OAKLAND – A 55-year-old woman died after a scuffle in her home, Oakland Police said, and they are investigating the death as a homicide. 

If Charlotte Duda’s death is ruled a homicide, it would be mark the city’s 100th murder of the year, the most slayings since 1995 at a rate that’s dramatically outpaced similarly sized cities across the nation. 

Oakland Police Chief Richard Word said Saturday that the department was treating Duda’s death as a homicide pending the outcome of an autopsy. Police said they arrested Duda’s husband at their home Friday night. 

Authorities found Duda’s body Friday afternoon in the Oakland Hills, an area that typically sees less of the violence that has raged throughout the city’s lower-income neighborhoods to the east and west. 

Duda’s death came just two weeks after voters refused to fund Mayor Jerry Brown’s plan to add 100 officers to patrol the city’s hotspots. Critics called for better schools and more job training. 

Brown held an urgent meeting with city leaders and police Wednesday after the year’s 98th and 99th killings, and pledged to stop “people from running around like it’s the wild west.” 

Brown said it’s necessary to crack down immediately on probationers and parolees by getting more agents from the state to supervise the city’s 3,000 residents on parole. 

About half of the 125 victims and suspects were on probation or parole. Oakland Police spokesman George Phillips says nearly every killing has been drug related. 

State Sen. Don Perata also called for the city to reduce the ratio of parolees assigned to Oakland’s parole agents Saturday in a letter to Gov. Gray Davis, Brown, Word and others. 

Plans to stop the carnage include enforcing conditions of release more strictly, focusing on keeping parolees and probationers from associating with other ex-felons. 

City agencies and police also plan to team up to go after owners of properties known for criminal activity. If the owners don’t cooperate, the city could evict them and even demolish the buildings. 

From 1986 to 1995, Oakland averaged 138 killings a year. Then, the booming economy helped reduce crime. The city had 85 homicides last year, its fourth-lowest total in 30 years. 

But in other cities of Oakland’s size, about 406,000 people, the numbers were much lower – 39 murders last year in Sacramento, 25 in Omaha, Neb., and just 17 in Mesa, Ariz.

Last week, there were rumors several Arizona players would boycott Saturday’s game against Cal after a near-mutiny against head coach John Mackovic. But in the end, it was the Cal secondary that didn’t show up to play. 

Arizona quarterback Jason Johnson threw for a school-record 492 yards as his team overcame a complete absence of a running game to get its first Pac-10 win of the season, 52-41, over the Bears. Johnson’s favorite target, wide receiver Bobby Wade, had 11 catches for a career-high 222 yards, while wideout Andrae Thurman had nine receptions for 151 yards as they tore into the Cal defensive backs for huge gains. 

The Wildcats (4-7 overall, 1-6 Pac-10) won despite running for negative yards in the game. They had run for just 48 yards in their first six conference games, but no other opponent allowed them the kind of freedom in the passing game the Bears did. 

“I don’t think [Arizona] played any better; we just didn’t show up,” Cal cornerback James Bethea said. “We had great practices all week, but when it came to gametime, we just didn’t do anything.” 

Saturday’s game was filled with miscues by both teams. Each fumbled the ball four times, with Johnson throwing one interception and Cal quarterback Kyle Boller gave out two, both by Arizona linebacker Ray Wells. Both teams scored a touchdown off of a blocked kick, and Cal (6-5, 3-4) committed nine penalties for 85 yards. Cal’s LeShaun Ward returned a kickoff 94 yards for a score, while Wells returned one of his picks for a touchdown. 

But the biggest gaffe of the day belonged to Cal linebacker Calvin Hosey. He earned a reprieve when a third-quarter kickoff hit him in the foot, as teammate Kristian Eriksen recovered the loose ball. But incredibly, a fourth-quarter kickoff hit Hosey in the foot again, this time bouncing right back into the arms of Arizona kicker Ryan Slack.  

With the Wildcats having just scored a touchdown to go ahead 38-34, they used the stroke of luck to get into the end zone again quickly, a fade pass to Wade over Cal cornerback Jemeel Powell that made the score 45-34 with less than nine minutes remaining. Arizona scored their third touchdown of the quarter four minutes later when Beau Carr ran four yards untouched to seal an unexpected win. 

The Bears may end up as Arizona’s only Pac-10 victim for the second consecutive season, and never has a team come into Memorial Stadium with so many issues. Nearly half of the Wildcat players met with the university president last week to voice concerns over Mackovic, then reports indicated nearly a third of the team was considering refusing to travel to Saturday’s game. But while Mackovic’s team seemed energized during the game, the Bears were flat from the first whistle to the last. 

“All week long we discussed how they weren’t our issues, they were their issues,” Cal head coach Jeff Tedford said. “But I don’t know how much of that sinks in when everything’s going on.” 

The loss puts Tedford’s team in the uncomfortable position of having to beat archrival Stanford for a winning record, which would be Cal’s first since 1993. Stanford has won the last seven Big Games, and none of the current Cal players or coaches knows the feeling of taking home the Axe. 

“I get to run out of that tunnel one more time with my teammates, my buddies, my boys,” Boller said. “This will be the biggest game we’ve ever played. It should be exciting, that’s for sure.”

To the Editor: 

The Berkeley Rent Board “progressives” should be disbanded, fined and jailed for their illegal and immoral harassment of Berkeley landlords. Recently, they came up with another brilliant idea: a zero rent increase for 2003. In their infinite wisdom they believe that it costs absolutely nothing to maintain a rental property. It costs absolutely nothing to paint, pay property taxes, water, garbage, and something closely related: The fees for the rent board itself. 

Also closely related, we have progressive Councilmember Kriss Worthington who chimes in: “This represents a fair return on investment.” This shows a solid understanding of economics that explains why, under progressive leadership, Berkeley is suffering such horrendous budget deficits and the scrapping of school programs, school closures, potholes and crime. 

The Daily Planet reported two different salary disputes (Daily Planet, Oct. 28). The first was by UC lecturers and the second was by city of Berkeley firefighters. The UC lecturers were demanding wage increases of more than 23 percent while the firefighters were approved by the Berkeley City Council for a 7.6 percent increase this year, a 5 percent increase next year, and 6 percent more the following year. So, let me see: If you work directly for the city you deserve a 7.6 percent wage increase while if you work for yourself as an apartment provider you deserve zero. Now that’s what I call progressive. 

Saul Grabia 

Berkeley

Monday, Nov. 18 

Community Meeting 

6 to 8 p.m. 

Berkeley Alternative High School, 2107 Martin Luther King Jr. Way 

Led by the Superintendent, this discussion aims to serve as a collaboration towards establishing a long-term planning process 

R.S.V.P. to Queen Graham  

644-87649 

Women and Welfare Reform: Who Benefits and Who Loses? 

5 to 6:30 p.m. 

Women’s Faculty Club Lounge, UCB 

Lecture featuring Mimi Abramowitz of CUNY’s Hunter College 

Struggles for Racial Justice in Education 

4:30 to 6:30 p.m. 

Oakland Technical High School Library, 45th and Broadway, Oakland 

The Peace and Justice Caucus of the Oakland Education Association sponsors this event, which addresses race, youth, and education through a variety of community speakers 

654-8613 or jzern1@yahoo.com 

Tuesday, Nov. 19 

Consensus Unit: State Community College Study 

10:30 a.m. 

Berkeley Public Library, Central Branch 

Community Room 

Shattuck Ave. and Kittredge 

Sponsored by the Berkeley League of Women Voters 

549-9719 

History and Planting of Golden Gate Park 

1 p.m. business meeting, 2 p.m. program 

Epworth United Methodist Church, 1953 Hopkins St. 

The Berkeley Garden Club presents Ernest Ng, volunteer city guide, who will speak about the history and planting of San Francisco’s historic park 

524-4374 

Tuesday Tilden Walkers 

9:30 a.m. 

Meet at Little Farm parking lot, Tilden Regional Park 

Join seniors and other slower walkers and enjoy the beauty of Tilden Park 

Contact Yvette Hoffner at 215-7672 or teachme88@yahoo.com 

Promoting a Healthy Urban Community in Albany, Community Meeting & Workshop 

7 p.m. 

Ocean View School at Jackson and Buchanan Streets, Albany 

UC Berkeley plans to develop th Gill Tract of agricultural land and community garden and open space in Albany.  

www.gilltract.com 

Berkeley Intelligent Conversation 

7 to 9 p.m. 

Berkeley-Richmond Jewish Community Center, 1414 Walnut St.  

Join the bimonthly discussion group informally led by former UC Berkeley extension lecturer, investment advisor and financial planner Robert Berend. Open to all. Please bring light snacks or drinks to share. This session’s topic: To be determined by those present 

527-5332 

Free 

Wednesday, Nov. 20 

Mental Health Commission 

6:30 p.m. 

2640 Martin Luther King Jr. Way, Auditorium 

981-5270 

“Deep Healing Sleep” 

6:30 to 7:30 p/m/ 

Pharmaca, 1744 Solano Ave. 

Stress management expert, author, and Oregonian Nancy Hopps leads this integrative session 

527-8929 

Free 

Berkeley Gray Panthers General Meeting 

1:30 p.m. 

North Berkeley Senior Center, 1901 Hearst Ave. at MLK 

Covering the Nuts and Bolts of Senior Health and Safety, with guest speakers 

548-9696 

Thursday, Nov. 21 

Workshop for Homeowners 

6 to 8 p.m. 

Learn how to lower your utility bills and use building materials that are healthier for your family and the environment at a free green building workshop 

Free 

Simplicity Forum 

7 to 8:30 p.m. 

Claremont Branch Library, 2940 Benvenue Ave. 

Kerrie Hein explores spirituality, life purpose, and simplicity in this discussion session. Open to all 

549-3509 or www.simpleliving.net 

Free 

Art Sale 

6 to 9 p.m. 

Unitarian Church of Berkeley, 1 Lawson Rd., Kensington 

Jewelry, paintings, and pottery 

525-0302 

“Green Building and Remodeling” 

6 to 8 p.m. 

Building Education Center, 812 Page St. 

Special fall seminar with architect Greg Van Mechelen and the Alameda County Waste Management Authority and Recycling Board 

525-7610 

Free 

Friday, Nov. 22 

Champaign Reception and Sale 

7 to 10 p.m. 

Unitarian Church of Berkeley, 1 Lawson Rd., Kensington 

Jewelry, paintings, and pottery 

525-0302 

Monday, Nov. 18 

“Renegade Sideman” w/ Calvin Keyes 

8 p.m. 

Anna’s Jazz Bistro, 1801 University Ave. 

$4 

Jazz, Blues and Popular Music in American Culture 

6:30 p.m. 

Ashkenaz, 1317 San Pablo Ave., Front Studio 

Vista College Class with instructor/R&B legend Johnny Otis 

981-2800 

Tuesday, Nov. 19 

Leni Stern 

7:30 p.m. doors, 8 p.m. show 

Freight & Salvage, 1111 Addison St 

visionary guitarist, composer and singer 

548-1761, www.freightandsalvage.org 

The Dave Haskell Group 

8 p.m. 

Anna’s Jazz Bistro, 1801 University Ave. 

$4 

Wednesday, Nov. 20 

Sauce Piquante 

7:30 p.m. doors, 8 p.m. dance lesson w/ Cheryl McBride, 8:30 p.m. show 

Ashkenaz, 1317 San Pablo Ave. 

Cajun Band sauce Piquante plays Louisana French dance music - waltzes, two-steps, and occasional shuffle. 

525-5054 

$8 

Cyrill Pahinui & Patrick Landeza 

7:30 p.m. doors, 8 p.m. show 

Freight & Salvage, 1111 Addison St 

Hawaiian vocal & slack key guitar masters 

548-1761, www.freightandsalvage.org 

Thursday, Nov. 21 

Due West 

7:30 p.m. doors, 8 p.m. show 

Freight & Salvage, 1111 Addison St 

contemporary bluegrass & beyond w/ Bill Evans & Jim Nunally 

548-1761, www.freightandsalvage.org 

Classical Jazz Singer Tina Marzell 

8 p.m. 

Anna’s Jazz Bistro, 1801 University Ave. 

$4 

Music of Kabylia with Moh Alileche 

8:30 p.m. doors, 9 p.m. show 

Ashkenaz, 1317 San Pablo Ave. 

Algerian singer and mondol player, Alileche will perform with his band that features Mimi Spencer, Mark Bell, Malik and Saddek Haddadou 

$11 

Edna, The Wontons and primitivo (all tent.) 

8:30 p.m. doors, 9 p.m. show 

Bear’s Lair Brewpub, 2475 Bancroft Way 

$5, 21+ 

Friday, Nov. 22 

Marley’s Ghost 

7:30 p.m. doors, 8 p.m. show 

Freight & Salvage, 1111 Addison St 

the one band music festival 

548-1761, www.freightandsalvage.org 

Great Classic Jazz Singer Buddy Corner 

8 p.m. 

Anna’s Jazz Bistro, 1801 University Ave. 

$5 

Collegium Musician: Italian in England 

8 p.m. 

Trinity Chapel, 2320 Dana St. 

Music by Bassano, Lupo, Ferrabosco 

549-3862 

$8/12 

University Symphony, David Milnes, conductor, Shostakovich, Symphony No. 10, Stravinsky, Rite of Spring 

8 p.m. 

Hertz Hall 

Info: 642-4864, Advance Tickets: 642-9988, http://ls.berkeley.edu/ept/music 

$2 UC students, $6/$8 

Saturday, Nov. 23 

Lavay Smith & Her Red Hot Skillet Lickers 

7:30 p.m. doors, 8 p.m. show 

Freight & Salvage, 1111 Addison St 

traditional jazz vocalist 

548-1761, www.freightandsalvage.org 

Rhonda Benin & “Soulful Strut” 

8 p.m. 

Bluesman Hideo Date 

10 p.m. 

Anna’s Jazz Bistro, 1801 University Ave. 

$5 

Mr. T Experience w/ TBD 

8:30 p.m. doors, 9 p.m. show 

Bear’s Lair Brewpub, 2475 Bancroft Way 

$8, 18+ 

Works in the Works 2002 

7:30 p.m. 

Eighth Street Studio, 2525 Eighth St. at Dwight Way  

Dance Romanesque  

644-1788 

$8 

Sunday, Nov. 24 

Works in the Works 2002 

7:30 p.m. 

Eighth Street Studio, 2525 Eighth St. at Dwight Way  

Dance Romanesque, Broken Buddha Productions  

644-1788 

$8 

“Vio Rio” Brazilian Jazz 

8 p.m. 

Anna’s Jazz Bistro, 1801 University Ave. 

$4 

Matt Clark Quintet 

4:30 p.m. 

Jazzschool, 2087 Addison St 

Reservations: 845-5373, www.jazzschool.com 

$10-$15 

Lowen & Navarro 

7:30 p.m. doors, 8 p.m. show 

Freight & Salvage, 1111 Addison St 

contemporary folk duo, John Cohn opens 

548-1761, www.freightandsalvage.org 

Monday, Nov. 25 

“Renegade Sideman” w/ Calvin Keyes 

8 p.m. 

Anna’s Jazz Bistro, 1801 University Ave. 

$4 

Tuesday, Nov. 26 

“Janbero” tin-pan bee-bop 

8 p.m. 

Anna’s Jazz Bistro, 1801 University Ave. 

$4 

Wednesday, Nov. 27 

Randy Moore Jazz Quartet 

8 p.m. 

Anna’s Jazz Bistro, 1801 University Ave. 

$4 

Friday, Nov. 29 

Classic Jazz w/ Ellen Honert & Jason Martineau 

8 p.m. 

Bluesman Hideo Dare 

10 p.m. 

Anna’s Jazz Bistro, 1801 University Ave. 

$5  

Saturday, Nov. 30 

Classic Jazz Singer Vicki Burns 

8 p.m. 

Donald “Duck” Bailey & “Distones Jazz Sextet” 

Anna’s Jazz Bistro, 1801 University Ave. 

$5 

“Shove Off to Birthday Island” 

Through Nov. 30 

Reception Nov. 2 from 5 to 8 p.m. 

Tue. through Sat., 11 a.m. to 5 p.m.  

Ardency Gallery, 709 Broadway, Oakland 

A collaborative exhibition of Tonya Solley Thornton and Frank Haines including video and sculptural installations. 

836-0831 

Children of the Gulf War Photo Exhibit 

Through Nov. 30 

Mon. through Thurs., 10 a.m. to 9 p.m. 

Fri. through Sat., 10 a.m. to 6 p.m. 

Sun., 1 p.m. to 5 p.m. 

Berkeley Public Library, 2090 Kittredge St. 

Featuring works of Takashi Morizumi 

Information: www.savewarchildren.org 

“Recent Acquisitions” 

Through Dec. 14 

Thurs. through 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. through Sun., noon to 5 p.m. 

Berkeley Art Center 

Live Oak Park, 1275 Walnut St. 

Information: www.berkeleyartcenter.org, 644-6893 

Free 

Peaceable Kingdom 

Through Dec. 22, Weekends, Nov. 30 to 22, Weekdays, Dec 16 to 20 

10 a.m. to 6 p.m. 

The Berkeley Potters Guild, 731 Jones St. & 4th St. 

The Potter Guild celebrates its 31st year with its Annual Holiday Sale. Hot punch and cookies served. 

Free 

The most intense standoff at UC Berkeley’s Memorial football Stadium Saturday was not on the gridiron, but at a nearby grove of trees where eight anti–gay protesters were ultimately laughed off by a contingent of student counter-demonstrators. 

The protesters, who held signs that read “God Hates Fags,” and “Thank God for Sept. 11”, were the sons, daughters and teenage granddaughters of anti-gay crusader Fred Phelps.  

Phelps runs the Topeka, Kan. Westboro Baptist Church, whose members, nearly all of whom are family members, travel the country preaching that gays and anyone who rejects the Phelps’ interpretation of the bible will ultimately burn in hell. 

The Phelps family came to the East Bay this weekend to protest two performances of the “Laramie Project,” a play about a town’s reaction to a gay man’s murder, at Bishop O’Dowd High School in Oakland and Newark Memorial High School near Fremont.  

As is common practice for the family, the Phelpses decided to add a local football game to their protest itinerary. 

“We came to protest the plays, but figured since we were in the area and we knew the Golden Bears football team is a haven for fag propaganda, we’d come here too,” said Timothy Phelps, one of Fred Phelps’ 13 children. 

The two-hour protest, in a heavily-wooded area just south of Memorial Stadium, was peaceful and marked more by the restraint shown by the approximately 80 counter-protesters than by the vitriolic slogans chanted by the Phelpses. 

Berated by chants, such as “hey hey, ho ho, you filthy maggots have to go,” the students remained calm. They flanked the Phelpses on two sides and stood about 40 feet away behind rainbow flags. 

“I’m really proud of the people in our group,” said Shelley Facente, a UC Berkeley graduate student and one of the student organizers. “Some people think the most powerful way to send a message is to sing and chant, but I think we showed that a large group of people standing in solidarity sends a more powerful message.” 

Not every counter-protester adopted the silent method.  

About 20 members of the Spartacus Youth Club, a revolutionary Marxist group, joined the student protest lines and let loose a litany of chants, each one answered by the Phelps family.  

The back and forth exchanges occasionally crossed the line from hateful to borderline comedic. At one point, Timothy Phelps broke out into an operatic tenor and sang a tune he called “God Hates America,” a parody of the well–known patriotic song. 

While students said they did not begrudge Spartacus members their free speech, several chose to move away from the Marxists so as not to be confused with them.  

“We moved when they started yelling. We didn’t want this to be angry or violent protest,” said Danee Pye, a UC Berkeley Junior. 

One person was arrested by Berkeley Police for spray painting one of the Phelpses while they were still in their car, but the actual protest remained peaceful. Police would not release any further information on the arrest. 

“We really can’t ask for anything [more peaceful] that this,” said Lt. Adon Tejada, who commanded about 15 officers at the protest site. 

While the protest seemed tense when it began at 10:30 a.m., it grew less formal as time went by. Towards the end, around 12:30 p.m., several surprised football fans approached the Phelps’ to express their disgust. 

“I’m trying to understand how they could take the Bible and turn it into such a force for hate,” said UC Berkeley Sophomore Jeremy Warms after a brief exchange with the Phelpses on his way to the football game. 

The student protesters also let their guard down as the protest neared its finish. Several students began to totally ignore the Phelpses and laugh and joke among themselves. 

“I think they were so proud of what they were doing, they felt kind of relieved and were able to laugh and be positive,” Facente said. 

She and other organizers had learned of the Phelpses planned protest in September and sent e-mails to gay and lesbian university groups to alert them of the confrontation. 

Billy Curtis, an employee of the university’s Gender and Equity Resource Center, explained that during the organizing meetings students stressed that their purpose would not be to shout down the Phelpses but to be a presence so that the football fans and other passers-by could see that students oppose the Phelps message. 

Timothy Phelps seemed surprised by the students’ tranquil response. At one point he told his niece, “It’s too quiet here.” The two then shouted “Matthew Sheppard is burning in hell,” alluding to the Wyoming man who was murdered in 1998 for being gay. 

The students refused to take the bait. 

“Fred Phelps is losing,” said Patrick Conner, a UC Berkeley junior. “In the end he’s drawing us together and making us stronger.” 

Contact reporter at  

matt@berkeleydailyplanet.net

STANFORD – Last week, Stanford midfielder Marcie Ward said that Sunday’s NCAA tournament match with Cal would “be more exciting than the football [Big] game.” She was probably right. 

The 13th-ranked Golden Bears women’s soccer team hung around for 93 minutes against the No. 1 Cardinal at the latter’s Maloney Field. But a sudden death goal by Stanford midfielder Ally Marquand in the 95th minute put an end to Cal’s season. Cal lost, 1-0, to their Pac-10 rival in the second round of the postseason and ends with a 12-8-1 record. Stanford, which improves to 20-1-0, will play Notre Dame in the third round next week. 

Stanford outshot Cal, 20-6, but Cal got a stellar outing from goalkeeper Sani Post, who made a career-high nine saves to keep the Bears alive. 

The match between the long-time rivals also produced 34 fouls – 18 for Stanford and 16 for Cal. 

“It was a great game,” Cal coach Kevin Boyd said. “I don’t think there was a lot of flow of play. I think it was two rivals in the second round of the playoffs that was a good matchup. I think we did a great job taking their game away, not letting them knock the ball around very well.” 

Indeed, despite the shot disparity, Cal disrupted much of what the Cardinal wanted to do. Bears defenders Ashley Valenzuela and Lucy Brining and midfielders Carly Fuller and Kimberly Yokers made life difficult for Stanford’s offense. 

“One of Cal’s strengths is putting a lot of pressure on you,” Marquand said. “We adjusted in the second half.” 

Cal couldn’t continue to live on borrowed time nor defend all of Stanford’s dangerous runs. Stanford midfielder Marquand and Callie Withers spent much of their time making diagonal runs that stretched Cal’s defense to the limit. When Withers wasn’t making those runs or taking a team-high nine shots, she was fouling Yokers, who responded with some physical play of her own in the second half. 

Stanford four-player backline of Natalie Spilger, Alisan Pabon, Lindsey Hunt and Hayley Hunt was impenetrable. The defense, with a big assist from its midfield, also limited the touches by Cal senior forward Laura Schott, who had just one shot, in the 81st minute. 

Cal’s best scoring chance came in the 49th minute, when Tracy Hamm launched a swerving blast from the left side of the Stanford penalty area that just cleared the crossbar and landed on top of the net. 

Stanford had many scoring chances early on. In the 10th minute, Marcia Wallis had a short shot saved off the goal line by Cal defender Amy Willison. Two minutes later, Post saved a Withers shot from 10 yards out. Three minutes after that, a high Marquand cross scooted through Post’s hands and fell in the vicinity of Kelsey Carlson, but Valenzuela cleared the ball away. 

In the 18th minute, Post made a diving save on Ward’s 18-yard blast with Wallis ready for a rebound. But a heady Valenzuela got in the way of Wallis and forced the latter to foul her. 

Cal suffered a big blow in the 68th minute, when Stanford goalkeeper Katie Barnhart punched away a high ball only to follow through and punch Brining in the nose. The redshirt junior, who is Cal’s best defender, left the match for good with a broken and bloody nose. 

The best chance for either team before the goal came in the 82nd minute, when Wallis had a one-on-one chance against Post. Wallis fired to her right past Post, the ball hit the post and rebounded across the goalmouth to the left and out of the penalty area. 

At 94:01, Wallis crossed from the right flank and Ward flicked the ball to the left with her head. The ball arced over Valenzuela and Willis to an unmarked Marquand, who fired into the upper right corner of the net. 

It was the last college game for Schott, who leaves her mark at Cal as the all-time goalscoring leader with 56. 

“Going out in this game, it was a real battle,” she said. “It’s hard to leave losing in the second round, but we lost to No. 1.”

To the Editor: 

Sen. Dianne Feinstein voted with Bush regarding war on Iraq, which is against the wishes of the vast majority of her constituents. Surely she is aware of the U.S. military use of depleted uranium in Iraq during the Gulf War, and of its devastating harm to both Iraqis and our own soldiers who were not informed of the risk or of the necessity of protective gear, despite Pentagon advisors’ pleas. More than a quarter of our Gulf War veterans suffer from a sickness whose symptoms indicate that our own use of depleted uranium is the cause. If she is not aware, I could send her a book on the subject with photographs of victims and interviews. There is also an excellent documentary on the subject and a photo exhibit currently featured in the Bay Area. I would be happy to provide contact information. 

U.S. defense pros, including many Republicans and former UN weapons inspectors, have testified that Iraq does not have weapons of mass destruction or the means of delivering them. We destroyed that capability. By the way, our weekly bombings throughout the past decade have also destroyed their basic infrastructures like water processing, which has resulted in the deaths of over half a million children. Madeleine Albright was wrong. It was not “worth it.” Do we feel safer? Are we safer? Terrorist attacks are now more likely due to our callous disregard for the fates of these children. An apology is in order and would make us much safer than continuing to bomb Iraq. Of course Hussein is horrible. But two wrongs do not make a right.  

Which is the only nation to have used nuclear bombs? How many innocent civilians were instantly killed? 200,000? How many later died of disease caused by radiation exposure? Which is the only nation that attacks with depleted uranium? This defies international law and common decency. Which is the only nation to adopt a strategy of possible pre-emptive nuclear strikes against non-nuclear nations? We are such hypocrites. 

Phoebe Anne 

Berkeley 

OAKLAND – Flags flew quietly at half-mast last week in Alameda County for Oakland homicide victim number 97 – high school student Tamellia Cobbs, who was shot to death in East Oakland last Monday. 

In the following two days, Oakland resident Kerry Thompson, 24, was shot dead, as was resident Alandos Faulkner, 33. Friday, Oakland police began investigating the death of a 55-year-old woman which they say is likely the 100th homicide in Oakland this year. 

The somber homocide statistics outpace last year’s 87 murders and run the risk of surpassing the city’s 1992 high of 165. 

Just as troubling – no one seems to know exactly why the violence is happening. 

The answer appears to be a complex web involving the current economy, the history of Oakland, and the ripple effects of a drug market that still weighs heavily within parts of the city. 

But increases as well as decreases in crime often don’t generate consensus among criminologists as to why violent crime happens, points out Rosann Greenspan, director of the Center for Law and Society. 

“We usually see an increase in crime rates associated with a downturn in the economy. This would be a direction to explore,” Greenspan said. “[But] it is too soon to know if this increase is a trend.”  

The rise in violent crime this year is not only an Oakland phenomenon but one that has crept into other cities with similar populations, hovering at 400,000 or more. 

An FBI report released earlier this month showed that after a few years of lower homicide rates across the country in the late 1990s, murders rose by 2.5 percent nationally in 2001 and by 9 percent in cities the same size as Oakland. 

Oakland City Councilmember Nancy Nadel, who represents the struggling West Oakland district where police say 20 percent of this year’s homicides have occurred, sees the problem as a trickle effect that stems from a larger economic problem. 

“Business in the underground economy is dangerous. The federal government has cut government subsidies by 80 percent over the past 20 years,” she said. “Most of Oakland’s flatlands are made up of... people at or below the federal poverty level, which is $17,000 for a four person household. People can’t live on that.”  

In West Oakland alone, 60 percent of residents earn less than $25,000 a year and 40 percent report no working members in the household, four times the Bay Area average. 

Larger than West Oakland and not much better off economically, East Oakland has been the site of 50 percent of this year’s homicides, according to police. 

But the question remains about why the high level of crime in Oakland neighborhoods. Neighboring San Francisco, for example, with a population twice that of Oakland, has only had slightly more than 50 murders this year.  

Sgt. George Phillips, who has been with the Oakland Police Department for 17 years, thinks the crime rate in Oakland is tied to the history of crime in the city, particularly around drugs. 

“When you go back and look at the early drug trade in Oakland, Felix Mitchell revolutionized the drug market. He was an entrepreneur. He would take over apartment buildings, package and distribute drugs,” Phillips said. 

He explained that Mitchell’s legacy has left an indelible mark in the drug feuds that exist today. 

“Parolees are peer-pressured and enticed into the same lifestyle,” he said. “You get some that try, really try, but the seduction of drug sales – it’s a very lucrative business.”  

Community organizations, which have joined in the effort to address this year’s surprising death rate, also see a link between the present and past. 

“Homicides aren’t new, they’re part of Oakland’s history and they’re not going to stop until neighborhoods start working with other neighborhoods,” said Don Marx, executive director of the Kids are Street Safe Campaign.  

“We had high expectations with the police department and [Mayor] Jerry Brown, but those expectations have not been met. A case in point is the addition of Oakland cops – you can’t depend on your personality to pass an initiative, you have to walk the streets and convince people,” he said. 

Measure FF, which sought to add 100 more cops to the OPD, passed, but the tax measure to fund the addition failed. 

Marx participates in the Bret Hart Middle School After-school Academy, which serves 250 kids. “You need programs like this, and you need family and community as a foundation,” said the Oakland resident. “But until people are willing to get involved, we’re going to be in the same rut we are in now.”  

Oakland Mayor Jerry Brown met with the Chief of Police and several other officers last week to talk about shifting the department’s handling of the recent spate of homicides. 

“We talked about strategies, about things that we haven’t tried and things that have worked in the past,” said Sgt. Phillips. Among some of the immediate goals for the OPD, he said, are increasing the presence of the Crime Response Teams, which deal specifically with homicide cases and increasing services for parolees who often return to the streets after being released. 

“Most of the homicides connected to the suspect or victim were on probation or parole, so that’s the audience we’re dealing with,” he said. “What we’re finding out is that a common denominator is probation and parole. Another is if the individual is somehow involved with the sale of narcotics.”  

According to Phillips, Oakland has approximately 3,000 parolees and 7,000 people on probation. Phillips said the same demographic group was tied to the bulk of last year’s homicides as this year’s. 

This year, 80 percent of the homicide victims have been African American and two thirds of them are under age 35, according to police. Half of the city’s murder victims have criminal records with five or more felonies. 

The perpetrators of this year’s murders, police say, are also mostly convicted felons – about 80 percent. Of course, that number is hard to read as 70 percent of the murder cases this year remain unsolved. 

“The reason we’re seeing a spike is because we’re seeing several different internal feuds between groups that are selling drugs,” said Phillips. “We know this through intelligence and informants, but the difficulty is that we can’t convict someone because the people who have given you information won’t testify in front of a jury.”  

The history of the city’s police department also plays into crime equation. 

Within the last year the city has also been shrouded in the controversy garnered by the Oakland Riders – the group of police officers that allegedly led violent runs through the city’s poorer neighborhoods, beating innocent people or planting drugs on them. The case has generated a climate of wariness and mistrust among the community – further complicating the situation. 

As the St. Mary’s High Panthers took their two final timeouts of the regular season on Saturday with five seconds remaining in a tied game, they could only hope that Piedmont kicker Evan Lindenmayer would stay true to form. The junior kicker had not made a field goal all season, and had been inconsistent in his attempts to convert extra points. 

Unfortunately for the Panthers, Lindenmayer chose the last game of the season to prove the old adage that practice pays off.  

Lindenmayer hit the game-winning field goal, giving the Highlanders a 10-7 lead and the precious victory. The Highlanders stormed the field moments later, starting an extended celebration with Lindenmayer at its center.  

The last-minute loss left St. Mary’s with a losing record (4-5-1 overall, 2-3 BSAL). The team ended the season poorly, losing its last three games, but still received a berth in the North Coast Section 2A East Bay playoffs. St. Mary’s got the eighth and final spot in a hotly contested battle with De Anza High, which finished 5-5. St. Mary’s won the head-to-head battle on Sept. 27, 29-18, and that was the deciding factor for the selection committee. 

“I felt that with everything else being pretty equal, it should come down to who won on the field. That’s where things should be settled whenever possible,” St. Mary’s head coach Jay Lawson said. “If [De Anza] had beaten us, we wouldn’t even have shown up at the meeting.” 

St. Mary’s will head to Orinda to take on top seed Miramonte High on Friday at 7 p.m. 

Saturday’s win secured a playoff spot for the Highlanders (7-3, 4-1), who won their last four games and were second in the BSAL behind an undefeated John Swett.  

Late in the fourth quarter Panthers junior defensive back Lavonte Kirven intercepted a pass from Piedmont quaterback Brian Trowbridge at the St. Mary’s 21-yard line, giving the Panthers a chance to take the lead. However, with 1:37 remaining St. Mary’s quarterback Scott Tully fumbled a snap and Piedmont tackle Andrew Sowell recovered the ball at the St. Mary’s 38.  

The Highlanders then drove to the St. Mary’s 7 before Piedmont running back Mark Jones fumbled, with the Highlanders recovering on the 11. Trowbridge recovered to spike the ball to stop the clock with five seconds remaining, setting up Lindenmayer’s winning kick.  

The Panthers used their two remaining timeouts in an attempt to make Lindenmayer overthink the play, but the effort proved futile. Lindenmayer’s 28-yard kick went directly through the uprights, landing far behind the goalposts. 

“The delay didn’t bother me,” said Lindenmayer, “I make them all the time in practice, and I went out there and did it the same way.”  

Despite the game’s playoff implications, the Panthers looked flat throughout the contest and failed to take advantage of Piedmont’s many mistakes. The Highlanders turned the ball over three times in the first half, twice on fumbles and once on an interception, but the Panthers could not convert the turnovers into scores. The half ended in a scoreless tie, with neither team getting close to the goal line. 

The Highlanders got on the board first in the second half, after senior Pat Castles intercepted a pass from St. Mary’s quarterback Scott Tully at the St. Mary’s 26. Three plays later, Castles ran the ball 14 yards for a touchdown and Piedmont took a 7-0 lead with 2:11 remaining in the third quarter. The intercepted pass was Tully’s first play of the game.  

St. Mary’s answered on the next possession, driving 46 yards on seven plays, including an 18-yard run by junior running back Fred Hives, who had 16 carries for 127 yards in the game. St. Mary’s scored with 10:44 remaining when quarterback Steve Murphy completed a 10-yard touchdown pass to Ryan Coogler on fourth-and-seven. Senior kicker Brendan Slevin made the point-after to tie the game.  

“This was an emotional game for us, a hard fought game,” said Lawson. “We just let Piedmont have the ball too many times, and didn’t take advantages of mistakes.”

To the Editor: 

I am responding John Dyra’s letter (Forum, Nov. 13) headed “Healthy Hydrogen.” There were a number of factual errors as well as omissions which I would like to address. 

Most hydrogen used commercially is produced by the reformation of methane derived from natural gas, with the by-product of the greenhouse gas Carbon Dioxide. Electrolysis is relegated to a niche market, and is generally regarded as wildly inefficient. The energy cost of containment and transport from renewable sources, as Dyra desires, adds to the actual energy burden. To be fair, Stuart Energy, the builder of the AC Transit Hydrogen Fueling Facility, claims over 90 percent efficiency in electrolytic efficiency, but we never believe press releases from energy companies, do we? Anyway, there are far better proven uses for excess electrical generation capacity, such as pumping water uphill to refill reservoirs generating hydro-power. 

Hydrogen has real safety issues, aside from the fear posed by the Hindenburg disaster. Due to the small size of the hydrogen molecule, it tends to infiltrate into surrounding metal, causing an embrittlement and weakening of storage vessels and connecting tubing, requiring energy and materials to replace them. For the same reason, hydrogen is much more prone to leakage, and as it possesses no odorants or colorants, a leak can be difficult to detect. Hydrogen requires enormously heavy containment vessels relative to the amount of energy stored, which, of course, a hydrogen powered vehicle must carry around. Did anyone ask what the range of the AC Transit buses running on hydrogen actually is?  

If the bus must return frequently to be refueled, this could represent an energy loss, and extra wear and tear (which is another, more subtle loss of energy) on these $3 million beasts. 

Hydrogen deserves to be thoroughly studied and evaluated, as it is likely to play a supporting role in future transportation and home energy solutions. Currently, though, the safety and environmental 

issues need to be ironed out before hydrogen is likely to hold more than a niche in the energy picture. The AC transit stunt is an irresponsible boondoggle, foisted on a public who seem to accept anything with the catch phrases ‘environmental,’ ‘renewable,’ or ‘sustainable’. In these days of a budget crisis shame on the Daily Planet for using the euphemism “paid for by the state” (Daily Planet, Oct. 30) instead of the more accurate “paid for by the taxpayers of California.” Does the Daily Planet uncritically accept press releases that promote popular Berkeley agendas? It would be nice to see some objective journalism, for a change. 

Jim Mellander 

El Sobrante

Lynne Stewart’s attorney tells Stewart she’s a client from hell. 

Stewart, 63, doesn’t disagree. An attorney herself, she knows that speaking out about her own case counters the advice she would give most people she defends – but public opinion may make all the difference in her case, she says. In April, the government charged Stewart with conspiring with a client to help a terrorist organization.  

It’s not only the accusation that moved Stewart to speak publicly about her case. Even more critical, she says, is that the government used wiretaps to collect evidence of the alleged crime, a violation of attorney-client confidentiality, protected by the Sixth Amendment. 

“All the telephone conversations were listened to and the attorney-client room was bugged,” Stewart said Saturday, speaking at the National Conference on Civil Liberties and Democratic Rights and the case of Mumia Abu-Jamal on the UC Berkeley campus.  

Charges against the New York-based attorney stem from her role as lead counsel representing Sheikh Omar Abdel Rahman, an exiled Egyptian cleric, now serving a life sentence in connection with a conspiracy to blow up New York City landmarks, including the World Trade Center. 

After the Sheikh’s conviction and exhaustion of appeals, Stewart said she continued to represent her client in matters such as complaints about prison conditions, his will and new information relating to his conviction. She visited him in the federal medical facility in Rochester, Minn. to which he was confined. Rahman has diabetes, a heart condition and is blind.  

Rahman opposes the Egyptian government of President Hosni Mubarak. Stewart calls him the “spiritual leader” of the Egypt-based Gama’a Al Islamiya, which the U.S. government deems a terrorist organization. 

In jail, Rahman’s interaction with the outside world was limited by the imposition of special administrative measures, or SAMs, by the Department of Justice because he was considered a terrorist, Stewart explained. The measures limited Rahman to calls to his wife in Egypt once a month and to his lawyer once a week. Family visits were restricted to immediate family members, but they live in Egypt and have been denied visas, Stewart said. 

Because her client had little communication with the outside world, Stewart said she agreed in May 2000 to write a press release for Rahman relating to the situation in Egypt. This was in violation of the SAMs. 

Two months later the U.S. Attorney’s office called Stewart and castigated her for her part in writing the release. Her visits to Rahman were suspended until she agreed to the imposition of even stricter SAMs. Stewart, who said she believes the restrictions on her client and on her interactions with him were unconstitutional, also found out later that when visits were resumed, wiretaps were put in place under the Foreign Intelligence Surveillance Act. Conversations between Stewart and her client as well as the work of the translator and two paralegals were recorded. The three other individuals have also been charged with aiding a terrorist organization. 

It wasn’t until April 2002 that Stewart was arrested on four counts of aiding and abetting a terrorist organization under the 1996 Antiterrorism Act. The indictment alleges that Stewart committed illegal acts, including writing the press release, in order to help Rahman maintain his influence over the terrorist activities of the Islamic Group. 

Like Stewart, her attorney Michael Tigar, a Boalt Law School graduate, often defends controversial clients. Stewart says Tiger said of the case against her, “I just can’t find a crime.” 

Free on $500,000 bail, Stewart faces a 40-year jail sentence. Her trial has been set for October 2003. 

Her fate, Stewart argues, could have a chilling effect on attorneys. 

“Lawyers will shy away (from representing) so-called terrorists,” she said. “There will be nobody to call.” 

The Berkeley High football team was given the No. 5 seed in the North Coast Section 4A playoffs on Sunday. The Yellowjackets will face No. 4 Hayward on Saturday at 7 p.m. In an unusual twist, Berkeley will get a home game despite being the lower seed, thanks to its status as a league champion. Hayward came in second in the HAAL this season. 

Berkeley was expected to be the sixth seed, but some unusual strategy by James Logan High head coach Neil Fromson led to the Mustangs dropping to No. 6 instead. Fromson, apparently fearing a second-round matchup with top-seeded De La Salle, emphasized his team’s two losses to the selection committee, which was impressed by Berkeley’s undefeated season. 

“The committee saw our record and gave it value,” Berkeley head coach Matt Bissell said. “We’re excited for the challenge.” 

Berkeley High could be without running backs Antoine Cokes and Aaron Boatwright on Saturday. Bissell termed both as “game-time decisions.”

A Berkeley police officer shot an armed suspect Friday in a botched robbery of a south Berkeley hair salon. 

Police said they had received advance notice about the planned robbery and dispatched more than ten officers to wait in advance at Cramer’s Style House at 1881 Alcatraz Ave. At 9:10 p.m. the expected suspect and one accomplice arrived at the shop and quarreled with police. 

A patrol supervisor said the officer shot one suspect in self defense after the suspect tried to struggle. The suspect was transferred to Highland Hospital, where he was scheduled to undergo surgery. Police would not release where the suspect was shot, the type of weapon he brandished or the extent of his injuries, but confirmed that he is still alive.  

The second suspect attempted to flee, but was caught a short distance from the scene and is in police custody. 

Police have not released the identities of the two suspects, but said neither was a Berkeley resident. 

-Compiled from staff and wire reports

SAN FRANCISCO – Sen. Dianne Feinstein says she wants a congressional hearing to find out whether the FBI used unlawful methods of obtaining information from the UC Berkeley five decades ago, a newspaper reported Sunday. 

Feinstein said she asked the bureau to respond to activities it allegedly used on campus during the 1950s and ’60s following a June 9 article by the San Francisco Chronicle. Feinstein has said the article pointed to “significant misuses of FBI power.” 

She said the FBI failed to respond adequately to her inquiries in a five-page letter she received last week. 

“I found the response frankly disappointing in its inadequacy,” Feinstein told the Chronicle. 

Feinstein is a ranking member of the U.S. Judiciary Committee, which oversees the FBI. Her inquiry drew support from Congress and on campus. 

A spokesman for FBI Director Robert Mueller reached late Sunday declined to comment. 

Following a 17-year legal fight involving numberous Freedom of Information Act requests, the Chronicle reported the bureau, among other things, worked to have then-UC President Clark Kerr fired, worked in cooperation with the CIA to pressure the Board of Regents to get rid of liberal faculty members and gave then-Gov. Ronald Reagan’s administration information that could be used against campus protesters. 

The letter Feinstein received did not address whether the FBI worked to remove Kerr, but it said he had been investigated five times only after the White House requested it when he was being considered for a federal job or to receive access to classified information. 

Kerr was fired in 1967 and has told the Chronicle he was surprised to learn about the FBI’s alleged involvement.

OAKLAND – Students in kindergarten through 12th grade will learn about the proposed war in Iraq at 1960s-style “teach-ins,” the school board decided Wednesday night. 

School board member Dan Siegel proposed the resolution encouraging schools to set aside time to teach about the planned conflict with Iraq. Siegel led anti-Vietnam War protests as student body president at the UC Berkeley in 1969. 

Some members disagreed expressing concern about exposing children below fourth grade to atrocities of war. 

But fifth-graders from Sequoia Elementary School spoke in favor of the teach-in during the meeting and read letters they had written to Bush opposing an Iraq war. Their teacher, Betty Olson-Jones, said the students came up with the idea on their own. 

“When you go to war, you are setting a bad example for all the kids in the U.S.A.,” one letter stated. “Wars and fights are not right, and bombing beautiful things is not right either.” 

The students invited Bush to come to a weekly class at Sequoia that teaches youngsters how to resolve problems without fighting 

The teach-ins will be voluntary and open to parents.

SAN FRANCISCO – More than 7,500 of the state’s public school buildings may be vulnerable to collapse in a major earthquake, a new study has found. 

The report, which was released by state officials Friday, estimated it could cost the state $4.7 billion to retrofit all the buildings. State officials urged caution, saying it is not known how many buildings actually pose a threat and require seismic upgrades. 

“It forms the foundation for further investigations, onsite visits and strategies for mitigation,” said State Architect Stephan Castellanos, who released the report. “We want to be clear that children are safe in most schools, but to ensure a high level of safety, some may need another look.” 

The report, which did not include data on individual districts or schools, found the majority of the state’s 60,000 school buildings are seismically sound, but 1,229 could have problems because they sit near an active fault. 

The quake-safety report was based on a review of architectural plans for school construction before July 1, 1978, when modern seismic regulations for public schools took effect. 

The report recommends the state immediately evaluate the most vulnerable buildings — those within 1.2 miles of an active fault. The state will need an estimated $873 million to bring those schools up to modern seismic standards.

OAKLAND – Bay Area Rapid Transit has undergone a public art renaissance, commissioning several pieces for its stations and greenways. 

There are steel cows in Berkeley, colorful tile mosaics at 16th Street in San Francisco, and a giant shimmering sculpture at San Francisco International Airport, among others. 

The Art in BART projects are at MacArthur, West Oakland and 12th Street in Oakland; the Ohlone Greenway beneath the elevated tracks in Berkeley; and three projects at Embarcadero and 16th Street in San Francisco. A traveling exhibition commemorating the Americans with Disabilities Act will eventually become a permanent installation at the Ashby station. 

There are also four artworks at SFO. They include artist Ned Kahn’s 6-foot-tall circular stainless steel piece made of 1-inch square disks attached to pins. The disks rotate when hit by a breeze, and so the whole sculpture shimmers every time trains enter and leave the station. 

The pieces in the SFO extension stations were funded with $1. 5 million from the federal government and other sources. 

BART’s initial interest in the art world came in the late 1960s and early ’70s, when the stations opened. BART organized a panel of art professionals to commission pieces for almost all the original stations. 

The program was revived in the late ’90s thanks to the economic boom of the region. The board put $250,000 into the project over two years and teamed up with other local agencies.

SAN FRANCISCO – A fourth suspect has been arrested in the beating and strangling of a Newark transgender youth killed at a party last month after it was discovered the teen was male instead of female, police announced Sunday. 

Jason Cazares, 22, of Fremont, was arrested on suspicion of murder Saturday after police gathered enough evidence to obtain an arrest warrant for his alleged role in the October killing of Eddie “Gwen” Araujo, said Newark Police Lt. Tom Milner. 

Cazares was being held at the Santa Rita Jail without bail, Milner said. 

“The trail seems to be hot and we’re continuing forward,” Milner said of the investigation. He declined comment on what role Cazares allegedly played in the slaying. 

Last month, another suspect led authorities to a shallow grave 150 miles east of San Francisco in the Sierra foothills two weeks after the Oct. 3 party from which Araujo disappeared. The 17-year-old was found buried — wrists and ankles bound — in the miniskirt the victim was last seen wearing while going by the name “Lida.”

