Commuters to Berkeley’s downtown might be in a tight spot if the city approves a proposed housing project on top of the 350–space Hinks parking lot, at Kittredge Street between Shattuck Avenue and Milvia Street.  

Library Gardens, a development containing 176 units of housing and ground-floor retail – the largest project ever proposed for downtown – is back before city planners after being scrapped last year, but now includes fewer parking spaces. Cost overruns on a planned two-level underground parking garage killed the project previously. 

Now, the plan includes the same four stories of housing and five shops, but nixes all underground parking.  

Developer John DeClercq put forth the proposal at a presentation to the Downtown Business Association (DBA) Thursday, and faced more questions about what his plan lacked than what it offered. 

“We’re very concerned about the impact of losing parking,” said DBA Executive Director Deborah Badhia. “The lot is 20 percent of the total [downtown] public parking supply.” 

The revised development calls for a 129 space ground floor lot with 105 permits sold to residents. This means a net loss of 221 public parking spaces at the site. 

The development would exacerbate downtown parking woes, city officials said. According to the Environmental Impact Report for the new Vista College campus on Center Street, when the campus is completed, downtown Berkeley will have a parking shortage of 609 spaces on weekday afternoons and 308 spaces on weeknight evenings. 

DeClercq, however, noting that zoning laws require that he supply only 105 parking spaces, said he was not required to compensate the city for the parking that his development would displace.  

“This [plan] is within the codes,” DeClercq told DBA members, adding that it was ultimately the city’s responsibility to deal with the downtown parking shortage. 

Berkeley transportation director Peter Hillier replied that “the city is not in the parking business on its own,” but added that it was too early to weigh in on the development. 

To alleviate the parking crunch, DeClercq said he would open his lot to the public on the assumption that residents would drive to work for the day, opening spaces for visitors to the downtown.  

But DBA members were skeptical that the plan would work. They argued that many of the residents would leave their cars in the lot during the day so that spaces would not be available for downtown workers or shoppers. 

Last year’s plan, which was approved unanimously by City Council and supported by the DBA, called for DeClercq to build a two-level underground garage to make up for the loss of the Hinks lot. However, because of high ground water levels at the site, construction proved too costly. 

“Every week it was another million,” DeClercq said.  

Badhia estimated that underground parking costs roughly $50,000 per parking space. The high price, she said, prompts most developers to offer only the minimum number of spaces required. 

A city rule that requires general fund transportation money to fund transit projects before parking, has also served to limit Berkeley’s parking supply, she said. 

Despite the parking issue, DeClercq believed the development could help downtown businesses. He estimated that the 176 units would house 300 residents. “That’s a lot of library cards, that’s a lot of theater tickets,” he said. 

The project still needs approval from the Zoning Adjustment Board. If passed, the development would begin in March and be completed within 18 months, DeClercq said. 

Contact reporter at matt@ 

berkeleydailyplanet.net

To the Editor:  

What is it with Art Goldberg and underground gasses? His threatened lawsuit against the city (Daily Planet, Oct. 22) over the alleged hazard of building on a site of a former gas station at 1797 Shattuck Ave. reminds me of another suit he threatened to bring.  

At a city Waterfront Commission meeting on an off-leash dog area in Cesar Chavez Park, Goldberg’s attempt to block the now-successful off-lease area included a threat to sue to get an environment impact report. He claimed that dogs digging in the park would release hazardous amounts of methane from the underlying dump – a claim belied by the fact that the dogs were futilely digging at gopher holes inhabited by gophers who were, wouldn’t you know it, completely unaffected by this great gaseous menace.  

I do think that something smells in all this, but it’s not methane or gasoline. It’s the stink of small-minded NIMBYism.  

Peter Moore 

Berkeley

Certain buildings on Shattuck Avenue define the historic character of downtown Berkeley and have changed little over the last 50 years. Old postcards are a wonderful source of historic images and downtown was a favorite subject of postcard publishers.  

The Shattuck Hotel, which occupies an entire block, has dominated Shattuck Avenue since it was completed in 1913. Designed by Benjamin G. McDougall, the block long, five-story building is Mediterranean Revival in style and has square corner towers, plaster siding and a tile roof. 

In the late 1930s postcard, pictured above, the hotel has balconies on its fourth floor, but they have since been removed. J. F. Hink and Son, a family owned department store, occupied the south half of the building from 1915-1985. This is the area now occupied by the Shattuck Cinemas.  

At the time this postcard was published, the Shattuck Hotel was called the Hotel Whitecotten, after the man who owned the hotel at that time. It was renamed Hotel Shattuck in 1942.  

In the distance is Berkeley's first skyscraper, the Chamber of Commerce Building, now Wells Fargo Bank. It was designed by one of Berkeley's most prolific architects, Walter Ratcliff, Jr. It is 11 stories tall and was the tallest building in Berkeley until the 13-story Great Western Building was constructed in the 1969.  

Shattuck Avenue has been the center for public transportation in Berkeley since 1876, the year Francis Kittredge Shattuck brought a Central Pacific spur line into Berkeley – the reason Shattuck Avenue is so wide. 

The two “islands” in the middle of the street, between Center Street and University Avenue, and Berkeley Place and Shattuck Square were the location of the early train stations and switching yards.  

In 1991, downtown Berkeley was awarded a Main Street Grant from the National Trust for Historic Preservation to encourage the revitalization of downtown and to enhance its historic early 20th-century character. 

Susan Dinkelspiel Cerny is the author of the book “Berkeley Landmarks” and writes this column in conjunction with the Berkeley Architectural Heritage Association.

Lala, the main character in Sandra Cisneros’ new novel “Caramelo,” clambers through her life’s journeys, as it twists and turns, like a free-wheeling road trip. Like Lala’s storytelling, the facts in “Caramelo” are based on real people from Cisneros’ life, but the “means for the end” are Cisneros’ own creations. The long-awaited second book from the author of the highly celebrated novel “The House on Mango Street” is a tale about a young girl who adroitly retells the story of her family and illustrates what it is like to be the youngest and only female among her siblings. 

What started out as a short story and mushroomed into a full-fledged novel of truths and half-truths, “Caramelo” is Cisneros’ way of telling the universal story of an immigrant, while celebrating her father’s life. Filled with comedic labeling of her family members, such as “awful grandmother” and “aunty light-skin,” Lala takes us along the corners of her Italian Aunt Ninfa’s spotless, “movie-star” house and on the never-ending car trips to their motherland, Mexico. “Caramelo” is not a just a story of Lala’s journey to becoming a woman, but a book filled with Mexican American history. 

“I didn't think I was going to be writing a history book,” explained Cisneros, “but in telling my father's story, I had to go back and look at how he became who he was. So I had to invent my grandmother's story and how she became who she was, so next thing I knew, there was a lot of tributaries from my main story, and footnotes, chronologies and things like that, that I didn't anticipate when I began.” 

The inquisitive Lala begins her tale as the forgotten element in a family photograph. Throughout the story, she is our invisible bird’s-eye view, providing us with vivid details of her family, her ancestors and their hilarious anecdotes. Often, Cisneros takes us off course as she paints the picture of Lala’s past, but we are eventually dragged back to the same themes of growth, family and identity. 

When her father reveals some shocking family truths, Lala is forced to understand what drives certain members of her family to be the people they are. We follow Lala as she tries to “fit in” amongst her American friends and when she falls in love with a young boy, Ernesto. Through all the trying times, Lala manages to climb out on top, with the help of the most unexpected person, her grandmother. 

“Caramelo” is made up of Cisneros’ trademark poetic flavor, with vignettes and poems spread throughout the book. Every scenario is described with sarcastic detail. We are instantly transported into the raw truth of Lala’s world. “Caramelo” is like a joke with a fabulously clever punch line. Cisneros skillfully incorporates Spanish words throughout the entire novel, so the read is not limited to merely Spanish readers and even, enhances the book, enabling readers of all nationalities to relate to its journeys. Cisneros’ writing has an immense impact on bringing the perspective of Chicana woman to the mainstream arena. 

“ I don’t think about it at all,” said Cisneros, “I just think that I’ve got to go to work everyday. I read the news every day, and I respond to the sad events that I see. I think about communities who don’t know each other. I want to build the bridge between my community and the other ones.” 

Although this will only be her second novel, the award-winning writer has composed a myriad of poetry and short story compilations, including acclaimed “Woman Hollering Creek.” She frequently dissects long-debated topics, such as feminism, gender roles and religion, within her writing. Her own influences include many journalists, activists and novelists such as Studs Turkel and Dorothy Allison.  

In the past Cisneros taught underprivileged high school students, and now she independently conducts writing classes for writers, teachers and librarians. When asked what she will be involved in in the future, she retorted, “Clean my house. For nine years, I have put everything into [”Caramelo”]; my house and offices are a mess. I have scraps of paper filled with ideas for short stories lying around everywhere.” 

“Every year I cross the border, it’s the same – my mind forgets, but my body always remembers.” Like Lala’s feelings about her family’s annual trips to Mexico, it is hard to forget the journey that Cisneros takes us down in “Caramelo.”

Saturday, Oct. 26 

Math Made Fun - math games. 

1:30 p.m. to 4:30 p.m. 

1 Centennial Dr. - Lawrence Hall of Science  

Free with museum admission 

Pumpkin Carving  

and Costume Making 

10 a.m. to 3 p.m. 

Berkeley Farmers' Market 

Center Street at  

Martin Luther King Jr. Way 

Free 

Emeryville Taiko’s Halloween Extravaganza 

7 to 8:30 p.m. 

1601A 63rd St. (near Hollis St.), in Emeryville 

Fun and games for kids with a Taiko drumming performance at 8:30. 

655-6392 

Kids $5 / adults $10 

Alzheimer’s Disease and the African American Community 

9 a.m. to 12:30 p.m. 

St. Paul AME Church, 2024 Ashby Ave. 

Join the Alzheimer’s Association for this informative morning. Continental breakfast included. 

Preregister: (650) 962-9644 

Free 

MSRI’s 20th Anniversary Celebration 

3 to 5:30 p.m. 

Valley Life Science Building, Chan Shun Auditorium, second floor, Rm 205O, UC Berkeley 

The Mathematical Sciences Research Institute celebrates its birthday with keynote speaker Sir Michael Atiyah. 

601-8700 

Halloween Spook Hunt 

1 to 5 p.m. 

Thousand Oaks School, 840 Colusa Ave. 

Costumes are encouraged at this treasure hunt. Best costume participates free. Meet at 1 p.m. at the park next to Thousand Oaks. 524-2166 

$7.50-$15 / Families $35 

Lawrence Hall of Science Family Halloween Party 

6:30 to 9:30 p.m. 

Lawrence Hall of Science 

A Halloween bash with magicians, mad scientists, wizards, and a demonstration of how to make an elephant mask. 

Reserve tickets in advance: 642-5134 

$8-$12 

The New School Halloween Bazaar 

10 a.m. to 4 p.m. 

1606 Bonita St. at Cedar 

Face painting, mask-making, children’s games, apple bobbing, and more. 

548-9165 

Free 

Strides to Provide 

8 a..m. to noon 

Oakland’s Lake Merritt 

Alta Bates Summit kicks off its first annual community walk, incorporating fundraising, health education, health screenings, and entertainment. 

Radio station KMEL will provide music. 

204-1167 

Gardening With East Bay Native Plants  

10 a.m. to 2 p.m. 

Ecology Center, 2530 San Pablo Ave. near Dwight Way 

Hands-on workshop touching on many aspects of “restoration gardening”. 

Reservations required: 548-2220 x233 

$15 Ecology Center members, $25 others. No one turned away for lack of funds. 

Sunday, Oct. 27 

Spirit Day 

11 a.m. and 5 p.m. 

Fourth Street and University Avenue 

Construct altars in a day of reflection. 

Free 

West Berkeley Arts Festival 

11 a.m. to 5 p.m. 

University Ave. between 3rd and 4th Streets 

Fun for the whole family, with local and international arts and crafts, the Berkeley Youth Chess league, Technomania Circus, live music and more. 

845-4106 

Monday, Oct. 28 

“Damming Hope: Plan Puebla Panama Comes to Guatemala” 

7 p.m. 

Trinity United Methodist Church 

2362 Bancroft Way 

Mayan leader Santos Choc discusses his community’s struggle in opposing the Usumacinta Dam. 

526-7177 

$8-$20 sliding scale / No one turned away 

Reviving the Lost Art of Conversation 

7:30 to 9:30 p.m. 

Berkeley-Richmond Jewish Community Center, 1414 Walnut St. 

Learn how to break the ice, establish rapport, build trust, and develop intimacy through conversation. 

848-0237 x127, $8 -$10 

Wednesday, Oct. 30 

Premiere of “Code 33: Emergency- Clear the Air” 

5 p.m. 

Oakland City Council Chambers, 1 Frank H. Ogawa Plaza, Oakland 

A one hour made-for-TV documentary on youth and public relations. Followed by a reception and refreshments. 

887-0152 

Berkeley City Council Forum 

7 to 9 p.m. 

Berkeley Hillel Foundation 

2736 Bancroft Way between Piedmont and College Avenues 

Candidates Gordon Wozniak, Andy Katz, 

Micki Weinberg, Kriss Worthington and others speak in this forum. 

839-2900 

Monster Bash 

6 to 9 p.m. 

Berkeley-Richmond Jewish Community Center, 1414 Walnut St. 

A singles celebration of an ancient Celtic end-of-summer observance, with a lavish feast of foods from the fall harvest. 

Register: 601-7247  

$25 / includes meal and cooking lesson 

Saturday, Oct. 26 

Lisa B. 

7 p.m. / Open mic sign-up 6:30 p.m. 

Berkeley Art Center, 1275 Walnut St. 

Presented by Rhythm & Muse. 

Free / donations accepted 

Kotoja 

Dance lesson 9 p.m. 

Show 9:30 p.m. 

Ashkenaz, 1317 San Pablo Ave. at Gilman 

Known in the Bay Area’s World Beat and Afro-beat scene, Kotoja features bandmembers from West Africa and America. 

525-5054 

$12 

Sunday, Oct. 27 

Larry Schneider 

4:30 p.m. 

Jazzschool, 2087 Addison St. 

Internationally performing saxophonist. 

845-5373 

$10-$15 

Turning Point: Sacred Music Before and After the Second Vatican Council 

4 p.m. 

United Christian Church, 2401 Le Conte Ave. 

Sacred choral music, sponsored by the Graduate Theological Union. 

(415) 431-4234 

Free 

Kazuhisa Uchihashi 

8:15 p.m. 

TUVA Space, 3192 Adeline at Martin Luther King, Jr. Way 

ACME Observatory Contemporary Performance Series presents this Japanese experimental electric guitarist. 

649-8744 

$0-$20 Sliding scale 

Monday, Oct. 28 

“Jazz, Blues, and Popular Music in American Culture” 

6:30 p.m. 

A Vista College class, with instructor/R&B legend Johnny Otis. 

Registration info: 981-2800 

Tuesday, Oct. 29 

Activate: DJ night 

10 p.m. to 2 a.m. 

Ashkenaz, 1317 San Pablo Ave. at Gilman 

An evening of DJs featuring drum n’ bass music. 

525-5054 

$5 

Wednesday, Oct. 30 

Courtableau 

Cajun dance lesson 8 p.m. 

Show 8:30 p.m. 

Ashkenaz, 1317 San Pablo Ave. at Gilman 

Veterans of the Bay Area Cajun/zydeco scene perform classic Cajun dance hall music. 

525-5054 

$8 

Thursday, Oct. 31 

Halloween Party with the Venusians 

8 p.m. 

The Venusians are a shamanic trance-dance septet known for their costume-laden, colorful performances. 

525-5054, $10 

Saturday, Nov. 2 

The Librarians with The Skyflakes and Plain White Ts, 9 p.m. 

Bear’s Lair 

2475 Bancroft Way, $5 / 21 and over 

Ceramics - Opening Reception 

Through Nov. 17 

3 to 5 p.m. 

A New Leaf Gallery, 1286 Gilman St. 

525-7621, Free 

“Hunger: What will you do about it?”  

Through Oct. 30  

Mon.-Fri., 9 a.m. to 5 p.m. 

The Civic Center Building 

2180 Milvia St., 5th floor 

Featuring 40 photographs  

by Berkeley artist David Bacon. 

834-3663,  

Ext. 338,  

uchanse@secondharvest.org 

“Recent Acquisitions” 

Through Dec. 14 

Thurs., Fri., and Sat., 1 to 4 p.m. 

Berkeley Historical Society, Veterans Memorial Building, 1931 Center St. 

848-0181 

Free 

Timoteo Ikoshy Montoya 

Through Nov. 1  

Gathering Tribes Gallery  

1573 Solano Ave.  

Acrylic/air brush paintings  

by this Native American artist.  

528-9038 

Threads: Five artists who  

use stitching to convey ideas 

Through Dec. 15, Wed.-Sun., noon to 5 p.m. 

Berkeley Art Center 

Live Oak Park, 1275 Walnut St. 

Information: www.berkeleyartcenter.org, 644-6893 

Free 

Alarms and Excursions 

Nov. 15 through 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 to $35. 

Saturday Nov. 9 

Dorothy Allison and Jewelle Gomez appear in support of Boadecia’s Books 

8 p.m. 

Northbrae Community Church  

941 The Alameda at Solano 

559-9184 

$25, sliding scale 

Saturday Nov. 16 

Alice Walker and Brenda Boykin 

appear in support of Boadecia’s Books 

8 p.m. 

Northbrae Community Church  

941 The Alameda at Solano 

559-9184 

$25, sliding scale 

“The Undead and the Living Dead” and Bela Lugosi’s “White Zombie” 

Oct. 24 through Oct. 30 

7:30 / 8:55 p.m. 

Fine Arts Cinema, 2451 Shattuck Ave. 

Double feature: Vampire film with musical score performed live on accordion by Rich Kuhns, followed by Bela Lugosi’s classic. 

848-1143 

$4-$9 

“Halloween” and “The Thing” 

Oct. 31 through Nov. 6 

7:30 / 9:20 p.m. 

Fine Arts Cinema, 2451 Shattuck Ave. 

Nightly double feature. 

848-1143 

$4-$8 

Sunday, Oct. 27 

“Last Chance for Eden” 

1 to 4 p.m. and 6 to 9 p.m. 

Berkeley-Richmond Jewish Community Center, 1414 Walnut St. 

Directed by Lee Mun Wah, the award-winning director of “The Color of Fear”, “Last Chance for Eden” explores personal pain and anguish caused by racism. 

848-0237 x0, $10-$15 

Benefit screening for “Bums’ Paradise”  

8 p.m. screening followed by party with live music from Marc Black / Funky Sex Gods 

Ashkenaz, 1317 San Pablo Ave. 

Film explores the story of the homeless men and women who turned the former Albany Landfill into a community. 

525-5054 

Sliding scale / All welcome 

“Behind the Bandbox” 

2 to 4 p.m. 

Pacific Film Archive Theater, 2575 Bancroft Way 

This raw, controversial film, directed by Claire Bunch, spans ten years in the lives of three Berkeley street survivors. 

849-0153, Free 

Sunday, Nov. 3 

“Focus”, 2 to 4:30 p.m. 

Berkeley Richmond Jewish Community Center, 1414 Walnut St.  

William H. Macy stars in this early 1940’s period piece. 

848-0237 

$2 donation

Tell Pinole Valley we’re coming for them!” 

Berkeley High’s war cry for the 2002 season has finally come to fruition after the Yellowjackets stomped Richmond High, 61-0, on Friday night to set up a meeting of Alameda-Contra Costa Athletic League undefeateds. 

Berkeley (7-0 overall, 4-0 ACCAL) gained 409 yards to the Oilers’ 58 and didn’t allow Richmond past midfield in their most dominating win of the season. Five different Yellowjackets scored touchdowns, including three each from senior Sean Young and sophomore Antoine Cokes, while quarterback Dessalines Gant threw three touchdowns in the rout. 

There’s little question the Berkeley players were looking past Richmond toward the matchup with Pinole Valley High, and it’s tough to blame them. The Oilers came into Friday’s game winless at 0-6 and without their starting quarterback and running back, leaving them with even less firepower than usual. The result was predictable: lots of runs up the middle and punts and very little resistance on defense.  

Berkeley scored on its third and seventh plays from scrimmage and averaged more than 10 yards per rush. The lightning-fast Young scored the first two times he touched the ball, while Cokes found the end zone on his first three runs. Berkeley led 42-0 at halftime and only a running clock in the second half kept the score from getting even more out of hand. 

“We expected to dominate them because they’re Richmond,” said Cokes, who finished with a game-high 81 rushing yards on just four carries. “We knew they weren’t very good.” 

The most encouraging sign for Berkeley was the play of Gant, who threw five interceptions in last week’s overtime win over Hercules High. The senior put up his most impressive performance yet against Richmond, completing 7-of-12 passes for 149 yards and no interceptions, numbers that could have been better if not for three drops by his receivers. For a player without much game experience (Gant has started just four games for Berkeley), a good outing just before a showdown for the league title was crucial. 

“Dez played very well tonight,” Berkeley offensive coordinator Clarence Johnson said. “He played under control, but he was aggressive and not afraid to make mistakes. The best thing we have is our speed, and he used it tonight.” 

Gant was cautious after the game, aware that he hasn’t faced a defense like Pinole Valley’s. 

“We’ll see how I do next week,” he said. “That will be what decides whether I’m good enough. But if I can play like I did tonight, we’ll do well.” 

While the Yellowjackets were understandably jubilant after their domination of Richmond, their next game was all anyone wanted to talk about. Berkeley hasn’t beaten Pinole Valley in six years, and the Spartans won last year’s game and the ACCAL title with a second-half comeback. 

“Pinole Valley is a really good team, and it’s a big matchup,” head coach Matt Bissell said. “We’ve been looking forward to it since they knocked us out of the playoffs last year.” 

“We’re ready for Pinole Valley, physically and mentally,” said Robert Hunter-Ford, who caught Berkeley’s second touchdown and recorded a sack. “I guarantee we’ll stop them this year.” 

Berkeley defensive coordinator Ron Moore, an emotional coach who has been repeating the Jackets’ mantra of “Tell Pinole Valley we’re coming for them!” all season long, expects a defensive battle, and he thinks his players are ready for just such an occasion. 

“I feel confidence in my defense against anybody,” Moore said. “As long as I have my core players, we can face anybody.” 

The Berkeley-Pinole Valley game will be at Pinole Valley High School at 7 p.m. on Friday.

Berkeley’s not insulated from the nationwide surge in hate crimes reported since Sept. 11, 2001. And so, the city sponsored a Thursday-evening forum “A Community Dialogue to Prevent Hate Crimes.” 

While light attendance was probably due to a simultaneous mayoral forum and the World Series, about 35 residents and 15 city employees, including a number of police officers, were on hand. 

Calling hate crimes “ugly” and “brutal,” City Manager Weldon Rucker said police have documented 38 hate crimes this year and 51 since Sept. 11. The rising numbers – just 14 such crimes were documented in 1994 and 10 in 2000 – are a combination of growing sensitivity to the notion of hate crimes and an actual increase in these crimes, Rucker said. 

“The community needs to report hate crimes to police,” Rucker said. This point was underscored several times during the evening. 

Formal speakers included Chris Lim, associate superintendent with the Berkeley schools. Lim emphasized the importance of “a safe learning environment,” and said the district is targeting not only hate crimes, but also “the increase in bullying-type behavior.” 

A number of residents described their experiences.  

Marisa Saunders, an African American woman, talked about receiving hate mail, after helping to conduct a workshop on racism. “They didn’t know me,” Saunders said, asserting that the expression of hate was the letter-writers’ “own fear.” 

A Muslim woman wearing a traditional veil talked about a hateful incident that happened to her when she was driving on a relatively isolated road in the Oakland hills. A teen-ager pulled up beside her and yelled out, “What makes you think you can bomb buildings?” 

“It was very frightening,” she said, noting the irony in the fact that she was born in Chicago, that her father’s ancestors “came over on the Mayflower,” and that her mother’s family has been in the United States for three generations. “The idea of bombing a building has never occurred to me,” she said. 

It’s not always easy to define a hate crime, said Aftim Saba, a Palestinian-American. Saba talked about the confusion in some people’s minds between political speech and hate crimes. “Some people are trying to attack political discourse” as anti-Semitic, he said. 

When some people say that U.S. taxes are supporting Israel’s occupation of Palestine and contributing to the death of Palestinian children, they are condemned as if they have spoken out against Jewish people; in fact, they are opposing actions of the state of Israel, he said. “If I condemn the actions of the Chinese government in Tibet, it doesn’t mean that I’m anti-Chinese.”  

Others underscored that racism can be black against white, as well as white against black. 

While Frank Gorucharri had a story of homophobia to share, he also lauded the community and police department response to the crime. Gorucharri is the director of the Pacific Center for Human Growth, an agency that supports gay, lesbian, bisexual and transgender people and those who are questioning their sexuality. 

He told the gathering that when he got to work on Oct. 7, he found that someone had used a black marker to write “fags” on a flier posted outside the center. He said it was the first such incident he’d experienced in the six years since he’d been the agency’s director. 

He then reported the crime: “I called the police department and it makes me so appreciative of being in this city,” he said. The beat officer showed up very quickly, then a supervisor, then a police photographer to document the evidence, he said. “It was a nice, professional human experience.” 

The next day the Daily Planet ran a story about the incident, he said, and as a result, he got calls from public officials on the local and state level and supportive responses from the community.  

Saba then pointed to the recent 17-year-old Newark murder victim, born as a male and living life as a female and called attention to the critical importance of finding solutions to hate crimes. “We really need to look at the hate that divides us and hurts us,” he said. 

To get a copy of the minutes of the meeting and for information on follow-up meetings, call Arrietta Chakos in the city manager’s office at 981-7000.

To the Editor: 

I’d like to set the record straight for those concerned about the city of Berkeley’s space weapons resolution, which bans space weapons above city limits, as being “embarrassing.” (Forum, Sept. 21-22) 

Personally, I’d rather “cede the space above my head” to the harmless little old city of Berkeley, whose statement is obviously only a symbolic gesture meant to call attention to the intentions of weapons corporations like Lockleed Martin, who actually have the right to, and plan to, put nuclear weapons in the space above our heads. 

Vivian Warkentin 

Berkeley 

DETROIT — No need to worry. 

All of the ingredients that made “American Idol” this summer’s television sensation appear to be in place for next year’s second installment. 

Acid-tongued British record producer Simon Cowell is back as a judge, as are singer-dancer Paula Abdul and industry veteran Randy Jackson. Los Angeles-based radio disc jockey Ryan Seacrest will return as host. 

However, a few tweaks became known Friday as the three judges and Seacrest took time out from judging talent in Detroit. Auditions started Monday. Detroit was the first of seven cities where auditions are being held.

SEATTLE – Junior Melissa Bennett assisted on both Washington goals Friday, including Jaime Carstensen’s 75th-minute tally that lifted the 25th-ranked Huskies to a 2-1 upset of No. 7 Cal.  

Washington (8-4-3) remained undefeated in Pac-10 play with a 3-0-1 conference record. Cal (9-5-1) dropped to 2-3 in conference action.  

The Golden Bears opened the scoring four minutes into the game on freshman Dania Cabello’s first goal of the season. Laura Schott dribbled down the right wing and tapped a pass to Cabello, who veered to the center of the box and fired a shot into the lower left corner from 15 yards out.  

Sophomore Nicole Martinez netted the equalizer for the Huskies, scoring on a seven-yard boot during a scramble in front of the goal mouth. Bennett served a corner kick into the box to set up the goal in the 24th minute.  

The teams battled through 50 scoreless minutes before Washington converted another corner kick opportunity for the game winner. Bennett crossed a ball to the far post where Carstensen headed it in from eight yards away. Carstensen is tied for third among UW scorers with five goals.  

Bennett continued her prolific playmaking, increasing to 16 her school-record assist total. The Seattle Christian High School product ranks third nationally and has 10 more assists this season than any other Pac-10 player.  

“You can’t get assists if your teammates aren’t scoring,” Bennett remarked. “I’ve been fortunate that my teammates are finishing real well when I pass to them.”  

Senior goalkeeper Hope Solo, the 2001 Pac-10 Player of the Year, registered two saves for Washington. Sani Post had six saves for Cal which was outshot by an 11-6 margin.

It seems like a simple story line: upstart UC Berkeley student Micki Weinberg takes on progressive powerhouse Kriss Worthington in a long-shot bid for the District 7 City Council seat. 

But the race, in the southeast Berkeley district, has become a fiery contest over affordable housing, the moderate-progressive divide in city politics and a controversial fundraising letter that claims Worthington “has a history of siding with anti-Jewish and anti-Israel forces.” (See sidebar.) 

Worthington, elected to City Council in 1996, is a staunch progressive who battles with Mayor Shirley Dean and the moderate minority on the City Council on a weekly basis. 

Weinberg, like several challengers in this campaign season, has been critical of the “petty factionalism” on the council and lays much of the blame with Worthington. 

“I could be a more unifying character,” said Weinberg, an 18 year-old sophomore. 

But some pro-Palestinian students, who have clashed with Weinberg on campus over the conflict in the Middle East, paint a different picture. 

“I don’t think he’s a unifying student leader,” said Hoang Phan of Students for Justice in Palestine. “He would be at the front (of demonstrations) yelling at students merely for holding ‘peace in the Middle East’ signs.” 

Weinberg counters that he has worked well with other members of Students for Justice in Palestine and said he is currently helping put together a film festival that will showcase both Israeli and Arab films. 

Worthington, for his part, said Weinberg’s criticisms over City Council factionalism are misguided. He acknowledges the obvious – the bitter quality of his feud with Dean – but says that issues are at the root of the battle. 

“Although there’s an unnecessary level of personal acrimony and activism, primarily there are serious policy differences between us,” he said. 

Only by doing battle with the moderates, Worthington argues, has he been able to win transit passes for city employees and an annual deposit of $1 million in city funds, reduced to $600,000 in the midst of the recent recession, to the city’s Affordable Housing Trust Fund. 

But, despite Worthington’s work on the trust fund, Weinberg argues that the incumbent has not done enough on affordable housing, citing a list of housing projects including low-income units that Worthington voted down. 

Worthington calls Weinberg’s charges absurd, arguing that he voted against only a handful of projects because they did not include proper environmental review or misused public funds. The incumbent said he has voted for many projects that provide affordable units. 

Weinberg insists that he would remain outside the moderate-progressive divide on City Council if elected, but he has received the backing of Dean and council moderates Betty Olds and Miriam Hawley. 

Dean said Weinberg will not march in “lockstep” with the moderates if elected and said she expects to disagree with Weinberg on several issues. But, she said she is backing the student because “he’s a bright young man” and, if elected, could create a council that works better than the current panel. 

But Councilmember Dona Spring, a progressive and Worthington ally, said the election is a “no-brainer.” 

“Kriss Worthington is by far the most qualified person to serve,” Spring said, arguing that Worthington is a tireless worker who has become one of the most-respected progressive leaders in the East Bay. 

“Micki Weinberg is wet behind the ears,” she said. “He has been barely involved in Berkeley politics.” 

But Weinberg said he would bring a valuable, missing perspective to the council – that of a student. 

Weinberg said students make up 30 percent of Berkeley’s population but have zero representatives on City Council. 

“I want to put an end to that statistic,” he said. 

Worthington, though, counts dozens of student appointments to city commissions among his primary accomplishments and said he has helped to register thousands of student voters. 

Contact reporter at 

scharfenberg@berkeleydailyplanet.net

To the Editor:  

I read the article regarding the Rent Stabilization Board (Daily Planet, Oct. 18). The article makes reference to a recently passed “rule that any roommate added within 30 days after the signing of a lease must be placed on the lease.” This is not the case. 

When the landlord initially rents a rental unit to a tenant and authorizes more than one tenant to occupy the unit, but fails to place the name of more than one tenant on the lease, all tenants who occupy the unit within one month, with permission of the landlord, express or implied, shall be considered to be original occupants. I am concerned that the interpretation of the article might mislead tenants into thinking that their landlord must add them to the lease and, thus, create other problems as far as tenant/landlord relations.  

Darcy Jojola 

Rent Stabilization Board 

Berkeley 

LOS ANGELES — Hollywood has long stereotyped Hispanic women as spitfires, bombshells and maids. 

It responded no differently to Salma Hayek, who packed two suitcases and moved to Los Angeles from Mexico City on a whim in 1991, leaving behind a budding career as a soap-opera star. The struggling actress got one of her first breaks as a scantily clad vampire who tackles an enormous python in Quentin Tarantino’s “From Dusk Till Dawn,” in 1996. 

“I am not the kind of person that wants to sit down and whine about something,” Hayek said of her determination to find strong roles for Hispanic actors. “Instead, I want to get up and make an effort and do it myself.” 

She took inspiration from one of her heroes, Mexican painter Frida Kahlo, who defied convention throughout her life. For eight years, Hayek nurtured a movie project based on Kahlo’s life. 

“Frida,” which opens in New York and Los Angeles on Friday, is one of the most high-profile Hispanic-themed movies in years. 

Hayek stars as Kahlo — the most challenging role of her career — and is one of the film’s producers. She said she hopes it will help create more visibility for Hispanics in Hollywood.

When Cal has the ball 

The ground game 

The Bears’ two-headed tailback may finally be a reality this week. With starter Joe Igber running well and backup Terrell Williams finally healthy, Cal has two backs capable of breaking big gains and pounding on a defense. Oregon State will answer with one of the best linebacking corps in the nation. Cal head coach Jeff Tedford calls middle linebacker Richard Seigler one of the Pac-10’s two best defensive players, but outside backer Nick Barnett is leading the conference in tackles with nearly 10 per game. Good lead blocking from fullbacks Chris Mandarino and Panu Faumuina will be key to keeping the Oregon State duo off of Igber and Williams. 

In the trenches 

The Beavers’ big gun up front is tackle Eric Manning, who both Tedford and Kyle Boller compared to Warren Sapp. Manning will likely see double-teams by guard Jon Geisel and center Ryan Jones, which could open blitzing lanes for the Beavers. Sophomore end Bill Swancutt has 4 1/2 sacks for Oregon State but will face off against Cal left tackle Mark Wilson, who has been consistently excellent this season. 

Taking to the air 

Oregon State’s cornerbacks play press coverage nearly every down, so the Cal receivers’ ability to get off the line and into the pass pattern will be the key to offensive success. Look for Boller to avoid throwing at Dennis Weathersby, who is perhaps the best defensive back in the conference. The Beavers’ aggression could mean some big plays if Boller has time to throw. Tight end Tom Swoboda is having an outstanding season and will be key; if he can make some catches early and force the Oregon State linebackers to lay back in coverage, it will open up the field. 

When Oregon State has the ball 

The ground game 

Oregon State’s offensive line’s disarray has clearly affected the running game, as the Beavers haven’t rushed for more than 93 yards since left tackle Brian Kilkenny went down three games ago. Tailback Steven Jackson is a talented, shifty runner, evidenced by his 227-yard day against Fresno State. He’s the Pac-10’s second-leading rusher, almost solely based on his first four games. If the Beavers can get their line sorted out, Jackson is capable of big gains.  

In the trenches 

Kilkenny’s absence has forced left guard Mike Kuykendall to shift over to tackle, weakening two positions. Cal pass-rush specialist Tully Banta-Cain will be licking his chops in anticipation playing against an inexperienced left side, and the Bears’ depth on the defensive line should wear down the Beavers late in the game. Look for a big push in the middle from the Cal defensive tackles, which should stunt the Oregon State running game. Sophomore Lorenzo Alexander will probably see plenty of action with Josh Beckham hampered by a sore ankle, and Alexander has been coming on lately. 

Taking to the air 

OSU quarterback Derek Anderson started the season on fire, throwing 15 touchdowns and just one interception in his first four games as the starter. But Pac-10 play has proven more difficult, as Anderson has thrown five picks in his last two games and the Beavers have struggled. Those growing pains will likely continue against the Bears, who have excelled at pressuring the passer this season. Anderson does have some talented wideouts, led by James Newson, and the Beavers’ spread formation can create chaos. Given time to throw, Anderson could have success against the depleted Cal secondary. 

City Councilmember Kriss Worthington, up for re-election in November, is denouncing a mysterious letter that accuses him of “siding with anti-Jewish and anti-Israel forces” and calls on Berkeley residents to donate to the campaign of his opponent, UC Berkeley student Micki Weinberg. 

Weinberg said he had nothing to do with the letter and argued that Worthington is using it to distract from the critical issues in the campaign – safety and affordable housing. 

The letter, dated Oct. 7 and distributed via e-mail, purports to come from four prominent community members, Noah Alper of Noah’s Bagels, attorney Paul “Buddy” Warner, Lois Marcus and UC Berkeley Professor of Hebrew and Comparative Literature Robert Alter. 

Alter, reached by the Daily Planet Friday, said he had never agreed to sign the letter and does not know who affixed his name to it. 

“The only letter I signed was about a month ago – a more general letter of support of Micki Weinberg that didn’t include his opponent,” he said. “I don’t know who wrote the letter.” 

Alter said the use of his Hebrew name, Uri, in the letter is evidence that he did not sign it because he does not use his Hebrew name in public pronouncements. 

Calls to Warner and Marcus Friday were not returned by press time. The Daily Planet could not find contact information for Alper. 

The letter opens by discussing the recent vandalism of Berkeley Hillel, a center of Jewish cultural life on the UC Berkeley campus and attacks on Jewish community members. 

The letter does not tie Worthington to the vandalism, but says he has a “history of siding with anti-Jewish and anti-Israel forces.”  

The letter cites a resolution that Worthington brought to City Council calling on authorities to drop criminal and university discipline charges against pro-Palestinian students who took over UC Berkeley’s Wheeler Hall in April. It also discusses a vote against an environmental report for the new Beth El synagogue. 

“This November will be a decisive election that will determine the future policy of Berkeley towards Israel and expressions of anti-Semitism,” the letter concludes, asking for donations to Weinberg’s campaign. 

Worthington said the letter distorts his record. He said the letter implies that he has done nothing in the face of anti-Semitism in Berkeley when, in fact, he authored hate crimes legislation and took part in a campus demonstration supporting a Jewish student who was an alleged victim of a hate crime. 

Worthington said he wrote the resolution supporting the pro-Palestinian students because he felt they were being treated differently than previous protesters. His vote against the Beth El environmental report was rooted not in opposition to the synagogue, he said, but in a concern that the temple’s parking lot plans would prevent an underground creek from ever being surfaced. 

Alan Kay, a Jewish neighbor who raised concerns about the Beth El plans, attacked the fund-raising letter and defended Worthington in a statement read during a Thursday night campaign event on the issue. 

“We reject entirely the implication that taking a position on a local land use issue involving a synagogue constitutes anti-Semitism, whether one is a Jew or a non-Jew,” he said. “And we condemn, in the strongest possible terms, those who would lend their names to this despicable attempt at demagogery and hate campaigning.” 

Other Jewish and African-American community leaders condemned the letter and defended Worthington at the Wednesday event. 

But Weinberg attacked Worthington for supporting the pro-Palestinian protesters who took over Wheeler Hall, arguing that the occupation was deeply disrespectful because it came on Holocaust Remembrance Day. 

Contact reporter at 

scharfenberg@ 

berkeleydailyplanet.net

To the Editor: 

Having recently had the good fortune to vacation in Italy, I feel compelled to weigh in on Measure P, the height initiative. In Italy, I was amazed by how beautiful the cities and towns were. The buildings formed stunning outdoor rooms and corridors where people were out walking, sitting and interacting with one another. The architecture was interesting and the spaces were well laid out. Markets and cafes at the street level were bustling with people, and the food was fresh and delicious. And guess what folks – the buildings were five to seven stories tall, even in the small towns. Sometimes the walkways between buildings were only eight feet wide. Despite the height, these places were gorgeous! 

These cities and towns were not full of wind tunnels and tragically cold shadow zones, as the Measure P proponents would have you believe is the inevitable result of taller buildings. Was there an occasional breeze or shady side of the street? Of course there was. The sun moves across the sky, the wind blows – this is planet Earth after all.  

I would never presume that, if Measure P is defeated, Berkeley would suddenly turn into an Italian hill town. However, I can hope that someday, with the help of talented city staff members, tireless commissioners, board members, council members, skilled designers, concerned citizens and creative developers, Berkeley can take on the characteristics of the Italian towns I visited. 

Berkeley residents want and deserve a city that is oriented toward pedestrians, filled with beautiful buildings, capable of housing its working people, and served by efficient public transportation. Development of these features will require a great deal of cooperation, flexibility, creativity and patience.  

In contrast, Measure P’s divisive, reactionary, and restrictive height limits will effectively freeze Berkeley in two-story limbo, never letting us out of our plywood and stucco boxes to shape a city with the elements that make Italian cities beautiful and livable. 

Aran Kaufer 

Berkeley 

MERCED — On a remote foothills site marked by seven years of determination and controversy, Gov. Gray Davis inaugurated a 10th University of California campus Friday. 

The University of California, Merced, campus is the state’s first since the University of California, Santa Cruz opened in 1967, and will serve the San Joaquin Valley. 

“You had a dream. You would not surrender the dream. ... You were not going to take no for an answer,” said Davis, who committed more than $230 million to the UC Merced campus over three years, despite its potential threats to endangered species and doubts inside the UC system about funding a new campus. 

“My administration has worked with you like a laser beam to make sure this campus got underway,” Davis said. 

University officials now promise UC Merced will host major research on the Sierra Nevada and world cultures in one of the state’s fastest-growing regions. The San Joaquin Valley is home to 3.5 million residents between Stockton and Bakersfield. 

More than 1,000 people attended the inaugural event on a former golf course three miles northeast of Merced, launching an eventual 900-acre campus expected to open with its first 1,000 students in 2004 and grow to 25,000 by 2030. University of California regents picked the site near the city of 60,000 people in 1995 over competing proposals from Fresno and Madera County. 

Friday’s ceremony was held in a tent within sight of a field of grazing cattle. 

“Our new campus, UC Merced, will help keep the promise California made to its citizens in 1868,” said Carol Tomlinson-Keasey, founding chancellor of the fledgling campus. “We will transform the lives of the next generation.” 

Tomlinson-Keasey thanked the donors of $30 million in private contributions to the campus and $4.5 million in scholarships. 

The event, originally scheduled for May and delayed because of environmental lawsuits, followed a pair of recent legal victories in Merced County Superior Court and the 5th District Court of Appeal in Fresno allowing construction to begin on the campus’ first 100 acres. That first phase includes classrooms, an office building, library and student housing. 

Further construction depends on a permit from the U.S. Army Corps of Engineers. The agency is considering whether to allow the campus onto wetlands where vernal pools are home to endangered fairy shrimp and serve as feeding grounds for migratory birds. 

Officials from Merced County and the 134-year-old university system expressed confidence Friday that they’ll receive the permit. 

The state has already committed $30 million to preserve more than 20,000 acres of vernal pool habit to offset the campus’ environmental effects. The David and Lucile Packard Foundation contributed another $11 million last year, alongside $2 million from the William and Flora Hewlett Foundation to preserve another 5,000 acres next to the campus. 

The university, opening several miles beyond city limits, is expected to spur housing and commercial development for another 30,000 people in addition to those housed on campus. 

Friday’s ceremony followed a Wednesday blessing on the site by American Indians from several area tribes asking Mother Earth for permission to build the campus. 

The UC system graduates about 40,000 students a year.

Bill Beasley has had guns drawn on him twice: once by the Los Angeles Police Department and once by the Ku Klux Klan. But in four decades of civil rights activism, antiwar protests and gay pride celebrations, Beasley has never backed down in his fight for justice and basic human rights. 

To honor this commitment, his friends and colleagues are honoring the 64-year-old African American with a birthday celebration at his south Berkeley home on Sunday.  

Beasley was born in Atlanta in 1938 and came of age during the Civil Rights Movement, spearheaded by Atlanta's own Martin Luther King, Jr. Beasley was acquainted with the late leader, but was even more familiar with King's brother A.D., for whom he worked as a driver.  

It was with A.D. King that Beasley first faced an intimation of mortality. During a lunch counter sit-in, the black diners were refused service. “They told us we had to leave or else we were going to get shot,” said Beasley. King told the thugs that they'd better make it fast and quick, to which Beasley responded, “speak for yourself!” 

“We were faced with a great deal of danger in the Civil Rights movement and the Gay Rights movement,” explained Beasley. “I knew there was the possibility of getting shot and dying, and at one time I just resigned myself to being a martyr.” 

Beasley witnessed such martyrdom firsthand in both the Civil Rights Movement and his involvement with the Black Panthers. He supported the Panthers, but now is saddened by some of the means they used. “There's still a lot of work to be done in society, but tactics have to change. People have to understand that a lot of tactics the Panthers used led to the killing of so many beautiful young people. If they were here today, they'd be leaders,” he said.  

Beasley laments the loss of Huey Newton, a Panther who is no longer around. “He had a very intelligent mind about struggle, “said Beasley. “He was a very impressive man.” 

After moving from Atlanta to St. Louis and then Los Angeles, Beasley came to Berkeley in 1965, and has lived here since. He has also concentrated his efforts in the gay community, serving for many years on the board of San Francisco's Pride Committee until a stroke sidelined him last year.  

“I was a gay man who always believed in people being who they are,” he said. He worked in establishing Gay Pride parades in Los Angeles and San Francisco, and has made a definite impact on the next generation.  

“He's played a key role in shaping my adult life in terms of getting involved in the queer community,” said Berkeley resident Joshua Smith, who is now also a board member of the San Francisco Pride Committee. “This celebration is a chance to recognize him, because he played a key role in who I am today.”  

Berkeley City Councilmember Kriss Worthington, who met Beasley more than a decade ago, spoke of his mentoring role. “He's somebody who has put a lot of his time into quietly nurturing young people in the coming-out process,” said Worthington. “He's been a role model in how to address homophobia and racism and how to fight both with dignity.”  

Beasley has also lent a piece of his property to the Berkeley-based Strong Roots organization, a community gardening project that encourages youth to put their energy into nurturing the soil. And he sees hope in the current generation and the new wave of antiwar rallies. “This generation is doing what needs to be done, keeping issues in the limelight,” he said. “They're right on key.”

Pedestrian safety sting 

Police issued 29 citations for failing to yield to a pedestrian during a pedestrian right-of-way enforcement operation at the intersection of Shattuck Avenue and Virginia Street Thursday morning. Since July, police have performed nine operations resulting in 265 pedestrian safety citations. 

Sorority house attacked 

The sisters of a sorority on the 2300 block of Piedmont Avenue were the victims of multi-pronged attack early Thursday morning. According to police, suspects inserted a long cardboard tube into the house through which they transferred mice, cockroaches and a snake into the kitchen area, scaring the housekeeper and the cook. Later the house was struck with eggs and dog food. Police have no suspects. 

OAKLAND — A spokesman for the Oakland Police Department Friday identified a man police say was shot Thursday night as he sat in his car, bringing the city's homicide tally to 92 victims this year. 

Police found Joseph Mabrey, 36, of Hayward, suffering from gunshot wounds in his blue BMW at 11:50 p.m. in the 3200 block of Storer Avenue, said Sgt. Arturo Bautista. 

Highland Hospital pronounced Mabrey dead at 12:25 a.m. Friday. 

Bautista reports that police have no motive or suspects.

Bad news for grape growers 

SANTA ROSA — Most of the Napa and Sonoma winegrapes have been sold, but Mendocino and Lake Counties still have about 5,000 tons of grapes left on the vines. 

A slowdown in wine sales and a grape glut resulted in low prices for grapes, and resulted in some not selling at all. Wineries bought grapes from Napa and Sonoma for prices as much as 50 percent to 75 percent below what they paid in 2001. 

While this year’s surplus was bad news for grape growers, consumers are expected to benefit from good quality grapes at low prices. 

