) is 55. Tennis player Sue Barker is 46. Recording executive Suge Knight is 37. Actress Ashley Judd is 34. Pop singer Bekka Bramlett is 34. Actor James Franco is 24. Actress Kate Hudson is 23. Actor Hayden Christensen is 21. Actor Courtland Mead is 15. 


Old growth advocates receive support from city council

By Devona Walker Daily Planet Staff
Friday April 19, 2002

Old growth advocates got a political boost from Berkeley City Council by way of a unanimously-supported resolution, which they’ll use as they move forward into a signature drive to get an initiative on the upcoming statewide ballot. 

“We’re excited to get this support,” said Redwood Mary, a leader of the Old Growth Inititiative group. “Our next step will be a huge presence at Earth Day where we hope to get more signatures on the petition. 

According to Mary the group needs approximately 500,000 signatures to get an initiative on the statewide ballot. 

The City Council resolution specified concerns about logging practices in the state of California. Those concerns were origininally brought to the city’s Peace and Justice Commission from a number of citizens gorups — such as the Citizens Campaign for Old Growth Preservation/East Bay, San Francisco Bay Chapter of the Sierra Club, The Ecology Center, Bay Area Coaliton for Headwaters, Berkeley Fellowship of Unitarian Univesalitsts Social Justice Committee and the Bay Area Coalition for Headwaters. 

The signature deadline for the petition is May 31. Earth Day is one of the last remaining large vehicles for the group to get more signautres on the initiative. 

According to Mary, the group has tried unsuccessfully in the past to get the initiative on the ballot and were unable to do so for Novembmer, 2002. The present push for signatures would get the initiative onto the ballot in March, 2004. 

A recent survey conducted by Northwest environmental groups and completed by the research firm Davis & Hibbitts, Inc. of Portland found that 75 percent of people in the Northwest want an end to old-growth logging 

in national forests; that is three out of every four people in the state of Oregon and Washington. 

In the Northwest the issue of old growth has crossed party lines as many timber towns have also begun to soften to the idea of preserving ancient trees.

Appeals court says search of housing official is illegal

The Associated Press
Friday April 19, 2002

SAN FRANCISCO — Government investigators violated the privacy rights of a San Francisco city official when they searched her office in 1999 as part of a fraud probe in the city’s minority contracting program, a federal appeals court ruled Thursday. 

The decision by the 9th U.S. Circuit Court of Appeals means the government cannot use in court the hundreds of pages of records it seized from Zula Jone’s office. She was the chief compliance officer of the San Francisco Human Rights Commission and is accused of using her post to aid the alleged scheme. 

The appeals court, in upholding a federal judge’s ruling, said federal officials needed a search warrant. 

The government declined comment. Lawyers for Jones were not immediately available. 

Jones, 53, has been indicted by a federal grand jury on allegations in which she aided a scheme by which non-minority firms were given city contracts meant for disadvantaged minority-owned firms. She has pleaded innocent. 

It is unknown whether the ruling would affect the government’s case. Public court records are unclear on what was seized. 

As part of the government’s probe, Scott Company of California Inc., of San Leandro, agreed to pay $1.5 million in fines and restitution for scheming to obtain public works jobs meant for the disadvantaged. Robert Nurisso, the firm’s executive vice president, has also pleaded guilty and is expected to receive up to a year in a federally supervised home detention program when sentenced in June.


The Associated Press
Friday April 19, 2002

Alleged cross-bow killer is arraigned in death of housemate 


SAN JOSE — A 47-year-old man accused of fatally shooting his housemate with a crossbow was arraigned in court Thursday. 

Richard McPherson was charged with murder and assault with a deadly weapon for allegedly beating two female housemates with a frying pan before killing a fourth housemate. 

McPherson faces life in prison if convicted, according to prosecutor Deputy District Attorney Ben Field. McPherson, who has previous felony convictions, also faces being prosecuted under California’s three-strikes law. 

Police were called to McPherson’s home Tuesday and found the body of Duane Simmons, 43, with an arrow in his abdomen. They also found McPherson, who had tried to hang himself from a tree in the back yard. He had slashed both his forearms and was covered in blood. 

“It just looked like this guy went ... almost berserk,” said Sgt. Steve Dixon said Wednesday. 

McPherson’s housemates believe drugs may have played a role in his rampage. McPherson, who had recently lost his job at a glass company, had been under financial pressure and was having trouble making the rent, his housemates said. 

McPherson is set to enter a plea on Monday. His bail was set at $2.5 million. 


200 transit workers to be laid off 


SAN JOSE — About 200 transit workers will be laid off in Santa Clara County, marking the first time in a decade the transit district has had to cut its work force. 

The layoffs follow the largest drop in sales tax receipts in the Santa Clara Valley Transportation Authority’s history, accounting for a $34 million deficit. An additional 100 positions that are now vacant will be eliminated. 

Pete Cipolla, the authority’s general manager, said the layoffs would occur by the end of June. Drivers and mechanics are the most at risk. 

A number of steps have already been taken in response the mounting problems, including halted projects, freezing jobs and nearly depleting the agency’s $72.5 million cash reserves. 

But Cipolla says it may not be enough if the economy doesn’t bounce back soon. 

“We could be going through this again in a few more months,” Cipolla said. 

Officials say the cutbacks are directly linked to Silicon Valley’s economy. Nearly 90 percent of the operating funds come from a local sales tax and passenger fares, both of which have gone south since the dot-com crash. 


Oakland and Caltrans settle $12 million dispute over land 


OAKLAND — A $12 million, seven-year deal between Oakland and Caltrans marks the end of a heated battle over a 26-acre parcel of land. 

Wednesday’s deal paves the way to start building the new Bay Bridge, but puts an end to Mayor Jerry Brown’s dream of developing a casino while in office. 

“As promised, we are moving full steam ahead,” Caltrans spokesman Dennis Trujillo said. 

The dredging of the Bay will soon begin where the new bridge will replace and run next to the old span between Oakland and Yerba Buena Island. The 26-acre site was needed to start loading equipment. 

Last month, Caltrans seized 52 acres at the eastern end of the bridge, invoking an obscure federal regulation that forced the U.S. Army to hand the land over. Oakland sued to block the action. 

The fight was mainly over the 26-acre site. Brown had hoped to develop it as a casino, but Caltrans wanted to use it to avoid incurring an extra $30 million in construction costs by staging work further away. 

Caltrans agreed to pay the city $12 million up front, plus an extra $2.4 million a year if the work goes past 2009 to compensate for lost development rights and lost port business. 

Urban planners brainstorm in SF

Friday April 19, 2002

SAN FRANCISCO (BCN) - Urban growth experts speaking Tuesday in San Francisco said cities and counties need economic incentives from the state before they will adopt smarter building plans for urban areas. 

Heller-Manus Architects Principal Jeffrey Heller and Gary Binger, director of the Urban Land Institute's California Smart Growth Initiative, said at a San Francisco Planning and Urban Research Association meeting that smart development will be a key factor in managing the Bay Area's future growth but a nonexistent top down strategy makes it difficult to implement. 

“There is no reward for cities and counties that practice smart growth,'' Binger said. “Certainly not from the state.'' 

Associates with Heller-Manus Architects performed case studies on five San Francisco districts and developed placards, complete with black-and-white aerial photos, that explain why some places are better to live and work in than others. 

North Beach is cited as an excellent example of how urban growth can be successfully managed because the buildings, beautiful as some of them are, are not the focal point of the neighborhood. The buildings might be built right out to the sidewalk but the numerous alleys promote foot traffic and open up the interior of blocks. Landmarks like Coit Tower make orientation easy and Washington Square provides much needed green space. 

A poor example of urban planning is the Western Addition, according to the case studies. Geary Boulevard, a major transportation corridor for the western part of the city, split the neighborhood and the planning that occurred south of the boulevard is proving to be unsuccessful. 

“Urban renewal in the 1960s, modeled on the ill-advised dictates of the European International style, destroyed the fine-grained pattern by eliminating streets to create superblocks and introducing out-of-scale streets and buildings,'' the study said. 

A couple of suggestions made by the study to fix up the Western Addition would be to tear down traces of the Central Freeway ramps and to build housing that better matches San Francisco's style. However, this presents a problem that is central to what Binger and Heller said is wrong with the ways cities are being built. 

Cities and developers need economic incentives and direction from the state to shape growth that is not only profitable but also intelligent from an urban planning perspective. 

A good way to do this, according to Binger, would be for the state to redistribute its transportation monies so cities and developers have a reason to incorporate intelligent public transit systems in future developments. The case studies cited North Beach's solid public transportation system as a reason for its success and plans to expand underground subways into Chinatown and North Beach as proof that the area will be strong in the future.

Superplumes rumble inside Earth UC Berkeley scientists track flow of molten rock

By Randolph E. Schmid The Associated Press
Friday April 19, 2002

WASHINGTON - Two "superplumes" of molten rock appear to be powering through the boundary between the Earth's upper and lower mantle, perhaps feeding volcanoes and affecting movement of the planet's crust. 

New evidence of the superplumes — located beneath the south central Pacific Ocean and southern Africa — comes from studies of seismic waves conducted by scientists at the University of California at Berkeley and reported in Friday's issue of the journal Science. 

Smaller regions of magma rising to the Earth's crust power volcanoes and other hot spots. But the superplumes come from far deeper, crossing the boundary between the upper and lower mantle about 400 miles deep, an area that had been thought by some scientists to impede the flow of material. 

"Emphasis so far has been on the cold down-moving subducted plates and their critical role in mantle dynamics. We think the superplumes play an important role as well," researcher Barbara Romanowicz said. 

When two of the planet's large surface plates collide, one slips beneath the other in a process called subduction. This can generate earthquakes and volcanoes along the boundary. 

The study seeks to focus attention on the hot material rising upward from the base of the mantle — the partially molten region that extends about 1,740 miles from the Earth's core to its crust, or lithosphere. 

"The hot material brought under the lithosphere by the superplumes then spreads out horizontally toward mid-ocean ridges," Romanowicz explained. The ridges are often active volcanic areas. 

The material heats up the region under the plates that cover the Earth's surface and thus may be an active contributor to their movement. 

David Bercovici, a professor of geology and geophysics at Yale University, said there had been other indications of the superplumes, such as variations in the Earth's gravity field in those areas. He was pleased to see the plumes identified using seismic measurements 

"It's not hugely surprising to see upwellings at these regions, but it's nice to see they are distinct," he said. 

Romanowicz and Yuancheng Gung were able to develop images that indicate the presence of the superplumes by measuring the movement of seismic waves through the Earth. 

Romanowicz said they used elastic tomography, a process that measures the movement of seismic waves to chart the interior of the planet, somewhat like a CAT scan machine uses X-rays to look inside a person. 

She said that the exact temperature of the plumes has not been determined but they may be as much as several hundred degrees hotter than the surrounding material. 

"We do not know precisely because the images we have are still not very well resolved, and the actual temperature may depend on whether the superplumes are — like we see them now — wide, thick conduits several thousand kilometers across, or whether they are composed of several narrower plumes grouped together," she said. 

"Generally, it is assumed that only about 10 percent of the heat that comes out at the surface of the Earth comes from the earth's core. This number may thus be underestimated, perhaps as much as by a factor of two," she added. 

Regions above the superplumes tend to bulge upward. 

The plateaus of southern and eastern Africa are about 1,600 feet higher than most old continental areas in the world, she pointed out. This is referred to as the "African superswell." 

Also, she said, heat flow from the Earth's interior measured in a wide area of southern Africa is higher than expected, indicating that an unusually large supply of heat must be coming from underneath. 

There are volcanoes in Africa and in the southern Atlantic Ocean that could be related to the superplume in the same way as Hawaii and other hotspot volcanoes in the southern Pacific may be related to the Pacific superswell, she said.

Abercrombie & Fitch pulls T-shirts as Asian-Americans protest images

By Deborah Kong The Associated Press
Friday April 19, 2002

SAN FRANCISCO — Chanting, “Racist fashion’s got to go,” more than 100 Asian-Americans protested Thursday outside an Abercrombie & Fitch store. 

They were upset about a line of controversial T-shirts, including one depicting two slant-eyed men in conical hats and the slogan “Wong Brothers Laundry Service — Two Wongs Can Make it White.” 

After receiving dozens of complaints, the company was removing the T-shirts from all of the company’s 311 stores in 50 states, company spokesman Hampton Carney said Thursday. 

“We’re very, very, very sorry,” Carney said. “It’s never been our intention to offend anyone.” 

But the protesters said that wasn’t enough. They read a list of demands they intend to deliver to the company. 

“It’s unacceptable for them to smear and continue to perpetuate racist stereotypes of Asian-Americans,” said Ivy Lee, 30, an attorney at Asian Pacific Islander Legal Outreach. “They wouldn’t do the same for any other ethnic groups. We need a public apology for Asian-Americans who buy a lot of their goods.” 

The protesters also demanded the company publish a public apology in four major newspapers, increase philanthropy and investment in the Asian community and hire consultants to ensure sensitivity on Asian issues. 

They also asked the company to develop an ad campaign with positive images of minorities and encourage customers to return the T-shirts for a refund. 

“The fact they put it on the shelves is an insult to the Asian-American community,” said Alameda resident Peter Ho, as he marched outside the store carrying a sign that read, ’Don’t support racism. Don’t shop at Abercrombie & Fitch.’ “To have them think this is just a fashion statement is just a slap in the face.” 

Activists in other parts of the country were also urging people to call or write the company to complain. Some asked people to boycott stores. 

Carney could not say how many of the T-shirts would be pulled from stores, or how much the recall would cost the New Albany, Ohio-based casual sportswear company. The T-shirts, which went on sale in some stores Friday for $24.50, also were removed from the company’s Web site, Carney said. 

“These graphic T-shirts were designed with the sole purpose of adding humor and levity to our fashion line,” Carney said. 

One of the company’s T-shirts features a smiling Buddha figure with the slogan “Abercrombie and Fitch Buddha Bash — Get Your Buddha on the Floor.” Another reads “Wok-N-Bowl — Let the Good Times Roll — Chinese Food & Bowling.” 

The protesters, who included former city Supervisor Mabel Teng and Stanford University students, said the T-shirts are particularly hurtful because they poke fun at a period in history when laundry and restaurant work were among the few employment opportunities available to Asians because of discrimination. 

Carney said the company received about 60 complaints Wednesday about the shirts. Abercrombie makes fun of everyone, Carney said, noting the company’s previous clothing designs have included football coaches, snow skiers and Irish-Americans. 

Carney said he didn’t know yet how the company would respond to the activists’s demands. Abercrombie is now concentrating on getting shirts off the shelves, he said. 

But Christine Chen, executive director of the Organization of Chinese Americans, said she plans to e-mail several thousand Asian-Americans asking them to check that shirts are removed from stores, and to voice their opinions to Abercrombie. 

“I don’t want them to think it was only 60 people that were complaining,” Chen said of the company. “It was really a larger, broader community that’s concerned with this issue.” 

Michelle Myers, who lives outside of Philadelphia, Pa., said she will ask students in her Asian-American literature and history class, and audiences who attend her spoken word performances, to boycott Abercrombie stores. 

“As an Asian-American person, I’m just tired of being constantly disrespected by mainstream corporations and businesses,” said Myers, 30. 

In Minneapolis, Minn., Bao Phi, 27, is telling people to boycott Abercrombie until it pledges that such designs won’t be repeated. 

“The fact is, they’ve already made money out of our exploitation,” Phi said. “We have to hold the company accountable.” 

It’s not the first time the company, which targets college students, has come under fire. Last year, women’s organizations and conservative politicians rallied against it for its ads featuring young, barely clad models in sexually suggestive poses. 

Still, Mabel Kuupua Kim said she wasn’t bothered by the new T-shirts. 

“I think they’re funny,” said Kim, 52, who was buying shirts with a picture of a slant-eyed man carrying a rickshaw and the slogan ’Good meat, quick feet’ at a San Francisco store. “I’m sorry if some people are offended by it. I don’t see it that way.” 

Television academy opposes ending credits after TV shows

By David Bauder The Associated Press
Friday April 19, 2002

NEW YORK — A television industry trade group is speaking out against the disappearance of credits at the end of TV shows. 

The listings that traditionally conclude shows have been sped up and shrunken over the past decade to where they are frequently illegible, and now the 11 Discovery-owned cable channels plan to eliminate them entirely. 

But the Academy of Television Arts & Sciences board voted unanimously Wednesday night to urge networks not to get rid of them. 

“I think people want to stand up for the right to be credited for the work that they do,” academy Chairman Bryce Zabel said. “That’s been a historic right in Hollywood and the entertainment industry.” 

Discovery Communications, whose cable channels include Discovery, the Travel Channel, TLC, Animal Planet and BBC America, said it’s likely to eliminate end credits within the next month. Discovery says it will direct viewers who want to see them to a Web site. 

Discovery, and other networks that have de-emphasized credits, said viewers aren’t interested and see them as an excuse to change the channel. 

Discovery representatives had no immediate comment Thursday on the ATAS action. 

eBay’s first-quarter earnings exceed forecasts

By Brian Bergstein The Associated Press
Friday April 19, 2002

SAN JOSE, Calif. — Keeping up its blistering growth, Internet trading leader eBay Inc. reported earnings that beat Wall Street forecasts and expressed confidence about its outlook Thursday. 

With eBay’s base of registered users expanding to 46.1 million, 55 percent higher than last year, the company’s net profit more than doubled in the three-month period ending March 31. EBay earned $47.6 million, or 17 cents per share, on revenue of $245.1 million. 

In the comparable period last year, the San Jose-based company pulled in $21.1 million, or 8 cents per share, on revenue of $154.1 million. 

Excluding one-time charges, eBay earned $50.6 million, or 18 cents per share. Analysts surveyed by Thomson Financial/First Call had predicted earnings of 16 cents per share on revenue of $245.3 million. 

“We feel really good,” said Rajiv Dutta, eBay’s chief financial officer. “There’s only a handful of companies that can grow at 65 percent and increase profits against a backdrop of a tough economic environment and a down market for Internet advertising.” 

With nearly all measurements of its success on the rise, eBay now expects to earn 17 cents per share in the current quarter and 73 to 75 cents per share for the entire year. Both estimates are higher than previous guidance but in line with current Wall Street projections. 

Revenue forecasts are now $260 million to $265 million for this quarter and $1.05 billion to $1.10 billion for the year, also similar to analysts’ existing projections. 

EBay shares fell $1.89, more than 3 percent, to close at $53.04 on the Nasdaq Stock Market before the earnings report. The stock fell to $52.02 early in the extended trading session. 

EBay’s success has come from its domination of the domestic Internet auction market and the steadily improving performance of its sites tailored for users in 26 other countries. Even though eBay pulled up stakes in Japan, the company’s international revenue amounted to $53 million in the first quarter, nearly three times last year’s total. 

Dutta refused to comment on rumors that eBay is interested in acquiring PayPal Inc., the online payment service that heavily caters to eBay buyers and sellers. PayPal’s CEO said this week his company was focusing on operating as a stand-alone company.

Apple beats Wall Street expectations New iMac powers brisk first-quarter computer sales

By May Wong The Associated Press
Friday April 19, 2002

SAN JOSE, Calif. — Thanks to brisk demand for its new iMac, Apple Computer Inc. posted a second-quarter profit that beat Wall Street estimates. 

For the three months ended March 30, the Cupertino-based PC maker earned $40 million, or 11 cents a share, on revenue of $1.5 billion, the company said Wednesday. In the year-ago period, Apple earned $43 million, or 12 cents a share, on revenue of $1.43 billion. 

Wall Street analysts surveyed by Thomson Financial/First Call had projected earnings of 10 cents a share on revenue of $1.46 billion. 

The company said it shipped 220,000 units of the new flat-screen iMac during the second quarter. And though the company raised the price of the computer by $100 in late March to offset the increased cost of memory and other components, demand has not waned, chief financial officer Fred Anderson said in an interview. 

“We’re pleased to have delivered solid results while executing a challenging product transition,” Anderson said. 

Continued robust sales will help Apple show a strong performance for the current quarter, he said. The company is targeting revenues to rise sequentially to $1.6 billion in the June quarter with earnings per share to be flat or up slightly. 

The higher costs of components and airfreighting to speed up the new iMac shipments will continue to cut into gross profit margins in the June quarter, as the company continues to fulfill a backlog while honoring the original prices of those orders. 

But production is expected to catch up to demand in the current quarter and gross margins should return to normal levels in the September quarter, Anderson told analysts during a conference call. 

The company also said it plans to open 20 additional stores by the end of the calendar year. The 27 stores that Apple opened in 2001 generated $70 million in sales in the second quarter, up from $48 million in the December quarter, Anderson said. At the same time, operating losses from the stores were cut in half from $8 million to $4 million, he said. 

The company hopes the stores will become profitable by the end of the year, Anderson said. 

The retail stores are key to Apple’s effort to pull ahead of its long-standing 5-percent market share to the Microsoft-Windows platform juggernaut in the personal computer market. 

“They had to try other methods to capture new users. Putting stores in upscale malls and high-traffic areas with fancy window displays ... is a new strategy that appears to be working quite well,” said Andrew Scott, analyst with Needham & Company Inc. 

Analysts say Apple is doing a good job in the tough economy. 

“There’s almost no other computer company that was up sequentially in the March quarter, and Apple was up 9 percent,” said Dan Niles, a Lehman Bros. analyst. “And they’re one of the few companies where demand isn’t the problem.” 

For the six months ending in March, Apple said it earned $78 million on sales of $2.87 billion. That’s up dramatically from the $152 million loss on sales of $2.44 billion of the year-ago period, when the company was struggling to recover from sluggish sales, increased competition and a glut of inventory. 

Shares of Apple finished the regular session up 37 cents to $26.11 on the Nasdaq Stock Market on Wednesday, but fell 23 cents in after-hours trading. 


On the Net: 


Lawmakers review state Oracle contract that audit says could cost Calif. millions

By Jennifer Coleman The Associated Press
Friday April 19, 2002

SACRAMENTO — The chair of a legislative audit committee called on Attorney General Bill Lockyer Thursday to look into the validity of a state contract that could cost taxpayers millions more than if the state hadn’t signed the deal. 

A report this week by the Bureau of State Audits found that three state departments improperly relied on a vendor’s presentation that the $95 million software contract with Oracle Corp. would save the state $111 million. 

The contract may cost the state $6 million to $41 million more than if there had been no contract at all, State Auditor Elaine Howle told members of the Joint Legislative Audit Committee Thursday. 

Assemblyman Dean Florez, D-Shafter, the committee’s chairman, called the report “troubling” as he asked for Lockyer’s review. 

The contract was approved by the departments of Information Technology, General Services and Finance that Howle said relied on a vendor’s savings projections instead of doing their own calculations. Each department blamed the others Thursday for the faulty review. 

Logicon Inc., which made the cost-savings estimates, stood to make $28.5 million from the abnormally lengthy six-year deal, she said. 

DGC director Barry Keene said he wasn’t aware of that arrangement, and thought DOIT had vetted the savings projections. 

DOIT Director Elias Cortez said he thought Keene’s office or the finance department would do an independent analysis of the figures. 

Under the contract, Oracle would license database software for up to 270,000 state workers, despite a survey by DOIT that found very few state workers would need or want Oracle products. 

Keene said he hadn’t heard of the survey until after the contract was signed. 

Cortez said he was “shocked that they hadn’t seen it.” 

Even if it wasn’t included with the Oracle contract, DGS was one of the 122 state departments that received the survey, he said. 

Assemblyman Bill Leonard, R-Rancho Cucamonga, said the interagency finger-pointing had to stop. 

“Someone has to step up and take responsibility,” he said. “But other than a few cover-your-rear e-mails, I haven’t seen any state employee step up.” 

Finance Director Tim Gage, whose staff raised concerns with the savings projections and the contract’s lack of an escape clause, said he recommended delaying the contract by a year. 

Despite that suggestion, the three departments — DOIT, DGS and finance — approved the contract with the Redwood Shores-based Oracle in May. 

But 10 months later, no state departments had the software, in part because DGS had not issued instructions on how to get it, Howle’s audit found. Still, the state will have paid $17 million in contract costs and interest fees by June, and another $14 million payment is due in September, she said. 

All three departments now agree with the audit’s conclusions, though they say they’ve taken steps to improve both the contract and the contracting process. 

But critics, including Sen. Debra Bowen, D-Marina del Rey, say the audit is a good argument for DOIT to be dismantled. 

“DOIT’s answer is that ensuring the deal was accurate was somebody else’s job because it didn’t have the expertise to make sure the state wasn’t getting taken for a ride,” she said. “Doing that job is the whole reason DIOT was created.” 

DOIT was created in 1995 to coordinate the state’s technology purchases. It will close July 1 unless lawmakers act. Gov. Gray Davis is backing legislation by Assemblyman Manny Diaz, D-San Jose, that extends its life through next year but lets lawmakers terminate projects with substantial cost overruns. 

Oracle officials did not return a telephone message from The Associated Press. A message left for officials at Herndon, Va.-based Logicon, a subsidiary of Los Angeles-based Northrop Grumman Corp., was also not immediately returned.

Biotech company’s stock soars on stellar AIDS drug test results

By Paul Elias The Associated Press
Friday April 19, 2002

SAN FRANCISCO — The stock price of Trimeris Inc., a small biotechnology company, soared on stellar results from pivotal human tests on its experimental AIDS drug, which could help patients resistant to currently available treatments. 

Trimeris of Durham, N.C. is codeveloping the drug, dubbed T-20, along with the U.S. subsidiary of the Swiss health care giant Roche Holding AG. Trimeris stock price rose $11.25 a share, or nearly 29 percent, to $50.50 at the close of trading Thursday on the Nasdaq Stock Market. 

Existing AIDS drugs generally work inside cells, targeting viral enzymes involved in the replication of the virus. T-20 is the first of a new class of HIV drugs called fusion inhibitors, which stop the AIDS-causing virus before it gets into healthy cells. 

In the phase III test, patients who got a combination of T-20 and other drugs already approved by the Food and Drug Administration experienced a greater reduction of HIV in their blood than patients who were just taking the approved drugs. 

“These results are even better than the positive results of earlier studies had led us to expect,” said William M. Burns, head of pharmaceuticals at Roche. 

Using the results of that test and another currently underway, Trimeris and Roche plan to apply for FDA approval later this year and hope to have T-20 on the market next year. 

Dennis Harp, an analyst with Deutsche Bank Securities Inc., expects $600 million in annual sales in the United States alone. 

Appeals court rules for immigrants in 14-year-old case

By Michelle R. Smith The Associated Press
Friday April 19, 2002

SAN FRANCISCO — More than 100,000 illegal immigrants could be affected by a federal appeals court ruling this week that rejected immigration authorities’ interpretation of a decision by Congress in the 1980s to grant some illegal immigrants amnesty, plaintiffs said. 

The ruling by the 9th U.S. Circuit Court of Appeals rejected the argument by the Immigration and Naturalization Service that certain illegal immigrants were not eligible for legal residency under a 1986 law that granted amnesty. 

The INS first interpreted the law to bar amnesty for anyone who left the United States for even a brief period since 1982 and returned illegally using a nonimmigrant visa. Many amnesty applicants were turned away and many others said they were discouraged from applying before the policy was ruled illegal in 1988. 

The INS objected to the court-ordered remedy, which extended the amnesty filing deadline for those who had been turned down. The class-action case bounced through the courts for years, reaching the 9th Circuit three times and at one point reaching the U.S. Supreme Court. 

Calling the government’s appeal “insubstantial,” Monday’s decision, made public by plaintiffs’ lawyers Thursday, would allow those who were denied or turned away during the original amnesty period from 1987 to 1988 to apply for amnesty under the 1986 law. 

“As many as possibly 100,000 people will finally, hopefully, achieve a remedy that Congress intended them to achieve 14 years ago,” said Peter Schey, executive director of the Center for Human Rights and Constitutional Law, and lead plaintiffs attorney in the case. “They have, in essence, been forced to live an underground existence for 14 years, when if the INS had only followed the law, the vast majority would now be U.S. citizens.” 

The ruling applied to those who applied to the INS for amnesty, as well as those who tried to apply, but were turned away before submitting their applications, Schey said. 

A spokeswoman for the INS said the government was reviewing the ruling and had not yet decided what further action, if any, to take. 

The case is Newman vs. INS, 99-56544. 

O.J. Simpson says he can’t pay lawyers’ back bills

By Linda Deutsch The Associated Press
Friday April 19, 2002

LOS ANGELES – O.J. Simpson said Thursday that the law firm suing him for $204,000 in unpaid bills from the custody battle for his children “will have to wait” because he doesn’t have the money to pay them. 

“One thing was clear at the beginning of the custody case – I was broke,” Simpson said in a phone interview from his Florida home. 

“I could not be more grateful to a group of people than I am to them,” Simpson said of the lawyers at Meserve, Mumper and Hughes who represented him. He singled out attorney Bernard Leckie as someone he admires greatly. 

But he said he regrets that the case dragged on for so long before an agreement was reached for him to have custody and take the children with him to Florida. 

He said his financial situation remains precarious with all of his funds devoted to the welfare of his children who attend a costly private school. 

“I don’t go out and buy new clothes. I don’t take trips unless it’s for business,” he said. “My priority is my kids. I have to make sure they’re taken care of.” 

He said that Sydney, 16, is driving and looking at brochures for colleges. She is involved in athletics, as is her brother, Justin, 13, who plays basketball, football and lacrosse, he said. 

“I try to give my kids the best, and to some extent, I guess I spoil them,” he said. “They’re terrific kids and they bring me terrific grades from school.” 

Simpson, who lives on funds from a private pension set up during his days as a Hertz advertising pitchman, said he frequently receives business propositions – “I get all of these crazy offers” – but turns them down. 

In recent months he has appeared at a number of hip-hop events which he said he enjoys because it brings him in contact with the public. And he has appeared as an invited guest at boxing matches in Las Vegas. 

“I’m trying to be the same guy I was before all this happened,” he said. 

The law firm that sued Simpson in Orange County, Calif., says he failed to pay $204,275 in bills. It seeks that amount plus 10 percent interest. 

Simpson retained the firm to seek custody of his two minor children after he was acquitted of murder charges and released from jail in 1995. He had been held without bail from the time of his arrest until his acquittal. 

“Simpson breached the contract and agreement by making payments for a period of time and then ceased to make payments,” the lawsuit said. 

A Los Angeles County Superior Court jury acquitted Simpson of killing his ex-wife Nicole Brown Simpson and her friend Ronald Goldman. A civil jury later held the former football star liable for the killings and ordered him to pay the victims’ survivors $33.5 million. He has not worked since then because any money he makes could be seized to satisfy that judgment which remains largely unpaid. 

He continues to maintain his innocence in the killings. 

His ex-wife’s parents, Louis and Juditha Brown, were guardians of his children while Simpson was on trial. 

In 1996, a judge granted Simpson’s petition to terminate the Browns’ guardianship and gave him custody. The Browns appealed and a settlement was later reached giving the Browns visitation.

