Four unions representing more than 60 percent of the city’s workforce united Monday in unprecedented fashion to leverage frustrations about six months of contract negotiations without a resolution. 

In a written statement to city managers, union leaders are demanding that 1,000 union employees, as they rework contracts due to expire July 6, receive raises similar to those of police officers and city executives. 

The statement cites a 31 percent cost-of-living hike recently awarded to police, over their new contract period, and similar pay raises for the city’s executive management staff. 

“It costs us just as much to live,” said Herschel Hollie, who is a Public Works Department employee and a representative for Local One, one of the four unions issuing the joint statement. “But we’re being low-balled in the negotiations.” 

City Manager Weldon Rucker, who has just received the union statement and has not completely reviewed it yet, said the union’s posturing was a long-time coming. 

“Contracts have been in the works for a while. This just brings it to a head,” he said, adding that he was optimistic about the process. “We’re hoping to come up with a sufficient retirement package and significant cost of living adjustments, if our budget can provide.” 

Rucker, though, was quick to dismiss the union’s comparisons of public safety officials’ contracts with contracts of nonuniformed city employees’ contracts. A different job market, different professional responsibilities and state benefit laws didn’t make for useful analogies, he said. 

Rucker intends to call a meeting this week between the city’s labor negotiating team and union leaders to iron out the differences. 

Details of the unions’ demands were not specific in Monday’s statement, and union leaders could not be reached for comment. 

The union statement calls on city managers to “provide both fair and equitable compensation and a PERS retirement plan” and “preserve injured worker’s protection” for the city’s unionized civilian workforce. Specifics would likely vary with department and position. 

The four unions in collaboration include Local One, Local 790 of Service Employees International Union, Local 535 of SEIU and Local 1245 of International Brotherhood of Electrical Workers. They are a range of professions, from mid-level managers to technical and trade positions. 

Though the unions have been talking with city managers since January, insiders say it is unlikely that the stalemate will be broken before the contracts expire next month. 

Spinsterhood in Maine a woolly way of life  

Portland, Maine — “Miss August” is 55 and proudly describes herself as Rubenesque. 

Susanne Grosjean is a Maine wool spinner and thought up the idea for a calendar featuring her sister spinners in all their glory. 

“Wearing Wool: Celebrating the Ancient Art of Spinning and the Ageless Beauty of Women” features 20 women, ranging in age from 33 to 70. 

Some are lying face down wearing only their woolen socks. Others have bits of wool or a strategically placed sheep to protect their dignity. 

Grosjean says the calendars are selling so fast they can’t keep them in stock. The group is using the proceeds to fund a trip to Ireland and to benefit breast cancer research. 

Watch out, Tiger 

SIMSBURY, Conn. — Tiger Woods wasn’t the only golf champion busy this weekend. 

David McCaslin of North Myrtle Beach, S.C., shot seven holes-in-one in the final round of the Mini Golf Hartford Open Sunday, holding off his two younger brothers for the win. 

His paycheck is a bit smaller than Tiger’s; McCaslin took home $1,000 for a record 9-under-par 30, breaking his previous record of 33 at last year’s tournament. 

Danny McCaslin of Morrisville, N.C., won $400 and Matt McCaslin of Cary, N.C., earned $300 after finishing second and third, respectively. 

Lone listener for task force 

MILWAUKEE — Just one person showed up to speak at a listening session held by a state task force on reforming the government. 

The lone participant was Attorney General James Doyle. A few others, all connected to Doyle, the media or the governor’s ethics task force, showed up for the first of four listening sessions planned by the task force. 

Kenneth Davis, task force chairman and dean of the University of Wisconsin-Madison Law School, doesn’t consider the poor turnout an indication of how much people are concerned about reforming government. He wondered whether the hearing’s time — at 10 a.m. Saturday — played a role in the turnout. 

“I care about it, but I don’t know if I would have shlepped down to the Marquette University Law School to hear what people had to say,” Davis said Sunday. 

Watch out, Rover 

ROCKWELL, Iowa — Dustin Pillard is betting his farm on compact cows. 

Pillard has 50 tiny cows on his northern Iowa farm, all about 3 feet tall. He’s hoping they’ll catch on as pets, and so far inquiries have come in from as far as Europe, Mexico and Argentina. 

“I like them,” said Pillard, 30. “If nobody else does, that doesn’t really bother me. We’re breeding just for the novelty end of it.” 

The smallest full-grown animal is a 3-year-old bull that’s 33 inches tall and weighs 320 pounds. The largest, a mature bull, is 35 inches tall and 400 pounds. 

Pillard thinks interest for the cattle, which start at about $1,000, is growing. And the more people know, the more interest he sees. 

“If they saw a rodeo bull that was only three feet tall, I’d think they’d have to have one. That’s our hope, anyway.” 

To the Editor: 

Since 1960 we have lost 80 percent of our Bay Area’s larger family businesses because of estate taxes. All we have now are big stores like Costco, Target, Albertson's, Safeway, WalMart, etc. Local factories have been liquidated or sold to big corporations because of estate taxes after death or sold out before death in order to avoid estate taxes. The big corporations then manufacture the goods off shore. 

A very small minority of estates have been affected by the estate tax, 1.5 percent to 2 percent of the estates after death and about 2 percent of the estates before death each year, but this adds up to 80 percent of our larger local family businesses since 1960. 

This is communism. Stalin did this in order to keep central control. Now we have central control by big corporations and big government. This is not good and it is all because of the estate tax. We must have local family business control.  

Here is a scenario of what happens to a larger local family business. A father and mother start a small business 50 years ago. Their supermarket keeps growing because of hard work. The son and daughter start working when they are young, the grand children start working when they are young. The whole family works very hard. They keep enlarging the store. Eventually they buy ten acres, build a big store and build a small shopping center around the store with six small rented stores. The business that started with nothing is now worth $9 million. The father dies in 1999. His estate is now $4.5 million. The exemption is $.7 million. The family must pay 55 percent of $3.8 million or $2 million. They mortgage everything and pay the $2 million estate tax. Next year the mother dies. Another $2 million is due. What do they do? They sell out to Albertson's. If they lived 10 years longer, the business would be worth $20 million and the estate tax would make it worse. 

During the last 40 years, because of the estate tax, the big corporations have changed the ratio of personal income tax to corporation tax.  

In 1960 the corporation tax and personal income tax was about the about the same. Last year the corporation tax was $220 billion and the personal income tax was $1.1 trillion. Why?  

The big corporations are underpaying their tax by $880 billion each year. Why do you allow this? 

This is all because we have allowed the estate tax to destroy our larger local family businesses who pay their full taxes. Last year the estate tax and the gift tax combined was only $30 billion. This is nothing! 

Stop the estate tax - the estate tax is a freedom killer! 

I hope it's not too late! 

Mike Vukelich 

El Sobrante 

Tuesday, June 18

Alternative Forms of  

Worker Organizing 

9 to 6 p.m. 

The International House , UC Berkeley 

Community based worker centers and worker associations discuss challenges of a changing economy and workforce. 

Vigil Opposing the Sanctions  

Against the People of Iraq 

12 p.m. 

Oakland Federal Building, 

1301 Clay St. 

548-4141 

Carol Wagner: "Soul Survivors  

in Cambodia" 

7:30 p.m. 

Easy Going Travel and Bookshop 

1385 Shattuck Ave. Berkeley 

843-6725 

Arthritis Rap Session 

Noon to 2 p.m. 

Alta Bates Medical Center 

Maffly Auditorium- Herrick Campus 

2001 Dwight Way 

More info: 644-3273 

Berkeley Camera Club  

Weekly Meeting 

7:30 p.m. 

Northbrae Community Church 

941 The Alameda 

Share slides, prints with  

other photographers 

525-3565 

Free 

Wednesday, June 19

"Part-time Parenting? A Career Networks Forum on Flexible Work Arrangements." 

6:30 to 8:30 p.m.  

Thousand Oaks Elementary 

840 Colusa, Berkeley  

Neighborhood Parents Network.  

Adults only. 

RSVP required: Amy Knowlden at knowlden@earthlink.net or 526-4044.  

$5 NPN Members and $10 for Non-Members.  

Berkeley Peace Walk and Vigil 

6:30 pm 

BART Station, Shattuck & Center 

Weekly candle-lit vigil and peace walk to raise awareness and gather support for opposition to the 'war on terrorism' 

vigil4peace@yahoo.com, 528-9217 

Thursday, June 20

Robert Fisk 

7 p.m. 

First Congregational Church 

2345 Channing Way  

Middle East Correspondent of the  

London Independent, in a benefit to rebuild Jenin refugee camp  

548-0542.  

$20 at Codys, Black Oak, Walden Pond and Modern times, or at WWW.MECAFORPEACE.ORG. 

"Women in War" 

7 to 9 p.m. 

University of Creation Spirituality  

2141 Broadway, Oakland 

An evening with international women's rights activist Zainab Salbi 

835-4827 ext. 29 

Suggested Donation $10-$15 

Pride Mass 2002 

7 p.m. 

Newman Hall-Holy Spirit Parish 

2700 Dwight Way 

LGBT Catholics celebrate 10 years towards creating a more inclusive world. 

663-6302 

www.calnewman.org 

Free 

Berkeley Camera Club  

Weekly Meeting 

7:30 p.m. 

Northbrae Community Church  

941 The Alameda 

Share slides, prints with other  

photographers 

525-3565 

Free 

Pacific School of Religion  

1798 Scenic Ave., Berkeley 

The Center for Lesbian and Gay  

Studies in Religion and Ministry hosts 

849-8235 

Simplicity Forum 

7 to 8:30 p.m. 

Claremont Branch Library 

2940 Benvenue Ave. 

Discussion on how to lead a  

more simple life 

549-3509, or www.simpleliving.net 

Free 

Senior Men's Afternoon 

Pacific Center 

2712 Telegraph Ave. 

Gay senior men discussion group 

2nd & 4th Thursdays. 

548-8283  

Free 

Freedom From Tobacco 

5:30-7:30 Thursday Evenings,  

June 6-July 18 

South Berkeley Senior Center 

2939 Ellis Street  

A quit smoking class 

981-5330 

QuitNow@ci.berkeley.ca.us 

Friday, June 21

Paramount Movie Classics  

The Mummy, with Boris Karloff, 1932 

Doors at 7, Mighty Wurlitzer at 7:30, Newsreel, Cartoon, Previews, and Prize give-away game Dec-O-Win and feature Film 

2025 Broadway 

Oakland  

$5 

"Understanding the Achievement  

Gap in the BUSD" 

11:45 for lunch. Speaker begins 12:30 

Berkeley City Club, 2315 Durant Ave. 

Shirley Issel, MSW,  

president of the Berkeley Unified  

School District 

$11.00/$12.25, students free. 

Berkeley Women in Black 

Noon to 1 p.m. 

Telegraph and Bancroft 

A vigil for peace for Palestine  

and Israel 

548-6310, or www.wibberkeley.org 

Saturday, June 22

Celebration of Solidarity  

with the People of Afghanistan 

7:30 p.m. 

Trinity United Methodist Church 

2363 Bancroft Way 

Live music and slide presentation by Rona Popal. Benefits a widows project and orphanage in Afghanistan 

883-9252 

$10-$30 

Summer Solstice Celebration 

10 a.m. to 3 p.m. 

Berkeley Farmers' Market  

Center St. and MLK Way. 

Live music, crafts, and summer  

solstice ritual. 

548-3333 

Free 

Emergency Preparedness Classes in Berkeley Disaster Mental Health: Learn about disaster-related  

emotional reactions. 

9 a.m. to noon 

997 Cedar St. 

981-5605 

Free 

Town Hall Meeting 

9:30 a.m. to noon  

East Oakland Youth Development Center, 8200 International Blvd. 

Congresswoman Barbara Lee on affordable housing with housing specialists and bank representatives 

763-0370 for reservations 

Sunday, June 23

Debt Cancellation for  

Impoverished Countries 

Noon 

The Fellowship of Humanity,  

390 27th St. Oakland 

Tony Littmann gives us a brief overview on the causes and effects of the Third World debt crisis 451-5818 or HumanistHall@yahoo.com 

Triaxium West and  

Aaron Rosenblum 

8 p.m., ACME Observatory 

Acme Observatory's home at Tuva Space,  

3192 Adeline  

Admission is $0 to $20, sliding scale 

Monday, June 24

Shakespeare Festival Auditions 

10 a.m. to 1 p.m. 

Berkeley Rehearsal Hall 

701 Heinz Ave. 

California Shakespeare Festival is looking for people aged 14-18 to appear in The Winters Tale. 

548-3422 ext. 105, or www.calshakes.org 

Tuesday, June 25

Vigil Opposing the Sanctions  

Against the People of Iraq 

12 p.m. 

Oakland Federal Building 

1301 Clay Street 

548-4141 

Berkeley Camera Club Weekly Meeting 

7:30 p.m. 

Northbrae Community Church  

941 The Alameda 

Share slides, prints with other  

photographers 

525-3565 

Free 

Magic School Bus Festival 

10:30 a.m. to 1:30 p.m. 

Lawrence HallofScience 

Video Adventures. Other events for kids take place every Wednesday through Aug. 21. 

643-5961 

$8 for adults, $6 for ages 5-18, seniors and disabled, $4 for children 3-4, free for children under 3. 

Wednesday, June 26

Berkeley Peace Walk and Vigil 

6:30 pm 

BART Station, Shattuck & Center 

Weekly candle-lit vigil and peace walk to raise 

awareness and gather support for opposition to the 'war on terrorism' 

vigil4peace@yahoo.com, 528-9217 

Thursday, June 27

The Lost Spacecraft: Liberty Bell 7  

Recovered 

10 a.m. to 2 p.m. 

Chabot Space and Science Center,  

10000 Skyline Blvd. Oakland 

Preview new exhibit of resurrected  

1961 spacecraft 

RSVP June 20, (415) 864-6397 or news@davidperry.com 

Friday, June 28

Paramount Movie Classics 

Doors at 7, Mighty Wurlitzer at 7:30, Newsreel, Cartoon, Previews, and Prize give-away game Dec-O-Win and feature Film 

2025 Broadway 

Oakland  

The General (1927), starring Buster Keaton, a silent film with live Wurlitzer organ accompaniment by Jim Riggs, playing his original score. 

$5 

Berkeley Women in Black 

Noon to 1 p.m. 

Telegraph and Bancroft 

A vigil for peace for Palestine and Israel 

548-6310, or www.wibberkeley.org 

Politics in Sacramento 

11:45 for lunch. Speaker begins 12:30 

Berkeley City Club, 2315 Durant Ave. 

Dion Aroner, Assemblywoman 

$11.00/$12.25, students free. 

"Really Rosie" Kids  

Theater Performances 

7:30 p.m.  

Epworth United Methodist Church, 1953 Hopkins Street in North Berkeley 

"Kids On Stage" Stage Door Conservatory's " programs presents musical theater performances by kids, for kids 

527-5939 or StageDoorCamp@aol.com. 

Free 

Saturday, June 29

Know Your Rights Training 

11 a.m.- 2 p.m. 

Copwatch Office 

2022 Blake St., Berkeley 

Learn what your rights are and how to observe the police effectively and safely; hosted by Copwatch. 

For more information: 548-0425 

Free 

Emergency Preparedness  

Classes in Berkeley 

Disaster First Aid: Learn to apply  

basic first aid techniques. 

9 a.m. to noon 

997 Cedar Street 

981-5605 

David Brower Day 

10 a.m. to 3 p.m. 

Berkeley Farmers' Market 

Center Street at  

Martin Luther King, Jr. Way 

Free 

Stanford Jazz Festival,  

June 29-August 10 

10:30 a.m. kids 7 & under, 11:30 a.m. kids 8-12, Campbell Recital Hall  

Stanford Campus  

Early Bird jazz for kids and families  

with Jim Nadel & Friends 

Free 

Maybeck High School  

30th anniversary  

6 p.m. to 10 p.m.  

Piedmont Community Hall  

711 Highland Ave. Piedmont 

Call 841-8489 for reservations 

Tuesday, July 2

Adopt A Special Kid (AASK) 

7 p.m. to 9 p.m. 

7700 Edgewater Drive, Suite 320  

Oakland.A workshop for singles or couples, gay and lesbian, experienced or older parents, interested in adoption. 

533-1747, ext. 12.

Cal is hosting the USA Combined Event Championships and the Junior National Combined Events Championships June 18-20 at its track stadium, where fans can see some of the nation's top decathletes and heptathletes. Action begins at 11:00 a.m. Tuesday, 9:30 a.m. Wednesday and10:00 a.m. Thursday. 

The heptathlon features 2001 runner-up and 2001 World bronze medallist Sheila Burrell, Virginia “Gigi” Miller, who finished third last year at the USA championships, Tacita Bass, who finished third at this year’s NCAA championships for South Carolina, and DeeDee Brown, who finished fifth in the 2002 NCAA championships for Arkansas. Cal?s Missy Vanek won’t compete due to a hamstring injury. 

The field for the decathlon, the rigorous 10-event contest, is particularly deep, with 2001 U.S. champion Kip Janvrin, 2000 Olympian Tom Pappas, 2001 U.S. runner-up Phil McMullen, former Cal star Bevan Hart, who won the 2000 NCAA title, and Paul Terek, the 2002 NCAA runner-up from Michigan State. 

But the big draw will be 1996 Olympic gold medallist Dan O'Brien, who has never lost to anyone in the Edwards field. 

The three-time world and five-time national champion is the old man of decathlon, at 35, and has various foot injuries, including plantar fascia, that have kept him on the sidelines for most of the past few years. O'Brien has competed in just one decathlon – winning the 1998 Goodwill Games – since winning gold in Atlanta six years ago. 

The USA championships are part of his preparation for the 2004 Athens Olympics. 

“This is the first year back for me,” he said. “This is step one in a five- or six-step process to take me to 2004 and be completely ready there.  

“Going into the U.S. meet, I'm looking to get my feet wet again and get out there and deal with a little bit of the stress and pressure.” 

“My health is pretty good,” O’Brien added. “My feet still bother me from time to time. I'll have a big high jump session, and I'll come out the next day, and my feet will be a little bit sore. My health is good. I feel as strong as ever, just not real sharp at this point.” 

While he admits he won't be at his peak at Edwards, O'Brien is as confident as ever. 

When asked if he expects to win the meet, he said, “I think so. That's the goal. I go to compete against the other guys and myself and the scoring tables. I've never looked at anybody and thought, ‘I have to beat this person to win.’ ” 

However, O'Brien's competition is younger and healthier right now. Janvrin is the defending champ and a 2000 Olympian, but Pappas, who finished fifth in Sydney, is arguably the favorite going into the meet. 

Even Pappas thinks so. 

“If I stay healthy and I do what I think I'm capable of scoring,” he said, “barring any injuries or mishaps on any events, I would think going into it I would be considered the favorite.” 

“I would say Tom has established himself as the best USA decathlete in the past couple of years,” Hart said. “He placed fifth at the Olympic Games. He was world ranked again last year. But, I would never bet against Dan O’Brien. He has experience and a lot of talent on his side... . I have a lot of respect for him. I'm excited to be able to compete against him in a decathlon.” 

Hart is a member of the Army World Class Athlete program, which financially supports his Olympic quest in exchange for three years of military service. He set Cal’s second-best decathlon mark with 8002 points when he won the 2000 college title. Cal’s Chris Huffins won the NCAA crown with 8007 points in 1993. 

“I got a late start this year,” Hart said. “About the last month, my fitness has been coming on. My speed has started to resurface. I think I can put up a decent score.” 

Both Hart and McMullen are coached by Cal multis coach Ed Miller, who is hoping for a strong turnout at Edwards this week. Stanford, which hosts the USA championships for the rest of the track and field events June 21-23, has in recent years developed a reputation as a major track and field site. Miller hopes the multi-event championships can bring a little of that luster back to Berkeley. 

“We would really love to see Cal back on the map in terms of promoting track and field,” Miller said.  

“Our competitors down on the Peninsula have done a good job. We'd like to compete for a spot someday for the larger portion of the meet. This is kind of a tryout for us as far as I'm concerned. There's a little more to this than meets the eye. We didn't do this because we like putting on meets. We did this because we have a lot of tradition here.” 

The Berkeley Unified School District has reinstated 24 of the 91 temporary teachers who received layoff notices in March. 

But only one of the 82 probationary status teachers who got a pink slip three months ago still holds a notice, according to district officials.  

The Berkeley Federation of Teachers plans to go to court over the lone probationary instructor, claiming an improper layoff, and may file suit on behalf of about 10 temporary teachers who, according to the union, were misclassified. 

The Board of Education, facing a multimillion dollar deficit, issued layoff notices to 173 teachers in March. A May 7 ruling by administrative law Judge Jonathan Lew, who found that the district had made several errors in calculating seniority, forced a series of reinstatements. 

Berkeley Unified has also issued a large number of voluntary reinstatements as the district’s murky budget picture has cleared up. District spokesperson Marian Magid said more may be on the way. 

“They’re going to be hired back as positions become available,” she said. 

BFT President Barry Fike said he sent papers to the union’s attorney last week to start legal proceedings for the probationary teacher. But, Fike said, he has held back on the temporary case while the district works to restore positions, hoping that the affected teachers will get their jobs back. 

“We’ve been delaying because we know the district appears to be working hard to make this question moot,” said Fike. “(But) we can’t delay much longer because, obviously, these teachers need to know.” 

Temporary teachers are generally new instructors, often on an emergency credential, and probationary teachers are generally first- or second-year employees with preliminary or full credentials. 

Fike claims that a host of the “temporary” teachers who received pink slips are in fact probationary or permanent status, by virtue of their credentials or experience, and were therefore improperly laid off. 

The union president said the number of teachers in this category is likely greater than 10, but said that for technical reasons, the union has a right to file a legal challenge on behalf of only about 10. 

Last month, the union claimed that a total of 38 “temporary” status teachers were misclassified. 

The probationary teacher in question is a school psychologist. Fike said the board approved layoffs for only two psychologists and argued that the district has already cut two positions – one a vacancy that will go unfilled and another held by a retiring psychologist. 

Fike spoke of a second probationary pink slip that the union is planning to challenge in court. But according to the district, the school psychologist is the only probationary status teacher who holds an outstanding layoff notice. 

The district did not comment on the union’s prospective legal challenges before the Planet’s deadline. 

Fike acknowledged the staffing complexities facing the district, but said he is concerned that at this date in June many teachers still do not know if they will have a job next year. The union president said some have already elected to find a job elsewhere rather than face continued uncertainty. 

“Many of the students are very saddened and many of the parents are very saddened at losing some of the teachers,” said parent activist and recently-declared school board candidate Cynthia Papermaster. “I feel like things could have been thought through a little more carefully so that wouldn’t have happened.” 

“It would have been nice to have handled it more quickly, but I think people have done the best they can,” said board member Ted Schultz. 

“There’s always a concern that you’re going to lose some good teachers when you have a situation like this, but unfortunately you have to balance your budget,” he added.  

On June 18, 1940, during World War II, British Prime Minister Winston Churchill urged his countrymen to conduct themselves in a manner that would prompt future generations to say, “This was their finest hour.” 

On this date: 

In 1778, American forces entered Philadelphia as the British withdrew during the Revolutionary War. 

In 1812, the United States declared war against Britain. 

In 1815, Napoleon Bonaparte met his Waterloo as British and Prussian troops defeated the French in Belgium. 

In 1873, suffragist Susan B. Anthony was fined $100 for attempting to vote in the 1872 presidential election. The fine was never paid. 

In 1928, aviator Amelia Earhart became the first woman to fly across the Atlantic Ocean as she completed a flight from Newfoundland to Wales in about 21 hours. 

In 1948, the United Nations Commission on Human Rights adopted its International Declaration of Human Rights. 

In 1979, President Carter and Soviet President Leonid I. Brezhnev signed the SALT II strategic arms limitation treaty in Vienna. 

In 1981, U.S. Supreme Court Justice Potter Stewart announced his retirement; his departure paved the way for Sandra Day O’Connor to become the first female associate justice. 

In 1983, astronaut Sally K. Ride became America’s first woman in space as she and four colleagues blasted off aboard the space shuttle Challenger. 

Ten years ago: Russian President Boris Yeltsin met with Democrat Bill Clinton in Washington before flying on to Kansas and then Canada. The Supreme Court ruled criminal defendants may not use race as a basis for excluding potential jurors from their trials. Entertainer Peter Allen died of AIDS at age 48. 

Five years ago: The Southern Baptist Convention called for a boycott of the Walt Disney Co., protesting what the convention called its “gay-friendly” policies. Sirhan Sirhan failed in his 10th bid for parole in the assassination of Sen. Robert F. Kennedy. Irineo Montoya, a Mexican laborer, was executed by the state of Texas for a 1985 killing despite protests by the Mexican government. 

One year ago: A judge in Golden, Colo., sentenced two therapists to 16 years in prison each in the death of a 10-year-old girl who had suffocated while wrapped in blankets during a “rebirthing” session. Connell Watkins and Julie Ponder were convicted of reckless child abuse in the death of Candace Newmaker. Retief Goosen won the U.S. Open in an 18-hole playoff with Mark Brooks. 

Today’s Birthdays: Actor Ian Carmichael is 82. Columnist Tom Wicker is 76. Rock singer-composer-musician Paul McCartney is 60. Movie critic Roger Ebert is 60. Actress Constance McCashin is 55. Actress Linda Thorson is 55. Actress Isabella Rossellini is 50. Actress Carol Kane is 50. Singer Tom Bailey (The Thompson Twins) is 45. Rock singer Alison Moyet is 41. Country singer-musician Tim Hunt is 35. Rock singer-musician Sice (The Boo Radleys) is 33. Rhythm-and-blues singer Nathan Morris (Boyz II Men) is 31. Actress Mara Hobel is 31. Country singer Blake Shelton is 26.

To the Editor 

In answer to David Snipper's recent letter to the editor about the San Pablo Avenue multi-use project I would offer the following: 

z The public input that went into the West Berkeley Plan, the 1977 Master Plan, and the new Berkeley General Plan are being ignored by this project which ignores the policies and goals of those plans. 

z The towering project in Emeryville opposite the Home Depot is just what the vast majority of neighbors don't want! Remember, Emeryville has never seen a development they didn't like, 

z The perceived height of this building has not been reduced by moving the lofts, (really a fifth story), back by 5 feet. 

z Those opposing this development want this property developed - but we want it to conform better with the community and with previously approved long range plans. 

Bob Kubik 

Berkeley

OAKLAND — The Oakland Athletics are about to find out whether the progress they’ve made in the past two weeks will stand up to the grind of their longest road trip of the season. 

Oakland’s weekend series with San Francisco comprised the first three games of the 13-game trip, which takes the A’s to the opposite end of the country and back. 

It’s a critical stretch for a team that was struggling to keep up with Seattle and Anaheim in the AL West before going 9-1 in its last 10 games — thanks largely to the start of interleague play and the resurgence of their talented starting rotation. 

“The big thing is to keep this roll going on the road,” said left-hander Mark Mulder, who will start Tuesday. “We don’t want to lose the momentum we built here.” 

Oakland’s road trip really gets going Tuesday, when the A’s play the first of three games at PNC Park in Pittsburgh. After that, Oakland heads to Cincinnati for three games before finishing with four division games in Seattle. 

In the AL West race, the A’s (37-31) are four games behind the Mariners (41-27) — the closest Oakland has been to first place since May 3 — and three behind the Angels (39-27). That’s a big improvement from last season, when the A’s were 19 games behind Seattle at the same point of the schedule. 

Unlike last season, when the A’s spent all summer chasing the streaking Mariners, the division title is up for grabs. Whether Oakland can reclaim the crown it wore in 2000 depends largely on the starting rotation that still believes it could be the best in baseball with consistency. 

Selling certain types of coffee could soon be illegal in Berkeley. 

A petition-driven initiative that would ban the sale of nonfair trade, shade-grown or organic coffee in the city of Berkeley will likely be on the November ballot, city officials said. 

The author of the proposal, Rick Young, on Monday turned in more than 3,000 signatures, about 1,000 more than is required to qualify for the ballot. 

The issue has not brewed much controversy, likely because not many people know about it yet. Staff members at Cafe Elodie, Au Coquelet and Tully’s Coffee — three coffee shops in downtown Berkeley — were unaware of the proposal. 

Those interviewed yesterday agreed that if passed, the initiative would affect many Berkeleyans.  

And at least one city official said the proposal goes to far. 

“If we begin to regulate the many details of so many people’s lives we are either going to be a nanny government or big brother, I don’t know which,” said City Councilmember Miriam Hawley, District 5. 

The city has used boycotts in the past to influence the way businesses operate – legal precedence for the initiative, Hawley said. 

For example, the city once banned Styrofoam, which posed more of an immediate threat to Berkeley. During the Styrofoam ban the city was dealing specifically with one business, McDonalds.  

The current initiative would affect every person in Berkeley who drinks or sells coffee. 

Furthermore, the effects that coffee wholesalers and the coffee industry as a whole have on the environment and on the lives of farmers should be dealt with through education, not with mandates, Hawley said. 

“For instance, how do we balance the needs of low-income people against the needs of people who are working in the fields and growing the coffee?” Hawley said. “And why are we starting here and not closer to home?”  

Some of the issues facing coffee workers have worsened since the onset of globalization. In fact, the coffee market is believed to be at a record low, selling at roughly 40 cents a pound. Coffee has at times sold at $2.50 a pound. Fair trade demands that it be sold at $1.26 a pound. 

“People are being driven off their land because of the actions of corporate coffee companies like Starbucks,” said Simon Harris, the campaign director of the Organic Consumers Association, which supports of the initiative. “Coffee prices are coming in at 40 cents a pound, which is less than what it cost to produce it.” 

Harris went on to say that fair trade standards for people cultivating coffee beans allow them to make just enough money to pay for essentials such as clean water and education for their children. 

The Organic Consumers Association for months has directed a protest against Starbucks. 

“Without some sort of push from consumer-pressure or initiatives like this – it is obvious that these companies aren’t interested in these issues,” Harris added. 

Young said that the initiative would essentially deny people very little but would do a lot. 

“It’s good for the environment, good for coffee workers and when there’s an alternative available, people should be willing to accept it,” Young said. “(Consumers) are not giving up a whole lot other than their right to exploit the environment and their right to exploit coffee workers.” 

The difference between what consumers will pay for fair trade and coffee products like Folgers, ones typically sold at grocery stores, could be an issue. Young said that people pay only a few cents more a cup for gourmet coffees. 

But Sienna Nervo, the assistant manager at Tully’s, said that once the industry stamps its approval on products the prices will increase. 

Nervo said there is a drastic difference in price between coffee beans that follow fair trade guidelines and those that are “certified.” Coffee companies should offer the option to their consumers, Nervo said, adding that voters ought to know that the coffee customer will ultimately pay the price. 

Councilmember Polly Armstrong, District 8, brought up another reason to oppose the initiative: coffee police? 

“This would take money out of the city’s budget to enforce, and I certainly don’t think it’s how I want to spend the taxpayer’s money regulating coffee drinkers,” Armstrong said. “It’s a matter of how much of your budget you want to spend on issues that are not vital to the health and lives of people who live in Berkeley. 

“But it’s a great big, bawdy democracy and we will see what happens,” she added. 

To the Editor: 

Thank you for you coverage of the disturbing, pending displacement of the south Berkeley business of Betty Gray, the long time proprietor of "Alice's Relaxing Bath."  

Your feature reported the facts well: Mrs. Gray successfully started her bath accessory business eight years ago, moved off welfare (before much heralded reform) and raised six children on her own.  

With gentrification, her reward is an eviction notice from her landlord and a ho-hum, “such is the price of progress” response from City Hall. 

Anyone familiar with Betty knows that her business is much more than selling bath soaps. Her business is, in fact, a cover for her true calling: affirming, cajoling, advising all who walk through her door. You don't leave 'Betty's Relaxing Baths' without a taste for her gritty defiance to life's challenges, a sense of one's own worth, and an uplifting feeling that we are all our brothers' keepers.  

She is the publically-espoused, civic-minded, risk-taking, entrepreneurial presence that is the true anchor of neighborhoods. 

So, the city fathers and mothers fiddle, the Lorin district is made safe for Starbuck's, while its longtime heart and soul slips away. 

Bill Joyce 

Oakland  

NEW YORK — Can a nation debate the merits of cloning when fewer than half its adults can give a decent definition of DNA? 

Can it render good judgment on genetically engineered food when only a quarter can define a molecule? 

And can Americans assess competing medical claims when only a third show a good understanding of the scientific process? 

Experts see cause for concern in the latest report card on American scientific understanding. But they aren’t surprised. 

Like many people, Shirley M. Malcom, head of education for the American Association for the Advancement of Science, has seen “Tonight” show host Jay Leno’s quizzes of people on the street. 

Leno: “Where would you find chlorophyll?” 

Dante from Michigan: “Probably in your toilet.” 

(Correct answer: In plants.) 

Leno broke the news about the new study to his audience last month: 

“Here’s something shocking. According to a study by the National Science Foundation, 70 percent of Americans do not understand science. Here’s the sad part: 30 percent don’t even know what 70 percent means.” 

That second statistic is only a joke. But the foundation did report that a survey of American adults turned up low numbers like these: 

- 45 percent could define “DNA,” the substance carrying the inherited genetic code. 

- 22 percent could define “molecule,” the basic unit of a chemical compound. 

- 48 percent knew electrons are smaller than atoms. 

Only about one-third showed a good understanding of the scientific process, including ideas about probability and how to do an experiment. 

Americans did better on some other questions. Ninety-four percent knew cigarette smoking causes lung cancer, for example, and about three-quarters knew that some radioactivity is naturally produced, that continents are moving and that light travels faster than sound. 

The survey’s margin of error is plus or minus 3 percentage points. 

In its current form, the survey has been given every two years since 1979 and overall the results haven’t changed much, said Melissa Pollak, senior analyst at the science foundation. 

“It’s discouraging,” she said. “We’d hope people would know more than they seem to know about some basic science facts and concepts.” 

If it’s any consolation, the United States did slightly better than 14 other industrialized countries in the early 1990s, ranking about equal to Denmark and the Netherlands, Pollak said. Her quick look at new survey data suggests this country is still somewhat ahead, she said. 

Some see reason for hope in survey results over the years. Jon Miller of Northwestern University, who directed the survey from 1979 to ’99, has his own index of scientific literacy. It includes an understanding of scientific process plus vocabulary. 

By that gauge, “the trend in the last decade has been very encouraging,” he said, with science literacy growing from 10 percent in 1988 to 17 percent in 1999. He hasn’t calculated the number for the new survey. 

Leno: “What keeps the Earth orbiting around the sun?” 

Sarah from Cleveland: “The gravitational pull ... of the moon.” 

(Correct answer: The gravitational pull of the sun.) 

What bothers Pollak the most is the finding that only about a third of adults showed a good understanding of the scientific process. 

“This is where science can benefit people in their daily lives,” Pollak said. People get bombarded with claims by psychics and medical quacks, she said, and if they don’t understand about critical thinking and scientific evidence, they can waste time and money. 

That understanding also helps citizens confront scientific political issues where the media are often content to present both sides of an argument, no matter which side has better evidence, said Malcom of the AAAS. 

There’s another, related concern. How will the United States provide a sufficient supply of qualified workers for careers in science and technology? Nowadays, the nation is leaning heavily on foreigners. 

“We could not function in our government laboratories, in our academic laboratories and in our industrial laboratories without these workers,” says William Haseltine, chief executive officer of Human Genome Sciences Inc. “I would guess we would drop in productivity by about 50 percent or more... We simply don’t train enough (American) people.” 

The science foundation reports that as of 1999, about a quarter of all U.S. workers holding a doctorate in science or engineering were foreign-born. For computer science and engineering doctorates, about 45 percent were foreign-born, and for biological sciences, 27 percent. 

Some observers are queasy about the future supply of foreign expertise. 

“You can’t depend on it,” Haseltine says. “As economic conditions improve abroad, it’s less likely these foreign workers will come to the United States... We’ve already seen some reverse brain drain, back to China, back to Europe, back to Germany in particular,” by people who’ve gotten years of training in the United States. 

The obvious response, Haseltine and others say, is to produce more Americans with science and engineering expertise. 

So, if it’s up to this country, how does it increase Americans’ understanding of science? The real engine, experts say, is the schoolroom. 

Leno: “Who invented pasteurization?” 

Kerry from Denver: “Um, some agriculture person ... (from) Nebraska.” 

(Correct answer: French scientist Louis Pasteur.)

YOKOHAMA, Japan — Mexico had tradition and the crowd on its side, and for much of the match it had the ball. But the United States got the goals — and a place in the World Cup quarterfinals, its best showing since 1930. 

“Amazing,” defender Pablo Mastroeni said after a 2-0 victory Monday put the Americans into the final eight. “It’s been a long drive coming in and this is the icing on the cake.” 

Brian McBride scored in the 8th minute and Landon Donovan in the 65th. Although North American neighbor Mexico had possession for two-thirds of the game, goalkeeper Brad Friedel leaped and dived to block the Mexicans’ six shots on goal. 

“Sometimes in games past, other things have let us down,” Friedel said. “But our effort and our heart never were lacking.” 

Hours before the game, President Bush called Arena and the players listened in on a speaker phone. 

“The country is really proud of the team,” Bush said. “A lot of people that don’t know anything about soccer, like me, are all excited and pulling for you.” 

The United States will play Germany on Friday at Ulsan, South Korea. 

“We got a very difficult opponent in Germany,” coach Bruce Arena said. “I think when Friday comes around our team will be ready to play.” 

In Monday’s other second-round game, Brazil played Belgium at Kobe, Japan. 

At Jeonju, South Korea, battles for the ball led to five yellow cards on each side. Mexico’s Rafael Marquez was ejected in the 88th minute for crashing into Cobi Jones with a high kick and a blow to the head. 

“It’s a rivalry. We know each other,” said U.S. coach Bruce Arena. “There has been a lot of bad blood over the years. When the game’s over we’re friends again.” 

A U.S. team reached the semifinals at the first World Cup in 1930, losing 6-1 to Argentina. They reached the second round at home in 1994, but were last among 32 teams in 1998. 

Mexico, where soccer is the No. 1 sport, was in its 12th World Cup. It reached the quarterfinals in 1970 and 1986, and lost in the second round in 1994 and 1998. 

“We played very good football,” Jared Borgetti said. “But in football, you win by scoring goals and we didn’t score. 

“The United States has a very good team, very fast with a very dangerous counterattack.” 

About 10,000 Mexicans were in the predominantly Korean crowd of 35,000 at Jeonju. The Koreans joined them in cheering wildly for every attack by Mexico’s team. The crowd vigorously booed every U.S. advance. 

Ironically, South Korea’s team helped the Americans into the second round by eliminating Portugal. The Americans finished the first round with a win over favored Portugal, a tie with South Korea and a loss to Poland. 

Also in the Americans’ half of the draw, Spain was awaiting a quarterfinal match against the winner of Tuesday’s game between co-host South Korea and three-time champion Italy. 

On the other side, England was awaiting the Brazil-Belgium winner, and surprising Senegal will play the winner of Tuesday’s Japan-Turkey game. 

Difficulties in obtaining tickets touched off another wave of outrage in South Korea. 

Fans camping outside Daejeon’s World Cup stadium hoping for last-minute tickets to South Korea’s match against Italy discovered belatedly that Korean organizers sold 1,465 tickets on the Internet. 

“We’ve become idiots,” said Hur Jin-beom, a 26-year-old student who had been camping out since Friday. “Organizers knew we were here. If they had any tickets, they should have been sold to us.” 

Added Oh Taek-hoon, a 32-year-old retailer: “I’m going to barge into the stadium, whatever it takes, even if I die trying,” 

Lin Byung-taik, a spokesman for the organizing committee, said Monday: “I understand the fans. But our basic policy is to sell leftover tickets on the Internet until the day before match day.” 

In a number of first-round matches, there were empty seats inside stadiums. Disgruntled fans had difficulty logging on to the ticket Web site or, later, couldn’t get through on phone lines set up to purchase tickets. 

In Japan, 64 people have been arrested for crimes related to the World Cup. Police have detained 40 Japanese nationals and 12 Britons since soccer’s showcase began May 31. The remaining 12 people arrested were from a half-dozen other countries, including Ireland, the United States and Argentina. 

More than a third of the arrests have been for ticket scalping. 

Malcolm X fourth-graders got to dig into a science assignment this year when they recycled cafeteria waste using live worms as composting agents. 

All schoolyear the children cared for thousands of worms that they kept warm in bins kept on the school grounds. Meanwhile, they collected hundreds of pounds of food waste from the cafeteria that would have otherwise been garbage. 

“We got orange peels and other things people don't eat,” fourth-grader Lamont Woods said. 

The project taught the children the value of recycling, the process of organic composting, and about worms, said science teacher Larry Kaas. 

“We used the worm compost as a laboratory... to show that the nutrient cycle doesn’t just exist way out in the woods,” Kaas said. “It can be part of our daily lives at school.”  

Last week’s “worm rodeo” was an event in which the kids rounded up the earthworms’ nutrient-rich castings, or worm droppings, from compost bins near the school’s garden. The castings are an excellent fertilizer, and when added to soil improve its structure, texture, aeration and water retention. 

Earthworms are efficient agents of decomposition. They can recycle one pound of organic waste in 24 hours. A typical composting process, one without worm-power, requires more steps and attention to carbon-nitrogen ratio and other environmental factors.  

The students were responsible for care of the compost pile, and monitored its progress daily. “You have to check on the worms: ‘Do they have enough food? Do they have air? Do they have enough newspaper?’ ” said fourth-grader Dinonnae Hopkins.  

Dinonnae and Cathy Moran shredded newspaper and set it in the worm bin. Damp paper is easiest for the worms to digest, said Cathy, who described one of her duties this year as pouring water over newspaper beds. 

In healthy compost bins, worm populations can grow rapidly to consume four to six pounds of food scraps a week. About four to six months after starting the box, the worms will have converted all of the bedding and most of the food waste into castings. The castings are “rounded up” for the composting process to begin. 

“I hope they learned that they can make a difference in their community,” Kaas said. His fourth- and fifth-grade students kept over 500 pounds of food scraps out of the landfill and returned the nutrients to the garden that will grow some food for them next year. 

To the Editor: 

I think that cars should have less than two exhaust pipes because the dirty smoke pollutes the air. 

Gas can drip from it and go down the drain and into the ocean. The buses have their exhaust pipes in the air and pollute the air. We need to stop all pollution. 

I think that they should make Solar cars, or anything that does not pollute the air.  

I think that more people should use bikes instead of cars. 

Griffin Hall 

5th grade 

Mrs. Dobson's class

OAKLAND — Two newspapers filed a motion Monday to lift a gag order imposed on jurors in the federal lawsuit two Earth First! activists brought against the FBI and Oakland police. 

U.S. District Judge Claudia Wilken told jurors they could not discuss the case with anyone but their families until all appeals are done — a process that could take years. 

The San Francisco Chronicle and the Oakland Tribune asked Wilken to vacate the gag order, arguing it violates the jurors’ First Amendment rights, does not satisfy the legal requirements for restraining speech and does not have procedural safeguards. 

The jurors last week returned a $4.4 million verdict in favor of the two environmentalists, Darryl Cherney and the late Judi Bari.  

The jury found that six federal agents and police officers investigating a 1990 car bombing in the activists’ car violated the pair’s constitutional rights. 

The gag order will keep lawyers from finding out why jurors came to their decision — information that could be useful in appeals. It also keeps jurors from talking to the newspapers about their deliberations. 

The newspapers asked Wilken for a hearing on the matter no later than June 21. 

To the Editor: 

Thanks for your $62 million leak at Livermore Labs (Associated Press, June 7). The point is, of course, that if they can't build a leak-proof building, how can they build a nuclear bomb? 

Over 20 years ago, I was with a group that protested the building of such a bomb, and, as to the measure of what that city thought of us, they sent a man to chair the meeting who was "just told about it" that morning. He was with a city attorney's office. I said "arrest Livermore Lab," but he didn't. 

Now look. Sixty-three million down the drain. 

George Kauffman 

Berkeley

In a sweet deal for shareholders, Nestle SA agreed Monday to take majority stake in Dreyer’s Grand Ice Cream Inc. as part a $2.4 billion transaction that would allow the Swiss conglomerate to eventually swallow all of California-based Dreyer’s. 

The company, which analysts expect will have annual sales of about $1.5 billion, would compete at the same level as the Anglo-Dutch conglomerate Unilever, whose brands include Ben & Jerry’s, Good Humor and Breyers. 

“Together, we’ll be creating a dream team of the best people, brands, innovation and distribution in the business,” said T. Gary Rogers, Dreyer’s chief executive. 

Pending shareholder and regulator approval, Nestle will merge its U.S. ice cream business, including the Haagen-Dazs brand, into Dreyer’s, which makes the best-selling packaged ice cream in the United States. 

Nestle would receive 55 million newly issued Dreyer’s shares, boosting its stake to 67 percent from the current 23 percent. 

Then, in 2006, Dreyer’s shareholders could sell their stock to Nestle for $83. The following year, Nestle has the option of scooping up all outstanding Dreyer’s shares for $88 a share. 

“This is a best-case scenario for Dreyer’s Grand Ice Cream shareholders,” said John McMillin, food industry analyst at Prudential Securities. 

The premium — the corporate equivalent of extra whipped cream on a sundae — drove Dreyer’s shares up more than 57 percent, or $24.50, to $67.29 in Monday trading on the Nasdaq Stock Market. They had closed at $42.79 a share Friday 

In trading on the Zurich stock exchange, Nestle shares rose 0.6 percent to close at 364 Swiss francs ($233). 

With about 17 percent of the worldwide market, the combined company’s brands will be on equal footing with Unilever’s brands. 

Dreyer’s ice cream is marketed under the Dreyer’s brand in the western United States and as Edy’s elsewhere. The company, founded by William Dreyer and Joseph Edy in 1928, invented Rocky Road ice cream in 1929. 

More recently Dreyer’s has partnered with Starbucks Corp. to create specialty coffee-flavored ice cream and with Godiva for chocolate flavors.

SAN JOSE — Photo industry rivals are teaming up on an initiative to establish what they hope will become the ATM-equivalent of a global digital photo printing network. 

The goal is to create a network that would let digital camera users make prints of their images from anywhere in the world, making the photofinishing process for digital images at least as convenient as it is today for film. 

Companies, including Eastman Kodak, Fujifilm and Hewlett-Packard, support the initiative called CPXe, or Common Picture eXchange Environment, which the International Imaging Industry Association will announce Monday. 

The plan is to develop a Web-based framework and an open technological standard that would let consumers transmit and print digital photos from all kinds of sources — digital cameras, PCs, the Internet, photo kiosks, digital mini-labs and photofinishers. CPXe will let consumers upload, download and order prints of digital pictures at any retail location with any type of photofinishing equipment used by the retailer. 

For instance, a user could upload pictures from a home PC to any company on the network and place their printing orders at any location — even at a distant photofinishing retailer for a relatives to pick up. 

“Consumers today continue to shoot both film and digital,” said Lisa Walker, executive director of the industry association. “They think that ’if I want prints, I should use film,’ and we want to knock down that barrier.” 

The CPXe network standards are slated to be completed by the end of the year. Consumers may see the CPXe in action sometime in 2003, Walker said, but it will depend on how quickly the photo companies, retailers, and photofinishers decide to join the network. 

“This is imperative for the progression of the industry,” said Ron Glaz, a digital imaging industry analyst for market research firm International Data Corp. “But everyone in the industry has to jump on the bandwagon for it to work.” 

SAN FRANCISCO — In another sign of the high-tech industry’s humbling times, Web browser pioneer Marc Andreessen abandoned his ambition to build a Web services giant Monday and agreed to sell most of his latest brainchild, Loudcloud Inc., to computer systems consultant Electronic Data Systems. 

Plano, Texas-based EDS will pay $63.5 million in cash for Loudcloud’s primary business of managing and developing Web sites for other companies. 

EDS also agreed to pay $52 million during the next three years to use a Loudcloud product called “Opsware” — software meant to automate information technology departments. Sunnyvale-based Loudcloud is changing its name to Opsware.  

Monday’s sales price represents a small fraction of the $306 million that Andreessen and Loudcloud’s other co-founders have raised from investors since starting the company in September 1999.

FRESNO — A federal judge has issued a preliminary injunction delaying enforcement of California’s electric-car mandate in its current form for two years. 

U.S. District Judge Robert Coyle granted the injunction last week after a request from General Motors Corp. and DaimlerChrysler AG’s Chrysler unit. 

The auto makers contend in a pending lawsuit against the California Air Resources Board that the so-called zero-emission-vehicle mandate is illegal because it allows the state to regulate automotive fuel economy, a power reserved for the federal government. 

The board has countered that the program, which had been set to take effect in 2003, addresses clean-air concerns beyond fuel economy. 

The injunction marks the latest legal twist in a battle over the state’s clean-car program that has dragged on for more than a decade. 

Auto industry officials say the ruling postpones the entire program until 2005, pending the resolution of the suit by GM and Chrysler. 

But state officials argue the judge’s order still allows the program to take effect next year, just without a set of changes the board made in 2001 in response to auto industry protests that the earlier version was too tough. 

In 2001, the Air Resources Board decided to allow auto makers to earn credits toward the mandate by rolling out technologies such as hybrid gasoline and electric cars. The cars are already on sale. 

