Looking for a place to sleep Tuesday night, about 20 local homeless people set up a tent city in Civic Center Park – the first of its kind since 1987. 

Unlike the previous encampment which existed for months and was finally shut down by police amid violent protest, organizers say they are running this one peacefully, hoping to draw attention to the plight of the homeless, made worse recently, they say, by stepped-up police harassment. 

Tim, who set up a hammock and kitchen space in the park on the second night of National Homeless Awareness Week, said last month he was ticketed for sleeping along Bancroft Way and is sometimes hassled throughout the night by police. 

“They wake me up at 3 a.m., and tell me to move and then again at 6 a.m. It disturbs my sleeping patterns,” he said. 

Police say the homeless who are confronted have been given warnings are in violation of city trespassing laws. 

“Officers have been enlisted to problem solve what merchants and residents say appears to be a problem,” said Officer Mary Kusmiss in an September interview. 

For many homeless in Berkeley, nighttime encounters with police are standard practice. 

With an estimated 1,000 to 1,200 homeless people and only 220 full-time shelter beds, most of the city’s homeless spend their nights on the street. 

Michael Diehl, a homeless activist with Berkeley-based Building Opportunities for Self Sufficiency, said that the homeless have been the target of stepped-up enforcement from police officers since summer. 

At the behest of local property owners and merchants, Diehl said police have started confiscating unattended shopping carts with peoples’ belongings and issuing trespassing tickets. 

The last straw for homeless advocates, he said, was that during the storm that hit Berkeley two weeks ago, several homeless people were ticketed for seeking shelter under store awnings. 

Homeless advocates are hoping the new tent city can help promote their plan for reducing harassment. 

Bob Mills, head of Berkeley-based Homeless Organizing Movement for Empowerment said his group wants a legal campground for the homeless, more shelter beds and a care and detoxification center for the homeless to receive medical attention and substance abuse counseling. 

Eric Landis–Branmans, the city’s homeless coordinator said Berkeley spends $1.6 million annually on programs to help the homeless, but noted that several of the activists’ demands are either unfeasible or undesirable. 

The city has opted against opening a homeless campground, he said, because the last one, Rainbow Village, located at the far edge of the Marina was home to frequent violence and was shut down in the early 80’s. 

He added that more shelters would divert funds from other programs such as the 150 units of city housing to provide shelter for disabled homeless people. 

A detoxification center, though, may be doable.  

For the past year Telegraph Avenue Association Executive Director Kathy Berger has worked with homeless advocates and city officials to seek grant money for a facility that could help drug- and alcohol-addicted homeless to clean up their act. 

Alameda County is the only county in the Bay Area that does not have a detoxification center, and according to Diehl activists have to petition other counties to let Berkeley homeless use their sites. 

While officials work on new programs, the homeless are gearing up for another wet winter. 

To deal with increased seasonal shelter demand, the city will provide motel housing vouchers and open up 50 beds at the Oakland Army Base. 

Still most homeless will remain on the streets. “It’s always a lot harder to get by when those torrential rains hit,” Diehl said. 

Contact reporter at matt@berkeleydailyplanet.net

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 

First Anual Ethnic DanceFest 

7 p.m. 

Berkeley High Community Theater on Allston Way between Martin Luther King, Jr., and Milvia St. 

Featuring the Berkeley High Baile Folklorico & Worldancers, Capoeira Angola, Axis Dance Co., Flamenco, and more. 

482-8098 

$10 

Alternative/ Special Kabbalat Shabbat 

7:30 p.m. 

Beth El, 2301 Vine St. 

848-3988 ext. 26 

Saturday, Nov. 23 

Corn Mothers, Trees of Life 

7:30 p.m. 

Redwood Gardens Community Room, 2951 Derby St. 

Max Dashu presents a slideshow on the Grain Goddess and her sacraments in America, Africa, Europe, and Asia with global traditions about the Tree of Life 

$10-$15 donation 

Where Hopes and Fears Are met - Art Workshop 

9:30 a.m. to 11:30 a.m. 

Epworth United Methodist Church, 1953 Hopkins St. 

Create a work of art made from the hopes and fears of people from around te world and across all faiths 

524-2921 

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+ 

Funk Fetish, DJs Eric Riggsbee, Big Al, Mahesh, Eric G (House & Breaks) 

9:30 p.m. 

Blake’s, 2367 Telegraph Ave. 

$5, 21+ 

Communique, The Exit, Amor 

9:30 p.m. 

The Starry Plough, 3101 Shattuck Ave. 

All ages show 

$6 

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 

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 

“A Room of One’s Own” Benefit Concert 

7:30 p.m. 

The Rose Street House of Music, 1839 Rose St. 

Acclaimed San Francisco-based singer/songwriter/pianist Vienna Teng will celebrate the release of Waking Hour. Proceeds will help create a “green room” for musicians. 

549-3862 

$8/12 

Pretty Girls Make Graves, J.R. Ewing, Hint Hint 

8 p.m. 

924 Gilman St. 

525-9926 

$5 

The Swing Session Band 

7:30 p.m. doors, 8 p.m. swing dance lesson, 9:30 p.m. show 

Ashkenaz, 1317 San Pablo Ave. 

With revitalist zeal The Swing Session Band breathes new life into the small band music of the 30s, 40s, and 50s. 

$11 

Kooken & Hoomen, Attila & Dave Project, J Hiram Boggs (Live Electric Groove, Progressive Rock, Solo Alt Pop) 

9:30 p.m. 

Blake’s, 2367 Telegraph Ave. 

$6, 21+ 

Victoria Williams, Mark Olsen & the Creek Dippers 

9:30 p.m. 

The Starry Plough, 3101 Shattuck Ave. 

“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 

“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 

Alarms and Excursions 

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. 21 

Howard Rheingold discusses Smart Mobs: The Next Social Revolution 

7:30 p.m. 

Cody’s, 2454 Telegraph Ave. 

845-7852 

The Church’s Involvement in Tawain’s Democratization 

6:30 p.m. 

60 Evans Hall, UC Berkeley 

Graduate Theological Union and Pacific School of Religion professor Choan-seng Song will discuss the Taiwanese Presbyterian Church’s active participation in Tawain’s democratization 

Holly Payne 

7:30 p.m. 

Easy Going Travel Shop & Bookstore, 1385 Shattuck Ave. 

Payne will read from her debut novel “The Virgin’s Knot” which explores the role of women and the mythology and artistry of Turkish rug-weaving. 

843-3533 

Free 

Thursday, Nov. 21 

“Berkeley in the 60’s” 

6:30 p.m. 

Tolman Hall 2326, UC Berkeley 

Presented by Center for Popular Education and Participatory Research Meet editor Veronica Selver for a brief Q & A. See how UC Berkeley shaped a political world view 

642-2856

To the Editor: 

The protesters of former Prime Minister Ehud Barak at Zellerbach Hall Tuesday fail to remember that Barak negotiated with the Palestinian people in good faith and offered them 97 percent of what their representatives requested during the Camp David Peace Accord. Arafat turned this offer down flat. Why? Many have indicated the sticking point was the “right of the return.” However, Dennis Ross, one of the prime negotiators who recently spoke at UC Berkeley, stated that this was not the case. There would be “right of return” for the Palestinians to their own “Palestinian state” and even limited return to Israel. Israel has already absorbed thousands of refugees from all over the world, including those Jews who were expelled from the Arab states. 

I believe the real sticking point is that the Palestinian leadership does not want a separate Palestinian state. Simply put, they want the destruction of the Jewish homeland. If the Palestinians really wanted their own state they would have accepted the offer of a separate state in 1948 when it was first offered. Or they would have accepted the several other offers made to them over the years (including the one at Camp David). The Jewish people have worked hard to develop and nurture their country. My hope is that the Palestinian leadership will go back to the negotiating table and accept an offer such as the one Ehud Barak courageously made to them and work as hard as the Jewish people did to develop and cultivate their own country. 