Youth Force Coalition protests new Dublin jail

By Chris Nichols Special to the Daily Planet
Thursday April 18, 2002

Chanting “Yes to education, No to super-jails,” and carrying signs reading “No expansion of the Alameda County Jail,” demonstrators gathered at the County of Alameda Administration Building to protest plans for a new and expanded juvenile corrections facility in Dublin. 

Organizers and students associated with Youth Force Coalition, a group of youth organizations fighting against oppressive attacks on communities, marched, chanted and held signs during the protest. 

According to Nicole Lee, a member of Let’s Get Free, a community organization committed to juvenile justice, cultural activism, police accountability and in association with YFC, said the issue of youth incarceration is a critical issue. “I feel it’s one of the most paramount issues for youth in Alameda County,” said Lee. 

Opponents of the planned Dublin facility say it will be too big and too far away for many Alameda County families. Many are concerned that the size of the new building will produce an institutional or prison-like feeling . 

Lee said that currently many local parents must miss half a day of work to attend hearings at the present juvenile facility but would “miss up to a full day’s work traveling to Dublin which isn’t an option for a lot of working class families.” Without the support of parents, according to Lee, many juveniles fall through the cracks in many juvenile systems. 



See YOUTH/Page 14 

Alameda’s Board of Supervisors is split on its support for the facility. Supervisor Nate Miley from District 4 and Keith Carson from District 5 oppose plans for the new expanded facility, while supervisors Scott Haggerty, Gail Steele and Alice Lai-Bitker currently support the proposed project. 

Andrew Ele, a member of San Francisco’s Youth Making A Difference, attended the Oakland protest to support juvenile justice. Supports of the facility, according to Ele, “think that youth are always doing crimes and bad things. They don’t see no other resources other than locking people up.” 


See YOUTH/Page 14 

The new facility would increase the number of juvenile beds from 200 to between 520 and 530.  

Ele expressed YMAC’s proposal for increased counseling services, health and mental health resources as alternatives to the expansion the Alameda County juvenile facility.  

“I’m here because they’re expanding a hall that’s not close and that you don’t have access to,” said YMAC member Obby Toly. According to Toly, San Francisco’s Community Assistance Referral Center provides a great example for an alternative to the increasingly institutional feel of the juvenile system. “CARC uses a points system and if you pass your parents can pick you up and you don’t go into the system,” said Toly. 

Both Toly and Lee referred to the significant racial dimension of the current juvenile facility. Lee notes that “while 15 percent of the general population in Alameda County is of color, 60 percent of juvenile facility’s population is of color.” 

Members of Books Not Bars, a project launched in 2001 by the Ella Baker Center for Human Rights, also voiced their opinions at the Oakland demonstration. BNB members work to expose and end the over-incarceration of youth. They are one of the many groups working to build a “bottom-up” movement with the aim of changing the entire criminal justice system. 

According to BNB, there are a number of groups responsible for the increase in incarceration facilities. Among those groups BNB cites TV networks and newspapers for hyping sensational crimes, prison guard’s unions for pushing increasingly punitive laws and profiteering corporations for pushing tougher laws and longer sentences in order to gain from prison construction and prison labor. 

Youth Force Coalition members also expressed their concerns about a failing and poorly funded education system. Demonstrators said that every dollar spent on prisons is a dollar that could have been spent on books and education. 

According to BNB, California now ranks number one in the nation on prison spending - number 43 in spending on public education.

’Jackets ride huge third inning to win over Encinal

By Jared Green Daily Planet Staff
Thursday April 18, 2002

In a matchup of the ACCAL’s only undefeated teams, Berkeley High rode an 11-run third inning to a 12-4 victory over the Encinal Jets on Wednesday, taking over sole possession of first place with its 11th straight win. 

The first 12 Yellowjacket batters reached base in the remarkable half-inning, with 11 of them scoring. Berkeley (13-4 overall, 5-0 ACCAL) had 10 hits – all singles – during the rally, and the Jets helped out by making three errors.  

Encinal (6-9, 4-1 ACCAL) starter Tony Ellis faced the first four batters before giving way to Cory Dunlap. But Dunlap, Encinal’s ace, was unable to stop the bleeding, walking the first batter he faced before surrendering five straight singles. Berkeley had three hitters, DeAndre Miller, Kory Hong and Matt Toma, get two hits each in the inning, with Toma driving in two runs in his return to the lineup from a pulled hamstring two weeks ago. 

“We expected to see Dunlap sooner or later,” Berkeley head coach Tim Moellering said. “I think we were fortunate that he came in cold from first base, and we had a chance to get to him before he warmed up.” 

But the ’Jackets continued to hit Dunlop as he threw 46 pitches before getting out of the inning. Constantly pitching with men on base, Dunlap was ineffective from the stretch and didn’t have his usual command. 

“The main thing was creating situations to hit in,” Berkeley second baseman Lee Franklin said. “When we have men on and they pull their infield in, that’s a high-percentage situation.” 

The big inning more than erased an early 2-0 deficit for the ’Jackets, as Berkeley starter Sean Souders had a rough first inning. Encinal’s Nick Loy led off the game with a double to left, and Souders hit DeAndre Green with a pitch to put two runners on. Dunlap then ripped a double down the rightfield line to score both runners, but Souders settled down, striking out the next five Jets, including all three in the second inning on just 10 pitches. 

“For the first few batters I was leaving my pitches up and over the plate,” Souders said. “Once I made an adjustment and got the ball down I was more effective.” 

Souders would give up just two more runs on a homer by Dunlap in the fifth inning. Sophomore Matt Sylvester, called up from the junior varsity last week, pitched the seventh inning for Berkeley to finish the game. 

With Wednesday’s win, Berkeley is alone at the top of the ACCAL standings with games remaining against El Cerrito and De Anza in the first round of league play. The ’Jackets have pounded their way through the league, scoring in double figures in four of their five games, including a 16-2 whipping of preseason favorite Pinole Valley. They are also one of the few teams with two reliable starters, as senior lefty Cole Stipovich is the best No. 2 in the league. With hot bats and solid pitching, the ’Jackets should be able to count on a better finish than last season’s 0-3 collapse, which knocked them down to the eighth and final seed in the North Coast Section playoffs. 

“We’ve got a tough game Friday (against El Cerrito), but if we take care of business we’ll be in good shape,” Franklin said. “Hopefully we can just sit back and let the other teams beat each other up for a while.”

Security through common sense

Bernt Wahl Berkeley
Thursday April 18, 2002

To the Editor: 


After the events of September 11, 2001, our nation’s priorities have shifted from issues of personal liberties (privacy) to national security concerns. For many of us -- minimal government intrusion advocates included —recent events provided a wake-up call for calls to safeguard our homeland from terrorism, while seeking proper governmental restraints to our liberties.  

Article IV of The Amendment to the Constitution states that, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated …" How does this play out in today’s world where rouge organizations are bent on inflicting great harm to our way of life. In the modern world we now face threats from biological, chemical, nuclear attack and as well as conventional weapons, things that our founding fathers could hardly imagine. In the context of our Constitution, what contingencies should be made available to our government if massive destruction can be inflicted on our democracy?  

These issues are now affecting us personally as never before. For many of us attitudes toward privacy have changed since the World Trade Center incident. I remember in years past that giving a thumb print at the Department of Motor Vehicles felt like an intrusion to personal privacy, being figure printed was for criminals! Today I am a little more understanding to these intrusions. 

Presently there are several security measures being put in place at our nation’s airports: explosive detection equipment, beefed up patrols, and limited carry on provisions. Last Christmas while traveling through Burbank Airport I was given a through body and bag search. It was not pleasant, who likes to have their body fondled like a tomato by a stranger, but at least I did not have to drop my pants like Michigan Congress John Dingell. If inconveniences help deter tragic events from happening then most of us are willing to agree they are necessary. The question remains, do these measures deter would be terrorists? 

Resent studies show that many security provisions are still judged as ineffective, as Sky Marshals from the ‘Red Team’ recently demonstrated for CBS News. In their tests, hazardous materials and weapons were successfully smuggled through security check points ten out of thirteen times at seven major airports. If enacted safety measures do not detect potential threats, then what other options do we have? An effective foreign policy with actions that stride to reduce terrorist threats is the most likely answer.  

One way to help to promote peace is for nations to work together for the common good. The United States should take the lead in this aspect, building coalitions where ever possible and learning to be humble in the process. Team building should not only be a concept used by corporations. 

Our nation should show the world that we disserve our leadership position not through militarily might --though it should be used as a deterrent to terrorists— or economic strength but through our principles to liberty, understanding in world affairs, and compassion to nations in need.  

One of the first steps that the United States Government can take in establishing the integrity needed to be an effective global leader is to be more culturally sensitive. In the first few weeks after the World Trade Center event, the Administration made quite a few errors that showed how out of touch our government can be. Our Administration pontificated this in calling our Afghanistan mission ‘Infinite Justice’ a ‘crusade’ – showing both our arrogance in reference to when European Christians set out to defeat the Muslims and that we believe ourselves to be the final judge in what is right. In another more benign fashion, the well intentioned government supplied the Afghan people with meals containing peanut butter, a foreign food they did not eat. At least the humanitarian aid was a step in the right direction. 

If we have learned anything from the last century it should be that in order to bring lasting stability to a region, each player must value the gain of cooperation over the potential loss of conflict. This was shown so poignantly after World Wars II with the United States’ roll in the Marshal Plan. If the ‘war’ on terrorism is going to be won, it will have to be done so in the marketplace, the schools, and polling places; and not on the battle field or through rhetoric.  

People of the world have basic needs; they want a safe place to: live, raise families, get a chance for an education, have an opportunity for a fulfilling job, and have freedom to worship. If national governments can fulfill these basic needs -- free from want, hunger and fear -- most citizens will resist forces that propose a counter way of life. It is the duty of our government and our citizens to work with other nations to foster actions that promote these ideals. 

For upon the principles of ‘life, liberty and the pursuit of happiness’ our founding fathers brought forth a Constitution that continues to guided the world for more than two and a quarter centuries, and why today it is still providing to be a foundation for democracy. 


- Bernt Wahl 


Thursday April 18, 2002

Thursday, April 18



Berkeley Metaphysical  

Toastmasters Club 

6:15-8:00 p.m. 

2515 Hillegass Ave. 

Berkeley Free, on-going meetings 1st & 3rd Thursdays, emphasizing metaphysical topics.  



Building Bridges to Afghanistan 

A Fundraising Party for Global Exchange & San Francisco Friends of Afghanistan - building the Afghanistan to San Francisco/Bay Area Sister Cities Movement 

5:30 to 8:30 PM 

Cocktails, Hors D'Oeuvres, Music, Afghan Fashion Show 

IMG Home, 1830 Harrison St., San Francisco (parking available) 

$15 Donation at the door 

All of the proceeds of this event will immediately fund a Global Exchange coordinator of Sister Cities 


Walking in the Footsteps of John Muir 

7 p.m. 


1338 San Pablo Ave. 

Cherry Good gives a slide lecture sharing highlights from her journey to find out what she could about John Muir. 527-7470 


Home Remodeling Workshop 

7 - 8 p.m. 

Building Education Center  

812 Page St. 

Free home remodeling workshop focusing on lowering utility bills and using building materials that are healthier for your family and the environment. 614-1699, www.stopwaste.org. 


Affordable Housing Advocacy Project 

5:30-7:30 p.m.  

West Berkeley Senior Center 

1900 Sixth Street. 


Affordable Housing Advocacy Project is sponsoring a series of Town Hall Meetings to present its annual update of their five year plan. 

For more information, call 548-8776 


Friday, April 19



City Commons Club 

12:30 p.m. 

2315 Durant Ave.  

“Whither U.S. - Japan Relations?” Steven Vogel, Professor of Political Science, UC Berkeley. $1. 848-3533. 


Hip-Hop for Vieques 

A night of Culture and Food: Prophets of Rage, DJ’s, Grupo Folklorico Raule Afro-Puerto Rican Drumming and Dancing 

8 p.m.- doors open and dinner begins 

1928 Telegraph (Between 19th and 20th- 19th Street BART) 

$6 before 10 p.m. 



Mandela Arts Freestyle Fridays 

Dancing, Hip-Hop, Breakdancing, Live DJ 

5-8:30 p.m. 

1357 5th Street (near West Oakland BART), Oakland 




(Previews begin) 

Through June 23rd. 

Berkeley Repertory Theatre 

2025 Addisons Street, Berkeley 

Previews, $38, Tue/Th (8 p.m.) $42, Wed (7 p.m.), Thu/Sat/Sun matinee (2 p.m.), Sun (7 p.m.) $44, Wed opening/Fri eve (8 p.m.) $47, Sat (8 p.m.) $54 

Discounts: 20 half price HotTix go on sale at noon Tues. - Fri., Student/Senior half-price Rush one half hour before curtain, $16 for under 30, with valid ID, some restrictions apply. 

510-647-2949 or 888 4BRTTix, www.berkeleyrep.org 


Marimba Pacifica 

The Bay Area’s Premiere Marimba ensemble, a unique mixture of joyous World Beat dance music along with first Bay Area appearance of Dijaly Kunda Kouyate, traditional Griot Music from West Africa.  

Doors 8:30 p.m., music 9 p.m. 


San Pablo at Gilman 


510-525-5054 or band and CD info 510-532-3579 


Standup Comedy 

8 p.m. 

Julia Morgan Theater 

2640 College Ave. 

A special one night only East bay appearance by standup comedian Scott Capurro. $16.50. 925-798-1300, www.scottcapurro.com 


Saturday, April 20



Berkeley Alliance of  

Neighborhood Associations  



Live Oak Park 

1301 Shattuck Ave., Berkeley 

Hear the latest news for the city wide network and confab for neighbors and their groups.  



California State Parks  

Foundation’s Earth Day  


Forty Eight State and Community Parks throughout California host a variety of projects including recycling bin installation, planting of native trees and flowers, restoration of trails and wildlife habitats and an underwater cleanup along the coast. Volunteers of all ages needed  

9 a.m. to 1 p.m. 

For more information about volunteering for the 2002 Earth Day Restoration and Cleanup call 1-888-98-PARKS or visit the web site at www.calparks.org 


Eastshore State Park - Earth Day Project 

Clean-up Two beaches, removing debris and other materials that have washed up. 100 Volunteers needed, Bring gloves, sturdy shoes, water and sun-block. Supported by Starbucks of Alameda. 

10 a.m. to 2 p.m. 

Meet at Brickyard Beach, behind the Seabreeze Deli, go west off University Avenue from either direction on I-80. 

Further information: 510-544-2515 


Word Beat Reading Series 

7-9 p.m. 

458 Perkins at Grand, Oakland 

Entertainment of kinds come together for this free show, featuring readers “Vampyre” Mike Kassel and Eve Sutton. 

For more information: 526-5985, www.angelfire.com/poetry/wordbeat 


Mumia’s Freedom in a 9-11 World 

7:30 p.m. 

St. Joseph the Worker Church 

1640 Addison 

Historian Howard Zinn and Pulitzer novelist Alice Walker will speak at a legal benefit for death-row inmate Mumia Abu-Jamal. $20. 415-695-7745. 


Annual California Native Plant Sale 

10 - 3 p.m. 

Tilden Park 

Regional Parks Botanical Garden 

South Park Drive and Wildcat Canyon Road 

For more information call 841-8732. 


2nd Annual Self-Care and Wellness Practices Fair 

9 - 3 p.m. 

Alta Bates Hospital 

2450 Ashby 

Self Care and Wellness Practices fair offers participatory workshops and a health fair featuring booths, free consultations, demonstrations, mini-classes and health information. 530-5611 


Community Music Day 

noon - 5 p.m. 

Crowden Music Center 

1475 Rose St. 

Free concerts, an instrument petting zoo, Tatsumaki Taido, and other family activities. 559-6910, www.thecrowdenschool.org.  


Friends of Albany Seniors White Elephant Sale 

10 am - 2 pm 

846 Masonic Ave. 

All proceeds to benefit the Albany Senior Center.  

Home-made crafts, jewelry and baked goods will also be for sale!  

Donations to sell are being eagerly accepted through Friday, April 19th 


Free Puppet Shows 

1:30 and 2:30 p.m. 

Hall of Health 

2230 Shattuck Ave. 

Educational puppet troupe, Kids on the Block, will include puppets from diverse cultures with such conditions as cerebal palsy, blindness, arthritis, Down syndrome, leukemia and spina bifida. Free. 549-1564, www.hallofhealth.org.  


Three Films to Honor Judi Bari/Benefit the Earth First! 

Lawsuit and Heritage Tree  


7 - 9 p.m. 

Berkeley Fellowship Unitarian Universalists 

1924 Cedar 

“Viva Judi Bari!”; “Timber Gap”; “Conquest of the Giants - Mankind’s Historic View of the World Challenged”; 655-4601.  


Building Education Center 

“Earthquake Retrofiting” seminar taught by Tony DeMascole and seismic contractor Jim Gillett. $75 

10 a.m- 5 p.m. 

812 Page  



Regional Conference and Convergence, World Week for Animals in Laboratories (WWAIL)  

10 a.m. until 6 p.m.  

Berkeley Unitarian Fellowship, 1606 Bonita Ave. (at Cedar)  

Public Contact: ARDAC voicemail: 415.364.3053  

The conference will include experts and activists speaking on a variety of issues, including: debunking the myths of animal experimentation, the ABCs of anti-vivisection activism, and the campaign against HLS.  

FREE - Events for WWAIL , will run from Friday April 19th through Monday April 22nd.  

Animal Rights Direct Action Coalition 

740A 14th St. #177, San Francisco, CA 94114 

(415) 364 3053; www.ardac.org 


Low-Cost Hatha Yoga Class 

10 a.m. 

James Kenney Recreation Center 

1720 8th St. 

$6 per class. 981-6651. 


The Blessing of the Stained Glass Triptych designed by David Goines 

3 p.m. 

Saint Mary Magdalen Church, Reception Following 

2005 Berryman Street 


Live Afro-Latino Hip-Hop\Doors at 9 p.m. 

VooDoo Lounge 

2937 Mission St. 

San Francisco 




UC Davis Picnic Day 

Open House for the University of California, Davis. This hallmark event has been designed to showcase and celebrate the richness of campus life, the diverse achievements of UCD students, staff and faculty and to provide a day of education, information and entertainment for all who attend. There will be more than 150 events throughout campus, including the riotous band “The Blow Kings” who appear in Freeborn Hall from 3-4 p.m.  



Saturday, April 20 and Sunday, April 21 

420 Hemp Festival 

Zigaboo Modeliste and the New Aahkesstra, Extra Action Marching Band, 20 bands and DJ’s, Hemp Bazaar, Special Guests and more! 

Doors: 4 p.m., show 4:20 p.m.- 4:20 a.m. 

Studio Z (formerly the Transmission Theater) secure parking at 11th and Harrison, Saturday $22, Sunday $20 

415-486-8083, Tickets: Cannabisaction.net 

Berkeley High student is attacked on campus District spokesperson says attackers came from outside

By David Scharfenberg Daily Planet staff
Thursday April 18, 2002

Four males entered the Berkeley High School campus Wednesday afternoon and one assaulted a BHS student in the outdoor lunch area behind the “C” Building, according to school officials and students. 

Details of the attack were sketchy, district spokesperson Marian Magid said the attackers were not BHS students. 

Magid said one of the attackers struck the victim twice before the group of four fled the scene, and the victim suffered a cut next to his mouth. 

Magid said the assailants and victim “did appear to know each other.” She said there were not any indications that the attack is gang-related. 

The incident is the latest in a string of high-profile attacks at BHS this school year. In the fall, a group of students in ski masks carried out a number of assaults and in December, an attack on a sophomore, who has since transferred out of the district, left the victim with heavy dental bills, according to his father. 

The Wednesday attack took place around 2:40 p.m. just after sixth period ended, Magid said, and police arrived on the scene shortly thereafter.  

High school administrators told all the students who finished their school day after sixth period to leave campus, according to Magid, while those who had a seventh-period course remained at BHS. 

Laura Menard, a parent who is active on safety issues, arrived on campus shortly after the incident. She said the high school will have a difficult time dealing with these types of attacks next year because the Board of Education has voted to cut the high school security manager. 

“Next year, if someone isn’t here managing the connections, it’s not going to happen,” said Menard. 



See BHS/Page 9 



School board President Shirley Issel said she is confident that there will be “enhanced security” at BHS next year. Under the board’s plan, two discipline deans, put in place earlier this year, will take over supervision of the high school’s safety officers. 

Superintendent Michele Lawrence has suggested that she will add more safety officers to the force next year as well. 

Issel said the district will respond swiftly to the Wednesday incident. 

“I know this is going to be looked at very closely to see what steps need to be taken to ensure that our students are safe,” she said. 

Students interviewed by the Daily Planet said they are not fearful for their safety at the school. 

High school administrators and security staff and the Berkeley Police Department did not return calls by the Daily Planet’s deadline.

United States must stop genocide in Middle East

Joseph Stein Berkeley
Thursday April 18, 2002

To the Editor: 


Article II of the United Nations Convention on Genocide defines "genocide" to include any of the following acts "committed with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group": killing members of the group, causing serious bodily or mental harm to members of the group, deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part.  

As a former resident of Israel, it grieves me to state the obvious: at this very moment Israel is committing genocide on the Palestinian people.  

The United States has a clear moral and, as a signatory of the U.N. Convention, legal obligation to "prevent and punish" genocide. Our Government shirked these responsibilities in Europe in the 1940s, in Cambodia in the 1970s, in South Africa in the 1980s and in Rwanda in the 1990s.  

No more.  

American must take immediate action to stop the genocide in the Occupied Territories by, as a first step, halting all military and economic aid until Israel withdraws from the Territories. We owe this to the World Community, to ourselves and, most importantly, to the innocent children, men and women who are being victimized. 


- Joseph Stein 


Israel Independence Day sparks dueling UC events

By David Scharfenberg Daily Planet staff
Thursday April 18, 2002

The standoff between pro-Israeli and pro-Palestinian students on the UC Berkeley campus continued Wednesday with a pair of dueling events on Israel Independence Day. 

Pro-Israeli students waved flags, danced and ate traditional foods on Sproul Plaza, celebrating the nation’s 54th anniversary. Activists from Students for Justice in Palestine, some twenty yards away, rolled out a fifty-foot scroll listing the 418 Palestinian villages they say were destroyed by Israeli forces in 1948. 



“We want to express that what happened in 1948 is not something to be celebrated, it is something to be mourned,” said Snehal Shingavi, a UC Berkeley graduate student and SJP leader. 

“It’s a celebration of freedom and peace,” replied Randy Barnes, a UC Berkeley senior and co-chair of the Israel Action Committee, a campus group. 

Barnes said the Independence Day event marked a stark contrast with the SJP takeover of Wheeler Hall last week that resulted in 79 arrests. 

“That’s not the path of peace,” said Barnes, arguing that SJP action and rhetoric promote “anger and hate.” 

“The bottom line is that Palestinians are being slaughtered right now and Randy Barnes and his friends are dancing on Sproul and celebrating the government that’s doing this,” responded SJP leader Will Youmans. 

Activists on both sides said the atmosphere on campus has been tense since last week’s protest, which drew hundreds of activists and swarms of reporters to campus. But neither side reported any violence or serious incidents. 

One student, Micki Weinberg, a UC Berkeley freshman who calls himself “an ardent Zionist,” is attempting to bridge the gap between activists on both sides. 

Weinberg approached Eyad Latif, a Palestinian-American student, and suggested that activists on both sides start a group that will focus, not on politics, but on students’ “common humanity.” 

“I want people who are diehard Zionists sitting in the same room with people who are diehard Palestinians,” he said. Weinberg said the students could focus art, music and cultural heritage. 

Latif, who said that he has lost an infant sister and a grandmother in the Palestinian territories because the Israeli Army has cut off access to medical care, was hopeful about Weinberg’s overture. He said SJP members are discussing the offer. 

But some are skeptical. 

“Micki Weinberg wants to forget about the oppression of the Palestinian people and mingle instead,” said Youmans. “What’s needed is an honest political dialogue.” 

Barnes, of the Israel Action Committee, said he had not heard of Weinberg’s overture. He added that recent efforts by the Office of Student Life to intervene fizzled with last week’s protest. 

Weinberg is a former member of the Action Committee who left because his views are “not in line with IAC.”

Controlled growth sought through height limits initiative

By Jamie Luck Special to the Daily Planet
Thursday April 18, 2002

Urban density and the future development of Berkeley are not only key issues in the upcoming mayoral and City Council elections, but are being taken straight to the people with a new initiative to reduce the height limits of buildings and amend existing zoning ordinances. 

The measure specifically targets “out-of-scale” developments - buildings with greater height, size, and number of units than the density limits imposed by Berkeley’s 1977 Master Plan, and reinforced by the more recent, non-binding General Plan. 

The measure claims that oversized buildings are environmentally detrimental and threaten the health and safety of residents. The increase in population density due to these large units adds pressure to an 



already overburdened infrastructure, increasing electric power, water, and emergency services needs, as well as exceeding the capacity of the current sewage system and adding to burgeoning traffic congestion. Aesthetic and health concerns include the blocking off of existing views and the reduction of natural light necessary for radiant heating and solar power collection. 

“The height limits are just to control the out-of-scale developments,” said initiative sponsor Martha Nicoloff. “As you can see through current project developments, the city politicos have already exceeded the General Plan limits without public hearing.” 

A study by the Council of Neighborhood Associations (CNA) shows that developments approved over the last few years have consistently exceeded the guidelines suggested by the General Plan. At least 78 percent of the projects cited exceeded the limits through special permits, some by as much as four times the recommended units. 

“The rub is, the politicians have changed the plan to satisfy the public, but they don’t change the actual zoning ordinances to match the plan, still permitting height exceptions,” said Nicoloff. 

The measure would alter the zoning ordinance by lowering existing height limits, prohibiting the approval of variances to the limit, and outlawing the current practice of transferring development rights, which allows a developer to reduce the height of one project in exchange for increasing the height of another. 

A provision bound to satisfy hillside residents in danger of having their views blocked out, is one that requires any increase in building height over 28 feet to be subject to a public hearing before being approved by the Zoning Adjustments Board, rather than the current law which merely requires approval of the zoning officer. 

Even if the measure passes, it does not exclusively control height limits. A state law, which supercedes local zoning ordinances, grants developers a 25 percent size bonus to residential projects that have 20 percent of units designated as low income housing. 

If passed, the measure would remain in effect for 10 years, unless amended by a two-thirds vote of the city council.  

Berkeley is currently the third most congested city in Northern California, behind San Francisco and Daily City, with a density of 9,823 people per square mile. 

The measure, which has finally been approved by the city attorney after a series of drafts dating back to October, 2001, needs 3,000 signatures by June to make it on the November ballot. Volunteers will be gathering signatures at the BANA meeting on Sat., April 20 at Live Oak Park, 1301 Shattuck Ave., and through that afternoon at Berkeley’s Earth Day gathering.


The Associated Press
Thursday April 18, 2002

Today is Thursday, April 18, the 108th day of 2002. There are 257 days left in the year. 


Highlight in History: 

On April 18, 1775, Paul Revere began his famous ride from Charlestown to Lexington, Mass., warning American colonists that the British were coming. 


On this date: 

In 1906, a devastating earthquake struck San Francisco, followed by raging fires. About 700 people died. 

In 1921, Junior Achievement, created to encourage business skills in young people, was incorporated. 

In 1942, an air squadron from the USS Hornet led by Lt. Col. James H. Doolittle raided Tokyo and other Japanese cities. 

In 1942, the first World War II edition of Stars and Stripes was published as a weekly newspaper for U.S. troops in Northern Ireland. 

In 1945, famed American war correspondent Ernie Pyle, 44, was killed by Japanese gunfire on the Pacific island of Ie Shima, off Okinawa. 

In 1946, the League of Nations went out of business. 

In 1949, the Irish republic was proclaimed. 

In 1955, physicist Albert Einstein died in Princeton, N.J. 

In 1978, the U.S. Senate voted 68-to-32 to turn the Panama Canal over to Panamanian control on Dec. 31, 1999. 

In 1994, former President Nixon suffered a stroke at his home in Park Ridge, N.J.; he died four days later at a New York hospital. 


Ten years ago: 

Serbia issued a protest to the United States, accusing Washington of siding with Bosnia-Herzegovina and Croatia in the Yugoslav crisis. Democrat Jerry Brown met with black leaders in Philadelphia while front-runner Bill Clinton visited a Phillies-Pirates ballgame as the two courted Pennsylvania primary voters. 


Five years ago: 

President Clinton held a news conference in which he warned Republicans that a balanced-budget deal might not come quickly, while reassuring nervous Democrats that he would not abandon the party’s prized social programs. 


One year ago: 

U.S. and Chinese diplomats began two days of talks over the April 1 collision involving a U.S. spy plane after Beijing and Washington staked out opposing positions on who was to blame for the incident. 


Today’s Birthdays: 

Actress Barbara Hale is 81. Blues singer Clarence “Gatemouth” Brown is 78. Actor Clive Revill is 72. Actor James Drury is 68. Actor Robert Hooks is 65. Actress Hayley Mills is 56. Actor James Woods is 55. Actress-director Dorothy Lyman is 55. Actress Cindy Pickett is 55. Country musician Walt Richmond (The Tractors) is 55. Actor Rick Moranis is 48. Actress Melody Thomas Scott is 46. Actor Eric Roberts is 46. Actor John James is 46. Rock musician Les Pattinson (Echo and the Bunnymen) is 44. Talk show host Conan O’Brien is 39. Actress Jane Leeves is 39. Actor Eric McCormack is 39. Actress Maria Bello is 35. Rock musician Greg Eklund (Everclear) is 32. Rhythm-and-blues singer Trina (Trina and Tamara) is 28. Actress Melissa Joan Hart is 26. Actor Sean Maguire is 26. Actress Alia Shawkat is 13. 



Earth First! v. FBI jurors examine bombed Bari car

By Chris Nichols Special to the Daily Planet
Thursday April 18, 2002

Jurors in the Earth First! v. FBI case examined up-close the bomb-blasted car environmental activists Judi Bari and Darryl Cherney were traveling in almost 12 years ago. 

The 1981 Subaru is a key piece of evidence for the plaintiffs in their attempt to prove that the FBI and Oakland Police Department mishandled the bombing investigation involving the two activists. 

Attorneys for the FBI and Oakland Police claim that Bari and Cherney knew the bomb was in the back seat of the car and that it was visible. 

Lead Counsel for Bari and Cherney, Dennis Cunningham, claims the bomb was planted under the front seat of the car, invisible to Bari and Cherney. 

In a press conference at the site of the damaged car, Cunningham pointed to the hole in the front driver side floorboards and the damage to the front driver side door. "The front door is smashed, destroyed. The back door is fine, it functioned perfectly well because the bomb wasn’t placed by that door. It was placed under the front seat, that’s our contention," says Cunningham. 