The board allowed the hybrid cars, hoping it would force the industry to continue to perfect zero-emission technologies. 

However, the amendments prompted the lawsuit by GM and Chrysler claiming the program amounted to an illegal state fuel-economy mandate. 

Richard Varenchik, Air Resources Board spokesman, told the Wall Street Journal the board hasn’t decided whether to appeal the injunction. 

“If this stands, we simply take a step back,” he said. “The thing that’s sort of odd about this is it appears the auto makers have litigated against a rule that gave them more options and more flexibility.”

SAN BERNARDINO — Fire raging through Cajon Pass in the San Bernardino Mountains overran two fire engine crews Monday and shut down Interstate 15, the main route used by travelers between Southern California and Las Vegas. 

Three firefighters suffered first- and second-degree burns, said Karen Terrill, spokeswoman for the California Department of Forestry and Fire Protection in Sacramento. 

The firefighters were to be taken to Saint Bernardine Hospital to be stabilized and then transferred to a burn center in Los Angeles. 

The firefighters had to deploy emergency fire shelters. They were brought in from another area of California. The total number of firefighters involved in the incident was unknown. Each engine typically has a crew of three. 

The 4,473-acre fire began Sunday and flared up again Monday afternoon in the brush-covered pass 50 miles east of Los Angeles, closing the interstate for the second time in two days.

SACRAMENTO — Gov. Gray Davis has asked the committee scraping to fill a $23.6 billion budget hole to find $1 billion more — with cuts or tax increases — to boost emergency reserves and protect California’s credit. 

Now, after two full weeks of meetings, the Conference Committee on the Budget must decide how to come up with about $5.5 billion. That includes $1 billion reserve, about $1 billion in additions the panel has made to the budget and roughly $3.5 billion in car and cigarette tax increases proposed by Davis last month. 

“From this day forward, that’s what our conversations will be about,” said committee chairman Sen. Steve Peace, D-El Cajon. 

Davis asked for the additional rainy day funds to help the state persuade Wall Street investors and credit rating agencies that California can pay back its loans and sell bonds. 

Specifically, the state must prove it will be able to repay an $8 billion short-term loan — called a revenue anticipation note — that state Controller Kathleen Connell said is necessary to help the state pay its bills this summer. 

The Assembly-Senate budget committee did not meet over the weekend and planned to resume deliberations Monday afternoon. The panel is attempting to come up with a politically palatable plan to fill the $23.6 billion budget hole. 

Davis in May proposed a combination of cuts, borrowing and tax increases. However Republican lawmakers have said they will not support a budget with tax increases.

Sierra Club sponsors forum on idea of building up, not out 

From his home in Berkeley, Howie Muir can see the headlands of Marin on a clear day. In the winter, he can see the sun setting over the water. Soon, though, he says his view may be replaced by a four-story wall – the cold back of a recently-approved commercial building on San Pablo Avenue. 

On Saturday, Muir was a panelist at the north Alameda chapter of the Sierra Club's discussion on urban density and namely the Berkeley Height Initiative that he and fellow activist Martha Nicoloff created two years ago. The initiative has since been submitted to the city for placement on the November ballot. 

But as the discussion revealed, not everyone supports Muir’s height initiative, and everyone seems to have a different idea of how Berkeley can accommodate expected population growth. 

"The more efficient we build our cities the more efficient we will be," said Rachel Peterson, executive director of urban ecology for the Sierra Club chapter and a panelist.  

Peterson takes an anti-height initiative stance, claiming that such a measure would force the city, as population grows, to spread outward and create unchecked sprawl. 

The creators of the initiative argue that Berkeley has a greater density than Los Angeles and is close to that of Emeryville, known for its high density zoning with an average of 108 units per acre. Opponents say the statistics should not be compared and that measuring units per acre does not lead to an accurate assessment of density. 

"Census data includes population and total acres... It doesn't include areas like commercial shopping," said John Holtzclaw, an urban planner who spoke at the meeting. "Density is not zoned the same over any given part of the city, but there are... different kinds of housing for different kinds of places." 

Rob Wrenn, a member of Berkeley’s Planning Commission, said that he does not think density has even become a problem in Berkeley, with the population dropping in the last 20 years and the average family size dropping from 2.2 to 2.16 people. 

"The question is how to accommodate housing without negatively impacting the quality of life in Berkeley," Wrenn said. "More people means more cars, higher traffic and more pollution." 

Richard Register, an opponent of the Height Initiative, said that the way to keep a city healthy is to have as much open space as possible, while keeping housing and commercial areas near transit so there is little need for cars. But that would take building up, not out, and the Height Initiative would make that very difficult. 

"Taller buildings can be beautiful in their own right," Register said.  

The Height Initiative would require new buildings in most areas to be at least one story lower than is currently required. It also would restrict developers from their current right to add on extra stories when they make 25 percent of their housing affordable and when they provide space for the arts. 

Commercial areas, such as along Telegraph, University and San Pablo avenues and in the downtown area would also be more limited in their height allowances, in some areas dropping from seven stories to four. Most residential height limits would remain the same as stated in the city’s Master Plan at about three stories or 28 feet. A special city permit would be needed if the building were to reach 35 feet or higher. 

In multi-family and high-density residential areas where buildings are currently allowed to be as high as six stories, or 65 feet, the Height Initiative would limit the development to three or four stories. 

Muir said that a special clause in his initiative allows for developers to increase the height of a building as long as they get input from the neighbors and a two-thirds vote from the City Council. 

But Andy Katz, a zoning board member, said that this is this kind of rule that will require more "red tape" for developers as well as home-owners trying to add on to their property. 

"It would force a lot of singe family homes to come in front of the board and go to a public hearing," he said. 

Another major concern at the discussion was about affordable housing: If fewer housing units are built on an already limited amount of land, how can anyone continue to afford to live in Berkeley? 

Muir, in defense of his initiative, said that the answer lies in using empty land between the houses while being sensitive to housing demands. He said that a danger in building more units in taller structures is that each unit will become smaller, though affordable, and leave out middle class buyers. 

Register, on the other hand, wants the city to acquire empty land and create affordable housing by building upwards, in the center of the city.

To the Editor: 

We, of Fix Our Ferals, A Spay/Neuter Program for Homeless Cats, read your article about Fairview Street.  

The Kaufers' issues with their next door neighbor at 1408 Fairview are not all cat-related. However, Fix Our Ferals has in the past been called upon to deal with neighborhood concerns regarding feral cats. These cats are a separate issue from the tame cats, which are all confined on her property. 

After looking at the history, it is clear to us that the resident at 1408 Fairview has drastically reduced the population of free-roaming feral cats. By feeding, monitoring and sterilizing all the feral cats in her neighborhood, she put an end to the specter of sickly dying kittens on that street – and to the spraying, fighting and yowling that accompany mating behavior. 

Continued feeding of a feral cat colony is the only effective way to monitor the colony for any new unsterilized cats that may appear. We would love to show you an article that appeared in the current issue of the Journal of the American Veterinary Association, that substantiates and quantifies the phenomenon that feral cat experts have long known intuitively: Sterilization of a cat colony reduces the numbers of cats substantially in a very short time. 

Dairne Ryan 

Linda McCormick

Tuesday, June 18

Vigil Opposing the Sanctions  

Against the People of Iraq 

12 p.m. 

Oakland Federal Building,1301 Clay Street 

(510) 548-4141 

Carol Wagner: "Soul Survivors  

in Cambodia" 

7:30 p.m. 

Easy Going Travel and Bookshop,1385 Shattuck Avenue, Berkeley 

510-843-6725 

Arthritis Rap Session 

Noon to 2 p.m. 

Alta Bates Medical Center 

Maffly Auditorium- Herrick Campus 

2001 Dwight Way 

for more info: 644-3273 

Berkeley Camera Club Weekly Meeting 

7:30 p.m. 

Northbrae Community Church, 941 The Alameda 

Share slides, prints with other photographers 

(510) 525-3565 

Free 

Wednesday, June 19

"Part-time Parenting? A Career Networks Forum on Flexible Work Arrangements." 

6:30 to 8:30 p.m.  

Thousand Oaks Elementary, 840 Colusa, Berkeley  

Neighborhood Parents Network. Adults only. 

RSVP required: Amy Knowlden at knowlden@earthlink.net or (510) 526-4044.  

$5 NPN Members and $10 for Non-Members.  

Berkeley Peace Walk and Vigil 

6:30 pm 

BART Station, Shattuck & Center 

Weekly candle-lit vigil and peace walk to raise 

awareness and gather support for opposition to the 'war on terrorism' 

vigil4peace@yahoo.com, (510) 528-9217 

Thursday, June 20

Robert Fisk 

7 p.m. 

First Congregational Church, 2345 Channing Way  

Middle East Correspondent of the London Independent, in a benefit to rebuild Jenin refugee camp  

510-548-0542.  

$20 at Codys, Black Oak, Walden Pond and Modern times, or at WWW.MECAFORPEACE.ORG. 

"Women in War" 

7 to 9 p.m. 

University of Creation Spirituality, 2141 Broadway, Oakland 

An evening with international women's rights activist Zainab Salbi 

(510) 835-4827 ext. 29 

Suggested Donation $10-$15 

Pride Mass 2002 

7 p.m. 

Newman Hall-Holy Spirit Parish, 2700 Dwight Way 

LGBT Catholics celebrate 10 years towards creating a more inclusive world. 

(510) 663-6302 

www.calnewman.org 

Free 

Berkeley Camera Club Weekly Meeting 

7:30 p.m. 

Northbrae Community Church, 941 The Alameda 

Share slides, prints with other photographers 

(510) 525-3565 

Free 

Simplicity Forum 

7 to 8:30 p.m. 

Claremont Branch Library, 2940 Benvenue Ave. 

Discussion on how to lead a more simple life 

(510) 549-3509, or www.simpleliving.net 

Free 

Senior Men's Afternoon 

Pacific Center 

2712 Telegraph Ave. 

Gay senior men discussion group, 2nd & 4th Thursdays. 

510-548-8283  

Free 

Freedom From Tobacco 

5:30-7:30 Thursday Evenings, June 6-July 18 

South Berkeley Senior Center 

2939 Ellis Street  

A quit smoking class 

(510) 981-5330 

QuitNow@ci.berkeley.ca.us 

Friday, June 21

Paramount Movie Classics  

The Mummy, with Boris Karloff, 1932 

Doors at 7, Mighty Wurlitzer at 7:30, Newsreel, Cartoon, Previews, and Prize give-away game Dec-O-Win and feature Film 

2025 Broadway 

Oakland  

$5 

"Understanding the Achievement  

Gap in the BUSD" 

11:45 for lunch. Speaker begins 12:30 

Berkeley City Club, 2315 Durant Ave. 

Shirley Issel, MSW,  

president of the Berkeley Unified  

School District 

$11.00/$12.25, students free. 

Berkeley Women in Black 

Noon to 1 p.m. 

Telegraph and Bancroft 

A vigil for peace for Palestine and Israel 

(510) 548-6310, or www.wibberkeley.org 

Saturday, June 22

Celebration of Solidarity with the People of Afghanistan 

7:30 p.m. 

Trinity United Methodist Church, 2363 Bancroft Way 

Live music and slide presentation by Rona Popal. Benefits a widows project and orphanage in Afghanistan 

(510) 883-9252 

$10-$30 

Summer Solstice Celebration 

10 a.m. to 3 p.m. 

Berkeley Farmers' Market, Center St. and MLK Way. 

Live music, crafts, and summer solstice ritual. 

(510) 548-3333 

Free 

Emergency Preparedness Classes in Berkeley 

Disaster Mental Health: Learn about disaster-related emotional reactions. 

9 a.m. to noon 

997 Cedar Street 

981-5605 

Free 

Town Hall Meeting 

9:30 a.m. to noon  

East Oakland Youth Development Center, 8200 International Boulevard 

Congresswoman Barbara Lee on affordable housing with housing specialists and bank representatives 

(510) 763-0370 for reservations 

Sunday, June 23

Debt Cancellation for  

Impoverished Countries 

Noon 

The Fellowship of Humanity, 390 27th St. Oakland 

Tony Littmann gives us a brief overview on the causes and effects of the Third World debt crisis 

(510) 451-5818 or HumanistHall@yahoo.com 

Triaxium West and Aaron Rosenblum 

8 p.m., ACME Observatory 

Acme Observatory's home at Tuva Space, 3192 Adeline  

Admission is $0 to $20, sliding scale 

Monday, June 24

Shakespeare Festival Auditions 

10 a.m. to 1 p.m. 

Berkeley Rehearsal Hall, 701 Heinz Ave. 

California Shakespeare Festival is looking for people aged 14-18 to appear in The Winters Tale. 

(510) 548-3422 ext. 105, or www.calshakes.org 

Tuesday, June 25

Vigil Opposing the Sanctions  

Against the People of Iraq 

12 p.m. 

Oakland Federal Building,1301 Clay Street 

(510) 548-4141 

Berkeley Camera Club Weekly Meeting 

7:30 p.m. 

Northbrae Community Church, 941 The Alameda 

Share slides, prints with other photographers 

(510) 525-3565 

Free 

Magic School Bus Festival 

10:30 a.m. to 1:30 p.m. 

Lawrence Hall of Science 

Video Adventures. Other events for kids take place every Wednesday through August 21. 

(510) 643-5961 

$8 for adults, $6 for ages 5-18, seniors and disabled, $4 for children 3-4, free for children under 3. 

Wednesday, June 26

Berkeley Peace Walk and Vigil 

6:30 pm 

BART Station, Shattuck & Center 

Weekly candle-lit vigil and peace walk to raise 

awareness and gather support for opposition to the 'war on terrorism' 

vigil4peace@yahoo.com, (510) 528-9217 

Thursday, June 27

The Lost Spacecraft: 

Liberty Bell 7 Recovered 

10 a.m. to 2 p.m. 

Chabot Space and Science Center, 10000 Skyline Blvd. Oakland 

Preview new exhibit of resurrected 1961 spacecraft 

RSVP June 20, (415) 864-6397 or news@davidperry.com 

Friday, June 28

Paramount Movie Classics-  

The General (1927), starring Buster Keaton, a silent film with live Wurlitzer organ accompaniment by Jim Riggs, playing his original score. 

Doors at 7, Mighty Wurlitzer at 7:30, Newsreel, Cartoon, Previews, and Prize give-away game Dec-O-Win and feature Film 

2025 Broadway 

Oakland  

$5 

Berkeley Women in Black 

Noon to 1 p.m. 

Telegraph and Bancroft 

A vigil for peace for Palestine and Israel 

(510) 548-6310, or www.wibberkeley.org 

Politics in Sacramento 

11:45 for lunch. Speaker begins 12:30 

Berkeley City Club, 2315 Durant Ave. 

Dion Aroner, Assemblywoman 

$11.00/$12.25, students free. 

"Really Rosie" Kids  

Theater Performances 

7:30 p.m.  

Epworth United Methodist Church, 1953 Hopkins Street in North Berkeley 

"Kids On Stage" Stage Door Conservatory's " programs presents musical theater performances by kids, for kids 

510-527-5939 or StageDoorCamp@aol.com. 

Free 

Saturday, June 29

Know Your Rights Training 

11 a.m.- 2 p.m. 

Copwatch Office, 2022 Blake St. Berkeley 

Learn what your rights are and how to observe the police effectively and safely; hosted by Copwatch. 

For more information: (510) 548-0425 

Free 

Emergency Preparedness Classes in Berkeley 

Disaster First Aid: Learn to apply basic first aid techniques. 

9 a.m. to noon 

997 Cedar Street 

981-5605 

David Brower Day 

10 a.m. to 3 p.m. 

Berkeley Farmers' Market 

Center Street at Martin Luther King, Jr. Way 

Free 

Stanford Jazz Festival 

June 29-August 10 

Early Bird jazz for kids and families with Jim Nadel & Friends 

10:30 a.m. kids 7 & under, 11:30 a.m. kids 8-12 

Campbell Recital Hall, Stanford Campus  

Free 

Maybeck High School  

30th anniversary  

6 p.m. to 10 p.m.  

Piedmont Community Hall, 711 Highland Avenue, Piedmont 

Call 510-841-8489 for reservations 

Tuesday, July 2

Adopt A Special Kid (AASK) 

7 p.m. to 9 p.m. 

7700 Edgewater Drive, suite 320, Oakland 

A workshop for singles or couples, gay and lesbian, experienced or older parents, interested in adoption. 

(510) 533-1747, ext. 12, or www.adoptaspecialkid.org 

Free 

Saturday, July 6

Capoeira Batizado 

2-6 p.m.  

Capoeira Arts Cafe, 2026 Addison, Berkeley 

A celebration of Capoeira with performances by local arts organization. 

For more information: (510) 666-1255, www.capoeiraarts.com 

Free 

Marin Classic Theatre presents "Born Yesterday" 

8 p.m. Thursdays, Fridays and Saturdays; 2 p.m. Sunday matinees; 7 p.m. Sundays 

A bittersweet comedy by Garson Kanin. 

For more information: (415) 892-8551, www.MCTheatre.com 

$18 evening performances, $15 matinees 

Thursday, July 11

Great Sierra Backpacking  

Destinations 

REI Berkeley, 1338 San Pablo  

Karen Najarian of Sierra Wilderness Seminars presents slides from her more that 20 years exploring the Sierra Backcountry. 

For more information: (510) 527-4140 

Free 

Saturday, July 13

Peach / Stone Fruit Tasting 

Tasting & cooking demonstrations 

10 a.m. to 3 p.m. 

Berkeley Farmers' Market 

Center Street at Martin Luther King, Jr. Way 

Free 

15th Anniversary Derby Street Farmers Market 

Live music and & stone-fruit and peach tasting 

Tasting & cooking demonstrations. 

Berkeley Farmers' Market 

10 a.m. to 3 p.m. 

Derby Street at Martin Luther King, Jr. Way  

Free 

Festival of New Versions of Classic Asian Games 

noon to 5 p.m 

Dr  

Comics and Mr Games, 4014 Piedmont Ave. in Oakland  

Dr Comics and Mr Games Hosts Game a festival featuring two new versions of classic Asian board games 

(510) 601-7800 

Sunday, July 14

Hands-on Bicycle Repair  

11 a.m.-12 

REI Berkeley, 1338 San Pablo 

Learn from an REI bike technician basic bike repairs such as brake adjustments and fixing a flat. 

For more information: (510) 527-4140 

Free 

Family Health Day 

11 a.m. to 5 p.m. 

4th and University Ave. 

Explore health concerns in a family oriented environment 

Free 

Tuesday, July 16

Berkeley Camera Club Weekly Meeting 

7:30 p.m. 

Northbrae Community Church, 941 The Alameda 

Share slides, prints with other photographers 

(510) 525-3565 

Free 

Thursday, July 18

Mystique of the Widerness 

7 p.m. 

REI Berkeley, 1338 San Pablo 

Phil Arnot presents slides from over 50 years of exploring such places as Alaska, New Zealand, the Sierra and the Rockies. 

For more information: (510) 527-4140 

Saturday, July 20

Emergency Preparedness Classes in Berkeley 

Earthquake Retrofitting: Learn how to strengthen your wood frame home. 

10 a.m. to 5 p.m. 

812 Page Street 

981-5605 

Free 

Thursday, July 25

California Landscapes: A Geologist's Perspective 

7 p.m. 

REI Berkeley, 1338 San Pablo 

John Karachewski presents an educational slideshw on such amazing places as the Sierra Nevada, Coast Ranges the Great Valley and Cascades 

For more information: (510) 527- 4140. 

Free 

Saturday, July 27

Test Ride Kestrel Bicycles 

11 a.m.-1 p.m. 

REI Berkeley, 1338 San Pablo 

Preston Sandusky of Kestrel, a premier manufacturer of high-end, carbon-fiber road and mountain bikes, intrduces their latest design. 

For more information: (510) 527-4140 

Free 

Sunday, July 28

Hands-on Bicycle Repair  

11 a.m.-12 

REI Berkeley, 1338 San Pablo 

Learn from an REI bike techician basic repairs such as brake adjustments and fixing a flat. 

For more information: (510) 527-4140 

Free 

Wednesday, July 31

Mountain Adventure Seminars: Introduction to Rock Climbing 

7 p.m.-9 p.m. 

REI Berkeley, 1338 San Pablo 

An introduction to rockclimbing including knot tieing, belaying and movement. 

For more information: (209) 753-6556 

$115 REI members; $125 non-members 

Saturday, August 3

Mountain Adventure Seminars: Introduction to Rock Climbing 

8 a.m.-3 p.m. 

REI Berkeley, 1338 San Pablo 

An introduction to rockclimbing including knot tieing, belaying and movement. 

For more information: (209) 753-6556 

$115 REI members; $125 non-members 

Saturday, August 10

Tomato Tastings 

10 a.m. to 3 p.m. 

Berkeley Farmers' Market 

Center Street at Martin Luther King, Jr. Way 

Tastings and cooking demonstrations  

Free 

Sunday, August 11

Hands-on Bicycle Repair 

11 a.m.-12 

REI Berkeley, 1338 San Pablo 

Learn from an REI bike technician basic repairs such as brake adjustments and fixing a flat. 

For more information: (510) 527-4140 

Free 

West Berkeley arts Festival 

11 a.m. to 5 p.m. 

4th and University Ave. 

Explore the many resident artists located in Berkeley 

Free. 

Tuesday, August 13

Tomato Tasting 

Tasting & cooking demonstrations 

Berkeley Farmers' Market 

10 a.m. to 3 p.m. 

Derby Street at Martin Luther King, Jr. Way  

Free 

Berkeley Camera Club Weekly Meeting 

7:30 p.m. 

Northbrae Community Church, 941 The Alameda 

Share slides, prints with other photographers 

(510) 525-3565 

Free 

Sunday, August 18

Hands-on Bicycle Repair 

11 a.m.-12 

REI Berkeley, 1338 San Pablo 

Learn from an REI bike technician basic repairs such as braqke adjustment and fixing a flat. 

For more information: (510) 527-7470 

Saturday, August 24

Cajun & More 

Four Live Bands, crafts fair, Cajun food, dance lessons, micro-brewery beer & dance floor. 

10 a.m. to 3 p.m. 

Berkeley Farmers' Market 

Center Street at Martin Luther King, Jr. Way 

Free 

Saturday, September 8

Watershed Environmental Poetry Festival 

10 a.m. to 3 p.m. 

Berkeley Farmers' Market 

Center Street at Martin Luther King, Jr. Way 

Free 

Sunday, September 15

Heritage Day 

11 a.m. to 5 p.m. 

4th and University Ave. 

International BBQ and beer festival 

Free 

Saturday, October 12

Indigenous People's Day Pow Wow, Indian Market & Fall Fruit Tasting 

10 a.m. to 6 p.m. 

Berkeley Farmers' Market 

Center Street at Martin Luther King, Jr. Way 

Free 

Tuesday, October 15

Fall Fruit Tasting 

Berkeley Farmers' Market 

10 a.m. to 3 p.m. 

Derby Street at Martin Luther King, Jr. Way  

Free 

Saturday, October 26

Pumpkin Carving & Costume Making 

10 a.m. to 3 p.m. 

Berkeley Farmers' Market 

Center Street at Martin Luther King, Jr. Way 

Free 

Sunday, October 27

Spirit Day 

11 a.m. and 5 p.m. 

4th and University 

Construct altars in a day of reflection 

Free 

Saturday December 7, 14, 21

Holiday Crafts Fair 

10 a.m. to 3 p.m. 

Berkeley Farmers' Market 

Center Street at Martin Luther King, Jr. Way 

Free 

Saturday December 14

Holiday Crafts Fair 

10 a.m. to 3 p.m. 

Berkeley Farmers' Market 

Center Street at Martin Luther King, Jr. Way 

Free 

Saturday December 21

Holiday Crafts Fair 

10 a.m. to 3 p.m. 

Berkeley Farmers' Market 

Center Street at Martin Luther King, Jr. Way 

Free 

SAN FRANCISCO — Barry Zito pitched into the seventh inning for his eighth straight victory, and Adam Piatt drove in the go-ahead run as the Oakland Athletics won the Bay Bridge series, beating the San Francisco Giants 2-1 Sunday. 

Oakland took two of three on the weekend from its cross-bay rival with another outstanding performance from Zito (9-2), who gave up four hits and struck out five in 6 2-3 innings, pitching out of big jams in the fifth and sixth. 

Randy Velarde hit his 100th career homer for the A’s, who won for the ninth time in 10 games. 

Oakland’s bullpen also got the job done, particularly when Chad Bradford intentionally walked Barry Bonds with nobody on base in the eighth. Bradford then got Jeff Kent to ground into an inning-ending double play. 

Billy Koch pitched the ninth for his 15th save. 

The A’s improved the majors’ best interleague record to 58-37 with their eighth win in nine interleague games this season. San Francisco still holds a 15-14 edge in the rivalry between the teams, who meet again at the Coliseum in two weeks. 

David Bell homered off Zito in the second, but the Giants didn’t do enough to help Kirk Rueter (7-5), who allowed nine hits in seven innings. Rueter has lost four of his last five after a 6-1 start. 

Piatt’s fifth-inning single brought home Terrence Long with Oakland’s second run. It was part of the A’s only prolonged rally against Rueter, but Reggie Sanders threw out Velarde at home to end it. 

The A’s won despite a miserable day on the basepaths. Long, Velarde and Eric Chavez all were thrown out trying to take an extra base. 

Oakland’s franchise-record streak of 12 straight errorless games ended in the fifth inning, when Zito overthrew first base after Rueter’s sacrifice bunt. But Zito, who hasn’t lost since April 30, got out of that trouble, then survived the sixth after walking Bonds and Kent to open the inning. 

Even Bonds had no luck against Zito’s curveball, going 0-for-2. Later, he disgustedly went to first when Bradford intentionally walked him in the eighth, but Kent tapped into a double play.

City should provide easier access to information, critics say 

A group of city officials and citizens last week pushed forward their intent to bring a Sunshine Ordinance to Berkeley and, in doing so, open up the city’s information airways. 

Sunshine commonly refers to legislation that, under the Brown Act and the California Public Records Act, protects a citizen’s right to access public information and outlines the guidelines requiring local legislators to have open government meetings and public agendas. 

The Berkeley Citizens Sunshine Coalition, meeting last Thursday evening, said they want a measure implemented in Berkeley similar to those passed in Oakland, San Francisco and Contra Costa County. 

“The coalition is concerned now with identifying where the problems are and adding a sense of urgency,” said Peter Sesame, a member of the Society of Professional Journalists, who helped initiatives pass in San Francisco and Oakland. 

There have been similar grassroots attempts in Berkeley to free up information, but Sesame said other attempts came primarily from citizens groups, while this effort is headed by city officials. 

City councilmembers Mim Hawley and Kriss Worthington attended the meeting as did city commissioners John McBride, Lauren Moret and LA Wood. 

On the issue of obtaining public records, Wood expressed difficulty in getting the city to turn over documents, namely when he tried to obtain a report on arsenic and treated wood from the city’s Parks Department. 

He believes he should not, as he eventually did, have to file a Public Records Request to obtain the information. “Everyone should have equal access (to public records), and that is not the case,” he said. 

Worthington also weighed in on the city’s information process. He pointed out that people can watch City Council meetings on television, but viewers do not know the content of what is being discussed because city reports are not widely available. 

The written reports are available at the public library, but the coalition agreed that the community would be better served if the reports were available on the Internet as well. Berkeley resident Judith Scherr called the reports “wonderful information for citizens who want to participate and understand their local government.”  

Some city officials, though, believe that the rights of the citizens of Berkeley are sufficiently protected by the Brown Act and the California Public Records Act, and that a Sunshine Ordinance would be redundant. 

Manuela Albuquerque, city attorney since 1985, does not believe that a Sunshine Ordinance is necessary for Berkeley. She believes that what is stipulated in Contra Costa’s Sunshine Ordinance is, for the most part, already practiced in Berkeley.

To the Editor: 

After corresponding with the city manager on the subject of ethical lapses at the Planning Department with respect to the staff report prepared for the Council’s May 7 public hearing on the project proposed for 2517 Sacramento Street, I seem to have arrived at an impasse. 

The city manager has indicated that reasonable people can arrive at differing conclusions based on the same facts. I agree, but in this case the people involved either did not share the same facts or the facts were distorted so as to reflect partial truths or were simply misrepresented altogether, thereby skewing a reasoned outcome. Given the common direction toward which these distortions and misrepresentations drew, the facts and figures were apparently intended to accomplish a particular result: the approval of the proposed project. I believe that the evidence for the assertions I have made is strong, meriting an examination of the circumstances and the facts so as to ascertain what did, in fact, transpire. 

I am disappointed that the city manager has not found these allegations worth further consideration. I am alarmed that the mediation to which his May 31 letter pointed as an example of the City Council’s concern "to effectively listen to and accommodate differing perspectives" was abruptly terminated without warning to the parties or even the mediator, mid-process. This event raises further concerns about the ethical and professional conduct of the planning staff with respect to the mediation process and the manner in which its progress was reported to the council. 

The city manager’s May 31 letter excused the rapidity of council action by explaining that "the time line for review of this project by both the Zoning Adjustments Board and City Council was accelerated by the State of California’s schedule for tax credits," which is absolutely incorrect, as the appellant had provided clear evidence from the state that the due date for tax credits was July 16, 2002, leaving adequate time for resolving the issues raised by the appeal. The city manager’s letter continued, acknowledging that "this hampered the City’s ability to have as full a community discussion as we would like"—I should say so. The community would have appreciated a proper and equitable mediation process, rather than one unexpectedly amputated. It is not at all clear that staff reported to council candidly on May 28. 

Howie Muir 

Berkeley

LOS ANGELES (AP) — Billionaire backers poised to build a downtown stadium to lure a professional football team back to Los Angeles abruptly abandoned their plans, according to published reports. 

The Anschutz Entertainment Group said investors did not want to compete with a $1 million bid by boosters of the Los Angeles Memorial Coliseum in the quest for a National Football League team, the Los Angeles Times and Daily News of Los Angeles reported Saturday. 

The Rose Bowl in neighboring Pasadena also is making an NFL bid. 

“We made this pretty clear to the Coliseum from the start, and when we were told we might have a challenge and some competition, we said, ‘We wish you the best and if you do that we will get out,’ and we’re going to do that,” Anschutz group president Tim Leiweke said. 

“Unfortunately, this is just all too predictable, and the people who will lose are the football fans. We believe we had made great progress and were close to a deal with the NFL and that teams were interested,” Leiweke added. 

Although it had the backing of Mayor James K. Hahn, the new stadium plan drew criticism from lawmakers and others who feared taxpayer funds would be used to pay for the $450 million, 64,000-seat facility. 

Leiweke also said the decision was based partly on the debate involving proposed secession of the San Fernando Valley and Hollywood. 

“We didn’t want to be used by either side in that and didn’t want to see this hurt the efforts by the mayor to keep the city together,” Leiweke said. 

Anschutz is made up of billionaires Phillip Anschutz of Denver, Eli Broad and Ron Burkle; Los Angeles Avengers arena football owner Casey Wasserman; and real estate magnate Ed Roski Jr. 

Their announcement came the day after Leiweke and Wasserman gave a downtown business group more details on a proposed stadium site. 

City Councilman Mark Ridley-Thomas, whose district includes the Coliseum and who is a member of the Coliseum Commission, called the announcement nothing more than a business decision. 

“This doesn’t surprise me. The NFL didn’t give them any assurances, not one single assurance, and the Coliseum has always been there,” he said. 

County Supervisor Zev Yaroslavsky, who threatened legal action against the city’s redevelopment plan involving the stadium site, questioned the commitment to the project. 

“If this is all it took to collapse this proposal, it couldn’t have had much merit,” Yaroslavsky said. 

Los Angeles has been without a professional football team since 1995, when the both the Rams and Raiders left Southern California. 

Thousands of residents from the Bay Area gathered in south Berkeley Sunday for the Juneteenth Festival, celebrating African American history, culture and the end of slavery. 

The weekend’s arts, crafts, food, music and multi-cultural activities, attended by hundreds, come as the emerging Adeline Street Corridor is in the midst of certain, though gradual, transformation. The festival is just one of many examples of how neighbors and city officials are looking to give the neighborhood a boost to its economy and its identity. 

Community leaders, business owners and attendees of the festival say some change has been made to the historically struggling section of town but that more work needs to be done. 

According to Sean Vaughn Scott, executive director of the Black Repertory Theatre on Adeline Street, change is a necessary part of the growth of the district. But Scott says he does not want to see the area change so much that it loses its distinct and local character. 

“I don’t want to see this area become a 4th Street,” he said. 

Scott would like to see the theater, which featured a jazz set, barbecue and a number of performances in celebration of the Sunday’s Juneteenth festival, become a center for meetings between local business owners and city officials. 

Houshi Ghaderi, owner of the Vault Cafe on Adeline Street, where the current merchant association meetings take place, says that though efforts have been made, revitalization is a slow process. 

“There has been some slow change but it takes all of the merchants together to get it going. There have been some merchants that have been really dedicated to the process,” Ghaderi said.  

Ghaderi says that he has a steady group of local customers and even some from the Berkeley hills who enjoy the health conscious selection of pastas and salads at the family style cafe. While Ghaderi says that he has not seen a significant increase in customers as a result of revitalization efforts he feels that both the city and the police department have worked to improve the area.  

“The police have really been working on crime in the area,” Ghaderi said. "They’ve definitely been doing a lot of work but it take a long time to change things. You’ve just got to be patient." 

Merchants say that the neighborhood’s reputation in the past for criminal activity has caused developers to shy away. The Berkeley Police Department has cited the intersection of Fairview Street and Adeline as a high crime area. 

“It’s not a struggle but it’s definitely a challenge,” Ghaderi admits. 

Sunday’s Festival provided west Berkeley resident Artensia Bary an opportunity to enjoy the afternoon and see some of the changes to south Berkeley. 

“Today has been really exciting and really educational. I know they’ve added a retirement home and free senior clinic and a few apartments in the neighborhood but it’s still been a very slow, gradual change,” Bary said. 

For Thomas Maxwell, Berkeley resident for more than 40 years, Sunday was a chance to celebrate African American history and freedom from slavery. According to Maxwell, the district does not need wholesale change though fixing a few pot holes would be nice. 

“ I think most of the local businesses are pretty established and will stay around,” Maxwell added. 

Other groups attending the day-long celebration included the South Berkeley Neighborhood Development Corporation, the Lawrence Hall of Science, the Wee Poets television poetry program and the Berkeley Police and Fire departments.

To the Editor: 

Howie Muir's latest opinion piece repeats a point he has made many times: He opposes new housing in Berkeley because we are denser than Oakland and most other California cities. He has read the latest census figures, but he obviously has never looked at density in historical perspective. 

Berkeley is lower density than any nineteenth century American city or town. Densities went down dramatically during the last century, as America was rebuilt around the automobile. During most of the twentieth-century, California was famous world-wide for building low-density cities where you could not live without an automobile. For balance, if we compare Berkeley's density with automobile-oriented California cities, like Los Angeles, we should also compare it with pedestrian-oriented European cities. 

Berkeley is only 15 percent to 25 percent as dense as traditional European cities, which were built when walking was the only form of transportation. I'm sure that some of our anti-density extremists enjoy vacationing in Paris, which is almost seven times as dense as Berkeley. Some European visitors are shocked when they see Berkeley. They say that they expected it to be a city, but it is actually a suburb. So, Berkeley looks high-density compared to auto-oriented suburbs, and it looks low-density compared to older pedestrian-oriented cities. 

The question is: Do we want to keep our current auto-dependent densities or do we want to move toward higher densities that support walking and public transportation? We do not have to follow the European model. If we just develop major transit corridors with housing above shopping, that would be enough to make walking an option in most of Berkeley. Currently, most parts of Berkeley are so low density that people have no shopping within walking distance, so they drive every time they leave the house. 

Howie Muir has become more of a politician. In the past, he used to say that Berkeley was already dense enough, and we should not build any new housing here. Now, he is trying to put a more positive spin on his initiative, by saying it would allow some development. In fact, if Berkeley's new housing were scaled down to the densities the initiative requires, most of it would no longer be economically feasible. 

The real goal of the height initiative is to stop new housing from being built. Yet if we build housing over shopping on streets that are now ugly strip malls, it would strengthen neighborhoods by providing local shopping that people walk to. It would reduce urban sprawl and preserve open space. It would conserve fuel and reduce greenhouse gas emissions. 

Charles Siegel 

Berkeley

LAS VEGAS — The Professional Rodeo Cowboys Association approved a number of changes aimed at attracting more fans and contestants. 

Among the proposals approved were ones creating a bull riding tour and a similar one of reigning champions. In addition, directors relaxed the minimum number of rodeos contestants must enter and formed a national advisory board. 

“The PRCA board of directors, after a long and thorough examination of many issues, passed far-reaching initiatives that will position ProRodeo in a positive light for the future,” Commissioner Stephen J. Hatchell said in a release Friday. 

The addition of a bull riding tour is the PRCA’s answer to widely popular tours staged by other groups that focus exclusively on bulls. 

The PRCA’s bull riding tour will begin in 2003 with a minimum of 12 dates, using existing rodeos and culminating with a two-day championship in December. 

Money won will count toward the season-long bull riding standings but not the all-around standings. 

The top 12 contestants in each event in the final 2003 standings will compete in an exclusive tour in 2004, again using existing rodeos. 

A nationwide advisory board was established to provide guidance on “global” issues, including political, financial and marketing matters.

Northern California man held 

for alleged ties to al-Qaida 

OAKLAND — A Pakistani native being held without bail for immigration violations has ties to a man convicted of a 1995 plot to blow up 11 U.S. airliners, immigration officials said. 

Nasir Ali Mubarak, 34, came to the United States more than 10 years ago to attend flight school. Immigration and Naturalization Service officials say he has ties to Abdul Hakim Murad, a man said to have admitted having connections to Osama bin Laden. 

Mubarak’s lawyer Marc Van Der Hout said Mubarak admits to having met Murad in 1991, but denies having any connections to terrorist organizations. 

Mubarak lives in Corning, about 170 miles northeast of San Francisco, and was arrested by the FBI two weeks ago. Mubarak’s visa has expired, but no criminal charges have been filed against him. 

The FBI did not immediately return calls from The AP Sunday seeking comment on Mubarak’s case. 

INS officials filed a motion last week, seeking to deny Mubarak bail while his deportation case is pending. 

Murad was Mubarak’s roommate at flight schools in New York, North Carolina, Texas and California from 1991 to 1992, but Mubarak said he didn’t know Murad was involved in terrorism until he read about his prosecution. He said he had not seen or talked to Murad since 1992. 

Mubarak said the FBI came to his airplane repainting business hours after the Sept. 11 attacks to question him. 

He told the San Francisco Chronicle that he had on several occasions voluntarily talked to the FBI and offered his language skills to the FBI and the CIA. 

Vehicle fatalities 

PACIFICA — Authorities released the identities Sunday of the woman and her 9-year-old son who both died a day earlier after their car crossed the dividing line on Highway 1 just north of Devil’s Slide. 

Laurence Foucher, 38, of Pacifica, and her son Joseph Niland, 9, were both declared dead at the scene of the crash Saturday. 

Police said Foucher’s sport utility vehicle rolled over after swerving out of her lane at about 10 a.m. 

A second accident Saturday evening killed three members of a family and injured five others. The driver of the van went off Highway 680 near Benecia. 

The van’s driver was later found with nitroglycerin pills in his pocket, sheriff’s deputies said.

Today is Monday, June 17 , the 168th day of 2002. There are 197 days left in the year. 

Highlight in History: 

Thirty years ago, on June 17, 1972, President Nixon’s eventual downfall began with the arrest of five burglars inside Democratic national headquarters in Washington D.C.’s Watergate complex. 

On this date: 

In 1775, the Revolutionary War Battle of Bunker Hill took place near Boston. 

In 1856, in Philadelphia, the Republican Party opened its first convention. 

In 1885, the Statue of Liberty arrived in New York City aboard the French ship Isere. 

In 1928, Amelia Earhart embarked on a trans-Atlantic flight from Newfoundland to Wales — the first by a woman. 

In 1940, France asked Germany for terms of surrender in World War II. 

In 1948, a United Air Lines DC-6 crashed near Mount Carmel, Pa., killing all 43 people on board. 

In 1963, the Supreme Court struck down rules requiring the recitation of the Lord’s Prayer or reading of biblical verses in public schools. 

In 1969, the raunchy musical review “Oh! Calcutta!” opened in New York. 

In 1971, the United States and Japan signed a treaty under which the United States would return control of the island of Okinawa. 

In 1991, the remains of President Zachary Taylor were briefly exhumed in Louisville, Kentucky, to test a theory that Taylor had died of arsenic poisoning. The results showed his death was from natural causes.

SAN BERNADINO— A fast-moving wildfire burned 3,500 acres of rugged forest land Sunday and caused the temporary closure of Interstate 15 in San Bernadino, fire officials said. 

About 700 firefighters were dispatched to battle the blaze that broke out Sunday about 3 p.m. and spread to both sides of the highway near Cajon Blvd. 

Buffeted by hot, dry winds, the fire spread quickly in a mostly northeasterly direction, jumping the freeway at least twice, authorities said. Flames passed over cars in places. 

The fire raced up Cleghorn Canyon, which is lined by dry brush that has not burned since 1994, authorities said. 

The fire grew from 100 acres at 4 p.m. and covered more than 3,000 acres by nightfall, said Fran Colwell of the U.S. Forest Service in San Bernadino. Firefighters in the late afternoon were battling the flames in 92-degree heat from seven air tankers, four helicopters and 45 engines on the ground, Colwell said. 

The rugged terrain frustrated firefighters’ attempts to draw a line around the fire on the ground, Colwell said. Firefighters by 9 p.m. had the blaze 10 percent contained. 

Some structures were threatened in the Oak Hills and Summit Valley communities. A voluntary evacuation was in effect in Oak Hills, but fire officials had no estimate on how many people had left their homes. 

The fire slowed after nightfall and it also moved into an area that had burned a few years earlier, said Carol Becklew, of the U.S. Forest Service. 

Interstate 15 was closed for several hours Sunday night, but both sides were reopened after 8 p.m. Highway 138 remained closed in both directions as it neared I-15. 

The closure snarled traffic and some drivers crossed center dividers and freeway shoulders, keeping police, fire and Caltrans vehicles from getting through, said Officer Karen Faciane, of the California Highway Patrol. Other desperate drivers drove down railroad tracks. 

The blaze was threatening a radio tower, but no other buildings were threatened, said Karen McKinley, spokeswoman for the San Bernadino National Forest. 

The cause of the fire was under investigation, McKinley said. 

Meanwhile, fire officials expect to fully contain a wildfire that destroyed five homes and forced evacuations of 200 people in Lake Isabella by Tuesday. 

The blaze by Sunday afternoon was at least 50 percent contained. Firefighters faced hot weather and winds of up to 15 mph as they battled the fire that exploded from a few acres to 3,500 acres. 

The fire, which started Saturday about 1 p.m., abated after sundown and residents were allowed to return home at night, said Kern County Fire Department spokesman Chris Cagle.

SAN FRANCISCO — A suicide note left by a teen-age girl who fatally shot herself in January has led to the arrest of a neighbor, charged with molesting her and another neighborhood girl. 

Richard Hayes Stone, an engineer at National Semiconductor and a volunteer student mentor at Santa Clara High School, is being held at Santa Clara County Jail on $1 million bail and is expected to enter a plea Tuesday. 

He was arrested May 31 and arraigned Wednesday on two counts of lewd acts with children under 14. 

Police said they have determined that Stone, 64, molested the 14-year-old girl, as well as a 12-year-old friend of hers. 

The Sunnyvale girl left a note to her parents and sisters that read: “You’re probably thinking that a normal teen-ager doesn’t do this, well ask Dick! Please forgive me.” Police say they believe the name “Dick” referred to Stone.

SACRAMENTO — Students at the CHESS/SUCCESS Academy, an elementary school for at-risk kids, will get a big surprise when they return to school in the fall. 

A new computer lab, complete with 50 computers, will have replaced their old lab that consisted of just bits and pieces of older computers that hardly worked. 

“They were good for playing games,” said Principal Ed Watkins. “That’s about it.” 

The “new” computers come from an unlikely source — they were built by California prison inmates through a program that Watkins called the school’s “greatest chance for getting a decent lab.” 

Watkins’ appeal for help in building a better computer lab was answered by the Department of Corrections, which is the largest contributor of free computers to the state’s public schools. 

In the program, which began in 1994, inmates at nine prisons are trained to rebuild and reprogram donated computers. So far, the department has placed more than 85,000 computers in public schools across the state. 

At the same time, inmates such as Mancy Thompson, who spends his days behind the walls of the Folsom State Prison, are working toward getting industry-standard computer certification that will help them get high-paying jobs and stay out of prison. 

About 800 inmates participate in the program and spend 40 hours a week taking classes, studying for the certification tests and refurbishing the computers. Twenty percent of all the computers they finish go to schools near the prisons, and the remainder are distributed evenly around the state. 

Thompson, a 38-year-old former marine who hopes to someday open a computer shop, said he likes the idea that he’s able to do something for kids in disadvantaged communities. 

“I’m in prison for what I did, not who I am,” Thompson said. “Some of our communities, we destroyed. We owe it to ourselves to help rebuild what we helped destroy.” 

The program has faced numerous roadblocks during the eight years it’s been in operation, including the loss of all of its funding, said program coordinator Ray Kirkpatrick. 

In 1997, a one-time Assembly bill gave the CDC $5.5 million for the program, followed by a $4 million federal grant, which they used to buy parts that couldn’t be salvaged from the donated computers, Kirkpatrick said. When that money dried up two years later, the program nearly went under. 

Since then, the program has operated without state money, staying afloat through a partnership with the nonprofit Technology Training Foundation of America, which handles the computer pickups and placement in schools. 

“We need each other,” Kirkpatrick said. “Since we’re a government agency, we can’t provide the tax write-off when someone donates computers. We also can’t purchase parts.” 

The CDC is mandated by law to donate all the computers its inmates refurbish to public schools, while the training foundation, through other refurbishing centers, provides some computers to nonprofit organizations and community centers. 

Jeanette Roache, executive director of the training foundation, said the program is growing stronger and donating more computers each year, but they always have a waiting list of at least 1,000 computers. 

“California still ranks 50th for the ratio of students to every computer,” she said. “That’s not good enough.” 

Roache said the main problems the organization faces are computers with missing parts, such as cords, or corporations that drill holes through the hard drives of their donated computers to erase the stored information.

SACRAMENTO — After 100 hours of contradictory testimony, blame shifting and a couple of balky witnesses, the committee investigating a potentially costly state computer contract is about to wrap up its work — maybe. 

The Joint Legislative Audit Committee has scheduled what the chairman describes as a final hearing Monday on the $95 million, no-bid contract that the state signed last year with the Oracle Corp. 

But at least one Republican member of the committee says the panel should consider holding more sessions. He predicts the other Republican members will agree with him. 

“There is no agreement that Monday is the final date,” said Assemblyman Bill Leonard, R-Rancho Cucamonga. “The overriding question that started the hearings — how could such a contract be negotiated so quickly with so many questionable assumptions and lack of validations — is still unanswered.” 

The long-term deal was supposed to save taxpayers more than $100 million through volume purchasing and maintenance of database software, but the state auditor says it could end up costing up to $41 million more than if the state had stuck to its previous software supply arrangements. 

Oracle stoutly defends the contract as a fabulous deal, but the Redwood Shores-based company has begun talking to the state about how to rescind the agreement. 

Critics complain that state officials never verified Oracle’s claims of big savings before signing the contract. 

The committee’s chairman, Assemblyman Dean Florez, D-Shafter, says Monday will be the final hearing unless there is “startling new information” in the coming weeks. 

“At this point in time there really is no new information. I think everyone has had their fair crack at the witnesses,” he said, noting that some witnesses testified two, or even three, times. 

On Monday, the committee is scheduled to hear from three sales representatives for Logicon Inc., a seller of Oracle products. 

Logicon proposed the contract to the state, was heavily involved in persuading state officials to sign it and is in line to collect $28.5 million if the agreement isn’t thrown out. 

Florez is promising some “very intriguing testimony.” 

“Talking to them is extremely important in understanding what they were trying to accomplish and why it is they got such a huge take,” he said, suggesting it may have been because Logicon had “strong connections” in the administration and Legislature. 

Questioning will touch on a series of e-mails in which a Logicon employee, Rajan Mittu, talked about limiting the amount of background information supplied to the state, Florez said. 

“We plan on giving Kim the least amount of data possible,” Mittu wrote, referring to Kim Heartley-Humphrey, deputy director for acquisitions at the Department of Information Technology. “At this point, giving too much information can only be a bad thing.” 

In an earlier e-mail, Mittu said he wanted to be “careful in presenting any more information” because Debbie Leibrock, head of the Finance Department’s technology investment review unit, might put a “different spin on it.” 

“I don’t want her to turn our message ... into ‘the state should not do this (software) license because they have not been buying enough users over the last three years,”’ he said. 

Completion of the hearings will allow Attorney General Bill Lockyer to move ahead with his investigation to determine if any laws were broken in connection with the deal, Florez said. 

The attorney general’s probe could include two witnesses who refused to testify to Florez’ committee, retired state lawyer Larry Kreig and former Oracle lobbyist Ravi Mehta. 

Florez said both men cited their 5th Amendment right against self-incrimination, although they didn’t specifically mention that amendment. 