Rachel M. Schorr 

Berkeley

The St. Mary’s High girls volleyball team bounced back from their disappointing loss to Albany High to sweep the Clear Lake Cardinals 15-4, 15-13 and 15-5 in the first round of the North Coast Section Division IV playoffs. 

“When we’re on, we’re really on, and they were on today,” St. Mary’s head coach Cherise Revell said. “We had a bad game on Saturday and we wanted to come back strong, which we did.”  

The Panthers had outstanding offense from Natalie Bogan, Jazmin Pratt, Martha Ryan and Brittney Murrey, who combined for 28 kills. St. Mary’s also had an excellent service game, serving up 15 aces.  

“We realized we had to be strong mentally in this game,” Pratt said. “We actually looked for our shots, looked for our opportunities, instead of just powering the ball over the net, and played strong the whole time.” 

St. Mary’s got off to an excellent start, running up a 8-0 lead in the first game, with the first three points on aces. Clear Lake had difficulty handling the ball, returning several balls out of bounds or in to the net. Clear Lake never really got going on offense, with two of their points coming from St. Mary’s errors. 

The Panthers started slow in the second game, falling behind 10-5, before going on a four point run to tie the game at 10-10 powered by Pratt’s offense. St. Mary’s then took the lead, but allowed Clear Lake to tie the game at 12-12. St. Mary’s put the game away on a spike by Ryan that the Cardinals were unable to return. 

Coach Revell blamed the slow start in the second game on herself, “I was switching things up and trying something new in the second game that didn’t work out as intended,” Revell said. “We were fine when we got back to what we knew.” 

The final game started out evenly matched, as Clear Lake fought for survival. With the score tied at 4-4, however, Clear Lake began to fall apart. Clear Lake allowed the Panthers to go on a seven point run, with six of the points coming on Clear Lake errors. Ahead 14-5, Jazmin Pratt brought the match home with a strong serve that Clear Lake could not properly return. 

“We pulled it all together when we needed it,” Pratt said. “When points mattered we got points, and when a side out mattered we got a side out. We kept focused on the next point, rather than the overall score.” 

St. Mary’s will likely face Albany again tomorrow night in the second round of the playoffs, a rematch that the Panthers are very much looking forward to. 

“If they come out with the intensity they had today, Albany’s up for a fight,” Revell said. “They are driven to win tomorrow.”

ing up to Henry James, the subtle illuminator of sensibilities. It happens in “Signs of Life” by Canadian playwright Joan Schenkar, now in a Department of Dramatic Arts production at Durham Studio Theater on the UC campus. 

In the lobby you’re greeted by a bearded lady and a prankish ringmaster, and when you take your seat, two contortionists in tights stretch and preen, while you wait for the show to begin on Richard Olmsted’s set, decorated with a striped awning and posters for “human oddities.” 

Clearly you’re at some sort of circus, and it turns out that the human oddities that were once the highlight of sideshows are the subject at hand, two in particular: Jane Merritt, better known in the latter half of the 19th century as “The Elephant Woman” because of her grotesque physical deformities, exploited by P.T. Barnum in his American Museum; and Alice James – Henry James’s brilliant but bedridden sister. 

In the course of the evening both women are referred to as “freaks.” The play’s theme is the 19th century’s appalling attitude toward the different or deformed, especially women. 

The play takes the form of a garish vaudeville, starring the comedy duo of Dr. Simon Sloper and Henry James, a pair of prigs in gaudy vests and scarlet spats, clinking teacups to “the ladies” whom they respect only if they look nice and stay in their places. No ugliness or independent thought, please. The stage behind these elegant louts is divided into two bedrooms. The right belongs to the physically suffering Jane Merritt, who can’t sleep lying down because the weight of her head would “snap her windpipe” and the left to the self-dramatizing Alice James, with her feverish attraction to razors and knives. “What a performer she would have made,” her brother unhappily cries. 

The women are connected by Dr. Sloper, who treats them both. He’s portrayed as a boyish Nazi, gleefully ministering to his patients in order to serve “Mother Science.” In the meantime, they suffer and writhe. Harassed by her brother, Alice seeks comfort in the arms of a friend, Katherine Loring, who betrays her. Jane is abandoned to a workhouse, where she’s forced to attend “freak class” to teach her how to beg. Later P.T. Barnum wrinkles his nose at her. “You smell like you look,” he sneers. 

All this is punctuated by an octet of sideshow weirdoes, who twitch and ape and cavort, at one moment piling up to transform themselves into a giant pachyderm. 

Directors Kristina Hagstrom and Laura Levin orchestrate all this with skill and imagination, but they can’t quite forge the play’s over-the-top mechanics into a convincing vehicle for ideas. Wendy Sparks’ costumes are witty, and the young cast performs with vigor and will, but the result is a little strident. What can you do with a play that dresses up already obvious ironies in baggy pants? The audience grows tired of being told to “get it,” and some of the evening’s best scenes are quiet ones, that allow us into the suffering souls of the mistreated women who are at its heart. 

Still, there’s enough spunk and energy to make “Signs of Life” worth a visit. Jonathan Whittle-Utter and Anthony Nemirovsky portray Sloper and James, Marc Abernathy is P.T. Barnum, and Linda Blanchet and Nicole DuPort are Jane and Alice. Susannah Flood is Jane’s mother, Katherine McLeod is Katherine, Alex Teicheira is the workhouse warden, and Michelle Bonanno, Holly Chou, Trevor Claiborne, Amy Hattemer, Vanessa Rennard, Adeola Role, David Ross, and Todd Scheiperpeter comprise an agile ensemble.

Lawyers for the city of Berkeley and leaders of the Berkeley Sea Scouts will square off in a San Francisco courthouse today over gay rights and berths at the Berkeley Marina. 

The Sea Scouts organization, affiliated with the Boy Scouts of America, paid nothing to dock its boats at the Marina for more than 50 years, until the city began charging the group a fee in 1998 because it failed to disown the Boy Scouts’ anti-gay policies. 

Sea Scouts leaders filed suit against the city in 1999, alleging a violation of the group’s free speech rights. But the Alameda County Superior Court rejected the claim in June 2001 and turned down a similar, amended complaint five months later. 

Superior Court Judge James Richman ruled, at the time, that “public entities may condition public subsidies...upon the recipient’s compliance with state and local laws that prohibit discriminatory membership policies.” 

The plaintiffs have appealed Richman’s decision and both sides will make arguments today in the California Court of Appeal in San Francisco. 

Harold Johnson, a lawyer with the conservative Pacific Legal Foundation arguing on behalf of the Sea Scouts, said the group submitted a letter to the city in 1998 stating that it would abide by Berkeley’s non-discrimination policy. 

Deputy City Attorney Laura McKinney called the argument “extremely disingenuous.” She said the Sea Scouts’ April 8, 1998 letter stated that the group would not discriminate on the basis of factors like race and gender, but excluded sexual orientation – a category included in the Berkeley anti-discrimination ordinance. 

The letter also stated that the Sea Scouts never inquire about members’ sexual orientation.  

But McKinney said a “don’t ask, don’t tell” policy is in violation of the city ordinance. 

Johnson also said the city wanted the Sea Scouts to lobby the Boy Scouts to change its anti-gay policies, in effect compelling a specific kind of speech. 

Johnson said Berkeley cannot require the group to be “proselytizers and crusaders for a certain city-appointed message.” 

McKinney dismissed the charge. She said the Waterfront Commission, an advisory group to the City Council, recommended that the Sea Scouts keep the free berths and suggested that the group engage in a dialogue with the Boy Scouts about their anti-gay policies. 

She said the recommendations of the Waterfront Commission do not amount to the actions of the city government – which rejected the call for free berths – and suggested that requesting dialogue is not the same thing as compelling speech. 

McKinney said nothing is a sure bet in the courts, but expressed confidence in a victory. 

“I do feel our case is very strong,” she said. 