Jurors were able to examine all sides of the car and paid close attention to the details of the damage, crucial to the case of both Earth First! and the FBI. "They paid close attention as if they were in the court room even though they were outside here at the site of the car," says Cunningham. 

Bomb expert David Williams will testify Thursday regarding the damage caused by the explosion in the attempt to pinpoint the bomb’s exact location at the time it went off. 

Wednesday’s viewing of the car followed further testimony from Oakland Police officers. 

Attorney for the plaintiffs Robert Bloom questioned defendant Oakland Police Sgt. Robert Chenault about his involvement in the investigation of the bombing and his knowledge of the Earth First! environmental movement. 

Chenault testified that he considered Earth First! a violent terrorist organization. "Earth First! has a past of violence and sabotage. Judi and Darryl were leaders of Earth First!," explained Chenault. 

As the second assigned investigator at the bomb scene, Chenault was convinced shortly after the bombing that Bari and Cherney knew the bomb was in the back of their car and were planning to use it in their campaign against the timber industry. "It was my belief that they were transporting the bomb to Santa Cruz and that something was going to happen in Santa Cruz," says Chenault. 

Bloom also questioned Chenault about his involvement in drafting the initial warrant for the arrest of Bari and Cherney and his search of both Bari and Cherney’s homes in Northern California. 

Attorney for the current and former members of the Oakland Police, Maria Bee, asked Chenault if fellow activist Shannon Marr’s claims that Bari and Cherney had adopted a non-violent approach were significant. According to Chenault, "I listened to what Marr said about Bari and Cherney but also considered that she might be influenced by her friendship with the two activists." 

Sgt. Myron B. Hanson a former member of the Oakland Police arson bomb detail and not a defendant in the case also testified Wednesday. 

Attorney for Bari and Cherney Tony Serra questioned Hanson concerning his bomb training and experience reporting to bomb scenes. 

Hanson testified that at the time of the bombing he had had three weeks of bomb school but admitted he was "not an expert." 

Hanson also told the court that he had never seen a case like the bombing involving Bari and Cherney and that "the Oakland Police had no bomb specialist." 

Attorneys for the plaintiffs asked Hanson about a meeting between the FBI and Oakland Police to discuss the history of Earth First! shortly after the bombing. 

Attorney Serra asked why Hanson’s notes from his meeting with the FBI had not specified Bari or Cherney but rather Earth First! activities in Arizona and Santa Cruz. Hanson testified that the meeting was about Earth First! in general, not about the two activists involved in the bombing saying "My note-taking in kind of poor. I remember the FBI was doing most of the talking." 


See CAR/Page 12 

On Monday attorneys painted two very different pictures of defendant Sergeant Michael Sitterud and his handling of the 1990 car bombing that left environmental activists Judi Bari and Darryl Cherney injured. 

Bee asked Sitterud about his knowledge of the Earth First! movement and the philosophy of the activist group. "One of the things I had learned about Earth First! was that they believed it was their right to do things, to shut down the lumber companies, whether it was legal or illegal," says Sitterud. 

Sitterud testified that he was not convinced, after watching a video of Judi Bari, that the activist was committed to non-violent environmental action, saying the video showed Bari’s denial of violence to be "tongue-in-cheek." 

Bee questioned Sitterud revealing that the chief investigator belonged to at least six environmental groups including the Sierra Club, Nature Conservancy, Trout Unlimited and Ducks Unlimited. 

In response to how Sitterud and other Oakland Police officers decided Bari and Cherney were the main suspects, Sitterud responded that he had previously seen a similar bomb found in a conflict with a lumber company in Northern California. 

Bee also asked Sitterud about his work after the bombing to locate an alternate suspect other than Bari or Cherney. Sitterud testified that he had conducted several interviews up north hoping to develop more leads on the case and collecting evidence. 

Supporters of the Earth First! movement claim federal and police investigators have done little to find the actual bombing suspects after dropping charges against Bari and Cherney due to a lack of evidence. In response, the FBI and Oakland Police claim that Earth First! supporters have refused to speak with investigators, slowing their efforts to gather information on the case. 

Disability group says San Francisco airport inadequate

Thursday April 18, 2002

SAN FRANCISCO — Groups representing disabled passengers sued San Francisco International Airport on Wednesday, accusing it of failing to provide adequate access to deaf and hard-of-hearing travelers. 

The suit, which seeks class-action status, accuses the airport of failing to inform deaf passengers when they are to board, wrongly bumping them from flights and failing to notify them of gate changes. 

The suit also notes the airport recently spent $840 million on an international terminal, but did not provide adequate services for the deaf. 

A spokeswoman for the airport, owned and operated by the city and county of San Francisco, was not immediately available for comment. The suit was brought by Disability Rights Advocates and the California Center for the Deaf. 

Growth in transit use outpaces increase in highway travel

By Jonathan D. Salant The Associated Press
Thursday April 18, 2002

WASHINGTON — More Americans are commuting on buses, subways and trains, new statistics show. 

The American Public Transportation Association, the trade group for municipal transit agencies, reported Wednesday that mass transit systems carried 9.5 billion passengers last year, up 2 percent over the 9.3 billion trips reported a year ago. 

At the same time, motorists drove 2.78 trillion miles in 2001, up 1 percent over the 2.75 trillion miles driven in 2000, Federal Highway Administration statistics show. 

In California, the increase in transit use was nearly 6 percent. 

“Americans want choice and freedom, and in places where transit service is improving, they are often choosing the bus or the train over their own car,” said David Burwell, president of the Surface Transportation Policy Project, a coalition of public interest and professional organizations that supports alternatives to building new roads. 

An official with The Road Information Program, a research group financed by the construction industry, noted that most travel is still by car. 

“The majority of surface transportation is taking place on our nation’s highways,” TRIP Executive Director William Wilkins said. “Both modes would be hurt if federal funding were cut.” 

President Bush’s proposed budget for the fiscal year beginning Oct. 1 would cut federal highway funds by $8.6 billion. 

More people are riding the rails or traveling by bus now than at any time since 1959, when 9.6 billion trips were recorded. 

Transit officials said they are reaping the benefits of government investment in new routes and equipment. Los Angeles reported a 15 percent increase in ridership, while Denver had a 6.7 percent increase and the Washington area had an increase of 5.9 percent. 

Between 1995 and 2001, mass transit ridership grew 22 percent, from 7.8 billion trips, while highway travel grew by 16 percent, from 2.4 trillion miles. 

Special screens designed to protect endangered sucker fish

The Associated Press
Thursday April 18, 2002

KLAMATH FALLS, Ore. — The U.S. Bureau of Reclamation has finished design of special screens to keep endangered fish out of the Klamath Reclamation Project’s primary canal intake and hopes to have the devices installed by next spring. 

The $15 million project is designed to prevent the deaths of endangered shortnosed suckers and Lost River suckers, and reduce the need to ever again shut off irrigation water to 1,400 farmers served by the irrigation system straddling the Oregon-California border. 

Studies have shown millions of juvenile and larval suckers each year can be drawn out of Upper Klamath Lake into the irrigation system’s A Canal, where they die when the canals go dry in the winter. 

The U.S. Fish and Wildlife Service has identified the problem as a major factor in the decline of sucker populations, and has been calling on the bureau since 1992 to install screens on various water intakes. Last month a special task force appointed by President Bush to resolve the Klamath Basin’s water woes included the screens in a list of projects. 

To install the screens, the bureau will replace the 95-year-old headgates controlling flows into the A Canal, which were the scene of tense confrontations last summer between protesters and federal police over irrigation deliveries being shut off to protect fish. 

Work will be done between October and April to prevent interruptions in irrigation, said Dan Fritz of the bureau. 

Sick sea lions swamp LA recovery center

The Associated Press
Thursday April 18, 2002

LOS ANGELES — More than 30 sick and dying sea lions have swamped a San Pedro marine mammal recovery center, where workers are struggling to care for the apparent victims of a naturally occurring neurotoxin. 

Recovery workers at the Marine Mammal Care Center at Fort MacArthur have treated at least 33 sea lions, many pregnant, since March 17. The majority have responded to treatment, including medicine for seizures believed brought on by the toxin, called domoic acid. 

“I have been here nine years and I have never seen anything like this,” said Jackie Jaakola, the center’s director. 

Scientists suspect the sea lions became ill after eating anchovies and sardines that have dined on blooms of algae that contain the toxin. 

Domoic acid is believed to have killed dozens of common dolphins in recent weeks and has led the state to warn against eating sport-caught fish and shellfish from the Monterey Bay and Morro Bay areas. 

“I don’t know how long it’s going to last, but the animals keep coming in dead,” said Joe Cordaro, a wildlife biologist with the National Marine Fisheries Service in Long Beach. 

In the last month, as many as 50 sea lions suffering from seizures have been found on beaches between Santa Barbara and San Diego counties, Cordaro estimated. 

Rescue workers are now performing triage on the sea lions, leaving all but the most ill where they are found for at least 48 hours before bringing them in for treatment.

Cal Grant program hands out more awards, but falls short of expectations

The Associated Press
Thursday April 18, 2002

RANCHO CORDOVA, Calif. — Officials from California’s expanded Cal Grant scholarship program say they’ve worked out the bugs that led to a shortfall in the number of grants given out last year. 

Preliminary numbers show about 53,000 graduating high school students have already received money for college in the most recent application cycle, according to Carole Solov, spokeswoman for the California Student Aid Commission, which handles the Cal Grant program. 

That’s 4,500 more than the previous year, but it’s still about 30,000 short of projections made before the new program started. 

The Cal Grant program has been around since 1956. It aims to help every qualified high school student get a degree. Under the old program, any California student could apply, but only about 30,000 students received a grant. 

In 2000, the state bumped up funding for the program but implemented restrictions on who could apply. There are now an unlimited number of guaranteed grants available, but only recent high school graduates who meet certain financial requirements are eligible. For older students, a more competitive grant was established, but the number of grants was capped at 22,500 per year. 

The new program was criticized last year when the number of grants fell short of the target in its first year. Program officials estimated they would give out 95,000 guaranteed grants, but only gave out 48,500, meaning more than $90 million went unused and was returned to the state. 

The problem, according to Solov, was that more than 100,000 students applied for the competitive grants and not enough students qualified for the guaranteed grants. 

Legislatures tried to shift $35 million from the guaranteed to the competitive program, but the bill failed. 

Another problem was that many of the 188,000 applications that came in last year had incomplete information and were eliminated. This year, commission employees will call more than 24,000 students who incorrectly filled out the forms and let them reapply. More money is also being spent on public awareness to encourage more students to apply. 

‘Survivor’ to host all-star version with past players

By DAVID BAUDER AP Television Writer
Thursday April 18, 2002

NEW YORK — How would aggressive nudist Richard Hatch do against sweet-talking schemer Tina Wesson? Can you imagine Susan Hawk from the first “Survivor” dressing down would-be godfather Rob Mariano from the current show? 

Such what-ifs could happen. “Survivor” executive producer Mark Burnett said Tuesday that he’s planning an all-star edition matching memorable players from past editions of the game. He’d like to make the alumni game sometime next year. 

Burnett wouldn’t be limited just to the players who won. He would have free reign to match his favorite personalities, and said most would love to do it again. 

The current, fourth edition of “Survivor,” on the South Pacific island of Marquesas, has represented something of a critical comeback for the show. Burnett conceded that the third “Survivor,” in Africa, didn’t resonate quite as well with viewers. 

“I loved it, but clearly from a viewer’s point of view, it was a bit harsh, there wasn’t enough chemistry, and we could have used the water challenges,” he said. 

The current show, set on a lush island in the South Pacific, has proven a bigger hit with fans. Groups of contestants have morphed and merged rapidly, garnering peals of approval from family rooms across the country. 

Marquesas contestants have piqued viewers’ interest in unique ways. A middle-aged real estate agent, for example, has defied expectations and stayed in the game — to the delight of many. 

CBS plans to shoot the concluding episode of the current “Survivor” in New York City’s Central Park, if permission is granted. Contestants will not be asked to forage for nuts and berries there. 

Burnett recently received government approval from Thailand to shoot another “Survivor” edition on a tropical island there. He wouldn’t confirm that’s where “Survivor 5” will be, saying he’s also scouted locations in the Amazon. 

And he said he’s continuing to pursue a deal with Russian authorities to shoot a reality show in space. A previous agreement fell through, literally, when the Mir space station fell to Earth. 

Burnett’s other adventure game, “Eco-Challenge,” begins later this month on the USA cable network. 

U.S. Park Service sets Jet Ski rules for national park system

By John Heilprin The Associated Press
Thursday April 18, 2002

WASHINGTON — Personal watercraft such as Jet Skis will be permanently banned at three national seashores and two national recreation areas beginning next week, the National Park Service said Tuesday. 

The decision to close the five sites to the motorized watercraft followed a lengthy review and extensive public comments, said Deputy Director Randy Jones. 

Eight other areas in the national park system will be temporarily closed to the watercraft Monday but could be reopened if the individual parks should adopt rules for their use. 

That leaves eight park system areas open to the high-speed motorized craft this summer, except for temporary closures beginning Sept. 15. 

Additionally, Jones said, sites where personal watercraft are allowed can restrict them to certain areas. 

The eight areas open to watercraft were granted extensions this summer under a court-approved settlement a year ago with Bluewater Network. The San Francisco-based environmental group sued to ban the watercraft throughout the federal parks system. Sixty-six water bodies overseen by the National Park Service earlier were declared off-limits to the watercraft. 

Personal watercraft are high-speed, gas-powered vessels, usually less than 16 feet in length, operated from a sitting, standing or kneeling position. They are commonly known as wet bikes or by their trademarks such as Jet Ski, Wave Runner or SeaDoo. 

Still open to personal watercraft this summer are Amistad National Recreation Area, Texas; Curecanti National Recreation Area, Colorado; Chickasaw National Recreation Area, Oklahoma; Bighorn Canyon National Recreation Area, Montana and Wyoming; Lake Mead National Recreation Area, Nevada and Arizona; Lake Meredith National Recreation Area, Texas; Glen Canyon National Recreation Area, Utah and Arizona; and Lake Roosevelt National Recreation Area, Washington. 

The five sites where personal watercraft are scheduled to banned permanently on Monday are Cape Cod National Seashore, Massachusetts; Delaware Water Gap National Recreation Area, Pennsylvania and New Jersey; Indiana Dunes National Lakeshore, Indiana; Cumberland Island National Seashore, Georgia; and Whiskeytown National Recreation Area, California. 

The eight being made off-limits temporarily are Assateague Island National Seashore, Maryland and Virginia; Big Thicket National Park, Texas; Pictured Rocks National Lakeshore, Michigan; Fire Island National Seashore, New York; Gateway National Recreation Area, New York and New Jersey; Gulf Islands National Seashore, Mississippi and Florida; Padre Island National Seashore, Texas; and Cape Lookout National Seashore, North Carolina. 

But environmentalists said Tuesday they worried the Park Service might ease up at three national seashores — Gulf Islands, Padre Island and Cape Lookout — because it is now requiring superintendents in those three areas to reconsider their recommendations last year that watercraft should be banned. The areas had been on the list for permanent closures Monday. 

A hearing on a watercraft industry suit challenging the ban is scheduled for Wednesday before U.S. District Judge John D. Rainey in Victoria, Texas. The suit alleges the Park Service arbitrarily discriminated against a class of park users, personal watercraft users. 

Environmentalists have argued that personal watercraft damage the landscape and wildlife and create risks to public safety risk. 

The House Resources Committee approved a bill to postpone the prohibition until December 2004, but the Senate has not taken up the legislation. 


On the Net: National Park Service: http://www.nps.gov 

Personal Watercraft Industry Association: http://www.pwia.org 

Bluewater Network: http://www.bluewaternetwork.org 

Bill to reduce SAT’s power at UC passes committee

By Stefanie Frith The Associated Press
Thursday April 18, 2002

SACRAMENTO — A bill that asks the University of California to stop using standardized tests as the sole criterion for graduate school admissions passed an Assembly committee Tuesday. 

Assembly Concurrent Resolution 178 was approved 6-1 by the Assembly Higher Education Committee, sending the bill to the Appropriations Committee. Assemblyman Phil Wyman, R-Tehachapi, voted no. 

During a press conference earlier Tuesday at the University of California, Davis, Lt. Gov. Cruz Bustamante cited a dramatic decrease in the number of minorities enrolling in the University of California graduate and professional programs as reasons the bill was needed. 

The University of California needs to implement the same admission standards for students applying to graduate programs and professional schools that are now in place for undergraduate freshman students, said Bustamante, a Democrat. 

Lavonne Luquis, a UC spokeswoman, said each university uses different factors in determining admissions. Test scores are considered, but the universities also look at student accomplishments and leadership skills. 

Despite California’s increasing diversity, the number of minority students being admitted to UC graduate programs and professional schools is down. For example, from the fall of 1994 to the fall of 2001, the number of Hispanics admitted to law schools at UC Davis, UC Berkeley and UCLA declined by 33 percent, according to the University of California. 

During the same period, the number of black students admitted to the same three law schools declined by 55 percent, while American Indians declined 65 percent. 

“The numbers are staggering,” said Assemblyman Manny Diaz, D-San Jose, the bill’s author. “We need to do more here in Sacramento to make sure all students can participate in our graduate programs.” 

His resolution asks the University of California to review its admissions process used in its graduate and professional schools by the end of the 2002-03 term. That would include considering a broader variety of academic and personal qualifications.

CalPERS drops two HMOs, raises rates by 25 percent

By STEFANIE FRITH Associated Press Writer
Thursday April 18, 2002

SACRAMENTO — The California Public Employees’ Retirement System dropped two of the four major health maintenance organizations offered to its 1.2 million members Wednesday while raising rates for next year by 25 percent. 

The decision by California’s largest purchaser of public employee health benefits will cost employees across the state hundreds of dollars more per year, CalPERS officials said. 

The announcement comes as part of a chain reaction in health care, as hospitals charge HMOs and insurers more, who then pass those costs to the people they cover. 

CalPERS dropped Pacificare and Health Net while keeping Blue Shield and Kaiser Permanente along with three small, regional HMOs. 

Premiums will rise by 25.1 percent for HMOs, which serve three-quarters of CalPERS members, and up to about 22 percent for preferred provider insurance plans. The cost for the HMO rate increases alone, to be shared by the state and its employees and retirees, is $2.4 billion. 

How much CalPERS members will pay depends on their employers and insurance plan, but many retirees will not pay higher rates because the state pays their entire premium. 

Costs for employees will depend on which HMO they stay with, and if they are a single person compared to a family. A single person with Blue Shield in 2003 could pay from $34 to $58 more per month, while a family of four could pay $90 to $107 more per month. Benefits, however, will remain the same. 

“It’s going to be substantial for lower-income people,” said CalPERS president William Crist. 

CalPERS covers all state and local government employees, including retirees and public school employees who are not teachers. 

For years, CalPERS has relied on competition among HMOs to keep costs down, but this year all HMOs are raising prices. Nationwide, major insurers are raising premiums 10 to 30 percent, the largest increases in decades. 

In their negotiations with CalPERS, some HMOs proposed raises of up to 41 percent while reducing benefits and pulling out of some counties, which would have left many employees and retirees without an HMO option in their area. 

CalPERS officials wouldn’t specify the high bidders, but they did say that Pacificare and Health Net were among the highest. 

Crist said CalPERS is “trying to raise the visibility of this crisis.” 

Part of the current problems have been caused because hospitals must pay billions of dollars in uncompensated health care caused by so many uninsured Californians, said Jan Emerson, vice president of the California Healthcare Association. 

“Seven million people are uninsured but that doesn’t stop them from showing up at hospitals and requiring care,” she said, adding that two out of three California hospitals are losing money, with about 30 closing in the last six years. 

Emerson also points to recent state and federal laws that have required hospitals to retrofit for earthquake safety, which has cost $24 billion since 1994.

Former L.A. mayor Riordan floats plan to start newspaper By Erica Werner The Associated Press LOS ANGELES — Former mayor Richard Riordan said Wednesday he plans to start a new newspaper to offer an alternative voice to the Los Angeles Times. Riordan,

By Erica Werner The Associated Press
Thursday April 18, 2002

LOS ANGELES — Former mayor Richard Riordan said Wednesday he plans to start a new newspaper to offer an alternative voice to the Los Angeles Times. 

Riordan, 71, a multimillionaire who last month lost a bid to become the Republican candidate for governor, said he hopes to publish a broadsheet newspaper beginning this summer focusing on local news and features and columns about the media and the Internet. 

He said he hasn’t yet decided whether it would be a weekly, biweekly, or five-times-a-week daily, or what it would be called. He said he hasn’t decided whether to charge for it. 

The target audience would be 25- to 50-year-old homeowners. 

“I think a paper can make money and also can challenge the L.A. Times to be a better paper,” Riordan said. “I think this town needs a paper that’s going to put our city more into perspective and show more respect for the city.”

Not just in the movies: Safe rooms a rare security feature for cautious homeowners

By Lukas I. Lalpert The Associated Press
Thursday April 18, 2002

NEW YORK — Welcome to the new world of real estate ads: four-story brownstone, six fireplaces — and high-tech, armor-reinforced safe room. 

That describes the house in Jodie Foster’s hit movie “Panic Room.” In real life, safe rooms are still exceedingly rare, but offer cautious (and very wealthy) homeowners a safe haven from home invaders. 

“People who think these are like bomb shelters — that’s not what they’re for,” says Lou Palumbo, director of the Elite Group, a security firm that has designed safe rooms in New York and Los Angeles. “The concept is to insulate you and your family from intruders who are trying to rob or kidnap you.” 

The safe room can be as simple as a closet with a reinforced door and a phone inside. Typically, it’s a room separated from the rest of the house by reinforced walls and a hidden, magnetically locking door. Features include independent ventilation systems and phone lines — and, for longer stays, perhaps a toilet. 

For the ultra-security-conscious, options can include lining the room with armor or bullet-resistant Kevlar, setting up a closed-circuit TV network to watch the rest of the home, and installing a backup generator. 

Foster’s battle against intruders from within her secure walls earned more than $73 million at the box office in three weeks, creating a buzz about the little-known security technique. (Screenwriter David Koepp changed the name to “panic room” for a more compelling title.) 

The idea is simple, Palumbo explains. If an intruder enters your home, you flee to the safe room. Inside, using a phone line protected from the attackers, you summon the authorities. 

Industry experts won’t speculate about how many safe rooms there are, although a number are in Manhattan townhouses and Hollywood mansions. None come cheaply: A fully equipped room can cost up to $500,000. 

Jeff Schlanger, chief of security services for security firm Kroll Inc., says a safe room’s design is determined by a threat analysis: the buyer’s “station in life,” the home’s location and the potential threats the homeowner faces. 

William Bratton, ex-commissioner of the New York Police Department, says he sees little need for such a room in American homes. 

“It’s something that might be more applicable or more widely used in foreign countries,” Bratton said. “If you’ve got the money, that’s great. But what are the chances you’re ever going to use the darn thing?” 

And if you do, there’s no guarantee of success. In 1999, billionaire banker Edmund Safra was killed in his Monte Carlo penthouse after retreating to a reinforced bathroom because he feared intruders had entered the house and set it on fire. 

There were no intruders; the fire was set by Safra’s nurse, Ted Maher, who told authorities that he concocted the plan so he could save Safra’s life and earn a promotion. 

The concept of a room protected from the outside world is hardly new. In medieval times there was the castle keep; in the 1950s, bomb shelters. 

Reinforced rooms have been built for years in homes that could lie in the path of natural disasters such as hurricanes or tornados. 

In Snellville, Ga., an Atlanta suburb, a planned subdivision gives potential buyers the option of having a reinforced room built into the 7,500-square-foot, $1.2 million homes. 

“We live in a tornado-prone area, and FEMA (the Federal Emergency Management Agency) has been recommending safe rooms in houses for several years now,” said John Miles, an architect involved in the construction. 

Safety from natural disasters comes more cheaply than protection from predators. Miles says the cost of a reinforced tornado room runs only around $2,000. 


On the Net: 

Kroll Inc.: http://www.krollworldwide.com 

FEMA: http://www.fema.gov/mit/saferoom/index.htm 

Five planets line up in a rare celestial array

By Andrew Bridges The Associated Press
Thursday April 18, 2002

LOS ANGELES — The five brightest planets visible from Earth have lined up in plain sight to form a spectacular celestial array that won’t be seen again until 2040. 

Through the next four weeks, Jupiter, Mars, Mercury, Saturn and Venus will appear tightly clustered in the western sky, forming a knot of planets that can be viewed in the evening despite the glow of light-soaked cities. 

“The five naked-eye planets are converging in one part of the sky and from now until mid-May you can see all five at one glance, which is pretty unusual,” said John Mosley, an astronomer at the Griffith Observatory in Los Angeles. 

Each evening, the alignment will assume different shapes, as the five planets continue on the orbital paths that take them around the sun. The planets orbit in the same plane, like grooves in a phonograph record, only at different distances. 

Each planet also varies in the amount of time it takes to orbit the sun: Mercury zips around once every 88 days; Saturn takes more than 29 years; the others fall in between. At times the planets appear to cluster together. 

Similar bunchings occur every 20 years or so, although they are not always visible. The last they were this visible was in 1940. 

In May 2000, the five planets formed a tighter bunch, but were so close to the sun that they were washed out by its glare. 

In 2004, they will appear together again in the night sky, but will be spread over a much wider area, said J. Kelly Beatty, executive editor of Sky & Telescope magazine. They won’t be as easy to spy at a single glance again until 2040. 

“This is the nature of the clockwork of the solar system,” Beatty said. “We like to think of it as a way to remind people there is a simple beauty in the heavens that doesn’t require any special training to appreciate.” 

Astronomers stress there is no astronomical significance to the pileup. It is, Beatty said, just a “pretty coincidence.” 

That hasn’t stopped doomsayers in the past. In the months before the May 2000 lineup, some thought it foretold widespread catastrophe. 

To view the planetary alignment, find a dark area and look west as twilight ends. Binoculars or a telescope are not needed. 

The planets already are appearing together nightly, although they will be at their closest on May 14, when Jupiter will be high and bright in the sky. Below it, Venus will be paired with the crescent moon. Mars will lie below it, and Saturn below it. Farther down and to the right, Mercury will hug the horizon. 



On the Net: 

Sky & Telescope www.skypub.com 


Griffith Observatory http://www.griffithobs.org 

Davis: No tax hike despite deepening budget crunch

By ALEXA HAUSSLER Associated Press Writer
Thursday April 18, 2002

SACRAMENTO (AP) — State revenues have dipped more than $1 billion below expectations this year and officials are anxiously awaiting the results of April’s tax returns to gauge California’s fiscal health. 

The April figures will pave the way for the annual May budget revise that likely will include deep cuts if revenues continue to sag. 

Gov. Gray Davis warned earlier this week that for the first time he may not be able to meet the school funding level required by Proposition 98, the voter-approved measure that requires about 35 percent of the state’s general fund to go to public schools. 

Several lawmakers have proposed a variety of tax hikes to help boost the state’s treasury. 

But Davis, who faces re-election in November, said he has no plans to resort to tax increases to patch an ever-growing budget hole. 

“That is my expectation: that we can tighten our belt and get through a difficult year,” Davis said Wednesday after speaking to a group of business leaders in Sacramento. 

“That’s what individuals have to do, that’s what they expect their government to do and that’s what we’ll do,” he said. 

California already faces a budget shortfall of more than $14.5 billion, according to estimates by the Legislative Analyst’s Office. 

A monthly finance bulletin issued by the state Finance Department said there are signals that the economy is picking up, including the creation of 21,000 nonfarm jobs in California since November. 

But at the end of March, state revenues for the year were $1.14 billion lower than the $46 billion that was expected and sales, income and corporation tax receipts continued to sag, according to the report. The revenue shortfall could translate to an even larger-than-expected deficit. 

On May 14, Davis will submit his plan to revise the 2002-03 budget plan, based on revenue figures through April. The state receives its clearest fiscal picture of the year at the end of April, when the bulk of income tax receipts pour in. 

Davis Wednesday said his finance advisers have not yet determined how much, if any, he will need to trim from the $100 billion budget proposal he released in January. 

“We are just positioning ourselves for a whole variety of different scenarios,” Davis said.

Authorities searching for former Cisco executive

Thursday April 18, 2002

SAN FRANCISCO — Authorities said Wednesday they are searching for a former executive at Cisco Systems Inc. accused of diverting about $10 million in Cisco-owned stock into personal accounts in the Bahamas. 

Robert Gordon, 42, of Palo Alto was indicted last year on two counts of wire fraud for the alleged multimillion-dollar scheme. He has pleaded innocent. 

Gordon was free on $5 million cash bond, with his $1.6 million home as collateral. Authorities said he failed to appear in federal court Tuesday for a routine status conference to discuss a possible guilty plea. U.S. District Judge Jeremy Fogel declared Gordon a fugitive and issued an arrest warrant. 

Authorities said Gordon transferred 30,206 shares of stock in Internet Security Services Group, which since has been acquired by Cisco, into a Bahamian shell company he created called “Cisco Systems Inc. Bahamas.” 

Prosecutors said Gordon, a five-year employee who became a vice president of business development, transferred the stock without Cisco’s permission. 

Cisco Systems is the world’s leading maker of Internet equipment. The San Jose company has fired Gordon. 

BUSD teachers protest layoffs District rescinds 38 layoff notices, offers retirement incentives

By David Scharfenberg Daily Planet staff
Wednesday April 17, 2002

About 150 teachers and supporters rallied on the steps of the Berkeley Unified School District’s Martin Luther King, Jr. Way headquarters Tuesday afternoon, protesting teacher layoffs scheduled to take effect next year. 

“It shouldn’t be the teachers,” said Jean Whittlesey, a science and health teacher at Berkeley Alternative High School who has received a layoff notice. “We are the foundation of education.” 

The district has issued layoff notices to 173 teachers as part of an effort to cut $5.4 million and balance next year’s budget. According to district figures, 82 of those teachers are “probationary,” meaning they are generally first- or second-year teachers with a preliminary or full credential. Ninety-one of the teachers are “temporary” teachers – generally new instructors who are often on an emergency credential.  

The administration has always planned to rescind many of the layoff notices as the budget picture clears up, and has taken back 38 in the past week, all for probationary teachers, according to Superintendent Michele Lawrence. 



Lawrence said she is “feeling more and more confident” that a “large group of probationary teachers” will retain their jobs. She said it is too early to determine whether any temporary instructors will return. 

Barry Fike, president of the Berkeley Federation of Teachers announced at the Tuesday rally that the district has agreed to offer retirement incentives to instructors. More retirements, he said, could mean less layoffs. 

Lawrence confirmed the offer. She said the district would likely offer a one-time lump sum, rather than an on-going payment. Lawrence added that the district could only offer the payment if enough teachers agree to take it, making it financially worthwhile for the district.  

Lawrence said she did not know, at this point, how much money the district would provide as an incentive. 

Teachers at the rally lamented the potential loss of young teachers and criticized previous administrators, including former Superintendent Jack McLaughlin, for wreaking havoc on district finances. 