The committee dismissed both witnesses rather than to try to compel them to testify by granting them immunity from prosecution. 

The committee expected Kreig to contradict testimony by his former boss, Davis Cabinet member Aileen Adams, about whether he told her about flaws in the contract, but Kreig told a reporter earlier this month that he didn’t give Adams any warning about flaws because “there was nothing to talk to her about.”

MILL VALLEY — With its quaint shops and leafy residential roads, it’s easy to mistake Mill Valley for simply a quiet, upscale bedroom community across the Golden Gate Bridge from San Francisco. 

Truth is, there’s as much wheeling and dealing in this town as in a big-city skyscraper. 

From their Mill Valley homes, Joe Caldwell handles the investment portfolios of millionaire clients, Robin Thompson works with large corporations like Wells Fargo or Oracle, promoting Canada as a meeting destination, and Marilyn Jackson’s computer consultancy clocks in at three clients a day. 

The three are part of a growing contingent of Americans whose commutes consist of a walk down the hall or a jaunt to the converted garage. 

The number of Americans working at home three or more days a week grew nearly 23 percent, from 3.4 million in 1990 to 4.2 million in 2000, according to U.S. Census figures. Mill Valley topped California’s list, with 15.4 percent of its 14,000 residents working at home. 

The census category includes farmers, so South Dakota, at 6.5 percent, leads other rural states atop the nation’s work-at-home list. And the census only partly reflects the growing scope of telecommuting, since millions of others work from home one or two days a week as corporate America has grown to accept more flexible schedules. 

“The biggest constraint was managers letting people telecommute, and that’s diminishing,” said Patricia Mokhtarian, a civil and environmental engineering professor at the University of California, Davis. 

The estimated number of Americans who telecommute at least some portion of the week jumped more than 42 percent in two years, from 19.6 million in 1999 to 28 million in 2001, according to the International Telework Association and Council. Most live in New England and on the East and West coasts in areas with dense populations and notorious traffic congestion, said Tim Kane, the organization’s president. 

More than two-thirds of telecommuters surveyed by the group said they’re more satisfied — or much more satisfied — since they began working at home, Kane said. “They’re saying, ’This is three hours I don’t need to be in the car, and I could be with my kids, pick the dry cleaning, or whatever.”’ 

The changes are evident in Mill Valley, where people armed with laptops, cell phones and personal digital assistants set up shop among the latte-drinkers at the Depot Bookstore and Cafe, its outdoor patio overlooking the town square. 

“I see all kinds of people now — they’re figuring out retail or real estate issues or calling suppliers,” said Peter Graumann, a clerk at the store. “It’s not just the writers and artists anymore.” 

Now that computer firewalls allow secure connections to corporate networks, work-related communication can happen anytime, anyplace. 

“People are amazed they get e-mails from me at 5 a.m. or 10 p.m.,” said Thompson, a manager for the Canadian Tourism Commission, her first full-time telecommuting job in a 20-year hotel industry marketing career. 

Instead of leaving by 6 a.m. to beat the traffic over the Golden Gate, Thompson can be hard at work by dawn. If her 13-year-old daughter needs her during the day, she can complete a chunk of work later in the evening. 

Productivity doesn’t suffer, many telecommuters say. 

“There’s no office chitchat, no ’how was your weekend?”’ Thompson said. “I get a lot accomplished without all the interoffice distractions, and no commute.” 

A computer, phone line, dial-up modem and Internet access are all many telecommuters need. For many home-based small businesses, their storefronts are on the Web and delivery services come to the door. 

As Jackson, owner of mjacksoncomputers.com, puts it: “I’m really not based anywhere. I’m really based in the Internet, which is the tech universe.” 

The computer consultant walks through her rose garden to her workspace in a converted garage. Between e-mails and house calls, she squeezes in a daily 5-mile hike from Mill Valley to the Pacific Ocean, and avoids peak road congestion periods. 

It’s all about regaining a more balanced quality of life. 

“People don’t want to put in the 16-hour days to drive an hour-and-a-half or two from home and then come back,” said Charlie Grantham, chief scientist who telecommutes himself at the Institute for the Study of Distributed Work, a think tank based in Windsor, Calif., in northern Sonoma wine country. “And corporate America is beginning to examine how to use technology to connect the workers they need with the work that needs to be done, regardless of where the workers are located.” 

In fact, of the 8 million business subscribers of broadband services expected this year, more than 60 percent will be for residences, according to In-stat/MDR, a Scottsdale, Ariz.-based market research firm. 

At Cigna Corp., where about 9,000 of the 43,000 employees have arranged with their managers to telecommute, a formal E-Worker program was started two years ago. Already, 2,100 workers have signed up, getting additional training, home-office equipment and technical support. 

Productivity increased by as much as 15 percent, and job turnover rates have been cut nearly in half in some divisions of the Philadelphia-based insurance company. 

Now, Cigna is adding “touchdown spaces” in more of its 250 offices for workers who occasionally need shared offices for meetings or social contact. It also has a call-forwarding system allowing untethered employees to answer their direct lines wherever they are. 

Support services also are adapting. 

At Mill Valley Services, a printing business, owner Dave Semling needs the latest technologies to serve his clients. Last week, a client e-mailed a document, which he printed on a four-color press and then sent to another at-home worker on the East Coast. 

Many companies have come to recognize telework as a recruiting tool. Scimagix Inc. of San Mateo, which does imaging software for drug companies, offers two-day-a-week telecommuting as it competes for engineers. 

“You have to do this to run a business,” said the startup’s co-founder, Bryan Van Vliet, a married father of two young children who now works at home three days a week himself. “You’re looking for a good pool of talent, and you can’t always find someone who lives 10 minutes away.” 

Jackson, the Mill Valley computer consultant, said telecommuting helped her raise and support two children after her husband died of cancer. 

“It made a huge difference to me that when I woke up or that when I came home from school, she was here,” said her oldest child, Noah, a 20-year-old UC Berkeley student. “And being able to eat as a family every night made a big difference, too.”

LOS ANGELES — Fewer Californians were looking for work last month and that pushed down the unemployment rate, not an increase in jobs, according to state employment officials. 

The jobless rate decreased to 6.3 percent from 6.5 percent in April, even as the state economy lost 9,000 jobs, according to the state Employment Development Department. 

With the construction and manufacturing industries losing 14,600 jobs last month, the state unemployment rate remained well above the national average of 5.8 percent. 

The number of people looking for work in California declined in May to 1.1 million, 57,000 fewer than in April. 

The jobless rate a year ago was 5.1 percent. 

Despite the decline in jobs, the EDD forecast that the unemployment rate will stabilize in the months ahead, moving up or down by no more than three-tenths of a percent. 

“The job losses we’ve seen earlier this year have leveled off,” EDD Director Michael Bernick said Friday. 

But Brad Williams, senior economist in the Legislative Analysts’ Office, called the latest numbers disappointing. 

“The question is whether the economy is lifting out of recession or drifting along,” he said. 

With EDD’s survey of employers showing a decline of 9,000 jobs last month and a separate EDD survey of households showing 27,000 fewer Californians holding jobs in May than April, the economy is clearly drifting, Williams said. 

One of the most significant changes registered in May was the decline in Silicon Valley’s jobless rate. In Santa Clara County, joblessness fell to 7.1 percent from 7.6 percent. In San Francisco Country it declined to 6.3 percent from 6.8 percent. 

However, the decrease was largely due to people leaving the region, rather than job growth, Bernick said. 

Parts of Southern California continued to show healthy job activity. The jobless rate stood at 3.6 percent in Orange County and 3.7 percent in San Diego County. 

In Northern California, where the hospitality industry continues to feel the effects of Sept. 11, job seekers with the greatest flexibility are having the most success. 

“Things have been looking a little better,” said Katherine Field of the Oakland Career Center. “We’re still seeing a huge amount of unemployed in Oakland.

SAN FRANCISCO — After his colleagues on the San Francisco’s liberal Board of Supervisors frowned on his plan to cut homeless welfare checks, Gavin Newsom is taking his plan to city residents. 

Newsom wants to put his Care Not Cash measure on the ballot in November. He began asking for signatures Saturday — he’ll need 9,735 names by July 8 to put the measure on the ballot. 

Newsom’s plan, which has been political suicide for his predecessors, would cut the current monthly homeless allowance of up to $395 dollars to $59. 

He wants to cut back the amount of checks, which he said often gets spent on alcohol and drugs. His plan would reallocate the cash allowances toward residential housing, medical services, job training and addiction treatment. 

“We will take nothing away without providing something more, something better,” he said. 

But homeless advocates paint the politician, who’s expected to run next year for mayor, as rich and unsympathetic to the plight of the homeless. The son of a former judge, Newsom owns a winery, a resort and upscale restaurants. 

“He wants to take the money away when people already live in misery,” said Sister Bernie Galvin of Religious Witness for the Homeless. 

Newsom’s plan has taken a beating from fellow supervisors, but Mayor Willie Brown has given the plan his blessing though not an official endorsement. 

Trent Rhorer, chief of the city’s Department of Human Services, said he thinks a change is needed to help handle the city’s homeless. 

“When (a client) is homeless for five years on the streets or in a shelter, how have we improved their lives?” he asked.

SAN FRANCISCO — Just as voters soon will decide who runs California, the thousands of creditors owed money by bankrupt Pacific Gas and Electric Co. are getting their chance to help determine the shape of California’s largest utility when it emerges from Chapter 11. 

It’s a crucial point in PG&E’s 14-month bankruptcy. Already in the mail are roughly 74,000 envelopes stuffed with nearly two pounds of voting materials. Creditors ranging from tree trimmers to major banks to power companies will spend the next eight weeks pondering two competing reorganization plans that both promise full payment of the utility’s $13.5 billion debt accrued during the state’s power crisis. 

Otherwise, they paint wildly different outcomes. 

PG&E hopes to transfer billions of dollars worth of transmission lines, power plants and other assets away from state oversight and into three new companies that would be regulated by the federal government, then borrow against those assets to clear its debts. By contrast, a plan from the state Public Utilities Commission would force PG&E, its shareholders and its ratepayers, to generate money to pay the debts. 

Those who’ve been following the bankruptcy expect an all-out battle as PG&E and the PUC vie for support from voters despite putting forward plans that critics say are legally and financially flawed, respectively. 

“This is the most important event in this bankruptcy and will determine the future course of this company and how long and complex and expensive this process is going to be,” said David Huard, a Los Angeles attorney who heads the western chapter of the Energy Bar Association. 

Both PG&E and the PUC say they plan to “reach out” to creditors to promote the benefits of their respective plans. In a bankruptcy, however, persuading creditors to vote against a competitor is as key as garnering votes for the home team’s plan, Huard said. 

On this particular ballot, creditors can vote for one plan, for both plans, or against both plans. They must indicate a preference if they choose both, to help U.S. Bankruptcy Judge Dennis Montali decide the ultimate outcome at what’s called a confirmation hearing. 

If neither plan garners support from half the creditors and those who hold 2/3 of the claims, it’s back to square one, said U.S. Trustee Linda Stanley, who oversees the administration of bankruptcy cases. 

Moving both plans forward to confirmation gives Montali more options when crafting the outcome, Stanley said. 

The official committee of creditors agrees. The committee’s letter tucked within the 1 pound, 11 ounce ballot packet urges creditors to approve both plans, with the caveat that myriad flaws within both leave the committee unable to have a preference. 

For its plan to succeed, PG&E must convince Montali that federal bankruptcy law allows the utility to disregard state rules and regulations that bar it from, among other things, selling or transferring power plants until 2006. 

The PUC, for its part, must convince skeptics on Wall Street that California’s volatile regulatory climate will stabilize, so that investors and credit-rating agencies alike will have faith enough in PG&E’s future to allow it to borrow the billions it needs to pay the bills. 

The ultimate tiebreaker may be whichever path Montali determines is most likely to restore PG&E’s good credit, Huard said. The state is obligated to buy electricity for PG&E’s customers through the end of 2002. But unless PG&E regains its good credit, lawmakers may be forced to extend that deadline.

LAKE ISABELLA, Calif. (AP) — A wildfire that destroyed five homes and forced evacuations of 200 people in this community northeast of Bakersfield was at least 50 percent contained Sunday. 

Fanned by erratic winds, the flames exploded Saturday from a few acres to 3,500 acres, fire officials said. 

The fire abated after sundown and residents were allowed to return home Saturday night, said Kern County Fire Department spokesman Chris Cagle. 

Fire officials did not know when to expect full containment. They braced for hot weather, 25 percent humidity and winds up to 15 mph. 

The fire broke out just before 1 p.m. Saturday in dry grass and brush near Highway 178 and Borel Canyon Road. The cause of the fire was under investigation, Cagle said. 

Five homes and four vehicles, along with garages, a travel trailer, mobile home, five sheds, two boats and a barn were destroyed. Campgrounds in popular camping areas of Keysville also were evacuated as the fire moved into that area. 

No other buildings were threatened. 

On Saturday, Kern County sheriff’s deputies enforced mandatory evacuations in parts of Bodfish and Lake Isabella. Residents gathered at the town’s senior center, which was converted into a temporary shelter. 

There were no injuries. 

Air tankers and helicopters, along with 250 firefighters battled the blaze. 

Lake Isabella is a resort community of about 3,500 residents in the southern Sierra Nevada about 30 miles northeast of Bakersfield. 

Elsewhere, firefighters contained a wildfire that blackened more than 1,400 acres of rugged forest in Siskiyou County near the Oregon state line. It was expected to be under control by Monday. 

The fire started when a backyard debris fire got out of control, said Penny Melum, a spokeswoman for the Klamath National Forest. 

The blaze burned about 30 miles south of the Oregon state line.

Experts: Nuclear terror would kill few, but harm the American psyche 

LOS ANGELES — A terrorist strike using radioactive materials likely would kill fewer people than the Sept. 11 attacks, but would produce a psychological effect that the country remains unprepared for, nuclear medical experts said. 

Though casualties might be kept relatively low, the country’s health care system remains unprepared to handle mass radioactive contamination, with some hospitals relying on their morgues as emergency treatment areas, doctors said Saturday at the Society of Nuclear Medicine’s annual meeting. 

The most likely scenarios of a terrorist strike using radiation include: exploding a conventional bomb to scatter radioactive debris; attacking a nuclear reactor or supply of nuclear material, or poisoning the water supply, experts said. 

Any case would prove a very effective terror weapon by spreading fear across the entire population. 

“In a ’dirty bomb’ scenario, the psycho-social effect would be vastly greater than the bomb itself,” said Jonathan Links, professor of environmental health sciences at Johns Hopkins University School of Public Health. 

“It’s difficult to kill someone with radiation,” said Henry Royal, a professor of radiology at the Washington University School of Medicine and an expert on managing radiation. 

The worst nuclear accident in history, which occurred in 1986 at Ukraine’s Chernobyl plant, directly killed only 31 people, although many more died from exposure to radiation later. 

“It is inconceivable that a terrorist could get their hands on that amount of radioactive material,” Royal said. 

While casualties might be relatively small, it is essential that after a terrorist strike political agencies work together and officials calculate the risks quickly and inform the public about what they know and what they don’t, Links said. 

The response to the anthrax attacks on the U.S. postal system were the exact opposite to what should have been. There were too many voices, bland reassurances and a habit of getting in front of the facts, said Links, who is helping the city of Baltimore develop an emergency response plan. 

In many ways, a radioactive terrorist strike would be easier to handle than a biological or chemical attack, experts said. 

Most injured patients would not contaminate others, so treatment would not require the kind of extraordinary precautions needed for chemical or biological contamination. 

Radioactive contamination can be washed off, and 90 percent of it will remain on a person’s clothes, Royal said. 

In contrast, the Sarin gas used to attack Japan in 1994 was so contagious that 13 of the 15 treating physicians became sick, he said. 

“If a radiation attack occurs, we need to worry about lifesaving procedures and not decontamination,” he said. 

National security adviser gives commencement speech 

STANFORD — National security adviser Condoleezza Rice returned home to Stanford University on Sunday, urging this year’s graduates to use their education to promote freedom and tolerate cultural differences. 

Rice told the 4,600 graduates that a different world awaits them now than when she first spoke to them as provost their freshman year. 

She said they had a responsibility to use their education to break down the hatred that erupted on Sept. 11. 

“In the months past, we have been reminded in dramatic and terrifying ways of what happens when difference becomes a license to kill,” she said. “Terrorism is meant to dehumanize and divide.” 

About two dozen graduates disagreed with the choice of Rice as speaker for Stanford’s 111th commencement held Father’s Day in the school’s stadium. They stood during her speech, holding up their black mortarboards with a red flier attached outlining their outrage with Rice’s politics, including the United States’ refusal to sign the Kyoto Protocol, among others. 

In the stands, several people stood holding a large sign that read: “Stop Isolating U.S. — Respect Int’l Law.” 

“I think that for the university to choose a speaker with morals and values like Condi’s to lead us into the next phase of our lives is ... very disrespectful,” said Caitlin Gerdts, a human biology graduate from Bainbridge Island, Wash. She held up a large map of the world that read “What’s going on with this picture of the world?” 

But many in the crowd of about 25,000 applauded Rice as she told a personal story — reliving losing a childhood friend in the 1963 Birmingham, Ala., church bombing. 

“Though I didn’t see it, I heard it a few blocks away. It is a sound that I can still hear today,” she said. “I realize now that it is an experience that I have overcome, but will never forget. And so it will be for all of us — you and me — who experienced Sept. 11.” 

Rice did not specifically address the conflicts between Israel and the Palestinians or between India and Pakistan. 

Rice is a political science teacher on leave from the university and was the school’s provost from 1993 to 1999.

SAN FRANCISCO — Hundreds of family, friends and political leaders gathered at a memorial service Saturday held to honor an openly gay police officer who died when his patrol car crashed. 

Jon C. Cook was remembered as a man who loved the exhilaration and adrenaline that came with being a police officer, and was proud of serving his community. 

“In many cities, gay police officers don’t feel free to be completely who they are,” said Reverend Penny Nixon of the Metropolitan Community Church. “We in this city are proud of all of our police and of our gay and lesbian officers.”’ 

A Medford, Ore., native, Cook joined the police force last year and was still in field training.

SACRAMENTO — A federal judge has ordered a new trial for two undocumented Mexican immigrants convicted of growing more than 1,000 marijuana plants in northern California. 

U.S. District Judge Frank C. Damrell, Jr.’s ruling overturned jury verdicts that could have sent Miguel Navarro Viayra, 25, and Manuel Alvarez Guerra, 22, to prison for 10 years. 

Both were arrested two years ago at a remote Mendocino National Forest camp and charged with conspiracy, manufacturing marijuana plants and possessing firearms to facilitate drug trafficking. A jury found the two guilty of conspiracy and manufacturing, but deadlocked on the gun charges. 

The judge’s ruling bolsters a popular defense argument that undocumented immigrants, believing themselves recruited for honest work, become hostage laborers for major marijuana growers. Federal prosecutors had portrayed the pair as opportunists trying to make fast money growing pot. 

Viayra and Guerra told jurors they had no access to weapons and faced armed guards who promised to shoot them if they tried to leave. Viayra said he was hired in Fresno for a Sacramento construction job. Guerra said, while in Mexico, he was offered a job cutting wood in northern California. The two were stripping marijuana leaves the day before their arrest. 

In Damrell’s 21-page ruling issued Wednesday, he noted “the lack of direct evidence connecting these defendants to the weapons and ammunition, and circumstances of these two young, virtually penniless, likely illiterate, and illegal (immigrants) who were found abandoned in a remote camp in the wilderness with apparently no idea where they were.” 

The two were sleeping when 10 law enforcement officers raided the site. Nearly 20 others, including the growers, fled without being caught, court testimony indicated.

SAN FRANCISCO — Hoping to attract more mass appeal for an online search engine with a cult following, AlltheWeb.com on Monday declared that it indexes more Internet information than longtime pacesetter Google. 

AlltheWeb, owned by Norway-based Fast Search & Transfer, says its database spans 2.1 billion Web pages, just ahead of the 2.07 billion scanned by Google at the end of last week. AlltheWeb has been quietly building upon its previous foundation of 800 million pages over the past two months. 

The rapid expansion represents the latest salvo aimed at Mountain View-based Google, whose growing popularity since its inception in 1998 has inspired a mixture of awe, jealousy and one-upmanship among its competitors. 

The challenges haven’t toppled privately held Google so far. Besides operating one of the Web’s most trafficked destinations, Google also provides search results for other prominent sites, including Yahoo and AOL. 

Even before it expanded its index, AlltheWeb believed it had developed a better search engine than Google’s. AlltheWeb believes its technology provides more relevant responses that guides users to the freshest information on the Web. AlltheWeb also says its scanning devices dig deeper into online content than Google. 

AlltheWeb’s effectiveness has already made it a hit among scientists, librarians and other researchers looking for more obscure data. 

By expanding the amount of online turf that it scans, AlltheWeb believes it will become even more useful to a broader audience. 

“Our goal is to develop the best search experience possible,” said John M. Lervik, Fast Search’s chief executive officer. “We really hope Google responds to this.” 

Google regards “quantity as just one component of search,” said company spokesman David Krane. “We still believe we offer the most comprehensive search experience on the Internet.” 

While Google has long boasted about the breadth of its Web indexes, the company takes even greater pride in the complex formulas that it had developed to deliver quick results that list the most pertinent destinations. 

Still, there is no question that size matters when it comes to search engines, said Greg Notess, a Bozeman, Mont. researcher who has been studying online search engines since 1990. 

“If a page hasn’t been indexed, you won’t be able to find it no matter how good a search engine’s algorithms are,” he said. “It’s good to see someone is aggressively pushing to get to Web pages that no one may be looking at right now.” 

The issue is important enough to Google that Notess predicts the company will come up with a way to surpass AlltheWeb’s new index volume very quickly 

Besides expanding its index, AlltheWeb is also unveiling a new design meant to make it more attractive to a mainstream audience. 

Since its launch in 1999, AlltheWeb primarily has served as a showcase and testing site for Fast Search, which makes its money licensing its results to other popular destinations such as Lycos. Fast Search also provides search results for many other sites, including IBM, eBay and FirstGov.gov. 

With the AlltheWeb makeover, Fast Search is walking a fine line. 

On the one hand, the company wants more people to know about AlltheWeb’s abilities. On the flip side, the company doesn’t want AlltheWeb to lure too much traffic from other sites that use its search technology.

SAN JOSE — During eBay’s rapid rise to Internet commerce powerhouse, the company nurtured a quaint tale of its origins, saying founder Pierre Omidyar created the site in 1995 so his fiancee could trade PEZ candy dispensers with other collectors. 

It seemed to embody a seminal Silicon Valley moment as humble as the garage births of Hewlett-Packard Co. and Apple Computer Inc. 

The story was so tied to eBay’s identity that chief executive Meg Whitman often was photographed with PEZ collections, and 121 dispensers are on display in the lobby at company headquarters. 

Too bad the story isn’t true. 

According to a new book on eBay, “The Perfect Store” by Adam Cohen, the PEZ myth was fabricated to interest reporters in the site in 1997. 

The truth was merely that Omidyar had realized an auction-based marketplace would be a great use of the Internet.

Boy wins trip to ‘Harry Potter’ set 

NAVARRE, Fla. — Joel Willoughby logged onto the Internet in February and answered five trivia questions. Now he’s headed for London to join Hagrid the giant and Albus Dumbledore in the next “Harry Potter” movie. 

The 11-year-old won a walk-on role in “Harry Potter and the Chamber of Secrets” as the grand-prize winner of the “Owl Prowl” game. 

It was created by Warner Home Video to celebrate the release of the first Potter film, “Harry Potter and the Sorcerer’s Stone,” on DVD and VHS. 

“I was just trying to win a DVD,” Joel said Wednesday. “I had no idea I would actually win a trip.” 

Joel and his mother, Teresa Willoughby, are flying to London for the filming June 24. Later, he and three family members will return for the movie’s premiere in November. 

He doesn’t know what part he’ll play, but he’s hoping they’ll “sort him into a house.” 

The Hogwarts School of Witchcraft and Wizardry, which Harry and his friends attend, has four houses, or dormitories. 

History for the viewing 

LOUISVILLE, Ky. — One of the original 1776 copies of the nation’s Declaration of Independence will be in Louisville for a public viewing this fall. 

The document, which television producer Norman Lear owns, is one of 25 known original copies of our country’s “birth certificate” still remaining. It will be on display for free at the public library’s main branch Oct. 16-Nov. 3 as an early stop on a national tour. 

“We are delighted” that the document will be displayed in Louisville, said library director Craig Buthod. 

Buthod said he’s been discussing the document’s appearance in Louisville for more than a year with a nonprofit group called the Declaration of Independence Road Trip, which Lear set up to give the document public exposure.

The building at 1809 University Ave., the current home of Youth Radio, was busting at the seams Friday night as the nonprofit held an informal graduation ceremony.  

Outgoing state Assemblymember Dion Aroner, D-Berkeley, was onhand to congratulate the youths as was Tom Bates and his wife Lonnie Hancock, former Mayor of Berkeley.  

But there was something rather bitter-sweet to the ceremony, even though the overcrowded room was a sea of proud, smiling youths talking about future plans, possible college choices, summer jobs — possibilities.  

The caveat was an uncertainty about the future physical location of Youth Radio. 

The building is owned by Panoramic Properties and will likely undergo redevelopment in the upcoming years, and in that event Youth Radio may be forced to relocate. 

But Executive Director Beverly Mire was extremely tight-lipped about the matter and kept things decidedly positive. 

“I will say that in any event we will be here next year,” Mire said.  

Mire would not speak about negotiations that may or may not be underway with Panoramic Properties President Patrick Kennedy.  

But onhand was a possible ally in the form of Mayoral candidate Tom Bates.  

“I think it’s really too bad if they lose this space. We will just have to find some place in the city for this program,” Bates said. “This really is a wonderful program.”  

Youth Radio was distinguished recently by receiving the Peabody Journalism Award. A few weeks ago several youth at the nonprofit held court with the state Assembly. And this calendar year, they completed the first video element of the program. 

Some have contended that one drawback to the peer-oriented education that occurs at the facility is that after graduating there are not many avenues for the youths to directly link up with. 

But Mire addressed that issue with optimism as well. 

“They can’t help but having their self-confidence improved,” she said. 

Mire equated the Youth Radio education as to being a positive experience the youth can take with them when they leave and draw upon for whatever their future may hold. 

“The reality is that not all of these kids will be going onto college. Some will but not all of them. So this program is designed to give them the skills.” 

Aroner said the program is impressive on various fronts and spoke to UC Berkeley Journalism professor teaching a program at Youth Radio next year as being a way that the program may be able to link the students up with future job opportunities.  

“This is a youth-oriented program and that’s I think one of the keys to their success,” Aroner said. “There aren’t too many youths around mucking things up. 

“And that’s I think how these programs should be run, the adults should provide the support but the youth should be allowed to do the planning and the deciding,” she said. 

Contact reporter at  

devona@berkeleydailyplanet.com 

Although Berkeley's early settlers were mostly farmers, west Berkeley's location on the shore of San Francisco Bay made it ideal for commerce and industry. Before the incorporation of the town of Berkeley in 1878, the area was called Ocean View because the ocean was visible directly through the Golden Gate. The first industry, the Pioneer Starch and Grist Mill, was founded in 1855, and the second was a lumber mill established by Zimri Brewer Heywood and Captain James Jacobs in 1856. 

Zimri Brewer Heywood had a large family and they became distinguished and prominent Berkeley citizens and at various times, one son and two grandsons of his were mayors of Berkeley. Others served on the School Board and Volunteer Fire Department.  

The Heywood House at 1808 Fifth Street was built in 1878, by Zimri Brewer Heywood's son Charles W. Heywood. It is an exceptionally fine and rare example in Berkeley of a fairly large Italianate Victorian. Like its neighbors, the house sits on a raised basement to protect it from the flooding that used to occur regularly in west Berkeley. Its entrance is up a long wide staircase where the porch is framed by carved brackets. A pair of tall, arched front doors are inset with rounded clear-glass panels and the tops of the tall sash windows are also slightly curved. There are carved brackets under the eaves and it is faced with horizontal wood siding.  

1808 Fifth Street is located in a Redevelopment Area established in the early 1970s. Large parcels of land were assembled from small properties, many of them residential, to create an industrial park. Delaware Street and the surrounding six blocks were to be razed. The plan did not materialize partially due to changing industrial needs and also to protests from citizens who saw many families lose their homes. It has taken decades for the surviving historic properties to be rehabilitated and reused. 

Until 1992 the impressive but vacant and seriously deteriorating Heywood House stood on a large parcel of land that once provided space for growing vegetables and chickens. Even after the garden area was subdivided and new buildings constructed, the Heywood House, a Berkeley Landmark, remained abandoned.  

The Heywood House has taken on a new life as the home of the Pusod Center for Culture, Ecology and Bayan and as the gallery for Babilonia 1808. Its restoration, by the Babilonia Wilner Foundation, incorporates many environmentally friendly building practices from the reuse of an existing building and the use of recycled and environmentally friendly building materials, to a system of recycling gray water for the organic garden. David Wilner and Malou Babilonia, owners, Daniel Smith and Associates, Architects, and William F. Lowie of McCutchion Construction, Inc completed the restoration just this year and received a Preservation Award from the Berkeley Architectural Heritage Association. 

Susan Cerny is author of Berkeley Landmarks and writes this in conjunction with  

the Berkeley Architectural Heritage Association.  

To the Editor: 

I've heard a number of interesting things about the Rev. Frank Moore's TV Channel 25 "Unlimited Possibilities" show, which is sponsored by his Church of Inter Relations, but have never got to see it because it began at 11 p.m. 

I will soon be changing my work hours, which will permit me to stay up late enough so I can at least see the first hour. Now, I've been told that the show is being moved back to midnight or possibly even later. This will make it impossible for not only me, but a number of people, who can not stay up late, to see it. 

I understand that the projected time change is because a few Berkeley residents complained about the show's content- some nudity sometimes. It's strange that these people did not complain and set up picket lines at the theaters showing Monster's Ball, the movie that gave Halle Berry the Academy Award. This movie and it's story was one of the most disturbing I've ever seen and it was not because of the nudity, which was an important part of the story. 

Ms. Berry proved to be a terrific actress and certainly deserved the Academy award, even though she was nude in the parts of the story that called for it. So was another actress. Both engaged in simulated acts with men. AND I saw non-adults at the showing! Who are not going to be staying up until 11 PM on week nights to watch Frank Moore's TV show. 

Changing the time of the Rev. Moore's show to the early morning hours is clearly a violation of the First Amendment of the Constitution, which states: "Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech..." 

It is obvious that changing the Rev. Moore's show to such a late hour is in violation of the First Amendment on both it's religion and free speech rules. 

The only way to stop this travesty of justice is for hundreds of Berkeley residents to write and phone their City Council members immediately, in defense of the Constitution. 

Sincerely, 

Rev. Tom Sanders 

Saturday, June 15

Berkeley Alliance of  

Neighborhood Associations (BANA)  

9:30 to ll:00 a.m. 

Fireside Room, Live Oak Park 

l30l Shattuck Ave. 

All welcome to network and 

share local information. 

(510) 849-46l9 or mtbrcb@pacbell.net 

Emergency Preparedness  

Classes in Berkeley 

9 to 11 a.m. 

997 Cedar Street  

Basic Personal Preparedness: Learn how to take care of yourself, your family and your home. 

981-5605 

Free 

The Great Rummage Sale 

10 a.m. to 4 p.m. 

Berkeley-East Bay Humane Society, 2700 Ninth Street 

Household items, glassware, clothing, furniture for sale. 

(510) 845-7735 

Chu Ko's Late Afternoon  

Adventure in International Art 

4 p.m. 

Berkeley Public Library Meeting Room, 2090 Kittredge 

Artist Chu Ko discusses his Chinese ink brush painting. 

(510) 981-6100 

Free 

Sierra Club Northern Alameda County  

Group Forum  

10:30 a.m. to 2:30 p.m. a 

Berkeley Public Library 

Forum on the benefits and problems of urban density with Rachel Peterson, John 

Holtzclaw and Martha Nicoloff. 

Call Jonna Anderson at (510)848-0800 x312 to reserve space 

Free 

The Sierra Student Coalition  

A retreat and planning meeting at Point Reyes National Seashore for high school and college-age students working to address local environmental issues. Meet other student activists, exchange ideas, and become more involved. All East Bay students are welcome at this event. Space  

is limited.  

For Reservations, call Jonna Anderson at 510-848-0800 x312  

Sunday, June 16

Field Trip to Remnant East Shore Habitats 

Meet at 10 a.m. at El Cerrito BART, southwest corner of parking lot (towards Albany Hill), then carpool to various sites, returning mid-afternoon. 

Visit a selection of critically rare habitats in and adjacent to the new East Shore State Park 

(925) 372-0687, e-mail elainejx@mindspring.com 

Free 

Buddhism 

6 p.m. 

Tibetan Nyingma Institute 

1815 Highland Place 

Lee Nichol on "Sacred Dimensions of Time and Space." 

843-6812 

Free 

Restoration Clinic 

9 a.m. to 7 p.m. 

1051 5th Ave. Studio C at E.11th St. 

Suigetsukan, a non-profit martial arts collective in Oakland, is raising funds for a new dojo. Massage 

therapists, chiropractors, acupuncturists, and other health professionals conduct yoga and stress management classes. 

(510) 452-3941 or www.suigetsukan.org. 

Food is the Earth's Way of Love 

Noon 

The Fellowship of Humanity, 390 27th St. Oakland 

Joy Moore, CoDirector of the Farm Fresh Choice program of Berkeley's Ecology Center 

(510) 451-5818 or HumanistHall@yahoo.com 

Monday, June 17

Multiple Sclerosis Support Group 

Rockridge Library 

Self-help support group. Meets the third Monday each month 

(510) 521-2436, or Rickpete99@yahoo.com 

"An Uncommon Friendship: From Opposite Sides of the Holocaust" 

7:30 to 8:45 p.m. 

Berkeley Richmond Jewish Community Center 

1414 Walnut Street 

Join Bernat Rosner, a Holocaust survivor as he reads from and discusses his counterpoint memoir co-authored with Fritz Tubach, the son of a German Army officer. 

848-0237 x127 

Free 

Lesbian, Gay, Bi- Sexual,  

Transgender National Day to  

Honor loved ones lost on 9/11  

The LGBT National Day of Honor, about creating a Day when all Lesbian,  

Gay, Bi- Sexual, Transgender, & questioning people and our supporters,  

can come together to help further our fight against continued second class  

citizen treatment in the United States.  

For more information, call 802.859.9604 

Poetry Express - Nance Wogan,  

followed by open mike 

7 to 9 p.m. 

A community open mike welcoming all artists 

Berkeley Bakery & Cafe 

1561 Solano Avenue 

Free 

Tuesday, June 18

Vigil Opposing the Sanctions  

Against the People of Iraq 

12 p.m. 

Oakland Federal Building,1301 Clay Street 

(510) 548-4141 

Carol Wagner: "Soul Survivors  

in Cambodia" 

7:30 p.m. 

Easy Going Travel and Bookshop,1385 Shattuck Avenue, Berkeley 

510-843-6725 

Arthritis Rap Session 

Noon to 2 p.m. 

Alta Bates Medical Center 

Maffly Auditorium- Herrick Campus 

2001 Dwight Way 

for more info: 644-3273 

Berkeley Camera Club Weekly Meeting 

7:30 p.m. 

Northbrae Community Church, 941 The Alameda 

Share slides, prints with other photographers 

(510) 525-3565 

Free 

Wednesday, June 19

"Part-time Parenting? A Career Networks Forum on Flexible Work Arrangements." 

6:30 to 8:30 p.m.  

Thousand Oaks Elementary, 840 Colusa, Berkeley  

Neighborhood Parents Network. Adults only. 

RSVP required: Amy Knowlden at knowlden@earthlink.net or (510) 526-4044.  

$5 NPN Members and $10 for Non-Members.  

Berkeley Peace Walk and Vigil 

6:30 pm 

BART Station, Shattuck & Center 

Weekly candle-lit vigil and peace walk to raise 

awareness and gather support for opposition to the 'war on terrorism' 

vigil4peace@yahoo.com, (510) 528-9217 

Thursday, June 20

Robert Fisk 

7 p.m. 

First Congregational Church, 2345 Channing Way  

Middle East Correspondent of the London Independent, in a benefit to rebuild Jenin refugee camp  

510-548-0542.  

$20 at Codys, Black Oak, Walden Pond and Modern times, or at WWW.MECAFORPEACE.ORG. 

"Women in War" 

7 to 9 p.m. 

University of Creation Spirituality, 2141 Broadway, Oakland 

An evening with international women's rights activist Zainab Salbi 

(510) 835-4827 ext. 29 

Suggested Donation $10-$15 

Pride Mass 2002 

7 p.m. 

Newman Hall-Holy Spirit Parish, 2700 Dwight Way 

LGBT Catholics celebrate 10 years towards creating a more inclusive world. 

(510) 663-6302 

www.calnewman.org 

Free 

Berkeley Camera Club Weekly Meeting 

7:30 p.m. 

Northbrae Community Church, 941 The Alameda 

Share slides, prints with other photographers 

(510) 525-3565 

Free 

Simplicity Forum 

7 to 8:30 p.m. 

Claremont Branch Library, 2940 Benvenue Ave. 

Discussion on how to lead a more simple life 

(510) 549-3509, or www.simpleliving.net 

Free 

Senior Men's Afternoon 

Pacific Center 

2712 Telegraph Ave. 

Gay senior men discussion group, 2nd & 4th Thursdays. 

510-548-8283  

Free 

Freedom From Tobacco 

5:30-7:30 Thursday Evenings, June 6-July 18 

South Berkeley Senior Center 

2939 Ellis Street  

A quit smoking class 

(510) 981-5330 

QuitNow@ci.berkeley.ca.us 

Friday, June 21

Paramount Movie Classics  

The Mummy, with Boris Karloff, 1932 

Doors at 7, Mighty Wurlitzer at 7:30, Newsreel, Cartoon, Previews, and Prize give-away game Dec-O-Win and feature Film 

2025 Broadway 

Oakland  

$5 

"Understanding the Achievement  

Gap in the BUSD" 

11:45 for lunch. Speaker begins 12:30 

Berkeley City Club, 2315 Durant Ave. 

Shirley Issel, MSW,  

president of the Berkeley Unified  

School District 

$11.00/$12.25, students free. 

Berkeley Women in Black 

Noon to 1 p.m. 

Telegraph and Bancroft 

A vigil for peace for Palestine and Israel 

(510) 548-6310, or www.wibberkeley.org 

Saturday, June 22

Celebration of Solidarity with the People of Afghanistan 

7:30 p.m. 

Trinity United Methodist Church, 2363 Bancroft Way 

Live music and slide presentation by Rona Popal. Benefits a widows project and orphanage in Afghanistan 

(510) 883-9252 

$10-$30 

Summer Solstice Celebration 

10 a.m. to 3 p.m. 

Berkeley Farmers' Market, Center St. and MLK Way. 

Live music, crafts, and summer solstice ritual. 

(510) 548-3333 

Free 

Emergency Preparedness Classes in Berkeley 

Disaster Mental Health: Learn about disaster-related emotional reactions. 

9 a.m. to noon 

997 Cedar Street 

981-5605 

Free 

Town Hall Meeting 

9:30 a.m. to noon  

East Oakland Youth Development Center, 8200 International Boulevard 

Congresswoman Barbara Lee on affordable housing with housing specialists and bank representatives 

(510) 763-0370 for reservations 

Sunday, June 23

Debt Cancellation for  

Impoverished Countries 

Noon 

The Fellowship of Humanity, 390 27th St. Oakland 

Tony Littmann gives us a brief overview on the causes and effects of the Third World debt crisis 

(510) 451-5818 or HumanistHall@yahoo.com 

Triaxium West and Aaron Rosenblum 

8 p.m., ACME Observatory 

Acme Observatory's home at Tuva Space, 3192 Adeline  

Admission is $0 to $20, sliding scale 

Monday, June 24

Shakespeare Festival Auditions 

10 a.m. to 1 p.m. 

Berkeley Rehearsal Hall, 701 Heinz Ave. 

California Shakespeare Festival is looking for people aged 14-18 to appear in The Winters Tale. 

(510) 548-3422 ext. 105, or www.calshakes.org 

Tuesday, June 25

Vigil Opposing the Sanctions  

Against the People of Iraq 

12 p.m. 

Oakland Federal Building,1301 Clay Street 

(510) 548-4141 

Berkeley Camera Club Weekly Meeting 

7:30 p.m. 

Northbrae Community Church, 941 The Alameda 

Share slides, prints with other photographers 

(510) 525-3565 

Free 

Magic School Bus Festival 

10:30 a.m. to 1:30 p.m. 

Lawrence Hall of Science 

Video Adventures. Other events for kids take place every Wednesday through August 21. 

(510) 643-5961 

$8 for adults, $6 for ages 5-18, seniors and disabled, $4 for children 3-4, free for children under 3. 

Wednesday, June 26

Berkeley Peace Walk and Vigil 

6:30 pm 

BART Station, Shattuck & Center 

Weekly candle-lit vigil and peace walk to raise 

awareness and gather support for opposition to the 'war on terrorism' 

vigil4peace@yahoo.com, (510) 528-9217 

Thursday, June 27

The Lost Spacecraft: Liberty  

Bell 7 Recovered 

10 a.m. to 2 p.m. 

Chabot Space and Science Center, 10000 Skyline Blvd. Oakland 

Preview new exhibit of resurrected 1961 spacecraft 

RSVP June 20, (415) 864-6397 or news@davidperry.com 

Friday, June 28

Paramount Movie Classics-  

The General (1927), starring Buster Keaton,  

a silent film with live Wurlitzer  

organ accompaniment by Jim Riggs,  

playing his original score. 

Doors at 7, Mighty Wurlitzer at 7:30,  

Newsreel, Cartoon, Previews, and  

Prize give-away game Dec-O-Win  

and feature Film 

2025 Broadway 

Oakland  

$5 

Berkeley Women in Black 

Noon to 1 p.m. 

Telegraph and Bancroft 

A vigil for peace for Palestine and Israel 

(510) 548-6310, or www.wibberkeley.org 

Berkeley’s serious film buffs are counting the days until the Fine Arts Cinema closes its door at the end of the month. With scant few double bills left before the theater closes. 

Each one is a bittersweet taste of the end of a chapter of local cinema. Each is also a reminder of the daringly original programming the cinema has offered East Bay film junkies for the last four years.  

The Fine Arts Cinema will be destroyed and replaced with a new building in two years. 

This weekend’s program features an example of the Fine Arts’ ability to dig up rare films that challenge and awe. A program of nine short films by Clara Von Gool – a Dutch filmmaker seen in American only in film festivals – will be screened nightly until Wed. June 19. Von Gool’s films are mostly dance, showcasing a keen sense of narrative movement and breathtaking choreography. In particular, her 1995 film "Biting and Other Effects," displays the dynamic possibilities of dance and cinema. 

“Biting and Other Effects” opens with a thrillingly frenetic Tarantella dance with a woman in a 19th century gown and a man in a double-breasted suit who are madly twirling and lunging to harpsichord music through the empty halls of an Italian Renaissance villa. The man and woman are spinning independently and the camera pans on its own axis. The three movements work together to leave both the viewer and the dancers gasping for breath. The first two minutes alone is a masterwork of Von Gool and choreographer Angelina Oei. 

Dance partners alternately break apart and hurl themselves back into each other to express love, coquetry, and inconstancy; it is considered unlucky to dance the Tarantella alone. 

The film moves outside the villa, to the streets of Pallermo, where automobile traffic and pop songs play from distant radios, clashing with the centuries-old architecture. Four people emerge from the city’s people – a couple splitting up, a long-haired pedestrian, and a young woman riding a scooter. In the villa, a woman with long black ringlets and a white dress lures the four into sporadic bursts of movement like a telepathic conjurer – a Dr. Mabuse of dance.  

The film tells the story of inconsistent love and desire among the select Pallermo inhabitants. The traffic and billboards on the streets of the city are an encroachment of modernity in the ancient city. The characters’ spontaneous dancing is a disorienting display of grace and madness in and around the unsuspecting pedestrians who carry shopping bags and newspapers. With only the music of passing cars, the four pawns dance their longing and desire. They are led to the villa where the Tarantella is danced to a climax. 

Von Gool’s great filmmaking feat in “Biting and Other Effects” and her other short films is not just her ability to effectively film the dazzling dancing for the screen. She expresses a story almost entirely through movement. In her 1998 film “Nussin” two couples – one wearing sneakers and slippers, the other loafers and high heels – dance the tango, and, appropriate to the stern yet sultry movements of tango, the wordless dancing among them leads to jealousy and murder. 

Not all of Von Gool’s films are dance films. Her most recent, a triptych film “Passing Future – 3 Solos” begins with a man alone in his apartment mourning the death of his father through a dance of angst in his own dark living room. The second – also a film about the loss of a parent – is told through first-person voiceover by the main character, a new mother who is rummaging through her deceased mother’s house and musing about the cruel irony of losing a mother while simultaneously gaining a daughter. Her internal monologue about the possibilities of trading back a life for a life, and the monologue of the third solo piece in “Passing Future,” an demented old man describing his ephemeral thoughts. Both strike a tone similar to von Gool’s characters dancing out the irrational corners of their troubled psyche. 

The films of Clara Von Gool are being double-billed with Annik Leroy’s “Vers La Mer,” a journey along the Danube river documenting the curious folding of modernity and the ancient, described as “sensual and rhythmic.” It’s the kind of film programming aficionados have come to expect and will miss at the Fine Arts Cinema.

Free Early Music Group 

Singers needed for small group of 15th and 16th century music every Friday 

10 a.m. 

North Berkeley Senior Center, Hearst at MLK Way. 

Contact Ann at 665-8863 

Wednesday, June 19 

Turtle Island String  

Quartet Concert 

8 p.m. 

Crowden School Music Center, 1475 Rose St. 

559-6910 for reservations 

$15 general, $10 students 

Thursday, June 20 

Caitlin Cray,  

Garrison Star, Boxstep 

9:30 p.m. 

The Starry Plough,  

3101 Shattuck Ave. 

841-2082 

$8, 21 and up 

Carrier-Thompson Cajun  

Trio and the Hot Club of  

San Francisco 

5 p.m. 

City Square and the Zen Garden at 1111 Broadway 

Gypsy-swing quintet, and Canjun/Zydeco group, beginning a series of summer concerts 

www.oaklandcitycenter.com 

Free 

Saturday, June 22 

Global Funk Council, Vanessa Lowe and the Lowlifes,  

Barbezz 

9:30 p.m. 

The Starry Plough,  

3101 Shattuck Ave. 

841-2082 

$6, 21 and up 

Thursday, June 27 

Meeshe, Scott Miller 

9:30 p.m. 

The Starry Plough,  

3101 Shattuck Ave. 

841-2082 

$5, 21 and up 

From the Attic: Preserving  

and Sharing our Past 

Through July 26, Thursday-Saturday, 1 to 4 p.m. 

Veterans Memorial Building,  

1931 Center Street 

Exhibit shows the 'inside' of museum work 

848-0181 

Free 

Saturday, June 15th 

"Time Out" Reception 

Reception, 5 to 8 p.m. Display  

up today to July 13 

Ardency Gallery,  

709 Broadway, Oakland 

New works from Corie Humble and Amy Morrell 

836-0831 

www.ardencyart.com 

Focus on the Figure 

Until Saturday, 10 a.m. to 5 p.m. 

A New Leaf Gallery, 

1286 Gilman Street 

An outdoor show of contemporary figurative sculpture 

525-7621 

Sunday, June 23 

"Red Rivers Run Through Us" Reception 

June 23 to August 11,  

Wednesday-Sunday,  

noon to 5 p.m. 

Berkeley Art Center,  

1275 Walnut St. 

Art and writing from Maxine Hong Kingston's veterans' writing group 

Reception, 2 to 4 p.m.  

644-6893 

Thursday, June 27 

"New Work: Part 1, The 2001 Kala  

Fellowship Exhibition" Opening Reception 

6 to 8 p.m. June 27 to July 31 

Kala Art Institute,  

1060 Heinz Ave. 

Featuring 8 Kala Fellowship winners, printmaking 

Reception, 

549-2977 

Thursday, July 11 

"New Visions: Introductions '02" Reception 

Works from emerging Californian artists 

Reception, 6 to 8 p.m. Display up from July 3 to August 10 

Pro Arts, 461 Ninth Street, Oakland 

763-4361 

Free 

Saturday, July 20 

"First Anniversary  

Group Show"  

13 local artists display work ranging from sculpture to mixed media 

July 18 to August 17 

Ardency Gallery, Aki Lot, 8th Street 

Reception, 5 to 8 p.m. 

836-0831 

Antony and Cleopatra 

Directed by Joy Meads 

June 15 to July 20,  

Thursday-Friday 8 p.m. 

La Vals Subterranean Theater, 1834 Euclid 

234-6046 for reservations 

$14 general, $10 student 

Abingdon Square  

Previews 16,18,19 at 8 p.m. Runs June 21 to July 6, Thursday to Saturday 8 p.m. Sundays 7 p.m.  

Julia Morgan Theater for the Arts, 2640 College Ave. 

The Shotgun Players,  

directed by Shana Cooper 

704-8210 www.shotgunplayers.org 

$18 regular, $12 students, previews and Mondays - pay what you can. Opening Night $25 

Midsummer Nights Dream 

June 21 to June 29,  

Fridays and Saturdays, 8 p.m. 