McKinney expects a decision from the appellate court within 60 days. 

The Sea Scouts currently dock one boat in the Marina for $516 per month, according to the city. 

Contact reporter at scharfenberg@berkeleydailyplanet.net 

To the Editor: 

When we don’t have enough police to arrest drivers who ignore red lights and stop signs, but who terrorize pedestrians in crosswalks, how can Mayor Dean propose a new law that would have police stop and ticket drivers who may be playing their car stereos too loudly? Mayor Dean, you obviously need, and perhaps deserve, a change. 

Deena Evans 

Berkeley 

ALAMEDA — Oakland Raiders defensive end Regan Upshaw, the team’s sacks leader last year who’s recovering from knee surgery, might play again this season after all. 

Perhaps as soon as Sunday at Arizona. 

Coach Bill Callahan wasn’t ruling out that possibility Wednesday, but wouldn’t commit to playing him either, after announcing the 6-foot-4, 260-pound Upshaw had been activated from the “physically unable to perform” list to the 53-man roster. 

“We’re monitoring that day to day. We’re hopeful he’s closing the gap,” Callahan said. “We wanted to bring him up and get him going.” 

Upshaw tore the anterior cruciate ligament in his right knee during the team’s final minicamp in June and was thought to be done for the season. Yet the Raiders did not place him on the injured reserve — which would have forced him to remain sidelined all season — leaving open the possibility he would be healthy enough to return. 

The Raiders had to make a decision on Upshaw’s status by Wednesday for him not to go on the injured reserve. Yet they still have the option to place him on that list, and could deactivate him on game day. 

Upshaw had surgery soon after getting injured. 

The 27-year-old Upshaw had seven sacks last season and 31 tackles. He has been practicing for three weeks, and was cleared to take on blockers in practice. He will go through one-on-one pass-rush drills Thursday. The Raiders do not practice in pads on Wednesdays. 

Having Upshaw available provides Oakland (6-4) with another option since defensive end Tony Bryant went down. 

Bryant may not return this year. He was carted off the field after injuring his neck during overtime against the San Francisco 49ers on Nov. 3. He is out indefinitely, but said he will have a fourth MRI exam in a couple of weeks. 

The Raiders had kept their roster at 52 players for two weeks in order to have the option of adding Upshaw or another player, Callahan said. The spot came open when rookie Ronald Curry was demoted to the practice squad after playing in the loss to the 49ers. 

Curry had been activated to return kicks, but fumbled the second kickoff he touched, setting up Jeff Garcia’s 11-yard TD pass to Cedrick Wilson. Curry was a quarterback at North Carolina but was drafted by the Raiders this year as a return man. 

FOCUS, FOCUS: The Raiders have won two emotional games, and they are feeling pretty good again, almost like the momentum is back on their side. 

Yet they say the last thing they can afford to do is have a letdown against the struggling Arizona Cardinals (4-6) on Sunday. 

“I treat it with the same amount of importance as I did the two previous games,” offensive Lincoln Kennedy said. “In order for us to keep pace with the rest of our division, we have to win every game here on out.” 

The Raiders, who have beaten Denver and New England after losing four in a row, lost to Arizona at home last year in overtime. They’re still embarrassed about it, too. 

“The situation we’re in, we have nothing to relax about,” receiver Tim Brown said. “This is a dog fight, and I think everybody’s approaching it that way.” 

RUN THE BALL: The Raiders want to show the rest of the NFL that, yes, they can run the ball as well as pass it. Oakland used up the first 9:42 of the second half last Sunday in its win over New England — so the Raiders consider that a positive step. 

Quarterback Rich Gannon has led the Raiders’ impressive passing attack all year, but he’s still hoping for a little more balance. 

“We continue to search, we continue to strive to have that balance, and I felt we did a better job a week ago,” Gannon said. “We continue to push in that direction, and it continues to be a point of emphasis for us. You see how it really benefits your football team, not only from a time-of-possession standpoint but for ball control and keeping our defense off the field, and giving us confidence that we can do it. We’re going to need that down the stretch in November and December.”

Former Israeli Prime Minister Ehud Barak blamed Palestinian leader Yasser Arafat for the collapse of peace talks at Camp David in 2000 and said he foresees a lengthy, worldwide fight against terror in a UC Berkeley speech Tuesday night. 

Meanwhile, about 200 protesters gathered outside the university’s Zellerbach Hall, challenging Barak’s version of history. 

A handful of activists in the audience took action as well, sporadically yelling at the speaker and some removing outer garments to reveal t-shirts with the word “LIE” scrawled across the front. Campus security escorted the activists out of the hall. 

Barak, at the podium, dismissed the taunts. 

“I suggest to you, instead of shouting now, ask questions later and I will answer the questions,” he said, winning loud applause from a largely supportive audience. 

Barak, a former general who was elected Prime Minister on a peace platform in 1999, said he made an historic offer at Camp David of a largely contiguous, independent Palestinian state, but that Arafat rejected it. 

“The offer was much closer to the Palestinian demands than to the Israeli position,” he said. “I had my reservations, but I was willing to take it as a basis for negotiations... Chairman Arafat refused to take it even as a basis for negotiations.” 

Protesters said Barak’s version of events is inaccurate, arguing that the Israelis forced an “all or nothing” offer of a disjointed Palestinian state on Arafat. 

“It’s disgusting,” said Liat Weingart of the Oakland-based A Jewish Voice for Peace, describing Barak’s interpretation. 

But Barak said Arafat and his supporters have created a number of “Camp David legends” to justify the Palestinian rejection of his proposal. 

Barak said he offered a framework agreement, with room for negotiation, not an “all or nothing” deal. He also argued that the proposed Palestinian state was, in fact, highly contiguous. 

The former prime minister said there is little hope for peace until the Palestinians put a leader “of character” in place who is willing to negotiate. Nonetheless, he said Israel should leave the door open for negotiations, based on the Camp David proposals, with only one pre-condition – the end of violence. 

Weingart said it is misguided to require an end to violence, arguing that it “puts power squarely in the hands of extremists on both sides. 

“It’s really leaving moderates on both sides totally out of the balance,” she said. 

Barak also warned of a lengthy, post-Sep. 11 war on terrorism. 

“We are just in the opening chapter of this ordeal,” he said. “At stake is everything we hold dear. 

“We have to win the first world war of the 21st century and we will,” he continued. 

Barak, in a question-and-answer session after his speech, voiced support for President Bush’s hard-line stance on Iraq, noting that no one knows how close Saddam Hussein is to building nuclear weapons. 

Barak’s visit, while drawing protest, went much smoother than a November 2000 bid by former Israeli Prime Minister Benjamin Netanyahu to give a speech at Berkeley Community Theater. 

Protesters blocked the entrance to the theater and Netanyahu cancelled his speech. The organization that sponsored Netanyahu’s appearance, the Berkeley Speakers Lecture Series, moved its operation to Oakland earlier this year, in part out of frustration over the Berkeley Police Department’s security arrangements at the Community Theater. 

UC Berkeley police did not arrest or cite any of the protesters who spoke out in Zellerbach Hall Tuesday night, according to Captain Bill Cooper. Police charged one protester outside with robbery and vandalism for taking a camera from a man photographing activists and smashing it on the ground, Cooper said. 

Contact reporter at scharfenberg 

@berkeleydailyplanet.net 

To the Editor: 

Recent reports that health-conscious Americans may be poisoning themselves with mercury by eating too much fish may come as a shock. It shouldn’t – what goes around, comes around. 

We’ve known for decades about the dangers of mercury contaminating the environment and popular seafoods such as tuna, swordfish and shark. Still, even as seafood consumption has steadily risen, mercury pollution from power plants and other sources has continued. Industrial processes emit mercury into the air, which settles into water as methylmercury, travels up the food chain into fish and is consumed by humans. 