“The people who got us into this mess are gone,” said Cheryl Marsh, a special education teacher at Cragmont. “It’s interesting that the teachers and children are left with the mess.” 

Several teachers suggested the Board of Education, which has approved $3.8 million in cuts thus far, should have trimmed elsewhere. But district officials and school board members have long contended that, with district money heavily invested in staff, significant layoffs are unavoidable. 

Many of the teachers who received notice will take part in layoff hearings with the district Thursday and Friday. The instructors will have the opportunity to challenge any inaccuracies in district records on their seniority and credentials. 

In the end, layoffs will be determined by seniority, with exceptions for less experienced teachers who hold specific types of credentials that no older teachers have.  

Berkeley High swimmers dominate Encinal Jets

By Jared Green Daily Planet Staff
Wednesday April 17, 2002

The Berkeley High swimming team continued their undefeated ACCAL run with a win over Encinal on Tuesday, making the ’Jackets 3-0 in league meets. 

Berkeley claimed victories in 20 of the 24 varsity races against the Jets, and four Berkeley swimmers won two events apiece. Nick Easterday won the 50- and 100-meter freestyles, while Ariel Nikzad took first place in the 500 freestyle and 100-meter breaststroke, and the two were also part of Berkeley’s winning 200-yard medley relay and 400-meter freestyle relay teams.  

The 400 free relay was the day’s most exciting race, with the ’Jackets falling behind on the first leg before Nikzad came back to take the lead in the third leg, handing anchor Dominic Cathey a 10-meter margin of error to bring it home. 

On the girls’ side, Amy Jagust won the 200 freestyle and 100-meter butterfly and Gretchen Arnason won the 50 and 500 freestyles. 

Tuesday’s meet was held under a foggy sky, with intermittent rain keeping the swimmers in the practice pool and spectators in the clubhouse. Berkeley head coach Keith Brooks said the weather put a damper on the ’Jackets’ performances. 

“It’s not so much the rain as the cold and wind,” Brooks said. “It’s a biting wind, and it makes it hard to loosen up.” 

Brooks’ team is in the middle of a grueling stretch of five meets in a little more than two weeks. But rather than worry about his swimmers getting tired, Brooks sees the constant competition as a motivator. 

“We haven’t had to worry about the fatigue factor in the past. I think the kids are pretty stoked up to swim so much,” he said. “The only issue is the scheduling problem. Other things in their lives tend to conflict with swimming.” 

With three league meets left, including a final date with a strong Alameda squad, and the ACCAL championship meet starting May 3, the ’Jackets are quickly rounding into their top form. But Brooks thinks his team’s best swimming is still ahead. 

“We’re still working towards our peak,” he said. “Hopefully that peak will come at the league championships.”

Gandhi’s lessons for Middle East

Doris Haddock
Wednesday April 17, 2002

To the Editor: 


The man most missing today in Israel, Palestine, India and Pakistan is Mr. Gandhi. It is a great tragedy that his methods of overturning injustice are not taught and understood by oppressed and endangered people everywhere. 

There is no doubt but that the warring parties would long ago have secured safe and prosperous living arrangements had they embraced Mr. Gandhi’s methods. Those methods are successful in any dispute which is sensitive to world opinion and human sensibilities. 

Mr. Gandhi1s awesome technology for peace and justice involves five easy-to-learn but difficult to perform steps. The first is to clearly document the injustice, using outside observers and judges where possible. 

Establishing the truth of a situation is not easy, especially when one side views history by decades and the other by centuries. The truths of these present conflicts are not that difficult to establish, however. The first truth is that both sides of both disputes have legitimate claims to residency, security, religious freedom and economic prosperity. 

Perhaps a second truth is that these claims cannot be resolved at the group level, but only at the individual level. The greatest crime of the Twentieth Century came about in Europe when immoral leadership prompted one people to see millions of others as undifferentiated members of a racial-cultural group, rather than as individual human beings. Group-oriented approaches in the current conflicts have invited genocidal responses from both sides. When group affiliations get in the way of peace and justice, they must be dropped in favor of individual rights, enforced by a constitutional system of fairness. 

That is what keeps the political peace, imperfectly but surely, in America and other lands of diverse populations. Such systems must be agreed to by the parties, or imposed for a time by a more civilized--or at least calmer--world. 

The truths of the situation in the Middle East today must be understood by each side as best they can, using their long traditions of fair inquiry and scholarship to rise above the pain of their fresh losses. That is the first step toward peace. 

The second step is to take the truth to the door of the oppressor and ask for change. It may seem too late for such a step by either side, but it must yet be done, or done again, and respectfully so. The requests must be reasonable and the other side must be given an opportunity to consider the request and to respond. That is difficult when children are dying. In thepresent circumstance, it is nearly impossible to imagine this happening, but when a peace is finally achieved and historians retrace its path, they will see that this happened somehow. Clearly, it is an area where credible,non-partisan, outside peacemakers have an opportunity and a summons. 

The third step is to engage the thinking of the larger world in the issue. For Gandhi, that meant inviting reporters along on his reform protests, so that many people all over the world might understand and care about the issues, and then work for peace and justice. There is no shortage of international attention to the Middle East1s or the Asian Subcontinent's problems. That step toward peace is taken daily, as the world1s newspapers fill with photos of every side1s suffering. 

The forth step, necessary if the opposition does not agree to correct the proven injustice, is to put one1s self physically in the way of the injustice and suffer the personal consequences. This is done to demonstrate the depth of concern, and to crystallize the injustice in a way that it might be more quickly understood and resolved. Dr. King, on the Selma march, understood that he was marching into the raw violence of segregation, and he knew that, by suffering its batons that day instead of responding in kind, he would lose the battle but win the war. That is always the case when all Gandhi1s elements are in place and when the conscience of the world is engaged.  

The fifth step, always necessary when the other steps are properly taken, is to accept victory graciously. Victory always comes after a sufficient self sacrifice. Gandhi had an opportunity to obtain India1s independence during the Second World War, when Britain could not fight on yet another front. 

Gandhi, remarkably, ever confident of the ultimate success of his method, told his followers to cease all resistance until after the war. He said that India and Britain had gone down a long road together, and should part as friends. They did so immediately after the war. This attitude was difficult to maintain in a time when Indians were being killed and Gandhi himself was imprisoned. But his patience and his respect for the lives of all people, including his oppressors, created a victory for both sides--the natural result of his method. 

History cannot stand forever against a people who generously sacrifice their own safety in the cause of truth and justice. They must be brave and principled enough to do so with no harm to others, or else their moral position and their sure path to victory quickly erodes. It is a path that can yet be taken by those in the Middle East, and in India and Pakistan, and indeed anywhere where injustice turns us for a time against each other. 


- Doris Haddock

Wednesday April 17, 2002

Wednesday, April 17th



A Judicial Attack on Environmentalism? 

7-8:30 p.m. 

UC Berkeley School of Journalism Library, located at Hearst and Euclid Intersection. 

Discussions on recent court rulings that attack environmental policies. Open to the public. Free. 

For more information contact David Slarskey at 415-989-1111 or e-mail at dslarskey@bridgehosing.com 


A Conversation with Michael Frayn 

4 - 5:30 p.m. 

Berkeley Repertory Theatre 

2015 Addison St. 

Frayn will discuss the scientific and historical issues raised in his play “Copenhagen,” about a mysterious and fateful meeting in 1941 between German Physicist Werner Heisenberger and Niels Bohr. 

7-9:30 p.m. 


A Community Dialogue and  

Lecture on Buddhism 

7:30 p.m. 

Luthern Church of the Cross 

1744 University Ave. 

Jeff Greenwald (Journalist and author of “Shopping for Buddhas,” “The Size of the World” and “Scratching the Surface” - a new anthology.) 

Topic: Adventure Travel Writing: Myth & Reality 

A presentation followed by a question and answer period.  

For more information, call 848-1424.  


Affordable Housing Advocacy Project 

5:30-7:30 p.m.  

North Berkeley Senior Center 

1901 Hearst Ave. 

Affordable Housing Advocacy Project is sponsoring a series of Town Hall Meetings to present its annual update of their five year plan. 548-8776. 


The Low Vision Speaker, Jeff Carlson to speak about services of Lighthouse for the Blind 

1 p.m. 

1901 Hearst Ave. 

For more information, call 981-5190. 


Graduate Theological Union presents a public voice lecture on perspectives on terror and the War 

7 p.m. 

Bade Museum, Pacific School of Religion 

1798 Scenic Ave, Berkeley 

For more information, call 849-8244. 


Berkeley Peace Walk and Vigil 

6:30 p.m. vigil 

7 p.m. walk 

Downtown Berkeley BART  

For more information, call 528.921 or e-mail, vigil4peace@yahoo.com. 


Fling Ding! 

8 p.m. 


1317 San Pablo Ave. 

Blue grass virtuosos Laurie Lewis & Tom Rozum, The Bluegrass Intentions and clogger Evie Ladin do individual sets, then join forces for a group jam session. 

$10, kids under 12 free 

For more information, call 525-5054. 


Thursday, April 18



Berkeley Metaphysical Toastmasters Club 

6:15-8:00 p.m. 

2515 Hillegass Ave. 

Berkeley Free, on-going meetings emphasizing metaphysical topics.  



Walking in the Footsteps of John Muir 


1338 San Pablo Ave. 

Cherry Good gives a slide lecture sharing highlights from her journey to find out what she could about John Muir. 527-7470 


Home Remodeling Workshop 

7 - 8 p.m. 

Building Education Center  

812 Page St. 

Free home remodeling workshop focusing on lowering utility bills and using building materials that are healthier for your family and the environment. 614-1699, www.stopwaste.org. 


Affordable Housing Advocacy Project 

5:30-7:30 p.m.  

West Berkeley Senior Center 

1900 Sixth Street. 


Affordable Housing Advocacy Project is sponsoring a series of Town Hall Meetings to present its annual update of their five year plan. 

For more information, call 548-8776 


Berkeley disability group sues transit agency

By David Scharfenberg Daily Planet staff
Wednesday April 17, 2002

The Berkeley-based Disability Rights Education and Defense Fund filed suit against the Santa Cruz Metropolitan Transit District in U.S. District Court in San Jose Tuesday, alleging that the bus service violates the civil rights of the visually-impaired by failing to call out stops and announce routes. 

But Santa Cruz Metro officials say the agency is commited to accessibility and taking steps to address activists concerns. By August 2003, said Santa Cruz Metro General Manager Leslie White, the entire bus fleet will have electronic announcement systems, ensuring compliance with the law. 

The Defense Fund, which works on disability issues nationally, joined with the Denver, Colo. law firm of Fox & Robertson to file suit on behalf of two Santa Cruz residents – Joshua Loya, who is blind, and Deborah Lane, who is visually-impaired as a result of multiple sclerosis.  

Loya and Lane, both students, said they have missed bus stops repeatedly because drivers fail to announce them. Lengthy walks and tardiness for work, classes and appointments have resulted, they said. 

“If you can’t get where you need to go, you can’t live your life,” said Loya. “What if somebody told you that you can drive your car, but you can’t see any of the off-ramps or street signs anymore?”  




Tim Fox, a partner at Fox & Robertson, said Santa Cruz Metro is in violation of the 1990 Americans with Disabilities Act, among other federal and state laws. The act requires compliance with Federal Transit Administration regulations that call on bus drivers to announce major intersections, points of transfer to other lines and any stops requested by passengers, Fox said. 

Fox said Metro Accessible Services Transit Forum, an advisory group to Santa Cruz Metro, warned the bus service that drivers were not in compliance in 1989 and 1995, and a separate consultant raised the issue again in 1999. 

“They don’t take it seriously,” said Fox, arguing that the suit may prompt action. 

But White said Santa Cruz Metro is very serious about the issue. 

“There’s a commitment from the management team, the board and the staff to maximize accessibility,” said White, noting that the district just completed a three-month training with all bus drivers. 

Fox said in a Tuesday interview that the training was news to him and marked an improvement. He also said he was unaware that the Santa Cruz Metro Board of Directors had officially voted to equip the entire bus fleet with electronic announcement devices.  

But he said he still had concerns about which stops would be announced under the new system and whether drivers might disable the electronic announcers.  

Linda Kilb, an attorney with the Defense Fund, who argued that the problem is a national one, said Santa Cruz Metro must do a better job of pushing its drivers to announce stops. 

“If they’re not being provided a management culture that informs them of their obligations and facilitates their obligations, it’s not going to work,” she said. 

White said the agency has an ongoing monitoring system in place, with penalties ranging from sensitivity training to termination if a bus driver does not comply with the law. 

He also noted that a recent Santa Cruz Metro survey showed that over 70 percent of drivers are in compliance, though he acknowledged that full compliance would be 100 percent. 

“I would not call that a very impressive record,” said Fox, arguing that the public would not stand for an agency that discriminated against African-Americans 30 percent of the time. 

Injury could mean end of JV season for Yellowjackets

By Jared Green Daily Planet Staff
Wednesday April 17, 2002

Just when things were starting to look up for the Berkeley High boys’ volleyball team, a freak injury may have thrown their season into chaos. 

Early in the opening game of Tuesday’s match against Alameda, Berkeley’s Ethan Ashley landed on a teammate’s foot and rolled his ankle. With just seven active players on the team, the ’Jackets were left with no substitutes and couldn’t give much resistance to the Hornets, falling 15-7, 15-12, 15-3. 

How serious Ashley’s injury turns out to be will likely decide the fate of the school’s first-year junior varsity program. If Ashley is out for any considerable amount of time, Berkeley head coach Justin Caraway is likely to forfeit the remaining JV games and pull all six players up to varsity. 

“There’s no way we can compete with only the six guys I’ve got left,” Caraway said. “We’re in serious trouble if Ethan’s gone for the rest of the year.” 

The ’Jackets admittedly won’t be going very far this year no matter what condition Ashley’s ankle is in. They have lost four straight matches and are just 1-4 in ACCAL play, with a group of unexperienced underclassmen unlikely to turn the season around. The abandonment of the JV schedule would be doubly painful for Caraway, who has worked hard for the past two seasons to establish the training ground for his younger players. 

Caraway admitted that pulling up the junior varsity would be a move born of desperation. 

“I don’t think our JV players are ready to compete at this level,” he said. “But I may not have a choice.” 

Although the ’Jackets didn’t win Tuesday, at least they weren’t fighting amongst themselves in the loss. The team ended last week with internal strife marring the picture, as star Robin Roach lost his temper after watching his teammates struggle to make plays for the past two seasons. Roach was smiling again Tuesday, patting his teammates on the back even when a mistake was made. 

“We were looking pretty good. We had a good practice yesterday, and we had high energy and were communicating on the court, Caraway said. “But this injury puts us in a tough position. I’m going to have to make a decision by tomorrow’s practice whether we’re going to have a JV for the rest of the year.”

TuneUp Masters faces City Council

By Devona Walker Daily Planet Staff
Wednesday April 17, 2002

The public hearing concerning TuneUp Masters and the possible revocation of the garage’s business license due to an ongoing nine-year dispute with neighbors who say the business is just not in tune with Berkeley had two distinctly different sides last night. 

At the beginning of the public hearing the lawyer for TuneUp Masters started off with a “spirited” argument against the city for not respecting the laws of due process. He also alleged that demands placed on TuneUp Masters by the city have put it at a competitive disadvantage and threatened livelihoods. 

“Berkeley is a wonderful place,” said Robert Zweben, legal counsel for TuneUp Masters. “But this process has been the most bizarre I’ve ever been through.” 

Zweben alleged that the city’s process has unfairly targeted the business due to a grudge held by Councilmember Dona Spring and the constant “nagging” of a few citizens, mentioning Michael Popso a neighbor of TuneUp Masters by name. 

At one point Zweben even stated that the city’s intention for the last several months has been to frame his client. 

“Due to the nagging of Mr. Popso you decided we’re not going to warn anyone. We’re not going to issue any citations, we’re going to build a case,” Zweben said. “You want them to respond to these that happened over a year ago, that’s just insane. It’s not fair. It’s not right. It’s not constitutional and it’s un-American.” 

At one point Zweben even told the city that they did not have the jurisdiction to revoke the business license. 

At the March 21 city council meeting prior to the holding of a public hearing regarding the possible revocation of the business license Councilmember Dona Spring lashed out at the business stating that they city should just close them down.  

All councilmembers are legally required to enter into public hearings without bias, consequently Spring’s comments may have placed the city into a legally vulnerable situation. The out for the city, however, was for Spring to recuse herself from all arguments surrounding TuneUp Masters. 


See TUNEUP/Page 9 

Walline of TuneUp Masters said yesterday that the company would consider suing the city if need be, but that decision would be based upon what was being said at the public hearing.  

Prior to last night’s public hearing City Council met behind closed doors to discuss the issue. When asked whether or not the meeting was held to discuss any legal vulnerability for the city, Councilmember Kriss Worthington said he was not allowed to comment. 

“But I will say that even if all eight of us were to vote that you should recuse yourself, the responsibility to do so still lies on the individual,” Worthington said. “We, the rest of council, have no authority.” 

Asst. City Attorney Zach Cowan would also not comment on the closed session discussions. 

Spring, however, through her silence seemed to say the most. 

She declined to comment on discussions regarding the business revocation. Consequently untying the city’s hands and freeing them from the perception of their being a violation of due process. 

Her silence set a different tone for the second half of the meeting. 

Councilmember Linda Maio began with resurfacing several past offenses of TuneUp Masters and stating that she believed the business basically disregarded the rules until they realized the city was serious about closing them down. 

“And now you say we’ve made staffing changes and we’ve let that person go. But things only happen in the 11th hour,” Maio said. She also stated that the company should have disciplined employees who were failing to comply with restrictions placed on he business by the city independently of the city having to send out someone to monitor and report their violations.  

“You should have someone on-site making sure your employees are doing what they are supposed to do,” she added in reference to allegations from neighbors that the business is still operating after hours, that tainted water has been dumped down storm drains and that the business is generally a public nusance. 

Berkeley-resident L.A. Wood earlier in the evening seemed to address the similar issue. 

“The problem is that this is an out of town business with absentee management and they are not the kind of business that cares about Berkeley,” Wood said. 

But not everyone had bad things to say about the business. Despite this nine-year battle, several community members supported the business and stated they were indeed good neighbors. 

One citizen even alluded to the fat that he thought the city just wanted the business out so that affordable housing could be built on the site. 

No action was taken and the public hearing will be continued until next week.


The Associated Press
Wednesday April 17, 2002

Today is Wednesday, April 17, the 107th day of 2002. There are 258 days left in the year. 


Highlight in History: 

On April 17, 1961, about 1,500 CIA-trained Cuban exiles launched the disastrous Bay of Pigs invasion of Cuba in a failed attempt to overthrow the government of Fidel Castro. 


On this date: 

In 1492, a contract was signed by Christopher Columbus and a representative of Spain’s King Ferdinand and Queen Isabella, giving Columbus a commission to seek a westward ocean passage to Asia. 

In 1524, Giovanni da Verrazano reached present-day New York harbor. 

In 1790, American statesman Benjamin Franklin died in Philadelphia at age 84. 

In 1964, Ford Motor Co. unveiled its new Mustang. 

In 1964, Jerrie Mock of Columbus, Ohio, became the first woman to complete a solo airplane flight around the world. 

In 1969, a jury in Los Angeles convicted Sirhan Sirhan of assassinating Sen. Robert F. Kennedy. 

In 1969, Czechoslovak Communist Party chairman Alexander Dubcek was deposed. 

In 1970, the astronauts of Apollo 13 splashed down safely in the Pacific, four days after a ruptured oxygen tank crippled their spacecraft. 


Ten years ago: 

Federal Reserve Chairman Alan Greenspan told the Senate Banking Committee the modest pace of economic expansion wasn’t adequate, a remark interpreted as a signal he might cut interest rates further. 


Five years ago: 

House Speaker Newt Gingrich announced he would borrow $300,000 from retired Senate Majority Leader Bob Dole to pay a sanction imposed for violation of House rules. Former Israeli president Chaim Herzog died in Tel Aviv at age 78. 


One year ago: 

By a nearly two-to-one margin, Mississippi residents voted to keep the Confederate emblem on their state flag. San Francisco Giants slugger Barry Bonds became the 17th major leaguer ever to reach 500 career home runs. 


Today’s Birthdays: 

Composer-musician Jan Hammer is 54. Actress Olivia Hussey is 51. Rock singer-musician Pete Shelley (Buzzcocks) is 47. Singer Liz Phair is 35. Actress Jennifer Garner is 30. Singer Victoria Adams Beckham (Spice Girls) is 28. 

News of the Weird

Wednesday April 17, 2002

Just $100 to kick mayor’s butt 


GOSHEN, Ind. — The mayor of this northern Indiana city may let a critic who offered money to kick his posterior take her best shot. 

Mayor Allan Kauffman plans to turn his critic’s offhand comment into a benefit for the Goshen Boys & Girls Club later this month. 

The critic told a political volunteer for Kauffman that she would happily pay $100 to kick the mayor’s hind quarters, The Goshen News reported Saturday. 

Kauffman announced at a Kiwanis meeting on Friday that he would offer himself for the challenge. And the Boys & Girls Club will accept the mayor’s generosity, Kevin Deary, club president, said. 

Kauffman wrote a letter to his critic inviting her and three mayoral critics to the kicking event. The suggested bidding for one swift kick starts at $100. 

But the mayor said he was interested in establishing safety rules, such as limiting the kicker to the use of the side of the foot. 


Teens tape illegal exploits 


SHELTON, Conn. — A videotape made by a group of teen-agers in Shelton and Ansonia is getting rave reviews — from police. 

The teens taped themselves committing a series of burglaries, and commenting on the crimes, police said. 

“On the tape they identify each other by name and talk about what building they are going to rob next,” Detective Sgt. Michael Madden said Saturday. “They would be filming themselves driving to each location and saying, ’We are going to do our robbin’ here.”’ 

Police obtained the tape from an informant. It solves eight burglaries in Shelton and others in Ansonia, Madden said. 

William Stakum, 19, of Shelton, was arrested Friday night and charged with burglary, larceny, and criminal mischief in the first degree. 

He confessed, Madden said. 

“He really didn’t have much choice after seeing the film,” he said. 

More arrests are expected. 


Slumber party in jail 


PLATTSMOUTH, Neb. — Wanted: A few law-abiding citizens for an overnight stay in jail. 

Responsible adults can help test the nearly finished jail by taking part in a “sleepover,” Sheriff Bill Brueggemann said. 

Members of Cass County civic groups, city councils and village boards have been invited to spend Friday night. They will wear orange jail jumpsuits and will be fed supper and breakfast. 

High school student councils and church youth groups are invited to send 15- to 18-year-olds and adult chaperones Saturday. 

The sleepover will help volunteers understand jail life and give staff a chance to practice procedures at the 96-bed jail, Brueggemann said. 

A more traditional open house also will be held during the weekend. 


Judge goes to jail 


WILKES-BARRE, Pa. — Judge Michael Conahan decided to cut time and transportation costs by sending himself to jail. 

Conahan on Friday held court in the county jail with about 47 inmates on the day’s schedule — and less-than-ideal conditions. 

Conahan worked at a small table inside the prison’s library, surrounded by clerks, a stenographer, court administrators and a sheriff’s deputy. Inmates were brought in groups of five. 

Still, Conahan plans to try the court-in-jail system again in two weeks. 

Berkeley cable TV debates free speech in light of video sexuality

By Craig Hampshire Special to the Daily Planet
Wednesday April 17, 2002

Sexually explicit material and its appropriateness at certain hours of the night are hot topics in Berkeley, especially for viewers of B-TV Channel 25. 

For this reason, Berkeley Community Media has set up two live televised discussions about public access programming, censorship and free speech. This “Viewer Discretion Advised” program will take place on April 22 and April 29 from 7 to 7:30 p.m., and seeks to address viewers’ questions and concerns about questionable content and restrictions on adult programming on Channel 25. 

According to Brian Scott, the executive director of BCM, a number of complaints about controversial or sexually-explicit material have come into the station. BCM directed these directed the complaints to the Federal Communications Commission, which regulates these things, or to the district attorney’s office. 

“There was a specific show, the Dr. Susan Block Show,” Scott said. “Two members of the community came into a Board meeting in February and complained about it.” 

Svetlana and Ray Couture were chiefly concerned because it was on very early and that its content was “unpredictable.” 

This type of programming went on the air beginning at 10 p.m. initially. After the complaints, the Board decided to move any material that involves two naked people having sex to the hours of 2 a.m. to 4 a.m. 

After 25 people showed up at the next Board meeting in protest, the it went back to 10 p.m. The arguments for freedom of speech and against censorship convinced the Board of a revote — with the stipulation of having a public forum to address these issues. 

A large part of the controversy surrounds the FCC’s rules governing indecency verses obscenity. The FCC does not protect obscenity, such as pornography. 

“It is very difficult pinning down what exactly the FCC means when it says obscene material,” Scott said.  

Material is deemed obscene if three conditions are met. The program taken as a whole has to appeal to the prurient interest of the average person applying contemporary community standards. It also has to display or describe in patently offensive ways sexual conduct specifically defined by applicable law, and the material as a whole has to lack serious artistic, literary, political or scientific value, according to the FCC. Information about obscenity can be found at www.fcc.gov/cgb/consumerfacts/obscene.html. 

Indecent programming, however, may be broadcast during certain hours of the night. Indecency is defined as language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory organs or activities, according to the FCC. Indecent programming does not rise to the level of obscenity. 

This controversial and often confusing law will be addressed by opposing parties during the two forums. Joan Levinson, a producer at BCM, will moderate both discussions. Levinson said that she was asked to do this and did not choose the subject. 

“I usually ask the questions and then let people on all sides of the issue talk,” Levinson said. “If it gets too raucous, I step in. This is an attempt to educate the public with as much information on all sides as possible. It is a hot topic in the culture.” 

On April 22, BCM Board members Jill Martinucci and Allan Charles (Chuck) Miller will be on hand to answer questions, while Svetlana Couture and several sponsors of the B-TV program Unlimited Possibilities will debate on April 29. Berkeley residents may call in at (510) 848-5483 or 8939 to ask questions. For more information, call (510) 848-2288.

Drug courts are effective, says review by courts and drug agency

By Don Thompson The Associated Press
Wednesday April 17, 2002

SACRAMENTO — A nearly 10-year-old California experiment with a once-radical substance treatment program has proven effective in cutting both crime and drug abuse, two groups with interests in the program said Tuesday. 

Chief Justice Ronald M. George, a Republican, said in releasing the report that the study shows “drug courts are helping the justice system and the public by decreasing drug use, improving lives, and protecting communities.” 

Arrests of drug court graduates dropped 85 percent for two years after they successfully completed treatment, compared to two years before they entered the program, according to a study of about 3,000 offenders who completed the program in 34 California counties. 

The California Department of Alcohol and Drug Programs and the Judicial Council said their study’s participants often began with significant problems. 

About 70 percent reported using drugs for more than five years, and 40 percent for more than a decade. Little more than half had graduated from high school, and just 13 percent had attended college. A typical offender had been arrested twice and jailed once in the two years before joining the program. 

The study also found that: 

— While 64 percent of offenders were unemployed when they entered the program, 70 percent had jobs by the time they left. 

— 95 percent of babies born to mothers in the program were born drug-free, and 96 percent of drug tests were negative for participants during the program. 

— 28 percent of graduates retained or regained child custody, 7 percent gained visitation rights, and 8 percent caught up on child support payments. 

— The program saved state and local governments $42 million by diverting offenders who otherwise would have gone to prison or jail, though that was offset by the $14 million spent on the drug courts. 

The study ordered by state legislators collected data on offenders sent to drug courts in the 34 counties between January 2000 and September 2001. 

Drug courts began in Dade County, Fla., in 1989, during the height of the South Florida cocaine wars. They were first tried in Oakland in 1993 and have since spread across the nation and to 50 of California’s 58 counties. 

They were among the most tolerant of court-based drug treatment programs until November 2000, when California voters followed the lead of Arizona and required that first- and second-time nonviolent drug offenders be sent to treatment rather than jail. 

Still, Proposition 36 treatment programs that have worked best since the initiative took effect last July have been those that followed a drug court pattern, Butte County Judge Darrell W. Stevens, chair of Judicial Council Proposition 36 Implementation Committee, said last week. 

He and other advocates laud the courts’ reliance on cooperation between law enforcement and treatment providers, overseen by a judge who alternately threatens and cajoles offenders into getting help and staying drug-free. 

Proposition 36 courts work much the same way, but judges are generally barred from using the “flash incarcerations” many drug court judges used to instantly punish recalcitrant offenders with several days in jail.

Berkeleyan to head S.F.S.U. Public Research Institute

Wednesday April 17, 2002

SAN FRANCISCO - A veteran public policy researcher from Berkeley's renowned Public Health Institute has been named the new director of San Francisco State University's Public Research Institute (PRI). 

Richmond Annex resident James Wiley, vice president for research and evaluation at the Public Health Institute for the past three years, joins the faculty at S.F. State as both director of PRI and a professor in the department of sociology. 

S.F. State's Public Research Institute, which was established in 1984, provides policy research, data collection and analysis for businesses, government agencies and non-profit organizations throughout the Bay Area. 

"San Francisco State University is truly fortunate to have a leader such as James Wiley join its community. He is a leader who will make a huge difference in the research, teaching, learning and funding here in many different fields," said Joel J. Kassiola, dean of the College of Behavioral and Social Sciences at S.F. State. "I have been struck by Dr. Wiley's professionalism, energy, creativity and desire to come to our exciting multicultural campus. I consider it a real coup that we were able to recruit him and I look forward to Dr. Wiley's superlative accomplishments as director of PRI." 

Before becoming vice president at the Public Health Institute at Berkeley, Wiley was assistant director of the Survey Research Center at Berkeley for  

nearly 20 years. During that time, Wiley was co-principal investigator on the San Francisco Men's Health Study, a landmark study of the natural history of HIV infection in men who self-identified themselves as either gay or bisexual. 

Wiley, an expert in demography and social science research methods, has published widely on issues of method and statistics in social science research. He is also an expert on issues of substance abuse, aging, and social epidemiology of infectious and chronic diseases. He succeeds Michael Potepan, chair of economics, who had been acting director of PRI.

Oracle contract could cost state millions Software may cost California more than it saves; IT department to close as result

By Don Thompson Associated Press Writer
Wednesday April 17, 2002

SACRAMENTO — Lawmakers may eliminate a state department this spring based on an audit Tuesday that found a faulty state computer contract could cost taxpayers millions of dollars. 

Three state departments improperly relied on a vendor’s presentation that the nearly $95 million software contact with Oracle Corp. would save the state $111 million in the long run, auditors said. 

Instead, the contract may cost the state $6 million to $41 million more than if there had been no contract at all, concluded State Auditor Elaine Howle. 

“If there was any doubt in anyone’s mind that DOIT (the Department of Information Technology) has outlived whatever usefulness it may have had, this audit ought to put an end to it,” said Sen. Debra Bowen, D-Redondo Beach, who asked for the audit in September. 