OSEVILLE – A split decision by the U.S. Supreme Court is fueling a hot new trend on school campuses — but one not particularly popular with students. 

The justices ruled in June that school districts can require drug tests for students who drive to school or engage in competitive after-school activities, not just for student athletes as had been permitted under a 1995 ruling. 

Since then, drug-testing companies have been heavily promoting their services to school officials. 

“I’ve been calling district superintendents ever since the ruling came out,” said Jeffrey Ellins, president of Datco Services Corp., a drug-testing company in Grass Valley. 

Roseville Joint Union High School District, for one, is considering using Ellins’ testing service and bringing in drug-sniffing dogs, though there has been no significant increase in student drug use. 

“This just seemed like the most contemporary issue that we haven’t specifically addressed,” student affairs director Larry Brubaker told The Sacramento Bee. 

It would cost the district $5,000 a month for drug testing and $16,000 to $18,000 annually for regular dog visits, Brubaker estimated. 

Laura Pinnick of Auburn has been promoting the services of her drug-sniffing dog, Ringo, to districts including Roseville since she opened her Interquest Canine Detection franchise in April. The corporation contracts with 1,300 school districts across the country, Pinnick said, including 300 in California. 

“The main goal (has been) starting to call on the big school districts in the area because it takes forever for them approve this kind of thing,” Pinnick said. 

Graham Boyd, director of the American Civil Liberties Union’s drug litigation project, objected to schools requiring drug tests just because it’s now legal and available. 

“This is not like buying pencils or notebooks,” Boyd said. “It is about taking care of your students. And it is a serious privacy invasion for the students to give their urine.” 

He represented Lindsay Earls, who lost a 5-4 Supreme Court decision after she challenged her Oklahoma school’s requirement that she take a urine test to sing in the school choir. 

About 5 percent of schools had been testing athletes based on the 1995 decision, but this summer’s decision has prompted a major marketing drive. Boyd said one Florida company is offering school districts a free trial of its services. 

“Where you find the most drug testing is usually in communities where there’s the least drug use,” he contended. “The decision to test is more about politics and less about helping kids.” 

Karen Wehr, a Roseville parent and football boosters club president, said it should be up to teachers and coaches, not urine tests, to steer students away from drugs. 

“I know these kids and, for some of them, the only good thing they have in their life is being on the football team,” she said. 

That’s the point, said Datco’s Ellins: Students are likely to avoid drugs if it will prevent them from participating in extracurricular activities.

SAN FRANCISCO – They’ve trained for the past 19 months, scouring legal documents, calculating data, hunting for the best witnesses. Most have logged more hours at work than at home during the last few weeks. 

On Monday, teams of lawyers and consultants representing Pacific Gas and Electric Co. and state power regulators head back into federal bankruptcy court to start a grueling, weeks-long process to argue in favor of their plans which will determine the future of California’s largest utility. 

Aside from record electric rate hikes that appear likely to remain in place for months to come, things haven’t changed much for the average customer since PG&E filed for Chapter 11 bankruptcy protection in April 2001. The dishwasher hums. The blue trucks still show up when big trees tackle power lines. The bills still come in the mail. 

Behind the scenes, PG&E is feeling pressure from all sides. Its parent corporation said last week it will lose $20 million per quarter if the utility remains stuck in bankruptcy beyond the end of May. Federal judges can’t agree whether the utility’s post-bankruptcy plans are legal. PG&E had to spend more than $2 million to fight a public takeover in San Francisco, its hometown. Major creditors, including some of the nation’s largest banks and energy companies, still are owed billions. Depending how PG&E emerges from debt, ratepayers could be on the hook to come up with the cash. 

Everyone involved, from creditors to the Public Utilities Commission, agrees it’s imperative to help PG&E settle its debts and become creditworthy again. California wants to stop being a power buyer or financer and can’t until energy sellers believe PG&E is able to pay its bills. Creditors, of course, want their money sooner rather than later. 

Trouble is, the state and the utility couldn’t agree less on how to make it happen and have threatened to take the matter before the U.S. Supreme Court if it comes to that. 

PG&E brushed aside offers of help from Gov. Gray Davis and state energy regulators just days before it entered bankruptcy court. It entered the court months after the utility warned soaring power costs were pushing it into tens of billions of dollars of debt and asked for higher rates to make up the difference. 

The utility is trying to convince U.S. Bankruptcy Judge Dennis Montali that it would become a more stable entity by weakening its ties to the state. PG&E hopes to transfer billions of dollars worth of transmission lines, pipelines and other assets into new federally regulated companies, then borrow against those assets to pay its debts. 

Analysts say federal regulation would enable the utility to earn more money should energy prices climb again, enhancing the value of those assets. Currently, the state controls how much PG&E can charge for the electricity it churns from its power plants and hydroelectric dams. 

The state and a major committee of PG&E’s creditors, on the other hand, want to force PG&E, its shareholders and its ratepayers to generate money to pay the debts through selling stock and maintaining electricity rates that already are among the most expensive in the nation. 

PG&E’s woes are just one piece of California’s puzzling energy bill, the cost of which increasingly is trickling down to millions of customers of PG&E and two other major utilities as more bills come due. 

The Public Utilities Commission maintains that current rates are high enough to handle paying off tens of billions of dollars worth of bonds, long-term energy contracts and past energy debts. But groups including The Utility Reform Network say Californians never needed to endure some of the nation’s highest electric and natural gas rates, pointing to increasing evidence the state’s power market was gamed for profits. 

The Federal Energy Regulatory Commission released a report last week that indicated employees of Oklahoma-based Williams Cos. and Virginia-based AES Corp. discussed prolonging an outage at one Southern California power plant to take advantage of higher prices the state was paying at the height of the energy crisis. 

The report also showed employees at the two firms cut deals to shut down a second power plant AES operated for Williams. Last month, the former head of Enron Corp.’s Portland, Ore. trading office pleaded guilty to using trading strategies with names like “Death Star” and “Get Shorty” to boost power prices. 

“It demonstrates again that market manipulation was not the rogue act of Enron but an industry-wide practice in which power companies purposefully created energy shortages to gouge California consumers,” said Doug Heller of the Foundation for Taxpayer and Consumer Rights, a Santa Monica-based consumer advocacy group. “How many smoking guns do we need?”

Before taking the field against the University of Arizona Wildcats today the Cal football team, as it does before every home game, spent a night at the exclusive Claremont Resort and Spa discussing strategy and focusing its attention on the game. 

But, if a group of students and labor activists get their way, the team will be taking its business elsewhere next year. 

The Claremont has been locked in a bitter contract dispute with Local 2850 of the Hotel and Restaurant Employees (HERE) union for more than a year. The two sides have argued over wages, health care and the unionization of Claremont's 140 spa workers, including massage therapists, nail technicians, hair dressers and estheticians, who provide facials. 

The Claremont has accused the union of failing to meet regularly and rejecting a contract offer that is a reasonable one in tough economic times. The union has derided the hotel's wage and health care offers as inadequate and accused the Claremont of intimidating union activists, a charge the hotel denies. 

So far, the union has had some success in convincing locals to side with workers in the labor dispute. City Council approved a largely symbolic boycott of the hotel in June and Vice Mayor Maudelle Shirek was among some 50 protesters arrested in a march on the Claremont. 

Union activists say several UC Berkeley departments, including Boalt School of Law, the School of Social Welfare and the chancellor's office, have either pulled out of events at the Claremont or pledged not to hold meetings at the hotel. The Daily Planet could not confirm each department's actions by press time, although the chancellor's office said it has pledged not to hold any events at the Claremont in an attempt to stay out of the labor dispute. 

Now students and the union are focusing their energies on the Cal football team. 

“They're well-known. They're very public,” said Claire Darby, community organizer and boycott coordinator for Local 2850. “To have their support in this community would be tremendous.” 

“Cal athletics need to be a part of the community,” added Mo Kashmiri, vice president of external affairs for the Graduate Assembly, which represents 9,000 graduate students on campus. “I think it could be their biggest victory all year.” 

The students have asked the team to break this year's current contract with the Claremont but recognize that, with only one home game left against arch rival Stanford University, an immediate cancellation is unlikely. 

UC Berkeley, which was unable to provide any details on the cost of its football contract with Claremont, has signaled that it will not break the football pact this year.  

An athletic department statement on the issue noted that the department is “sensitive to workers' rights” but argued that a late-season contract cancellation would be difficult and costly. 

“There would be substantial cancellation penalties that we would incur if we chose to relocate,” the statement read. “And while we are a neutral party in these issues, realistically at this late date, it would be extremely difficult to find another hotel in the general proximity with the number of sleeping and meeting rooms required for a large party such as a college football team.” 

The football team's contract with the Claremont expires at the end of the season. Athletic department spokesperson Bob Rose was noncommittal about what the football team might do next year. 

“Let's see how it plays out,” he said. 

But Rose, who said most big-time football programs sequester themselves in a hotel the day before a game, noted that the Claremont has provided the team with “very competitive rates.” 

Kashmiri, of the Graduate Assembly, said student activists had a productive meeting with Associate Athletic Director Dan Coonan Friday afternoon but got no commitments on next year's contract. 

In the meantime, students planned to hang a large banner across Martin Luther King Jr. Way in time for today's game reading: “Cal Athletics - please support the Claremont workers.” 

The hotel issued a brief statement on the issue. 

“The Claremont Resort & Spa has a long history of providing outstanding service to a number of departments at the University of California at Berkeley, including the athletic department,” the statement read. “We look forward to continuing to provide the athletic department with this fine level of service for many years to come.” 

Contact reporter at scharfenberg@ 

berkeleydailyplanet.net 

Murder and big-time bloody mayhem are what Medea commits when her husband starts fooling around with another woman. Cal Performances opened an ingenious and powerful modern-dress rethinking of the Greek classic Thursday at Zellerbach Playhouse on the UC Berkeley campus. 

The play is a high-end touring production by Ireland’s famed Abbey Theater. Acclaimed in both London and New York, the show first premiered two years ago. 

This “Medea” is about a woman in love with an ambitious and opportunistic husband, who decides to improve his lot by leaving her to marry the daughter of a king. It is also about the misery of womanhood in a world where women have no identity if they are not wives. 

The Abbey is using a rich and accessible modern psychological translation of the play by Kenneth McLeish and Frederic Raphael. Raphael wrote screenplays for the films “Eyes Wide Shut,” Two for the Road” and “Darling.” 

Medea is angry that her husband Jason is divorcing her to marry the king’s daughter. Jason says it’s a good deal, that she shouldn’t take it so seriously. They will still be partners, he claims, and she’ll reap financial and power benefits. 

In the nightmarish 80 nighttime real minutes that the show runs, Medea decides she is fed up. She then throws a spanner in the works by arranging four ghoulish murders. 

Designer Tom Pye’s very effective set suggests the pool patio of an upscale dot-commer’s monster villa evolving in progress. Cinderblocks scattered by the pool and sheet rock piled on flats seem to await construction workers. 

In director Deborah Warner’s intelligent and nerve-wracking production, light from the pool shimmers on the villa’s back wall. A glass-wall around the pool patio emphasizes a stripped-down psychological world.  

As Medea, Fiona Shaw prowls the patio, a beautiful, lanky, powerful, elegant, sophisticated woman in a once-elegant dress, consumed by rage and transformed into a wild beast. At other times she becomes more calm and reasonable.  

When discussing things with the chorus women of her town, Medea’s anger moves back and forth, in and out of a Jekyll-and-Hyde transformation. She turns in a fascinating performance of a modern woman in modern clothing, distilling the issues of the 2500-year-old text. 

Medea’s relationship with husband Jason (Jonathan Cake in stylish dot-commer jeans and white T-shirt) is volatile. They argue viciously, but still obviously have a hot, passionate, sexual relationship. 

Moments of touching and intimacy punctuate the anger. He tries to sell her on the new marriage as a huge business opportunity and get her to go along with it. 

There is excellent work from other members of the cast. Struan Rodger makes an early forceful appearance as the autocratic king in an expensive, chic suit, raging at Medea on the limitations of women. 

Once the bloodletting begins, Derek Hutchinson is a devastated messenger bringing a ghoulish report of two sadistic off-stage deaths by poisoning. Joseph Mydell is powerful nearby king Aegus, pledging rescue of Medea. 

Some of the chorus members and an early tutor (Robin Laing) had thick Irish accents that were difficult to understand. 

In Warner’s direction of Shaw there is a rich undertone of occasional mimicking sitcom posturing that modernizes the story and adds moments of humor. This allows the story to breathe and makes the tragic violence of the outcome feel even more inevitable, hopeless and timeless. 

This is a powerful show about a frightening psychological world in which, as one character observes, “water flows up hill.” Medea is one tough woman. And if you mess up, she knows what to do.

Saturday, Nov. 16 

Latina Leadership Conference 

9 a.m. to 4 p.m. 

UC Berkeley Campus 

Lambda Theta Nu Sorority Inc. will provide non-college bound Latinas information about options in higher education and tackle the high drop out rate of Latina girls  

Free 

Magic School Bus Video Festival 

10:30 a.m. to 1:30 p.m. 

Lawrence Hall of Science, Centennial Drive-above UC Campus, below Grizzly Peak Blvd. 

www.lawrencehallofscience.org 

Puppet Show at the Hall of Health 

1:30 to 2:30 p.m. 

2230 Shattuck Ave, lower level 

Al children adn their parents are invited to see the award-winning puppet troupe, The Kids on the Block 

549-1564 

Suggested donation $2/ children under three free 

The First Ever Integrative Medicine Conference in Berkeley 

10 a.m. to 4 p.m. 

2060 Valley Life Science Building at the UC Berkeley campus 

Interactive day of speakers and workshops exploring alternative, complementary, and integrative medicine as a whole 

For information or reservations see www.ocf.berkeley.edu/~sim/conference 

Sunday, Nov. 17 

17th Annual Jewish Genealogy Workshop 

12:30 to 4 p.m. 

Berkeley-Richmond Jewish Community Center, 1414 Walnut St. 

Lectures and specialty sessions included 

Info at www.jewishgen.org/sfbajgs 

$5 for non-members 

Simplicity Forum 

7 to 8:30 p.m. 

Berkeley Public Library, Claremont Branch, 2940 Benvenue Ave. 

cecile@simplicitycircles.com 

Free 

Tibetan Nyingma Open House 

3 to 5 p.m. 

Tibetan Nyingma Institute, 1815 Highland Place 

Introduction to Tibetan Buddhist Culture 

Free 

Creating Peace 

4 p.m. wine & cheese reception, 5 p.m. welcoming, 5:30 p.m. introduction by Maudelle Shirek, 6:30 p.m. Fran Macy will moderate peace panel discussion 

Berkeley Fellowship of Unitarian Universalists, Cedar at Bonita 

Monday, Nov. 18 

Community Meeting 

6 to 8 p.m. 

Berkeley Alternative High School, 2107 Martin Luther King Jr. Way 

Led by the Superintendent, this discussion aims to serve as a collaboration towards establishing a long-term planning process 

R.S.V.P. to Queen Graham  

644-87649 

Berkeley High School Community Forum 

6 to 8 p.m. 

2701 Martin Luther King Jr. Way 

The purpose of the meeting is to help establish a long-term planning process. 

Women and Welfare Reform: Who Benefits and Who Loses? 

5 to 6:30 p.m. 

Women’s Faculty Club Lounge, UCB 

Lecture featuring Mimi Abramowitz of CUNY’s Hunter College 

Struggles for Racial Justice in Education 

4:30 to 6:30 p.m. 

Oakland Technical High School Library, 45th and Broadway, Oakland 

The Peace and Justice Caucus of the Oakland Education Association sponsors community speakers addressing race, youth, and education  

654-8613 or jzern1@yahoo.com 

Tuesday, Nov. 19 

Concensus Unit: State Community College Study 

10:30 a.m. 

Berkeley Public Library, Central Branch 

Community Room 

Shattuck Ave. and Kittredge 

Sponsored by the Berkeley League of Women Voters 

History and Planting of Golden Gate Park 

1 p.m. business meeting, 2 p.m. program 

Epworth United Methodist Church, 1953 Hopkins St. 

The Berkeley Garden Club presents Ernest Ng, volunteer city guide, who will speak about the history and planting of San Francisco’s historic park 

524-4374 

Tuesday Tilden Walkers 

9:30 a.m. 

Meet at Little Farm parking lot, Tilden Regional Park 

Join seniors and other slower walkers and enjoy the beauty of Tilden Park 

Contact Yvette Hoffner at 215-7672 or teachme88@yahoo.com 

Wednesday, Nov. 20 

Mental Health Commission 

6:30 p.m. 

2640 Martin Luther King Jr. Way, Auditorium 

981-5270 

“Deep Healing Sleep” 

6:30 to 7:30 p/m/ 

Pharmaca, 1744 Solano Ave. 

Stress management expert, author, and Oregonian Nancy Hopps leads this integrative session 

527-8929 

Free 

Berkeley Gray Panthers General Meeting 

1:30 p.m. 

North Berkeley Senior Center, 1901  

Hearst Ave. at MLK 

Covering the Nuts and Bolts of Senior Health and Safety, with guest speakers 

548-9696 

Thursday, Nov. 21 

Workshop for Homeowners 

6 to 8 p.m. 

Learn how to lower your utility bills and use building materials that are healthier for your family and the environment 

Free 

Simplicity Forum 

7 to 8:30 p.m. 

Claremont Branch Library, 2940 Benvenue Ave. 

Kerrie Hein explores spirituality, life purpose, and simplicity. Open to all 

549-3509 or www.simpleliving.net 

Free 

“Green Building and Remodeling” 

6 to 8 p.m. 

Building Education Center, 812 Page St. 

Special fall seminar with architect Greg Van Mechelen and the Alameda County Waste Management Authority and Recylcing Board 

525-7610 

Free 

Saturday, Nov. 16 

An Evening of Choral Music 

7 p.m. 

Pacific School of Religion Chapel, 1798 Scenic Ave. 

A wide variety of choral styles from Bay Area groups  

849-8280 

$15-$20, sliding scale 

Jeff Tauber and Friends 

8 p.m. 

Anna’s Jazz Bistro, 1801 University Ave. 

$5 

Alpha Yaya Diallo 

9 p.m. doors, 9:30 p.m. show 

Ashkenaz, 1317 San Pablo Ave. 

Rooted in West African Dance Music, Diallo’s lilting style brings in an African medling of Cuban, Cape Verdean, Arabic and North American blues and Jazz. 

525-5054 

$12 

Walden Wine Tasting 

7 to 10 p.m. 

Metro Lighting & Crafts, 2121 San Pable Ave. 

4th Annual Benefit for Waden school with premium wines, foods by chef Lawrence Lefebvre, gourmet non-alcoholic beverages, a silent auction, and live jazz by Lulu. 

540-0509 

$35 

Lisa Rafel Concert 

8 p.m. 

St. John’s Presbyterian Church Sanctuary, 2727 College Ave. 

Fusion Music, World Rhythms & Song, Harmonic Chants, Timeless Music 

642-3234 

$15, $10 students 

Alpha Yaya Diallo 

9 p.m. doors, 9:30 p.m. show 

Ashkenaz, 1317 San Pablo Ave. 

Rooted in West African Dance Music, Diallo’s lilting style brings in an African meddling of Cuban, Cape Verdean, Arabic and North American blues and Jazz. 

525-5054 

$12 

Chap on Verge 

8:15 p.m. 

ACME Observatory Contemporary Performance at Tuva Space, 3192 Adeline St. at Martin Luther King Jr. Way 

Chris Cundy, Fyfe Hutchins, and Stephen Flinn will perform 

849-8280 

$0-$20 sliding scale 

Sunday, Nov. 17 

Mingus Amungus 

4:30 p.m. 

Jazzschool, 2087 Addison St. 

This seven-piece band combines be-bop, funk and hip hop jazz. 

845-5373 

$10-$15 

A Night at the Casbah 

6:30 p.m. doors, 7 p.m. show 

Ashkenaz, 1317 San Pablo Ave. 

Alexandria & the Near Eastern Dance Company presents an evening of classical belly dance and authentic folk dance from the Near and Middle East 

525-5054 

$7 

UC Alumni Chorus’ Fall Concert 

7 p.m.  

Hertz Hall, UC Campus 

Featured works include Leonard Bernstein’s “Chichester Psalms,” and Mario Castelnuovo-Tedesco’s “Romancero Gitano” 

643-9645 

$10-$15 sliding scale 

Ellis Paul 

7:30 p.m. doors, 8 p.m. show 

Freight & Salvage, 1111 Addison St 

New England Song Crafter 

548-1761, www.freightandsalvage.org 

The Starry Irish Music Session led by Shay Black 

8 p.m. 

The Starry Plough, 3101 Shattuck Ave. 

21+ 

Tickets available on a sliding scale 

Joanne Rand & Jenny Bird 

8 p.m. 

Rose St. House of Music, 1839 Rose St. 

The Dynamic Duo in Concert 

594-4000x687 

Monday, Nov. 18 

“Renegade Sideman” w/ Calvin Keyes 

8 p.m. 

Anna’s Jazz Bistro, 1801 University Ave. 

$4 

Jazz, Blues and Popular Music in American Culture 

6:30 p.m. 

Ashkenaz, 1317 San Pablo Ave., Front Studio 

Vista College Class with instructor/R&B legend Johnny Otis 

981-2800 

Tuesday, Nov. 19 

Leni Stern 

7:30 p.m. doors, 8 p.m. show 

Freight & Salvage, 1111 Addison St 

visionary guitarist, composer and singer 

548-1761, www.freightandsalvage.org 

Ceramics - Opening Reception 

Through Nov. 17 

3 to 5 p.m. 

A New Leaf Gallery, 1286 Gilman St. 

525-7621 

Free 

“Shove Off to Birthday Island” 

Through Nov. 30 

Reception Nov. 2 from 5 to 8 p.m. 

Tue. through Sat., 11 a.m. to 5 p.m.  

Ardency Gallery, 709 Broadway 

A collaborative exhibition of Tonya Solley Thornton and Frank Haines including video and sculptural installations. 

836-0831 

Children of the Gulf War Photo Exhibit 

Through Nov. 30 

Mon. through Thurs., 10 a.m. to 9 p.m. 

Fri. through Sat.., 10 a.m. to 6 p.m. 

Sun., 1 p.m. to 5 p.m. 

Berkeley Public Library, 2090 Kittredge St. 

Featuring works of Takashi Morizumi 

Information: www.savewarchildren.org 

“Recent Acquisitions” 

Through Dec. 14 

Thurs. through 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. through Sun., noon to 5 p.m. 

Berkeley Art Center 

Live Oak Park, 1275 Walnut St. 

Information: www.berkeleyartcenter.org, 644-6893 

Free 

Peaceable Kingdom 

Through Dec. 22, Weekends, Nov. 30 to 22, Weekdays, Dec 16 to 20 

10 a.m. to 6 p.m. 

Berkeley Potters Guild, 731 Jones St. 

Elephants! 

Through Jan. 12 

Daily, 10 a.m. to 5 p.m. 

Lawrence Hall of Science, Centennial Drive-above UC Campus 

Daily activities, Larger than Life, 10:30, 11:30, a.m., 12:30 p.m., Elephant Tails storytelling, 1:30, 2:30, 3:30 p.m.  

www.lawrencehallofscience.org 

Free - $8 sliding scale 

Works in the Works 2002 

Nov. 16,17, 23, 24 

7:30 p.m. 

Eighth Street Studio, 2525 Eighth St. at Dwight Way  

Nov. 16 - Isadora Duncan Repertory Dancers, Linda Bair Dance Company, University Dance Company/UCSF, Complexions/dance, Nov. 17 - St. Mary College Dance Company, Nov. 23 - Dance Romanesque, Nov. 24 - Dance Romanesque, Broken Buddha Productions  

644-1788 

$8 

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. 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 

Jeffery Mason talks about The Nine Emotional Lives of Cats 

7:30 p.m. 

Cody’s, 2454 Telegraph Ave. 

845-7852

For 47 minutes, Sean Young was a goat. But he needed just 10 seconds to make himself a hero. 

Young returned a punt 50 yards for a touchdown with 40 seconds left in regulation to lead Berkeley High past El Cerrito High, 13-7, preserving the Yellowjackets’ unbeaten season and atoning for two drops of potential touchdown passes earlier in the game. 

With the Alameda-Contra Costa Athletic League title already in the bag, the Jackets came out ice cold against the Gauchos, who came into the game at just 4-5 for the season. Berkeley’s big-play offense was stymied for the entire first half, while a two-play letdown by the defense led to El Cerrito’s only score of the game, a 1-yard touchdown plunge by running back John Norman just before halftime. It was the first time this season Berkeley trailed heading into the locker room, but the Yellowjacket coaches were remarkably calm. 

“We should have shut [El Cerrito] out. It was my fault – I called the wrong defense,” Berkeley defensive coordinator Ronald Moore said. “I just told our guys to keep playing hard.” 

Moore’s defense did just that, allowing the Gauchos just 34 offensive yards in the second half, but the Yellowjacket offense continued to sputter. Young, the team’s fastest player and big-play threat, lost his confidence after dropping a sure touchdown just before El Cerrito’s score and dropped three more passes in the second half, including another potential touchdown in the fourth quarter. The surest sign that his head was spinning was a fair catch call on a punt with no one within 15 yards of him. 

“I’ve never had a game like that before in my life,” he said. “I completely lost my confidence after I dropped that first one, and I didn’t recover until the end.” 

But while Young was out of sorts, fellow senior Robert Hunter-Ford was simply unstoppable. He was a force on defense, making several tackles behind the line of scrimmage, and made the biggest play of the day on the other side of the ball. On a 3rd-and-11 at the Berkeley 42-yard line, Hunter-Ford took a screen pass from quarterback Dessalines Gant and went to work. He cut up the left sideline for first-down yardage, then veered across the field. Wide receiver Roberto McBean threw a nice block in the middle of the field, then tailback Antoine Cokes absolutely demolished the last defender on the play, springing Hunter-Ford for a 58-yard touchdown to tie the game at 7-7. Cokes hit the Gaucho player so hard he aggravated a stinger in his left shoulder and had to sit out the rest of the game. 

“I have to give all the credit to my teammates on that one,” Hunter-Ford said. “I got some great blocks and didn’t have to do anything once I went across the field.” 

Hunter-Ford made another huge play, this time on the defensive side, minutes later. He bulled his way into the backfield and disrupted a pitch to running back Ryan Shaifer, who fumbled the ball. Hunter-Ford recovered on the El Cerrito 31, and when Gant hit Craig Hollis over the middle to the 5-yard line, it looked as if the Yellowjackets would pull out a go-ahead score. 

But disaster struck on the next play. Gant audibled from a run play to a pass, and threw a wounded duck over the middle that El Cerrito linebacker Mario Cox picked off at the goal line for Berkeley’s only turnover of the game. 

“I take all the blame on that one,” Gant said. “I never should have changed the play. It was a bad audible on my part.” 

Berkeley offensive coordinator Clarence Johnson was understandably upset that the inexperienced Gant changed the play-call. 

“I almost came out of the booth and strangled him,” Johnson said with a smile after the game. 

The Gauchos managed to get a first down, but the drive stalled at the 21-yard line with just under a minute left. James Cannon got a good punt off, and Young caught the ball running forward at midfield. He bounced off of a blocker, then sped past a defender to the left sideline, right in front of the Berkeley bench. Young picked up two blockers, then cut back to the middle of the field and outran everyone to the end zone, setting off a wild celebration by his teammates, coaches and the biggest crowd of the year. 

“It was do or die right then,” said a teary-eyed Young after the final whistle. “I knew I needed to make a big play.” 

The Berkeley celebration went sour when senior fullback Aaron Boatwright, already battling an injury to his left knee, dislocated his right knee and fell to the ground in agony. Although he was walking gingerly minutes later, his status, along with Cokes’ for next week’s North Coast Section playoff game is in doubt. 

Berkeley cornerback Robert Young sealed the victory by intercepting Robert Wright’s pass with 23 seconds left, and Gant kneeled down on the final play to run out the clock. The Yellowjackets finished the regular season at 9-0, the school’s first perfect season since 1973, and will likely end up as the sixth seed in the NCS playoffs. The NCS selection committee will announce the seeding Sunday morning. 

“We saw ourselves in this position when the year started,” second-year head coach Matt Bissell said. “Now we’re here, and we’re ready to make some noise in the playoffs.”

To the Editor: 

As we approached the 2002 Election, the pundits commenting on our two parties on many television programs nearly all agreed that the Democrats were in bad shape because they lacked a coherent and convincing program. But Democrats had a program to deal with social security, health care and prescription drug costs, tax relief for the middle class, a viable minimum wage, educational improvements and many other middle class issues that had not been sufficiently addressed by the Republicans. 

However, the Democrats could not generate intelligent discussions about their issues because the principal medium of public information, television, devoted most of its air time to generating greater audiences and incomes with stories of crime and violence. Those were of great interest to a public that was converted into a mass of quivering jelly by the events of 9/11. People suddenly realized and were fearful of the fact that two oceans did not protect them from harm from abroad. The government exploited that fear for its future plans, the organization of a vast anti-terror bureaucracy, which, curiously, did not include the CIA or FBI, but would allow the president to reduce the influence of unions and to curtail citizen’s civil rights; these plans were accepted as long as the government promised to defeat terrorism. 

When the war talk diminished a couple of weeks before the election, the television media found a substitute in constant coverage of a sniper in the Washington area. He managed to take a few lives and terrorize the entire area. However, fatalities from traffic and other accidents were more likely to happen to anyone than a sniper attack. Just before the election, Republican Sen. Frist mentioned on television that the sniper had distracted public attention from consideration of campaign issues. The televison stations got large audiences and incomes from his activities. 

The public was deprived of important campaign information by television networks that preferred cops-and-robbers stories over true political information. If they want to be better informed, Americans should read books, magazines and newspapers beyond the front page, financial news, sports, and the funnies. 

Max Alfert 

Albany

A deal struck to publicly acquire a swath of private Berkeley waterfront property could be a home run for local playing field advocates and environmentalists. 

East Bay Regional Park District officials confirmed this week that they have agreed to purchase roughly 16 acres of paved land just south of Gilman Street from Magna Entertainment Corporation, a Canadian firm which owns Golden Gate Fields racetrack. 

While EBRPD officials refused to divulge the purchase price, believed to be between $5 million and $10 million, or speculate on future uses for the site, city officials hope it will eventually house five athletic fields currently slated for Albany. 

“We’re on the right track,” said Mayor–elect Tom Bates. “I think we’re going to get some great playing fields [here] in Berkeley in the next couple of years.” 

The purchase is seen as the key ingredient to a compromise brokered between environmentalists and playing field advocates, who have fought over space at the planned Eastshore State Park. 

Playing field supporters say a shortage of local facilities has cost hundreds of Berkeley kids the chance to play organized sports. Environmentalists say the current plan to put fields on a stretch of Albany coastline, called the Albany Plateau, would interfere with local wildlife and destroy irreplaceable habitat. 

Last month the two sides agreed to move the fields from Albany to Berkeley if the Magna site could be purchased. 

“This is a very positive development. It will be great for the park and great for the kids,” said Robert Cheasty, president of Citizens for an Eastshore State Park, an environmental group. 

Doug Fielding, president of the Association of Sports Field Users was more cautious about the impending sale, noting that it was still to be determined whether the park district would be amenable to ball fields on its land. 

The pending sale is not expected to yield new playing fields in the immediate future. 

The deal must still be approved by the park district’s board of directors at a meeting next week, said Nancy Wenninger, EBRPD Acquisition Manager. Environmental studies of the land and a mandatory public planning process could keep the land undeveloped for more than a year, she said. 

Bates acknowledged that switching the fields from Albany to Berkeley would take some work, but said he expected that the issues could be resolved. 

“It’s just a matter of working out and slashing through the problems. I think its all solvable and doable,” he said. 

The pending sale is welcome news for playing field advocates who were thrown a curve ball last week by the California Department of Parks and Recreation, which owns the planned Eastshore State Park. 

Previously the state was willing to own sports fields as long as the fields were built and managed by an outside agency. 

At Tuesday’s City Council meeting, council members were worried that the new stipulation could add to the expenses for getting new fields. 

But Roy Stearns, CDPR spokesperson insisted the state park position would actually help facilitate ballfields at the Albany Plateau, if the deal for the Berkeley land falls through. 

Because state parks is prohibited from using bond money to fund exclusively local purposes such as ballfields, Stearns explained that transferring ownership of the land to a consortium of local cities, would allow the cities to collect more state money to build the fields. 

“We’re not abandoning anyone. This is just a better opportunity for the locals to succeed,” he said. 

The purchase leaves the future for a segment of Berkeley’s northern waterfront in flux.  

Magna has planned a hotel and shopping development on part of the site, which has concerned environmentalists who believe that Magna’s land not used by the racetrack should be purchased and incorporated into the park. 

In November Berkeley voters passed a measure allowing city officials to change the zoning at the site to restrict Magna’s ability to build a large development. 

Magna officials refused to comment on sale of the 16–acre parcel or their intentions for the remainder of their property.

“Sacrifice is not a bad thing,” said the opinionated and vociferous Bill Maher on how people should change in response to 9/11. He ardently reiterates this point and many others with vivid pictures and straightforward, thought-invoking prose in his new book “When You Ride Alone, You are Riding with Bin Laden.” Maher’s points are made through the book’s pictures of World War II-style U.S. propaganda posters, as well as 33 new eye-opening posters created to hoist American citizens to action against terrorism. He takes his book on a tour of the United States, which stops in Berkeley next Tuesday. 

“I was looking through this book filled with old U.S. propaganda posters and was struck by not just how beautiful [it was], but [by] the ideas and the spirit behind it,” Maher told the Daily Planet. His picture book, first appearing to have the clarity and simplicity of a child’s book, at a closer glance becomes political. Filled with brilliant one-liners, his words become indelibly plastered to our minds, whether we agree with his pro-American politics or not. 

Maher equates the show that he’s performing on his recent tour to stand-up comedy accompanied by an art exhibit. A lot of his material will be similar to that of his book but, of course, less solemn in tone. “While I’m doing the stand-up, there is a multi-media setup that is projecting the posters seen in the book. It’s going to combine it all. It’s quite an interesting show” he said. 

The 40-something, blunt-voiced pundit was the host of the infamous, witty show, “Politically Incorrect,” where he was the navigator of the discussion between a roundtable of four multifarious guests. Making its debut on Comedy Central in 1993, the show moved to ABC 3 years later and developed a more serious tone. Those who have braved his stage include comedians and rap stars to politicians, activists and journalists. 

“Politically Incorrect” careened to a halt when Maher’s honest opinions about the events of Sept. 11 offended, as Al Franken called, the “easily offended.” (Countering statements made about terrorists, Maher said “we have been the cowards, lobbing cruise missiles from 2000 miles away.”) But Maher kicked up his heels and took off immediately with his next project “When You Ride Alone.” Although he said cancellation of the show was almost like a blessing in disguise, not wanting to be involved with the same thing throughout his entire life, there are some things that he misses about the show. “I liked the fact that every night I get to sit down with four different people, and the people and issues are always changing,” he said. 

Maher was born into a life of news and politics, having a radio news anchor father and participating in the regular family dinner table debates about the latest current events. It was no surprise that Maher is fearless when it comes to being politically voluble in his stand-up and television appearances. “I was much more drawn to politics and world events, subject matter with more meat on its bones.” 

Having authored several politically sardonic books, such as “Does Anybody Have a Problem with That? Politically Incorrect’s Greatest Hits,” Maher makes hilarious, yet unlikely proposals to ameliorate society, like enacting a drunk-driving lane and allocating his “Get Over Yourself Award” to figures like Santa Claus and the O.J. Simpson defense team. Maher, who began his career in the New York comedy club circuit in the 80’s, also had five HBO specials and has often been seen on “Late Night with David Letterman” and the “Tonight Show.” His achievements have won him many awards, such as two Writer’s Guild Awards and the 2002 Los Angeles Press Club President’s Award. For those that miss seeing his comical, witty jokes, he will be starring in an HBO show coming up in February 2003. 

Among the backlash that Maher has received for being outspoken, his critics most often labeled him as “anti-American” after the comment he made on “Politically Incorrect” after 9/11. But his latest book is a telling example of the efforts he is making as an American citizen to incite change for the improvement for a solidified, stronger America.  

Maher says it best at the conclusion of his book: “My favorite movie is ‘Saving Private Ryan’, and at the end of it a dying Tom Hanks tells the saved private, ‘Earn this.’ I try to remember that every day, and put myself in Ryan’s place. We’re all a little intoxicated with just being Americans, but even better would be to earn it. And kill the world with kindness, because it will make us safer, and even v

STANFORD – Cal finally won a postseason game in women’s soccer, and Laura Schott finally got her record. 

The Golden Bears had not won an NCAA tournament game since 1988, but they got over the hump Friday night at Stanford’s Maloney Field, where they shutout Sun Belt champion Denver, 2-0, to win the first-round match and snap the Pioneers’ 15-game winning streak. Cal (12-7-1) takes on the winner of the top-ranked Stanford, which beat Cal Poly 4-0, in the second round on Sunday at 1 p.m., also at Stanford. 

Kim Yokers led the Bears with a goal and an assist. The junior midfielder’s assist may have been the more memorable statistic, as it set up an insurance goal by Schott. With the goal, the All-America senior forward broke the Cal career goalscoring record she had held with Joy Fawcett at 55. 

“The second half, I thought we overwhelmed them,” Boyd said. “For the first 25 or 30 minutes, we were just all over them. When we got the second goal, that pretty much clinched it.” 

Boyd also praised Yokers, who noticeably improved her game this year after a summer with the U.S. under-21 national team. 

“She has been more mobile, more active than any of the center mids that we’ve played against,” Boyd said. “That second goal that we got was 25 minutes of work by the team and an incredible run by Kim to get down the line and deliver the ball that she delivered. That’s the mark of a special player.” 

Denver’s night may have truly ended in the eighth minute, when midfielder Katie Antongiovanni left the match for good with a broken nose. The senior midfielder led the Pioneers (17-2-2) in goals (14) and points (32) entering the match. 

“Anytime you lose your leading goalscorer and a playmaker in midfield, that would hurt anyone,” Denver coach Jeff Hooker said. 

Yokers got Cal on the scoreboard in the 10th minute. Freshman forward Dania Cabello crossed from near the endline to senior midfielder Brittany Kirk, who found Yokers at the top left side of the penalty area. Yokers fired back across the goalmouth and past Pioneers goalkeeper Erica Izard to the far post. 

“I was afraid it was going to go just wide, and the keeper wasn’t moving, so that made me feel it was going wide even more,” Yokers said. “It snuck in there.” 

Kirk moved into a second-place tie with former teammate Natalie Stuhlmueller on the Cal all-time assist list with her 20th career assist.  

In the 62nd minute, Schott got the goal for which she had been waiting so long. Yokers crossed from the right flank to Schott, who headed the ball inside the near post and past a diving Izard. 

“I couldn’t have had a better game to break the scoring record in,” said a beaming Schott. “I’ve been wanting to get a playoff win since I got here. We finally got one tonight. It feels pretty good.”

To the Editor: 

In response to Mr. Labriola's letter (Forum, Nov. 13) about the politically-correct blindness to the “facts” of Berkeley's housing and growth strains I ask, has he ever looked at facts? According to the Census Bureau, the population of Berkeley has remained essentially stagnant over the past 10 years. Does that mean the current complaints about growth and housing are unwarranted? No, it means we have been faced with these problems for more than a decade. The strain on growth is due to the chronic lack of housing and an increase in demands on particular neighborhoods, especially around UC where the student enrollment has gone up (off-setting the overall loss of population elsewhere in the city). Regardless of how many immigrants have come to Berkeley, the fact is they have not made the situation any different. 

The housing crisis is caused by too many people wanting to live in this particular area, and not having adequate housing stock to meet the demand. Any real estate agent can tell you this has been true for a very long time. So one solution, espoused by Mr. Labriola, is to reduce the population of Berkeley. But how? Make some sort of eligibility requirement? Only people who have lived here for 10 years can stay, everyone else has to leave? Anyone who isn't a citizen must go? How about anyone with funny-sounding names? It is an absurd, if not frightening, position when you really think about the reality of such an idea. 

The clear solution is to find a balance between housing availability and the negative effects of density. What is needed are both new ideas and proven techniques to develop housing without deteriorating the quality of life in Berkeley. It will take non-ideological, practical, and possibly even politically-risky leadership. Quite a challenge for our new Mayor-elect and the new City Council – let's hope they are up to the task. 

Gregory S. Murphy 

Berkeley 

While health care in Berkeley and Oakland certainly has its critics, some local health professionals hope they can lend a little guidance to an overseas sister city in need. 

This week five Russian medical workers from the town of Nakhodka in the Russian Far East, just north of North Korea, are touring area health centers to learn about East Bay services. 

Nakhodka, Oakland’s sister city since 1986, like much of Russia, has faced massive cuts to medical services in the past decade. 

The loss of state funds has made it increasingly difficult for authorities to fight a wave of intravenous drug abuse that has run rampant throughout much of Asia and has spawned an alarming surge in HIV infections. 

According to a 2001 report from the World Health Organization, 6 million people in Asia have contracted HIV since the end of the 1980s, and the continent now accounts for about 20 percent of worldwide HIV infections. 

Igor Ponitaev, a physician and now director of a Nakhodka insurance agency said that at least 1,800 of the city’s 180,000 people have contracted HIV, mostly through sharing needles. 

To help Nakhodka deal with its mounting health crisis, the Oakland Nakhodka Sister City Association (ONSCA) organized this week’s program for the medical professionals to meet with local health providers, school officials and nonprofit administrators. 

ONSCA also hopes to sponsor a future delegation of Nakhodka drug experts to get firsthand knowledge of local strategies to fight drug abuse. 

To prepare for that visit, two local doctors visited Nakhodka earlier this year to study possible improvements to the city’s health care system. Working with the American doctors, ONSCA hopes to win grant money to begin a youth drug abuse prevention program in the Russian city.  

While they are hoping to make a difference for the residents of Nakhodka, local sister city members remain humble about their mission. 

“We understand that the poor record of U.S. society in stemming drug abuse certainly does not entitle us to a holier-than-thou attitude,” said Bonnie Hamlin. “Nonetheless, we do have experience that may be valuable to share with the citizens of Nakhodka for our mutual benefit.” 

The visiting medical professionals will tour the area through Nov. 20 and have planned visits to the Alameda County Public Health Department, Berkeley High School Health Center, the Oakland Emergency Medical Services Department, La Clinica de la Raza and the HIV-AIDS department at Children’s Hospital. 

Amit Tamir scored 25 points and grabbed 11 rebounds to lead Cal to a 90-86 overtime victory over the California All-Stars in the Golden Bears’ first exhibition game Friday night at Haas Pavilion.  

The teams ended regulation tied at 79-all, but the Bears scored the first four points of the extra period and held on for the win. An A.J. Diggs layup put Cal up, 81-79, and Conor Famulener followed with a short jumper. After the All-Stars’ Brooklyn McLinn hit a three-pointer to cut the margin to 87-86, Joe Shipp connected on two free throws with 16 seconds left to seal the game.  

Cal trailed for much of the early part of the first half before seemingly taking control late in the period. The Bears used an 11-0 run to go ahead 34-24 and Cal took a 14-point at 45-31 on a Tamir layup with 4:32 to go.  

In the second half, the All-Stars hit on 8-of-11 three-pointers and led 79-75 with two minutes left. A Diggs free throw and a three-point play by freshman Richard Midgley tied the score. Cal had a chance to win in regulation, but Shipp missed two free throws with 10 seconds remaining.  

In addition to Tamir, Midgley finished with 20 points and Shipp and 17. Former Bear Ryan Forehan-Kelly paced the All-Stars with 16 points.  

“Richard is a tough kid,” head coach Ben Braun said of Midgley. “I like the way he competes. He has a feel for the game. It’s great to see that kind of effort early.”  

Cal plays its final exhibition game vs. EA Sports Monday at 7 p.m. before traveling to New Mexico for the season-opener Nov. 23.

To the Editor: 

Thanks to Mayor Dean for bringing the issue of stereo assault vehicles to the public forum. However, there is no need for new laws. We have one already: “No driver of a vehicle shall operate, or permit the operation of, any sound amplification system which can be heard outside the vehicle from 50 or more feet when the vehicle is being operated upon a highway” (Calif. Vehicle Code 27007.) 

Patrolling officers may be reluctant to “bother” with writing noise citations. On the other hand, we all know the motorcycle officers in the traffic division who wait near stop signs and cite anyone who fails to make a complete stop. These same officers should be assigned to issue noise citations. After all, they will hear the offenders coming a block away. Let Berkeley be known as a city where you get cited when you disrespect people with your car stereo. 

Charles Pine 

Berkeley

WALNUT CREEK – Susan Polk, the 45-year-old Orinda resident accused of murdering her 70-year-old husband last month, pled innocent Friday in court, taking the first step in the high-profile court case. 

Felix Polk, a prominent Berkeley psychologist, was found dead in his cottage on the evening of Oct. 14. Police state he had been stabbed 27 times and beaten on his face and back. 

The couple’s 15-year-old son allegedly found Felix Polk’s body on the floor, wearing only black underpants, and phoned the police to report that his mother had killed his father. 

Susan Polk was arrested on murder charges after police discovered her husband's body. 

Court documents show that police found several long strands of hair in Felix Polk’s hand and an open book on the floor next to him. 

Family members allege that in the midst of the couple’s nasty divorce Susan Polk threatened to kill her husband several times. 

When questioned, Susan Polk repeatedly denied killing the man, Felix Polk, whose patient she had become 30 years ago when she was a troubled 15-year-old girl. In her divorce papers, she claims to have been seduced by the successful doctor.  

Susan Polk will be back in Contra Costa County Superior Court on Dec. 20 to schedule her preliminary hearings. She has hired Berkeley attorney Elizabeth Grossman to defend her and is being held without bail in the county jail in Martinez.

SEATTLE – Junior Sean Giudice’s golden goal at the final horn of the first overtime period lifted Washington men’s soccer over fifth-ranked Cal, 2-1, Friday evening. UW improved to 6-9-3 overall and 3-6-0 in the Pac-10, 

Giudice scored on a header off freshman Mike Chabala’s corner kick at exactly the 100-minute mark.  

Both teams battled through 71 minutes of scoreless soccer until Cal (13-4-2, 6-2-1) took a 1-0 lead on an unassisted goal from Carl Acosta in the 72nd minute. In the 80th minute, a Golden Bear hand ball in the box set up a penalty kick opportunity for the Huskies (6-9-3, 3-6-0) which junior Seth Marsh cashed in on to tie the game 1-1.

To the Editor: 

It was with great dismay that I read the article (Daily Planet, Nov. 12) stating that the East Bay Regional Park District intends to use cattle as a “resource management tool” at the Black Diamond Regional Preserve in Antioch. The stated goals of grazing to achieve “fire prevention and to benefit plant and animal life” are just ridiculous. Homes in such fire prone habitat can be protected only by being constructed of the proper materials and having all brush and fuel cleared back 30 feet from the building. If those things are not done then it makes no difference what the park does to control fire. If they are done, then the park can burn any time and not cause a problem. The only plant and animal lives that are likely to benefit are algae, E. Coli and the noxious weeds spread through the earth disturbed by cattle hooves. 

People using the parks with their dogs that weigh five to 100 pounds must use the mutt mitts provided by the park to clean up after their pets or risk a fine. Why does a cattle rancher not have to clean up after his or her 1500 pound cows? Is it just because they don’t make a Mutt Mitt that big? 

Why is East Bay Regional Park District allowed to purchase land with public tax dollars just to turn it over to private ranchers making private profit, ruining the ecology and destroying the best public use of these lands. 