“With this harvest, there’s a huge inventory of high-quality wine,” said Charles Barra, a Mendocino County grower and owner of Redwood Valley Cellars. “It will be a benefit for consumers because it means great wine at lower prices.” 

The grape surplus comes as a result of 20,000 acres of new vineyards planted in the 1990s coming into production at a time when wine sales are slowing because of the depressed economy. 

Ice cream shop robbery 

VACAVILLE — The Vacaville Police Department is investigating the robbery of an ice cream shop that occurred at 9:30 p.m. Thursday. 

The suspect entered the Baskin Robbins at 812 Alamo Drive and demanded the cash in the register, but did not display any weapon, police say. 

After the cashier complied with the demand, the suspect took the cash and ran north on El Camino Drive. No vehicle was seen near the ice cream shop, police say. 

Police describe the suspect as a white male, approximately 30 years old, 6 feet 2 inches, 200 pounds, who was last seen wearing a puffy black jacket and a black camouflage baseball cap. 

Any citizen with information regarding this crime is encouraged to call the Vacaville Police Department at (707) 449-5200. 

Sunnyvale man pleads guilty  

to avoid life sentence 

SAN JOSE — To avoid life in prison, a Sunnyvale man pleaded guilty to molesting three young girls, including a high school freshman who shot herself after leaving a suicide note incriminating him. 

Richard Stone, 65, agreed to a 14-year prison term Thursday, just weeks after authorities discovered a page-long love letter to Sarah Van Cleemput, 14, of Sunnyvale. 

“I had promised you and myself that I would never touch you again,” Stone wrote to the girl in November 1999. “Sarah, my beautiful darling, I know that I made that promise. But I cannot trust myself to keep it. If another opportunity like that happens again, I will kiss you passionately.” 

Stone was arrested in May, but before finding the letter prosecutors had been worried about proving the case since the victim was dead. Stone also molested two other girls, including a 12-year-old who had said she felt nervous about testifying.

Suit filed against state 

UKIAH — A group hoping to end logging in the Jackson Demonstration State Forest has sued the state, saying the environmental impact report for the forest was inadequate. 

The Campaign to Restore Jackson State Redwood Forest and the Forests Forever Foundation filed the suit against the state Department of Forestry and Fire Protection on Thursday in Mendocino County Superior Court. 

The suit claims the environmental impact report for the forest and the management plan that was based on it do not comply. 

Mailing company and manager plead guilty 

SANTA ANA — An Orange County mailing company and one of its managers pleaded guilty to federal charges in a multimillion-dollar scheme to defraud the U.S. Postal Service. 

Master-Sort Inc. and production manager Jayprakash Dhanak, 51, of Anaheim Hills, entered the pleas to mail fraud on Thursday during a hearing before U.S. District Judge David O. Carter. 

Master-Sort, which presorted mail for other companies and earned refunds based on the amount of metered and permit mail it handled, agreed to repay the $3 million.

SAN FRANCISCO — An environmental group has filed papers in a federal court here to intervene in the California Farm Bureau Federation’s most recent suit against the U.S. Environmental Protection Agency to extend the exemption of farms from air quality regulations. 

The Earthjustice Legal Defense Fund filed documents in the 9th U.S. Circuit Court of Appeals on Thursday, saying the agriculture industry needs to be regulated to help cut down pollution in Central California, which has one of the dirtiest air basins in the nation. 

The 95,000-member Farm Bureau has been fighting air regulators since May after the EPA settled a lawsuit with environmental groups to hold farms accountable for pollution from diesel water pumps and animal waste. Farms have had an exemption from air pollution regulations for 26 years. 

The Farm Bureau wants the exemption continued another three years so more scientific studies can determine how much pollution farms create. 

Much of the state’s agriculture would be unaffected by the new regulations, the EPA said. Large farming operations, such as dairies with thousands of cows or farms with many large diesel water pumps, would have to file for a federal air permit. 

Two weeks ago, a federal judge dismissed the Farm Bureau’s lawsuit challenging the EPA’s final decision on the settlement with environmental groups, saying the agency’s ruling had not been officially published yet. 

The Farm Bureau filed a new suit last week, challenging the EPA’s final decision published in the Federal Register.

NEWARK — To family members, Eddie “Gwen” Araujo was a struggling but beloved teenager whose killing, allegedly committed in a fit of homophobic rage, is a private sorrow. 

To transgender activists, Araujo represents the 25th victim since last November, by their count, of violence against people who don’t fit traditional gender molds. 

Both groups mourned Araujo at funeral services Friday. 

“Angels don’t have a gender and he’s my angel now. I know that he’s safe somewhere where no one can hurt him,” said Araujo’s mother, Sylvia Guerrero, speaking to hundreds of mourners at St. Edward’s Church. 

Araujo, 17, was beaten and strangled at a house party on Oct. 3. Police say three men attacked him after discovering the beautiful blonde they knew as Lida was biologically male. 

Two weeks later, one of the men led officers to Araujo’s body in a shallow grave in the Sierra foothills about 150 miles east of San Francisco. One defendant has pleaded innocent while the other two have not yet entered pleas. All three face charges of murder as a hate crime.

SAN FRANCISCO — A federal appeals court on Friday overturned laws in San Francisco and Santa Monica that ban certain ATM fees charged by banks. 

The 9th U.S. Circuit Court of Appeals, in upholding an earlier judge’s ruling, said only the federal government, not local voters or city councils, may create such regulations. 

The San Francisco-based appeals court ruled that federal banking regulations adopted by Congress allow banks to charge fees for ATM usage. That being the case, the City Council of Santa Monica and San Francisco voters had no authority to approve identical laws in 1999 banning a bank from charging an ATM fee to a customer not a member of that bank. 

“We find that the ordinances are pre-empted by federal law and regulations and thus invalid,” Judge Joseph T. Sneed wrote in his ruling. 

Leland Chan, a lawyer for the California Bankers Association that challenged the rules, said the court made the right decision. He called the rules contrary to free-market capitalism. 

“Can you imagine voters telling Intel how much to charge for its chips?” he asked. 

The 3-0 decision upholds U.S. District Judge Vaughn Walker, the San Francisco federal judge who blocked the ordinances from being enforced at the request of Bank of America, Wells Fargo Bank and others. 

The cities said they are mulling over whether to appeal to the U.S. Supreme Court, or whether to ask the court to reconsider its decision. 

Adam Radinsky, Santa Monica deputy city attorney, said federal banking regulations do allow local governments or city voters to adopt such rules. He said Arkansas, Mississippi and Wyoming have rules limiting the amount of ATM fees banks may levee. 

The cities also argued that California consumer protection laws allow such laws. 

“The ATM surcharge is an outrageous and duplicative fee that is unfair to consumers,” Radinsky said. 

The law doesn’t challenge fees a bank charges its own customers to use a different bank’s ATM. Those fees range around $2. 

The law thrown out Friday challenged the rights of banks in the two cities to charge customers who do not bank with them an additional surcharge to use their ATM — roughly $1.50 per transaction. 

It became clear during oral arguments in January that the court ultimately would rule as it did Friday. At the time, the judges appeared unmoved by city lawyers defending the ordinances.

WASHINGTON — Government investigators said Friday they want to find out whether a former Enron Corp. executive improperly hid the company’s stake in three California wind power farms. 

The Federal Energy Regulatory Commission, which launched the investigation, said it also will hold hearings on whether the three small power producers should lose their licenses to sell wholesale electricity to U.S. utilities. 

“If these allegations are true, they conflict in material respects with the representations made by the small power producers,” FERC said in its order. 

The three Enron-affiliated California wind power farms — Sky River, Victory Garden and Zond Windsystems — were recertified by FERC in June 1997 as qualified to sell wholesale electricity to U.S. utilities, several months after Enron acquired Portland General Electric utility. 

As part of that recertification, officials at each farm told FERC that Enron would transfer ownership interests to partnerships not affiliated with Enron. A 1978 federal law requires electric utilities to buy renewable energy from FERC-approved facilities owned by independent power producers. 

Under that law, intended to lessen dependence on foreign oil by cutting demand for traditional fossil fuels, FERC designates which facilities qualify and oversees the rates that the producers charge buyers. 

In an eight-page order issued Thursday, FERC said that it was following up on “serious allegations” by the Justice Department earlier this month in its criminal case against former Enron chief financial officer Andrew Fastow.

LOS ANGELES — William J. Bratton was sworn in Friday as the city’s new police chief, with a mandate to reform the corruption-tinged department and a goal of eliminating graffiti and minor offenses as a way of preventing more serious crimes. 

The former New York police commissioner took his oath of office from City Clerk J. Michael Carey and then shook hands with Mayor Kenneth Hahn in a brief private ceremony in Hahn’s office. Bratton and Hahn then headed for Lake Arrowhead to attend an emergency management workshop. 

A public swearing-in ceremony will be held Monday at the Police Academy. 

Bratton, 55, will serve a five-year term. He said he will move quickly to name three assistant chiefs. 

Bratton has promised to work with the mayor on reforms, increase recruiting and implement community policing policies, something past chiefs have resisted. He also has said he wants to reduce top-down management and give more authority to the LAPD’s 18 division commanders. 

Bratton subscribes to what has been called the “broken-window” theory of policing that holds elimination of minor crimes prevents larger ones. 

The city’s 54th police chief said he believes fighting graffiti will reduce the city’s rising crime rate. 

“I hate it with a passion,” he said. 

Allowing gang members and graffiti crews to deface communities is “effectively surrendering the authority of government to them,” Bratton told the Los Angeles Times. “You cannot let them control your streets. If they’re trying to do it by marking the streets with graffiti, then get rid of it.” 

When Bratton ran the New York Police Department from 1994 to 1996 that city’s murder rate was cut in half and serious felonies dropped 33 percent. 

After touring the city recently, Bratton said the graffiti is the worst he has seen.

OAKLAND — An Alameda County Superior Court judge ordered Friday that a man charged with murdering his wife, former San Jose Mercury News photographer Lucille Houston, be held without bail. 

Raymond F. Houston, 40, was already in custody in lieu of $1 million bail and appeared in an Oakland courtroom Friday in yellow jail garb. 

Judge Jon Rolefson Friday denied a motion by defense attorney Walter Cannady that sought to have Houston's bail reduced by $100,000 or $200,000. Instead, the judge granted a motion by the prosecution to increase bail. 

“I find that it does appear that the defendant presents a danger to the community and to this witness in particular,” Rolefson said. “I am very concerned about the apparent risk that is presented by Mr. Houston if he is released.’ 

The judge was referring to an assertion by the prosecutor that Houston had allegedly asked a fellow jail inmate to help him silence a witness.

UC Berkeley students, joined by Mayor Shirley Dean, called for a significant investment in “clean energy” and “green building” techniques throughout the nine-campus University of California system Thursday. 

Students from all nine campuses plan to press their case at the UC Board of Regents, meeting in mid-November, arguing that any new or renovated university buildings should make use of 50 percent clean energy, like solar power, and should be constructed in an environmentally-friendly manner, meaning consuming less power. 

UC spokesperson Chuck McFadden said the university system has a commitment to green construction, citing a newly-built, nationally-recognized green building on the UC Santa Barbara campus – the Donald Bren School of Environmental Science and Management. But, McFadden said he was not aware of any university purchases of clean energy. 

McFadden added that the Regents do not typically dictate specific building techniques to staff. “I don’t think the Regents would want to put themselves in the position of laying down a dictum like that,” he said. 

Mayor Dean said she has written a letter to Richard Atkinson, president of the University of California system, supporting the student movement.  

She also said she will recommend at the Nov. 12 City Council meeting that the city of Berkeley adopt standards laid out by the students for its own buildings. 

Her chief mayoral opponent, Tom Bates, said he also supports solar energy for the university and city. 

Students, working with the environmental organization Greenpeace, say half of the clean energy in any new university building should come from on-site solar panels. The other half, they say, should be purchased from vendors of environmentally-friendly power, like wind-, water- and sun-driven facilities. 

The students also want all new and renovated buildings to be constructed using green building guidelines developed by the U.S. Green Building Council, a coalition of builders, architects, environmentalists and other groups. 

Kristen Casper, a Greenpeace campaigner working on the issue, said she presented the proposal to a Regents sub-committee on buildings and grounds a few weeks ago and got “no clear indication” of the level of Regents’ support. 

But she remained confident that a strong student movement can convince the university to move toward clean energy and building practices, noting that the Los Angeles Community College District has already moved in that direction. 

Dean raised the possibility of working jointly with the university to fund solar power in Berkeley. A large-scale enterprise, she said, might require a solar power bond approved by voters. 

San Francisco voters passed a $100 million solar and wind power bond last year, which will help fund clean energy production at civic buildings. 

Contact reporter at  

scharfenberg@ 

berkeleydailyplanet.net  

To the Editor: 

I am a long-time resident of Berkeley and a grandmother with a grandson at Berkeley High School (BHS). Newspapers around the country, including the New York Times, have been saying that Berkeley kids don’t like to eat healthy food. This is not true. One of my favorite BHS teens loves broccoli. 

What I hear from my grandson and other teens I know is that the healthy food was only there for a very short while. The prices were high, the portions were small, the lines were long and slow and the place was difficult to find. The food at BHS is served in an unappetizing hallway. There’s no place to sit. The students have to walk to Civic Center Park, or around the Building C to sit at concrete tables on a broiling asphalt strip. Why wouldn’t students depart en mass for Shattuck Avenue? 

At one time Berkeley High School was a source of pride in Berkeley. I would love it if someone would point out the excellence and the accountability of our schools being touted by our school board president now running for re-election. And it seems that serving decent, tasty, healthy food should be one of the easier tasks to do well. 

S. Corcos 

Berkeley

Children all over the world yearn for Disneyland. What if you could visit and play there forever? 

That’s what San Francisco playwright-actor Trevor Allen had in mind as a teenager when he decided to pursue his dream job – working as an actor performing cartoon characters at Disneyland. 

Allen retells this story in his one-man play “Working for the Mouse!” which opened last weekend at LaVal’s Subterranean in Berkeley, presented by Impact Theater. 

Allen’s 75-minute backstage story is based largely on the playwright’s own experience, though he says in the playbill that he has condensed the experience of others into his account. 

Allen began working on this play in 1996 in Charlie Varon’s famed Bay Area solo performance class. Later that year it found life as an award-winning short piece at the San Francisco Fringe Festival. 

The current, more elaborate, Berkeley production was developed with the help of, and directed by Kent Nicholson, former Associate Artistic Director of the San Francisco’s Magic Theater, and currently director of new play development at TheatreWorks. 

“Working for the Mouse!” contains about six chapters, which jump back and forth in time. In the opener, Allen the performer tells the audience about growing up “in the shadow of the Matterhorn – the Matternhorn at Disneyland, that is, as a local child coming of age in Anaheim and loving the theme park. 

In an early teenage job assignment, Allen eventually finds himself playing Pluto the dog, wandering Disneyland’s Main Street, available for photos and autographs with tourists. 

As this character, however, he is not allowed to speak back to children who speak to him, since Pluto does not have “voice clearance.” Later Allen gets not just voice clearance, but face clearance (playing a character with no mask) as the Mad Hatter, after successfully imitating the voice of Ed Wynn at an audition. 

`Allen’s story jumps around. He yearns to play Peter Pan. He lusts after the actress playing Alice in Wonderland. An accident at a park waterfall gets him reprimanded.  

After hosting a blowout party with co-workers, his roommates throw him out. In the end, Allen is fired from his job, leaving Disneyland resentfully and taking his imaginary ball with him, as he puts it. 

“Working for the Mouse!” seems like a potentially interesting story, but that potential hasn’t been realized in its current form. 

The piece, as it stands, is more a series of anecdotes than a play. There’s no meaningful arc to the story. After half an hour, the bits feel interchangeable. 

Allen’s solo character, despite all his time spent with the audience, reveals very little about who he is. Nor, by play’s end, has he learned much from all his effort and experience at Disneyland. 

Under Nicholson’s busy direction, Allen turns in an enthusiastic effort as a performer. But he’s not a natural. 

Nervous on Saturday night, he groped for lines at times, and hurried quickly through his emotional moments, making it hard for the audience to share his experience, or to even care about it. 

Nor is Allen a strong enough parodist to make the shtick imitations of colorful backstage characters funny. The gruff, cynical actors backstage at Disneyland all tend to sound the same. 

There’s a play here somewhere, but it hasn’t emerged yet. Allen’s dream as a boy was to grow up and play all day at Disneyland. As an adult, he still doesn’t seem to have a handle on that experience and what it meant to him. 

When he gets there, he’ll be on the road to having his play. 

John Angell Grant has written for “American Theatre,” “Backstage West,” “Callboard,” and many other publications. E-mail him at jagplays@hotpop.com, or fax him at 1 (419) 781-2516.

Friday, Oct. 25 

“The Library: A Community Legacy” 

11:45 a.m. luncheon, 12:30 p.m. speaker 

City Commons Club, 2315 Durant Ave. 

Anna Rabkin will speak. 

526-2925 or 665-9020 

$11.50 or $12.50 luncheon 

$1 speaker only / students free 

Benefit Fundraiser for Berkeley Liberation Radio 

7 to 10 p.m.. 

379 40th St., Oakland (between Telegraph and Broadway) 

An evening of political activism, music, dancing, poetry and food. 

$10-$15 / No one turned away 

Saturday, Oct. 26 

Math Made Fun - math games. 

1:30 p.m. to 4:30 p.m. 

1 Centennial Dr. - Lawrence Hall of Science  

Free with museum admission 

Pumpkin Carving  

and Costume Making 

10 a.m. to 3 p.m. 

Berkeley Farmers' Market 

Center Street at  

Martin Luther King Jr. Way 

Free 

Emeryville Taiko’s Halloween Extravaganza 

7 to 8:30 p.m. 

1601A 63rd St. (near Hollis St.), in Emeryville 

Fun and games for kids with a Taiko drumming performance at 8:30. 

655-6392 

Kids $5 / adults $10 

Alzheimer’s Disease and the African American Community 

9 a.m. to 12:30 p.m. 

St. Paul AME Church, 2024 Ashby Ave. 

Join the Alzheimer’s Association for this informative morning. Continental breakfast included. 

Preregister: (650) 962-9644 

Free 

MSRI’s 20th Anniversary Celebration 

3 to 5:30 p.m. 

Valley Life Science Building, Chan Shun Auditorium, second floor, Rm 205O, UC Berkeley 

The Mathematical Sciences Research Institute celebrates its birthday with keynote speaker Sir Michael Atiyah. 

601-8700 

Halloween Spook Hunt 

1 to 5 p.m. 

Thousand Oaks School, 840 Colusa Ave. 

Costumes are encouraged at this treasure hunt. Best costume participates free. Meet at 1 p.m. at the park next to Thousand Oaks. 

524-2166 

$7.50-$15 / Families $35 

Lawrence Hall of Science Family Halloween Party 

6:30 to 9:30 p.m. 

Lawrence Hall of Science 

A Halloween bash with magicians, mad scientists, wizards, and a demonstration of how to make an elephant mask. 

Reserve tickets in advance: 642-5134 

$8-$12 

The New School Halloween Bazaar 

10 a.m. to 4 p.m. 

1606 Bonita St. at Cedar 

Face painting, mask-making, children’s games, apple bobbing, and more. 

548-9165 

Free 

Strides to Provide 

8 a..m. to noon 

Oakland’s Lake Merritt 

Alta Bates Summit kicks off its first annual community walk, incorporating fundraising, health education, health screenings, and entertainment. 

Radio station KMEL will provide music. 

204-1167 

Gardening With East Bay Native Plants  

10 a.m. to 2 p.m. 

Ecology Center, 2530 San Pablo Ave. near Dwight Way 

Hands-on workshop touching on many aspects of “restoration gardening”. 

Reservations required: 548-2220 x233 

$15 Ecology Center members,  

$25 others, 

No one turned away for lack of funds. 

Sunday, Oct. 27 

Spirit Day 

11 a.m. and 5 p.m. 

Fourth Street and University Avenue 

Construct altars in a day of reflection. 

Free 

West Berkeley Arts Festival 

11 a.m. to 5 p.m. 

University Ave. between 3rd and 4th Streets 

Fun for the whole family, with local and international arts and crafts, the Berkeley Youth Chess league, Technomania Circus, live music and more. 

845-4106 

Monday, Oct. 28 

“Damming Hope: Plan Puebla Panama Comes to Guatemala” 

7 p.m. 

Trinity United Methodist Church 

2362 Bancroft Way 

Mayan leader Santos Choc discusses his community’s struggle in opposing the Usumacinta Dam. 

526-7177 

$8-$20 sliding scale / No one turned away 

Reviving the Lost Art of Conversation 

7:30 to 9:30 p.m. 

Berkeley-Richmond Jewish Community Center, 1414 Walnut St. 

Learn how to break the ice, establish rapport, build trust, and develop intimacy through conversation. 

848-0237 x127 

$8 -$10 

Wednesday, Oct. 30 

Premiere of “Code 33: Emergency- Clear the Air” 

5 p.m. 

Oakland City Council Chambers, 1 Frank H. Ogawa Plaza, Oakland 

A one hour made-for-TV documentary on youth and public relations. Followed by a reception and refreshments. 

887-0152 

Monster Bash 

6 to 9 p.m. 

Berkeley-Richmond Jewish Community Center, 1414 Walnut St. 

Register: 601-7247  

$25 / includes meal and cooking lesson 

Friday, Oct. 25 

UC Choral Ensembles Halloween Show 

6 and 8 p.m. (Two shows) 

155 Dwinelle, UC Berkeley 

Featuring nine UC choral ensembles, including the Women’s Chorale, the Men’s Chorale, and the Men’s Octet. 

642-3880 

$7 general / $5 students 

Afro-Muzika 

9:30 p.m. 

Ashkenaz, 1317 San Pablo Ave. at Gilman 

The nine members of this group sing, play and dance the infectious soukous party music of the Democratic Republic of the Congo. 

525-5054 

$12 

Saturday, Oct. 26 

Lisa B. 

7 p.m. / Open mic sign-up 6:30 p.m. 

Berkeley Art Center, 1275 Walnut St. 

Presented by Rhythm & Muse. 

Free / donations accepted 

Kotoja 

Dance lesson 9 p.m. 

Show 9:30 p.m. 

Ashkenaz, 1317 San Pablo Ave. at Gilman 

Known in the Bay Area’s World Beat and Afro-beat scene, Kotoja features bandmembers from West Africa and America. 

525-5054 

$12 

Sunday, Oct. 27 

Larry Schneider 

Jazzschool, 2087 Addison St. 

Internationally performing saxophonist. 

845-5373 

$10-$15 

Turning Point: Sacred Music Before and After the Second Vatican Council 

4 p.m. 

United Christian Church, 2401 Le Conte Ave. 

Sacred choral music, sponsored by the Graduate Theological Union. 

(415) 431-4234 

Free 

Kazuhisa Uchihashi 

8:15 p.m. 

TUVA Space, 3192 Adeline at Martin Luther King, Jr. Way 

ACME Observatory Contemporary Performance Series presents this Japanese experimental electric guitarist. 

649-8744 

$0-$20 Sliding scale 

Monday, Oct. 28 

“Jazz, Blues, and Popular Music in American Culture” 

6:30 p.m. 

A Vista College class, with instructor/R&B legend Johnny Otis. 

Registration info: 981-2800 

Tuesday, Oct. 29 

Activate: DJ night 

10 p.m. to 2 a.m. 

Ashkenaz, 1317 San Pablo Ave. at Gilman 

An evening of DJs featuring drum n’ bass music. 

525-5054 

$5 

Wednesday, Oct. 30 

Courtableau 

Cajun dance lesson 8 p.m. 

Show 8:30 p.m. 

Ashkenaz, 1317 San Pablo Ave. at Gilman 

Veterans of the Bay Area Cajun/zydeco scene perform classic Cajun dance hall music. 

525-5054 

$8 

“Please Pay Attention” 

Through Oct. 25 

4 p.m. to 7 p.m. 

Worth Ryder Gallery, 116 Kroeber Hall 

UC Art graduates feature drawings, video, etc. 

DepartmentofArtPractice 

Timoteo Ikoshy Montoya 

Through Nov. 1  

Reception Sept. 20, 6 to 8 p.m. 

Gathering Tribes Gallery  

1573 Solano Ave.  

Acrylic/air brush paintings  

by this Native American artist.  

528-9038 

Threads: Five artists who  

use stitching to convey ideas 

Ceramics - Opening Reception 

Through Nov. 17 

3 to 5 p.m. 

A New Leaf Gallery, 1286 Gilman St. 

525-7621 

“Hunger: What will you do about it?”  

Through Oct. 30  

Mon.-Fri., 9 a.m. to 5 p.m. 

The Civic Center Building 

2180 Milvia St., 5th floor 

Featuring 40 photographs  

by Berkeley artist David Bacon. 

834-3663, Ext. 338,  

uchanse@secondharvest.org 

“Recent Acquisitions” 

Through Dec. 14 

Thurs., Fri., and Sat., 1 to 4 p.m. 

Berkeley Historical Society, Veterans Memorial Building, 1931 Center St. 

848-0181 

Free 

Threads: Five artists who  

use stitching to convey ideas 

Through Dec. 15, Wed.-Sun., noon to 5 p.m. 

Berkeley Art Center 

Live Oak Park, 1275 Walnut St. 

Information: www.berkeleyartcenter.org, 644-6893 

Free 

Alarms and Excursions 

Nov. 15 through 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 to $35. 

$2 donation 

Saturday Nov. 9 

Dorothy Allison and Jewelle Gomez appear in support of Boadecia’s Books 

8 p.m. 

Northbrae Community Church  

941 The Alameda at Solano 

559-9184 

$25, sliding scale 

Saturday Nov. 16 

Alice Walker and Brenda Boykin 

appear in support of Boadecia’s Books 

8 p.m. 

Northbrae Community Church  

941 The Alameda at Solano 

559-9184 

$25, sliding scale 

Friday, Oct. 18 

Working for the Mouse 

Fantasy about playing at Disneyland. 

8 p.m. Fri. and Sat., 7 p.m. Sun. 

La Val’s Subterranean Theater  

1834 Euclid 

464-4468 

$12 general, $7 students. 

Saturday, Oct. 19 

Magic School Bus Video Festival 

10:30 a.m. to 1:30 p.m. 

1 Centennial Dr. - Lawrence Hall of Science Auditorium 

643-5961 

$8 adults, $6 youth 5-18 & seniors, $4 children 3-4, free for children under 3. 

“The Undead and the Living Dead” and Bela Lugosi’s “White Zombie” 

Oct. 24 through Oct. 30 

7:30 / 8:55 p.m. 

Fine Arts Cinema, 2451 Shattuck Ave. 

Double feature: Film with musical score performed on accordion by Rich Kuhns. 

848-1143 

$4-$9 

Sunday, Oct. 27 

“Last Chance for Eden” 

1 to 4 p.m. and 6 to 9 p.m. 

Berkeley-Richmond Jewish Community Center, 1414 Walnut St. 

“Last Chance for Eden” explores personal pain and anguish caused by racism. 

848-0237 x0 

$10-$15

The Berkeley High girls volleyball team continued their dominance of league competition on Thursday, giving up just six points while beating De Anza High, 15-1, 15-3, 15-2. 

The Lady Jackets took a 14-0 lead in the first game and never looked back despite some uninspired play in the second and third games of the match. 

“Really, [De Anza] should have only scored two points in the whole match,” Berkeley head coach Justin Caraway said. “We were just kind of going through the motions after the first game.” 

Middle blocker Vanessa Williams led the Jackets with 10 kills and six digs, while outside hitter Amalia Jarvis had six kills. The overwhelmed De Anza players were happy to escape the match without injury, as the Berkeley hitters bounced several hard spikes off of their opponents’ heads and chests. 

“Our offense did an outstanding job today,” Caraway said. “Our hitters were really on their games.” 

The win extended Berkeley’s Alameda-Contra Costa Athletic League winning streak to 23 since the Jackets entered the league in 2000.  

Caraway doesn’t expect his team to lose another game, much less a match, before hosting their tournament after the regular season is over. Encinal High is the league’s second-best team, but the Jets recently lost their best player to a sprained ankle, which means the Jackets will likely roll right over them when the teams meet on Tuesday. 

Berkeley hasn’t played a competitive match in nearly a month, but with San Ramon Valley, Piedmont and Redwood coming to the tournament Caraway’s team will get a stiff test before North Coast Section playoffs begin. Berkeley won the NCS crown last season. 

“We’ll get to see where we are when we play those teams,” Caraway said. “We have some pretty big questions going into NCS.” 

Notes: The Yellowjackets tied a California high school record with 27 aces against Richmond on Tuesday.

The music and recording industries sent out letters this month asking 2,300 colleges and universities around the country, including UC Berkeley, to clamp down on students sharing copyright-protected songs and movies over the Internet. 

UC Berkeley’s Associate Vice Chancellor for Information Systems Jack McCredie acknowledges that the practice is widespread on campus, but says there is little he can do to prevent it. 

“I believe the letter they sent, that a lot of this is going on,” McCredie said. “What I have a problem with is understanding what we can do.” 

While the university has several regulations on the books prohibiting piracy of copyright-protected works, McCredie said, students’ and employees’ right to privacy prevents the university from closely monitoring individuals’ on-line activity and hunting down violators. 

“Obviously, now, we have a tension,” he said. 

Still, UC Berkeley spokesperson Janet Gilmore said the university was able to identify 73 students who illegally downloaded files last year. She said the university issued warnings and the offenders stopped the practice. 

Alex Branigan, a cognitive 

sciences major at UC Berkeley, logs on to the Morpheus Website to download music. The music and film industries are pressuring universities to stop the practice. 

But students say that music and video file-sharing, through popular web services like KaZaa and Morpheus, is rampant and likely to continue. 

“People want their music and episodes of South Park,” said third-year UC Berkeley student Augustine Chun. 

Oliver Gettell, also a third-year, said the high-speed networks in the dorms only make the process easier and more inviting. 

Film and video industry representatives, who estimate that at least 2.6 billion files are illegally downloaded from the Internet every month, said it is the high speed networks that make college campuses particularly worrisome. 

“The wonderful things they put on campus are being misused,” said Richard Taylor, vice president of public affairs for the Motion Picture Association of America, one of four organizations that signed the letter to universities this month. 

The Recording Industry of Association of America, which has launched a national advertising campaign on the file-sharing issue featuring music stars like Britney Spears, also signed the October letter to 2,300 universities. The National Music Publishers’ Association and the Songwriters Guild of America added their names as well. 

Taylor said the film industry has not compiled an estimate of the amount of money it loses annually from illegal file-sharing. But he said Hollywood loses $3 to $4 billion per year from traditional piracy. 

Digital theft could become a far worse problem than traditional piracy, he argued. The digital process is more attractive because it does not involve an illicit tape or street transaction, he noted, and unlike a third- or fourth-generation videotape, a digital copy involves no loss of quality. 

Taylor said that while movie stars may not feel the effects of piracy, gaffers, lighting technicians and other members of film crews will ultimately suffer. 

“It is the rank-and-file folks who will bear the brunt of this,” he said. “It’s not a victimless activity.” 

The university letter calls on schools to take four steps on the file-sharing issue: inform students of their “moral and legal responsibilities,” outline which practices are forbidden on campus, “monitor compliance” and “impose effective remedies against violators.” 

Taylor declined to suggest specific methods for monitoring compliance or imposing remedies, but the letter mentioned a recent move by the U.S. Senate to block access to file-sharing services for its network users. 

UC Berkeley’s McCredie said he is not considering a block on KaZaa or other services. 

“I don’t really think you can,” he said. “There are legal uses of KaZaa...There are many bands out there giving away their stuff.” 

But McCredie said the university is working to beef up campus education on the issue, focusing on the issue during freshman orientation sessions and drafting a campus-wide letter it plans to send out in the near future. 

In addition to education, he said, UC Berkeley complies with the federal Digital Millennium Copyright Act. The law protects universities from liability if illegally-downloaded files are found on their networks, but requires schools to take action against students or employees who repeatedly break the law. 

A university is not required to monitor student activity under the Digital Millennium Act, but must take action if a copyright owner informs it of an illegal download by someone on its network. 

McCredie said copyright owners only sporadically inform UC Berkeley of a violation. He said the university, after a speedy investigation, quickly cuts off network access to any alleged violator and then provides the student or staffer with due process.  

Most students and staff, he said, plead ignorance, acknowledge their errors and pledge not to illegally download again. 

Contact reporter at 

scharfenberg@ 

berkeleydailyplanet.net 

To the Editor: 

The city's sloppy installation of controversial, and in at least one case unneeded, traffic signals on Telegraph Avenue (Daily Planet, Oct. 17) without consulting neighbors shows why Berkeley residents who really care about pedestrian safety should reject Measure L. While the bond measure contains some worthy features, it threatens to extend the city's unfortunate trend of ignoring our most dangerous intersections, while throwing money at essentially safe locations in response to small pressure groups. Often, those individuals lack even their neighbors' support. 

To really save lives, we should withhold our votes and challenge the city to present a better-written “pedestrian safety” bond – one that focuses staff resources on real traffic hazards and real solutions. On Telegraph, the city spent $450,000 installing signals at two adjacent cross-streets with relatively low traffic volumes and low collision histories. Throwing state grant money at these inappropriate locations, without local consultation, wasted rare funding and opportunity. Worse, this was no isolated incident. 

To its credit, Measure L anticipates funding “innovative safety devices” such as audible signals for vision-impaired people and lighted pedestrian crosswalks. Unfortunately, it would also fund feel-good planning fads that provide little or no benefit to pedestrian safety, but introduce new problems. It offers taxpayers no expenditure breakdown by device, no prioritization of hazardous locations and no evaluation mechanism. 

With state grants available since 1999, you'd think the city would be upgrading signals at University and Shattuck avenues (our most "high-collision" intersection according to a 2000 report) and University and Milvia Street (tied for fifth-worst, and located just two blocks from Berkeley High's 3,000 students).  

Such intersections cry out for phased signals to separate pedestrians from turning vehicles. Unfortunately, the city's grant applications haven't overlapped with its list of known hazardous intersections. 

Tom Brown 

Berkeley 

NEW YORK — Kurt Cobain regretted using heroin to ease the pain of a stomach ailment but could not bring himself to stop, and talked of shooting himself, according to excerpts from the late Nirvana star’s diaries. 

The writings, printed in Newsweek this week, are from the upcoming book “Journals,” which contains letters and diary entries from the 1980s until 1994, when Cobain shot himself to death at age 27 in his Seattle home. 

While some of the entries are rambling or humorous, they reveal a man tortured by drug addiction and illness. 

“ ... I decided to use heroine (sic) on a daily basis because of an ongoing stomach ailment that I had been suffering from for the past five years and had literally taken me to the point of wanting to kill myself,” Cobain wrote in a diary entry while in a rehabilitation clinic. 

“I bought a gun but chose drugs instead,” he wrote later. 

Although Nirvana helped put the Seattle grunge sound on the musical map, Cobain didn’t like being grouped with the other bands. He apparently had particular disdain for fellow Seattle band Pearl Jam, sometimes criticized for having a similar sound as Nirvana. 

“There are a lot of bands who claim to be alternative and theyre nothing but stripped down, ex sunset strip hair farming bands of a few years ago. I would love to be erased from our association with Pearl Jam or the Nymphs and other first time offenders.” 

The Newsweek excerpts include many references to drug use. 

In one letter to a friend that was never sent, Cobain writes: “As you may have guessed by now Ive been taking to a lot of drugs lately It might be time for the Betty Ford clinic or the Richard Nixon library to save me from abusing my enemic, rodent-like body any longer.” 

In another unsent letter, written to fans while he was in rehab, he derides reports that he is suicidal and drug-addicted. 

“I am not a junkie ... Ive had a rather unconclusive and uncomfortable stomach condition for the past three years ... I decided to relieve my pain with small doses of heroine for a walloping 3 whole weeks,” he writes. 

“It was a stupid thing to do and Ill never do it again and I feel real sorry for anyone who thinks they can use heroine as a medicine because um, duh, it don’t work.” 

But Cobain could not stop using heroin. A few months before he died, he wrote: “I remember someone saying if you try heroine once you’ll become hooked. Of course I laughed and scoffed at the idea but I know believe this to be very true.”

Berkeley High offensive coordinator Clarence Johnson will get a different perspective on tonight’s game against Richmond High, as he will move up into the press box for the first time in two years. 

Johnson, who has called the offensive plays for the Yellowjackets since last season, was previously stationed on the sideline, where he would personally deliver the play to his quarterback. But with the Berkeley sideline packed much of the time with both players and coaches yelling and moving around, things were often chaotic. 

“I think [moving into the press box] will enable me to see the field better, and there will be less distractions,” Johnson said. 

Johnson will relay the play-call to assistant coach Jordan Seiden via headset, with Seiden conferring with the quarterback. Although Johnson often used the time to give his signal-caller tips, he doesn’t think the offense will suffer with the move. 

“I really feel this will be the best way to do things,” Johnson said. “Jordan is good at working with the guys. He’ll be able to give them extra tidbits of information just like I do.” 

Starting quarterback Dessalines Gant said he’s not worried about the switch despite it being just his third game as the starter. 

“I have confidence in whatever [Johnson] tells me to do,” Gant said. “That won’t change no matter where he is.” 

Gant will be the starter this week despite throwing five interceptions against Hercules High last week, with the Jackets pulling out the game in overtime after blowing a 16-point fourth-quarter lead. Head coach Matt Bissell said while Gant did indeed play poorly, not all the interceptions were the quarterback’s fault. 

“Dez got the poor stats, but a lot of other things went into some of those picks,” Bissell said. 

Gant said he hasn’t lost any confidence in his ability to run the team. A game against winless Richmond should be just the thing to right the offensive ship in time for a showdown with rival Pinole Valley the following week. 

“I just have to keep my head up and get out there,” Gant said. “Hey, I can’t play any worse, right?”

In 1971, Pentagon official Daniel Ellsberg risked his career, his reputation and his freedom to make public what has become known as the Pentagon Papers – 7,000 pages of top-secret documents outlining America’s untold and often nefarious involvement in the Vietnam War. 

On Wednesday night, Ellsberg, who spends three quarters of the year living in Berkeley and the rest in Washington, D.C., thrilled a capacity crowd of nearly 1,500 at UC Berkeley’s Zellerbach Hall with his insider account of government conspiracy. 

“Truth telling can be risky but is justified because it can save a lot of lives,” he said. 

Drawing from experiences outlined in his new book, “Secrets : A Memoir of Vietnam and the Pentagon” Ellsberg described Wednesday his transformation from U.S. Marine to tight-lipped Pentagon official to anti-war whistleblower.  

Having begun work in the Pentagon in 1964, Ellsberg explained how high-level officials in Washington, D.C. withheld information and lied outright to Americans from the start of the Vietnam War. 

Having stolen concealed documents in 1969 that were published by the New York Times in June 1971, he faced 12 federal felony charges which could have landed him in prison for 115 years. However, the charges were later dropped because of an illegal government investigation into his conduct. 

Now, as the country again stands poised for war, this time with Iraq, the message of Ellsberg’s speech echoed louder than even the home-crowd applause that greeted him Wednesday night.  

He urged today’s intelligence officials to follow in his footsteps: “If you know now that the president is lying us into a new war, I urge you to consider doing what I wish I had done in 1964.” 

And while Ellsberg said that some government secrecy, both past and present, “is justified to keep information from foreign enemies during times of war,” he estimated that the number of secrets actually kept in the name of domestic security adds up to only 1 to 5 percent of Washington’s total silence. 

The rest of the secrets and silence, he said, are those that politicians keep from rivals for power, from members of Congress, and from Washington budget-makers. Secrets are kept, he said, “to prevent accountability; in short, to prevent democracy.” 

Ellsberg drew applause from the crowd when he thanked Congresswoman Barbara Lee, D-Oakland, and Senator Barbara Boxer, D-San Francisco, for voting against the bill Congress passed earlier this month authorizing President Bush to declare war on Iraq. 

He then told Senator Diane Feinstein, D-Los Angeles, and the other lawmakers who voted for the bill, “if you can’t get right on this issue, at least shut up. Don’t give speeches that echo the president’s lies.” 

After Ellsberg’s speech, a group of staunchly anti-war scholars and writers from across the nation, participated in a panel discussion on US foreign policy and the escalating situation in Iraq.  

Stanford history professor Barton Bernstein amused the crowd when he questioned the Bush administration’s seemingly ironic position that only those who have used a nuclear bomb have the right to possess them now. He also challenged the administration to stop riding the wave of post-Sept. 11 fear and to make their case for war “through evidence, not through assertion.” 

The Oakland-based Independent Institute , the World Affairs Council of Northern California and the UC Berkeley School of Public Policy sponsored the Wednesday’s event. 

To the Editor: 

In her lengthy letter (Forum, Oct. 21) opposing Measure P, the height initiative, Councilmember Miriam Hawley does a disservice to the goal of reasoned debate by linking P supporters to the “myth” that big developers “run” the city. It is a cheap shot, designed to discredit opponents of high density development in Berkeley, without addressing the issues raised by them. They include the loss of access to sunlight for the non-occupants of high rise structures, increased vehicle ownership and traffic congestion, increased levels of air and noise pollution with their attendant health risks, exacerbation of parking difficulties, the further deterioration of our already fragile infrastructure, and other deleterious environmental impacts that will arise from packing thousands of additional inhabitants into our small city.  

Councilmember Hawley complains bitterly about the delays encountered in the project approval process but in reality, approval is often put on the fast track by city staff. She seems to take personal umbrage at the time and money losses suffered by developers as a result of staff assessments and public hearings. She evinces no such sympathy, however, for residents adversely affected by proposed developments, who typically spend countless hours in frequently futile attempts to bring about modifications to new projects and who can only look on in frustration as the kangaroo courts the Zoning Adjustments Board and City Council. 

Harold Boyer 

Berkeley  

NEW YORK — The Whitney Museum has unveiled its new $200 million collection of works from Jasper Johns, Robert Rauschenberg, Roy Lichtenstein, Andy Warhol and other American masters of postwar modernism at pivotal moments in their careers. 

The 87 works from 23 artists represent a stunning panorama of abstract expressionism, pop art and other avant-garde styles associated with the New York art scene since the late 1940s. They go on public display Thursday for three months at the Madison Avenue museum. 

“We believe it is the largest and most significant gift of postwar art ever made to any museum,” Whitney director Maxwell Anderson said of the paintings, drawings, sculptures and prints. “The works are estimated to be worth $200 million.” 

Leonard Lauder, chairman of the museum trustees, said the pieces were largely selected from the artists’ collections to show milestones in their development. 

“The artists knew what we were doing and joined in enthusiastically,” he said at a press preview Wednesday at the modernistic gallery. “Each of the artists parted with some of their most precious works.” 

Titled “An American Legacy, A Gift to New York,” the collection was acquired over three years by 15 members of the board of trustees and donated to the museum for public display. 

The works significantly enhance the Whitney’s holdings of works by each of the artists, most of whom have been the subjects of monographs and included in the museum’s group shows since the 1950s. 

“Spanning a half-century of American art, this selection does not constitute a strictly historical or definitive overview,” said curator Marla Prather. Rather, it provides an opportunity “to examine this crucial period in American art ... with works of superlative quality.” 

Among the groundbreaking works are Claes Oldenburg’s “Giant BLT (Bacon, Lettuce and Tomato Sandwich)” from 1963, one of his first soft vinyl sculptures. His life-sized “Bedroom Ensemble 3/3,” 1963/1995, set up separately from the other works, is reminiscent of a stage set with its stark, geometric lines and black, blue and white tones. 

The 32 works by Johns include “Double White Map” from 1965, a two-panel collage of the United States on canvas, and “0 through 9,” vividly colored, superimposed numbers in oils on canvas, from 1961. 

Pollock is represented with “Number 18, 1951,” one of his black enamel paintings that marked a shift from his “drip” creations of 1947-50. The figurative elements in the painting after his outpouring of highly abstract work caused a stir at the time. 

“Bathroom, 1961,” showing a toilet, bathtub and sink in line drawings, is one of Lichtenstein’s earliest pop art creations using Benday dots, mimicking a mode of commercial printing. 

Warhol’s “Nine Jackies,” a silkscreen painting from 1964 showing his fascination with celebrity and disaster, depicts newspaper photographs of Jackie Kennedy around the time of her husband’s assassination. 

“Blue Eagle,” from 1961, shows Rauschenberg’s pioneer style of “combine painting” using scavenged materials for sculptural elements.

SAN FRANCISCO – Teased and taunted for tiptoeing around Barry Bonds, the Anaheim Angels decided to challenge him. 

Whack! 

Bonds lined an RBI double that sent the San Francisco Giants zooming to a big lead that not even these pesky Angels could overcome, winning 16-4 in Game 5 Thursday night to take a 3-2 lead in the World Series. 

Jeff Kent sealed it with a pair of two-run homers, starting the party in full force at Pac Bell Park and putting the Giants on the brink of their first World Series title since 1954. 

Rich Aurilia’s three-run homer in the eighth gave the Giants the most runs by a team in a Series game since the New York Yankees walloped Pittsburgh 16-3 in 1960. It was the 17th homer overall by the Angels and San Francisco, tying a Series record. 

Once again, it took only one big swing by Bonds — Mays’ godson — to swing the momentum in this Series. But, really, the Angels were caught in a lose-lose squeeze from the start. 

They pitched to Bonds in the first inning, and the Giants got three runs. They intentionally walked him in the second, and San Francisco scored three more. 

Halloween was still a week away, but the big guy in orange and black had plenty of tricks and few treats for Anaheim. 

Now, Russ Ortiz will try to clinch San Francisco’s first crown when he starts Game 6 Saturday night at Edison Field against Kevin Appier. 

A sellout crowd of 42,713, tense when the Angels climbed back from a 6-0 deficit and brought the tying run to the plate in the middle innings, erupted when Kent connected in the sixth and again in the seventh. 

Bonds added another double and a single and Kenny Lofton sprinkled in a two-run triple as the Giants pulled away to delirious chants of “Beat L.A! Beat L.A.!” The fans’ geography may have been a bit off, but their math was right on. 

All in all, it was a dramatic turnaround in the Series. Just a few days ago, with Anaheim’s hitters going wild, some thought they would run away with the title. But by the time this one ended, it was the Giants who had the Angels on the run. 

Chad Zerbe got the win, relieving when Jason Schmidt was pulled in the fifth, one out short of qualifying for his second win of the Series.

The city will likely suspend its program to help the poor avoid homelessness if voters reject a November ballot initiative increasing the tax on real estate transactions, city officials said. 

Measure M would raise about $2 million annually from a 0.5 percent tax increase on the sale of property. The current transfer tax is 1.5 percent. 

Property sold for less than $350,000 or at a loss would be exempt from the 2 percent tax, which would be the highest transfer tax in the state. 

Twenty percent of the tax revenue, or roughly $400,000, will go to the city’s financially strapped Homelessness Prevention Program. 

Provided with an annual allotment of $110,000 in city funds, the program is now teetering on the brink of insolvency. 

“It’s going to run out of money sometime between Thanksgiving and Christmas,” said Berkeley Housing Director Stephen Barton. 

The program, operated by the non-profit Echo Housing, provides temporary assistance for residents who are at risk of losing their home and helps others pay initial move-in costs so they can get subsidized housing. 

“If it wasn’t for this program, a lot more people would be homeless right now,” said Marjorie Rocha, executive director of Echo Housing. 

Barton recalled a recent case in which a disabled person, whose mother paid his rent, was almost evicted after his mother died. The fund paid his rent during the three months that it took him to win in a federal disability housing subsidy. 

“In terms of human value and preventing real tragedies, this is one of the best programs the city has,” Barton said.  

But the program’s success could mean it’s downfall. 

Rocha said that in the last four months the program spent $51,000 helping 41 families, and could have helped far more if the funds were available.  

With city support restricted by a $2.1 million budget deficit, the program’s future depends on the transfer tax increase. 