Mercury contamination of seafood is a persistent public health threat that poses a significant risk – not only to children and women of childbearing age, as previously thought, but also to adults. Mercury accumulates in the human liver, kidney, brain and blood. Even at low levels, it can harm a child’s developing nervous system, leading to loss of motor skills, mental retardation and other birth defects. Mercury has also been shown to cause kidney failure, cardiovascular collapse and genetic damage in adults. 

According to the U.S. Environmental Protection Agency, 48 tons of mercury were released in 1999 from utilities burning coal and other fossil fuels. And utilities are not the only sources. Mercury is also released through the incineration of hazardous wastes, through oil refining and medical waste. 

Despite all we know about the health impacts of mercury, our government is failing to properly respond to this pollution threat. The Bush administration is pushing the so-called Clear Skies Initiative, which would actually diminish our air quality by allowing more sulfur dioxide, nitrous oxide and mercury emissions than under the current Clean Air Act. Meanwhile, seafood consumption is on the rise. But the Food and Drug Administration has failed to warn pregnant women about the hazards of eating fish contaminated with mercury, particularly canned tuna. 

While the U.S. Food and Drug Administration and state regulators issue seafood warnings that downplay the health risks, industrial fishing fleets and industrial polluters reap big federal subsidies to continue to over-fish our oceans and contaminate an irreplaceable food source. Unsustainable fishing methods such as longlines and gillnets scour the oceans and coasts, over-fishing the seas and killing endangered sea turtles and dolphins, to bring contaminated fish to our tables. The cycle is viscous.  

Bill Walker, vice president of the Oakland-based Environmental Working Group 

Todd Steiner, director of San Francisco-based Turtle Island Restoration Network

STANFORD — Julius Barnes scored 14 points, including two free throws with 27 seconds left, and Stanford ran out the clock to upset No. 11 Xavier 63-62 in the quarterfinals of the Preseason NIT on Wednesday night. 

The Cardinal advanced to the semifinals next Wednesday at New York’s Madison Square Garden against the winner of Thursday night’s second-round game between Eastern Illinois and No. 8 Florida. 

Stanford (2-0) held on after Xavier’s Lionel Chalmers made a short, off-balance jumper with 12 seconds left. Chalmers led the Musketeers (1-1) with 20 points, 14 in the second half as Xavier came back after a poor start. Chalmers was 5-for-8 from the field in the second half. 

The Cardinal got the ball under Xavier’s hoop with 12 seconds left after Chalmers scored, then passed the ball and ran out the clock. The fans then swarmed the court. 

Barnes’ free throws were big after Stanford struggled all night from the line, going only 5-for-13 in the second half before he converted his attempts. 

Stanford finished the game 11-for-21 from the line. 

David West scored 19 points and grabbed eight rebounds for Xavier and Romain Sato added 15 points.

The top brass of the New York Times asked critics at a UC Berkeley forum this week to reexamine their political leanings before accusing the 150-year-old, landmark newspaper of having a political bias. 

“It’s not necessarily where we sit [where the problem is]… but where you sit,” said Times publisher Arthur Sulzberger Jr., speaking alongside executive editor Howell Raines at Zellerbach Hall Monday night. 

In keeping with Berkeley’s familiar politics, audience members charged the Times of cheerleading for President Bush’s war efforts in Iraq and pandering to the interests of Israel. 

“If we were in New York, we would have had this question asked the exact opposite way,” responded Sulzberger, noting hometown critics who claim the paper is pro-Palestinian and others who say the paper smears Bush. 

The significance of the Times and its editorial stance cannot be overstated, suggested forum moderators and journalists Orville Schell and Mark Danner. For more than 1.2 million Americans, the Times is the lens through which the world is seen, they pointed out. 

With 29 foreign bureaus and 10 at home, Raines said the responsibility of distilling a large breadth of news and opinion into black and white was shepherded by an “intellectual contract with readers.” 

Unassuming at well under six feet tall and speaking in a drawl suggestive of his Alabama roots, Raines underscored the paper’s even editorial hand and said “the winds from either side” don’t steer it off course. 

Still, during prolonged dialogue about the Middle East, one audience member criticized the paper for basing reporters at a bureau in Jerusalem and not balancing its perspective by employing a bureau in the largely Palestinian Gaza or West Bank. 

Raines scoffed at the challenge. 

“It’s assumed that where you sit determines what you think,” he said, disagreeing with the assumption. “I don’t think our reporting of Israel is unbalanced.” 

The foremost goal of Times coverage, according to the New York newsmen, is to put out the information needed for honest political debate. 

“That’s our job… to marshal the facts we need,” said Sulzberger, who was named chairman of the New York Times Company in 1997, keeping the company in his family’s control for more than 100 years. 

What Schell called a “curious [corporate] structure” and labeled “feudal,” Sulzberger said was a business model key to the paper’s longtime success. 

“We’re a highly profitable newspaper,” Sulzberger said. And the reason for the profit, he insisted, is “to support doing journalism.” He added that the Times was not unique in being a family-run newspaper. 

The profitability of the paper has allowed the organization to expand its coverage, particularly in foreign affairs, noted Raines. The foreign expansion of the Times has run contradictory to moves at other newspapers, which have recently shrunk international coverage. 

Raines said an important overseas mission of the paper now was to position staff on the borders of Iraq to prepare for coverage in the event of war. He noted the lack of quality news coverage that occurred during the 1991 Gulf War and said he he’d push for “more access to the battlefield” if there is another go-around. 

After discussion of war coverage, members of the Berkeley audience were quick to question the paper’s anti-war coverage. Referencing an Oct. 27 Times’ article that under-reported the number of activists at a Washington peace march, critics accused the paper of downplaying the anti-war movement. 

Raines acknowledged the inaccuracy of the October article and said a follow-up story was written to correct the error. 

“In this business there’s only one thing to do when you’re wrong and that’s get it right as quick as you can,” he said.

To the Editor: 

The KPFA evening newsperson last week, interviewing an expert about the Iraqi government purchase of a million units of nerve gas anti-toxin – was it for offensive or defensive purchases, etc. – kept pronouncing it – clearly and carefully, as she had been coached, as “nerve gas anecdotes”. That's the way to fight a war – let's fling anecdotes at each other. 

Mark Tatz 

Oakland

California senior forward Laura Schott and junior midfielder Kim Yokers have been selected to the first team All-Pac-10 team by the conference coaches today. Senior midfielders Carly Fuller and Brittany Kirk earned honorable 

mention All-Pac-10 honors.  

Schott, who hails from Wilsonville, Ore., will graduate from Cal as one of the most decorated soccer players in school history. In Cal's 2-0 NCAA first round win over Denver, the two-time All-American tallied her school record 56th career goal. After tying for the team lead with 18 points (7G, 4A) this year, Schott finished her career second all-time in Cal history for points with 128, five points shy of U.S. national team player Joy (Biefeld) Fawcett's school record of 133. This is Schott's third straight first team All-Pac-10 selection.  

Meanwhile, Yokers' first team all-conference honor comes on the heels of a second team pick as a sophomore. The Seattle product posted five points in 2002 from one goal and three assists. Her one goal was the game winner against Denver. More important than the points, Yokers was a dominating force in Cal's central midfield.  

Kirk posted 11 points this year from four goals and three assists and wrapped up her career tied for second all-time at Cal with 20 assists. This is her third consecutive honorable mention All-Pac-10 honor.  

Fuller, who played three seasons at Duke, made the most of her one campaign in Berkeley in 2002. Known for her lethal free kicks, she tallied 12 points this year from four goals and four assists.

PRAGUE, Czech Republic — President Bush, recalling Europe’s grim history of “excusing aggression,” challenged skeptical NATO allies Wednesday to stand firm against Saddam Hussein as the alliance expands in size and might to combat terrorism. 

Should the Iraqi leader deny next month that he possesses weapons of mass destruction, “he will have entered his final stage with a lie,” Bush said. 

“And deception this time will not be tolerated. Delay and defiance will invite the severest of consequences,” he declared. 