Ralph Adams 

Berkeley

LOS ANGELES — A federal judge issued a sweeping ban Friday on a section of the Aviation and Transportation Security Act that barred non-citizens from being airport security screeners. 

In a ruling that will apply to airports nationwide, U.S. District Judge Robert Takasugi issued a preliminary injunction against enforcing a portion of the security act ruling that it was unconstitutional. 

The injunction will remain in place until trial in a civil rights lawsuit brought by nine plaintiffs at Los Angeles and San Francisco International Airports. No trial date has been set. 

Takasugi denied the federal government’s request to delay a ruling. 

The ruling will affect as many as 8,000 airport screeners, most of whom already have lost their jobs, said Ben Wizner, a lawyer for the American Civil Liberties Union of Southern California, which brought the case. The ruling will allow them to reapply for jobs that became federal positions following the Sept. 11 terrorist attacks. 

ACLU lawyers also said they hoped the judge’s decision would convince Congress to pass an amendment now before the U.S. Senate that would allow U.S. nationals to hold airport security screening jobs. One of the plaintiffs is from American Samoa, who had been barred from applying as a baggage screener. 

Takasugi’s three-page ruling said the plaintiffs had “sufficiently alleged a constitutional deprivation to warrant a finding of irreparable harm.” 

The judge said issuing the injunction would merely delay implementing the new statute, while denying it could cost plaintiffs jobs. 

“As such, it is clear that the balance of hardships tips decidedly in plaintiffs’ favor.” 

He also said issuing the injunction would serve the public interest. 

U.S. Justice Department lawyer Elizabeth Shapiro declined to comment on the ruling. 

She said it was not clear that the injunction would apply nationwide. 

The ACLU’s Wizner, however, said he interpreted the ruling as applying to those estimated 8,000 workers already effected by the act nationwide and any non-citizens who want to apply for a job. 

The ruling simply states that the injunction bars enforcement of the citizenship requirement. 

Alba Reyes, a plaintiff in the action, said she was pleased by the ruling. Reyes, 24, of the Hollywood area, is from El Salvador. She was fired from her screening job at Los Angeles International Airport in February after failing a screening test, but not because she was a non-citizen. 

Reyes who had applied for citizenship before her firing and has since become a citizen, said she has reapplied from her job and is now on a waiting list. 

“There’s a lot of hard working people that have been working for years and obviously they’re not the problem,” she said of fellow screeners who had been considered a security threat. “It was unfair. They were qualified and they deserve a better job.”

Berkeley has several water drainage systems, called watersheds, that carry water from the hills to the bay. These systems begin as small tributaries or springs that merge to form larger streambeds as they make their way to the bay. Some systems are fed by year round springs, while others are seasonal and only run during the rainy season. The pre-settlement, natural drainage systems were originally above ground but are now mostly hidden from view in underground pipes and culverts.  

Today there are four creeks that actually empty (through culverts) into the bay within the city limits, but there are 10 drainage systems that originate in the Berkeley hills with six of them emptying into the bay in Emeryville, Oakland, Albany or El Cerrito. 

Early in the settlement of Berkeley, springs in the hills were tapped as sources of a useful water supply with pipes diverting the water into reservoirs. An 1875 map shows a complicated system of pipes and walled-up springs to bring water to the new university campus. Feasible developers culverted stream and creek beds to facilitate the grading of roads and laying out home sites. 

Given the undulating, hilly terrain that contains many gorges, it is surprising how hidden these creek systems have become. Codornices Creek, which is located in north Berkeley but empties into the bay in Albany, is Berkeley's most visible creek system. The creek originates in the upper hillside in a number of tributaries that have remained open natural streams and runs through Codornices and Live Oak parks.  

Perhaps the largest creek system is Strawberry Creek which is a visible and important landscape feature of the central campus. It was the presence of this year-round stream that was one of the reasons why the campus location was selected in 1860 by the College of California. However, most of Strawberry Creek is now located underground. A small section in Strawberry Creek Park, near Addison and Acton streets, was brought above ground in the 1980s.  

The natural movement of water from the hills to the bay continues even though the stream beds are mostly out of sight. The complicated underground system is not entirely mapped and it sometimes fails. Failures include not only flooding, leakage and erosion, but contamination with sewage and other toxins.  

The Urban Creeks Council of California was formed in 1982 to address concerns about the health of watershed systems because they directly influence the water quality of San Francisco Bay. In the East Bay the council has advocated the day-lighting of creeks where feasible, ridding creek systems of contaminates and returning spawning fish to some of the creeks. 

More on creeks next week and a look at Capistrano Creek.  

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

SAN FRANCISCO — Polluters are getting off way too easy under the Bush administration, according to the former chief of civil enforcement for the Environmental Protection Agency. 

Civil penalties paid by polluters during the Bush administration plunged to $51 million in the past fiscal year, about half the average collected during the previous three years, according to a new report by the Environmental Integrity Project, a group that lobbies for tougher enforcement. 

“They’re not looking to pick fights with industry. In fact, they’re looking to avoid them,” said Eric Schaeffer, who has led the project since resigning his EPA post in February to protest what he considered a weakening of environmental protections by the White House. 

Two-thirds of the penalties collected in the last fiscal year were already in the works before President Clinton left office, the project found. 

Schaeffer, who was appointed to his EPA position by the first President Bush and served through the Clinton Administration, said in an interview Friday that it’s up to citizens to keep up the pressure on government to keep our air and water clean. 

“If there’s no demand for enforcement from the public, and there’s very low expectations, I think the administration will live down to those expectations. I don’t think you’re going to see any boldness,” he said. 

But EPA spokesman Joe Martyak said the agency has not lessened its focus on enforcement. 

Martyak said that the value of corrective action the courts required polluters to take nearly doubled from fiscal 2000 to fiscal 2001, from $2.6 billion to $4.4 billion. 

“The administration has made it very clear that we are to be aggressively enforcing environmental laws,” Martyak said. 

Schaeffer’s group found otherwise in its Nov. 5 report, which focused on settlements under the Clean Air and Clean Water acts and other statutes, and didn’t include Superfund or Oil Pollution Act cases. It said the $51 million collected in 2002 dropped from $140 million in 1999, almost $85 million in 2000 and $95 million in 2001. 

Schaeffer, in San Francisco Friday to speak at a dinner honoring Sierra Club donors, also urged the Bush administration to focus on how large agricultural operations comply with clean air and water laws, and to force cities to upgrade their sewage systems. 

“We still kind of have the family farm myth in agricultural politics, but it’s so industrial at this point,” he said. “This isn’t Old MacDonald. There’s no reason they should be treated as sacred and exempt based on some antique idea of what farming is in America. These are big, big commercial operations.”

SAN FRANCISCO — They’re still not free, but they’re getting closer. 

A holiday price war among personal computer makers has pushed prices down by hundreds of dollars on machines robust enough to handle the latest PC games, video and software. 

EMachines is promoting a system with a 1.7 gigahertz Intel Celeron processor and a 40 gigabyte hard drive for $399, no monitor or CD-burner included. 

Other low-priced models are available from Dell Computer, Gateway and Hewlett-Packard — none of which can risk staying on the sidelines. 

Analysts say the price-slashing is happening because PC sellers projected sales numbers earlier in the year that have yet to come through, so they need to ratchet up sales before year’s end. 

“Certainly, in recent weeks we’re seeing very highly competitive pricing in the market as vendors gear up for the important fourth quarter,” said Charles Smulders, an analyst with Gartner Dataquest. 

Starting in fourth quarter of 2000, PC prices began a steady decline, coinciding with the dot-com downturn and price cuts by Intel for its Pentium and Celeron processors, Smulders said. 

But those price cuts have failed to buoy the sector. PC shipments fell by 4 percent last year from 2000, and shipments were down again 0.4 percent for the first six months of 2002, according to Gartner. 

Now, companies hope the latest round of price chopping will coax open even the tightest wallets. 

“I think it gives people the opportunity to buy a computer who didn’t have the resources before,” said Kimberly Shaw, 25, a grants administrator from Greenbelt, Md. 

After eyeing piecemeal upgrades like CD burners and replacement hard drives on a recent trip to Best Buy, Shaw is now looking to replace her sluggish home computer altogether. 

Her current Pentium III-powered PC can’t keep up with many of her computing chores, Shaw said. 

“It was like an average computer two years ago but now I think it’s kind of archaic,” Shaw said. 

Dell is offering its Dimension 2300 computer system with a 30 gigabyte hard drive, a CD-burner and 1.8 gigahertz Intel Celeron processor for $399, after a couple of rebates. A monitor can be added for less than $200. 

“Part of our goal is to stay in price position with the competition,” said Dwayne Cox, a Dell spokesman. 

As people continue to turn their PCs into multimedia entertainment stations for viewing video footage and listening to music, large hard drives are a key feature. Each gigabyte of hard drive space is enough to store about 30-40 albums of music in the popular MP3 format. 

The 1.7 gigahertz Intel processors included in many of the sub-$500 models provide plenty of computing power for video viewing and editing, game playing, multitasking between applications and plain old Web surfing. 

The fast processors are becoming necessary for home users as multimedia tasks such as video editing and game playing become more sophisticated. New PC games, such as Dreamcatcher Interactive’s “Iron Storm,” recommend at least a 1.0 gigahertz processor. 

Just how much value is behind these deals? Here’s an indicator: Last year Gateway’s PC lineup started at $599 for systems with processors just cresting the 1 gigahertz level. This year, Gateway is selling a 2.0 gigahertz-powered model for $399 (no monitor) after a $100 mail-in rebate. 

HP’s lowest-priced model is slightly more expensive — the Pavilion 503n — 1.7 gigahertz processor with a 40 gigabyte hard drive — sells for $549 without monitor.

SAN FRANCISCO — California’s largest local phone service company has asked state regulators to more than double the rates it charges competitors to lease its phone lines, a change consumer advocates say could lead to fewer choices for customers. 

SBC Pacific Bell’s request comes just months after the Public Utilities Commission reduced such charges to encourage more competitors to start selling local service. 

Pac Bell hopes the Federal Communications Commission will grant its request to start selling long distance in California. Under the Telecommunications Act of 1996, the FCC must be convinced that the local phone market is competitive first to prevent Pac Bell from initially dominating all phone service sales. 

Some consumer advocates say raising the amount rivals, which include AT&T and MCI, must pay to reach customers through Pac Bell’s infrastructure will drive them from the residential phone market. 

Pac Bell wants a 140 percent increase in the wholesale price of a local phone line, raising the tab to $23.86 per month. 

Regina Costa of The Utility Reform Network, a San Francisco consumer advocacy group, says the hike would kill telephone competition in California and would lead to a massive rate hike for local service. 

Just six months ago, Pac Bell said it would be happy with half that amount. The company now says studies show current prices are far too low to cover expenses.

FRESNO — A Tulare County dairyman has been paid by the federal government to slaughter his herd of 6,400 cows after an outbreak of bovine tuberculosis. 

A reoccurrence of the chronic lung disease at the Friesian Dairy Farm forced Nonning Leyendekker to sacrifice his herd to help protect the state’s hard-won status as being free of bovine TB. 

“If you didn’t depopulate, the whole state would lose its whole TB-free status, and that would have an impact,” said Larry Hawkins, a U.S. Department of Agriculture spokesman. 

But that effort may have been in vain after a cow at a nearby dairy tested positive for the disease last week. Results from the cow at the 2,000-cow dairy will be confirmed by a USDA laboratory. The dairy owner has quarantined the livestock, said Steve Lyle, state Department of Food and Agriculture spokesman. 

A second outbreak would jeopardize the TB-free status and require dairymen to test all cows moving out of state, delaying the process. Losing the status would also make it more difficult for farms in California, the nation’s largest dairy producer, to sell cattle to neighboring states. 

The USDA estimates it could cost Texas’ $7 billion beef and dairy industry about $260 million to test cows before moving out of state during a five-year period. Federal officials estimate it could have an economic impact of $890 million to Texas. 

Texas lost its TB-free status earlier this year after a second herd tested positive for TB. The outbreak was likely caused by cattle from Mexico, said Dan Baca, epidemiologist with the Texas Animal Health Commission. 

Agriculture officials in California don’t know how the outbreak occurred here. 

The bovine TB outbreak was discovered in May at Friesian Dairy after a federal meat inspector found traces of the bacteria at a Hanford meat packing plant. The disease was linked to Leyendekker’s farm and he had to slaughter 90 cows that tested positive. 

A second cow in the herd was discovered to have the disease in August, Lyle said. He did not have information on why the dairyman opted to have his herd slaughtered at this stage. The unaffected meat was taken to a slaughterhouse. 

Hawkins refused to say how much the Friesian Dairy received and Leyendekker could not be reached by phone Friday and did not respond to a faxed request for an interview. 

According to a Tulare County dairy cow retailer, a dairy cow can sell for between $1,600 and $1,900, depending on its age. 

So far, the state has spent about $800,000 for testing for bovine TB, Lyle said. 

The financial impact is expected to be even greater if the another outbreak is confirmed. 

California’s $6 billion milk and beef industry represents more than a fifth of the state’s $27.7 billion agriculture industry. 

Dairy sales in Tulare County were $1.2 billion last year, leading to it becoming the No. 1 agricultural county in the nation. 

California earned it’s TB-free status in 1999 after eight years without any signs of the chronic lung disease in its herds. It takes several years of testing before a state is determined TB-free because it is a slow moving disease, Hawkins said. 

People can contract the disease by working closely with infected cows or by drinking raw milk or eating uncooked meat from infected cows. Nearly all milk sold in California is pasteurized and meat is inspected before being sold.

TOKETEE, Ore. — Eleven-year-old Will Allen watched with a mixture of pride and regret Thursday as his favorite climbing tree was carefully cut to serve as the congressional Christmas tree in Washington, D.C. 

“I was feeling happy, but kind of upset,” said Will, who played war, tag, hide-and-seek and swung from a tire suspended from the 70-foot-tall Douglas fir. 

The tree grew up among trailers that serve as temporary housing at the Toketee ranger station on the Umpqua National Forest. 

The mighty Douglas fir, protected by plastic shrink-wrap, will be trucked cross-country. It will make 49 stops in 10 states — Oregon, Idaho, Wyoming, Nebraska, Missouri, Illinois, Indiana, Kentucky, West Virginia and Maryland — before arriving at the Capitol on Dec. 2. 

A lighting ceremony on Dec. 12 will see it awash in 10,000 lights and 6,000 ornaments handmade by Oregonians to represent the state — cutout cows, a covered wagon and a beaver in a Santa suit. 

The forest applied seven years ago to donate what is officially known as the Capitol Holiday Tree, but only got the nod last year to provide one of the first such trees from Oregon. 

Employees kept an eye out for a suitable tree as they did routine work on the 984,602 acres of the national forest located on the western slope of the Cascade Range. 

In the end, Capitol landscape architect Matthew Evans chose a tree growing right on the grounds of the Toketee ranger station. Timber staffer Dale Anderson said he spotted the tree one day during a quiet moment. 

“I was setting back in my office one day looking out the window and thought, ’Why not that tree?”’ said Anderson. “That tree needs to go because it’s in a play area and it’s starting to die on the inside from stress.” 

The Umpqua has 40 million trees big enough to be considered, but employees narrowed the selection to five, said forest spokeswoman Cheryl Walters. One burned in a forest fire last summer, so Evans had four to choose from last summer. 

“It was amazing to watch him work,” said Walters. “He looked up at it, walked all the way around it, picked off a couple needles and broke them in half and said, ’This is the one.” 

Douglas fir is named for 19th century Scottish naturalist David Douglas, who mistook it for a true fir. It is Oregon’s state tree, valued for its high strength as lumber. Oregon produces more Christmas trees than any other state, and most of them are Douglas fir. 

Most Douglas firs that grow in deep forest don’t end up as symmetrical as the Toketee tree, which had near-perfect branches down to the ground. 

This tree was planted as a seedling in 1974 in the yard behind a trailer that was home to the family of a Toketee employee. With no other trees nearby and plenty of sunlight, it grew straight, tall and full as children played, laughed and cried beneath its branches, said District Ranger Jim Ouimet. 

“There’s a sense of loss among some folks in the community here, but I think in the big picture it’s really a gain for the country,” said Ouimet. 

The choice was kept secret and guards were posted through a night of wind and rain that lashed the tree the night before the ceremony.

The nine-campus University of California, expecting millions in state funding cuts next year, may have to raise student fees by as much as 10 percent, officials said Thursday. 

The proposed increase, pushing the average UC student's annual fees from $3,429 to $3,799, would be the first hike in eight years.  

University officials did not break down the proposal campus-by-campus, but UC Berkeley students are paying $4,200 in fees this year and would presumably face an increase of about $400. 

Students, worried that a jump in fees would limit the number of young people who can afford to attend the university, objected to the proposal Thursday at the UC Board of Regents meeting. 

“To sacrifice access is to sacrifice the future of California,” said Stephen Klass, chairman of the board for the University of California Student Association. 

But budget officials and several regents said a fee hike may be necessary in the face of a state budget shortfall expected to exceed $10 billion next year. 

Given the state’s fiscal crisis, a student fee hike is not the only concern for the university community. The UC system could also face heavy cuts in research, building maintenance and other areas. 

Gov. Gray Davis has asked the university, like all state agencies, to identify a 20 percent cut in state funding from its own budget. 

The governor will use the university's recommendations, and those of every other state agency, to craft a 2003-2004 budget proposal in January. 

UC Vice President for Budget Larry Hershman, speaking at the UC Board of Regents meeting in San Francisco Thursday, identified possible cuts in everything from building maintenance, to student services, to research. 

Hershman declined to attach dollar amounts to any of the specific cuts. But the university, which received $3.2 billion in state funding this year – about 1/4 of its overall budget – will have to recommend $640 million in total cuts to meet Davis's request. 

The actual size of the 2003-2004 UC budget cut that Davis will propose, and the legislature will adopt, is unclear at this point. But the university, which escaped this year's cuts relatively unscathed, is not optimistic. 

“I don't know how deep the budget cuts will be,” said Hershman. “But from my discussions with [Davis's] Department of Finance, it looks scary.” 

Hershman's proposal for a 10 percent student fee hike drew a stiff rebuke Thursday from several Regents, including Lt. Gov. Cruz Bustamante, who sits on the board. 

Bustamante said he was “disturbed” that Hershman would raise the possibility of a fee increase before the Legislature makes any decisions on next year's budget. 

“If we go to the Legislature saying we're willing to raise student fees, why wouldn't they do it?,” asked Bustamante. The lieutenant governor said UC should propose a tobacco tax increase or some other device for boosting state revenue and avoiding student fee hikes. 

Hershman said the university is obliged, by Davis's formal request, to take a hard look at its budget and all the possibilities. He also emphasized that a student fee increase is just one of several budget options. 

But, if the university will entertain a fee hike and cuts in several areas, UC President Richard Atkinson drew a clear line in the sand on two budget items Thursday. He said the state must provide $72 million for a projected 8,000-student enrollment increase next year. He also said the Legislature must provide funding for a 4 percent jump in faculty and staff salaries.  

The state has not fully-funded UC salary increases the last two years, and the university is lagging behind the market. UC officials fear a continued slip on salaries will hurt their ability to recruit top-flight faculty. 

Recruitment is particularly important at this time because UC is expecting a 40 percent increase in student enrollment between 1999 and 2010 and needs to hire a slew of professors to keep up with demand. 

But if UC is worried about next year's finances and the long-term picture, it also faces a more immediate threat to its current 2002-2003 budget.  

This summer the legislature, faced with a $24 billion shortfall for 2002-2003, passed a budget that included significant cuts in health and human services, but spared the university – tagging it with a relatively modest $100 million cut. 

Still, the Legislature authorized Davis to make an additional $750 million in mid-year, 2002-2003 cuts. 

Anita Gore, spokesperson for Davis's Department of Finance, said the governor will announce the $750 million in cuts by January.  

Gore would not speculate on how the university will fare in either the 2002-2003 mid-year cuts or the 2003-2004 budget. But she did note that education has been a high priority for the governor for the last four years. 

Contact reporter at 

scharfenberg@berkeleydailyplanet.net

To the Editor: 

Today, Nov. 15, has been officially proclaimed America Recycles Day. But it might be more accurate to call it “America Doesn’t Recycle Day.” Recent news reports have detailed a slowdown in recycling across the country. And despite media images of recycling-crazed suburban moms filling recycling bins across the country, we never fully took to recycling in the first place, especially when it came to actually buying products made from the materials recycled out of those bins. 

Nowhere is this more evident than in the magazine industry, which today logs 35 million trees each year to make magazine paper. Despite the myth that all paper today is recycled paper, less than 5 percent of magazine paper has any recycled content at all. This is even worse than the record of office and printing paper, less than 10 percent of which has any recycled content. As a result, a tree is cut down every second to produce paper just for magazines. Each year the magazine industry clears an area the size of Rocky Mountain National Park. And paper production is a significant source of major greenhouse gases. 

All that pollution and logging goes to produce the millions of magazines arranged so nicely on racks in bookstores and supermarkets, including every issue of Time and Newsweek. Even nature and travel magazines that should know better, such as National Geographic, Smithsonian, Condé Nast Traveler and Sunset, use 100 percent virgin paper for almost all of their print run. 

Why? Well, it’s not for lacking a good supply of high-quality, competitively-priced recycled paper. Take a look at Audubon and Sierra magazines, or even the Norm Thompson Outfitters catalog. They all feature shiny, glossy, white paper and use paper with 10 percent recycled content. That may not sound like a lot, but for magazine production, it’s a significant difference. 

Recycling is easy. Just ask for it. 

Susan Kinsella, executive director of San Francisco-based Conservatree 

Frank Locantore, director of the Woodwise project for Co-op America 

Washington, D.C.

I had misgivings when I heard the title of Transparent Theater’s second play of the season – “Eternity Is in Love with the Productions of Time.” What a mouthful. I prayed that Transparent would unsort this knot of rhetoric and unravel its mystery by means of an absorbing play. 

But alas, the knot remains pretty tangled at play’s end. The struggle to fashion something absorbing from it results in more frustration than enlightenment. “Eternity Is in Love” has keen and even powerful moments, but these are swamped by bewildering symbolism, muddled intentions and lackluster drama. 

Opening with a scene in which a young man is brutally beaten by an official for spray-painting a wall, the play is set in a nightmare version of the Soviet Union. It moves to a freezing winter night, when a doctor is roused from his marital bed on a call. A stranger who emerges from his cellar offers his car, and the doctor drives that car to a house, where a young man with a rose-shaped wound, infested with white worms, lies ill. Is he the young man with the spray can? Is the wound a result of the beating or has someone been reading too much William Blake? His mother hovers. Meanwhile, the doctor’s wife and the strange man make love. 

It turns out that the stranger is a poet (known only as “The Poet”), and the patient (”The Patient”) is the poet’s son. The official who beat him is known, for reasons we can only guess, as “The Angel.” Is he some sort of avenging angel? The two wives have actual names. The poet’s dark-haired wife is Masha. The doctor’s blonde wife is Rose, and the play traffics in reoccurring rose symbolism. 

Discovering his wife’s infidelity, the doctor reports one of the poet’s subversive works to the secret police, who arrest the author. A further detail, which is not likely to help you any more than it did me, is that all the characters, except the doctor and the Angel, are authors of poems or songs, perhaps the music of a nation’s repressed soul. 

What to make of this? Clearly the play is about the war between art’s right to speak the truth and repressive regimes that try to choke truth off. Though it’s similar to Berkeley Rep’s current “Menocchio,” in which an independent thinker gets in hot water with the 16th century Catholic Church, its method is less genial. Its abstract and schematic. Furthermore authors Tom Clyde and Coley Lally stuff big chunks of the words of 20th century dissenters, from Franz Kafka to Bob Dylan to Anna Akhmatova, into their character’s mouths. This makes for stirring poetry reading, if that’s what you want, but it often stops the story dead. 

Transparent gives the play a decent production. Anne Goldschmidt’s austere set, designed in Soviet red and muted gray, features tall stairs, a claustrophobic bedroom, a central pit. Soundman Daniel Feinsmith supplies ominously ticking clocks agogic harangues, along with dissonant violi music played by Alyssa Rose. Coley Lally’s costumes express a bleak world of fear, and Colin Kaminski provides effective lighting. 

Among the actors, John Nahigian, as the poet makes the strongest impression (too bad he vanishes at the end of act one). Michael Shipley infuses his son with youthful ardor. As the doctor, who warns, “Don’t create anything, it will be misinterpreted,” Lasse Christiansen has an appropriate slump to his walk, and as his wife, who insists, “You can’t fight with silence,” Lucy Owen is a lovely enigma. David Austen-Groen is unnerving as the Angel. Melanie Flood is a warm and earnest Masha. 

Now in its second season Transparent Theater is a welcome addition to East Bay theater, but it’s far too young to go out on a limb with a play like this. Theater of ideas, yes, experimental theater, yes – but at the expense of story line. The chill blowing from “Eternity Is in Love” is more than the chill of a bleak Soviet winter.

Friday, Nov. 15 

“Imagining A World Without Prison” Opening Night Benefit 

8 p.m. to 1 a.m. 

Black Box, 1928 Telegraph Ave. 

The Prison Activist Resource Center events features dynamic speakers, music, art, and food. The exhibit, which features writing and artwork from prisoners, former prisoners, and family members of prisoners, runs Nov. 10 to 30  

For more information call 893-4648 or visit www.prisonactivist.org 

$5- $25 sliding scale 

Berkeley Free Folk Festival Meting 

4 p.m. 

2180 Milvia Way, 5th Floor, Red Bud Room 

Discuss final site location, date of 2003 festival, and volunteers 

649-1423, hlih@yahoo.com 

Free 

Saturday, Nov. 16 

Latina Leadership Conference 

9 a.m. to 4 p.m. 

UC Berkeley Campus 

Lambda Theta Nu Sorority Inc. will provide non-college bound Latinas information about options in higher education and tackle the high drop out rate of Latina girls  

Free 

Magic School Bus Video Festival 

10:30 a.m. to 1:30 p.m. 

Lawrence Hall of Science, Centennial Drive-above UC Campus, below Grizzly Peak Blvd. 

www.lawrencehallofscience.org 

Puppet Show at the Hall of Health 

1:30 to 2:30 p.m. 

2230 Shattuck Ave, lower level 

Al children adn their parents are invited to see the award-winning puppet troupe, The Kids on the Block 

549-1564 

Suggested donation $2/ children under three free 

The First Ever Integrative Medicine Conference in Berkeley 

10 a.m. to 4 p.m. 

2060 Valley Life Science Building at the UC Berkeley campus 

Interactive day of speakers and workshops exploring alternative, complementary, and integrative medicine as a whole 

For information or reservations see www.ocf.berkeley.edu/~sim/conference 

Sunday, Nov. 17 

17th Annual Jewish Genealogy Workshop 

12:30 to 4 p.m. 

Berkeley-Richmond Jewish Community Center, 1414 Walnut St. 

Lectures and specialty sessions included 

Info at www.jewishgen.org/sfbajgs 

$5 for non-members 

Simplicity Forum 

7 to 8:30 p.m. 

Berkeley Public Library, Claremont Branch, 2940 Benvenue Ave. 

cecile@simplicitycircles.com 

Free 

Monday, Nov. 18 

Community Meeting 

6 to 8 p.m. 

Berkeley Alternative High School, 2107 Martin Luther King Jr. Way 

Led by the Superintendent, this discussion aims to serve as a collaboration towards establishing a long-term planning process 

R.S.V.P. to Queen Graham  

644-87649 

Berkeley High School Community Forum 

6 to 8 p.m. 

2701 Martin Luther King Jr. Way 

The purpose of the meeting is to help establish a long-term planning process. 

Women and Welfare Reform: Who Benefits and Who Loses? 

5 to 6:30 p.m. 

Women’s Faculty Club Lounge, UCB 

Lecture featuring Mimi Abramowitz of CUNY’s Hunter College 

Struggles for Racial Justice in Education 

4:30 to 6:30 p.m. 

Oakland Technical High School Library, 45th and Broadway, Oakland 

The Peace and Justice Caucus of the Oakland Education Association sponsors this event, which addresses race, youth, and education through a variety of community speakers 

654-8613 or jzern1@yahoo.com 

Tuesday, Nov. 19 

Concensus Unit: State Community College Study 

10:30 a.m. 

Berkeley Public Library, Central Branch 

Community Room 

Shattuck Ave. and Kittredge 

Sponsored by the Berkeley League of Women Voters 

History and Planting of Golden Gate Park 

1 p.m. business meeting, 2 p.m. program 

Epworth United Methodist Church, 1953 Hopkins St. 

The Berkeley Garden Club presents Ernest Ng, volunteer city guide, who will speak about the history and planting of San Francisco’s historic park 

524-4374 

Tuesday Tilden Walkers 

9:30 a.m. 

Meet at Little Farm parking lot, Tilden Regional Park 

Join seniors and other slower walkers and enjoy the beauty of Tilden Park 

Contact Yvette Hoffner at 215-7672 or teachme88@yahoo.com 

Berkeley Intelligent Conversation 

7 to 9 p.m. 

Berkeley-Richmond Jewish Community Center, 1414 Walnut St.  

Join the bimonthly discussion group informally led by fomer UC Berkeley extension lecturer, investment advisor and finncial planner Robert Berend. Open to all. Please bring light snacks or drinks to share. This session’s topic: To be determined by those present 

527-5332 

Free 

Wednesday, Nov. 20 

Mental Health Commission 

6:30 p.m. 

2640 Martin Luther King Jr. Way, Auditorium 

981-5270 

“Deep Healing Sleep” 

6:30 to 7:30 p/m/ 

Pharmaca, 1744 Solano Ave. 

Stress management expert, author, and Oregonian Nancy Hopps leads this integrative session 

527-8929 

Free 

Berkeley Gray Panthers General Meeting 

1:30 p.m. 

North Berkeley Senior Center, 1901 Hearst Ave. at MLK 

Covering the Nuts and Bolts of Senior Health and Safety, with guest speakers 

548-9696 

Thursday, Nov. 21 

Workshop for Homeowners 

6 to 8 p.m. 

Learn how to lower your utility bills and use building materials that are healthier for your family and the environment at a free green building workshop 

Free 

Simplicity Forum 

7 to 8:30 p.m. 

Claremont Branch Library, 2940 Benvenue Ave. 

Kerrie Hein explores spirituality, life purpose, and simplicity in this discussion session. Open to all 

549-3509 or www.simpleliving.net 

Free 

“Green Building and Remodeling” 

6 to 8 p.m. 

Building Education Center, 812 Page St. 

Special fall seminar with architect Greg Van Mechelen and the Alameda County Waste Management Authority and Recylcing Board 

525-7610 

Free 

Friday, Nov. 15 

Walter “Ogi” Johnson and His Native American Flute 

7:30 p.m. 

Fellowship Hall, 1924 Cedar St. 

Fellowship Cafe & Open Mike is sponsored by the Berkeley Fellowship of Unitarian Universalists. Poets, singers, musicians, and storytellers are invited to sign up for the open mike.  

540-0898 

$5-$10 donation 

The Slackers w/ Buffalo Soldier, The Phenomenauts,The Locals and Hebro 

7:30 p.m. doors, 8 p.m. show 

Ashkenaz, 1317 San Pablo Ave. 

New York’s hot ska band, The Slackers, headline an almost non-stop evening of live reggae,ska and rock dance music. 

525-5054 

$10 

Classis Jazz with Anna de Leon 

8 p.m. 

Anna’s Jazz Bistro, 1801 University Ave. 

$4 

Cynthia Dall 

9:30 p.m. 

The Starry Plough, 3101 Shattuck Ave. 

21+ 

$8 

Saturday, Nov. 16 

An Evening of Choral Music 

7 p.m. 

Pacific School of Religion Chapel, 1798 Scenic Ave. 

A wide variety of choral styles from Bay Area groups including Voci, Opus-Q, Let’s Do It!, and New Spirit Community Church Choir 

849-8280 

$15-$20, sliding scale 

Jeff Tauber and Friends 

8 p.m. 

Anna’s Jazz Bistro, 1801 University Ave. 

$5 

Alpha Yaya Diallo 

9 p.m. doors, 9:30 p.m. show 

Ashkenaz, 1317 San Pablo Ave. 

Rooted in West African Dance Music, Diallo’s lilting style brings in an African medling of Cuban, Cape Verdean, Arabic and North American blues and Jazz. 

525-5054 

$12 

Sunday, Nov. 17 

Mingus Amungus 

4:30 p.m. 

Jazzschool, 2087 Addison St. 

This seven-piece band combines be-bop, funk and hip hop jazz. 

845-5373 

$10-$15 

A Night at the Casbah 

6:30 p.m. doors, 7 p.m. show 

Ashkenaz, 1317 San Pablo Ave. 

Alexandria & the Near Eastern Dance Company presents an evening of classical belly dance and authentic folk dance from the Near and Middle East 

525-5054 

$7 

Ceramics - Opening Reception 

Through Nov. 17 

3 to 5 p.m. 

A New Leaf Gallery, 1286 Gilman St. 

525-7621 

Free 

“Shove Off to Birthday Island” 

Through Nov. 30 

Reception Nov. 2 from 5 to 8 p.m. 

Tue. through Sat., 11 a.m. to 5 p.m.  

Ardency Gallery, 709 Broadway 

A collaborative exhibition of Tonya Solley Thornton and Frank Haines including video and sculptural installations. 

836-0831 

Children of the Gulf War Photo Exhibit 

Through Nov. 30 

Mon. through Thurs., 10 a.m. to 9 p.m. 

Fri. through Sat.., 10 a.m. to 6 p.m. 

Sun., 1 p.m. to 5 p.m. 

Berkeley Public Library, 2090 Kittredge St. 

Featuring works of Takashi Morizumi 

Information: www.savewarchildren.org 

“Recent Acquisitions” 

Through Dec. 14 

Thurs. through 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. through Sun., noon to 5 p.m. 

Berkeley Art Center 

Live Oak Park, 1275 Walnut St. 

Information: www.berkeleyartcenter.org, 644-6893 

Free 

Peaceable Kingdom 

Through Dec. 22, Weekends, Nov. 30 to 22, Weekdays, Dec 16 to 20 

10 a.m. to 6 p.m. 

Berkeley Potters Guild, 731 Jones St. 

Elephants! 

Through Jan. 12 

Daily, 10 a.m. to 5 p.m. 

Lawrence Hall of Science, Centennial Drive-above UC Campus, below Grizzly Peak Blvd. 

Daily activities, Larger than Life, 10:30, 11:30, a.m., 12:30 p.m., Elephant Tails storytelling, 1:30, 2:30, 3:30 p.m.  

www.lawrencehallofscience.org 

$8 adults. $6 youth, seniors, disabled, $4 children 3-4, Free, children under 3, LHS members, UC Berkeley students 

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.

When the Cal football team went 1-10 last season and head coach Tom Holmoe was fired, it was hard to imagine a college program being in more disarray. But Arizona, the team Cal plays on Saturday, may just have lapped the field when it comes to upheaval. 

Nearly half of the Arizona team met with university President Peter Likins on Tuesday to complain about head coach John Mackovic. When news of the meeting, which was held without Mackovic’s knowledge, became public knowledge, the school held together a hastily-prepared press conference at which Mackovic said he would not be leaving the team. While the second-year coach did admit “serious mistakes,” Mackovic and Athletic Coordinator Jim Livengood both say he will return next season. 

But the trouble is by no means over in Tucson. Thursday brought news that some Wildcat players are considering a boycott of Saturday’s game in Berkeley, and several players publicly questioned Mackovic’s sincerity.  

“To me (the apology) is all a joke. A joke,” UA junior cornerback Michael Jolivette told the Tucson Citizen. “It is hard for a person to change. That is his personality; that is him. He can't change his ways. He is a grown man. That is Mackovic.” 

Mackovic was hired two years ago following the dismissal of longtime head coach Dick Tomey. Mackovic’s contract calls for him to earn $800,000 per season for five years, and there is a reported $1.2 million buyout should he quit or be fired this season. 

Mackovic, who coached the Texas Longhorns from 1992-97, has compiled an 8-13 record in his two seasons at Arizona, including a 3-7 mark with no Pac-10 wins so far this season. Expected to be the coach who elevated the program to national heights, Mackovic’s reign has now gained national attention, but for all the wrong reasons. 

The main reason for the players’ meeting with Likins was several instances of verbal abuse of players by Mackovic. The coach admitted to telling junior tight end Justin Levasseur that he “was a disgrace to his family and that he should go sit on the bench” during Arizona’s loss to UCLA on Nov. 9. A teary-eyed Mackovic said Wednesday he regretted the remarks. 

“He said something about my family that I didn't appreciate too much,” Levasseur said. “I didn't know how to take it. I accepted his apology. It was just a little late. After the game he could have apologized. That would have been ideal.” 

Mackovic met with the team for 90 minutes before Wednesday’s press conference and apologized to several individuals for remarks he made, but it seems that most of the veteran players, who were recruited by Tomey and had the new coach thrust upon them, have already tuned him out completely. Senior linebacker Lance Briggs said he doesn’t expect Mackovic to return next season, while Jolivette dismissed the coach’s apologies completely. 

Arizona’s current situation reflects well on the similar trials Cal went through last season. Although it was clear former head coach Tom Holmoe wasn’t capable of putting together a winning team, no player ever went public with any grievances against the coach. In fact, several veterans last week complimented Holmoe on his handling of the situation, even after his dismissal was announced with three games left in the season. 

“[Holmoe] never made us feel like things were our fault, like we got him fired,” senior safety Bert Watts said. “He got us ready for the coaching change. He handled himself with class all the way.” 

Unless the plane out of Tucson is empty, the Bears still consider Arizona a tough opponent. After all, the Cal players were the ones nobody believed in last season, so they know the Wildcats have something to prove against a favored opponent. 

“Any team can beat any team on any given day,” Cal defensive tackle Daniel Nwangwu said. “I know how they’re thinking, that they can come in here and shock the world. We just can’t let them do that.”

Berkeley’s Alta Bates Medical Center was one of several Bay Area hospitals that responded Wednesday night to a vague FBI warning of a possible terrorist attack at local hospitals. 

The threat extended to four cities – San Francisco, Houston, Chicago and Washington D.C. – and provided no specifics, suggesting only inexact possibilities of anthrax or explosives striking medical facilities during the holiday season. 

“We’re taking the threat seriously,” said Alta Bates spokesperson Carolyn Kemp. 

The hospital, with two campuses in Berkeley and one in Oakland, sent out a memo Thursday notifying its employees of the FBI warning and asking them to re-familiarize themselves with the hospital’s disaster plan. 

“By nature of who we are and what we do, we’re trained to handle disasters and emergencies,” Kemp assured. 

Kemp added that the FBI’s warning coincided with an already-planned emergency drill, coordinated by state health officials Thursday. 

The drill tested the hospital’s ability to respond to detonation of a “dirty bomb,” a low-tech explosive packed with radioactive materials and designed to spread over a wide area. 

“This [type of preparation exercise] is something we do regularly,” Kemp said. “We’ve been on a heightened state of alert for the past 11/2 years.” 

FBI officials say Wednesday’s warning was prompted by unconfirmed information from overseas intelligence sources that hospitals in four U.S. cities may be terrorist targets. 

“[At this point] the threat is unsubstantiated and uncorroborated,” explained Pat Hansen, a spokesperson for the San Francisco FBI bureau. Hansen said that until the threat was substantiated, the FBI would not release further details. 

The FBI, working with local law enforcement authorities, continues to address terrorist threats in the Bay Area and put proper protections into place, FBI officials said. 

The warnings represent a balance between freely dispensing information and not alarming the public with unreliable threats, FBI officials said.

To the Editor: 

Regardless of whether voters supported or opposed Berkeley's coffee initiative Measure O – which would have required retailers to sell socially-conscious coffee – Measure O was useful in that it helped raise public awareness of the global socio-economic and environmental issues surrounding the coffee industry. Through media reports of Measure O, people throughout the nation learned that drinking a cup of coffee is one of the most important things you can do all day. Half a billion people (more than 8 percent of the world's population) rely on coffee to survive, and the industry is currently experiencing a crisis in which as many as 600,000 workers are unemployed in Latin America alone.  

What Measure O may not have highlighted, however, is that “Fair Trade,” shade-grown and organic coffee are only three components of a comprehensive solution to the coffee crisis involving farmers, roasters, retailers and consumers. While organic and shade-grown labels address some environmental concerns, Fair Trade guarantees that only very small farms (less than five acres) be paid a total of $1.26 per pound.  

While small farms obviously need help, they are not alone in their need. Larger family farms employ many more total workers than the small, one-family farms, so the impact on the industry as a whole should include the larger family farms as well. Moreover, there is no provision in the Fair Trade agreement that creates or requires programs to improve the lives of farm workers. Thus, while organic and Fair Trade are indeed part of the solution, producing socially and environmentally conscious coffee entails much more than labels or a wage supplement.  

Jon B. Rogers 

president, San Francisco Bay Gourmet Coffee Co.  

San Leandro 

HELENA, Mont. – Despite their best efforts, Sacramento State players have gotten themselves into a sticky situation.  

Several of the Hornets greased their jerseys with nonstick cooking spray on the sideline during their 31-24 loss at Montana last weekend, the Big Sky Conference said Thursday.  

Before determining a punishment, the league and Sacramento State are trying to figure out how many players used the spray and whether coaches knew. Sacramento State athletic director Terry Wanless said he still is investigating but believes only three players were involved.  

“We’ll decide the penalty, depending upon who we find at the bottom of the pile,” Big Sky commissioner Doug Fullerton said. He expected to announce his decision Friday.  

“I think it’s a serious ethical breach,” Fullerton added.  

Hornets coach John Volek said he didn’t know anything about the apparent incident, but he was not on the sideline during Saturday’s game. He was serving a one-game suspension for complaining about officiating in his team’s 31-30 loss to Montana State a week earlier.

Owning a business is supposed to be the pinnacle of the American dream. But for many south and west Berkeley entrepreneurs in the midst of recession, being self employed has been a tough and lonely occupation. 

To get local merchants out of their shops and offices and put them in constructive conversation with one another, Berkeley business groups Wednesday sponsored the first-ever Business Mixer for south and west Berkeley merchants. 

Besides swapping business cards, the merchants traded client names and talked about joint business and advertising ventures. 

These small business owners operate in the neighborhoods with the city’s highest unemployment rates, and for local merchants who rely primarily on neighbors for business, these are challenging times. 

“The economy is hitting [the merchants] hard,” said Roger Asterino of the city’s Office of Economic Development. “Unfortunately in a bad economy businesses in lower income areas get hit first.” 

To get by, many local businesses are finding ways to cut costs and expand their customer base. A collection of shops on Dwight Way and San Pablo Avenue have agreed to pool their resources to buy advertising for the holiday season together. 

“In this economy you have to network like crazy or else you’re out of business,” said Mark Weiman who owns a printing business on Adeline Street. 

He met another printer who specializes in small copy jobs. Because Weiman does more sophisticated projects they agreed to refer customers to one another when the other was better suited to the job. 

Traditional business owners were not the only ones making contacts. Denice Cox, director of a non-profit youth drill team and drum squad met an independent filmmaker who might make a promotional video of the squad. 

Such alliances are even more important this year merchants say because the city, facing mounting budget deficits, has not funded a “Shop in Berkeley” holiday campaign. 

The relationship between the merchants and the community works two ways. While merchants rely on local residents for the bulk of their business, merchants also provide many neighbors with job opportunities. 

Mansour IdDeen, head of a non-profit job training agency, said small businesses are more likely than larger companies to hire from within their neighborhoods. 

Event organizers insist that there is an important social element to mixer as well. 

“Self employed people are isolated at home. This makes it fun for them to come out and meet one another,” said Betsy Morris of the West Berkeley Neighborhood Development Corporation (WBNDC), which sponsored the event along with the South Berkeley NDC and the Adeline Alcatraz Merchants Association. 

Pam Smith, an independent web designer, said she hoped she drummed up some business, but added that she was happy just to meet people dealing with similar concerns. 

“When you go through a slump, you always feel like you’re the only one suffering, but then you realize that everyone is in the same boat,” she said. 

Contact reporter at matt@ 

berkeleydailyplanet.net 

To the Editor: 

Wow. G. Schlappich is frightened of music and morality in politics (Forum, Nov. 12). He equates the statement by Tom Bates campaign co-chair Russ Ellis that “we are going to make moral music” with the terrorists crashing into the World Trade Center.  

Tom pledged to make the administrative process of government more open and citizen-responsive; to make the arts more welcome throughout Berkeley (and not just downtown). He promised to bring back civility and to reach across party lines on the City Council. He has already started to do so. 

Our campaign pleads guilty to liking and using poetry and music (and the arts generally). We believe in morality in government: saying what you mean and meaning what you say.  

So, if that makes us terrorists, I guess we will just have to learn to live with the label. Nobody better go up in the Campanile or the Gaia building during the Bates administration, you just can't tell when we may decide to attack one of those tempting targets in the city's 747. 

Mal Burnstein 

Bates Campaign Treasurer 

The Berkeley High football team is just one win away from the school’s first perfect season in nearly 30 years. The weight that accomplishment isn’t lost on head coach Matt Bissell. 

“All week we’ve been trying to tell the players the significance of another win,” Bissell said of his coaching staff. “We’re trying to impress on them the uniqueness of the situation they’re in.” 

Standing in the way of Berkeley’s perfect regular season are the El Cerrito Gauchos. They’ll be looking for revenge after the Yellowjackets completed an impressive fourth-quarter comeback last season at El Cerrito, a loss that knocked the Gauchos out of contention for the Alameda-Contra Costa Athletic League title. 

Berkeley is playing its best football of the season, however, with three straight shutouts and an offense that has continued to roll despite the loss of its starting running backs. Fullback Aaron Boatwright, whom Bissell has called the key to his team’s offense, will likely sit out tonight’s game with a sore knee, while tailback Craig Hollis returns from a game on the bench for disciplinary reasons. 

Hollis’ return won’t mean sophomore Antoine Cokes will head to the bench for good. Cokes was impressive last week against Alameda, running for 142 yards and two touchdowns, and will likely get quite a few carries against El Cerrito. Cokes’ brother, Finus, also had 55 yards and a touchdown and will start at fullback tonight. 

Bissell knows none of his players have been to the North Coast Section playoffs, and he and his staff are working hard to get the Jackets ready for a tough first-round game, most likely against either San Leandro High or Foothill High. Bissell expects his team to take their excitement out on the Gauchos before moving on to the playoffs. 

“We’re trying to keep our players on a level playing field,” he said. “This feels like a new season, a new starting point for the team.” 

Defensive coordinator Ronald Moore said he won’t be surprised if his defense pitches another shutout. The last time the Jackets were scored on by an opponent was on Oct. 18 against Hercules, an overtime win that set the tone for what has been Berkeley’s best season since the Jackets were undefeated in 1973. 

“I never want any team to score on us, but we’ve been playing just unbelievably well lately,” Moore said. “We can play defense against anybody and not give up anything.” 

Notes: The NCS selection committee will meet on Sunday morning to seed the playoff teams. Berkeley is ranked seventh in 4A on the calpreps.com Web site, but they should be seeded higher than No. 6 Antioch High, as Berkeley beat Liberty High and Antioch lost to Liberty. Berkeley will likely only host a playoff game if they are matched up against a team that doesn’t win its league, as league champions get first shot at hosting a playoff game.

Conservative activist Ward Connerly appeared to back off on a request for an independent study of the University of California's controversial, racially-sensitive “comprehensive review” admissions policy Thursday. 

Comprehensive review, used in all UC admissions for the first time this year, weighs intangible factors like achievement in the face of adversity alongside traditional academic measures like grades and test scores. 