“As the auditor found, DOIT didn’t lift a finger to do the very thing it was created to do,” Bowen said. “It didn’t set standards, it didn’t verify savings projections, and it ignored its own study showing the project wasn’t needed.” 

The audit immediately prompted the Joint Legislative Audit Committee to set a hearing for Thursday, while a lawmaker called for more legislative oversight if the DOIT is to survive. 

Created in 1995 to coordinate the state’s technology purchases, the department will close July 1 unless lawmakers act. Gov. Gray Davis is backing legislation by Assemblyman Manny Diaz, D-San Jose, that extends its life through next year but lets lawmakers terminate projects with substantial cost overruns. 

“DOIT welcomes reforms,” said department spokesman Kevin Terpstra. 

That’s too late, Bowen said, because “the problems with this agency are so deep, so fundamental” that blowing it up is the only way to reform it. 

The department has 76 employees and an $11 million budget. 

However, auditors said the contract passed muster with three state departments that relied on a vendor’s savings projections instead of doing their own calculations. The departments may not have been aware that the vendor, Logicon Inc., stood to make $28.5 million from the abnormally lengthy six-year Oracle deal, auditors found. 

DOIT sought the contract despite determining in advance there was a limited need for the software, the audit found. 

Indeed, no state departments had the software as of last month, more than 10 months after the contract was approved, in part because the Department of General Services had not issued instructions on how to get it. 

Nonetheless, the state will have paid $17 million in contract costs and interest fees by June “with little benefit to show for it,” Howle wrote in her report. 

The three departments — DOIT, General Services and Finance — approved the contract with Redwood Shores-based Oracle despite a recommendation from the Finance Department’s review team that it be postponed a year. 

All three departments now agree with the audit’s conclusions, though they say they’ve taken steps to improve both the contract and the contracting process. 

Herndon, Va.-based Logicon, a subsidiary of Los Angeles-based Northrop Grumman Corp., declined comment. Oracle officials did not return a telephone message from the Associated Press. 

Josephine Baker tribute sparkles

By Jacob Coakley Special to the Daily Planet
Tuesday April 16, 2002

Last Friday night after a champagne gala the Berkeley Black Repertory Group premiered its "In Search of a Legend: A Tribute to Josephine Baker." Written and conceived by Johnny Land, directed and choreographed by Stephen Semien this musical revue exuberantly hits the highlights of Josephine’s life. Unfortunately, with an uneven cast and a thin script, this show never attains the heights of tribute it wishes to convey. 

The show begins with four Doo Wop singers – Sprandore Geford, Baraka Bey, F. Curtis Reed, Kenneth Brian Sullivan – recounting various exploits of Baker’s life: walking down the Champs Elysees with jaguars, singing into a rhinestone mic,, dancing above the Parisian crowd in a mirrored cage. They are full of awe and invite us to join them in a retrospective of Baker’s life.  

After the introduction we move to Baker’s childhood. "Li’l Josephine" is played with exuberance by Jade Johnston, who dances and sings well and fairly beams on stage. She is exhorted by the Doo-Wop men and the older "Chanteuse Josephine," played by Zorina London, to pursue her dreams and become a "queen."  

We then switch to Paris for the first act finale. Treated to a bevy of classic songs and a high-octane Charleston performance this number delivers all the spirit and energy you could hope for. Vickia Brinkley as Ethel Waters delivers a growling and fun "Go Back Where You Stayed Last Night" and Dawn Troupe as Josephine "Ingénue" leads the company in the spirited Charleston. 

The second act opens with a segment called "Legendary Josephine," and takes us from Josephine’s transformation from a scandalous ingénue to legendary chanteuse. Dawn Troupe shows off her dancing skills in an homage to the famous "Banana Dance" and Zorina London lets her diva loose in a number called "La Bakair," singing "Ma Vie en Rose."  

From there the show takes a documentary turn detailing the writer Johnny Land’s search to meet Josephine followed by a segment detailing Josephine’s persecuted yet ultimately triumphant return to America and her speech at Martin Luther King Jr.’s March on Washington. The show closes with a re-creation of "La Bakair’s" last concerts at the Bobino.  

Because this is a revue, the script is hardly the most important element in the show. When using actual text from Josephine’s speeches the actors come to life and the words sing. But when the script switches to strained rhyming couplets for transitions and exposition, it suffers. Most of the performers’ voices are also assisted with wireless mics. However, one of the mic.’s on the Doo-Wop gentlemen refused to work throughout the show. Repeated attempts to bring up its level resulted in distortion and feedback several times. The performers’ voices ably filled the theatre’s hall which made me wonder why the mics were used at all. Ample credit should go to the costumer Jealousy, whose outfits for Josephine grow more spectacular as the night goes on, and Johnny Land for not only writing the show but with Aaron Bailey on drums, accompanying the performers throughout the night. 

Both Stephen Semien and Johnny Land write notes in the program detailing how much Josephine Baker has meant to them. I spoke with Mr. Land at intermission and he told me he hopes to continue working on this piece, to honor Josephine. With his dedication and this worthy beginning ultimately this show should do her justice.  



"In Search of a Legend" plays at the Berkeley Black Repertory Group’s home at 3201 Adeline St. in Berkeley, one block away from the Ashby BART station. Tickets can be purchased by calling 510-652-2120.

Team player Joe Storno heads for bright career

By Nathan Fox Daily Planet Correspondent
Tuesday April 16, 2002

There is, as they say, no I in team. Neither is there an I in workhorse – and you can dig all you want but you’ll be hard pressed to find an I in Joe Storno. 

Storno, a senior southpaw for the St. Mary’s Panthers, is the last man standing on a Panther pitching staff that has seen two of its top three starters suffer season-ending shoulder injuries. The remainder of the staff can generously be described as “young” and/or “inexperienced” (freshman Scott Tully was called up Friday from the junior varsity to start against St. Patrick) and head coach Andy Shimabukuro, laughing, finds a more frank description for his makeshift staff: “shaky.” 

But where there should be a huge gap in the middle of the St. Mary’s rotation, you will now find the 6-foot-2, 225-pound Storno – who is suddenly the staff ace, bordering on one-man show - although you won’t hear Storno say that. 

“He’s kind of a quiet, laid-back kid,” Shimabukuro says, “and he’s not worried about his stats. He’s worried about winning.” 

Pitching every other game this season for St. Mary’s, usually going the full seven innings and throwing well over 100 pitches, Storno has become a rock amidst Shimabukuro’s unsteady sea of young arms. On Wednesday against then first-place Salesian, Storno threw a complete game three-hitter, walking none and striking out eight. Shimabukuro described Storno as being in “complete control” as he wrapped up his gem in only 88 pitches for a 4-2 victory that put the Panthers in control of the BSAL race. 

Asked about his performance so far this season, Storno is given a chance to toot his own horn - and here is how the young athlete chooses to answer: 

“Well, I’m not sure,” says Storno. “But the team is 3 and 0 in league.” 

Right. But we already knew that much. St. Mary’s is a perennial contender in the North Coast Section, cruising into the playoffs each of Storno’s first three years there, and this year has jumped out to an early lead in the BSAL. The question here is not about the team - it is about Joe Storno. How are you playing this year, personally? What is your record, for example? Your earned run average? 

“I don’t know,” says Storno, flatly. “I usually go the distance in our games though.” 

These are refreshing answers in a time when many young athletes can recite every personal stat in the book except for their team’s win-loss record. For an account of Storno’s personal achievements one must look elsewhere; Shimabukuro, for one, is effusive in his praise. 

“He’s the ace of our staff, and the only reliable pitcher we have right now,” Shimabukuro says. “He’s primarily responsible for our undefeated start in league.” 

In his last three outings Storno has pitched 21 innings, striking out 16, with a 2.57 earned run average. He has given up only 18 hits and six walks over that stretch.. 

“I know that every seventh day he’s going to take the ball and go with it,” says Shimabukuro, “and that’s a great feeling.” 

On days that he’s not pitching, Storno, the workhorse, doesn’t rest – he starts at first base for the Panthers. Storno is batting .280, with 10 RBIs and 13 runs scored. 

Shimabukuro attributes Storno’s durability to his off-season dedication to conditioning, describing Storno as a “team leader.” 

“A lot of the guys, the next day after they pitch they’re a little sore. He just goes through practice like he didn’t even pitch,” Shimabukuro says. “I think he really worked hard in the off-season - he was one of the guys that was there every day - and I think that will carry him through the end of the season.” 

Next year Storno will be a freshman at Florida State, home of one of the best baseball programs in the country. Some would say that Storno is stretching his skills a bit too far when he says that he intends to try to walk on there as a pitcher, but Storno’s decision to attend Florida State is based on their excellent Criminal Justice program, not on their baseball program. His favorite current class at St. Mary’s is Constitutional Law, and he talks of someday becoming an investigator with the FBI or DEA. 

As for Storno’s future on the mound, time will tell. Baseball is a game that rewards the consistent. Storno has stayed the distance several times this year – and there is no reason to believe that he’ll stop now.

New Bush civil rights secy. fails his own test

Jim Ward
Tuesday April 16, 2002

To the editor, 

As a presidential candidate, George W. Bush promised that he would fight to see that "all Americans with disabilities have every chance to pursue the American dream." But President Bush's appointment of Gerald Reynolds last week as Assistant Secretary for Civil Rights at the U.S. Department of Education betrays his prior commitment. 

With Congress in recess, the president exercised a relatively obscure power the chief executive has to make a "recess appointment." Not only does this appointment sidestep the Senate's constitutional role, but it also leaves many Americans wondering whether "compassionate conservatism" - a term Bush has used to describe his philosophy - is heavy on conservatism, but light on compassion. 

The person who oversees OCR will bear a heavy responsibility. This office is responsible for ensuring that nearly 15,000 school districts and more than 3,600 colleges and universities across the nation comply with federal civil rights laws-including access for students with disabilities. 

OCR provides technical assistance to educational institutions to help them comply with federal laws, and it also investigates charges of discrimination. Roughly 60 percent of all discrimination complaints that OCR investigates involve students with disabilities. For this reason, the person who heads OCR must be ready to enforce the Americans with Disabilities Act (ADA), the Individuals with Disabilities Education Act (IDEA), and other federal laws that protect more than 6 million American students who have some kind of disability. 

But Reynolds is unlikely to be this kind of advocate. In the 1990s, he criticized the ADA, claiming it would "retard economic development in urban centers across the country." Reynolds also served as legal analyst for the Center for Equal Opportunity, a group that has repeatedly attacked the ADA and supported efforts to weaken this crucial law. 

Recently, a top official with the Center blasted the ADA as "one of the worst-drafted statutes" and urged Congress to "make the act narrower."  

Last year, the Center's president, Linda Chavez, complained that the ADA was "a haven for everyone from scam artists to disgruntled workers." 

These accusations are both hysterical and false. Research shows that employers face only minor costs in making a "reasonable accommodation” for a person with a disability. Research also reveals that Bush's appointee is way out of step with the public. In a 1999 Harris Poll, Americans were informed of the five major provisions of the ADA and then asked for their reactions. Each one of these five provisions was supported by at least 85 percent of Americans.  

Of course, every task requires the right tools, and this is no less true when it comes to ensuring fairness for our students. One key tool is the “disparate impact” standard -- an important measure that focuses on the discriminatory effect of laws and practices, rather than the motives behind them. The “disparate impact” standard has enabled federal officials through the years to identify and eliminate discriminatory education practices. 

Unfortunately, Reynolds firmly opposes this standard. His position would effectively deny justice to a large majority of discrimination victims, whether that discrimination is based on race, sex, national origin, or disability status. 

This is yet another reason why so many leaders and organizations representing the disability community have publicly urged the Senate to reject Reynolds' nomination. This includes Justin Dart, a Presidential Medal of Freedom recipient and father of the ADA, the National Organization on Disability, National Disabled Student Union, Council of Parent Attorneys and Advocates, Disability Rights Education and Defense Fund, and the National Spinal Cord Injury Network. 

While testifying against one of President Clinton's nominees for the Department of Justice, Reynolds revealed his standards for judging executive branch appointments. He urged a Senate committee to “disqualify any candidate whose background indicates that his ideological beliefs will probably lead him to ignore the spirit, if not the letter, of the law.” 

Indeed, Reynolds not only failed President Bush's test - he also failed his own. 


- Jim Ward 

Local, state players sparring over teacher union legislation

By David Scharfenberg Daily Planet staff
Tuesday April 16, 2002

Local educators are sparring over controversial new state legislation that would expand the scope of negotiations between school districts and teachers’ unions. 

Under current law, unions have a right to negotiate wages, hours and conditions of employment. The new bill, authored by Assemblymember Jacki Goldberg, D-Los Angeles, would allow unions to bargain over the processes for selecting textbooks, developing curriculum and increasing parent participation, among other things. 

In many districts across the state, including the Berkeley Unified School District, teachers already play a role in these processes, serving on advisory committees and making recommendations to the school board about books and course development. 

The problem, say supporters of the Goldberg legislation, is that some districts do a good job of incorporating teacher input and others do not. 





“Sometimes it works, sometimes it doesn’t,” said David A. Sanchez, secretary-treasurer for the California Teachers Association.  

Sanchez argued that, if the processes are enshrined in teacher contracts, recalcitrant school boards will have a hard time dismissing the recommendations that emerge from those processes. 

Barry Fike, president of the Berkeley Federation of Teachers, who supports the legislation, said the district often listens to teachers’ recommendations but in many instances does not. 

“The record is a bit mixed,” he said. Fike said the bill would give the federation “teeth” in negotiating teacher input, and prevent districts across the state from simply appointing young, inexperienced teachers to advisory committees. 

Ted Schultz, a member of the Board of Education, said Berkeley teachers are already heavily involved in picking books and developing curriculum, recalling a teacher-led effort two years ago to overhaul the middle school approach to math. 

Board President Shirley Issel argued that shifting curriculum and textbook issues to the often tense arena of collective bargaining would be a mistake. 

“Negotiations are adversarial,” Issel said. “Why introduce these issues to that environment?” 

But board member John Selawsky, who supports the legislation, said it would simply provide another venue for teachers to get involved on important issues. 

“My feeling is that giving teachers more influence and power in deciding these issues is positive,” added board member Terry Doran, a former teacher. 

Doran and Selawsky are at odds with the California School Boards Association, a state-wide body that staunchly opposes the bill. 

James Morante, association spokesman, argued that the bill is an attempt by unions to seize power from school boards. He said any shift in power should be accompanied by a shift in accountability. But school boards, he argued, elected by the public, will continue to be held accountable while teachers will not. 

Sanchez said teachers are held accountable every time test scores are released, and that they should have a say in what texts and curricula are used in the classroom.  

But Morante said the collective bargaining process could lead to unsavory trade-offs on items like books and curriculum that do not belong in negotiations. 

“I sincerely believe that our teachers are far more professional than what our school board members give them credit for,” responded Sanchez, skeptical that unions would use these processes as bargaining chips. 

Fike differed slightly, noting that the legislation could make a tense relationship between a district and a union worse by adding new items to the negotiations. 

But Fike said Berkeley Unified and the Berkeley Federation of Teachers have a healthy relationship, and he did not envision future negotiations stalling if the Goldberg legislation becomes law.  

Morante also raised concerns about debating the issues out of public view. 

“You’re putting all these discussions about curriculum and textbooks behind closed doors in secretive negotiations,” he said, arguing that parents and students would not have adequate opportunity for input. 

But, as supporters take pains to point out, the legislation guarantees parents representation in any process that emerges from collective bargaining. 

Legislative hearings on the bill, AB 2160, start this morning in the Assembly Public Employees, Retirement and Social Security Committee and will move to the education committee next week. 

Governor Gray Davis came out against the bill last week, arguing that collective bargaining is not the proper venue to discuss educational policy, and casting doubt on the prospects of the legislation. 

Sanchez said the California Teachers Association will continue to push the bill, calling on its 300,000 members statewide to write letters to Davis and their representatives. 

He said the association will view legislators’ votes on the bill an important litmus test as the November elections approach.

Israel commits acts of terror against Palestinians

Russell Bates Berkeley
Tuesday April 16, 2002

To the Editor,  

The letter by Justin Rosenthal (April 11) implying the rally for Palestinian freedom at U.C. Berkeley was anti-American and anti-Israel missed the point: U.S. foreign policy and Israeli occupation policies caused Palestinian resistance to the occupation. 

As a 55-year-old person and a 29-year resident of Berkely as well as a community member of Students for Justice in Palestine, I am disturbed by the shortsightedness of Rosenthal's viewpoint. One cannot make peace with Israel without seeing the inherent racism of Israel's terrorist actions in Palestine. 

SJP's rally showed there is room for Palestine on the high moral ground most often claimed by supporters of Israel. Fighterbombers kill indiscriminately, creating a chasm of distance needing to be filled before peace can be acheived. 

The Israeli Action Commitee is blind to the facts of the situation and sees anti-zionism as anti-semetic. This narrowmindedness only serves to stifle conflict resolution and disallow thoughtful dialogue between the groups. 

Palestine will be free one day, but only by a change in U.S. foreign policy 


- Russell Bates 


Teachers union fights six-period BHS day

By David Scharfenberg Daily Planet staff
Tuesday April 16, 2002

The Berkeley Federation of Teachers and the Berkeley Unified School District are locked in a battle over the move from a seven- to a six-period day at Berkeley High School, a shift approved by the Board of Education in February and scheduled to take place next year. 

The shift to a six-period day is one of several cuts approved by the board that, according to BFT, will affect the teacher contract. 

Changes in class size, the teacher review process and stipends for high school department chairs will also affect the contract. The district has agreed to negotiate on these other items, but refuses to negotiate on the six-period day. 

Fike said that refusal is unfair, and added that he plans to file a grievance with the district in the coming days. The district is expected to reject the grievance, sending the matter to a third-party mediator. 

“We’re arguing that the existing contract allows us to implement a six-period day,” Lawrence said. “There’s nothing to negotiate, because we’ll be fulfilling the contract. There’s no violation here.” 

Fike disagreed. Currently, he noted, high school teachers instruct for five periods, plan for one period and supervise the hall for one period. 




Under the district’s proposal, teachers would still supervise, but for 15 minutes, not a full, 47-minute class period. Fike said this reduction violates the contract, and that the district is obligated to negotiate a contract change as a result. 

He also argued that the reduction in the supervision period will have a real impact on work conditions, given that many teachers “multi-task” during hall supervision, going through the “gobs and gobs” of paperwork every instructor confronts.  

But Lawrence said contractual language referring to a “supervision period” does not necessarily imply a period of time equal to a full 47-minute class session. She said teachers could supervise for fifteen minutes and still be in accordance with the current contract. She pointed to the middle schools, where teachers supervise for a shorter period of time, as a precedent. 

But Fike said middle schools teachers have a different schedule overall, with different required teaching minutes, making the comparison invalid.  

“It’s apples and oranges,” he said. 

Fike said the union also has concerns that the reduction in teacher supervision will affect student safety. 

“I too recognize the issue of safety,” Lawrence said. “But it makes far more sense to me to put someone that doesn’t have a master’s or doctorate in the hall.” 

Lawrence said she plans to hire additional security officers, while tightening up procedures at the high school next year. 


Pesticide Blamed for Frog organ mutations

By Randolph E. Schmid The Associated Press
Tuesday April 16, 2002

WASHINGTON - Male frogs exposed to even very low doses of a common weed killer can develop multiple sex organs — sometimes both male and female — researchers at the University of California Berkeley have discovered. 

"I was very much surprised" at the impact of atrazine on developing frogs, said university scientist Tyrone B. Hayes. 

Atrazine is the most commonly used weed killer in North America, he said, and can be found in rainwater, snow runoff and ground water. 

"There is virtually no atrazine-free environment," Hayes said. 




The Environmental Protection Agency permits up to three parts per billion of atrazine in drinking water. 

But Hayes' team found it affected frogs at doses as small as 0.1 part per billion. As the amount of atrazine increased, as many as 20 percent of frogs exposed during their early development produced multiple sex organs or had both male and female organs. Many had small, feminized larnynxes. 

Hayes' research team concluded that the effect on the frogs results from atrazine causing cells to produce the enzyme aromatase, which is present in vertebrates and converts the male hormone testosterone to the female hormone estrogen. 

The effects on frogs in Hayes' study occurred at exposure levels more than 600 times lower than the dose that has been seen to induce aromatase production in human cells. 

Their research is reported in Tuesday's issue of Proceedings of the National Academy of Science. 

Asked if atrazine might also be a threat to people at low levels, Hayes said he did not know, adding that, unlike frogs, "we're not in the water all the time." 

"I'm not saying it's safe for humans. I'm not saying its unsafe for humans. All I'm saying is it that it makes hermaphrodites of frogs," he said. 

Stanley I. Dodson of the University of Wisconsin at Madison called the work "the most important paper in environmental toxicology in decades. 

"It shows the effect of the most commonly used herbicide on amphibians in environmentally relevant concentrations," he said. 

Asked if people should be worried, he also said: "We don't know." 

"It's like a canary in the mine shaft sort of thing," Dodson said, referring to the former practice of miners of bringing canaries with them as warnings of dangerous gases. The birds are very sensitive to gases and would die before the concentration of the gas was enough to harm the miners. 

Dodson said that in his research he had found that low exposures atrazine changes the ratio of males to females among water fleas. 

In addition to its effects on developing frogs, the Berkeley researchers found that male frogs exposed to atrazine after reaching maturity had a decrease in testosterone to levels equivalent to that found in females.  

Earthquake sirens fail SF office test

By Ofelia Madrid Special to the Daily Planet
Tuesday April 16, 2002

Madeleine Lacavoli was ready to hit the floor. All she needed was the siren’s signal. 

But at 10:30 a.m. she and the rest of her co-workers in the San Francisco Board of Supervisors Clerk’s office did not leap to participate in the citywide duck, cover and hold earthquake drill. 

“We were waiting and nothing happened," Lacavoli said. 

The clerk’s office of the Board of Supervisors remained calm and empty. Several workers sat at desks, divided into cubicles, typing. Some insisted they were too old to duck under a desk, but agreed to participate. 

The clock on the wall read 10:35 a.m. Still no siren. 

An employee walked out the door with a coffee cup in her hand. A co-worker warned, "You’re going to miss it." 




"I can’t sit here and wait," she replied, then smiled at the rest of the office as she left. The others held their seats. 

At 10:40 a.m., Lacavoli got the news. They had failed to hear the sirens that kicked off California’s Earthquake Preparedness month at precisely 10:30 a.m. 

No matter said, Juliette Hayes, special assistant in the Mayor’s office of Emergency Services. The sirens are not meant to alert people to an earthquake--the earth moving does that-- but to alert people to turn on their radio for an emergency broadcast. 

"The siren won’t go off during an earthquake because there’s not enough time," Hayes said. "But people should know to turn their radios to an AM station to be linked to emergency information." 

Hayes said the main reason for the siren today was for people to practice the duck to the floor, take cover under a sturdy desk or table and hold onto that piece of furniture until it is safe to move earthquake drill, regardless of whether people heard the siren. 

"If there was a hazardous spill big enough, then (the board of supervisors office) probably would have heard about it through the mayor’s office," Hayes said. Maybe the clerk’s office failed to hear the outside siren because they were waiting for an internal siren. 

But Lacavoli wonders who else failed to hear the siren. 

"If you’re not hearing it in city hall, are you hearing it in other buildings?" she asked. 

Two security guards at the San Francisco Library, across the street from city hall also missed hearing the sirens. The two men, who declined to give their names, were standing near the door at 10:30 a.m. 

"What earthquake drill?" one asked. "If they’re going to have a drill then everyone should be able to hear it. What’s the point otherwise?" 

Lacavoli expressed the same sentiment. "If your windows are open you’d hear it," she said. "But we can’t keep them open because of the heating and air ventilation. Let’s face it, on a normal workday, most people are inside a building." 


La vida rica of Chicano storyteller

By Andy Sywak Special to the Daily Planet
Tuesday April 16, 2002

East Los Angeles, the famed rough-and-tumble Mexican neighborhood, has been a continuing source of inspiration to one of its native sons, Luis Rodriguez, bringing out poetry, political commentary, a memoir and now short fiction. 

Best known for his unsparing memoir about life as an East L.A. gang member in "Always Running: La Vida Loca, Gang Days in L.A.", Rodriguez read last night at Cody’s Books on Telegraph Avenue from his new collection of short stories, "The Republic of East L.A." A frequent speaker at youth conferences and schools, Rodriguez also spoke at San Lorenzo High School during the day.  

With three works of poetry, two children’s books, and two non-fiction titles to his name, "The Republic of East L.A." represents Rodriguez’s first foray into adult fiction. The twelve stories in the collection chronicle different characters as they make their way around the boulevards and sidestreets of the author’s hometown.  

"They’re (the stories) based on real people, people I’ve known, experiences I’ve had, or stories I’ve heard," Rodriguez says about the tales, most of which were written over the last three years. Rodriguez wrote the final story, "Sometimes You Dance With the Watermelon," twenty years ago. It was from revisiting this story and others that "The Republic of East L.A." came to be.  

"I’ve put the gang situation in the background," Rodriguez says, hitting on the new stories’ relation to "Always Running." "Most of the stories are not about gangs. Even though that’s what East L.A. is known for, there’s really a lot more to it than that so I decided to focus on other aspects of East L.A. life and culture." 

Citing literary influences from fellow L.A. author T.C. Boyle ("I love T.C. Boyle" Rodriguez says), to Tobias Wolff, Robert Olen Butler, and Native American writer Sherman Alexie, Rodriguez aimed to be as original as he could in his adult fiction debut. 











"I am purposefully trying to have my own style," he says, "which I’m not sure how well I succeeded at. I really tried to not write like anybody - it at all possible - but the influences are there." 

As a seasoned political organizer and speaker to at-risk youth, Rodriguez is used to communicating his experiences directly and up front. Did he find the less linear and more subtle form of fiction hard to adjust to?  

"Some of the issues, social and political, these people are involved in are a part of the background of the story," he says. "But of course with fiction, you try and not make it an essay. You gotta try and make sure the characters and the situations they’re confronting makes it a story, and not impose the situation."  

Involved in gangs during his youth, Rodriguez has been speaking at schools and juvenile detention facilities for over twenty years. Discussing his talk in San Lorenzo, Rodriguez said he planned to speak about "the importance of everybody finding their particular art, their particular purpose, their passion. That’s the way I look at my writing, it’s a very innate passion that I have that keeps me going, that’s gotten me through a lot of hard times… I think it’s important to show why art and purpose is important to find in your life." 

PUC files its plan for PG&E to emerge from bankruptcy

The Associated Press
Tuesday April 16, 2002

SAN FRANCISCO — State regulators proposed a plan Monday they said would allow Pacific Gas and Electric Co. to emerge from bankruptcy by January, without raising customers’ electric rates. 

The plan filed by the California Public Utility Commission would have PG&E ratepayers contribute $4.7 billion while the company’s parent company PG&E Corp. forgoes $1.6 billion in profits. The utility would also sell common stock to raise an extra $1.75 billion. 

The utility’s only stockholder now is its parent company, but the PUC plan would make about 20 percent of the stock available on the open market. 

The PUC’s plan would also return the utility to a cost-of-service ratemaking process, giving PG&E a guaranteed rate of return on the electricity it sold. That and paying the utility’s debts in full and in cash, will restore the utility to an investment grade, said PUC general counsel Gary Cohen. 

“We expect PG&E to come out of bankruptcy in January with $3.6 billion in cash,” Cohen said. 

PG&E is also building a cash surplus, Cohen said, that should top $2.7 billion by January, because the utility has collected more in rates since March 2001 than it has spent buying power. 

Ratepayers will also pay $2 billion to refinance $3.86 billion in debts over ten years, Cohen said. 

Consumer advocate Doug Heller called the PUC’s plan a ”$4.7 billion ratepayer-funded bailout of PG&E.” 

“The only reason they can come up with the $4.7 billion is by illegally maintaining the artificially high electricity rates until January 2003,” said Heller, who works with the Foundation for Taxpayer and Consumer Rights. 

PG&E filed for Chapter 11 bankruptcy protection in April 2001, claiming more than $8 billion in debts. 

The utility’s own reorganization plan would have the company spin its power plants, electricity and natural gas distribution systems into separate companies that would be under the corporate umbrella of the federally regulated parent company. 

PG&E says federal regulators would let it charge market rates for the electricity it generates, boosting their value and allowing it borrow more than $4 billion against them to pay creditors. State regulators currently control how much PG&E can charge for its power. 

Critics, including the PUC, called the plan PG&E’s way to escape state oversight. 

Under the PUC’s plan, “PG&E will not be broken up. It will remain an integrated utility when it emerges,” Cohen said. 

Both plans provide for the utility’s creditors to be paid in full. The utility and the regulators each also say their plans would not increase consumers’ electric rates. The PUC plan could also allow for a rate decrease in January 2003, when the utility emerges from bankruptcy, but officials couldn’t say Monday how much a decrease would result. 

Northrop Grumman increases offer for TRW to $6.7 billion

By Joe Milicia The Associated Press
Tuesday April 16, 2002

CLEVELAND (AP) — Defense contractor Northrop Grumman Corp. increased its bid to acquire TRW Inc. to $6.7 billion, a month after the defense manufacturer’s board rejected an unsolicited offer of $5.9 billion. 

Kent Kresa, chairman and CEO of Los Angeles-based Northrop Grumman, said TRW is more valuable because of improving economic conditions. 

The new offer is valued at $53 a share, compared with an original offer of $47 a share. 

TRW late Sunday advised its shareholders to take no action and said its board would review the revised offer. 

Last month, TRW chairman Phillip Odeen told investors that $47 a share wasn’t indicative of TRW’s value. The TRW board also urged shareholders to reject the Northrop Grumman’s hostile tender offer. 

Shares of TRW were up 49 cents to close at $51.97 in trading Friday on the New York Stock Exchange. Northrop shares lost 57 cents to close at $118.31. 

“We strongly encourage TRW shareholders to send a strong message to their board of directors in favor of inviting us to conduct due diligence,” Kresa said in a news release Sunday. “If the TRW board continues to deny us access, this offer will not proceed.” 

In response to the takeover attempt, TRW said last month it plans to spin off its automotive parts business within nine months. 

TRW said it was in preliminary talks with others who have expressed interest in buying all or part of the automotive business and its aeronautical systems business.

List of opponents for Mayor Dean dwindle

By Jamie Luck, Special to the Daily Planet
Monday April 15, 2002

The list of prospective challengers to Shirley Dean’s mayoral seat in this November’s election has diminished with the announcements by several potential candidates that they will not run against the two-term incumbent. Members of the progressive voting block of the city council, determined to unseat Dean, have seen their list of challengers shrink, and have responded to their lack of a candidate by organizing a convention for May 4 to determine who will run against the mayor. 