Magical Acts Ritual Theater, directed by Catherine Pennington 

The Black Box,  

1928 Telegraph Ave., Oakland 

653-6637 for reservations 

$15 - $25 

Don Pasquale Opera 

July 13, 15, 17, 19 at 8 p.m.  

July 21 at 2 p.m. 

Dean Lesher Regional Center for the Arts, Walnut Creek 

From the Festival Opera  

Association, a comedy by  

Gaetano Donizetti about an arranged marriage 

www.festivalopera.com 

Benefactors 

July 18 to Aug. 18, Wednesday-Saturday, 8 p.m. Sundays,  

2 and 7 p.m. 

Previews: July 12-14 and 17 

Michael Frayn's comedy of two neighboring couple's interactions 

Aurora Theatre Company,  

2081 Addison St. 

843-4822, www.auroratheater.org  

for reservations. $26 - $35  

The Shape of Things 

Sept. 13 to Oct. 20 

Aurora Theatre Company,  

2081 Addison St. 

Neil LaBute's love story  

about two students 

843-4822, www.auroratheater.org for reservations 

$26 - $35  

Alarms and Excursions 

Nov. 15 to Dec. 22 

Aurora Theatre Company,  

2081 Addison St. 

Michael Frayn's comedy about the irony of modern technology 

843-4822, www.auroratheater.org for reservations 

$26 - $35  

Poetry Diversified 

1st and 3rd Tuesdays,  

7:30 to 9 p.m. 

World Ground Cafe,  

3726 Mac Arthur Blvd., Oakland 

Open mic and featured readers 

Wednesday, July 3 

7:30 p.m. 

Cody's, 2454 Telegraph Ave. 

Boas Writing Group 

Stefani Barber, Jean Lieske  

and many more 

845-7852 

$2 

Wednesday, July 10 

Carmen Gimenez-Rosello,  

Dawn Trook 

7:30 p.m. 

Cody's, 2454 Telegraph Ave. 

845-7852 

$2 

Sunday, July 14 

M.L. Liebler and  

Country Joe McDonald 

Poetry and Music 

7:30 p.m. 

Cody's, 2454 Telegraph Ave. 

845-7852 

$2 

Wednesday, July 17 

Hannah Stein and Kevin Clark 

7:30 p.m. 

Cody's, 2454 Telegraph Ave. 

Authors of “Earthlight and In the Evening of No Warning.” 

845-7852 

$2 

The late-night hours soccer fans in the US have been keeping lately might seem suspect, but do not call them hooligans. They have been very well-behaved during the 2002 World Cup Tournament and the strange hours are not their fault.  

Because of the time-delay, the World Cup games being played in South Korea and Japan are being broadcasted here in the wee hours of the night. Now that the tournament is down to “The Round of 16,” the tricky time slot of 2 a.m. has been eliminated along with three-fourths of the field of competition. The remainder of the games are being broadcasted at 11 p.m. and 4:30 a.m. The 11 p.m. start-time is not all that unusual of a time for a sporting event, especially for those who have lived back East and are accustomed to watching late telecasts from the West Coast. But 4:30 a.m. is not exactly prime-time. The one exception will be the championship game on June 30 will actually start at 4 a.m.  

How are Berkeley’s die-hard soccer fans going about supporting their team and dealing with the strange times? Many different ways. For most it is a labor of love, because if your team is still alive, it’s a pleasant problem to have.  

For the faint of heart, there is the tape-delay telecast. The advantage of this method of coping is that fans can continue to contribute to society and do all the things only hooligans find inconsequential like hold down jobs, remain awake behind the wheel and be considerate to strangers. Some local establishments like the Trible Rock Brewery on Shattuck Avenue are seeing modest crowds for the tape-delayed games at sane times during daylight hours. One disadvantage to watching the game the next day is trouble one has to go to avoid learning the score and spoiling a ninety-minute soccer game. Overhear ‘one-nil’ or catch a glimpse of a sports ticker and it is all for naught.  

For some it is enough just to be up to watch the game in the privacy of their own home, but others need human interaction to truly enjoy their World Cup experience. Fans of one specific team especially need the comrade of other fans to make it the real deal. Mr. Pizzaman on University has been filled to the brim with electric World Cup excitement for almost every 11 o’clock telecast. Enthusiasm for the Brazilian team throughout the tournament has been high.  

Many local pubs have drawn large crowds for the 11 p.m. games. Beckett’s on Shattuck has for one. As for the late or very early game– depending on how you look at it-- manager Ciaran McDunphy said they will “stay open if the interest is there.” California law prohibits them from selling alcohol from 2 to 6 a.m., so it will truly be a gift to the fans. Down on Telegraph, soccer fans have been spotted spilling out of Raleigh’s and Blakes after the 2 a.m. game.  

It’s one thing if your team is still in contention, but what about the soccer fanatic who refuses to set the V.C.R. and insists on seeing every bit of action? For some the answer is simple, like Berkeley resident James Gavin.  

“I could not have chosen a better time to be unemployed,” he said, “every morning I have seen the sunrise and lots of amazing soccer.”  

Fifteen games remain on the schedule over the next two and half weeks. The round of sixteen will be complete by the end of the weekend, and the quarterfinals are scheduled for June 21 and 22. The semifinals are on June 25 and 26, and the championship game is Monday, June 30.  

In November Berkeley’s “body politic” will likely answer a question nearly as old and at least twice as essential to the future of the city as the mortar in the foundation of City Hall — to what extent the will the design, development and planning of the city “accommodate more growth” or to what extent will it begin to “discourage sprawl.” 

At the crux of this urban planning dilemma are essentially a handful of components and key players who have been debating and arguing the issue in public forums for years.  

There are developers like Patrick Kennedy of Panoramic Properties. There is the Planning Department at City Hall, the zoning Adjustments Board and the City Council itself.  

And then there are the Neighborhood activists — homeowners and preservationists — thwarting what they refer to as “the advances of urbanization” while committed to holding onto their vision of Berkeley. They want Berkeley to be a city connected by quaint neighborhoods and made up of single family homes. They want to hold onto the “quaint Berkeley charm.”  

Martha Nicoloff, the author of the Berkeley Height Initiative, said she’s prepared for this fight for two years.  

She knows it will be a hard-fought battle and is prepared to take on City Hall to stop what she refers to as “out of scale developments.” 

But developer Patrick Kennedy contends that the “neighborhood activists” are “fanatical NYMBIES” trying to get in through the backdoor with an argument they’ve already lost. 

“We’ve already dealt with the issue of development in the General Plan and that took 15 years to come up with. And now this initiative is there way of coming back with it again,” Kennedy said. Kennedy also said that the Berkeley Hieght Initiative would affect every property owner in the city.  

“If this Initiative passes, then everytime a homeowner wants to add a garage onto his property he would have to go through the same process I go through to get a project passed — which can be a three tofour year process. 

“Berkeley creates its own unique brand of fanatics, and this happens to be the hothouse variety of them,” he added. 

Kennedy took part in a development survey that assessed how potential voters feel about planning decisions. The survey says that the majority of voters do not have a problem with four- and five-story developments. In addition, he says that if the height ordinance passes, Berkeley will have a much larger dilemma on their hands. 

“At the heart, their initiative would wipe out rental housing. It is a disguised attack against rental housing in the city,” Kennedy said. “They may say they are not against affordable housing. But many of the people promoting this petition have spoken out against vehemently against affordable in general. They say they are not against affordable housing, and they know the practical implications of this initiative would eliminate affordable housing in the city of Berkeley. The city would have to figure out where to get the millions they need to build housing in the city because [developers] won’t be building in Berkeley anymore.” 

Initiative advocates want to restrict the density of all Berkeley developments. They point to San Pablo Avenue as a good example as to how developers have had their way with urban planning to the detriment of neighbors and the community.  

“Sure San Pablo is a commercial street but it’s butted right up against a residential zone,” said Marie Bowman. “We are not asking to take away the property rights of developers, but we are asking them to be good neighbors. And one person executing their rights should not be at the cost of their neighbor’s life being unlivable.” 

Bowman disliked the argument that Height Initiative critics were putting forth that liken her group opponents of affordable housing. 

“We are not against affordable housing. The people at City Hall don’t want people to live in homes. They are not happy unless everyone’s living on he second-floor in little eight by ten compartments,” Bowman added, reaching for her cell phone to call Howie Muir, another initiative supporter. There were five initiative supporters out on Friday, but they said there were approximately100 people used to gather signatures for the petitions and who would likely be taking part in the campaign. 

Nicoloff, a former planning commissioner, former neighborhood organization president and well known activists in Berkeley said arguments against the Berkeley Height Initiative wreaked of discrimination. 

“I think it’s peculiar that on College and Solano you have restrictions of 28 feet then on San Pablo developers are allowed variances up to 60 feet,” she said. 

The people in the neighborhoods targeted for high-density development have said time and time again that they don’t want this type of development, but they are ignored, she said. 

Several developments on San Pablo Avenue are believed to have contributed to a certain element of blight in south Berkeley. The street has a disproportionate number, (relative to other Berkeley commercial centers) of large parking lots and boxy retail centers. This type of urban planning is designed for car-driving customers and is known to exacerbate traffic. In addition, this form of urban planning has been labeled as “unsightly” and has been loosely linked to increased crime and the depreciation of property values in the neighborhoods surrounding them.  

Proponents say these conditions are examples of what happens when developers, instead of residents, are allowed to make the planning decisions. 

“Patrick Kennedy (a local developer) lives in Piedmont and yet he wants to build here and make Berkeley crowded and ugly,” said Art Goldberg, another initiative supporter. 

The key to Berkeley’s future will likely lie in the ability of involved parties to make good arguments to the voters — because the vast middle ground in this debate is occupied by people who, in Kennedy’s words, “probably have a lot better things to do with their time than debate the archanna of the city’s general plan.”  

Berkeley City Councilmember Linda Maio agreed with Kennedy, stating that the key to the Height Initiaitve will be educating the public. 

Maio has concerns about the initiative. 

“It doesn’t protect adjacent property owners and it doesn’t provide the city with much flexibility,” Maio said. 

And though Initiaitve proponents tout statistics of how Berkeley is the third most densely populated city in the Bay Area, Maio pointed out that the population in Berkeley has actually decreased in the last ten years.  

“And after all, this is a college town,” she added. She said that Berkeley does have high-density housing but only in certain areas. The approximately 30,000 students who attend UC Berkeley are transient and are not going to stop coming because the city decides it will no longer house them. 

“And what happens then?” Maio added. “They come anyway, but in cars.” 

Maio is a proponent of affordable housing and believes that the initiative would further deter developers from building housing in the city.  

“Not that the neighbors don’t have reason for concern. I think there’s a lot of us are operating without a clear way of understanding what the rules are” Maio said. “I think we all need to develop a better understanding of development bonuses, but this is one of those situations where you’re killing a fly with a hammer.” 

Contact reporter at  

devona@berkeleydailyplanet.com

To the Editor: 

As Board Chair of Collaborating Agencies Responding to Disaster (CARD of Alameda County), I am writing to publicly thank the leadership of three communities in Alameda County- San Leandro, Newark, and the Unincorporated Areas-who have embraced and supports CARD's efforts. CARD's mission is to help community based organizations (CBO's) learn to sustain themselves during and after a disaster, ensure that their clients, staff and volunteer stay safe, and how to successfully participate in community-wide response to a disaster. CARD targets organization that serve our most vulnerable residents including, but not limited to, people with disabilities, frail and elderly, children, low income, non-English speakers and others at greater risk. 

All of these groups have special needs that will be most suitably met by the agencies whose primary focus is on them. Traditional response agencies such as the Red Cross and FEMA are not designed to provide highly specialized services to people with special needs. 

Mayor Shelia Young of San Leandro, Mayor David Smith of Newark, and Charles Plummer, Sheriff of Alameda County, support CARD and our mission to prepare community service organizations and their vulnerable clients. The agencies in these communities have been provided free support, information and guidance in getting prepared, and are moving ahead in true partnership with local government. We thank these three leaders for their support, and their commitment to the safety of their community service provider, faith-based organization and the many thousands of residents who rely on these organization to survive. Thank you. 

James F. Harris 

Board Chair- Collaboration Agencies Responding to  

Disaster of Alameda County 

YOKOHAMA, Japan — South Korea ended nearly a half-century of frustration at the World Cup, finally reaching the second round. It was kind enough to help the United States advance, too. 

In the first World Cup in Asia, the other co-host, Japan, also advanced unbeaten, helping preserve the record of no host nation ever going out in the first round. 

By knocking Portugal out of contention with a 1-0 victory Friday, the Koreans lifted the Americans into the round of 16 with them, despite a 3-1 U.S. loss to Poland. The Poles scored twice in the first five minutes. 

“We’re lucky,” captain Claudio Reyna said. “I think we deserve to go through, but we owe Korea a little thanks.” 

How about loads of thanks? 

“We owe a lot to Korea today,” said U.S. goalkeeper Brad Friedel, who saved a penalty kick for the second straight game. 

The Americans play Mexico on Monday. 

“Any opponent who makes it to the second round will be tough. We have to concentrate to win the game,” Mexican midfielder Gerardo Torrado said. “The U.S. is a team with a good defense, which always gives us trouble.” 

South Korea plays Italy on Tuesday. 

Hundreds of thousands of red-clad soccer fans dancing, singing and shouting “We won! We won!” paraded through downtown Seoul after the game.

Twenty-five years ago, after receiving a Ph.D. in English from the University of Chicago, Berkeley resident Joe Stein went to live in Israel for a year. But he didn’t see any Palestinians. 

“You didn’t look. You didn’t see them as people,” said Stein, who now works as a lawyer for the federal government. “I feel guilty about having not seen them. I want to go back and see them.” 

Stein is one of 16 Americans, including two from San Francisco, arriving in Israel today to start a week-long peace mission. 

The trip, arranged by the San Francisco-based human rights group Global Exchange, will include meetings with Israeli and Palestinian peace groups, a Palestinian prisoners’ rights group and a Palestinian health official. If conditions on the ground permit, participants will tour hotspots of the current conflict, including Hebron and Gaza. 

“I was looking for a way, really since late-March, to get over to the territories and Israel in a way that would be effective,” said Stein. “This was the first good opportunity I came across.” 

Stein has strong opinions about the conflict and is hoping to make a statement with his trip. 

“I personally feel like I have an obligation as a Jew to account for and protest actions by the Israeli government that I feel are anathema to Judaism and morally abhorrent in general,” Stein said, referring to the recent incursions into Palestinian territories. 

Israeli partisans have argued that the Prime Minister Ariel Sharon is simply protecting Israelis against Palestinian terror attacks. Still, Stein objects. 

“I think it’s wrong for them to respond to terrorism in Israel by engaging in what seems to be organized terrorism in the territories,” he said. 

The Israeli government claims to be targeting terrorists and while trying to avoid hurting civilians, unlike the Palestinian suicide bombers. 

“I don’t know (if that is the case) and that’s one reason I want to go, to see for myself,” Stein said. 

Global Exchange has been offering “reality tours” in various parts of the world since 1988. Destinations include Israel, Iran, Cuba, Haiti, Afghanistan, Ireland, India, South Africa, Vietnam, Mexico, and Guatemala. 

The last Israeli trip took place in January and February and included a meeting with Palestinian leader Yassir Arafat in his beseiged compound in Ramallah, according to tour coordinator Ladan Sobhani. 

Sobhani, who will lead this week’s tour with Palestinian human rights worker Hanan Elmasu, said Global Exchange uses the trips to educate Americans about the U.S. role in Israel and other foreign countries. 

“The reason we feel it is so important for Americans to be educated is because the U.S.’s unconditional support for Israel,” said Sobhani, who strongly supports the Palestinian cause. 

Sobhani said Global Exchange seeks to produce activists who, when they return, will testify to Americans what they saw. 

Stein is already planning to speak out. 

“I personally feel a need to speak up and be clear that the Israeli government and the Israeli army aren’t the Jewish government and the Jewish army,” he said. 

Contact reporter at  

scharfenberg@berkeleydailyplanet.com 

To the Editor:  

The proposed 20 mph speed limit is not a joke. 

The idea really isn't to slow down traffic. As things are, delays from congestion and traffic lights probably result in about a 20 mph average speed. 

The low limit is an enforcement tool. It's conventional for drivers to exceed any posted limit by at least 5 mph, and expect police to let them get away with it. Under this convention, a 20 mph limit is “really” 25 mph, the statewide “basic speed.” 

This convention isn't the law, but might as well be, the way speed is enforced. 

A “zero tolerance” enforcement of the present 25 mph would require drivers to keep a margin the other way, closer to 20 mph, so they don't surge over the limit and get arrested. 

Anyone who walks the streets of Berkeley knows that some drivers go too 

fast, without fear of law enforcement. The same applies to bicycles, speeding on the sidewalks where they shouldn't be anyway. Speed is dangerous, because it leaves too little time to react. Speed is stupid, because people are almost never in such a hurry that they need to put lives in danger. 

Somehow we have to get protection from the people who speed.  

If a local 20 mph limit would keep people from zooming at 25 and 30 mph on 

residential streets, then we should give our police this enforcement tool. 

Steve Geller 

Berkeley

LOS ANGELES — Its title smacks of a hastily produced, ripped-from-the-headlines tale of sex abuse by priests. 

But the makers of “The Dangerous Lives of Altar Boys” are quick to emphasize that theirs is a coming-of-age film that has nothing to do with the current scandal in the Roman Catholic Church over cases of child molestation. 

“We hope the title doesn’t turn people off,” said Jodie Foster, a producer of the independent film who also plays a supporting role as a nun. “I would love to get the message out there that it’s not about priests molesting children.” 

Adapted from the novel by Chris Fuhrman, the film opening in limited release Friday stars Emile Hirsch and Kieran Culkin as altar boys who rebel against authority at a Catholic school in the 1970s. 

The boys develop a comic-book fantasy world where they assume super-hero alter-egos and battle Sister Assumpta (Foster), who becomes the evil motorcycle mama Nunzilla in a series of animated segments. 

“Altar Boys” was made long before the current scandal and premiered at last winter’s Sundance Film Festival. The release date also had been set before the scandal hit. 

The filmmakers and distributor ThinkFilm already were locked in on the title and had no desire to change it anyway, they said. They had settled on advertising with a campy, comic-book edge, so the producers reasoned the marketing would make it clear that “Altar Boys” was not about sex abuse. 

“There’s no way anybody could look at that trailer or poster or the ads and construe the movie was about this kind of grave, awful problem currently facing the Catholic Church,” said Mark Urman, head of distribution for ThinkFilm.

SAN FRANCISCO — In 1998, Arizona manager Buck Showalter considered Barry Bonds such a threat that he had him intentionally walked with the bases loaded. 

And that was three years before Bonds broke the single-season home run record. Now more than ever, the San Francisco Giants’ slugger is confounding managers and pitchers alike. 

Just what do you do with the guy? 

As Yankees manager Joe Torre discovered last weekend, pitching Bonds even close to the zone could mean yet another homer. Walking him, intentionally or not, puts a runner on base and is likely to incur the wrath of fans eager to see history. 

While certain game situations dictate a team’s approach to Bonds, it can still be a tough call. Those who challenge Bonds say pitches to him must be perfect or close to it. 

“Even as an opponent sometimes you just go ‘Wow!’ He doesn’t miss a mistake,” said Milwaukee Brewers right-hander Ben Sheets, who gave up a three-run homer to Bonds earlier this season. 

“He’s a freak of nature. You see what his numbers are,” said Arizona’s Brian Anderson, also one of Bonds’ victims. “He’s so strong and so good he could be the best player to ever suit up in this game.” 

One of the season’s most interesting matchups with Bonds ended last weekend with a thud. 

Roger Clemens plunked Bonds on his protective elbow gear in the third inning of the Giants’ interleague finale against the New York Yankees. 

Last winter, Bonds said he was looking forward to facing the Rocket, a six-time Cy Young Award winner. Then, a week before the game, Clemens stirred the eagerly awaited showdown with a statement that seemed to hint at the plunking. 

“I will introduce myself pretty quick,” Clemens said, to “that big old piece of plastic he has on his elbow.” 

Bonds wouldn’t comment afterward on the controversy, which was probably best. As for Clemens, he said Bonds crowds the plate. Thus ended the showdown between the two future Hall of Famers. 

Bonds hit 73 home runs last season, breaking Mark McGwire’s single-season record of 70 set three years before. 

He also surpassed Babe Ruth’s records with a .863 slugging percentage and 177 walks. Overall, he batted .328 with 137 RBIs and a .515 on-base percentage, the best of any NL player in the modern era. 

This season, Bonds had 22 homers going into this weekend’s interleague series against the neighboring Oakland Athletics. He had walked 79 times, putting him on pace to break his own record. 

Overall, Bonds entered the weekend with 589 home runs for fourth place on the career list behind Hank Aaron with 755, Babe Ruth with 714 and his godfather, Willie Mays, with 660. 

A’s left-hander Barry Zito was set to face Bonds on Sunday, but insisted he was not going to sit around for days fretting, in his words: “Ohhhhhh, Barry.” 

“Guys like Barry, they don’t have scouting reports,” Zito said. “You’ve just got to mix it up against him.” 

Dodgers reliever Jesse Orosco is one of the few pitchers who has done well against Bonds, partly because the two share that mutual respect, and they’ve seen each other so many times through the years that neither is intimidated. 

Bonds is 3-for-23 against Orosco with nine strikeouts. 

“The guy is dangerous. I know Barry loves the challenge. I do too. It brings out the best in us.” Orosco said. 

For a younger pitcher, beating Bonds is the perfect badge of initiation. In Eric Gagne’s case, simply handling Bonds — and the Giants who hit behind him — helped give him the job as the Dodgers’ closer. 

“I wanted to face him,” Gagne said. “That’s why you play baseball.” 

On April 11 in a tight game against the Giants at Pacific Bell Park, Los Angeles manager Jim Tracy decided to leave Gagne in against Bonds rather than going to Orosco. 

“He threw a couple of balls to Bonds, so we went ahead and walked him. Then Eric struck out Jeff Kent and got Reggie Sanders to fly out. Eric had responded to the challenge.” 

The Dodgers went on to win, 4-3. 

Showalter, fired by the Diamondbacks in 2000 and replaced by Bob Brenley, didn’t want the challenge back in 1998. Better to walk Bonds with the bases loaded than worry about a grand slam. 

In his case, the strategy worked. 

With an 8-6 Arizona lead, Showalter intentionally walked Bonds with the bases loaded and two outs in the bottom of the ninth. Brent Mayne followed, lining out to right field, and the Diamondbacks beat San Francisco 8-7. 

“I know it was a little unorthodox, but I just felt it was the best chance for us to win a baseball game,” Showalter said at the time. “It was a choice between one of the great players in the game or a very good player. It was a tough call.” 

Neil Smith, the widely-respected principal of Martin Luther King Middle School, has been named director of curriculum, instruction and staff development for the district, effective July 1. 

The position is a new one, approved by the Board of Education in February during a reorganization of the central office. Superintendent Michele Lawrence said Smith’s primary tasks will be to develop a coherent staff development plan and create a consistent curriculum for the district. 

“He’s going to have a tough job, but I’m so very confident,” Lawrence said. 

Parents and officials across the district praised the move, but said Smith will be difficult to replace. Smith served as principal for 13 years, and helped turn the school into an award-winning institution. 

“This is a really sad and scary day and a really fabulous day at the same time,” said Nancy Riddle, a school board candidate whose daughter just completed seventh grade at King. “Neil is the greatest leader I have met in the Berkeley schools.” 

Lawrence said the district will convene a principal search committee “very shortly” and is hoping to have a new leader at King by September. 

“If we don’t (find a new principal by September), there are some very, very capable assistant principals at that school (who could fill in),” Lawrence said. 

School board president Shirley Issel said Smith’s challenge is to improve staff development, which is vital to the district’s success. 

“All the studies indicate that the key to educating students is effective teaching,” she said. “Neil has a reputation for growing effective teachers.” 

Lawrence said the district needs to focus its staff development in a few key areas – such as literacy, a consistent writing program beginning in the early grades and a tightening of mathematics instruction – in order to be more effective. 

“There’s a lot of good teacher training that’s going on in the organization, but my belief is we need to identify key components for all teachers,” she said. 

Lawrence said she will also ask Smith to develop a more consistent, system-wide curriculum that allows the board a larger role in oversight. She said she expects Smith to consult teachers heavily in curriculum development. 

Berkeley Federation of Teachers President Barry Fike said Smith has a strong reputation for involving teachers. 

“He’s so well-respected among the teachers at his site and throughout the district,” Fike said. “We’re really going to benefit from his expertise.” 

Fike said the district already has some “good building blocks” in place for staff development, including a peer review program built into the teachers’ contract. He is hoping that Smith will help pull together existing elements and provide a unifying vision. 

Lawrence said the district will announce shortly several other key personnel moves. 

Contact reporter at scharfenberg@berkeleydailyplanet.com 

Hardluck boat 

NORTH FOND DU LAC, Wis. — The organizers of a raffle ran into a little bad luck of their own. 

The top prize — a boat, motor and trailer worth $18,000 — was stolen sometime this week while parked at a convenience store, said Katie Hornung, a member of the Pride Days planning committee. 

Last month, the boat was hit by a pickup while on display at a truck stop. 

The raffle’s winner, however, won’t be out of luck. 

The festival has insurance, so organizers already bought a replacement prize for the raffle later this month, she said. 

Watch the birds  

ROCHESTER, N.Y. — Bird watching has never been so easy. 

Four cameras offer a bird’s-eye view of two peregrine falcon chicks that hatched last month in a box atop Eastman Kodak’s 19-story office tower. 

The young birds of prey, Freedom and Isis, were removed from their nest Wednesday and given identification bands. Parents Mariah and Kaver wheeled around overhead while the chicks were removed by conservation officials. 

Kodak’s Web site (birdcam.kodak.com) offers four camera views of the nest box.  

It recorded a million hits last year and features a lively electronic bulletin board. 

The peregrine falcon is the world’s fastest bird, reaching a diving speed of up to 200 mph and a horizontal speed up to 60 mph.

Many Bay Area job seekers a bit more interested in improving the world than fattening their wallets may have attended Thursday’s Non-Profit Fair in Oakland.  

The daylong fair attracted many local residents who are skeptical of the sagging technology market and want a more rewarding — even if it is lower -paying, job. 

Recruiters from 40 Bay Area nonprofits attended the fair, organized by Sector Power and Idealist.org and provided for free to attendees technical assistance and how-to workshops. 

They came from a range of backgrounds but shared a common goal: To find careers that involve people. 

“Nonprofits keep us connected through our hearts to other people and to the rest of our community,” said Howard King, supervisor with the Berkeley Emergency Food and Housing Project. “We found a lot of people today wanting to work not in the corporate world but with and for other people.” 

Attendees of the fair, many with both bachelors and graduate degrees, distributed resumes and spoke with representatives hoping to gain even an entry-level job at one of the organizations.  

“We’ve got amazingly qualified people looking for these jobs. We’ve got lawyers and other professionals looking for entry-level positions at non-profits,” said Sonny Le, an organizer with Sector Power. 

According to Emma Kalonzo, coordinator for Idealist.org, approximately 500 people attended the fair at its two locations, Preservation Park and The James Irvine Conference Center in downtown Oakland. Kalonzo says the fair provided Bay Area residents something it has been missing, a showcase for local nonprofits. “We wanted to highlight all of the great things that nonprofit organizations in the Bay Area are doing. There wasn’t anyone else doing that. We wanted to fill a void,” Kalonzo said. 

Many at Thursday’s fair emphasized that with the collapse of the dot-com market, nonprofits and other alternatives to the corporate world have begun to take up a larger share of the Bay Area economy.  

Many of the organizations at the fair, such as the San Francisco College Access Center and AmeriCorps, provided job seekers with information about youth based programs. According to Melita Noel, Tutoring Coordinator at SFCAC, a number of graduates from Upward Bound, the parent organization of SFCAC, showed up to Thursday’s fair looking to work in the nonprofit world and give back to the community.  

Upward Bound and SFCAC are nonprofits committed to serving low-income youth with advice and information about college admissions.  

Noel added that along with the Upward Bound grads, a number of job seekers from the fields of education and even a few from the corporate world had inquired about SFCAC’s nontraditional education programs. “A lot of educators and teachers want to continue to work with youth but not have the same kind of structure of the school districts,” Noel said.  

She received a number of resumes Thursday, she said, many from individuals with significant training and graduate degrees.  

According to Margaret Kirkpatrick, principal at the Berkeley Adult School, the recent economic downturn has had a significant effect on the programs at BAS. “This was our largest program year ever,” Kirkpatrick said. “There’s been a dramatic increase in enrollment.” 

BAS offers its 14,000 students academic, vocational and career preparation programs. Kirkpatrick says that the programs at BAS are in a constant state of development to meet the needs of students.  

Bled says that Berkeley High’s Parent Teacher Student Association has increased the number of speakers at career workshops and has a number programs which focus on alternative education. According to the Career Center at UC Berkeley, graduates of the class of 2002 are and have been starting their job hunts earlier than previous classes.  

Of the students who found jobs in 2001, there was a 4.1 percent increase in those going into the non-profit and public sectors compared with the year before. 

Contact reporter at  

chris@berkeleydailyplanet.com

Many Bay Area job seekers a bit more interested in improving the world than fattening their wallets may have attended Thursday’s Non-Profit Fair in Oakland.  

The daylong fair attracted many local residents who are skeptical of the sagging technology market and want a more rewarding — even if it is lower -paying, job. 

Recruiters from 40 Bay Area nonprofits attended the fair, organized by Sector Power and Idealist.org and provided for free to attendees technical assistance and how-to workshops. 

They came from a range of backgrounds but shared a common goal: To find careers that involve people. 

“Nonprofits keep us connected through our hearts to other people and to the rest of our community,” said Howard King, supervisor with the Berkeley Emergency Food and Housing Project. “We found a lot of people today wanting to work not in the corporate world but with and for other people.” 

Attendees of the fair, many with both bachelors and graduate degrees, distributed resumes and spoke with representatives hoping to gain even an entry-level job at one of the organizations.  

“We’ve got amazingly qualified people looking for these jobs. We’ve got lawyers and other professionals looking for entry-level positions at non-profits,” said Sonny Le, an organizer with Sector Power. 

According to Emma Kalonzo, coordinator for Idealist.org, approximately 500 people attended the fair at its two locations, Preservation Park and The James Irvine Conference Center in downtown Oakland. Kalonzo says the fair provided Bay Area residents something it has been missing, a showcase for local nonprofits. “We wanted to highlight all of the great things that nonprofit organizations in the Bay Area are doing. There wasn’t anyone else doing that. We wanted to fill a void,” Kalonzo said. 

Many at Thursday’s fair emphasized that with the collapse of the dot-com market, nonprofits and other alternatives to the corporate world have begun to take up a larger share of the Bay Area economy.  

Many of the organizations at the fair, such as the San Francisco College Access Center and AmeriCorps, provided job seekers with information about youth based programs. According to Melita Noel, Tutoring Coordinator at SFCAC, a number of graduates from Upward Bound, the parent organization of SFCAC, showed up to Thursday’s fair looking to work in the nonprofit world and give back to the community.  

Upward Bound and SFCAC are nonprofits committed to serving low-income youth with advice and information about college admissions.  

Noel added that along with the Upward Bound grads, a number of job seekers from the fields of education and even a few from the corporate world had inquired about SFCAC’s nontraditional education programs. “A lot of educators and teachers want to continue to work with youth but not have the same kind of structure of the school districts,” Noel said.  

She received a number of resumes Thursday, she said, many from individuals with significant training and graduate degrees.  

According to Margaret Kirkpatrick, principal at the Berkeley Adult School, the recent economic downturn has had a significant effect on the programs at BAS. “This was our largest program year ever,” Kirkpatrick said. “There’s been a dramatic increase in enrollment.” 

BAS offers its 14,000 students academic, vocational and career preparation programs. Kirkpatrick says that the programs at BAS are in a constant state of development to meet the needs of students.  

Bled says that Berkeley High’s Parent Teacher Student Association has increased the number of speakers at career workshops and has a number programs which focus on alternative education. According to the Career Center at UC Berkeley, graduates of the class of 2002 are and have been starting their job hunts earlier than previous classes.  

Of the students who found jobs in 2001, there was a 4.1 percent increase in those going into the non-profit and public sectors compared with the year before. 

Contact reporter at  

chris@berkeleydailyplanet.com

SAN JOSE — Twelve eBay users from around the country have been invited to company headquarters to give the Internet auction site’s executives pieces of their minds: Customer service is lousy. The search engine is weak. Pop-up ads are deplorable. 

The eBay manager writing down their gripes quickly fills a large sheet of paper, then two, then three, eventually taping so many onto a wall that new ones go on the door. 

Michael Benson, a baseball card collector from St. Louis, adds his complaint: “eBay is going with the big sellers over the little sellers.” Murmurs of assent can be heard around the table. “You’ve got to get back to mom and pop sellers,” nods Judy Tomlin of Mecosta, Mich. 

That complaint is not new, but it is becoming increasingly common among longtime eBay users. Many say eBay, committed to growth, is giving big companies an unfair advantage by prominently featuring their brand-name wares, creating tough competition for the millions of regular folks who made eBay huge. 

“It’s so infuriating to see the stock continually rise and know that it’s happening because the little guy is taking it in the shins,” said collectibles seller Tricia Spencer of Riverside, Calif., who was not among the 12 users invited to headquarters. “It’s like a kingdom where the serfs have done all the work and the king eats hale and hearty while the serfs starve.” 

EBay executives say the charge is unfounded. But they acknowledge that after eBay’s astonishing rise in recent years, it is more difficult than ever to stay connected to its treasured “community” — the hobbyists and small businesses that trade everything from AstroTurf to zithers, and dole out “feedback points” that reflect their online reputations. 

“Our communication, frankly, to the community is broken,” Bill Cobb, eBay’s director of marketing, told the group of 12 at eBay’s most recent “Voice of the Customer” session. “We have to figure out a better way.” 

EBay hopes relations get a big boost from its first “community celebration,” called eBay Live, June 21-23 in Anaheim. More than 3,000 users are expected to mingle with company managers, trade advice on how to buy and sell things in more cost-effective ways, hear a speech by CEO Meg Whitman and attend an awards ceremony. 

Founded in 1995, eBay is by far the world’s top Internet auction site, with nearly 50 million registered users and sites in 27 countries. 

It long ago shed its roots as an online flea market. With big companies such as Dell and IBM now unloading goods on eBay, the site is more like a giant mall with a flea market and a used-car dealership in the parking lot.

LOS ANGELES — California’s unemployment rate decreased slightly in May, even as the state economy lost 9,000 jobs, officials said Friday. 

Unemployment dipped to 6.3 percent from a revised 6.5 percent in April, as fewer people looked for work, officials said. 

Every sector except government, services and mining suffered job losses last month, according to the Employment Development Department. 

The construction and manufacturing sectors took the biggest hits, losing 9,600 and 5,000 jobs, respectively. 

While the number of manufacturing jobs has been declining for more than a year, the latest losses in the construction industry were uncharacteristic. 

The number of people looking for work in California was 1.1 million last month, about 57,000 fewer than in March but 219,000 more than in May of 2001. 

The jobless rate a year ago was 5.1 percent. 

Despite the decline in jobs, the EDD forecast that the unemployment rate will stabilize in the months ahead, moving up or down by no more than three-tenths of a percent. 

“The job losses we’ve seen earlier this year have leveled off,” said Michael Bernick, director of the EDD. 

You don’t think natural resources saved by your major appliances is a big deal? 

Just ask homeowners in the power and water-starved West and Northeast. They’ll tell you every little bit counts when it comes to a kilowatt saved and a gallon of water conserved. And if doing the environment a favor isn’t enough, there are financial rewards: a new generation of washers, dryers and refrigerators can lop as much as 50 percent off your energy use — and that doesn’t include generous rebates utilities in hardest-hit states bestow on purchasers of high-efficiency appliances. 

According to Lowe’s Home Improvement Warehouse, an appliance retailer, manufacturers have answered government mandates to reduce energy and water consumption. 

“Buyers want pizzazz plus efficiency,” says Bruce Ballard, vice president of appliance merchandising for Lowe’s. “Washers, dryers, refrigerators — they’re all better than they were 10 years ago. There’s no question the new breed of major appliances are friendlier to the environment.” 

The Environmental Protection Agency formed a government-industry Energy Star partnership in 1992 to identify hundreds of household products — including appliances — that significantly reduce energy use. One of the coalition partners, Whirlpool, wasted little time in producing models to earn the Energy Star label. 

“There is much more buyer awareness of energy conservation, particularly in states where power and water are issues,” says Laura Hall of Whirlpool. “People didn’t know much about appliances, but they do now.” 

Hall says even subtle manufacturing changes add up to savings. Injected foam replaces sheet insulation to fill every inch of refrigerator walls and doors. Compressors cool more efficiently, and ice makers are situated for optimal effect. Yellow Energy Guide stickers on new appliances help shoppers compare yearly costs between models. 

And consumers are rewarded in their pocketbooks. Utilities in states including California, New York, New Jersey, Virginia and Pennsylvania offer rebates to consumers that amount to up to 25 percent of the retail price of Energy Star rated appliances. Maryland waives sales tax on Energy Star products. The EPA estimates more than 630 million Energy Star products have been purchased to date. The total energy savings: $5 billion. 

But efficiencies don’t signal a move away from what attracts consumers in the first place — styling and convenience. Contoured doors, filtered water, stainless steel exteriors and even brighter interiors for aging Baby Boomers are recent innovations. 

U.S. customers now see appliances with a European influence. Europeans overcame space and resource limitations with appliances designed to do more with less. Front-loading clothes washers use less water, and higher spin rates wring most of it out. The result: shorter drying times. Ballard says sales of front-loading washers are about to skyrocket in the U.S. because people say they wash clothes better. 

Hall says consumers want stylish appliances that have an earth-friendly green effect. “If you can get the same performance and use less water and electricity, why wouldn’t you want to do that?” 

Tip of the Week 

When the star Sirius appears in the night sky, it officially kicks off the “dog days of summer,” the hottest, stickiest days of the year — from July 3rd to August 15th. Now is an excellent time to prepare to beat the heat — and to beat high energy bills— by purchasing a new air-conditioning system. Today’s high-efficiency models with a federal “energy-star” designation use half the energy a 20-year-old model uses. During peak cooling periods, you can cut overall energy bills 20 percent to 40 percent. Ten-year-old-or-older units have seasonal energy efficiency ratings (SEERs) of only 6 to 8. New units are rated 12 or greater — a big difference that leads to big savings. Also, many utilities now offer rebates on these units. 

Bright innovations, including a resource center and lots of built-ins, lend functionality to this home, Plan K-22, by the Homestore Plans and Publications Designers Network. Its floor plan has 1,616 square feet of living space. 

A deep front porch provides an outdoor-relaxation haven. Inside the foyer, a focal-point fireplace draws guests into the living room which has a TV niche. If receiving clients at home is your plan, a brightly lighted resource center off the foyer offers an area well suited for that purpose 

Open to the living room, the dining room and kitchen share a passthrough bar, which is handy for parties as well as daily meal service. A built-in desk is a spot for paying bills or planning menus, while a French door in the dining room provides passage to the backyard. 

Down a hall, the master suite — including its private bath — and two secondary bedrooms are in proximity to a utility room with laundry facilities. 

Lockers in the mudroom provide much-needed storage for anyone entering the home through the two-car garage. 

K-22 DETAILS: Bedrooms: 3 Baths: 2 Main floor: 1,616 sq. ft. Total living area: 1,616 sq. ft. Garage: 437 sq. ft. Exterior Wall Framing: 2x4 Foundation Options: Slab 

For a study plan of this house, including general information on building costs and financing, send $5 to House of the Week, PO Box 1562, New York, NY 10116-1562. Be sure to include the plan number. Downloadable study plans and construction blueprints for this plan and for hundreds of past Houses of the Week are available at www.houseoftheweek.com. 

Windows and skylights cover your home’s perimeter, each room sports a high ceiling, the walls and floor coverings are all pleasingly light-colored — yet you’re still wondering how you can work more natural light into your home. 

Consider the design of your stairs. Heavy staircases covered with a dark wood or carpet will dim a room before you can say “lights out.” Stairs tend to block light, making it difficult to travel unimpeded across an entire room. 

An open staircase might be the solution. Even an angled or curved staircase, which would normally absorb any natural light, can become a room’s beacon when the vertical slats are absent because this condition allows backlighting and sidelighting from the surrounding windows. 

The stairs pictured here lead straight up from a two-story room to a loft overlook. The area is so bright that the sole artificial light comes from a few well-placed recessed fixtures. Slim rails in a light-colored wood placed relatively far apart enhance the effect, as does a monochromatic color scheme. The stairs leading to the basement echo the stairs running between the main and upper floors. A nearly full wall of glass behind the stairs illuminates the area and creates an interesting play of light and shadow, which would be impossible without an open staircase. The bare walls show off the geometric shadows, eliminating the need for other wall decorations and thereby opening the space even more. (Photo/Mark Englund) 

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On the Net: 

The Web site is: http://www.homeplans.com. 

OAKLAND — Akira “Ike” Nakamura took 60 years to graduate from Castlemont High School. And when he did, he got two diplomas: one for 2002, one for 1944. 

For 1944 was the year he would have graduated had the U.S. government not sent him along with tens of thousands of other Japanese Americans into desert internment camps after the attack on Pearl Harbor. 

On Thursday night, a 75-year-old Nakamura led the processional at Castlemont High and then sat, stage right, in a purple cap and gown. 

It was supposed to be a low-key moment, not listed in the program. Nakamura said he did not expect the teenagers to grasp the significance. 

But once Principal Debbra Lindo explained, “Tonight, we’re going to set it right,” the 205 graduates rose in an ovation of whoops. 

“I thank you very much for this honor,” said Nakamura, with a slight bow. His wife of 53 years, Rurie, was in the audience. 

They met behind barbed wire at a camp in Utah. More than 100,000 Japanese and Japanese Americans were deemed a security threat and put in such internment camps during World War II. 

Last week, Nakamura learned of an unusual offer in a local English-language newspaper for Japanese Americans. In part to honor Fred Korematsu, a 1937 Castlemont graduate who unsuccessfully challenged the internment to the Supreme Court, the Oakland school district said it would give a diploma to anyone who had been wrenched from school and sent to a camp. 

So far, four men have responded — three in Northern California and one in Richmond, Va.

BEVERLY HILLS, Calif. — Winona Ryder pleaded innocent Friday to shoplifting and drug charges, and her lawyer said he’d try to disqualify the District Attorney’s office from trying the case. 

The motion for disqualification by Ryder’s attorney, Mark Geragos, was placed under seal, but he’s said previously he believes prosecutors aren’t treating his client fairly. 

Ryder said little during her arraignment. Her arm was in a sling from an injury she reportedly suffered when a camera bumped her during a break in a previous hearing. 

Superior Court Judge Elden Fox asked the 30-year-old whether she was entering a plea of not guilty, and she responded in a soft voice, “Yes, your honor.” She and her lawyer left the courthouse without commenting outside. 

Ryder was ordered last week to stand trial on felony charges alleging she shoplifted some $6,000 worth of merchandise from Saks Fifth Avenue and illegally possessed a drug without a prescription. 

The actress, who co-stars in the upcoming Adam Sandler comedy “Mr. Deeds,” is charged with second-degree burglary, grand theft, vandalism and possession of a controlled substance. 

Ryder faces a maximum of three years and eight months in state prison if convicted on all charges. She remains free on $20,000 bail. 

A store security official testified during a preliminary hearing last week that she saw the actress cutting security sensor tags off the items, and a criminalist testified that two pills found in Ryder’s possession were a generic form of Percoset, a prescription painkiller. 

Fox said then that there was sufficient cause for her to be tried. 

On Friday, the judge set a pretrial hearing for July 15, but said Ryder didn’t have to attend. He also ordered that any motions concerning possible prior acts by Ryder be filed under seal. A tentative trial date was set for Aug. 13. 

Prosecutors have said they may introduce evidence of prior misdeeds by Ryder. 

A notice filed with the District Attorney’s office last month indicates the prosecution plans to show that the “Girl, Interrupted” star’s alleged shoplifting is part of a pattern of behavior. 

Court records show no previous convictions against Ryder. 

Sandi Gibbons, a spokeswoman for the District Attorney’s office, has declined to provide details of the evidence, saying prosecutors would save that material for court. 

Visitors can take a Spam exam or can some ‘Spam’ 

AUSTIN, Minn.— Depending on who’s eating it, Spam is either a slice of post-war Americana or a slice of who knows what. 

Whatever it is, the canned convenience food now has its own museum. 

“All (you’ve) got to say is Spam and you’ve got a discussion,” said Nancy Barker of Menasha, Wis., emerging from the Spam Museum Friday with a handful of memorabilia. “Of course, there’s also quite a lot of jokes.” 

For 66 years this southern Minnesota town of 22,000 has been known affectionately, or derisively, as Spamtown. 

“It’s a part of our past and it’s probably part of our future,” said Barker, 65, who has her own recipe for Spam pancakes. “People are almost cult followers.” 

The museum has been open since September, but Spam maker Hormel Foods delayed a celebration until Saturday because of the Sept. 11 terrorist attacks. 

The rescheduled grand opening is steeped in Americana, with famous TV moms like Marion Ross and Barbara Billingsley, sports figures and a World War II memorial dedication. 

Inside the museum — admission is free — those followers will have plenty to absorb. A 430-foot conveyor belt rattles around the ceiling, carrying about 850 cans of Spam. 

Visitors can take a Spam exam or can their own Spam (not the real stuff). There’s also a radio station — KSpam — and a video screen that shows classic Monty Python skits slamming Spam. 

The museum also has exhibits on the Hormel family, explains what goes into Spam (pork shoulder, ham, spices and preservatives) and describes the product’s special relationship with American troops in World War II. 

The war generated huge sales for Hormel, which provided 15 million cans of Spam each week to the military. From 1939 to 1942, the company’s overall sales doubled to almost $120 million. 

On Sunday, Brokaw, the NBC News anchor, will dedicate a special memorial to honor World War II veterans. 

Gordon Handrich, a World War II veteran from Appleton, Wis., who was at the museum on Friday, remembered eating Spam. He liked it, but he remembered some soldiers who swore they’d never eat it again once the war ended. 

A Spam-o-meter at the museum tallies the cans of Spam produced. Hormel expects to turn out its 6 billionth sometime between June 29 and July 3. 

The museum, which is free, has drawn 39,000 visitors since it opened, and the number is expected to double this weekend. 

Laura Shields saw a freeway sign for the Spam museum and said she had to stop and drag her vacationing family in for a look. “It’s incredibly cool,” she said. 

Shields said she’s carried on a running gag with her brother-in-law, who gave her a Spam calendar for Christmas. The museum shop sold windsocks, pens, T-shirts in Spam’s distinctive navy and yellow colors and, of course, the cans. 

Some people may love Spam for its salty ham taste, but others are fascinated by the name. In 1935, Hormel President Jay Hormel held a contest at a New Year’s Eve party to name the meat. The winner spliced the words “spice” and “ham” to claim the $100 prize. 

Barker, who said she has eaten Spam all her life and fed it to her six children, left the gift shop with a stuffed can of talking Spam. She gave it a squeeze. 

It chimed: “I love Spam.” 

BURBANK— To boost ratings at its flagging ABC network, The Walt Disney Co. is marshaling its vast resources to promote its new fall shows everywhere from Disneyland to the big screen and even in its sports restaurants. 

The move comes after the network slipped from first to third place in the past two years and became a drag on Disney earnings. 

Ideas to drive viewers to ABC range from parades featuring ABC stars at Disney’s domestic theme parks to drink coasters at ESPN Zone restaurants. 

Even Disney-produced films will be dressed with references to ABC programs. 

If a news program is playing on a television in the film, it will be tuned to ABC. In addition, network stars may be cast much the same way Warner Bros. placed actors from its WB network in its big screen hit “Ocean’s Eleven.” 

At a meeting last week, top executives from every Disney division presented their plans to chief executive Michael Eisner and president Robert Iger, who have said fixing ABC is their top priority. 

Susan Lyne, president of ABC Entertainment, said the initiative is critical. 

“If people don’t come to sample a show, those shows are dead in the water,” she said. 

However, with its enormous reach, Disney faces the possibility of alienating viewers by turning every product into a commercial. 

“They do have to make sure they don’t blanket everything they have,” said David Joyce, an analyst with Guzman & Co. “The shotgun approach could end up being a waste of time and maybe even detract to some degree. You’re not going to necessarily promote Winnie the Pooh on ESPN.” 

Indeed, consumers may rebel if the ad message is laid on too thick. 

“There can be a backlash by the public if they feel they are a cog in the purchasing machine,” said Cheryl Leanza, deputy director of the Media Access Project, a nonprofit law firm concerned about the effects of media consolidation. 

Disney’s marketing plans are targeted to specific audiences, for example, promoting dramas such as “Push, Nevada,” a suspense show in the vein of “Twin Peaks,” on ESPN and more family friendly fare in its Disney stores. 

Cross promotion at large media companies is nothing new. AOL Time Warner, for instance, has used its AOL Internet service to sell thousands of subscriptions to Time and other magazines. Vivendi Universal and Disney use their theme parks to promote their movies. 