Critics have argued that the policy has lowered academic standards and served as a way around Proposition 209, authored by Connerly and approved by California voters in 1996, which bans the consideration of race in admissions. 

Connerly, who serves on UC's governing Board of Regents, said in September that, while he supports comprehensive review, an independent audit would relieve public concerns about the policy's fairness. 

Opponents, including Lt. Gov. Cruz Bustamante, who serves as a regent, blasted the idea and said the nine-campus UC system should wait until a key faculty committee, the Board of Admissions and Relations with Schools (BOARS), presented its own analysis of comprehensive review. 

That analysis came Thursday, finding that the academic qualifications of this year's freshman class were only slightly lower than the previous year's class. The study also found a very minor increase in the number of “underrepresented minorities” – African-Americans, Latinos and Native Americans – admitted. 

“Your report answers a lot of questions,” said Connerly, who did not revisit the idea of an independent audit. 

But, the regent emphasized that he still has some concerns. He applauded a UC San Diego pilot study, cited in the BOARS report, which verified the household income and achievements of 437 applicants. The program, he suggested, would allay some public concerns that students are embellishing their hardships and achievements to win admission under comprehensive review. 

Connerly also raised doubts about another pilot study, run by the university's Oakland-based office of the president, which oversees the entire nine-campus system. The president's pilot program sought to verify the claims made by applicants to several UC campuses in their personal statements. 

Connerly asked whether that pilot verified any of the painful, personal stories that applicants may have included in their personal statements. “If you're talking about sensitive, personal information, we don't verify,” said Barbara Sawrey, a UC San Diego professor who chairs the BOARS committee. 

Connerly said if the university could not verify personal hardship, it should not weigh it in the admissions process. 

Connerly also asked BOARS to consider comparing a group of rejected applicants and accepted applicants to see if race played any role in admissions. Regent Gayle Binion, who represents the faculty on the board, said that was something BOARS could do. 

Several other regents said the BOARS report demonstrated that academic achievement is still the overriding factor in determining admissions and voiced opposition to the idea of an independent study. 

“I trust the faculty more than Arthur Andersen,” quipped Delaine Eastin, a regent and California's superintendent of public instruction. 

Contact reporter at scharfenberg@ 

berkeleydailyplanet.net

To the Editor: 

I have to respond to John Dyra's comments (Forum, Nov. 13) about hydrogen power. Mr. Dyra suggests that we can capture unused “green” energy during non-peak periods and use it to make hydrogen. Hydrogen can then be used in fuel cell vehicles which will replace internal combustion vehicles and realize all sorts of benefits to society. He is absolutely correct, and in the future we may just do so. But that is not how hydrogen is being made at this time. Hydrogen is currently made from burning oil and gas. Therefore, the point of my original letter to the editor is still valid: AC Transit should only convert to hydrogen powered buses in the interests of research. At this time, they are seeing a research vehicle that is causing more pollution than the vehicle it replaced. 

I will add that before internal combustion vehicles are replaced, it makes more sense for hydrogen power to replace oil and gas burning power plants simply for distribution reasons. However, power plants are not as sexy as hydrogen powered vehicles, so that is what everyone talks about. 

To further ruffle feathers: those in power think that alternative energy can never supply 100 percent of our energy – there just aren't that many opportunities to make it, especially once the Sierra Club tears down all the dams. (The foregoing from the former Secretary of the Interior, Bruce Babbitt). That leaves oil and when its all used up, nuclear power. It would be ironic if supporting hydrogen power was indirectly supporting nuclear power. 

Greg Hoff 

Oakland

SAN FRANCISCO — Nine gay linguists, including six trained to speak Arabic, have been discharged from a U.S. Army language institute despite the threat of war in the Middle East and a critical shortage of language specialists in the military and intelligence agencies. 

Seven of the specialists had revealed their sexual orientation at The Defense Language Institute in Monterey, and two others were caught together after curfew, said Steve Ralls, spokesman for the Servicemembers Legal Defense Network, an advocacy group that defends gays in the military. 

Six were specializing in Arabic, which requires months of intensive training, two were studying Korean and one was learning Mandarin Chinese. 

“We face a drastic shortage of linguists, and the direct impact of Arabic speakers is a particular problem,” said Donald R. Hamilton, who documented the need for more linguists in a report to Congress as part of the National Commission on Terrorism. 

The federal government has aggressively recruited Arabic speakers since Sept. 11, when security agencies found themselves unable to quickly translate and analyze the huge volume of terrorist communications intercepted before and after the attacks. 

At the Monterey institute, the military’s primary language training center, 516 linguists enrolled in the Arabic course this year and 365 graduated, said Harvey Perritt, spokesman for the U.S. Army Training and Doctrine Command at Ft. Monroe in Tidewater, Va. 

Perritt confirmed the nine discharges occurred between October 2001 and September 2002, but declined to comment further about the cases. 

After Sept. 11, the Pentagon suspended some administrative discharges, but not the ban on serving as an openly gay member of the armed forces. 

Supporters of the “don’t ask, don’t tell” policy, drafted by the Clinton administration and passed by Congress, say allowing gays to serve openly would undercut morale and unit cohesion. The policy allows gays to serve provided they keep quiet about their sexual orientation. Supervisors are not supposed to ask about their sex lives. 

Two of the linguists, Alastair “Jack” Gamble and Robert Hicks of Beltsville, Md., were discovered in Gamble’s room during a surprise inspection in April. Because Hicks was breaking curfew, a routine search followed, turning up incriminating letters and other evidence of their sexual orientation, Gamble said. 

“My personal situation was upturned, and the rest of world doesn’t have to care about that,” Gamble said. “What they should care about is that they as taxpayers paid a lot of money to train me, and I wanted to use those skills for the good of the country and the country said no thank you.” 

Gamble, 24, and Hicks, 28, were aware of the “don’t ask, don’t tell” policy for gays in the military. Gamble said it was the first time they tried to spend the night together in their eight-month relationship. 

“I made the decision to do it knowing full well the consequences,” Gamble said. “It’s not a gay-rights issue. I’m arguing military proficiency issues — they’re throwing out good, quality people.” 

After their discharges, Gamble and Hicks applied for other federal jobs where they could use their language skills in the war on terrorism, but neither was hired, Gamble said. 

Northwestern University sociology professor and military expert Charles Moskos, who helped write the “don’t ask, don’t tell” policy, said Gamble and Hicks brought their punishment on themselves.

Henry May, the Emmy Award-winning set designer who collaborated with artistic luminaries such as Orson Welles and Leonard Bernstein, has died at a nursing home. He was 81. 

May suffered from Alzheimer’s disease and died at a Washington, D.C. nursing home on Nov. 4, according to the University of California, Berkeley where he was a professor emeritus in the Department of Dramatic Arts. 

May’s sets were recognized for their symmetrical balance and attention to detail. He designed sets for television and stage, including work at Lincoln Center, Carnegie Hall and the New England Conservatory of Music. 

“Henry was a designer. He had to be able to sense what the director had or wanted as a central vision for the play. He did clear, beautiful designs,” said Robert Goldsby, a professor emeritus who worked alongside May at UC Berkeley. 

After earning a bachelor’s degree in landscape architecture from the University of Illinois in 1943, May joined the Navy and served as a lieutenant. He returned home to study scenic design at Yale. 

In 1958, May won an Emmy Award for his artistic direction of “Boswell’s Life of Johnson,” which aired on major television networks as part of the 1950s variety show “Omnibus.” 

May later joined the faculty staff at UC Berkeley and became chair of Department of Dramatic Arts. While there May was awarded a Guggenheim Foundation award, the first ever given to a scenic designer. 

May retired from the university in 1991. 

He is survived by his daughter, Laurie Trippett, a sister, Bettina Barasch of Lido Beach, N.Y., and one granddaughter.

OAKLAND — Two parolees arrested in connection with the drive-by killing of a 15-year-old girl and the wounding of two boys in East Oakland on Monday were arraigned in Alameda County Superior Court Thursday. 

Eric M. Williams, 28, and Keddrick Darrough, 24, both of Oakland, were charged with one count of murder each stemming from Monday's shooting death of Tamellia Cobbs as she stood on a sidewalk in front of her aunt's house. 

The complaint filed by the district attorney's office also charges the men with four counts each of attempted murder, four counts each of assault with a firearm, and one count of each of shooting at an occupied motor vehicle. 

The men were arraigned separately and neither entered a plea Thursday. 

The murder count lodged against each defendant carries with it a special circumstance allegation, specifically that Cobbs was killed in a drive-by shooting. The penalty for a conviction of murder with the special circumstance is a sentence of life without the possibility of parole or the death penalty. 

Williams, who was convicted in 1993 of robbing a Bank of America in Oakland, was also charged with being an ex-felon in possession of a firearm. 

They are also being held on parole violations. 

The shooting, which occurred in the 1200 block of 89th Avenue near B Street, was reported at about 11:15 a.m. on Monday. The slaying was the city's 97th of the year. 

According to police, the shooters drove up in a car and opened fire on the victims standing on the sidewalk. Tamellia and two boys were struck by bullets that tore through an Oldsmobile station wagon parked along the curb. 

Judge Allan D. Hymer said Thursday that Williams has three prior felony convictions, each of which counts as a “strike” under the state's “Three Strikes” law. Darrough was convicted of a felony in 1997 for which he served a state prison term, according to the judge. 

As the judge read the charges against him, Williams flipped occasionally through a copy of the charging document, leaned over on the lectern in front of him and looked distractedly out at those seated in the gallery. 

Williams, wearing a red shirt beneath a dark coat, smiled occasionally and cradled his chin in his palm as the judge concluded his reading of the 11 criminal counts. 

The judge said that he had been approached Thursday by Williams' brother, who said he was trying to retain the services of attorney Colin Cooper. 

Williams was ordered to return to court on Nov. 26 at 9 a.m. 

Near the end of his appearance, Williams told the judge he wanted to confer with his own attorney before deciding whether to request a “speedy” trial. 

“I'm going to go see what this lawyer say,” Williams told the judge. Then he added, “These charges, they ain't you know what I mean” and his voice trailed off. 

Darrough, who appeared in court Thursday in a multicolored sweater and blue jeans, told the judge he was unable to afford his own attorney at this time. He was ordered to return to court Friday morning to speak with a public defender. He faces 10 criminal counts.

For the second straight year, an overwhelming number of Californians told pollsters they prefer to drive alone to work and live in a single-family home, two desires that often confound lawmakers trying to steer growth back into cities. 

While residents of the San Francisco Bay Area are the state’s most comfortable with a high-density urban lifestyle, 86 percent of 2,010 adults interviewed in a new growth survey by the Public Policy Institute of California said they want a house with a yard. 

Nearly four in 10 cited safety as the biggest reason. 

That’s nearly double the number citing schools or more space as the leading factor in choosing a neighborhood and home. 

Advocates of more mixed development say Californians haven’t seen enough good examples of compact urban living that compact urban living that emphasizes walking over driving. 

“I think that awareness does play a role in the Bay Area and other places where more people have seen what a denser, walkable neighborhood can look like,” said Steven Bodzin, spokesman for the San Francisco-based Congress of New Urbanism. “Anywhere with historic cities you have people who are aware.” 

Homebuilders say the survey bolsters their arguments against local and state moves to push most new development into older cities. 

“When we talk to the policy makers and some of them try to move us in a different direction, my standard statement is when you’re in business to build a product and sell it, you really want to give people what they want. And that’s what they want,” said Robert Rivinius, chief executive officer of the California Building Industry Association. 

Such resounding opinion also counters the so-called “smart growth” favored by three wealthy California foundations that commissioned the survey. They’ve seeded the emerging, but often embattled, development trend with millions of dollars, emphasizing transit, townhouses and apartments above stores to slow suburban growth in a state that loses 50,000 acres of irrigated farmland every year to development. 

Mark Baldassare, the PPIC’s survey director said he’ll present the findings Friday to the James Irvine Foundation, William and Flora Hewlett Foundation and David and Lucile Packard Foundation, the second year he’ll present sobering news about Californians’ attitudes on growth. 

“To me, it says there is going to be resistance to smart growth — and there is,” said Baldassare, a longtime monitor of California’s public opinion. “I don’t think the public has been provided with a vision that makes them feel comfortable with doing things differently than we have in the past 50, 60 years.” 

But the Irvine foundation is not deterred, spokesman David Shaw said. “We still believe there’s an untapped market of people who are looking for alternatives, whether that’s a townhouse near transit or apartments in the suburbs.” 

Survey respondents who called the standard single-family home their ideal included 80 percent of renters.

OAKLAND — Alameda County prosecutors Thursday filed an expanded set of felony sex charges against Yusef Bey, a leader in Oakland's Nation of Islam community. 

An original complaint filed Sept. 18 charged Bey, 66, with a single felony count of committing a lewd act on a child under 14 in September 1981. He surrendered to police Sept. 19 and immediately posted $50,000 bail. 

The original charge arose after a woman, now 34, approached police in mid-June to report that she had given birth to a child, allegedly fathered by Bey, when she was 13. 

Bey had pleaded innocent to the original charge one month ago. 

However, an amended complaint filed Thursday charges Bey with 27 felony counts involving four alleged victims, according to Deputy District Attorney Teresa Ortega. 

The 27 counts include charges of lewd or lascivious conduct on a child under 14 by means of force or fear, and rape accomplished by means of force or fear. 

Bey, who appeared with about 20 supporters in suits and bowties in the Oakland courtroom Thursday, did not enter a plea to the charges. Bey, dressed in a suit, fez and bowtie, stood quietly with his back straight beside his attorney during the proceeding. 

The alleged crimes occurred between 1976 and 1995, Ortega said. Bey came in contact with the alleged victims through Your Black Muslim Bakery, of which he is the president and CEO. The complaint charges that Bey began alleged illicit sexual contact with the victims before they turned 14.  

Because of the new charges, Ortega asked Judge Allan D. Hymer to order Bey held without bail. The judge denied her request. Ortega then asked the judge to raise bail in the case to $1.6 million. 

Bey's attorney, Andrew Dosa of Alameda, told the judge that he did not believe that a substantial increase in bail was justified.

BERKELEY — Family, friends and University of California, Berkeley students remembered former Chancellor Chang-Lin Tien as a leader with infectious optimism and a professor with high expectations. 

More than 1,000 people gathered Thursday for a memorial service that celebrated Tien’s energy, his dedication and his love for the university’s football team. 

“No tribute to Chang-Lin would be complete without acknowledging his passion and commitment to the success of students,” said UC President Richard Atkinson. 

Tien died Oct. 29 after he suffered a stroke that resulted from surgery for a brain tumor. 

Tien was the first Asian-American to head a major U.S. university. He also was a fixture at Berkeley games and rallies. 

“He exemplifies the Cal spirit,” said Berkeley Chancellor Robert M. Berdahl. 

His deep believe in Berkeley animated everything he did. 

Born in Wuhan, China in 1935, Tien’s family had to flee persecution twice. First, the family fled to Shanghai after Japanese troops invaded during World War II and a second time to Taiwan in 1949 after Chinese communists took control of the country. 

Tien got his doctorate degree from Princeton University in 1959 and, later that year, joined the Berkeley faculty, where he spent all but two years of his 40-year teaching career. 

He was appointed Berkeley chancellor from 1990 to 1997. Tien was an internationally known expert on thermal science and helped develop the insulating tiles for the space shuttle. 

Those present at his memorial also remembered him for his dedication to diversity and affirmative action. 

In 1995, UC regents voted 14-10 to drop UC’s affirmative action programs. Tien argued for keeping race-based admissions and later publicly lamented the drop in the number of Hispanic and black students at Berkeley following the vote. 

“We can best memorialize him by making certain this university remains an open place of opportunity,” Berdahl said. 

For his son, Norman Tien, a professor of electrical and computer engineering at UC Davis, his father’s legacy will live on. 

“My father was a giant who straddled in so many different worlds,” he said. “He lives on in the hearts of each of the many people that he inspired in so many ways.” 

UC Berkeley’s marching band closed the memorial service with the school’s fight song. Tien’s name also will be immortalized at UC Berkeley where the Chang-Lin Tien Center for East Asian Studies will be created.

SANTA CRUZ — The city of Santa Cruz has joined Berkeley, Cambridge, Mass., and Denver, Colo. in opposing parts of the USA Patriot Act, passed by Congress last year shortly after the Sept. 11 terrorist attacks. 

The Santa Cruz City Council unanimously passed a resolution by Mayor Christopher Krohn to oppose certain justice department directives and executive orders. 

The Patriot Act gave the federal government, international intelligence agencies and domestic law enforcement sweeping new powers to prevent terrorism. 

According to the City Council, there are a number of problems with the provisions of the USA Patriot Act and how it is being implemented that threaten basic civil rights and liberties. 

The council agreed with Krohn that the Patriot Act defines “domestic terrorism” too broadly, thereby affecting the rights of lawful advocacy groups.  

The council also expressed concern that the act places limitations on the Freedom of Information Act, authorized federal prison officials to eavesdrop on the confidential attorney-client communications of people in federal custody, eased long-standing intelligence guidelines and established a secret military tribunal for terrorism suspects.  

Those things add up to an attack on Americans' civil rights, the council found. 

By passing Krohn's resolution, the Santa Cruz City Council believes it is affirming its commitment to the protection of civil rights. The council is also calling upon the city to ensure that federal and state law enforcement officials working within the city cannot engage in activities permitted by the Patriot Act that allegedly violate the civil liberties of  

Santa Cruz residents. 

In addition, the council is calling on federal and state legislators to monitor the implementation of the Patriot Act and directives from Attorney General John Ashcroft that could be considered civil violations. 

Krohn will be sending a copy of the resolution to President Bush, local congressional representatives and the United Nations High Commissioner for Human Rights in Geneva, Switzerland. 

The council's decision makes Santa Cruz the 14th city in the nation to declare that the USA Patriot Act violates human rights.

SAN FRANCISCO — Pressplay and MusicNet signed deals Thursday that give both online music companies the licenses to distribute content from all five major record labels. 

MusicNet, a joint venture of BMG, EMI and Warner, signed a deal to add the catalogs of Sony Music Entertainment and Universal Music Group to its distribution offerings. Pressplay inked a deal to distribute songs from Warner Music Group, a deal that completes its package of Big Five offerings. 

The deals give pressplay and MusicNet a clear path to begin tailoring their services to more distribution partners. Universal’s online catalog is expected to be available through America Online by the year’s end, Universal said Thursday. 

“Legitimate online music consumption is about to explode,” said Larry Kenswil, president of Universal’s eLabs. 

But the market for authorized music downloads remains unclear. Pressplay and MusicNet avoid talk of how many people have actually subscribed to their services.

Blessing ceremony held in hospital 

FREMONT — A special ceremony to get rid of restless spirits was held recently at the second floor patient care unit of the new hospital at the Kaiser Medical Center. 

Nurses that reported doors slamming, beds moving and staplers stapling on their own requested the ceremony. 

Some traditional Filipino rituals, like rocks with inscribed messages such as “peace,” “hope” and “tranquility,” were incorporated to it, said Rebecca Hathaway, director of hospital operations for Kaiser’s Fremont and Hayward facilities. 

On Nov. 4 hospital chaplain Laura Boles performed the ceremony. 

“Because we value the diversity of our employees and respect their beliefs, we decided to accommodate this request and lead a blessing ceremony in the hospital,” said Boles in a statement released Wednesday. 

The ceremony took place about 7 a.m. and involved about six people, Hathaway said. No patients were in the ward at the time. 

Hetch Hetchy pipeline back up 

SAN FRANCISCO — The head of San Francisco's Public Utilities Commission Thursday promised an investigation into what went wrong along a Hetch Hetchy pipeline this week and said water flow should return to normal shortly. 

Pat Martel said divers Wednesday evening made their way to the spot along a gate valve near Modesto where a pin had broken and replaced it, in addition to welding a broken coupling within the valve structure. After that action, around 5 p.m., the gate could open again. 

This was actually a second round of repairs to avoid the possibility of water rationing and get water flows back to normal for the region's 2.4 million customers. 

The first difficulties began Sunday, according to a department representative, when the leak at the San Joaquin Pipeline No. 3 led to an enormous geyser and a resulting drop in transported water. After that local reservoirs were tapped and suburban water users asked to draw upon other resources such as groundwater as much as possible, under emergency plans made previously. 

Archaeological finds to be protected 

CONCORD — The Navy’s recent decision to lease a former Indian village and burial ground to the city for a community park has raised questions about how to protect any archaeological finds, while still moving ahead with development. 

The Chupcans tribe lived for hundreds and possibility thousands of years at the village site in Concord where skeletons were plowed up 65 years ago during grading. The tribe lived in Central and Eastern Contra Costa County and perhaps parts of Solano County. 

“Here in our very back yards is an opportunity for school children to learn California wasn’t just settled in 1959,” said Dean McLeod, a Contra Costa Historical Society member who is writing a book on the Chupcans.

WASHINGTON — Rep. Nancy Pelosi, a California liberal, easily won election Thursday as leader of minority House Democrats and swiftly set a goal of crafting a “down the center” program for economic growth. 

“Hopefully, we can find a great deal of common ground with Republicans” across a range of issues, said the 62-year-old, a veteran of 15 years in Congress. “But where not, we will put up the fight.” 

With her victory, Pelosi became the first woman leader of either party in Congress. “I’ve been waiting over 200 years,” she quipped, but the triumph, when it came, was an easy one. She defeated Rep. Harold Ford of Tennessee on a vote of 177-29. 

Pelosi takes the helm of a party that has been out of power in the House for eight years, and suffered a dispiriting loss of seats in last week’s elections. She succeeds Rep. Richard Gephardt of Missouri, who stepped down after four terms as minority leader. 

In the run-up to the leadership election, Pelosi’s Democratic critics had said her liberal brand of politics could pose a problem for a party struggling to regain a majority. But she moved to blunt such criticism in the hours before her election, appointing Rep. John Spratt, a South Carolina moderate with experience in military and budget issues, as her assistant. 

And on Wednesday night, she was among a minority of the Democratic rank and file to vote in favor of legislation creating a Department of Homeland Security, a measure that drew criticism from organized labor. 

In remarks to reporters, Pelosi stressed that Democrats “stand shoulder to shoulder with the president in support of our young men and women in uniform, and in the fight against terrorism.” 

“Where we can find common ground on the economy, and on other domestic issues, we shall seek it,” she said. “...Where we cannot find that common ground, we must stand our ground.” 

The election marked a personal triumph for Pelosi who came to Congress in 1987 and was elected to the second-ranking leadership position a year ago. She has used her time in the House to concentrate on intelligence issues as well as the concerns of her district in San Francisco, combatting AIDS among them. 

It also marked a watershed event for Democrats, who elected a new top-to-bottom leadership for the first time since losing their majority in 1994. 

Rep. Steny Hoyer of Maryland was elected whip. New Jersey Rep. Robert Menendez, a Hispanic, won the race to become chairman of the caucus, and Rep. James Clyburn, a former head of the Congressional Black Caucus, was elected vice chairman of the caucus, the fourth-ranking leadership post. 

“Isn’t this a picture of America?” Pelosi said as the new leaders emerged from their closed-door caucus. 

Republicans on both sides of the Capitol said they welcomed the election of a liberal from the West Coast to lead the Democrats. “It means the Democratic party will shift much further to the left,” said Sen. Bill Frist, R-Tenn., outgoing chairman of the GOP senatorial campaign committee. 

Democrats disputed that. “The morale is buoyant. She is our leader. She is going to lead us to majority status and Tom DeLay is going to be her foil,” said Rep. Jim Moran, D-Va. DeLay, the combative conservative Texas Republican, was elected majority leader by House Republicans on Wednesday. 

Pelosi sidestepped a question about setting a contrast with DeLay, saying Democrats would seek to “build a consensus around an economic growth message, and that will be right down the center. So it’s not about contrast right to left. It’s about a message for economic growth.” 

She offered no hint on what elements would be included in a new Democratic economic program. The party did not offer a budget alternative to the GOP spending blueprint last year. And mindful of numerous competitive congressional races in the South and the West, Gephardt declined to call for the repeal of portions of Bush’s tax cuts that have not yet taken effect.

LOS ANGELES — Harry Potter’s got his work cut out for him to match his box-office grades from freshman year. 

The boy wizard’s second film adventure, “Harry Potter and the Chamber of Secrets,” opens Friday on even more screens in more theaters than “Harry Potter and the Sorcerer’s Stone” did a year ago. 

But it may face a bit of a sophomore jinx. Distributor Warner Bros. concedes “Chamber of Secrets” may have a hard time equaling the $90.3 million opening weekend of “Sorcerer’s Stone.” 

“There was such an anticipation for the opening of the first one that it would really be extremely difficult and unrealistic that we could open to a number quite that large,” said Dan Fellman, Warner’s head of domestic distribution. 

As they did for “Sorcerer’s Stone,” night owls lined up Thursday night for the earliest screenings, a minute after midnight, although with somewhat less frenzy this time and perhaps in smaller numbers. At the Times Square Loews, where the film was showing on two screens, tickets were still available shortly before midnight. 

“Last time there were thousands of people, it seemed like,” said Jeff Duncan, 25, of Manhattan, who arrived with two friends to see the first showing, just as he did for “Sorcerer’s Stone.” Fearing a sellout, he had bought his tickets in advance. 

Elizabeth Evans and her husband, Peter Emery, stopped on an impulse on their way home to Brooklyn. The couple, semiretired opera singers in their late 40s, said they have read all the books and loved the first Potter film. 

“We can’t go if we don’t go tonight, it would be a few days, and who wants to wait,” Evans said. “I’ve been waiting all year.” 

“Sorcerer’s Stone” held the record for best opening-weekend gross until “Spider-Man” rolled in last spring with a $114.8 million debut. 

Adapted from the second of J.K. Rowling’s best-selling books, “Chamber of Secrets” follows Harry through year two at Hogwarts School of Witchcraft and Wizardry, where he has a rematch with the evil conjurer who killed his parents. 

“Chamber of Secrets” will open in a record 3,682 theaters, 10 more than “Sorcerer’s Stone,” and play on a record 8,500 screens, up about 400 over the first film. 

While it may not break cash records, early reviews generally are calling “Chamber of Secrets” a better movie than “Sorcerer’s Stone.” That’s a sign the new film may have more staying power and eventually exceed the $317.6 million total taken in by “Sorcerer’s Stone.” 

“We’ve seen a lot of sequels besting their predecessors lately,” said Paul Dergarabedian, president of box-office tracker Exhibitor Relations. “Everyone’s saying this one’s better, so the buzz is there.” 

Fandango’s advance sales for “Chamber of Secrets” were running comparable to those for “Sorcerer’s Stone,” Levitt said. 

Warner Bros. has tried hard to ensure that “Harry Potter” works the same magic again. Child stars Daniel Radcliffe, Emma Watson and Rupert Grint returned for part two, along with key adult cast members and director Chris Columbus. 

The filmmakers again followed the text of Rowling’s novel as inclusively as possible, producing a two hour, 41 minute movie — long by family film standards. 

Special effects are improved, and Columbus injects more action and a darker tone into “Chamber of Secrets.” 

“I knew we wanted to get it darker and edgier and more intense, more exciting. The first one had 45 minutes of introduction. This film, we got into the story” right away, Columbus said. 

The sequel also is opening in eight other countries Friday. It will be on about 1,270 screens in Great Britain, up about 70 over “Sorcerer’s Stone,” and on nearly 1,000 in France, up from 900 for the first film.

SACRAMENTO — California faces a budget deficit of more than $20 billion for the second straight year, Legislative Analyst Elizabeth Hill said Thursday. 

State revenues are slumping, personal income growth is sluggish and some of the money Gov. Gray Davis included in this year’s spending plan is not materializing, said Hill, the Legislature’s nonpartisan economic adviser. 

Lawmakers will be forced over the next 19 months to fill in a $21.1 billion deficit — one quarter of the state’s total general fund budget — and could face $12 billion to $16 billion shortfalls for at least six more years, she said. 

“There is no easy way out of this predicament,” Hill said. 

While Davis, who has made education the core of his first-term program, has spared most K-12 school programs from heavy cuts, they may be unavoidable now, Hill said. The expected drop in revenues automatically decreases the legally required minimum amount of spending on schools by about $1.9 billion. 

The new revelations echo those in several other states and increase the chances that Californians will be saddled with increased taxes and dramatic cuts to health, welfare and schools. 

Davis’ financial team is “considering all the options” and knows “we can’t do that without reducing or eliminating programs,” said Anita Gore, a spokeswoman for the governor’s Department of Finance. 

Davis will present his budget plan in January, although he may propose midyear cuts earlier, Gore said. She did not rule out tax increases but said Davis will first focus on cutting programs. 

Last year, Davis called an emergency session of the Legislature to enact more than $2 billion in midyear cuts. He then signed a $98.9 billion 2002-03 budget on Sept. 5 — a record 67 days late — that cut, borrowed and raised revenues to fill a $23.6 billion gap. 

But many, including Hill, predicted continuing deficits and said the governor and Legislature have exhausted easier, one-time fiscal fixes such as tapping into future funds from a nationwide tobacco settlement. 

Now, weak revenues, a plunge in exports and the decline of the stock market have translated to a $6.1 billion deficit in the current year that will grow — if not addressed — to $21.1 billion in the new fiscal year that begins July 1, according to a 39-page report issued by Hill’s office. 

“We’ve really seen a weak economic performance for the first 10 months of 2002,” Hill said. 

Plus, Davis’ current-year budget is out of balance partly because federal funds and savings built into the current spending plan never developed. For instance, a proposal to offer early retirement incentives to state workers derailed after most state departments declined to participate. 

Lawmakers must put “everything on the table” to repair the problem, Hill said, which means tax hikes, heavy cuts to programs and college tuition increases. 

“California policy makers are going to face an enormous challenge,” Hill said, adding that Davis should ask lawmakers to make midyear budget cuts. 

Republican lawmakers seized on Hill’s report Thursday to blast Davis’ and the Democratic-controlled Legislature’s handling of the budget. 

“If wasn’t clear enough last year, it should certainly be crystal clear this year — Democrats have failed Californians,” said John Campbell of Irvine, the Republicans’ chief budget negotiator in the Assembly. 

Republicans have vowed to hold back their votes — which are needed for the required two-thirds passage of a budget, tax increases and other fiscal matters — if the new plan includes tax hikes. Davis last May proposed cigarette and vehicle registration tax increases but the plans were scrapped in a compromise to end a nearly two-month budget standoff. 

This year, Republicans finally agreed to a budget in late August and provided the four votes needed in the Assembly and one in the Senate. But this year, reaching the two-thirds threshold will be more difficult for Davis after the GOP gained two new seats in the Assembly and possibly one more in the Senate. Davis spokesman Steve Maviglio, meanwhile, countered the GOP criticism by citing studies that show states nationwide facing billions of dollars in deficits, including many with Republican leaders. 

Davis will submit his 2003-04 budget to the Legislature on Jan. 10. 

His finance department is also preparing its 2003-04 budget proposal. Davis has already asked state departments to prepare plans for 20 percent cuts.

SAN JOSE — Advanced Micro Devices Inc., battered by weak demand for computer chips and tough competition, said Thursday it will cut 2,000 jobs, or 15 percent of its work force. 

The cuts have been expected since the company announced earlier this year that it would substantially reduce costs and trim its staff in an effort to return to profitability. 

“While painful and unfortunate, today’s action will help to position AMD so that we can take full advantage of the eventual market recovery,” said Hector Ruiz, AMD’s chief executive. 

AMD had 13,187 employees as of the end of September. 

The company wants to reduce its expenses by $350 million in 2003. As previously announced, it will take a fourth-quarter charge of “several hundred million dollars.” 

“Our success is predicated upon a sound financial base,” Ruiz said. 

AMD — the maker of Duron and Athlon microprocessors as well as flash memory chips for cellular phones and other devices — has been struggling in recent quarters because of the weak economy, product delays and stiff competition from its larger rival, Intel Corp. 

Last week, Ruiz confirmed AMD’s fourth-quarter forecast that sales will increase 20 percent or more above the third quarter, which ended Sept. 29. 

For the third quarter, the company lost $254.2 million on sales of $508.2 million — compared with a loss of $187 million on sales of $765.9 million in the same period last year. 

Earlier this year, AMD pushed back the release of its next-generation desktop processors by several months. 

Shares of AMD closed up 26 cents to $6.59 in Thursday trading on the New York Stock Exchange.

SAN FRANCISCO — Failed online credit card issuer NextCard Inc. sought bankruptcy protection Thursday in a last-ditch attempt to come back as a financial services consultant. 

The Chapter 11 filing, made in a Delaware bankruptcy court, had been anticipated. Federal regulators seized San Francisco-based NextCard’s bank nine months ago and then cut off its credit card operations in July. 

The company had been staying afloat under a short-term service contract with the Federal Deposit Insurance Corp. The agency ended the arrangement on Oct. 31. 

A one-time darling of the dot-com boom, NextCard fell into trouble with regulators a a year ago after issuing too many credit cards to deadbeat borrowers. 

NextCard listed the taxpayer-backed FDIC as its largest creditor with a debt of $140 million. 

In court papers, the company said the FDIC last month agreed to waive the obligation in exchange for a stake in NextCard’s reorganized business or part of the proceeds if the business is liquidated. 

Either way, the FDIC figures to sustain a substantial loss on NextCard’s failure. The agency has previously estimated its losses on NextCard could run as high as $400 million. 

The Securities and Exchange Commission is investigating NextCard’s downfall. 

Despite its collapse, NextCard believes it can survive as a consultant to other financial services firms. 

NextCard “believes that such institutions can derive significant value from (the company’s) intellectual property,” Robert Linderman, the company’s general counsel, said in a sworn declaration. 

If its reorganization plan doesn’t pan out, NextCard said it will liquidate. There doesn’t appear to be much left for creditors. As of Sept. 30, NextCard said it had $18 million in assets. 

Besides the FDIC, NextCard’s other major creditors include Amazon.com Inc., which is seeking $10.5 million for an alleged breach of contract. NextCard disagrees with Amazon.com’s claim. 

The bankruptcy filing didn’t elaborate on the nature of the dispute. Seattle-based Amazon.com, which owns an 8 percent stake in NextCard, had operated an incentive program rewarding consumers that ran up big balances on NextCard’s Visa cards. 

Thursday’s bankruptcy represented another crushing blow for NextCard, which once promised to revolutionize the credit card business. 

The comedown hurt NextCard’s shareholders, customers and employees.

JARRATT, Va. — A Pakistani man who killed two CIA employees in a 1993 shooting rampage outside the agency’s headquarters was executed Thursday as the State Department warned of global retaliation against Americans. 

Aimal Khan Kasi, 38, died by injection at the Greensville Correctional Center at 9:07 p.m. 

“There is no god but Allah,” Kasi said, softly chanting in his native tongue until he lost consciousness. 

Hours before the execution, the U.S. Supreme Court rejected an appeal and Gov. Mark R. Warner denied a request for clemency, saying Kasi has “shown absolutely no remorse for his actions.” 

Last week, the State Department warned that Kasi’s execution could lead to acts of vengeance against Americans everywhere. Two days after his conviction, assailants shot and killed four American oil company workers in Karachi, Pakistan. 

Some Pakistani politicians pleaded with American officials to spare Kasi’s life, saying commutation could “win the hearts of millions” and help the United States in its war on terrorism. Hundreds of religious students protested in Pakistan this week, warning Americans there that they will not be safe if Kasi dies. 

Kasi killed CIA communications worker Frank Darling, 28, and CIA analyst and physician Lansing Bennett, 66, as they sat in their cars at a stoplight in McLean. Three other men — an engineer, an AT&T employee and a CIA analyst — were wounded as Kasi walked along a row of stopped cars, shooting into them with a semiautomatic AK-47 rifle. 

He fled the country and spent most of the next 4 1/2 years hiding in and around the city of Kandahar in southern Afghanistan. He was caught in a hotel while visiting Pakistan and was returned to the United States. 

Kasi confessed to the slayings during the return flight, saying he was angry over CIA meddling in Muslim nations. 

Security around Greensville was greatly increased, according to a prison source, but the only evidence was two correctional officers with shotguns standing on each side of the road near the prison entrance, and several officers with sidearms in front of the prison. 

Kasi spent the day in a cell only a few feet from Virginia’s death chamber. He met with two of his brothers, his attorneys and his spiritual adviser, corrections spokesman Larry Traylor said. No family members of the victims attended the execution. 

Charles R. Burke, one of Kasi’s defense attorneys, declined to say what the funeral arrangements were or when the body would be claimed. Kasi’s family said he would be buried next to his father in a graveyard of fellow tribesman near his hometown of Quetta. 

Kasi was convicted in November 1997 as Mir Aimal Kasi, but he said that name is erroneous because of a misprint on his visa. He told The Associated Press in an interview last week that he had no regrets about the killings but did not want any retaliation for his execution. Kasi’s family near Quetta, Pakistan, also pleaded for calm. 

“Kasis are a peaceful tribe. We want peaceful solutions to every problem,” said his older brother, Nasibullah Kasi. “We do not want the Kasi name to be used to harm anybody.” 

The family of Judy Becker-Darling, widow of Frank Darling, also hoped for calm. 

“We will spend time in prayer for Kasi, that God will have mercy on his soul, for his family, that there be no terrorism reprisal, and for world peace,” the family said in a statement. 

CIA Director George J. Tenet said in a statement that “our thoughts” are with the victims of the shooting.

LOS ANGELES — Authorities on Thursday raided the record label and homes of rap mogul Marion “Suge” Knight, a figure in an East Coast-West Coast rap feud that some believe led to the killings of two major stars. 

A sheriff’s spokesman said Knight is not considered a suspect. 

Meanwhile, three other people were arrested on suspicion of conspiracy to commit murder, though authorities declined to provide further details of the alleged crime. 

Theodore Peter Kelly, 29, was arrested at the offices of Tha Row Records, formerly known as Death Row Records. Arrested elsewhere were Michael Leroy Payne, 25, and Kordell Depree Knox, 37. All were being held without bail. 

Knox is a former sheriff’s deputy who was fired Nov. 1 because of his suspected involvement in an assault with a deadly weapon, Los Angeles County sheriff’s Deputy Alba Yates said. 

A total of 16 search warrants were served at Knight’s homes and at other homes and sites in the Los Angeles and Las Vegas areas. 

Yates said Knight was not considered a suspect in the investigation. Deputy Darren Harris said there was “some connection” to Tha Row Records. 

Knight and his record label have been at the center of an East Coast-West Coast rap feud that some believe was behind the unsolved killings of rappers Tupac Shakur and The Notorious B.I.G. 

Knight was riding in a car with rapper Shakur in Las Vegas in 1996 when another vehicle pulled alongside and someone opened fire, killing Shakur. Knight has said he couldn’t see who fired the shots. 

Shakur had been feuding with The Notorious B.I.G., who was shot to death six months later in Los Angeles. Both killings remain unsolved. 

Two other former associates of Knight have been shot to death this year. 

Alton McDonald, 37, a former Death Row Records production manager, was killed in April as he pumped gas at a Los Angeles service station. Henry Smith, 33, who designed the label’s electric chair logo, was killed as he sat in his parked sport utility vehicle last month. 

Knight was released from prison in August after serving five years for violating probation by getting into a fight in a Las Vegas hotel. The altercation occurred hours before Shakur was killed. 

Knight’s attorney Arthur Barens said his client was being harassed, but was willing to cooperate with investigators. 

“I have yet to see any association between the people arrested, any items taken and Suge Knight,” said Barens. “We heard they were looking for weapons. There are certainly no weapons in his home, offices or anywhere else.” 

A heavily armored SWAT team descended on Tha Row Records’ headquarters near Beverly Hills about 5 a.m., stalking the roof with drawn weapons, smashing a glass door and hauling off computer equipment and a dozen cardboard boxes. Deputies also searched luxury vehicles in the company’s lot, including two SUVs registered to Knight. 

A handgun was seized from another location, Harris said. 

The search of Knight’s $1 million former home in a gated community southeast of Las Vegas had “nothing to do with the Tupac Shakur slaying,” Las Vegas police Sgt. Kevin Manning said. 

The Los Angeles Times earlier this year concluded that Shakur was shot by a now-deceased gang member using a pistol supplied by Wallace. 

In 1999 police searched Knight’s record label offices in connection with the slaying of B.I.G., whose real name was Christopher Wallace. No charges were filed.

“Grand Theft Auto: Vice City” is the game your parents warned you about. 

Loaded with mayhem, bloodshed and opportunities for gratuitous violence, the latest in this wildly politically incorrect series is saved by the fact that it is beautifully done and a ton of fun to play. 

Developed by Rockstar North for the PlayStation 2, GTA:VC improves on one of the most popular game in PS2 history. “Grand Theft Auto III” has sold more than 6 million copies in the United States and Europe — and everyone who bought that game is likely to ante up for the latest version. 

Why? Because it’s better (or worse, depending on your point of view) in every way. 

More missions for the mob. More chances to earn cash to buy automatic weapons. More vehicles to steal — over 100, including planes, motorcycles and boats. More cops to chase you around. More places to see and go — Vice City is twice as big as III’s Liberty City. More and better weapons. 

There’s a new system that makes it far easier to hit your targets. And the soundtrack is incredible, from wild rock music to hilarious talk shows to a cast of stars handling the voice acting, including Ray Liotta, Tom Sizemore, Dennis Hopper and Burt Reynolds. 

You play as Tommy Vercetti, a down-and-out thug fresh out of stir who is given a chance by a sleazy mob boss to make a few bucks handling a series of jobs in a Miami 1980s look-alike city.

ANCHORAGE, Alaska — Laser lights are being tested at an Anchorage airport to help prevent pilots from making a sometimes fatal error — crossing in the path of other aircraft. 

The high-intensity lights are one of seven projects being tested nationwide to decrease the incidents of runway incursions, said Roger Motzko, runway safety programs manager for the Federal Aviation Administration’s Alaska region. 

Greatland Laser, LLC. of Anchorage is working with the FAA to come up with a way to make the four yellow “hold lines” — the lines on runway taxiways that pilots aren’t supposed to cross without the go-ahead from traffic control — more visible to pilots. The lines consist of two solid lines and two dashed lines. 

The laser lights are housed in emergency yellow metal canisters the size of theater stage lights. One is set up on each side of the taxiway next to the hold lines. They point toward each other about 2 feet above the reflective paint strips. 

Motzko said the nice thing about the lights is that they work better in low visibility situations. 

“As the weather gets worse, this enhancement makes that line look better,” he said. 

Ted Stevens Anchorage International Airport, the busiest cargo airport in North America, was chosen for the laser light project because Alaska pilots face more visibility obstacles than pilots elsewhere. For four months of the year, the yellow hold lines in Anchorage can be obscured by ice and snow. 

Farther to the north in the Interior, ice fog — the low-lying cloud that is a byproduct of auto exhaust and forms when temperatures fall to 25 degrees below zero — can reduce visibility to near zero at Fairbanks International Airport. 

And airport lighting, particularly at the state’s many small rural airports, occasionally is wiped out by snowplows and avalanches. 

Motzak said the problem of runway incursions is nationwide. In fiscal year 2002 ending Sept. 30, there were 338 runway incursions out of 65 million landings and takeoffs. 

Runway incursions can happen three ways: air traffic control provides the pilot with bad instructions, the pilot fails to obey correct instructions, or a vehicle or pedestrian gets too close to aircraft. 

While mistakes can have tragic consequences — 34 people were killed in 1991 when an air traffic controller at Los Angeles International Airport allowed a commercial jet to land on the same runway cleared for a commuter plane — most mistakes amount to near misses. 

For example, two years ago a Korean Air jet taking off in Chicago with more than 350 people on board averted a collision with a cargo plane that had taxied into its path. 

Last month four people were injured when a commuter jet collided with a United shuttle bus at O’Hare International Airport. 

Motzak said about 60 percent to 70 percent of the runway incursions are caused because of pilot error, mostly on smaller, noncommercial planes. 

What normally happens is that the pilot, after acknowledging an instruction to stay put from the tower, crosses the hold lines and enters the runway, Motzko said. 

“These are people making an honest mistake,” he said. 

The FAA in 2001 sent out a request to industry to come up with low-cost devices to help prevent runway incursions. The agency got 90 responses and picked six. Greatland Laser’s proposal was the seventh and last to be selected. 

Other ideas include magnetic loops in taxiways being tested at Long Beach, Calif.

ST. LOUIS — Women in St. Louis will be among the first in the nation to try a new method of birth control approved by the government last week. 

Dr. David Levine of St. Luke’s Hospital in suburban Chesterfield, who led clinical trials for Essure, will perform his first two commercial procedures Friday. On Saturday, Levine will show 16 area doctors how to do the procedure, which involves implanting a tiny device to scar fallopian tubes and takes as little as a half-hour. 

Essure is the first nonsurgical method of sterilizing women and could transform the way many women end their childbearing years. Today, sterilization is performed through an operation called tubal ligation, where doctors cut and tie the fallopian tubes to keep eggs released by the ovaries from reaching the uterus. It requires either conventional or minimally invasive surgery in which doctors work through small cuts in the abdomen. The procedure typically requires general anesthesia and can take up to a week for the patient to recover. 

The device’s manufacturer, California-based Conceptus Inc. is confident that health insurers will cover the device as they have for tubal ligations. Officials from Blue Cross and Blue Shield of Missouri said the insurance company covers tubal ligation and Essure procedures. 

Essure, in contrast, requires no cutting, only a local anesthetic and is designed to block the fallopian tubes as effectively. Most patients return to their normal activities if not the day of the procedure, then the day after, said nurse Sharon Schwab, who helped Levine with the study. 

“I think it’s a revolution in permanent contraception for women,” Levine said. 

A drawback to Essure is the procedure is irreversible, unlike tubal ligation. It also has no long-term track record. 

“I’d like to see a 10-year follow-up on 10,000 patients in carefully controlled studies,” said Dr. Sherman Silber, director of the Infertility Center of St. Louis. “I don’t think they’ve got enough cases to say it’s safer.” 

The market for Essure — which costs $980 according to the manufacturer — could be huge. Each year, 700,000 American women undergo tubal ligation. 

Levine said the procedure can be done in a gynecologist’s office. Doctors use a catheter to thread Essure into each fallopian tube. The device looks like a tiny spring and measures about 4 centimeters long. Flexible nickel and titanium coils cling to the tubes’ walls. The mesh inside the coils irritates the lining of the tubes and causes scar tissue to eventually form permanent plugs. While the scar tissue grows, women must use another type of birth control for three months. 

Levine said women need to know about this new alternative. 

“Tons of patients have been sitting on the sidelines for years taking birth control pills because they didn’t want to go to sleep and they didn’t want to get cut,” he said. 

Tia Mayer, 33, of St. Louis was looking for permanent birth control when she heard about Essure clinical trials. The mother of two daughters had been taking birth control pills every day because she didn’t want the pain associated with surgical tubal ligation. Her husband didn’t want a vasectomy. 

Mayer said she felt no pain during the procedure, which she watched on a television monitor as it took place. Afterwards, she resumed a normal day, going grocery shopping and cooking dinner that night, she said. 

The Food and Drug Administration required Conceptus Inc. to continue monitoring the women involved in the studies for five years for long-term health effects. 

The device currently is available in Australia, Europe, Singapore and Canada. 

Levine said the FDA put Essure on fast-track because the data from the clinical trials was so credible. In studies of more than 600 women followed for about 18 months, no pregnancies have resulted in patients whose devices were implanted properly. 

LAS VEGAS — Nevada’s two public universities last year released the academic records of thousands students to a regent whose review of two files prompted calls for her resignation last month. 

Regent Linda Howard asked in October 2001 for the names, ethnicity and high school grades of every freshman at the University of Nevada, Reno, and UNLV since 1997, the presidents of the two universities told the state Board of Regents. 