If the ballot measure, which requires two-thirds approval of city voters fails, Barton said the housing department will likely have to shelve the program until the next round of city funding in July. 

Rocha warned that the cost of scrapping the program would be higher than funding it. 

“Programs for the homeless are much more expensive than to help people keep their homes,” she said. 

In addition to the homelessness prevention program, the ballot measure also earmarks about $1 million for the construction of affordable housing and $600,000 for seismic upgrades of the roughly 4,000 apartment units that might not withstand a major earthquake. 

Barton said $1 million dollars would mean about 47 new housing units for the approximately 4,700 people on Berkeley’s affordable housing wait list. He added that increased affordable housing reserves would qualify the city for state matching dollars. 

According to Barton, the city doesn’t have a program for retrofitting apartments. “It would make a big impact,” Barton said, noting that many property owners don’t know if their building is earthquake prone. 

He noted that the money raised could be used to help pay for engineering studies so the city and owners could have an accurate sense on the extent of the danger. 

Opponents of the tax say they do not oppose the programs, but in the manner the city is choosing to fund them. 

“There are 600 [home] transactions in Berkeley. It’s not fair to put the entire burden of affordable housing on 600 people,” said Miriam Ng, president of the Berkeley Association of Realtors. 

She added that the tax will likely be an unreliable source of income. “Just cause the market is good, they think they will get a lot of money, but when the market turns and there are no transactions, then where will they get the money.” 

Ng said that if the ballot passes, she will file suit arguing that the tax violates California law prohibiting real estate taxes for special projects. 

Contact reporter at  

matt@berkeleydailyplanet.net

To the Editor: 

Measure P, the height initiative, will reduce the potential for building more affordable housing, will not increase transit use, and is the antithesis of smart growth. Limiting height lessens density but greater density, even with higher construction cost, will build more units and lower unit the cost, of which many would be affordable. Higher density also places more people on the street and increases street safety.  

Just providing frequent transit to attract riders, without density, will not increase ridership in keeping with its added cost, hence it requires greater public subsidies. Density and transit use compliment each other. Density is key for reducing cost of increasing transit service. In San Francisco, Muni’s Geary bus line is a good example. Muni is considering upgrading with Bus Rapid Transit (BRT) elements as AC Transit is proposing to do along San Pablo Avenue Transit that has good access with dense corridors increases riders that generate greater fare recovery and lessens the public subsidy. Restricting development with height limits will do the opposite.  

Smart growth? The well-respected Urban Land Institute details smart growth in its report “Putting the Pieces Together” and recommends dense mixed-use development along with transit. Density will be along major transit lines and not in R-1 single family zones. People will congregate to viable activities and create congestion but for livability, the primary access should be transit. The San Francisco Giant’s Pac Bell Park did not suffer due to limited auto access because they have transit alternatives.  

With the educational, cultural and institutional activities that Berkeley has and maintains, we need to develop alternatives to auto use since Berkeley is getting more congested. 

Roy Nakadegawa 

BART Director, District 3 

Berkeley

LOS ANGELES — The makers of the CBS drama “CSI: Miami” are producing a show in which crime fighters track down a sniper, but the network may postpone the episode because of the real-life shooting attacks around Washington. 

The episode currently in production features a forensics team studying crime scenes from an attacker who kills people from atop a building. 

“This is one of those bizarre cases where art collides with real life,” CBS spokesman Chris Ender said Wednesday. 

The story was conceived in August and a script was delivered last month, weeks before the real attacks began around the nation’s capital. 

Since Oct. 2, the sniper has killed 10 people and critically wounded three others in Maryland, Virginia and Washington.

Friday 

Football - Berkeley vs. Richmond, 7 p.m. at Berkeley High 

Saturday 

Football - St. Mary’s vs. Albany, 1:30 p.m. at St. Mary’s High 

Men’s Soccer - Cal vs. Stanford, 2 p.m. at Edwards Stadium

WACO, Texas — President Bush credited law enforcement Thursday night with lifting “a shadow of fear for many families” by capturing two suspects in the sniper shootings that terrorized the Washington area for three weeks. 

“The hunt for a merciless killer has been difficult — and America greatly appreciates all the good men and women who fight crime and uphold justice across this great country,” Bush said in a written statement that also praised citizen tipsters. 

“We will keep the victims and their families and friends in our prayers,” Bush said. The White House released the statement shortly after he arrived here for a meeting Friday with Chinese President Jiang Zemin. 

The president, who made political stops in three Southern states en route to Texas, was briefed three times by telephone as the investigation wound down. The last call came from FBI Director Robert Mueller, who told Bush aboard Air Force One that ballistics tests on the weapon found in the suspect’s car allegedly showed it had been used in the killing spree. 

John Allen Muhammad, 41 — arrested with 17-year-old John Lee Malvo — appeared in court, and was ordered held without bail. 

After talking to Mueller, Bush watched Montgomery County Police Chief Charles Moose’s news conference from the Air Force One’s conference room. A few minutes later, upon landing in Texas, the president boarded Marine One and telephoned Moose during the brief flight to his ranch in Crawford, Texas. 

“You have lifted a shadow of fear for many families. God bless you and may God bless the victims,” Fleischer quoted Bush as telling Moose. 

Later, the White House released the statement from Bush in which he commended police for working with “great urgency” and with “such little rest” to crack the case. 

Fleischer said Bush, under advice from the FBI, had tried to limit his public comments about the attacks during the ordeal. 

“One of the messages that he heard from law enforcement was one of the last things you do is give a killer a sense of empowerment in thinking that if he kills more people, he’ll be able to start communicating with the president of the United States,” Fleischer said. 

“So the president was guided by a desire to listen to law enforcement efforts to be circumspect so the killer could be caught,” Fleischer said. 

The spokesman said no evidence has been brought to his attention of a connection between the suspects and any international terrorist group. He would not comment on a potential motive for the crimes or any other evidence against the men. 

But he said Bush was relieved to see the crisis end.

The University of California at Berkeley Public Affairs Office is reporting that Thursday's single-alarm fire in a student housing building near the UC Berkeley campus at around 2:28 a.m. displaced four students. 

The fire at Cloyne Court, a private housing cooperative situated in the 2600 block of Ridge Road, one block off the north side of campus, was sparked by a burning cigarette, a spokesman said Thursday. 

According to the spokesman, the fire was extinguished by the building's sprinkler system. The water damage was extensive enough to temporarily displace two students residing in the room in question as well as two more living directly below. 

No one was injured during the fire.

DAVIS — Farmers and consumers with questions about the national organic food standards adopted on Monday can find answers through a University of California program. 

The program, known as Sustainable Agriculture Research and Education Program, is based at the University of California, Davis and its Website can be found at www.sarep.ucdavis.edu/organic/index.htm.  

The site provides links to the national rules for organic farming, allowed inputs, and pesticide alternatives that cannot be used by organic growers. 

“We know growers and consumers are looking for answers,” said Sean Swezy, the program's director. “Our program's Web site with its research and information databases can point them to specific resources.” 

A $100,000 grant from the California Department of Food and Agriculture, part of the “Buy California” Initiative, will allow the program to expand its Web site.  

The funding will also help develop organic production manuals for strawberries, olives, wine grapes, vegetables, artichokes and small-scale organic farming. 

The UC program funds organic research, coordinates county-level extension programs and collects information on organic farming inputs. The program has spent $2 million on organic farming research and another $4 million on other projects that support organic farming.

OAKLAND — The Alameda County Coroner's Office has identified a 22-year-old man killed in East Oakland late Wednesday evening. 

A coroner's spokesman said police discovered Oakland resident Omari Abeeku Locke's body in the 3300 block of Deering Street at Coolridge Avenue at around 8:50 p.m. 

At press time details surrounding the incident were vague, however an Oakland police spokesman says Locke's body appeared to have multiple gun shot wounds.

Commercial burglary 

Robbers smashed the glass door of a pizza restaurant on the 2200 block of Shattuck Avenue early Tuesday morning. Once inside, the robbers made off with the cash register, which contained approximately $100. 

Vandalism 

A resident on the 1700 block of Oregon Street reported that while he was standing in his kitchen, a suspect threw a glass bottle of gin through his front window shattering it. He did not see the suspect. 

– Matthew Artz

FREMONT — One of three men charged in the slaying of a 17-year-old Newark boy who sometimes passed as a girl pleaded innocent in Alameda County Superior Court in Fremont this Thursday morning. 

Attorney Robert J. Beles entered the plea in the courtroom of Judge Dennis J. McLaughlin as he stood beside his client, Jaron Chase Nabors, 19, of Newark, who was dressed in red jail garb. 

“The plea is not guilty to the charge of murder and adamantly denying the hate clause,” Beles said. 

The other two defendants, Michael William Magidson, 22, of Fremont, and Jose Antonio Merel, 22, of Newark, were also in court Thursday but did not enter pleas. 

All are being held without bail and are scheduled to return to court on Nov. 8. 

On Friday, the three men were charged with one count each of murder, along with a special hate-crime enhancement, in connection with the killing of Eddie Araujo. 

The alleged murder occurred at a party in Newark on Oct. 3 when it was learned that Araujo, who was dressed as a girl and went by the name “Lida,” was actually a boy. 

Sylvia Guerrero, Araujo's mother, reported her son missing on Oct. 5. Law enforcement agents unearthed the boy's body from a shallow grave in the El Dorado County wilderness east of Placerville on Oct. 16. According to court records, Nabors led investigators to the gravesite. 

Outside of the courthouse Thursday, Guerrero, flanked by family members, cried and held her hand to her chest as she read from a brief statement in front of a bank of microphones. 

“I loved my child beyond words,” she said. “I gave my child life and I simply cannot understand how anyone else thought they had the right to take the life which I gave him.” 

Attorney Gloria Allred of Los Angeles, who is representing Guerrero, said hate crimes should be of particular concern to the community because they represent an attack against someone based on factors over which a person has no control. 

“Eddie Araujo felt that he was a female trapped in a man's body,” Allred said. “In appearing as a female he was being honest about who he felt he was.” 

Beles, Nabors' attorney, said after the three-minute court appearance that he has seen no evidence so far that indicates that his client in any way participated in any physical attack on Araujo. 

“It's a tragic case,” he said in the hallway outside the courtroom. “When all the facts are in ... it's not going to be a pretty picture.” 

He reiterated, though, that his client is innocent of the charges against him. 

“There's not a shred of homophobia in my client's background or in his nature,” he said. “My client has no biases in that regard.” 

A funeral service for Araujo is scheduled for today at 2 p.m. at St. Edward's Catholic Church in Newark.

WASHINGTON — Rep. Nancy Pelosi, D-San Francisco, has raised and distributed tens of thousands of additional dollars to congressional candidates using a practice that campaign finance experts say could skirt federal limits. 

Pelosi, the Democratic whip and a leading advocate of campaign finance reform, raised and spent the money through two political action committees, known as leadership PACs. The PACs are called PAC to the Future and Team Majority. 

Several campaign finance experts said the second PAC would effectively allow Pelosi to get around limits in federal law. They said they are unaware of a politician using two leadership PACs and treating them as if they were unrelated to each other. 

PACs are considered affiliated — meaning they must adhere to limits as if they were one — when they are under the control of the same person. Federal law limits PAC contributions to candidates to $5,000 per election. Donors to PACs can give $5,000 annually. 

“Everybody’s saying they’re her leadership PACs,” said former Federal Election Commission general counsel Larry Noble, executive director of the Center for Responsive Politics. “If that means she controls them, then they’re affiliated. I’m not sure what else that could mean.” 

Pelosi’s PAC to the Future gave the maximum contribution to 26 Democratic candidates for Congress, including Assemblyman Dennis Cardoza in the San Joaquin Valley, according to FEC records. Her Team Majority then gave those candidates a total of $127,500 more, mainly in $5,000 increments. 

Sixteen donors, including San Francisco financier William Hambrecht, wrote $5,000 checks to PAC to the Future and gave an additional $5,000 to Team Majority. Five contributors gave to both PACs on the same day. 

But Pelosi’s political organization is proceeding as if the PACs are unaffiliated, noting that they have different addresses and different custodians, said former Lt. Gov. Leo McCarthy, the treasurer for both PACs. 

“I think we’re in compliance with FEC regulations. We made a good faith effort to make sure we went about this in the correct way,” McCarthy said. 

Pelosi’s office referred all inquiries about the PACs to McCarthy. 

McCarthy said an FEC analyst told him there was no impediment to setting up a second leadership PAC of which he would be treasurer. He said he did not ask for a formal opinion from the commission when he established Team Pelosi in the spring. 

He changed the name to Team Majority after the FEC told him leadership PACs cannot have candidates’ names in their titles. 

The existence of the second PAC was first reported by Roll Call, the Capitol Hill newspaper. “The main reason for the creation of the second PAC, frankly, was to give twice as much hard dollars,” McCarthy told Roll Call in its Wednesday edition. 

Later, in an interview with The Associated Press, McCarthy said the second PAC was designed “to stimulate contributions separately” from PAC to the Future. 

The key issue, said former FEC lawyer Ken Gross, is whether the PACs are affiliated. “The FEC’s anti-proliferation rules are specifically designed to prevent the proliferation of PACs to get around the limits.”

Stanford psychologist 

sentenced to 90 days 

PALO ALTO — A former Stanford University psychologist was sentenced to 90 days in jail Thursday and ordered to register as a sex offender after pleading guilty to having sex with two of his female patients. 

Ian Edward Wickram, 63, pleaded guilty earlier this year to one count of felony sexual exploitation of a patient. He admitted to having sex with two of his patients between April 2000 and February 2002. 

“Dr. Wickram seized on their vulnerabilities and exploited them for his own sexual gratification,” prosecutor Jeff Rosen said. “He did tremendous damage to these two women.” 

One of Wickram's victims spoke in court today. Her voice broke several times as she asked Santa Clara County Superior Court Judge Douglas Southard to give Wickram the maximum possible sentence for the physical and emotional damage he had caused her. 

Wickram's 90-day jail sentence came as a result of a plea bargain. After hearing the victim's testimony and testimony from the victim's boyfriend about the impact of Wickram's actions he voiced concerns about the possible leniency of the plea bargain. 

First S.F. black woman sworn in 

as Superior Court judge 

SAN FRANCISCO — Former prosecutor Teri Jackson is expected to be sworn in as a judge of San Francisco Superior Court on Thursday. 

Jackson is the first black woman ever appointed to the bench of the city’s Superior Court. 

She grew up in the San Francisco Bay area and served as a prosecutor for 17 years, first in San Mateo and later in San Francisco, before joining the law firm Orrick, Herrington & Sutcliffe LLP. 

At the San Francisco District Attorney’s Office, she led the misdemeanor, domestic violence, and homicide unit. While there, she also established the First Offender Prostitution Program. 

Jackson joined the law firm in 1997, and shifted the focus of her practice to civil litigation in the areas of employment, trade secrets, bankruptcy, the environment and real estate. She served as the lead trial counsel and handled all litigation matters in an environmental defense case involving California’s Proposition 65. 

Halloween display target  

of city ordinance 

MONTE SERENO — A huge Halloween display in the front yard of a house here is the target of a possible city ordinance that could limit the size and noise of holiday displays. 

Neighbors of Alan and Bonnie Aerts complain their neighborhood is disrupted by the many visitors who come to see the $15,000 Halloween decorations and the Christmas display that can add up to $120,000. 

This year the decorations include a dry ice display, flashing strobe nights and a giant floating spider. 

Alan Aerts was shocked to learn that the city would even consider placing restrictions on the ornaments.

Settlement reached with parents and fraternity 

PALO ALTO — A settlement has been reached between a Chico State University fraternity and the parents of a Palo Alto teen-ager who died in an alleged hazing incident in February 2001. 

Adrian Heideman was found dead two years ago in the Pi Kappa Phi fraternity house in Chico. Police said the death was the result of an alcohol overdose.  

Toxicology tests found that Heideman's blood alcohol was nearly five times the .08 legal limit for driving in California. 

Fraternity members at the time denied that Heideman had gone through any sort of hazing, saying he was never forced to drink alcohol, but officials and Heideman's parents disagreed, which led them to file the suit. 

The Chico State Pi Kappa Phi chapter has since disbanded. 

Three fraternity brothers pleaded no contest to a misdemeanor in connection with the teen's death in February 2001. They were sentenced to 30 days in jail and fined more than $600 each. 

In addition, eight members of the fraternity agreed to pay Heideman's family $500,000 in December 2001. 

Details of this latest settlement are being kept confidential. 

Flynt gets tax break 

GARDENA — Hustler Casino owner Larry Flynt asked the city for another tax break on his gambling hall and officials gave it to him. 

The City Council unanimously agreed Tuesday to increase the tax rebate Flynt is eligible for — raising the maximum amount Flynt can get from $250,000 to $500,000. The deal allows Flynt a rebate by “borrowing” taxes he pays the city. 

“Based on a review of the club’s financial reports, the need is there,” Councilman Paul Tanaka said. In early negotiations, Flynt wanted much more money so the $250,000 limit was set and subject to a raise based on quarterly reviews, the councilman said. 

Under the plan, Flynt may ask for as much as 4 percent of the tax money he pays Gardena each month on the clubs monthly revenue. The no-interest loan was not to exceed $250,000 and had to be spent on advertising and promotion. The new limit is $500,000. 

The deal expires when Flynt’s revenue exceeds $2.7 million each month and must be repaid at 1 percent per month based on the new gross amount. The loan will be excused if club profits do not exceed $2.7 million over five years. 

Flynt purchased the Eldorado Club in 1998 from a bankruptcy court, demolished the former structure at Vermont Avenue and Redondo Beach Boulevard and opened the Hustler Casino doors in 2000. It lost $2.5 million in its first year and Flynt asked for the tax break in December 2001. 

“In the long run, this benefits us because if his revenue goes up and remains there, it’s more money for the city,” said Chris Hach, Gardenas assistant city manager.

SACRAMENTO — Democratic Gov. Gray Davis had $12 million on hand as of Oct. 19 for the closing days of his re-election bid — 10 times as much as Republican challenger Bill Simon, according to campaign reports submitted Thursday. 

Davis has raised a record-breaking $67 million for his effort to win a second term. And new reports show he has spent $51 million this year, largely on a sustained statewide television campaign attacking Simon and defending his record in the face of low popularity marks. 

Simon, meanwhile, lent his campaign $1.25 million from his personal pocketbook Wednesday, bringing to $10.25 million the amount he has provided in loans for his election bid, records show. Originally, campaign officials said Simon would contribute around $2 million, but Wednesday they hinted the amount could be lower. 

His campaign has suffered several high-profile stumbles and he has been unable to draw the donations needed to match Davis’ mammoth campaign treasury. Simon reported having $1.2 million in cash available on Oct. 19, about enough for a weeklong statewide television advertising buy. 

According to the reports filed Thursday, covering fund-raising activity between Oct. 1 and Oct. 19, Davis spent $12.2 million during the two-week period compared to $5.4 million by Simon. Simon raised $2.5 million during that period, compared to Davis’ $3.5 million. 

Simon’s campaign aides early on said they expected to spend $60 million on his challenge, but current records show he has spent half that. And some major donations that the Simon camp hoped to receive have failed to materialize. 

For instance, reports show the Republican National Committee gave Simon $900,000. RNC officials had said they would provide between $1 million and $2 million. 

Meanwhile, Simon kept up his budget attack on Davis during a Southern California campaign swing Thursday, warning business leaders to “prepare for higher taxes if Mr. Davis is re-elected.” 

“Do not prepare for higher taxes if I’m elected,” Simon told about 300 people at a luncheon speech organized by the Long Beach Chamber of Commerce. He repeated a warning he first sounded in a speech Tuesday that Davis would raise taxes by more than $10 billion if re-elected. 

“I’m purely making a statement based upon my belief based upon Gov. Davis’ actions in the past,” he said, referring to a Davis budget proposal in May that included $3.7 billion in tax increases and other one-time adjustments to make up a $23.6 billion deficit. 

The Legislature never approved the Davis-proposed tax increase package, but instead used a complicated mix of borrowing, cutting, shifting funds and delaying spending and some tax breaks to balance the budget. 

Analysts have said lawmakers exhausted the easiest solutions and one-time cuts and likely will have to raise taxes or carve deeply into critical programs to make up an estimated $10 billion to $15 billion deficit next year. 

Davis campaign spokesman Roger Salazar called Simon’s criticism “rash statements” and said Davis has provided $4 billion in tax relief during his first term in office. “The governor has always said that his preference is to avoid tax increases.” 

Simon’s campaign day Thursday hit a snag when his natural fuel campaign bus broke down on the way from Long Beach to Los Angeles for a tour and news briefing at the Museum of Tolerance. 

Simon continued on to the museum in a sports utility vehicle that was traveling with his bus, a converted public transit vehicle from Ohio that reads “Bill Simon” on the side and “Fire Davis” on the back.

SACRAMENTO — A new television ad for Bruce McPherson, the Republican candidate for lieutenant governor, seems to concede that Democratic Gov. Gray Davis will be re-elected. 

The ad, which began running Thursday, complains that Lt. Gov. Cruz Bustamante, a Democrat, hasn’t been critical enough of Davis and suggests that voters should support McPherson “for balance.” 

The ad depicts Bustamante, the first California lieutenant governor to serve with a governor of his own party in 20 years, as a “slow, weak and timid” bobblehead doll on the dashboard of a car supposedly driven by Davis that ends up going over a cliff. 

“When Governor Davis took us down the wrong road, Bustamante went along for the ride,” an announcer says. “The man never said a word, not even when the governor was very wrong.” 

Then McPherson, a state senator from Santa Cruz, appears on the screen and says, “I won’t stay silent. I’ll speak up for California.” 

Ironically, one of the Bustamante’s most heavily publicized acts as lieutenant governor was to criticize Davis’ handling of an appeal of a court decision striking down most of Proposition 187, a 1994 anti-illegal immigrant initiative. 

A McPherson spokesman, Adam Mendelsohn, says the ad isn’t intended to imply that Davis will defeat GOP candidate Bill Simon. 

“The message of this ad is that Gray Davis consistently made bad decisions and Lieutenant Governor Bustamante sat quietly nodding his head all along,” Mendelsohn said. “Because the lieutenant governor is independently elected he has the responsibility to speak up when the governor makes mistakes like the energy crisis.”

SAN DIEGO — The last of three California condor chicks found dead this month died of unknown causes, officials said Thursday. 

Results of a necropsy performed on the chick at the San Diego Zoo were inconclusive, said Bruce Palmer, California condor recovery program coordinator for the U.S. Fish and Wildlife Service. 

The chick was found dead Tuesday in the Los Padres National Forest, just weeks after the remains of the other two birds were retrieved. The three were the first condors to be laid and hatched in the wild since 1984. 

Biologists are uncertain how the first chick died. The second died after it ingested a dozen bottle caps and multiple shards of plastic and glass it likely found in its nest. 

During the necropsy, a few pieces of either plastic or rubber were found in the gizzard of the third chick, but are not thought to have killed the bird, Palmer said. The birds probably mistook the objects for bone fragments, which they eat to provide much needed calcium, he said.

SAN FRANCISCO — One year ago, attorneys emerged from a California judge’s chambers and announced a historic, pro-consumer settlement of a lawsuit accusing Ford of producing millions of defective vehicles prone to stalling. 

But not one consumer has benefited from the accord, which at the time of its Oct. 25, 2001 signing was thought to have ended seven years of combative litigation between the Dearborn, Mich., automaker and lawyers hellbent on suing Ford and protecting the public. 

Instead of reimbursing its customers who paid or will pay about $200 to replace thick film ignition or TFI modules that fail, as the agreement requires, Ford and plaintiffs’ attorneys are defending their settlement before a state appellate court here. 

Attacking the settlement, which could cost Ford more than $2 billion, are attorneys who did not participate in the case but are nevertheless objecting to the deal on the grounds it jeopardizes public safety and should be redrafted. 

Among other complaints, the objectors say the deal allows some 12 million Ford vehicles — that could stall at any time — to remain on the nation’s roads. 

Yet Ford and the attorneys suing the company aren’t budging on their deal. 

They say the deal was the best result given that Ford has repeatedly denied it sold defective vehicles, and was willing to challenge in the courts any findings that its vehicles were defective. 

A California judge ordered that 12 million Ford vehicles be recalled after concluding they were defective. 

Last year’s settlement, which nullified the recall, came two months after it was reported that at least 11 deaths and 31 injuries were blamed on stalling Ford vehicles and the disclosure of internal Ford memos showing the automaker had evidence its ignition design could make hot engines suddenly fail. 

The lawsuit challenged Ford’s placement of the TFI module, which regulates electric current to the spark plugs. 

From 1983 to 1995, in 29 models, including the popular Taurus, Mustang, Escort and Ranger, the ignition module was mounted on the distributor near the engine block, where it was exposed to high temperatures. According to internal documents, Ford had designed it this way to save up to $2 per vehicle and increase fuel economy. 

Without the agreement, Ford would have appealed the unprecedented recall order, and each side was not willing to wait years for a final decision that would make or break their case, lawyers connected to the case say. 

Jeff Fazio, the lead attorney here who sued Ford and agreed to settle, has defended the deal since it was signed as a compromise a year ago. 

He said the real motivation behind the objecting lawyers is they want a piece of the $22 million in attorneys fees the deal awards to Fazio and the other lawyers who sued Ford. 

“It’s shakedown time,” he said. He is urging the 1st District Court of Appeal to promptly dismiss their objections, and he has refused to settle with the objectors out of court. 

No hearing has been set. 

Berkeley attorney Lawrence Schonbrun asserts the deal leaves intact the same safety hazard that Fazio and other attorneys were fighting to get rid of — 12 million alleged faulty vehicles on the roadways. 

Fazio at one time fought to have the vehicles recalled and Judge Michael Ballachey obliged. Ballachey declared Ford was living in an “Alice in Wonderland” dreamland for denying the hazards its vehicles posed. 

In the end, both sides capitulated on fears that Ballachey’s unprecedented recall order might be overturned by the courts or take years to be affirmed by them. 

The backroom deal, in which Ballachey labeled a “reasonable compromise,” requires Ford to reimburse current or former Ford owners who paid or will pay for a new TFI ignition device if the car stalls and was under 100,000 miles. 

Schonbrun said it’s only time before somebody else is killed or maimed by a stalling Ford. 

“It makes no sense to me to leave these cars on the road in light of all that class counsel has said about them without having these modules replaced,” Schonbrun said. 

Ford said it isn’t willing to revisit the settlement. Richard Warmer, Ford’s attorney, said the objectors ignore that Ford denies the TFI modules are defective and, therefore, would never agree to recall them. 

“Their arguments derive from an imaginary world in which plaintiffs’ allegations are not in dispute,” Warmer said. 

If the appellate court nullifies the settlement, protracted litigation may begin anew. 

To avoid that uncertainty, public safety groups have signed off on the accord. 

“Would we have liked to get a recall? Sure,” said Clarence Ditlow, who heads the Center for Automotive Safety in Washington, D.C. “It’s not a perfect world.”

SAN FRANCISCO — California regulators fined phone giant Qwest Communications International Inc. and a subsidiary $20.3 million Thursday for switching thousands of Californians’ long-distance service without their permission. 

On a 5-0 vote, the Public Utilities Commission ruled the marketing activities of Qwest and LCI International Communications violated the state’s public utilities code. 

“This company fixed the system only after regulators started investigating,” PUC President Loretta Lynch said. 

The PUC found that Denver-based Qwest “slammed” thousands of Californians by failing to adequately supervise sales agents.

NEW YORK — Profit-takers rushed back to Wall Street Thursday as disappointing news from International Paper and Duke Energy stirred fears that stocks won’t hold gains from their two-week surge. The Dow Jones industrials slid more than 170 points. 

Investors shrugged off an encouraging jobless claims report and gave back gains from earlier in the session. Analysts said doubt lingers about the market’s long-term recovery. 

“There are a few negative earnings things coming out,” said Ed Peters, chief investment officer at PanAgora Asset Management Inc. “But a lot of it I think is profit-taking. The market has come a long way in a short time period, and we can’t be certain that’s justified.” 

The Dow Jones industrial average fell 176.93, or 2.1 percent, to close at 8,317.34, after gaining 44 points Wednesday for its fourth advance in five sessions. Earlier in the day, the blue chips rose as much as 64 points. 

The broader market also finished lower. The Nasdaq composite index declined 21.52, or 1.6 percent, to 1,298.71. The Standard & Poor’s 500 index dropped 13.64, or 1.5 percent, to 882.50. 

The Labor Department reported Thursday that new claims for jobless benefits fell last week by a seasonally adjusted 25,000 to 389,000, the lowest point since Oct. 5. That came after a gain in claims in the previous week, and offered investors some hope of an improving job market. 

Dow components General Electric, which dropped 90 cents to $26, and International Paper, which fell 90 cents to $36.84, on a brokerage downgrade from Prudential.

Postal carrier caught dumping mail 

BOSTON — A former postal carrier pleaded guilty Wednesday to dumping more than 1,000 pieces of mail into a Framingham pond. 

Patrick T. Doyle, 21, of Framingham, pleaded guilty in federal court to one count of destruction of mail by a postal employee. 

Doyle delivered about half of the mail on his route April 3, and wrapped the remaining trays with tape and tossed them in Macomber Pond, prosecutors said. 

The part-time letter carrier was fired in April after postal officials investigated residents’ reports of seeing mail floating in the man-made pond. 

More than 50 people did not receive their mail on April 3 as a result of Doyle’s actions. 

Sentencing was scheduled for Jan. 16. Doyle faces a maximum of five years in prison, followed by three years of probation and a $300,000 fine. 

Fall colors get a late start 

BURLINGTON, Vt. — It’s getting toward the end of October and Vermont’s trademark fall foliage, usually on the ground by now, is still brilliant in many parts of the state. 

The fall colors had a late start this year. The leaves are making up for the delay by staying on the trees a lot longer than normal. 

The late color is a boon to late-season tourists. 

“There are still tourists around,” said Diane Konrady of the Vermont Department of Tourism and Marketing. “We’ve been trying to put out the word that it’s lasting a bit longer this year.” 

State tourism and forestry officials report good color in the Champlain Valley and lower foothills across the state, from Bennington to Burlington and on the east and west. 

Although the colors are fading, Konrady said, she expects some to hang on through this weekend and possibly until Halloween, barring heavy rain and wind. 

This is one of the latest foliage seasons Konrady can recall, she said. 

State officials have been working to promote the state’s late-season color, Konrady said. 

Two regional associations reported strong tourist business this past weekend, even though the Columbus Day holiday typically is the pinnacle of foliage season.

OAKLAND — Chris Baty doesn’t want you to write the Great American Novel. He’s not even asking for the Halfway Good American Novel. Go ahead, write a book so bad it’s criminal. Just make it at least 50,000 words long, and in language of your choice. 

Oh, one other thing. Get it done in 30 days or less. 

Baty is founder of National Novel Writing Month, an Internet writing endeavor now in its fourth year that is expected to send thousands of would-be prose pros into creative hyperdrive on Nov. 1. 

The premise: Everyone really does have at least one book in her or him. The precept: No plot? No problem! 

“Let’s write laughably awful yet lengthy prose together,” Baty invites participants in his disarming Web site come-on. 

The idea, he explains, is that pumping out prose at high speed overrides the deadly second-guessing that keeps many a would-be writer, and even some successful ones, from typing word one. 

“Once you pry that delete key off the computer it really enables you to tap into your creativity,” he says. 

A free-lance writer living in Oakland, Baty came up with the nimble novel concept in 1999, when he was abuzz with the caffeinated high of just finishing a big magazine project. Like so many others, he had wanted to write a novel, but was intimidated by the effort. On the Web site, this is known as the one-day novel. As in, “One day I’ll write a novel.” 

Baty started wondering about what would happen if novel writing were turned into a social activity that would only last a month and “then we could be novelists and talk about our work at parties.” 

Twenty-one people signed up the first year, 140 the second. Then, last year, it was near-disaster as newspapers and bloggers (Web loggers, or writers of Web diaries) discovered the contest. 

Suddenly, thousands of people showed up at Baty’s not very sophisticated Web site, forcing him to press friends and relatives into the wrist-bending process of manually entering participant data. Ice packs were needed. 

Adding insult to carpal tunnel injury, a programming slip-up allowed hackers to get in and put up a photo of a scantily clad young lady and a rude message. “That was sort of my welcome to the big time,” says Baty. 

This year http://www.nanowrimo.org has a nifty new design and an automated sign-up system that Baty expects will be able to handle the anticipated 6,000 or 7,000 participants. 

NaNoWriMo has brought Baty a measure of fame, but not too much cash. So, this year he’s suggesting a $10 donation per entry. 

To “win,” you write 50,000 words or more, which are to be counted by an automated program — Baty has a purple prose protection policy, promising that no human will actually read the submitted works. 

Friends do let friends read NaNoWriMo novels, and Baty has found “some surprisingly passable, some impressively adequate, none ready for publication.” 

Frequently asked questions: 

—Has anyone managed to get a NaNoWriMo novel published? Some have self-published or posted their work on the Internet and at least one, Jon Merz, has a NaNo novel, “The Destructor” coming out from Pinnacle Books next March. 

—Has anyone famous participated? It appears not, although Baty is not averse to the idea of starting a rumor to that effect. After all, who, really, is evilwizard29? 

—Can NaNoWriMo help you get your finished novel published? No. “Our connections to the publishing world end at Kinkos.” 

Among those who signed up last year was Lauren Ayer, a San Francisco Bay area writer. Ayer, who has a day job writing copy for Internet sites, was struggling with an idea for a novel and looking for a way “to just blast through the story.” 

The first week went well. The second week didn’t. “All of a sudden all the words dry up. You’ve lost your train of thought. You have no idea. The plot’s not working. The characters don’t do what you want to do.” Then, at the end of the second week, the fog cleared and by Nov. 25 she had a 48,000-word novel. A true pro, she padded to get to 50,851. 

She put the novel away for a month. Then she took it back out and immediately began rewriting. “It was appallingly bad, especially at the beginning.” A year later, Ayer is close to finishing her book, “Wake,” the story of what happens to a group of friends after one of them dies. She hopes to shop the book to an agent. 

Ayer, who is game for another go-round this November, was making a lightheartedly serious attempt at fiction. Other participants go for the seriously lightweight. As one poster to a NaNoWriMo forum recently put it: “Is smut a genre?” 

Among last year’s entries: “Sing Paramecia Sing” and “So I Married a Ninja.” 

Adair Lara, who writes the old-fashioned way, took four years to live through, and four more years to write, a memoir of her daughter’s adolescence, “Hold Me Close, Let Me Go.” But Lara, who teaches writing classes and writes for the San Francisco Chronicle, doesn’t scoff at the verbosity-over-virtuosity approach. 

“Anything that can get a person to write 50,000 words in a month is fabulous,” she says. “The words will have to be completely rewritten, but so will 50,000 words written over a year.” Writing fast and focused “overcomes the paralysis of writer’s block and the need to clean your apartment.” 

So this November, let others brine turkeys, make pilgrim place cards and stir up the toxic concoction of family and togetherness. 

Baty and his followers will be lugging laptops to coffee shops and locking themselves into rooms with no view save the pale glow of a computer screen, tapping with reckless rapture. 

You can make book on it.

LOS ANGELES — It was one of the most important decisions for the California Fish and Game Commission in 10 years. Yet President Mike Flores and Commissioner James Kellog weren’t there. 

The governor-appointed commission ended four years of debate Wednesday when it declared more than 100 square miles of ocean around the Channel Islands off-limits to fishing. The move creates one of the largest marine reserves in the country. 

But the reserves won with support from only two of the five members, leading some angry fishermen to question the process. 

Neither Flores nor Kellog could be reached for comment despite repeated attempts made by The Associated Press. 

The Fish and Game Commission post is a six-year, part-time assignment, with commissioners earning a maximum of $500 a month and meeting about 25 times each year. The commissioners, who all also work full-time, set the state’s fish and game policy. 

Commissioners Bob Hattoy and Sam Schuchat voted in favor of the reserve. Both were appointed by Gov. Gray Davis, as were the two absent commissioners. Mike Chrisman, who was appointed by former governor Pete Wilson, voted against the proposal. 

Flores, who is Secretary of Foreign Affairs for Davis, was sick Wednesday, said Steve Maviglio, a spokesman for the governor. 

“He’s back at work here today,” said Maviglio on Thursday. “It’s ridiculous for the governor to comment on a member of an individual commission who was sick.” 

Flores did not attend a hearing Thursday in Crescent Mills in Northern California. 

Kellog is a top union representative for the United Association of Journeyman and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada.

NEWPORT BEACH — The son of Britain’s top judicial officer was sentenced Thursday to 16 months in state prison after pleading guilty to stalking the boyfriend of a woman he met in a tanning salon. 

In a negotiated plea, Alastair Irvine, 25, pleaded guilty to one felony count each of stalking, burglary and vandalism, two felony counts of making criminal threats and one misdemeanor count of having a concealed weapon. 

Irvine is the son of Lord Chancellor Alexander “Derry” Irvine, head of Britain’s judiciary and a senior member of the government of Prime Minister Tony Blair. 

Authorities said Alastair Irvine became infatuated with the 19-year-old woman, telephoning and showing up at the salon, even though she repeatedly told him she wasn’t interested and had a boyfriend. Irvine threatened the boyfriend and threw acid on his truck in June, causing $5,700 in damage, prosecutors said. 

In England, where the case has received widespread publicity, the lord chancellor’s office has confirmed media reports that the younger Irvine underwent treatment in the United States for drug addiction.

LONG BEACH — Nurses who staged a one-day strike at Long Beach Memorial Medical Center were barred from the hospital Thursday and replaced for five days by contract workers. 

Dozens of registered nurses were turned away by security. 

They will be allowed back to work Monday morning, said Dr. Gainer Pillsbury, hospital medical director. 

“We think it is horrible that the hospital made the decision to prevent ... nurses from caring for their patients,” said Charles Idelson, spokesman for the California Nurses Association, which represents the nurses. 

The hospital had about 500 patients, who were receiving “excellent care” from replacements, he said. 

About 480 replacement nurses were hired from a nursing service to cover during Wednesday’s strike, but their contract requires they work for five days, Pillsbury said. He put the cost at up to $2 million. 

About 1,000 of the hospital’s 1,300 nurses struck. They want a guaranteed pension plan protected from stock market fluctuations. 

Pillsbury said the hospital wants more information on the details of the plan before committing to it.

The University of California made a comprehensive contract proposal to its roughly 1,600 lecturers Wednesday in an aggressive bid to end a 2 1/2-year-old labor dispute over job security, wages and arbitration procedures. 

UC gave the University Council-American Federation of Teachers, which represents the lecturers, until Friday to respond to the offer. Union officials, reached Wednesday, had not yet reviewed the proposal. 

The university and union took part in a state-mediated negotiating session in Sacramento on Monday and Tuesday. The university informed the union Tuesday that it was prepared to issue a comprehensive settlement, according to union President Kevin Roddy. 

But Roddy chastised the university for putting forth a full settlement rather than continuing to negotiate a mutually beneficial contract. 

“We really feel this is a betrayal,” he said. “We were still handing them articles to look at.” 

University officials defended their actions. 

“We’ve been bargaining for two years and we think that’s more than sufficient time to discuss the issues,” replied university spokesperson Paul Schwartz.  

Schwartz would not speculate on what UC would do if the union rejects Wednesday’s contract offer. “We’ll cross that bridge when we get there,” he said.  

One option the university would have is declaring an official “impasse” in negotiations. If the state determines that a true deadlock exists, it would begin a “fact-finding” process and recommend a contract to both sides. If the university and union reject the state solution, the university would have the power to impose a final contract. 

University lecturers, unlike professors, cannot get tenure. They operate on one-year contracts until they complete six years of service. At that point, they are eligible for a three-year contract. 

The university hires lecturers to focus on teaching courses, while tenure-track professors are expected to spend significant portions of time conducting research. 

The university’s two-year contract proposal includes an increase in minimum salaries for lecturers from the current $28,968 to $35,868 for those with less than six years experience and $40,200 for those with more than six years experience in 2002-2003. The salaries would increase by about $1,500 in 2003-2004. 

Union negotiator Rebecca Rhine said the increase would affect only a small number of lecturers who make less than the proposed $35,868 minimum. 

Rhine said the union has asked for about $2,000 more in all salary categories and claimed that the $2,000 jump would affect more lecturers on the lower part of the pay scale. 

Schwartz said he could not confirm how many lecturers would be affected, but argued that a $7,000 jump in minimum salaries marks a significant upgrade. 

The university, in a press release, said that the new contract also included improved job security for lecturers with more than six years experience and expanded eligibility for health and retirement benefits. 

Because union officials had not yet reviewed the latest offer Wednesday, they could not comment on the job security and other measures. But, they said if the Monday and Tuesday negotiating sessions are any indication, they are not confident about the university proposal. 

Contact reporter at scharfenberg@berkeleydailyplanet.net

To the Editor: 

Recent letters by Randy Silverman and George Azar support the need for continued rent and eviction controls, in spite of overwhelming evidence that Berkeley-style rent control was poorly written and suffered from radical administrations that actually jeopardized tenants rights. Azar's view of the “disaster” years of 1990 through 1994 was so misleading it reminded me of public school textbooks in Germany that essentially viewed history as something that began after 1945. 

Azar claims that the moderate backed rent board (1990-94) “caused unprecedented renter hardship.” Nothing could be further from the truth. Rent control was under close scrutiny by the courts after a 1990 decision revealed incompetency at its highest level and the courts ordered the rent board to correct the mistakes brought on by the radically controlled board that prevailed throughout the ‘80s. 

The moderate-backed board that Azar condemns, passed court-ordered and voter mandated increases and, in so doing, saved rent control from further constitutional scrutiny and elimination. The moderates also revived Berkeley's rental housing stock and revitalized Berkeley's neighborhoods and tax base. Those are major accomplishments that are anything but disastrous. 

Rent control never addressed the needs of the low income people which it was supposedly written to protect, since there were never any income guidelines or means testing measures. As a result, anyone could – and did – benefit from Rent Control, including higher income tenants who did not need it. Silverman states that most beneficiaries of rent control are not yuppies, yet he nor any of his contemporaries have ever commissioned any study of the true benefactors of rent control, for fear of revealing the facts. 

Rent control as a matter of public policy has so many flaws it could be the subject of a master's thesis. In fact, a 1989 dissertation by Michael St. John proved that rent control cost Berkeley more than $200 million in lost tax revenues. The special assessments that make up the majority of today's homeowner property tax bills are specifically needed to replenish the coffers that rent control depleted.  

Leon Mayeri 

Berkeley

Cal Performances is a Bay Area treasure. Last year it presented, among other riches, Yo-Yo Ma and Mikhail Baryshnikov, and this season it offers Mark Morris and Merce Cunningham, the Abbey Theater and Robert Lepage, the Kronos Quartet and Sarah Chang, Pat Metheney and Dianne Reeves. Pretty impressive, and that’s not half of a list that comprises talent from Argentina, Senegal and Africa. 

Culturally rich and artistically diverse, Cal Performances is one of the best music/drama/dance series in the United States, so thanks to director Robert Coles and his team – and happy 97th birthday, too. 

The trio of dances showcased at Zellerbach Hall last weekend was a good example of the richness the series has. Challenging and inventive, the dances were performed by the Bill T. Jones/Arnie Zane Company, with accompaniment by the Chamber Music Society of Lincoln Center. 

The collaboration fused in classy style. 

Jones and his partner (who died some years ago) founded their troupe in 1982. Heaped with honors, it’s become known for a blend of dance and theater, but also for a deeper-than-usual connection to the music that inspires it. In choreographer Jones’ work, the musicians sometimes interact onstage with the performers; and in describing one piece, Jones tells how, to get his troupe closer to the music, he made them create movements suitable to each musical line: cello, viola, violin. 

The result is complex and fascinating and, yes, sometimes perplexing. (Jones’ work has its Merce Cunningham side.) The first dance of the evening was the taut but airy “Verbum” set to Beethoven’s Quartet in F major, played with sprightly precision by the Orion String Quartet. It began with a woman in a silvery leotard strolling casually as the musicians tuned up. Others joined her, doing handstands and stretches, tuning up too; clearly Jones wants to remind us that the body is also an instrument. The piece was performed in a happy mode with the help of three amusingly wiggly Jean Dubuffet-like sculptures. The dancing was loose-limbed and playful, the performers grinning as they rode the music’s line. Fingers played an important role, mischievously poking, making imaginary pistols that were thrust into make-believe holsters, jabbing pointedly at the ground, as if to say, “Here’s where it happens!” The highlight was Malcolm Low’s solemn yet sweet third movement solo. 

The second work was “World II (18 Movements to Kurtag)” set to rhythmic contemporary music by Gyorgy Kurtag, played with verve by members of the Chamber Music Society Two. Here nine dancers, in white costumes edged with black, moved with cool self-possession, sometimes cooperatively, sometimes aggressively, sometimes pausing in hieratic stillness. Jones is very modern, and as exciting as modern dance can be, without the discipline of form it can fall apart, and “World II” seemed awfully busy and went on awfully long, as if Jones were so absorbed in inventing, he forgot to shape his work. For this viewer it was like trying to read hieroglyphics without a Rosetta Stone. 

Happily the final offering, “D-Man in the Waters,” made up for these frustrations, with a resoundingly clear meaning: fun in the water. Performed to the happy rush of Mendelssohn’s Octet for Strings in E-flat major, it began with a flood of dancers in sea green, making loops and wiggling hands, like an eager school of fish. Its witty exuberance – swimming and diving and slow-mo crawls through the deep – brought the audience to its feet. It featured an epigraph: “In a dream you saw a way to survive, and you were full of joy.” The water-play stands for that joy, and it bespoke it nowhere better than in the breathtaking final moment, when one dancer was flung by the rest into the air before he plummeted back into their waiting, saving arms. 

For tickets to future Cal Performances events, call 642-9988.

Ever see a pride of lions go after a downed gazelle? How about sharks in a feeding frenzy? Try watching the Cal defensive line go after a quarterback. 

Watch ends Tully Banta-Cain and Tom Canada speed around offensive tackles like they were lampposts. Take a peek at the Bears’ defensive tackles, bulling their way into the pocket. Look at Josh Gustaveson and Jamaal Cherry, fighting past blocks to maul the passer. 

So far this season, Cal’s defensive linemen have recorded 23 1/2 of the team’s 26 sacks in eight games. Now compare that to last season, when the entire defense managed just 25 sacks in 11 games. Looking for the key to the Bears’ turnaround this season? We may just have found it. 

“It’s great to watch the tape every week and see our guys getting off the ball so well,” head coach Jeff Tedford said. “I really believe that our depth is helping us by keeping guys fresh throughout the game.” 

Ah, depth. Not something associated with Cal football for the last few years. But this year’s line is so deep, some talented players hardly ever get on the field come game time. Junior college transfer Monte Parson has played only a few snaps this season, but even he managed to take down a quarterback in his limited action. 

In all, eight defensive linemen have recorded a sack this season, and that list doesn’t include starting tackle Daniel Nwangwu or backup Lorenzo Alexander, probably the most talented of the interior linemen. There are big-play guys and pluggers, no-names and touted recruits in the group that has been the most productive in the Pac-10 this season. 

First-year defensive line coach Ken Delgado said before the season he hoped to play his starters the majority of the time, both to put his starters in a comfort zone and to give more value to winning the job. But with such a deep group Delgado has started rotating his players more liberally, with good results. 

“I think [Delgado] has realized that we can win with any of our D-linemen,” Banta-Cain said. “He needs all of us to get the job done. You have to make the best of the opportunity when you’re in there.” 