At Disney, ABC has often been called upon to help promote the release of a new feature film or the opening of a theme park. But since Disney acquired ABC in 1996, the network has never needed the favor returned — until now. 

Prime time ratings have slipped badly at the network, which just two years ago was riding the success of the game show “Who Wants to Be a Millionaire?” Since the popularity of that show has waned, ABC has slipped to third behind NBC and CBS. 

In the second quarter ended March 31, revenue in Disney’s media networks division, which includes ABC, dropped 9 percent from the year-ago period to $2.2 billion. 

On the advertising front, Disney has said advertising agency Omnicom Group will spend more than $1 billion on behalf of its clients over the next year on ABC, ESPN and other outlets in what was likely the biggest deal of its kind. 

With seven new shows on its schedule, more than any other network, it’s critical for ABC to attract viewers early.

LOUISVILLE, Ky. — One of the original 1776 copies of the nation’s Declaration of Independence will be in Louisville for a public viewing this fall. 

The document, which television producer Norman Lear owns, is one of 25 known original copies of our country’s “birth certificate” still remaining. It will be on display for free at the public library’s main branch Oct. 16-Nov. 3 as an early stop on a national tour. 

“We are delighted” that the document will be displayed in Louisville, said library director Craig Buthod. 

Buthod said he’s been discussing the document’s appearance in Louisville for more than a year with a nonprofit group called the Declaration of Independence Road Trip, which Lear set up to give the document public exposure. 

Ashley Mowrey, a spokeswoman for the tour, said the cities that will be included will be announced July 4, but Louisville will be the fourth stop. 

On the night of July 4, 1776, about 200 copies of the newly drafted Declaration of Independence were printed by John Dunlap of Philadelphia. The copies were circulated throughout the colonies.

Industry professionals pick American Film Institute’s annual favorites list  

LOS ANGELES — They’ll always have Paris. Now Rick and Ilsa have the top spot on the list of best American screen romances. 

“Casablanca,” starring Humphrey Bogart as saloonkeeper Rick Blaine and Ingrid Bergman as his lost love Ilsa Lund, came in at No. 1 on the American Film Institute’s top 100 U.S. love stories announced Tuesday on the CBS special “AFI’s 100 Years ... 100 Passions.” 

The rest of the top 10, in order: “Gone With the Wind,” “West Side Story,” “Roman Holiday,” “An Affair to Remember,” “The Way We Were,” “Doctor Zhivago,” “It’s a Wonderful Life,” “Love Story” and “City Lights.” 

“I think the films that haunt you the most over time are love stories,” said Sydney Pollack, director of “The Way We Were” and the No. 13 film, “Out of Africa.” “Many, many films haunt you, but you get haunted in a way that’s hard to shake off when you’re watching star-crossed lovers who you really care about and who get under your skin, like Bogart and Bergman. That’s a story that’s just irresistible.” 

Cary Grant led actors with six films on the list. Besides “An Affair to Remember,” they were “The Philadelphia Story at No. 44, “To Catch a Thief” at No. 46, “Bringing Up Baby” at No. 51, “The Awful Truth” at No. 77 and “Notorious” at No. 86. 

Katharine Hepburn, Grant’s co-star in “The Philadelphia Story” and “Bringing Up Baby,” was the most represented actress, also appearing in six films. Her other entries were “The African Queen” at No. 14, “On Golden Pond” at No. 22, “Guess Who’s Coming to Dinner” at No. 58 and “Woman of the Year” at No. 74. 

Besides “Casablanca” and “The African Queen,” Bogart starred in three other films on the list: “Dark Victory” (No. 32), “Sabrina” (No. 54) and “To Have and Have Not” (No. 60). Bogart’s “Sabrina” co-star Audrey Hepburn also was in five films, including “Roman Holiday,” “My Fair Lady” (No. 12), “Two for the Road” (No. 57) and “Breakfast at Tiffany’s (No. 61). 

The oldest film was “Way Down East” from 1920 at No. 71. The newest was “Shakespeare in Love” from 1998 at No. 50. 

The film institute began issuing annual lists on different movie themes four years ago. The love-story list was chosen by about 1,800 directors, actors, studio executives, critics and others in Hollywood, who voted from a field of 400 nominated films. 

Finalists ranged from the giddy comedy of “When Harry Met Sally ...” (No. 25) and “It Happened One Night (No. 38) to the tragic affairs of “Wuthering Heights” (No. 15) and “Titanic” (No. 37). 

What makes for a great love story? 

“At the end of the day, it’s what happens between a man and a woman on the screen,” said “When Harry Met Sally ...” director Rob Reiner, who placed two other films on the list, “The American President” (No. 75) and “The Princess Bride” (No. 88). “It’s a very different approach to that in all three cases with my films.” 

“The Princess Bride” is a fanciful, love-conquers-all fairy tale, while “When Harry Met Sally ...” was a personal story based on Reiner’s experiences when he was “thrown back into the dating pool after being married for 10 years and making a mess of the whole thing,” he said. 

“American President” is a modern Cinderella tale about “what would happen if you ever really dated the president,” Reiner said. “This was before Monica Lewinsky, when people didn’t date the president so quickly.” 

Reiner’s three entries have happy endings, but a surprising number on the list do not. The lovers clearly wind up together in only two of the top 10 films, while a third, Charles Chaplin’s “City Lights,” has an ambiguous ending. 

“Ironically, in these 100 movies, they don’t necessarily walk out hand and hand into the sunset,” said Jean Picker Firstenburg, the institute’s director. 

In “Vertigo” (No. 18), James Stewart watches Kim Novak fall to her death — twice. “King Kong” (No. 24), ends with a giant dead ape, “Bonnie and Clyde” (No. 65) ends with a bullet-riddled couple. “The English Patient” (No. 56) finishes with a dead burn victim, “Harold and Maude” (No. 69) closes with a young man on his own after his elderly lover’s suicide. 

“When there’s real closure in a love story and it’s resolved in a happy way, it doesn’t reverberate as much afterward,” Pollack said. “That’s been true from Greek tragedy on, from Shakespeare on. Romeo and Juliet, Tristan and Isolde, Heloise and Abelard. Many great love stories have been about unobtainability.”

NEW YORK — Author David Baldacci has settled a legal dispute with a publisher after complaining that his name was featured too prominently on the cover of an anthology of mystery stories. 

Baldacci, author of such best sellers as “Absolute Power” and “Last Man Standing,” won a rare preliminary court injunction last month to stop New Millennium Press from publishing “The Mighty Johns.” 

Baldacci’s name appeared in large foil letters above the title of the book, which also is the title of a novella contributed by Baldacci. A federal judge ruled that consumers could mistake the book for Baldacci’s next novel, writing that New Millennium “was attempting to deceive the public into buying a misrepresented book.” 

New Millennium and Baldacci have agreed that the cover will be altered and the book released. Baldacci’s name will appear below the title, in smaller letters. 

“With such a wonderful story that we dearly wanted to publish, I wanted a way to make it happen,” New Millennium co-president and publisher Michael Viner said in a statement released late last week. 

Under the agreement, New Millennium will make a donation to “a charity of Mr. Baldacci’s choosing,” the Barbara Bush Literacy Foundation.

Boy walks on to Potter set 

NAVARRE, Fla. — Joel Willoughby logged onto the Internet in February and answered five trivia questions. Now he’s headed for London to join Hagrid the giant and Albus Dumbledore in the next “Harry Potter” movie. 

The 11-year-old won a walk-on role in “Harry Potter and the Chamber of Secrets” as the grand-prize winner of the “Owl Prowl” game. 

It was created by Warner Home Video to celebrate the release of the first Potter film, “Harry Potter and the Sorcerer’s Stone,” on DVD and VHS. 

“I was just trying to win a DVD,” Joel said Wednesday. “I had no idea I would actually win a trip.” 

Joel and his mother, Teresa Willoughby, are flying to London for the filming June 24. Later, he and three family members will return for the movie’s premiere in November. 

He doesn’t know what part he’ll play, but he’s hoping they’ll “sort him into a house.” 

The Hogwarts School of Witchcraft and Wizardry, which Harry and his friends attend, has four houses, or dormitories. The Slytherin house, for example, is where bad students go. Ravenclaw students are intelligent. 

Most of all, Joel is looking forward to seeing the “Harry Potter” set and meeting Daniel Radcliffe, who plays the title role. 

Terrorists not allowed at the fair  

FALCON HEIGHTS, Minn. — Fans who plan to catch Alicia Keys, Bonnie Raitt or Doc Severinsen at the Minnesota State Fair this year better leave their state fair goody bags in the car, or plan to spend extra time at the gate. 

Extra security guards at the Grandstand will check purses and concertgoers loaded down with packages to make sure they have no terrorist intentions. 

Art Blakey, chief of police for the State Fair, said security is tighter this year, after the Sept. 11 attacks and government warnings that Osama bin Laden’s al-Qaida network is regrouping and more attacks are likely. 

“We want people to be safe. We want them to come and enjoy themselves. And we’re putting some things into practice that hopefully will keep everybody safe,” Blakey said. 

Blakey also said fair officials are being careful in their planning. “We don’t want this to look like an armed camp,” he said. 

The Minnesota State Fair, the nation’s second-largest behind Texas last year, runs Aug. 22-Sept. 2. More than 1.7 million people attended last year. 

Baltimore film industry rebounds  

BALTIMORE — “Head of State,” a comedy starring Chris Rock as a presidential candidate, will help boost the economic impact of film and television production in Maryland to a record $80 million this year, said Jack Gerbes, director of the state film commission. 

Baltimore will double for Washington in the movie which will be the next feature film with its production based in Maryland, Gerbes said in an interview with Associated Press editors and reporters. 

The effect of this production will mark a rebound from the previous fiscal year, when film production was stalled for several months because of the possibility of strikes by actors and screenwriters, Gerbes said. 

The state took in just $34 million from film production in fiscal year 2001, compared with more than $75 million in each of the previous three years, according to data from the film office. 

Production crews have become a common sight over the past few months on the streets of Baltimore. “The Wire,” a crime series from the co-creator of the long-running police drama “Homicide: Life on the Street,” debuted this month on HBO and is in production for its initial 13-episode run. Crews for “Red Dragon,” a prequel to “The Silence of the Lambs,” recently completed 13 days of filming in downtown Baltimore.

TORONTO — It’s hard to avoid biblical references when discussing Patrick Moore, a Greenpeace co-founder who now gets paid by the biotech industry and other foes of the environmental organization. 

“Patrick Moore is an eco Judas,” said David Suzuki, who taught Moore genetics at the University of British Columbia and is one of Canada’s best-known anti-biotech figures. 

Moore, an avowed agnostic, would rather think of himself as the apostle Paul, who converted to Christianity after railing against it for most of his life. 

“I was against three or four things every day of my life,” Moore said of his epiphany during a speech at the world’s premier biotechnology conference, BIO 2002. “I decided I should be for something.” 

During 15 years with Greenpeace, Moore worked against whaling, nuclear testing and the clubbing of baby seals. He was on board the ship Rainbow Warrior the day it was blown up and sunk by the French. 

In 1986, Moore departed, saying Greenpeace was embracing positions too extreme while straying from its roots into anti-globalization politics. Greenpeace said he left after losing a power struggle. 

“I’m not saying we should go back to killing whales and setting off nuclear bombs,” Moore said. “I stick by everything we did.” 

Moore says Greenpeace in the mid-1980s began groping for other issues to legitimize its existence after succeeding in getting its founding principles adopted by the mainstream. 

He said one of these issues was genetically engineered food, where genes from two different plant species are spliced together to create crops more resistant to herbicides and insects, among other traits. 

Greenpeace argues that the technology ultimately will lead to stronger bugs and weeds while proving unhealthy for human consumption. 

Biotechnology, Moore said, increases yields while reducing pesticide use, two potential benefits environmentalists are ignoring. 

“I believe the campaign of fear being waged against genetically modified foods is based mostly on fantasy,” Moore said. 

Moore contends that no health problems related to genetically engineered food have been reported anywhere although genetically engineered crops were grown on 130 million acres around the world last year. 

“Not one stomach ache has been attributed to genetically engineered food,” he said. 

After Moore left Greenpeace, he tried to make a living as a salmon farmer until 1991. That year, he launched Greenspirit as a natural resources consulting business and joined the industry-supported Forest Alliance of British Columbia. It was then that Greenpeace and other environmentalists said Moore lost his way. 

“He’s a turncoat who supports many of the things we oppose,” said Greenpeace spokesman Craig Culp. “We basically try not to have anything to do with Patrick Moore.” 

Moore’s driving force today is “consensus,” a notion most environmental groups reject. 

“We have no choice but to find a balance between competing interests,” said Moore, 55. “Most environmentalists have adopted zero-tolerance positions in order to remain adversarial. The only way to stay adversarial is to adopt even more extreme positions.” 

The Biotechnology Industry Organization, which sponsored the conference, paid Moore for his appearance. 

The previous week, he was in Berlin at the behest of the U.S. embassy there to help sell the benefits of genetically modified food to Germans. Genetically modified food is a thorny trading issue between the United States and much of Europe. 

Moore would not say how much he had received from BIO or further discuss his sources of income. 

He has given talks in southeast Asia about the benefits of genetically engineered crops in developing nations and stumps often for the timber industry, singing its praises for “sustainabilty” policies of replanting trees.

SACRAMENTO — After months of haggling, arguing and occasional screaming about California’s toughest housing dilemma, a bill to make more room for low-income apartments is moving again. 

The bill, SB910, passed the Senate last June proposing to yank millions of dollars from cities that discourage apartments. But the idea, considered too harsh by cities and counties, stalled while officials have searched for a fairer, more agreeable way to house the poor. 

Now, in a state rife with homeowner battles against apartment complexes and lawsuits when city councils approve them, the outlines of a new approach are emerging. 

Though still tentative, they reveal the fierce complexities of deciding who should provide what amount of the desperately needed housing that many communities simply don’t want. 

The bill, scheduled for a June 26 hearing before the Assembly Housing and Community Development Committee, now sets “unspecified” fines for balking cities instead of taking money away from them. It also allows city halls and county courthouses more easily challenge the number of low-income units the state assigns them. 

It’s a system that many in local government consider flawed. 

“This is really not about cities not wanting housing. It’s about the process,” says Sande George, lobbyist for the California chapter of the American Planning Association. City and county planners, California Association of Counties and the League of California Cities still oppose the bill for its emphasis on sanctions. 

That opposition, after months of meetings, frustrates the bill’s author, Sen. Joe Dunn, D-Santa Ana. He says he made compromises “in areas, that to be honest, we’d rather not have compromised. Now that we’re asking the League to compromise, they won’t.” 

The state’s Department of Housing and Community Development, which makes cities and counties assume a share of the state’s housing demand, estimates up to 30 percent of California’s 476 cities avoid their low-income housing requirements. 

Many are middle-income suburbs and smaller wealthy cities. 

Dunn has long complained that the existing law lacks teeth. 

“The ability of local jurisdictions to get away with this has been unfettered,” he says. 

Many cities, in return, complain the state’s numerical allocations of housing don’t account for urban areas constrained by slow-growth politics and lack of vacant land, or those trying not to grow into surrounding farmland. The bill doesn’t require cities to build low-income housing, only to zone acreage to accommodate their share. 

Craig Reynolds, chief of staff for Assemblywoman Helen Thomson, D-Davis, says the state’s numbers have “potential danger of being sprawl-inducing as opposed to a recipe for smart growth.” 

As the hearing approaches, cities are pouring their opposition into a Housing and Community Development Committee mailbox. Among the official city hall letterheads: Poway, Campbell, Vista, Redwood City, Santa Clara, Hawthorne and Burlingame. 

Paso Robles Mayor Frank R. Mecham says the bill fails to give cities such as his legal protection when they do zone land for affordable housing. Mecham noted the “heavy and bitter opposition from neighbors who have threatened litigation” after the city changed its general plan to enable a project for moderate-income housing. 

But supporters also abound, including the Building Industry Association of California, which represents the state’s homebuilders. 

Tim Coyle, the BIA’s senior vice president for governmental affairs, cites the state’s pressing housing shortage, and says, “That’s the kind of public policy we need.” Other backers include the California Chamber of Commerce, affordable housing advocates and the cities of San Francisco, Oakland, Sacramento, Petaluma and Oxnard. 

The bill, in its new version, must pass the Assembly and be approved again by the Senate by Aug. 31, or the idea dies.

SACRAMENTO — Rejected once already, Gov. Gray Davis and California Sens. Barbara Boxer and Dianne Feinstein repeated a call Friday for President Bush to buy 36 undeveloped oil leases off California’s coast. 

In a letter to Bush, nearly three weeks after he announced a $120 million federal buyout of Florida oil leases, the state’s top Democrats wrote, “Your recent actions in Florida are nearly identical to proposals that we have made to resolve the analogous situation in California.” 

Noting potential for more oil development off Ventura, Santa Barbara and San Luis Obispo counties, the letter stated, “The threat this development poses to Californians’ quality of life and the state’s tourism-based economy parallels the threats Florida faced.” 

Rep. Lois Capps, a Democrat from Santa Barbara, scene of a 1969 oil spill from offshore drilling, also signed the letter. 

Davis’ request is “hypocritical,” said a spokesman for Republican gubernatorial candidate Bill Simon. 

“The Bush administration has offered before to sit down with Governor Davis and negotiate on buying back the leases and the governor chose not to,” said Jeff Flint, a Simon aide. “He’s totally hypocritical on the issue.” 

The plea to Bush followed similar May 29 letters, in which Boxer and Davis urged Bush to repeat in California what he did in the Everglades of Florida, where his brother, Jeb Bush, is governor. President Bush also allocated $115 million to pay oil companies to drop their drilling plans in the Gulf of Mexico. 

The Democrats’ request was called premature and rejected June 7 by U.S. Interior Secretary Gale Norton. She wrote, “A major difference between Florida and California is that Florida opposes coastal drilling and California does not.” 

Norton cited the 77 state and federal leases off the California coastline, where more than 260 new wells have been drilled since 1990. But Davis countered that the new drilling occurred from existing offshore platforms where leases date back nearly 50 years. 

In a letter to Norton on Friday, Davis said, “Ever since the devastating oil spill near Santa Barbara in 1969, Californians have vehemently opposed new offshore drilling. Not a single lease has been issued since 1968. 

“Protecting the California coast for future generations is too important a matter to be subjected to bureaucratic delay and legal delays,” Davis wrote Norton. 

Davis on Friday also announced new beach cleanup funding as part of his Clean Beaches Initiative. Simon, meanwhile, criticized Davis for “mismanagement of state beaches,” noting an increase in beach closures and advisories in California. 

Letters threatening anthrax contained Victoria’s Secret talcum powder 

SAN FRANCISCO — A federal judge delivered a two-year prison sentence Thursday to a 21-year-old San Bernardino man who mailed fake anthrax letters last fall. 

Two of the three letters that Antonio M. Flores sent to people in Eureka, Arcata and Kneeland contained Victoria’s Secret talcum powder, not anthrax, as the letters threatened. 

Flores sent the three letters Oct. 25, as the country was in the grips of the anthrax mail scare. All envelopes had “anthrax” written on them and contained a powdery substance, which Flores admitted was talcum powder or powder from tetracycline antibiotic capsules, according to court documents. 

He said he sent two of the letters to people he stole from and the third as a favor to someone he met in jail who wanted to threaten the man who revealed him to authorities. 

Flores had pleaded guilty to three counts of mailing threatening communications and was sentenced Thursday in federal court in San Francisco. 

People allergic to antibiotics are at risk  

HAYWARD — Berkeley Farms issued a voluntary recall of some of its milk products Friday after a routine sampling detected antibiotics in the milk. 

Inspectors for the California Department of Food and Agriculture discovered significant quantities of penicillin in milk from the Berkeley Farms plants in Hayward and San Leandro. 

No illnesses had been reported Friday, but individuals who are allergic to antibiotics could have a reaction if they consume the tainted milk. 

“There are really two questions: How did it get in the milk, and why did it get past the testing process?” said Berkeley Farms spokesman David Margulies. 

Jay Van Rein, a spokesman for the California Department of Food and Agriculture, said Friday that the department did not yet have answers to those questions. Van Rein said he did not know how much penicillin had tainted the milk, but said it was probably a significant amount. 

The following brands of milk with the plant codes 06-407 and 06-21 are included in the recall: Berkeley Farms, Dairy Dawn, Ralph’s, Mountain Dairy, Sysco (Wholesome Farms), Smart and Final, Albertson’s, Good Day, and Best Yet. 

The California Department of Food and Agriculture does random, unannounced testing of milk plants at least 10 times a year. Every milk load, however, is supposed to be tested by the company before it enters the plants. 

It is not unusual to find antibiotics at dairies, because most farmers treat their cows with antibiotics as part of their health maintenance program, Margulies said. 

Almost all the contaminated milk had been pulled from grocery store shelves by Friday afternoon, Margulies said. 

Consumers are advised to throw away any product named in the recall, or return it to the store for a refund. 

The milk products being voluntarily recalled by Berkeley Farms were sold under the brand names Berkeley Farms, Dairy Dawn, Ralph’s, Mountain Dairy, Sysco/Wholesale Farms, Smart & Final, Albertsons, Good Day, and Best Yet. 

The product types, container sizes and “sell by” dates of the recalled products are: 

—extra rich milk, gallon, June 24; 

—vitamin d milk, 1/2 gallon, June 25; 

—2 percent reduced-fat milk, pint, June 27; 

—1 percent low-fat milk, pint, June 27; 

—fat-free milk, 1/2 pint, June 27; 

—manufacturing cream, 5 gallon, June 27; 

—heavy whipping cream, 1/2 quart, June 27; 

—half and half, 4 oz., June 27; 

—1 percent low fat chocolate milk, all sizes, June 29; 

—vitamin D milk, quart, June 28; 

—2 percent reduced fat milk, pint, June 29; 

—1 percent low fat milk, 1/2 pint, June 29; 

—fat free milk, all sizes, June 29; 

—chocolate milk, all sizes, June 29; 

—low fat chocolate milk, all sizes, June 29; 

—low fat strawberry milk, all sizes, June 29; 

— and 1 percent low fat buttermilk, 1/2 gallon, quart, 1/2 pint, July 2; 

Products can be returned to stores for a full refund. For more information, consumers can call Berkeley Farms at (888) 647-3326. 

WASHINGTON — The last time Juventino Ortiz tried to collect the rest of his pay for picking fruit in Northern California, a government official chased him out of his office. 

In the 55 years since then, the Mexico City native forgot about the money, became a U.S. citizen and raised a family in Hollister, Calif. 

But now, at 81, he and thousands of other former Mexican “guest workers” who say they were denied a portion of their wages want their money. At the very least, they want their day in court. 

“Is it live or die? No,” Ortiz said Wednesday in Washington. “It’s the principle.” 

The Justice Department, in court papers, says the claim is too old and is trying to get a federal judge to dismiss a class-action lawsuit alleging hundreds of thousands of Mexicans who worked in America between 1942 and 1949 never received money deducted from their wages. 

Legislation introduced Wednesday in Congress would prevent the government from having the suit dismissed on procedural grounds. 

Ortiz was one of nearly 5 million Mexican guest workers recruited to the United States between 1942 and 1964 to harvest crops and maintain railroad tracks. The “bracero” program — which comes from the Spanish for “arm” — was launched during World War II to help fill jobs left vacant by U.S. workers called to fight. 

In an unusual agreement between the U.S. and Mexican governments, the braceros had 10 percent of their wages deducted and sent, via Wells Fargo, to Mexican banks to serve as savings accounts. The agreement was supposed to serve as an incentive for the workers to return to Mexico once their contracts expired. 

Ortiz said he tried unsuccessfully to get his money. 

“I went back to Mexico City to the government office to see about my 10 percent,” Ortiz recalled Wednesday. “They said, ’What are you talking about? Get out of here.”’ 

About 200 former braceros and their families rallied Wednesday in downtown Los Angeles in support of the bill. Among them was Alfonso Ortega, 85, a migrant worker from 1942 through 1950 who was paid 60 cents an hour. 

“I believe I have the right to the money,” Ortega said through a translator. 

Joaquin De Luna, 82, said U.S. officials didn’t let him return home to his wife and children in Mexico when he decided he didn’t like the impoverished conditions. 

“I didn’t want to pick their lettuce,” he said through a translator. 

De Luna said he doesn’t believe he’ll get back the 10 percent, but added, “If this country has any shame, it would give it back with interest and credit.” 

The lawsuit, filed last year in San Francisco, is against the U.S. and Mexican governments, along with four banks. Although the pay was as low as 30 cents an hour, advocates for the braceros say at least $500 million is owed, including interest. 

The suit is patterned after successful claims by Holocaust survivors against Swiss banks and German companies. 

The Mexican government says U.S. courts have no jurisdiction in the matter. Wells Fargo spokesman Larry Haeg said a review of company records indicates it transferred all the money it received. A hearing is scheduled in U.S. District Court in San Francisco in early August. 

Bill Lann Lee, former assistant attorney general for civil rights in the Clinton administration, said the Justice Department supported extending the statute of limitations in a lawsuit by black farmers alleging discrimination by the Agriculture Department. 

“We think justice would be served by having the case heard on its merits,” said Lee, whose San Francisco law firm represents the braceros. 

The legislation, co-authored by Rep. Luis Gutierrez, D-Ill., and Rep. Sam Farr, D-Calif., would prevent the Justice Department from using the passage of time and sovereign immunity to block the claims. 

“These issues are unrelated to the merits of the case,” Farr said at a news conference in front of the Capitol. “They’re just legal excuses for why they can’t get to first base.” 

Farr represents the Salinas Valley, where many Mexican workers picked fruits and vegetables. 

Other workers ended up in rail yards and on track maintenance crews. Felipe Nava still has the yellowed identity card that allowed him into the United States and eventually got him a job paying 90 cents an hour — “which was beautiful,” he said — working for the old New York Central Railroad in Syracuse, N.Y. 

“Ninety cents was good money, enough to buy a shirt and a breakfast,” said Nava, 80, of LaGrange, Ill. 

SAN SALVADOR, El Salvador — Forensic investigators said Friday that the body of a California man killed in southern El Salvador was so badly decomposed that they were unable to determine a cause of death. 

On Thursday, police discovered the body of Mauricio Gonzalez, 68, a retired dental hygienist from San Ramon, Calif., in a well near his home outside a beach community 50 miles southeast of the capital San Salvador. 

The body was covered with bags filled with garbage and sand, said Mario Hernandez, director of San Salvador’s Institute of Legal Medicine. 

Hernandez said the body had been in the well for several days and had decomposed so much that a full autopsy was impossible.

LOS ANGELES — Excavation of an ancient seaport on Egypt’s Red Sea found spices, gems and other exotic cargo showing that sea trade linking the Roman Empire and India 2,000 years ago rivaled the legendary Silk Road at times, archaeologists say. 

“We talk today about globalism as if it were the latest thing, but trade was going on in antiquity at a scale and scope that is truly impressive,” said Willeke Wendrich, of the University of California, Los Angeles, a co-director of the dig. 

Wendrich and fellow dig director Steven Sidebotham, of the University of Delaware, report their findings in the July issue of the journal Sahara. 

Historians have long known that Egypt and India traded during the Roman era, in part thanks to texts that detail the commercial exchange of luxury goods, including fabrics, spices and wine, by land and sea. 

Now, archaeologists who have spent the last nine years excavating the town of Berenike, say they have recovered an array of artifacts that are the best physical evidence yet of the extent of sea trade between the Roman Empire and India. 

Among their finds at the site near Egypt’s border with Sudan: more than 16 pounds of black peppercorns, the largest stash of the prized Indian spice ever recovered from a Roman archaeological site. 

They also uncovered numerous beams hewn of teak, a wood indigenous to India, and Indian sailcloth. That suggests not just Roman ships, but cargo carriers built and rigged in the Asian subcontinent, visited the port, crossing the more than 2,500 miles of ocean dividing the two regions. 

Berenike lies at what was the southeastern extreme of the Roman Empire and likely functioned as a transfer port for goods shipped through the Red Sea. Trade activity at the port peaked twice, in the first century and again around A.D. 500, before it ceased altogether, possibly after a plague struck the region. 

Wendrich said ships would sail between Berenike and India during the summer, when monsoon winds were strongest. From Berenike, camel caravans probably ferried the goods 240 miles west to the Nile, where they were shipped downstream by boat to the Mediterranean port of Alexandria, she said. From there, they could have moved by ship throughout the rest of the Roman world. 

Mediterranean goods, including wine from the Greek island of Kos and fine tableware, moved the opposite way. 

The Silk Road was an overland trade corridor spanning Central Asia. 

“The Silk Road gets a lot of attention as a trade route, but we’ve found a wealth of evidence indicating that sea trade between Egypt and India was also important for transporting exotic cargo, and it may have even served as a link with the Far East,” said Sidebotham. 

While land routes were dependent on political situations, hazards to ancient mariners on the Red Sea were largely natural and the sea routes were generally considered cheaper, Wendrich said. “And the risks balance out quite neatly,” she added. 

The dry climate at Berenike preserved many organic materials from India that have never been found in the more humid subcontinent. Digging in a first century dump, the team found both Indian cotton sailcloth and batik-dyed fabric, along with gems and beads from what is now Sri Lanka, the archaeologists report. 

Indian pottery found in the 30-acre site suggests Indian traders lived in the town amid a hodgepodge of other cultures. Archaeologists found evidence that a dozen different scripts, including Tamil-Brahmi, Greek, Latin and Hebrew, were used in Berenike. 

Wendrich said the finds give “a very different flavor” to our understanding of long-distance trade at the time. 

“It was not completely induced from the West. The East played a very important role in initiation of the trade. That is something you don’t read in the textual sources at all; they are all from the Roman perspective,” she said. 

Elizabeth Lyding Will, an emeritus professor of classics at the University of Massachusetts at Amherst, said the finds help add “a whole new dimension to Roman archaeology.” 

“It looks to me that India was some sort of engine driving Roman trade during the early empire,” said Will, who has spent 50 years studying Roman amphorae, including finds made in southern India. “It could have been the chief focus of their trade.” 

——— 

On the Net: 

http://www.archbase.com/berenike/ 

http://www.saharajournal.com/ 

Hoping to implement  

a plan by fall 2003 

In a dramatic reversal, Superintendent Michele Lawrence and the Board of Education last night endorsed a move to small schools at Berkeley High in the fall of 2003. 

Earlier this year, Lawrence and four of the five school board members told a group of small schools advocates that, while they were interested in dividing the high school into compact learning communities, reform would have to wait until the district could work itself out of a financial mess and fix basic systems at the high school. 

“I’m elated,” said Terry Doran, the one board member who pushed for a rapid move to small schools earlier this year. “This is something I’ve been working on for 10 years.” 

In other developments, the board voted four to one to ask Berkeley voters for a raise from $875 to $1,500 per month and parent activist Cynthia Papermaster declared for the November school board race. 

Small schools 

Lawrence recommended that BHS divide into a series of “houses” in the fall of 2003. She did not suggest any themes for the houses, but said the handful of existing small schools at Berkeley High, which focus on environmental justice, communications and the arts and computer science, might compose one or more units of their own. 

The superintendent recommended that any other houses begin without a theme, possibly developing one “organically” over time. However, small schools advocate Kalima Rose, speaking to the board, suggested that a theme can be a strong unifier, creating “buy-in” among teachers and students. 

Lawrence also recommended implementation, by fall 2003, of two common small schools elements – common planning time for the teachers in each house and “advisories.” Ten to 15 students typically participate in an advisory, meeting regularly with an adult who helps to guide them through their high school experiences. 

The superintendent urged quick implementation of these basic, “non-controversial” elements to get the ball rolling on reform and said the high school could make adjustments thereafter.  

Lawrence moved toward rapid implementation after a one-week trip to small schools in Boston and New York City in late-April and early-May. 

The superintendent, who made the journey with BHS co-principal Mary Ann Valles, three teachers, a student, and a pair of small schools advocates, promised to arrange the trip at a stormy school board meeting Dec.19.  

Lawrence made the pledge after the board rejected a small schools policy written by the Coalition for Excellence and Equity, a parent activist group, effectively killing public debate on the issue for months. 

The coalition had argued that a shift to compact, themed learning communities would create a greater sense of community at the large school and help address the “achievement gap” separating white and Asian-American students from African-Americans and Latinos. 

The delegation presented its findings from the April-May trip Wednesday night. The team said the small schools were calmer and cleaner than Berkeley High, fostered community, involved parents and delivered improved special education programs. 

“I was extremely pleased with what I experienced,” said activist Gina Wooley, who made the trip, arguing that the school visits validated the research the coalition presented earlier this year in support of small schools. 

School board members looked favorably on the new reform push. 

“I feel very receptive to the ideas you are putting forth and the recommendations the superintendent has made,” said board President Shirley Issel, who was a strong opponent of rapid reform earlier this year. 

Pay raise 

The board voted four to one, with Issel in opposition, to request a pay raise from the voters in November. The City Council will have to approve the measure before it gets on the ballot. 

Board member John Selawsky, who made the proposal, argued that a board member needs to spend at least 30 hours per week on district business and that monthly pay, which has not risen since 1988, should reflect that reality. He also said board members could defer some of the increase to pay for a staff member who would conduct research and serve as a liaison to the public. 

But Issel argued that the request might appear unseemly given that the district faces a multi-million dollar deficit, even though school board salaries actually come out of city coffers. 

“We’re in a budget-cutting mode,” she said. “We’ve laid off employees. The impact on people’s lives – it’s devastating when people lose their jobs.” 

Proponents on the board acknowledged Issel’s argument, but said the matter should be left up to the voters. 

School board candidate 

Papermaster officially declared her candidacy for the November school board race late Wednesday night. She told the Planet she will call for greater fiscal responsibility on the board and a boost in teacher and parent participation in the district. 

Papermaster joins incumbents Issel and Doran and a field of four other declared candidates in a race for three slots on the board.  

Contact reporter at  

Scharfenberg@berkeleydailyplanet.net 

To the Editor: 

I would like to respond to David Sniper's letter of Wednesday June 12th concerning the proposed project at 2700 San Pablo Avenue. I am also a resident of Southwest Berkeley and want to see the area grow into a better and stronger business and residential community.  

Significant positive revitalization is slowly moving southward on San Pablo towards and into Southwest Berkeley. Many storefronts now house successful businesses and there is a growing pedestrian presence especially ay Dwight Way. Every Berkeley resident I know is encouraged and happy with the recent changes and wants to see more. Development at 2700 San Pablo represents a great opportunity to contribute to the revitalization of our local area. It is extremely important that this project is carefully considered in order to ensure that it truly contributes to its immediate neighborhood as well as to all of Berkeley. A cookie cutter approach will not do here- this project is too important - it's impact and the precedent it will make are too great. 

All of the "successful" new, large buildings Mr. Snipper compares the proposed project to are either in Downtown Berkeley (historically a dense part of the city, within 5-6 blocks of the University and a busy Bart station) or in Emeryville. The environment and context of downtown couldn't be much more different from San Pablo Avenue. As for the project in Emeryville, on San Pablo and 40th, that building has not contributed at all to pedestrian activity in any way- as anyone who drives by can see. If anything, it proves that putting a downtown sized building outside downtown, just gives you a really big building with lots of cars that need lots of parking. This proposed project will bring many cars with it and that will increase noise, traffic and congestion on an already overburdened street. 

This proposed project is too large. It appears to be 5 stories, because of the lofted fourth-floor apartments. Mr. Snipper is in incorrect in his statement that the uppermost floor has a setback. The final envelope of the building has no setback on the top floor and required additional height allowances from the ZAB in order to make the building even taller yet with an elevator utility tower rising above the roof deck. This looming wall of a building threatens a revolution of BIG buildings along San Pablo - which has many vacant and underutilized sites - altering radically the structural scale and character of the avenue. Consider the context - most of the properties directly behind the commercial buildings of San Pablo are small one and two-family dwellings ( as are behind 2700 S.P.). In addition, the avenue itself consists of almost all one and two-story buildings within Berkeley city limits. This project's 4 floors, which present a sheer face of 50 plus feet at streetside, is a very abrupt shift in scale. 

I welcome development 2700 S.P., but I and every person I have spoken with wants to see a project that conforms to the 1993 West Berkeley Plan, which foresaw "8 housing development sites with 152 units in three-story mixed use buildings on San Pablo." (This averages 19 units per development project.)  

Pamela Thomas 

Berkeley

“Cloud Nine” 

English dramatist Caryl Churchill’s hilarious 1979 radical feminist farce "Cloud Nine" was her breakthrough play in the United States. Churchill blithely tells one family’s story of incest, pedophilia, marital philandering, orgy and general sexual mayhem, drawing numerous links between nuclear family dysfunction and patriarchal imperialist politics. 

Filled with dirty puns, "Cloud Nine" is a comedic story about the sick world we live in, and an altogether enjoyable evening in the theater. On Wednesday, Berkeley Repertory Theater opened a funny and raunchy production of the play, doing justice to Churchill’s wacky vision. This is Monty Python on Quaaludes. 

"Cloud Nine" is also a lot about child rearing, and how adults pass violence and sadism on to the next generation. The play repeatedly examines a direct link between the abuse of women and children in the nuclear family, and the abuse of the third world by the first world. 

"Cloud Nine" divides into two halves. The first half is set in an expatriate British family compound in 1880 in colonial Africa. Here the family patriarch (a stiff upper-lipped Timothy Crowe) beats the locals while copulating with any woman who isn’t his wife. 

Former Shakespeare Santa Cruz artistic director Danny Scheie portrays frustrated wife Betty hilariously, turning much of "Cloud Nine’s" first act into an amusing drag show. 

But soon Betty turns her lust in the direction of explorer friend Harry (Hemingway look-alike Fred Sullivan, Jr.). Harry, for his part, directs his lust towards Betty’s young son. In this upstanding English family, there is plenty of sexual identity confusion to go around. 

The play’s second half follows the same people into a public garden in London in 1980 – a hundred years later historically, but through the magic of theater, only 25 years later in the lives of the family members. 

Here in modern times the marriages can dissolve, as everyone experiments sexually. Counterculture liberation makes for strange bedfellows, and weird triangles emerge. 

Further stirring the identity confusion soup, actors in the play’s second half swap characters and sometimes switch genders. There are many amusing performances. 

Scheie is wonderful as the dowdy, horny colonial wife. Her advice early on, "You don’t feel what you think you do," neatly sums up the emotional hall of mirrors this family lives in. 

Angela Brazil is terrific in act one as Betty’s lively son Edward, obsessed with his criminal crush on the much older explorer. 

Timothy Crowe, the randy patriarch of act one, morphs a hundred years later in London into an overgrown bratty girl with pigtails tended by her mother in the park. Crowe is a huge guy, and this is quite a funny change. 

Matthew Boston is the passive-aggressive African houseboy of act one, transforming in act two into a complex grown-up version of gay son Edward, now working as a park gardener. 

Director Tony Taccone makes it all work. Astutely, he allows the characters to have stretches of honest emotional struggle, particularly in act two, giving everyone a chance to breathe and connect.  

A touching love affair between two modern London women (Stacy Ross and Andrea Brazil) provides a foundation for much of the production’s feeling of rootedness. 

Since these characters are often trapped in delusional worlds, they have the potential to be merely cartoons in which sex or violence is the only form of connecting to others. 

The top half of a huge portrait frame emerges out of the ground, like an archeological artifact, at the back of scenic designer Loy Arcenas’ mostly bare stage – a reminder that with this family we’re getting only half the picture. 

"Cloud Nine" asks the question "What is normal?" After watching this production, which turns everything upside down, you realize the answer is not simple. 

What masquerades as love in families, and as justice in politics, often is not. And often it is love that human beings fear the most. 

Daily Planet theater reviewer John Angell Grant has written for "American Theatre," "Backstage West," "Callboard," and many other publications. Email him at jagplays@hotpop.com. 

riday, June 14

Democratic political activists 

Cafe de la Paz, 1600 Shattuck Ave. Berkeley 

A political party for aggressive progressives with Democrats.com 

events@democrats.com or www.democrats.com 

Judaism Workshop 

7 to 8:30 p.m.  

The Ecology Center, 2530 San Pablo Ave  

Earth Traditions: Judaism Rooted in the Earth... Healing the World in Jewish Thought and Practice 

(510) 548-3402 

$10 Ecology Center members, $15 others, no one turned 

away for lack of funds. 

Still Stronger Women 

1:15 to 3:15 p.m. 

North Berkeley Senior Center 

1901 Hearst Ave 

Oprah's Book Club and showing of " The Color Purple" 

(510)232-1351 

"The Million Dollar Question" 

11:45 for lunch. Speaker begins 12:30 

Berkeley City Club, 2315 Durant Ave. 

Robert Osserman, Ph.D. from the Mathematical Science Research Institute 

$11.00/$12.25, students free. 

Berkeley Women in Black 

Noon to 1 p.m. 

Telegraph and Bancroft 

A vigil for peace for Palestine and Israel 

(510) 548-6310, or www.wibberkeley.org 

Saturday, June 15

Berkeley Alliance of  

Neighborhood Associations (BANA)  

9:30 to ll:00 a.m. 

Fireside Room, Live Oak Park 

l30l Shattuck Ave. 

All welcome to network and 

share local information. 

(510) 849-46l9 or mtbrcb@pacbell.net 

Emergency Preparedness  

Classes in Berkeley 

9 to 11 a.m. 

997 Cedar Street  

Basic Personal Preparedness: Learn how to take care of yourself, your family and your home. 

981-5605 

Free 

The Great Rummage Sale 

10 a.m. to 4 p.m. 

Berkeley-East Bay Humane Society, 2700 Ninth Street 

Household items, glassware, clothing, furniture for sale. 

(510) 845-7735 

Chu Ko's Late Afternoon  

Adventure in International Art 

4 p.m. 

Berkeley Public Library Meeting Room, 2090 Kittredge 

Artist Chu Ko discusses his Chinese ink brush painting. 

(510) 981-6100 

Free 

Sierra Club Northern Alameda County  

Group Forum  

10:30 a.m. to 2:30 p.m. a 

Berkeley Public Library 

Forum on the benefits and problems of urban density with Rachel Peterson, John 

Holtzclaw and Martha Nicoloff. 

Call Jonna Anderson at (510)848-0800 x312 to reserve space 

Free 

The Sierra Student Coalition  

A retreat and planning meeting at Point Reyes National Seashore for high school and college-age students working to address local environmental issues. Meet other student activists, exchange ideas, and become more involved. All East Bay students are welcome at this event. Space  

is limited.  

For Reservations, call Jonna Anderson at 510-848-0800 x312  

Sunday, June 16

Field Trip to Remnant East Shore Habitats 

Meet at 10 a.m. at El Cerrito BART, southwest corner of parking lot (towards Albany Hill), then carpool to various sites, returning mid-afternoon. 

Visit a selection of critically rare habitats in and adjacent to the new East Shore State Park 

(925) 372-0687, e-mail elainejx@mindspring.com 

Free 

Buddhism 

6 p.m. 

Tibetan Nyingma Institute 

1815 Highland Place 

Lee Nichol on "Sacred Dimensions of Time and Space." 

843-6812 

Free 

Restoration Clinic 

9 a.m. to 7 p.m. 

1051 5th Ave. Studio C at E.11th St. 

Suigetsukan, a non-profit martial arts collective in Oakland, is raising funds for a new dojo. Massage 

therapists, chiropractors, acupuncturists, and other health professionals conduct yoga and stress management classes. 

(510) 452-3941 or www.suigetsukan.org. 

Food is the Earth's Way of Love 

Noon 

The Fellowship of Humanity, 390 27th St. Oakland 

Joy Moore, CoDirector of the Farm Fresh Choice program of Berkeley's Ecology Center 

(510) 451-5818 or HumanistHall@yahoo.com 

Monday, June 17

Multiple Sclerosis Support Group 

Rockridge Library 

Self-help support group. Meets the third Monday each month 

(510) 521-2436, or Rickpete99@yahoo.com 

"An Uncommon Friendship: From Opposite Sides of the Holocaust" 

7:30 to 8:45 p.m. 

Berkeley Richmond Jewish Community Center 

1414 Walnut Street 

Join Bernat Rosner, a Holocaust survivor as he reads from and discusses his counterpoint memoir co-authored with Fritz Tubach, the son of a German Army officer. 

848-0237 x127 

Free 

Lesbian, Gay, Bi- Sexual,  

Transgender National Day to  

Honor loved ones lost on 9/11  

The LGBT National Day of Honor, about creating a Day when all Lesbian,  

Gay, Bi- Sexual, Transgender, & questioning people and our supporters,  

can come together to help further our fight against continued second class  

citizen treatment in the United States.  

For more information, call 802.859.9604 

Poetry Express - Nance Wogan,  

followed by open mike 

7 to 9 p.m. 

A community open mike welcoming all artists 

Berkeley Bakery & Cafe 

1561 Solano Avenue 

Free 

Tuesday, June 18

Vigil Opposing the Sanctions  

Against the People of Iraq 

12 p.m. 

Oakland Federal Building,1301 Clay Street 

(510) 548-4141 

Carol Wagner: "Soul Survivors  

in Cambodia" 

7:30 p.m. 

Easy Going Travel and Bookshop,1385 Shattuck Avenue, Berkeley 

510-843-6725 

Arthritis Rap Session 

Noon to 2 p.m. 

Alta Bates Medical Center 

Maffly Auditorium- Herrick Campus 

2001 Dwight Way 

for more info: 644-3273 

Berkeley Camera Club Weekly Meeting 

7:30 p.m. 

Northbrae Community Church, 941 The Alameda 

Share slides, prints with other photographers 

(510) 525-3565 

Free 

Wednesday, June 19

"Part-time Parenting? A Career Networks Forum on Flexible Work Arrangements." 

6:30 to 8:30 p.m.  

Thousand Oaks Elementary, 840 Colusa, Berkeley  

Neighborhood Parents Network. Adults only. 

RSVP required: Amy Knowlden at knowlden@earthlink.net or (510) 526-4044.  

$5 NPN Members and $10 for Non-Members.  

Berkeley Peace Walk and Vigil 

6:30 pm 

BART Station, Shattuck & Center 

Weekly candle-lit vigil and peace walk to raise 

awareness and gather support for opposition to the 'war on terrorism' 

vigil4peace@yahoo.com, (510) 528-9217 

Thursday, June 20

Robert Fisk 

7 p.m. 

First Congregational Church, 2345 Channing Way  

Middle East Correspondent of the London Independent, in a benefit to rebuild Jenin refugee camp  

510-548-0542.  

$20 at Codys, Black Oak, Walden Pond and Modern times, or at WWW.MECAFORPEACE.ORG. 

"Women in War" 

7 to 9 p.m. 

University of Creation Spirituality, 2141 Broadway, Oakland 

An evening with international women's rights activist Zainab Salbi 

(510) 835-4827 ext. 29 

Suggested Donation $10-$15 

Pride Mass 2002 

7 p.m. 

Newman Hall-Holy Spirit Parish, 2700 Dwight Way 

LGBT Catholics celebrate 10 years towards creating a more inclusive world. 

(510) 663-6302 

www.calnewman.org 

Free 

Berkeley Camera Club Weekly Meeting 

7:30 p.m. 

Northbrae Community Church, 941 The Alameda 

Share slides, prints with other photographers 

(510) 525-3565 

Free 

Simplicity Forum 

7 to 8:30 p.m. 

Claremont Branch Library, 2940 Benvenue Ave. 

Discussion on how to lead a more simple life 

(510) 549-3509, or www.simpleliving.net 

Free 

Senior Men's Afternoon 

Pacific Center 

2712 Telegraph Ave. 

Gay senior men discussion group, 2nd & 4th Thursdays. 

510-548-8283  

Free 

Freedom From Tobacco 

5:30-7:30 Thursday Evenings, June 6-July 18 

South Berkeley Senior Center 

2939 Ellis Street  

A quit smoking class 

(510) 981-5330 

QuitNow@ci.berkeley.ca.us 

Friday, June 21

Paramount Movie Classics  

The Mummy, with Boris Karloff, 1932 

Doors at 7, Mighty Wurlitzer at 7:30, Newsreel, Cartoon, Previews, and Prize give-away game Dec-O-Win and feature Film 

2025 Broadway 

Oakland  

$5 

"Understanding the Achievement  

Gap in the BUSD" 

11:45 for lunch. Speaker begins 12:30 

Berkeley City Club, 2315 Durant Ave. 

Shirley Issel, MSW,  

president of the Berkeley Unified  

School District 

$11.00/$12.25, students free. 

Berkeley Women in Black 

Noon to 1 p.m. 

Telegraph and Bancroft 

A vigil for peace for Palestine and Israel 

(510) 548-6310, or www.wibberkeley.org 

Saturday, June 22

Celebration of Solidarity with the People of Afghanistan 

7:30 p.m. 

Trinity United Methodist Church, 2363 Bancroft Way 

Live music and slide presentation by Rona Popal. Benefits a widows project and orphanage in Afghanistan 

(510) 883-9252 

$10-$30 

Summer Solstice Celebration 

10 a.m. to 3 p.m. 

Berkeley Farmers' Market, Center St. and MLK Way. 

Live music, crafts, and summer solstice ritual. 

(510) 548-3333 

Free 

Emergency Preparedness Classes in Berkeley 

Disaster Mental Health: Learn about disaster-related emotional reactions. 