Even as Bush spoke, President Jacques Chirac of France renewed his position that the United States cannot determine on its own whether to wage war against Iraq. 

The U.N. Security Council “is the only body established to put in motion action of a military nature, to take the responsibility, to commit the international community,” Chirac said. 

Czech President Vaclav Havel said he would prefer that Iraq disarm without force. “If, however, the need to use force does arise, I believe that NATO should give an honest and speedy consideration to its engagement as an alliance,” he said. 

On the eve of a two-day NATO summit dominated by talk of war, Bush endorsed plans to usher seven former communist nations into the fold — Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia and Slovenia. And he renewed his call for greater expansion. 

“We strongly support the enlargement of NATO, now and in the future,” the president said. 

As the alliance’s leaders trickled into this medieval city of spires, Bush used the centerpiece address of his five-day European trip to press them to “take up global responsibilities or choose to live in isolation from the challenges of our time.” 

While he did not directly accuse Europe’s leaders of indifference toward Saddam, Bush’s sternly worded appeal for action against terrorists and like-minded regimes was clearly aimed at the likes of Germany, which opposes military action in Iraq, and France, which forced the United States to water down a U.N. resolution to disarm Saddam. 

“The world needs the nations of this continent to be active in the defense of freedom, not inward looking or isolated by indifference,” the president told students in this Bohemian capital. 

“Ignoring dangers or excusing aggression may temporarily avert conflict, but they don’t bring true peace,” he said. 

The Bush administration has quietly contacted 50 countries, including Canada, Britain and Germany, to solicit contributions of troops and war material in the event Bush decides to use force, a senior administration official said Wednesday. 

Saddam has until Dec. 8 to give the United Nations an accounting of his weapons of mass destruction. Bush said Iraq had a “short time” to come clean. 

White House communications director Dan Bartlett refused to be pinned down on whether the United States intends to use any Dec. 8 Iraqi declaration it deems deceitful as automatic grounds for war. 

“It’s a huge hypothetical,” Bartlett said. “We’ll wait and see.” 

NATO Secretary-General Lord Robertson predicted, “There will be total unity of the heads of state and governments on support for the U.N. Security Council resolution.” 

Diplomats said NATO will release a statement supporting the U.N. resolution, without committing alliance troops or specifically backing war against Iraq. 

A new NATO anti-terrorism strike force won’t be ready to confront Iraq, and Bush has not asked the alliance to pledge its collective support of military action. 

“It’s a decision that each country must decide as to how, if, and when they want to participate, and how they choose to participate,” he said. 

Even as Bush said allies are free to choose, U.S. officials said privately that leaders will face stiff pressure from Bush to help out in some way or face irrelevance in the eyes of Washington, senior administration officials said.

IRVING, Texas — Oakland and Seattle will become the second pair of major league teams to open the season in Japan, playing a two-game series next March in Tokyo. 

Under the plan announced Wednesday by baseball commissioner Bud Selig, the major league teams will play split doubleheaders on March 22 and 23 at the Tokyo Dome against the Yomiuri Giants and the Seibu Lions, who met in this year’s Japan Series. 

The Mariners and Athletics, who had been scheduled to open against each other in Oakland, will then play each other the following two days, then return to the United States, where most teams are scheduled to open March 31. 

“The clubs are happy,” Selig said. “They wanted to go.” 

Seattle’s principal owner, Hiroshi Yamauchi, is Japanese, and the Mariners’ roster includes three Japanese players: 2001 AL MVP and AL Rookie of the Year Ichiro Suzuki, 2000 AL Rookie of the Year Kazuhiro Sasaki and Shigetoshi Hasegawa. 

Baseball’s other international openers were in 1999, when San Diego played Colorado at Monterrey, Mexico.

STANFORD — A new internship honoring slain Wall Street Journal reporter Daniel Pearl is designed to give Stanford University students an opportunity to work overseas and emulate his stories and ideals. 

The Daniel Pearl Memorial Journalism Internship will be awarded annually to an outstanding student journalist in Stanford’s undergraduate or graduate programs. The intern will work in a foreign bureau of a major U.S. newspaper. 

The Wall Street Journal will serve as the partner newspaper for the first few years, said James Bettinger, director of the Knight journalism fellowships and professor of communications. 

“We wanted to do something that followed in Daniel Pearl’s footsteps” and emphasize ordinary people rather than those in positions of power, Bettinger said. 

The Journal will pay the intern’s salary. Travel and associated costs will come from Stanford’s Daniel Pearl Memorial Fund, which opened with an anonymous donation after Pearl’s death became public. The fund now has grown to $100,000, Bettinger said. Stanford hopes the initial intern will head overseas in 2003. 

Pearl graduated from Stanford’s communications department in 1985. He was abducted in January at age 38 while on his way to interview a Muslim fundamentalist leader in Pakistan. A month later, his captors released a videotape of his slaying.

CAMP PENDLETON — Several hundred Marines in charge of planning and running a 45,000-member force head this week to the Persian Gulf region as the U.S. military prepares for a possible war on Iraq. 

A headquarters element of the 1st Marine Expeditionary Force, one of three main war-fighting commands, is scheduled to fly to the region on Friday. The Marines declined to give the precise number of personnel departing. 

“We don’t want our noses being counted as we move here and there,” Capt. William Mitchell, a spokesman for the expeditionary force, said Wednesday. 

The headquarters element is comprised of planners and commanders whose job is to prepare for the movement of the 1st MEF’s troops, aircraft, supplies and equipment in the region. 

“There’s a sampling of just about every occupational discipline in the Marine Corps you could think of,” Mitchell said. 

Ground troops in the 1st MEF helped expel Saddam Hussein’s forces from Kuwait 12 years ago during Operation Desert Storm by clearing openings through heavily-defended minefields. 

The 1st MEF’s headquarters element includes the expeditionary force’s new commander, Lt. Gen. James Conway, a three-star general who took his new command last week. Conway already has arrived in the Persian Gulf region, Mitchell said.

SAN FRANCISCO — Hewlett-Packard Co. on Wednesday delivered a quarterly profit that indicated its contentious $19 billion takeover of Compaq Computer is progressing better than skeptics predicted. 

The Palo Alto-based company earned $390 million, or 13 cents per share, in the three months ended Oct. 31. If HP and Compaq had been together at the same time last year, the company would have lost $505 million, or 17 cents per share. 

If not for accounting charges unrelated to HP’s ongoing business, the company said it would have earned 24 cents per share. That topped the consensus estimate of 22 cents per share among analysts polled by Thomson First Call. 

HP’s quarterly revenue also exceeded expectations, totaling $18 billion. The consensus analyst estimate was $17.3 billion. 

The performance represented a measure of redemption for HP executives and directors who overcame stiff shareholder resistance spearheaded by the family of the company’s founders to buy Compaq six months ago. 

“We think we are right where we need to be,” Robert Wayman, HP’s chief financial officer, said during an interview Wednesday. “We still have a lot of work to do, but we have made a lot of progress in the first six months. I think we are even running a little ahead of schedule.” 

HP disclosed its results after the market closed. The company’s shares gained 30 cents to close at $16.85 on the New York Stock Exchange, then added an additional $1.55, or 9 percent, in after-hours trading. The surge in extended trading pushed HP’s shares above their price when the Compaq takeover closed in early May. 

Industry analysts warn it’s still far too early to declare HP’s takeover a success. The company still faces a possible backlash from employees and distributors who might rebel against some of the changes brought about by the Compaq deal. 

HP also lost a vital cog in the deal earlier this month when former Compaq CEO Michael Capellas resigned to take the helm at bankrupt WorldCom Inc. 

Capellas’ departure threatens to erode the already fragile morale of the combined work force, said industry analyst Steve Kleynhans of the Meta Group. 

“The merger and the turmoil that emerges from it is not over. It’s going to take at least another year before we really know how this is working,” Kleynhans said. 

HP is confident the two businesses will continue to mesh. The company reaffirmed the consensus earnings estimate of 27 cents per share for its current quarter ending in January.