The Bears have had different heroes step up seemingly every week. Banta-Cain, a pass-rush specialist, came up with four sacks against New Mexico State, a game in which Alexander blocked a punt. Canada was Pac-10 Defensive Player of the Week following last Saturday’s 2 1/2 sack, two forced fumble performance against UCLA, while Jamaal Cherry came up with a key field goal block. Cherry had 2 1/2 sacks in the road upset of Michigan State, and the line combined for five sacks in a defeat of Washington.  

In the pass-happy Pac-10 Conference, putting pressure on the opposing quarterback is the key to winning, and the Bears have done so with consistency and fervor. UCLA finished last week’s game with its top two quarterbacks sidelined by injuries, both coming from hits by the Cal defensive line, and the Bears have racked up at least three sacks in six of their eight games. 

Banta-Cain is the most recognizable of the linemen with his exceptional speed off the edge, which will likely get him drafted into the NFL this spring. The team leader with eight sacks this year, the same number he had last season, the senior also has 14 1/2 tackles for loss and three forced fumbles. Canada is similar, a speed rusher who tries to get around offensive linemen rather than through them, and he has six sacks and three forced fumbles despite missing three games due to an academic issue. Gustaveson and Cherry both have 2 1/2 sacks, while tackle Josh Beckham has two. 

But despite their improved individual numbers, the linemen agree that the team’s overall improvement is more important. 

“It’s more satisfying when everyone can contribute to a win,” Banta-Cain said. “I can’t explain how good it feels to be winning all these games.” 

Even the guys with a zero in the all-important sack column were glowing after beating UCLA. 

“I’m still missing that sack everyone else has, but I’ll take the wins instead,” Alexander said. 

Notes: Tedford apologized Tuesday for remarks made concerning wide receiver Chase Lyman last week. Tedford said last Tuesday he thought Lyman was healthy but the junior was reluctant to use a year of eligibility for less than half of a season. Tedford said this week Lyman is still hampered by the hamstring injury that has kept him out all season. “It’s a lesson well-learned,” Tedford said. “I shouldn’t leave a player alone on an ilsand like that.”

Police, sewers, infrastructure. These may not be the issues that Berkeley residents care to ponder over coffee, but these are the issues candidates are bringing to the forefront of the 4th District City Council race. 

Dona Spring, a 10-year incumbent and one of council’s most doggedly progressive members, faces two active challengers in the district, which encompasses the downtown and its high-maintenance logistical framework.  

One challenger is Bob Migdal, a former Rent Stabilization Board commissioner, who is supported by the council’s moderate wing. Laid back and self deprecating, Migdal defies most labels. A tax attorney, that has driven a taxi in San Francisco for nearly 20 years but gets around Berkeley mostly on bike, Migdal considers himself a “numbers freak,” who can help tame council spending in the face of mounting city deficits. 

The other competitor hails from Spring’s Green Party. LA Wood, a Community on the Environment commissioner, is running as an independent. Wood, a self-described environmental watchdog, has spent much of the last 12 years learning the nuts and bolts of Berkeley infrastructure and says he can bring real world know-how to council. 

“It helps to understand the physical world, to have the ability to read a blue print and understand it,” said Wood, who previously worked in construction and now owns a video company. 

A fourth candidate, David Freeman, did not return telephone calls or e-mails from the Daily Planet. 

The only Green Party member ever elected to City Council, Spring has been an advocate for local environmental and international justice concerns during her tenure on the council. Among her accomplishments are banning cigarettes from playgrounds and protecting city trees from removal. 

But her opponents say her interest in big picture issues has resulted in neglect of the 4th District, a charge Spring denies. 

“Ninety-nine percent of what I do is for the district,” she said, noting that she continuly meets with neighborhood groups to discuss district concerns. “I don’t see them reaching out to work with people to solve problems.” 

Spring, a graduate of UC Berkeley who worked for several nonprofits before joining council, said she, unlike her opponents, has worked with community members to solve problems. “Pick any issue, and I have more experience,” said Spring. 

Wood, however, claims he has dedicated much of the past 12 years trying to make Berkeley a safer place. “The difference,” Wood said, “is that Donna gets paid for what she does and most of what I do is on my own time and dime.” 

Deflecting claims that he is a loner who would be ineffective on council, Wood said he has worked successfully with both council factions and that he offered an alternative to factional politics. 

Migdal also stresses his independence. He is the only candidate to support Measure P – the ballot initiative lowering allowable heights for new developments – and has criticized council for giving city employees too many concessions during recent contract negotiations. 

Spring’s challengers also oppose her ambitious environmental infrastructure project for the district: the unearthing of Strawberry Creek at Center Street and the construction of an adjacent environmentally-friendly hotel and convention center. 

Spring, though, said the plan would be an economic boon for the downtown area, but Migdal said the plan highlighted Spring’s refusal to deal with harsh budget realities: “It’s going to cost $2 to $4 million. They don’t have the money to do it.”  

In addition to opposing the creek project on fiscal grounds, Wood argued that the plan would not have the environmental benefits that Spring envisions. “I’m only in favor of daylighting creeks if it restores habitat. A concrete channel downtown is only a water enhancement.” 

Migdal also harped on the condition of district roads and sewers. He said that, given an $850,000 transportation budget, the number of potholes on city streets seemed “fishy.” 

Spring agreed that repair work was needed, but said the current $2.1 million budget deficit hinders efforts to make improvements.  

One problem all three candidates acknowledge is crime. According to police statistics, burglaries and robberies have increased throughout the district. Migdal and Wood both say the solution is to compel police to deploy officers who are familiar with the neighborhood. “There is no community policing,” said Migdal who noted officers are rotated frequently. Wood agreed. 

Spring said she supported a multi-departmental strategy for dealing with crime. She identified a recent city policy of using zoning officers to condemn troubled, crime-ridden property as an important step in fighting neighborhood crime. 

Traffic and parking problems also plague the district, according to the candidates. On weekdays, a crowd of city and UC Berkeley workers flood the area, clogging up roads and parking spaces. 

Wood said Berkeley needed to do a better job of working with the university to manage traffic problems. He said the council has failed to form a partnership with university officials to discourage car use. 

Spring said she has requested that the university provide free bus passes to workers. The university only gives workers monthly discounts. She added that she supported the construction of more parking spaces, but her efforts to add underground parking at new downtown art theaters and Berkeley High School buildings have been rejected by council. 

Migdal said he supported construction of new lots above or below ground. “We need parking so people can shop at businesses,” he said. 

Increased traffic downtown has also led to concerns about pedestrian safety. Spring and Wood support a ballot measure to raise $10 million for new safety devices including traffic circles and pedestrian-operated traffic lights. Migdal said the measure would be a poor allocation of resources. “There is only so much money in a community,” he said noting that a recent study showed Berkeley was actually the second safest city in the state for walking. He added that traffic circles were dangerous because drivers often get confused when confronted with them. He would like to see more stop signs to help slow traffic.

To the Editor:  

I and many other neighbors for whom San Pablo Avenue is our main street, support additional housing and new development along the avenue, but differ with the scale implicit in Mr. Freeman's letter (Forum, Sept. 28). He appears to misunderstand neighborhood concerns about 2700 San Pablo Ave., civic planning and the vision of Berkeley’s height initiative. 

The city’s General Plan's first goal is to “preserve Berkeley's unique character and quality of life.” It notes that to “preserve Berkeley's character, it is essential that in-fill development be sensitively designed and thoughtfully planned to fit in with the existing built environment.” While quality of life can certainly be polished along San Pablo Avenue, the avenue's character is low-rise, not mid-rise.  

Citizens have already articulated their expectations for San Pablo Avenue in the West Berkeley Area Plan (1993), which specifically foresaw “eight housing development sites with 152 units in three-story mixed-use buildings on San Pablo.” This three-story scale is at the “high” end of the scale of buildings along the avenue, but a reasonable scale nonetheless. The plan also sketched out a design concept for the avenue that focused greater building intensity at major intersections, designated as ‘nodes.” The city neglected to implement this design in ordinance. The University Avenue Strategic Plan (1996) went on to elaborate on this same concept – a plan the city entirely forgot to implement.  

Measure P, the height initiative, seeks to establish heights that would, through the encouragement of affordable inclusionary housing, promote buildings of 3-4 stories along major avenues in keeping with their individual character. 

Daniele Spellman  

Berkeley 

OAKLAND — With perspiration glistening on his forehead, Ron Owens is pacing in front of a class full of recently paroled men and women, describing how he adopted the “hip, slick and cool” persona when he was 13. 

The accompanying lifestyle, which he said involved squeezing “the maximum amount of profit with the least amount of effort,” led to drug abuse, crime and ultimately time behind bars. 

Now Owens works as a community liaison with the Oakland Mayor's Office and is a motivational speaker in the Parole and Corrections (PACT) program, which offers parolees “everything they need” to successfully reenter society. 

He is featured in a one-hour documentary chronicling the PACT program, a film that includes scenes of Owens at work in front of a class. 

In 1999, Oakland, home to 2,600 parolees, and the California Department of Corrections entered into a partnership designed to facilitate the reintegration of parolees back into the community. The result of this joint effort was the PACT program. 

“Home and Almost Free: The Changing Face of Parole,” showcases the program, which offers parolees a range of services, including job training, education, and treatment for substance abuse. 

“Just because you are on parole, you are not free,” Owens reminds his audience in one classroom scene. “Parole is just a lower level of custody.” 

Ashley James, director of the documentary, said the video captures a model program in action. 

“PACT creates options beyond the $200, handshake and pat on the back that parolees heretofore received upon release from incarceration,” he said. 

In the final scene of the documentary, Dwayne Cooks, also a speaker in the PACT program, implores the parolees to take advantage of the services available to them. 

“Stay home y'all, stay home,” he says. 

The documentary will be shown at a free screening at the Grand Lake Theater on today at 5 p.m. A question-and-answer session will follow.

SAN FRANCISCO — Just in the nick of time, the San Francisco Giants solved the Kid. 

David Bell hit a tiebreaking single off rookie sensation Francisco Rodriguez in the eighth inning and the Giants rallied past the Anaheim Angels 4-3 Wednesday night, tying the World Series at two games each. 

Somehow, the Giants slowed down Anaheim’s persistent hitters. And then, the biggest surprise of all: They broke through against Mr. Unhittable and posted San Francisco’s first Series win at home since 1962. 

“I was just trying to get a pitch over the plate I could hit hard,” Bell said. “He has great stuff and he’s been doing a good job.” 

Rodriguez had blown away all 12 San Francisco hitters he faced in the Series until J.T. Snow singled to start the eighth. Snow moved up on Bengie Molina’s passed ball, but stayed put when first baseman Scott Spiezio made a sensational, diving catch on Reggie Sanders’ foul bunt. 

But Bell became the latest son of a major leaguer to deliver in this Series, singling sharply past diving shortstop David Eckstein. Snow scored ahead of center fielder Darin Erstad’s throw, and the celebration was on. 

Rodriguez had been 5-0 this postseason. The 20-year-old with a wicked slider and crackling fastball absorbed his first major league loss. 

Tim Worrell got the win and Robb Nen closed for a save in a game the Giants trailed 3-0. 

It was an October classic, and came on a fitting night. Pete Rose drew the biggest ovation during a pregame celebration marking baseball’s most memorable moments. 

Jason Schmidt will start for the Giants in Game 5 Thursday night against Jarrod Washburn. It’ll be a rematch of the opener in which Schmidt outpitched the Anaheim ace. 

Bell’s father, Buddy, and grandfather, Gus, both played in the majors. Spiezio and Barry Bonds, of course, also had dads in the big leagues and Snow’s played in the NFL. 

Pitching on his 24th birthday, Angels rookie John Lackey picked up a nice present, the souvenir ball from his first major league hit. More importantly for Anaheim, he avoided trouble on the mound, thanks mostly to Benito Santiago. 

Twice, Lackey intentionally walked Bonds to load the bases with one out. Both times, he got Santiago to hit grounders to Eckstein that the shortstop turned into inning-ending double plays. 

Yet Santiago got sweet redemption with an RBI single that capped a three-run fifth that made it 3-all. And in a tasty twist for a Series dominated by long balls, the comeback started with two of the shortest hits yet. 

Pitcher Kirk Rueter led off with a high chopper that he beat out for an infield single. Kenny Lofton followed with a bunt that slowly danced down the chalk line until third baseman Troy Glaus picked it up for another little single. 

Rich Aurilia singled home the Giants’ first run, Jeff Kent hit a sacrifice fly and, after another intentional walk to Bonds, Santiago singled up the middle. The MVP of the NL championship series clapped his hands and pointed toward the San Francisco dugout after rounding first base. 

Glaus hit a two-run shot, tying Bonds’ record of seven home runs in a postseason, to give the Angels a 3-0 lead in the third. 

A day earlier, fans taunted Glaus with shouts of “Welcome to Pac Bell!” after he flied out to the warning track, reminding him it gave up fewer homers than any other ballpark in the majors this season. 

Both teams looked for every edge they could find. 

Wanting an extra right-handed bat in the lineup, Angels manager Mike Scioscia pulled ALCS MVP Adam Kennedy — hitting .371 in the postseason — and instead started Benji Gil at second base.

On Election Day, Berkeley voters will have a chance to make a $10 million investment in pedestrian safety. But some say the investment would be a waste of taxpayer dollars. 

Measure L, which requires a two-thirds vote for approval, would raise an estimated $1 million per year for 10 years to pay for traffic circles, lighted pedestrian crosswalks and other pedestrian safety improvements. 

An increase in property taxes would pay for the measure, with the average Berkeley homeowner paying an additional $24.70 per year for ten years, according to city estimates. 

Supporters say Berkeley streets are some of the most dangerous in the state and call passage of Measure L a life and death issue. 

“The improvements need to be made now to save lives,” said Wendy Alfsen of the Transportation Commission. 

But opponents say pedestrian injuries are on the decline and call the measure a waste of money. 

“It’s just another boondoggle,” said Art Goldberg, former chair of the Citizens’ Budget Review Commission, which advises the City Council. 

Measure L opponents cite California Highway Patrol statistics which show that the number of pedestrians injured in Berkeley dropped from 126 to 106, or 15 percent, between 2000 and 2001. CHP figures show an even more dramatic decline since 1990, when 164 pedestrians were injured. 

But City Councilmember Dona Spring, who supports Measure L, said the city only has a limited amount of money it can spend on pedestrian improvements every year out of its general fund. A $10 million boost from the taxpayers, she argued, is necessary to ensure adequate pedestrian safety. 

“We’re only able to afford one traffic light per year (from the General Fund),” she said. 

Berkeley resident Ted Edlin, who is leading the charge against Measure L, said the city should focus its efforts on a much less expensive public education campaign, teaching walkers to stay alert. 

“Pedestrians have the right of way,” he said. “(But) they need to look for oncoming traffic.” 

The Berkeley Police Department found 13 of the 31 pedestrians killed in Berkeley between November 1984 and June 2002 at fault for the accidents, according to department figures. Drivers were blamed for the rest. 

Councilmember Miriam Hawley, who supports Measure L, said public education is a good idea. But she argued that concrete pedestrian improvements are needed to prevent injury and death. 

“Even a few traffic deaths are too many,” she said. 

According to Berkeley police, one pedestrian and one cyclist have died in accidents this year. One pedestrian died in 2001 and another was killed in 2000. 

Contact reporter at 

scharfenberg@berkeleydailyplanet.net

To the Editor: 

Proponents of Measure P, the height initiative, say that its passage will protect neighborhoods. Not so. In reality, neighborhoods will be threatened by the abuse of public process that property owners who wish to alter their homes will have to endure if administrative review and approval is abolished. 

Consider the situation of owners of modest, single-story houses whose families are growing and who wish to enlarge their living space. Moving to a larger house will not be an option in Berkeley unless the owners are rich because under Measure P real estate values will soar. Yet, increasing the size of a small house may be impossible if neighbors oppose the alteration and use the automatic public review process to prolong the time needed to obtain a building permit. This situation may cause those whom we value as neighbors to leave Berkeley and prevent many families from moving here. 

Sally B. Woodbridge 

Berkeley 

LOS ANGELES — The Ozzy Osbourne clan will return to MTV in November with the second season of their hit reality show, the music network announced Tuesday. 

“The Osbournes” chronicles the lives of metal-rock legend Ozzy, his feisty wife, Sharon, and two of their teenage children — daughter, Kelly, and son, Jack. 

The show became MTV’s biggest hit ever last year, showcasing the offbeat antics of the family as Ozzy, a former drug abuser and self-proclaimed “Prince of (bleeping) Darkness,” and his wife, who also is his longtime manager, dealt with the complexities of parenthood. 

Details on the upcoming shows were not released and the debut date was not specified. 

The season is expected to feature Sharon Osbourne’s battle against cancer as she undergoes chemotherapy sessions. She was diagnosed with colorectal cancer July 1, after her husband urged her to see a doctor for a long overdue checkup. Two days later, she had surgery and then one of two lymph nodes that were removed tested positive for cancerous cells, indicating the disease had spread.

Faced with an unprecedented rise in hate crimes, city officials are trying to stem the tide of intolerance. This evening, the city will sponsor its first ever community forum to address the alarming problem. 

“We are going to pull together all these different types of people and learn how to prevent it before it happens,” said city Councilmember Kriss Worthington. 

The statistics are ominous. There have been 51 hate crimes reported since Sept. 11, 2001 and 35 reported hate crimes in Berkeley so far this year. That is six more than the total reported between 1996 and 2000, according to a report prepared by Berkeley police Captain Bobby Miller. 

“The crimes are all across the board,” Miller said, but he noted a particular increase in violence against Jews and Muslims since last year’s terrorist attack. 

Such crimes include physical assault as well as more passive crimes like as spray painting slurs on public property. 

The meeting will include testimony from recent hate crime victims and will give residents an opportunity to discuss their experiences and present ideas on how to prevent hate crime. A professional facilitator will lead the meeting that will be attended by city, university and school board officials. 

According to City Attorney Manuela Albuquerque, the city has already started addressing the issue. Working with the police department, Albuquerque said the city has been training officers on how to handle hate crimes, including informing victims of available counseling services. 

Berkeley’s surge in hate crimes is not an isolated phenomenon, Worthington said. 

“Sadly, Berkeley is too much like the rest of the country in that we are experiencing an astronomical increase in hate crimes,” he said. 

The hate crimes forum will be held this evening at the North Berkeley Senior Center at 1901 Hearst Street from 6:30 p.m. to 9:30 p.m. 

Contact reporter at 

matt@berkeleydailyplanet.net

To the Editor: 

According to a recent report, Saddam Hussein has 48 “presidential palaces.” He has oil income. He has a large army. He can legally import food and humanitarian supplies. In other words, he has all the resources he needs to ensure the health of every Iraqi child should he choose to do so. 

To say, as Helen Caldicott is quoted (Daily Planet, Oct. 21), that a purported 500,000 Iraqi children have died because “they lack clean water and medications due to US sanctions on their country” is simply wrong and simply disgusting. 

David Rowland 

Berkeley 

MOSCOW — About 50 armed Chechen rebels stormed a crowded theater in a daring assault, took hundreds of theatergoers hostage and threatened early Thursday to shoot their captives and blow up the building if Russian security forces attacked. 

Police and security forces surrounded the building amid the crackle of sporadic automatic weapons fire and were on high alert throughout the Russian capital after the brazen attack, which Russian military experts was meticulously planned, 

Moscow police spokesman Valery Gribakin said about 100 women and children had been let out of the theater, and news reports quoted some of them as saying there were pools of blood in the theater halls. The freed hostages were distraught, sobbing and shaking as they emerged from the building where they had been watching a popular musical show. 

“The terrorists are demanding one thing — the end to the war in Chechnya,” Gribakin said. 

Police towed cars parked near the theater and evacuated patients from a nearby hospital. 

Those released did not see any dead bodies, but said the hostage-takers had beaten some in the audience. Two pregnant women were later released. 

Inside the theater, frantic hostages used cell phones to call families, television and radio stations. Outside, worried Muscovites waited in the dark and in a freezing rain for news of their relatives. 

The dramatic hostage taking was a sharp rebuke for President Vladimir Putin, who consistently claims that Russia has the situation in Chechnya — a mainly Muslim republic in southern Russia — under control. Putin canceled a trip to Germany and then Portugal on Thursday, his press spokesman, Alexei Gromov, told Interfax. It was unclear what he planned to do about attending the weekend APEC summit in Cabo San Lucas, Mexico, where he was to meet with President Bush. 

Russian news reports said the rebels offered to release 50 more hostages if Akhmad Kadyrov, the head of Chechnya’s Moscow-appointed administration, came to the theater. 

News reports said the armed men and women were laying land mines inside the theater and had explosives strapped to their bodies which they threatened to blow up if Russian security forces stormed the building. Gribakin, the police spokesman, said there were about 600 people inside the theater when it was seized. Russian news reports said three Germans and three British citizens were inside. 

A woman who made her way out of the theater told a television interviewer the men wore camouflage as they took the stage, fired into the air and said: “Don’t you understand what’s going on? We are Chechens.”

The Berkeley Police Department awarded medals to seven officers Wednesday who demonstrated bravery in the line of duty. 

The special awards ceremony held at City Council Chambers, recognized officers for lifesaving acts, heroism and exceptional service. 

Among the honorees were two officers who shot an armed suspect after a jewelry store robbery, according to police Public Information Officer Mary Kusmiss.  

In addition, a sergeant and officer, commanders of the Police Department's boat, Bay One, were honored for saving the lives of two men who were stranded on a sinking ship in San Francisco Bay. 

–Compiled by wire services and staff

SAN FRANCISCO — The San Francisco Police Department says it is working with several other agencies in a search for surveillance video of a man who responsible for a trans-bay hit-and-run spree that claimed the life of a woman and critically injured a bicyclist. 

Tuesday's events began at about 6 a.m. when the suspect, who was driving a stolen 1982 Buick, plowed into a male bicyclist on Telegraph Avenue in Oakland. From there he crossed the Bay Bridge, where he crashed into at least one other vehicle near the toll plaza, before entering San Francisco. 

At about 6:20 a.m. the suspect was allegedly speeding down Harrison Street near Main Street when he ran a red light and slammed into a car. San Mateo resident Mary Corr, 55, was driving the car and was killed and her husband, the passenger, suffered minor injuries. 

Following the fatal crash, the suspect abandoned the stolen car and fled down Spear Street until he made it to the Embarcadero BART Station where he hopped on a train and disappeared. 

The bicyclist remains at Highland Hospital in Oakland. 

Police spokesman Jim Deignan said Wednesday that they are working with the California Highway Patrol, the Oakland Police Department and BART police on the case. All four agencies are canvassing the multiple crime scenes - especially the Bay Bridge and BART Station - in search of video footage that likely captured some of the crime spree on tape. 

Deignan said the suspect, who is described as a 5-foot 8-inch tall black man between 18 and 22 years old with short hair, suffered cuts on his hands and face during the accident. Investigators hope the suspect's injuries will make it possible for someone to step forward with information about where he fled. 

The stolen car has been impounded and investigators are in the process of dusting for fingerprints and collecting blood samples for possible evidence.

SAN FRANCISCO — California politicians are hoping the stunning admission by a top Enron trader that the energy giant manipulated power markets will help the state’s plea for $9 billion in refunds. 

But until or unless that money comes, it’s up to ratepayers to cough up the cash. And like roommates squabbling over a hefty dinner tab, businesses, consumer groups and the state’s debt-ridden utilities are aiming to duck as much of the bill as possible. 

California’s Public Utilities Commission, the agency that sets rates, meets Thursday to decide who owes what. The regulators also are racing to let the utilities resume buying their own power — and relieve the state of the job — before a New Year’s Eve deadline. 

Regulators chose late Wednesday to delay two major items until a later meeting but still plan to decide Thursday whether low-income customers also must chip in to pay the $11.95 billion of bonds the state began selling Wednesday. 

The decision is one of several that will determine millions of power bills, which in California already are on average higher than 45 other states, according to the federal Energy Information Administration. 

“How we design who pays makes a big difference for how much we can drop or have to raise rates,” commission President Loretta Lynch said. “If we essentially have the broadest base of ratepayers pay and have them pay their appropriate fair share without a lot of cost shifting to other folks we can potentially avoid a rate increase.” 

A majority of fellow commissioners have advocated a more business-friendly approach, which consumer groups say would foist more of the bill onto residential customers. 

Though the state hasn’t calculated the total cost of the energy crisis, it will cost ratepayers tens of billions of dollars over the next decade. 

Most stakeholders agree it’s vital that the state help Pacific Gas and Electric Co. and Southern California Edison get back on their feet. The commission plans to order that both utilities resume purchasing the relatively small amount of electricity they need to cover demand that isn’t already met through a combination of long-term power contracts and utility-owned power plants. 

The commission plans to send a signal to Wall Street that — unlike during the state’s power crisis — it’s committed to keeping rates high enough to cover the utilities’ costs, Lynch said. The PUC wants to reassure power sellers that PG&E and Edison will be able to pay their bills and persuade Wall Street to boost their credit ratings so they can rely less on the state. 

Those same credit rating agencies will signal when the utilities are healthy, making it vital state regulators make consistent rules for the future, said Dominic DiMare, legislative advocate for the state Chamber of Commerce.

EL CERRITO — The El Cerrito del Norte BART station at 6400 Cutting Blvd. was closed following a bomb threat, a BART spokeswoman said Wednesday morning. 

Officials did not releasing any information about the threat except that the call came in around 7:55 a.m. 

Passengers were cleared from the platform and BART officials held all trains entering or exiting the station. 

Service resumed later in the day

NEWARK — An Alameda County prosecutor said Wednesday that he doesn't anticipate any more arrests in the slaying earlier this month of a 17-year-old Newark boy who sometimes passed as a girl. 

Deputy District Attorney Ted Landswick said investigators have also located and interviewed a man named Jason who attended a party on Oct. 3 where Edward “Eddie” Araujo was allegedly killed. 

“We went and talked to Jason and we think he's a witness, not a suspect,” Landswick said. 

On Tuesday, police had said they were interested in speaking with Jason.  

On Friday, Michael William Magidson, 22, of Fremont, and Jose Antonio Merel, 22, and Jaron Chase Nabors, 19, both of Newark, were charged with one count each of murder, along with a special hate-crime enhancement. 

They are being held without bail. 

The men are scheduled to return to Alameda County Superior Court in Fremont today but Landswick said it is unlikely that any of them will enter a plea. 

He said that the defendants are not expected to enter pleas until January at the earliest, when defense attorneys have had a chance to review the evidence, police reports and other documentation in the case. 

A preliminary examination – a hearing held to determine if a person charged with a felony should be tried for the crime charged – would probably not take place until the spring of 2003, Landswick said. 

Law enforcement agents unearthed Araujo's body from a shallow grave in the El Dorado County wilderness east of Placerville on Oct. 16. 

According to police, Araujo was reported missing by his mother, Sylvia Guerrero, on Oct. 5 when he failed to return from a late-night party held two days prior at the home of brothers Jose and Paul Richard Merel Jr. at 37147 St. Matthew Drive. 

Guerrero told police that her son was a “cross-dresser” and sometimes went by the names Gwen, Wendy and Lida. 

At some point during the Oct. 3 party, the conversation turned to whether “Lida” was a male or a female, according to an affidavit police used to obtain a search warrant. 

The alleged beating apparently began when the group learned Araujo's true gender, court records show. 

“After the male subject was beaten, his semi-conscious body was taken into the garage of the residence,” the affidavit states. “The suspects tied a rope around the male's throat until they believed he was deceased.” 

Nabors told police that Araujo's body was then wrapped in a blanket and driven in the back of a pickup truck to the Silver Forks campground in the Sierra foothills where it was buried, according to court records. 

One week ago, Nabors led detectives to the corpse.

SAN FRANCISCO — More research needs to be directed at learning more about the possible link between breast cancer and the environment, panelists told state lawmakers Wednesday. 

But some also cautioned that one proposed method of that research that legislators heard testimony on — monitoring breast milk for toxins — needs to be conducted without hurting efforts to get more women to breast-feed their babies. 

The panelists, a collection of healthcare professionals and representatives of organizations that fight breast cancer, spoke to the state Senate and Assembly health committees. 

Breast cancer rates in the United States have increased from one in 22 in the 1940s to one in eight today, and the factors that are known to increase the risk of breast cancer — reproductive history, genetics, exercise and alcohol use — account for less than half of all cases, said Dr. Ana Soto, a professor at Tufts University. 

“This swift increase cannot be attributed to genetic causation,” she said. “Yet, the genetic causes of cancer continue to be the main topic of study in breast cancer research.” 

One way to monitor how toxins accumulate in the body and possibly cause cancer is to test breast milk. Similar monitoring is done using urine and blood, but because breast tissue is fatty and breast milk is high in fat, certain chemicals collect there that don’t collect as well in urine or blood. 

But the testing does have its limitations.

Woman saw red dot on 

clothing before being shot 

SAN FRANCISCO — San Francisco police are investigating a shooting in Visitacion Valley in which a woman claims to have seen a red laser dot moving across her clothing before she was shot in the arm. 

The shooting occurred at 8:30 p.m. Tuesday near the Gleneagles International Golf Course at 12 Brookdale Avenue in Visitacion Valley. 

Police say the woman, who is in her early-to-mid twenties, was at first confused by the red dot that she said moved across her clothing as she walked down the street. 

Shortly afterwards, a single bullet hit her arm and the woman ran, bleeding, to a nearby house to call police. 

The shooter only fired once and police have not yet identified what kind of gun was used, nor have they confirmed that the red dot could have been from some sort of high-tech laser gun scope. 

Police are downplaying similarities between the shooting and recent sniper attacks on the East Coast. “Sounds coincidental,” said a San Francisco police spokesman. 

Man pushing car gets 

trapped underneath 

SAN FRANCISCO — A man is in serious and unstable condition at San Francisco General Hospital this morning after a car, which he was pushing uphill, apparently rolled on top of him. 

“We don't know the extent of his injuries,” said the hospital's nursing supervisor, who said the man was brought to the emergency room at 3:05 a.m. Wednesday. 

The San Francisco Fire Department says the accident was called in at 2:23 a.m. at Roosevelt Way and San Francisco Avenue near Corona Heights Park. 

Fire department officials were unable to confirm reports that the man was drunk and attempting to push a car uphill, when he lost control and ended up underneath the vehicle. 

Rescue workers were able pull the unconscious man out from under the car after hoisting it momentarily with a “Johnson Bar.” 

Purse snatching victim sworn in 

SAN JOSE — A woman whose purse was snatched as she went to swear in as an American citizen Wednesday morning did not miss her Immigration and Naturalization Service office appointment thanks to the help of the San Jose police department. 

At around 7:20 a.m., a man approached the victim and grabbed her purse in downtown San Jose. During the ensuing struggle, police said, he pushed her against a metal pole, causing a minor injury to her head. The suspect then ran with the purse and all the victim’s identification documents, said Officer Joseph Deras. 

Officers and medical personnel who arrived at the scene accompanied the woman to the INS office and eventually were able to get an INS supervisor to swear in the woman as a citizen. 

Police later found the woman’s purse with all of her identification documents.

SANTA BARBARA — A state commission decided Wednesday to create one of the nation’s largest marine reserves by banning fishing in areas around the Channel Islands. 

The state Fish and Game Commission voted 2-1, with two members absent, to create what is essentially a 130-square-mile, offshore wilderness area. 

“I just believe there is more than enough science to show that the Channel Islands need to be protected,” said commissioner Bill Hatoy. 

Speaking to nearly 200 angry fishermen in the audience, he said, “Some of you will call me wrong ... But I think your grandchildren will call me right.” 

The measure will prohibit all fishing in specific sections around the five islands. However, there will be some exceptions when the ban causes extreme economic hardships for fishermen. 

Environmentalists have argued that the no-fishing designation is essential for revitalizing biodiversity in waters where commercial catches include lobster, squid, sea urchin and various species of fish. 

“There just aren’t as many big fish as there were when our mothers and fathers and grandparents were catching them,” Gregory Helms, a program manager for the nonprofit Ocean Conservancy, said before the vote. “We have the ability to do something about it and hand something down to the future.” 

Sports fishermen against the move wore red T-shirts to the hearing in a show of solidarity. 

“Incrementally, they are taking away our rights a little bit at a time,” said Norm Plott. 

Also in the crowd were people concerned about the loss of their livelihood. Bob Valney said he has been taking people on fishing tours in the Channel Islands for 14 years. 

“This will really limit us,” he said. “It will force me to raise prices. Boat payments don’t go away. Insurance doesn’t get any cheaper. It’s basically choking the industry.”

SACRAMENTO — Fourteen people were arrested in one of the nation’s largest recycling fraud cases for allegedly swindling millions of dollars from California’s recycling program by transporting discarded bottles and cans from outside the state and redeeming them in Los Angeles. 

The arrests announced Tuesday were made by the state attorney generals’ Bureau of Investigations and involved 10 law enforcement agencies. Those arrested were charged with conspiracy to commit recycling fraud, filing false documents, grand theft and unlawful recycling. If convicted, they could face up to eight years in prison. 

“These arrests should serve as a wake-up call for those who cheat the system. They will face the consequences of their actions,” said Darryl Young, the director of the state’s Department of Conservation. 

State officials said the ring was buying aluminum cans as scrap in states such as Nevada, Arizona and Utah that do not require a recycling deposit. The cans would then be taken to California recycling centers where deposit money is returned. 

Authorities said cans that could fetch about $950 a ton in some states are sold in California for about $2,490 a ton. 

California passed a law in 1986 that required customers to pay a deposit for drinks sold in aluminum, plastic and glass containers. The deposit is 2.5 cents for containers less than 24 ounces and 5 cents for those 24 ounces or larger. 

Buyers can recoup the deposits at state-licensed recycling centers where the containers are weighed and a redemption value paid. The state then reimburses the recycling center. 

Authorities said the ring would divide the cans into small lots and would go across Los Angeles to collect the redemption at a variety of recycling centers. Investigators believe the ring operated for about four years and recently began using cell phones to coordinate the shipments and contracted with trucking firms to take bottles and cans from other states.

SAN FRANCISCO — West Coast dockworkers deliberately are slowing the pace of work in response to a bitter labor dispute, according to documents shipping companies have filed with the Department of Justice. 

The longshoremen’s union denied the charges and blamed sagging productivity on the 10-day lockout by the association representing shipping lines and port terminal operators that ended earlier this month. 

The records are pivotal because federal prosecutors could use them to take the International Longshore and Warehouse Union to court on allegations its members are violating a federal order that reopened 29 major Pacific ports after the lockout. 

The 10,500-member union “is playing games with the U.S. economy, and inflicting economic pain and hardship on scores of companies and their employees,” said Joseph Miniace, president of the Pacific Maritime Association. “Given the extreme urgency of keeping the goods moving through our ports, I cannot fathom why the union would deliberately take these slowdown actions.” 

The two sides have clashed both on the docks and at the bargaining table, where a meltdown over a new contract led to the lockout. 

Since the docks reopened two weeks ago, longshoremen have worked 34 percent below the normal work rate in Oakland and 9 percent in Los Angeles/Long Beach, according to the association. Other slowdown rates include 29 percent in Portland, Ore., 27 percent in Seattle and 19 percent in Tacoma, Wash., the association said. 

The figures compare the number of containers longshoremen moved on and off a vessel each hour at a particular port before the lockout with container moves since the lockout ended. 

In a written response, the Justice Department acknowledged receiving the documents during the weekend and asked the association and the union to provide further information by Friday. 

“As you know, these are serious allegations,” Deputy Assistant Attorney General Shannen W. Coffin wrote in a letter dated Tuesday to both sides. 

The allegations could land the union in trouble if Justice Department lawyers conclude the documents prove a slowdown that violates a court order to work at “a normal pace.” If that happens, the case could be heading for U.S. District Judge William Alsup, who imposed an 80-day “cooling-off” period to end the lockout that cost the U.S. economy up to $1 billion per day. 

Alsup has broad discretion to sanction the union — he could fine union officials or charge them with contempt of court. 

That’s unlikely, said a union spokesman, who added officials welcome the filing because it will give them a chance to debunk the association’s charges.

NEW YORK — Wall Street managed a modest advance Wednesday, rising for a fourth time in five days as investors weighed a mixed economic assessment from the Federal Reserve against disappointing earnings from Eli Lilly. 

Analysts were expecting some declines on profit-taking following two weeks of strong gains. But many investors remain optimistic that the market could sustain a real upward trend, since earnings news have largely been stronger than expected, they said. 

“The market is really just digesting the huge bounce we have had,” said Todd Clark, head of listed equity trading at Wells Fargo Securities. “We had a little bit of an excuse for profit-taking, among them were Eli Lilly’s guidance. But it really just appears to be healthy consolidation.” 

The Dow Jones industrial average rose 44.11, or 0.5 percent, to close at 8,494.27, having dropped 88 points Tuesday. Earlier in the day, blue-chip stocks fell as much as 155 points before recovering their losses. 

The broader market also finished higher. The Nasdaq composite index rose 27.43, or 2.1 percent, to 1,320.23, after declining as much as 13 points.

SAN FRANCISCO — The California Supreme Court on Wednesday let stand a $290 million personal injury jury award levied against the Ford Motor Co. stemming from a Bronco rollover accident in 1993. 

The justices, without publicly commenting, decided at their private weekly conference to uphold what Ford, in court briefs, called the nation’s largest personal injury award ever affirmed by an appellate court. 

The case involved a rollover accident of a 1978 Ford Bronco near Ceres, about 80 miles south of Sacramento, in which three members of the Romo family were killed and two others injured. The Romos sued the Dearborn, Mich., automaker and a Stanislaus County civil jury awarded $290 million.

The vote on a seemingly straightforward ballot initiative to re-zone a piece of Berkeley waterfront property could ultimately decide where local kids play organized sports. 

Pushed by environmental groups with unanimous support from City Council, Measure N would allow the city to limit development on a 45-acre, bayshore parcel owned by Canadian firm Magna Entertainment Corporation. 

Magna has planned two hotels and retail space at the site, immediately east of the proposed Eastshore State Park near Gilman Street, according to Norman La Force of the Sierra Club. 

If the measure is passed and extensive commercial development is restricted, environmentalists and city officials hope the company can be persuaded to sell the property to the East Bay Regional Park District (EBRPD) to be developed as sports fields. 

“It’s an ideal place to put soccer fields,” said Berkeley Mayoral candidate Tom Bates. 

Bates said he has facilitated negotiations between Magna and EBRPD on the possible exchange. Both parties refused to comment on talks, but Bates said Magna and EBRPD have hired companies to appraise the land, and that a settlement could be reached before Election Day. 

The parks district has a $10 million dollar surplus, that according to Bates, could be used to buy the land. 

A deal, Bates said, could win additional support for the planned state park, which stretches 8.1 miles from Emeryville to Richmond and has been a source of contention among competing interest groups. 

Throughout the planning stages, environmentalists have fought playing field advocates over the current plan to put three to five fields at the waterfront Albany Plateau. Environmentalists have argued the Albany parcel should remain wild habitat, while the Magna property, most of which is already paved, is better suited for playing fields. 

Both sides now have a tentative agreement to put the fields on Magna’s parcel if the company is willing to sell. 

But Doug Fielding, president of the Association of Sports Field Users, said there are still big hurdles to moving the fields. “We still don’t know if Magna will sell the property at a price EBRPD can afford, and we don’t know if EBRPD will allow for at least six fields at the site.” 

Fielding has previously said that EBRPD is hesitant to include sports fields on their property, because of their mission to protect natural habitat, but Bates said they are amenable to allowing fields in this case. 

For Berkeley voters, the November initiative is a case of deja vu. In 1986, faced with a plan by Santa Fe Railroad to turn most of the waterfront into a commercial development, city voters passed Measure Q which prohibited development on Berkeley’s southern waterfront, and limited development at other sites to no more than 565,000 square feet. 

Faced with the restrictions, Santa Fe sold 80 percent of the property to EBRPD, for $28 million, which designated the parcel as part of Eastshore State Park. However, the rest of the property which includes Golden Gate Fields Racetrack was ultimately sold to Magna. 

Contact reporter at matt@berkeleydailyplanet.net

To the Editor: 

I am writing to urge those who identify themselves as socialist or working class to vote for nobody for governor this year. In 1998, after 30 years on the ballot as a socialist alternative, the Peace and Freedom Party was dropped because none of its candidates obtained 2 percent at the polls that year, though several got 1.9 percent. At the time, Peace and Freedom registration was under 50,000 statewide. Now it’s more than 80,000, within striking distance of the 86,000 it needs to regain ballot status. 

The 86,000 figure is based on 1 percent of the people who voted for any gubernatorial candidate in the 1998 election. That figure will be recalibrated this year, and if there’s a low total vote for governor, Peace and Freedom could easily regain ballot status in 2004. 

The party is the only real leftist ballot alternative in California. We need to restore alternatives for the long haul by rejecting those available in the short term. Vote nobody for governor. 

Dave Linn 

Berkeley

SAN FRANCISCO — Pac Bell Park was pumped. 

Tony Bennett serenaded the crowd with his signature song, Willie Mays threw out the first ball and Barry Bonds even hit another huge home run. 

If only the Angels had left their bats and hearts in Anaheim. 

Relentless again at the plate and on the bases, Scott Spiezio and the Angels trampled the San Francisco Giants 10-4 Tuesday night to take a 2-1 lead in the World Series. 

“We’re doing the little things it takes to win games. That’s why we’re here,” Spiezio said. 

Spiezio drove in three runs, Darin Erstad had three hits and Anaheim battered Livan Hernandez, the postseason ace who recently boasted, “I never lose in October.” 

The Angels became the first team in Series history to bat around in consecutive innings, with a flood of hits, walks and steals making it 8-1 in the fourth. 

And suddenly, the lines at the wine stands and garlic fries counter got a little longer. This party, San Francisco-style, was all but over for the 42,707 fans. Even the guy who climbed the mast of a sailboat bobbing in McCovey Cove beyond the right-field wall soon was gone. 

The Angels finished with 16 hits in keeping up a familiar pattern. They’ve lost the opener in all three of their postseason series this year, then didn’t lose again. 

“We’ve been through tough times before,” Erstad said. “We have it rolling right now.” 

A disappointing night for the Giants, who joined in listening to Bennett sing “I Left My Heart in San Francisco” from the mound before the first pitch. 

Bonds did his best, becoming the first player to homer in his first three Series games. His 437-foot, two-run shot to center field came in the fifth, the same inning Rich Aurilia connected for the Giants, but only made it 8-4. 

Bonds set a postseason record with his seventh home run and also drew two more walks. 

With 13 homers already, Anaheim and San Francisco are only four short of the record for any Series. The long balls are sure to further increase speculation that juiced balls are being used — commissioner Bud Selig insists it’s not so — but the Angels proved little ball works just fine, too. 

“We scored a lot of runs today and we didn’t hit any home runs. We have a lot of guys that are gap hitters,” Spiezio said. 

Every Angels starter except winning pitcher Ramon Ortiz got a hit. No DH, no worry. And they coasted despite setting a nine-inning Series record by leaving 15 runners on base. 

Hernandez was chased after 3 2-3 innings, the worst start of a glittery postseason career that had seen him go 6-0. Instead, he looked like the pitcher who tied for the NL lead in losses, which he did with 16. 

Now, John Lackey will start for the Angels in Game 4 Wednesday night. He’ll be pitching on his 24th birthday against Kirk Rueter. 

The fans were ready for fun from the start as Pacific Bell hosted its first Series game. After Bennett sang the city’s favorite song, Mays threw out the ball to Bonds, his godson. 

The Angels scored four times in third and four more in the fourth for an 8-1 lead. Spiezio, who dyed Angel red streaks into his hair and goatee before Game 1, was in the middle of both big innings. 

After an error by sure-handed third baseman David Bell paved the way in the third, Spiezio lined a two-run triple to the deepest part of the field. The ball rolled to the 421-foot mark at the oddly angled corner in right-center field, and a really fast runner might’ve had a chance at the first Series inside-the-park homer since Mule Haas of the Philadelphia Athletics did it in 1929. 

Hernandez was pulled after Garret Anderson’s RBI grounder in the fourth, set up when the Angels alertly pulled a double steal as the Giants’ infield overshifted to the right side. 

The Angels poured it on with hits against — and off — reliever Jay Witasick. Spiezio pulled a ball to right, Adam Kennedy hit a liner off Witasick’s right elbow and Bengie Molina delivered Anaheim’s third straight RBI single. 

David Eckstein hit an RBI single in the sixth and the Angels added a run in the eighth when the Giants botched a comebacker.

Good news for tenants. There will be no rent hikes next year. 

The Berkeley Rent Stabilization Board – for only the second time in its 22-year history – voted to deny landlords the ability to raise annual rents Monday. 

The ruling of the nine-member elected rent board means that in 2003 landlords may not increase rents for current tenants at apartments built before 1980. Tenants who moved into private houses after 1996 or live in new developments are not protected under Berkeley rent control law and will not benefit from this week’s ruling. 

The rent board is mandated to set the annual rate increase, also known as an Annual Generalized Adjustment, for rental properties to ensure that landlords get a fair return on their investment. 

According to rent board calculations, the cost of being a landlord actually dropped slightly in 2002, due to lower energy costs and deflation. 

“The board acted very responsibly in not voting for a rent decrease,” said board Executive Director Jay Kelekian. 

Landlords, not surprisingly, disagreed. “It’s a joke,” said Robert Englund of the Berkeley Property Owners Association (BPOA). The landlord group recently filed suit against the board, which it views as unabashedly pro-tenant, arguing that annual rent increases from 1996 to 2002 have been unfairly low. 

The case is scheduled to go to trial this February in Alameda County Superior Court. If landlords win, a judge could order the rent board to approve greater hikes in future years to offset previous losses. 

Landlords and the rent board have fought bitterly in recent years over the yearly rent hike. Since taking control of the board in 1995, the pro-tenant majority has kept annual increases low, averaging about 1 percent. 

According to Kelekian, the rent board uses a long-standing and legally valid formula to determine rent increases. Board members consider year-to-year cost variations for 29 different owner expenses, including water service, insurance, property taxes and utility bills. That total is then added to fluctuations in the cost of living index from the previous year to arrive at a final total. Rent board commissioners maintain some discretion to opt for a higher or lower increase, which they insist they do fairly. 

Had the rent board chosen to average 2002 owner expenses and cost of living decreases, Kelekian said the result would have been a one percent across-the-board rent decrease. In 2002, the board granted landlords a 3.5 percent or $30 per month increase to offset higher electricity costs. 

But landlords say the rent board has failed to take into account new landlord expenses, including a recent city requirement that landlords have gas heaters inspected. 

According to a letter from Theadore Edlin, many owners were not able to get PG&E to do the inspection for free, and instead had to pay private consultants at $50 to $100 per unit. 

Kelekian said Edlin’s figures were inflated, and that the rent board viewed such fees as maintenance costs which responsible owners should have been doing before it became a city requirement. 

Landlords insist that the rent board’s formula is biased. Their lawsuit contends that since 1995, the board has intentionally limited their rightful cost of living increases due to inflation. 

The rent board argues that it has limited the increases to compensate for unfairly high inflation increases passed to tenants when landlords controlled the rent board from 1990 through 1994. 

Although current tenants are now exempt from a rent increase, Robert Cabrera, president of the BOPA said low annual rent increases ultimately hurt all Berkeley residents. 

“Property owners won’t [ever] lower rents [on vacant units] if they think they are going to be stuck with it forever,” he said in an earlier interview. 

Contact reporter@matt@berkeleydailyplanet.net

To the Editor: 

Thank you for including an article about hate violence against transgender people in the Oct. 21 Daily Planet, “Violence targets transgender community.” As an ally and a human being, I'm concerned and outraged that people (mostly males) continue to assault and murder transgender people. Journalists and editors are often ignorant and insensitive to the concerns and issues of the people and communities upon which they report. I believe this is a product both of the oppressive society in which we live and the prejudices which we all have learned. 