UNR President John Lilley reported that Howard got hundreds of pages from his school, and UNLV President Carol Harter reported that Howard received more than 1,000 pages of documents from her campus. 

Howard has not said what she did with the information, and has not responded to requests for comment.

SAN FRANCISCO — The federal government has denied a petition by environmentalists to list a type of Pacific red snapper as “threatened,” despite government estimates the population is at less than 4 percent of its unfished level and has a 50 percent chance of rebuilding in the next 170 years. 

The National Marine Fisheries Service found the petition by the Natural Resources Defense Council unwarranted Thursday. NRDC sought the listing of the population of bocaccio that ranges from Northern California to Mexico under the Endangered Species Act, and also hoped to get protection for its habitat. 

In its ruling issued Thursday, the fisheries service said with steps taken by the Pacific Fisheries Management Council to protect bocaccio, a rockfish that can live more than 40 years, it’s not expecting the fish’s population to decline dramatically in the next 170 years. 

“It will be going the opposite way from extinct,” said Rod McInnis, acting regional administrator for the fisheries service’s southwest region. 

Drew Caputo, an attorney for NRDC, said the group was disappointed by the fisheries service decision and would review it before deciding what to do. 

“The thing that’s amazing is it admits that the species has suffered a 96 percent population decline and that it happened because of the way NMFS managed the fish, but it claims it’s going to do a better job moving forward,” he said. “There’s no reason to believe they’re going to do a better job moving forward.” 

The fisheries service acknowledged it thought bocaccio was doing better than it actually was, projecting the fish would take 37 years to rebuild its population, and the government had allowed fishermen to take more fish than the population could handle. Bocaccio was formally declared overfished in 1999. 

When it realized the fish was in more danger than it thought, and that bocaccio actually had a 50 percent chance of rebuilding in 170 years instead of 37 years, the Pacific Fisheries Management Council proposed eliminating fishing for bocaccio in 2003, and limiting the amount of bocaccio taken incidentally to 20 metric tons. At its height in the mid-1970s, fishermen were taking 12,000 metric tons of the fish. 

McInnis said the fisheries service will keep bocaccio on its list of candidates for Endangered Species Act protection. 

NRDC submitted its petition in January 2001, and sued the fisheries service when it missed its January 2002 deadline. On Thursday, the fisheries service was sued again, this time by a group seeking a decision on whether to list the North American green sturgeon. 

The Center for Biological Diversity and the Environmental Protection Information Center filed the suit in U.S. District Court in Northern California. The groups say the sturgeon population is at critically low levels, and that it has declined in almost 90 percent of its range.

City officials are still trying to determine the cause of a fish kill two weeks ago that struck down approximately 50 fish at Aquatic Park. 

The fish, mostly striped bass, were found washed along the south end of the Aquatic Park Lagoon, near the Ashby Avenue on–ramp to Interstate 80. 

The city’s Waterfront Manager Cliff Marchetti said tests performed at the site by the city’s Department of Toxics did not detect the presence of contamination or an abundance of oxygen–depriving algae, the two most likely causes of local fish kills. 

A toxic spill is still considered a top possibility, though, because a small-scale spill could have dissipated before tests were performed. 

The deaths seem even more mysterious because in the two weeks following the washed-up fish, none of the thousands of other fish at the park have shown signs of illness, city officials said. 

The most accurate clues to determining the cause of a fish kill usually come from testing the dead fish, Marchetti explained. 

However, since in this case the fish were not found until they had been dead for several days, tests did not yield reliable information. 

The California Fish and Wildlife Department sometimes investigates local fish kills, but Marchetti said agency biologists would likely not research this case. 

“They usually only come if they believe they can determine the cause, or if the fish kill was random and ongoing,” he said. 

Fish kills are not unprecedented in Aquatic Park. Four years ago an infestation of red tide algae destroyed thousands of fish at the park. 

The algae, which every few years is carried from the Pacific Ocean into the bay, turns the water a brownish red and sucks out the oxygen, causing fish to suffocate. 

“That time I saw fish gasping for air at the edge of the lagoon ... the smell [of the dead fish] was just horrendous,” Marchetti said. 

Red tide algae made it into the bay again this year, but Marchetti said that it peaked two months ago and wasn’t considered a possible cause of the recent fish kill. 

In response to the fish kill, Marchetti said he has asked Aquatic park gardeners to fill out a daily check list and note new homeless encampments, broken branches, collections of trash and other disturbances to the park habitat, to better keep tabs on activity at the park.  

Contact reporter at matt@berkeleydailyplanet.net

To the Editor: 

I wonder if racism or classism is fueling Ronald Regato's complaints against loud car stereos (Daily Planet, Nov. 12). Would he be so upset if he heard a three second blast of Mozart instead of Mos Def? Equally troubling is Mr. Regato's fear-mongering language. Echoing President Bush, he calls loud car music “acoustic terrorism.” Responding to his complaint, Mayor Dean proposes one of her habitual punitive solutions – fine them. Give the police more power to stop cars, not for speeding, but for music. I suppose she prefers the constant electrical hum surrounding us at all times. 

Mayor Dean and Mr. Regato, imagine you have been locked in solitary confinement for a year. Imagine when you are released, every sound produced by human activity seems glorious, including, and especially, loud car music. If that's too much of a stretch, get out and go to a club. Open your ears to the loud music, let your mind embrace it instead of bumping against it like a brick wall. 

Maris Arnold 

Berkeley

As Berkeley residents revel in their own eccentricities, annually asking each other “how Berkeley can you be,” the same question can be posed to neighbors in Livermore. A new documentary film about the weirdness over the hill premieres this weekend at the Film Arts Festival in Berkeley. 

The weirdness is documented beginning in 1969 when Livermore residents put a few poignant objects into a time capsule and buried it in its Centennial Park. Twenty-five years later, city officials embarrassed themselves by forgetting where they put it. “Livermore,” the movie, finds the surviving contributors to help find the time capsule and tells the story of a city with a small-town attitude and a big-time nuclear weapons laboratory. 

The film, which screens Saturday, Nov. 16th, is part of the Berkeley leg of the film festival put on by the San Francisco-based Film Arts Foundation. The festival, now in its 18th year, showcases new works from the Bay Area’s rich film community from Nov. 13 - 17 in San Francisco at the Brava and Castro Theaters, and in Berkeley at Wheeler Hall on the UC campus. 

The makers of “Livermore,” Berkeley-based filmmakers Rachel Raney and David Murray, slowly meander through Livermore’s citizens and civic skirmishes. In 1969 a Native American was commissioned to carve a totem pole for the parking lot of a shopping center even though the native tribes historically associated with the Livermore area did not make totem poles. When the artist was not paid by the owners of the shopping center he donated the pole to the people of Livermore; but city officials saw fit to shorten the pole by six feet. 

So the artist, Adam Nordwall, incensed by the defamation of the totem pole, put a curse on Livermore’s sewer system. When the sewers backed up, the city quickly restored the pole and erected it in Centennial Park. 

That is only a fragment of the town’s odd history. Along with still-simmering problems of urban sprawl and controversies at Livermore’s high-profile nuclear lab, the film spotlights Ed and Olga Pfeiffer – shell collectors and amateur filmmakers who went to every Centennial event in 1969 with their 16mm camera – and photographer Bill Owens’ and his shots of middle-class Livermore in homes and backyards. Owen’s book “Suburbia” was perceived as unflattering by many people in Livermore when it was published in 1969. 

Like Owens and his still photography, filmmakers Raney and Murray don’t have to make jokes to present a warmly amusing portrait of Livermore. Making light of the suburbs is like hitting the side of a barn, and “Livermore” is in league with other suburban films like “Wonderland” and David Byrne’s “True Stories.” The images alone are funny: interviews were shot using a wide-angle lens to capture the tables, lamps, carpeting and walls surrounding the people. These shots are as much about tastefully bland furniture as they are about the subjects themselves. 

After getting to know the town, the film eventually gets around to the business of the time capsule. The city officials’ casual disorganization regarding the missing capsule becomes an organic extension of the town’s quirky history. 

A different film about a more radical history will also be shown in the Film Arts Festival. The scope of “Radical Harmonies”, a film about the grassroots development of the Women’s Music Cultural Movement, is not so broad to cover the development of women’s music. This is really the story of lesbian music, specifically, and it gives a terrific history of the origins of lesbian folk music and its festivals. 

In the late 1960’s, when using the word “lesbian” could get you thrown off stage at college campuses, a small group of women began creating their own concerts for lesbian folk singer/songwriters like Meg Christian and Cris Williamson. Through interviews, the film shows how songs about lesbian-specific subjects brought disenfranchised women together and how they realized that with a little organization they could create a bona fide community.  

The film, screening Saturday, Nov. 16 at Wheeler Auditorium, shows women making their own way in the music business by making their own industry. Lesbian folk music festivals, however insular, trained women not only to make music but to engineer music, produce music concerts, and to make and distribute their own records.  

The film features iconic lesbian performers such as the Indigo Girls and Holly Near, and also musicians not directly associated with lesbians but who nonetheless have a strong lesbian following, such as Ani DiFranco and Sweet Honey in the Rock. It gives an impressive history of an essential subculture of lesbian folk music, but “Radical Harmonies” stops short of adequately showing the broader range of women’s music.  

The Women’s Music Cultural Movement, according to the film, made efforts to open up to a more diverse range of women’s music, including Hispanic and African-American music. There were internal arguments about whether or not to include non-lesbians and men in their festivals. Relatively unknown acts like Sexpod and Bitch and Animal are featured, but glaring omissions in this film about women’s music festivals are any references to the women’s pop music festival Lilith Fair and Riot Grrl punk rock.  

While not a definitive document on the impact of lesbian music on the culture at large, “Radical Harmonies” provides a seldom-seen look into a niche music community that is both insular and nurturing.

Thursday, Nov. 14 

Unitarian Univeralist Meeting Featuring Professor Michael Nagler on Peace 

12:45 p.m. 

UC Berkeley Faculty Club  

Professor Nagler, author and founder of UC Berkeley’s Peace and Conflict Studies Program, speaks on non-violent approaches to current events. Open to all 

For more information call (925)376-9000 

Free 

Berkeley High School Community Forum 

6 to 8 p.m. 

2246 Milvia St. 

The purpose of the meeting is to help establish a long-term planning process. 

The Drug Resource Center-UC Berkeley 

6:30 to 7:30 p.m., Open House 

300B Eshleman Hall (on Bancroft) 

7;30 to 10:00 p.m., Celebration 

LaVal’s Pizza, 2156 Durant Ave 

Inaugural Event followed by an evening of food and fun, during which speakers will how the center will benifit the community. 

Berkeley Path Wanderers Meeting 

7 to 9 p.m. 

Hillside Club, 2286 Cedar St. 

Meeting to include a presentation by best- selling author Adah Bakalinsky who will speak about her book, “Stairway Walks of San Francisco” 

Free 

Grandparent Support Group 

10 to 11:30 a.m. 

Malcolm X Elementary School, 1731 Prince St. Room 105 A 

Support group facilitated by Marjorie Holloway LCSW for Kinship Caregivers and others 

644-6517 

Free 

Friday, Nov. 15 

“Imagining A World Without Prison” Opening Night Benefit 

8 p.m. to 1 a.m. 

Black Box, 1928 Telegraph Ave. 

The Prison Activist Resource Center events features dynamic speakers, music, art, and food. The exhibit, which features writing and artwork from prisoners, former prisoners, and family members of prisoners, runs Nov. 10 to 30  

For more information call 893-4648 or visit www.prisonactivist.org 

$5- $25 sliding scale 

Berkeley Free Folk Festival Meting 

4 p.m. 

2180 Milvia Way, 5th Floor, Red Bud Room 

Discuss final site location, date of 2003 festival, and volunteers 

649-1423, hlih@yahoo.com 

Free 

Saturday, Nov. 16 

Latina Leadership Conference 

9 a.m. to 4 p.m. 

UC Berkeley Campus 

Lambda Theta Nu Sorority Inc. will provide non-college bound Latinas information about options in higher education and tackle the high drop out rate of Latina girls  

Free 

Magic School Bus Video Festival 

10:30 a.m. to 1:30 p.m. 

Lawrence Hall of Science, Centennial Drive-above UC Campus, below Grizzly Peak Blvd. 

www.lawrencehallofscience.org 

Puppet Show at the Hall of Health 

1:30 to 2:30 p.m. 

2230 Shattuck Ave, lower level 

Al children adn their parents are invited to see the award-winning puppet troupe, The Kids on the Block 

549-1564 

Suggested donation $2/ children under three free 

The First Ever Integrative Medicine Conference in Berkeley 

10 a.m. to 4 p.m. 

2060 Valley Life Science Building at the UC Berkeley campus 

Interactive day of speakers and workshops exploring alternative, complementary, and integrative medicine as a whole 

For information or reservations see www.ocf.berkeley.edu/~sim/conference 

$5 with pre-registration 

Sunday, Nov. 17 

17th Annual Jewish Genealogy Workshop 

12:30 to 4 p.m. 

Berkeley-Richmond Jewish Community Center, 1414 Walnut St. 

Lectures and specialty sessions included 

Info at www.jewishgen.org/sfbajgs 

$5 for non-members 

Simplicity Forum 

7 to 8:30 p.m. 

Berkeley Public Library, Claremont Branch, 2940 Benvenue Ave. 

cecile@simplicitycircles.com 

Free 

Monday, Nov. 18 

Community Meeting 

6 to 8 p.m. 

Berkeley Alternative High School, 2107 Martin Luther King Jr. Way 

Led by the Superintendent, this discussion aims to serve as a collaboration towards establishing a long-term planning process 

R.S.V.P. to Queen Graham  

644-87649 

Berkeley High School Community Forum 

6 to 8 p.m. 

2701 Martin Luther King Jr. Way 

The purpose of the meeting is to help establish a long-term planning process. 

Women and Welfare Reform: Who Benefits and Who Loses? 

5 to 6:30 p.m. 

Women’s Faculty Club Lounge, UCB 

Lecture featuring Mimi Abramowitz of CUNY’s Hunter College 

Struggles for Racial Justice in Education 

4:30 to 6:30 p.m. 

Oakland Technical High School Library, 45th and Broadway, Oakland 

The Peace and Justice Caucus of the Oakland Education Association sponsors this event, which addresses race, youth, and education through a variety of community speakers 

654-8613 or jzern1@yahoo.com 

Tuesday, Nov. 19 

Concensus Unit: State Community College Study 

10:30 a.m. 

Berkeley Public Library, Central Branch 

Community Room 

Shattuck Ave. and Kittredge 

Sponsored by the Berkeley League of Women Voters 

549-9719 

History and Planting of Golden Gate Park 

1 p.m. business meeting, 2 p.m. program 

Epworth United Methodist Church, 1953 Hopkins St. 

The Berkeley Garden Club presents Ernest Ng, volunteer city guide, who will speak about the history and planting of San Francisco’s historic park 

524-4374 

Tuesday Tilden Walkers 

9:30 a.m. 

Meet at Little Farm parking lot, Tilden Regional Park 

Join seniors and other slower walkers and enjoy the beauty of Tilden Park 

Contact Yvette Hoffner at 215-7672 or teachme88@yahoo.com 

Berkeley Intelligent Conversation 

7 to 9 p.m. 

Berkeley-Richmond Jewish Community Center, 1414 Walnut St.  

Join the bimonthly discussion group informally led by fomer UC Berkeley extension lecturer, investment advisor and finncial planner Robert Berend. Open to all. Please bring light snacks or drinks to share. This session’s topic: To be determined by those present 

527-5332 

Free 

Wednesday, Nov. 20 

Mental Health Commission 

6:30 p.m. 

2640 Martin Luther King Jr. Way, Auditorium 

981-5270 

“Deep Healing Sleep” 

6:30 to 7:30 p/m/ 

Pharmaca, 1744 Solano Ave. 

Stress management expert, author, and Oregonian Nancy Hopps leads this integrative session 

527-8929 

Free 

Berkeley Gray Panthers General Meeting 

1:30 p.m. 

North Berkeley Senior Center, 1901 Hearst Ave. at MLK 

Covering the Nuts and Bolts of Senior Health and Safety, with guest speakers 

548-9696 

Thursday, Nov. 21 

Workshop for Homeowners 

6 to 8 p.m. 

Learn how to lower your utility bills and use building materials that are healthier for your family and the environment at a free green building workshop 

Free 

Simplicity Forum 

7 to 8:30 p.m. 

Claremont Branch Library, 2940 Benvenue Ave. 

Kerrie Hein explores spirituality, life purpose, and simplicity in this discussion session. Open to all 

549-3509 or www.simpleliving.net 

Free 

“Green Building and Remodeling” 

6 to 8 p.m. 

Building Education Center, 812 Page St. 

Special fall seminar with architect Greg Van Mechelen and the Alameda County Waste Management Authority and Recylcing Board 

525-7610 

Free 

Thursday, Nov. 14 

Peter Mulvey, Mark Erelly 

9:30 p.m. 

The Starry Plough, 3101 Shattuck Ave. 

21+ 

$10 

Alef Null 

8 p.m. 

Anna’s Jazz Bistro, 1801 University Ave. 

Moroccan and Kurdish music 

$4 

Friday, Nov. 15 

Walter “Ogi” Johnson and His Native American Flute 

7:30 p.m. 

Fellowship Hall, 1924 Cedar St. 

Fellowship Cafe & Open Mike is sponsored by the Berkeley Fellowship of Unitarian Universalists. Poets, singers, musicians, and storytellers are invited to sign up for the open mike.  

540-0898 

$5-$10 donation 

The Slackers w/ Buffalo Soldier, The Phenomenauts,The Locals and Hebro 

7:30 p.m. doors, 8 p.m. show 

Ashkenaz, 1317 San Pablo Ave. 

New York’s hot ska band, The Slackers, headline an almost non-stop evening of live reggae,ska and rock dance music. 

525-5054 

$10 

Classis Jazz with Anna de Leon 

8 p.m. 

Anna’s Jazz Bistro, 1801 University Ave. 

$4 

Cynthia Dall 

9:30 p.m. 

The Starry Plough, 3101 Shattuck Ave. 

21+ 

$8 

Saturday, Nov. 16 

An Evening of Choral Music 

7 p.m. 

Pacific School of Religion Chapel, 1798 Scenic Ave. 

A wide variety of choral styles from Bay Area groups including Voci, Opus-Q, Let’s Do It!, and New Spirit Community Church Choir 

849-8280 

$15-$20, sliding scale 

Jeff Tauber and Friends 

8 p.m. 

Anna’s Jazz Bistro, 1801 University Ave. 

$5 

Alpha Yaya Diallo 

9 p.m. doors, 9:30 p.m. show 

Ashkenaz, 1317 San Pablo Ave. 

Rooted in West African Dance Music, Diallo’s lilting style brings in an African medling of Cuban, Cape Verdean, Arabic and North American blues and Jazz. 

525-5054 

$12 

Sunday, Nov. 17 

Mingus Amungus 

4:30 p.m. 

Jazzschool, 2087 Addison St. 

This seven-piece band combines be-bop, funk and hip hop jazz. 

845-5373 

$10-$15 

A Night at the Casbah 

6:30 p.m. doors, 7 p.m. show 

Ashkenaz, 1317 San Pablo Ave. 

Alexandria & the Near Eastern Dance Company presents an evening of classical belly dance and authentic folk dance from the Near and Middle East 

525-5054 

$7 

Joanne Rand & Jenny Bird 

8 p.m. 

Rose St. House of Music, 1839 Rose St. 

The Dynamic Duo in Concert 

594-4000x687 

Mamborama 

8 p.m. 

Anna’s Jazz Bistro, 1801 University Ave. 

Brazillian Jazz 

$5 

Ceramics - Opening Reception 

Through Nov. 17 

3 to 5 p.m. 

A New Leaf Gallery, 1286 Gilman St. 

525-7621 

Free 

“Shove Off to Birthday Island” 

Through Nov. 30 

Reception Nov. 2 from 5 to 8 p.m. 

Tue. through Sat., 11 a.m. to 5 p.m.  

Ardency Gallery, 709 Broadway 

A collaborative exhibition of Tonya Solley Thornton and Frank Haines including video and sculptural installations. 

836-0831 

Children of the Gulf War Photo Exhibit 

Through Nov. 30 

Mon. through Thurs., 10 a.m. to 9 p.m. 

Fri. through Sat.., 10 a.m. to 6 p.m. 

Sun., 1 p.m. to 5 p.m. 

Berkeley Public Library, 2090 Kittredge St. 

Featuring works of Takashi Morizumi 

Information: www.savewarchildren.org 

“Recent Acquisitions” 

Through Dec. 14 

Thurs. through 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. through Sun., noon to 5 p.m. 

Berkeley Art Center 

Live Oak Park, 1275 Walnut St. 

Information: www.berkeleyartcenter.org, 644-6893 

Free 

Peaceable Kingdom 

Through Dec. 22, Weekends, Nov. 30 to 22, Weekdays, Dec 16 to 20 

10 a.m. to 6 p.m. 

Berkeley Potters Guild, 731 Jones St. 

Elephants! 

Through Jan. 12 

Daily, 10 a.m. to 5 p.m. 

Lawrence Hall of Science, Centennial Drive-above UC Campus, below Grizzly Peak Blvd. 

Daily activities, Larger than Life, 10:30, 11:30, a.m., 12:30 p.m., Elephant Tails storytelling, 1:30, 2:30, 3:30 p.m.  

www.lawrencehallofscience.org 

$8 adults. $6 youth, seniors, disabled, $4 children 3-4, Free, children under 3, LHS members, UC Berkeley students 

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. 

Thursday, Nov. 14 

Regret to Inform  

Reception 6:30 p.m./ Program 7 p.m. 

Berkeley High School Auditorium, 2234 Martin Luther King Jr. Way 

A screening and discussion with filmmaker Barbara Sonneborn. 

979-0190, liz_vogel@facing.org 

Free

Although the Cal men’s basketball team is two days away from kicking off its season, the big news on Wednesday was a group of players who won’t suit up in a Golden Bear uniform for at least another year. 

Head coach Ben Braun got official letters of intent from three of the best high school seniors in the country, including two standouts from the East Bay. Oakland Tech High’s Leon Powe and Oakland High’s Ayinde Ubaka are the crown jewels of the class, with Lincoln High (San Diego) wing Dominic McGuire also inking a pact. 

“We’re really excited to have these three guys signed up to play for us,” Braun said. “As much attention as they’ve gotten for being great players, when you get to know them as people, you’re just as impressed.” 

In signing his most highly-regarded class since arriving at Cal in 1996, Braun kept the Bay Area’s two best players close to home. Powe was once considered the second-best prospect in the nation behind NBA-bound LeBron James of Ohio, although a knee injury suffered last spring has knocked Powe down a few spots in most rankings. Ubaka, who played with Powe for Slam ‘N Jam’s AAU team two summers ago, is the West Coast’s top point guard and is ranked as high as second on national position lists. 

McGuire is Braun’s second signing out of San Diego in as many years, as current freshman Rod Benson played at Torrey Pines High. The 6-foot-7, 195-pound McGuire is rated as the 20th-best small forward in the nation by ESPN.com. 

The 6-foot-8, 230-pound Powe is one of the nation’s premier power players, a tremendous force around the basket who dominates the glass. He led his Oakland High team to the Division I state championship game last year, averaging 28 points, 14.8 rebounds and 3 blocks per game. Although a bit undersized for a power forward in the college game, he is expected to have an instant impact at Cal as the highest-ranked recruit since Jason Kidd. 

Powe has also gone through some personal tragedy. He and his siblings were separated from his mother for many years, then she died under mysterious circumstances just before last year’s state championship game. Add the knee injury that kept him from playing last summer and ended the possibility of heading straight to the NBA, and it’s clear Powe has endured more than the average high school senior. 

“Leon has been through a lot in his life,” said Braun, who has been recruiting him since the player’s freshman year. “He has a special type of toughness that comes from going through those things.” 

Ubaka is a silky-smooth point guard who has dominated competition for more than two years, bursting on the scene as a sophomore at Oakland High. At 6-foot-3 and 190 pounds, he has the size to play either guard position, although he will likely play the point at Cal.  

“Ayinde is really very gifted with the ball in his hands,” Braun said. “He’s great in the open court, and he’s hard to contain in the half-court. He can break his man down, and he really enjoys distributing the ball.” 

Ubaka moved up the national rankings with an outstanding performance at the Big Time Tournament in Las Vegas two summers ago, and he did nothing to alter that rise with his performances last season, averaging 23 points, 8 assists and 8 rebounds per game to lead Oakland High to the Oakland Athletic League championship game, where they lost to Powe’s Oakland Tech team. The two future Bears will face off again at least twice this season in the ultra-competitive OAL. 

Braun pointed out that none of the three signees took an official recruiting trip to any other school, and all three had only limited travel for summer tournaments this year in order to concentrate on academics. Although none of the players have officially qualified for the NCAA standards for incoming freshman athletes, Braun said he fully expects all three to qualify. 

The Bears can sign up to two more players for next season. One spot is expected to be taken by former Riordan High (San Francisco) star Marquis Kately, who is currently at a prep school as he attempts to qualify academically. 

Notes: Freshman point guard Richard Midgely is nearly recovered from the thigh injury he suffered earlier in the fall. Braun said Midgely may play in the exhibition on Friday, and will almost definitely be ready for the season opener against New Mexico on Nov. 23... C/F Gabriel Hughes is recovering from a herniated disk in his back and is questionable for Friday’s exhibition.

University of California President Richard Atkinson, who pushed for SAT reform and campus diversity in the post-affirmative action era, announced his retirement Wednesday and will step down Oct. 1, 2003 after eight years in office. 

“These have been extremely rewarding years – challenging, stimulating and deeply interesting years, but the time has come to bring them to a close,” said Atkinson, 73, speaking at the UC Board of Regents meeting in San Francisco. “It is also time, I might add, for my grandchildren to see more of their grandfather.” 

John Moores, chairman of the Board of Regents, said Atkinson has done “a magnificent job for this university” and called the president’s retirement announcement “a moment of considerable sadness.” 

Atkinson announced his retirement as UC enters a period of budget uncertainty. The university, which receives a significant chunk of its funding from the state, fared well in last year’s budget – taking a relatively modest $100 million cut in the face of a $24 billion state budget shortfall. 

But with next year’s state deficit expected to exceed $10 billion, university officials are concerned about further cuts. Atkinson said he is staying in office for 10 more months, in part, to shepherd the university through a shaky period in state finances. 

In the coming months, a 10-member committee, including several Regents and Governor Gray Davis, will consider candidates to replace Atkinson and recommend a finalist to the full board. 

University officials and Atkinson himself said they expect the search to be national and even international in scope, but emphasized that there are several qualified leaders in the current UC system. 

Atkinson took office in October 1995, just months after the Regents approved a resolution eliminating affirmative action in UC admissions. In 1996, California voters solidified the policy with passage of Proposition 209, which forbids any public institution to grant preferential treatment on the basis of race. 

After the demise of affirmative action, minority admissions dropped sharply on several UC campuses. Atkinson, who supported affirmative action, implemented several programs aimed at restoring diversity. 

The president expanded outreach efforts to California high schools and implemented a new program guaranteeing admission to students who finish in the top 4 percent of their classes at struggling and successful high schools alike. 

Atkinson also ushered in UC’s “comprehensive review” admissions policy which weighs intangible factors like achievement in the face of adversity alongside traditional academic measures like grades and test scores. 

Critics say the policy is an attempt to skirt Proposition 209, but advocates say it is simply a way to get a fuller picture of each applicant. 

Last year Atkinson made national headlines when he asked the university, the nation’s largest SAT customer, to consider dropping the standardized test as an admissions requirement and making use of exams closely aligned to California’s high school curriculum. He argued that students should be assessed on their mastery of core subjects rather than “vague” notions of overall talent and innate intelligence. 

The College Board, which administers the SAT, was skeptical at first. But in June, the organization approved several changes to the test – adding an essay, expanding the math section and dropping the analogies portion in favor of critical reading passages. The new test is scheduled to go into effect in March 2005 and will be administered nationwide, not just in California. 

“I’m very pleased with the changes in the SAT,” Atkinson said Wednesday. 

College Board President Gaston Caperton called Atkinson “one of the country’s most distinguished educators” and praised the president for his role in reforming the SAT. 

“When he first made his announcement, we had a strong disagreement on many things,” Caperton said. “But I think we came up with a really wonderful outcome.” 

Tim McDonough, spokesperson for the American Council on Higher Education, a Washington D.C.-based organization that represents 1,800 colleges and universities across the country, said Atkinson’s work on diversity and the SAT made him a national figure. 

Atkinson’s reconsideration of the SAT, McDonough said, has led university presidents around the country to question some of the other fundamental tenets of admissions policy, citing recent moves by Stanford and Yale universities to change their early admissions policies. 

“He’s really had a tremendous impact on higher education in the U.S.,” McDonough said. 

Atkinson has also overseen record-breaking growth in private donations and federal research grants, the groundbreaking of a new UC campus in Merced, and the extension of domestic partner benefits to UC employees. 

Before taking office as president in 1995, Atkinson served as chancellor at UC San Diego for 15 years. Upon retirement, Atkinson will return to San Diego with his wife Rita. 

Contact reporter at scharfenberg@ 

berkeleydailyplanet.net

Enforce the laws we have 

To the Editor: 

The solution to the problem of loud car stereo systems lies in enforcing existing state law, rather than passing a new city law (Daily Planet, Nov 12). 

Section 27007 of the Vehicle Code states, “No driver of a vehicle shall operate, or permit the operation of, any sound amplification system which can be heard outside the vehicle from 50 or more feet when the vehicle is being operated upon a highway....” A highway includes any street. 

Ric Oberlink 

Berkeley 

It’s one of the most vexing questions in town-gown politics: how much is the city spending on fire, sewer and other services provided to UC Berkeley? The city has decided to spend $50,000 to answer it. 

City Council voted 8-1 Tuesday night to hire a private consultant to study the issue. The vote came just one month after council rejected an Oct. 15 request for the $50,000 study by City Manager Weldon Rucker, citing concerns about the cost and need for the report. 

But with Berkeley set to enter into a new round of negotiations with the university over fees for city services, Deputy City Manager Phil Kamlarz persuaded council Tuesday night that the city needs hard numbers to strengthen its bargaining position. 

The university, as a state entity, is exempt from property taxes and certain city fees and assessments. But under a 1990 agreement with the city, set to expire in 2005, UC Berkeley pays between $300,000 and $500,000 per year for fire, sewer and other services, according to city estimates. 

City officials believe that Berkeley spends well over $500,000 on services for the university each year. If the study confirms city suspicions, Berkeley may ask for more money in the new town-gown agreement, known as the Long Range Development Plan. 

Councilmember Betty Olds, who opposed the $50,000 study in October, was the one councilmember who remained in opposition Tuesday night. 

“We study everything to death,” Olds said, arguing that the city should be able to add up the money it spends on services for UC Berkeley without hiring a $50,000 consultant. 

But Arrietta Chakos, the city manager’s chief of staff, said the city has already spent five months studying the issue and needs a consultant to finish the project. A private firm, she said, will be able to coordinate information among the various city departments and present the data in a meaningful way. 

City staff will solicit bids for the study in the coming weeks and hopes to hire a firm and present a final study next fall. 

City Councilmember Kriss Worthington, whose district stretches south of the UC Berkeley campus, welcomed the study. 

“We have to do this kind of research to effectively advocate for the whole city,” he said. “I think the city manager is being prudent by not walking into these negotiations blindly.” 

Worthington and Chakos said it is time for the city to consider the cost of services not covered by the current Long Range Development Plan. For instance, Chakos said, the city spends a considerable amount of staff time on planning and traffic control for university construction projects. 

University officials could not be reached for comment. 

Contact reporter at scharfenberg@ 

berkeleydailyplanet.net

To the Editor: 

On behalf of everyone who works at the Berkeley City Animal Shelter, all the volunteers who give their time and love to the animals at the pound, the adopters and foster homes who take shelter animals into their homes, the animal rescue organizations who have become partners with the city of Berkeley to lower euthanasia, and the campaign committee, thank you for approving Measure I to construct a new animal shelter. 

Jill Posener 

chair, Measure I Campaign 

UNITED NATIONS — Saddam Hussein’s government agreed to a tough U.N. resolution on weapons inspections Wednesday, declaring it wants to save the Iraqi people from war. But the harsh tone of Iraq’s acceptance letter raised questions about how it would treat the arms inspectors. 

Although Iraq agreed to stringent new terms, President Bush warned he had “zero tolerance” for any Iraqi attempts to hide weapons of mass destruction and said a coalition of nations is ready to force Saddam to disarm. 

In a nine-page letter arriving two days ahead of a deadline, Iraq said it wants to prove to the world that it has no weapons of mass destruction. But the letter was laced with anti-American and anti-Israeli statements as well as stern warnings for U.N. weapons inspectors, whose advance team is to arrive in Baghdad on Monday. 

In contrast, Iraq’s U.N. ambassador, Mohammed Al-Douri, said his government had chosen “the path of peace” and its acceptance had “no conditions, no reservations.” 

Still, the strident tone of Iraqi Foreign Minister Naji Sabri’s letter to U.N. Secretary-General Kofi Annan, which included warnings about how Baghdad expects inspectors to behave, raised concern about Iraq’s plans to cooperate with the resolution. 

After meeting with Bush in Washington, Annan said he would wait to see whether the letter’s language “is an indication that they are going to play games. ... I think the issue is not their acceptance, but performance on the ground.” 

Under the resolution, the inspectors have until Dec. 23 to begin their duties. Following the advance team, a small group of inspectors are scheduled to start work on Nov. 25, said Ewen Buchanan, spokesman for U.N. chief inspector Hans Blix. 

The resolution calls for inspectors to report to the council 60 days after they are officially on the job. But if Iraq fails to cooperate, the resolution orders inspectors to immediately notify the council, which will discuss a response. 

By Dec. 8, Iraq must declare all its chemical, biological and nuclear programs, according to the terms of the resolution. 

Al-Douri said his government has nothing to fear from inspections because “Iraq is clean.” 

In the letter, Sabri accused Bush and British Prime Minister Tony Blair of fabricating evidence that Iraq possessed or was on its way to producing nuclear weapons — and had already stockpiled biological and chemical weapons. 

“The lies and manipulations of the American administration and British government will be exposed,” Sabri said. 

He also warned that Iraq plans to closely monitor the inspectors while they are in the country. In 1998, Baghdad accused inspectors of spying for the United States and Israel. 

Under Security Council resolutions adopted after Iraq’s 1990 invasion of Kuwait, U.N. inspectors must certify that Iraq’s nuclear, chemical and biological weapons programs have been eliminated along with the long-range missiles to deliver them. Only then can sanctions against Iraq be lifted. 

Iraq’s acceptance culminates a two-month campaign that began with Bush’s Sept. 12 speech to the U.N. General Assembly challenging world leaders to deal with Iraq’s failure to comply with the international demands to disarm. 

On Tuesday, Iraq’s parliament rejected the resolution, but it has no power and Annan and others said they would wait for the official government response. 

Bush declined to discuss the letter, though he thanked the U.N. Security Council for unanimously adopting the U.S.-backed resolution last Friday. 

White House spokesman Scott McClellan said the test of Iraq’s compliance would come in Baghdad’s actions. 

“We’ve heard this before from Saddam Hussein and the Iraqi regime,” he said. “The U.N. resolution is binding on Iraq, and the Iraqi regime. Saddam Hussein had no choice but to accept the resolution.” 

Officials in Russia, which has long-standing economic and political ties to Iraq, welcomed Saddam’s decision to accept the return of inspectors. 

“We were confident that Iraq would make this decision, which opens the way for a political resolution of the situation,” Russian Foreign Minister Igor Ivanov said. “Now it is important that the international inspectors quickly return to Iraq.” 

In Baghdad, state-run television announced Saddam’s acceptance of the Security Council resolution two hours after Iraq’s U.N. Ambassador Mohammed Al-Douri told the rest of the world. 

Iraqi TV showed images of Saddam, in a dark suit and tie, presiding over a meeting of his Revolutionary Command Council, made up of senior military officers. The picture was frozen on the screen while an announcer read the message recounting at length a history of Iraq’s dispute with the United Nations. 

China’s deputy U.N. ambassador Zhang Yishan, the current Security Council president, notified the 14 other members of Iraq’s acceptance. 

“Members of the Security Council welcomed the correct decision by the Iraqi government,” he said. 

The advance team that will arrive in Iraq on Monday will be led by Blix, who is in charge of biological and chemical inspections.

To the Editor: 

I just received a call from a disability group selling long-life light bulbs and several other products. I appreciate the fact that they are trying to provide a service by selling usable products rather than just asking for donations outright. Unfortunately, long life lightbulbs are a disservice to their customers.  

By far, the biggest cost in lighting is the cost of the electricity consumed. With a standard 100W incandescent light bulb, you typically spend $12.60 on electricity (lowest residential rate) compared to $1 or less for the bulb itself. The most cost efficient lighting for residential use is fluorescent lighting which produces four times the light output per watt (or dollar of electricity) and has ten times the life of standard incandescent light bulbs. The new triphosphor fluorescent lights with the electronic ballast are even better – far better light quality with absolutely no flicker or annoying hum. The next step down is quartz halogen bulbs with twice the light output per watt and twice the life of standard incandescent light bulbs.  

Standard light bulbs are designed for 750-1000 hours usage. Long life lightbulbs are made with a slightly longer filament which reduces the temperature of the bulb and shifts the color even more to the red end of the spectrum. This greatly reduces the light output at the same cost for electricity. If you want less light, you should buy a lower wattage standard life light bulb.  

Actually, the most cost effective incandescent light bulb would be designed for 100-200 hours life. Long life lightbulbs are a big step in the wrong direction. 

Osman Vincent 

Berkeley 

OAKLAND — Oakland police Wednesday identified two men killed in separate shootings late Tuesday and early Wednesday, slayings that pushed the city's grim tally of homicides to 99 this year. 

Kerry Thompson, 24, formerly of Oakland but with a most recent address in Hayward, was shot in the 600 block of 31st Street in West Oakland on Tuesday at 9:15 p.m., according to Homicide Lt. Brian Thiem. 

“Multiple shots were fired, neighbors called the police, and we found him lying dead in front of a house,” Thiem said. “There is no motive, no nothing.” 

The 99th homicide of the year occurred within one block of Highland Hospital in the 1900 block of East 30th Street today at 2:48 a.m., Thiem said. Alandos Faulkner, 33, of Oakland, was shot and killed on the street near his vehicle. Two men were seen running from the scene, Thiem said. 

“There's not much to go on,” Thiem said of the early-morning shooting.

n Stabbing 

Police are searching for a suspect who stabbed three men on the 2300 block of Telegraph Avenue at 7 p.m. Tuesday. According to police, the three men were walking two dogs, when the suspect, carrying a boom box radio, walked by them and flicked his cigarette at one of the dogs. The dog’s owner confronted the suspect and after a brief argument the fight was on. During the brief battle, the suspect struck all three of the victims with a sharp object that none of the victims had actually seen. Only after the suspect had fled north on Telegraph did the victims realize they had suffered stab wounds. One victim, who was stabbed in the stomach, was kept overnight at a local hospital for observation. The other two were treated and released.  

n Counterfeit check 

A customer at an ice cream shop on the 2100 block of Shattuck Avenue tried to pass off a counterfeit $50 Travelers Check Friday. According to police, a store clerk refused service and the suspect fled the shop. 

– Matthew Artz

SAN FRANCISCO — Hospital workers at Stanford and Lucile Packard Children’s hospitals walked off the job Wednesday to protest the last offer in their contract negotiations. 

“We rejected the last and best final offer of the administration because of two reasons: There is no guarantee that we will have a voice over staffing, and there is not guarantee of job security,” said Lourdes Arafiles, an intensive care unit secretary who has worked at Stanford for the last four years. 

The Service Employees International Union Local 715 rejected the hospital’s latest offer Friday. 

Maria La Ganga, a spokeswoman for both hospitals, said they offered to create a joint labor and management committee to give employees a greater voice in patient care and staffing decisions. 

But union spokeswoman Isobel White said the final decisions of that committee would ultimately be made by management. 

“We want joint committee made of an equal number of members and management so it would be both parties that make the final decisions,” White said. 

So far, some 60 San Francisco Bay area hospitals have agreed to the formation of such committees. 

La Ganga also said the hospitals offered a raise of 21 percent spread over three years. 

About 1,400, or 90 percent of the workers, participated in the one-day strike, said union spokeswoman White. They included nursing assistants, lab technicians and housekeepers. 

Hospital officials said they have contacted a federal mediator to help with the negotiation process. 

The hospitals canceled all elective surgeries scheduled for Wednesday, and emergency rooms were fully operating, La Ganga said. 

“This is a one-day strike by support staff. These are important and valued workers, but they are not doctors or nurses. Our doctors or nurses continue to be on the job helping to provide the high-quality care we are known for,” La Ganga said. 

La Ganga said that of the workers on strike, only half were scheduled to work Wednesday. Other employees covered their jobs. 

“We have been able to fill all positions largely by redeploying or training other workers,” she said. “For example, registered nurses have been filling the work done by nursing assistants.”

SACRAMENTO — California’s racial subgroups have been showing big improvements in math and reading, although black and Hispanic students continue to score below national standards, according to a report by the state Department of Education. 

The report examined trends in scores for the Stanford Achievement Test, or SAT-9, which allows educators to compare how California students stack up in math and reading against other kids around the nation. 

When breaking scores down by racial subgroups, it found that all groups improved at a comparable rate in both academic categories between 1998 and 2002. 

Black, American Indian, Pacific islander and Hispanic second-graders made the greatest strides in the percentage of students scoring above the 50th percentile. They increased 21 to 25 percentage points in math and 16 to 19 points in reading over the five-year period. Those improvements are compared to the overall state average gains of 19 and 13 percentage points, respectively. 

Overall, students had the biggest gains in grades 2 through 7, with the rate of improvement generally slowing down in the higher grades. Black, American Indian, Pacific Islander and Hispanic high schoolers are all still scoring below national levels. 

Black students posted the lowest scores with only 21 percent of 11th graders scoring above the 50th percentile, only one percentage point up from 1998 scores. 

This year, almost 4.6 million kids took the SAT-9, which is part of the Standardized Testing and Reporting, or STAR exam, which is given annually to students in grades 2 through 11. The six-hour STAR test also includes the California Standards Test, or CST, which tests curriculum unique to California classrooms.

Cheating probe comes to an end 

ROSS — The Branson School’s probe of allegations that as many as 100 students might have cheated on the Scholastic Aptitude Test ended with one student serving a three-day suspension for “an error in judgment.” 

Paul Druzinsky, Branson’s head of school, said Tuesday the rumors of extensive cheating on the Oct. 12 test could not be corroborated. 

One student admitted to stealing a glance at another student’s test at her table. 

The student, whose name was not made public, completed her suspension and was back in school. 

The rumors of SAT cheating at the Ross private prep school ranged from students sharing answers when the proctor left the room to transmitting answers to each other on hand-held devices.

SAN FRANCISCO — A gate that got stuck days ago, when workers repaired a pipeline hole spewing millions of gallons of Hetch Hetchy reservoir water into the air, is reducing the water supply to the San Francisco Bay area. 

Bay Area water districts have been forced to supplement the shortage with water from their reserves, but customers had not been affected as of Wednesday. 

To fix the 2-inch by 3-inch hole in the pipeline near Modesto on Sunday, workers had to shut down a 30-mile stretch of pipeline. To do that, they had to close a major gate in the system, and the gate got stuck when they tried to open it back up. 

The gate controls water flow to the three major lines pumping water from the Hetch Hetchy reservoir in the Sierra Nevada to the Bay Area 160 miles away. The blockage has cut the water supply to the Bay Area’s 2.4 million customers by about half. 

On average, the system delivers 210 million to 240 million gallons of water daily to the Bay Area. On Tuesday, demand for water was only around 197 million gallons, and the San Francisco Public Utilities Commission was able to deliver 198 million gallons from Hetch Hetchy and water treatment plants in Sunol and on the San Francisco Peninsula, said Patricia Martel, general manager of the SFPUC. 

A dive team checked out the gate Wednesday to see what caused it to get stuck and was working to get it open, but there was no word on when the pipeline would be unblocked. 

In the meantime, the SFPUC asked local water agencies to forego using Hetch Hetchy water during the peak hours of 5 a.m. to 9 a.m. and 6 p.m. to 8 p.m. 

The Alameda County Water District, which gets about 30 percent of its water from Hetch Hetchy, was pumping more groundwater to make up the difference, said district General Manager Paul Piraino. 

“We have not really seen any specific effects from the voluntary cutbacks,” he said. 

The hole in the 1960s-era pipeline and the blockage came about a week after San Francisco voters approved a $1.6 billion bond to upgrade the water system, parts of which date to the late 1800s. Its pipes and tunnels cross three major earthquake faults — the San Andreas, Hayward and Calaveras faults — and scientists have said a strong quake could leave several cities without their main water source.

The Berkeley Rent Board receives more than 300 inquiries a week ranging from very specific questions about individual units, to broader questions about rent control in general. In this column we will reproduce some of the more interesting questions and answers. Our topics will include permissible rent ceilings, the effects of vacancy decontrol, permissible grounds for eviction, habitability of units, the rules concerning security deposits and other issues of interest to renters and property owners. You can e-mail the City of Berkeley Rent Stabilization Board at rent@ci. berkeley.ca.us with your questions, or you can call or visit the office at 2125 Milvia Street, Berkeley, CA. 94704 (northeast corner of Milvia/Center Streets) Monday, Tuesday, Thursday and Friday, between 9 a.m. and 4:45 p.m., and on Wednesday between noon and 4:45 p.m. Our telephone number is (510) 644-6128. Our Web site address is www.ci.berkeley.ca.us/rent/. 

Question: 

A year ago I signed a one-year lease that said my first month’s rent was free, and my monthly rent thereafter was $1000. My landlord reported my rent to you as $1000, which I found out is listed in your database as the rent ceiling. But since I paid only $11,000 during the term of my lease, that works out to just $916.67 a month. Should my rent ceiling be $1000 or $916.67? 

Answer: 

Your rent ceiling is $916.67. For tenancies beginning on or after January 1, 1999, the Rent Stabilization Board considers the rent ceiling the average monthly rent paid during the lease term. This prevents built-in increases in subsequent years; for example, if you paid $11,000 total rent in the first year, and you continued to pay $1000 per month the next year, you would pay $12,000 total during your second year. This would mean your rent increased by $83 per month in the second year, without authorization from the Rent Board. So, at the beginning of the second year, your monthly rent should be $916.67. You should write to the Rent Board, and attach a copy of your lease, asking to have your rent ceiling lowered. We will notify the landlord that the ceiling appears to be $916.67, giving him a chance to dispute the facts. If we revise the ceiling and your landlord still demands $1000 per month after the first year, you may file a petition with our office alleging your landlord is charging illegally high rent. 

Question: 

I don’t understand why I am paying $350 more in rent than my neighbor, when our apartments are virtually identical. 

Answer: 

No law states that a landlord must charge comparable rents for comparable apartments, even for tenancies beginning at the same time, except that a landlord may not charge a tenant a higher rent for discriminatory reasons. The discrepancy probably results from the Costa-Hawkins Rental Housing Act, which implemented full vacancy decontrol beginning in 1999, allowing landlords to charge a “market” rent (whatever rent they can get) when a new tenancy begins. For three years before that, rents for new tenancies were tied to the amount the previous tenants paid. Thus, if your tenancy began in or after 1999, and your neighbor moved in before 1999, the disparity in rents is not surprising.

SAN FRANCISCO — PG&E Corp. on Wednesday reported a 40 percent drop in its third-quarter profit, dragged down by the bankruptcy costs of its utility and deepening troubles at the company’s unregulated energy trading division. 