9 a.m. to noon 

997 Cedar Street 

981-5605 

Free 

Town Hall Meeting 

9:30 a.m. to noon  

East Oakland Youth Development Center, 8200 International Boulevard 

Congresswoman Barbara Lee on affordable housing with housing specialists and bank representatives 

(510) 763-0370 for reservations 

Sunday, June 23

Debt Cancellation for  

Impoverished Countries 

Noon 

The Fellowship of Humanity, 390 27th St. Oakland 

Tony Littmann gives us a brief overview on the causes and effects of the Third World debt crisis 

(510) 451-5818 or HumanistHall@yahoo.com 

Triaxium West and Aaron Rosenblum 

8 p.m., ACME Observatory 

Acme Observatory's home at Tuva Space, 3192 Adeline  

Admission is $0 to $20, sliding scale 

Monday, June 24

Shakespeare Festival Auditions 

10 a.m. to 1 p.m. 

Berkeley Rehearsal Hall, 701 Heinz Ave. 

California Shakespeare Festival is looking for people aged 14-18 to appear in The Winters Tale. 

(510) 548-3422 ext. 105, or www.calshakes.org 

Tuesday, June 25

Vigil Opposing the Sanctions  

Against the People of Iraq 

12 p.m. 

Oakland Federal Building,1301 Clay Street 

(510) 548-4141 

Berkeley Camera Club Weekly Meeting 

7:30 p.m. 

Northbrae Community Church, 941 The Alameda 

Share slides, prints with other photographers 

(510) 525-3565 

Free 

Magic School Bus Festival 

10:30 a.m. to 1:30 p.m. 

Lawrence Hall of Science 

Video Adventures. Other events for kids take place every Wednesday through August 21. 

(510) 643-5961 

$8 for adults, $6 for ages 5-18, seniors and disabled, $4 for children 3-4, free for children under 3. 

Funky Fridays  

Conscious Dance Party  

Every Friday, with KPFA DJs Splif Skankin and Funky Man.  

10 p.m. 

Eli’s Mile High Club, 3629 Martin Luther King Jr. Way, Oakland. 

655-6661 

$10 

Free Early Music Group 

Singers needed for small group of 15th and 16th century music every Friday 

10 a.m. 

North Berkeley Senior Center, Hearst at MLK Way. 

Contact Ann at 665-8863 

Wednesday, June 19 

Turtle Island String  

Quartet Concert 

8 p.m. 

Crowden School Music Center, 1475 Rose St. 

559-6910 for reservations 

$15 general, $10 students 

Thursday, June 20 

Caitlin Cray,  

Garrison Star, Boxstep 

9:30 p.m. 

The Starry Plough,  

3101 Shattuck Ave. 

841-2082 

$8, 21 and up 

Carrier-Thompson Cajun  

Trio and the Hot Club of  

San Francisco 

5 p.m. 

City Square and the Zen Garden at 1111 Broadway 

Gypsy-swing quintet, and Canjun/Zydeco group, beginning a series of summer concerts 

www.oaklandcitycenter.com 

Free 

Saturday, June 22 

Global Funk Council, Vanessa Lowe and the Lowlifes,  

Barbezz 

9:30 p.m. 

The Starry Plough,  

3101 Shattuck Ave. 

841-2082 

$6, 21 and up 

Thursday, June 27 

Meeshe, Scott Miller 

9:30 p.m. 

The Starry Plough,  

3101 Shattuck Ave. 

841-2082 

$5, 21 and up 

From the Attic: Preserving  

and Sharing our Past 

Through July 26, Thursday-Saturday, 1 to 4 p.m. 

Veterans Memorial Building,  

1931 Center Street 

Exhibit shows the 'inside' of museum work 

848-0181 

Free 

Saturday, June 15th 

"Time Out" Reception 

Reception, 5 to 8 p.m. Display  

up today to July 13 

Ardency Gallery,  

709 Broadway, Oakland 

New works from Corie Humble and Amy Morrell 

836-0831 

www.ardencyart.com 

Focus on the Figure 

Until Saturday, 10 a.m. to 5 p.m. 

A New Leaf Gallery, 

1286 Gilman Street 

An outdoor show of contemporary figurative sculpture 

525-7621 

Sunday, June 23 

"Red Rivers Run Through Us" Reception 

June 23 to August 11,  

Wednesday-Sunday,  

noon to 5 p.m. 

Berkeley Art Center,  

1275 Walnut St. 

Art and writing from Maxine Hong Kingston's veterans' writing group 

Reception, 2 to 4 p.m.  

644-6893 

Thursday, June 27 

"New Work: Part 1, The 2001 Kala Fellowship Exhibition" Opening Reception 

6 to 8 p.m. June 27 to July 31 

Kala Art Institute,  

1060 Heinz Ave. 

Featuring 8 Kala Fellowship winners, printmaking 

Reception, 

549-2977 

Thursday, July 11 

"New Visions: Introductions '02" Reception 

Works from emerging Californian artists 

Reception, 6 to 8 p.m. Display up from July 3 to August 10 

Pro Arts, 461 Ninth Street, Oakland 

763-4361 

Free 

Saturday, July 20 

"First Anniversary  

Group Show"  

13 local artists display work ranging from sculpture to mixed media 

July 18 to August 17 

Ardency Gallery, Aki Lot, 8th Street 

Reception, 5 to 8 p.m. 

836-0831 

Antony and Cleopatra 

Directed by Joy Meads 

June 15 to July 20,  

Thursday-Friday 8 p.m. 

La Vals Subterranean Theater, 1834 Euclid 

234-6046 for reservations 

$14 general, $10 student 

Abingdon Square  

Previews 16,18,19 at 8 p.m. Runs June 21 to July 6, Thursday to Saturday 8 p.m. Sundays 7 p.m.  

Julia Morgan Theater for the Arts, 2640 College Ave. 

The Shotgun Players,  

directed by Shana Cooper 

704-8210 www.shotgunplayers.org 

$18 regular, $12 students, previews and Mondays - pay what you can. Opening Night $25 

Midsummer Nights Dream 

June 21 to June 29,  

Fridays and Saturdays, 8 p.m. 

Magical Acts Ritual Theater, directed by Catherine Pennington 

The Black Box,  

1928 Telegraph Ave., Oakland 

653-6637 for reservations 

$15 - $25 

Don Pasquale Opera 

July 13, 15, 17, 19 at 8 p.m.  

July 21 at 2 p.m. 

Dean Lesher Regional Center for the Arts, Walnut Creek 

From the Festival Opera  

Association, a comedy by  

Gaetano Donizetti about an arranged marriage 

www.festivalopera.com 

Benefactors 

July 18 to Aug. 18, Wednesday-Saturday, 8 p.m. Sundays,  

2 and 7 p.m. 

Previews: July 12-14 and 17 

Michael Frayn's comedy of two neighboring couple's interactions 

Aurora Theatre Company,  

2081 Addison St. 

843-4822, www.auroratheater.org  

for reservations. $26 - $35  

The Shape of Things 

Sept. 13 to Oct. 20 

Aurora Theatre Company,  

2081 Addison St. 

Neil LaBute's love story  

about two students 

843-4822, www.auroratheater.org for reservations 

$26 - $35  

Alarms and Excursions 

Nov. 15 to Dec. 22 

Aurora Theatre Company,  

2081 Addison St. 

Michael Frayn's comedy about the irony of modern technology 

843-4822, www.auroratheater.org for reservations 

$26 - $35  

Poetry Diversified 

1st and 3rd Tuesdays,  

7:30 to 9 p.m. 

World Ground Cafe,  

3726 Mac Arthur Blvd., Oakland 

Open mic and featured readers 

Wednesday, July 3 

7:30 p.m. 

Cody's, 2454 Telegraph Ave. 

Boas Writing Group 

Stefani Barber, Jean Lieske  

and many more 

845-7852 

$2 

Wednesday, July 10 

Carmen Gimenez-Rosello,  

Dawn Trook 

7:30 p.m. 

Cody's, 2454 Telegraph Ave. 

845-7852 

$2 

Sunday, July 14 

M.L. Liebler and  

Country Joe McDonald 

Poetry and Music 

7:30 p.m. 

Cody's, 2454 Telegraph Ave. 

845-7852 

$2 

Wednesday, July 17 

Hannah Stein and Kevin Clark 

7:30 p.m. 

Cody's, 2454 Telegraph Ave. 

Authors of “Earthlight and In the Evening of No Warning.” 

845-7852 

$2 

Under-13 team heads to Utah to take on other state champions 

When the Bay Oaks under-13 girls’ soccer team heads to Utah this weekend to prepare for the U.S. Youth Soccer Association regionals, two recent additions will give the team some Berkeley flavor. 

Berkeley residents Kathleen O’Leary and Kate Berry-Millett joined a team that has been together for four years for the current season, and the Oaks have ascended to a national No. 4 ranking in winning the California Youth Soccer Association North State Cup in March. If they win the regional, which starts next weekend, they could reach the top of the national charts. Their head coach expects nothing less. 

“Our team has played in a lot of tournaments within the state, and we’ve won 99 percent of our games,” Noel Gallo said. “We’re used to competition and pressure. I’m sure we’re going to do well, and I predict that we’re going to win.” 

The core of the team started playing together at the under-9 level, and Gallo, whose daughter, Giana, plays on the team, started coaching the team four years ago. The Oaks are unusual in the realm of travel teams in that their coaching staff is all volunteer parents, unlike the paid coaches most high-level teams employ. Most of the team live in Oakland, but they also have players from Union City, Pinole and Fremont. Gallo said the family coaching has made his team unique. 

“We’re different from most other select teams. They have high-paid trainers and coaches, and their parents don’t have the connection to the team,” he said. “The parent participation is gone from 90 percent of the teams we play.” 

The Oaks have been one of the best teams in Northern California for the past three years, which is what attracted the Berkeley duo to come over from the Mavericks team. The team played for the State Cup for the two previous seasons, and won 10 tournaments with a 62-3-6 record this season. They dominated the State Cup, not allowing a single goal while scoring 29 times on the way to the championship, the organization’s third State Cup title. 

“There were a lot of reasons for Kathleen and I to come here,” said Berry-Millett, who is also part of an Olympic Development program. “We were looking for some new coaching, and we wanted to play on a team that was more competitive and serious.” 

As with any newcomer in an established organization, there was a period of adjustment for the new players. But Berry-Millett said the adjustment was most demanding on the field, as her new teammates were happy to get some new blood in uniform. 

“We play a pretty different style than the Mavericks, and it was strange at first,” she said. “But we caught on really fast.” 

Hillary Nakano is one of the team’s original members. She said Berry-Millett and O’Leary were quick to adjust to the team’s up-tempo, high-pressure style. 

“In the beginning they didn’t play like us, but they adjusted to our playing style pretty fast,” Nakano said. “It’s all good now.” 

Gallo said the two new players each brought something different to the Oaks. 

“Kathleen brings a great attitude to the field every day. She puts a smile on people’s faces,” Gallo said. “But if there’s a girl with a love for soccer, it’s Kate. She’s really blossomed to the next level, and she’s going to be a star.” 

Both Berkeley girls graduated from middle school on Thursday, Berry-Millett from Martin Luther King, Jr., and O’Leary from Black Pine Circle. Both will be freshmen at Berkeley High next year and should join the two-time defending ACCAL champion Yellowjackets. But first they have some unfinished business in East Jordan, Utah. 

“I’m really excited about going to Utah,” Berry-Millett said. “I think it’s going to be a lot more difficult and competitive.” 

The Oaks will face state champions from Nevada, Arizona and New Mexico in pool play. The final two teams will be named champions, as the under-13 level is the oldest without a national tournament. 

The Bay Oaks is a non-profit organization. For information about donations or sponsorship opportunities for the Bay Oaks, call team manager Dana Wren at (510) 452-3643.

The Berkeley Police Department this year will lose approximately 10 percent of its force to retirement when 12 officers – the largest group in recent memory – retire in July, and 10 more retire after that. 

The losses to the department, in part, stem from a statewide early retirement program made available with the January passage of SB90. Under the new law, public safety officers are eligible for retirement between the ages of 50 and 55 and can receive a pension of up to 90 percent of their pay.  

According to Berkeley Police Chief Dash Butler, who will be retiring from the force July 12, after 31 years of service, the new retirement program will provide officers a strong benefits program.  

“It’s a great package,” he said. “There’s no doubt it’s a great package.” 

While BPD has increased efforts to recruit and train new officers, the mass retirement will leave the department with a loss of experience and knowledge of the community.  

Currently195 officers are working at the BPD. 

Sgt. Patricia Delaluna, head of personnel training, says the retiring officers will take with them experience and respect that many younger officers have not yet achieved.  

“A lot of these officers have gained the respect of the community and people know they can count on them,” Delaluna said. “A veteran officer has gone through a lot in his or her day. They are working with the younger officers to train them for certain experiences but the real thing is hard to duplicate.” 

According to Delaluna, retiring officers take with them an understanding of how to respond to particularly difficult situations such as the 1990 hostage standoff at Henry’s Pub, when a mentally-ill suspect held 33 people hostage, killed one person and wounded an officer.  

Ten new officers will join the BPD after graduating from the Sacramento Police Department Academy on Friday. Ten more recruits have been selected for a July academy program and the department is selecting additional recruits for September training.  

According to Delaluna, the department chooses graduates from the Sacramento Academy because of its high level of training and professionalism.  

“We choose [Sacramento Academy graduates] because of the extreme professionalism,” Delaluna said. “We consider the Sacramento Academy to be the best in the state and feel that the officers come out at a much higher level than anywhere else. We have had a very happy relationship with them.” 

Officers at the Sacramento Academy receive 1,080 hours of training compared with 800 hours of training at the Contra Costa County Academy says Delaluna.  

City Manager Weldon Rucker says the department is in a constant state of recruitment. Currently, Berkeley is in direct competition with other cities while a statewide shortage of officers exists. According to Rucker, the department is selective, and is hoping to recruit officers that are both aware of and sensitive to the diverse and progressive population of Berkeley. 

Berkeley Mayor Shirley Dean said public safety departments throughout the state are feeling the effects of early retirement.  

“The state legislature opened the door for it, and now it’s a bargaining unit that every department in the state has picked up,” Dean said. 

Another explanation for the large number of retirements in July is that many were hired together about 30 years ago. Back then the department went on a hiring spree in response to protests and riots of the ‘60s. 

Many of the officers, in fact, served 30 years or more and are eligible for retirement under the previous program. 

Delaluna says her orders are to “hire, hire, hire.” 

But the department does not have plans to expand its staff past 205 officers. 

Increased efforts have been made to advertise openings for officer positions. Salaries for patrol officers range from $64,000 to $80,000.  

City officials say they’re confident the department will be able to train and recruit future officers, and that the retirements will not threaten public safety or diminish the services it already provides. But, officials say, the loss of experience still holds significance. 

Contact reporter at  

chris@berkeleydailyplanet.net

To the Editor: 

Some Americans believe that when government officials accuse, arrest, or detain a person that person must be guilty. This belief is a measure of the state of decay of our nation's educational system, mass media, and democracy. For in fact, throughout history, leaders of dictatorships and most democracies have resorted to false accusation as a tactic to bolster their rule and popularity. Accusation and guilt by association against citizens for political gain, made popular in the U.S. by Senator Joseph McCarthy, are inevitable, but the desire to believe the accusations without proof validates, and so amplifies the use of, this anti-democratic tactic.  

A month ago an American, born in New York, but with possible connections to Al Qaeda and possible interest in acts of sabotage was seized and is being held without charges. There are actually many hundreds of such secret detainees, but this one got offered up for lunch to the media based on the radioactive dirty bomb hook. Strikingly, Mr. Ashcroft admitted the man is not accused of planning anything, but of "intending" to plan. Motive, but no plan? Tell that to a judge.  

If there were no plans why did the government not use intensive surveillance to see if a plan was forthcoming? The only logical answer is that the case is more useful to them as a media event because there was scant evidence that he was likely to do anything. Given this logic, the man is detained and used in Mr. Bush and Mr. Ashcroft's campaign to further promote a police state. Even if he is associated with Al Qaeda, U.S. security agencies have all the tools to monitor his life and find accomplices.  

Americans who prefer this "pre-emptive" approach to security unwittingly endorse the appearance (not the reality) of a more secure nation and further totalitarian ends.  

Marc Sapir 

Berkeley

Berkeley filmmaker looks  

at everyday lives of Israeli and Palestinian children 

When Berkeley-based filmmaker Justine Shapiro asked her young Israeli cousins if they knew any Palestinian kids, in her cousin’s eyes, she became the crazy American. 

That was almost ten years ago, when Israelis and Palestinians were engaged in a hopeful peace process via the Oslo Accords, but peace was still far off. Shapiro didn’t realize how far. "I realized how naïve I was because I believed that because the New York Times said there was a peace process going on," said Shapiro. "What Israeli kids knew about the Palestinian kids was what they saw on TV … and what Palestinian kids knew about Israelis was the soldiers that they saw." 

Shapiro had been the host of a public television program called "Lonely Planet," now called "Globetrekker," and was keeping her eyes peeled for a rich documentary subject. The children of the Israeli-Palestinian conflict offered a unique window into the feverish border tension, whose chroniclers are often heavily biased or ineffectively neutral. 

"It wasn’t that they were victims of war," Shapiro explained about her child subjects. "They were spirited and funny and articulate. They would change their minds and they were mercurial. They were full-dimensional characters. There wasn’t anything out there that showed that." 

Shapiro found a hesitant partner for her production in B.Z. Goldberg, who was burned out on his previous job as a consultant for corporate conflict resolution. The Jerusalem-born Jew was reluctant to come on board. "Being so close to the subject would be too difficult, too painful. The conflict was too intransigent. I’d rather make a film about somebody else’s problems," said Goldberg, who had been considering documenting African conflicts. "Justine showed me that this topic was the topic that we had to make, right now." 

As luck would have it, "right now" was the only time to shoot "Promises," which would go on to be nominated for an Academy Award and the ultimate prize for any documentary – theatrical distribution, opening at the Shattuck Theater in Berkeley today. Shapiro and Goldberg shot a bulk of the film in 1997, 1998, and 2000, a period of relative calm between the signing of the Oslo Accords and the most recent and dishearteningly violent intifada. Now it is impossible for filmmakers to gain enough access to cross border checkpoints and freely enter Palestinian refugee camps.  

"When we were there, people were somewhat detached from the strong, passionate, vengeful emotion people are so overcome by at this time," Shapiro recalled. "It’s really hard to have a reasonable conversation with people living in the Middle East at the moment." 

Emotions may have been comparatively detached, but opinions regarding the people on the other side of the checkpoint – in some cases just down the street – were still sharp. Children who had brothers and friends "martyred" in the conflict, or have jailed parents speak very plainly of their discontent with other kids regarded as mortal enemies.  

Although the film takes great pains to walk a tightrope between the two warring factions, it is in love with the friendly and familiar relationships it creates with the children. It takes a few minutes to show a young Jewish girl explaining what she does on a holy day while struggling to separate two nested, plastic patio chairs stuck together. A cell-phone conversation takes place between an Israeli boy and a Palestinian boy over the merits of pizza versus humus. A chance playground meeting between an orthodox Jewish boy studying to be a rabbi and a Palestinian boy becomes a spontaneous belching contest. 

Through editing, deftly done by Shapiro’s husband Carlos Bolado (who worked on "Like Water For Chocolate" and "Amores Perros," and whose 1999 film "Baja California: The Limits of Time" garnered deserved praise at international film festivals), the film creates a sense of symmetry between the kids’ lives across borders: They like sports, they brush their teeth, they bicker with their parents, etc. 

But the images reveal a disparity of power. Middle-class twin boys take the bus to school from their house in Jerusalem while a Palestinian boy named Faraj 20 minutes away runs on the dirt streets of a refugee camp. "They’re growing up in a situation where there is a country with an enormous amount of power – Israel – and these people who are living in incredibly difficult conditions and really living a life of oppression," said Goldberg. 

It’s difficult to point a camera anywhere in the Middle East without capturing some sign of political tension. At a volleyball tournament in which the twins are playing, a man sits in the bleachers holding a semiautomatic rifle, and a track meet where Faraj sprints is overlooked by Israeli military helicopters. The three filmmakers massaged the material to give the children’s lives center spotlight – their hobbies and games and families – but reminders of the conflict are omnipresent. 

"The twins come in second in the volleyball championship, and Faraj comes in second in the race," said Goldberg. "For me this is such an incredible metaphor…" 

"…’Promises’ came in second at the Academy Awards," Shapiro interrupted. 

"Right. This is such an incredible metaphor for what’s going on in the Middle East. There was a feeling during the so-called peace process: we almost made it; we’re so close and we came in second; we didn’t get there, maybe next time."  

Goldberg became a part of the action in the film, albeit reluctantly. He interacted with the kids on camera to draw out their ideas and feelings, even challenging a young boy in the Muslim Quarter of Jerusalem how he can consider Goldberg a friend while hating the Jews of Jerusalem.  

"I went kicking and screaming," said Goldberg about going in front of the camera. "I felt like I was interfering; I didn’t want to get in the way of the kids." It was the wisdom of his co-director that pushed him into the spotlight. 

"Again, it was Justine’s vision and genius that the audience is going to need a way in. This is a very complex subject, and it’s been portrayed in such black and white terms in the mainstream media, what we wanted to do was go a lot deeper. … And the only way the audience could relate to what was going on was if they had someone who could take them in." 

The filmmakers were not practicing fly-on-the-wall documentary practices. They directly engaged with their subjects, and even changed the course of the children’s lives. The children would have never met if not for the filmmakers. 

In the film Goldberg tells Palestinian children about the Israeli kids, and vice versa, showing them Polaroids. While speaking with Faraj about the twins, suddenly Faraj wanted to speak with them via cell phone. After some technical wrangling to secure sound recording, two boys who should have never met began talking sports. 

"We wanted to make an accurate depiction of thee kids lives, and they don’t meet. They live 20 minutes apart and they never meet. So we decided the kids will not meet despite the fact that our funders said, ‘you’re going to make the kids meet, right? We’re going to have some hope at the end of this film. This is going to be an American film, like Hollywood. You know: hope? Happy ending?’ And we said no, these kids are not going to meet because they don’t meet." 

But the kids were determined to meet each other, and the filmmakers planned a day to bring the twins from Jerusalem into Faraj’s refugee camp to meet with other kids, play soccer, wrestle, eat, shoot slingshots, and talk. And as they talk about how they feel about each other Faraj starts to cry. It’s because Goldberg will soon leave, he explains, and then what will happen? 

As Shapiro and Goldberg insist, they let the kids lead the action and they followed to contain it, Goldberg finds another political message. "It’s in a way a metaphor for what’s happening in the Middle East. There hasn’t been a single development in the last 100 years that hasn’t been shepherded by a major power, and not a single development in the last 50 years that wasn’t shepherded by the United States." 

Shapiro said they didn’t want to make a social-issue film, nor a film that would conform to the filmmakers’ clashing political agendas. "The film answers the questions of three different people," said Shapiro. "As a Jewish American I had my approach to the conflict, which was unique to B.Z.’s who had grown up there, which was unique to Carlos’ who had come from a Mexican, third-world background and was more sensitive to the Palestinian political aspirations than B.Z. and I were." 

The editing alone took two years because of the constant discussion, negotiating, and arguing about the nuances of the film’s narrative and political angle in each scene. Goldberg said any one person could not have made "Promises." "We wanted to make a film that would be dynamic and stand up to "Spider Man." We used to say people had to leave the film saying, ‘I laughed, I cried, it was much better than Cats.’ 

"Also, it’s such a complex issue, and so much of what we see in the mainstream media is polarized. We managed, by the grace of God, to walk a very very fine line and keep going to different sides in the conflict. We relished the tension between us – especially in hindsight. At the time it was difficult." 

Keeping the streets safe for pint-size pedestrians is a lot of work and takes a considerable amount of preparation, the Bicycle Friendly Berkeley Coalition can attest to that. 

Staff, students, parents and teachers involved in the program designed to make the roadways safer for children going to and from school gathered this week to acknowledge the teamwork that goes into it. Four area schools were acknowledged at an award ceremony participating in the program — Malcolm X, Longfellow, Willard and Le Conte Elementary Schools. 

“We basically took the time to recognize everyone who has contributed in the project,” said Sarah Syed of the coalition. 

The Safe Routes program affiliated with the coalition began in the fall of 2000, working with approximately 10 local school. Since then the number of schools the program has worked with has narrowed. Syed said the coalition specifically began to target fewer schools to create more lasting impacts as opposed to having a less significant impact upon a larger number of people. 

Ciera Richard lives six blocks away from her school Macolm X Elementary School. Recently her mother has been allowing her to walk to school but not home in the evening.  

Richard recently spoke to City Council, attesting to what a positive experience she has had with Safe Routes. In fact, her class recently took part in a Science Project involving the walking patterns of children in the area. 

“We did a hypothesis of how many kids came to school by walking, by car or rode their bike,” Richard said. “And the answer was that most people are driven.” 

The answer to that hypothesis is perhaps the major concern of Safe Routes. They contend that the various thoroughfares that stand between the schools and the students’ residences as well as the unsafe driving patterns of parents to be the main reason for most pedestrian accidents. 

The reason Ciera Richard does not walk home from school is directly related to these traffic patterns. 

“I let her walk to school in the mornings but I drive her in the evenings,” said Yolanda Maker-Richard, Ciera’s mother. “She has to cross Sacramento. There’s a crossing guard there now. But in the evening, especially if I-80 gets backed up it is too dangerous.” 

The crossing guards are a recent addition. With the passage of SB10 -Soto last fall, approximately $70,000 capital projects will be made available over the next three years. In addition funds have been made available through the California Department of Health Services to provide planning and organizing for Safe Routes.  

Yolanda Maker-Richard has been living in the same home for 44 years. In fact, she attended Malcolm X when she was a child, only then it was named Lincoln and she says though Berkeley is better than many cities when it comes to pedestrian safety that something needs to be done. 

Syed agreed, blaming automobile-oriented city planning to the unsafe roadways. 

“More and more space is being stolen from pedestrians,” Syed said. “It’s a vicious circle.”  

Contact reporter at  

devona@berkeleydailyplanet.net

To the Editor: 

Scorching my rear bumper and tailpipes with their head lamps as they follow me at 25 along Hearst, Milvia, Ashby, Delaware, Hopkins Monterey, Dwight and the like... sometimes honking, or passing me, or just pressing me closely, they, my road brothers, seem to be trying to suggest that I should drive the way they do. Do these represent the sophisticates that work or live or study in Berkeley? They can be found during rush hours, at noon, midday, evening, or early morning. 

They're a gold mine just waiting to be unearthed, possible pockets of wealth to be tilted into the city coffers. They're late for an important date with the judge in traffic court. 

Drivers make mistakes like clockwork, all the time, according to studies reported in an article recently in the New Yorker; and of course, mistakes lead every so often to accidents, like clockwork. Misunderstandings may lead to mistakes; misperceptions may lead to misunderstandings; distractions, sleepiness, dreaming, and unawareness may lead to misperceptions; I saw an adult leap unlooking into the oncoming traffic flow recently, evidently believing the painted crosswalk and the law might save her from tons of metal flying at her. 

A news item recently noted a million dollar loss to meter tampering around campus. Here may be a chance to recoup. 

Regards, 

Tim Plume

A handful of residents in south Berkeley is making a stink about a posse of neighborhood cats and their redolent feces. 

According to Fairview Street resident Aran Kaufer, the city is illegally funding a refuge for stray cats in a yellow, one-story home in a residential section of town, turning nearby lawns into feline-friendly grounds for cat urination.  

Dozens of cats live or eat at 1408 Fairview St. and have little respect for property lines, neighbors say. 

Kaufer, with a petition signed by 10 of his neighbors, is asking the city to reconsider subsidies it provides to the animal rescue group Home at Last, which Kaufer says is masterminding the residential shelter. 

Although the owner of the 1408 Fairview St. property could not be reached for comment, volunteer staff of HAL say the Fairview cats have little to do with their nonprofit organization. 

The homeowner sits on the organization’s board of directors and adopts cats from animal shelters, according to HAL managing director Allan Katz, but the Fairview cats are her “personal animals” and aren’t related to the group’s operations. 

HAL’s mission is to remove animals from the city-run Berkeley Animal Shelter, where euthanization takes place, and find homes for the animals. The organization prides itself on having rescued 300 animals last year. 

The city gives $25,000 annually to HAL for their animal control efforts, and HAL volunteers have recently asked the city to boost that amount to $60,000 next year. 

Fairview Avenue residents want to make sure this doesn’t happen, fearing the money will make its way to 1408 Fairview St. to fund accommodations for more cats. 

“It’s people from the pound bringing the cats here... It used to be as many as 15 a day,” said Fairview Street resident Pat Lewis. “We don’t want this going on. It’s not the place for it.” 

The aptly-named Katz contended that cats have not been taken in at 1408 Fairview St. for more than a year. In fact, he said, HAL has helped the homeowner find new homes for 10 of her cats since December. 

“The neighbors’ allegations are unsubstantiated. They obviously have some other problem with her [the homeowner] or cats,” Katz said. 

City officials say there is no limit to the number of cats a homeowner can have in Berkeley and laws pertaining to the trespass of pets don’t apply to the situation on Fairview Street. The cats that live inside the Fairview Street home are legally registered, and wildcats going there to eat aren’t officially owned by the homeowner, explained Assistant City Manager Jim Hynes. 

Hynes said that city health and code enforcement officials have visited the site, but no blatant breaches of the law were observed. 

“The non-commercial nature of the [homeowner’s] activities means that the simple fact that a large number of cats are living at 1408 Fairview is not a formal violation of current city policy,” read a city memo. 

As for HAL’s recent funding request, Hynes said other factors beyond the 1408 Fairview property will be playing into the city’s monetary decision, namely the organization’s performance. 

“There might be other operations that need the additional funds,” said Hynes.  

A funding decision is expected early summer, officials said. 

Contact reporter at  

kurtis@berkeleydailyplanet.net 

In an ideal place you could eat Everett and Jones Barbecue, throw back a couple of cold ones, listen to live blues and enjoy sunshine all at the same time, any time. Unfortunately, that’s not an everyday kind of thing, but it will happen this Saturday from 11 a.m. until 9 p.m. in Jack London Square. 

The 5th Annual Blues Alley Barbeque, Beer and Bluesfest is the brainchild of Dorothy King of Everett and Jones, D'Wayne Wiggins of Grass Roots Entertainment and Thomas Parker of Brother’s Brewing Company.  

Five years ago, they saw the occasion of Juneteenth (an unofficial holiday commemorating the emancipation of slaves in the United States) as the perfect opportunity to highlight the contributions made by African Americans to the culture of Oakland. All three companies are African-American-owned and Oakland originals. 

Berkeley locals might be familiar with Everett and Jones Barbecue on San Pablo if not from another East Bay location. They have been serving smokehouse-style barbecue in the East Bay since 1973. Brother's Brewing company is another Oakland-based company — the only African-American owned brewing company in North America.  

The four-block festival will feature singer/songwriter, Bobby Womack, Little Milton, Barbara Dane and Jess James among other performers.  

The Barbeque, Beer and Bluesfest averages about 3,000 people each year from Oakland, Berkeley and various other Bay Area cities.  

King anticipates twice that number this year. He says the event will be a “good family outing, but also supports a good cause.”  

Proceeds from the event will go to support the LoveLife Foundation. The LoveLife Foundation was founded in November of 1997 by Donald Lacy in memory of his daughter, LoEshe Adanma Lacy, who was senselessly murdered in a drive-by shooting at her high school. The LoveLife foundation aims to help youth discover positive and life-affirming alternatives to the destructive influences of drugs, gangs and the dangers of life on the streets.  

For the fifth consecutive year, the Blues Alley Barbeque, Beer and Bluesfest promises to be a great time in the sun, and a great way to support the local community.  

RS makes two big mistakes 

MARSHALL, Mo. — Getting a check from the IRS is usually a good thing. Diana Doss has learned to think otherwise. 

For the second year in a row, she’s been sent a refund for almost $200,000 — a surprise for a woman who juggles jobs at a rehabilitation center and a local Wal-Mart. 

After her first mistaken refund, Doss contacted the IRS and was told to write “VOID” across it and send it back. She did. 

On June 3, she got another check, this time for $188,368.44. 

“When I open the mail, I’m just devastated,” Doss said. “It’s a lot of stress on me to try to get this straightened out, and they’re not getting it straight.” 

Generally, when such mistakes are pointed out to the IRS, they’re corrected without a problem, said Kris Moore, an IRS spokeswoman. 

“If we didn’t fix the problem, I apologize for that,” Moore said. If Doss or someone else in a similar situation did cash the check, Moore said, the person would be responsible for repaying the amount plus interest to the IRS. 

Bucky, come home  

MADISON, Wis. — University of Wisconsin-Madison officials are wondering where a Bucky badger costume has burrowed. 

One of about four Bucky costumes was stolen from its off-duty location at Camp Randall Stadium some time between May 30 and June 4, UW-Madison Police Sgt. Pete Ystenes said Tuesday. 

“It’s not something you could stick under your shirt and sneak out easily,” Athletic Department spokesman Vince Sweeney said. 

The costume, valued around $4,000, should stand out in a crowd. 

Five-year-old is a bit short  

WILBRAHAM, Mass. — Benjamin Crevier recently got a personal invitation from Vice President Dick Cheney to a $2,500-a-plate dinner with President Bush. 

The only problem is, Ben is just 5 years old. 

It seems his name came to the attention of the dinner organizers as part of a magazine subscription list. Ben’s parents had filled out some subscriptions years ago in their son’s name as part of an airline deal. 

Ben’s father, David Crevier, said he’s a lifelong Democrat but registered Republican to vote for John McCain in 2000. He sent Cheney a thank-you note, signed by Ben, explaining that his son couldn’t make the dinner because he was a bit short on the $2,500 tab. 

“I currently have $11.97 ... in my piggy bank and about $200 in U.S. Savings Bonds and my dad has promised me an allowance beginning at age 8,” the note said. “Would you be willing to lend me the balance? I promise I am good for it.” 

No, that is not an embassy or a United Nation’s chapter on the southwest corner of Martin Luther King Jr. Way and Parker Street. But the flags from around the world that hang above the sidewalk there could give that idea. 

Philip V. Hull is the man behind the rotating display. A couple of years ago Hull installed a flag pole at his residence to showcase some of the flags from his extensive collection. Deciding that one flag pole would not do justice to the 100 or so flags he has collected over the past 15 years, he installed 12 more along the outer fence of his yard.  

The result is a colorful tribute to the cultural richness and diversity of the people of Berkeley.  

Even the most knowledgeable world-traveler might be stumped by some of the featured banners. The current lineup includes the flags of Hawaii, New Zealand, Nepal, Papa New Guinea, Whales, Palestine, Costa Rica, El Salvador, Honduras, Lebanon and the European Union.  

Hull, a psychology professor at John F. Kennedy University in Orinda, is a world-traveler, himself. His collection consists in largely of flags representing nations where he spent a significant amount of time because "the people were good to me." Hull has quite a few to choose from in this category. Former residencies include Jordan, Palestine, Iran, Afghanistan, India, Indonesia, Bangladesh, Fiji, Sri Lanka, New Zealand, Australia, Micronesia and the Republic of the Marshall Islands.  

He flies the flags to draw awareness to oppressed people including East Timor, in the past, and is currently displaying the Palestinian flag. The latter has drawn the ire of some passers-by. Hull finds it surprising that "even in Berkeley it is dangerous to express solidarity with the Palestinian people.” But he will continue to do so. Recently Hull bought a Kwanzaa flag that he plans to fly next year during Kwanzaa’s holiday. 

Some of the flags he chose based purely on the artistry in the flag. He particularly likes the Welsh flag, the design of which features a dragon. He lists the flags of Papa New Guinea, Fiji and the Costa Rica as among his favorites.  

Hull credits Joseph Charles as inspiration for his efforts. Charles, who recently died, became well-known for waving at commuters during rush hour traffic while wearing his trademark bright yellow gloves. Charles’ death this March was lamented by the community, who came to know him as “Waving Man of Berkeley.” Hull hopes that now his display will ease commuters in a similar way.  

Flag day is approaching on June 14. It marks the anniversary of the day in 1777, when Congress formally adopted the Stars and Stripes as the national flag. An American flag is not among Hull’s current display. When asked if there will be one on Friday, Hull replied that he is undecided. You will have to drive by to find out.

ORTONA, Fla. — In a June 6 story, The Associated Press erroneously reported that archeologists in South Florida had discovered the oldest canals ever found in North America. 

The canals discovered in Ortona, Fla., were the oldest canals used for fishing and transportation purposes. Older canals, used for irrigation, have been unearthed in the southwestern United States. 

The transportation canals are about 1,700 years old. Some irrigation canals located near Tucson, Ariz., are about 3,000 years old. 

SACRAMENTO — One month after dramatically losing momentum at the doorstep of victory, environmentalists aiming to curb California auto emissions are remobilizing to gain a handful of votes for a showdown expected by Aug. 31. 

“Every major environmental group is on board and putting it as a priority,” says Elisa Lynch, global warming campaign director of the San Francisco-based Bluewater Network. “We all have big memberships and we’re letting folks know.” 

The coalition vows to regain a hard-won political edge secured with two successful votes to make California the nation’s first state to fight global warming by restricting auto exhaust. But a necessary third vote is stalemated after an auto industry campaign mobilized public opposition and scared off several legislative supporters. 

Says Bluewater’s Lynch, “We’re actually pretty confident we can get there in the end. It’s going to take a little more work than we thought.” 

Bluewater is targeting 10 Democratic Assembly members who abstained last January when the bill, AB1058, passed the Assembly by two votes. It’s also eyeing wavering initial supporters, including Democratic Assembly members John Dutra, who represents a Fremont auto-assembly plant owned by Toyota and General Motors, and Joe Canciamilla of Martinez, whose district includes oil refineries. 

A consortium of 13 global automakers and California’s 1,600 new car and truck dealerships remains equally determined after its last-ditch strategy to delay the Assembly from ratifying Senate changes to the bill proved successful. 

“If they want to take the fight through the 31st of August, we’ll stay with them through the 31st of August,” says Kris Kiser, vice president of state affairs at the Washington, D.C.-based Alliance of Automobile Manufacturers. 

“We’ll stay on the air as long as it takes,” Kiser says. 

Within two weeks the alliance will roll out another television campaign featuring celebrity California car dealer Cal Worthington. The dealer’s May ads produced 100,000 letters, e-mails and phone calls to legislators and Gov. Gray Davis, says Bill George, vice president of Sacramento-based KPC Communications. 

The aim is to raise more public skepticism — and new calls and letters — over a bill that opponents call a “backdoor” attempt to limit sport utility vehicles, minivans and pickup trucks that make up half of new vehicle sales nationally. 

For both sides, eyeing the nation’s largest vehicle market, it’s become a war of attrition and focus while the 2002 legislative session rolls into its final 2 1/2 months. 

Introduced by Assemblywoman Fran Pavley, D-Agoura Hills, the bill gives automakers until at least 2009 to begin trimming carbon dioxide emissions from vehicle exhaust. Unlike previous state laws that regulate poisonous exhaust gases, carbon dioxide is a natural, nontoxic byproduct of fuel combustion.  

But many scientists consider it a “greenhouse gas” contributing to a gradual warming of the earth. 

NEW YORK — A Web browser project run primarily by volunteers and backed by America Online is making one last stab at challenging the dominance of Microsoft Corp. 

The group released its Mozilla 1.0 package this month — some four years after AOL’s Netscape unit launched the project. 

And while analysts aren’t sanguine about the browser’s prospects, there is excitement among those who believe Mozilla’s real strength lies in its versatility and potential for gadgets such as wireless devices where Microsoft is not yet dominant. 

“Internet technology is (being) transformed into a privatized world, developed and run for the benefit of a small number of vendors,” said Mitchell Baker, the project’s general manager. “Mozilla is a critical component of keeping the Web open and allowing innovation.” 

Microsoft’s Internet Explorer now has a global usage share among browsers of 93 percent, up from 87 percent last year and 67 percent in 1999, according to WebSideStory’s StatMarket. 

Netscape’s current share is less than 6 percent, with the remainder using Opera and other browsers. 

Mozilla may thrill some tech-savvy users, “but it’s not going to make a dent with the mainstream,” said WebSideStory’s Geoff Johnston, unless, that is, AOL Time Warner puts major marketing muscle behind it. 

AOL is using Mozilla in newer Netscape browsers, including the 7.0 version now available as a preview release. The company is also testing Gecko, the Mozilla component that displays content on a screen, for its flagship AOL service, which now runs on Internet Explorer. 

Microsoft declined comment on how much of a threat it considers Mozilla, saying it cannot speak on rival products. 

The Mozilla project began in 1998 when then-independent Netscape shifted its browser strategy to better compete with Microsoft. Netscape released its source code, or software blueprint, to the public and encouraged developers to offer improvements. 

Several months into the project, the Mozilla team decided to scrap the Netscape code and start from scratch to create a modern software platform on which to build many applications — not just browsers. 

In early 1999, AOL acquired Netscape. 

Now that Mozilla 1.0 is finally done, it’s available for download at www.mozilla.org. But there’s no Mozilla help desk for users. 

The focus instead will be on assisting developers, such as Netscape and Red Hat Inc., who can package and ship products and offer support to users. 

The power of Mozilla, which got its name from Netscape’s dinosaur-like mascot, is its open-source nature. Users who can’t get satisfaction from existing browsers can adapt Mozilla themselves. Versions are being developed for Internet kiosks, game consoles and cable television set-top boxes. 

Because of its modular build, Mozilla can be the ground floor for myriad unbrowserlike applications: games, desktop calculators, music-video players, word processors. 

“We really are building an Internet operating system at this point,” said Tim O’Reilly, a technical publisher and leading advocate of open-source software. “Components of Mozilla are useful parts of that framework.” 

Andrew Mutch helps develop and uses a version called K-Meleon in the Waterford Township, Mich., public library, where he is systems technician. 

He says other browsers don’t let him turn off features the way K-Meleon does, making them difficult to manage in multiple-user settings. 

WorldGate Communications Inc., which makes systems for interactive television, is customizing Mozilla for set-top devices, preferring it to proprietary software from potential competitors. 

“We need to be independent enough that we can set our own course and not be beholden to someone else’s priorities and schedules,” said Gerard Kunkel, WorldGate’s president. 

The Mozilla team officially makes versions for Macintosh and the open-source Linux, and volunteers translate it to several other systems. Versions are planned in at least 38 languages. 

In some respects, Mozilla will compete head-to-head with Opera, another popular browser within a niche, tech-savvy community. Both browsers, for example, share such features as a pop-up ad blocker. 

Opera chief executive Jon S. von Tetzchner isn’t worried about the competition. With 1 million new installations of Opera each month, both have room to grow, he says. 

Mozilla’s Baker insists the project’s success is critical to the Web’s future.

Building a tree house 

In the movie “Forrest Gump,” Forrest said he and his lifelong friend Jenny were so close growing up that they were like “peas and carrots.” That vegetable combination would be an apt descriptive term for children and tree houses. Kids love them. 

What is it about a tree house that can put a smile on a child’s face? Perhaps it’s that such a perch allows them to be high off the ground and see things that can’t be seen with little feet planted firmly on the ground. Maybe it has something to do with being enveloped by nature — wind, branches, leaves and birds and squirrels. Or it might be the independence that comes from having one’s own secret hiding place — a place from which to “spy” down upon others. Whatever the reasons, building a tree house can be an exciting parent-child experience; one that will be remembered long after the tree house is gone. 

A tree house is essentially a platform upon which there could be a roofed shelter and an open area, fenced around. There must be a small space for access by a ladder, but it should be otherwise enclosed to prevent falls. Unlike plans for a playhouse, those for a tree house are not feasible because no two trees are alike. Building a tree house is one of those design-and-build-as-you-go projects. 

There are basic design criteria that will ensure a safe and lasting tree house without jeopardizing the life of the tree. The process involves notching and cutting branches and nailing into the tree. Consult an arborist or tree surgeon for advice so as not to harm the tree. 

The biggest challenge to building a tree house is finding a tree that will serve as a foundation. The tree must have a rigid trunk and strong branches that will allow a suitable size at a convenient height. This can be asking a lot of one tree. Sometimes a tree house can be supported by two or more trees. For example, a tree house can be nestled into a grove of redwood trees. In contrast to the traditional single-tree, branch-supported tree house, the trunks support the floor system with this method. 

Since trees are alive and grow, the tree house must be designed to accommodate their changes. Connections to the tree should be made using nails or construction screws. Lag screws can be used for added stability and a more durable structure. Avoid lashing the connections with rope, cable or wire, as each can strangle the tree or limb as it grows. 

The first step is to locate a horizontal plane in the tree where a level floor or platform can be built. The size and shape of the platform will depend on the available space; however, a square or rectangular frame can maximize space and make construction easier. Begin the platform frame by fastening two reasonably parallel 2 by 4 beams to the tree branches. Next, install two parallel beams perpendicular to the first two beams. The trunk or sloping branches might need to be slightly notched to accommodate the platform frame. Notches also will offer added support for downward loads and will prevent slipping. Complete the platform framing by installing joist spaced at 16 inch to 24 inch centers. The joist can be hung from the frame using joist hangers or end-nailed using nails or construction screws. 

If the shape of the frame for the platform doesn’t look anything like a square or rectangle, consider installing the floor joist on top of the frame. This will allow greater design flexibility by permitting one or more tree branches to pass through the floor. 

Once the floor frame is complete, the floor material can be installed. Fence boards are a good choice. They are rustic looking, easy to install and, when properly spaced, will allow drainage that will prevent rot. Fasten the floorboards to the floor framing with nails or construction screws. 

If your tree house will have a roof or partial cover, uprights consisting of 4 by 4 posts should be installed before the floorboards are. Posts will also be needed as support for a rail that will surround the entire perimeter of the tree house. This is a safety requirement. All posts should be attached to the floor frame using nuts, bolts and washers. Use two bolts at each connection. 

The roof, which should have a slight pitch for watershed, can be supported in much the same fashion as the floor — rail frame and joist fill. Painted plywood makes for a good, watertight roof. Use brown or green acrylic latex paint that will blend in with the tree. 

While a roof can keep little ones dry, it is the rail that will keep them safe from a nasty fall. The rail consists of support posts, a bottom rail fastened to the floorboards, a top-cap rail fastened to the inside face of the support posts and the pickets. The rail can be solid or made of pickets from fence boards spaced no more than 4 inches apart. In either case, the material should be fastened from the interior so outward-thrusting movement cannot weaken the rail. 

The same holds true for siding at walls. Fasten plywood or fence boards from the interior to maintain strength and prevent falls. If you fasten from the outside, only the fastener takes the load, and it could be pushed out. 

Once the tree house is completed, you will need a means of getting in and out of it. One often-used means is boards nailed to the trunk. This method involves excessive nailing that can injure the tree. It also isn’t very safe. Safer alternatives are a wood frame ladder made of 2 by 4 rails and 1 by 4 rungs. Another more kid-popular option is a rope ladder, because it can be drawn up to prevent “unwanted intruders.” 

A rope ladder can be assembled using wooden closet pole dowels and half-inch rope. Cut the rungs to about 18 inches, and drill two parallel 5/8-inch holes — one inch in from each end. Thread the rope through holes, and place a knot every 16 inches. 

A tree house is for keeping “bad guys” out, “good guys” in and spying on the “enemy.” It enables a child to be the master of his own house and provides him with memories as indelible as the initials so carefully carved into its host tree. 

For more home improvement tips and information visit our Web site at www@onthehouse.com.

A professor from the University of California at Berkeley and a colleague today shared with NASA their discovery of a planetary system that reminds them a little of our own solar system.  

At a news conference at NASA headquarters in Washington, D.C. today, UC Berkeley astronomer Geoffrey Marcy and Carnegie Institution of Washington astronomer Paul Butler announced the discovery of a Jupiter-like planet orbiting a sun-like star at nearly the same distance that Jupiter orbits our sun. 

"This is the first near analog to our Jupiter,'' said Marcy, a professor of astronomy and director of UC Berkeley's Center for Integrative Planetary Science. 

"All other extrasolar planets discovered up to now orbit closer to the parent star, and most of them have elongated, eccentric orbits. This new planet orbits as far from its star as our own Jupiter orbits the sun.'' 

The star is 55 Cancri in the constellation Cancer. It was already known to have one planet, which was also discovered and announced by Marcy and Butler in 1996. That planet is a gas giant slightly smaller than the mass of Jupiter, and whips around the star in 14.6 days at a distance of only one-tenth that from the Earth to the sun. 

While the newly discovered planet is estimated to be between 3.5 and 5 times that of Jupiter, its slightly elongated orbit carries it around the star in about 13 years. Marcy and Butler say that is comparable to Jupiter's 11.86-year orbit. 

"We haven't yet found an exact solar system analog, with a planet in a circular orbit and a mass closer to that of Jupiter,'' Butler noted. 

"But this shows we are getting close, we are at the point of finding planets at distances greater than 4 AU from the host star. And we found this planet among the 107 stars we first targeted when we started looking for planets at Lick Observatory in 1987, so I think we will be finding more of them among the 1,200 stars we are now monitoring.'' 

UC Davis staffer named top teacher 

by The History Channel  

SACRAMENTO — The History Channel has named a University of California teaching consultant the nation’s top history teacher of the year. 

Myron Piper was presented with The History Channel Outstanding History Educator Award for 2002 at an award ceremony in Washington, D.C., Thursday. 