I would like to point out that the Oct. 21 article violated both Associated Press standards for reporting on transgender people and the dignity of the transgender youths who were murdered. The AP Style Guide prescribes that when journalists write about individuals who have had “sex changes” or who are transgender, they should refer to them as the gender which they lived their lives (in Gwen Araujo's case, as “she” and “her”), rather than as the gender which they were assigned by society or at birth. But this is about more than violating a stylistic code. The decision to continually refer to Gwen Araujo as a male denies Gwen's identity as a transgender person and only further confuses readers about transgender issues. 

Eric Hamako 

Berkeley 

MARTINEZ — An autopsy has not been able to determine what caused a 19-year-old Diablo Valley College football player to collapse and die during practice in August. 

The Contra Costa County coroner’s office ruled the cause of James Williams’ Aug. 19 death “undetermined.” 

“It’s very hard for us,” his mother, Jerlean Williams, said Monday. “We did want to at least know what it was.” 

Toxicology tests done for drugs or alcohol came back negative, and a heart examination found no outstanding causes for Williams’ death, said coroner’s deputy Al Burt. 

Williams collapsed and could not be revived after colliding with a teammate. 

He had a physical exam earlier this year, before playing. 

The 5-foot-8, 180-pound Williams was a linebacker at McClymonds High School in Oakland, from which he graduated in 2000. He was on the Oakland All-City team in 1999 after leading the team in sacks.

The chief pollster for Republican gubernatorial candidate Bill Simon said the campaign should focus more on Simon’s agenda and less on attacking Gov. Gray Davis, during an appearance at UC Berkeley Tuesday. 

“I think they’ve got to have Bill on TV more saying what he will do,” said Steven Kinney, a partner at the Alexandria, Va.-based firm of Public Opinion Strategies. “You can bash Gray, but you have to provide an alternative.” 

Simon spokesman Mark Miner said this is just what they’re doing. The campaign will “be out there highlighting the differences between the two candidates” through more public appearances and advertisements in coming weeks, and will present Simon as a clear alternative to Davis, he said. 

“It’s going to come down to the wire,” Miner predicted. 

A recent Public Policy Institute of California poll put Davis in the lead 41 to 31 percent. 

The Simon campaign declined to release its own internal polls, conducted by Kinney, but Kinney predicted a closer race than the PPIC poll indicated, arguing that whoever wins will take the election by less than a 10-point margin. 

“Simon is still in the ball game,” said Kinney, arguing that incumbents like Davis who are unable to hit 50 percent in the polls late in the campaign are often vulnerable. 

“He’s been able to keep Simon down, but he hasn’t been able to move himself up,” Kinney said of Davis. 

UC Berkeley political science professor Bruce Cain said Simon, who has stumbled repeatedly in the campaign, may climb within ten points on Election Day. But victory, he said, is unlikely. 

“I think Davis is still the odds-on favorite,” Cain said. “I think it would take a miracle for Simon to win.” 

Still, Kinney argued that high approval ratings for President Bush and low ratings for Davis have given Simon and other Republican candidates a chance this year in the traditionally Democratic-leaning California. 

“Bill Simon is just a factor, but not the major factor,” said Kinney. 

In August, the pollster asked likely voters if they thought Davis deserves re-election. Only registered Democrats and Latinos said the governor deserves another term. 

Of the major urban areas in California, only Los Angeles County, by a 49 to 47 margin, said Davis deserves re-election, and Bay Area voters disagreed, by a 47 to 45 margin, according to Kinney. 

Still, as Kinney acknowledged, the question did not ask voters if they would cast a ballot for Simon over Davis. 

Contact reporter at 

scharfenberg@berkeleydailyplanet.net

To the Editor: 

When the original grant was submitted for new traffic lights on Telegraph Avenue, there was nothing in it about forced “right turns only” at Stuart or Russell streets. It will not be safer for school children to cross in crosswalks if cars are forced to turn right into those crosswalks.  

In addition, the plan to force right turns at Stuart would have diverted traffic onto other streets like Ward. The 230 LeConte and Willard residents who signed the petition against “forced right turns” at Stuart and Russell are hopeful that their wishes continue to be complied with. Instead of creating further divisiveness – it would be great to see if the neighborhood associations could work on getting consensus on traffic circles and pinch points – rather than reversing something that so many were against. 

Pam Speich 

Berkeley 

SAN JOSE — Goalie Evgeni Nabokov agreed to a two-year, $7.15 million contract with the San Jose Sharks on Tuesday, ending his holdout after five games. 

Nabokov, the franchise’s career victories leader with 71 over his first two NHL seasons, sat out all of training camp and the first two weeks of the regular season while seeking a dramatic increase from the $575,000 he earned last season. 

Without Nabokov and holdout defenseman Brad Stuart, the Sharks have struggled to a 1-4 start. After a dispiriting 5-2 loss to Vancouver on Monday night, the team decided it was time to meet most of Nabokov’s demands. 

“Who we kidding here? To say that the performance of the team does not factor into the urgency of your analysis is just not being truthful,” general manager Dean Lombardi said. “It forced us to do something in our evaluation planning that maybe we would have put off.” 

Nabokov’s backups, Miikka Kiprusoff and Vesa Toskala, allowed 22 goals in the first five games — most in the Western Conference. They have a combined 4.77 goals-against average, which ranks next-to-last in the league — though a series of mediocre performances by the Sharks’ defensemen have hurt the team as well. 

“It heightened the urgency because of how we’re struggling right now, but to pin this start on the goaltending is not fair and accurate,” Lombardi said. “There’s a lot of factors that go into a 1-4 start. To blame it on the goaltending, that’s not realistic.” 

Though the sides weren’t far apart in negotiations, Lombardi admitted he gave in to Nabokov’s desire for a big raise and a relatively short-term contract — violating many of the principles he established while building the Sharks into a small-budget Stanley Cup contender. 

Lombardi said the negotiations with Nabokov and his agent, Don Meehan, had forced him to re-evaluate the carefully scripted plan for the franchise, which has a payroll near $45 million. 

Lombardi has signed many of his young players to long-term deals. There’s a similar sticking point in negotiations with Stuart, who wants more than the $1.1 million qualifying offer the Sharks have extended to him, but also doesn’t want to sign a long-term deal. 

Lombardi said there was no progress to report on negotiations with Stuart, who was seen in the stands at one of the San Francisco Giants’ recent playoff games. 

“There’s a difference between a 27-year-old with four years of experience and a 22-year-old,” Lombardi said. “All I can tell you is we don’t have a deal.” 

Nabokov has been one of the NHL’s elite goalies since being the league’s rookie of the year in 2001. 

He was third in the league last season with 37 victories and finished fourth in voting for the Vezina Trophy. He had seven shutouts — tied for second-most in the league — while helping the Sharks win their first Pacific Division title and reach the Western Conference semifinals. 

The 27-year-old Nabokov had a 2.20 goals-against average and a .918 save percentage last season. 

Nabokov skated on the Sharks’ practice rink and worked with goaltending coach Warren Strelow during training camp, but the holdout grew increasingly combative in recent weeks. 

There were rumors that the goalie might play in Russia this winter if a deal weren’t reached soon. 

The Sharks begin a six-game road trip in Nashville on Thursday, and Nabokov will make the trip. 

Toskala was reassigned to Cleveland of the AHL after Nabokov signed.

ROCKVILLE, Md. — A bus driver was shot to death Tuesday as he was about to set out on his morning route in what authorities fear was the 13th attack by the Washington-area sniper. Police also revealed a chilling warning found at a weekend shooting scene: “Your children are not safe anywhere at any time.” 

Montgomery County Police Chief Charles Moose issued a new plea, urging the gunman to continue a dialogue with investigators. 

“It is important that we do this without anyone else getting hurt,” he said. 

In an extraordinary statement that appeared to confirm authorities are in a desperate parley to stop the killing, the police chief said the sniper had tried to communicate with police over the past several days — and he suggested the gunman had made demands. 

“We have researched the options you stated and found that it is not possible electronically to comply in the manner that you requested,” Moose said. “However, we remain open and ready to talk to you about the options you have mentioned.” 

He said the sniper was seeking an 800 telephone number to talk with authorities, and he offered to set up a private post office box “or another secure method.” 

“You indicated that this is about more than violence,” said Moose, who had asked the sniper to contact authorities for two days before Tuesday’s slaying. “We are waiting to hear from you.” 

He refused to take questions from reporters. 

The sniper has killed nine people and critically wounded three others in Maryland, Virginia and Washington since Oct. 2. Authorities were awaiting ballistics tests to confirm that bus driver Conrad Johnson is the killer’s latest victim. 

Johnson, 35, was gunned down in Aspen Hill, the same community in suburban Washington where the attacks began. 

He was shot once in the abdomen just before 6 a.m. as he stood on the top step of his bus, setting off a police dragnet and snarling traffic in the suburbs north of the nation’s capital. Johnson, a married father of two children, died later at a hospital. 

The warning about children’s safety was discovered by police outside a steakhouse near Richmond, Va., where the sniper critically wounded a man Saturday night. Moose said the warning came in the form of a “postscript,” but refused to describe the rest of the note. 

However, a senior law enforcement official speaking to The Associated Press on condition of anonymity said the note demanded $10 million. It was unclear whether the demand was linked to the options outlined by Moose. 

Kathy Franco, who was shopping Tuesday at a Silver Spring mall with her year-old son, Liam, and six-week-old daughter, Katherine, was angered by the warning about children. 

“As a parent, it just completely brings out every animal instinct,” she said. “These two are the most important things in the world for me.” 

Schools in the Richmond area remained closed for a second day Tuesday, idling more than 140,000 students. School officials had cited information from police in shutting down, prompting questions for Moose, whose office is leading the sprawling investigation. 

Moose said investigators recognized “the concerns of the community” and decided to provide the “exact language that pertains to the threat.” 

The Virginia schools will reopen Wednesday under heightened security. As of Monday evening, no Maryland schools had decided to close. 

Immediately after Tuesday’s shooting, police put a widespread dragnet into place, clogging traffic on Connecticut Avenue, one of the main arteries into Washington, just as the morning commute began. 

But police came up empty, and Moose said there was no suspect or vehicle description to report. 

“We have not been able to assure that anyone, any age, any gender, any race — we’ve not been able to assure anyone their safety,” Moose said. 

The shooting happened near a wooded area along Connecticut Avenue. The bus was parked at a staging area where drivers get ready for their morning runs, state police spokesman Cpl. Rob Moroney said. 

Police refused to say whether anyone else was on the bus. 

All the confirmed sniper victims were felled by a single shot. Several residents of a neighboring apartment complex reported hearing one loud bang Tuesday morning. 

“It wasn’t a pop like a handgun. If it was a gun, it was a high-powered weapon,” said Tim Roberts, a carpenter who lives nearby. He said he knew about the sound of weapons from his military service.

To the Editor: 

When the Safe Routes for Schools grant application was submitted in the fall of 2000, the participants in the process agreed “that signals should be done in a way that will not add traffic to Stuart and Russell streets. Signals used would allow for pedestrians and bicyclists to cross the intersections safely, while not facilitating automobile through-traffic.” Unfortunately, the original plans – which allowed bicycles to cross but forced automobiles to make right turns – were changed before construction began. Consequently, it may be safer for school children to cross Telegraph Avenue, but traffic on streets near schools is very likely to increase. We are hopeful that in addition to traffic mitigation in our neighborhoods, the new signals and signage on Telegraph will also be subject to modification if required for “Safe Routes to School.” 

Karl Reeh 

President, 

LeConte Neighborhood Association 

An award-winning mentoring service at Emerson Elementary School faces an uncertain future after the state cut funding for the program in September. 

Emerson’s Academic Volunteer and Mentor Program, which provides math, reading and homework help to more than 100 students, has survived for two months on $13,000 in grants from three area foundations and $5,000 in support from a separate Emerson after-school program. 

But program coordinator Monica Santos, who is working furiously to win more grants, said the mentoring service needs $50,000 to $60,000 more to continue at full strength beyond December. 

If the funding does not materialize, she said, the school will have to let her go, losing the program’s one full-time staffer. Emerson would attempt to continue the program, Santos said, with teachers and two part-time Americorps volunteers helping with administration. But Santos warned that the number of students served, and the level of support for mentors, could decline. 

“I think it would be a different program,” she said. 

The service, which pairs struggling students with mentors from UC Berkeley, the Jewish Federation of the Greater East Bay, Caltrans and other organizations, started in October 1999 and was funded by a three-year state grant that provided $75,000 annually. 

This year, Emerson planned to apply to the state’s Academic Volunteer and Mentor Service office, which provided the initial grant, for a three-year renewal.  

But in September Gov. Gray Davis, faced with a $24 billion shortfall, signed a final budget that spared education on the whole, but cut $4.3 million from the state’s $10 million volunteer and mentor service office. 

As a result, the state is funding mentoring programs at 106 sites around California this year, compared to more than 200 last year, according to the Department of Education. 

The state’s volunteer and mentor service program, which still has $5.7 million to spend, has continued funding for programs in the midst of their three-year funding cycle. But California has turned down schools like Emerson that have finished a three-year cycle and are seeking a renewal.  

The state has also cut most one-year “phase out” grants for schools, like Berkeley’s Willard Middle School, that have already gone through a pair of three-year state funding cycles and are entering a seventh year. 

Berkeley Unified School District and Willard Middle School officials could not be reached for comment. But Rachael Flores, who runs the volunteer and mentor service office for the state, said Willard kept its program up and running this year through a partnership with Bay Area Community Resources, a non-profit group in Richmond. 

Emerson’s financial struggles come amid state recognition for the mentoring program. On Oct. 11, the California’s Secretary for Education Kerry Mazzoni acknowledged an Emerson mentor, 22 year-old Millie Lin, as one of three winners of the 2002 Governor’s Award for Excellence in Academic Volunteer & Mentor Service. 

The state selected the winners after receiving dozens of nominations from students served by the mentors. Alexandra Ho, then an eight year-old second grader at Emerson, nominated Lin last year. 

“I think my mentor deserves a reward because of all the hard work she has done so I could get smarter,” Ho wrote in a nominating essay. “She also deserves it because she teaches me cursive to get me ready for third grade.” 

Santos hopes that state recognition for the program will help win more foundation support. 

“With our program getting recognized, (it says) this is something valid,” she said. 

Lauren Edwards, a UC Berkeley sophomore who has served as a mentor for two years, said it would be “terrible” if funding cuts harmed the program. 

“This is putting money to good use,” she said. 

Interested parties can contact the mentoring program at 883-5247. 

Contact reporter at 

scharfenberg@berkeleydailyplanet.net

OAKLAND — Oakland police said Tuesday that they have identified Monday's homicide victim as 33-year-old Mckinley Williams. 

Police say they were notified of the 90th killing this year by a witness walking in the area who saw William's body in a Honda Civic in the 500 block of Sycamore Street at around 1:40 p.m. 

Initial reports indicate that he had not been dead more than two hours when police were notified.  

Police say he died of a gunshot wound. 

Williams, an African-American construction worker for the J.T. Thorpe Corporation in Richmond, is survived by a wife and children, according to Sgt. Gus Galindo. 

Anyone with information regarding the shooting is encouraged to call Sgt. Galindo at 238-3821.

SACRAMENTO — Leonard Gianessi, who has been barnstorming across the country promoting the benefits of genetically modified crops, was met Tuesday by protesters who complained the technology is not completely understood and, at a minimum, will ruin organic farmers. 

“California’s got a tremendous growth opportunity with the expansion of organic food,” said Leland Swenson, executive director of the Davis-based Community Alliance with Family Farmers. “That’s what’s at risk when you take a look at the high value of commodities and growth opportunities here within California.” 

But Gianessi says a study he co-wrote shows U.S. farmers could save $1 billion a year, decrease their pesticide use and improve the environment by embracing biotechnology more fully. 

“The technology has already helped farmers reduce their costs,” said Gianessi, a researcher for the National Center for Food and Agricultural Policy, a Washington, D.C., nonprofit funded in part by agribusiness and agricultural chemical companies. 

The study showed that American farmers growing genetically engineered crops saved $1.5 billion last year they otherwise would have spent raising conventional plants, Gianessi said. 

“In a very competitive worldwide environment, growers have to find ways to cut costs and this is one way,” Gianessi said. 

He said plants spliced with genes that make them resistant to certain herbicides allows farmers to be less particular about how they apply weed killers, reducing the amount needed. Other plants are modified with natural pest killers, reducing the need for pesticides, as well. 

But anti-biotech activists outside Gianessi’s latest venue, the California Department of Food and Agriculture, pointed Tuesday to other studies that suggest genetically engineered food brings few benefits and carries big risks for farmers, who may lose control over their crops and face potential rejection from consumers. 

Some fear the biotechnology crops will pollinate with their organic crops, ruining a burgeoning industry whose sales have grown from $3.5 billion in 1996 to $7.8 billion in 2000, according to the U.S. Department of Agriculture. Organic consumers demand that their products are free of genetically modified ingredients. 

“There is no such thing as containment. There is no such thing as coexistent,” said Percy Schmeiser a Canadian canola farmer who was successfully sued by Monsanto Co. for illegally using its biotech products. “It will destroy organic farmers.”

NEWARK — Newark police said today they are looking for a fourth person in connection with the slaying of a 17-year-old boy who sometimes passed as a girl. 

Lt. Tom Milner said police investigators are trying to locate a person named "Jason'' who apparently attended an Oct. 3 party where Edward "Eddie'' Araujo of Newark was allegedly killed. Milner did not release Jason's last name or provide any other descriptive information. 

“If there is a Jason, we will, in fact, find him,” Milner said. “Jason needs to come forward and cooperate fully.” 

On Friday, Michael William Magidson, 22, of Fremont and Jose Antonio Merel, 22, and Jaron Chase Nabors, 19, both of Newark were charged with one count each of murder, along with a special hate-crime enhancement. If the men are convicted, the hate-crime clause could add up to four years to each sentence. 

The men are scheduled to return to Alameda County Superior Court in Fremont Thursday for possible arraignment. They are being held without bail. 

Law enforcement agents unearthed Araujo's body from a shallow grave in the El Dorado County wilderness east of Placerville Wednesday. 

According to police, Araujo was reported missing by his mother, Sylvia Guerrero, on Oct. 5 when he failed to return from a late-night party held two days prior at the home of brothers Jose and Paul Richard Merel Jr. at 37147 St. Matthew Drive. 

Guerrero told police that her son was a “cross-dresser” and sometimes went by the names Gwen, Wendy and Lida. 

According to court records, Araujo wore a skirt to the Oct. 3 party but brought a pair of jeans with him “for the purpose of concealing his gender if he became too drunk.”

OAKLAND — A Hayward chemical supply company and seven individuals have pleaded innocent in federal court in Oakland to charges of conspiring to sell $11 million worth of freon to make methamphetamine. 

The All Discount Laboratory Supply Company, two owners, two employees and three other people entered their not-guilty pleas in the court of U.S. District Judge Claudia Wilken on Monday.  

They were accused in a 51-count indictment issued by a federal grand jury in Oakland on Oct. 16. The new indictment expands on charges in an earlier indictment filed in December 2000. 

The indictment alleges that the company owners Vladimir Kotlyarenko and Mark Kesel, and employees Diane Engle and William Gifford sold “hundreds of thousands of pounds” of freon worth $11.6 million between 1998 and 2000.

Wrong ballots sent to voters 

MARTINEZ — Several hundred voters were sent the wrong sample ballots by the Contra Costa County Elections Department. 

The sample ballots omitted the Martinez City Council and mayoral races, and excluded candidate statements in those races, said Clerk-Recorder Steve Weir. 

Weir was alerted of the mistake late Thursday and corrected sample ballots with a letter explaining the error were sent Friday to all 770 registered voters. About 500 voters received the wrong sample ballot, Weir said. 

Most cities and school districts have switched to even-year elections, and this November has a particularly packed ballot. 

The Elections Department is responsible for mailing 500,000 sample ballots, 66,000 permanent absentee ballots and 10,000 mail-only ballots. There are 30 different inserts, totaling 224 combinations of sample ballots. 

The Elections Department has corrected two recent other mistakes. It failed to send Acalanes Union High School District voters the ballot arguments for Measure B. And it inadvertently sent some Moraga voters ballot information on Measure N, a fire district tax that they cannot vote on. 

Bail increased for Internet courtship suspect 

SANTA ROSA — Bail was increased to $750,000 in Sonoma County court Tuesday morning for a Monterey County man accused of committing lewd acts with a 15-year-old girl he met on the Internet over a 20-month period. 

Superior Court Judge James Bertoli increased the bail for Alfonso Enrique Ozaeta Jr. from $500,000 after the prosecutor said he was a flight risk and a threat to the alleged victim and the community. 

Santa Rosa police arrested Ozaeta, 28, of Seaside in a parked car at a Rincon Valley park in Santa Rosa last week. Police said Ozaeta and the girl were naked. 

The prosecution has filed 20 counts of committing lewd acts with a minor and one count of possession of child pornography on a computer seized at Ozaeta's apartment. 

Ozaeta's attorney John LemMon denied claims that his client is a flight risk or a threat. He said the girl told Ozaeta she was 19 when they communicated in a chat room on the Internet and again later when they met in person. 

The prosecution said there may be other victims. A preliminary hearing is scheduled for Oct. 31. 

Man sentenced for shooting Sonoma State student 

SANTA ROSA — A San Francisco man was sentenced to three years in prison for shooting a Sonoma State University student after he was turned away from an off-campus party. 

Michael Cheng said Monday in court that he was sorry for the May 4 shooting and asked Sonoma County Superior Court Judge Elaine Watters to place him on probation. 

However, Deputy District Attorney James Patrick Casey argued Cheng deserved a prison sentence because he showed up at the party “armed to the teeth” and attacked a complete stranger. 

E.L. Lucas, 21, was first hit with an electric stun gun and then shot in the leg. 

“He could have killed me,” Lucas told Judge Watters, adding that the attack was completely unprovoked. 

“I never touched him,” he said.

FRESNO — Environmentalists sued the federal government Tuesday to force it to clean up air pollution in the San Joaquin Valley after a decade of neglect. 

Earthjustice filed suit in U.S. District Court in San Francisco against the U.S. Environmental Protection Agency for failing to do its job to reduce dust, smoke and soot that darkens skies in one of the nation’s most polluted regions. 

The suit, filed on behalf of air quality activists, asks the EPA to draft a plan to reduce particle pollution because valley air district officials have never had a workable plan in the decade since one was due. 

“I compare it to the Civil Rights movement. When your local government cannot do the job, you need help from the outside,” Kevin Hall, of the local Sierra Club chapter, said at a news conference in Fresno. “This is a human health crisis. That is our sole purpose here, to protect human health.” 

The Clean Air Act required that the air district submit a plan in November 1991 that would reduce deadly air particle pollution. 

The district missed that deadline and later submitted a plan that didn’t meet federal requirements. 

The EPA was required to impose penalties, but that never happened despite repeated failures to meet subsequent deadlines. The EPA has also failed to take action on some plans that were submitted. 

The microscopic bits of dust, soot, and smoke are kicked up on dirt roads, farm fields and spewed by fires. They cause health problems by slipping past the body’s defenses and lodging in lungs. The plaintiffs blame them for 72,000 asthma attacks and hundreds of deaths a year. 

Earthjustice is asking a court to order the EPA to freeze federal highway funds and impose stricter regulations on new and expanding businesses that should have taken effect in 1993, two years after the deadline was missed. 

The EPA said it is working with the district to develop a more stringent plan than the one required 10 years ago. 

Dave Jones, a manager at the air district, said the lawsuit is targeting outdated regulations the valley no longer has to meet. In January 1993, the district was reclassified as a “serious” violator of air particle pollution standards, the worst category. 

Instead of developing a plan to impose “reasonable” pollution controls, the district now must meet stricter requirements showing they’re using the “best” methods of reducing pollution. However, that plan is about five years overdue and subject to another round of sanctions that could kick in next summer. 

Members of the California Clean Air Campaign, a plaintiff in the suit, said they want federal intervention because they can no longer count on the local air district to do the job. 

“If it’s true, terrific,” said Susan Britton, a lawyer for Earthjustice. “As history shows, we are very skeptical of that claim.”

SAN FRANCISCO — Sen. Joe Lieberman called again Tuesday for the federal government to adopt an economic stimulus package, while he criticized President Bush’s handling of the economy. 

The Connecticut Democrat, speaking at a conference of the Direct Marketers Association, echoed proposals he made last week during a speech at the NASDAQ market site in his own economic recovery plan, which included tax incentives to spark investment and growth in high-tech industries. 

“I think we cannot wait any longer for the natural forces to pull this economy out of the ditch of stagnation it is in now,” he said. 

Lieberman also criticized how Bush has dealt with the economy, saying he hasn’t seen a strategy for growth from the current administration. 

“There has been no economic growth or recovery plan, and no leadership on the economy,” he said. 

The Republican National Committee rejected that argument. 

Economic leadership takes more than words,” said Tracey Schmitt, a spokeswoman for the committee.

SAN DIEGO — A Navy sailor says he feels lucky to have survived an aircraft carrier accident that left him floating in the frigid Pacific Ocean for more than seven hours. 

Michael Harris, 21, fell from the USS Constellation early Saturday when the engine exhaust from a nearby EA-6B Prowler blew him overboard off the coast of Southern California. 

In the darkness of the early morning, it took rescuers more than seven hours to find the airman apprentice, who is based at Lemoore Naval Air Station, and pull him from the 62-degree waters. 

“They teach you not to panic,” he said Monday at a naval hospital. “My first reaction was ’They’ll find me.’ “ 

But as time passed Harris began to worry about dying of hypothermia and whether sharks might home in on the blood oozing from facial injuries he sustained in the accident. 

Harris, of Dillsburg, Penn., also thought about his mother and his younger brother.

SACRAMENTO — They met in beauty salons and suburban homes with the guests — all invitation only — coming for the promise of helping their community while making a huge profit for themselves. 

The “Women Helping Women” parties featured a lucky “birthday girl,” who would receive up to $40,000 in cash from the new participants, who each donated up to $5,000 to get in and eventually celebrate her own “birthday.” 

But for many women, the birthday never came, say authorities, who call “Women Helping Women” a $12 million pyramid scheme for which they have arrested four Sacramento-area women. Their investigation also revealed a candidate for district attorney in a neighboring county told partygoers the events were legal and then asked them for campaign contributions. 

The parties, authorities and experts said, were part of a pattern of pyramid schemes found in nearly every state. Beyond women, these schemes focus on other groups, such as Hispanics, blacks or members of the same church, said Robert L. FitzPatrick, author of “False Profits,” a book on pyramid schemes. 

A scheme “travels very much like a virus. It could move in any direction. There’s no mastermind behind it,” FitzPatrick said. 

Recently, officials in New Mexico indicted 20 people for allegedly running similar schemes, said Sam Thompson, spokeswoman for the New Mexico attorney general’s office. 

“It’s a cottage industry here,” Thompson said. “People get a hold of the paperwork, sometimes it’s ’The Spirit of Giving’ or ’Women Helping Women’ or ’The Dinner Party,’ and they just copy part of it and start their own pyramid.” 

The scheme has also surfaced in Texas, where two women were arrested in 2000, and in Philadelphia, where authorities said in March 2001 that a dozen women had complained of being solicited by a similar network, or of losing money in it. 

In Maine, the state attorney general’s office last year warned of a similar scheme that targeted men, sometimes using the names “NASCAR” or “Men’s Club.” 

The Federal Trade Commission warns consumers about getting involved in the schemes, which officials there classify as a Ponzi scheme, but most prosecutions are handled at local or state levels, said James Kohm, assistant director of the commission’s division of consumer protection. The FTC doesn’t track prosecutions or complaints, he said. 

In Sacramento, the four women face charges that could result in five years in prison, fines and restitution. They are Cheryl Bean, 54, former human resources officer at Pacific Bell; Anne Marie King, 47, co-owner of a Roseville Montessori school; Pamela Garibaldi, 57, a part-time English professor at a community college; and Cathy Lovely, 49, a homemaker. 

Sheriff’s detectives Mike Wright and Eric White said the enterprise bragged of distributing $12 million and having 10,000 women participate in the last two years. 

Wright and White said they’ve documented more than $7 million that has been collected, distributed or pledged in the Sacramento region. 

Despite the charges against them, Bean, King, Garibaldi and Lovely have plenty of supporters. A cheering crowd of women greeted them in the courtroom for a recent hearing. 

“They’re genuinely good people,” said Wayne Ordos, Lovely and King’s attorney. “They’re taxpayers, they’re den mothers. This is very difficult for them.” 

None has entered a plea yet, but the four will return to court Wednesday. 

Sacramento authorities placed undercover officers in five meetings, starting in July, after similar parties had already been detected in neighboring El Dorado County. There, District Attorney Gary Lacy warned his employees against participating in them as early as April 2001. 

But one El Dorado County party had another attendee — Deputy District Attorney Eric Schlueter, Lacy’s opponent in next month’s election. Schlueter reportedly told party participants there were legal loopholes that allowed such schemes, and then he solicited campaign contributions. 

Schlueter told The Sacramento Bee newspaper that he didn’t advocate “gifting,” but didn’t believe it was prosecutable under California law. 

“It may be a pyramid scheme,” he told The Bee. “But whether it’s illegal is another matter.” 

FitzPatrick said he’s never found a legal opinion calling the parties anything other than an “endless chain” operation. 

“The first lie is that it’s legal,” FitzPatrick said. “They’ll tell you it’s not a pyramid, it can work and everyone can win.” 

But no pyramid can survive its unsustainable mathematics, FitzPatrick said. Each woman must recruit eight others to get her $40,000. Then each of those eight women must get another eight. Eventually, that pace can’t be sustained, and the pyramid collapses, leaving about 90 percent of the participants out their investment. 

“Women Helping Women” and other groups appeal to patriotism, religious faith or the desire to help others, FitzPatrick said, and use “the idea that women are helping women, supporting each other.” 

The group’s very name angers Harriet Barron, executive director of the National Council of Jewish Women in Los Angeles, who runs a program called “Women Helping Women Services.” 

Barron’s program offers support groups and counseling for domestic violence, single parenting and other issues, she said. The similarity between her group’s name and the Sacramento organization has her concerned contributors might confuse the two, she said. 

Women Helping Women organizers told their recruits they gave 1 percent of their birthday awards to charities, but investigators said they haven’t seen evidence of such charitable activity in the Sacramento area. 

Although pyramid deals gone bad often get attention, the early victims rarely come forward, FitzPatrick said, making it difficult to steer potential victims away. 

But Katherine Guardipee, a 54-year-old health care worker in Browning, Mont., is speaking out. She said she invested $1,500 in February with the promise of receiving $12,000 in a deal to which her cousin steered her.

NEW YORK — Still skeptical about the stock market’s long-term potential, investors cashed in some gains from two weeks of rallies Tuesday, sending prices lower. Disappointing earnings from Kimberly-Clark, Wyeth and Texas Instruments also prompted some selling. 

Analysts had expected the market to give back some of its stunning advance, which over the previous eight sessions had boosted the Dow Jones industrials more than 1,200 points. 

After falling as much as 162 points Tuesday, the Dow closed down 88.08, or 1 percent, at 8,450.16. 

The broader market also retreated. The Nasdaq composite index fell 16.87, or 1.3 percent, to 1,292.80. The Standard & Poor’s 500 index declined 9.56, or 1.1 percent, to 890.16. 

Tuesday’s selling was largely due to investors taking profits from more than two weeks of gains achieved in an earnings season that analysts say has for the most part surpassed their expectations. Since Oct. 9, the Dow and Nasdaq have each jumped 16 percent. The S&P 500 has climbed 14.6 percent. 

“Given the strength of the rally, it was appropriate to expect a pause. The fact that you are getting less compelling earnings news today from market leaders like Texas Instruments and Kimberly-Clark also gives rise to a pause,” said Jack Caffrey, equities strategist J.P. Morgan Private Bank. 

Some analysts and investors are wary of the latest advance, worried they will be faked out by what might be another bear market rally, such as the one-week surge in late July when the Dow jumped more than 1,000 points. 

“It’s a bit hard to get excited in the short term,” Caffrey said. 

But others are optimistic and say this time could mark a real upward trend, largely because earnings news has been stronger than expected. 

“This has the opportunity and a higher probability to have lasting power unlike the whiplash we suffered in late July, early August,” said David Sowerby, chief market analyst, Loomis, Sayles & Co. “In terms of longevity, it is closer to three weeks (old), not one week, and it is supported by better earnings. ... And, there is an absence of another accounting fiasco and that is superseding the uncertainty of war and terrorism.” 

Kimberly-Clark sank $6.18 to $50.50 after the consumer products maker missed third-quarter earnings expectations by 4 cents a share and said its 2002 results will come in below analysts’ estimates. 

Drug maker Wyeth stumbled $1.30 to $34.35 on earnings that missed analysts’ expectations by 5 cents a share. 

Chip maker Texas Instruments dropped $3.12 to $14, after reporting earnings late Monday that were a penny shy of expectations and warning about fourth-quarter results. 

United Parcel Service fell $1.92 to $62.26 on profits that were 3 cents short of analysts’ expectations. 

But RadioShack rose 80 cents to $21.93 after surpassing earnings forecasts by a penny a share. 

And, Northwest Airlines advanced 41 cents to $7.46 after Deutsche Securities upgraded its shares to “buy” from “hold.” 

Declining issues outnumbered advancers nearly 5 to 2 on the New York Stock Exchange. Consolidated volume was light at 1.87 billion shares, but ahead of Monday’s 1.78 billion. 

The Russell 2000 index, the barometer of smaller company stocks, fell 5.97, or 1.6 percent, to 362.66. 

Overseas, Japan’s Nikkei stock average finished Tuesday down 3.2 percent. In Europe, France’s CAC-40 fell 1.1 percent, Britain’s FTSE 100 declined 0.4 percent, and Germany’s DAX index dropped 3.9 percent.

TRUCKEE — Russ and Joan Jones had a not-uncommon dream: to spend their days with family, enjoying life, making wine. But where others might imagine a lush, sprawling Napa Valley estate, their vision was a little different. 

They figured they’d make wine in Truckee, Calif. — a town that at an altitude of 5,900 feet is frequently the coldest spot in the continental United States during winter. 

Russ Jones credits his wife for the inspiration. Both grew up in Truckee and have been sweethearts since meeting at Tahoe-Truckee High School in the late 1970s. 

“She talked me into doing it,” he said. “I was going to be an electrical engineer.” 

“I thought it would be so romantic to own a winery,” Joan Jones said. 

The location makes for a catchy ad line: the couple bill Truckee River Winery as “the highest and coldest winery in the United States.” 

Nonetheless, the venture didn’t emerge from thin air. Russ Jones, after abandoning the engineering idea, ended up earning a degree in oenology from the University of California, Davis. He then worked at wineries in California and Oregon, where he discovered his love for that state’s fabled grape pinot noir. 

When it came time to settle down, the Joneses weighed their mutual love of wine against a desire to return to the lifestyle of their hometown and decided the two weren’t incompatible. Now, they bottle about 500 cases of wine per year, including pinot noir, zinfandel, merlot and sauvignon blanc, under the label of Truckee River Winery. 

Their first efforts were modest ones. As early “garagistes,” they literally made the wine in their garage. 

“We were just going to make a little batch,” Joan Jones remembered. “We crushed the grapes with our feet. But it was so good our friends kind of prodded us.” 

Their friends weren’t their only fans. That first wine, a 1989 pinot noir, went on to win a bronze medal at the California State Fair. 

High-altitude oenology is a bit more complicated than the alternative — grapevines don’t tolerate the high Sierra cold, so the Joneses contract a year in advance to buy grapes from vineyards in lower, more moderate California climes. 

In September, when the grapes are picked, they truck them up to the winery, which since 1996 has been housed in a picturesque red-and-white barn behind their home. 

“The (work) usually starts after Labor Day and lasts through October,” Russ Jones said. The process starts with the “blessing of the grapes,” in which Russ Jones sprinkles snow saved from the previous spring’s last snowfall over the harvest. Friends and neighbors help with the crush. Then the Joneses ferment the grapes, barrel the juice for aging over the winter, and bottle the results in the spring. 

Russ Jones is particularly proud of 300 cases of about-to-be-released 2000 pinot noir, made with grapes from Gary’s Vineyard in California’s Monterey County. 

“These grapes just had incredible intensity,” Jones said. “The 2000 pinot noir is the best I’ve ever made. Prior to that (my best wine) would be the 97.” 

Meanwhile, out in the sagebrush of western Nevada, the high, dry and occasionally very cold Carson Valley isn’t exactly Eden from a grape growers standpoint. 

Nonetheless, Rick and Kathy Halbardier set out in 1991 to realize their dream of growing wine-worthy grapes in the picturesque valley along the eastern front of the Sierra Nevada range. 

They formed loose partnerships with the University of Nevada, Reno and the Desert Research Institute and embarked on a decade of climatic research, consulting, experimentation and, sometimes, disappointment. 

“It’s a completely different world up here,” Rick Halbardier said of Carson Valley growing conditions. “We learned a lot. We made many mistakes.” 

Not one to be easily dissuaded, Halbardier, who like Jones had studied oenology at U.C. Davis, kept cultivating vines. Ten years, six test vineyards, 30 grape varieties and 3,500 vines later the Halbardiers are about to release Tahoe Ridge Winerys 2001 chardonnay, which Rick Halbardier proudly points to as the first commercial wine made from Nevada-grown vitis vinifera grapes. 

Commercial vineyards were not totally unheard of in the state before the Halbardiers’ attempts. None, however, had grown vinifera, the “old world” European vines favored by winemakers such as those in Napa Valley. 

“The difference is the flavor,” Rick Halbardier said. 

The biggest challenge for vinifera growers, he said, is managing the vines through the winter to prevent dieback. 

“A lot of times our falls will start freezing and we’ll start shutting our irrigation systems down,” he said. “Sometimes we don’t get any rainfall or snowfall until December and the plant will start to dehydrate. It puts a huge amount of stress on the plant. They go dormant in the winter months but they still need moisture to sustain them.”

LOS ANGELES — Southern California got mixed grades in a new study on protecting the environment, ranking high in recycling but nearly failing in use of treated wastewater. 

Few homeowners would use reclaimed water for bathing, cooking or drinking, even if treatment made it as pure as tap water, according to a report card to be issued Wednesday by the UCLA Institute of the Environment. 

That attitude prevailed even though wastewater from showers, sinks and toilets could potentially provide supplies equal to about 50 percent of current water consumption, the report said. 

Consumers were less reluctant to use reclaimed water for outdoor purposes. 

New water supplies are needed because Southern California relies heavily on imported water, notably from the Colorado River, that are shrinking due to demand from other states and environmental protection measures. 

Further, global warming means “the next drought could be more severe and longer than any we can remember, and the problems it creates could make our electricity shortage seem trivial by comparison,” the study concluded. 

The public got a D for its lack of interest in reclaimed water, but the study gave public agencies an A for leadership efforts on the issue, noting that in 2000 the Los Angeles County Sanitation Districts produced more than 520 million gallons of treated wastewater each day. 

The report gave a C+ to state and federal agencies for efforts to protect biodiversity in the face of California’s population growth, noting the state is one of 25 recognized “hotspots” in the world where irreplaceable plant and animal species are severely threatened. 

The Southern California coast was cited as the most critically endangered area of the state. 

At least 21 animal and 34 plant species in California have become extinct in recent decades, including the gray wolf and California grizzly bear, the state’s official animal. Nearly two-thirds of the state’s native fish species are extinct, endangered or in significant decline, the report said. 

The report praised a state program that works with land owners, developers and environmentalists to craft plans to preserve ecosystems. Researchers also said California as a whole has strong popular interest in protecting the environment. 

The state’s relatively strong economy “should allow the region to be at the forefront of worldwide conservation efforts,” it said. 

Southern California got a B+ for increased recycling efforts. But the report warned that “imaginative, potentially expensive and politically controversial programs” will be needed to reverse an increase in the amount of solid waste going to landfills as the population soars. 

The report also graded a series of building projects in the city of Los Angeles. A program to build new urban parks got an A, as did several developments deemed environmentally friendly and energy efficient. 

But the Belmont Learning Complex, the troubled high school construction project near downtown Los Angeles, got a D for planning failures after pockets of methane gas were discovered beneath the site.

SANTA ANA — A Superior Court judge gave a Yorba Linda family until Nov. 5 to get their $650,000 home out of foreclosure, a house they nearly lost when they came up $51.56 short on a monthly mortgage payment. 

Clara and Francisco Alonso have reached an agreement with Washington Mutual that will allow their family to stay in the home, their attorney said. 

Judge James P. Gray granted a tentative preliminary injunction Tuesday setting aside the sale of their foreclosed home. 

Under terms of the agreement, Washington Mutual bought the home back for an undisclosed sum from the real estate speculator who bought it for $200,000 under market value. 

“It’s bittersweet,” said a weeping Clara Alonso outside court. “We’re happy a judge has (administered) justice, but we’re unhappy this happened to us.” 

In a statement issued after the ruling, the bank said it was happy the situation was resolved. 

“(We) would not foreclose on a home simply over a $50 discrepancy. And we haven’t done so with the Alonsos. A foreclosure is a last resort and only happens after every other means of obtaining repayment has been tried,” Washington Mutual said. 

“Having said that, we realize how frustrating this has been and we are pleased that we have reached an agreement.” 

The bank foreclosed and sold the home after Clara Alonso wrote a check for $51.56 less than her $3,994.89 monthly mortgage payment. She said a bank teller gave her the wrong figure. 

Alonso and her husband bought the five-bedroom home with its back yard and swimming pool for $377,000 in 1993 and lived there with their 8- and 20-year-old daughters and their dog, Rocky. 

Earlier this year they ran into financial problems and fell behind in their monthly mortgage payments on the home, which is now worth $650,000.

SACRAMENTO — Armed with an opinion from the Legislature’s attorney, Senate leader John Burton said Tuesday that Proposition 51 is unconstitutional and that lawmakers will ask a court to overturn it if it’s approved by voters. 

But the San Francisco Democrat said he doesn’t want things to get that far. “We are hopeful that the people in their wisdom will figure out that this is a terrible raid on the state treasury,” he said. 

The Nov. 5 ballot measure would earmark 30 percent of the taxes on vehicle sales and leases to pay for a variety of projects that supporters say would relieve traffic congestion or replace unsafe school buses. 

But the legislative counsel’s office, in an opinion requested by Burton, says the measure would violate the state constitution’s requirement that ballot initiatives deal with a single subject. 

“We conclude that the wide variety of environmental projects and programs, development projects and programs and certain other projects and programs included in the initiative ... are not reasonably germane nor functionally related to each other,” the opinion says. 

Opponents say the non-transportation proposals in the initiative include funding for roadside produce stands, wetlands, libraries, child care centers, parks and weed abatement. 

Eddy Moore, transportation director for the Planning and Conservation League, the environmental group sponsoring the initiative, said all of the measure’s projects have some connection to transportation. 

“I have no idea where the produce stand thing came from,” he said. “The other things (listed by opponents) are twisted versions of what’s in there. 

“Every project in this measure is a public benefit project. All of the money flows through existing state and local agencies. Most of the projects in this measure are already written into state law as a priority or have been chosen by state or local agencies as a priority.” 

Burton said he also plans to ask the state Fair Political Practices Commission if the proposition’s backers broke any laws in raising money for the measure, although he concedes they probably didn’t. 

He also wants the FPPC to suggest ways to draft legislation to bar the PCL and other initiative writers from including projects in a ballot measure based on whether their supporters give donations to the campaign. 

A court struck down an earlier attempt to impose such restrictions. 

PCL officials acknowledge they have included projects sought by big contributors in their initiatives. 

“If we were as rich as (Arnold) Schwarzenegger we would not have to do any fund-raising,” said Moore, referring to Proposition 49, a Nov. 5 ballot measure backed by the actor to boost funding for after-school programs.

LOS ANGELES — Former baseball star Steve Garvey did not know that he was making false claims when he said people could use a weight-loss product and eat “forbidden foods” such as buttered biscuits and ribs, his lawyer said Tuesday. 

Garvey believed the product worked after trying it himself and the claims he made in infomercials endorsing the Enforma weight-loss system were scripted, attorney Edward Glynn Jr. said during closing arguments in the non-jury trial before U.S. District Judge Gary A. Feess. 

“He tried it, and he believed in it,” Glynn said of his client, who no longer promotes Enforma products. 

The Federal Trade Commission is suing the former Los Angeles Dodgers and San Diego Padres first baseman for the $1.1 million he received for endorsing Enforma products in infomercials in 1999 and 2000. 

In advertisements, Enforma Natural Products Inc. claimed the system could block fat from being absorbed and increase the body’s capacity to burn it off. 

The claims were false, the FTC said. 

FTC lawyer David P. Frankel had said Garvey made “outrageous” claims during the commercials that were broadcast almost 48,000 times in the United States. 

Frankel quoted Garvey as telling viewers: 

“Look at all these delicious supposedly forbidden foods — barbecued chicken and ribs, buttered biscuits. Foods you can eat when you crave them, without guilt, without worry, and it’s all because of a few little capsules.”

Struggling readers appear to be making significant progress under a four year-old “early literacy” program in the Berkeley’s elementary schools, according to a report released last week. 

The report, authored by the Berkeley Unified School District, shows that 75 percent of kindergarten through fifth-grade students tested at or above grade level in reading last year, compared to 66 percent in 2000. 

The numbers, though, may be skewed by a dramatic leap in test scores at the fourth- and fifth-grade levels. Officials attribute the jump, in part, to greater consistency in the way teachers administer district exams. 

Still, district teachers and leaders say the $1 million-a-year program has yielded admirable results. 

“I’ve been on the board eight years,” said retiring Board of Education member Ted Schultz, during a review of the report last week. “I think this is the best thing we’ve done in eight years.” 

The school board approved the early literacy program in September 1998. Today, each of Berkeley’s 12 elementary schools has two to three literacy specialists in place, providing one-on-one tutoring for about 55 struggling students at a time districtwide. They also provide small group tutoring for more than 100 students districtwide and teacher training for staff at each school. 

Literacy teachers like Mary Barrett, who works at both Rosa Parks and Thousand Oaks elementary schools, make use of a program called “reading recovery” which focuses on word meaning, syntax and phonics. For kids, that means pointing to words as they read, looking at pictures that accompany text, and identifying common “word chunks” like “ing.” 

The district, which focuses intervention efforts on first-, second- and third-graders, attempts to move students through the program in 20 weeks or less. Pupils “graduate” when they have reached the mid-point of reading proficiency in their classrooms. 

Barrett attributes the program’s success to strong training, continued district funding – even in the midst of a budget crisis – and individualized attention for students. 

“One-to-one makes it possible to focus and have a complete lesson,” she said. 

The only drop in scores came in kindergarten, where the percentage of students at or above grade level for literacy skills dipped from 80 percent in 2000 to 66 percent in 2002. 

Donna Van Noord, who administers the district’s early literacy program, said the dip may be the result of variations in the way Berkeley kindergarten instructors are teaching – with some focusing more than others on academic skills, such as recognizing letters. 

“We’re seeing some variations in our kindergarten classes that we really need to look at,” said Van Noord, adding that the district is moving toward a more universal focus on academic skills in kindergarten. 

The study also revealed that “reading recovery” graduates, as they get older, are less and less likely to continue reading at grade level. Last year, 74 percent of first-grade students who participated in reading recovery and graduated read at grade level. Meanwhile 65 percent of fourth-graders, who took part in the program in the 1998-1999 school year, were at grade level. 

Barrett attributed the drop-off to a number of factors, including larger class sizes in the fourth and fifth grades and more complex vocabulary and texts at those grade levels. 

In an ideal world, Van Noord said, the district would have enough money to hire more literacy teachers and boost interventions at the fourth- and fifth-grade levels. 

But for now, Van Noord said, Berkeley’s literacy program is making strides. 