The San Francisco-based company earned $466 million, or $1.19 per share, for the three months ended Sept. 30, down from $771 million, or $2.12 per share, from the same time last year. Revenue totaled $4 billion, an 8 percent increase from last year. 

Despite the plunge in its reported net income, PG&E said its operating profit rose slightly from a year ago. 

After stripping out accounting charges and the extra revenue that PG&E’s utility is allowed to collect to cover its past costs, the company said it made $274 million in this year’s quarter compared with $256 million last year. 

The third-quarter operating profit translated into 69 cents per share, topping the consensus estimate of 60 cents per share among analysts polled by Thomson First Call. 

PG&E’s shares gained 23 cents to close at $11.60 Wednesday on the New York Stock Exchange. 

The third-quarter results included $107 million in charges tied to California’s past energy woes and the 19-month-old bankruptcy of the company’s biggest business, utility Pacific Gas and Electric. PG&E hopes to extract the utility from bankruptcy proceedings by May 30 next year. 

PG&E will lose $20 million per quarter if the utility remains stuck in bankruptcy beyond May 30, company executives told investors during a conference call Wednesday. 

The deteriorating finances of PG&E’s National Energy Group, a formerly thriving power wholesaler, is emerging as a bigger problem for the company. 

The parent company warned National Energy will begin defaulting on its outstanding debt Thursday when the division will miss a deadline on a scheduled $431 million payment. All told, National Energy could default on nearly $1.5 billion in obligations during the next six months, PG&E executives said Wednesday. 

Seeking to avoid bankruptcy, National Energy is trying to negotiate new deals with its lenders and bondholders. The alternatives could require National Energy to relinquish power plants. 

“This is a complex and challenging undertaking,” Peter Darbee, PG&E’s chief financial officer, said during Wednesday’s conference call. “We very much believe there is a path to resolution that can work for all parties involved.” 

The solutions will probably force PG&E to absorb substantial charges either in this year’s final quarter or next year, executives said. Writing off all of National Energy’s assets would result in a $1 billion loss, PG&E management said. 

The parent company absorbed $97 million in third-quarter charges to account for cutbacks and other financial adjustments that the company has made to cushion the blow from National Energy’s downfall.

SAN FRANCISCO — EMI Recorded Music announced Wednesday it has expanded its online music distribution program to offer more CD burning options and “permanent” song downloads that can be transported to some portable devices. 

In the past, EMI’s online music selection — sold through distributors such as MusicNet, pressplay and Listen.com’s Rhapsody service — was somewhat restricted in that the music only could be listened to as long as the service subscription was active or as streamed audio content tethered to the desktop. 

EMI’s new deal means, beginning Dec. 1, that online music buyers will be able to burn songs from EMI’s catalog up to three times to blank CDs or transfer them to a limited number of portable digital music players that can play the files — though they contain digital rights management, a copy protection scheme. 

It’s still unclear how many paying customers have signed up for the services of online music sellers, and the leading companies have been reticent to divulge the number of people using Napster’s more legitimate replacements.

LOS ANGELES — Days before the premiere of “Harry Potter and the Chamber of Secrets,” the film’s producer said it fears pirated copies are showing up on the Internet. 

Warner Bros. said in a statement Tuesday that an illegal copy of the film has appeared on the Internet, which often contains bootleg copies of films, even before they hit theaters. 

The studio later retracted the statement in a phone call to The Associated Press, saying reports of bootleg copies hadn’t been substantiated. But an AP search discovered what appeared to be the movie available on a site hosted in Europe. 

According to the site, the film had been downloaded more than 500 times already. Because it takes hours to download such files it was not immediately possible to verify that they contained the movie. 

“The illegal copying and distribution of movies is theft,” the studio said.

LOS ANGELES — Many Iraqi-Americans fear that war is inevitable despite Saddam Hussein’s decision to allow U.N. weapons inspectors into the country. 

A sampling of lawyers, doctors and activists in Southern California, with an estimated 85,000 Iraqi-Americans, viewed the Iraqi dictator’s gesture, announced Wednesday in a letter delivered to the United Nations, as a stalling tactic by a man who will do anything to remain in power. 

There is little chance Saddam will be able to meet all the requirements spelled out in the resolution, the dissidents said, which would likely force a military showdown with the United States. 

The real test, in the words of Dr. Ridha Hajjar, the imam, or religious leader at Ahlul Beyt Mosque in Pomona which serves a predominantly Iraqi-Muslim congregation, lies in the long-term changes to come. 

“What happens after the inspections?” asked Hajjar, 62. 

U.S. policy makers and foreign diplomats are quick to cite the fine points of U.N. resolution 1441, which grants weapons inspectors unfettered access to any site in Iraq suspected of storing biological and nuclear weapons. 

But Iraqi-Americans remember an order 11 years ago that, had it been enforced, might have made the new resolution unnecessary. 

“There is no direct mention to resolution 688,” the 1991 U.N. decree that called for democratic reform in Iraq, said Labib Sultan, a professor of computer science at San Diego State University. 

Sultan, who moved to California three years ago and still has brothers and sisters in Iraq, said a change of government is the only way to ensure long-term stability in the region. 

“The reality is this: tomorrow they remove the weapons of mass destruction. What warrants that Saddam will not rebuild them again?” Sultan asked. “The U.N. inspectors will not be able to stay in Iraq all of their lives.” 

He is worried that Iraqi citizens will again have to bear the brunt of war. 

“The way we look at it, we are also very interested in the removal of the weapons of mass destruction because Saddam used them against our civilians,” Sultan said. “If the war has to come, it should be a war against Saddam, not a war against Iraq, because our people have suffered enough.” 

Ban Al-Wardi, 28, an immigration lawyer in Los Angeles, said she believes the United States intends to go to war with Iraq, despite the guise of diplomatic efforts. 

“The entire resolution is basically a pretext for war,” Al-Wardi said. “And I don’t see any slowdown in the military buildup on the border of Iraq.” 

She said she spoke by telephone with relatives in Baghdad recently and she fears for their well-being. 

“Everyone is just preparing for war,” she said. “I have a couple of cousins who are in college and they are not even registering for college next semester because they are afraid it will be blown up. They are just giving up.” 

DENVER — State biologists are hoping to introduce 150 more Canada lynx to Colorado in an effort to get the endangered cats to reproduce. 

The state released 96 Canadian lynx in 1999 and 2000 to re-establish the long-haired, tuft-eared cat in Colorado. Trapping, poisoning and development had wiped out the state’s lynx population, with the last confirmed sighting before reintroduction coming in 1973 near Vail. 

At most, 53 of the lynx are alive today, and the cats are spread widely across 10,000 square miles. There’s no evidence that they’re reproducing, biologists said. 

“Maybe we missed something, or they mated later than we anticipated,” said Tanya Shenk, the Division of Wildlife biologist in charge of the lynx project. 

But wildlife trackers found no kittens this summer, and aerial flights confirmed that the animals were moving around as normal; they would stay put for awhile if they had kittens, Shenk said. 

She believes it will take about 150 more lynx to bring the species’ density on line with Canada and Alaska. 

“The point was, let’s give this experiment everything we can to make it a success,” she said. If the animals still don’t reproduce, biologists will re-evaluate whether Colorado can support a viable population. 

Wildlife Commission Chairman Rick Enstrom said while he would like for the experiment to continue, there may not be enough money. 

About $200,000 in lottery funds funneled through Great Outdoors Colorado paid for trappers to catch 50 lynx and ship them to Colorado, said Jeff Ver Steeg, terrestrial wildlife manager for the Division of Wildlife. 

The reintroduction program costs about $350,000 a year, mostly paid for by Great Outdoors Colorado, he said. 

He said state officials will begin asking private groups, from ski areas to wildlife organizations, for funding if further lynx reintroductions are approved. 

Wildlife officials are waiting to see if the U.S. Fish and Wildlife Service relaxes penalties for killing the cats or threatening habitats before voting on the proposal Friday. 

“It’d make reintroduction much more palatable,” said Wildlife Commission chairman Rick Enstrom. 

Anyone who kills a threatened species — even accidentally — can be prosecuted under the Endangered Species Act. That has worried ranchers who can legally kill bobcats threatening their livestock, because lynx look similar. 

Diane Katzenberger, spokeswoman for the U.S. Fish and Wildlife Service’s Lakewood office, said the agency is working to ease some penalties, such as prosecuting hunters or ranchers who accidentally kill lynx in very specific conditions. 

“We’re not going to start allowing anything; we’re not allowing lynx shooting,” she said.

SAN FRANCISCO — A federal appeals court has dismissed a lawsuit from environmentalists challenging the federal government’s approval of the San Francisco Bay area’s plan to reduce vehicle emissions. 

Environmental groups sued the Environmental Protection Agency’s certification of the area’s $9 billion future transportation plan. The groups argued the Bay Area, to reduce pollution, should commit more of its transportation funds to mass transit instead of highway expansion projects. 

When the 9th U.S. Circuit Court of Appeals agreed to hear the case in October, it tentatively blocked funding new transportation “capacity enhancing projects” that enlarge roadways in the Bay Area. 

The court’s one-paragraph decision Wednesday, if it survives, is a step toward the restoration of the spending outlay endorsed by the Metropolitan Transportation Commission. The commission, the body that doles out transportation funding for the area, has proposed a host of highway expansions in its $9 billion plan. 

The court’s brief order is not official for about a month to allow time for fresh appeals. 

Environmentalists said they would ask the court to reconsider its decision, which dismissed the case on grounds that environmentalists face no “immediate harm” and alleged “only a generalized grievance.” 

The case is Transportation Solutions Defense and Education Fund v. EPA, 02-70443.

In a lot of ways, it was just one more Berkeley peace march. Some 50 or so anti-war activists chanted “peace, not war” and carried their “No fighting” protest signs proudly through city streets Tuesday afternoon. 

Unique to this march, though, was that most of the demonstrators were pint-size preschoolers accompanied by somewhat older after-school kids from New School, a day care center at Cedar Street and Bonita Avenue. 

The procession marched up Milvia Street toward City Hall. Drivers honked and flashed peace signs. Folks stopped their bicycles to cheer. 

“I don’t want people to die,” one child said. 

At Martin Luther King Jr. Park, the New School children were joined by about 150 more children who came from the Berkeley-Richmond Jewish Community Center, Berkwood Hedge School, Chabot School in Oakland and the North Oakland Charter School.  

Even New School organizers said they were surprised by the large turnout. From the park, the children and their parents and teachers trooped up to the little plaza behind City Hall, where the children were able to speak out about war and peace. 

“Peace is everything,” said a child named Tina, speaking into a microphone 

“Why can’t George Bush and Saddam Hussein go fight a dual instead of making a whole bunch of others fight,” said another. 

“If you hurt people, it’s not nice if you hurt them,” said another. 

Mayor Shirley Dean and councilmembers Linda Maio and Dona Spring listened to the speakers, spoke briefly and were asked by organizers to take the children’s pro-peace message to higher government officials. 

On the outskirts of the demonstration, Berkeley High sophomores Mat Ott and Sam Romick questioned the children’s motivations. “Do they know what they’re protesting against?” Ott asked. “They’re just following what they’ve been told by adults; it’s just something they’ve been told to do,” Romick said. 

But Susan Hagan, New School director and march organizer argued that the children do understand. The march is just an extension of the pro-peace curriculum taught at the school, she said. 

“We teach them not to fight,” she said. “We teach them to talk out their problems. Our heads of government should do the same thing.” 

A sign carried by one parent pushing a stroller summed up the sentiments expressed by the kids: “Bush needs a time out – permanently.”  

Drivers honked and flashed peace signs. Folks stopped their bicycles to cheer on the procession as it marched up Milvia Street toward City Hall. Children leaned out the windows of their after-school program at the Calvary Presbyterian Church to wave.

To the Editor: 

In response to Greg Hoff’s letter (Forum, Nov. 6), it appears to me that he may not see the full potential of hydrogen vehicles. Hydrogen is not made from petroleum, but from electricity via electrolysis. Electricity can be made from expensive and polluting oil, but it can also, less destructively, be made from wind turbines, solar panels or falling water. Electric demand has peak periods during which most or all of the current produced is used, but during low demand periods there is a large unused or lost capacity. It is during these periods that the hydrogen could be produced quite efficiently. Hydrogen-fueled tanker trucks could then distribute the fuel from the slants located next to hydro dams, solar panel farms and the Altamont wind farms to filling stations. Hydrogen doesn’t have to be produced Monday through Friday, nine to five, but can be made anytime, when the juice is cheap and green. 

Changing our current vehicle fleet of petrol burners to hydrogen would have enormous health benefits; it could be the equivalent of the introduction of penicillin in the 1930s. Serious illness and mortality would drop significantly – the economic benefits of this alone could build all of the hydrogen production plants. Let’s not go slow on this one. 

John Dyra 

Berkeley

Wednesday, Nov. 13 

League of Women Voters Meeting 

Noon 

LWVBAE office, 1414 University Ave. 

Discussion will focus on regional issues 

849-2154 

Thursday, Nov. 14 

Unitarian Univeralist Meeting Featuring Professor Michael Nagler on Peace 

12:45 p.m. 

UC Berkeley Faculty Club  

Professor Nagler, author and founder of UC Berkeley’s Peace and Conflict Studies Program, speaks on non-violent approaches to current events. Open to all 

For more information call (925)376-9000 

Free 

The Drug Resource Center-UC Berkeley 

6:30 to 7:30 p.m., Open House 

300B Eshleman Hall (on Bancroft) 

7;30 to 10:00 p.m., Celebration 

LaVal’s Pizza, 2156 Durant Ave 

Inaugural Event followed by an evening of food and fun, during which speakers will how the center will benifit the community. 

Berkeley Path Wanderers Meeting 

7 to 9 p.m. 

Hillside Club, 2286 Cedar St. 

Meeting to include a presentation by best- selling author Adah Bakalinsky who will speak about her book, “Stairway Walks of San Francisco” 

Free 

Grandparent Support Group 

10 to 11:30 a.m. 

Malcolm X Elementary School, 1731 Prince St. Room 105 A 

Support group facilitated by Marjorie Holloway LCSW for Kinship Caregivers and others 

644-6517 

Free 

Friday, Nov. 15 

“Imagining A World Without Prison” Opening Night Benefit 

8 p.m. to 1 a.m. 

Black Box, 1928 Telegraph Ave. 

The Prison Activist Resource Center events features dynamic speakers, music, art, and food. The exhibit, which features writing and artwork from prisoners, former prisoners, and family members of prisoners, runs Nov. 10 to 30  

For more information call 893-4648 or visit www.prisonactivist.org 

$5- $25 sliding scale 

Berkeley Free Folk Festival Meting 

4 p.m. 

2180 Milvia Way, 5th Floor, Red Bud Room 

Discuss final site location, date of 2003 festival, and volunteers 

649-1423, hlih@yahoo.com 

Free 

Saturday, Nov. 16 

Latina Leadership Conference 

9 a.m. to 4 p.m. 

UC Berkeley Campus 

Lambda Theta Nu Sorority Inc. will provide non-college bound Latinas information about options in higher education and tackle the high drop out rate of Latina girls  

Free 

Magic School Bus Video Festival 

10:30 a.m. to 1:30 p.m. 

Lawrence Hall of Science, Centennial Drive-above UC Campus, below Grizzly Peak Blvd. 

www.lawrencehallofscience.org 

Puppet Show at the Hall of Health 

1:30 to 2:30 p.m. 

2230 Shattuck Ave, lower level 

Al children adn their parents are invited to see the award-winning puppet troupe, The Kids on the Block 

549-1564 

Suggested donation $2/ children under three free 

The First Ever Integrative Medicine Conference in Berkeley 

10 a.m. to 4 p.m. 

2060 Valley Life Science Building at the UC Berkeley campus 

Interactive day of speakers and workshops exploring alternative, complementary, and integrative medicine as a whole 

For information or reservations see www.ocf.berkeley.edu/~sim/conference 

$5 with pre-registration 

Sunday, Nov. 17 

17th Annual Jewish Genealogy Workshop 

12:30 to 4 p.m. 

Berkeley-Richmond Jewish Community Center, 1414 Walnut St. 

Lectures and specialty sessions included 

Info at www.jewishgen.org/sfbajgs 

$5 for non-members 

Simplicity Forum 

7 to 8:30 p.m. 

Berkeley Public Library, Claremont Branch, 2940 Benvenue Ave. 

cecile@simplicitycircles.com 

Free 

Monday, Nov. 18 

Community Meeting 

6 to 8 p.m. 

Berkeley Alternative High School, 2107 Martin Luther King Jr. Way 

Led by the Superintendent, this discussion aims to serve as a collaboration towards establishing a long-term planning process 

R.S.V.P. to Queen Graham  

644-87649 

Women and Welfare Reform: Who Benefits and Who Loses? 

5 to 6:30 p.m. 

Women’s Faculty Club Lounge, UCB 

Lecture featuring Mimi Abramowitz of CUNY’s Hunter College 

Struggles for Racial Justice in Education 

4:30 to 6:30 p.m. 

Oakland Technical High School Library, 45th and Broadway, Oakland 

The Peace and Justice Caucus of the Oakland Education Association sponsors this event, which addresses race, youth, and education through a variety of community speakers 

654-8613 or jzern1@yahoo.com 

Tuesday, Nov. 19 

Concensus Unit: State Community College Study 

10:30 a.m. 

Berkeley Public Library, Central Branch 

Community Room 

Shattuck Ave. and Kittredge 

Sponsored by the Berkeley League of Women Voters 

549-9719 

History and Planting of Golden Gate Park 

1 p.m. business meeting, 2 p.m. program 

Epworth United Methodist Church, 1953 Hopkins St. 

The Berkeley Garden Club presents Ernest Ng, volunteer city guide, who will speak about the history and planting of San Francisco’s historic park 

524-4374 

Tuesday Tilden Walkers 

9:30 a.m. 

Meet at Little Farm parking lot, Tilden Regional Park 

Join seniors and other slower walkers and enjoy the beauty of Tilden Park 

Contact Yvette Hoffner at 215-7672 or teachme88@yahoo.com 

Berkeley Intelligent Conversation 

7 to 9 p.m. 

Berkeley-Richmond Jewish Community Center, 1414 Walnut St.  

Join the bimonthly discussion group informally led by fomer UC Berkeley extension lecturer, investment advisor and finncial planner Robert Berend. Open to all. Please bring light snacks or drinks to share. This session’s topic: To be determined by those present 

527-5332 

Free 

Wednesday, Nov. 20 

Mental Health Commission 

6:30 p.m. 

2640 Martin Luther King Jr. Way, Auditorium 

981-5270 

“Deep Healing Sleep” 

6:30 to 7:30 p/m/ 

Pharmaca, 1744 Solano Ave. 

Stress management expert, author, and Oregonian Nancy Hopps leads this integrative session 

527-8929 

Free 

Berkeley Gray Panthers General Meeting 

1:30 p.m. 

North Berkeley Senior Center, 1901 Hearst Ave. at MLK 

Covering the Nuts and Bolts of Senior Health and Safety, with guest speakers 

548-9696 

Thursday, Nov. 21 

Workshop for Homeowners 

6 to 8 p.m. 

Learn how to lower your utility bills and use building materials that are healthier for your family and the environment at a free green building workshop 

Free 

Simplicity Forum 

7 to 8:30 p.m. 

Claremont Branch Library, 2940 Benvenue Ave. 

Kerrie Hein explores spirituality, life purpose, and simplicity in this discussion session. Open to all 

549-3509 or www.simpleliving.net 

Free 

“Green Building and Remodeling” 

6 to 8 p.m. 

Building Education Center, 812 Page St. 

Special fall seminar with architect Greg Van Mechelen and the Alameda County Waste Management Authority and Recylcing Board 

525-7610 

Free 

Wednesday, Nov. 13 

Classical Piano Concert 

1:15 p.m. 

North Bekeley Senior Center, 1901 Hearst Ave. at MLK 

Solange Buillaume will be playing Beethoven, Bach and other cassical works 

Free  

John Wesley Harding 

8 p.m. 

Freight & Salvage, 1111 Addison St. 

Harding’s biting social commentary and outrageous humor blend seamlessly with his warm, personal songs. 

548-1761 

$15.50-$16.50 

Jimmy Ryan Jazz Quartet 

8 p.m. 

Anna’s Jazz Bistro, 1801 University Ave. 

$4 

Brenda Boykin & Home Cookin’ 

7:30 p,m. doors, 8 p.m. swing dance lessons w/ Nick & Shanna, 9 p.m. show 

Ashkenaz, 1317 San Pablo Ave. 

East Bay belter Boykin and her band Home Cookin’ purvey a West Coast Swing dance style she calls Afrobilly Soul Stew-also the name of the band’s second CD. 

525-5054 

$8 

Thursday, Nov. 14 

Peter Mulvey, Mark Erelly 

9:30 p.m. 

The Starry Plough, 3101 Shattuck Ave. 

21+ 

$10 

Alef Null 

8 p.m. 

Anna’s Jazz Bistro, 1801 University Ave. 

Moroccan and Kurdish music 

$4 

Friday, Nov. 15 

Walter “Ogi” Johnson and His Native American Flute 

7:30 p.m. 

Fellowship Hall, 1924 Cedar St. 

Fellowship Cafe & Open Mike is sponsored by the Berkeley Fellowship of Unitarian Universalists. Poets, singers, musicians, and storytellers are invited to sign up for the open mike.  

540-0898 

$5-$10 donation 

The Slackers w/ Buffalo Soldier, The Phenomenauts,The Locals and Hebro 

7:30 p.m. doors, 8 p.m. show 

Ashkenaz, 1317 San Pablo Ave. 

New York’s hot ska band, The Slackers, headline an almost non-stop evening of live reggae,ska and rock dance music. 

525-5054 

$10 

Classis Jazz with Anna de Leon 

8 p.m. 

Anna’s Jazz Bistro, 1801 University Ave. 

$4 

Cynthia Dall 

9:30 p.m. 

The Starry Plough, 3101 Shattuck Ave. 

21+ 

$8 

Saturday, Nov. 16 

An Evening of Choral Music 

7 p.m. 

Pacific School of Religion Chapel, 1798 Scenic Ave. 

A wide variety of choral styles from Bay Area groups including Voci, Opus-Q, Let’s Do It!, and New Spirit Community Church Choir 

849-8280 

$15-$20, sliding scale 

Jeff Tauber and Friends 

8 p.m. 

Anna’s Jazz Bistro, 1801 University Ave. 

$5 

Alpha Yaya Diallo 

9 p.m. doors, 9:30 p.m. show 

Ashkenaz, 1317 San Pablo Ave. 

Rooted in West African Dance Music, Diallo’s lilting style brings in an African medling of Cuban, Cape Verdean, Arabic and North American blues and Jazz. 

525-5054 

$12 

Ceramics - Opening Reception 

Through Nov. 17 

3 to 5 p.m. 

A New Leaf Gallery, 1286 Gilman St. 

525-7621 

Free 

“Shove Off to Birthday Island” 

Through Nov. 30 

Reception Nov. 2 from 5 to 8 p.m. 

Tue. through Sat., 11 a.m. to 5 p.m.  

Ardency Gallery, 709 Broadway 

A collaborative exhibition of Tonya Solley Thornton and Frank Haines including video and sculptural installations. 

836-0831 

Children of the Gulf War Photo Exhibit 

Through Nov. 30 

Mon. through Thurs., 10 a.m. to 9 p.m. 

Fri. through Sat.., 10 a.m. to 6 p.m. 

Sun., 1 p.m. to 5 p.m. 

Berkeley Public Library, 2090 Kittredge St. 

Featuring works of Takashi Morizumi 

Information: www.savewarchildren.org 

“Recent Acquisitions” 

Through Dec. 14 

Thurs. through 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. through Sun., noon to 5 p.m. 

Berkeley Art Center 

Live Oak Park, 1275 Walnut St. 

Information: www.berkeleyartcenter.org, 644-6893 

Free 

Peaceable Kingdom 

Through Dec. 22, Weekends, Nov. 30 to 22, Weekdays, Dec 16 to 20 

10 a.m. to 6 p.m. 

Berkeley Potters Guild, 731 Jones St. 

Elephants! 

Through Jan. 12 

Daily, 10 a.m. to 5 p.m. 

Lawrence Hall of Science, Centennial Drive-above UC Campus, below Grizzly Peak Blvd. 

Daily activities, Larger than Life, 10:30, 11:30, a.m., 12:30 p.m., Elephant Tails storytelling, 1:30, 2:30, 3:30 p.m.  

www.lawrencehallofscience.org 

$8 adults. $6 youth, seniors, disabled, $4 children 3-4, Free, children under 3, LHS members, UC Berkeley students 

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. 

“Cinemayaat: The Arab Film Festival” 

Through Nov. 12 

Various locations throughout Berkeley, San Francisco, and San Jose. 

For more information contact the Arab Film Festival at info@aff.org, (415) 564- 1100, or www.aff.org

Vanessa Williams and Amalia Jarvis can’t completely replace Desiree Guilliard-Young, but the Berkeley High seniors are doing their best to make up for the production of the former Yellowjacket star. 

Williams and Jarvis are the big hitters for a Berkeley volleyball team that went undefeated in the Alameda-Contra Costa Athletic League after routing Alameda High last night. The win improved Berkeley High’s record to 21-10 overall and 14-0 in conference. 

Williams, a middle blocker, and Jarvis, an outside hitter, became the go-to players for Berkeley coach Justin Caraway after the graduation of Guilliard-Young, who is redshirting this season at Baylor University. Williams recently broke Guillard-Young’s school career kills record.  

Jarvis isn’t far behind with 195 kills, 198 digs and 38 aces this season (before the Alameda match). 

While they play different positions, the two Yellowjackets are similar in many ways. They each stand 5-foot-10, they’ve played club ball together and they’re co-captains for the Yellowjackets. 

“We’re really close,” Jarvis said. “[Williams] is one of my best friends on the team this year. We get along really well because we have the same ideas about volleyball and the same ideas about how to make the team better. I’m glad she’s here, because I wouldn’t be able to do it myself, probably.” 

The 6-foot-5 Guilliard-Young was the only BHS captain as a senior last year, when her team won the North Coast Section Division I title. 

“A 6-5 player is never going to be replaced,” Caraway said of Guillard-Young. “Instead of a lot of firepower in one position, now we have a lot of firepower at two. They’re our offense. We go as they go. If one is off, the other one is usually on. If both are off, we’re in trouble.” 

Jarvis and Williams used to play together on the Golden Bear club and led their team to nationals last year. Williams will continue on with Golden Bear this year, while Jarvis will switch to M Power. 

Williams’ club and high school success caught the eye of several Division I colleges, including North Carolina, Georgetown and Northeastern, though she decided to go to Northwestern State in Natchitoches, La. Jarvis is still deciding on her future and has applied to schools such as Cornell, Tufts and McGill University in Montreal. 

Caraway decided that this year he’d make Jarvis and Williams his team leaders since they have plenty of high-level playing experience. But the duo has found that replacing Guillard-Young in leadership roles is even more difficult than replacing her on the stat sheet.  

The team dynamic was a bit different last season, when Caraway had a more experienced team to coach. Guilliard-Young, as team captain, was afforded much respect, partly due to her class, partly due to her tremendous talent and partly due to her physical stature. 

“At the beginning of the year, it was hard for some people on the team to draw the line between being friends with us and figuring out how to follow us as leaders,” Williams said. “They gave Desiree a lot more respect. Physically, she’s 6-5 and she wasn’t as close to them as friends, so it was easier for them to draw that line. When she led stretches, they were quiet. It was, ‘Yes, ma’am,’ and you got the job done. When we’re leading stretches, they’re talking and not doing them right. To see people talking, laughing, it’s frustrating.” 

A couple of team meetings and constant work by Jarvis and Williams has led to improvement. 

“We’re working more now as a team now than we were in the beginning, which is really nice to see,” Jarvis said. “We’ve just been able to play as a team and we’re talking more and understanding better what we all need to do to make ourselves better.” 

Now that the Yellowjackets are rolling, they’re looking forward to opening NCS playoffs next week. They find out their opponent this week. 

While a repeat of their NCS title may be out of their grasp, Williams and Jarvis hope to go out with a strong postseason. 

“We have so much fun on the court when we’re playing well,” Williams said. “We’re laughing, giving each other high fives, and it’s the best time.”

They’re back, and the question now is how long will they stay. 

The city’s first batch of 3,000 crosswalk flags, intended for pedestrians to wave as they cross busy streets, was swiped within 10 months of being put at four intersections. With 3,000 more flags received last week, city officials are giving one of its least expensive but most maligned traffic safety programs a second chance. 

This time, the program includes three more intersections. Also, the new flags are yellow, changed from orange, which pedestrians often confused as construction equipment, city officials said. 

Despite the changes, many residents continue to scoff the program. 

“It’s such a council idea. Lets put the flag up instead of solving the problem,” said John Buchman as he walked along the intersection of Hearst and University avenues without a flag. 

In addition to the four original intersections equipped last December, the flags can now be found at Cedar and Vine streets, College Avenue and Russell Street, and University and Shattuck avenues. 

Pedestrian safety has been a long-standing issue in Berkeley. According to recent police statistics, 66 pedestrians have been injured and one killed by motorists this year.  

The program which has cost the city about $12,000 so far was seen as a less expensive way to address the problem. 

The flags, however got off to a rough start. During the first week of the program, a woman waving a flag was struck by a car on the intersection of Claremont Avenue and Russell Street. She did not suffer serious injuries. 

City Councilmember Polly Armstrong, who championed the program in council, maintains that crossing flags still have promise. 

“They offer a very inexpensive increase in pedestrian visibility,” she said. 

Still, she was disappointed with the flags first run. “What I didn’t envision was all the stealing,” she said. “It’s pretty depressing that people think that this kind of pilfering of public property is acceptable. I thought better of Berkeley.” 

But flag theft does not make Berkeley unique among cities that have tried the program.  

According to transportation officials in Salt Lake City, the city on which Armstrong modeled Berkeley’s plan, 10,000 flags have been stolen since the project started two years and three months ago. Given that Salt Lake City provided more flags, the theft rate is about the same as Berkeley’s. 

“We see a lot of them on motorized wheelchairs and [Utah] Jazz basketball games,” said Yvon Wright of Salt Lake City’s transportation department.  

Berkeley officials report that most of the city’s flags were tossed into trees, chucked into trash cans, and taken home by children either as toys or trophies. 

The key difference between Salt Lake City and Berkeley crossing flag programs has not been theft, but pedestrians’ willingness to walk in public carrying the flag. 

Dan Bergenthal, Salt Lake City’s transportation director said recent studies show that 14 percent of pedestrians use the flags, not a high number he admits, but enough to make the program worth while. 

Peter Hillier, Berkeley’s transportation head, refused to pass judgment on the crossing flags until the results of an upcoming review. But he acknowledged that, “from a cursory look, not many people pick them up.” 

A Berkeley resident who refused to give her name thought she knew why the flags haven’t caught on. 

“This isn’t Salt Lake City. There’s lots of girls here who spend hundreds of dollars on their outfits. There’s no way they’re going to be seen in public carrying a bright yellow flag.” Still she said she supports the flags and has noticed that many seniors and disabled people choose to use them. 

The flags’ second chance comes amid tough times for pedestrian safety advocates. Berkeley’s plan for improved pedestrian safety measures took a hit last week when voters rejected a measure to raise $10 million to fund a variety of safety programs. 

Hillier said that without the money, the city would be able to purchase fewer traffic circles and make fewer infrastructure improvements to slow car traffic. 

Nevertheless, he said the loss of transportation funds would not necessarily mean that his department would embrace traffic flags as a less expensive alternative. 

Hillier said he will study the effectiveness of this round of the flag program and report to City Council on its effectiveness next year. 

Contact reporter at matt@ 

berkeleydailyplanet.net

To the Editor: 

I crack up when I read the endless politically-correct rhetoric in the Daily Planet’s Forum on the subjects of anti-growth, height limitations and housing shortages. Heaven forbid that anyone in Berkeley should ever mention the reason we have a housing crisis in the first place: we need to accommodate the endless millions of immigrants that are flooding into the country in numbers unprecedented in human history. Instead of actually addressing the cause of the problem, the letter writers would rather jump ahead to their useless solutions, and then wonder about why the situation keeps getting worse every year. 

Let me state the obvious: Given our present situation, we have only two choices, and both are bad. Either we can build housing on top of housing and turn California into a hideously congested slum, or we can not build the housing and have millions of homeless people and skyrocketing housing costs. There is no third choice, aside from the useless PC rhetoric that is found on the Forum page. 

Peter Labriola 

Berkeley 

Now that most neighborhood concerns have been alleviated, a first-of-its-kind disabled center appears headed for city approval. 

“I’m glad it’s progressing this way, said Don Hubbard, a member of the Bartview Neighborhood Association, a group that had attacked the original size of the proposed center. “Each time we raised a concern, they have addressed it.” 

The $35 million project, known as the Ed Roberts Campus (ERC), would house nine disabled advocacy groups in a development on the east parking lot of the Ashby BART station. 

The campus was conceived in 1995 to allow the disabled community to conveniently center their services at one location, near public transportation, so residents could enjoy easy access to them, explained ERC Project Manager Caleb Dardick.  

“This is one–stop shopping,” Dardick said, adding that, among other services, disabled residents could come to the center for job training, recreation, physical care and legal advice. 

The current plan which has squelched most neighborhood opposition calls for an 80,000-square-foot, two–story building on the eastern Ashby BART parking lot along Adeline Street. 

An underground parking garage will be built to offset the lost BART parking spaces. Additionally, the entry ramp to the parking lot will be moved from its present location on Woolsey Street to the more popular Adeline. The change was designed to appease neighbors who feared that the estimated 100 daily campus users would clog residential streets. 

The revised plan presented this summer is a far cry from ERC’s first design– a 130,000-square-foot, three-story building with ground-floor shops. 

That plan sparked a backlash from neighbors, who complained that three stories was too high and that the plan did not effectively deal with traffic and parking issues. 

To meet neighborhood concerns, architects drastically reduced the scope of the project, eliminating ground-floor retail and a planned gymnasium. 

Most neighbors say the two year back and forth process paid off.  

“We’re happy to have been part of the decision making process,” Hubbard said. “I think this will be an overall improvement for the neighborhood.” 

Still a few obstacles remain. At a recent Design Review Commission meeting, neighbors noted that the underground parking lot might uproot redwood trees planted in the 1970s. 

Claudia Merzaril, an architect at San Francisco-based Leddy, Maydum & Stacey, said she will unveil a new parking garage plan later this month to spare most of the more mature trees that provide shade to neighbors. 

Merzaril is also being asked to improve the look of the building, which some residents say is too modern. “It looks like it’s sitting on a runway ready to take off,” said Francis Emley, who supports the campus. 

The project is set to return to the Design Review Commission on Nov. 21. If it is approved, it will then go before the Zoning Adjustment Board for a construction permit. 

Contact reporter at matt@ 

berkeleydailyplanet.net

To the Editor: 

The letter signed by Roia Ferrazares and Derick Miller (Forum, Nov.11) was not processed and was not approved by the Student Assignment Committee. The Committee saw the letter for the first time last Friday evening after it had already been submitted. The letter, therefore, does not necessarily represent the views of the Student Assignment Committee. 

Nancy Riddle 

Berkeley 

Despite delays caused by contentious labor issues and the recent heavy rains, 20 stores are set to open next week at a new retail and residential mega-development which promises to be a cash cow for the city of Emeryville. 

“I think we’re offering people from the greater East Bay an opportunity to dine, shop, and gather. And next year a place to live,” said Eric Hohmann, vice president of Madison Marquette, the developers of the new Bay Street.  

Emeryville city officials echoed Hohmann’s enthusiasm over the opening of the $400 million, one million-square-foot development situated on 20 acres beside Interstate 80 north of Ikea. 

With 65 stores and a 16-screen movie theater opening over the next two months, 366 housing units opening a year from now, and a 230-room hotel opening in two years, the city is expecting an additional $1.3 million in property taxes and $900,000 in sales taxes to flow annually into its coffers.  

Emeryville’s Director of Economic Development Pat O’Keeffe said the sales tax revenues will stem from an estimated $90,000,000 in retail sales at the development’s shops. 

When Bay Street is fully completed, developers say it will give Emeryville, known as a home to giant retailers and manufacturers, what it has always lacked – a vibrant pedestrian-friendly downtown.  

Designed to look and feel like an authentic city center, Bay Street will hide most of its 1,900 parking spaces from pedestrian view behind new urban-looking buildings. Residential units fill the upper stories of these buildings. 

“It’s this whole urban village that will be evolving over time,” said Madison Marquette spokeswoman Didi Taft, who, like Hohmann, drew similarities between Bay Street and Berkeley’s Fourth Street shopping district. 

But not everyone in the East Bay shared the developer’s and the city’s enthusiasm for the project. 

For two days in early October, union construction workers from general contractor DPR Construction, Inc. stopped work on the development because they didn’t like the way the developers were doing business. The picketers opposed the use of traveling non-union construction crews used by some chain retailers to create the uniform interiors seen in their stores nationwide. 

There are also financial concerns. With Berkeley’s fiscal health already staggering from the recent economic downturn, Deputy City Manager Phil Kamlarz said he thinks sales at Bay Street will come as a detriment to some Berkeley retailers. 

But Denny Abrams, lead developer of Berkeley’s Fourth Street shopping area remained obstinate that Bay Street would not compete with Berkeley retailers and that the Emeryville development would bear little resemblance to its pedestrian-friendly neighbor in Berkeley. 

“It’s a mall. They don’t have the independent retailers that we do. They have the usual suspects. We’re totally a completely different experience,” said Abrams. 

The Emeryville development, which will host stores such as Barnes & Noble, the Gap, and Talbots, was built on formerly contaminated land that Emeryville bought and then restored for $12 million. 

The city paid for the restoration project using revenue from profitable chain stores that had come to the city over the last decade. Emeryville officials recouped funds used for the cleanup by suing the site’s polluters, Sherwin Williams Paint Company and the pigment company Elementis. 

An opening celebration to benefit the Alameda County Community Food Bank will be held at Bay Street on Wednesday, Nov. 13, starting at 5:30 p.m. 

To the Editor: 

University of California spokesperson Paul Schwartz told your reporter (Daily Planet, Nov. 5), “We don't have any more movement to make on wages,” in commenting on contract negotiations between UC and the clerical workers' union, the Coalition of University Employees (CUE). I hate to be quite so blunt, but the university is lying. The truth is that the university has made absolutely no movement whatsoever on wages throughout the course of negotiations. Its 3.5 percent offer, to be spread over three years, has not changed one iota. 

CUE, on the other hand, has made movement by changing its 15 percent wage request from being paid in one year to being spread over two years. It is disgusting, not only to read about UC's continuing intransigence over giving some of its lowest-paid employees a decent salary increase, but also to have to read UC's blatant lying. 

Alan Collins 

UC Berkeley 

CAIRO, Egypt — An Arab TV station broadcast an audiotape Tuesday of a voice that a U.S. official said sounded like Osama bin Laden’s. If confirmed, it would provide hard evidence that the al-Qaida leader was alive as recently as last month. 

The speaker, identified by al-Jazeera television as bin Laden and aired across the Arab world, praised the October terrorist strikes in Bali and Moscow, and warned U.S. allies to back away from plans to attack Iraq. 

U.S. officials say they have not been able to verify bin Laden’s whereabouts this year. The last certain evidence he was alive came in a videotape of him having dinner with some of his deputies, which is believed to have been filmed on Nov. 9, 2001. 

In a rambling statement, the speaker referred to the Oct. 12 Bali bombings “that killed the British and Australians,” the slaying last month of a Marine in Kuwait, the bombing of a French oil tanker last month off Yemen and “Moscow’s latest operation “ — a hostage-taking by Chechen rebels. 

The audiotape was aired alongside an old photograph of the al-Qaida leader but there was no new video of him, and the official in Washington said further technical analysis was needed. Al-Jazeera said it received the tape on the day it was broadcast. 

Speaking in a literary style of Arabic favored by bin Laden, the voice said the attacks were “carried out by the zealous sons of Islam in defense of their religion,” and that they were a reaction to what ”(President) Bush, the pharaoh of this age, was doing in terms of killing our sons in Iraq, and what Israel, the United States’ ally, was doing in terms of bombing houses that shelter old people, women and children.” 

“Our kinfolk in Palestine have been slain and severely tortured for nearly a century,” the speaker said. “If we defend our people in Palestine, the world becomes agitated and allies itself against Muslims, unjustly and falsely, under the pretense of fighting terrorism.” 

The speaker then castigated U.S. allies that have joined the war against terrorism, specifically Britain, France, Italy, Canada, Germany and Australia. 

After listing those countries, he warned: “If you were distressed by the deaths of your men ... remember our children who are killed in Palestine and Iraq everyday.” 

“What do your governments want by allying themselves with the criminal gang in the White House against Muslims? Do your governments not know that the White House gangsters are the biggest butchers of this age? 

In Washington, intelligence officials were evaluating the tape. 

“It does sound like bin Laden’s voice,” said a U.S. official, speaking on condition of anonymity. “We have to complete the technical analysis,” the official said. 

Audio recordings are easier to make than videotapes which could reveal whether bin Laden is injured, has significantly altered his looks, or is in a vulnerable location that could be given away in a video appearance. 

In September, the Al-Jazeera network aired voice recordings attributed to bin Laden and top al-Qaida operatives. The CIA authenticated bin Laden’s voice then, but officials said the recordings probably weren’t made recently. 

Those statements came out around the anniversary of the Sept. 11 terrorist attacks on the World Trade Center and the Pentagon and the start of the war in Afghanistan. 

Al-Qaida operatives thought to be alive because of their recent recordings include bin Laden’s No. 2, Ayman al-Zawahri, and his spokesman Sulaiman Abu Ghaith. 

In the al-Zawahri recording, obtained by Associated Press Television News in early October, he spoke about Iraq, accused Washington of seeking to subjugate the Arab world on behalf of Israel — America’s strongest supporter in the region — and tried to assure followers that bin Laden was alive and well. 

Experts say bin Laden’s al-Qaida network is on a renewed public relations campaign aimed at keeping itself in the public eye and associated with events, such as a possible war in Iraq, which could turn the Arab public against the United States.

Dogs rescued from Bay Area pounds are being trained by the California Highway Patrol to assist with homeland security. 

They are being trained to identify explosives and are being assigned to seven CHP commercial vehicle inspection stations, the CHP said. 

Lt. Mike Ferrell, of the Cordelia Inspection Facility, said “Maurice” and his handler, Officer Paul Mcintyre, are keeping tabs on the movement of dangerous explosives through the Cordelia station. 

The state's budget crisis has limited the CHP's ability to purchase bomb-sniffing dogs, so condemned dogs have been rescued from animal shelters. 

“We're saving taxpayer dollars as well as abandoned dogs,” Ferrell said.

RICHMOND — Police are seeking the help of volunteers to protect the Richmond-San Rafael Bridge and the shoreline, home to the Chevron Richmond refinery and other oil storage facilities. 

Currently, marine patrol officer Joel Thompson and his partner, Rebekah Ireland, are Richmond’s sole defense against waterborne terrorists. They also guard the bridge and escort tankers into and out of the port. 

“We’ve been working four days a week, but with volunteers, we could work seven,” Thompson said. 

Chevron’s reliance on volunteers for a first line of security has some elected officials doing a double take. 

“My take on it is Chevron should be responsible for their own security,” Councilman Tom Butt said. “They can certainly afford it. I don’t see that we need to make Chevron (into) Richmond’s own security problem. The job of the Richmond Police Department is to get the homicide rate down.” 

Chevron spokesman Dean O’Hair said Tuesday the company does not rely on volunteers for security. 

“I can’t go into details,” he said. “We use our own security force up and down our property.” 

Richmond Police Chief Joseph Samuels said he has little choice but to try to accomplish both missions. 

With no federal funding in the pipeline, he is seeking links with businesses and the community to meet the government’s mandate to boost security. 

Five area refineries — Chevron, ConocoPhillips in Rodeo, Shell in Martinez, Tesoro in Avon and Valero in Benicia — provide much of the fuel used from Fresno to the Pacific Northwest, according to Chevron. 

Richmond’s first volunteers are expected to hit the water in mid-December. Chevron has donated a second patrol boat to help in the effort.

SAN FRANCISCO — An army of airport security screeners arrived at San Francisco International Airport Tuesday morning as part of a federally sponsored project to employ private contractors. 

According to SFO Duty Manager Henry Thompson, SFO is participating in a pilot project to staff the airport with about 850 federally trained security screeners contracted out by Covenant Aviation Security, a private security services provider. 

Roughly 450 screeners began work this morning in the airport's first phase of the project. The target number of workers will be reached later this week or early next week with the arrival of about 400 more screeners. 

“The transition thus far has been smooth, and that is to be expected,” Thompson said. 

With regard to incumbent SFO screeners, Thompson said that due to newly imposed federal guidelines outlined in the Aviation and Transportation Security Act, a large percentage of workers at SFO will be let go. Those screeners able to meet the new guidelines will be kept on while others will be employed in non-security positions. 

SFO is one of five commercial airports across the nation where Congress plans to study the effectiveness of employing private industry to staff U.S. airports. The arrangement allows all airports involved to employ federally trained private workers. 

According to a spokesman for the Transportation Security Administration, the private contract screeners have met all the minimum federal requirements including, U.S. citizenship, high school degree, a GED or equivalent, or one year security screening experience. 

The Aviation and Transportation Security Act mandates that TSA deploy federal screeners to all commercial airports by Nov. 19.  

Transportation Security Administration screeners took over for private contractors at Oakland and San Jose international airports in early October.

Pacifica police, CHP respond to stinky traffic situation 

PACIFICA — A California Highway Patrol spokesman said the roadway near Oceana Boulevard and Monterey Road in Pacifica was closed after human feces spilled out from a dump truck at around 2 p.m. Tuesday. 

The spokesman said a motorcyclist called CHP after he was drenched in the waste, said to be coming from a truck that empties out sewage. 

“They had to close the roadway since vehicles were sliding in it and kicking the debris up,” said the CHP spokesman, adding that the spill that extended about 20 feet across the roadway. 

Pacifica police were on scene as Public Works cleaned the roadway, according to Jim Tasa, Pacifica police public information officer. 

Lack of startups hurts firms 

SAN JOSE — Silicon Valley law firms are struggling given the drop in lucrative fees for taking startups public. 

The technology startup business at Wilson Sonsini Goodrich & Rosati led the market with more than 100 initial-public-offering clients in 1999 — two years later, the firm had only six. 

By year’s end, Wilson expects to have 620 partners, down from a peak of 810 in February 2001, said Chairman and Chief Executive Larry Sonsini. About half of those 190 cuts will be from layoffs, the rest from normal attrition. 

Not that all is bad — the firm has hired attorneys for intellectual-property and securities litigation, as well as corporate governance, Sonsini said. 

It no longer needed the high-end waterfront space, having shrunk to 70 lawyers from a peak of 110. 

Trains for Tots to begin 

SAN MATEO — The Trains for Tots Special is scheduled to start collecting new toys for children in the San Francisco Bay area on Nov. 30. 

For the second year, Caltrain and the Golden Gate Railroad Museum are sponsoring the special train to generate toy donations for the Marine Corps Reserves’ Toys for Tots Program. 

The train will stop at nine San Francisco and Peninsula train stations over the weekend. Last year, the project received more than 4,400 toys.

Search continues for fishermen 

GUADALUPE — Authorities were searching for two men who were fishing on the beach when treacherous surf pulled them out to sea. 

A trio of fishermen were on Guadalupe Beach near Point Sal when a wave caught two of them just after 3 p.m. Monday, police Chief Jerry Tucker said. The third man unsuccessfully tried to save his companions, then made his way out of the water to run for help, Tucker said. 