Berkeley councilmember Linda Maio, who was considering a run for mayor, has decided not to run against mayoral incumbent Shirley Dean in November’s election. “It’s really just not the right time for me,” says Maio. “For one thing, it is difficult to unseat an incumbent. It takes a lot of money, at least $200,000. I just don’t have access to the kind of funds [Mayor Dean] has, because she is tight with developers.”  

State assemblymember Dion Aroner , D-Berkeley,also flirted with running for mayor, but has instead decided to pursue the 9th district state senate seat in 2004, when Don Perata will be forced out of that seat due to term limits.  





This leaves Berkeley’s progressive group of politicians uncertain of who will represent them in the upcoming election, a determination they hope to make during the May 4th convention, the first of its kind held by the progressives in 20 years. Possible candidates range from progressive councilmembers Margaret Breland and Kriss Worthington to active politicos like Justice Commissioner Elliot Cohen, KPFA crusader Barbara Lubin and Planning Commission chairman Rob Wrenn. The convention may also be the first step in hammering out a platform for the mayor’s challenger, as neighborhood groups and activists are expected to appear and voice their issues and concerns. 


“I thought about attending the convention,” said Mayor Dean, “but I don’t think I’d be very welcome. I’m sure they’ll talk about me, and I’d like to hear what they have to say.” 

The mayor says she does not plan on altering her campaign due to convention results. “What I do is not going to be affected at all by what is happening now. I intend to run a hard campaign as I always do,” she says. 

Incumbent councilmembers may be reluctant to forfeit their seats to run for mayor, which will be required of those who declare themselves candidates. The progressives currently enjoy a narrow, 5-4 majority in the city council, that could be put at risk. “The possible loss of the majority on the council is certainly a concern,” said Maio. This may push the progressives to look for a candidate outside of council ranks.  

Another race to watch will be for the District 8 council seat, which is being relinquished by Polly Armstrong. “I’ve done this for eight years and I’ve done a good job,” says Armstrong, “but it’s important to know when to walk away from something.” Armstrong cites political infighting as one of her reasons for leaving. “There’s no joy left in the job due to the toxic atmosphere in council meetings among the councilmembers, so it’s time to go,” she says. “I am concerned that while it’s important to keep Berkeley as a city with room for all kinds of opinions and people, we are increasingly becoming a city of students and rich people, and that we’re going to lose our families and our working poor,” she adds. 

Armstrong has declared support for a successor to her seat and for the current mayor. “I am supporting Gordon Wosniak [for District 8], who’s running in my place,” she says. 

“And I think Shirley Dean will dominate the [mayoral] election regardless of who the progressives nominate. She’s done an excellent job and is the hardest working person who’s ever had the job.”  

Maio disagrees with her assessment of the mayor. “A change is important,” she says. “Dean is a person who works hard, but she’s out of step with what the city stands for and who we are.” 

While the mayor says it is too early to specify the exact content of her campaign, she does say that future development, affordable housing, education and transportation are all key issues. Dean says that another term is essential to “complete some of the things that I’ve started and been involved in that are really important. We’ve made good beginnings, but we need to bring them to fruition, and that’s why we need another term.” 

In addition to the mayoral seat, council seats for Districts 1, 4, 7, and 8 are all open for reelection. Candidates must declare by July. 

Out & About Calendar

Compiled By Guy Poole
Monday April 15, 2002

Monday, April 15


Respite Caregiver Volunteer Training 

9 a.m. - 12 p.m. 

Catholic Charities 

433 Jefferson St., Oakland 

Part one of a two day training for anyone interested in becoming a respite care volunteer. 768-3147, betty@cceb.org 


Parkinson’s Support Group 

10 a.m. 

North Berkeley Senior Center 

1901 Hearst 


For more information, call 981-5190. 

Berkeley Society of Friends (Quakers) 

2151 Vine Street 

Berkeley, Ca 94709 

(510) 843-9725 


Building Education Center - Free Lecture 

“What You Need To Know Before You Build or Remodel” 

7-9 p.m. 

Preview of the Homeowner’s Essential Course, presented by builder Glen Kitzenberger - learn to solder pipe and more!  

812 Page 



Peace Builders 

9 a.m. 

2151 Vine St. 

The Berkeley Society of Friends is presenting talks from four inspiring peace builders in April and May, beginning with Melody Ermachild Chavis and Latifa Popal who have just returned from Afghanistan. 527-8475. 


Berkeley Partners for Parks Meeting 

7:30 - 9 p.m. 

City Corp. Yard  

1326 Allston Way 

Public invited to discuss and advocate for parks and open space in Berkeley. 649-9874. 


Tuesday, April 16


Respite Caregiver Volunteer Training 

9 a.m. - 12 p.m. 

Catholic Charities 

433 Jefferson St., Oakland 

Part two of a two day training for anyone interested in becoming a respite care volunteer. 768-3147, betty@cceb.org 


Farm Fresh Choice,  

Community Produce Stands 

Affordable, high-quality nutritious fresh fruit, vegetables, eggs and apple juice. Organic and low residue produce. Support small independent African -American, Latino and Asian Farmers continue to farm in environmentally sound ways. 

4 to 6 p.m., every Tuesday 

Three Locations:  

The Young Adult Project at Oregon and Grant, Bahia on Eighth Street at James Kenny Park and The Berkeley Youth Alternative. 


Berkeley Camera Club 

7:30 p.m. 

Northbrae Community Church 

941 The Alameda 

Share your slides and prints and learn what other photographers are doing. 525-3565. 


Affordable Housing Advocacy Project 

5:30 - 7:30 p.m.  

South Berkeley Senior Center 

2939 Ellis St. 

Affordable Housing Advocacy Project is sponsoring a series of Town Hall Meetings to present its annual update of their five year plan. 548-8776 


Spring Travel Writer’s  


Easy Going Travel Shop & Bookstore 

1385 Shattuck Ave. 

Packing Demonstration: how to pack for three weeks, two climates in one manageable carry-on bag. 843-3533 


Brown Bag Career Talk 

YWCA Turning Point Career Center 

2600 Bancroft Way 

noon - 1 p.m. 

Frank Vargas of Berkeley will speak on the process of gaining employment in the many aspects of city government. $3 


"Self-Built Eco-Homes and Communities in Britain and Temple of Human Unity." 

7 - 9 p.m.  

Ecology Center  

2530 San Pablo Ave. 

Jeffrey Gale, British Eco-Architect, Permacultural Garden Designer will give a Slideshow presentation. 548-2220 x233. 


Low-Cost Hatha Yoga Class 

6:30 p.m. 

James Kenney Recreation Center 

1720 8th St. 

$6 per class. 981-6651. 


Wednesday, Apr. 17th


A Judicial Attack on  


7-8:30 p.m. 

UCBerkeley School of Journalism Library 

Hearst and Euclid Intersection 

Discussions on recent court rulings that attack environmental policies. Open to the public. Free. 

For more information contact David Slarskey at 415-989-1111 or email at dslarskey@bridgehosing.com 


A Conversation with Michael Frayn 

4 - 5:30 p.m. 

Berkeley Repertory Theatre 

2015 Addison St. 

Frayn will discuss the scientific and historical issues raised in his play “Copenhagen,” which seeks to explain what transpired at a mysterious and fateful meeting in 1941 between German Physicist Werner Heisenberger and Niels Bohr. 

7-9:30 p.m. 


A Community Dialogue and  

Lecture on Buddhism 

7:30 p.m. 

Luthern Church of the Cross 

1744 University Ave. 

Jeff Greenwald ( Author and journalist of Shopping for Buddha, The Size of the World, and Scratching the Surface, a new anthology) 

Topic: Adventure Travel Writing: Myth & Reality 

A presentation followed by a question and answer period. 848-1424.  


Affordable Housing Advocacy Project 

5:30-7:30 p.m.  

North Berkeley Senior Center 

1901 Hearst Ave. 

Affordable Housing Advocacy Project is sponsoring a series of Town Hall Meetings to present its annual update of their five year plan. 548-8776. 


The Low Vision Speaker Jeff Carlson to speak about  

services of Lighthouse for the Blind 

1 p.m. 

1901 Hearst Ave. 

For more information, call 981-5190. 


Graduate Theological Union Lecture 

7 p.m. 

Bade Museum, Pacific School of Religion 

1798 Scenic Ave, Berkeley 

A public voice lecture on Perspectives on terror and the War 

For more information, call 849-8244. 


Berkeley Peace Walk and Vigil 

6:30 p.m. vigil 

7 p.m. walk 

Downtown Berkeley BART  

528.9217, vigil4peace@yahoo.com. 


Thursday, April 18


Berkeley Metaphysical  

Toastmasters Club 

6:15-8:00 p.m. 

2515 Hillegass Ave. 

Berkeley Free, on-going meetings 1st & 3rd Thursdays, emphasizing metaphysical topics.  





Walking in the Footsteps of John Muir 

7 p.m. 


1338 San Pablo Ave. 

Cherry Good gives a slide lecture sharing highlights from her journey to find out what she could about John Muir. 527-7470 


Home Remodeling Workshop 

7 - 8 p.m. 

Building Education Center  

812 Page St. 

Free home remodeling workshop focusing on lowering utility bills and using building materials that are healthier for your family and the environment. 614-1699, www.stopwaste.org. 


Affordable Housing Advocacy Project 

5:30-7:30 p.m.  

West Berkeley Senior Center 

1900 Sixth Street. 


Affordable Housing Advocacy Project is sponsoring a series of Town Hall Meetings to present its annual update of their five year plan. 

For more information, call 548-8776 


Friday, April 19


City Commons Club 

12:30 p.m. 

2315 Durant Ave.  

“Whither U.S. - Japan Relations?” Steven Vogel, Professor of Political Science, UC Berkeley. $1. 848-3533. 



(Previews begin through the 23rd), through June 23rd 

Berkeley Repertory Theatre 

2025 Addisons Street, Berkeley 

Previews, $38, Tue/Th (8 p.m.) $42, Wed (7 p.m.), Thu/Sat/Sun matinee (2 p.m.), Sun (7 p.m.) $44, Wed opening/Fri eve (8 p.m.) $47, Sat (8 p.m.) $54 

Discounts: 20 half price HotTix go on sale at noon Tues. - Fri., Student/Senior half-price Rush one half hour before curtain, $16 for under 30, with valid ID, some restrictions apply. 

510-647-2949 or 888 4BRTTix, www.berkeleyrep.org 


Marimba Pacifica 

The Bay Area’s Premiere Marimba ensemble, a unique mixture of joyous World Beat dance music along with first Bay Area appearance of Dijaly Kunda Kouyate, traditional Griot Music from West Africa.  

Doors 8:30 p.m., music 9 p.m. 


San Pablo at Gilman 


510-525-5054 or band and CD info 510-532-3579 


Standup Comedy 

8 p.m. 

Julia Morgan Theater 

2640 College Ave. 

A special one night only East bay appearance by standup comedian Scott Capurro. $16.50. 925-798-1300, www.scottcapurro.com 


Saturday, April 20


Berkeley Alliance of  

Neighborhood Associations  



Live Oak Park 

1301 Shattuck Ave., Berkeley 

Hear the latest news for the city wide network and confab for neighbors and their groups.  


Panthers get a look at state’s best in Arcadia

Staff Report
Monday April 15, 2002

The St. Mary’s High track & field program should be a contender for state honors this season, for both individual events and team score. So last weekend’s Arcadia Invitational, the first meet to host most of the state’s best teams, could be looked at as a preview of what’s to come for the Panthers. 

If that’s so, the St. Mary’s girls appear to be in pretty good shape, finishing in the top five in five different events and seventh in two others. Seniors Kamaiya Warren, Bridget Duffy and Danielle Stokes continued their impressive seasons at Arcadia, with each going head-to-head with a familiar rival. Warren finished second in the shotput and fourth in the discus with solid marks in both events, although she did come in behind rival Rachel Varner of Bakersfield High, who won the shotput and finished second in the discus. Duffy finished fifth in the mile in 4:56, two seconds ahead of Head Royce High’s Clara Horowitz, another episode in the four-year battle between the two runners. Stokes was fourth in the 100-meter intermediate hurdles, .05 of a second behind Talia Stewart of James Logan. The pair have faced off in three straight meets, with wins alternating from week to week and the margin never more than 1/10th of a second. 

The Lady Panthers finished second in the distance medley in 12:09, four seconds behind their state-best mark, set at the Stanford Invitational. Their previous mark held up as winner Esperanza High finished in 12:06. The team’s other relay, the 4x100, had another impressive showing, finishing seventh in a strong field. 

The lone disappointment on the girls side was that senior Tiffany Johnson. She didn’t compete in her two best events, the 100-meter dash and the long jump, and finished seventh in the triple jump and out of the top 10 in the 200-meter race. 

The St. Mary’s boys, on the other hand, had just one impressive performance: senior Solomon Welch won the triple jump with a leap of 48’01.25”. Welch was also ninth in the long jump, and Jason Bolden Anderson finished ninth in the 100-meter hurdles. The boys’ 4x100 relay team came in eighth with one of their stronger performances of the season, but the sprinters were unimpressive individually.

Observer’s view of Mideast conflict

Alex Theberge
Monday April 15, 2002

To the Editor: 


I have been observing the incidents in the Middle East develop and escalate with horror and disbelief over the last year. The continued atrocities committed by both sides of the conflict seem to me a testament to the innate humane capacity for self-destructiveness. But, at the end of the day, one clear and blazing fact sears through the murky nuances of the conflict and, sharpens the sting of each escalating retaliation; the fighting is occurring between one of the wealthiest and militarily powerful nations in the world and a small guerrilla movement conceived in the slums and refugee camps of an impoverished, occupied, and alienated people. 

The key word here is nation. A sovereign nation is on one side of the conflict, and a stateless group of people is on the other side. It disturbs and saddens me to hear of guerrilla militants blowing up innocent civilians in Jerusalem cafés, much as it does to hear of the horrific car-bombings in downtown Bogotá. But it outrages me to hear of a state government shooting at rock-throwing civilians, willfully and recklessly demolishing the houses of its people and assassinating militants without trial.  

It seems that no laws apply to or can protect the Palestinians under Israeli control. Ambulances are impeded from delivering service, water and electricity are cutoff for hundreds of thousands, journalists are shot and killed whole apartment complexes are occupied and purposefully trashed. Thousands of civilians, from teenage boys to old men, are stripped from their homes, rounded up and interrogated en masse . Accused terrorists and conspirators are tortured and confined without hearings or lawyers. The IDF forces operate, it seems, with both leeway and impunity in a residential civilian setting, a history-proven recipe for human rights atrocities. 

A nation’s government, especially in a self-proclaimed democracy, must be held to a higher standard of human and civil rights that that of an informally organized guerrilla movement. We cannot squeeze the leaders of Hamaz with diplomatic and economic pressure any more that we can the leaders of the Tupac Amaru, but we can and must pressure the Israeli government to change its policies, even if it means denying aid, boycotting Israeli products, and implementing economic sanctions. 


Alex Theberge 


Locals take a peaceful journey

By David Scharfenberg, Daily Planet staff
Monday April 15, 2002

Two Berkeley residents will arrive in Israel this morning on a mission of peace. 

Tom Kelly, a grants developer for the California Department of Health Services, and attorney Cathy Orozco are among a delegation of fifteen peace activists from around the country who will travel through Israel and the Palestinian territories for 10 days, getting a firsthand glimpse at the conflict and meeting with local activists, peace leaders and ordinary citizens. 

Kelly said he hopes to return with greater insight on the Israeli-Palestinian fight, in part to heal local divisions over the Middle East conflict. In recent weeks, protesters on both sides of the issue have clashed on the Berkeley streets and the UC Berkeley campus. 

“This situation has implications way beyond the Middle east,” Kelly said. “Even here in Berkeley, the level of anger and reaction is pretty astounding.” 

Former state assemblyman Tom Bates and former councilmember Nancy Skinner have also reportedly declined to run against Dean. 

The Fellowship of Reconciliation, an 87 year-old peace group based in Nyack, New York has organized the trip, its seventh such journey to the region in the last two years. 

The Fellowship, which makes an effort to include Jews, Christians and Muslims committed to non-violence on every trip, offered the delegation a one-and-a-half-hour training in Nyack this weekend. 

Richard Deats, communications coordinator for the Fellowship, said the training includes role-playing in how to defuse potentially violent encounters with the military or armed civilians. 

Deats said safety will be a paramount concern for the delegation, but noted that there is a certain balancing act in play. 

“We don’t want to take any unnecessary risks,” he said. “At the same time, we try to get to areas where there has been conflict.” 

An firsthand view of the conflict, Deats said, is an important part of the delegation’s education. 

Orozco, in an interview Friday, said she has some concerns about safety. But that is not her only worry. 

“The other thing is fear of the unknown,” she said. “I’ve never been there.” 

Orozco said, when she returns, she hopes to work with Kelly and four other Bay Area delegates to spread the word about her experience. 

Deats said the Fellowship encourages participants to speak with local elected officials, newspaper editors and activist groups after their return, to share their experiences and spread a message of peace. 

Usually, he said, delegates are so moved by the trip that they do take local action. 

“It’s a life-changing situation,” he said. 


Contact reporter:  





Kudos to Davis’ for new Morning After policy

Shelly Makleff
Monday April 15, 2002

To the Editor: 


This letter is in response to the recent policy change allowing trained pharmacists to distribute Emergency Contraception, also known as E.C. or the “morning-after” pill, without a prescription to women who have had unprotected sex within 72 hours.  

I want to commend local papers for publishing articles about this new policy, and to urge further publication and discussion on this issue.  

Unfortunately, most people do not know about this policy, and think that they need to go to their medical provider in order to obtain Emergency Contraception.  

As a volunteer member of The Women’s Community Clinic (WCC) in San Francisco, which is the only free women’s health clinic in San Francisco, I have spoken with many women who were unable to get Emergency Contraception within 72 hours of unprotected sex.  

The WCC offers evening and occasional Saturday hours, times when most other clinics are closed,  

in order to meet the needs of women who work during the day. At the WCC, whenever women call for information about Emergency Contraception, we inform them of their option to either come to the clinic or to go to any Walgreen’s, where many pharmacists are already trained to give out EC.  

Hopefully, this topic will receive more press in the media, and we can spread the word throughout our community so that women have the information they need to make health decisions. Lets all make a concerted effort to inform our friends, acquaintances and peers about this new policy!  


Shelly Makleff 



Bears avoid sweep, beat Arizona 2-1

Daily Planet Wire Services
Monday April 15, 2002

Led by a complete game from sophomore Matt Brown and home runs by Ben Conley and Justin Nelson, the Cal baseball team defeated visiting Arizona, 2-1, Sunday at Evans Diamond. The Bears improved to 23-18 overall and 6-6 in the Pac-10, while Arizona dropped to 24-15 and 5-7 in the conference. The Wildcats had won the first two game of the series, 8-4 on Friday and 18-9 Saturday.  

Brown, who is the Bears closer and the Pac-10 leader in saves with six, threw his first career complete game, improving his record to 4-1 while giving up just four hits, one run, only one walk and a career-high 10 strikeouts.  

Junior centerfielder Conley got Cal on the board first when he hit a lead-off home run in the bottom of the first inning off of Arizona starter Joe Little (5-4, 6 2/3 innings, two runs, one walk, five strikeouts). The Wildcats’ Brad Hassey tied the game with a lead-off homer in the top of the sixth. The winning run for the Bears came in the bottom of the seventh when freshman leftfielder Justin Nelson hit a one-out homer down the right field line off of Little.  

Cal will host Fresno State on Tuesday at 2:30 p.m. at Evans Diamond. The Bears then travel to Arizona State for a three-game Pac-10 series, beginning Friday at 7 p.m. at Hohokam Park in Mesa, Ariz.


By Chris Nichols, Special to the Daily Planet
Monday April 15, 2002

Reparations panelists say monetary is only beginning of America’s true atonement 


Legal experts, historians and advocates of social justice met Friday and Saturday to discuss the case for reparations for African Americans. The two-day symposium, entitled “Reparations for Slavery and Its Legacy,” was sponsored by the Center for Social Justice at UC Berkeley’s School of Law, Boalt Hall. 

The symposium provided a discussion of the case for reparations, a history of past reparation movements and future strategies for repairing disparities in health, income and status between blacks and whites due to the legacy of slavery. 

The first day of the symposium consisted of a speech and book signing by Raven Lecturer Randall Robinson, author of “The Debt – What America Owes to Blacks.”  

Saturday’s discussions included the case for reparations, reparations in congress and the courts, lessons from other reparation movements and future strategies. 

Panelists and organizers of the symposium expressed the desire to see a meaningful and genuine atonement on the part of the U.S. government for the damage caused to the African American population as a result of slavery. Speakers emphasized that a sincere apology and admission of culpability was more important than any amount of monetary compensation. 

“No amount of money is going to be sufficient unless an apology is involved. I want an apology. I want it to be meaningful,” expressed Roy Brooks, a Professor at the University of San Diego Law School. 

As a part of the future strategies discussion, UC Berkeley Professor of Sociology Troy Duster presented a two tier system of action. Duster proposed the need for both symbolic and substantial repair. He explained that symbols such as statues and plaques represent a constructed memory and serve as a selective history.  

“We need to reexamine our symbols. We need to rededicate and repair our history by putting up new statues and plaques next to the existing ones. Don’t pull down the old plaques. Put up statues of Nat Turner and other freedom fighters next to the old ones and create a conversation between the two,” says Duster. 

Duster asked the audience, “Where are the statues of the abolitionists? Where are the freedom fighters?” 

Duster concluded that “symbolic repair is a beginning.” He expressed that recognition must come first and pave the way for substantive repair. 

Panelists referenced the current HR-40 proposal for reparations in congress originally introduced by Congressman Conyers in 1989. The bill would allow for an investigation of slavery effects on the African American population and determine if reparations are necessary. 

Speakers also compared the movement for slavery reparations to the struggle and success of the Japanese American movement for redress for those forced into internment camps during World War II. 

The majority of the speakers, however, cautioned that a simple monetary settlement would undercut much of the movement for genuine redress.  

“Settlement clouds the black redress movement. If we pursue only the tort model we lose important support in our struggle,” says Brooks. 

Duster touched on the need for economic reform including change in the process of applying for housing loans and the Federal Housing Act. 

Director of the Center for Social Justice and organizer of the two-day symposium, Mary Louise Frampton expressed the need to bring the issue of reparations to the forefront of American society. “We can’t claim to be a land of freedom when we ignore the legacy of slavery. The general public is just beginning to understand this issue and Berkeley is a great place for this to begin,” says Frampton. 

Frampton and other organizers at the Center for Social Justice have been planning for the symposium since October and hope to organize future discussions on the issue. 

A set of concrete reparation demands were laid out by Leilani L. Donaldson, Chair of the Bay Area Organizing Committee or N’COBRA.  

Among the reparation demands expressed by Donaldson were the return of African cultural artifacts, the release of incarcerated members of the Black Panther Movement, $1 billion in aid for black farming companies and an end to the outstanding debts of African nations to the United States.  

Donaldson expressed that even with reparations more work needs to be done — that reparations are not an end in themselves. 

“We believe the struggle for reparations will ultimately be won by the work and energy of the masses of the African people,” says Donaldson.”We believe all of our demands will be met. We are not siphoning off demands because that would be defeatist,”  

Donaldson concluded her speech by asking the audience, “What is so scary about the truth? We need to live and act with the truth.” 

According to Alex Bagwell, an attendee of the symposium and member of N’COBRA, “The discussions gave a lot of focus to the work that a few of us have been doing. I was pleased with the breadth of the aspects of reparations and the future strategies,” says Bagwell. 

“My expectations for the symposium were to find out what other people think should happen involving reparations for slavery,” commented Harriet Bagwell, also a member of N’COBRA. “I found that people want not so much money as an apology like I feel too. I want an apology from the government,” says Bagwell. 

Included in the panel on future strategies for reparations were the comments of Vernellia Randall, Professor, University of Dayton School of Law. 

Randall’s speech focused on strategies for restoring black health care. Randall discussed the current status of black health, ways in which current black health relates to slavery and finally reparations in the United States. 

“Black people are sicker than white people,” says Randall, citing both adult and infant mortality rates for blacks internationally. 

Randall stressed that this issue is not just about the United States but concerns in disparities health between blacks and whites in Caribbean nations, Europe and Canada. 

According to Randall, the mortality rate for blacks internationally is twice that than for whites.  

Randall also stressed the connection between the current status of black health and the generational damage to black health carried over from slavery. “Blacks were made sick through the enslavement process, the breaking-in process,” says Randall. “It is clear that one’s health status is affected by previous generation’s health.” 

According to Randall the disparity between black and white health is not a new discovery though many dispute these connections. “There have been things written about this since slavery but now there are attempts to find some other explanation for the disparities between black and white health,” says Randall. 

“There’s been, dating back to the slave trade and through the 50’s, the 60’s, the 70’s a disparity in health,” says Randall. 

The reasons for disparity in health according to Randall are a lack of access to health care for blacks, underemployment at jobs providing health care, the high cost of health care. Randall also included a disparity in medical treatment between blacks and whites, a lack of data on different black populations and a lack of uniform data collection methods. 

Randall concluded by providing recommendations and strategies for improving black health.  

“This will require 50-80 years to repair our health and eliminate racial disparities in health care. We need to commit ourselves to this and find a way to say we’re taking this on and we’re taking it on for the long haul,” says Randall. 

“We need to reduce poverty We need to remove environmental hazards that affect our health. We need to locate health care facilities in black communities, diversity in the health care workforce, eliminate health care discrimination and an assertive civil rights health care agenda.” 

“Finally, we need to eliminate the institutional racism of the health care system,” says Randall. 

What’s so weird or funny about disabilities

Ann Sieck
Monday April 15, 2002

The daily filler titled "News of the Weird" represents at best a misjudgment of what will earn the respect and readership of Berkeley, but what's in it (Thursday, April 11th) is seriously offensive.  

What is weird about a man who is blind and deaf training as a gardener? This follows an earlier story where it was a man with no legs robbing a liquor store. At least in that case the behavior was reprehensible. But both stories' point is that a person with a disability engaged in a common activity is bizarre. 

God knows that's a common enough attitude, but in Berkeley, there are ample opportunities to learn better, and I sure wish whoever is deciding what padding to print would note that many people with disabilities read, and shop, and are thus a part of your target audience. And I am one of them who won't be saying anything nice about the Planet soon. 


Ann Sieck 


Sports shorts

Monday April 15, 2002

Surging Cal golfers second at Barnard 

STANFORD – No. 18 California continued its rise on the national scene with a second-place finish at the Peg Barnard California Collegiate Sunday at the Stanford Golf Course. The Lady Golden Bears matched the best round of the day at 296 to finish six strokes back (599) of No. 19 Washington (593). The Huskies also carded a 296 to lead wire-to-wire and win the 14-team tournament.  

The Bears started the day in a tie for fourth with San Jose State.  

No. 14 USC placed third (600), followed by host No. 29 Stanford (607) and No. 8 Arizona State (610).  

Junior Vikki Laing and sophomore Sarah Huarte paced the Bears, finishing in a five-way tie for fourth with three-over-par 147. Laing shot a 72 Sunday, while Huarte finished with a 71. Cal junior Ria Quiazon also posted a top 20 finish, tying for 16th at 152 after a final round of 75.  

USC’s Mikaela Parmlid won the individual competition with a one-under-par 143. Stanford’s Kim Rowton was runner-up with a 145, and Washington’s Lindsay Morgan finished third at 146.  

Cal next competes at the Pac-10 Championships, April 22-24, in Walla Walla, Wash.  


Women’s tennis finishes home season with win 

The Cal women’s tennis team closed out its 2002 home slate with a win today, defeating Pac-10 rival Arizona 5-2 to claim its second conference win of the season. With the win, the Bears improved to 12-7 (2-3 Pac-10), while Arizona dropped to 8-12 (2-4 Pac-10). 

Cal was swept in doubles for the second consecutive match, with Christina Fusano and Jieun Jacobs rallying from a 4-0 deficit to lose in a tiebreaker 9-8 (8-6). The Bears got things back on track during singles, however, winning in straight sets on five of six courts.  

Sophomore Catherine Lynch got her first-ever win at the top spot, claiming a hard-fought 7-5, 6-2 victory over the higher-ranked Maja Mlakar. Fusano claimed yet another win, defeating Diane Hollands, 6-4, 6-1. Jacobs and Jody Schelt both dominated on their respective courts, with Jacobs winning in a pair of 6-1 sets, while Scheldt finished off Lorena Marino 6-3, 6-4. Freshman Carla Arguelles was in the midst of a comeback against Marie-Pier Pouliot, when the Wildcat was forced to withdraw due to injury.  

The Bears finish off their regular season this week in Los Angeles, challenging UCLA on Friday and USC on Saturday.  


Bears upset by ASU 

TEMPE, Ariz. - The Cal men’s tennis team was defeated by Arizona State, 5-2, Saturday afternoon at the Whiteman Tennis Center. With the loss, the Bears fell to 15-6 (3-2 Pac-10), while Arizona State improved to 9-9 (2-4).  

The Sun Devils clinched the doubles point by upending Cal’s duo of John Paul Fruttero and Robert Kowalczyk at the top court, in a 9-8 (11) tiebreak win. In singles, Fruttero’s aversion to tiebreaks continued, as he was defeated in a three-set match that was completed in a 7-6(6) near-deadlock. 2001 Pac-10 Freshman of the Year Balazs Veress got things back on track on the second court, winning in straight sets, 6-1, 6-1. Kowalcayk rebounded from a rough start to defeat Olivier Charroin, 0-6, 6-3, 6-2.  

Cal returns to Hellman Tennis Center this week for a three-match homestand, which will close out the 2002 regular season homeslate for the Bears. First up is Pepperdine, on Monday at 1:30 p.m.  


Water polo beats Spartans 

The Cal women’s water polo team (15-7) closed out its 2002 home slate Sunday, defeating Mountain Pacific Sports Federation rival San Jose State, 9-4, at Spieker Aquatics Complex. The Bears and the Spartans have already played their MPSF match this season, therefore Cal’s third win over SJSU does not count in conference standings.  

On senior day, team captain Brenna Fleener scored three goals in her last performance before the home crowd to lead the Bears. Former Olympian Ericka Lorenz added a pair, while freshman sensation Jodie Needles checked in with a score. For the Spartans, Christine Welsh led the team with a pair of scores.  

Cal goalie Lauren Dennis caught fire during the first period, notching three of her eight saves in the frame, while senior Julia Cesnik scored her final goal at Spieker to get things started. By the end of the first half, Cal held a comfortable 4-1 lead.  

The Spartans would rally, but would not come within two goals of the Bears. Lorenz had both of her goals in the second half, while Dennis dominated the Spartan attackers before giving way to freshman Christina Quintanilla in the fourth period. Quintanilla was ejected late in the game, allowing for a final SJSU score before time expired.

Pro-Israelis demonstrate in SF

Daily Planet Wire Service
Monday April 15, 2002

Jewish Community Federation march numbers 5,000 


SAN FRANCISCO — San Francisco police estimate more than 5,000 people sympathetic to the Israeli plight gathered in San Francisco this afternoon for a rally at Justin Herman Plaza. 