“It’s a great collaborative effort,” she said, giving credit to classroom teachers, literacy instructors, principals, district administrators and the school board. 

Contact reporter at scharfenberg@berkeleydailyplanet.net

To the Editor: 

The only error I saw in the Daily Planet’s accurate article (Oct. 7), was that I advocated dropping some special education programs in the Berkeley school district and not, as reported, students. I suggested we join other schools to form “consortia,” avoiding the $73,716 we pay yearly for behavior counseling for one student, $75,400 yearly for another’s nursing, and speech therapy for hundreds of students at $80 per hour.  

Next, I deeply understand Ms. McDonald-Cacho (Forum, Oct. 14) and her desire to provide for her injured child. I have had a similar experience with the birth disability of my wife’s brother. When I found his testicular cancer (doctors never examined him thoroughly) we, too, struggled to get him good medical care. However, it was not I who “cavalierly” judged the “human worthiness” of the only deformed baby I ever delivered, during my medical studies in Brussels; the otherwise healthy infant was smothered that night... by his parents.  

Since Ms. McDonald-Cacho ridicules my human rights record, I will add that, witnessing euthanasia in Belgian hospitals, I took risks by objecting, and kept a secret log, revealed in “The Lancet” in March, 2001. The journal’s articles on this issue led to groundbreaking legislation in Europe. 

But my human rights work really dates back to my “stint” at Amnesty International. In London recently, I dined with my ex-Amnesty boss, now a knight and long U.N. advisor on torture. He informed me of the increasing acceptance of my proposals on medical ethics, submitted by Amnesty to the U.N. in 1975.  

Finally, Ms. McDonald-Cacho’s remarks about how a women’s world is not a prison hardly merit comment. For example, while Ms. McDonald-Cacho may live free as the wind, my daughter’s award-winning article in Berkeley High’s “Jacket” exposed the exploitation of females in Berkeley by Lakireddy Bali Reddy. This lead to his conviction for importation of female minors for sexual predation. Even in our town women may suffer at the hands of men, a fact I remember even if Ms. McDonald-Cacho doesn't.  

Lance Montauk 

School board candidate

Tuesday, Oct. 22 

Brown Bag Career Talk 

12 to 1 p.m. 

YWCA Turning Point Career Center, 2600 Bancroft Way 

Professional organizer Kathy Waddill hosts “Getting Paid to Help Other People Get Organized”. 

848-6370 

$3 

“Perverts and Sodomites: Homophobia as Hate Speech in South Africa” 

4 to 6 p.m. 

652 Barrows Hall, UC Berkeley 

Vasu Reddy, visiting scholar in rhetoric and comparative literature, speaks. 

642-8338 

Berkeley Special Education Parents’ Network (BSPED) 

7 to 9 p.m. 

Ala Costa Center, 1300 Rose St. 

Presentation: “Parenting Children with Learning and Attentional Differences to Build Success: Learning from Resilience and Success Research” 

525-9262 

Free 

“What is it Like to Be a Robot?” 

8 p.m. 

145 Dwinelle, UC Berkeley 

Tom Sgouros and his robot, Judy, star in a sharp-witted “solo” theater piece in which they discuss stage magic, free will, imagination and other themes in this unique performance. 

www.sgouros.com 

Berkeley Camera Club Meeting 

7:30 p.m. 

Northbrae Community Church, 941 The Alameda 

Share your prints and slides and learn what other photographers are doing. Monthly field trips. 

525-3565 / www.berkeleycameraclub.org 

Wednesday, Oct. 23 

The Independent Institute 

7 p.m. 

Daniel Ellsberg unveils new book, “Secrets: A Memoir of Vietnam and the Pentagon Papers.” 

Zellerbach Auditorium, Bancroft Way and Telegraph 

642-9988 

Berkeley Gray Panthers General Meeting 

1:30 p.m. 

North Berkeley Senior Center, 1901 Hearst St. 

What’s what on the November ballot: A rundown of state and local ballot measures. Shirley Dean and Tom Bates will debate. 548-9696 

Thursday, Oct. 24 

Communication Components Workshop 

State Health Toastmasters Club 

Noon to 1 p.m. 

2151 Berkeley Way 

595-1594 

Free 

Mayoral Debate 

11:30 a.m. to 1:30 p.m. 

Perseverance Hall, Lawrence Berkeley National Laboratory 

The debate between Shirley Dean and Tom Bates will be moderated by Jane Coulter of the League of Women Voters.  

486-4019 

“How to Access Health and Medical Information Through the Internet” 

7 to 9 p.m. 

Claremont branch of the Berkeley Public Library, 2940 Benvenue Ave. 

Learn how to effectively use free scientific databases and do health-related research using the Internet. 

Register in advance: 981-6280 

Free 

Friday, Oct. 25 

“The Library: A Community Legacy” 

11:45 a.m. luncheon, 12:30 p.m. speaker 

City Commons Club, 2315 Durant Ave. 

Anna Rabkin will speak. 

526-2925 or 665-9020 

$11.50 or $12.50 luncheon 

$1 speaker only / students free 

Benefit Fundraiser for Berkeley Liberation Radio 

7 to 10 p.m.. 

379 40th St., Oakland (between Telegraph and Broadway) 

An evening of political activism, music, dancing, poetry and food. 

$10-$15 / No one turned away 

Saturday, Oct. 26 

Math Made Fun - math games. 

1:30 p.m. to 4:30 p.m. 

1 Centennial Dr. - Lawrence Hall of Science  

Free with museum admission 

Pumpkin Carving  

and Costume Making 

10 a.m. to 3 p.m. 

Berkeley Farmers' Market 

Center Street at  

Martin Luther King Jr. Way 

Free 

Emeryville Taiko’s Halloween Extravaganza 

7 to 8:30 p.m. 

1601A 63rd St. (near Hollis St.), in Emeryville 

Fun and games for kids with a Taiko drumming performance at 8:30. 

655-6392 

Kids $5 / adults $10 

Alzheimer’s Disease and the African American Community 

9 a.m. to 12:30 p.m. 

St. Paul AME Church, 2024 Ashby Ave. 

Join the Alzheimer’s Association for this informative morning. Continental breakfast included. 

Preregister: (650) 962-9644 

Free 

MSRI’s 20th Anniversary Celebration 

3 to 5:30 p.m. 

Valley Life Science Building, Chan Shun Auditorium, second floor, Rm 205O, UC Berkeley 

The Mathematical Sciences Research Institute celebrates its birthday with keynote speaker Sir Michael Atiyah. 

601-8700 

Halloween Spook Hunt 

1 to 5 p.m. 

Thousand Oaks School, 840 Colusa Ave. 

Costumes are encouraged at this treasure hunt. Best costume participates free. Meet at 1 p.m. at the park next to Thousand Oaks. 

524-2166 

$7.50-$15 / Families $35 

Lawrence Hall of Science Family Halloween Party 

6:30 to 9:30 p.m. 

Lawrence Hall of Science 

A Halloween bash with magicians, mad scientists, wizards, and a demonstration of how to make an elephant mask. 

Reserve tickets in advance: 642-5134 

$8-$12 

The New School Halloween Bazaar 

10 a.m. to 4 p.m. 

1606 Bonita St. at Cedar 

Face painting, mask-making, children’s games, apple bobbing, and more. 

548-9165 

Free 

Strides to Provide 

8 a..m. to noon 

Oakland’s Lake Merritt 

Alta Bates Summit kicks off its first annual community walk, incorporating fundraising, health ecducation, health screenings, and entertainment. 

Radio station KMEL will provide music. 

204-1167 

Gardening With East Bay Native Plants  

10 a.m. to 2 p.m. 

Ecology Center, 2530 San Pablo Ave. near Dwight Way 

Hands-on workshop touching on many aspects of “restoration gardening”. 

Reservations required: 548-2220 x233 

$15 Ecology Center members,  

$25 others, 

no one turned away for lack of funds. 

Tuesday, Oct 22 

Gator Beat 

Cajun dance lesson 8 p.m. 

Show 8:30 p.m. 

Ashkenaz, 1317 San Pablo Ave. at Gilman 

Louisiana-born accordionist and singer Richard Domingue leads this sextet. 

525-5054 

$8 

Wednesday, Oct. 23 

Steve Lucky Quartet with Miss Carmen Getit 

Ashkenaz, 1317 San Pablo Ave. at Gilman 

Swing dance lesson 8 p.m. 

Show 9 p.m. 

525-5054 

$8 

Thursday, Oct. 24 

UC Berkeley Jazz Ensembles 

Noon 

Lower Sproul Plaza, UC Berkeley 

Every Thursday. Featured groups range from Thursday Big Band to the Marty Wehner Sextet. 

486-1199 

Free 

Grateful Dead DJ Nite 

10 p.m. to 2 a.m. 

Ashkenaz, 1317 San Pablo Ave. at Gilman 

Spin with Digital Dave’s Grateful Dead tunes. 

525-5054 

$5 

Friday, Oct. 25 

UC Choral Ensembles Halloween Show 

6 and 8 p.m. (Two shows) 

155 Dwinelle, UC Berkeley 

Featuring nine UC choral ensembles, including the Women’s Chorale, the Men’s Chorale, and the Men’s Octet. 

642-3880 

$7 general / $5 students 

Afro-Muzika 

9:30 p.m. 

Ashkenaz, 1317 San Pablo Ave. at Gilman 

The nine members of this group sing, play and dance the infectious soukous party music of the Democratic Republic of the Congo. 

525-5054 

$12 

Saturday, Oct. 26 

Lisa B. 

7 p.m. / Open mic sign-up 6:30 p.m. 

Berkeley Art Center, 1275 Walnut St. 

Presented by Rhythm & Muse. 

Free / donations accepted 

Kotoja 

Dance lesson 9 p.m. 

Show 9:30 p.m. 

Ashkenaz, 1317 San Pablo Ave. at Gilman 

Known in the Bay Area’s World Beat and Afro-beat scene, Kotoja features bandmembers from West Africa and America. 

525-5054 

$12 

Sunday, Oct. 27 

Larry Schneider 

4:30 p.m. 

Jazzschool, 2087 Addison St. 

Internationally performing saxophonist. 

845-5373 

$10-$15 

Turning Point: Sacred Music Before and After the Second Vatican Council 

4 p.m. 

United Christian Church, 2401 Le Conte Ave. 

Sacred choral music, sponsored by the Graduate Theological Union. 

(415) 431-4234 

Free 

Kazuhisa Uchihashi 

8:15 p.m. 

TUVA Space, 3192 Adeline at Martin Luther King, Jr. Way 

ACME Observatory Contemporary Performance Series presents this Japanese experimental electric guitarist. 

649-8744 

$0-$20 Sliding scale 

“Please Pay Attention” 

Through Oct. 25 

4 p.m. to 7 p.m. 

Worth Ryder Gallery, 116 Kroeber Hall 

UC Art graduates feature drawings, video, etc. 

DepartmentofArtPractice 

Ceramics - Opening Reception 

Through Nov. 17 

3 to 5 p.m. 

A New Leaf Gallery, 1286 Gilman St. 

525-7621 

Free 

“Hunger: What will you do about it?”  

Through Oct. 30  

Mon.-Fri., 9 a.m. to 5 p.m. 

The Civic Center Building 

2180 Milvia St., 5th floor 

Featuring 40 photographs  

by Berkeley artist David Bacon. 

834-3663, Ext. 338,  

uchanse@secondharvest.org 

“Recent Acquisitions” 

Through Dec. 14 

Thurs., Fri., and Sat., 1 to 4 p.m. 

Berkeley Historical Society, Veterans Memorial Building, 1931 Center St. 

848-0181 

Free 

Alarms and Excursions 

Nov. 15 through 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 to $35. 

Tuesday, Oct. 22 

“Sara’s Children; The Destruction of Chmielnik” 

7:30 p.m. 

Barnes & Noble, 2352 Shattuck Ave. 

Journalist Suzan Hagstrom will speak on her nonfiction book, which delves into the Holocaust. 

644-3635 

“A Language Older Than Words” 

7 p.m. 

2350 San Pablo Ave. near Dwight Way 

An evening with author Derrick Jensen, with music by Andrea Pritchett. 

548-2220 

$6-$10/ Sliding scale. 

Wednesday, Oct. 23 

An evening with Simon Winchester 

7 p.m. 

Sibley Auditorium, Bechtel Engineering Center, UC Berkeley 

Join the author of bestsellers “The Map That Changed the World” and “The Professor and the Madman”, along with Don George, global travel editor for Lonely Planet Publications, for an evening of lively conversations. 

893-8555 

Free 

Stephanie Strickland and Valerie Coulton 

7:30 p.m. 

Cody’s Books, 2454 Telegraph Ave. 

Poetry reading. 

525-5476, $2 donation 

Thursday, Oct. 24 

Joanne Kyger and Garret Caples 

4:30 p.m. 

Maud Fife Room, 315 Wheeler Hall, UC Berkeley 

Part of Holloway Poetry Series 2002. 

Free 

For most of his young life, Sean Young didn’t want to go to Cal. Enter new Golden Bears coach Jeff Tedford – now it looks like Berkeley fans will be able to see Young at Memorial Stadium on a regular basis. 

The Berkeley High senior is one of the fastest wide receivers on the West Coast, running a blazing 4.48 seconds over 40 yards. He verbally committed to Cal during the summer, though he hasn’t signed anything yet. The official signing date for football recruits is in February.  

Young is one of many reasons the Yellowjackets are unbeaten at 6-0 this season. On an offense that likes to run the ball, he is the main receiver and has nine receptions for 230 yards and three touchdowns. The Berkeley coaches have also been using his speed in the running game, with Young running for 280 yards and four touchdowns. 

Young didn’t make any catches in Berkeley High’s 34-28 overtime win Friday night over Hercules, but he ran a double reverse for 37 yards and a touchdown that put Berkeley up 28-12 in the fourth quarter. 

“He’s made some big plays for us this year,” Berkeley head coach Matt Bissell said. “He’s a great player, and we hope to ride him a few more games.” 

A few Pac-10 schools noticed what Young has done through the years. UCLA, Washington, Arizona and Cal all vied for his services. 

Young grew up near Cal, but the Golden Bears didn’t exactly wow him. He went to home games at Memorial Stadium, but Cal’s losing records in recent years, including a 1-10 season last year, kept him focused on his childhood goal – going south to UCLA. 

His decision came down to the Bears and Bruins. 

“Pretty much all my life I’d always wanted to go to UCLA,” he said. “I just grew up liking the Bruins and I always wanted to go to school there. That was a big factor, too. I really didn’t think about football much until I started getting better.” 

The arrival of Tedford and a potent offensive attack has given Cal a 5-3 record and changed Young’s mind. 

“I like how [Tedford] passes the ball,” he said. “I think I’ll have a chance to do well there.” 

“I was never interested in going to Cal when [former coach Tom Holmoe] was there. But knowing that Tedford was coming in there and bringing in a good offense, which I see already, they really interested me a lot. I knew a lot about him and knew at Oregon he helped to build it into a powerhouse. I knew with him coming to Cal he’d be doing the same thing. 

“I was deciding between UCLA and Cal. I weighed which school would benefit me more, and I thought it’d be really great if I could go to Cal. My family can come up to watch me, and I can stay close to home, close to my family.” 

Young is aware that Tedford’s instant success at Cal could lead other colleges or professional teams to woo Tedford away from Berkeley, a la the San Francisco 49ers and former Cal coach Steve Mariucci. 

Such a scenario, he says, would be one of the only ways he might not end up a Golden Bear. 

“I was actually thinking about that,” Young said. “It really started to scare me. If Tedford left, I’d really have to rethink things. It would be really big. I don’t think I’d go there.” 

Whichever school lands the talented Young will find a receiver with a strong work ethic who improved his game between his junior and senior years. As a junior, Young joined the Berkeley High track team, running the 100, 200 and 4x100 relay, because he wanted to get faster for football. 

“I heard that a lot of football players run track because it’ll help you get faster, and a lot of colleges wanted to see that,” he said. “It’s a fun experience also just to run track.” 

Young’s previous best time in the 40 was 4.59 seconds. At a football camp last summer, he clocked in at 4.48. 

Bissell appreciates Young’s offseason work, which has made a noticeable impact on his game. Last year, he scored seven touchdowns all season but has already matched that through six games this year.

A north Berkeley housing complex planned for where an old gas station once stood at 1797 Shattuck Ave. could pose health risks to neighbors, according to nearby residents. 

Art Goldberg, who lives a few blocks from the site, insists that a Chevron gas station contaminated the property with cancer-causing gasoline additives MTBE and benzene until its closure in 1999. The site’s current development plan, he says, fails to protect neighbors from residual gasoline vapors that may be released during construction of the proposed five-story complex. 

“There is highly toxic stuff floating around in the ground there, and the city is just ignoring it,” said Goldberg. 

But city staff refuted environmental concerns. They say their plan to safeguard neighbors and workers is sufficient and has worked at other sites with similar contamination. 

Tonight, City Council will consider an appeal of the project filed by Goldberg and neighbor Barry Wofsy, who say they will sue the city if council approves the development. The project was proposed by Berkeley-developer Avi Nevo and is slated to contain four stories of housing above a floor of shops. 

In July, the Zoning Adjustment Board voted unanimously to approve the project, signaling that it was comfortable with city plans to deal with hazardous chemicals. 

Goldberg’s appeal to the ZAB decision argues that the city didn’t conduct an adequate environmental review before signing off on the development. 

Currently under the plan, Chevron will hire Cambria Environmental Technology, an environmental cleanup contractor to monitor the site and remove contaminated soil. According to Bob Foss, Senior Project Geologist at Cambria, the company will have state-of-the-art detectors measuring vapors released from the construction site to assure safe conditions. 

“If vapor concentrations reach dangerous levels, we can request that the contractors shut down the operation,” said Foss, who said vapors can be limited by wetting the soil and then taking the soil to a waste site. 

Goldberg, though, worries that Cambria’s first loyalty will be to Chevron’s bottom line and not city residents.  

“I don’t see how the city can let a developer do this,” said Goldberg, who wants a preliminary cleanup done by a city-appointed firm. “If a developer pays the consultant, they’re going to give him the result he wants.” 

But Nevo explained that Chevron is required to hire an independent environmental firm because they are responsible for the contamination. 

City hazardous materials specialist Geoffrey Fiedler said that on-site monitors have already shown that benzene levels are decreasing. He noted that an extensive cleanup, suggested by Goldberg, could pose more risks than just letting the hazardous materials naturally dissipate. 

Fiedler said that parties involved in the Shattuck development did a nearly identical project at 1820 Solano Ave., where the city also worked to prevent release of harmful vapors from a Chevron gas station. 

Nevo said the Shatuck development was designed with the gas station in mind and seeks to minimize possible exposure to harmful gas chemicals. An underground garage will be dug in an area that has not tested positive for chemicals, while the most contaminated space will be covered with concrete. 

“This is not the first building built on a gas station,” he said.  

Contact reporter at 

matt@berkeleydailyplanet.net

To the Editor: 

We write to correct recent statements about the League of Women Voters’ views on building heights in Berkeley. In a recent debate on the local cable channel, Norine Smith incorrectly stated that the league had supported skyscrapers and excessively tall buildings proposed in a draft 1999 General Plan. We must correct the record before the program airs again. 

The league strongly objected in 1999 to very high densities and heights in downtown. The 1999 General Plan update, was a draft presented for discussion only. We therefore commented to the planning department in a July 1999 letter, as follows: “The downtown FAR development intensities, which are the same as Oakland’s, are inconsistent with the downtown plan. If the staff believes this density is appropriate for Berkeley, the case needs to be made and discussed publicly rather than hidden in obscure measurements. …The update simply allows the greater intensity as if by right. Formerly, urban design visions for Berkeley saw building heights stepping up to the hills, not challenging them or the Campanile for prominence.” 

Measure P, the height initiative, supporters also claim Berkeley, as a whole, is too dense. Yet our population has dropped from 114,091 in 1970 to 102,743 in 2000. Adjusting for errors by the census, we’ve lost between 8,000 and 11,000 residents. How can we be too dense when we’ve lost population in the last 30 years? Berkeley is largely residential, with relatively little land devoted to other uses. So if you divide the population by the area [10.5 sq. miles], you’ll come up with a relatively high density compared with cities with more land devoted to industrial or other uses. 

Measure P claims to be a solution to traffic and density. It will actually increase traffic, by forcing more and more people to commute – as the university and local jobs grow, and as the people who fill those jobs become commuters. Measure P is a no-growth measure that would stop construction of affordable housing. 

Nancy Bickel 

President, 

League of Women Voters of 

Berkeley, Albany and Emeryville 

SAN FRANCISCO — Just mention Pacific Bell Park and what’s the first image that comes to mind? Barry Bonds plopping balls into the water, of course. 

Funny thing about that picture: It’s out of focus. 

Believe it or not, there were fewer home runs hit at Pac Bell this year than any ballpark in the majors. And that’s fine with the Giants as the World Series shifts to San Francisco for Game 3 Tuesday night. 

The Anaheim Angels and Giants already have combined to hit 11 homers, by far a record for the first two games of any World Series. After Tim Salmon connected twice Sunday night and sent the Giants to an 11-10 loss that left them with a split at Edison Field, they were eager to return home. 

“For all the fans who like to see teams scoring runs and stuff, yeah, it was a great ballgame to watch,” shortstop Rich Aurilia said. “It’s not the typical type of game you want to be involved in. We’d rather see a lower-scoring game.” 

“People who have never been to our park probably will be in for a surprise at the kind of hitter’s park it is. It’s not much of one. So I don’t think we’ll see 21 runs scored,” he said. 

J.T. Snow, who has one of the Giants’ seven homers, agreed. 

“We’d like to get back to our park, play our style of game, keep some of those balls in the ballpark and see what happens,” he said. 

Right after Hall of Famer Willie Mays throws out the first pitch, the rules change as Pac Bell hosts its first Series game. No more designated hitter in the NL park, and the Giants like that a lot as the emphasis goes from longballs to small ball. 

Minus DH Brad Fullmer, the Angels could be at a big disadvantage — the same scenario AL teams face each other when they go on the road in the World Series. 

San Francisco figures to enjoy an edge on the mound and at the plate when Livan Hernandez pitches against Ramon Ortiz in Game 3. 

Along with being 6-0 lifetime in the postseason, Hernandez swings a pretty good bat. 

Hernandez is at .242 with 99 career hits, including four home runs and 39 RBIs. Plus he’s put down 34 sacrifice bunts, 10 of them this season. 

Ortiz is another story. He’s 0-for-14 lifetime, with five strikeouts and no successful bunts. 

“We do have a bit of an advantage with the pitchers. Our pitchers are used to hitting and bunting,” Giants manager Dusty Baker said. “Now we’re going back to play National League ball.” 

“I don’t really anticipate 11-10 in our ballpark,” he said. 

Oh, there was that game at Pac Bell last Aug. 6: Giants 11, Cubs 10. 

But Baker’s point was made. Other than that Cubs-Giants affair, there weren’t any games in San Francisco this year when the teams totaled more than 17 runs. 

That’s OK with Anaheim manager Mike Scioscia, who learned his strategy in the NL while catching 13 seasons for Los Angeles. 

The Angels reflected that style in the first two games. They aggressively ran the bases, including Fullmer stealing home, tried to hit-and-run and bunted. 

“We’re not always going to pound the ball,” Scioscia said. “We have to have those little balls. Those guys at the top of the lineup, they worked counts, got on base and definitely set a tone.” 

Many of the Angels have played at Pac Bell in interleague games, though they did not visit this year. So they won’t be deceived by the seemingly short distances — 309 feet to right field and 399 feet center. 

Odd angles and high walls make it a tough place to hit home runs. There were only 114 at Pac Bell this year, down about 33 percent from other major league ballparks. 

Bonds hit 19 of his 46 regular-season homers at Pac Bell, and added a splash shot into McCovey Cove against St. Louis in the NLCS.

Democracy, public safety and about $47 million in taxpayer dollars will be at stake Nov. 5 when Berkeley voters cast ballots on Measure J. 

The most expensive proposition on the local ballot, Measure J would authorize the city to issue $21.5 million in bonds to renovate and seismically-retrofit old City Hall at 2134 Martin Luther King Jr. Way. Approval requires a two-thirds vote. 

Berkeley property owners would pick up the tab, expected to mount to $47 million with interest. The average homeowner would pay about $20 per year in additional property taxes for 30 years to fund the project. 

Old City Hall currently serves as district headquarters for the Berkeley Unified School District, with about 50 employees on the premises, and plays host to City Council, Board of Education and other public meetings on a weekly basis. 

Supporters say a retrofit is vital to protect the safety of school employees and the hundreds of officials and members of the public who use the building’s City Council chambers for meetings. 

“It’s an unsafe building,” said Mayor Shirley Dean, a chief supporter of the measure. “We know the big earthquake is coming.” 

But opponents say the retrofit is an expensive proposition in the midst of an economic downturn. They also point out that the renovation plan, in an attempt to improve handicapped accessibility and comfort, would decrease the number of public seats in the City Council chambers from 110 to approximately 65 to 75. 

“We’re spending $21.5 million, $47 million over the life of the project, and we’re not even going to end up with a decent meeting space,” said City Councilmember Dona Spring, a chief opponent of Measure J. 

In May, as an alternative, Spring proposed adding a new $4.5 million wing to the building, including a 250-seat City Council chamber. But the council rejected the idea as too expensive. 

Spring said the city has been forced, during a few public meetings in recent years, to lock out members of the public for fire safety reasons. Decreasing the size of the City Council chambers, as currently planned, would not improve the situation, she said. 

“There’s only a few meetings a year that exceed the capacity of the City Council chambers,” Dean replied, adding that the city is considering an adjacent overflow room, with a television feed, for meetings that attract large crowds. 

Spring said the overflow room would only frustrate members of the public, upset that they could not get into the main chamber. 

Spring, who uses a wheelchair, also argued that the planned chamber does not provide enough handicapped accessibility. She said there should be enough space in the aisles to accommodate not just one, but two wheelchairs at once. Dean points out that the design meets all accessibility codes. 

Carrie Olson, chairperson of the Landmarks Preservation Commission, said it would be “unconscionable” to go much longer without retrofitting the building because of public safety concerns. 

But she also said the city should protect old City Hall, the first Berkeley building to win landmark status, for historical and architectural reasons. 

“It’s a jewel,” Olson said. 

Designed by architects John Bakewell and Arthur Brown, Jr., who also crafted San Francisco City Hall and the San Francisco Opera House, Berkeley’s old City Hall opened in 1909 and served as the home of Berkeley city government until 1977. 

“It has a civic stature that other buildings (in Berkeley) don’t have,” said Burton Edwards, also of the Landmarks Preservation Commission, drawing particular attention to the cupola, a special spire, on the building’s roof. 

If Measure J passes, it would take roughly two years to complete planning and another year-and-a-half to two years to finish construction, according to Berkeley’s Director of Public Works Rene Cardinaux. 

Whether the measure passes or not, one prickly question would be what to do, in the long run, with the Berkeley Unified School District’s district headquarters.  

The district currently has a $1 a year lease on old City Hall through the end of the decade and some observers say the city has an eye on taking back the building when the lease runs out. 

Dean and Berkeley Unified’s Associate Superintendent of Business and Operations Jerry Kurr said the city and district have not discussed the matter. 

Contact reporter at 

scharfenberg@berkeleydailyplanet.net  

To the Editor: 

The League of Women Voters urges a no vote on Measure P with their signs posted on utility polls and median strips throughout the city of Berkeley. How many of the league’s members actually live within the shadows that will be cast by the high-rise buildings they advocate constructing along Shattuck, San Pablo and University avenues? Is this just another case of “do as we say, don’t do as we do”? Will neighbors now living in these areas, and who will be losing sunlight and views, have any say in this matter? 

Sheila Andres 

Berkeley 

Berkeley police arrested 12 men for soliciting prostitutes along San Pablo and Heinz avenues during a four-hour sting Friday evening, police said. 

Two female officers in the department’s Special Enforcement Unit (SEU) posed as prostitutes, while other SEU officers arrested men who propositioned the decoys, according to Public information Officer Mary Kusmiss. 

The sting was the fourth in a series of operations aimed at combating prostitution in southwest Berkeley. To date, a combined total of 56 prostitutes and “johns” have been arrested in the stings, Kusmiss said. 

San Pablo Avenue has long been plagued by prostitution because it offers sex workers heavy car traffic and provides easy access to isolated areas in west Berkeley that are conducive to illicit sex, according to police. 

The 12 men were arrested on misdemeanor charges of soliciting the officers to engage in sex acts. They resided from several Bay Area cities, and one came from as far away as San Jose. 

Contact reporter at 

matt@berkeleydailyplanet.net

To the Editor: 

Prove this country is still a democracy and exercise your right to vote. When officials (questionably “elected” or not) cry for a “war for democracy,” while slowly eroding personal freedoms and increasing surveillance of its citizens – all the while condemning dissent and differences of opinion in how to handle the world affairs - one begins to wonder what country we are in.  

Presidential spokesman Ari Fleischer warned the press, “Watch what you do, watch what you say.” Citizens of our beautiful country can be stripped of their rights if the government deems them “enemy combatants.” How can we call this a democracy when the mere mention of an alternative opinion strikes accusation that one is not a true American? It is only truly American to question our leaders and demand their attention. We elect officials to work for us. We the people. Let them know what you think and please go and vote. 

Ask yourself if you feel more secure than you did a year ago. The United States may have defeated the Taliban in Afghanistan but Afghanistan is now diving into chaos. Has terrorism been deterred? The al-Qaeda seems to have resurfaced – bombing in Bali and the Philippines. Here at home, in the suburbs of Washington, D.C., we are terrified by a sniper and the Bay Area has been plagued with violent robbery. What about your job security or your savings? Layoffs loom while the numbers of capable and intelligent people joining the ranks of the unemployed are steadily on the rise. Jobs are still scarce and rents are still high.  

Defend our democracy. Go out and vote! 

Mary McGloin 

Alameda

ROCKVILLE — In a tantalizing turn in the hunt for the Washington-area sniper, investigators said Monday the killer apparently tried to contact them in a phone call that was too “unclear” to be understood. They pleaded with the person to call back. 

The announcement came hours after Virginia authorities surrounded a white van parked at a pay phone in Richmond, Va., and seized two men. Police later said the men had nothing to do with the case and would be deported for immigration violations. 

The most intriguing development came from Montgomery County Police Chief Charles Moose, who is in charge of the investigation. 

Moose disclosed for the first time that a call had been received from someone of high interest to investigators — but the call was somehow muddled. 

“The person you called could not hear everything you said. The audio was unclear and we want to get it right. Call us back so that we can clearly understand,” Moose said. 

He did not disclose who received the call, when or where it was made or other details. 

But investigators believe the call may have come from the sniper and that the caller was the same person who left a note and phone number Saturday night at the scene of the latest shooting, a law enforcement source told The Associated Press on condition of anonymity. 

For the second consecutive day, Moose seemed intent on establishing a dialogue with the killer. On Sunday, he publicly pleaded with the note writer to call authorities. 

Early Monday, he said: “The message that needs to be delivered is that we are going to respond to a message that we have received. We are preparing our response at this time.” 

Moose said he could not discuss the message further. 

The flurry of activity raised hope there had been a break in the search for the sniper who has killed nine people and critically wounded three others in Virginia, Maryland and Washington since Oct. 2. 

The latest attack came Saturday night in a steakhouse parking lot in Ashland, just north of Richmond. The victim, a 37-year-old man, was felled by a single shot to the stomach. 

He remained in critical but stable condition at a Richmond hospital Monday after having his spleen and parts of his pancreas and stomach removed. Surgeons removed the bullet from the victim, and authorities said Monday that ballistics tests had linked the slug to the sniper. 

Surgeon Rao Ivatury said the man is conscious and responding to wife’s voice, but will need additional surgery in the next few days. 

“He still has a long way to go,” Ivatury said. 

Through the hospital, the wife issued a statement saying the care and prayers she and her husband have received “have been a bright ray of hope and comfort.” 

“Please pray also for the attacker and that no one else is hurt,” she said.

Berkeley is set to usher in an unprecedented period of peace with labor. 

Tonight, the City Council is expected to approve a two-year contact extension with city firefighters that would go through 2006. With municipal workers and police officers signing through 2007, the city is likely to have four years before it returns to the bargaining table. 

Recent contract renewals, which included a three-month stalemate between municipal workers and the city, have been a trying time for city officials who are happy to put the negotiations behind them. 

“If you know how many hours of staff time we have to spend in negotiations that is hundreds of thousands of dollars,” said Councilmember Kriss Worthington. 

Firefighter salaries came to the table when they requested that the city renegotiate their four-year contract. Though firefighters signed a contract in 2000, they wanted more after city police officers negotiated a more lucrative deal in 2001. The city agreed. 

“Everyone is pretty ecstatic that this was accomplished,” said Lt. Rick Guzman, president of Local 1227 of the International Association of Fire Fighters. “What the city did [to renegotiate] was pretty much unheard of.” 

During the 2000 negotiations, firefighters surrendered 7.75 percent of their wages in order to get an improved pension plan. The following year, however, police officers won the same pension benefits without giving up any salary. 

The new contract restores 7.6 percent in wages. In return the firefighters agreed to extend the contract for two years with yearly raises of 5 percent in 2005 and 6 percent in 2006. Firefighters will now reach the top salary range after six years of service instead of 12. Berkeley firefighters on average make approximately $50,000, but can earn more than $100,000 with overtime, according to a city official. 

The contract modifications will cost the city $2.6 million, according to a city report. The pay hike will add to the city’s current 2.1 million city deficit, but city officials have said in interviews earlier this month that locking in labor costs will better enable them to plan upcoming budgets. 

Contact reporter at matt@berkeleydailyplanet.net

OAKLAND — The Oakland Police Department reports that investigators are looking into the city's 90th killing as of Monday. 

Homicide Lt. Brian Thiem said the slaying in the 500 block of Sycamore Street was reported at 1:47 p.m. Monday. 

According to Thiem, a witness who was walking in the area noticed a man who had been shot to death sitting in a Honda Civic. 

“We don't know why or who (the victim) is at this point,” Thiem said. 

The city recorded 87 homicides in all of last year.

A lot of attention has been given to green building lately. With that attention has come some confusion about what precisely green building is. Other terms, like “healthy” building, “natural” building, and “sustainable” building, or development, also add to the confusion. This is a complex topic that we will try to clarify in today’s “Power Play” and in the Nov. 11 “Power Play.” 

In a nutshell, green building strives to provide healthy, comfortable interiors for building occupants; to maximize operational savings through efficient use of water and energy; and to maximize the positive impacts of development on the natural environment, including reducing suburban sprawl, making more efficient use of existing developed areas, and cleaning up previously polluted sites. 

Most buildings have the potential to become greener when remodeling – from commercial or multi-story apartments to single-family homes. Major green building categories are water and energy efficiency, indoor air quality, site design and solar orientation, building material choice, and operational and maintenance considerations. 

For larger developments, the most energy-efficient measures include locating a building on a relatively small “footprint” on the site, which means going up, not spreading out. This does a number of beneficial things, including covering less ground and allowing rainfall to soak into unpaved areas, and reducing the amount of energy needed for heating by having common floors and ceilings between units that help insulate each other. It also reduces cooling loads on the building, since there is more exterior wall space to incorporate operable windows. 

With operable windows and interior ventilator stacks for natural ventilation, occupants are able to adjust the air freshness and temperature to suit their own needs without using air conditioning. This measure reduces up-front costs for the builder and eliminates the air conditioning expenses for building occupants. Berkeley is fortunate to have an excellent climate for natural ventilation. 

Larger buildings located near public transportation, shopping and schools will reduce transportation costs for building occupants, eliminating a major source of pollution – driving. For every gallon of gasoline burned, 20 pounds of carbon dioxide equivalent (CO2e – a mixture of greenhouse gases) is produced. For example, say that 30 Berkeley residents commute 27 miles round trip to work. Driving in vehicles that got a generous 27 miles per gallon, they would release 78 tons of CO2e annually in a 27-mile daily commute. If these residents used public transportation, they would generate less of CO2e and reduce traffic congestion as well.  

If those 30 residents had to commute 80 miles round trip each day from the suburbs, they would generate 234 tons of CO2e annually. The news is worse if their vehicles only get 18 or 20 MPG, as many SUVs do. Eliminating the need to commute great distances is the fastest and easiest way to reduce pollution, reduce our reliance on imported oil, and improve air and water quality for all Bay Area residents.  

Using non-toxic building materials is another aspect of green building. Sometimes called “healthy” building, their construction materials and interior finishes are free of the toxic ingredients that traditional building materials have. Buildings constructed with non-toxic building products have far better indoor air quality and are healthier for the building’s occupants, as well as the workers who manufacture the building products.  

Formaldehyde is used in plywood and wood composite boards, urea-foam insulation, and permanent-press fabrics such as drapes and upholstery. These materials continue to emit formaldehyde gas for as many as ten years, especially when exposed to heat or direct sunlight. Switching to solid wood trim and cabinets instead of MDF (medium density fiberboard) will also help improve indoor air quality. It is also safer for workers to use. 

Vinyl emits polychlorinated biphenals (PCBs) and dioxin, which according to the EPA is “one of the most toxic and environmentally stable tricyclic aromatic compounds of its structural class,” meaning that it does not break down easily in the environment. Vinyl building products include windows, siding and flooring, PVC pipes, adhesives, and vinyl shower curtains. Vinyl windows and siding are exposed to direct sunlight, which increases their rate of dioxin gas emission. 

Citations issued in  

crosswalk sting operation 

PETALUMA — Petaluma police said today they issued 67 citations during a five-hour period Thursday to motorists who failed to stop for an officer dressed in civilian clothing posing as a pedestrian. 

Rohnert Park officers assisted Petaluma police by stopping motorists during the "crosswalk sting operation'' at seven separate  

intersections, Petaluma Sgt. Tim Lyons said. 

Lyons said the sting was in response to recent citizen complaints and collisions involving pedestrians. A majority of the citations were issued  

at East Washington and Baylis streets, Lyons said. 

Petaluma police consider the number of violations excessive and plan to repeat the crosswalk sting operation again, Lyons said. 

Caltrain rolls out Baby Bullet 

SAN FRANCISCO — Caltrain is expected to inaugurate Japanese-style Baby Bullet trains this week. 

Five of the 17 Baby Bullet cars will go into service Oct. 22, making one midday round trip. Caltrain will run the cars with its current fleet of locomotives until six new Baby Bullet engines arrive early next year. 

Express train schedules will not be implemented until bypass tracks, signal work and other improvements be completed in mid-2004. 

The express trains will be able to skip some stations and pass slower trains on the new tracks. Though they can reach 95 mph, the speed limit along the corridor is 79 mph, and the new trains typically will go about 70 mph. Current trains must stop too frequently to go 70 mph for an extended stretch. 

Built by Bombardier Corp., the Baby Bullet trains have a new color scheme and new design. The express trains will cost $55 million; it will cost an additional $110 million for the upgraded track, new signals, and other improvements, Caltrain said. 

As many as 10 million passengers ride Caltrains annually. The 77-mile system runs through Santa Clara, San Francisco and San Mateo counties. 

Transit district wants property taxes raised for seismic work 

SAN FRANCISCO — The transit district is asking voters in San Francisco, Alameda and Contra Costa counties to pass a $1.05 billion bond measure that would raise property taxes to pay for seismic work for the Bay Area Rapid Transit system. 

BART officials and seismic safety experts warn that a major temblor could damage the transit system so severely it could take nearly two years to completely recover. 

Measure BB is one of three transportation tax issues facing voters in the Bay Area on Nov. 5. 

Bolstering BART by passing Measure BB would cost property owners an average of $7.80 per $100,000 of assessed property values each year for the next 40 years. 

Measure BB opponents object to forcing property owners to pay the price. They say BART riders should foot the bill with higher fares.

SACRAMENTO — California’s teen birth rate has dipped below the national average for the first time since 1980, the state Department of Health Services reported Monday. 

About 45 out of every 1,000 teen females, aged 15 to 19, gave birth in 2001, the lowest number since 1991, when 73 births per thousand were reported. 

“More teens are entering their reproductive age in years to come than we’ve seen in previous times,” said Diana Bonta, director of the state Department of Health Services. “We must continue the downward teen birth rate trend ... and certainly encourage responsible behavior.” 

California currently ranks 32nd in the nation, where it has remained for the last few years as national averages have also declined at a similar rate. Last year’s number put California just below the national average of 46 per thousand. 

“We’ve kind of lagged behind the rest of the country and the national average,” said Anna Ramirez, chief of the Office of Family Planning. “This year is the first year we’ve had the great news.” 

Officials attribute the decline to the state’s media campaign, which encourages sexual responsibility among teenagers and educates them about their options. The campaign — featuring the slogan, “It’s up to me” — offers messages to teenagers, such as, “We want to do really cool things with our time, not become parents before our time.” 

Kathy Kneer, president of Planned Parenthood Affiliates of California, said this approach is more effective than the Bush administration’s focus on the practice of abstinence. “That probably hasn’t happened since Adam and Eve.” 

California’s programs encourage male involvement in preventing unplanned pregnancy and absentee fatherhood, access to family health services and parent-teen communication, Kneer said. 

For every dollar spent on these prevention services, she said, the state saves $4.48 on unplanned pregnancies. 

State officials also reported a drop in the teen birth rate in 32 of California’s 58 counties. The Central Valley retains the highest rates, with Fresno, Kings and Yuba counties leading the state with almost 70 births per thousand. Marin County came in with the lowest at only 12.9. 

When broken down by ethnicity, the birth rate remains the highest among Hispanic teens, with 86.2 births per thousand. African American teens have the next highest birth rate, with 53.3, and Asian and Pacific Islander Americans have the lowest, with 15.6. All ethnic groups, however, have experienced a drop from the previous year. 

While California’s teen birth rate has hovered around the median, statistics compiled by The National Campaign to Prevent Teen Pregnancy show the state typically has had one of the highest teen pregnancy rates in the country. 

Kneer insisted the statistic does not reflect an increase in abortions, citing a 60 percent decrease in state-funded abortions for all females since 1990.

NEW YORK — Investors rewarded Wall Street for an upbeat earnings season again Monday, pushing stocks sharply higher and extending two weeks of stunning gains. The market overcame an earlier round of profit taking and saw the Dow Jones industrials shoot up more than 200 points. 

Analysts attributed Monday’s advance to the market’s own upward momentum and to budding optimism by investors who have seen big companies such as General Motors, Citigroup and IBM beat earnings expectations. However, Monday’s batch of earnings reports was rather lackluster. 

“There is a euphoria,” in the market, said Brian Bruce, director of global investments, PanAgora Asset Management Inc. in Boston. “People have been waiting for something to be enthusiastic about. Today is an example of people wanting to see the glass half full.” 

After falling 91 points early in the session, the Dow Jones industrial average closed up 215.84, or 2.6 percent, at 8,538.24. In the past eight sessions, the Dow has jumped 1,251 points — 502 in the past three sessions. 

The market’s broader indicators were also higher, having shaken off earlier losses of their own. The Nasdaq composite index rose 21.81, or 1.7 percent, to 1,309.67. The Standard & Poor’s 500 index advanced 15.33, or 1.7 percent, to 899.72. 

Monday represented the third up day in a row for Wall Street. The gauges were also building on two straight winning weeks, their first such streak in two months. Since hitting an upward trend on Oct. 9, the Dow has risen 17.2 percent. The Nasdaq has jumped 17.6 percent and the S&P 500 has soared 15.8 percent. 

Analysts attribute the bulk of the gains to third-quarter earnings that have been surprisingly strong. Of the 215 companies in the S&P 500 that have reported results so far, 61 percent have surpassed expectations, according to Thomson First Call. And 28 percent have matched estimates, while 11 percent have missed forecasts. 

“We have seen some big-name companies come through and say, ‘Things are slow, but earnings are coming through,”’ said Kevin Caron, market strategist, Ryan, Beck & Co., LLC. 

Positive earnings news and lower stock prices following weeks of selling meant the market was positioned to rally, Caron said. 

But given the market’s recent strides, other market watchers said stocks are due for a profit taking sell-off. 

“We had a significant run-up in a short period of time,” said Alan Ackerman, executive vice president of Fahnestock & Co. “It is important for investors to know that not all rallies are created equal. Bear markets tend to see sharp rallies ... but more times than not, those rallies are not enough to turn sentiment around.” 

Investors again rewarded companies that exceeded earnings forecasts. Printer maker Lexmark rose $1.19 to $56.94 on third-quarter profits that beat analysts’ expectations by a penny a share. 

Diversified manufacturer 3M advanced $3.69 to $129 after meeting earnings expectations. 

Last week’s earnings winners also traded higher Monday. GM rose $2.69 to $37, Citigroup climbed 54 cents to $35.52 and IBM advanced $1.30 to $75.55.

SAN FRANCISCO — Pacific Gas and Electric Corp. continued negotiating with lenders Monday, hoping to extend the deadline on a $431 million loan to its unregulated energy trading arm that it says it can’t afford to pay. 

Monday’s deadline marked the end of an earlier extension granted Aug. 21 to PG&E’s National Energy Group, and is the latest obstacle the struggling affiliate must overcome. 

Rating agency Moody’s Investors Service downgraded National Energy Group’s credit rating further into junk status Friday, the latest in a series of downgrades. Brian Hertzog, corporate spokesman for San Francisco-based PG&E, said Friday it would not affect the company substantially. 

But in a recent 8K filing with the Securities and Exchange Commission, PG&E said the $431 million revolving credit agreement due Monday could force the affiliate into insolvency if it’s unable to win yet another extension from lenders. 

Under such a scenario, National Energy Group would become the second PG&E affiliate in bankruptcy court. California’s largest utility filed for federal Chapter 11 protection in April 2001. 

Hertzog said Monday that PG&E has talked with the group of about 16 lenders about an extension since August, but would not elaborate on the length of the requested extension or when PG&E might settle the debt. 

Plummeting electricity prices and close scrutiny of trading practices following the collapse of energy giant Enron Corp. have caused power traders to flounder in recent months. National Energy Group reported a $21 million loss in the third quarter because of slumping energy sales. 

Based in Bethesda, Md., the subsidiary owns USGen New England power system and sells and trades electricity with other utilities. It also builds power plants and has facilities under construction in Arizona, Michigan and New York. 

PG&E Corp. has said it expects new loan agreements will provide the corporation with enough liquidity to fund operations through at least 2006, despite the woes of its affiliates. 

Shares of PG&E climbed 90 cents to close at $10.40 in trading Monday on the New York Stock Exchange.

SAN FRANCISCO — United Airlines announced Monday the closure of a reservation center, leaving more than 500 employees on furlough, according to a United Airlines spokesman. 

The Northpointe office, located at Bay and Powell streets in San Francisco, which employs 516 employees, will close on Jan. 4, as part of a company-wide cost-cutting measure.  

“United is facing its toughest challenge ever,” said Glenn Tilton, chairman, president and chief executive officer of United Airlines.  

Depending in their contract, employees will reportedly be offered various options for the future, including severance pay, relocation assistance, career assistance or financial advice, company spokesman Chris Brathwaite said. 

“From a customer standpoint, the transition will be seamless,” said Brathwaite. “This will not be affecting flights.'” 

United attributes the closure to a 25 percent drop in call volume to the reservation line, dating back to 2001. Offices in Long Beach and Indianapolis will also be closed on Jan. 4, 2003 as part of the measure. 

By closing a maintenance line and converting five stations to United Express service, the company hopes to save $100 million annually.

CHICO — Gov. Gray Davis rallied rural residents and workers while Republican challenger Bill Simon courted farmers Monday as each scrambled to secure support from crucial blocs of voters with 15 days until Election Day. 

Davis spent the second of two days trying to attract votes in rural areas, flying from a searing afternoon rally with college students and workers at California State University, Chico, to a union gathering in chilly fog in the north coast’s Eureka. 