Fifteen-foot waves were reported on Monday, and the sea temperature was 56 degrees. 

In addition to a ground and water search, helicopters from the Santa Barbara County Fire Department, Vandenberg Air Force Base and the Coast Guard scanned the sea for the missing fishermen. 

UC Davis deciding athletic status 

DAVIS — Students at the University of California, Davis, began voting Tuesday on whether to bump up its sports program to Division I status. 

The two-part initiative includes the move to Division I athletics, as well as improvements to student facilities, such as the coffeehouse and health center. Students will be voting on the initiative online through Thursday. 

UC Davis wants to make the move because its student population and athletic budget have outgrown most Division II standards. Most Division II schools, for instance, have an average athletic budget of $3 million, while UC Davis spends about $7.6 million on its sports program. 

Opponents, however, say the initiative puts a significant financial burden on students. If passed by a simple majority, it would increase student fees by $20 per quarter beginning in 2003 and rise incrementally to $173 per quarter by 2008. 

Jury challenging law 

SACRAMENTO — A Sacramento jury is challenging a law that bans adults who aren’t with kids from hanging out at playgrounds. 

Last month, jurors acquitted three people arrested for sitting on a bench near a playground at a North Sacramento park. 

Now, the jurors have written a letter to the city challenging the law’s clarity and fairness.  

Officials say the code is usually used to warn people to move away from play areas, and citations are rarely issued for code violations. 

“I’m sure it’s original intent was to make sure we don’t have child molester-types at the playground,” said Greg Narramore, public safety officer for the Sacramento’s parks and recreation department.

SAN DIEGO — A former coroner’s toxicologist was found guilty Tuesday in the death of her husband, who died two years ago of an overdose of the painkiller fentanyl. 

A Superior Court jury of five women and seven men deliberated a total of eight hours over three days before finding Kristin Rossum guilty of murder with the special-circumstance allegation of poisoning. 

The special-circumstance would have made Rossum, 26, eligible for execution, but prosecutors chose instead to seek a penalty of life in prison without chance for parole. Sentencing is scheduled for Dec. 12. 

Rossum was a toxicologist at the San Diego County Medical Examiner’s Office when her husband, Greg de Villers, died on Nov. 6, 2000. Tuesday would have been his 29th birthday. 

Rossum hung her head as the verdict was read, as did her parents, who were seated two rows behind her. She stood when the jury left the courtroom but appeared to buckle and braced herself by placing her hand on the table. A bailiff helped her sit back down. 

Prosecutors said Rossum killed her husband, a biotech worker, to keep him from telling her bosses that she was having an affair with her supervisor and was addicted to methamphetamine, which they argued would have revealed she had been stealing drugs from the coroner’s lab. 

Rossum said de Villers took his own life because he was despondent that she was about to end their 17-month marriage. Defense lawyers said Rossum had no reason to kill her husband. 

The case gained notoriety partly because of Rossum’s description of how she found her husband. 

She said she found de Villers unconscious and not breathing in the couple’s bedroom, a wedding photo nearby and red rose petals scattered over him. No suicide note was found. 

Prosecutors accused Rossum of using her expertise in chemistry to kill de Villers with “the perfect poison” and then staging a suicide, using the rose petals to mimic scenes from her favorite film, “American Beauty.” 

When investigators questioned Rossum, she told them de Villers said he had taken a combination of old prescription drugs she bought in Mexico years earlier while she was trying to kick her addiction to methamphetamine. But she never mentioned the drug which actually killed him, fentanyl, an opiate commonly given to cancer patients that is some 80 times more powerful than morphine. 

Prosecutors argued de Villers had no access to fentanyl, which is highly regulated. They accused Rossum of conspiring with her lover, Michael Robertson, to kill him with drugs stolen from their office. 

An audit done after de Villers’ death found several doses of fentanyl missing from the lab. One vial that was last checked in by Rossum turned up empty; several fentanyl patches that had been handed to Robertson also were gone. 

Robertson, who returned to his native Australia in 2001, has not been charged and did not testify. He and Rossum were fired from the office in December 2000. 

When she entered court Wednesday, Rossum walked between her parents, holding their hands, and stared straight ahead as she passed a line of reporters. 

Near the end of her three-week trial, she took the stand and repeatedly denied any role in de Villers’ death. Prosecutors, however, forced Rossum to admit she had a history of lying to family, friends and police about her drug addiction and affair. They painted her as untruthful and urged jurors to throw out her entire testimony. 

At times tearful, Rossum said the final days with her husband were tense, with the couple arguing over her desire to separate. She recounted the hours before his death, saying that he spent most of the day in bed and that his voice was slurred by the medications she said he took. But she said she did not seek help because during a lunchtime talk with de Villers, he seemed to be improving. 

“I thought he was just sleeping it off,” she said. “I’ve wished every day I’d called someone.” 

No syringes or other administration devices were found in the apartment, which prosecutors said suggested Rossum had tried to hide any evidence. But the defense said investigators failed to examine two cups that were seen in the bedroom as well as trash bags on a balcony. 

Prosecutors said Rossum’s version of events didn’t make sense and pointed out that experts testified de Villers was comatose for six to 12 hours before his death, making lunch with Rossum improbable. 

SAN FRANCISCO — A federal appeals court reinstated Gennifer Flowers’ defamation and conspiracy suit against Sen. Hillary Rodham Clinton and former presidential aides George Stephanopoulos and James Carville. 

Ruling 3-0, the San Francisco-based 9th U.S. Circuit Court of Appeals said Tuesday that Flowers should have her day in court to try to prove the aides fouled her reputation when they publicly accused her of doctoring audio tapes between Flowers and Bill Clinton. 

As for the former first lady, now a senator from New York, she is accused in the suit of conspiring with the two behind the scenes to discredit Flowers. 

The controversy began in 1992, when a supermarket tabloid wrote that Bill Clinton and Flowers had an affair while he was governor of Arkansas. Bill Clinton denied the accusations, so Flowers held a news conference to play audio tapes she said were of secretly recorded intimate phone calls between them. 

Carville, now on CNN’s “Crossfire,” and Stephanopoulos, now an anchor on ABC’s Sunday morning program “This Week,” said on CNN’s “Larry King Live” that the woman doctored the tapes. Stephanopoulos repeated that allegation in a book. 

The two maintained they were shielded from defamation claims because they were commenting on news accounts of such allegations. 

Flowers maintained that news accounts of the tapes being doctored were false. Her lawsuit says Stephanopoulos and Carville knew or should have known they were false, and that they and the former first lady conspired to generate the news reports. 

“A defamatory statement isn’t rendered nondefamatory merely because it relies on another defamatory statement,” Judge Alex Kozinski wrote. “In this case, the truth of the news reports on which defendants claim to have relied is disputed.” 

The senator’s attorney, David Kendall, said in a statement that “the case is just as frivolous as it always was.” Stephanopoulos’ publisher, Little, Brown and Co., said in a statement it is confident that he “will prevail in this action.” 

Carville’s attorney did not return repeated phone messages. 

Larry Klayman, Flowers’ attorney, said he will seek unspecified damages when the case returns to federal court in Nevada.

SAN FRANCISCO — Both sides in the West Coast ports dispute resume bargaining Wednesday wondering whether progress in their contract dispute is the new rule — or the exception that proves labor peace remains beyond the horizon. 

After a week’s break, longshoremen and shipping companies were slated to renew their first party-to-party talks with a federal mediator since Nov. 5. They’ve spent the break mulling pension proposals, the next hot topic in a clash that led to last month’s 10-day shutdown of 29 major Pacific ports. 

In these negotiations, pensions are laden with symbolism. 

The International Longshore and Warehouse Union says retirement benefits must be sweetened in exchange for the introduction of computerized cargo tracking systems that will make dockside work more efficient but also cost jobs. 

The union calculates that the more efficient technology will save shipping lines and port terminal operators “at least $200 million a year,” said spokesman Steve Stallone — and longshoremen want a bite of that pie. 

“When the workers step up as we have to advance the industry at the cost of some of our jobs, we deserve some compensation for that and we deserve to have some retirement security,” Stallone said. “And we want to take it in the form of pensions.” 

The shipping industry press has reported that association members are divided over what has been federal mediator Peter Hurtgen’s greatest feat to date — a tentative agreement to expand the cargo tracking process. 

In announcing the hiatus last week, Hurtgen said the Pacific Maritime Association that represents shipping companies wanted time “to evaluate anticipated technology-based operational savings and pension funding costs into future years.” 

Hurtgen has imposed a media blackout, and on Tuesday a spokesman for the maritime association wasn’t available for comment. 

Still, a few things are clear. 

The tentative technology agreement could be imperiled if Hurtgen can’t get both sides closer on pensions. And the difference between the pension offers from both sides is wide. 

In October, the association offered a 25 percent pension increase over five years. The union countered with a proposal that would bring the maximum annual retirement benefit to about $50,000 for its most experienced members. 

That may sound like retirement in style, but by general standards it is a little low given union members’ wages.

SACRAMENTO — The recent reworking of some of California’s long-term energy contracts has shaved nearly $5 billion from the more than 50 deals, but consumers won’t immediately see the savings on their own energy bills. 

California officials announced the latest restructured contract Monday, as Tulsa-based Williams Cos. agreed to changes that could save the state between $375 million and $1.4 billion on a $4.3 billion energy contract. California has now negotiated 13 of the 56 long-term contracts, originally worth about $43 billion, that critics said locked the state into high prices for decades. 

The agreement frees Williams from lawsuits filed against it by the state and from California’s attempt through the Federal Energy Regulatory Commission to recover about $500 million the state alleges Williams overcharged it during the energy crisis. 

Consumer advocates said Tuesday the reworked contracts and refunds won’t cause consumer rates to drop anytime soon and amounted to a “missed opportunity.” 

Nettie Hoge, executive director of The Utility Reform Network, said the reworked deal would have “some modicum of benefit down the line. We’re not going to see any rate reduction soon.” 

Because the contracts are worth less means the state has less money “to collect from ratepayers” and will repay its debt faster, said Oscar Hidalgo, spokesman for the Department of Water Resources, the agency purchasing energy until the end of this year. In January, utilities are expected to again be able to buy electricity. 

Ratepayers are still going to pay higher rates to pay the debts incurred by utilities in 2000 and 2001, when wholesale prices spiked. 

Most of the energy in the Williams contract is scheduled through San Diego Gas & Electric Co., Hoge said, and customers there would be the first to see any savings. 

“But how it’s allocated, and among which customer classes, I don’t think anyone could say,” she said. “We’re not going to see our rates go down until PG&E and Southern California Edison are fully bailed out.” 

The three utilities’ debts jumped when they couldn’t pass the higher prices on to consumers, whose rates were capped. 

In January 2001, the state started buying electricity, eventually paying $6 billion for energy that is now being repaid through the sale of revenue bonds. The spot market prices were the basis for California’s refund request with FERC that originally sought $9 billion from energy wholesalers for sales from October 2000 to May 2001. 

The state Public Utilities Commission raised consumer rates last year to help pay for the utilities’ and the state’s energy debts.

LOS ANGELES — Three people were shot, including a 14-year-old boy, as a black stretch Hummer limousine stopped in a residential neighborhood to pick up a 40-year-old man for a birthday party, police said. 

The man going to the party was shot in the stomach and stray rounds struck the boy in the leg and a man in his 30s in a foot, said Officer Jason Lee, a spokesman for the Los Angeles Police Department. 

None of the victims appeared to suffer life threatening wounds, said Capt. Fabian Lizarraga. 

The shooting occurred about 4 p.m. at an intersection in south Los Angeles. 

The shots were fired by two men who walked up to the victim who was waiting for the limousine, Lee said.

NEW YORK — Miguel Tejada beat all those more famous American League shortstops to the Most Valuable Player award. 

After leading Oakland to the AL West title, Tejada easily defeated Alex Rodriguez on Tuesday, earning the AL honor when he received 21 of 28 first-place votes and 356 points from a panel of the Baseball Writers’ Association of America. 

“I don’t think there can be anyone on earth more happy than I am right now,” Tejada said from the presidential palace in the Dominican Republic, where about 1,000 people attended a reception in his honor. “Inside, I feel fulfilled.” 

His car to the palace was repeatedly stopped by the large crowd, and many of his relatives joined him at the palace. 

“I don’t know if I can count all the members of my family, because there’s lots of people here,” he said. 

In balloting that rewarded winning over statistics, A-Rod was second with five first-place votes and 254 points. He led the major leagues in home runs and RBIs but played for last-place Texas. 

Among the other two star AL shortstops, Boston’s Nomar Garciaparra was tied for 11th with 24 points and New York’s Derek Jeter wasn’t among the top 10 on any ballot. 

“It makes me real proud to be in the same group,” Tejada said. 

New York Yankees second baseman Alfonso Soriano got the remaining two first-place votes and was third with 234 points, followed by Anaheim outfielder Garret Anderson (184) and Yankees slugger Jason Giambi (162). 

Tejada thought a player who makes the playoffs should get preference in the voting, but also said he would have voted for Rodriguez. 

“He had a monster year. I’ve been thinking the whole way that he’s going to win the MVP,” Tejada said. “I got a surprise today when they made the announcement.”

LINDSAY — As Rob Hilarides drives his red Dodge truck along a dusty road to his 1,400-acre property, he pulls up to a sign that reads: “Future Home of Hilarides Dairy and Three Sisters Farmstead Cheese.” 

The sign has been the only item on the land the past four years, while environmental groups filed lawsuits to block expansion of the $3.7 billion dairy industry in the San Joaquin Valley because of concerns about air and water pollution from large dairies. 

But Hilarides and other valley dairymen see hope on the horizon. Several counties have approved dairy operations of 5,000 cows or more in recent months. In at least one county, Tulare, nearly 100 dairies have been waiting for permits. 

“Many times during the process we tried to think of a way to run away from the situation, but this is where we have chosen to live and raise our families,” said Hilarides, who recently received approval to build a 9,100 Jersey cow dairy. He said he has spent more than $500,000 for lawyers and environmental studies to keep the project afloat. 

“The support with the community around us has been one of the big factors to enable us to be willing to continue the fight,” he said. 

Environmental groups say they have battled the dairy industry because 72,000 asthma attacks and hundreds of deaths occur a year from an air basin that is one of the dirtiest in the nation, according to federal air regulators. 

“It’s a concern because more cows equals more pollution,” said Brent Newell, an attorney for the Center for Race, Poverty and the Environment, an organization that has filed several lawsuits in the valley over dairy regulations. “The amount of manure and toxic air pollutants increase when you have a large dairy.” 

Farms contribute more than a quarter of the smog in the valley during summer months and most of the soot pollution the rest of the year, according to the California Air Resources Board. 

Dairies, like farms, have been exempt from federal air regulations. But they soon may be regulated — and required to obtain air permits — after the Environmental Protection Agency settled a lawsuit in May to begin holding farms accountable for pollution from diesel water pumps and animal waste. 

The California Farm Bureau Federation has filed suit seeking to continue the exemption for another three years, so more scientific studies can determine how much pollution farms create. 

Environmental groups say dairies with 4,000 cows or more should be regulated because they annually produce 25 tons of smog-making gases, according to the Air Resources Board. Businesses emitting more than that amount of pollutants are required to have an air permit, which allows regulators to identify and track emission sources. 

But until the farm air permits process becomes law, environmental groups say they have to remain watchdogs. 

“These new proposals are about 8,000 cows or more, and that’s going to have a tremendous impact on air quality and water quality,” said Linda MacKay of the Association of Irritated Residents. “These facilities are much more like factories and should be regulated more like factories.” 

Dairymen whose projects recently have been approved say they have spent thousands of dollars and years fighting because they need larger dairies to compete. 

“We have urban encroachment here in Chino, there’s no way to expand our herd,” said George Borba, who recently received approval from Kern County to build two 14,000-cow dairies with his brother after fighting lawsuits for four years. 

“Our dairies are becoming 30 and 50 years old. We need to build modern facilities so we can complete with the newer ones up in the valley,” he said. “We can’t compete with the newer ones up in the valley, if we don’t move eventually, we will be out of business.” 

In the 1990s, California overtook Wisconsin as the nation’s leading producer of milk and cheese. California’s cows produced about 32.2 billion pounds of milk last year — more than 20 percent of total U.S. milk production. 

Dairy sales in Tulare County, where Hilarides plans to build his dairy, were $1.2 billion last year, and it was the No. 1 agricultural county in the nation. 

But while there is more milk being produced, smaller dairies are selling off their herds or joining together as conglomerates. Dairies are becoming bigger in the United States, but their numbers are decreasing, according to the U.S. Department of Agriculture. 

“The traditional quiet, small dairy operations are simply not able to generate enough income for family living to be acceptable,” said Jim Miller, an agricultural economist with the USDA. 

Dairymen such as Hilarides and Borba said they need large dairies to compete, and say they’ve laid down the groundwork for others to follow.

Berkeley may lower the boom on car stereo systems that some residents say have gotten out of hand. 

On Tuesday, City Council will consider a proposal from Mayor Shirley Dean to toughen the city’s laws against noise pollution. The proposal would enable police to go after those who drive with their supped-up stereos on full blast and possibly impose fines. 

“I really want the city to put a stop to it,” said Dean, who added that she can sometimes hear car music from her fifth floor office downtown. 

Dean said the excessive car stereo noise has gotten worse in recent years, and the city’s current noise ordinance is vague and hamstrings police from ticketing offenders. 

The call for tougher laws comes amid increasing evidence that excessive car stereo noise can cause health problems, according to the mayor’s report. 

Repeated exposure to boom stereos not only brings hearing loss, but can lead to insomnia, high blood pressure, irritability and learning difficulties in children, explained Mychelle Balthazar a public health specialist with the Deafness Research Foundation. 

Technological advances, despite health concerns, have allowed companies to offer consumers more powerful systems at more affordable prices. 

At a 2001 national car stereo competition in Kansas City Mo., the winner reached 174 decibels – about eight times louder than the sound of an airplane, said Ted Rueter, director of Noise Free America. 

A 2001 report by the Justice Department says that noises louder than 80 decibels can damage hearing. 

According to a salesman at Creative Car Sterel in Lafayette, a high-powered car stereo costs about $4,000 and can reach 130 decibels, about half the price of a comparable system five years ago. 

High decibel levels are only part of the problem, Rueter said. Many car stereo systems now include technology that can produce sounds with such a low base frequency that the resulting thumping can cause buildings to vibrate. 

“It’s acoustic terrorism,” he said, noting that the 2000 U.S. Census report listed excessive noise as the number one complaint among Americans. 

In Berkeley, most complaints against boom stereos are made by residents near James Kenny Park in west Berkeley. In May, Ronald Rugato, who lives near the park collected about 200 signatures for a petition asking city officials to crack down on stereo noise. 

“Young men are empowering their vehicles with $3,000 watts of subwoofer equipment, making houses shake and assaulting people with their second hand sound,” he said. 

A Berkeley police study found that in January 2002 residents filed 35 complaints of boom car stereo noise. 

But according to a city manager’s report, Berkeley law gives police few tools to cite the offenders.  

Presently, the law requires that before police take action, a citizen must identify the culprit and that the noise be intentional and reach a specific volume level. Because the offender is usually in a car, police can have difficulty locating the noise source. 

Dean said she would like the ordinance changed so police could take more initiative in the enforcement of noise laws. She suggested that first-time offenders be given a brochure explaining the risks involved with excessive noise and that multiple offenders receive fines. 

Her proposal is relatively tame compared to the actions of other cities. Since passage of a 1997 law, Chicago drivers risk having their car towed and a $615 fine if their car stereo can be heard from 75 feet away. Drivers in Popalion, Neb. who violate the same restriction can face up to three months in jail. 

Not all Berkeley residents find boom stereos a problem. “As long as the driver is passing by and not sitting in front of the house, let them enjoy their music,” said Tamira Chappell, who lives across from James Kenny Park. 

Dean’s proposal asks staff to review ways to toughen Berkeley’s ordinance and return the issue to council within four months.

NEW YORK — Barry Bonds became baseball’s first five-time Most Valuable Player, winning the NL award unanimously Monday. 

Bonds received all 32 first-place votes and 448 points in balloting by the Baseball Writers’ Association of America. None of his previous MVP wins was unanimous. 

St. Louis outfielder Albert Pujols was second with 26 second-place votes and 276 points, followed by Houston outfielder Lance Berkman (181) and Montreal outfielder Vladimir Guerrero (168). 

Bonds also won the MVP award for Pittsburgh in 1990 and 1992 and for the Giants in 1993 and 2001, and is the first player to twice win the honor in consecutive seasons. No other player has won an MVP award more than three times, and only 10 others have won it in consecutive seasons. 

Last year, Bonds received 30 of 32 first-place votes, with two Chicago writers casting their ballots for Cubs outfielder Sammy Sosa. Bonds finished second to Atlanta’s Terry Pendleton in 1991 and to teammate Jeff Kent in 2000. 

Bonds became the 14th unanimous winner, and just the fifth in the NL, joining Orlando Cepeda (1967), Mike Schmidt (1980), Jeff Bagwell (1994) and Ken Caminiti (1996). 

The 38-year-old Bonds won his first NL batting title this season with a .370 average and set records with 198 walks, 68 intentional walks and a .582 on-base percentage. He had a .799 slugging percentage, down from his record .863 last year but still good enough to lead the major leagues. 

“The guy to me, Bonds, has been the most dominant from what I’ve seen in 35 years of watching major league baseball,” said Hall of Famer Reggie Jackson, the AL MVP in 1973. “I haven’t seen anybody do what Bonds has done the last two years.” 

Bonds hit 46 homers, down from a record 73 the previous year, and had a team-high 110 RBIs as San Francisco won its first NL pennant since 1989. But Bonds and the Giants lost the World Series to Anaheim in seven games after being just six outs from the title in Game 6. 

“It’s not going to haunt us,” he said after the Game 7 loss two weeks ago. “We’ll go to spring training and start again.” 

MVP voting was conducted before the postseason, when Bonds hit .356 with eight homers, 16 RBIs and 27 walks. The outfielder, who often appears aloof and combative, said he enjoyed the World Series, even though the Giants didn’t win. He claims to dislike the attention. 

“I just want to go to the ballpark, do my job just like anybody else, go home and be with my family,” he said during the World Series. “I chose to play baseball because I want to be the best at it for whatever it is for me. Being a team concept, doing the best I can. I don’t like to talk about it really. I’d rather just show it on the field.” 

He is showing his talents in Japan this week as part of the major league all-star tour. He homered twice Saturday against the Yomiuri Giants, struck out three times Sunday against Japanese stars, then hit a two-run homer in Monday’s 8-2 loss. 

Pujols hit .314 with 34 homers and 127 RBIs, one short of Berkman’s league-leading total. 

Bonds gets a $500,000 bonus added to his $13 million salary. He would have gotten $150,000 for the World Series MVP award — he was a 5-0 winner when votes were collected with the Giants ahead late in Game 6 but lost 4-1 to Anaheim’s Troy Glaus when the Series ended the following night. 

Berkman gets $25,000 for finishing third, and Los Angeles outfielder Shawn Green gets $50,000 for finishing fifth.

To the Editor: 

Councilmember Miraim Hawley says developers are nobody special at City Hall, but it’s clear from events concerning the project at Acton Street and University Avenue that developers are flying first class while citizens are stuck in coach. In this case it cost Berkeley citizens $157,433 (Daily Planet, May 17). Meanwhile Berkeley schools go begging and the city budget is so bust the city can’t afford the red ink. 

Here is how it played out. The state of California owned a piece of property at 1392 University Ave. with a value estimated between $700,000 and $1 million. (You may remember it was once part of a proposed deal with Maxam/Pacific Lumber in exchange for old growth redwoods.) The state of California transferred that parcel to Panoramic Interests and Jubilee Restoration charging only a transfer fee of $40,000 with the understanding it would be used to create 20 units of affordable housing – the maximum residential density for the parcel size. Fast forward to July 2001, the city of Berkeley, deaf to neighborhood appeals, approves the project (currently under construction) that added 51 housing units (71 total) reduced required setbacks, reduced required parking, reduced required open space and calls for the entire ground floor to be retail space. (This is double the residential density as outlined in the Berkeley General Plan.) 

The state of California now sees that what was earmarked to be a charitable land transfer to support affordable housing has instead gone to make a shopping plaza with apartments stuck on top. Since commercial space was never a part of their transfer, the state of California demanded payment for the proportion of the parcel used for commercial space: $78,000. You might think since it was Panoramic Interests and Jubilee Restoration that drew up the plans contrary to the wishes of the state and since they profit handsomely from the development, it should be their responsibility to pay the money. Not so. The Berkeley City Council paid the money. 

Edwin Allen 

Berkeley

Tuesday, Nov. 12 

Holiday Craft Baazar 

10 a.m. to noon 

St. John’s Presbyterian Curch, 2727 College Ave. 

Handmade items, sweet treats, and knick knacks will be for sale. All are welcome 

845-6830 

“Garbage and Globalization: Victories in the Fight Against Corporate Polluters” 

7 to 9 p.m. 

Ecology Center, 2530 San Pablo Ave. 

Inspiring talk on corporate accountability and environmental justice in the Philippines, Asia, and around the world 

548-2220 x233 

Free 

Tuesday Tilden Walkers 

9:30 a.m. 

Meet at Little Farm parking lot, Tilden Regional Park 

Join seniors and other slower walkers and enjoy the beauty of Tilden Park 

Contact Yvette Hoffner at 215-7672 or teachme88@yahoo.com  

Wednesday, Nov. 13 

League of Women Voters Meeting 

Noon 

LWVBAE office, 1414 University Ave. 

Discussion will focus on regional issues 

849-2154 

Thursday, Nov. 14 

Unitarian Univeralist Meeting Featuring Professor Michael Nagler on Peace 

12:45 p.m. 

UC Berkeley Faculty Club  

Professor Nagler, author and founder of UC Berkeley’s Peace and Conflict Studies Program, speaks on non-violent approaches to current events. Open to all 

For more information call (925)376-9000 

Free 

The Drug Resource Center-UC Berkeley 

6:30 to 7:30 p.m., Open House 

300B Eshleman Hall (on Bancroft) 

7;30 to 10:00 p.m., Celebration 

LaVal’s Pizza, 2156 Durant Ave 

Inaugural Event followed by an evening of food and fun, during which speakers will how the center will benifit the community. 

Berkeley Path Wanderers Meeting 

7 to 9 p.m. 

Hillside Club, 2286 Cedar St. 

Meeting to include a presentation by best- selling author Adah Bakalinsky who will speak about her book, “Stairway Walks of San Francisco” 

Free 

Grandparent Support Group 

10 to 11:30 a.m. 

Malcolm X Elementary School, 1731 Prince St. Room 105 A 

Support group facilitated by Marjorie Holloway LCSW for Kinship Caregivers and others 

644-6517 

Free 

Friday, Nov. 15 

“Imagining A World Without Prison” Opening Night Benefit 

8 p.m. to 1 a.m. 

Black Box, 1928 Telegraph Ave. 

The Prison Activist Resource Center events features dynamic speakers, music, art, and food. The exhibit, which features writing and artwork from prisoners, former prisoners, and family members of prisoners, runs Nov. 10 to 30  

For more information call 893-4648 or visit www.prisonactivist.org 

$5- $25 sliding scale 

Berkeley Free Folk Festival Meting 

4 p.m. 

2180 Milvia Way, 5th Floor, Red Bud Room 

Discuss final site location, date of 2003 festival, and volunteers 

649-1423, hlih@yahoo.com 

Free 

Saturday, Nov. 16 

Latina Leadership Conference 

9 a.m. to 4 p.m. 

UC Berkeley Campus 

Lambda Theta Nu Sorority Inc. will provide non-college bound Latinas information about options in higher education and tackle the high drop out rate of Latina girls  

Free 

Magic School Bus Video Festival 

10:30 a.m. to 1:30 p.m. 

Lawrence Hall of Science, Centennial Drive-above UC Campus, below Grizzly Peak Blvd. 

www.lawrencehallofscience.org 

Puppet Show at the Hall of Health 

1:30 to 2:30 p.m. 

2230 Shattuck Ave, lower level 

Al children adn their parents are invited to see the award-winning puppet troupe, The Kids on the Block 

549-1564 

Suggested donation $2/ children under three free 

The First Ever Integrative Medicine Conference in Berkeley 

10 a.m. to 4 p.m. 

2060 Valley Life Science Building at the UC Berkeley campus 

Interactive day of speakers and workshops exploring alternative, complementary, and integrative medicine as a whole 

For information or reservations see www.ocf.berkeley.edu/~sim/conference 

$5 with pre-registration 

Sunday, Nov. 17 

17th Annual Jewish Genealogy Workshop 

12:30 to 4 p.m. 

Berkeley-Richmond Jewish Community Center, 1414 Walnut St. 

Lectures and specialty sessions included 

Info at www.jewishgen.org/sfbajgs 

$5 for non-members 

Simplicity Forum 

7 to 8:30 p.m. 

Berkeley Public Library, Claremont Branch, 2940 Benvenue Ave. 

cecile@simplicitycircles.com 

Free 

Monday, Nov. 18 

Community Meeting 

6 to 8 p.m. 

Berkeley Alternative High School, 2107 Martin Luther King Jr. Way 

Led by the Superintendent, this discussion aims to serve as a collaboration towards establishing a long-term planning process 

R.S.V.P. to Queen Graham  

644-87649 

Women and Welfare Reform: Who Benefits and Who Loses? 

5 to 6:30 p.m. 

Women’s Faculty Club Lounge, UCB 

Lecture featuring Mimi Abramowitz of CUNY’s Hunter College 

Struggles for Racial Justice in Education 

4:30 to 6:30 p.m. 

Oakland Technical High School Library, 45th and Broadway, Oakland 

The Peace and Justice Caucus of the Oakland Education Association sponsors this event, which addresses race, youth, and education through a variety of community speakers 

654-8613 or jzern1@yahoo.com 

Tuesday, Nov. 19 

Concensus Unit: State Community College Study 

10:30 a.m. 

Berkeley Public Library, Central Branch 

Community Room 

Shattuck Ave. and Kittredge 

Sponsored by the Berkeley League of Women Voters 

549-9719 

History and Planting of Golden Gate Park 

1 p.m. business meeting, 2 p.m. program 

Epworth United Methodist Church, 1953 Hopkins St. 

The Berkeley Garden Club presents Ernest Ng, volunteer city guide, who will speak about the history and planting of San Francisco’s historic park 

524-4374 

Tuesday Tilden Walkers 

9:30 a.m. 

Meet at Little Farm parking lot, Tilden Regional Park 

Join seniors and other slower walkers and enjoy the beauty of Tilden Park 

Contact Yvette Hoffner at 215-7672 or teachme88@yahoo.com 

Berkeley Intelligent Conversation 

7 to 9 p.m. 

Berkeley-Richmond Jewish Community Center, 1414 Walnut St.  

Join the bimonthly discussion group informally led by fomer UC Berkeley extension lecturer, investment advisor and finncial planner Robert Berend. Open to all. Please bring light snacks or drinks to share. This session’s topic: To be determined by those present 

527-5332 

Free 

Wednesday, Nov. 20 

Mental Health Commission 

6:30 p.m. 

2640 Martin Luther King Jr. Way, Auditorium 

981-5270 

“Deep Healing Sleep” 

6:30 to 7:30 p/m/ 

Pharmaca, 1744 Solano Ave. 

Stress management expert, author, and Oregonian Nancy Hopps leads this integrative session 

527-8929 

Free 

Berkeley Gray Panthers General Meeting 

1:30 p.m. 

North Berkeley Senior Center, 1901 Hearst Ave. at MLK 

Covering the Nuts and Bolts of Senior Health and Safety, with guest speakers 

548-9696 

Thursday, Nov. 21 

Workshop for Homeowners 

6 to 8 p.m. 

Learn how to lower your utility bills and use building materials that are healthier for your family and the environment at a free green building workshop 

Free 

Simplicity Forum 

7 to 8:30 p.m. 

Claremont Branch Library, 2940 Benvenue Ave. 

Kerrie Hein explores spirituality, life purpose, and simplicity in this discussion session. Open to all 

549-3509 or www.simpleliving.net 

Free 

“Green Building and Remodeling” 

6 to 8 p.m. 

Building Education Center, 812 Page St. 

Special fall seminar with architect Greg Van Mechelen and the Alameda County Waste Management Authority and Recylcing Board 

525-7610 

Free 

Tuesday, Nov. 12 

Open Mike with Ellen Hoffman Trio 

8 p.m. 

Anna’s Jazz Bistro, 1801 University Ave. 

$4 

Tom Rigney & Flameau 

7:30 p.m. doors open, 8 p.m. dance lessons with Patti Whitehurst, 8:30 p.m. show 

Ashkenaz, 1317 San Pablo Ave. 

Violinist-fiddler-composer Tom “Rigo” Rigney’s East Bay quintet Flambeau play traditional Cajun and zydeco two-steps and waltzes, low-down-blues, and New Orleans R&B 

525-5054 

$8 

Wednesday, Nov. 13 

Classical Piano Concert 

1:15 p.m. 

North Bekeley Senior Center, 1901 Hearst Ave. at MLK 

Solange Buillaume will be playing Beethoven, Bach and other cassical works 

Free  

John Wesley Harding 

8 p.m. 

Freight & Salvage, 1111 Addison St. 

Harding’s biting social commentary and outrageous humor blend seamlessly with his warm, personal songs. 

548-1761 

$15.50-$16.50 

Jimmy Ryan Jazz Quartet 

8 p.m. 

Anna’s Jazz Bistro, 1801 University Ave. 

$4 

Brenda Boykin & Home Cookin’ 

7:30 p,m. doors, 8 p.m. swing dance lessons w/ Nick & Shanna, 9 p.m. show 

Ashkenaz, 1317 San Pablo Ave. 

East Bay belter Boykin and her band Home Cookin’ purvey a West Coast Swing dance style she calls Afrobilly Soul Stew-also the name of the band’s second CD. 

525-5054 

$8 

Thursday, Nov. 14 

Peter Mulvey, Mark Erelly 

9:30 p.m. 

The Starry Plough, 3101 Shattuck Ave. 

21+ 

$10 

Alef Null 

8 p.m. 

Anna’s Jazz Bistro, 1801 University Ave. 

Moroccan and Kurdish music 

$4 

Friday, Nov. 15 

Walter “Ogi” Johnson and His Native American Flute 

7:30 p.m. 

Fellowship Hall, 1924 Cedar St. 

Fellowship Cafe & Open Mike is sponsored by the Berkeley Fellowship of Unitarian Universalists. Poets, singers, musicians, and storytellers are invited to sign up for the open mike.  

540-0898 

$5-$10 donation 

The Slackers w/ Buffalo Soldier, The Phenomenauts,The Locals and Hebro 

7:30 p.m. doors, 8 p.m. show 

Ashkenaz, 1317 San Pablo Ave. 

New York’s hot ska band, The Slackers, headline an almost non-stop evening of live reggae,ska and rock dance music. 

525-5054 

$10 

Classis Jazz with Anna de Leon 

8 p.m. 

Anna’s Jazz Bistro, 1801 University Ave. 

$4 

Cynthia Dall 

9:30 p.m. 

The Starry Plough, 3101 Shattuck Ave. 

21+ 

$8 

Saturday, Nov. 16 

An Evening of Choral Music 

7 p.m. 

Pacific School of Religion Chapel, 1798 Scenic Ave. 

A wide variety of choral styles from Bay Area groups including Voci, Opus-Q, Let’s Do It!, and New Spirit Community Church Choir 

849-8280 

$15-$20, sliding scale 

Jeff Tauber and Friends 

8 p.m. 

Anna’s Jazz Bistro, 1801 University Ave. 

$5 

Alpha Yaya Diallo 

9 p.m. doors, 9:30 p.m. show 

Ashkenaz, 1317 San Pablo Ave. 

Rooted in West African Dance Music, Diallo’s lilting style brings in an African medling of Cuban, Cape Verdean, Arabic and North American blues and Jazz. 

525-5054 

$12 

Sunday, Nov. 17 

Mingus Amungus 

4:30 p.m. 

Jazzschool, 2087 Addison St. 

This seven-piece band combines be-bop, funk and hip hop jazz. 

845-5373 

$10-$15 

A Night at the Casbah 

6:30 p.m. doors, 7 p.m. show 

Ashkenaz, 1317 San Pablo Ave. 

Alexandria & the Near Eastern Dance Company presents an evening of classical belly dance and authentic folk dance from the Near and Middle East 

525-5054 

$7 

Ceramics - Opening Reception 

Through Nov. 17 

3 to 5 p.m. 

A New Leaf Gallery, 1286 Gilman St. 

525-7621 

Free 

“Shove Off to Birthday Island” 

Through Nov. 30 

Reception Nov. 2 from 5 to 8 p.m. 

Tue. through Sat., 11 a.m. to 5 p.m.  

Ardency Gallery, 709 Broadway 

A collaborative exhibition of Tonya Solley Thornton and Frank Haines including video and sculptural installations. 

836-0831 

Children of the Gulf War Photo Exhibit 

Through Nov. 30 

Mon. through Thurs., 10 a.m. to 9 p.m. 

Fri. through Sat.., 10 a.m. to 6 p.m. 

Sun., 1 p.m. to 5 p.m. 

Berkeley Public Library, 2090 Kittredge St. 

Featuring works of Takashi Morizumi 

Information: www.savewarchildren.org 

“Recent Acquisitions” 

Through Dec. 14 

Thurs. through 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. through Sun., noon to 5 p.m. 

Berkeley Art Center 

Live Oak Park, 1275 Walnut St. 

Information: www.berkeleyartcenter.org, 644-6893 

Free 

Peaceable Kingdom 

Through Dec. 22, Weekends, Nov. 30 to 22, Weekdays, Dec 16 to 20 

10 a.m. to 6 p.m. 

The Berkeley Potters Guild, 731 Jones St. & 4th St. 

Elephants! 

Through Jan. 12 

Daily, 10 a.m. to 5 p.m. 

Lawrence Hall of Science, Centennial Drive-above UC Campus, below Grizzly Peak Blvd. 

Daily activities, Larger than Life, 10:30, 11:30, a.m., 12:30 p.m., Elephant Tails storytelling, 1:30, 2:30, 3:30 p.m.  

www.lawrencehallofscience.org 

$8 adults. $6 youth, seniors, disabled, $4 children 3-4, Free, children under 3, LHS members, UC Berkeley students 

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. 

Menocchio 

Nov. 6 through Dec. 22 

Berkeley Repertory Theatre, 2025 Addison St. 

Berkeley Repertory Theatre presents the world premiere of Lillian Groag’s charged comedy 

647-2949, www.berkeleyrep.org  

$38 and $54/ sliding scale 

“Cinemayaat: The Arab Film Festival” 

Through Nov. 12 

Various locations throughout Berkeley, San Francisco, and San Jose. 

For more information contact the Arab Film Festival at info@aff.org, (415) 564- 1100, or www.aff.org

Despite critics’ fears, the University of California’s “comprehensive review” admissions policy has not lowered academic standards or skirted a ban on the consideration of race in admissions, according to a new study. 

Comprehensive review, used in all UC admissions for the first time this year, weighs intangibles like achievement in the face of adversity and community leadership, in addition to traditional academic measures like grades and test scores. 

Advocates argue that the process, used by many competitive schools around the country, allows for a full view of each applicant. But critics say the new system undercuts UC’s high academic standards and serves as a way around Proposition 209, passed by California voters in 1996, which forbids preferential treatment based on race. 

A study released last week by the Board of Admissions and Relations with Schools (BOARS), a key faculty committee, found only a small decline in the academic qualifications of this year’s freshman class and a minor increase in the number of “underrepresented minorities” - African-Americans, Latinos and Native Americans – accepted. 

Prior to this year, the nine-campus University of California system accepted 50 to 75 percent of its students on academic factors alone, and the rest under comprehensive review. 

According to the new study, the mean grade-point average dropped only 0.05 points this year and SAT scores went down only slightly system-wide. At UC Berkeley in particular, the mean GPA dropped 0.03 points and SAT scores fell five points, from 1,337 to 1,332. 

Meanwhile admissions of underrepresented minorities increased slightly on some campuses, with the largest gains coming at UCLA and UC San Diego, and dropped at UC Davis and UC Irvine. UC Berkeley saw a small increase, from 16.3 to 16.5 percent of the population. 

But many of the critics are still unsatisfied. Bret Manley, president of UC Berkeley College Republicans, said comprehensive review provides a way around Proposition 209 and encourages applicants to embellish any hardships they may have faced prior to college. 

“People are compelled to exaggerate on their applications,” he said. 

The BOARS report, however, cited a pilot program at UC San Diego that required 437 applicants to verify self-reported family income, honors and achievements, academic enrichment programs and community service. Only one student, according to the study, could not provide documentation. 

The UC San Diego verification program did not focus on applicants’ personal statements, which would include a discussion of any hardship. But all of the applicants in a small system-wide study spearheaded by the UC president’s office were able to provide documentation supporting their statements, according to the study. 

All UC campuses are scheduled to launch a verification program beginning with the fall 2003 admissions cycle. 

The BOARS report also sought to downplay any concerns that admissions offices are placing undue weight on non-academic factors like hardship. 

“In reviewing campus policies, implementation plans and admissions outcomes, BOARS found no evidence to indicate that the role of hardship had increased substantially, nor that it is used inappropriately in the admission process,” the report reads. 

“Nevertheless, BOARS recognizes that in the intensely competitive college admission environment in which UC operates, we have an obligation to reassure the general public that the values implicit in our selection criteria and processes are appropriate.” 

The report found that UC Davis and UC San Diego, which assign point values to non-academic factors in a weighted admissions formula, did not place undue emphasis on hardship. UC San Diego weighted factors like community service and leadership at almost 11 percent and hardship at almost 13 percent. Academic factors counted for almost 77 percent. The UC Davis figures were similar. 

The study found no wrongdoing at UC Berkeley or other campuses which do not use fixed weights, but encouraged them “to conduct analysises that will illuminate the role of ‘hardship’ in their decisions and to communicate the results of those analysises broadly.” 

The UC Board of Regents is set to review the BOARS study this week at meetings in San Francisco. During a September meeting Regent Ward Connerly, who authored Proposition 209, called for an independent study of comprehensive review to allay public concerns that it provides a way around the ban on considering race in admissions. 

Lt. Gov. Cruz Bustamante, also a Regent, blasted the idea and said the university should wait for the BOARS report. 

The BOARS committee supported comprehensive review prior to conducting last week’s study. 

Contact reporter at scharfenberg@ 

berkeleydailyplanet.net

OAKLAND — Billy Beane already had envisioned his first deal as Boston’s new general manager: Pedro Martinez to the Oakland Athletics. 

Yeah, right! 

The A’s general manager could joke about swapping the Boston ace Monday, after announcing he had changed his mind and decided to stay in Oakland rather than take over baseball operations of the Red Sox. 

Beane said he decided to stay for several reasons, including his love for the organization he has built into a perennial playoff team, and staying close to his daughter who lives in Southern California. 

Beane reportedly was offered about $2.5 million per year to take the Boston job — a position he considered attractive because of the franchise’s deep history and prestige. Beane currently makes about $400,000 annually with the A’s, and said he did not ask for a raise to stay put. He said he will fulfill his Oakland contract, which runs through 2008. 

“For 24 hours, to think I took the choice not to have Hudson, Mulder and Zito, that’s a fool,” Beane said at a news conference. “I was never really gone, but I’m so glad I’m back.” 

He was referring to Oakland’s three aces — Tim Hudson, Mark Mulder and Barry Zito — players Beane has watched develop into three of baseball’s best pitchers. 

“Boston is definitely a great team, but I think he realizes we still have a bright future,” Hudson said. “Both the front office and the players have something to be proud of, we have for a few years now, and that’s one of the reasons he wanted to stay around. These are the guys he’s seen come through the system and have success. 

“I think it was a good choice for him. He might not get the paycheck he would have, but I think he’ll be happy.” 

The 40-year-old Beane withdrew from consideration for the Boston job Sunday night, ending a whirlwind weekend in which he agreed to leave. 

Red Sox chief executive officer Larry Lucchino said he would proceed with a search in a timely manner. 

“We are disappointed, but not devastated,” Lucchino said. “We think Billy Beane would have been an outstanding GM here and we believe that he would have adjusted to the East Coast ways and culture and lifestyle. But we respect the judgment that he made for the reasons that he made it.” 

After high school, Beane signed with the New York Mets based solely on money, and later regretted it. That played into his decision this time. 

He spent most of the weekend at home in his pajamas trying to decide what to do. A deal with the Red Sox was all but done, provided the teams could settle on compensation. 

“I know he agonized over it a long time,” a relieved owner Steve Schott said. 

Beane is given much of the credit for building a team whose 103 wins tied for best in the major leagues this season, and for assembling the solid young pitching staff. 

“He would have had two of the best pitchers in Pedro and Derek Lowe,” Hudson said. “But with us three, we have as good a shot to win as anybody.” 

Beane, who also said he didn’t want to move far from his daughter, stood in the same room at the Coliseum in which two weeks ago he announced the hiring of bench coach Ken Macha to replace manager Art Howe. 

“Now we’re back here two weeks later to welcome Billy back,” Schott said.

To the Editor: 

I think that no other ballot measure in Berkeley history has lost by such a large margin as Measure P, the height initiative, with 80 percent voting against it. This decisive vote should be the end of NIMBYism in Berkeley, but it obviously won't be. Howie Muir mentions a series of lawsuits (Daily Planet, Nov. 6) that could stop development. It is more disturbing that two backers of Measure P are running for the Executive Committee of the Northern Alameda Group of the Sierra Club: Elliot Cohen and Carrie Olsen.  

The Sierra Club did not oppose Measure P because the Northern Alameda County Group voted to oppose the measure by only 5 to 4, just short of the required two-thirds majority. If these two people are elected, this group will have a NIMBY majority. It will undoubtedly do its best to oppose new housing in Berkeley, despite chapter and national Sierra Club policies that support smart growth. City Councilmember Dona Spring has done a mailing asking people to vote for these two candidates (and one other candidate) in the Sierra Club election. Dona Spring took a public position against Measure P as a matter of political expediency, but she also did her best to kiss up to Measure P supporters. She was endorsed for re-election by the pro-P Berkeley party. Now, it looks like she is trying to build a NIMBY political machine within the local Sierra Club group. 

The ballot is in the current Sierra Club Yodeler. If you are a Sierra Club member and you voted against Measure P, then please vote in this Sierra Club election, even if you have never voted in one before. Vote for anyone except Elliot Cohen and Carrie Olsen. The pro-P faction is obviously a tiny fringe element in Berkeley politics. It should not be allowed to use back-room politicking to take over the local Sierra Club.  

Carl A. Adams 

Berkeley

A week after voters narrowly defeated a $1.05 billion bond to seismically retrofit BART facilities, the transit agency is searching for new sources of funding. 

“I don’t think there’s any question that we have to proceed with a seismic retrofit,” said Joel Keller, president of the BART Board of Directors. “We have a duty as stewards of the system.” 

Keller said the agency will look for new pools of state and federal money to pay for a retrofit of the transbay tube, connecting Oakland and San Francisco, and a host of other projects. But in the end, he suggested, BART will likely pursue a combination of fare increases and a new, less-expensive bond measure on the next ballot. 

“Maybe $1 billion is the psychological barrier,” Keller said, arguing that a $900 million bond coupled with $100 million in fare increases might be more palatable to voters. 

Voters in three counties, San Francisco, Alameda and Contra Costa cast votes on the $1.05 billion Measure BB last week, with 64.2 percent approving. 

The bond required a two-thirds majority, or 66 percent of the vote, to pass. 