According to Yitzhak Santis, of the Jewish Community Relations Council, today's rally was the largest in the Bay Area in several years. More than 2,500 Russian Jews, who were already rallying in Golden Gate Park, along with 11 busloads of people from the Peninsula and two from Marin County joined thousands of others who had gathered earlier at the plaza. 

Hundreds of Israeli and American flags whipped in the brisk wind that blew along The Embarcadero, the site of the rally sponsored by the Jewish Community Federation, and a plane dragged a banner that said, “Israel We Support You.”Security was very tight with a heavy police presence, but there were no signs of conflict. 

Gina Waldman, whose Jewish family was run out of Libya, told the crowd that Palestinian leaders have not done enough to bring their own people out of poverty. As a mother, Waldman said she sympathizes with Palestinian women who want their children to grow up in prosperity but she decried them for condoning violence. 

“I would never send my children on a suicide mission,” she said. 

Many of the speakers condemned the University of California at Berkeley and San Francisco State University for not taking a more aggressive stance in favor of a Jewish state and the crowd responded with hearty boos. 

Still, there were very few outwardly harsh words for Palestinians or their leader Yasser Arafat. Instead, most people said they wanted peace for everyone living in the Middle East -- Palestinians, Jews and Arabs alike. 

Yossi Amrani, Consul General of Israel in San Francisco, said afterward that, as an Israeli citizen, he had not seen anything like this in the Bay Area. 

Sports this week

Monday April 15, 2002


Baseball – Cal vs. Fresno State, 2:30 p.m. at Evans Diamond 

Boys Tennis – Berkeley vs. El Cerrito, 3:30 p.m. at El Cerrito High 

Swimming – Berkeley vs. Encinal, 3:30 p.m. at Willard Pool 

Boys Lacrosse – Berkeley vs. Miramonte, 4 p.m. at Miramonte High 

Boys Volleyball – Berkeley vs. Alameda, 6 p.m. at Berkeley High 



Baseball – Berkeley vs. Encinal, 3:30 p.m. at San Pablo Park 

Baseball – St. Mary’s vs. Kennedy, 3:30 p.m. at St. Mary’s College High 

Softball – Berkeley vs. Encinal, 3:30 p.m. at Old Grove Park 



Boys Tennis – Berkeley vs. Alameda, 3:30 p.m. at King Middle School 

Track & Field – St. Mary’s vs. BSAL, 3:30 p.m. at St. Mary’s College High 

Swimming – Berkeley vs. El Cerrito, 3:30 p.m. at Willard Pool 

Boys Volleyball – Berkeley vs. De Anza, 5 p.m. at Berkeley High 



Baseball – Berkeley vs. El Cerrito, 3:30 p.m. at Cerrito Vista Park 

Baseball – St. Mary’s vs. John Swett, 3:30 p.m. at John Swett High 

Softball – Berkeley vs. El Cerrito, 3:30 p.m. at El Cerrito High 

Girls Lacrosse – Berkeley vs. Marin Catholic, 5:30 p.m. at Marin Catholic High


Monday April 15, 2002

In the early hours of April 15, 1912, the British luxury liner Titanic sank in the North Atlantic off Newfoundland, less than three hours after striking an iceberg. About 1,500 people died. 

On this date: 

In 1850, the city of San Francisco was incorporated. 

In 1861, three days after the Confederate attack on Fort Sumter, President Lincoln declared a state of insurrection and called out Union troops. 

In 1865, President Lincoln died, several hours after he was shot at Ford’s Theater in Washington by John Wilkes Booth. Andrew Johnson became the nation’s 17th president. 

In 1892, General Electric Co., formed by the merger of the Edison Electric Light Co. and other firms, was incorporated in New York State. 

In 1945, during World War II, British and Canadian troops liberated the Nazi concentration camp Bergen-Belsen. 

In 1945, President Roosevelt, who had died April 12, was buried at the Roosevelt family home in Hyde Park, N.Y. 

In 1947, Jackie Robinson, baseball’s first black major league player, made his official debut with the Brooklyn Dodgers on opening day. (The Dodgers defeated the Boston Braves, 5-3.) 

In 1959, Cuban leader Fidel Castro arrived in Washington to begin a goodwill tour of the United States. 

In 1989, 95 people died in a crush of soccer fans at Hillsborough Stadium in Sheffield, England. 

In 1990, actress Greta Garbo died in New York at age 84. 

Ten years ago:  

Russia’s deeply divided Congress of People’s Deputies formally endorsed President Boris Yeltsin’s economic reforms. Countries barred Libyan jets from their airspace and ordered diplomats to go home because of Libya’s refusal to turn over suspects in the bombing of Pan Am Flight 103. Hotel magnate Leona Helmsley began serving a prison sentence for tax evasion (she was released from prison after 18 months). 

Five years ago:  

The Justice Department inspector general reported that FBI crime lab agents produced flawed scientific work or inaccurate testimony in major cases such as the Oklahoma City bombing. In Saudi Arabia, fire destroyed a tent city outside Mecca, killing at least 343 Muslim pilgrims. Jackie Robinson’s number 42 was retired 50 years after he became the first black player in major league baseball. 

One year ago:  

U.N. investigators arrested Bosnian Serb army officer Dragan Obrenovic in connection with the Serbian Army’s slaughter of as many as 7,000 Muslim men and boys. (Obrenovic, who has pleaded innocent, is expected to face trial this fall.) Punk rock icon Joey Ramone died in New York at age 49. 



Actor Michael Ansara is 80. Country singer Roy Clark is 69. Rock singer-guitarist Dave Edmunds is 58. Actress Lois Chiles is 55. TV producer Linda Bloodworth-Thomason is 54. Actor Michael Tucci is 52. Actress Amy Wright is 52. Columnist Heloise is 51. Actress-screenwriter Emma Thompson is 43. Singer Samantha Fox is 36. Rock musician Ed O’Brien (Radiohead) is 34. Actor Flex is 32. Actress Emma Watson is 12. 

El Cerrito family’s video is only one of America’s funniest

Monday April 15, 2002

EL CERRITO — It was funny, just not the funniest. 

Tony and Jackie Astorganos of El Cerrito just missed the $10,000 grand prize on the “America’s Funniest Home Videos” television show. 

Their video of a gas station mishap won them $3,000, a trip to Los Angeles for the show’s taping and $300 spending money. 

The tape shows Jackie coming home in their 1966 red Mustang with the hose from a gas-station pump sticking out of the car. When Tony tells Jackie about it, she smiles and says, “I filled it up, though.” 

The ABC show, which began in 1990, airs snippets of home videotapes. The couple sent the tape to the show in 1998. It wasn’t until February 2002 that they were told they would be in the running for the show’s $10,000 grand prize.

Oakland facing $46.3m shortfall

Monday April 15, 2002

OAKLAND — Alameda County officials face a $46.3 million budget shortfall, the largest gap in five years, just to maintain the current level of services. 

The county must close the deficit before adopting the spending plan for the new year, which begins July 1, because state law requires counties to pass balanced budgets. 

The gap, attributed to salary hikes, increased service demands and reduced funding, was disclosed Thursday by County Administrator Susan Muranishi at the first session of the county budget work group. The group, made up of county officials and representatives of labor and community groups, meets again Thursday. 

“We’re going to do everything we can to offer county services in an efficient and timely manner,” said Supervisor Keith Carson, chairman of the budget committee.  


SFPD reaches out to Hunter’s Point

Monday April 15, 2002

SAN FRANCISCO — After complaints of brutality, San Francisco police are reaching out to residents of Bayview-Hunters Point, a predominantly black neighborhood. 

Two dozen residents and 12 officers held hands recently in the Milton Meyer Recreation Center community room.Neighbors and police bowed their heads as one participant, 25-year-old security guard Tenisha Bishop, asked God for help. “There is pain here,” Bishop said. “There is hate here. Remove it now in the name of Jesus.” The neighborhood has endured many gang-related killings of young black males in the past two years, and hand-holding with police was likely a first. 

War Tax Resisters renew call to divert cash

By Paul Glader, The Associated Press
Monday April 15, 2002

IRS seeks to increase penalties for what they deem “frivolous arguments” 


\With tax day approaching, Susan Quinlan hasn’t filed her form 1040 yet and she doesn’t plan to. 

She’s been redirecting her taxes since 1983, when she watched defense spending rise under the Reagan administration. As an anti-war activist, volunteer teacher and single mother of two on a low income, Quinlan objects to paying taxes that fund the nation’s defense budget. 

Quinlan isn’t alone in fending off the Internal Revenue Service. War tax resistance groups exist in nearly every state including California, Missouri and New York. 

“We’re upset that our tax money is funding militarism,” said Larry Harper, a tax resister from Sebastopol. 

Most of the 10,000 or so conscientious tax resisters nationwide send letters to the IRS each year explaining that they are withholding their cash and putting the money into a fund, where it earns interest. Then they donate that interest to what they deem life-affirming, peaceful causes. 

“This is not tax evasion,” said Bill Ramsey of St. Louis, a spokesman for the National War Tax Resistance Coordinating Committee. “This is tax refusal and redirection. It’s a public act and an act of conscience.” 

Critics, however, say war tax resisters face no scrutiny to ensure they divert money to peaceful causes and they could take advantage of charity tax credits, already part of the tax system. They also say resisters are selfish because they benefit from government services funded by citizens who do pay taxes. 

“The vast majority of salaried employees file and pay voluntarily,” IRS spokesman Anthony Burke said. “Most Americans I think are law abiding and honest citizens.” 

Quinlan and Harper led a workshop on Friday in Berkeley to recruit new tax resisters. In this war room — or “anti-war room” — they dispensed brochures, information and support to 15 rookies. 

Quinlan said interest in war tax resistance has been piqued since the beginning of the year because of the War in Afghanistan and increased defense spending. The movement started after the Vietnam War and rose again during the Persian Gulf War. 

“I wondered after Sept. 11, if we’d be deluged with people,” Quinlan said. “We weren’t initially. But we are seeing more now.” 

Instead of putting a check in the mail Monday, Quinlan and other Northern California war resisters will have a party and present contributions to alternative charities with $10,000 from interest earned on their diverted tax endowment, which they call the People’s Life Fund. 

Ramsey and 50 resisters in St. Louis have purchased $10,000 in medical equipment to ship to Afghanistan. Outside the IRS office in St. Louis on Monday, they will present the equipment to nurses who will take the supplies to Afghanistan. 

Nearly 29 alternative funds across the country will use $100,000 in interest this year to make grants to battered women’s shelters, homeless programs and AIDS prevention. 

Some conscientious objectors live frugally, work part-time jobs and keep income below certain levels to avoid paying taxes completely. Some refuse to pay any federal taxes, while others send about half of what they owe, figuring that military spending for national defense and veterans benefits makes up half the federal budget. 

David R. Henderson, an economist and fellow at the Hoover Institution at Stanford University, says nearly 20 cents of every tax dollar, or 22 percent of the federal budget, goes to military spending. 

“Bless them for doing it,” Henderson says of the resisters. “I don’t do it because I don’t want to go to prison.” 

Like other Americans who refuse to pay taxes for other reasons, war tax resisters believe they are a wily opponent of the bureaucratic behemoth. 

“The IRS likes people to think they are omniscient and will come after you if you don’t pay,” Harper said. “The reality is they don’t.” 

Harper said the IRS took $1,200 from his bank account the first time he resisted in 1982 and has left him alone ever since. Others say the IRS regularly takes money out of their bank accounts and garnishees their wages. 

The IRS sees resisters as tax cheats. Resisters are subject to $500 fines for making “frivolous arguments,” with additional penalties between 25 and 50 percent on the taxes they owe. They can face property liens, garnisheed wages, ruined credit ratings and as much as $100,000 in fines and five years in jail. 

IRS Commissioner Charles Rossotti is urging Congress to pass a measure that would increase the current “frivolous submission” fine from $500 to $5,000. 

Homeless man slain at San Jose encampment

The Associated Press
Monday April 15, 2002

.Scene of crime near residential neighborhood 


SAN JOSE — San Jose police found the body of a homeless man who had been beaten to death floating in Los Gatos Creek near downtown. 

The man was described as Latino and in his 30s. He had reportedly been living in the homeless encampment there. 

Police say there was a fight involving several weapons. Another man was also attacked, but he was fine, said San Jose police Sgt. Steve Dixon. 

A family called police Sunday around 4 a.m. after hearing someone banging on the side of their house. It turned out to be the second man who was attacked. He led police down to the dead man. 

Homicides are fairly rare in San Jose’s homeless encampments. The encampment where the man was found is near a neighborhood of warehouses and single-family homes. 

Governor’s model zoning plan worries growth establishment

By Jim Wasserman, Associated Press Writer
Monday April 15, 2002

Local municipalities, real estate and building industries say “smart growth” depends too much on state control over how cities grow 


SACRAMENTO – Alarming California’s pro-growth establishment, Gov. Gray Davis is pushing a bill that would give state government significant new power within two years over how and where its cities grow. 

The bill would produce a model California zoning ordinance by January 2004, and reward cities and counties that incorporate a new state vision of land-use planning. Supporters call it the governor’s most significant move toward so-called “smart growth,” and a step toward reassuming California’s national leadership role in growth management. 

But local municipalities, as well as the real estate and building industries, view the bill as a loss of local control, one that would force cities and counties to bow to a powerful state bureaucracy. 

It’s also the first major land-use initiative in years by the Governor’s Office of Planning and Research (OPR), California growth watchers say. 

To succeed, Davis will have to use all of his political capital to withstand the onslaught of opposition from builders and allies during an election year, said Bill Fulton, head of the Ventura-based Solimar Research Group. 

“I don’t see this bill being passed or successfully implemented unless Gov. Davis is willing to do that,” he says. 

While Davis studiously avoids the term “smart growth,” the advocates of the concept of more urban growth and less in suburbs are thrilled. 

“We’re very happy to see the governor entering this arena,” says Tim Frank, head of the Sierra Club’s national campaign against sprawl. “The smart growth movement has shown itself to be a mainstream movement with broad appeal, and I think the governor recognizes that.” 

The bill, SB1521 carried by Sen. Sheila Kuehl, D-Santa Monica, aims to write a model growth blueprint that promotes more development in existing cities, more buildings that mix housing, offices and shops, more development near transit lines and a bigger range of housing options. The result in the nation’s fastest-growing and most car-clogged state could be less growth spreading onto vacant land. 

It will have its first hearing in the Senate Local Government Committee on April 24. 

Because California is “one of the fastest growing states in the country,” Davis spokesman Steve Maviglio says, “it makes sense to meet demands for housing and preserve open space.” 

Scott Farris, spokesman for OPR, says the bill stems from numerous forums the agency held last year with local planning officials and others interested in development. 

While many states have model ordinances to guide how their cities and counties grow, California would be the first to link state goals to financial rewards, says American Planning Association senior researcher Stuart Meck. Local governments that implement the state’s ideas of good growth would have a much improved chance of landing state grants for highways, transit, sewage plants, libraries and park land. 

The California Infrastructure and Economic Development Bank, part of the state’s Technology, Trade and Commerce Agency, already gives priority to infrastructure projects that help rebuild older neighborhoods and promote transit ridership. 

Maviglio acknowledges the opposition’s fear of losing control, saying, “There seems to be a sense it’s a mandate when it’s not. This is designed to encourage them to do it.” 

Such talk riles opponents, largely the state’s powerful growth-industry alliance. The California Association of Realtors contends that using state grants as zoning incentives puts local governments in a “hostage” situation. 

Because cities “are so desperate for money,” said League of California Cities legislative director Daniel Carrigg, municipalities will have to do the state’s bidding. 

“These competitive grant programs are really cutthroat right now,” Carrigg says. 

Carrigg and other opponents maintain that city council members and county supervisors are the best judges of how their regions grow. 

In California, local elected officials vote on where to locate shopping centers, decide the number of homes per acre in a subdivision and even the height of front-yard fences. They also craft 20-year “General Plans” that dictate whether a city will grow up or out, whether it will encourage apartments above stores, where to build schools and how much farmland it will put under pavement. 

In letters to Kuehl, their representatives state fears of making OPR a “superagency that micromanages local issues.” 

“OPR’s mission in statute is to provide localities with assistance and advice,” says Richard Lyon, senior legislative advocate for the California Building Industry Association. “It should not be in the business of micro-analyzing local development standards or zoning ordinances.” 

Opposing groups say the state’s control over housing gives them little confidence. Dictates from the state’s Housing and Community Development Department, telling cities and counties how much housing to build for 600,000 new California residents every year, have sowed fights, lawsuits and confusion. Legislation to address the issues is also bogged down in conflicts. 

Opponents hope, as the governor’s model zoning ordinance winds through the Legislature, to make it simply “advisory.” 

But Davis has history in his corner. States such as Maryland, Oregon and Washington have pushed topdown approaches to development. Oregon and Washington placed growth boundaries around their cities to force compact development and save farmland. Maryland refuses to pay for highways and sewers outside its designated urban growth areas. 

“California is a state in which there are really very few land-use directives that come from the state for local government,” says the APA’s Meck. The APA’s California chapter, consisting of 5,000 urban planners, citizens and government officials, is supporting the bill’s concept, calling it “an excellent first step.”

Officials resigned to state’s explosive plan to kill fish

By Don Thompson, The Associated Press
Monday April 15, 2002

Plumas County officials say Lake Davis must be blasted to get rid of foriegn breed of northern pike 


SACRAMENTO – No one particularly likes the state’s plan to crisscross scenic, mountain-rimmed Lake Davis with explosives in order to save it. 

But officials in Plumas County say that’s a lot better than poisoning the Sierra Nevada reservoir, as the state Department of Fish and Game did a few years ago in a futile effort to eradicate voracious foreign northern pike that are eating the local trout. 

The department plans to lay 1,000 feet of detonation cord around an acre of the lake northeast of Sacramento April 24, weather permitting, then light the fuse. 

There won’t be fish flying through the air, said spokesman Steve Martarano, but “it’ll still have pretty good bang for the buck.” 

Pressure from the underwater explosion will kill nearby fish and amphibians of all kinds. If it works, the department wants to blow up 10 acres at a time, as many as 15 more times over the next two years, aiming for the shallows where little pike grow into big toothy pike. 

“We’re optimistic, in a strange sort of way,” said Portola Mayor Bill Powers. This, even though “rumors abound that the det cord itself will contaminate the entire drinking water supply or that it might even contaminate the air somehow.” 

State officials have been careful this time to publicly address those concerns. For instance, a government scientist told residents the pollutants in the thousand feet of clothesline-like explosive cord are about the same as if a 12-ounce beer can full of gasoline was poured into the more than 4,000-acre lake, Powers said. 

The test shot is to make sure there are no lasting environmental effects, said Martarano. Water and air samples will be taken, the dead fish will be counted and each dead trout quickly replaced with two catchable-size hatchery trout. 

The response has been far better than when the department dumped 50,000 pounds of the chemical rotenone into the lake in 1997, killing most animal life — but not the resilient pike population. 

For a time, signs in restaurants warned that Fish and Game employees weren’t welcome. Portola’s school children were bused into Sacramento to protest at the state Capitol. 

The poisoning cost $2 million, and residents and local governments won $9.2 million in reparations from the state. Nearby wells still are being monitored to make sure the chemical doesn’t show up in residents’ drinking water. 

State officials learned their lesson, said former county supervisor Fran Roudebush, who chairs the public Lake Davis Coalition as well as the Lake Davis Steering Committee made up of federal, state and local officials. 

The department opened an office in Portola and staffed it with four professionals, including Powers’ wife, Lori, a longtime resident. 

“They live among us, the children go to school here, they’re buying homes here,” said Roudebush. “It makes a huge difference.” 

Not to say there hasn’t been more controversy, particularly over the Plumas County Board of Supervisors’ secret proposal last fall to the state Department of Water Resources to drain the lake and sell the water. 

County Supervisor B.J. Pearson said the state will eventually have no choice but to drain down the lake, then poison the remaining water to eradicate the pike. The state can’t possibly detonate enough explosives fast enough to keep up with the burgeoning pike population, he said. 

“It won’t even slow the pike down,” Pearson said of the department’s efforts. “It’s a joke — Fish and Game’s just up here treading water.” 

But residents at a public hearing in February denounced Pearson’s proposal to drain the lake as both impractical and devastating to the region’s tourism economy. An assemblyman who had planned to offer the idea in legislation dropped it, and state officials quickly distanced themselves. 

“We’ve had some really wild ideas — like we’re going to channel lightning into the lake. We’re not sure if God was in on that plan,” said Powers. “Every scenario we’ve had has had some nightmares attached to it.” 

The pike were discovered illegally planted in the lake in 1994, and are California’s only population of the Midwestern fish. 

Since then, residents tried to fish out the pike, a lost cause given that they reproduce at what Martarano called “an amazing rate” — 10,000 eggs per pound of fish. Fish and Game hired nine seasonal employees and a commercial fishing boat last summer to catch the fish with electric probes and an assortment of nets. They snagged 6,358 pike. 

The state is spending more than $500,000 a year on pike control efforts, including an estimated $200,000 on the latest plan. 

The big fear is that the pike will escape downstream, devastating endangered salmon populations throughout the Sacramento-San Joaquin Delta and its contributing watersheds across Northern California. 

Detonation cord was previously used in California to kill fish threatening salmon in the Eel River on the North Coast. But Fish and Game officials harbor no hope that it will be enough to kill every pike in Lake Davis. 

“Short of a magic bullet ... there’s nothing that’s going to wipe them all out,” said Martarano. “We’re really trying to control and contain and make sure they don’t get out of the lake.”

Two men attack each other with baseball bats at Little League

The Associated Press
Monday April 15, 2002

TULELAKE – Two men arguing about Little League wound up in the hospital after slugging each other with a baseball bat, and each now faces felony assault charges, police said Saturday. 

Gary Fensler, 39, of Tulelake and Bill Burrier, 37, of Newell will face charges of assault with a deadly weapon, and Fensler will face an additional battery charge, said Sgt. Craig Dilley of the Siskiyou County Sheriff’s Office. 

The argument erupted after Fensler showed up at Burrier’s work Friday to protest the shifting of players to various Little League teams in the area so that all batters would hit the ball from pitchers instead of off tees, according to league leaders. 

Burrier was Tulelake’s Little League president, and both men have children who play baseball. 

Fensler allegedly punched Burrier in the face with his fist. Burrier then allegedly went to his pickup truck, grabbed a baseball bat and hit Fensler. The two struggled and Fensler eventually grabbed the bat and struck Burrier, witnesses told police. 

Both men were treated and released from Merle West Medical Center. Fensler suffered a broken jaw in the scuffle, said his mother, Frances Fensler. 

Both men quit Little League at a board of directors meeting Friday night. Burrier was replaced as president by Will Baley.

Local committee wants to bring 2012 Olympics to Bay Area

By Paul Glader, Associated Press Writer
Monday April 15, 2002

UC Berkeley venues among facilities under consideration; supporters claim Games would bring about $7.4 billion, new housing and better public transportation to region 



SAN FRANCISCO – Anne Cribbs has no trouble convincing people that hosting the 2012 Olympic Games would be a good thing for the San Francisco Bay Area. 

The games would bring about $7.4 billion to the Bay Area, not to mention new housing, improved public transportation and global recognition and tourism. 

And a recent poll found that 84 percent of Bay Area residents support the quest. 

But getting people to believe it’s a likely possibility — after the Atlanta Games in 1996 and Salt Lake City winter games this year — is another matter for Cribbs, the chief executive officer of the Bay Area Sports Organizing Committee, the nonprofit organizer of San Francisco’s bid. 

Cribbs, who won a gold medal as a 15-year-old swimmer in the 400-meter medley at the 1960 Olympics in Rome, compared an Olympic bid to competitions where outcomes are determined by performance and spirit. 

“It’s kind of like a race,” she said. “You need to stay in the race and do your best because you can’t predict what will happen.” 

Four finalists remain in the campaign to win the U.S. Olympic Committee’s nomination as the U.S. bid city: Washington, New York, Houston and San Francisco. The committee will visit the four bid cities this summer and make a decision Nov. 2. 

Local supporters will host a news conference Wednesday with several Olympic athletes, including sprinter Michael Johnson, to unveil a new logo and financial details of its campaign. 

The local committee’s small staff works out of a simple office in Palo Alto and has spent three years building bridges between leaders of Bay Area cities, businesses and athletes. 

The committee also boasts 115 people on its board including numerous past and present Olympians, including swimmer Matt Biondi, runner Billy Mills and figure skater Kristi Yamaguchi. 

Board members say nearly 400 past and present Olympians live in the Bay Area. Venue planners have consulted athletes to find out exactly what kind of facilities athletes want. 

Last week, the committee released a 300-page addendum to its 700-page bid, showing that 92 percent of the competition sites will be within 32 miles of the proposed Olympic village at Moffett Field near Mountain View. 

Most of the nearly 50 Olympic events would take place in San Francisco, Berkeley, San Jose, Stanford, Oakland, Sacramento. Venues in Napa Valley, Monterey and Los Angeles also would host single events. 

Cribbs said 80 percent of the venues already exist, but would need to be refurbished. 

Although Washington and New York have better subway systems, local organizers said the planned expansions of Bay Area Rapid Transit lines to San Jose and to airports in Oakland and San Francisco will be in place by 2012. 

The group made a bid in 1987-1988 for the 1996 games, which eventually went to Atlanta. The Bay Area made it to the Olympic Committee’s final four that year but didn’t have widespread support, bid director Bob Stiles said. 

San Francisco also made a bid for the 1968 games that went to Mexico City. 

If San Francisco is chosen as the U.S. bid city, it would face competitors like Toronto, Rome and Paris in the next selection phase. The International Olympic Committee makes the next choice in 2005. 

Toronto could be a heavy favorite, since it narrowly missed being selected for the 2008 games, which will be held in Beijing. 

However, U.S. Olympic Committee spokesman Mike Moran said it’s not out of the question for a U.S. city to land the games in 2012, especially given the stellar operations at Salt Lake City this year. 

“While Atlanta was a successful games, there was a worldwide perception that there was too much commercialism and other critiques involving technology and transportation,” Moran said. 

He described the Salt Lake City games as “flawless” and “impeccable” in operation, restoring a good reputation to the United States. 

With familiar icons like cable cars and the Golden Gate Bridge, local leaders believe the city’s charm is their greatest asset. 

“We are a place the world truly loves to visit,” Stiles said. “We are a world city. We are a Paris city of the United States and we are the most Asian city and diverse city in the United States.”

Tribes want consideration as visitors see explorers’ journey

The Associated Press
Monday April 15, 2002

LEWISTON, Idaho – The tribes along the route of Lewis and Clark’s expedition to the Pacific Ocean 200 years ago want the upcoming commemoration to be accurate, considerate and develop relationships that will last. 

“It’s not going to be easy,” said Bobbie Conner of the Confederated Tribes of the Umatilla. “It’s going to be hard, but it’s worth doing because it’s the right thing to do.” 

She is western co-chairwoman of the circle of tribal advisers to the National Council of the Lewis and Clark Bicentennial, which held a planning workshop in Lewiston. 

More than 130 representatives of 58 tribes gathered in Lewiston for five days last week for a final planning conference for the Lewis and Clark Bicentennial Commemoration of 2003-2006. 

The tribes are joining in the planning, saying the whole story has not been told. 

Their views of the Lewis and Clark Expedition sees it as the beginning of the end of the freedom for thousands of Indians who lost their lands, independence and many of their traditions to the white men who followed. 

“I have always said, and my staff has always said, this is first and foremost an American Indian story,” said Gerard Baker, superintendent of the Lewis and Clark Trail with the National Park Service. 

“The one aspect that has been left out is the Indians telling their own story,” said Baker, a member of the Mandan-Hidatsa tribes. 

The tribes have sought and received assurances from the national council that their side of the story will be told and that potentially several million dollars will be made available to help them out. However most of the money for the commemoration has yet to be raised. 

The council selected the 15 signature events to highlight significant points in the Corps of Discovery’s trip. They will be held at places along the trail from 2003 to 2006. 

The council hopes to raise $250,000 for each event plus an additional $250,000 for the tribes in each region to tell their stories. 

Another goal will be preserving natural resources and sacred sites. Tribal members will not tolerate being a part of something that brings more harm to the environment, Conner said. 

Horace Axtell, a Nez Perce tribal elder, sang and prayed in a Friday ceremony to restore some of the sanctity of the Smoking Place. That site, which Lewis and Clark visited, is sacred to the Nez Perce as a meeting place. 

But last fall vandals tumbled three rock cairns over a cliff. 

If a tribe’s name is going to be mentioned in promotional materials, the tribe should be consulted when the documents are still in draft form, Conner said. Events need to begin with a prayer offered by the tribe that lives in the region. 

Relationships between the participants should last long past 2006 when the bicentennial ends, said Conner, who lives near Pendleton, Ore. “In most of our homelands we continue to experience racism.” 

Michelle Bussard, executive director of the council, said her group backs Conner’s message and will be monitoring the events to be sure they follow the “principles of involvement.” 

In an age when public efforts such as the 1992 quadricentennial celebration of Columbus brought accusations of conquest and cultural genocide, some were surprised at the tribes’ participation in the conference. 

“This is the result of four years of working with the tribes,” said Bussard, whose headquarters are at Portland’s Lewis and Clark College. 

Tim Mentz of the Standing Rock Sioux said he is worried that the bicentennial will accelerate a trend to vandalism and unauthorized digging. 

He is preservation officer for his reservation, which straddles North Dakota and South Dakota. He is the only person monitoring some 600 archaeological sites in the area. 

One Lewis and Clark campsite on the reservation already has been plundered, he said. 

“I’m not hearing how we are going to protect these sites,” Mentz said. “How are we going to push this to a national issue?’ He said the tribes need to make it clear “that we are not archaeological specimens.”

Congressional Wine Caucus raises glasses from all states

By Mark Sherman, The Associated Press
Monday April 15, 2002

Already one of the largest, caucus’s membership is still growing fast 


WASHINGTON – Labels are everything when this group of lawmakers gets together. Not conservative and liberal, but cabernet, chardonnay and merlot. 

The Congressional Wine Caucus, which numbers 206 representatives and senators, is among the largest in the Capitol. Well-known wine-producing states such as California, New York, Oregon and Washington are, of course, well represented. But so are Michigan, Vermont and Alaska. 

Alaska? Sure. The 49th state produces wines from berries, rhubarb and vegetables. 

In fact, every state has at least one winery among the roughly 2,000 in the United States, says Bill Nelson, vice president of the American Vintners Association. 

But the lure of the caucus is often simpler than that. 

“How many people do you know that don’t like wine?” asked Rep. George Radanovich, R-Calif, a vineyard owner who is caucus co-chairman. 

Every special interest group on Capitol Hill has its receptions and many feature educational trips to warm-weather spots. But in the Wine Caucus, tasting the subject matter evidently is the best way to get to know it. 