SAN FRANCISCO — The California Supreme Court agreed Wednesday to decide whether power regulators unlawfully authorized a utility to use money generated by record-high electric rate hikes to pay its debts. 

The case was brought by consumer advocates challenging a 2001 closed-door settlement between the Public Utilities Commission and Southern California Edison, one of two California utilities thrust into debt by soaring energy costs during the state’s recent power crisis. 

The settlement between Edison and the PUC enabled the utility to pay its debts — and avoid joining fellow utility Pacific Gas and Electric Co. in bankruptcy court — by keeping temporary rate hikes in place for two additional years. 

But the Utility Reform Network, a San Francisco-based consumer advocacy group, sued, saying the settlement has forced millions of customers to continue paying among the highest rates in the country for expenses the rate hikes weren’t intended to cover. 

The court’s eventual decision could also affect PG&E’s future, as the PUC has proposed a similar plan to help the state’s largest utility settle debts and emerge from Chapter 11 protection. 

The Supreme Court chose to take the case at the request of the 9th U.S. Circuit Court of Appeals, which found the state had violated open-meeting laws.

SAN FRANCISCO — The Senate on Wednesday approved a plan to reduce the number of people fishing for groundfish on the West Coast, in an attempt to provide some relief to the beleaguered fishery and those who make their living off it. 

The bill, authored by Senators Ron Wyden, D-Ore., and Gordon Smith, R-Ore., will go before the House on Friday. 

If it passes, the buyback program would go into effect 90 days after it becomes law. It would allow owners of boats to bid on how much they would take for buyouts, and the government would decide which bids to accept. 

The fishermen would relinquish their permits to fish and their boats could not be used for fishing anywhere in the world. 

West Coast groundfish, pink shrimp and Dungeness crab fisheries are covered by the buyback. 

Fees collected from fishermen who continue to fish would pay back $50 million in federal loan guarantees to start the buyback program. The Fishermen’s Marketing Association had pushed for the buyback program, and fishermen had agreed to repay half the cost of the buyback, but the proposal stalled in Congress. Fishermen have since agreed to pay back the program in full. 

The groundfish fishery, which includes fish sold as Pacific red snapper, was declared a disaster in 2000, and eight species have been declared “overfished.”

SAN DIEGO — Rejecting calls for lengthy prison terms, a judge sentenced three teenagers to county jail Wednesday for severely beating five Mexican laborers in an attack prosecuted as a hate crime. 

The 18-year-olds were the last of eight San Diego teens to be sentenced for chasing down and assaulting the nursery workers, all in their 60s, with steel rods, pellet guns and rocks in July 2000. 

Adam Ketsdever and Bradly Davidofsky, who prosecutors said led the attack, were sentenced to two years in the San Diego County Jail. Steven Deboer was sentenced to one year in jail.v

For a woman who stands at less than five feet tall, Mayor Shirley Dean has been a towering presence in Berkeley politics for more than a quarter-century. 

Now, two weeks after losing her bid for a third term, Dean spoke candidly about her election defeat and said she has no plans of leaving Berkeley politics. 

“I don’t believe in retirement, never have,” she said Tuesday, refusing to rule out another bid for elected office.  

But with the weight of City Hall now off her shoulders, Dean is making a list of activities to keep her busy outside the mayor’s office. Foremost among her plans is to write a tell-all book about her life in city politics. 

“It will be a human story,” she said, leaving the details for potential publishers. 

While Dean charts her next move, many residents won’t soon forget her near lifetime of contributions to the city. 

“She’s a hard-working, smart person, not the bragging type,” said Sal Murillo, a retired Berkeley school administrator who oversees an annual award program that recognizes the contributions of Berkeley High School students. He recalled five years ago when several local businesses refused to sponsor the education awards, he asked Dean to step in. “She worked so hard to convince [businesses] to sponsor the program,” he said. “Without Shirley there’s no way we would have the recognition awards.” 

Murillo said Dean’s greatest impact as mayor was just making the effort to show residents she cared. 

“Many Latinos here didn’t feel a part of the city,” he said. They saw Peoples’ Park advocates raise hell and get council’s attention, but felt like they were ignored, he explained. 

“Shirley began to go to their homes and churches and helped them get involved in the political process,” he said. “She even invited the youth into her office to show them that a Berkeley student could one day be mayor.” 

Dean is an authentic Berkeley figure. She moved to the city from Minneapolis when she was in eighth grade after her father died, wanting to be closer to his parents who owned a gas station in town. 

She never left, graduating from Berkeley High School and UC Berkeley with a degree in social welfare. She worked most of her professional life as a social worker for Kaiser Permanente and later served in the Office of Undergraduate Admission and Relations with Schools at UC Berkeley. 

She entered politics as a neighborhood activist in the 1960s, trying to stop developers from tearing down historic homes. Later, she joined the group Urban Care which fought a planned shopping mall on Berkeley’s waterfront. 

In 1971 Dean was appointed to the Planning Commission and in 1975 she won a seat on the City Council. 

Elected mayor in 1994, Shirley compensated for the “weak” mayor position – a largely symbolic post that carries no more power than other council members – by working relentlessly on programs she thought were best for the city. 

Her top agenda item, which some name as her greatest achievement, was the creation of an Addison Street arts district and the revitalization of the downtown. 

Working with financiers, artists, landlords and politicians, Dean drummed up support for her plans and found the money to bring several theaters and cultural groups to the downtown. 

“There is absolutely no doubt in my mind that all of the good things that have happened downtown have happened because of Shirley,” said Susan Medak, managing director of the Berkeley Repertory Theatre. 

“For years the downtown was treated as a stepchild. Nobody took ownership for it,” said Medak who thought about moving her theater to Oakland because the downtown had such a tawdry reputation. “Shirley’s focus was to make Berkeley a more civil place. She realized the link between a vibrant cultural life and a vibrant civic life.” 

While Dean worked tirelessly to instill civility in the downtown, her success did not translate to the City Council, where partisan bickering continued to infest proceedings. 

As mayor Dean was a lightening rod for attacks by some members of her progressive opposition, and she often let her anger and frustration show. 

Dean blames the bitterness and factional infighting played out on televised council meetings for her defeat two weeks ago to former state Assemblyman Tom Bates. 

“[Voters] were embarrassed by what was going on in council. They blamed me,” she said. 

Dean said that in retrospect she could have done a better job at staying above the fray, but as a natural fighter she often could not hide her feelings in the face of numerous personal jibes. 

“Shirley for a politician is thin-skinned,” said Councilmember Betty Olds. “There were many things said about Shirley that hurt her badly, and she tried not to show the hurt.” 

Dean said she is hopeful that the next council can work more positively together, but is concerned that the progressives, who have a majority on the panel, might stifle debate. 

“When council tips too far to one side it’s easy to ignore opposing views,” she said. 

Martha Jones, Dean’s friend and the former head of the Claremont Elmwood Neighborhood Association, doesn’t want to think of a City Council without Dean. 

“She’s so smart. She always had her finger on the pulse of the city and she was willing to take on very difficult issues,” Jones said. 

Jones remembered that as a council member in 1979 Dean took the lead on fighting a UC Berkeley plan to close a school for the blind and deaf on university property. 

“Shirley helped rally the city and fought the university for two years,” Jones said.  

Dean lost that battle. The California School for the Deaf and Blind is now Clark Kerr Campus, apartment-style housing for undergraduates.  

But as was the case for more than two decades, Dean’s faith in the city and its people will undoubtedly keep her active in public life. 

“You have to be optimistic,” she said. “Overall, Berkeley is a pretty damn good place.” 