BART put the measure on the ballot after a 1 1/2-year, $25 million study, completed in June, found the system vulnerable to a major earthquake. 

If passed, the measure would have raised property taxes in all three counties an average of $7.80 per $100,000 of assessed value for the next 40 years. 

But critics argued that riders, not property owners, should foot the bill for any seismic retrofit. The Alliance of Contra Costa Taxpayers, which led the fight against Measure BB, said fare increases starting at 11 cents and rising to 59 cents would eventually cover costs. 

Alliance President Ken Hambrick stuck to the same argument Monday. He said BART, in the wake of the Measure BB defeat, should now turn to a fare increase if it wants to brace against a major earthquake. 

“If they really believe in this, they ought to come back with a fare-based bond,” he said. 

But Keller argued that a retrofitting program rooted in substantial fare hikes could hurt ridership. 

“The thing I’m worried about is public transportation, in order to be viable, has to be affordable,” he said. 

Hambrick countered that an 11 cent jump would not turn riders away from BART. But at least one BART rider interviewed Monday, David Jameson of Oakland, bristled at the idea of riders, rather than property owners, paying for a retrofit. 

“I think rich people should pay for it,” he said. 

Whatever the political prospects of a new bond, BART board director Roy Nakadegawa, who represents parts of Berkeley and several surrounding cities, said the transit agency must pursue it. 

“Whether it’s doable or not, I’m saying it’s necessary,” said Nakadegawa who, like Keller, supports a mix of bond money and fare increases. 

Nakadegawa said quick movement on a new bond is necessary to ensure the public safety sooner rather than later. He also said the longer BART waits, the more the price will escalate. 

“I think it’s foolish to hold off,” he said. 

Nakadegawa said BART has learned one important lesson from the Measure BB defeat. Next time, Nakadegawa said, the transit agency will have to do a better job convincing voters of the traffic nightmare that would result from a BART shutdown. 

“Five years ago, when workers went on strike, it was a tremendous backup, not just on the [Bay] bridge,” he said. 

Keller suggested that an improved economy, in the next couple of years, might put voters in a more generous mood. 

Contact reporter at scharfenberg@ 

berkeleydailyplanet.net

DENVER — The Oakland Raiders turned Monday Night Football’s anniversary celebration into a record-setting show for their old folks. 

With 36-year-old Rich Gannon completing 21 straight passes and 40-year-old Jerry Rice becoming the first player to score 200 career touchdowns, the Raiders broke a four-game losing streak by beating the Denver Broncos 34-10. 

Rod Woodson, 37, extended his own career record of interception returns for touchdowns with a 98-yarder in the first quarter that sent the Raiders on their way. 

The win on ABC’s celebration of its 500th Monday night telecast brought Oakland (5-4) within a game of the Broncos (6-3) in the AFC West. 

Along with scoring two touchdowns for a total of 201, Rice broke Walter Payton’s record for total yardage.

To the Editor: 

Is it just me, or was Russ Ellis’ introduction of Mayor-elect Tom Bates at their victory celebration scary? He said, “We're gonna make some music. We're going to make some moral music.” (Daily Planet, Nov. 7) 

These are the type of sanctimonious, naive and misguided words that end up coming from the cockpit of a 747 heading toward the World Trade Center. And ironically, uttered by anyone with an agenda out of step with theirs, would not be tolerated. 

Greg Schlappich 

Berkeley 

Berkeley voters last Tuesday were in keeping with the statewide trend of avoiding election polls in record numbers. 

Citywide turnout on Election Day was 54.7 percent, down from the 75.6 percent of registered voters participating in the 2000 election and more than five points down from attendance in the last two non-presidential elections. City Clerk Sherry Kelly said citywide voting totals would likely rise as remaining absentee ballots trickle in, but not significantly. 

Despite a lower draw, Berkeley still outpaced the statewide average of 44.8 percent turnout, which the Secretary of State’s Office called the lowest in Election Day history. Alameda County turnout, as a whole, was 47.6 percent. 

Berkeley officials, in spite of a high-profile mayoral race and at least two landmark ballot initiatives, said they were not surprised with the low number of voters. 

“The top of the ticket just wasn’t that exiting,” said Mayor-elect Tom Bates, who defeated incumbent Mayor Shirley Dean by a 14 percent margin. 

City Clerk Kelly agreed. 

“We had the core group of voters who are concerned with local issues, but not a lot of draw for state races,” she said. 

The mayor’s race was the biggest draw of Berkeley’s local issues, with 33,825 of the city’s 64,838 registered voters weighing in. 

Measure O, which forced coffee retailers to sell only organic, shade-grown or "Fair Trade" cups of coffee, was the second most-popular issue, garnering 31,916 yes and no votes. Measure P, which set strict height limits on new buildings, collected a total of 31,205 votes. Neither measure passed. 

UC Berkeley’s student government estimated that about 45 percent of the students voted this year – either in their hometown or in Berkeley’s election. 

“The student population really influenced the District 7 and 8 [City Council] races,” said Jimmy Bryant, vice-president of external affairs of the Associated Students of the University of California. 

UC students were candidates in the two districts that share a northern border with the campus. In the 7th District, sophomore Micki Weinberg was defeated by incumbent Councilmember Kriss Worthington, though he won an admirable 39 percent of the vote, noted Bryant. 

In the 8th District, student Andy Katz won 36 percent of the vote, enough to force a runoff election with candidate Gordon Wozniak. 

“The students also contributed to Bates’ big win,” Bryant added.

To the Editor: 

I am writing in horror. What is America coming to that we think we can shoot up people in Yemen with missiles fired by “predator drone airplanes”? What ever happened to international law? Is the American government now free to kill anyone who is opposed to the American way of life? Don’t people who are accused of a crime usually have a trial? Go to jail if guilty, set free if innocent? Since when have we felt that we can kill anyone we want? And the scary thing is that the current reporting of the incident is that this appears to be an OK way to behave. Heaven preserve us from ourselves, because certainly our own government is not going to. What are we teaching the younger generation? 

Wendy Markel 

Berkeley

BAGHDAD, Iraq — Iraqi lawmakers denounced a tough, new U.N. resolution on weapons inspections Monday as dishonest, provocative and worthy of rejection — despite the risk of war. But parliament said it ultimately will trust whatever President Saddam Hussein decides. 

One after the other, senior lawmakers rejected the resolution, the latest in a long effort to ensure Iraq scraps its weapons of mass destruction. This time, however, the United States and Britain have made clear they will attack Iraq if it does not fully comply. 

Parliament speaker Saadoun Hamadi said the resolution was stacked with “ill intentions”, “falsehood”, “lies” and “dishonesty.” Salim al-Koubaisi, head of parliament’s foreign relations committee, recommended rejecting the resolution but also advised deferring to the “wise Iraqi leadership” to act as it sees fit to defend Iraq’s people and dignity. 

“The committee advises ... the rejection of Security Council Resolution 1441, and to not agree to it in response to the opinions of our people, who put their trust in us,” al-Koubaisi told fellow lawmakers. 

Saddam has used parliament’s action as cover for difficult decisions in the past, and harsh rhetoric does not necessarily mean parliament will reject the proposal. Saddam ordered parliament to recommend a formal response, and lawmakers were expected to vote on recommendations for the Iraqi leadership Tuesday. 

According to the resolution, Iraq has until Friday to accept or reject the resolution, approved unanimously last week by the U.N. Security Council. 

U.N. spokesman Fred Eckhard said there are numerous interpretations for the deadline — the minute the resolution was adopted, the minute Iraq was notified, the end of business Friday, or midnight on Friday. It is up to the Security Council to interpret its own resolution, Eckhard said. 

Anne Power, a spokeswoman with the British mission at the United Nations, said Britain intepreted the deadline to be seven 24-hour periods from the minute the resolution was adopted. That would mean that Iraq has until 10:17 a.m. EST Friday, Nov. 15 to respond. Other Security Council members could have different interpretations however. Chinese deputy ambassador Zhang Yishan, the current council president, said he was checking on the exact deadline. 

If Saddam fails to follow through, a Pentagon plan calls for more than 200,000 troops to invade Iraq. 

Parliament’s advice on the new U.N. resolution, which demands Iraq cooperate with U.N. weapons inspectors or face “serious consequences,” will go to the Revolutionary Command Council, Iraq’s ruling body headed by Saddam. 

Should parliament recommend acceptance, it would allow Saddam to claim the decision was the will of the Iraqi people and more smoothly retreat from previous objections to any new resolution governing weapons inspections. 

In Washington, President Bush’s national security adviser, Condoleezza Rice, rejected the legitimacy of the parliament debate. 

“One has to be a bit skeptical of the independence of the Iraqi parliament from Saddam Hussein,” she said. “I don’t think anyone believes this is anything but an absolute dictatorship and this decision is up to Saddam Hussein.” 

She also said Iraq has no right to accept or reject the resolution. “They are obligated to accept, but the U.N. thought it best to ask for return-receipt requested,” Rice said. 

On Sunday, Arab League foreign ministers ended meetings in Cairo, Egypt, with a final communique urging cooperation between Iraq and the United Nations. The Arab ministers also called on the United States to commit to pledges Syria said it received that the resolution could not be used to justify military action. They also put forward a united position of “absolute rejection” of military action. 

In a statement Monday, Saudi Arabia urged the Iraqis to accept the resolution “in order not to provide any opportunity for harm to come to the Iraqi people.” 

Parliament is stacked with Saddam’s allies. During opening speeches aired live on Iraqi television, lawmakers applauded every mention of Saddam’s name in speeches praising “His Excellency Mr. President, the holy warrior leader Saddam Hussein.”

The East Bay Regional Park District is seeking written proposals for livestock grazing on 2,860 acres at Black Diamond Regional Preserve in Antioch. 

The park district uses livestock grazing as a “resource management tool” on approximately two-thirds of the 93,000 acres of parkland it owns in Alameda and Contra Costa counties. 

Local ranchers contract with the park district to lease land where they may allow their cattle to graze, under controlled conditions intended to achieve fire prevention goals and to benefit plant and animal life. 

A mandatory field tour to familiarize prospective applicants with the grazing unit and to answer questions will be held Nov. 15. Applicants should meet at the Black Diamond park office at 9 a.m. 

A Request for Livestock Grazing Proposal, which explains the application process, may be obtained by contacting Ray Budzinksi at (510) 544-2344.

OAKLAND — One or more gunmen opened fire on a group of teenagers standing on a sidewalk in Oakland's Elmhurst neighborhood Monday, killing a 15-year-old girl and injuring two boys, police said. 

The shooting, which occurred in front of a white, single-story home at 1214 89th Ave. near B Street, was reported at 11:13 a.m. 

Police spokesman George Phillips said the victims on the sidewalk were struck by bullets that tore through an Oldsmobile Cutlass Cruiser station wagon parked along the curb. Several of the car's windows were shattered by gunfire. 

“They were outside of the car, standing on the sidewalk. An individual drove up in a car and opened fire,” Phillips said. The suspect or suspects then drove away from the scene. 

Police did not identify the victims, but Roneisha Tillman said her cousin Tamellia Cobbs, 15, was the girl who was shot dead. Tillman, who lives at 1214 89th Ave., in the house in front of which the shooting occurred, said her cousin was a 10th-grader at Castlemont High School. 

The other two victims, identified only as boys in their late teens, were receiving treatment at Highland Hospital this afternoon. Phillips said one was listed in serious condition and the other was stable. 

The slaying was the city's 97th of the year, police said. Phillips said police have no motive in the killing and no suspects. 

Tillman, 18, said that her cousin Tamellia, whom they called “Mellia,” had run into the 89th Avenue house last night after someone opened fire on her. 

“There was some mess last night and she ran from bullets last night and today she didn't get a chance to run because the man shot and killed her for no reason,” Tillman said. “Why? We don't know.” 

Tillman said she has been laughing and joking with her cousin and the other boys moments before the shots rang out Monday. She had just gone inside the house when she heard the sound of rapid gunfire. 

She ran outside and found Tamellia sprawled on the ground, with her eyes rolled back in her head. Tillman insisted that her cousin and the two boys had done nothing to place themselves in jeopardy. 

“They're not gangbangers, they're not hoodlums, they ain't selling no drugs, they ain't out here doing none of that,” Tillman said. “We're out here like normal kids having fun.” 

She said the family is convinced that the killer is a man known as “One-eyed Eric,” who had known Tamellia much of her life. 

Phillips said police have no suspect information. 

Oakland City Councilman Larry Reid, who responded to the shooting scene, said the gunfire today had snuffed out yet another young person's dreams. 

“This is a 15-year-old -- you don't expect 15-year-old kids to die the way this young lady died,” Reid said. “You expect kids to live longer than their parents. 

“There's got to be some way to deal with this whole madness that is taking place here in Oakland,” he added. 

He said there is a “terrible mindset” in evidence that pushes young people to shoot one another. He added that he doesn't believe the struggling economy is to blame for the spate of slayings in Oakland this year. 

“I don't think the economy has anything to do with this insanity that's going on out here in the streets,” Reid said. “I just think there's just a total lack of value of human being life.” 

Phillips said the block where the shooting occurred has been a “hotspot” targeted in the past by a crime response team, composed of one sergeant and seven officers. 

“(It's) an area where we have experienced violence and an area where we have experienced sales of narcotics,” he said, without elaborating. Phillips cautioned that it's still much too early to tell what may have sparked today's shooting. 

Simote Tupouata, 40, who lives several doors from the shooting scene, said his children were home from school today and heard multiple shots ring out. 

He has lived in the neighborhood since 1994 and said he has made frequent reports to police about illicit drug activity on the block. He said his five children are only allowed to play in front of the house when he is present.

OAKLAND — A 12-year-old girl missing since last week was found unharmed Monday morning in Oakland, police said. 

Tajanik Thompson turned up at 6:15 a.m. Monday at an Albertson's store in the 4000 block of Macarthur Boulevard, said Sgt. J. Wong. Police plan to return Thompson to her family in Oakland. 

Police are investigating the girl's disappearance Wednesday after she allegedly told her family she planned to meet a 25-year-old man. 

Investigators have not confirmed earlier reports that the man Thompson was meeting was a pimp.

HAVANA — A rejected epilogue for Ernest Hemingway’s “For Whom the Bell Tolls,” a 1941 letter from Ingrid Bergman and more than 20 letters from the 19-year-old Italian contessa he was in love with are among thousands of the author’s documents Cuba is making available to outside scholars. 

President Fidel Castro and an American group led by U.S. Rep. James McGovern signed an agreement Monday to collaborate on the restoration and preservation of 2,000 letters, 3,000 personal photographs and some draft fragments of novels and stories that were kept in the humid basement of Finca de Vigia, the villa outside Havana where Hemingway lived from 1939-1960. 

“I personally have much for which to thank Hemingway,” said the gray-bearded Castro, who wore his olive fatigues during the ceremony at Finca de Vigia. “The honor that he gave us by choosing our country in which to live and write some of his best work.” 

Also at the ceremony were Hemingway’s grandson Sean, his niece Hillary and daughter-in-law Angela. 

Funded by the Rockefeller Foundation, the joint effort by the New York-based Social Science Research Council and the Cuban National Council of Patrimony will produce mircofilm copies of the material, restore some documents damaged by the Caribbean climate, and help conserve the house, including a 9,000-volume library and Hemingway’s fishing boat, El Pilar. 

The microfilm copies will be stored at the John F. Kennedy Library in Boston, but originals will stay at the Hemingway Museum at Finca de Vigia, long a source of pride for Cuba. 

Hemingway’s fourth and last wife, Mary Welsh Hemingway, donated the estate to the Cuban government in 1961, just after the author committed suicide in his Ketchum, Idaho, home. Cuban curators preserved the home exactly how the Hemingways left it, looking like the writer “just stepped down the driveway to pickup his mail,” said Jenny Phillips, granddaughter of Maxwell Perkins, Hemingway’s editor. Phillips’ January 2001 visit to the villa set in motion the events that led to the project. 

Visitors can see the writer’s collection of moccasins lined against a wall, reading material, and bottles of liquor on the table next to Hemingway’s favorite reading chair. The estate includes the graves of four of Hemingway’s dogs. 

Curators prohibit visitors from entering the house — tourists peer through windows — a decision U.S. scholars and researchers say has protected the collection from deterioration and pilfering.

LONG BEACH — A man believed to be the serial rapist who terrorized women in California and Washington state for more than eight years was arrested three days after police stopped him on an unrelated drug charge and performed DNA tests. 

“People of Long Beach, sleep well tonight, sleep well,” Police Chief Anthony Batts said Monday as he announced the arrest of Mark Wayne Rathbun, 32, of Long Beach. 

Rathbun was arrested Sunday night in Oxnard for investigation of rape after police said DNA evidence linked him to 13 assaults dating to 1996. He was jailed in lieu of $2 million bail and had not yet secured an attorney, police said. 

The Long Beach man is also a suspect in 18 other rapes and attempted rapes, said Long Beach police spokeswoman Nancy Pratt. 

Nine of the rapes he was arrested for occurred in Long Beach, police said. The first one, on Aug. 1, 1996, was in Seattle, with its victim a 40-year-old woman. The other two occurred earlier this year in the Southern California cities of Huntington Beach and Los Alamitos. 

Rathbun was arrested Thursday for investigation of possessing a crack cocaine pipe after he was stopped while riding a bicycle just three blocks from where a man had broken into a house and attempted to assault a woman earlier in the day. He was one of several people in the area questioned. 

“We have made it a practice to investigate anybody who’s within the perimeter of these sorts of crimes,” said police Sgt. Paul LeBaron. 

Authorities said Rathbun voluntarily gave a DNA sample before being released on bail on a misdemeanor charge of possessing drug paraphernalia. He was arrested Sunday night after authorities said lab results came back matching his DNA to the 13 rapes. 

Pratt said circumstantial evidence makes him a suspect in the 18 other cases, including another 1996 rape in Seattle. The other assaults and attempted assaults occurred around Southern California. 

In most cases, the attacker entered the homes of women who lived alone, gaining entrance either late at night or early in the morning through an unlocked window or door. He always wore a mask, was sometimes nude and sometimes covered the faces of his victims, who ranged in age from their early 30s to their 80s. 

The string of 31 attacks began in May 1996, with the first two in Seattle. 

Authorities believe the rapist then moved to Southern California, where the first attack was reported in Long Beach in January 1997. 

The vast majority of the attacks occurred within a 20-mile radius of Long Beach, and for several years the perpetrator was known as the “Belmont Shores rapist,” after the well-to-do waterfront community where many of the earliest assaults happened. 

LeBaron said Rathbun’s mother lives in Long Beach, but that he has moved in and out of the area over the last several years, staying with friends. He also has ties to the Seattle area, LeBaron said. 

His arrest came just 2 1/2 days after Long Beach police announced a $50,000 reward leading to the rapist’s arrest. Although tips poured in as result, none of them led police to Rathbun. 

“It could be coincidence or it could be his carelessness or maybe we’ve learned enough through this investigation that we were finally able to adapt to his movements,” LeBaron said. “But the bottom line is, he’s caught.” 

LOS ANGELES — It was no trifle truffle. 

A restaurateur and director of television commercials has spent $35,000 on an enormous, 2.2-pound white truffle — an exotic mushroom grown in Italy and prized by gourmets around the world. 

Joe Pytka, 64, made the purchase during Sunday’s fourth annual charity truffle auction known as Asta Mondial del Tartufo Bianco d’Alba. It was the largest ever paid for a single truffle. 

Pytka, who recently opened the French restaurant Bastide in West Hollywood, said he will use the truffle in a variety of dishes made by chef Alain Giraud. 

The rare mushroom caused a spirited bidding war between Pytka, Tony May, the owner of San Domenico restaurant in New York and a dog named Gunther IV, heir to a large German fortune, whose bids were made by owner Maurizio Dial. 

The truffle auction was held simultaneously in three places, linked by closed-circuit satellite television. 

Pytka bid at Valentino restaurant in Santa Monica, where 75 other truffle aficionados gathered. All local proceeds from the sale benefit the Jonsson Cancer Center Foundation at University of California, Los Angeles, and the families of 26 Italian schoolchildren who were killed in a recent earthquake. 

May bid from his New York restaurant, where a boisterous crowd of 120 joined the action. Gunther was at the castle of Grinzane Cavour, just outside Alba, which is home to the enormous white truffle. About 350 people were gathered at the castle to participate in the bidding. 

Thirty truffles were auctioned off for a total of $126,000. 

The appearance of Pytka’s truffle on the TV screen brought loud gasps of appreciation from the crowd at Valentino. Most truffles weigh a few ounces. Daniele Bera of Funghi & Tartufi, a truffle store in Alba, said Pytka’s truffle was the biggest he had seen in his 17 years in the business. 

The truffle will be shipped to Pytka and should arrive Tuesday. Pytka’s purchase nearly doubled the record-setting $19,000 that Wolfgang Puck of Spago paid last year for a 1.82-pound truffle.

SUNSPOT, N.M. — Scientists say they have made the unprecedented discovery of solar flares erupting almost simultaneously on opposite sides of the sun. 

The flares — massive eruptions of hydrogen from the sun’s surface — were observed by researchers at the National Solar Observatory in southern New Mexico on the morning of Oct. 31. 

Simultaneous solar flares have been seen in the past, but never so far apart. Scientists at the observatory are trying to determine whether the eruptions were linked or a coincidence, said solar physicist Don Neidig. 

Experts said the discovery could have far-reaching consequences if more cases are observed. 

“Now we have only one example of two flares that go off simultaneously that far apart, so it could be an accident. If we see more of these ... then it becomes extremely important,” said Stephen Greggor, a professor of physics and astronomy at the University of New Mexico. 

Observatory researchers speculated that magnetic fields may have primed the flares to erupt seconds apart. They cautioned, however, that there is too little data even to put forward a theory.

LOS ANGELES — The turnaround time for container ships at the West Coast’s largest ports has returned to normal but fewer container ships are showing up, scared away by a shutdown that resulted in a month of congestion and delays. 

Nearly 200 vessels were stranded outside West Coast ports during a 10-day lockout, which was ended by a federal injunction Oct. 9. At the time, industry experts estimated it would take at least six weeks to get through the backlog. 

But officials in the ports of Los Angeles, Long Beach and Puget Sound, which includes Seattle and Tacoma, said long lines have vanished. 

“We’re now declaring ourselves at the high end of normal,” said Dick McKenna of the Los Angeles-Long Beach Marine Exchange, an industry cooperative that monitors ship movements. 

Although the return to normal was welcomed, McKenna said it’s only because the number of ships entering the ports are down. Typically the two ports receive about eight container ships a day, but in recent weeks the average has been about 3 1/2, he said. 

It’s likely the drop is temporary and traffic will return to typical levels in coming weeks as shipping lines resume normal rotations, McKenna said. 

The Marine Exchange at Puget Sound, the coast’s other major commercial shipping complex, also declared this weekend that “vessel scheduling has returned to normal.” 

However, some terminal yards remain jammed with containers and are short on equipment and labor, causing delays in the movement of cargo to customers, according to representatives of the International Longshore and Warehouse Union and the trucking industry. 

“It’s definitely improving,” union spokesman Steve Stallone said. “But it will be a couple more weeks before things are really cleared up.” 

Retailers report little improvement thus far in getting goods onto store shelves, said J. Craig Shearman, spokesman for the National Retail Federation. 

“I don’t know the exact technical details of what they mean when they say things are clearing up at the ports, but there’s the whole rest of the infrastructure that’s got to move that product. If we’ve moved it from the ship to the dock we’ve got to get it from the dock to the shelf,” he said. 

“From what we’ve been hearing from retailers, merchandise is still trickling into the stores very slowly,” he said. 

The hardest-hit products have been toys, consumer electronics, shoes, clothing and housewares, Shearman said. Ninety to 95 percent of toys and more than 50 percent of electronics sold in the United States are made in Asia, he said, while over 40 percent of shoes sold here are imported from China. 

Truck traffic at the ports is still snarled, although Union Pacific reports train traffic continues to steadily improve, in large part because many shippers load train cars right from the docks. 

Containers continue to be piled up on the docks while longshoremen spend more time unloading ships than organizing containers and loading them on trucks, according to the California Trucking Association. 

“It’s better than it was initially, but it’s still chaos,” association vice president Stephanie Williams said. “It’s not back to normal.” 

Williams said the Pacific Maritime Association profits more by serving the needs of shippers rather than those of truckers. 

While longshoremen work around the clock to unload cargo vessels, they are actually working shorter days to load trucks. As a result, trucks returning empty containers are often turned away after waiting for five hours or more, she said. 

The auto industry was never too hard hit by the dispute, because the Big Three auto manufacturers do not rely heavily on parts made in Asia and used air freight to get around the difficulty, said David Healy an auto industry analyst at Burnham Securities Inc.

SACRAMENTO — California has reached its first settlement with an energy producer it accused of overcharging the state last year, trimming $1.4 billion from a $4.3 billion long-term contract with an Oklahoma energy producer and reaping about $400 million more in refunds. 

The state’s deal with Tulsa-based Williams Cos., however, does not immediately translate into lower monthly bills for ratepayers nor ease the state’s budget deficit. 

Aides to Attorney General Bill Lockyer, announcing the settlement Monday, declined to discuss negotiations with several other energy companies but said more settlements may be on their way. 

Williams admitted no wrongdoing as part of the agreement, which Gov. Gray Davis called “a victory for ratepayers. The new contract provides us more reliable power when we need it at much more favorable terms.” 

In May 2001, California Lt. Gov. Cruz Bustamante and state legislators sued Williams and four other power generators, alleging they conspired to drive up electricity prices. 

Bustamante sued on behalf of California taxpayers to recover the generators’ excess profits on power sales to the state since Jan. 17, 2001, when the state started buying power for three struggling utilities. 

The generators were Duke Energy, Dynegy Inc., Mirant Corp., Reliant Resources Inc. and Williams. 

The suit charges that the five companies gained control of the state’s power market and used unlawful trading practices to manipulate prices. 

Despite the settlement, Williams stock dropped 19 percent Monday, as investors reacted to a federal grand jury subpoenas of its California energy trading records. 

The Williams’ refunds include $180 million in contract price reductions, $90 million worth of power plant turbines to be given to the cities of San Francisco and San Diego for energy production and $150 million in cash to be divided among numerous public entities across the state. Some of the money will be used to retrofit schools across California to produce their own solar energy.

MENTASTA LAKE, Alaska — When the earthquake struck this rural community in Interior Alaska, 20-foot-tall spruce trees whipped back and forth, slapping the ground on each side like windshield blades. 

Tree trunks split open. Mountains slumped. Roads buckled and cracks yawned in the earth. Houses rocked and jumped, shattering dishes and toppling TVs. Tap water turned brown, sewer lines broke, oil tanks toppled. 

“It was like riding a boat on the roughest sea,” said Angela Pete, at home with her seven children and niece. 

But when one of the most powerful quakes ever recorded in the United States eased a few minutes later, no one had been killed and few were hurt. The most serious injury reported so far occurred when Mentasta elder Cherry Nicolai fell on the ice and broke an arm as she fled her home, tribal officials said. 

“We believe in God. We believe in Jesus,” said Kathryn Martin, the Mentasta Lake tribal administrator. “We just know that God was watching over us here.” 

The Slana-Mentasta Lake region, about 250 miles northeast of Anchorage, is a country of log cabins hunkered deep in spruce forest, bounded by the snow-covered foothills of the Alaska Range. 

For days after a 7.9 earthquake ruptured along the Denali fault on Nov. 3, shocks continued to jolt residents of the area. People waded into homes and businesses awash in dishes, bottles, cans, books and knickknacks. Crews began repairing a highway rumpled with crevices up to 8 feet deep. 

Representatives from state and federal agencies were inspecting homes and buildings and investigating reports of damage. The American Red Cross had sent teams to several communities, and other agencies were delivering donated food, clothing and building supplies. 

The quake hit at 1:12 p.m. on Nov. 3 at a depth of about three miles. Over the next 80 seconds, the new rupture “unzipped” the Denali fault through nearly 150 miles of the Alaska Range, said state seismologist Roger Hansen. 

People in 143 North American ZIP codes, from Louisiana to New York, from California to Alaska, reported feeling the motion. The energy released made it the largest quake recorded so far in the world in 2002. 

It sliced right through Mentasta. 

At the Mentasta Lodge, located on the fault, owner Linda Lester was in the kitchen when an employee shouted “Earthquake!” She bolted outside and immediately lost her footing on a glaze left by freezing rain. 

Crouched on bare hands and bruised knees, Lester watched cracks rupture the parking lot, producing ridges in the chip-seal that looked like the traces of giant gophers. Chunks rose up, the highway wrenched away from the driveway, a log guest cabin tilted over backward. 

From inside the lodge came the clamor of dumping freezers and spilling shelves. An ATM leapt from its bolts. Bottles of syrup and sauce and beer shattered, covering surfaces with sticky, smelly goo. Sewer and water lines snapped in the basement. Walls bulged, floors heaved, Sheetrock cracked. 

But Lester’s attention was drawn to her Chevy van. It was prancing toward her on successive jolts. 

“I thought, ’Oh my god, I’m going to get run over by my own van,’ “ she said. 

A few miles to the northwest along Mentasta Lake, Benny Funk, 61, and his dog, Pal, burst from his log home. He fell to the icy ground and watched as an avalanche roared down a mountain and his porch shifted and buckled. 

But then Funk saw something he’d never imagined — a big wave surging from the benign lake he had known all his life. 

“It looked like a tsunami wave came up into the yard,” he said. “It washed some huge ice chucks up in the yard.” 

Some of the worst cracks sheared through the ground beneath the home of the Pete family. David Pete was outdoors. 

“All of a sudden, I got shocked to the ground, and all I could see was trees touching the ground like windshield blades swishing back and forth. I’ve never seen such great power.” 

As the land under his house sank, his driveway buckled. A hole wrenched open in the forest floor, exposing roots and boulders, a spruce tree ripped up the middle like a twig twisted too far. As the shaking eased, he ran inside the family’s small cabin.

DENVER — The haze over Colorado’s national parks dissipated throughout the 1990s thanks to cooperation among Western states and cleaner power plants and fuels, a federal study shows. 

The study will be presented Nov. 21 to the state Air Quality Control Commission. 

But while the air is clearer, it is not necessarily cleaner. 

Ozone and nitrogen deposits have crept up in Colorado the past few years, according to the report. In Rocky Mountain National Park, for instance, ozone levels are up nearly 30 percent, and in Mesa Verde National Park they are up 19 percent. 

The progress of the 1990s could be difficult to sustain as more people, more cars and more need for power accompanies growth and development. 

From 1990 to 2000, Colorado’s population swelled by nearly 1 million people, to 4.3 million. And a study by the University of Colorado’s Center of the American West estimates the population will grow to 6.2 million by 2050. 

“It’s a little bit of a mixed story,” Vickie Patton, a lawyer for the Environmental Defense Fund office in Boulder, said of the Park Service’s report. “We’ve made some progress, but we clearly have our work cut out for us with these challenges.” 

The stakes are high. Haze spoils scenic vistas, which can hurt tourism. Lousy air also hurts flora and fauna, as well as people, triggering asthma attacks and hastening deaths. 

Haze happens when sunlight hits pollution particles, which either absorb the light or scatter it, shortening the view and muting colors. 

The Park Service collected 10 years’ worth of data from three air monitors in Colorado. 

While the report shows improvement in the degree of haziness for Rocky Mountain National Park and Great Sand Dunes National Monument, Mesa Verde National Park in southwestern Colorado is slipping. 

Data on ozone was collected at Rocky Mountain National Park and Mesa Verde, and it showed both were experiencing increasing ozone. 

Part of the problem in Mesa Verde may be pollution drifting to the area from San Juan County in northwestern New Mexico, a region on the verge of violating federal ozone standards. 

Nationwide, air quality has improved or stayed the same in half of the 32 parks tested. 

Still, Colorado’s national parks have a long way to go to fulfill the promise of the Environmental Protection Agency’s 1999 regional haze rule.

ORTLAND, Ore. — What’s left of the wreck of the New Carissa could finally be removed from the Oregon coast if the state wins a lawsuit expected to go to jury this week. 

The state has accused the ship’s owners of trespass. It wants $20 million to cover the cost of removing the 1,500-ton stern and an unspecified amount to cover damage to the beach caused by the 1999 wreck during a winter storm. 

Lawyers for both sides are scheduled to deliver their summations Tuesday in a Coquille courtroom before Circuit Judge Richard Barron. 

“This is going to make the difference between whether the stern stays on the beach or is removed from the beach,” said Kevin Neely, a spokesman for state Attorney General Hardy Myers. “If the state prevails, the wreck is gone.” 

But the complex lawsuit could also have larger ramifications. 

The state has argued that the owners of the New Carissa were negligent in allowing the ship to run aground. A ruling favoring the state could influence the outcome of the federal government’s effort to collect compensation from the New Carissa’s owners for environmental damage. 

The state’s lawsuit also could affect the outcome of a federal lawsuit the ship’s owners have filed, claiming that navigation charts were defective. The owners are seeking $97 million.

ISTANBUL, Turkey – Security guards on Israel’s national airline El Al overpowered a man who tried to hijack a flight from Tel Aviv to Istanbul on Sunday. 

None of the 170 passengers on board the Boeing 757 was harmed and the plane landed safely, said Oktay Cakirlar, an official at Istanbul’s Ataturk International Airport. 

The semi-offficial Anatolia news agency identified the hijacker as Tawfiq Fukra, a 23-year-old Arab with an Israeli passport. 

Cakirlar said El Al Flight 581 sent out a hijacking signal as it approached Istanbul but the suspect was overcome. 

“No one was injured,” Cakirlar told The Associated Press by telephone. “The terrorist is in custody at the police station at the airport.” 

Turkey’s private CNN-Turk and NTV televisions quoted police sources as saying that the alleged hijacker was an Israeli Arab and was armed with a knife. 

The television reports said the man was overpowered by two Israeli security guards aboard the plane. 

He reportedly first threatened a flight attendant with a knife and tried to approach the cockpit but he was overpowered by two security guards, one posing as a passenger, CNN-Turk television said. 

“We heard people saying there was fighting and half a minute later it became clear that from row five or six a man ran amok toward the pilot’s cabin, attacked a stewardess and tried to enter the cockpit,” an Israeli passenger on the plane told Israel army radio. 

“We saw a stewardess running like crazy from the front of the place to the business section...She was terrified,” said the passenger, Menachen Binet. 

Security guards “threw him to the floor with his legs spread and his face to the floor. The passengers were hysterical but the flight attendants were very cool, they calmed us down,” he said. 

At the airport, passengers could be seen going through security checks, where they were frisked, and passport control. 

El Al is widely regarded as world’s most protected airline, but also one of the most threatened. From the late 1960s into the 1980s, El Al planes and passengers were subjected to shooting attacks, hijacking and bombing attempts. 

El Al’s formidable security includes armed guards at check-in, on-board marshals and extensive searches of luggage. Passengers are told to arrive three hours ahead of flights to allow enough time for the security checks. 

On the Fourth of July, an Egyptian immigrant, Hesham Mohamed Hadayet, opened fire at the El Al ticket counter at Los Angeles Airport, killing two people before he was shot dead by an airline security guard. Nothing was found to link the incident to terrorist groups and the motive remained unknown. 

Hadayet, however, had previously told U.S. authorities that he was falsely accused of being in a militant Egyptian group that the United States now lists as a terror group. 

The first and last successful hijacking of an El Al plane was in July 1968, when a flight from Rome was seized by members of the extremist Popular Front for the Liberation of Palestine, and forced to land in Algiers. Passengers and crew were held hostage there, with the last of them not released until five months later. 

A September 1970 hijacking attempt failed when sky marshals shot and killed one hijacker and captured his accomplice. After that, Palestinian groups hijacked other airliners flying to and from Israel, including an Air France plane that was forced to land at Entebbe, Uganda, in June 1976. The hijacking ended in a rescue operation carried out by Israeli commandos. 

Tight security has also thwarted attempts to put bombs aboard El Al planes. 

In April 1986, a Jordanian, Nezar Hindawi, planted a bomb in the hand luggage of his pregnant Irish fiancee as she was about to board an El Al plane at London’s Heathrow airport. The bomb was detected by El Al security. Hindawi was sentenced to 45 years in prison. 

Since then it has become common practice for security guards to ask extremely personal questions, especially to women traveling alone — if they have a Palestinian boyfriend or any contact with Palestinians.

t takes the average immigrant 15 years to earn an income comparable to the average non-immigrant, according to the Berkeley-based New America Foundation (NAF). Sylvia Rosales-Fike, executive director of the Berkeley nonprofit, is helping immigrants, what she calls “new Americans,” speed up that process. 

One participant in New America’s program tells a harrowing story about losing thousands of dollars in savings hidden in her bedroom when a fire raged through her apartment building. Although successful in her catering business, the participant knew painfully little about managing her profits; she didn’t think an immigrant could open a bank account. NAF taught her otherwise. 

The group helps many who are like the fire victim to maneuver through a complex maze of paperwork and red tape, which often keeps immigrants underground and vulnerable to disaster. 

Thursday evening, NAF attracted more than 250 people to its first annual Gala celebration, which honored supporters of the organization and showcased many of the businesses of its clients. The colorful event included Vietnamese dancing, harp music from Paraguay, and appearances by Mayor-elect Tom Bates and the Green Party’s Peter Camejo.  

“NAF is a bridge between financial institutions who want to work with successful people and the immigrants who don’t yet know the ropes,” explained Rosales-Fike. 

In addition, NAF teaches asset management and encourages saving strategies by offering a dollar for dollar match for participants. 

“Wages alone won’t help people move to a better quality of life,” said Rosales-Fike. “You need a model that includes asset building so they can save for the long term and invest in their businesses. This is a formula that has worked for the middle class in this country.” 

There are 47 entrepreneurs participating in NAF’s program, which currently focuses on immigrants from El Salvador and Vietnam. Construction, housekeeping, auto body repair, roofing, and even Herbalife business are represented in NAF’s portfolio of clients. 

From a shy embroiderer to a sophisticated real estate agent, this diverse group of entrepreneurial hopefuls all gratefully acknowledge the critical role that the organization has played.  

“It’s a very nurturing environment, but they give you the facts about how it’s going to be,” said Maria Cárcamo, a former Bank of America technology project manager turned entrepreneur. Cárcamo now imports museum quality pottery from Nicaragua. 

“It used to be a hobby,” said Ana Vilanova of her photography business, called Spark of History. “Now I have the tools to make it a real business.” She now understands what a 401K is and is taking advantage of NAF’s savings program. 

But it’s not just about making money. In the course of the NAF training, participants learn about a “double bottom line.” At the end of a program cycle, in addition to a finished business plan and membership in a local chamber of commerce, participants also share their good fortune. 

One mother/son team has launched Manos Sabrosas, a catering business. “For me, the heart of the program is social responsibility. It isn’t just a question of financial success. We have to give back to our community, invest in our community,” said owner Clara Luz Navarro, 

And for so many, launching a business is life transforming. A soft-spoken Mexican woman who is wholesaling her embroidered linens matter-of-factly speaks of her most valuable lesson: “I’ve learned to believe in myself, and that I can do what I want. I’ve learned to believe in my own dreams,” she said. 

Although Thursday’s event was focused on applauding the supporters who have helped launch Rosales-Fike’s organization, one donor remarked, “The real risk-takers in the room are those who have left their language and cultures for an entirely new society, making a tremendous leap of faith.” Immigrants walk a difficult path, and those who start down the road to entrepreneurship are adventuresome, the donor explained. 

But the new Americans are in good company. Minority business ownership has more than doubled over the last two decades, and today nearly 15 percent of all American businesses are minority-owned, according to the Small Business Association. 

In spite of crashing stock markets, the saber rattling of politicians, and the general unease felt by so many people, new Americans remain undaunted. However clichéd, the lure of being one’s own boss still beckons these dedicated immigrants. 

NAF board member Sister Linda Orrick summed it up. “I’m a firm believer in that aspect of the American dream that says ‘I want to take control of my own destiny.’” 

For more information, contact the New America Foundation at 510-540-7785, or visit www.anewamerica.org

PASADENA — Former United Nations weapons inspector Scott Ritter says the U.N. resolution to disarm Iraq makes war inevitable. 

“We’re going to war, and there’s not a damn thing the inspectors can do to stop it, and that’s a shame. Inspections worked once and they can work again,” Ritter said Wednesday night during a speech at the California Institute for Technology. 

The wording of the United Nations resolution will allow the United States to attack by mid-December, said Ritter, who was chief weapons inspector for the U.N. Special Commission in Iraq from 1991 to 1998. 

He resigned in 1998, in part, because weapons inspectors were being used to justify the Desert Fox bombing campaign against Iraq, Ritter said. Although he’s a Republican who voted for President Bush, Ritter spent much of his speech criticizing the administration. 

“The U.S. has a policy regarding Iraq of regime removal. The last thing Bush wants is a weapons inspection regime that works. That would mean lifting economic sanctions and Iraq coming back into the fold with Saddam Hussein still at the helm,” Ritter said. 

The U.N. resolution carries a hidden trigger allowing Bush to attack after the Dec. 8 deadline for a weapons declaration from Iraq, he said, noting there will be four U.S. aircraft carriers in the region in December. 

If Iraq does not declare any weapons on Dec. 8, it will constitute the false declaration described in the resolution. This would trigger a Security Council meeting to consider serious consequences, he said.

The Alameda County Commission of the Status of Women is asking county residents to submit nominations for the Alameda County Women’s Hall of Fame. 

The hall of fame program honors those outstanding women who deserve recognition for their work and accomplishments in business, community service, art, education, environmental preservation, health, justice, science, sports or youth. Nominees can be of any age, but should be established in their respective positions. Previous winners include Sherry M. Hirota, Mother Mary Ann Wright, and Dr. Cynthia Harris.  

The newest entrants into the hall of fame will be celebrated at a special luncheon on March 8, 2003 at the Oakland Airport Hilton. The proceeds of those tickets will benefit breast cancer awareness and education. 

Applications will be accepted until Jan. 10, 2003. Nomination forms are offered through the County’s Administration office at 1221 Oak St., 5th floor, Suite 555. Alternatively, forms are available by phoning the Alameda County Commission of the Status of women at 259-3868, or by visiting www.acgov.org.

How does it feel to be a hero? Just ask Arthur Feinstein, a Bay Area resident of 22 years who was recently named one of 30 Clean Water Act heroes nationwide. The honor, which he shares with the likes of Senator Barbara Boxer and Robert F. Kennedy, Jr., was bestowed upon him by the Clean Water Network in commemoration of the 30th anniversary of the Clean Water Act. 

“I’m really honored, but I sure didn’t feel [like a hero],” Feinstein said. “There are many others who have done the same work or more.” 

The dedicated nature-lover is executive director of the Golden Gate Audubon Society, which focuses on environmental conservation in San Francisco and northern Alameda counties. 

His focus is wetlands, and his work to protect them was grounds for his recognition alongside the nation’s landmark 1972 water conservation legislation. 

Feinstein had difficulty pinpointing exactly what constitutes a wetland, since he said there are so many different types. Wetlands can range from marshes, which are open to bays and rivers to seasonal wetlands, the kind that become dry fields in the summertime, he explained.  

Unfortunately, said Feinstein, such loose definitions can be dangerous to the Clean Water Act. For instance, he said, the federal government is now trying to de-classify some areas that are now considered protected under the CWA in order to reduce restrictions on dumping and pollution. 

“They’re definitely reducing enforcement,” Feinstein said. “This is an extraordinarily depressing time for anyone who cares about our world.” 

Feinstein considers his greatest victory to be against the 1994 Contract with America, drafted by the Newt Gingrich-led Congress. Feinstein co-founded the Campaign to Save California Wetlands, and the group eventually defeated the bill’s proposed wetland attacks. 

More locally, his accomplishments include saving the Martin Luther King, Jr. wetland at the MLK Jr. Regional Shoreline on the San Leandro Bay, as well as more than 400 acres of wetlands at the Oakland Airport. He went on to help restore the MLK Jr. wetland, which is now a public recreation area and bird habitat. 

“Like many successful environmental activists, he doesn’t pause to come up for air,” said Mike Sellors, Policy Director for the Golden Gate Audubon Society, who has worked with Feinstein for six years. 

He noted that Feinstein seemed pleased by the recent honor. “Oh, I think he was. He didn’t let on that he was, but he was. No one who has achieved as much as Arthur has is unhappy to receive recognition for their years of hard work,” Sellors said 

A native of New York City, Feinstein studied biology at Reed College in Portland, Ore. After graduation, he returned to New York and briefly taught middle school in Harlem. 

He moved to the Bay Area in 1971, a year before passage of the Clean Water Act, and became interested in clean water issues. 

His current projects include introducing urban youth to wildlife studies and protecting the bay from the impacts of dredging. 

Feinstein believes that for the Clean Water Act to remain in effect, legislators need to fight for its survival in Washington D.C. 

“The only way they’re going to do that is if all of us tell them to. People need to write their legislators and say ‘Whoa- I’m getting nervous,’” he added.

Catherine Liang, a UC Berkeley graduate student, struck gold at the Gay Games VI in Sydney, Australia last week. Liang was among the nine swimmers on Team Berkeley-Team Fuego, the Berkeley contingent that competed in the international games Nov. 2-9. 

Liang swam away with five gold medals and two silvers, with the Berkeley swim team tallying more than a dozen medals in total. 

“Winning the medals was definitely nice, but setting records for the Gay Games and for International Gay and Lesbian Aquatics (IGLA) was even more meaningful,” said Liang. “When I compete I am racing against my own times. I’m racing myself.” 

The Gay Games was founded in 1982 by the late Tom Waddell, an Olympic decathlete. He established a competitive forum for gay men and women who felt otherwise marginalized by athletics. 

“It’s been a long personal journey for everyone competing, and not in the sense of traveling to Sydney, just to participate in the games is so meaningful,” said Liang. 

The founding principle of the Gay Games is inscribed on Liang’s gold medal: “Inclusion, Participation, and Pursuit of one’s best.”  

In addition to sporting events, the games offers cultural and social activities. Liang described a reunion with her partner from Switzerland: “That was a personal highlight, it was like a date.” 

The quadrennial Gay Games originated in San Francisco and was featured there in 1982 and 1986. In 1990, the celebration moved to Vancouver, B.C. and hosted 7,500 athletes in 23 sports, making it the world’s second largest multi-sport event. The Summer Olympics is the largest. 

In 1994, New York City hosted more than 10,000 athletes and an estimated one million participants in the cultural events. The 1998 games unfolded in Amsterdam. Liang was among the 15,000 participants and 250,000 spectators in attendance. 

This year, Sydney hosted more than 13,000 athletes from 82 countries in 31 sporting events. 

“I was competing against people from Canada, London, Australia, and Belgium. It was incredible,” said Liang, “I hope to attend the 2006 games in Montreal [July 29 through Aug. 5] with Berkeley again.” 

Johan Steiner, a UC Berkeley sports department employee and former UC Berkeley swimmer, won a gold medal in the Triathlon and a silver in the 400 meter individual medley. 

Steven Czekala won a gold medal in the 800 meter freestyle, setting the Gay Games and IGLA record. He also won a bronze in the 400 meter individual medley and was a member of the gold medal winning 400 meter freestyle relay. 

Linda Buchanan won gold in the 200 meter individual medley, setting the Gay Games and IGLA records. Melon Dash won silver in the 200 meter individual medley. Barbara Moosmann won gold in the 200 meter freestyle. 

Liang won individual golds in the 50 meter backstroke, 50 meter freestyle, 50 meter butterfly and 100 meter freestyle. She won an individual silver in the 100 meter butterfly, a gold in the 400 meter freestyle relay and a silver in the 200 meter freestyle relay. 

More information on the Gay Games VI Sydney 2002 can be found at 

www.sydney2002.org.au/.