The ceremony marked the end of the annual National History Day Program, in which more than 700,000 students and 40,000 teachers across the country participated in programs to enhance history learning. 

Through a University of California, Davis, program, Piper works with at-risk children in the Sacramento and Elk Grove school districts. 

Piper, a former teacher at Norte Vista High School in Riverside County, won the award because of his efforts to bring the National History Day program into low-performing school districts around California. He also worked with students in South Africa and Brazil. The award carries a $5,000 prize. 

Libby O’Connell, The History Channel’s historian in residence, said the award recognizes teachers who get students excited about history. 

“In most cases, in most peoples’ lives, there is a wonderful teacher who has encouraged or influenced us in some way,” she said. “This recognizes that.” 

State Supreme Court again upholds  

uninsured motorist initiative 

SAN FRANCISCO — Interpreting Proposition 213 for the third time, the California Supreme Court ruled Thursday that private companies are immune from paying hefty damages to uninsured motorists injured by the companies’ negligence. 

Approved in 1996, the measure says uninsured motorists injured in an automobile accident cannot collect damages for pain and suffering, even if the accident was not their fault. Pain-and-suffering damages can run into the millions. 

But the dispute in Thursday’s case, and two others already decided, involves more than just a lawsuit between an insured motorist and an uninsured motorist.  

At least two high court justices said Thursday the law was only designed to resolve that type of dispute. 

In that scenario, an uninsured motorist could only recover medical expenses, lost wages and other out-of-pocket costs from an insured motorist who created an accident.  

No pain-and-suffering damages would be allowed because the law was designed to punish and encourage the uninsured to get auto insurance. 

Thursday’s case dealt with whether an uninsured motorist could collect pain-and-suffering damages from a private contractor who created a hazardous roadway while building a bus stop in Los Angeles County.

LOS ANGELES — The limousine that ferried Playboy founder Hugh Hefner from place to place can now be in your driveway. 

The black 1969 Mercedes-Benz Pullman, one of only 100 six-door limos built for royalty, heads of state and, in this case, Playboy’s pajama-clad patriarch, is on the auction block at this week’s Barrett-Jackson Auction at the Petersen Automotive Museum. 

“If it could only talk,” auction chief Craig Jackson said Tuesday, estimating the Hefner limo would fetch up to $60,000. It recently underwent a $25,000 mechanical restoration. 

Bidders get a chance at 200 collector and specialty cars, including the 1982 Mercedes-Benz once owned by “What’s New Pussycat?” singer Tom Jones and Fred Astaire’s 1981 Chrysler Imperial. 

Also on the auction block is one of the most sought after collectibles: A 1948 Tucker, serial No. 7. It was expected to fetch $250,000 to $300,000. 

“Very rarely a good Tucker ever comes up for sale. And this is a good one,” said Jackson, noting that less than 10 Tuckers are roadworthy.

DOES THE CONTROL ARM REALLY  

NEED TO BE REPLACED? 

I have a 1998 Audi A4 with 30,500 miles. I was recently told that the left front control arm has to be replaced and that the right front control arm will soon need replacing. I was told by the dealer’s service representative that this is normal wear and tear for a car after four years. I have a hard time buying that. What do you think? -- Tina 

RAY: Well, he would have been telling the truth if he had said it's normal wear and tear for THIS car, Tina.  

TOM: On most cars, it would be outrageous to have to replace your control arms after only 30,000 miles. Many last for the life of the car. But the control arms on this car are different. 

RAY: On this car, the control arm and the ball joint (a crucial piece that holds the wheel on) come as one piece. So when the ball joint wears out, you have no choice but to replace the entire control-arm assembly. And unfortunately, the ball joints on this car were seriously underdesigned (meaning they're cheap junk).  

TOM: We've been told that for the 2000 model year, Audi upgraded the design in the hopes that the ball joint would last for more than 30,000 miles. But unfortunately, that redesigned control arm won't fit on your '98. So essentially, you're stuck replacing these things, to the tune of 400 bucks each, plus labor, every 30,000 miles. 

RAY: You have no choice but to replace them now, Tina. But you might want to give serious consideration to trading in this A4 at about 59,000 miles.  

HANDS-FREE IS NOT THE WAY TO BE 

I really need your help. My husband drives many hours a day back and forth to work, as well as chauffeuring me and the kids around on the weekends to sporting events and other things. I believe that all of this driving has taken a toll on whatever brain cells he has left. When he is driving, he removes both hands from the wheel and does whatever he wants, such as reaching for something in the back seat or glove compartment, or using the cellphone, etc. He tells me this is OK because he is using his KNEE to steer the vehicle. I have begged him many times (OK, I've nagged him) to stop this practice, telling him how dangerous it can be, especially at 70 mph. I'm scared for myself and the kids. He won't listen to me. Maybe he will listen to you. Are there any kinds of statistics related to "handless driving"? -- Carole  

TOM: There are very few statistics for "hands-free" driving, Carole, for two reasons: Either the driver ends up dead -- in which case we never know -- or the driver survives but is too embarrassed to mention that he was unable to swerve and avoid the accident due to poor knee-eye coordination. 

RAY: It IS dangerous. While many cars with power steering can easily be kept moving in a relatively straight line using the pressure of a knee or thigh, sometimes you need to quickly change the direction of the vehicle. And you're not always given a lot of warning.  

TOM: Right. Accidents don't happen when everything is going just as you predicted. They happen when something unexpected occurs.  

RAY: He can also lose control if he ever has a blowout, or even if he hits a pothole large enough to move the wheels. TOM: So I think he's a candidate for behavioral conditioning. From your position in the passenger seat, rest your left arm on the back of the driver's seat. Then every time you see him take his hands off the wheel, administer a swift dope slap. Fwappp! Then ask him what he intended to reach for, and get it FOR him. 

RAY: Cars have gotten so good and so comfortable that it's easy to believe that driving requires no effort at all. And if driving requires no effort, then why not dial a phone, eat a bowl of soup or read a newspaper at the same time? But no matter how good cars have gotten, they still require two eyes on the road.

MILWAUKEE — The promoters of a concert meant to bring the surviving members of the Grateful Dead together on stage have been denied a permit by a county highway committee. 

The event, planned for Aug. 3-4 in East Troy, is expected to draw 200,000 fans, Walworth County Highway Committee Chairman Odell R. Gigante said.  

He said only 35,000 people are allowed in the Alpine Valley Music Theatre, about 30 miles southwest of Milwaukee. 

“You can imagine the amount of humanity that’s going to converge on little old East Troy in Walworth County,” Gigante said of Tuesday’s decision to turn down Clear Channel Entertainment’s permit request. 

“We only have 80 some sheriff deputies. Short of bringing in the National Guard we just couldn’t handle it.” 

The two-day concert, is dubbed “Terrapin Station.

ne death resulted  

from the Grizzly Peak  

Boulevard accident 

Oakland police said today that the 17-year-old driver of a car with four other teen-agers aboard that plunged off Grizzly Peak Boulevard in the Oakland hills has so far refused to speak with crash investigators.  

Traffic Operations Sgt. Russell Chew said the driver, identified only as a 17-year-old Oakland resident and student at McClymonds High School, has been arrested on suspicion of drunken driving and vehicular manslaughter. He was expected to attend a detention hearing today or Friday to decide whether he should remain in custody.  

Tuong Thien Ly, 17, of Oakland died in the crash at about 7:45 p.m. Tuesday near Grizzly Peak Boulevard and Fish Ranch Road. 

Chew said today that investigators believe the carload of teen-agers had been parked somewhere in the Oakland or Berkeley hills prior to the crash and that most or all of them, including the driver, had been drinking alcohol. Most of the teen-agers were students at McClymonds High School in Oakland, Chew said, and were in their last week of school. 

At some point, the group drove east on Grizzly Peak Boulevard, a windy mountain road, and about a half-mile before the intersection of Grizzly Peak Boulevard, Fish Ranch Road and Claremont Avenue, on a "severe curve'' to the left, the teens' car skidded straight and off the roadway, plunging about 400 feet down a hillside.  

Chew said the skid marks indicate that the driver reacted late in applying the brakes in response to the curve in the road. 

The car rolled over as it descended the hillside and some of the occupants were not wearing seat belts, Chew said. Chew said weather apparently did not play a role in the crash, as skies were clear and the roadway was dry at the time. The car was traveling at about 35 or 40 mph in an area with a speed limit of 25 mph. 

Investigators are still awaiting the results of blood-alcohol tests done on the driver, Chew said. 

"Because of the fact that the driver is under 21, it's zero tolerance,'' Chew said. A reading of ".08 percent is the legal limit, but if he had .01 or any trace of alcohol, he's in violation of the zero tolerance law.'' 

Three of the five occupants of the vehicle were able to make it back up the roadway after the crash and flag down a passing motorist. Two others, including the boy who died, were found at the bottom of the hill.  

A nursing supervisor at John Muir Medical Center in Walnut Creek said this afternoon that one male crash victim brought the hospital is listed in serious condition with head injuries.  

A Highland Hospital nursing supervisor said two of the crash victims were treated and released at the hospital on Tuesday. A third patient is listed in good and stable condition and is said to be recuperating since being transferred out of the Intensive Care Unit.  

"The message which people need to get out of this is it doesn't matter if you're 16 or 17 or 56 or 57, drinking and driving is a deadly combination. This is a prime example of that.'' 

"You have a life cut short because of bad decision-making,'' Chew said. "It's really, really sad.'' 

Coincidentally, while investigators were at the scene Wednesday, another vehicle drove off the roadway in the same area. The driver suffered back injuries in the crash.

Trail to link city to miles of  

path along San Francisco Bay  

A segment of the San Francisco Bay Trail to connect Berkeley with hundreds of miles of vehicle-free roadway along the San Francisco Bay will likely be built by the end of summer, Berkeley officials said. 

Construction crews are finishing the layout of a 12-foot-wide strip of asphalt along the bay shore from Ashby Avenue to Virginia Avenue. At these endpoints, the Bay Trail runs north and south of Berkeley and allows bicyclists, skaters and pedestrians to travel outside the city, but leaves most of the Berkeley waterfront inaccessible. 

“This is a missing link,” said Deborah Chernin, senior planner for Berkeley’s Parks, Recreation and Waterfront Division. “Berkeley residents will soon be able to go to Emeryville and Richmond.” 

The new trail will offer an alternative to crossing Interstate 80 via Berkeley’s new pedestrian-bicycle overpass, which dumps eastbound traffic onto University Avenue. The new segment will meet the overpass trail and allow bicyclists and pedestrians to continue along the shoreline. 

“It’s been a mess there for years and very dangerous too,” said Hank Resnik, co-chairperson of Bicycle-Friendly Berkeley Coalition. “This is a blessing for bicyclists.”The California Department of Transportation is paying for the trail’s construction, part of a condition it agreed to when it widened I-80 last decade. The city of Berkeley hired Bauman Landscape, Inc. to do the job. 

Berkeley is one of 27 cities that has or is soon to have the Bay Trail pass through its borders. At present, 215 miles of the planned 400-mile trail have been built. Each city along the San Francisco and San Pablo bays has committed to building the trail within its boundaries, but in some of the communities funding is still being sought. 

Bay Trail Project manager Janet McBride expects the trail to be finished in 10 years. McBride works for the trail’s sponsor, Association of Bay Area Governements. 

“The trail offers not just the chance for recreation but for bicycle commuting, wildlife viewing and outdoor education,” she said. 

While city officials are hoping to see Berkeley’s Bay Trail segment completed in the next few months, they’re saying October at the latest. 

After finishing the stretch, Berkeley officials plan to start working on another stretch of nonvehicular trail. This one will run from the I-80 overpass to Berkeley Marina. 

“We’re phasing in pieces that will create a great bike network,” said city planner Chernin. 

Contact reporter at  

kurtis@berkeleydailyplanet.net.  

To the Editor: 

In his latest diatribe (Darling Flower Shop is structure of "demerit"), Hank Resnik again raises the tiresome "NIMBY" cry we've been hearing so often from Patrick Kennedy and his beneficiaries. 

It's no coincidence that the structure Resnik calls "one of Berkeley's most unattractive buildings" is scheduled for replacement by Kennedy. 

It's also no coincidence that Resnik's Bicycle Friendly Berkeley Coalition is the recipient of Kennedy's largesse, as reported in the BFBC's website. 

“We have gotten another $15,000 in grants —- including a $5,000 gift from Avi Nevo and $10,000 from Patrick Kennedy, $5,000 of which is a gift and $5,000 of which is a loan.” 

Kennedy knows where to spend his dollars, which assure him a vocal cohort of otherwise politically correct supporters willing to cry “NIMBY” on his behalf whether his cause merits it or not. 

Daniella Thompson 

Berkeley 

Wednesday, June 12

Natural Highs 

7:30 to 10:00 p.m.  

Sunrise Center, 45 San Clemente Drive, Suite C-200, Corte Madera  

Supplements, nutrition and mind/body techniques with Dr. Hyla Cass  

415-924-5483 orwww.sunrise-center.org 

$15 (Includes refreshments) 

Thursday, June 13

"Centering Prayer, An Introduction" 

7:30 p.m. to 9 p.m. 

St. Mary Magdalen Parish, 2005 Berryman St.  

Brother Bryan Dolejsi, OP, speaks on Catholicism 

(510) 526-4811, ext. 19 

Free 

Jack Ball Retirement Party 

King Middle School PE teacher’s retirement 

7 p.m., at Tilden’s Brazil room 

Former students, friends, faculty invited 

Call Teri Gerritz (510) 644-6377 

$48 for dinner, $20 for desert 

Freedom From Tobacco 

A quit smoking class 

5:30-7:30 Thursday Evenings, June 6-July 18 

South Berkeley Senior Center 

2939 Ellis Street, (510) 981-5330 

QuitNow@ci.berkeley.ca.us 

Free 

Friday, June 14

Democratic political activists 

Cafe de la Paz, 1600 Shattuck Ave. Berkeley 

A political party for aggressive progressives with Democrats.com 

events@democrats.com or www.democrats.com 

Judaism Workshop 

7 to 8:30 p.m.  

The Ecology Center, 2530 San Pablo Ave  

Earth Traditions: Judaism Rooted in the Earth... Healing the World in Jewish Thought and Practice 

(510) 548-3402 

$10 Ecology Center members, $15 others, no one turned 

away for lack of funds. 

Still Stronger Women 

1:15 to 3:15 p.m. 

North Berkeley Senior Center 

1901 Hearst Ave 

Oprah's Book Club and showing of " The Color Purple" 

(510)232-1351 

"The Million Dollar Question" 

11:45 for lunch. Speaker begins 12:30 

Berkeley City Club, 2315 Durant Ave. 

Robert Osserman, Ph.D. from the Mathematical Science Research Institute 

$11.00/$12.25, students free. 

Berkeley Women in Black 

Noon to 1 p.m. 

Telegraph and Bancroft 

A vigil for peace for Palestine and Israel 

(510) 548-6310, or www.wibberkeley.org 

Saturday, June 15

Berkeley Alliance of  

Neighborhood Associations (BANA)  

9:30 to ll:00 a.m. 

Fireside Room, Live Oak Park 

l30l Shattuck Ave. 

All welcome to network and 

share local information. 

(510) 849-46l9 or mtbrcb@pacbell.net 

Emergency Preparedness  

Classes in Berkeley 

9 to 11 a.m. 

997 Cedar Street  

Basic Personal Preparedness: Learn how to take care of yourself, your family and your home. 

981-5605 

Free 

The Great Rummage Sale 

10 a.m. to 4 p.m. 

Berkeley-East Bay Humane Society, 2700 Ninth Street 

Household items, glassware, clothing, furniture for sale. 

(510) 845-7735 

Chu Ko's Late Afternoon  

Adventure in International Art 

4 p.m. 

Berkeley Public Library Meeting Room, 2090 Kittredge 

Artist Chu Ko discusses his Chinese ink brush painting. 

(510) 981-6100 

Free 

Sierra Club Northern Alameda County  

Group Forum  

10:30 a.m. to 2:30 p.m. a 

Berkeley Public Library 

Forum on the benefits and problems of urban density with Rachel Peterson, John 

Holtzclaw and Martha Nicoloff. 

Call Jonna Anderson at (510)848-0800 x312 to reserve space 

Free 

The Sierra Student Coalition  

A retreat and planning meeting at Point Reyes National Seashore for high school and college-age students working to address local environmental issues. Meet other student activists, exchange ideas, and become more involved. All East Bay students are welcome at this event. Space  

is limited.  

For Reservations, call Jonna Anderson at 510-848-0800 x312  

Sunday, June 16

Field Trip to Remnant East Shore Habitats 

Meet at 10 a.m. at El Cerrito BART, southwest corner of parking lot (towards Albany Hill), then carpool to various sites, returning mid-afternoon. 

Visit a selection of critically rare habitats in and adjacent to the new East Shore State Park 

(925) 372-0687, e-mail elainejx@mindspring.com 

Free 

Buddhism 

6 p.m. 

Tibetan Nyingma Institute 

1815 Highland Place 

Lee Nichol on "Sacred Dimensions of Time and Space." 

843-6812 

Free 

Restoration Clinic 

9 a.m. to 7 p.m. 

1051 5th Ave. Studio C at E.11th St. 

Suigetsukan, a non-profit martial arts collective in Oakland, is raising funds for a new dojo. Massage 

therapists, chiropractors, acupuncturists, and other health professionals conduct yoga and stress management classes. 

(510) 452-3941 or www.suigetsukan.org. 

Food is the Earth's Way of Love 

Noon 

The Fellowship of Humanity, 390 27th St. Oakland 

Joy Moore, CoDirector of the Farm Fresh Choice program of Berkeley's Ecology Center 

(510) 451-5818 or HumanistHall@yahoo.com 

Monday, June 17

Multiple Sclerosis Support Group 

Rockridge Library 

Self-help support group. Meets the third Monday each month 

(510) 521-2436, or Rickpete99@yahoo.com 

"An Uncommon Friendship: From Opposite Sides of the Holocaust" 

7:30 to 8:45 p.m. 

Berkeley Richmond Jewish Community Center 

1414 Walnut Street 

Join Bernat Rosner, a Holocaust survivor as he reads from and discusses his counterpoint memoir co-authored with Fritz Tubach, the son of a German Army officer. 

848-0237 x127 

Free 

Lesbian, Gay, Bi- Sexual,  

Transgender National Day to  

Honor loved ones lost on 9/11  

The LGBT National Day of Honor, about creating a Day when all Lesbian,  

Gay, Bi- Sexual, Transgender, & questioning people and our supporters,  

can come together to help further our fight against continued second class  

citizen treatment in the United States.  

For more information, call 802.859.9604 

Poetry Express - Nance Wogan,  

followed by open mike 

7 to 9 p.m. 

A community open mike welcoming all artists 

Berkeley Bakery & Cafe 

1561 Solano Avenue 

Free 

Tuesday, June 18

Vigil Opposing the Sanctions  

Against the People of Iraq 

12 p.m. 

Oakland Federal Building,1301 Clay Street 

(510) 548-4141 

Carol Wagner: "Soul Survivors  

in Cambodia" 

7:30 p.m. 

Easy Going Travel and Bookshop,1385 Shattuck Avenue, Berkeley 

510-843-6725 

Arthritis Rap Session 

Noon to 2 p.m. 

Alta Bates Medical Center 

Maffly Auditorium- Herrick Campus 

2001 Dwight Way 

for more info: 644-3273 

Berkeley Camera Club Weekly Meeting 

7:30 p.m. 

Northbrae Community Church, 941 The Alameda 

Share slides, prints with other photographers 

(510) 525-3565 

Free 

Wednesday, June 19

"Part-time Parenting? A Career Networks Forum on Flexible Work Arrangements." 

6:30 to 8:30 p.m.  

Thousand Oaks Elementary, 840 Colusa, Berkeley  

Neighborhood Parents Network. Adults only. 

RSVP required: Amy Knowlden at knowlden@earthlink.net or (510) 526-4044.  

$5 NPN Members and $10 for Non-Members.  

Berkeley Peace Walk and Vigil 

6:30 pm 

BART Station, Shattuck & Center 

Weekly candle-lit vigil and peace walk to raise 

awareness and gather support for opposition to the 'war on terrorism' 

vigil4peace@yahoo.com, (510) 528-9217 

Thursday, June 20

Robert Fisk 

7 p.m. 

First Congregational Church, 2345 Channing Way  

Middle East Correspondent of the London Independent, in a benefit to rebuild Jenin refugee camp  

510-548-0542.  

$20 at Codys, Black Oak, Walden Pond and Modern times, or at WWW.MECAFORPEACE.ORG. 

"Women in War" 

7 to 9 p.m. 

University of Creation Spirituality, 2141 Broadway, Oakland 

An evening with international women's rights activist Zainab Salbi 

(510) 835-4827 ext. 29 

Suggested Donation $10-$15 

Pride Mass 2002 

7 p.m. 

Newman Hall-Holy Spirit Parish, 2700 Dwight Way 

LGBT Catholics celebrate 10 years towards creating a more inclusive world. 

(510) 663-6302 

www.calnewman.org 

Free 

Berkeley Camera Club Weekly Meeting 

7:30 p.m. 

Northbrae Community Church, 941 The Alameda 

Share slides, prints with other photographers 

(510) 525-3565 

Free 

Simplicity Forum 

7 to 8:30 p.m. 

Claremont Branch Library, 2940 Benvenue Ave. 

Discussion on how to lead a more simple life 

(510) 549-3509, or www.simpleliving.net 

Free 

Senior Men's Afternoon 

Pacific Center 

2712 Telegraph Ave. 

Gay senior men discussion group, 2nd & 4th Thursdays. 

510-548-8283  

Free 

Freedom From Tobacco 

5:30-7:30 Thursday Evenings, June 6-July 18 

South Berkeley Senior Center 

2939 Ellis Street  

A quit smoking class 

(510) 981-5330 

QuitNow@ci.berkeley.ca.us 

Friday, June 21

Paramount Movie Classics  

The Mummy, with Boris Karloff, 1932 

Doors at 7, Mighty Wurlitzer at 7:30, Newsreel, Cartoon, Previews, and Prize give-away game Dec-O-Win and feature Film 

2025 Broadway 

Oakland  

$5 

"Understanding the Achievement  

Gap in the BUSD" 

11:45 for lunch. Speaker begins 12:30 

Berkeley City Club, 2315 Durant Ave. 

Shirley Issel, MSW,  

president of the Berkeley Unified  

School District 

$11.00/$12.25, students free. 

Berkeley Women in Black 

Noon to 1 p.m. 

Telegraph and Bancroft 

A vigil for peace for Palestine and Israel 

(510) 548-6310, or www.wibberkeley.org 

Katsuura, Bice take third at national sculling competition in Cincinnati  

For most of the Berkeley High crew team, the 2002 season ended on May 12 at the Southwest Regional Junior Championships, where the ’Jackets claimed three medals. But that wasn’t enough for Yoshi Katsuura and Jordan Bice, who immediately threw themselves into training for the U.S. Rowing Youth Invitational. 

Not only did the pair keep training, they entered into the sculling competition for the Invitational, held in Cincinnati at Lake Harsha last weekend. Unlike crew races, where each rower controls one oar, scullers have two, making timing even more crucial to a fast race. 

Katsuura and Bice, despite never rowing in a sculling speed competition before, finished third in the final, going up against teams that practice solely for sculling competitions. They finished second in their qualifying heat, not good enough to make the final but good enough to enter the repachage, from which the top two boats would reach the final. The won that race by nearly two full seconds, giving them some additional practice before the championship race. 

Katsuura and Bice have been training for sculling since last year, but were unsure how they would match up against national competition. After leading the Berkeley High team to a dominating season, the pair were in for a much tougher time in Cincinnati. 

“The races were much more competitive than the high school races,” Katsuura said. “Everyone’s fast and the field is very tight. You have to be focused entire time. At regionals if you’re good you win easily, but at nationals you have to have best race of your life just to compete.” 

Katsuura and Bice started sculling just for fun, but as the top two rowers at Berkeley High, they soon found themselves putting up outstanding marks, which led to their berth at the Nationals. 

“We started training really hard in the last month and a half, and I knew we were getting some serious boat speed,” Bice said. “But we were definitely surprised at how well we did. We had success right off the bat, and we were able to follow our race plan.” 

With his high school career now officially over, Katsuura will focus on his college career. He’s headed to Cal, where he will join a team that has won four straight national championships. 

Bice, on the other hand, has a year left at Berkeley High. He plans to concentrate on training for the school crew team, as he is losing his sculling partner. Bice said he may continue to train for the two-oar sport by himself, but finding a new partner is unlikely. 

“I’ll probably practice over the summer and see whether I can be competitive,” he said. “But it takes a long time to mesh with somebody new, and I wouldn’t have a lot of time to practice it.”

A jury awarded $4.4 million to Earth First! activists Judi Bari and Darryl Cherney, environmentalists who sued the FBI and Oakland Police for false arrest, illegal search, slanderous statements and conspiracy. 

Lawyers for Bari and Cherney called the decision a huge success despite pending claims and a defeat on charges of conspiracy.  

“It’s really beyond our wildest dreams,” said Darlene Comingore, executive for the estate of Bari, who died of cancer in 1997. “The jury got the part that (the FBI and OPD) violated their First and Fourth Amendment rights. We hope all the people out there who think they can violate our civil rights will think again.”  

In May 1990 Cherney and Bari were injured when a bomb exploded in a car while they were driving in Oakland. 

Bari suffered a crushed pelvis.  

Hours later the two were arrested because investigators said the pair carried the bomb for use in an act of environmental sabotage.  

The jury Tuesday ruled that six of the seven defendants violated the First and Fourth amendment rights of Bari, including false arrest and unlawful search twice. However, the jury was undecided on the claim involving a violation of Cherney’s Fourth Amendment rights. The 10-member jury ruled that the defendants did not conspire to violate the First Amendment rights of either Bari or Cherney. 

The plaintiff and defendants have 10 days to appeal. An undecided verdict will likely generate an appeal, lawyers said. 

U.S. District Judge Claudia Wilken read the 18-page verdict that included compensatory damages and punitive damages on all claims. Tuesday marked the end to 17 days of jury deliberation and more than 12 years since the ordeal started. 

“This sends a message to the FBI to the extent that the American public understands that the FBI is an agency that can’t be trusted,” said Cherney. “After 90 years of political oppression by the FBI and the fact that our hands were tied in this case makes this even more incredible.” 

Cherney argued that important evidence involving the FBI’s counterintelligence program was not allowed in court and that the jury was prevented from hearing evidence of a conspiracy by the FBI. He said the case serves as an example in current and future investigations into the FBI. 

According to Cherney, if the defendants appeal he could be forced to wait two to three years before collecting damages. Cherney said that Bari pledged before she died to have half of any money awarded given to the Redwood Justice Fund. Cherney plans to use his money to further protect the environment. 

“I plan to use these funds for environmental non-profit organizations and for causes I think will make this world a better place,” Cherney said. 

Lead counsel for the FBI Robert Sher wanted to learn more about the jury’s verdict and its unresolved claims before deciding whether to appeal. 

“I’ve got to see how it breaks down,” Sher said. 

According to Dennis Cunningham, lead counsel for Bari and Cherney, his clients have more on which to base an appeal than the defense. “I think we have more to appeal than they do,” he said.  

Cunningham criticized the FBI. 

“This sends a message that the FBI has got to change their view, that they’re doing exactly the wrong thing. They’re not about fighting terrorism, it’s about suppressing dissent,” said Cunningham. 

Lawyer for the plaintiff’s Tony Serra said the case represents an important victory for civil rights advocates. “This case was a case of FBI falsity and FBI cover-up,” Serra said. “That can’t be tolerated. Our civil rights are more significant than that.” 

Dozens of supporters and members of the media gathered outside of the Oakland Federal Courthouse to greet Cherney and attorneys for the plaintiffs Tuesday afternoon. 

For Earth First! supporter Leuren Moret, Tuesday’s verdict is all the more surprising given the current wave of patriotism.  

“It’s amazing that they got this following Sept. 11th and all of the support of law enforcement and the broadening of powers of the government,” Moret said. “It’s a miracle that they came to all these unanimous decisions but it just goes to show how powerful the jury system is and how citizens have protected the constitution.”  

The original seven defendants were FBI special agents Frank Doyle, John Reikes, Phil Sena and Stockton Buck and Oakland Police Department Officers Michael Sitterud and Robert Chenault and Lt. Mike Simms.  

Contact reporter at chris@berkeleydailyplanet.net

To the Editor: 

An article June 5 by Matt Artz covered the deliberations in the Landmarks Preservation Commission1s meeting on June 3 concerning Victor Touriel1s proposed development of his property at 2008 University Ave. Artz reported that in defence of the commission’s vote to designate the building as a Structure of Merit and thereby stop his project, Commissioner Malley said numerous alterations to the structure “added to the Victorian’s significance.” 

Malley said, “If you have a building that has changed over time, it in itself is part of the historical record.” 

Taking this statement to its logical conclusion, should we allow our historic buildings to be altered to enable them to acquire historical value over time?  

If Commissioner Malley’s statement represents the opinion of the commission, what does this policy mean for the future of historic preservation? 

Finally, if all the buildings 50 years and older having associations with the often mentioned names of their builders deserve to be recognized as Structures of Merit, will this action cheapen the currency of such designations to the point of making them valueless? These important questions deserve answers.  

Sally B. Woodbridge 

Berkeley

ALAMEDA – Darrell Russell’s lawyer says the woman who has accused the Oakland Raiders defensive tackle of videotaping her allegedly being raped by two of his friends actually consented to the act. 

Attorney Cristina C. Arguedas argued Tuesday in court that the woman, who testified she blacked out after being given a drink mixed by Russell, consented to the recorded sex. The 28-year-old woman gave her consent while riding to the house at which the alleged attack took place, Arguedas said. 

Russell, a former No. 2 overall selection in the NFL draft, is charged with 25 felonies as an accomplice. 

Arguedas’ arguments came on the second day of Russell’s preliminary hearing in Alameda County Court. At the conclusion of the hearing, Judge Jeffrey Allen will decide whether there is sufficient evidence for a trial. 

If she blacked out during the car ride, Arguedas asked the 28-year-old woman, “How do you know you didn’t give consent?” 

“To my knowledge, I did not give consent,” the woman responded. 

On Monday, Arguedas accused the woman of being a “groupie” out for money. She got the woman to acknowledge that she plans to file a civil suit against Russell. 

“They go clubbing, they drink, they have sex,” Arguedas said. 

Russell’s accuser testified Monday she blacked out after Russell mixed her a drink and vaguely remembers later looking up at a video camera with “somebody on top of me.” 

The woman, who said she was dating Russell at the time of the alleged rape, was sometimes tearful and always guarded. She testified Russell called her and they arranged to meet at a San Francisco club the night of Jan. 31. 

She said she had been at the club for about an hour, and drank two complimentary cocktails — a Hurricane and a Long Island ice tea — when she spotted Russell with friends at a table. 

She said she was not feeling tipsy until Russell took a bottle of alcohol from the table and mixed her a “pinkish ... fruity” drink. 

Prosecutors have said they have evidence Russell drugged the woman. 

“I did not watch his every move of making the drink, but I know he did make the drink,” she testified. “I don’t recall anything much after that.” 

Until, she said, the following afternoon, when after waking up from a nap at work she had “a vision” of someone videotaping her. 

“The red light, the camera, and somebody on top of me,” she said.

Club aims to protect public, patients and marijuana as medicine 

\The University Avenue medicinal marijuana club that was robbed last week for the third time in a year closed its doors permanently Tuesday. 

“We wanted to make sure that we weren’t putting patients at risk, and we wanted to keep neighbors safe,” said Berkeley Medical Herbs office manager Dorrit Geshuri. 

The club, which has attracted a spate of negative publicity with the robberies, was closed also because the club wanted to protect the medicinal marijuana movement and the other four pot clubs in town, Geshuri said. 

The financial losses incurred in the robberies did not play a role in the closure, she said. 

“I think it’s a responsible decision,” said City Councilmember Linda Maio, who had vowed to shut down Medical Herbs after last week’s robbery. 

The heist took place Wednesday afternoon when two Latino men said they knew owner Ken Estes then forced their way into the club, brandishing a gun and a knife.  

The robbers told everyone to lie on the ground and made off with about $1,500 in cash and over a pound of marijuana, valued at $3,500. 

After a December robbery, neighbors and city officials raised concerns about security on site and the safety of residents. The club responded by shortening its hours of operation, hiring a licensed security guard and installing cameras, among other measures. 

The club was considering additional measures, Geshuri said, when the June 5 robbery occurred. 

The Medical Herbs ownership announced the closure in a weekly meeting of the Alliance of Berkeley Patients, an umbrella group for the dispensaries in town. 

Don Duncan, who operates Berkeley Patients Group, another marijuana club, welcomed the decision. 

“I think in this instance, it’s for the best,” he said, noting that he would normally be upset with the move because there is “safety in numbers” for a movement under constant political pressure. 

Duncan said he is pleased that the Medical Herbs management is committed to putting patients in touch with other clubs. 

“The patients will be taken care of,” he said. “That’s great.” 

“I am so grateful that the management of that group has decided to shut its doors,” said City Councilmember Dona Spring. “Public safety comes first.”  

Spring argued that the decision will serve the medicinal marijuana movement in Berkeley. By pre-empting new robberies, she said, the closure will help prevent neighbors of other clubs from becoming overly concerned. 

“My reaction is one of relief,” added Mayor Shirley Dean. “I think it was a good decision on their part, a responsible decision.” 

Several neighbors made efforts to close down the club in the wake of the robberies. But Geshuri said most have been supportive. 

Stan Eby, who manages a number of apartments on University Avenue, said a drug store and meat market that used to be in the neighborhood were robbed far more often than the pot club. He said he was sad to see Medical Herbs go. 

“It’s a shame that it’s closing up,” he said. “We need clubs like that.” 

Geshuri said the management of Medical Herbs may re-open as a “juice bar and herbal medicine establishment.” The new store would not sell marijuana, she said.  

Contact reporter at  

scharfenber@berkeleydailyplanet.net

To th Editor: 

Thank you for reporting on the nationwide protest of the Drug Enforcement Administration (DEA), as this agency has run amok and must be reigned in. The DEA's own Administrative Law Judge Francis Young ruled in 1988 that marijuana is 'the safest therapeutic medicinal substance known and should be made available to patients.  

The DEA overruled their own judge and continues the war on sick and dying people.  

If we as a nation are to solve the medical marijuana issue, which in nation wide polling show most (75 percent or more) Americans want, then the media must get more involved and report these important political actions. You have helped on this.  

These protest actions were carried out by sick, wheelchair bound, dying patients, giving their every ounce of energy to bring their need to the public's attention. 

Many were arrested, jailed and subjected to much distress.  

In Massachusetts our own medical marijuana research program cannot be implemented because the DEA refuses to provide the marijuana for research. But the head of the DEA, Asa Hutchinson, says marijuana needs more research. This is double talk, Catch 22 and pure politics at the expense of the sick and dying.  

Kim Hanna  

Worcester, MA

YOKOHAMA, Japan – No goals, no glory. No more World Cup for France. 

The defending champions needed to beat Denmark by two goals Tuesday to reach the World Cup’s second round. Instead, the Danes won 2-0 in Incheon, South Korea, and Les Bleus became the first champions to go scoreless through a first round. They’re also the first defending titlist to exit after the opening round since Brazil did so in 1966. 

“It’s the end of a beautiful story,” French striker David Trezeguet said. “That’s the law of soccer, you have to accept it. 

“We had lots of ambition and we wanted to do a lot better. It’s a real pity.” 

While the Danes won Group A, tournament newcomer Senegal rode three first-half goals into the next round. The Africans took a 3-0 lead and barely held on for a 3-3 tie against Uruguay in Suwon, South Korea. 

Denmark plays Saturday in Niigata, Japan against either England, Sweden or Argentina. Senegal plays Sunday in Oita, Japan against one of those teams. 

“I believe a small team can be big,” said Senegal’s El Hadji Diouf. “Today is a historic day for African countries.” 

Those two joined four-time winner Brazil, Spain, three-time winner Germany and Ireland in the round of 16. 

Germany, despite playing the final 50 minutes a man down when Carsten Ramelow was ejected at Shizuoka, Japan, knocked out Cameroon 2-0 on goals by Marco Bode and Miroslav Kohse, who now has five goals. The Germans will play Saturday at Seogwipo, South Korea against either Spain, South Africa or Paraguay. 

“We showed our dedication and commitment and deserved to win,” Christoph Metzelder said. “Our minimum target was to get to the final 16.” 

Ireland defeated already-eliminated Saudi Arabia 3-0 in Yokohama to finish second to Germany in Group E. The Irish, who had never scored more than one goal in a World Cup game, will oppose either Spain or South Africa in Suwon, South Korea on Sunday. 

The Irish went through even though their best player, Roy Keane, was sent home after a feud with coach Mick McCarthy before the tournament began. 

“We fight against doubters all the time, we fight against critics all the time,” coach Mick McCarthy said. We do it very well.” 

With 1998 World Cup hero Zinedine Zidane on the sideline with a thigh injury, France opened with a stunning 1-0 loss to Senegal and then tied Uruguay 0-0. Zidane returned for the Denmark game, but nothing helped the French, who saw two shots rebound off the crossbar. 

At the end, Zidane walked off the field with his head hanging down, followed by the rest of the French team. 

“I didn’t expect to go back home like that after the first round,” Zidane said. “We’re all very, very disappointed, but we won’t stop here. We will have to turn the page, turn over a new leaf.” 

Thousands of traveling Les Bleus fans fell silent, while Danish fans in the opposite corner of the stadium beat on drums and sang “Ole, Ole, Ole.” 

“We had a good day,” coach Morten Olsen said. “The team played with a lot of confidence and, especially, a lot of discipline.” 

Back in Paris, some reactions to the French loss were strong. 

“I’m disgusted. They are the defending champions, and for four years they bragged and did nothing,” said architect Alain Goust, 32, as he held a French flag — which he wasn’t waving. “When they arrive back at the Champs Elysees, they’re going to have tomatoes thrown at them.”

Berkeley police surrounded a suspect inside a south Berkeley home for several hours Tuesday after he allegedly robbed a nearby Church’s Chicken at gunpoint. No one was hurt.  

On Monday, blocks away from the San Pablo robbery, a couple walking were shot randomly at close range and taken to the hospital. 

Berkeley police are investigating the two incidents as unrelated crimes, but together they could indicate that a trend of violence is plaguing this usually quite, well-established neighborhood. 

At Church’s on Tuesday a suspect took an undisclosed amount of cash then fled to his home on Valley Street. Officers arrived to find the suspect released his grandmother – the only person believed to be home when the suspect arrived – from the home, but would not come out to face police.  

From about noon to 6:30 p.m. officers held their ground outside the house and barred public entrance to several blocks surrounding it. More than a dozen officers were on the scene, including Lt. Harris and Chief Dash Butler. A police negotiator tried several times to speak with the suspect. 

At approximately 4:30 p.m. the suspect’s mother, flanked by a police negotiator and two uniformed officers, was escorted toward the house to speak with her son. After several minutes the mother was escorted away from the home. 

The mother said she did not know why her son had locked himself inside the home but expressed some comfort that the suspect’s grandmother was OK. 

Neighbor Troy Floyd evacuated his home during the standoff. “My wife called me at work and told me what was going on, and I came home,” Floyd said.  

Floyd did not know the suspect by name but had seen him in the neighborhood. Nothing about the suspect seemed strange, Floyd said. 

Another neighbor, who asked to remain anonymous, said the recent, uncharacteristic violence has shaken some people. The area is predominately occupied by seniors and families. 

“I’ve lived here six years and haven’t seen anything like this,” the neighbor said. “There were some mugging a few weeks ago. Last night there was a shooting and now this. Things are getting to be pretty scary.” 

The neighbor had noticed more police patrolling the area lately, she said. 

The day before yesterday’s standoff ,about 10 p.m., a middle-age couple walking on Bancroft Way and Acton Street were shot at close range by an unidentified suspect. The shooting was not robbery-related and apparently was without a motive, according to police reports. The names of the victims — a married couple who live in the neighborhood — have not been released.  

“They were taking a neighborhood walk in the area, when the suspect faced them and shot them,” said Lt. Cynthia Harris. The female victim was treated and released from Highland Hospital. Her husband is listed in stable condition.  

Investigators are looking for a Latino male wearing dark-colored baggy clothing, about 5 feet 8 inches tall and approximately 18 years old. 

Employees at Church’s described the robbery suspect as 18 years old and of light complexion. He had a mustache and was wearing a beanie at the time of the robbery, witnesses said. 

Contact reporter at  

devona@berkeleydailyplanet.net  

To the Editor: 

Over the past several months, the proposed multi-use project at 2700 San Pablo Ave. has gone through the normal review processes required by the Zoning Ordinance. There has been substantial public input and as a long time neighbor (Ninth and Grayson Streets) and an on-going advocate for renewal of the southern end of San Pablo Avenue I would like to add my two cents. 

I have lived and raised a family in Berkeley for about forty years, fifteen of those at my present location in the southwest corner of town, two blocks west of San Pablo Avenue. I have witnessed with concern some urban decay but have been encouraged as well by the gradual revitalization of parts of San Pablo Avenue such as at Dwight Way. Now there is a chance to encourage that same kind of rebirth farther to the south with this proposed project of residential units over street level commercial space.  

The primary criticisms of the project have been that it's much too dense for the neighborhood, that it will bring increased traffic, will disrupt bay views and will overshadow nearby residences. These criticisms from local residents are largely misdirected and unwarranted. 

The proposed mixed-use is certainly denser than the current use as a long abandoned gas station. However, I believe this increased level of density is being proposed for precisely where it belongs, on a wide, major arterial like San Pablo rather than on a small neighborhood street. This project is not too dense but should in fact become the standard to emulate in the future for San Pablo Avenue's long ignored southern end.  

There will not be a canyon of apartment buildings created by a long string of similar developments as suggested by opponents because there simply isn't a long string of contiguous parcels available for purchase and development.  

The need for pedestrian traffic is clearly essential for the success of street level businesses and what better source than local residents. We all would welcome more, smaller independent stores in Berkeley rather than larger chain stores as has been expressed so often by so many citizens at all levels (private and official) and in all venues. The typical needs of a neighborhood like markets, bookstores, cafes, medical or dental offices, etc. end up appearing where there are people.  

In addition, the already existing local businesses will benefit from the increase in local population. 

The height of the building is roughly the same as similar, local projects, successfully built on University Avenue, Shattuck Avenue at Hearst and in nearby Emeryville opposite the Home Depot to name a few. Because those projects are on very wide avenues, as is San Pablo, there is no sense of over-shadowing and they are on relatively flat land with few, if any, views of the bay to be disrupted.  

The perceived height for this project has been reduced by moving the uppermost floor back away from the street facade of the building and by providing more space between the building and adjacent homes. 

Please consider the future of all of Berkeley by encouraging the start of some meaningful development at this end of San Pablo.  

David Snipper 

Berkeley 

Owner fined for  

registering dog to vote 

LAFAYETTE – A man who successfully signed up his poodle to vote as a Republican pleaded no contest to a misdemeanor fraud charge and paid a $250 fine. 

Donald Miller, 78, registered his poodle Barnabas three years ago to protest the voter registration process. 

“It could have been a lot worse,” Miller said Monday after his court appearance in Contra Costa County. “I didn’t want jail time.” 

Miller estimates thousands of ineligible California residents are registered voters. To test his theory, he filled out a voter registration card for Barnabas and waited to see what would happen. 

Contra Costa County soon confirmed the poodle was a registered Republican. But prosecutors were not amused. 

“He violated the law, and he openly admitted it,” said Jim Sepulveda, senior deputy district attorney for the county. 

Miller said he never cast a vote in the dog’s name, though the dog did get a jury summons in March. 

Miller returned the summons with a written explanation of Barnabas’ reticence to participate in the civic process: “I have a short attention span, I have to go to the bathroom quite often and besides, I’m a dog.” 

Super Papa still ticking  

TACOMA – Just four days shy of his 100th birthday, Cecil Hill completed the 5-kilometer Sound to Narrows course in the middle of the pack. 

His fitness is testimony to the effectiveness of the regimen he adopted after quadruple bypass surgery forced him to retire 10 years ago. 

“I did just fine,” Hill said with satisfaction after Saturday’s race. “I stopped only once and that was just to blow my nose.” 

“Congratulations, Super Papa,” yelled some of the two dozen relatives who walked with him over the hilly course near Point Defiance Park. 

Hill walks 5 kilometers — more than 3 miles — every day near his assisted-living home or in its halls. His son, Doyle, says he’s a natural athlete who never smoked, and ate and drank moderately. 

“He says he’s going to live to be at least 105, and I suspect the way he’s going, he’ll make it,” Doyle Hill said. 

The former farmer, salt miner and parking-lot manager was one of those tapped to carry the 1996 Olympic torch when it passed through the Puget Sound area. And the longtime Mariners fan threw out the first pitch in a game several years ago. 

Girl Scout troops break through military barrier  

MINNEAPOLIS – Raising nearly $32,000 worth of cookies for U.S. soldiers in South Korea was easy for a group of Girl Scouts. Much harder was getting the treats to the troops. 

The cookies were stuck in Minneapolis for more than a month because of military schedules, security rules and the volume of cookies. 

The Girl Scouts contacted state Sen. Mark Dayton to see if he could help them get the cookies shipped and distributed to about 28,000 troops. 

After some wrangling — Dayton’s office contacted the Defense Department, the Marines, the Air Force and the Minnesota Air National Guard — Northwest Airlines agreed to carry the shipment. 

Northwest spokeswoman Mary Beth Schubert said the airline was honored to “bring a little bit of home to our service members in Korea.” 

Dayton joined 12 Scouts at Minneapolis-St. Paul International Airport for Monday’s send-off. 

“The Girl Scouts not only had to raise thousands of dollars for the cookies, but then had to spend weeks working to cut through... barriers,” he said. “I applaud their efforts.”

Tonight the Board of Education will consider asking Berkeley residents for raises from $875 to $1,500 per month.  

Proponents say the boost is long overdue. But critics say that, while school board salaries come out of city coffers, the move could still appear unseemly given the district’s multimillion dollar deficit and the heavy staff and teacher layoffs on the horizon.  

School board stipends have not increased since 1988, when voters raised pay for board of education and city councilmembers from $300 to $875 per month. Since then, City Council pay has jumped to $1,800 per month but school board stipends have not moved. 

In order to raise pay the school board will have to approve the request tonight and the City Council must choose, at a later date, to place the matter on the November ballot. Berkeley voters would have the final say.  

Councilmember Dona Spring is also pushing a November ballot initiative that would raise City Council salaries by an as yet unspecified amount.  

School board member John Selawsky said a raise to $1,500 per month would help members, already forced to reduce hours at their “day jobs” to fully commit to the board. 

“We need people who can put the time in and are committed to the school community,” he said. “I see this as a full-time job.” 

School board President Shirley Issel is open to the idea, but is leaning against it. 

“I don’t think it ought to be a full-time undertaking,” Issel said, referring to the job of being a school board member. 

Issel was worried that full-time members might resort to micromanagement when a board should focus on setting policy and general direction. 

Board Vice-president Joaquin Rivera said he supports the concept of a raise, given the long hours that many members devote to the job. But he worries about the timing with the district’s deficit, which at last count stands at $2.5 million for next year. 

“I don’t know if people really understand that we get paid by the city, not by the district,” he said. 

“I think that’s a realistic concern,” said board member Terry Doran, who supports the raise. “But it’s been quite a few years (since the last increase).” 

Doran said he is hopeful that the increase would encourage people to run for the board who might not be able to afford it otherwise. 

But parent activist and school board candidate Nancy Riddle said she did not think the boost was enough to attract new people.  

Riddle said the attraction for her is a suggestion, by Selawsky, that board members could divert some of their increases to pay for a school board staffer who would return phone calls and conduct research for members. The board currently has no staff. 

Riddle said a staffer could allow the board to pursue issues that district headquarters may not have time to address. 

“The district has its priorities and time constraints and I think the school board members might have different interests that the district might not have the time to pursue,” she said. 

The City Council has mixed views on the school board pay hike.  

“I’m not adverse to it,” said Mayor Shirley Dean. But she said the city would have to see how the measure fits in with the city’s projected $3 million deficit. 

“We have to make cuts,” acknowledged Spring, who supports raises for both school board and councilmembers. “But one of the reasons we have a deficit is we try hard to pay our employees fair wages.” 

Spring said the City Council and school board work hard and should not be penalized simply because they are elected officials.  

Councilmember Betty Olds said she opposes raises for the council, but might support school board raises given that there is relatively little money involved – $37,500 over the course of a year. 

Dean added that she would like to learn more about salaries for school board members in neighboring cities before making a decision. An inquiry by the Planet revealed that Oakland board members make $750 per month. 

Contact reporter at scharfenberg@berkeleydailyplanet.net 

Critics concerned future tests will threaten health 

With the threat of a lawsuit looming, officials with the Lawrence Berkeley National Laboratory announced Tuesday night that they have completed their controversial study of a waste treatment process which released radioactive tritium 500 feet from UC’s Lawrence Hall of Science. 

Tritium is used in testing pesticides and drugs. 

Critics of the federally-operated lab have long charged that tritium and other emissions are a health threat to the college and community. The grassroots Committee to Minimize Toxic Waste urged the city to fund a lawsuit to stop waste treatment until an environmental study of the lab is done. 