Contact reporter at matt@berkeleydailyplanet.net

To The Editor: 

Developers have been clever in jumping on the “smart growth/density near transit” fad because it suits their purposes just fine. Some of us are clear that it’s the same old bad development in sheep’s clothing, and in 10 years it will be viewed in the same light as “urban renewal” – a really stupid idea that was trendy at one time. Anyone who believes that allowing dense out-of-scale buildings in Berkeley will somehow prevent some other developer from paving over farmland in the Central Valley is delusional. Developers are concerned only with making money – they don’t become developers out of the goodness of their hearts. 

When many of Berkeley’s flatland neighborhoods were upzoned in the 1960s and beyond, the excuse was “we need more housing.” Once pleasant and historic single-family neighborhoods were ruined by the intrusion of badly designed, cheaply built multi-unit apartments, which are still a blight on the neighborhoods in which they stand. “We need more housing” makes a great excuse, because the need for housing will be endless as long as we refuse to address the issues of population growth and uncontrolled immigration. 

It’s unfortunate that the height initiative didn’t pass. I’m sure the developers will take that as some kind of mandate, although all it really proves is that you can buy the outcome you desire if you are able to spend enough money. The citizens of Berkeley don’t have that kind of cash. Developers don’t even need to buy the politicians (though they do), because everyone from the politicians to the planning department has embraced “smart growth” like they were French-kissing Jennifer Lopez. It’s just a planning fad, folks, like urban renewal, downtown pedestrian malls, festival marketplaces, aquariums, and downtown baseball stadiums. 

Jane Powell 

Berkeley

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 

Unhappy Birthday USA Patriot Act 

7 p.m. 

2040 Valley Life Science Bldg., UC Campus 

Dorothy Ehrlich, Kriss Worthington, and Gustavo Mata will give a critical examination of the USA Patriot Act a year after its inception 

644-1339, www.berkeleyaclu.org 

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 

First Anual Ethnic DanceFest 

7 p.m. 

Berkeley High Community Theater on Allston Way between Martin Luther King, Jr., and Milvia St. 

Featuring the Berkeley High Baile Folklorico & Worldancers, Capoeira Angola, Axis Dance Co., Flamenco, and more. 

482-8098 

$10 

Alternative/ Special Kabbalat Shabbat 

7:30 p.m. 

Beth El, 2301 Vine St. 

848-3988 ext. 26 

Saturday, Nov. 23 

Corn Mothers, Trees of Life 

7:30 p.m. 

Redwood Gardens Community Room, 2951 Derby St. 

Max Dashu presents a slideshow on the Grain Goddess and her sacraments in America, Africa, Europe, and Asia with global traditions about the Tree of Life 

$10-$15 donation 

Where Hopes and Fears Are met - Art Workshop 

9:30 a.m. to 11:30 a.m. 

Epworth United Methodist Church, 1953 Hopkins St. 

Create a work of art made from the hopes and fears of people from around te world and across all faiths 

524-2921 

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+ 

Funk Fetish, DJs Eric Riggsbee, Big Al, Mahesh, Eric G (House & Breaks) 

9:30 p.m. 

Blake’s, 2367 Telegraph Ave. 

$5, 21+ 

Communique, The Exit, Amor 

9:30 p.m. 

The Starry Plough, 3101 Shattuck Ave. 

All ages show 

$6 

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 

“A Room of One’s Own” Benefit Concert 

7:30 p.m. 

The Rose Street House of Music, 1839 Rose St. 

Acclaimed San Francisco-based singer/songwriter/pianist Vienna Teng will celebrate the release of Waking Hour. Proceeds will help create a “green room” for musicians. 

549-3862 

$8/12 

Pretty Girls Make Graves, J.R. Ewing, Hint Hint 

8 p.m. 

924 Gilman St. 

525-9926 

$5 

The Swing Session Band 

7:30 p.m. doors, 8 p.m. swing dance lesson, 9:30 p.m. show 

Ashkenaz, 1317 San Pablo Ave. 

With revitalist zeal The Swing Session Band breathes new life into the small band music of the 30s, 40s, and 50s. 

$11 

Kooken & Hoomen, Attila & Dave Project, J Hiram Boggs (Live Electric Groove, Progressive Rock, Solo Alt Pop) 

9:30 p.m. 

Blake’s, 2367 Telegraph Ave. 

$6, 21+ 

Victoria Williams, Mark Olsen & the Creek Dippers 

9:30 p.m. 

The Starry Plough, 3101 Shattuck Ave. 

$12, 21+ 

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 

Post Junk Trio 

9:30 p.m. 

Downtown, 2102 Shattuck Ave. 

649-3810 

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.  

Dance Romanesque  

644-1788 

$8 

Zydecco Flames 

7:30 p.m. doors, 8 p.m. cajun/zydeco dance lessons, 9 p.m. show 

Ashkenaz, 1317 San Pablo Ave. 

$11 

Embrace the End, The Damage Done, Scissorhands, For the Crown, Allegiance 

8 p.m. 

924 Gilman St. 

525-9926 

$5 

Dank Man Shank, Lavish Green, The Pound (Ska Rock, Rock) 

9:30 p.m. 

Blake’s, 2367 Telegraph Ave. 

$6, 21+ 

Daevid Allen’s University of Errors, Vacuum Tree Head 

9:30 p.m. 

The Starry Plough, 3101 Shattuck Ave. 

$8, 21+ 

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 

Berkeley Broadway Singers 

5 p.m. 

St. Augustine’s Church, 400 Alcatraz Ave between College and Telegraph 

BBS presents “A Tribute to Richard Rodgers” 

525-7815 

Free 

Chris Clouse Band, Felice, Rust Belt Music (Rock) 

9:30 p.m. 

Blake’s, 2367 Telegraph Ave. 

$3, 21+ 

The Starry Irish Music Session led by Shay Black 

8 p.m. 

The Starry Plough, 3101 Shattuck Ave. 

tickets on a sliding scale, 21+ 

Caribbean Children’s Music with Asheba 

3 p.m. to 5 p.m.  

Ashkenaz, 1317 San Pablo Ave. 

Bring the kids for a creative moment 

$4 

“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 

Anne Bradfod Gallery - Fall & Winter Show 

Through Dec. 22, Main Gallery Fri. & Sat. 11 a.m. to 6 p.m., Sun. 11 a.m. to 5 p,m, and The Carriage House open daily 

Main Gallery, 431 Center St., The Carriage House at the Hotel Healdsburg, 25 Matheson, Healdsburg 

433-2808 

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 

Paintings of Jim Morphesis 

Through Jan. 31 

Mon. through Thurs., 8:30 a.m. to 10 p.m., Fri. 8:30 a.m. to 6 p.m., Sat. 10 a.m. to 6 p.m., Sun. 12 p.m. to 7 p.m. 

Flora Lamson Hewlett Library of the Graduate Theological Union, 2400 Ridge Rd. 

649-2500 

Free 

Alarms and Excursions 

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 

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 

The Play about the Baby 

Nov. 21 through Dec. 28 

Thurs. through Sat. 8 p.m., Sun. 7 p.m.  

La Vals Subterranean, 1834 Euclid  

Shotgun Players present the West Coast Premiere of Edward Albee’s play.  

704-8210, www.shotgunplayers.org 

$10-$18, sliding scale 

Wednesday, Nov. 20 

Brown Bag Lunchtime Lecture 

12 p.m. 

UC Berkeley, 3507-A Tolman Hall 

Discussion with Lyn Paleo for the Center for Popular Education and Participatory Research 

642-2856 

Poetry Slam with host Charles Ellik 

8:30 p.m. 

The Starry Plough, 3101 Shattuck Ave. 

Cash prizes up to $90 

21+ 

$5 student, $7 general 

Gioconda Belli describes The Country Under My skin: A Memoir of Love and War 

7:30 p.m. 

Cody’s, 2454 Telegraph Ave. 

845-7852 

Thursday, Nov. 21 

Howard Rheingold discusses Smart Mobs: The Next Social Revolution 

7:30 p.m. 

Cody’s, 2454 Telegraph Ave. 

845-7852 

The Church’s Involvement in Tawain’s Democratization 

6:30 p.m. 