He told students he had worked to hold down tuition in the face of a budget crisis and had helped make more scholarships available to students. 

“We’re trying to make the doors of college open to every deserving student and we are making good progress,” Davis said to the crowd at the construction site of a new administrative building at the university. 

He urged supporters to encourage others to vote, and he said he is confident he can hold onto his lead with voters. “On the bread and butter issues, they know that we’ve made progress and they are giving us credit for that,” Davis said. 

Traveling by private jet with his wife Sharon and party and labor leaders, Davis then headed to the northern reaches of the state for another labor union rally in Eureka. 

While Davis was promoting his labor-friendly policies to union audiences, Simon was accepting the endorsement of the influential California Farm Bureau Federation during a campaign bus tour in the farm-rich Central Valley. 

The Republican candidate got federation support after Davis alienated farmers and growers by signing a bill that called for mediation in labor talks between farmworkers and farmers. Surrounded by hay bales and baskets for produce in Tulare, Simon repeated his promise to support farmers when he’s elected governor on Nov. 5. 

“Please spread the word that help is on the way, help in the form of support for our agriculture industries,” Simon said to enthusiastic applause. 

From there, Simon headed for Fresno and Stockton. He will also attend a San Francisco fund-raiser featuring Christine Todd Whitman, administrator of the Environmental Protection Agency. 

Davis defended his work for the state’s largest industry — agriculture. He touted tax breaks that he signed to aid farmers last year, and a new campaign to encourage residents to buy produce grown in California. He also brushed off Simon’s criticism of the farm worker mediation bill he signed last month. 

“Farm workers are the hardest working people on the planet, and if they don’t do their job well, you can’t put nutritious food on your table,” Davis said. “He’s thrown a lot of bombs that have exploded in his face, so I don’t attach much credibility to his commentary.” 

The 95,000-member California Farm Bureau Federation is the state’s largest agricultural group. In making its endorsement, the Farm Bureau Federation said it was donating $25,000 to the Simon campaign and sending mailers on his behalf. 

The Central Valley is heavily Republican. Kern County, for instance, favored GOP candidate Dan Lungren over Gray Davis 55 percent to 42 percent in the 1988 gubernatorial race. Davis won the statewide contest in a landslide. 

At the Bakersfield kickoff, Simon said: “I believe that agriculture is perhaps our most important industry in California and I pledge that when I become governor the agricultural industry is going to be pre-eminent in my thinking.” 

Simon and his wife Cindy boarded the custom-painted campaign bus, with “Bill Simon for Governor” on the sides and “Fire Davis” on the rear, at 6:45 a.m. The natural gas-powered bus was jammed with reporters accompanying the Republican on the campaign excursion. 

At each stop on his daylong tour, Simon spoke with local growers who said their livelihood was being threatened by over regulation under the Davis administration. 

“They’re fighting for their rights and their livelihood,” state Sen. Chuck Poochigian, R-Fresno, said while introducing Simon at the Fresno stop.

SACRAMENTO — California’s job and population growth continues to outpace its supply of homes and apartments, steadily worsening one of the nation’s most severe housing shortages, says a new report by a nonprofit group that studies economic and budget trends. 

The California Budget Project, reflecting similar and repeated concerns by business, housing, homebuilder and local government groups, says the state faces a crisis of “dramatic proportions” and is making little progress addressing it. 

Bearing the brunt are millions of low-income Californians forced to spend up to half their paychecks for a roof over their heads or double up in overcrowded rooms. 

The report, “Locked Out 2002,” estimates California is short 651,000 houses and apartments for families earning less than $18,000 a year. 

The number reflects a steep downturn the last decade in construction of apartments, condominiums and townhouses. 

Figures show apartments, condos and townhouses represented less than one-third of new construction in 2001 compared to two-thirds in 1970. 

“This is a large problem for a larger share of the population than in other states,” explains Jean Ross, director of the Sacramento-based CBP. 

The report states the housing problem is falling especially hard on Hispanic families, with nearly three in 10 renting what are considered overcrowded conditions: more than one person per room. 

Luis Arteaga, head of San Francisco-based Latino Issues Forum, contrasts the state’s lack of urgency about housing with the hearings, task forces, investigations and calls for federal assistance during the energy crisis. 

“We’ve seen little response, no major outcry. We don’t see our legislators rallying around major systemic change to address it,” he says. 

As shortages also push up home prices, the state’s 58 percent homeownership rate is the nation’s fourth worst, the CBP study shows, behind Hawaii, New York and the District of Columbia. 

The report calls special attention to dwindling state and federal spending to help people make down payments, cover gaps between their incomes and rent, and help cities build lower-rent housing. 

“State spending on housing dropped substantially in the 1990s,” it states, from 0.5 percent of the state’s general spending to 0.2 percent. 

Simultaneously, since 1995, the report notes, owners of 24,000 “affordable” housing units have also opted out of government subsidy programs and converted to higher market-rate rents.

WASHINGTON — The Supreme Court refused Monday to review a challenge of police powers in car searches, the latest post-Sept. 11 example of the justices’ siding with law enforcement in a privacy case. 

The case, while not related directly to the government’s war against terror, raised questions about police authority, which has come under increased scrutiny. Federal judges are also being asked in other cases to decide whether national security justifies curbing previously recognized civil freedoms. 

The case that justices turned down Monday involved police searching a vehicle without a warrant after the driver failed to produce proper identification or proof of ownership. 

Justices had been asked to overturn a California ruling that expanded police powers and allowed the searches. They declined, without comment. 

The case involved people whose cars were searched after they failed to give officers their driver’s licenses and car registrations. Officers decided to search for registration and found drugs. 

The state court said warrantless searches were allowed wherever documents “reasonably may be expected to be found.” Previously, authorities were allowed to search a car’s sun visor and glove compartment for identification papers without a warrant. 

Government search powers and related authority issues before the Supreme Court have received increased attention since the terrorist attacks. 

Louisiana State University law professor John Baker said some judges may be influenced by current events. 

“The careful judges and lawyers are aware of the climate we’re in, but they’re not going to give in to panic on either side,” he said. 

Since Sept. 11, 2001, the Supreme Court has ruled that police can question passengers on buses and trains and search for evidence without letting them know they can refuse. 

Justices also ruled that officers can go into the homes of people on probation to search for evidence of new crimes without always getting warrants. 

They also agreed to review a ruling that questions the way the government catches and charges suspected drug dealers and terrorists. 

National security fears also motivated legal challenges waiting on federal court dockets elsewhere. 

“It’s a part of a general trend in the Supreme Court and lower federal courts to chip away, sometimes with a big ax and a big whack, at what were 10 to 15 years ago clearly established privacy rights that had support across the political spectrum,” said David Kairys, who teaches constitutional law at Temple University. 

Ron Right, a criminal law professor at Wake Forest University, warned against reading too much into Monday’s Supreme Court action in the police search case. The Supreme Court gets thousands of petitions each year and reviews about 80, he pointed out. 

“They have all sorts of reasons to say no,” he said. 

He acknowledged, however, that “in these times, civil liberties groups and others are especially alert to find signs that the government is overreaching when it investigates, so I think their antennae are up, and I think they are looking at courts for signs.” 

The cases are Arturo D. v. California, 01-9812, and Hinger v. California, 01-10107. 

On the Net: Supreme Court: http://www.supremecourtus.gov/

NEW YORK — Nearly every TV season brings a newly designated “It Girl.” 

Last fall, Jennifer Garner of “Alias” was clearly “It.” 

In years before that she was Keri Russell of “Felicity.” Jenna Elfman of “Dharma & Greg.” Sarah Michelle Gellar of “Buffy the Vampire Slayer.” 

A title first bestowed on silent-screen siren Clara Bow, “It Girl” had racier overtones 75 years ago. 

Now, in the television age, “It” anoints an emerging starlet who — by some alchemy of hype, buzz and happenstance — seems to lead the pack in fresh-faced appeal ... a gal the whole nation can have a crush on. 

This fall, Ashley Williams is a shoo-in with her new romantic comedy, “Good Morning Miami,” which airs on NBC Thursday at 9:30 p.m. EDT. 

She plays Dylan Messinger, the pixieish hairstylist for a local morning TV show whose snarky host (played by Matt Letscher) she is dating — much to the consternation of the show’s just-hired producer (Mark Feuerstein), who is not only Dylan’s new boss but also her tormented secret admirer. 

And can any viewer blame him? With her larky presence and dazzling smile, Dylan (that is, Williams) is the essence of It-itude. 

“They needed a new Fall face,” says Williams, flashing that smile gratefully, “and I was right there, with bells on.” 

In town during a production break from the Los Angeles-based series, she has joined a reporter for lunch at a mid-Manhattan restaurant, making her entrance clad in jeans, peasant blouse and suede jacket, grinning hello, plopping in her seat and demurely parking her gum in a tissue. All much like Dylan might. 

Williams, who turns 24 next month, has come a long way since March, when she won the role. 

On the other hand, she is no beginner. As a youngster growing up just outside of New York, she staged living-room productions with her brother and older sister, Kimberly (who now co-stars on the ABC sitcom “According to Jim”). “Our parents’ poor dinner guests would be forced to sit through our performances,” she recalls. 

By her early teens, she was appearing in commercials. 

Then she managed to juggle her high school studies with a regular role on the CBS soap “As the World Turns.” 

She played Dani Andropoulos, whom she describes as initially “this really smart girl next door. 

“But after six months of doing that, I marched into the executive producer’s office and said, ’I think that my character should go through a giant rebellion.’ He said, ’Really?’ And I said, ‘I will do anything! Let’s spice ’er up.’

A pediatrician by trade, Dr. Helen Caldicott’s call to save the children is a fight against militarism. 

Children are maimed and dead in Afghanistan due to the detonation of unexploded bombs, and 500,000 Iraqi children have died over the last decade because they lack clean water and medications due to U.S. sanctions on their country, the Nobel Peace Prize winner said in a keynote address Saturday at a conference marking the 20-year anniversary of Berkeley-based East Bay Sanctuary Covenant. 

“A child is a child is a child; all life is sacred,” Caldicott said. 

The daylong event, whose theme was “To Speak the Truth in a Time of Terror,” opened with music by the La Pena Community Chorus and included a dozen workshops. It drew about 300 people to the First Congregational Church in Oakland.  

At times during her address, Caldicott sounded more preacher than physician.  

“We have to learn to stop killing; the Bible says, ‘Thou shalt not kill,’” she said, gesturing to the cross behind her. “What did (Jesus) preach? Love thine enemies. Do good to those who hate you.” 

Caldicott jumped from description of one evil to the next – SUVs and the waste of natural resources, global warming, militarization of space, the innocent killed in Afghanistan and New York City, the impending war in Iraq. 

“It’s God’s earth and God’s creation. We are united by humanity,” she said.  

Of the 18-year-old Americans who fought the war in Afghanistan she said: “There were young men almost eight miles up dropping boxes of bombs. They couldn’t see what was under the bombs... They didn’t smell the scent of blood.” 

The evil she described has not cowed Caldicott; it fuels her determination to make change. Having founded Physicians for Social Responsibility in 1977, Caldicott has now put together the Nuclear Policy Research Institute, whose goal is to use the mass media to place the dangers of militarism squarely before the American people. She urged people in the audience to find their own ways to combat the arms race and environmental degradation. 

Workshops following the keynote speech also presented daunting problems and explored answers: resolving the Israeli-Palestinian conflict; organizing in immigrant communities; promoting human rights in Guatemala; pressuring the United States to end sanctions against Haiti to allow its self determination. 

Stephanie Salter, a former San Francisco Chronicle columnist who was removed from the paper’s editorial pages because she “didn’t fit in,” led a workshop with Paul Burks, a United Methodist minister. 

Salter said she was told her column “did not resonate with upper management.” In response to her removal – she has a union job and won’t be fired, but was moved to the Sunday Insight section – she received more than some 1,600 e-mails, two rallies were held and supporters took out an ad in the Bay Guardian. “All that fell on deaf ears,” Salter said.  

While she was unable to get back her column on the editorial pages, Salter said the pressure had some effect. Ruth Rosen, like Salter a woman over 50 with left-leaning ideas, will take Salter’s place on The Chronicle’s editorial pages next month.  

“I’ll be replaced by someone who looks like me,” Salter said. 

The workshop did not focus so much on the journalist’s personal plight as on the more general problems of the media, where fewer and fewer corporations own more and more diverse media outlets.  

One result is a “dumbing down” of newspapers, Salter said, noting, for example, that after 9/11 The Chronicle put its resources into stories such as people’s “nesting” reaction to the event and the increased time they spent at the gym. 

Why? It’s not some conspiracy to keep Americans in the dark, she said. The answer is less complex: “They’re committed to making money. That’s where the vision stops. The product is almost of no importance to the profit seekers.” 

Still, she argued that there is hope. Some stories do get out in mainstream media, such as in the New Yorker. And there’s KPFA radio and the Internet, especially www.commondreams.org, Salter said, further suggesting that those who organize rallies need to learn to get their messages out more clearly. “Speakers need to be few and terrific,” she said. 

The event closed with a call for people to take action, including attending the following events: 

• A weekly vigil sponsored by the Ecumenical Peace Institute at the Oakland Federal Building at 13th Street and Clay to end the sanctions on Iraq: Tuesdaysll 12-1 p.m. 

• A march and rally against racism and war in Iraq: Justin Herman Plaza, 11 a.m. Oct. 26; 415-821-6545 

• A presentation on Iraq by Barbara Lubin, Middle East Children’s Alliance: 6 p.m., Nov. 3, Epworth United Methodist Church, 1953 Hopkins St., Berkeley. Dinner and program $15: 548-4141

To the Editor: 

How can you grow your expenses and expenditures and decrease your income? Well, the city of Berkeley and in particular the City Council thinks there are unending depths to the city’s financial coffers even with continued projected budget deficits. The council had no problem with a recent 28 percent increase in city employee salaries and continued expenditures on dozens of special studies such as the unearthing of Strawberry Creek.  

Then there is the mismanagement of resources. Statistically speaking, Berkeley has almost 50 percent more employees of any city its size in California (about 1,600 vs. 1,000) and the same number of commissions as New York City. As far as I know there is no auditing function for departments, no progressive disciplinary treatment for employees, no centralized purchasing for all departments to get the best prices. There is a no layoff policy – how can you justify payrolls with no revenue? 

The council refuses to outsource many services. Outsourcing has been shown by other cities to be more efficient use of resources, but you can’t do that because it’s politically incorrect. And then there are all the boycotts on goods and services the city can’t purchase. It’s almost to the point the city can’t buy gas for its own vehicles. All these areas must cost the city hundreds of thousands of dollars in waste. 

But must I go on? Let’s look at the council. Almost all of the council folks do not have jobs, don’t have kids and live out of a political ideology rather than identification with the regular folks like me who live here, work here, pay taxes, have kids in public school and actually want city services to improve. Let’s just ask this one question – does the city actually exist as a adjunct to the council’s special political and doctrinaire interests or is it actually here to provide services for the citizens of Berkeley? 

Remember this when you go to the polls in November and look carefully at who you elect because things are going to get a lot worse in Berkeley in the next two years as the city must deal with the realities of less money and astronomical deficits. 

Steven Donaldson 

Berkeley 

onday, Oct. 21 

War in Iraq- Why? 

7 p.m. 

2951 Derby St. 

Women for Peace invites you to discuss war in Iraq, with an emphasis on women’s viewpoints. 

526-5094 

Berkeley Ecological and Safe Transportation Coalition (BEST) 

6 p.m. 

Berkeley Public Library, Main Branch, Kitteredge and Shattuck, Meeting Rm B., 3rd Floor 

Dave Williamson will speak about conversion of recycling and other city trucks to Bio-Diesel fuel. 

Tuesday, Oct. 22 

Brown Bag Career Talk 

12 to 1 p.m. 

YWCA Turning Point Career Center, 2600 Bancroft Way 

Professional organizer Kathy Waddill hosts “Getting Paid to Help Other People Get Organized”. 

848-6370 

$3 

“Perverts and Sodomites: Homophobia as Hate Speech in South Africa” 

4 to 6 p.m. 

652 Barrows Hall, UC Berkeley 

Vasu Reddy, visiting scholar in rhetoric and comparative literature, speaks. 

642-8338 

Berkeley Special Education Parents’ Network (BSPED) 

7 to 9 p.m. 

Ala Costa Center, 1300 Rose St. 

Presentation: “Parenting Children with Learning and Attentional Differences to Build Success: Learning from Resilience and Success Research” 

525-9262 

Free 

“What is it Like to Be a Robot?” 

8 p.m. 

145 Dwinelle, UC Berkeley 

Tom Sgouros and his robot, Judy, star in a sharp-witted “solo” theater piece in which they discuss stage magic, free will, imagination and other themes in this unique performance. 

www.sgouros.com 

Berkeley Camera Club Meeting 

7:30 p.m. 

Northbrae Community Church, 941 The Alameda 

Share your prints and slides and learn what other photographers are doing. Monthly field trips. 

525-3565 / www.berkeleycameraclub.org 

Wednesday, Oct. 23 

The Independent Institute 

7 p.m. 

Daniel Ellsberg unveils new book, “Secrets: A Memoir of Vietnam and the Pentagon Papers.” 

Zellerbach Auditorium, Bancroft Way and Telegraph 

642-9988 

Berkeley Gray Panthers General Meeting 

1:30 p.m. 

North Berkeley Senior Center, 1901 Hearst St. 

What’s what on the November ballot: A rundown of state and local ballot measures. Shirley Dean and Tom Bates will debate. 

548-9696 

Thursday, Oct. 24 

Communication Components Workshop 

State Health Toastmasters Club 

Noon to 1 p.m. 

2151 Berkeley Way 

595-1594 

Free 

Mayoral Debate 

11:30 a.m. to 1:30 p.m. 

Perseverance Hall, Lawrence Berkeley National Laboratory 

The debate between Shirley Dean and Tom Bates will be moderated by Jane Coulter of the League of Women Voters.  

486-4019 

“How to Access Health and Medical Information Through the Internet” 

7 to 9 p.m. 

Claremont branch of the Berkeley Public Library, 2940 Benvenue Ave. 

Learn how to effectively use free scientific databases and do health-related research using the Internet. 

Register in advance: 981-6280 

Free 

Friday, Oct. 25 

“The Library: A Community Legacy” 

11:45 a.m. luncheon, 12:30 p.m. speaker 

City Commons Club, 2315 Durant Ave. 

Anna Rabkin will speak. 

526-2925 or 665-9020 

$11.50 or $12.50 luncheon 

$1 speaker only / students free 

Benefit Fundraiser for Berkeley Liberation Radio 

7 to 10 p.m.. 

379 40th St., Oakland (between Telegraph and Broadway) 

An evening of political activism, music, dancing, poetry and food. 

$10-$15 / No one turned away 

Saturday, Oct. 26 

Math Made Fun - math games. 

1:30 p.m. to 4:30 p.m. 

1 Centennial Dr. - Lawrence Hall of Science  

Free with museum admission 

Pumpkin Carving  

and Costume Making 

10 a.m. to 3 p.m. 

Berkeley Farmers' Market 

Center Street at  

Martin Luther King Jr. Way 

Free 

Emeryville Taiko’s Halloween Extravaganza 

7 to 8:30 p.m. 

1601A 63rd St. (near Hollis St.), in Emeryville 

Fun and games for kids with a Taiko drumming performance at 8:30. 

655-6392 

Kids $5 / adults $10 

Alzheimer’s Disease and the African American Community 

9 a.m. to 12:30 p.m. 

St. Paul AME Church, 2024 Ashby Ave. 

Join the Alzheimer’s Association for this informative morning. Continental breakfast included. 

Preregister: (650) 962-9644 

Free 

MSRI’s 20th Anniversary Celebration 

3 to 5:30 p.m. 

Valley Life Science Building, Chan Shun Auditorium, second floor, Rm 205O, UC Berkeley 

The Mathematical Sciences Research Institute celebrates its birthday with keynote speaker Sir Michael Atiyah. 

601-8700 

Halloween Spook Hunt 

1 to 5 p.m. 

Thousand Oaks School, 840 Colusa Ave. 

Costumes are encouraged at this treasure hunt. Best costume participates free. Meet at 1 p.m. at the park next to Thousand Oaks. 

524-2166 

$7.50-$15 / Families $35 

Lawrence Hall of Science Family Halloween Party 

6:30 to 9:30 p.m. 

Lawrence Hall of Science 

A Halloween bash with magicians, mad scientists, wizards, and a demonstration of how to make an elephant mask. 

Reserve tickets in advance: 642-5134 

$8-$12 

The New School Halloween Bazaar 

10 a.m. to 4 p.m. 

1606 Bonita St. at Cedar 

Face painting, mask-making, children’s games, apple bobbing, and more. 

548-9165 

Free 

Strides to Provide 

8 a..m. to noon 

Oakland’s Lake Merritt 

Alta Bates Summit kicks off its first annual community walk, incorporating fundraising, health ecducation, health screenings, and entertainment. 

Radio station KMEL will provide music. 

204-1167 

Gardening With East Bay Native Plants  

10 a.m. to 2 p.m. 

Ecology Center, 2530 San Pablo Ave. near Dwight Way 

Hands-on workshop touching on many aspects of “restoration gardening”. 

Reservations required: 548-2220 x233 

$15 Ecology Center members, $25 others, no one turned away for lack of funds. 

Sunday, Oct. 27 

Spirit Day 

11 a.m. and 5 p.m. 

Fourth Street and University Avenue 

Construct altars in a day of reflection. 

Free. 

West Berkeley Arts Festival 

11 a.m. to 5 p.m. 

University Ave. between 3rd and 4th Streets 

Fun for the whole family, with local and international arts and crafts, the Berkeley Youth Chess league, Technomania Circus, live music and more. 

845-4106 

Monday, Oct. 28 

“Damming Hope: Plan Puebla Panama Comes to Guatemala” 

7 p.m. 

Trinity United Methodist Church 

2362 Bancroft Way 

Mayan leader Santos Choc discusses his community’s struggle in opposing the Usumacinta Dam. 

526-7177 

$8-$20 sliding scale / No one turned away 

Reviving the Lost Art of Conversation 

7:30 to 9:30 p.m. 

Berkeley-Richmond Jewish Community Center, 1414 Walnut St. 

Learn how to break the ice, establish rapport, build trust, and develop intimacy through conversation. 

848-0237 x127 

$8 -$10 

Wednesday, Oct. 30 

Premiere of “Code 33: Emergency- Clear the Air” 

5 p.m. 

Oakland City Council Chambers, 1 Frank H. Ogawa Plaza, Oakland 

A one hour made-for-TV documentary on youth and public relations. Followed by a reception and refreshments. 

887-0152 

Berkeley City Council Forum 

7 to 9 p.m. 

Berkeley Hillel Foundation 

2736 Bancroft Way between Piedmont and College Avenues 

Candidates Gordon Wozniak, Andy Katz, Micki Weinberg, Kriss Worthington and others speak in this forum. 

839-2900 

Monster Bash 

6 to 9 p.m. 

Berkeley-Richmond Jewish Community Center, 1414 Walnut St. 

A singles celebration of an ancient Celtic end-of-summer observance, with a lavish feast of foods from the fall harvest. 

Register: 601-7247  

$25 / includes meal and cooking lesson 

Tuesday, Oct 22 

Gator Beat 

Cajun dance lesson 8 p.m. 

Show 8:30 p.m. 

Ashkenaz, 1317 San Pablo Ave. at Gilman 

Louisiana-born accordionist and singer Richard Domingue leads this sextet. 

525-5054 

$8 

Wednesday, Oct. 23 

Steve Lucky Quartet with Miss Carmen Getit 

Ashkenaz, 1317 San Pablo Ave. at Gilman 

Swing dance lesson 8 p.m. 

Show 9 p.m. 

525-5054 

$8 

Thursday, Oct. 24 

UC Berkeley Jazz Ensembles 

Noon 

Lower Sproul Plaza, UC Berkeley 

Every Thursday. Featured groups range from Thursday Big Band to the Marty Wehner Sextet. 

486-1199 

Free 

Grateful Dead DJ Nite 

10 p.m. to 2 a.m. 

Ashkenaz, 1317 San Pablo Ave. at Gilman 

Spin with Digital Dave’s Grateful Dead tunes. 

525-5054 

$5 

Friday, Oct. 25 

UC Choral Ensembles Halloween Show 

6 and 8 p.m. (Two shows) 

155 Dwinelle, UC Berkeley 

Featuring nine UC choral ensembles, including the Women’s Chorale, the Men’s Chorale, and the Men’s Octet. 

642-3880 

$7 general / $5 students 

Afro-Muzika 

9:30 p.m. 

Ashkenaz, 1317 San Pablo Ave. at Gilman 

The nine members of this group sing, play and dance the infectious soukous party music of the Democratic Republic of the Congo. 

525-5054 

$12 

Saturday, Oct. 26 

Lisa B. 

7 p.m. / Open mic sign-up 6:30 p.m. 

Berkeley Art Center, 1275 Walnut St. 

Presented by Rhythm & Muse. 

Free / donations accepted 

Kotoja 

Dance lesson 9 p.m. 

Show 9:30 p.m. 

Ashkenaz, 1317 San Pablo Ave. at Gilman 

Known in the Bay Area’s World Beat and Afro-beat scene, Kotoja features bandmembers from West Africa and America. 

525-5054 

$12 

Sunday, Oct. 27 

Larry Schneider 

4:30 p.m. 

Jazzschool, 2087 Addison St. 

Internationally performing saxophonist. 

845-5373 

$10-$15 

Turning Point: Sacred Music Before and After the Second Vatican Council 

4 p.m. 

United Christian Church, 2401 Le Conte Ave. 

Sacred choral music, sponsored by the Graduate Theological Union. 

(415) 431-4234 

Free 

Kazuhisa Uchihashi 

8:15 p.m. 

TUVA Space, 3192 Adeline at Martin Luther King, Jr. Way 

ACME Observatory Contemporary Performance Series presents this Japanese experimental electric guitarist. 

649-8744 

$0-$20 Sliding scale 

Monday, Oct. 28 

“Jazz, Blues, and Popular Music in American Culture” 

6:30 p.m. 

A Vista College class, with instructor/R&B legend Johnny Otis. 

Registration info: 981-2800 

Tuesday, Oct. 29 

Activate: DJ night 

10 p.m. to 2 a.m. 

Ashkenaz, 1317 San Pablo Ave. at Gilman 

An evening of DJs featuring drum n’ bass music. 

525-5054 

$5 

Wednesday, Oct. 30 

Courtableau 

Cajun dance lesson 8 p.m. 

Show 8:30 p.m. 

Ashkenaz, 1317 San Pablo Ave. at Gilman 

Veterans of the Bay Area Cajun/zydeco scene perform classic Cajun dance hall music. 

525-5054 

$8 

Thursday, Oct. 31 

Halloween Party with the Venusians 

8 p.m. 

The Venusians are a shamanic trance-dance septet known for their costume-laden, colorful performances. 

525-5054 

$10 

“Please Pay Attention” 

Through Oct. 25 

4 p.m. to 7 p.m. 

Worth Ryder Gallery, 116 Kroeber Hall 

UC Art graduates feature drawings, video, etc. 

DepartmentofArtPractice 

Ceramics - Opening Reception 

Through Nov. 17 

3 to 5 p.m. 

A New Leaf Gallery, 1286 Gilman St. 

525-7621 

Free 

“Hunger: What will you do about it?”  

Through Oct. 30  

Mon.-Fri., 9 a.m. to 5 p.m. 

The Civic Center Building 

2180 Milvia St., 5th floor 

Featuring 40 photographs  

by Berkeley artist David Bacon. 

834-3663, Ext. 338,  

uchanse@secondharvest.org 

“Recent Acquisitions” 

Through Dec. 14 

Thurs., Fri., and Sat., 1 to 4 p.m. 

Berkeley Historical Society, Veterans Memorial Building, 1931 Center St. 

848-0181 

Free 

Misch Kohn - Celebrating  

60 Years of Printmaking 

Through Oct. 16.  

Tues.-Fri., Noon to 5:30 p.m.; Sat., noon to 4:30 p.m. 

Kala Arts Institute, 1060 Heinz Ave. 

549-2977, kala@kala.org 

Nancy Salz 

Through Oct. 23, Tues.-Fri.,  

10 a.m.-5:30 p.m.; Sat 10 a.m.-4 p.m. 

Barbara Anderson Gallery, 2243 Fifth St. 

848-3822 

Timoteo Ikoshy Montoya 

Through Nov. 1  

Reception Sept. 20, 6 to 8 p.m. 

Gathering Tribes Gallery  

1573 Solano Ave.  

Acrylic/air brush paintings  

by this Native American artist.  

528-9038 

Threads: Five artists who  

use stitching to convey ideas 

Through Dec. 15, Wed.-Sun., noon to 5 p.m. 

Berkeley Art Center 

Live Oak Park, 1275 Walnut St. 

Information: www.berkeleyartcenter.org, 644-6893 

Free 

Tuesday, Oct. 22 

“Sara’s Children; The Destruction of Chmielnik” 

7:30 p.m. 

Barnes & Noble, 2352 Shattuck Ave. 

Journalist Suzan Hagstrom will speak on her nonfiction book, which delves into the Holocaust. 

644-3635 

“A Language Older Than Words” 

7 p.m. 

2350 San Pablo Ave. near Dwight Way 

An evening with author Derrick Jensen, with music by Andrea Pritchett. 

548-2220 

$6-$10/ Sliding scale. 

Wednesday, Oct. 23 

An evening with Simon Winchester 

7 p.m. 

Sibley Auditorium, Bechtel Engineering Center, UC Berkeley 

Join the author of bestsellers “The Map That Changed the World” and “The Professor and the Madman”, along with Don George, global travel editor for Lonely Planet Publications, for an evening of lively conversations. 

893-8555 

Free 

Stephanie Strickland and Valerie Coulton 

7:30 p.m. 

Cody’s Books, 2454 Telegraph Ave. 

Poetry reading. 

525-5476 

$2 donation 

Thursday, Oct. 24 

Joanne Kyger and Garret Caples 

4:30 p.m. 

Maud Fife Room, 315 Wheeler Hall, UC Berkeley 

Part of Holloway Poetry Series 2002. 

Free 

Eloise Klein Healy and Peggy Shumaker 

7:30 p.m. 

Cody’s Books, 2454 Telegraph Ave. 

Poetry reading. 

525-5476 

$2 donation

Cal wide receiver Jonathon Makonnen was a picture of triumph as the clock wound down at the end of Cal’s 17-12 win over UCLA on Saturday night: standing in the end zone, ball in hand, arms raised in victory.  

So what if he was in his own end zone? 

Makonnen’s catch of quarterback Kyle Boller’s 35-yard backwards heave ran off the final five seconds of the game, a game that will be remembered for Cal’s defensive prowess and UCLA’s frustration. It was fitting that the Cal offense would take a safety to protect a lead the defense had handed them on a silver platter. 

The Bears (5-3 overall, 2-2 Pac-10) won their homecoming game at Memorial Stadium in front of a crowd of 46,697 despite netting just 18 offensive yards in the second half. They won despite having two punt attempts blocked in the fourth quarter, both giving the Bruins the ball inside the Cal 20-yard line. And they won despite Boller having his worst statistical game of the season. 

“Our whole defense should be nominated for Pac-10 Defensive Player of the Week,” Cal head coach Jeff Tedford said after the game. “They played phenomenally. We talk all the time about giving a team effort, but the defense won that game for us.” 

The Bears made two huge stands in the fourth quarter, both after the Bruins blocked Tyler Fredrickson punts. The first was blocked by UCLA linebacker Marcus Reese and recovered on the 3-yard line, and a pass interference call moved it to the 2. But UCLA head coach Bob Toledo showed why many UCLA supporters have been calling for his head, calling two trick plays when most teams would have gone straight ahead.  

On first down, tailback Tyler Ebell took a pitch and reversed his field, with Cal linebacker Calvin Hosey staying home to drop him for a five-yard loss. Then on second down, quarterback John Sciarra, the Bruins’ third signal-caller of the game, pitched to defensive back Matt Ware, who then pitched to Ebell for three yards. A dropped pass by wideout Craig Bragg on third down forced a chip-shot field-goal attempt, and Cal defensive end Jamal Cherry got a huge paw up far enough to block the Chris Griffith kick, sending UCLA (4-3, 1-2) away with no points at all. 

“I was standing there in awe,” Fredrickson said of his defense’s effort. “I couldn’t take my hand away from my mouth. It was just amazing.” 

Cal’s punt blocking broke down again with less than three minutes remaining, as Ware got through to smother Fredrickson’s kick. UCLA took over at the 20, but defensive end Tom Canada jarred the ball loose from Sciarra on fourth down to kill the threat. All the Bears had to do was run the ball three times, then pull off the play they call “Right Safety Gap Safety,” which they practice every Friday, although from just 20 yards out instead of 36. Boller, who broke the school touchdown pass record with a 24-yarder to tight end Tom Swoboda in the first half, made his best throw of the day right into Makonnen’s waiting hands. 

Boller and the Bears offense had the defense to thank for the winning touchdown as well. Defensive end Tully Banta-Cain forced a Sciarra fumble that tackle Lorenzo Alexander dove on at the UCLA 25, and tailback Joe Igber converted the opportunity with a four-yard touchdown run, juking UCLA linebacker Spencer Havner out of his shoes on the way to the end zone. 

The Cal offense was just horrible in the second half, failing to get a first down on six of eight drives. But unlike most of Cal’s games this season, it was the defense carrying the load instead of the offense trying to outgun the opposition. 

“We always talk about giving a team effort, but our offense just wasn’t quite there today,” said Boller, who was just 13-for-30 for 133 yards. “But our defense carried us through it.” 

The Bears racked up seven sacks and 13 tackles for loss in the game, knocking out two Bruin quarterbacks in the process. Senior Cory Paus’ college career likely came to an end when defensive end Josh Gustaveson landed on his ankle, breaking it and sending the starter out on a stretcher in the third quarter. Backup Drew Olson, a true freshman from Piedmont High, sprained his throwing shoulder soon after, and Sciarra was the last man standing for UCLA. He completed just one of seven passes and threw the game’s only interception, a tipped pass that floated right into Cal cornerback James Bethea’s hands between UCLA’s punt blocks. 

“When you travel with a 60-man roster, you can’t have four quarterbacks,” Toledo moaned. “How do you prepare for that? You go through spring practice and get some drills, but you can’t really prepare three quarterbacks. Nobody in America does that.” 

The Bruins still had tailback Tyler Ebell, however. Ebell, a redshirt freshman, ran for 102 yards and his team’s only touchdown, an 11-yard scamper that tied the score at 10-10 just after halftime. Ebell had success running up the gut for most of the game, making Toledo’s play-calling on the goal line even more bizarre. But all credit goes to the Cal defense, which simply wouldn’t give up a game that looked lost at least twice. 

“We love those situations as a defense,” Banta-Cain said. “That’s when you know you have to step up and make a play to win the game.” 

Notes: Saturday’s crowd was the biggest at Memorial Stadium since 53,000 fans showed up for the Cal-UCLA game in 2000... The Bears forced three turnovers and committed none, improving their turnover margin to plus-16 on the season, best in the Pac-10...Cherry’s field-goal block was the Bears’ first of the season... Both teams set season lows for offensive yards.

A California Department of Education official said Friday that Berkeley’s Rosa Parks Elementary School has a good shot at avoiding large-scale reform next year, despite triggering a federal law on Thursday that requires an overhaul of schools that repeatedly fall short on standardized tests. 

“They have a very good basis for an appeal,” said Maria Reyes of the Department of Education’s Title I Policy and Partnerships Office, which administers the federal law in California. 

The state released 2001-2002 scores for its Academic Performance Index (API) standardized testing system Thursday, and Rosa Parks performed well on the whole. The school improved its overall score more than any other school in Berkeley and far exceeded a school-specific improvement goal set by the state. 

But California requires schools like Rosa Parks to meet targets not only for the student body as a whole, but for numerically-significant racial groups and for socio-economically disadvantaged students. 

The school met growth targets for African-American and Latino students, but fell one point short in the socio-economically disadvantaged category. 

Technically, the one-point shortfall should move Rosa Parks one step ahead in the “program improvement” process laid out in President Bush’s “No Child Left Behind” legislation signed in January. 

Under the law, which requires an overhaul if schools don’t make “adequate yearly progress” on standardized testing, the Berkeley Unified School District would have to implement one of six reforms at Rosa Parks next year. The options include replacing relevant staff, putting a new curriculum in place, decreasing the principal’s authority, appointing an outside expert to advise the school on its progress, extending the school year or school day or restructuring the school’s internal organization. 

But Reyes, of the Department of Education, said the law allows districts to appeal to the state and, if successful, get out of the program improvement process. She said Rosa Parks’s strong overall API performance in the 1999-2000 and 2001-2002 school years should allow the school to make a strong case. 

“My recommendation is that they take a look at this and seriously consider an appeal to exit (the program),” she said. 

Berkeley’s Associate Superintendent of Educational Services Chris Lim said Thursday that the district will pursue an appeal. 

Rosa Parks principal Shirley Herrera, who just took the helm this year, said the testing system and the negative publicity it generates are unfair. 

“I believe the state needs to re-evaluate schools like ours,” she said. “The school is on its way to doing really well.” 

Herrera said a continuous turnover in leadership has harmed the school, but touted a new system of twice-a-month meetings between teachers. 

“Teachers, as a profession, rarely have time to talk to each other,” she said. “It really makes a big difference.” 

Robin Cherin, parent of a fourth-grader at Rosa Parks, said she has been pleased with the school and argued that a shake-up under “No Child Left Behind” would be harmful. 

“I think we have a really great staff,” she said. “It would be a real disservice to shake it up to fit someone’s cookie-cutter (approach to reform).” 

The API combines test results from a nationwide test, the SAT-9, and the California Standards Test in English Language Arts, tailored to California-specific curriculum tests. Next year, the state will add other exams in math, history and science to the API. The state’s high school exit exam will also be part of the index. 

In order to meet its growth target, a school must improve its API score by 5 percent of the difference between its previous score and the state benchmark of 800. The API test is scored on a scale of 200 to1000. 

In 1999-2000 Rosa Parks improved its API score by 92 points, jumping from 522 to 614, and far exceeding the state growth target of a 14-point hike. 

In 2000-2001, Rosa Parks made no improvement, falling short of a growth target of nine additional points. In 2001-2002, as revealed Thursday, Rosa Parks upped its score by 49 points for a total of 672, far exceeding a second nine-point target. 

Another Berkeley school, Washington Elementary, met school-wide API improvement goals in 2001-2002 but, like Rosa Parks, fell short in the socio-economically disadvantaged category. 

The score should move Washington along in the program improvement process, but the school is one year behind Rosa Parks in that process and faces less dramatic reform. 

The school, unless it wins an appeal to the state, will have to provide extra tutoring services next year. Rosa Parks is required to provide those services this year. 

Contact reporter at scharfenberg@berkeleydailyplanet.net

To the Editor: 

One of the enduring attractions of our city is our passionate devotion to an endlessly evolving set of issues. It’s fertile ground for the many Berkeley myths that spring up to explain why and how things happen in town, and often to reinforce a particular political view. These stories can be helpful, they can be amusing, and at times they are harmful. One that’s particularly damaging is the myth that Berkeley is run by and for developers who are somehow able to manipulate the zoning rules, the professional planning staff, the hard-working citizens on boards and commissions, and council members. This anti-government myth is in part responsible for Measure P, the height initiative, on the November ballot. 

The rhetoric of this myth has damaged staff morale and cast a shadow on the work of volunteers on boards and commissions. It calls into question the integrity of council members, who are accused of being “in the pockets” of developers when they support controversial projects. It’s insidious, difficult to counter, and creates unwarranted cynicism. It is not the truth.  

Consider the way things really work: Developers who want to build even a moderate-size project in Berkeley go through a long process that includes multiple assessments by city staff and two or more boards and commissions, public hearings, and not infrequently, a hearing and decision by the council. The process can take several years. One can be sure that if developers really ran the city, the process would be much simpler, with less public input and far speedier.  

Berkeley will be best served by encouraging moderate to high-density developments on streets that are or can be well served by transit. We need to ensure that there are places in Berkeley where the creative energy of the 21st century can be expressed in our architecture. Our downtown needs graceful, moderately tall buildings to give it a sense of place and importance and to ensure a lively atmosphere. Measure P would lower height limits on our major corridors and prevent the development of a lively downtown that meets the needs of today. For all of these reasons, it’s important to recognize the false myths about development in our town and to vote no on Measure P. 

Miriam Hawley 

City Council member, 5th District 

The St. Mary’s High football team kicked off their Bay Shore Athletic League season with a 37-14 stomping of Kennedy (Richmond) High on Saturday, getting three rushing touchdowns from Fred Hives in their easiest win of the year. 

Hives ran for a game-high 87 yards and Steve Murphy scored touchdowns on a 55-yard screen pass and a 23-yard run. Murphy started the game at tailback, giving way to sophomore Scott Tully at quarterback for the first time this season. Murphy was nursing a thigh bruise suffered against Oakland Tech High last weekend. 

St. Mary’s (2-3-1 overall, 1-0 BSAL) dominated the game until the final minutes, taking a 37-0 lead into the fourth quarter before fatigue and turnovers led to two Kennedy (0-6, 0-1) touchdowns. Tully threw for 135 yards, all in the first half, on 5-of-11 passing, making a case for head coach Jay Lawson to leave the versatile Murphy at tailback for the rest of the season.  

Hives, switching between fullback and tailback, scored on runs of four and five yards in the first quarter to give St. Mary’s a 14-0 lead. On St. Mary’s first drive of the second quarter Murphy took a screen pass from Tully and got some nice downfield blocks, going 55 yards untouched down the left sideline. The Panthers finished the first half with a safety, thanks to a punt snap over Miles head that ended up in the end zone, where St. Mary’s defensive end Nick Osborn dragged Miles to the ground. Osborn had 2.5 sacks in the game and harrassed Miles on nearly every passing play. 

Both St. Mary’s touchdowns in the second half came after Kennedy turnovers. Middle linebacker Matt Hurley picked off a pass and returned it to the 20-yard line. Four plays later Hives scored on a two-yard plunge to open the second-half scoring. Kennedy’s Joe Jones fumbled on the next play from scrimmage, and the Panthers needed just two plays to score their final touchdown, with Murphy juking his way to a 23-yard score. 

Tully’s only interception of the game came with five minutes left in the fourth quarter, with Kennedy’s Mike Dunbar snagging the ball near midfield and fumbling it right into teammate Joe Jones’ hands. Jones returned the ball to the St. Mary’s 10-yard line, and quarterback Aaron Miles scored on a naked bootleg for Kennedy’s first score of the game. 

Hives fumbled on the next St. Mary’s drive and Miles threw to Antonio Norman for gains of 18 and 22 yards, the latter for a touchdown. Kennedy’s Jamahl Mackey was ejected for spearing a player on the ground on the ensuing kickoff.

Berkeley has a dirty and smelly secret. The roughly 60-year-old city animal shelter, tucked from public view at Second and Addison streets, is so dilapidated that shelter volunteers say conditions drive away folks looking for new pets. 

“I’ve seen kids crying when they left,” said Linda McCormick, founder of Fix Our Ferals, a rescue program for wild cats. 

On Nov. 5, Berkeley voters will decide whether to approve a bond measure, authorizing $7.2 million to build a new animal shelter. Property owners will be asked to pay, on average, about $12 per year for 30 years to finance the new facility. 

Leading a tour through corridors of howling dogs, shelter volunteer Jill Posener pointed out the facility’s shortcomings. 

“The sewage system is broken,” she said pointing at fecal remains in drainage gutters next to the cages. “Who is going to adopt a dog that has sh__ all over its own feet.” 

Other problems are just as obvious. Cages have broken locks that make it difficult for interested adopters to see the animals, barriers between dogs are so low that the animals can easily spread diseases, and space is so limited that wild animals such as chickens or lizards are often kept in cages in the shelter’s office. 

A simple renovation of the facility won’t work, Posener said. At 12,000 square feet the entire property is nearly half the size of new shelters in San Francisco and Oakland and is incapable of providing facilities that would welcome adopters and make life more bearable for the animals. 

Posener said five essential upgrades are needed that are not possible at the current shelter: An isolation area for sick animals so that they do not infect other animals, a holding pen for wildlife, an off-leash dog area so dogs can frequently leave their cages to work off energy, a “get-acquainted” space for potential adopters to have room to interact with the animals, and an in-house clinic to provide immediate medical care to sick animals. 

According to McCormick, the city pays for a veterinarian to visit the shelter every week. If an animal gets sick when medical care is not available, the disease is easily spread to other animals. 

The measure has broad support and was put on the ballot by a unanimous vote of the City Council. 

Although there is no organized opposition to the measure, voter approval is not guaranteed. A two-thirds majority is required for passage, and Posener acknowledged that some residents were likely to oppose it as an unnecessary tax hike. 

Also, a new shelter site has not yet been found. Posener insisted there were several suitable sites in the industrial area of west Berkeley near Gilman Street, and that shelter supporters can’t pursue a new location until the measure is passed. 

Despite building limitations, volunteers say Berkeley’s shelter has come a long way in recent years. Since Berkeley’s police department relinquished control of the shelter and turned it over to the city in 2000, programs have been initiated to reduce the number of shelter deaths. 

According to shelter records, in 1998, 783 animals were put to death. Last year 123 were killed. The sharp decline was not achieved by more adoptions, but through partnerships with rescue operations that take animals to different, more desirable shelters or return them to the wild.  

Adoptions won’t increase until the city builds a facility that people will be comfortable visiting, Posener said. 

“We’ve begun to make a real difference with philosophy and policies, but now we need a building that reflects that commitment,” said Posener. 

Contact reporter at matt@berkeleydailyplanet.net

To the Editor: 

Opposition to Proposition P, the height initiative, is being organized by businessmen like developer Patrick Kennedy with a vested interest in unlimited building heights. Support for Proposition P is grassroots citizen-based and includes the Council of Neighborhood Associations and Berkeley Architectural Heritage Association. 

With lots of money behind the opposition, many politicians have jumped on the defeat of Proposition P bandwagon, claiming that it would limit the construction of housing. However, this is not true. Nowhere in the initiative does it restrict the production of housing. On the contrary, it seeks to preserve neighborhoods by preserving the quality of life there. Huge out-of-scale buildings have been proposed in west Berkeley and throughout Berkeley, such that five-story towers would be built next to modest single-story houses. Some years ago, permits for such constructions would have been modified or denied by the regulating agencies. But now with the developer based smart growth movement, such considerations have been cast aside in favor of upward expansion. But the goal of upward expansion in downtown areas was supposed to be the maintenance of smaller scale surrounding areas on the outer edges of cities and in rural areas. Not any more. Capitalism mandates continual expansion, such that even in the outlying areas larger, more intrusive structures are being built. 

The result of all this building is increased traffic congestion, since the developers fail to increase parking and cities cannot afford to increase public transit. The quality of life in the city continues take a backseat to economic expansion. Proposition P is a citizen attempt to come up against big money and say no to steamrolling our neighborhoods and endless urbanization in every single corner of Berkeley. 

Stephanie Manning 

Berkeley

Three different Golden Bear forwards scored as the No. 7 Cal women’s soccer team defeated Oregon State, 3-1, Sunday afternoon at Edwards Stadium. Cal improved to 9-4-1 overall (2-2 Pac-10), while the Beavers fell to 7-6-2 (0-4 Pac-10).  

“We’ve been talking about adding some excitement and creating chances,” said Cal head coach Kevin Boyd. “The goals will come. The other thing that’s a factor is that we’re the healthiest we’ve been so far this year, particularly in our frontline.”  

All-American senior forward Laura Schott ignited Cal’s offense with her second goal in the last two games in the 23rd minute. Junior midfielder Kim Yokers served a long pass into the box and Schott got her head on the ball and looped it over Oregon State goalkeeper Jo Fletcher.  