Berkeley’s City Council on Tuesday, in response to the lab’s announcement, decided not to consider supporting a $15,000 lawsuit.  

The lab’s unexpected announcement came just minutes into the council meeting. Robin Wendt, the lab’s environmental, health and safety division deputy, said the timing of the study’s completion while legal pressure is building is a coincidence. 

Wendt and other lab officials have long bucked environmental criticism, saying that emissions at their facilities are within federal standards. 

During the lab’s handling of the tritium, emissions of the radioactive tritium isotope and other potentially hazardous substances become airborne. 

The lab prepares the substance for use by product researches who test the effectiveness of pharmaceuticals and pesticides. 

Though critics were happy to hear that the lab’s treatment study was over, they questioned the lab’s motives. 

“They’re doing this now just to avoid a lawsuit,” said Elliot Cohen, an outspoken critic of the lab and member of the city’s Peace and Justice Commission. “When the publicity dies down, they might start doing it again.” 

Wendt told City Council that the lab, in addition to ending the current treatment study, canceled two other scheduled studies that were slated to test equally-contentious treatment technologies. 

However, Wendt would not say that waste treatment would be stopped entirely. 

“I can’t guarantee that we won’t do anymore treatability studies,” he said. 

Contact reporter at  

kurtis@berkeleydailyplanet.net

Contra Costa Times dropped to 50-cent Sunday edition 

SAN FRANCISCO – Four Knight Ridder newspapers, including the Contra Costa Times in Walnut Creek, have reduced their Sunday newsstand price during the past two months in a push to attract more readers and reverse a prolonged circulation slide at the nation’s second-largest newspaper company. 

The price cuts represent the most tangible evidence yet of San Jose-based Knight Ridder’s resolve to stop a slow but steady erosion in circulation that has occurred in recent years while management catered to investors by trimming expenses to boost profit margins. 

After engineering an 11 percent work force reduction that eliminated 2,200 jobs last year, Knight Ridder Chief Executive Tony Ridder made readership growth a top priority this year. 

To emphasize the point, Ridder tied a larger portion of management’s bonuses to circulation gains and last month appointed a new vice president of circulation, Arden Dickey. 

The papers that have lowered their Sunday prices by 25 cents to 50 cents since April are: the St. Paul Pioneer Press in Minnesota; the Contra Costa Times in Walnut Creek; the Akron Beacon Journal in Ohio; and the Kansas City Star. 

Although that’s only a handful of Knight Ridder’s 32 daily newspapers, industry analysts believe the discounts will become more widespread. 

Ridder “is 100 percent focused on getting circulation growing again,” said analyst Peter Appert of Deutsche Bank Securities. “It’s refreshing to see a top industry executive so aggressively focused on the topic.” 

Contacted Tuesday, a Knight Ridder official declined to comment on the company’s plans, citing competitive reasons. 

Ridder told shareholders at the company’s annual meeting in late April that the company intended to build circulation “through a combination of content improvement, increased promotion, more thoughtful pricing (and) discount strategies.” 

While declining readership has plagued the industry for decades, the problem has been more acute at Knight Ridder in recent years.

Free this month then 3 tiers of paid service available 

WALTHAM, Mass. – Internet portal Lycos announced plans Tuesday to launch a new paid subscription music service offering access to 10,000 albums with 150,000 songs. 

Lycos, a subsidiary of Spanish communications conglomerate Terra Networks SA, becomes the largest Internet partner of Listen.com, the San Francisco-based company that has agreements with four of the five major record labels to provide “streamed” CD-quality sound. 

The Lycos Rhapsody service will be offered free through this month. Then Lycos will offer three tiers of service: free radio service on 20 channels of FM-quality sound; access to more than 50 commercial-free radio stations with CD-quality sound for $4.95 per month; and unlimited streams of individual songs plus access to the 50 stations for $9.95 per month. 

Customers would not be allowed to save songs on their hard drives or record them on compact discs. 

Listen.com’s deals with BMG, Sony Music Entertainment, EMI Recorded Music and Warner Music Group would give Lycos users access to artists including Christina Aguilera, Jennifer Lopez, Jay-Z, Lauryn Hill, Bruce Springsteen and Simon and Garfunkel. 

Industry-sponsored sites MusicNet and PressPlay limit how many songs can be downloaded. 

Terra Lycos, which is trying to draw more users to subscription-based content, claims 115 million unique users per month. It has a presence in 43 countries.

LOS ANGELES – Worldwide sales of pirated music CDs nearly doubled last year to a record 950 million units, an industry trade group said Tuesday. 

Illegal shipments came from large manufacturing plants and small garage operations around the world, according to the International Federation of Phonographic Industries, which represents 1,400 record producers and distributors in 76 countries. 

Illegal recordings of music, meanwhile, which may have been put on CD or cassette, totaled nearly 2 billion in 2001, up just slightly from a year earlier. The figure means that two out of every five recordings sold worldwide in 2001 was an illegal copy. 

Illegal music sales outnumbered legal sales in 25 countries, compared with 21 countries a year earlier, the group said. 

China, Russia and Brazil led the world in piracy. Ninety percent of all music sold in China is pirated, according to the federation. 

Sales of pirated materials around the world amounted to $4.3 billion, up from $4.2 billion in 2000.

SAN FRANCISCO – Remnants of the atomic bomb dropped over Hiroshima were auctioned for $167,500 Tuesday — but the federal government says the sale is a breach of national security and wants to block the buyer from claiming his purchase. 

Pending the outcome of litigation by the Justice Department, Butterfields Auctioneers Inc. has agreed to hold onto the arming mechanisms of the bomb dropped from the Enola Gay. The B-29 bomber dropped the atomic bomb over Hiroshima, Japan, on Aug. 6, 1945, killing roughly 140,000 people. 

The Justice Department said in court papers Tuesday the internal configuration of the auctioned thumb-sized plugs — one of which was used to activate the real bomb — are classified. 

“Their design is classified as secret, restricted data, and has never been declassified,” said Steven Saltiel, a San Francisco federal prosecutor. 

The government is seeking a court order prohibiting a San Diego real estate developer from taking possession of the plugs. 

A federal judge has set a hearing for Friday and denied the government’s request on Tuesday to block the auction from Butterfields’ San Francisco office and over the Internet. 

Clay Perkins, who bought the two thumb-sized devices, said they have great personal and historical value. He said the idea of nuclear power inspired him to become a physicist. 

“They are arguably the most significant physical objects to come out of the 20th century,” said the 68-year-old real physicist-turned-real estate developer. “They are the only thing left of the first atomic bomb.” 

The government also said the so-called plugs are the government’s property, not that of Morris Jeppson, an Enola Gay crew member who put them up for auction. 

Jeppson, of Las Vegas, was unavailable for comment. 

A Butterfields spokesman, Levi Morgan, said the government’s case is “without merit.”

EUREKA – An Illinois railroad consultant has submitted a formal proposal to take over the North Coast Railroad and get it back in business within a year. 

Ted Niemeyer, a railroad engineering consultant with Niemeyer and Associates in Chicago, sent the proposal to the North Coast Railroad Authority, which requested it after hearing Niemayer’s offer earlier this year. 

Niemeyer wants to take over ownership, as well as the roughly $42 million restoration grant the authority has left from a state award two years ago. 

Niemeyer said he’ll have the entire northern end of the railroad up and running within one year, or would return ownership to the authority. 

North Coast officials said Monday they’re encouraged by the offer, but need answers to additional questions, including where he plans to get the rest of the money to restore the line. 

Some experts put the total cost at more than $100 million. 

It also isn’t yet clear whether the authority even has the right to sell the railroad. 

Niemeyer, a devout Christian, said his interest in buying the railroad came from a revelation he had earlier this year. 

“It’s worth exploring,” said Arcata City Manager Dan Hauser. “I think a lot of people have been afraid that someone would come in and liquidate it. Under this deal, that couldn’t happen.”

SACRAMENTO – After decades of largely unheralded state poets appointed by legislators, Gov. Gray Davis has named La Jolla poet Quincy Troupe, 62, as California’s first official poet laureate. 

Troupe, inheriting an honorary tradition dating to the English Middle Ages, will receive a $10,000 honorarium to make readings around the state and raise the profile of poetry, especially among school children. 

“Poetry is a very powerful, a beautiful and necessary and ancient art,” Troupe said. More than 15 poets and representatives of poetry associations applauded the moment and Troupe’s reading of “Flight,” a poem about flying above California’s coastline. 

Troupe, author of 13 books, including six books of poetry, is a professor of creative writing and American and Caribbean literature at the University of California, San Diego. Nominated for the post by San Diego’s Museum of Contemporary Art, his latest books are entitled “Choruses” and “Avalanche.” 

“Poetry humanizes people. It really humanized me,” explained Troupe, who said his mother read poetry to him as a child, and that he began writing while recovering from basketball injuries. Explaining how he writes, Troupe said, “Sometimes it doesn’t come. And sometimes it comes and it’s terrible. And sometimes it’s glorious. That’s what I live for.” 

California first lady Sharon Davis announced the selection Tuesday, citing Troupe’s “work as a writer and his accomplishments as an educator.” Gov. Davis picked Troupe among three finalists selected in March by a California Arts Council panel. 

Runners-up included poets Francisco X. Alarcon, 48, of Davis, and Diane DiPrima, 67, of San Francisco. 

Troupe is a New York City native and 11-year California resident. Touted by the arts council as California’s first official poet laureate, he succeeds five state poets appointed by the Legislature since 1915. The last was Fresno poet Gus Garrigus, who served from 1966 until his death in 2000. 

Troupe, accompanied by his wife, Margaret Porter Troupe, promised a “literacy through poetry” program for California schools. He also plans to bring poetry to corporations during lunch hours, to churches, community centers and the Legislature. 

“I intend to do a great job. I intend to bother people, seriously,” he said, referring to fund-raising to heighten poetry’s profile.

Agency says next wave  

of attacks could be divers blowing up ships 

SAN DIEGO — FBI agents have been contacting hundreds of dive shops around the country out of concern the next wave of terrorist attacks could be carried out by scuba divers. 

The FBI said it is looking into whether al-Qaida operatives have been taking scuba training in order to blow up ships at anchor, power plants, bridges, depots or other waterfront targets. 

Agents spent several days last week at Ocean Enterprises, one of the biggest dive shops in the country, checking customer files and sales of highly specialized scuba equipment, according to owner Werner Kurn. 

“They want to know if we have seen anything out of the ordinary,” said Kurn, whose shop is a few blocks away from an apartment complex where two of the Sept. 11 hijackers lived in 2000. “If you ask me where’s the best place to dive, that’s normal. If you ask me in a limited-visibility dive how do you maintain your bearings or how can I dive in the harbor, that’s not.” 

The possibility that members of Osama bin Laden’s terrorist network might have taken scuba training emerged from interrogations of people taken into custody in the U.S.-led effort to root out terrorism around the world, said John A. Sylvester, who heads the counterterrorism office in the FBI’s San Diego bureau. 

A warning of possible attacks by divers was issued by the government before Memorial Day. The Coast Guard also warned of the possibility last weekend, and security around ports and ships has been tightened as a result. 

Last week, the Professional Association of Diving Instructors, the world’s leading diving organization, gave the FBI a list of 2 million people the association has certified to dive over the past three years, Vice President Jeff Nadler said. 

Agents are contacting all U.S. dive shops to check the names of those who took scuba courses over the past three years, including those who dropped out without getting certified, Sylvester said. The United States has about 1,200 dive jobs, Nadler said. 

Also on the checklist are U.S. commercial dive schools that train students in underwater welding and repair. 

At Ocean Enterprises, agents have checked the infrequent sales of $5,000 rebreathers, devices that allow Navy SEALs to swim without producing a telltale trail of bubbles. Also of interest were sales of underwater propulsion vehicles that can tug a diver long distances and sell for as much as $8,000 each, Kurn said. 

In addition to California, dive shops in the Pacific Northwest, Florida and Ohio said they have been contacted. Dive shops in landlocked states, like Scuba One in Mandan, N.D., also are getting calls. 

The FBI said San Diego is a crucial part of the investigation. It is both a dive center and a major tourist destination. The area is home to a host of potential targets, from seaside nuclear plants to cruise ships and nuclear-powered Navy submarines and aircraft carriers. 

Some scuba experts said they are doubtful that a diver could do little more than make mischief underwater.

ETNA – Steep, rugged terrain near the Oregon border made it difficult for firefighters to combat a 600-acre wildfire that threatened homes and animals Tuesday, and officials said they don’t expect to contain the blaze until next week. 

Meanwhile, week-old blazes that have scorched nearly 45,000 acres of brush and forest land throughout the state are nearing containment. 

The blaze in rural Siskiyou County was burning about 30 miles south of the Oregon state line in treacherous mountain terrain that made it difficult to fight, said Tom Fields, a spokesman for the Oregon California Incident Management Team, which arrived Monday night to help fight the blaze. 

The fire started Sunday afternoon when a backyard debris fire burned out of control, said Penny Melum, a spokeswoman for the Klamath National Forest. Wildfire officials said containment is expected by next Monday. 

“It is human caused, and it just breaks my heart,” she said. 

About 500 firefighters worked in 80-degree heat Tuesday to battle the blaze, which was spread by high winds that pushed flames along 80-degree slopes. Calm winds on Tuesday were expected to help prevent the fire from spreading. 

The few homes in the area were not immediately threatened and no evacuations were ordered, but fire engines were stationed at each house. The fire did threaten the homes of bears, mountain lions, raccoons and rattlesnakes. 

To the south, a 1,100-acre wildfire that burned 60 miles northeast of Sacramento in Yuba County was contained Monday afternoon. It started Sunday when high winds knocked power lines into a tree, briefly prompting the evacuation of about 150 homes. 

In Southern California, a wildfire that burned 23,407 acres of brush in the Angeles National Forest destroyed nine homes and chased away more than 1,000 residents. It was 90 percent contained on Tuesday. 

Full containment was expected Tuesday evening, U.S. Forest Service spokesman Martin Esparza said. 

In Ventura County, a blaze that burned across 21,278 acres in the Los Padres National Forest north of Ojai was 65 percent contained Tuesday.

SAN DIEGO – The man accused of killing Danielle van Dam appeared nervous when he met with a police investigator two days after the 7-year-old girl vanished from her bedroom, the detective said Tuesday. 

“I noticed that he was sweating profusely from under his arms,” San Diego police Detective Johnny Keene testified in the trial of David Westerfield. 

Keene described the interview on Westerfield’s front porch, two doors from the van Dam home, on a cool Monday morning in early February. 

Westerfield told the investigator about his brief encounter with Danielle’s mother, Brenda van Dam, at a neighborhood bar on Feb. 1, the night of the girl’s disappearance. 

Westerfield, 50, is charged with murder, kidnapping and possession of child pornography. He could face the death penalty if he’s convicted.

BOSTON – A judge Tuesday threw out one of nine charges against a man accused of trying to blow up a jetliner with explosives in his shoes, ruling that an airplane is not a vehicle under a new anti-terrorism law. 

The charge — attempting to wreck a mass transportation vehicle — was filed under the USA Patriot Act, which was passed by Congress after the Sept. 11 terrorist attacks. 

U.S. District Judge William Young said that although an airplane was engaged in mass transportation it is not a vehicle as defined by the new law. 

Richard C. Reid still faces eight charges, including attempted murder and attempted destruction of an aircraft. He allegedly tried to light the explosives hidden in his shoes while aboard American Airlines Flight 63 from Paris to Miami three days before Christmas. 

Samantha Martin, a spokeswoman for U.S. Attorney Michael Sullivan, declined to comment on the ruling. She said no decision had been made on whether to appeal. 

Reid’s lawyer, Owen Walker, did not immediately return a call for comment. 

The judge said he looked to a legal definition of vehicle drafted by Congress in an earlier law known as the Dictionary Act. That defines a vehicle as something used as a means of transportation on land. 

The USA Patriot Act was signed into law Oct. 26, giving the government broad powers to fight terrorism. Among other things, it expands the FBI’s wiretapping and electronic surveillance authority and gives police wide-ranging powers to search people’s homes and business records.

Supreme Court blocks 

Texas execution  

HUNTSVILLE, Texas – A convicted murderer whose lawyers say is mentally retarded won a reprieve from the U.S. Supreme Court on Tuesday, 3 1/2 hours before he was scheduled to be executed. 

Last month, the nation’s highest court halted two other executions after lawyers made similar claims. The court has been reviewing a Virginia case that challenges the constitutionality of executing the mentally retarded; a decision is expected at any time. 

Willie Modden, 54, was sentenced to die for stabbing to death a convenience store employee, 27-year-old Deborah Davenport, during a robbery. 

Modden’s first conviction was overturned because jurors were not allowed to consider his claims of mental retardation when they decided his sentence. 

He was tried again in 1992, convicted and condemned. At that trial, jurors were told his IQ was 64; an IQ of 70 is considered the threshold for retardation. 

NYPD rejects proposal  

for armed citizen patrols  

NEW YORK – The police commissioner says New York doesn’t need armed bands of citizens to protect its neighborhoods, flatly rejecting a proposal by a Jewish group to begin patrols next week. 

“The department will not tolerate anyone brandishing weapons under the guise of protecting others,” Commissioner Ray Kelly said Monday. “Anyone attempting to patrol the streets armed with weapons will be arrested.” 

On Sunday, Rabbi Yakove Lloyd, president of the right-wing Jewish Defense Group, proposed armed patrols, citing comments a suspected terrorist made on CBS’ ”60 Minutes” about targeting certain Jewish neighborhoods. 

“Any move in this direction is counterproductive,” Kelly said. “The tenor of this is wrong. We don’t need this.” 

Lloyd said the patrols would go ahead. 

“What the police commissioner does not understand is that no matter what he says ... those who have the legal right to carry firearms can carry firearms,” he said. 

Government seizure upheld  

in fight over Islamic charity assets  

CHICAGO – A federal judge on Tuesday upheld the government’s seizure of money and records from an Islamic charity federal officials say is suspected of ties to terrorism. 

Attorneys for the charity, Global Relief Foundation, had argued that the order that froze its bank accounts was unconstitutional. 

But U.S. District Judge Wayne Andersen wrote in a 48-page opinion that the government had “established probable cause to believe that Global Relief and its executive director were agents of a foreign power.” 

Global Relief attorney Roger Simmons said he would appeal to the 7th U.S. Circuit Court of Appeals. 

Global Relief, based in the Chicago suburb of Bridgeview, was raided by Treasury Department agents on Dec. 14 and its assets were frozen as part of the government’s post-Sept. 11 terrorism investigation. 

In preparation for his ruling, Andersen viewed secret evidence provided by the government but not shown to Global Relief attorneys. 

“We have reviewed materials furnished by the FBI to us and have concluded that they are relevant to the ongoing investigation and that their disclosure to Global Relief, while the investigation is pending, could undermine this investigation and others of national significance,” he said. 

Wildfire slows near Denver  

DENVER – Shifting wind and cooler temperatures slowed the advance of a wildfire bearing down on Denver on Tuesday, but yellow smoke still blanketed the area and officials asked 13,000 people to leave their homes south of the city. 

It was still too dangerous to allow firefighters in the path of the 77,000-acre blaze that started in the Pike National Forest, officials said. 

“There is such a tremendous amount of heat that you can’t put firefighters on the ground in front of it,” said fire information officer Tony Diffenbaugh. 

The change of wind direction had turned the fire back onto itself late Monday, but officials feared the wind would return on Tuesday, with gusts to 30 mph, and intensify the blaze again, said Diffenbaugh. 

Investigators were looking for the owner of a pickup truck seen leaving the area where the blaze was started by an illegal campfire Saturday about 60 miles south of Denver. Campfires had been banned in the area because of the drought. 

It was one of at least eight fires in Colorado, including a 10,000-acre blaze that destroyed 24 homes and sent residents fleeing in Glenwood Springs, near Storm King Mountain in western Colorado. 

In Glenwood Springs, most of the 3,000 residents forced to leave their homes were allowed to return Monday night. That fire was started Saturday by a long-smoldering underground coal fire. 

Gay-rights advocates infiltrate  

Southern Baptist meeting  

ST. LOUIS – The head of the Southern Baptists condemned homosexuality from the podium Tuesday as gay rights protesters shouting slog and marched through the convention hall and into the arms of police. 

Twelve protesters were arrested inside the hall, and 38 more were taken into custody outside, where riot police stood near the main doorway. 

The dozen protesters who infiltrated the annual meeting of the nation’s largest Protestant denomination were charged with ethnic intimidation and trespassing. 

“Stop killing us! Stop the spiritual violence!” one man shouted as police dragged him behind the curtains at America’s Center. A woman from the group Soulforce, which claims Southern Baptist teachings lead to violence against gays, shouted: “God loves his gay children!” 

“You need Jesus!” shouted back the Rev. Robert Smith, a pastor from Cedar Bluff, Ala. Others hissed as protesters were led away. 

Spacewalking astronauts bolt down  

work platform for robot arm  

CAPE CANAVERAL, Fla. – Two spacewalking astronauts wired up and bolted down a work platform Tuesday that will allow the international space station’s 58-foot robot arm to roam across the orbiting outpost. 

Franklin Chang-Diaz and Philippe Perrin, visiting from space shuttle Endeavour, connected eight power, data and video cables. Then, working 240 miles above Earth, they drove four bolts to secure the platform and installed a TV camera. 

Earlier this spring, 44 feet of track and a rail car were installed on the international space station for use in the later stages of construction. Tuesday’s work involved the bolting of a $254 million platform on the rail car. 

The platform will enable the robot arm and pieces of the space station to ride from one end of the space station to the other. A series of tests must be conducted over the next few weeks before the robot arm is commanded to climb onto the platform for a ride. 

Police: Investigation in case of missing Utah girl being refocused  

SALT LAKE CITY – The city’s police chief said Tuesday detectives are refocusing their investigation into the disappearance of Elizabeth Smart on those who know the 14-year-old girl, and vowed to the unidentified suspect: “We are going to get you.” 

“If you’ve got Elizabeth, you’d better release her now,” Chief Rick Dinse told reporters on the seventh day of the investigation. 

Despite checking out hundreds of tips, police have not been able to focus on any particular suspect, he said. 

“We believe that it is possible that we have already talked to, or will soon talk to, the suspect that is responsible for this crime,” he said. “My caution to this suspect, if he is listening, is, ’We are going to get you.”’ 

Investigators spent several hours in the Smart home early Tuesday, searching for clues to the girl’s June 5 disappearance. 

Investigators are now focusing on someone who had access to the neighborhood or the house, although not necessarily a family member, Dinse said. 

“We don’t have an identified suspect, but we do have some analysis of what this suspect is like,” he said. “While we have not located Elizabeth or identified a clear suspect, we have made progress.” 

Police said they have ruled out the possibility that the girl staged her own abduction and was a runaway. 

So far, police have received 6,000 leads, of which 600 were worthy of followup.

SAN FRANCISCO — Citing a lack of evidence, a judge tossed out Marjorie Knoller’s murder conviction Monday in last year’s dog mauling death of a neighbor. He also sentenced Knoller’s husband to the maximum four years in prison. 

Knoller, 46, could have gotten 15 years to life in prison for murder. She now faces up to four years for involuntary manslaughter and having a mischievous dog that killed someone. 

The judge’s decision stunned friends and relatives of the 33-year-old victim, Diane Whipple. Knoller’s sentencing was delayed until at least July 15 so prosecutors can argue that her second-degree murder conviction should be reinstated. 

“We have not yet given up on our chance of convincing the judge that the murder charge is appropriate,” District Attorney Terence Hallinan said. 

Though Warren said Knoller and husband Robert Noel are “the most despised couple in this city,” he said the evidence did not support a murder conviction because Knoller had no way of knowing her dogs would kill someone when she left her apartment that day in January 2001. 

“There is no question in this court’s mind that in the eyes of the people, both defendants are guilty of murder,” Warren said. “In the eyes of the law, they are not.” 

Warren pointed out that Noel did not face a murder charge and said that he, in fact, was more culpable than his wife. The grand jury indicted Knoller for murder because she was with the dogs when they fatally attacked Whipple. Noel was out of town. 

Sharon Smith, Whipple’s domestic partner, said she was shocked at the judge’s ruling to throw out Knoller’s murder conviction. During the sentencing hearing, she attacked Knoller and Noel — both lawyers — for never apologizing or accepting blame. 

“I cannot imagine what Diane went through. You can never imagine how I felt knowing the one I loved died alone,” Smith testified through tears. “To aggravate my pain, you’ve never apologized. You were too busy being lawyers to be human. You fail to accept that your actions killed a person.” 

If Warren refuses to change his decision to throw out the murder charge and that decision is upheld on appeal, prosecutors said they would have to consider whether it’s possible to retry Knoller for murder without violating her constitutional right against double jeopardy — since she already is convicted of manslaughter for the same crime. 

“Whether we can retry it or not, we’re not exactly clear,” he said. “It’s a much trickier question.” 

Knoller and Noel were arrested after their two huge presa canario dogs pounced on Whipple outside her San Francisco apartment door on Jan. 26, 2001. 

“I cannot say as a matter of law that she subjectively knew on Jan. 26 that her conduct would cause death,” Warren said. 

Knoller was convicted in March of second-degree murder in a trial moved to Los Angeles because of pretrial publicity. Like Noel, she also was found guilty of manslaughter and having a mischievous dog that killed someone. 

Smith, who also has filed a civil suit in Whipple’s death, shed a tear as Warren threw out the murder conviction. Later, during the sentencing hearing, she angrily argued that both Knoller and Noel should receive the maximum penalty for manslaughter. 

“I shared my life with Diane for seven years. We had our ups and downs. We planned for our future,” Smith said. “You stole that from her. You stole that from me. 

“To you, it’s been one big legal game. This is not a game to me,” she said. “There is no sentence, no amount of time in prison that feels appropriate.” 

Despite throwing out the murder conviction, Warren said he did not believe much of Knoller’s trial testimony, and that both Knoller and Noel acted terribly in the days following the attack. He said they were cavalier about Whipple’s death, and even blamed the dead woman in interviews. 

“Their conduct from the time that they got the dogs to the weeks after Diane Whipple’s death was despicable,” the judge said, calling the dogs “a canine time bomb that would at some inevitable point explode with disastrous consequences.” 

Knoller and Noel went on the offensive almost immediately after the attack. They granted numerous interviews and hired and fired lawyers who warned their public comments were hurting their case. 

In court papers, Knoller’s attorneys argued that her trial lawyer, Nedra Ruiz, did not competently represent her; that the judge improperly allowed prosecutors to associate her with a white supremacist prison gang; and that Knoller could not legally be convicted of both murder and involuntary manslaughter. 

During the trial, Ruiz’s courtroom theatrics included shouting, kicking the jury box and waving her arms. She got down on all fours to re-enact what she described as Knoller’s attempts to protect Whipple. 

SAUSALITO — A Marin County family has finally docked at home — four years, 41 countries and some 35,000 miles after they first sailed out of a Sausalito harbor on their trip around the world. 

“The trip was for our own benefit, but also for the education and the broadening of knowledge for our children,” said Willie Leslie, 60. “We wanted the children to become travelers and see that people around the world are basically the same.” 

He set off with his wife Andrea, 43, and their two children, Ellen, now 10, and Scott, now 12. Willie and Andrea lived on their 37-foot sailboat, the Lady Ann, in Sausalito for 14 years prior to setting sail. They planned the trip for 10 of those years — saving money, charting routes, preparing the boat and researching navigational hazards, harbors and anchorages in each country. 

The family left Sausalito in October 1998, reaching Puerto Vallarta, Mexico, two months later. In April 1999, they left Balboa at the Panama Canal and began their trip around the world. 

They sailed along the coast to the Galapagos Islands then into the open ocean for the first time, on a 21-day crossing to Easter Island. 

The Leslies sailed to Pitcairn Island, where their boat was bumped by whales. Then on to Bora Bora, Fiji and Australia, where they spent 10 months waiting for the cyclone season to pass. 

When they sailed past Oman, notorious for its pirates, they traveled 50 miles off the coast with 10 other boats, and took their sails down in the day to be less visible. 

The family also visited Israel, Greece, France, Morocco, the Canary Islands, Grenada, Venezuela and Columbia. 

They reached the Panama Canal again on March 19, and sailed into Sausalito on Friday. 

The Leslies now plan to sell the boat and buy a house. They don’t know where exactly they’ll settle down, but they do know it will be in the United States. 

“The kids have never lived in a house. They want to have pets, a yard, and their own rooms,” Willie Leslie said. “We have seen a lot of wonderful places that we would like to go back and visit. But this trip proves to us that America is the best place in the world.” 

On June 15, 1215, King John put his seal to Magna Carta (“the Great Charter”) at Runnymede, England, guaranteeing certain rights and privileges within his realm. 

On this date: 

In 1520, Pope Leo X threatened to excommunicate Martin Luther if he did not recant his religious beliefs. 

In 1775, the Second Continental Congress voted unanimously to appoint George Washington head of the Continental Army. 

In 1836, Arkansas became the 25th state. 

In 1844, Charles Goodyear received a patent for his process to strengthen rubber. 

In 1849, James Polk, the 11th president of the United States, died in Nashville, Tenn. 

In 1864, Secretary of War Edwin M. Stanton signed an order establishing a military burial ground, which became Arlington National Cemetery. 

In 1904, more than 1,000 people died when fire erupted aboard the steamboat General Slocum in New York’s East River. 

In 1944, American forces began their successful invasion of Saipan during World War II. Meanwhile, B-29 Superfortresses made their first raids on Japan. 

In 1978, King Hussein of Jordan married 26-year-old American Lisa Halaby, who became Queen Noor. 

In 1994, Israel and the Vatican established full diplomatic relations. 

Ten years ago: Russian President Boris N. Yeltsin arrived in the United States for his summit with President George H.W. Bush. The Supreme Court ruled the government may kidnap criminal suspects from a foreign country for prosecution. Vice President Dan Quayle, relying on a faulty flash card, erroneously instructed a Trenton, N.J., elementary school student to spell “potato” as “potatoe” during a spelling bee. 

Five years ago: Israel’s Supreme Court rejected an appeal to charge Prime Minister Benjamin Netanyahu with fraud in an influence-peddling scandal that had threatened to topple his government. 

One year ago: On the eve of his first meeting with Vladimir Putin, President Bush, in Poland, chastised Russia for suspected nuclear commerce and encouraged the former Cold War rival to help “erase the false lines that have divided Europe.” The Los Angeles Lakers defeated the Philadelphia 76ers 108-96 in game five to win their second straight NBA championship. 

Today’s Birthdays: Former New York Gov. Mario Cuomo is 70. Actor Aron Kincaid is 59. Actor-director Simon Callow is 53. Singer Russell Hitchcock (Air Supply) is 53. Rock singer Steve Walsh (Kansas) is 51. Comedian-actor Jim Belushi is 48. Country singer Terri Gibbs is 48. Actress Julie Hagerty is 47. Actress Eileen Davidson (“The Young and the Restless”) is 43. Actress Helen Hunt is 39. Rock musician Scott Rockenfield (Queensryche) is 39. Actress Courteney Cox Arquette is 38. Country musician Tony Ardoin is 38. Country musician Michael Britt (Lonestar) is 36. Rock musician Jimmy McD (formerly of Jimmie’s Chicken Shack) is 34. Actor-rapper Ice Cube is 33. Actress Leah Remini is 32. Actor Jake Busey is 31. Rock musician T-Bone Willy (Save Ferris) is 30. Actor Neil Patrick Harris is 29. Rock singer Dryden Mitchell (Alien Ant Farm) is 26. Rock musician Billy (Good Charlotte) is 21. 

On June 14, 1777, 225 years ago, the Continental Congress in Philadelphia adopted the Stars and Stripes as the national flag. 

On this date: 

In 1775, the United States Army was founded. 

In 1841, the first Canadian parliament opened in Kingston. 

In 1846, a group of U.S. settlers in Sonoma proclaimed the Republic of California. 

In 1922, Warren G. Harding became the first president heard on radio, as Baltimore station WEAR broadcast his speech dedicating the Francis Scott Key memorial at Fort McHenry. 

In 1940, German troops entered Paris during World War II. 

In 1940, in German-occupied Poland, the Nazis opened their concentration camp at Auschwitz. 

In 1943, the Supreme Court ruled schoolchildren could not be compelled to salute the flag of the United States if doing so conflicted with their religious beliefs. 

In 1954, President Eisenhower signed an order adding the words “under God” to the Pledge of Allegiance. 

In 1982, Argentine forces surrendered to British troops on the disputed Falkland Islands. 

In 1985, the 17-day hijack ordeal of TWA Flight 847 began as a pair of Lebanese Shiite Muslim extremists seized the jetliner shortly after takeoff from Athens, Greece. 

Ten years ago: The Earth Summit concluded in Rio de Janeiro, Brazil. The Chicago Bulls won the NBA championship, beating the Portland Trail Blazers in game six, 97-93. Mona Van Duyn became the first woman to be named the nation’s poet laureate by the Library of Congress. 

Five years ago: President Clinton opened a yearlong campaign against racism with a commencement address at the University of California, San Diego, in which he defended affirmative action and pleaded with Americans to confront and erase their most deeply held prejudices. A 1939 comic book featuring the first appearance by Batman was auctioned off for $68,500 at Sotheby’s in New York. 

One year ago: The Bush administration announced the Navy would end its bombing exercises on Vieques Island off the coast of Puerto Rico by May 2003. President Bush sparred with European leaders in Sweden over climate change, unwavering in his opposition to a global warming treaty. Mike Gartner, Jari Kurri, Vyacheslav Fetisov and Dale Hawerchuk were elected to the Hockey Hall of Fame. 

Today’s Birthdays: Actor Gene Barry is 79. Former White House news secretary Pierre Salinger is 77. Actress Marla Gibbs is 71. Actor Jack Bannon is 62. Rock singer Rod Argent (The Zombies; Argent) is 57. Real estate developer Donald Trump is 56. Singer Janet Lennon (The Lennon Sisters) is 56. Rock musician Alan White (Yes) is 53. Actor Eddie Mekka is 50. Actor Will Patton is 48. Olympic gold-medal speed skater Eric Heiden is 44. Singer Boy George is 41. Rock musician Chris DeGarmo (Queensryche) is 39. Actress Yasmine Bleeth is 34. Tennis player Steffi Graf is 33. Actress Traylor Howard is 31. Actor Daryl Sabara is 10.

Today is Wednesday, June 12, the 163rd day of 2002. There are 202 days left in the year. 

Today’s Highlight in History: 

On June 12, 1939, the National Baseball Hall of Fame and Museum was dedicated in Cooperstown, N.Y. 

On this date: 

In 1776, Virginia’s colonial legislature became the first to adopt a Bill of Rights. 

In 1838, the Iowa Territory was organized. 

In 1898, Philippine nationalists declared independence from Spain. 

In 1963, civil rights leader Medgar Evers was fatally shot in front of his home in Jackson, Miss. 

In 1967, the Supreme Court struck down state laws prohibiting interracial marriages. 

In 1971, Tricia Nixon and Edward F. Cox were married in the White House Rose Garden. 

In 1979, 26-year-old cyclist Bryan Allen flew the manpowered Gossamer Albatross across the English Channel. 

In 1981, major league baseball players began a 49-day strike over the issue of free-agent compensation. (The season did not resume until Aug. 10.) 

In 1987, President Reagan, during a visit to the divided German city of Berlin, publicly challenged Soviet leader Mikhail S. Gorbachev to “tear down this wall.” 

In 1991, Russians went to the polls to elect Boris N. Yeltsin president of their republic. 

Ten years ago: President George H.W. Bush, addressing the Earth Summit in Brazil, declared America’s environmental record “second to none.” In a letter to U.S. senators, Russian President Boris N. Yeltsin said the Soviet Union had shot down nine U.S. planes in the early 1950s and held 12 American survivors. 

Five years ago: The Treasury Department unveiled a new $50 bill meant to be more counterfeit-resistant. Baseball began interleague play, ending a 126-year tradition of separating the major leagues until the World Series. 

One year ago: President Bush arrived in Madrid, Spain, on his first official trip to Europe. A federal court in New York sentenced Mohamed Rashed Daoud Al-’Owhali, a Saudi Arabian follower of Osama bin Laden, to life in prison without parole for his role in the deadly bombing of the U.S. Embassy in Kenya. 

Today’s Birthdays: Banker David Rockefeller is 87. Actress Uta Hagen is 83. Former President George Bush is 78. Singer Vic Damone is 74. Actor-singer Jim Nabors is 72. Jazz musician Chick Corea is 61. Sportscaster Marv Albert is 61. Rock musician Bun E. Carlos (Cheap Trick) is 51. Country singer-musician Junior Brown is 50.  

Thought for Today: “What intellectual snobs we have become! Virtue is now in the number of degrees you have — not in the kind of person you are or what you can accomplish in real-life situations.” — Eda J. LeShan, American educator.

Judge says jurors need not  

agree on wrongdoer but  

that there was a wrongdoing 

HOUSTON — The judge in the Arthur Andersen LLP obstruction of justice trial ruled Friday that jurors do not have to agree on who committed the crime as long as each of them believes somebody did. 

U.S. District Judge Melinda Harmon’s decision, a victory for prosecutors, means the panel can disagree on which Andersen employee destroyed Enron Corp.-related documents last fall as long as all of them think someone “acted knowingly and with corrupt intent.” 

The ruling could remove a stumbling block for a jury that earlier this week told the judge it was deadlocked. 

Harmon said she couldn’t find a parallel case. 

“If someone knows of a case that’s directly on point, I would really urge you to give me the (citation) right now so I don’t make a mistake and rule incorrectly,” Harmon said before announcing her decision. 

Following her ruling, lead Andersen attorney Rusty Hardin asked for a mistrial. Harmon denied the request. 

The jury recessed for the night without reaching a verdict. They were to resume deliberations Saturday. 

Harmon’s ruling ended two days of debate that began Thursday, when jurors issued a flurry of notes after declaring themselves deadlocked the night before. The most important of the notes to Harmon read: 

“If each of us believes that one Andersen agent acted knowingly and with corrupt intent, is it for all of us to believe it was the same agent?” the jury’s note Thursday said. “Can one believe it was Agent A, another believe it was Agent B, and another believe it was Agent C?” 

Harmon’s answer came on the ninth day of deliberations. She acknowledged that it appeared to be breaking new legal ground and appeared worried about her ruling. 

“I’m kind of in a position of a case of first impression, which is terrifying for a district judge,” Harmon said. 

Earlier Friday, jurors heard requested excerpts from testimony by David Duncan, Andersen’s former top Enron auditor who testified for prosecutors in an agreement stemming from his own guilty plea to obstruction of justice. 

The panel wanted to hear Duncan’s take on discussions with former Enron chief accounting officer Rick Causey about third quarter losses and an Oct. 23 conference call where a possible Enron restatement was mentioned. 

Andersen is accused of obstructing justice by shredding Enron-related documents before the former energy trading giant collapsed last year. 

The firm argues its employees shredded documents to comply with a long-standing company policy of eliminating unnecessary and outdated materials. 

If convicted, Andersen could face fines, probation and barred be from auditing public companies. 

The trial started May 6 with jury selection; deliberations began June 6. 

NEW YORK — Just when it seemed the credibility of corporate America couldn’t sink any lower, another top business leader faces charges of white-collar crime. 

The arrest of former ImClone Systems CEO Samuel Waksal on charges of using inside information to tip off relatives to sell company stock came only a week after Tyco International Ltd.’s longtime chief executive was charged with trying to avoid sales taxes on pricey works of art. 

Experts say the moves show prosecutors are becoming bolder about taking corporate leaders to task for crimes the public didn’t care much about until recently. Politicians were quick to jump on the bandwagon. 

A day after Samuel Waksal was led away from his Manhattan apartment by FBI agents at 6:30 in the morning, Congress extended an ImClone probe to determine if Waksal’s brother — current ImClone chief executive Harlan Waksal — illegally profited from inside knowledge that federal health regulators weren’t happy with ImClone’s cancer drug, Erbitux. 

Seemingly weekly disclosures of corporate misdeeds have made headlines for months, shaking investor confidence and contributing to a dour stock market climate. 

After Samuel Waksal was arrested, Treasury Secretary Paul O’Neill, the former CEO of Alcoa, called the situation a “disgrace in this country right now — the unethical behavior of a few notorious company executives.” 

While O’Neill said he believes such cases are rare, experts sense a growing willingness by prosecutors to investigate wrongdoing by corporate executives. 

In the past, prosecutors avoided going after white-collar offenses because the public was more concerned with violent crime, said John Coffee, a Columbia University law professor who specializes in securities fraud. 

That mindset changed after Enron Corp. imploded and accounting firm Arthur Andersen LLP was accused of intentionally shredding incriminating documents about the energy trader. 

“There is a sense in America now that white-collar crime is a more serious problem,” Coffee said. “It suggests a very serious sea change on the part of the voter, and I think that affects prosecutorial priorities.” 

While authorities won’t catch all corporate figures who have broken the law, the high profile cases could scare top executives tempted to engage in questionable activity, said Charles Elson, director of the University of Delaware’s Center for Corporate Governance. 

“It’s designed to serve as a warning and to reinvigorate public confidence,” he said. “There will always be human beings who break the law, but enforcing the law tends make certain people less aggressive.” 

Enron’s collapse into bankruptcy late last year set off the wave of corporate scandals, leaving thousands of workers jobless and their retirement funds decimated after executives enriched themselves amid a maze of alleged accounting abuses. 

In a spectacular and swift implosion that drew comparisons to Enron, telecommunications giant Global Crossing Ltd. filed for bankruptcy protection in January, and the company and its top executives were besieged by charges of deceptive accounting. Founder and chairman Gary Winnick managed to cash out, selling $734 million in stock before the company hit bottom. 

Accounting concerns also have dogged Tyco, with some questioning how it accounted for corporate acquisitions that turned it into a huge industrial conglomerate in the 1990s. Tyco’s stock plunged after the company reversed course on a breakup plan announced in January to assuage complaints its books were inscrutable. 

The situation turned even worse when Tyco’s chief executive, Dennis Kozlowski, resigned June 3 — a day before being charged with illegally avoiding more than $1 million in New York sales taxes on paintings, including works by Renoir and Monet. Prosecutors’ investigation has widened to include whether Tyco paid for Kozlowski’s New York and Florida homes and improperly paid other expenses, according to a law enforcement source. 

Meanwhile, Adelphia Communications Corp., the nation’s sixth biggest cable television system owner, fired its auditor, Deloitte & Touche, on June 10 after learning that past audits had failed to detect the questionable business arrangements that allowed founder John J. Rigas and his family to use corporate accounts for their personal business pursuits and rack up $3 billion in debt. 

The company began disclosing the family’s borrowings in March; the stock has since lost nearly all its value, trading at 18 cents Friday after trading as high as $42.94 over the past 12 months. 

Samuel Waksal faces civil and criminal charges for allegedly trying to save himself and his family from huge losses last December when he learned the FDA was about to reject his company’s application for approval of the highly touted cancer drug. 

According to a civil lawsuit filed by the Securities and Exchange Commission, Waksal relatives sold more than $10 million in ImClone stock within a 48-hour period. 

As a result, investors are staying away from the stock market because they don’t know whether they should trust corporations anymore, said Paul Lapides, director of the corporate governance center at Kennesaw State University in Georgia. 

“Money’s coming out of the market in a big way,” he said. “People are buying real estate and art because they’ve lost so much trust.” 

Although the investigations are unnerving corporate boardrooms across the country, investors shouldn’t assume that the criminal investigations — or convictions — will persuade all executives to clean up their acts. 

Defendants in white-collar crime cases can usually afford the best lawyers, and rarely face serious jail time, Lapides said. 

“We have developed a privileged class that is beyond anything anyone could have imagined since the Roaring ’20s, since the robber barons,” he said. “If you get caught, under today’s conditions you are not going to serve time, and you will keep an awful lot of what you stole.” 

LAS VEGAS — Federal officials insisted Friday that the site of a proposed national nuclear waste repository in the Nevada desert is safe, despite an early morning earthquake that rumbled nearby. 

No damage or injuries were reported after the magnitude 4.4 temblor struck at 5:40 a.m. near Little Skull Mountain. The epicenter is about 12 1/2 miles southeast of the Yucca Mountain site and 75 miles northwest of Las Vegas, according to the U.S. Geological Survey in Golden, Colo. 

The quake was felt at the Nye County sheriff’s office in Pahrump, 40 miles to the southeast, but not in hotels on the Las Vegas Strip. 

About 100 scientists and employees found no damage Friday at Yucca Mountain, said Allen Benson, a federal Department of Energy spokesman in Las Vegas. 

However, the minor quake reverberated in Washington, D.C., where the Senate is due before July 26 to vote on whether to entomb highly radioactive waste at the site. 

“The earthquake is a wake-up call for the U.S. Senate,” declared Rep. Shelley Berkley, D-Nev., who raised the specter of radioactivity contaminating groundwater if an earthquake were to strike an active Yucca Mountain repository. 

The House already has voted to support President Bush’s selection of Yucca Mountain to store the nation’s radioactive waste. 

“Today, we saw more proof that the proposed Yucca Mountain nuclear dump site is not safe,” said Sen. Harry Reid, D-Nev., who along with Sen. John Ensign, R-Nev., has been trying unsuccessfully to drum up 51 votes to block the project in the Senate. 

The Energy Department plans to bury 77,000 tons of spent commercial, industrial and military nuclear waste in a grid of underground tunnels beneath the ancient volcanic ridge. The site would remain radioactive for more than 10,000 years. 

Benson, at the Energy Department office in Las Vegas, released a statement calling the area “a known and studied geologic zone” that project scientists have monitored for 24 years. He said a magnitude 5.6 earthquake hit in 1992 in the same area — near Little Skull Mountain in the Nevada Test Site — but didn’t dislodge boulders at Yucca Mountain. 

“In fact, Yucca Mountain scientists have used earthquakes greater in magnitude than this morning’s quake to study and design a nuclear waste repository,” he said. “Scientific studies show that an underground repository at Yucca Mountain would perform safely in accordance with regulatory standards, including during an earthquake.” 

David von Seggern, a seismologist at the Nevada Seismological Laboratory at the University of Nevada, Reno, said Friday’s earthquake came as no surprise because the entire state is seismically active. 

“Earthquakes have happened and will continue to happen in this area,” he said. 

Von Seggern said Yucca Mountain is in a six-mile zone in which scientists found no documented evidence of a temblor greater than magnitude 3 since the 1800s. UNR has been monitoring the site since 1978, he said. 

A quake of magnitude 4.4 or even 6.4 would not damage a well-designed nuclear repository, von Seggern said. But he declined to comment on the Energy Department declaration that the repository would be safe. 

Opponents of the project seized on the quake as a reason to reject Yucca Mountain. 

“If you’re out looking for sites, three things you want to avoid are earthquakes, the potential for volcanoes and contamination of a pristine and valuable aquifer,” said Judy Treichel, an executive director of the Las Vegas-based Nuclear Waste Task Force and an opponent of the project. “Yucca Mountain gives you all of those.” 

Moving plutonium across state’s highways is illegal 

COLUMBIA, S.C. — Gov. Jim Hodges ordered state troopers and other authorities to South Carolina’s borders Friday to stop federal shipments of plutonium that could begin arriving from Colorado as early as this weekend. 

“I order that the transportation of plutonium on South Carolina roads and highways is prohibited,” Hodges said. “I order that any persons transporting plutonium shall not enter the state of South Carolina.” 

Hodges, who has vehemently opposed the shipments, read a statement declaring a state of emergency but refused to answer any questions about specific plans for roadblocks or other barricades at South Carolina’s Savannah River Site, a nuclear weapons complex near Aiken. 

On Thursday, a federal judge refused to block the shipments of weapons-grade plutonium. Hodges appealed the ruling and asked for a delay until the 4th U.S. Circuit Court of Appeals could hear the case. 

The Energy Department plans to move the material from the Rocky Flats weapons installation in Colorado, which is being cleaned up and closed, to the Savannah River Site, where the material would be converted into nuclear reactor fuel over the next two decades. 

But Hodges has said he fears the government will end up leaving the plutonium permanently in South Carolina, making the state a tempting target for terrorists. 

“The Department of Energy has broken promises, offered no assurances and left few options. Once plutonium arrives, it will never leave,” Hodges said. “They want South Carolina to quietly become the nation’s plutonium dumping ground.” 

The shipments legally could begin as early as this weekend, but U.S. Attorney Strom Thurmond Jr. said Energy Department officials told him they would not start until after June 22. 

A message left for an Energy Department spokesman was not immediately returned Friday afternoon. 

Vice President Dick Cheney, in South Carolina on Friday for a fund-raiser, said the fuel-conversion program is important to ensure that plutonium “never falls into the wrong hands.” 

“This administration is totally committed to helping pass legislation to guarantee that South Carolina does not become a permanent storage site for plutonium,” Cheney said. 

Hodges, a Democrat who is up for re-election in the fall, has threatened for weeks to use troopers to block roads into the Savannah River Site and has vowed to lie in the road if necessary to stop the trucks. 

Sid Gaulden, a spokesman for the Department of Public Safety, said traffic would still flow along the state’s roads. He acknowledged the department does not have enough resources to close every entry point to the state. 

About 6 1/2 tons of plutonium are to be shipped from Colorado. 

Federal officials have said the nuclear material would be under constant guard, and its path and time of arrival would be kept secret. They also say security at the Savannah River site is sound.