“Remember, anything in moderation,” advised Rep. Mike Thompson, D-Calif., the other co-chairman whose Northern California district includes many vineyards. 

At a recent Wine Caucus event, the aphorisms and biblical quotes about wine were as plentiful as the product: Drink wine for what ails you. The waters of the world separate us, but the wines of the world bring us together. 

Radanovich and Thompson reconstituted the Wine Caucus in 1999 to lobby colleagues on wine-related issues — against limits on Internet and mail-order sales, for more money to fight diseases that attack vines and market U.S. wines abroad. 

An earlier, smaller version of the caucus existed in the 1980s, when it was led by then-Sen. Pete Wilson, R-Calif. But it faded away in the 1990s. 

Membership climbed quickly from 75 three years ago because of the proliferation of wineries across the country, Nelson said. 

The wine itself may be a friendly way to get someone’s attention, but the topic is serious business in California, where $33 billion a year and 145,000 jobs flow from wine production, according to the Wine Institute, the California wine industry’s advocacy organization. 

Radanovich and Thompson will travel next month to Brussels, Belgium, and London at taxpayer expense to meet with counterparts in the European Parliament and discuss the United States’ new wine-based alliance with Australia, Canada, Chile and New Zealand. 

But any reason will do to join the Wine Caucus, which receives no government money and also sponsors fund-raising dinners for the Children’s Hospital in Washington. 

Thompson is two states shy — Idaho and Nebraska — of his goal of having all 50 states in the caucus. He persuaded the most recent addition, Rep. Bernie Sanders, I-Vt., by emphasizing that Vermont has wine lovers and good restaurants that serve fine wines, even if wine production is not important to the state. 

Rep. Don Young, R-Alaska, belongs to the caucus because of his long-standing opposition to taxes on alcohol and tobacco, press secretary Amy Inaba said. 

Sampling a red wine from Croatia at a reception to mark U.S.-Croatian friendship, Rep. Howard Coble, R-N.C., described the rapid growth of winemaking in his state. 

“I don’t believe I have one in my district, but I have wineries in counties contiguous to my district and that’s why I joined,” Coble said. 

The Californians who run the Wine Caucus disagree more often than not in Congress, but their partisan differences end at the vineyard’s edge. 

At the Croatian wine tasting, Radanovich, son of Croatian immigrants, proposed recognizing Thompson as an honorary Croat. 

Said Thompson, “I’ll drink to that.”

Andersen scandal triggers California reform legislation

By Don Thompson The Associated Press
Monday April 15, 2002

Proposed legislation would require corporations to change auditing firms every four years 


SACRAMENTO – Corporations would be required to change auditing firms every four years, under legislation to be proposed Monday by key California lawmakers in response to the Enron and Arthur Andersen accounting scandals. 

The measures also would restrict consulting work by auditing firms. Critics say the firms’ dual role as consultants can create conflicts of interest for auditors who are supposed to maintain their objectivity. 

Lawmakers touted their bills as consumer protection legislation needed to restore investor confidence. They said California investors need better information and protections to make wise decisions. 

“Our goal is very simple: re-establish credibility to the auditing process,” said Assemblyman Lou Correa, D-Anaheim, chairman of the Business and Professions Committee. “We’re talking about the credibility of our financial system.” 

There’s no doubt the profession’s credibility is in question, agreed Mike Ueltzen, past president of the California Society of Certified Public Accountants. But Ueltzen, who chairs CalCPA’s government affairs committee, said corporations, stock analysts and regulators also are to blame. 

Most of the proposed bills are unnecessary or should be handled nationally instead of creating piecemeal regulations in 50 states, Ueltzen said. 

Correa said California can be a national leader while state and federal regulators spend their time “pointing fingers everywhere as to where the problem lies.” It’s not uncommon for businesses to face both state and federal rules, he said. 

“We can’t count on the federal government to do anything,” said Dan Jacobson, legislative advocate for CalPIRG, the California Public Interest Research Group. CalPIRG backed the legislation with eight pages of recommendations, concluding that “the lack of auditor independence can lead to catastrophic consequences for investors and the markets.” 

Correa and Senate Business and Professions Committee Chair Liz Figueroa, D-Fremont, are among lawmakers who plan to introduce the legislative package Monday, Tax Day. 

Figueroa’s bill would also give the state’s Board of Accountancy new monitoring and enforcement powers. “We have to make sure we don’t have accountants who take advantage of us,” she said, though she said that appears to be rare. 

Accountants support peer review to prevent abuses, said Ueltzen. They oppose the four-year limit and consulting bans as unnecessary because auditors don’t uniformly have conflicts of interest. Accounting firms, should, however, be barred from auditing their own consulting work, he said. 

Enron employed many former Andersen accountants, CalPIRG noted, and paid Andersen more for its consulting services than it did for its audits. 

Other proposed legislation would require accountants to keep audit working papers for seven years, and bar accountants from taking jobs with former clients for two years after leaving their accounting firms. The restrictions would apply only to auditors registered in California, which Ueltzen said creates jurisdictional problems. 

Enron filed for bankruptcy in December amid an accounting scandal that undermined stockholder confidence. Enron and its auditor, Arthur Andersen, face myriad lawsuits and investigations that endanger the companies’ futures.

Report: State sets aside seven death sentences for every one carried out

The Associated Press
Monday April 15, 2002

SAN JOSE – In a state that touts itself as a national model in resources in legal protections for death penalty defendants, seven death sentences are set aside for every one carried out, according to a newspaper’s review. 

Death sentences imposed in California end up getting overturned for a variety of reasons including prosecutorial misconduct and judicial error, the San Jose Mercury News reported Sunday. 

Also, the state Supreme Court, one of the nation’s most pro-death penalty high courts, applies a different standard than federal courts, resulting in reversals at the much-later federal level, decades after the crime. 

The newspaper’s review of hundreds of cases found that in cases involving the murder of children, police officers, college students and the elderly, appeal courts reviewing death sentences are repeatedly finding incompetent lawyers, prosecutorial misconduct and judicial errors. 

The Mercury News examined 72 cases reversed by state and federal courts since 1987 and 150 appeals now pending in the federal courts. It excluded 64 death sentences overturned by the state Supreme Court under Chief Justice Rose Bird from 1978 to 1986, a period in which just four death sentences were affirmed and no executions took place. 

The review also found: 

— California typically spends much more money on capital cases than most states, but the dozens of death sentences reversed since 1987 involved trials marred by the same types of problems found in states known for spending less on capital cases. 

— California hasn’t taken corrective actions that other states have. For example, it hasn’t set minimum statewide standards for the qualifications of defense lawyers appointed to death-penalty trials. The result has been an inconsistent county-by-county system of appointing lawyers. 

— The main issue in reversals is whether a defendant deserves to be put to death, rather than guilt or innocence. About two-thirds of reversals overturn only the death sentence, not the conviction. The review of 150 cases pending before federal courts found only a few in which inmates contend they were wrongfully convicted. 

— California’s Supreme Court is in greater conflict with federal courts than any other state’s. The state court, one of the most conservative in the nation, reverses 10 percent of death sentences, one of the lowest rates in the country. But federal courts have reversed 62 percent of the sentences affirmed by the California court, the highest rate nationally. 

The high rate of reversal has profound consequences for the future of the death penalty in California, which has more than 600 inmates on death row, by far the most in the country. 

With the state carrying out only 10 executions since voters restored the death penalty in 1978, even some long-time capital punishment supporters are asking whether it should be abandoned. 

“The whole thing is a mess,” said former state Supreme Court Justice Edward Panelli, a conservative who voted to affirm most death sentences he reviewed. “It wouldn’t hurt me at all if they just changed the law.” 

Prosecutors, groups that back capital punishment and many judges, including California’s chief justice, defend the system, saying the reversal rate simply reflects the close scrutiny given to the state’s death judgments.

DNA chips lead revolution in medicine

By Paul Elias, The Associated Press
Monday April 15, 2002

Researchers trying to grow human organs 


SAN FRANCISCO – Steven Potter is attempting to grow kidneys in his laboratory in hopes of someday saving the lives of patients who now die awaiting organ transplants. 

He’s a long way from achieving his goal. But dime-sized pieces of glass infused with a million human DNA fragments are helping him get there faster than he ever could have imagined. 

They’re called DNA chips and an increasing number of researchers couldn’t do without them in their work developing new drugs and improving on disease diagnosis and prediction. 

Even agricultural scientists use them in their research with plants and animals. 

“It’s been a major technological breakthrough in biology,” said Potter, a pediatrics professor at Cincinnati Children’s Hospital Medical Center. “I think ’revolutionized’ is the proper word.” 

Potter is attempting to understand how humans develop from a single cell and is studying genes that control how and where organs and other body parts develop. 

Until DNA chips came into vogue about five years ago, genetic scientists slogged slowly through their research, often investigating one gene at a time. Now they can analyze thousands of genes simultaneously. 

The most popular chip is made by Santa Clara-based Affymetrix, which sells about 80 percent of commercially available chips. 

The company uses the human genome available free on the Internet as a blueprint for its chips, which are technically known as microarrays. 

Employing semiconductor manufacturing technology, workers “print” genes one layer, or molecule, at a time onto the glass until they stand up like microscopic skyscrapers, each about 25 molecules high. 

Researchers then drop fluorescently tagged RNA, which serves as the go-between between DNA blueprints and a cell’s protein-making machinery, onto the chips. 

The portion of a chip on which genes interact with the RNA will be fluorescent, enabling computers to easily isolate it for scientists. 

Scientists believe many diseases are caused by genes “turning on” when they shouldn’t. Knowing this, researchers can design drugs to attack suspect genes. This drug discovery is the primary use for the chips today. 

The chips are also giving researchers insight into how illnesses such as cancer develop. What researchers are finding is that diseases affect people in different ways. 

Researchers are finding increasing proof that cancer is an individualized disease, with many different subtypes, identifiable only by their molecular fingerprints. 

This will ultimately lead to more sophisticated treatments for cancer and other diseases, said Dietrich Stephan, an assistant professor of pediatrics at Children’s National Medical Center in Washington D.C. 

That is expected to foster less reliance on chemotherapy as less harmful, more targeted therapies are developed. 

Some envision a day when a doctor, armed with a handheld computer, will be able to make an instant disease diagnosis. But for now, analyzing DNA chips takes at least several hours and hundreds of thousands of dollars worth of computer equipment and software. 

DNA chips are daily getting smaller, cheaper and more powerful — as are the machines and software used to decipher them. 

Four years ago, chip makers could fit about 5,000 genes onto a chip for a cost about $3,000 each. Today, chips costs about $400 each and accommodate three times the genes. 

Affymetrix recently began shipping a two-chip combination that contains the entire human genome. Last year, the company shipped 280,000 chips, and with only one major competitor — Agilent Technologies — analysts expect Affymetrix to ship even more chips this year. 

Analysts at Frost & Sullivan predict the market for DNA chips will grow from $874 million last year to $2.6 billion by 2004. 

But as the technology gets better and the market for the chips grow, so do ethical questions. 

Because the chips can to screen adults for predisposition to certain genetic diseases, such questions loom large. 

There are concerns insurance companies and employers might use the information they provide to discriminate against people found to possess certain genetic defects or predilections. 

DNA chips also raise the specter of aborting embryos deemed to have unwanted traits by the parents. 

The concern is that someday soon parents will be able to test embryos for genetic traits that will appear after birth ranging from proclivities to develop certain diseases to intelligence quotients to eye color — and make birth decisions based on results derived from gene chips. 

“This adds fuel to the whole abortion debate,” said Erin Williams, executive director of the Foundation for Genetic Medicine, in Manassas, Va., a think tank that deals with ethical issues. 

“We’re not there yet,” Williams said. “But we’re getting closer everyday. It’s a very powerful tool.”

Silicon Valley companies report $89.8 billion loss

The Associated Press
Monday April 15, 2002

SAN JOSE – The Silicon Valley’s biggest companies lost more money last year than they earned in the previous eight years combined, according to a newspaper report. 

“There’s not a sector, at least in recent memory, that has collapsed like this,” said Donald Strazsheim, former chief economist at Merrill Lynch. 

The San Jose Mercury News’ annual survey of the 150 largest publicly held companies in the Silicon Valley shed new light on the worst year in the area’s recent history. 

The companies lost a combined $89.8 billion in 2001. Sales plummeted by $55 billion, the first time revenues failed to grow since the survey began in 1985, and 96 of the companies lost money. 

As orders for computers, software and Internet equipment vanished, companies canceled long-term projects, laid off employees and left millions of square feet of office space idle. 

The year’s winners were non-tech companies — especially real-estate companies, who reported the highest operating profit margins. 

Economists and accountants are now trying to figure out how much of the reported losses stem from weak business conditions and how much they reflect temporary but costly mistakes of the 1999-2000 technology bubble. 

Last year’s losses are stuffed with write-offs, restructurings and charges connected with errors such as paying too much for an acquisition. 

To sort out bad economic conditions from bad business decisions, the Mercury News examined the past 10-year history of the area’s top 150 companies from two points of view: net profits and profits from ongoing business operations alone. 

The comparison shows that tech companies were financially stronger last year than the reported losses suggest: Despite the huge collective loss, the top companies earned $8.3 billion in operating profits in 2001. 

The survey also shows that pressure on tech profits and a slowing growth rate had been squeezing companies throughout the late 1990s, well before the sharp drop

Storied San Francisco Cliff House gets 21st century makeover

By Paul Glader, The Associated Press
Monday April 15, 2002

SAN FRANCISCO – The Cliff House, a roadside restaurant that has long been one of the West Coast’s top tourist attractions, is about to get a major and long-needed facelift. 

Resolving a decade-long battle between architects, historic preservationists, federal bureaucrats and neighborhood groups, the blueprints have been finalized and construction begins this September. 

The $13.2 million redesign upholds a historic sense of place, while adding a modern aesthetic appeal to the complex, which will be smaller — 26,000 square feet to the current 40,000 — and nestled into the cliff. 

“We’re tucking the building into the hillside and pushing it down so it is somewhat understated,” said project architect Mark Hulbert. “Combining the old and the new is really, in a nutshell, what we are doing.” 

About 1.5 million diners visit the restaurant annually, generating gross revenue of $10.8 million last year for the Cliff House, one of the nation’s top 50 grossing restaurants. But the food is often a mere distraction; diners come mainly to drink in the dramatic ocean sky and gaze at Ocean Beach and the jagged Seal Rocks below. 

“When the waves hit the rocks on a stormy day it is so powerful and so daunting. I think people feel fortunate they have access to something like that,” said Carrie Strahan, Cliff House project manager for the Golden Gate National Recreation Area. 

Unfortunately, the existing building has never been considered a beauty — it was labeled a “concrete shoebox” soon after it was rebuilt in 1909 using material salvaged from the 1906 earthquake’s destruction. 

It was a drab replacement for the soaring Victorian hotels that had claimed the city’s northwestern corner since 1863. 

It’s also seriously in need of repair. As architects wrangled for years over the renovation plans, ocean saltwater ate away at the walls. 

Paint is peeling. The plumbing leaks. Carpets are stained and worn. 

“It’s an eyesore,” said Ralph Burgin, the restaurant manager, while looking at parts of the building. 

When it comes to access for the disabled, four waiters are summoned to hoist wheelchair-bound visitors up and down stairwells. 

For a while, National Park Service planners tried to get the building recognized on the register of historic places, believing the building warranted a rigid historic rendering, not a contemporary update. 

Local architects and neighborhood groups thought otherwise. 

“We saw the Cliff House as a living and dynamic institution that has, over its history, had several buildings and has adapted to changing times,” said Cheryl Arnold, president of the Coalition to Save Ocean Beach. 

After public criticism, park planners backed off the strict 1909 version and allowed for what local architect Bruce Bonacker calls “a more imaginative design.” 

“We did have to compromise and that’s OK,” Haller said. “We still retain much of the 1909 structure.” 

With $3.5 million in federal funding and $10 million from the restaurant’s owners, construction will begin in September, and last about two years. 

Crews will strip the gift shop and an upstairs dining room, ramshackle additions built in the 1950s. But the biggest change will be to the main dining room, which will lose seating space but gain a soaring, arched ceiling and other details reminiscent of the Sutro Baths, the ruins of which remain just north of the Cliff House. Walls of windows will open up the view of the Marin headlands on the northern side of the Golden Gate. 

“We are trying to make it blend, to rehabilitate the structure and reuse it in a way that is sensitive to its historic values but also allows for modern ongoing use,” said Steve Haller, an architectural historian with the GGNRA, the building’s landlord. 

The restaurant will remain open during renovations, which also include adding an elevator and handicapped access. 

Although some shops and the beloved Musee Mecanique arcade will move from the site, a giant, quirky camera machine called the Camera Obscura will remain where it stands on a concrete ledge beneath the restaurant. 

“Its vociferous fans felt it needed to stay there,” Haller said. 

When completed, the Cliff House will be a scaled-down 21st century update on a building that has changed with catastrophes and culture over time. The dramatic view will remain unchanged, of a place where land ends and the Pacific Ocean begins. 

Regulars like Jeff and Jane Allen are a little worried that the old-school, clubby atmosphere of one of their favorite restaurants will be lost. 

“I hope they always keep this,” Jeff Allen said, drinking in the view of the setting sun while sipping a scotch.



Architect Julia Morgan designed some of Berkeley’s most treasured buildings

By Susan Cerny Special to the Daily Planet
Saturday April 20, 2002

Julia Morgan was a remarkable woman and an exceptional architect. Not only was she the first woman to be admitted to the prestigious Ecole des Beaux Arts in Paris, she was also the architect of San Simeon, the fabulous "castle" built by William Randolph Hearst, near San Louis Obispo, which is now a state park.  

Born in Oakland in 1872, Morgan graduated with a degree in engineering from the University of California, Berkeley in 1894. Before moving to Paris in 1896, she worked for Bernard Maybeck. After two years of study she was accepted and entered the Ecole des Beaux Arts in 1898. In 1902, after gaining an Ecole certificate, she returned to California and worked in the office of John Galen Howard, the University of California, Berkeley architect.  

Shortly after receiving her state architects' certification in 1904, she opened an office in San Francisco with Ira Hoover and immediately began a forty-year career as an architect and would design more that 600 buildings and several building complexes such as San Simeon, Asilimar and Mills College. She died in 1957. 

Julia Morgan's early career coincided with the years of Berkeley's most rapid growth. With her early university connections she immediately had many clients who engaged her to design homes in Berkeley. In one small neighborhood alone, she designed approximately 20 houses and one church (Old St. John's,1908, now the Julia Morgan Cultural Center) between the years of 1905 and 1914 and most of them are still standing.  

On Sunday, May 5 the Berkeley Architectural Heritage Association will hold its annual house tour in a neighborhood just west of the former Schools of the Deaf and Blind, now Clark Kerr Campus, where several of these early Julia Morgan homes were built.  

The area, known as the Kearney Tract, was almost entirely built between 1904 and 1915 just after the electric streetcar line was opened along College Avenue. Among the 14 homes that will be open on May 5 two were designed by Julia Morgan, while others were designed by Clinton Day, Edward Seely, Stone & Smith, Joseph A. Leonard, William Wharff and F. E. Armstrong. Most are excellent examples of Berkeley's version of the American Arts and Crafts Movement. Usually sheathed in unpainted brown shingles, their Arts and Crafts interiors are noteworthy for their use of wood and attention to detail. 

For further information please call 841-2242.  


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

News of the Weird

The Associated Press
Friday April 19, 2002

Turkey attacks 

hunting videos 


BATAVIA, N.Y. — A turkey recently decided to take a turn as a critic, attacking movies in a video store — and taking particular aim at hunting videos. 

Nancy Arena arrived at her video store 30 miles east of Buffalo last week to find the front window smashed and feathers and movie cases scattered everywhere. 

She called police, and when the officer arrived at the store, he flushed a young tom turkey out of the science fiction section. 

An animal control officer eventually took the 12-pound bird away. 

Arena says the episode “was kind of weird” because the turkey bashed into the hunting videos first — and left some droppings on them. 

Spring is mating season for turkeys, and wildlife experts say the video-store crasher may have been looking for a feathered companion among the video displays. 


Firefighters marry one  

another in fire hall 


MCKEES ROCKS, Pa. — This wedding ceremony was hotter than most wedding nights. 

McKees Rocks firefighter Amy Connolly and Pittsburgh firefighter Victor Cushanick were married Tuesday night at Connolly’s fire hall in their “turn-out” gear — the protective clothing worn while fighting fires. 

Connolly’s only concession was to wear a veil instead of her helmet, and to carry a bouquet of flowers. The couple’s Dalmatian, Murphy, wore a black bow tie. 

“I just have to be different,” said Connolly, 32, who met Cushanick on the Internet several months ago while chatting about — what else — firefighting. “It’s something that we’re both into, and we wanted to do something that is memorable.” 

“Traditions are what you make of them,” said Cushanick, 34. 

About 100 people attended the wedding, about five miles south of Pittsburgh, including 24 McKees Rocks firefighters in dress uniforms. 

The groom’s mother, Julia Cushanick, was caught off guard by the wedding’s nontraditional theme. 

“All mothers would like their children to have a traditional wedding — but I understand,” she said. “As long as my son is happy, I am happy.” 


H, Miss. (AP) — Cigarette smokers who toss their butts out the car window might learn from the example of Mari Ann Sistrunk, who faces a $203 fine for littering. 

“I did it. I admit that. I just wasn’t thinking, and I threw the butt out the window,” she said. 

Sistrunk, 31, was driving home from work at a Wal-Mart on Monday morning when she discarded her cigarette. Olive Branch patrolman Adam McHann pulled her over. 

When she asked what the ticket would cost, McHann referred her to the number for the municipal court clerk. 

“I couldn’t believe it,” Sistrunk said. “The ticket was $203. Two hundred and three dollars for one cigarette butt. I could have been speeding. I could have hit someone. Anything like that, and the cost would have been lower.” 

McHann said his original intent was to warn Sistrunk not to throw butts out the window. 

“I tried to explain to her that the intersection of Bethel and U.S. 78 was the worst intersection in the city for litter, but she said throwing a cigarette butt out the window was not littering,” he said. 

In addition to the litter, McHann said grass fires are a threat at the intersection, where a construction project is under way. 


MADISON, Wis. (AP) — An annual Wisconsin tradition has been put out to pasture. 

Cows on the Concourse, which promotes the state’s dairy industry with livestock displays and dairy products during June Dairy Month, has been canceled, said Kelli Lamberty, Madison’s community events coordinator. 

She said the Dane County Dairy Promotion Committee didn’t have enough people to coordinate the event. 

“It would have been the 25th year so it’s very disappointing that they couldn’t do it,” Lamberty said. 

The event is traditionally held on the Capitol Square on the first Saturday in June in conjunction with the Farmers’ Market. Last year, live cows were replaced with life-size models because of concerns about foot-and-mouth disease. 

Lamberty said she didn’t know if the event would return. 

ROTC student with Arabic name detained by Air Force recruiters

Thursday April 18, 2002

LOS ANGELES — A 17-year-old Air Force ROTC student with an Arabic name has received an apology from the military after allegedly being handcuffed and interrogated by recruiters on campus. 

KCAL-TV reported Wednesday night that Hassan Ali Bahar, a student at George Washington Preparatory High School in Los Angeles, was detained by recruiters visiting the campus. 

He told the television station that flight simulators were brought to the school Friday and he wrote the words “Hassan Ali Bahar can’t be stopped” while he and another cadet were playing with the equipment. 

Two recruiters ordered him to put his hands behind his back, handcuffed him and took him outside for questioning, Hassan said, adding the recruiters told him what he wrote was like saying, “Osama bin Laden can’t be stopped.” 

Hassan said another cadet wrote the same words and he believes the recruiters singled him out because of his Arabic name. 

The Air Force in a statement said that it was aware of the incident and it was under investigation. 

KCAL-TV reported that the Air Force sent a representative to apologize to Hassan. The station also reported that the school has banned the Air Force from campus. 

“I was scared, I didn’t know what was going on. I didn’t know what anybody could do about it, what anybody could say,” said Hassan, a cadet captain who has been involved with ROTC since ninth grade. 

His mother, Tasha Holt, of Inglewood, was angered by her son’s treatment. 

“I feel like he was discriminated against and his civil rights were violated because of his name,” Holt said. “You can look at him and can tell he is African-American. He’s not of Arab descent or anything like that, I chose to give him an Arabic name because all of my children have Arabic names.” 

Claremont anti-Semite suspect sketched

Wednesday April 17, 2002

The Berkeley Police Department has released a sketch of a man who assaulted two Jewish men who were walking on Claremont Avenue earlier this month. 

Although the victims were dressed in orthodox Jewish clothing and the assault was mentioned in media reports that also referred to anti-Semitic scrawls found at a nearby temple, police say there's nothing to indicate that  

race played a factor in the assault. 

“We do not in any way classify this as a hate crime, based on the description that the victims provided to us,” said Sgt. Kay Lantow. “There was never any reference to race.” 

The incident happened early April 4. The victims were walking along the 2700 block of Claremont Avenue when the suspect approached and asked for a cigarette, Lantow said. 

As one of the men complied with the request, the suspect began punching him in the face. The other man tried to intervene, only to become the target of the attacker's punches. 

While the suspect continued to pummel his second victim, the first managed to get away and run for help. Meanwhile, the suspect continued to beat the second victim, demanding his belongings. 

After the attack, the suspect fled on foot with a man who had been waiting in the shadows. 

According to Lantow, the details of the beating and the circumstances in the case are similar to another post-midnight robbery that happened on the 3000 block of Shattuck Avenue on March 29, and police are looking into whether the assaults are related. 

The suspect is described a black man in his 20s, about 5 feet 8 inches and 160 pounds with a muscular build. At the time of the April 4 assault he was wearing a light-colored hooded jacket -- possibly tan or gray -- and his hair was cut short and styled in twists. 

Anyone with information is asked to contact the Berkeley Police Department's robbery unit at (510) 981-5742


The Associated Press
Tuesday April 16, 2002

Today is Tuesday, April 16, the 106th day of 2002. There are 259 days left in the year. 


Highlight in History  

On April 16, 1947, the French ship Grandcamp blew up at the harbor in Texas City, Texas; another ship, the Highflyer, exploded the following day. The blasts and resulting fires killed 576 people. 


On this date: 

In 1789, President-elect Washington left Mount Vernon, Va., for his inauguration in New York. 

In 1862, a bill ending slavery in the District of Columbia became law. 

In 1912, Harriet Quimby became the first woman to fly across the English Channel. 

In 1917, Vladimir Ilyich Lenin returned to Russia after exile. 

In 1935, the radio comedy “Fibber McGee and Molly” premiered on the NBC Blue Network. 

In 1945, in his first speech to Congress, President Truman pledged to carry out the war and peace policies of his late predecessor, Franklin D. Roosevelt. 

In 1945, U.S. troops reached Nuremberg, Germany, during the World War II. 

In 1947, financier and presidential confidant Bernard M. Baruch said in a speech at the South Carolina statehouse: “Let us not be deceived — we are today in the midst of a cold war.” 

In 1962, Walter Cronkite succeeded Douglas Edwards as anchorman of “The CBS Evening News.” 

In 1972, Apollo 16 blasted off on a voyage to the moon. 


Ten years ago: 

The House ethics committee listed 303 current and former lawmakers who had overdrawn their House bank accounts. 

Five years ago: Police in Israel recommended indicting Prime Minister Benjamin Netanyahu for breach of trust in an influence-trading scandal. (Prosecutors later decided not to pursue charges against Netanyahu, citing a lack of proof.) 


One year ago: 

Israel launched an air strike against a strategic Syrian radar station in Lebanon, killing three Syrian soldiers. The Oregonian of Portland won two Pulitzer Prizes, including public service for its examination of widespread abuses by the Immigration and Naturalization Service. In breaking news reporting, The Miami Herald won for its coverage of the pre-dawn raid by federal agents who took custody of Elian Gonzalez; the story also produced the breaking news photography award for Alan Diaz of The Associated Press. Michael Chabon won the Pulitzer Prize for his novel “The Amazing Adventures of Kavalier and Clay”; David Auburn won for his play “Proof.” Lee Bong-ju of South Korea won the 105th Boston Marathon. Catherine Ndereba of Kenya won the women’s race for the second consecutive year. 


Today’s Birthdays:  

Actor Les Tremayne is 89. Actor Barry Nelson is 82. Actor-director-author Peter Ustinov is 81. Actor Peter Mark Richman is 75. Actress-singer Edie Adams is 73. Jazz musician Herbie Mann is 72. Singer Bobby Vinton is 67. Denmark’s Queen Margrethe II is 62. Basketball Hall-of-Famer Kareem Abdul-Jabbar is 55. Singer Gerry Rafferty is 55. Actress Ellen Barkin is 48. Singer Jimmy Osmond is 39. Rock singer David Pirner (Soul Asylum) is 38. Actor-comedian Martin Lawrence is 37. Actor Jon Cryer is 37. Rock musician Dan Rieser is 36. Actor Peter Billingsley is 30. Actor Lukas Haas is 26. 

Committee wants to bring 2012 Olympics to the Bay

The Associated Press
Monday April 15, 2002

SAN FRANCISCO — Anne Cribbs has no trouble convincing people that hosting the 2012 Olympic Games would be a good thing for the San Francisco Bay area. 

The games would bring about $7.4 billion to the Bay Area, not to mention new housing, improved public transportation and global recognition and tourism. 

And a recent poll found that 84 percent of Bay Area residents support the quest. 

But getting people to believe it’s a likely possibility — after the Atlanta Games in 1996 and Salt Lake City winter games this year — is another matter for Cribbs, the chief executive officer of the Bay Area Sports Organizing Committee, the nonprofit organizer of San Francisco’s bid. 

Cribbs, who won a gold medal as a 15-year-old swimmer in the 400-meter medley at the 1960 Olympics in Rome, compared an Olympic bid to competitions where outcomes are determined by performance and spirit. 

“It’s kind of like a race,” she said. “You need to stay in the race and do your best because you can’t predict what will happen.” 

Four finalists remain in the campaign to win the U.S. Olympic Committee’s nomination as the U.S. bid city: Washington, New York, Houston and San Francisco. The committee will visit the four bid cities this summer and make a decision Nov. 2. 

Local supporters will host a news conference Wednesday with several Olympic athletes, including sprinter Michael Johnson, to unveil a new logo and financial details of its campaign. 

The local committee’s small staff works out of a simple office in Palo Alto and has spent three years building bridges between leaders of Bay Area cities, businesses and athletes. 

The committee also boasts 115 people on its board including numerous past and present Olympians, including swimmer Matt Biondi, runner Billy Mills and figure skater Kristi Yamaguchi. 

Board members say nearly 400 past and present Olympians live in the Bay Area. Venue planners have consulted athletes to find out exactly what kind of facilities athletes want. 

Last week, the committee released a 300-page addendum to its 700-page bid, showing that 92 percent of the competition sites will be within 32 miles of the proposed Olympic village at Moffett Field near Mountain View.