In the 64th minute, freshman forward Tracy Hamm gave the Bears a 2-0 margin when she ran onto a through ball from junior defender Amy Willison and scored from 15 yards for her eighth goal of the year. The score later proved to be her team-leading third game-winning goal.  

Oregon State’s leading scorer, Courtney Carter, cut Cal’s lead to 2-1 with a score in the 74th minute from 12 yards out to the far post. Stacey Mescher got the assist on Carter’s sixth goal of the season.  

On the ensuing kickoff, Schott found freshman forward Dania Cabello, who drilled an insurance goal from 18 yards.  

After starting the weekend with no points, Schott now has six points from two goals and two assists.  

Fletcher grabbed seven saves for the Beavers, while Post had four for the Bears.  

• LOS ANGELES – The Cal men’s soccer team, ranked No. 13 by Soccer America, took its first Pac-10 loss of the season with a 2-1 loss to No. 6 UCLA (Soccer America) Sunday afternoon at Frank. W. Marshall Field. The defeat ended the Bears’ nine-game winning streak, the most consecutive wins in the all-time Cal record book.  

The Golden Bears fell to 10-3-1 (3-1 Pac-10) as the Bruins improved to 8-1-2 (3-0 Pac-10). 

First-half goals by Aaron Lopez and Matt Taylor gave the Bruins the edge over the Golden Bears. UCLA’s Aaron Lopez ended a scoreless tie in the 21st minute. Bruin defender Scot Thompson got the play started with a close-range shot that was saved by Cal goalkeeper Josh Saunders, but the rebound went to Lopez, who finished for his first goal of the season.  

The Golden Bears broke through in the 40th minute when an Angel Quintero pass found Carl Acosta in front of the goal. Acosta slammed a shot past into the right corner of the net for his fifth goal of the year.  

The Bruins came back minutes later on a breakaway in the 44th minute. A Tim Pierce pass to Matt Taylor on the left side resulted in the game-winner for Taylor, his fifth goal and second game-winner of the year. The Bears were unable to come up with an equalizer in the second half.

In her eight years on the Berkeley City Council, Polly Armstrong has long argued that council’s time and energy was better spent dealing with “police and potholes,” not the international issues raised by colleagues. 

The current political climate, though, has caused Armstrong to rethink her stance. Twice in the past month, she not only voted for, but played an active role in, the passage of city resolutions targeting national issues. 

“This time in American history feels to me like a time when I can feel very strong that, by taking the stand I’m taking, I am representing my constituents,” said Armstrong. “This is my country moving in a direction that my world doesn’t approve of.” 

Armstrong, among City Council’s moderate faction, bridged the contentious divide with the progressive group over a city resolution condemning the federal Patriot Act. Circumventing potential debate, Armstrong helped broker a compromise that criticized the legislation as a violation of civil rights, to the satisfaction of every council member. The resolution passed unanimously Sept. 10. 

More recently, Armstrong and fellow moderate Councilmember Miriam Hawley introduced an agenda item to support a failed Congressional resolution calling for the United States to work through the United Nations before using military action in Iraq. Councilmembers Linda Maio and Maudelle Shirek proposed a similar resolution. Council passed its anti-war resolution Oct. 8. 

“Our country is struggling with how to deal with a rogue country that may be a threat to us and to the world,” Armstrong explained in a recent letter to the Daily Planet. 

Though Armstrong said no one had encouraged her to write a resolution on Iraq, she said a number of people have called and e-mailed her in support of the move. 

“It was really very touching,” she said. 

With a well-earned reputation for doggedly trying to keep the council out of national and international politics, Armstrong assures residents that her recent action is “not a trend.” 

“So often the City Council has taken positions on foreign policy issues that don’t directly affect our residents,” she said. “My problem is that the rhetoric is so outrageous.” 

Progressives on the council welcomed Armstrong’s change of heart on recent matters. 

“Whether it is for political reasons or personal reasons, I am just happy the council can agree on this,” said Councilmember Kriss Worthington. 

Mike Berkowitz, aide to Councilmember Maudelle Shirek, also a progressive, agreed. “Better to find religion late in life than never at all,” he said. 

-Stream Weir contributed to this story.

Arizona St. 45, No. 7 Oregon 42 

EUGENE, Ore. – Andrew Walter threw for a school-record 536 yards and four touchdowns, and Arizona State rallied from a 21-0 second-quarter deficit to stun Oregon at Autzen Stadium. 

The Sun Devils are one of only two unbeaten teams left in the conference. 

No. 20 USC 41,  

No. 17 Washington 21 

LOS ANGELES – In a matchup of prolific quarterbacks, Carson Palmer’s passing was too much for Cody Pickett and the Washington Huskies to handle. 

Palmer threw for 348 yards and four touchdowns – three to freshman Mike Williams – as Southern California earned a 41-21 victory over Washington on Saturday.  

Stanford 16, Arizona 6 

PALO ALTO – In a game that amounted to a kickers duel, Michael Sgroi led Stanford to a 16-6 victory Saturday over Arizona.  

With a little help from Chris Lewis, who threw 12 yards to Alex Smith for the game’s only touchdown, Sgroi kicked three field goals and an extra point before a homecoming crowd at Stanford Stadium. 

Pac-10 Standings 

Pac-10 Overall 

TEAM W–L W–L 

Washington State 3–0 6–1 

Oregon 2–1 6–1 

Arizona State 3–0 6–2 

UCLA 1–2 4–3 

USC 3–1 5–2 

Washington 1–2 4–3 

California 2–2 5–3 

Arizona 0–3 3–4 

Stanford 1–2 2–4 

Oregon State 0–3 4–3

ASHLAND, Va. – A man was shot and wounded in a steakhouse parking lot Saturday night while walking to his car with his wife. Authorities were investigating whether the Washington-area sniper who has killed nine people had struck again, for the first time on a weekend. 

The couple was leaving a Ponderosa restaurant around 8 p.m. when the 37-year-old man was shot once in the abdomen, authorities said. He was conscious and able to talk to doctors when he arrived at MCV Hospital in Richmond. 

The man came out of surgery shortly after midnight after about three hours and was in critical condition, said hospital spokeswoman Pam Lepley. She said his injuries were still life threatening and wouldn’t speculate on whether he would recover. Ashland Police Chief Frederic Pleasants said doctors have not removed a bullet from the victim’s body. 

Some witnesses said they heard the shot coming from a wooded area at the edge of the parking lot, said Pleasants. He said no witnesses reported seeing the shooter. 

Ashland is about 90 miles south of Washington and about 35 miles south of Fredericksburg, where two previous shootings this month were linked to the sniper. 

State police spokeswoman Corinne Geller said portions of Interstate 95 were immediately shut down as police set up road blocks. Roads were later reopened, and state police were monitoring traffic at exits. 

Hanover County Sheriff Col. Stuart Cook said police can’t confirm the sniper was responsible, but were proceeding as if that were the case. 

“The shot came out of the darkness,” Cook said. “We cannot afford to take a chance.” 

Maryland State Police Sgt. William Vogt said troopers were on the lookout for a white van with a ladder rack. A sniper task force was on its way to the scene, said Montgomery County police Capt. Nancy Demme. 

Lt. Doug Goodman of the Hanover County Sheriff’s Department said police were still interviewing witnesses. He said several vehicles were stopped minutes after the shooting, but no one was in custody. 

If the shooting turns out to be related, it would be the first time the sniper attacked on a weekend; it also would break the longest lull in between shootings as the break in the spree had stretched into a fifth day. 

It would be the 12th sniper shooting since they began Oct. 2; nine of the victims were killed. Before Monday’s killing of FBI analyst Linda Franklin at a Fairfax County Home Depot store, the longest gap between shootings was three days. 

Pleasants said after dining at the restaurant for about an hour, the man’s wife heard a sound, but didn’t recognize it as a gunshot, then saw her husband take about three steps before collapsing. 

Pleasants said the couple was traveling and had stopped to gas up and get something to eat, but did not say where they are from. 

Ashland, with about 6,000 residents, is a favorite stop for travelers along Interstate 95. It is just off the highway and offers a variety of restaurants and gas stations. It is just north of Interstate 295, a bypass of Richmond and Petersburg. 

Earlier Saturday, authorities tested a shell casing found in a white rental truck for links to the sniper attacks. Police said it would be at least Monday before they could announce whether the shell casing found in the truck — a vehicle similar to one police have profiled in the ambush killings — is connected to the shootings. 

The Washington Post, quoting law enforcement sources, reported, however, that the cartridge was for a 7.62mm bullet, about equivalent to .30 caliber and larger than the .223 caliber bullets implicated in the earlier shootings. The bullets cannot be fired from the same weapon because they require different sized chambers and barrels. 

The shell casing was found in a car seized at a rental agency near Dulles International Airport in Virginia, authorities said. 

Pleasants said that because the bullet is lodged in the victim, police have not turned over any ballistic evidence to the Bureau of Alcohol, Tobacco and Firearms. 

Pleasants said the victim’s vital signs are stable, but he sustained grave injuries. He may require more surgery, but it was not immediately clear when doctors would operate. 

Meanwhile, high schools staged football games at secret locations so players could compete without fearing for their lives. 

Jon DeNunzio, high school sports editor for The Washington Post, said some northern Virginia schools would tell his staff where games were being played only if the paper promised not to publish the sites. Washington schools refused to give notice, telling reporters when to show up at the schools so they could follow buses. 

Fort Belvoir, an Army post south of Washington, offered the security of a military base for a football marathon for youth players from northern Virginia — 111 games Saturday and Sunday, moved from other locations for safety. 

Games were played on nine fields hastily assembled from the base parade field and athletic fields by instructors from the base mapping school who surveyed the fields to set up the corners, and volunteers who laid out sidelines, end zones and yard lines. 

Two of the sniper’s victims were buried Saturday. 

More than 400 people turned out at the Shrine of the Sacred Heart Roman Catholic Church in Washington to remember Pascal Charlot, 72, a carpenter who moved from Haiti to Washington in 1964. He was gunned down Oct. 3 while standing on a street corner. 

“He always found humor in every situation. No matter how bad things were, he would try to cheer you up,” said Danielle Charlot, his niece. “How could someone take that away from this family?” 

Near Pottstown, Pa., more than 100 people filled Christ Evangelical Congregational Church to remember Dean Meyers, 53, a Vietnam veteran, civil engineer, motorcycle enthusiast and huge Beatles fan.  

He was shot Oct. 9 on his way to his Gaithersburg, Md., home after stopping for gas in Manassas, Va.

Tuesday 

Girls Tennis - Berkeley vs. Pinole Valley, 3:30 p.m. at King Middle 

Water Polo - Berkeley vs. California, 3:30 p.m. at California High, San Ramon 

Girls Volleyball - Berkeley vs. Richmond, 5 p.m. at Richmond High 

Girls Volleyball - St. Mary’s vs. John Swett, 5:15 p.m. at St. Mary’s High 

Wednesday 

Cross Country - ACCAL Meet, 3:30 p.m. at Crab Cove, Alameda 

Thursday 

Girls Tennis - Berkeley vs. De Anza, 3:30 p.m. at De Anza High 

Girls Volleyball - Berkeley vs. De Anza, 5:30 p.m. at Berkeley High 

Friday 

Football - Berkeley vs. Richmond, 7 p.m. at Berkeley High

Ed Rossbach, a pioneer in the fiber-arts movement, has died at age 88. 

Rossbach died on Oct. 7 at a Berkeley hospital after a long illness. 

He was an experimental pioneer in the use of non-traditional textile materials in works of art and often employed metal foil, plastic bags, Mylar, twigs, staples and twine in his pieces. 

“His baskets were incredible,” said Inez Brooks-Myers, curator of costume and textiles at the Oakland Museum of California. “He was innovative, using throwaway materials for his baskets, but he also was innovative in his other weaving, where he would apply really old textile techniques in a very modern pop-culture, provocative way.” 

Rossbach was born in Edison Park, Illinois, earned a bachelor’s degree in painting and design from the University of Washington in Seattle in 1940 and later received a master’s degree in art education from Columbia University’s Teacher’s College in 1941. 

He was a professor emeritus of design at University of California, Berkeley, where he taught for 29 years. 

Rossbach’s unique works are now part of collections in numerous museums, including the Metropolitan Museum of Art and the Museum of Modern Art in New York. 

He was also the author of several books including “The Nature of Basketry” and “Baskets as Textile Art.” 

Rossbach is survived by his wife.

A Berkeley police officer shot and killed a pit bull Sunday while responding to a domestic disturbance in northeast Berkeley, authorities said. 

According to police, when two officers arrived at the scene sometime between 6:30 and 7 a.m., a pit bull emerged from between two houses and attacked one of the officers. The officer then shot the dog, which died at the scene, police said. 

One person was arrested in connection for the domestic dispute. Police would not disclose if the dog belonged to the couple that called in the complaint. 

The dog’s body was taken to the Berkeley Animal Shelter on Second Street, a police spokeswoman said. 

–Compiled from staff and wire reports

A spokesman for Highland Hospital confirms that a man died after being shot in the back in West Oakland around 4:30 a.m. this morning. 

Oakland police released no details about the shooting but the Oakland Fire Department says it happened outside the Wallace W. Knox chapter of the Boys and Girls Club of Oakland at 4801 Shattuck Ave. in west Oakland. 

The man was given CPR by paramedics en route to the hospital, where he was pronounced dead.

n Assault with deadly weapon 

Two homeless men were talking at the corner of Shattuck Avenue and Haste Street at about 5:20 p.m. Wednesday, when a third homeless man arrived on the scene. According to police the third man attacked one of the men and continually kicked him in the head. The victim sustained numerous cuts and bruises and was taken to Highland Hospital for medical care. The suspect was arrested for assault with a deadly weapon, his feet.  

n Squatters 

A resident manager of an apartment complex on the 2400 block of Piedmont Avenue alerted police Wednesday night that a group of drug addicts had seized control of a vacated apartment. When officers arrived, they found four trespassers inside with methamphetamine and a large quantity of used and unused syringes. All four were arrested. 

SAN FRANCISCO – Eddie “Gwen” Araujo was a good-looking girl – so good, it cost him his life. 

The 17-year-old with high cheekbones and soft, pretty eyes never came home from a house party earlier this month. Instead, Araujo was allegedly beaten and strangled by three enraged men who discovered she was a he. 

While saddened by the killing, members of the transgender community aren’t surprised. They say stories of assaults, mutilations and murders have become so common, new crimes are almost expected. 

“I hear so much of it, it makes me sick,” said Theresa Sparks, a transgender commissioner on the San Francisco Human Rights Commission. “All of these are young people.” 

Araujo left for the Oct. 3 party in his hometown of Newark dressed in flip flops and a denim skirt, but took a change of pants so it would be easier to conceal his true sex when he got drunk, according to court documents. That plan failed after a girl at the party returned from the bathroom and said “It’s a man,” the documents show. 

The three men then allegedly attacked Araujo and dragged him – half conscious – into the garage where police believe they strangled him with a rope until he was presumed dead. His body was found buried in a shallow grave in the Sierra wilderness two weeks later, his wrists and ankles bound. 

Sylvia Guerrero said her son will be buried in makeup and women’s clothes and “Gwen” will be engraved in his headstone – Araujo chose the name because he liked singer Gwen Stefani of the band No Doubt. 

“He was born this way. He always felt like a girl,” she told a crowd of about 100 at a vigil Friday night. “Eddie was different, and people were mean to him. 

“But he was my baby. He was my son. I loved him unconditionally,” she said. “When you see someone like Eddie, smile at him.” 

Michael William Magidson, 27, Jaron Chase Nabors, 19, and Jose Antonio Merel, 24, all of Newark, face murder charges with a hate-crime enhancement that carries up to an additional four years in prison. They did not enter pleas in court Friday and were ordered held without bail. 

A fourth suspect was arrested Wednesday but was released when the district attorney’s office determined there was not enough evidence to prosecute him. 

In a study conducted by the Gender Public Advocacy Coalition about five years ago, two-thirds of transgender respondents said they had been physically or sexually assaulted, said executive director Riki Wilchins. 

Gwen Smith started tracking transgender deaths in 1998 as part of the Remembering Our Dead Project and said many of the slayings share the same details. On average, about one anti-transgender murder is reported in the United States each month, she said. 

“I think the No. 1 thing that people need to get is that we’re human and we have a right to live,” she said. “So often, we’re reduced to a thing. One of the more famous cases is that of Brandon Teena when one of the police officers questioned said, ‘You can call Brandon it for all I’m concerned.”’ 

Smith said Araujo’s slaying is eerily similar to that 1993 Nebraska slaying which was portrayed in the movie “Boys Don’t Cry.” Teena, a 21-year-old girl, was raped and shot to death by two men who discovered she was not a man. 

The killing is also reminiscent of the bludgeoning death of 16-year-old Fred C. Martinez Jr. in Colorado. The Navajo boy was “two-spirited,” meaning he felt he was a girl in a boy’s body. 

Unfortunately, Sparks said it takes high-profile killings to educate people about what it means to be transgender. She said it’s confusing for gay and straight people alike because it’s about gender identification, not sexual orientation. The term transgender describes a wide range of identities including cross-dressers, transvestites, transsexuals and those born with the physical characteristics of both sexes. 

“One of our focuses will have to be more visibility,” Sparks said. “That seems to be a way to get rid of the perceptions that we’re sexual deviants or perverts.”

Health products company fined in employee deaths 

PETALUMA – A health products company has been ordered to pay a $137,895 fine for the deaths of two workers who died while cleaning a steel tank. 

Spectrum Organic Products Inc. was cited for multiple safety violation by the state Occupational Safety and Health Administration, including failing to provide proper training and safety equipment to employees who clean the tanks. 

The tanks are used to process flaxseed oil for use in a variety of organic food and health products, which are sold nationwide. 

Spectrum has 15 days to appeal $137,895 in fines. Company officials said they would appeal the fines. 

After Javier Del Rio, 42, and Francisco Estrella, 24, died inside the 12-foot high tank, company executives said both men performed the cleaning regularly and that they had been properly and recently trained. 

Police investigators concluded that Estrella died trying to rescue Del Rio from the tank, which was full of argon gas, used to displace oxygen as part of a cleaning process. 

Cal-OSHA spokesman Dean Fryer said the following of proper procedure would have prevented the deaths, and that the company bears sole responsibility. 

OSHA cited the company for not posting danger signs, having no training program, and for not informing employees about the dangers of working in the oil processing tank. 

The agency also found that Spectrum didn’t provide respirators, communications gear or emergency rescue equipment for workers performing the kind of work Estrella and Del Rio were doing when they died. 

All of the violations have since been corrected, according to Fryer. 

Con man gets three years 

REDDING – A San Francisco man who posed as a silver dealer was sentenced to three years in prison for stealing $4,099 from two Shasta County women. 

Serge Alexandre, 76, claimed to be a dealer for Westmoreland Sterling Silver and offered the women a discount if they paid in advance for their silver order. 

He kept the cash without delivering the merchandise to the women, authorities said. 

Alexandre pleaded guilty to two counts of theft from an older person.

Report: Border security hurting San Diego economy 

SAN DIEGO – San Diego County’s economy is still suffering from tight border security put in place after the Sept. 11 terrorist attacks, according to a recent study. 

A survey of more than 100 businesses in the San Diego area show that shoppers from Mexico account for a significant number of sales, said Kenn Morris, director of Crossborder Business Associates. 

Long waits at the border caused a drop in crossings, hurting businesses, he said. 

During the first six months of this year, 23.8 million crossings were recorded at the San Ysidro and Otay Mesa ports of entry, compared with 28.8 million during the same period last year, according to the Immigration and Naturalization Service. 

Morris’ group recommended making border crossings more efficient. 

The INS plans to add three scanning machines to speed up background checks, said INS spokeswoman Adele Fasano. 

It is also considering special lanes for frequent pedestrian visitors just as it has done for those crossing the border by car, she said. 

Woman puts husband up for auction on eBay 

LOS ANGELES – A woman looking for a creative way to help her unemployed husband find a job posted his resume on eBay and put him up for auction. 

But Sherri Edwards said the first and only bid was $1. 

“And that was out of sympathy,” she said. 

The posting has grabbed a lot of attention for Dean Edwards, but so far he hasn’t gotten any job offers. The marketing specialist said he was laid off three months ago from a tech firm. 

“We’ve had about 1,000 hits, but everyone just wants to vent about their own job search and how difficult it is right now,” Sherri Edwards said. 

Woman indicted for helping Aryan prison gang 

RODEO – A 51-year-old Rodeo woman indicted on racketeering charges was expected to surrender to federal authorities today, an agent for the federal Bureau of Alcohol, Tobacco and Firearms said. 

Marty Laine Foakes, also known as Marty Donohue, was one of 39 people indicted in August by a federal grand jury in a massive criminal probe of the Aryan Brotherhood prison gang. 

Prosecutors believe Foakes was one of several gang associates who relayed messages between high-ranking members in different federal penitentiaries during the 1990s. 

The indictment was unsealed Thursday, when police in 12 states served 80 search warrants and arrested 38 of the suspects. Thirty of those arrested were already incarcerated for unrelated offenses. 

Foakes was not at her home when ATF agents served a search warrant Thursday morning, said Andy Traver, assistant special agent in charge of the ATF’s San Francisco office. 

Foakes’ attorney told ATF agents his client would surrender Monday in Los Angeles federal court, he said. Police will continue to search for Foakes over the weekend, he added. 

Authorities are also searching for 29-year-old Jason Lee Schwyhart of Green River, Ark., a suspected gang member who allegedly took part in the murder of two black inmates at a penitentiary in Illinois. 

The 110-page indictment charges the defendants under the Racketeer Influenced and Corrupt Organizations Act with being part of an organization that uses murder, intimidation and perjury to help the Aryan Brotherhood maintain its hold on drug-dealing, gambling and extortion in state and federal prisons. 

Foakes is accused of passing messages among members that often contained hidden messages “through coded language,” said assistant U.S. attorney Gregory Jessner. 

Man arrested in murder 

WOODLAND – A Sacramento man was arrested on suspicion of killing a Southern California man and dumping his body in Yolo County, officials said. 

Hoang Nguyen, 19, was booked on a no-bail murder warrant Thursday, said Yolo County sheriff’s spokesman Rich Williams. 

Nguyen is accused of shooting Christopher Daniel Pearson, 22, of Santa Clarita Valley in a dispute over drugs, Williams said. 

Pearson’s body was discovered Aug. 24 in a slough outside Clarksburg, he said. The victim was identified when his mother reported him missing, Williams said.

DENVER – Property-rights groups plan to ask the U.S. Supreme Court to determine whether President Clinton acted illegally when he protected Colorado’s Canyons of the Ancients, California’s groves of giant sequoias and six other federal tracts as national monuments in 2000. 

On Friday, a federal appeals court in Washington rejected arguments by the Mountain States Legal Foundation, timber interests and recreation groups that Clinton overstepped his authority when he established seven national monuments in five states during the last months of his administration. 

William Perry Pendley, president of Mountain States Legal Foundation, said Clinton violated the Antiquities Act of 1906 when he set aside the 2 million acres. 

“I think the big difficulty with the court’s decision is that it indicates the president has the power to achieve whatever environmental objective he wants through the antiquities act,” Pendley said. “We think that’s too broad a reading.” 

The other monuments challenged were Grand Canyon-Parashant, Ironwood Forest and Sonoran Desert national monuments in Arizona; Giant Sequoia National Monument in California; the Cascades-Siskiyou National Monument in Oregon and the Hanford Reach in Washington. 

The three-judge appellate panel called the Mountain States’ claim a “bald assertion” with no evidence. 

Earthjustice lawyer Jim Angell said the justices’ strong language proves the challenge was baseless. 

The group intervened because lawyers were afraid Bush wouldn’t defend the monuments. The Interior Department claimed presidents can scale back or eliminate monuments under the act, which the court rejected.

LOS ANGELES – A 41-year-old man has asked for a protection order against his girlfriend’s father, a Superior Court judge who testified during a child custody hearing that he would kill him. 

Judge James A. Kaddo told a court in April that he would kill Fadi Nora because he didn’t want the man near his three grandchildren — a remark he now says he regrets. 

“It was a stupid thing to say, but I was a grandfather in tears,” Kaddo told the Los Angeles Times in an article published Sunday. 

In court documents filed last month in Orange County Superior Court, Nora said the remark is the latest in a series of threats Kaddo has made against him since he began dating Kaddo’s daughter two years ago. 

Nora has asked the court to bar Kaddo from coming within 150 yards of him, his home, his car or his workplace. A hearing has been scheduled for Oct. 25. 

The Los Angeles County District Attorney’s Office declined to file criminal charges against Kaddo, 68, saying investigators concluded the remarks were not an actual threat, but “an inappropriate emotional response to a very charged issue,” the Times reported. 

During the hearing, Kaddo urged Commissioner Ann Dobbs to deny his daughter’s bid for custody of her three children, ranging in ages from 8 to 13. He wanted her to return to her husband and leave Nora. 

“I can’t stand to have that psycho around my grandkids. I’m going to do what I have to do to save my grandchildren,” said Kaddo, according to a transcript of the hearing. 

When asked what he meant, Kaddo said, “If it means killing him, I will do it.” 

Kaddo’s attorney said the judge’s testimony was misinterpreted. 

In addition to seeking a restraining order against the judge, Nora filed a complaint with the state Commission on Judicial Performance, which investigates allegations of misconduct and disciplines judges.

SAN FRANCISCO – After promising this week to produce proof of a dockworker slowdown at West Coast ports, shipping companies embroiled in a labor dispute with longshoremen on Friday again delayed filing the documents with Department of Justice lawyers. 

The records are key because federal prosecutors will review them and decide whether to go after the longshoremen’s union based on a federal court order that reopened the ports last week after a 10-day lockout. 

Officials with the International Longshore and Warehouse Union pounced on the apparent delay as evidence the association was scrounging for a case — and unable to grasp one because workers are doing their best to move cargo under difficult and dangerous conditions. 

But a spokesman with the Pacific Maritime Association, which represents shipping companies and port terminal operators, dismissed that suggestion. Association lawyers were reviewing the document, a narrative sprinkled with data that asserts work productivity is off up to 30 percent in some ports, and would either e-mail it today. 

“We had hoped to complete the document and make the submission to the Department of Justice earlier this week, but we want to ensure that the case we make is air-tight,” association spokesman John Pachtner said Friday. “Everyone would like to move from analysis to action as quickly as possible.” 

Association officials had said the submission would be made Thursday, and on Friday morning said it was about to go — but by close of business Friday, the document had not been sent. 

“They don’t have a case and they’ve got to keep searching and searching for something that’ll hold up to cross-examination,” said union spokesman Steve Stallone. “And they don’t have it.” 

A federal judge may determine that. 

On Wednesday, U.S. District Judge William Alsup formally approved the 80-day “cooling-off” period that President Bush requested last week. Under the order, longshoremen must work “at a normal pace” — if Alsup determines they are deliberately slowing down, he has broad discretion to impose penalties. 

In an interview Friday, association President Joseph Miniace said he didn’t want Justice Department lawyers to drag the union to court. Rather, Miniace said he wanted prosecutors to tell union officials to “stop screwing around” and hunker down at the bargaining table. 

It was a meltdown over a new contract that led to the lockout late last month. A federal mediator met with union officials Wednesday and may meet with association representatives next week. 

Chief atop his list of issues will be how to modernize 29 major Pacific ports covered by the contract to the satisfaction of the 10,500-member union — that is, how to introduce labor-saving technology without slashing too many union jobs. 

It won’t be an easy task, not least with both sides busy trading blame for the slow pace of cargo movement. 

The union says the association has sabotaged the reopening by undersupplying equipment such as truck chassis to move containers so that the congested docks will remain a mess, even going on two weeks after the lockout ended. 

“They are purposely not moving the containers off the docks so that the whole place is a disaster,” Stallone said. 

Nonsense, said Miniace. 

“We know the union is going to say it’s a backlog from the shutdown,” he said. “Yes, it is a little congested, but have we handled these volumes in the past? Absolutely.” 

Miniace said the association is documenting slowdowns in each port — from a 28 percent drop in productivity at Oakland to around 20 percent in Tacoma, Seattle and Portland to around 10 percent in Los Angeles/Long Beach, the nation’s largest port complex. 

Meanwhile, the lingering effects of the shutdown continue to shiver through the economy. 

Honda of America Manufacturing Inc. temporarily halted production Friday at four Ohio plants to allow parts to build up in the automaker’s supply line, disrupted because of the labor dispute at West Coast ports. The move affected nearly 12,000 workers. The work should resume early next week. 

Also, a ship with thousands of cameras the San Francisco Giants were going to give away during Game 4 of the World Series next week is stalled outside the Port of Los Angeles. They won’t arrive in time.

SAN FRANCISCO – Adobe Systems Inc. today launched its popular Acrobat software in a new direction aimed at increasing the use of the Internet to fill out contracts, tax forms and other key documents. 

With the move, San Jose-based Adobe will put its fully loaded Acrobat package on Web servers that will be licensed to businesses and government agencies. 

The buyers then can use the Acrobat Web servers to unlock all of the software package’s applications, including the ability to sign a document with a digital signature, for their customers. 

The Acrobat Reader, which Adobe gives away, is already widely available and is commonly used to transfer documents electronically. An estimated 400 million computers worldwide have the program. 

But the Acrobat Reader doesn’t include the power to produce digital signatures or add annotations, limitations that have retarded its use for online business. 

Individuals who wanted all of Acrobat’s features currently must pay a suggested retail price of $249 for the desktop version. 

That high price tag meant businesses and government agencies couldn’t expect visitors to their Web site to have the tools necessary to fill out electronic forms such as mortgage applications and insurance policies. 

“This is going to enable all kinds of transactions online that weren’t possible before,” Bruce Chizen, Adobe’s chief executive, predicted in an interview. “It will encourage more electronic transactions.” 

The new server product is expected to be particularly popular among banks, insurance companies and government agencies that traditionally require heavy paperwork.

SAN FRANCISCO – The San Francisco city attorney filed a civil lawsuit that claims one of the Bay Area’s largest mechanical contractors faked a partnership with a Filipino firm to defraud the city’s minority contracting program of $8 million. 

The lawsuit alleges that William D. Spencer, the white owner of F.W. Spencer & Son Inc. and Brisbane Mechanical Co., created a fake joint venture to help the companies’ bids for contracts on the nearly $3 billion expansion of San Francisco International Airport. 

Three of Spencer’s employees were also named in the lawsuit for allegedly helping Spencer form the bogus joint venture with Virgilio and Gerardina Talao, the minority owners of San Luis Gonzaga Construction. 

Spencer told the San Francisco Chronicle that he knew nothing about the complaint. 

The lawsuit says Spencer reported that San Luis Gonzaga Construction controlled 51 percent of a partnership with Brisbane Mechanical and that San Luis Gonzaga would perform more than half of the work. 

City Attorney Dennis Herrera said Spencer’s companies, and not San Luis Gonzaga, did all of the work on more than $8 million in contracts that the joint venture won between 1996 and 1999. The city is demanding that the money paid on those contracts be repaid. 

The three-year investigation of abuses of the minority program has focused on subcontractors, many of which worked for entities controlled by the Tutor-Saliba Corp. 

Tutor-Saliba won $841 million of work at the airport, and the city attorney is investigating the company for possible overbilling at the airport. 

In September, federal prosecutors dropped all criminal charges against a San Francisco city official and a Hunters Point plumber who were accused of defrauding a city-sponsored minority contractors program. 

Zula Jones, a contract compliance officer for the San Francisco Human Rights Commission, and plumber Alvin P. Norman Jr. were indicted in April 2000 along with three company officers from San Leandro-based, Scott Co., a white-owned mechanical contracting firm. 

Scott Co. won at least $55.1 million on the airport expansion project as a minority subcontractor to construction giant Tutor-Saliba Corp. 

In February, the firm and its vice president Robert Nurisso, 59, of Redwood City, pleaded guilty in the case. Scott Co. was ordered to pay $1.5 million in fines and restitution and Nurisso to serve six months home detention and pay an additional $500,000 restitution.

SAN FRANCISCO – Scientists at the University of California, San Francisco have developed a new mad cow disease detector they claim is faster and more accurate than existing models and could “significantly reduce human exposure” to the fatal brain-destroying malady. 

UCSF researchers said their test can detect 10,000 more abnormal prions – the disease-causing proteins – per gram of tested tissue than more conventional tests. 

Such sensitive readings could spare cattle wrongly diagnosed as having the disease, known as bovine spongiform encephalopathy. The readings could also detect infected cows now misdiagnosed with false negative results, said Dr. Jiri Safar, who was lead author on a scientific paper discussing the research published online Sunday in the scientific journal Nature Biotechnology. 

Other prion disease experts agree the UCSF test is the most sensitive reported, but question how it will improve upon the current methods of diagnosing mad cow disease. Tests already available are sensitive enough to detect most occurrences of mad cow disease, they said. 

“This is a Cadillac when a Pinto is all you really need,” said Dr. Pierluigi Gambetti at Case Western Reserve University in Cleveland. 

Still, Gambetti said the UCSF test is impressive and could open the door to blood testing, which would allow diagnosis of mad cow disease while the cow is still alive. Currently, mad cow disease is only diagnosed by examining the brains of dead cows. 

More than 100 Europeans have died of the brain-destroying Creutzfeld-Jakob disease linked to eating infected cattle. Some 179,000 cattle have been found to have mad cow disease since 1986. 

One of the biggest challenges in testing for prion-related disease is distinguishing the abnormal prions from naturally occurring healthy prions. 

The UCSF test employs antibodies genetically engineered to seek out and bind with abnormal prions in tissue samples. Safar said the test performed flawlessly on 1,729 samples. 

Safar works in the lab of Dr. Stanley Prusiner, who co-wrote the paper and who won the 1997 Nobel Prize in Medicine for discovery that abnormal prions cause mad cow disease. The research was funded by the National Institutes of Health. 

Safar and Prusiner also hope to profit from the new test, which is being considered for commercial use by the European Commission. Both are investors in InPro Biotechnology Inc., a tiny South San Francisco startup launched by Prusiner in 2001 and which owns the commercial rights to the UCSF test. 

The company hopes to have the test on the European market by sometime next year, said InPro president Scott McKinlay. McKinlay estimated the commercial market for such a test in Europe to be about $200 million.

EVELETH, Minn. — Sen. Paul Wellstone, the passionately liberal Democrat whose re-election campaign was vital to control of the Senate, was killed in a plane crash in northern Minnesota on Friday along with his wife, daughter and five others. 

The crash came just 11 days before the election. Stunned party officials said it was too early to discuss replacing Wellstone on the ballot. 

The twin-engine private plane went down about 10 a.m. in freezing rain and light snow near the Eveleth-Virginia Municipal Airport, about 175 miles north of Minneapolis. A pilot in the area said the plane seemed to have veered away from the usual approach to the airport. 

“It’s just terrible. Say a prayer,” said Lisa Pattni, an aide at the crash site. 

The wreckage was still smoldering several hours after the crash in a wooded, swampy area two miles from the airport and several hundred yards from the closest paved road. The National Transportation Safety Board sent a nine-member team to determine the cause of the accident. 

Wellstone, a 58-year-old former college professor and one of the foremost liberals on Capitol Hill, was on his way to a funeral. 

The death brought an outpouring of grief from supporters and opponents alike. In St. Paul, thousands of mourners stood in a cold rain to pay tribute at the Capitol and outside the senator’s headquarters. Many wept. 

“It doesn’t seem real,” said Tom Collins, who had done volunteer work for the Wellstone campaign. “It’s a nightmare.” 

All eight people aboard the 11-seat King Air A-100 were killed, said Greg Martin, spokesman for the Federal Aviation Administration. Campaign officials confirmed the victims included Wellstone’s wife, Sheila, and daughter, Marcia; three campaign staff members; and two pilots. 

The last senator to die in office was Sen. Paul Coverdell, a 61-year-old Georgia Republican who died of a stroke two years ago. 

“Today the state of Minnesota has suffered a deep and penetrating loss,” Gov. Jesse Ventura said. “With all of us suffering from the numbing experiences of our nation’s recent tragedies, this loss seems especially cruel.” 

Wellstone’s death threw the battle for the Senate into uncharted territory. Before Friday, Democrats held control by a single seat. 

Minnesota law allows the governor to fill a vacant Senate seat, but it also allows a political party to pick a replacement if a nominee dies. In this case, the name must be offered by next Thursday. 

Ventura wouldn’t say what he would do, saying only that he would not appoint himself to serve the rest of Wellstone’s term in the lame-duck session of Congress between Election Day and the arrival of new members. 

Shaken Democratic officials wouldn’t comment on possible replacements. Rebecca Yanisch, the state trade commissioner who ran for Senate in 2000, indicated she might be interested, while former Sen. Walter Mondale didn’t take questions at an appearance and didn’t return a call seeking comment. 

Two years ago, Missouri Gov. Mel Carnahan, his son and an aide were killed in a crash three weeks before Election Day as he campaigned for the Senate. His name remained on the ballot and he beat Republican Sen. John Ashcroft. Carnahan’s widow, Jean, was appointed to serve in his place and is now seeking a full term against Republican Jim Talent. 

Mrs. Carnahan canceled campaign appearances Friday and called Wellstone’s death “heartbreaking news.” 

Wellstone was up against Republican Norm Coleman, a former mayor of St. Paul and President Bush’s choice to challenge the two-term incumbent. 

Coleman, who was scheduled to debate Wellstone on Friday night, immediately suspended campaign activities. He said he, his wife and father were flying to a campaign stop in the same part of Minnesota when they learned his opponent had been killed. 

“We prayed on the plane. We hugged, the staff cried,” Coleman said. “The people of Minnesota have experienced a terrible, unimaginable tragedy.” 

Wellstone had leased the Beech King Air turboprop for the flight to the town of Virginia for the funeral of state Rep. Tom Rukavina’s father. 

The pilots called the Eveleth-Virginia airport to get clearance for landing when they were about seven miles out and they reported no problems, said Gary Ulman, who was on duty at the airport at the time. 

When the plane didn’t land, Ulman said, he took off in a plane to search for it. He soon saw smoke.

PINOLE — The former sister-in-law of one of the suspects arrested in connection with the sniper shootings in the Washington, D.C. area expressed sympathy for the victims and their families. 

Charlene Jackson, of Pinole, would not comment extensively Thursday on the arrest of John Allen Muhammad, 41, who is suspected of terrorizing the Washington area for the past three weeks. Thirteen people were gunned down, 10 of whom died. 

Muhammad, who previously went by the name John Allen Williams, reportedly lived in Jackson’s one-story home in Pinole 10 years ago. He was arrested early Thursday while sleeping in a car at a roadside rest stop near Frederick, Md., with John Lee Malvo, 17, a citizen of Jamaica. 

“We are very sympathetic,” Jackson said. “We just can’t imagine what’s going on, because how can you relate to something like this?” 

Jackson and her family stayed inside while reporters and neighbors congregated in front of the house in the middle-class neighborhood in the suburbs east of San Francisco. 

But some visitors did enter the home, including family members and law enforcement. FBI officials would not say whether they had visited the home and declined to comment on Muhammad’s time in Pinole. 

“It’s shocked me, it was that close,” said neighbor Walter Hughes, who did not know Muhammed. 

Muhammad also lived farther south, at the Army’s Fort Ord in Monterey County. He enlisted in the Army in November 1985 and was posted to Fort Lewis in Washington state before transferring to Germany in 1990. He was sent to Fort Ord in 1992, then back to Fort Lewis the following year. 

He was trained mainly as a combat engineer — his specialty in the 1991 Gulf War — and also as a metal worker and a water transport specialist.

KENSINGTON — The search for the sniper stalking the suburbs of the nation’s capital stretched across the country Wednesday as FBI agents converged on a home in Tacoma, Wash., with metal detectors and chain saws. 

The agents, acting on information from the sniper task force, were seeking evidence related to ammunition, a senior law enforcement official in Washington, D.C., said on condition of anonymity. 

The development raised hopes that investigators had a lead in the shooting spree that has left 10 people dead and three others critically wounded since Oct. 2. But the source said no arrests were expected soon. 

FBI spokesman Ray Lauer in nearby Seattle confirmed the FBI search in Tacoma but refused to say why. 

The back yard of the duplex was divided into grids, and agents swept metal detectors back and forth over the ground. Other crews used chain saws to remove a stump from the yard and load it onto a truck. 

Neighbors said the search had been going on for much of the day. The source said the warrant was executed with the property owner’s consent. 

Meanwhile, worried parents across the Washington area sent their children off to school with extra-tight hugs, defying the sniper’s warning that children are not safe “anywhere, at any time.” Thousands of others kept their kids at home. 

As expected, investigators confirmed that a bus driver shot to death on Tuesday was the sniper’s 13th victim in the three-week rampage. 

They also urged immigrants to come forward with any information without fear of deportation, and the governor raised the possibility of posting National Guardsman at Maryland polls on Nov. 5 unless the killer is caught. 

Ballistics and other evidence connected the slaying of Conrad Johnson, 35, to the sniper, said Michael Bouchard of the Bureau of Alcohol, Tobacco and Firearms. 

Investigators waited three days to reveal the threat against children, which was contained in a letter found after a shooting Saturday in Ashland, Va. 

Bouchard insisted vital information was not being withheld. 

“We’re all parents and are certainly concerned about the safety of our kids and of our co-workers,” he said. He said if information is released too early, “it inhibits our ability to do the job we need to be doing.” 

For the first time in three days, Montgomery County Police Chief Charles Moose did not issue a public statement to the sniper. A news briefing was scheduled, then abruptly canceled just before word leaked of the search in Washington state. 

“The investigation has taken us down different avenues and roads that we need to explore,” police spokeswoman Capt. Nancy C. Demme said without elaboration.

OAKLAND — Critics of a ballot initiative authorizing 100 new police officers to fight Oakland’s rising murder rate are slamming the plan as a misguided and costly approach. 

“This is not going to really solve any problems,” said former Black Panther Bobby Seale, who recently moved back to Oakland and appeared at a news conference Tuesday denouncing the initiative. 

Earlier, another group called Oakland Community Organizations also expressed concern about ballot Measure FF. Members stopped short of taking a position for or against it, saying they want assurances the money will go for such things as neighborhood patrols and a program to close drug houses. 

“We want to be sure that the community has some accountability. That the things that are promised will get done and that we will see some results on the streets and in our neighborhoods,” said the Rev. Valerie Miles-Tribble of the community group. 

Mayor Jerry Brown, who came up with the plan, said the need for more police is a “simple question of arithmetic.” The force, which now has around 780 positions, is getting 800,000 calls for service each year. 

“The fact is there are not enough police in Oakland to give the service that the people of Oakland are demanding,” he said. 

Oakland’s murder total reached 90 on Monday with the discovery of a man shot to death in his car. Last year, that tally was 84 for a city of 406,000 people — a 5 percent increase from the year before. Still, the 2001 total was Oakland’s fourth-lowest in 30 years. 

Voters are being asked to approve four ballot measures, three raising utility, hotel and parking taxes by about $70 million over five years and the fourth, Measure FF, endorsing the hiring of more officers and spending more on crime prevention programs. Critics question the wisdom of spending more money on a department that has been rocked by the corruption trial of three fired police officers, known as “The Riders.” They are accused of beating suspects and falsifying reports. 

But Brown defended Oakland’s police department as one of the best in California, saying officials are working to root out those problem officers. 

Seale, who appeared at the recently opened School for Social Justice & Community Development alongside principal Wilson Riles Jr., said money for Measure FF would be better spent on creating job opportunities and improving education and recreation programs. 

“We need a police department that will work with our community, but more than that we need the kinds of programs that will provide job opportunities and build our economic base,” said Riles, a former mayoral candidate. 

But Brown said the city, county and state already is spending tens of millions of dollars on social programs. 

“It’s not that we don’t have enough programs. We have too many people who won’t take advantage of the existing programs,” Brown said. “You have to separate out fact from ideology and the facts are that the people of Oakland are demanding, through their service calls, more and more police service.” 

City Councilman Ignacio De La Fuente said city officials are sympathetic to concerns that the new tax money be spent wisely, but it’s important that Measure FF pass. 

“In no way shape or form anybody believes it is the total answer. But we need those 100 police officers,” he said. 

Standing near De La Fuente was Raul Jimenez, a retired warehouse foreman whose son, 30-year-old Raul Jr., was shot to death in a road rage incident. Jimenez, who is not sure whether he’s ready to vote for the police ballot initiative, has worked on neighborhood crime-fighting issues for 15 years. 

“The bullet went through his head from side to side,” said Jimenez, shaking his head slightly. 

BUFFALO, N.Y. — Six men were indicted Monday on charges of supporting terrorism by training at an al-Qaida camp in Afghanistan where Osama bin Laden declared that there “is going to be a fight against Americans,” authorities said. 

A federal grand jury handed up a two-count indictment of six Americans of Yemeni descent from the Buffalo suburb of Lackawanna with providing material support to a foreign terrorist organization. An arraignment was scheduled Tuesday. 

Arrested and charged just days after the Sept. 11 anniversary, the men could get up to 15 years in prison if convicted under a 1996 law that prohibits giving money, weapons or other tangible support to foreign groups deemed terrorist organizations by the government. 

Only Sahim Alwan, 29, was granted bond of $600,000 at a hearing two weeks ago. Arrangements for his release were still being worked out. 

Lawyers for the other five — Yahya Goba, 25; Yasein Taher, 25; Faysal Galab, 26; Shafal Mosed, 24; Mukhtar al-Bakri, 22 — filed notice last week that they intend to appeal the denial of bail. 

All of the men have professed their innocence; four of the six deny ever going to Afghanistan or to the training camp. 

Prosecutors maintain the men were awaiting orders from bin Laden’s group to carry out an attack in the United States. But in a statement Monday, U.S. Attorney Michael Battle emphasized that “the investigation has failed to establish any immediate threat to the western New York area.” 

“I was happy that Mr. Battle chose to include that statement,” said William Clauss, a federal public defender representing Goba. “It corroborates what we believe we know, which is that our clients are not dangerous to the community.”

BERKELEY – Officials with the University of California, Berkeley are reported Saturday that the school’s ROTC, or Reserved Office Training Corps, programs have seen a surge in enrollment this year. 

About 35 freshmen are currently enrolled in the Navy program – a 75 percent increase from last year, the university reported. Last year’s Army ROTC program had eight freshman. Twelve are enrolled this fall, bringing the Army’s total up to 48. The Air Force program has seen its total enrollment jump from 45 students last year to 62 this year. 

The Marine Corps Program, which operates with the Navy’s under NROTC, has five freshmen this year and that's “an extraordinary leap, considering that last year we had three people in the whole program,” says Marine Corps Lt. Col. Michael Broihier. 

What’s more, UC Berkeley officials say, is that many of the new recruits don’t exactly fit the stereotype of an ROTC student. Sophomore Anna Elzeftawy, for example, sports a stud in her nose. The mechanical engineering major has a goal to reach by joining the military program. 

“I want to fly and eventually be an astronaut,” she said. 

Both university and ROTC officials chalk up the spike in enrollment to the dwindling economy, since the military often helps pay for enlistees’ educations. 

“With the bad economy, families are finding themselves with less money for college,” said Capt. Lee Rosenberg, commanding officer of the NROTC and UC Berkeley’s military affairs program director. 

Another reason is the increase in patriotism since the Sept. 11 terrorist attacks. 

“September 11 was very frightening for people and many of them wanted to do something,” Rosenberg said. 

Some might find it surprising that the military program is so popular at a campus best known for its activism and anti-war protests, but that doesn't bother the ROTC members. 

“It’s not about who's patriotic and who’s not,” said Mike Seltzer, a former AFROTC student who graduated from Cal in May. “I think Berkeley's very patriotic in the original sense of the word... true patriotism is to voice your opinion and question things, not blindly follow your leaders.”