60 Evans Hall, UC Berkeley 

Graduate Theological Union and Pacific School of Religion professor Choan-seng Song will discuss the Taiwanese Presbyterian Church’s active participation in Tawain’s democratization 

Holly Payne 

7:30 p.m. 

Easy Going Travel Shop & Bookstore, 1385 Shattuck Ave. 

Payne will read from her debut novel “The Virgin’s Knot” which explores the role of women and the mythology and artistry of Turkish rug-weaving. 

843-3533 

Free 

Friday, Nov. 22 

Ted Joans Poetry Reading 

12 p.m. 

UC Berkeley, Maude Fife room, 315 Wheeler Hall 

Surrealist poetry, using jazz and oral traditions to beat out some crazy words 

643-3143 

Susan Straight 

6 p.m. 

Revolution Books, 2425 Channing Way 

Author of the award winning novel, “Highwire Moon,” Susan Straight will read from and discuss her book 

Eric Ripert describes A Return to Cooking; The Chef, the Cook, and the Artist  

7 p.m. 

Cody’s, 1730 Fourth St. 

559-9500 

Saturday, Nov. 23 

Mollie Katzen opens Sunlight Cafe  

11 a.m. 

Cody’s, 1730 Fourth St. 

559-9500 

Sunday, Nov. 24 

Forrest Hamer, Murray Silverstein, Judith Stronach  

7:30 p.m.  

Cody’s Books, 2454 Telegraph Ave. 

A reading for the anthology “Americas Review #12” 

845-7852 

$2 donation 

Thursday, Nov. 21 

“Berkeley in the 60’s” 

6:30 p.m. 

Tolman Hall 2326, UC Berkeley 

Presented by Center for Popular Education and Participatory Research Meet editor Veronica Selver for a brief Q & A. See how UC Berkeley shaped a political world view 

642-2856

The Berkeley High girls volleyball team ended its season on a sour note on Tuesday, falling to Castro Valley High in straight games, 15-3, 15-10, 15-6, in the first round of the North Coast Section Division I playoffs. 

The Yellowjackets, the defending NCS champions, couldn’t repeat their dramatic victory of Castro Valley in last season’s playoffs, when Berkeley came back from a 2-0 game deficit to move on to the next round. This time whenever Berkeley went on a run, the Trojans answered right back to put the Jackets back on their heels. 

Berkeley seniors Amalia Jarvis and Vanessa Williams, who are the main weapons in the Yellowjacket offense, combined for just 16 kills in 41 attempts on Tuesday, and head coach Justin Caraway had no other weapons in his arsenal. 

“We didn’t pass worth damn, and we couldn’t run the middle,” Caraway said. “We didn’t get Vanessa involved early or often enough. We don’t have a lot of offense after our big two.” 

The Jackets also committed numerous errors on offense and defense, along with nine service errors. 

“It’s very hard to beat a good team like Castro Valley when you hand them 10 points every game on errors,” Caraway said. “We also had service errors at the worst possible time.” 

Twice Berkeley looked to be gaining momentum, but both times they were thrown back by the Trojans. Down 13-4 in the second game, Berkeley rolled off six straight points, getting the home crowd into a frenzy. But the run stopped there, as the Jackets gave up the final two points of the game. 

The start of the third game looked promising as well, as Berkeley leaped out to a 4-0 lead, with the last point an ace by Nadia Qabazard. But unlike last season, Castro Valley came roaring back, scoring the next 11 points to sew up the win and a semifinal berth. 

“All season we’ve been working on keeping our intensity,” Castro Valley head coach Shari Cabral said. “We found it, and we got back on track.” 

Tuesday’s match was the last in a Berkeley uniform for both Jarvis and Williams, who finished her high school career as the school record-holder for kills. Along with setter Danielle Larue, they formed the backbone of both last year’s NCS champion squad and three straight Alameda-Contra Costa Athletic League champions. 

“Those three are going to be very tough to replace,” Caraway said. “I’ll miss them a lot.”

UC Berkeley has agreed to grant pro-Palestinian protester Roberto Hernandez a new student conduct hearing, acknowledging concerns about the legality of UC police videos, reports and testimony used in his current hearing. 

But it was unclear, at press time, how UC Berkeley will modify the evidence it presents in the new hearing. Hernandez’s lawyers want police reports, videos and testimony excluded entirely, but the university left open the possibility that it will use parts of videos and reports. 

With uncertainty about the evidence lingering, Hernandez, who took part in the April 9 takeover of UC Berkeley’s Wheeler Hall, remained skeptical. 

“The first hearing was done very unjustly,” he said. “I still have my worries about whether the new hearing will [be any better].” 

Hernandez is one of 79 students and community activists who occupied Wheeler in April, demanding that the nine-campus University of California divest from Israel. 

To the Editor: 

In a letter (Forum, Nov. 12), Carl A. Adams attacked two good candidates on the Sierra Club’s Northern Alameda County Group (NACG) ballot. He also railed and railed against the acronym “NIMBY” that he failed to define. I’ll do so on his behalf: it stands for “Not Intimidated By Mad Yelling.” In that spirit, after reading Mr. Adams’ letter, I’ve resolved to enthusiastically vote for both Carrie Olson and Elliot Cohen for the NACG executive committee. 

I don’t know Carl A. Adams and can’t guess what his credentials might be for criticizing such well-qualified and hard-working activists. But as a 10-year Sierra Club member, I do know that I’m tired of outsiders trying to use the club’s Bay Chapter for their own ends. Mr. Adams’ letter typifies two flaws common to these meddlers: First, they’re curiously obsessed with building stuff in Berkeley (even though we’re one of the few East Bay cities to have met our “fair share” housing targets and therefore deserve much less badgering than our underperforming neighbors). And second, they lack the vital quality that is at the root of the word “ecology”: balance. 

The Sierra Club deserves balanced and capable officers who will guard its reputation, build on its strengths, and protect it from becoming a doormat for developers or kooks. Please unwrap the ballot from your Yodeler well before Dec. 2, and help elect the strong candidates who will help achieve this. 

Michael Katz 

From the moment Kevin Moen ran over Gary Tyrrell in Memorial Stadium’s end zone in 1982, the man with the football and the man with the trombone have been inseparable in college football lore. 

Moen was the California defensive back who scored at the end of The Play – the five-lateral, 57-yard kickoff return that ended one of the most dramatic victories in sports history and became the biggest moment in one of college football’s oldest rivalries. 

Tyrrell had the best view in the house. He was among the Stanford band members who charged the field with four seconds left, thinking the Cardinal and quarterback John Elway had earned a trip to a bowl game – but Moen, leaping in ecstasy after crossing the goal line, sent Tyrrell and his trombone to the ground in a percussive finish. 

“It’s a great example of why you should never give up on anything,” Moen said. “Once we got going, that play took on a life of its own, but it’s nothing compared to the life it has now.” 

As the schools prepare for the 105th edition of the Big Game on Saturday, the events of that day aren’t dimmed by 20 years. Nearly all of the principals in The Play still follow and support their schools – and both Moen and Tyrrell, who have long since gone on to successful business careers, expect to hear about it every fall. 

“It got me more attention than I ever thought I’d get for being in a college band, that’s for sure,” Tyrrell said. 

For most of the fall, college football is an afterthought in the San Francisco Bay area – but for one weekend, it takes center stage for the Big Game, which has produced more than its share of incredible finishes and tremendous individual performances. 

Five meetings in the last 30 years were decided on the final play, including the 2000 game. Stanford fullback Casey Moore, a senior this season, caught a 25-yard touchdown pass for the winning score in the only overtime edition of the Big Game. 

“This is one of the greatest rivalries out there because of the way everybody in the Bay area gets excited about it,” Moore said. “There’s a lot of people in the Bay area who don’t really care about college football until the Big Game, and then they’ve got their red or gold on.” 

The Cardinal have held The Axe – the 19th-century trophy awarded to the winner – for seven straight years. It’s the longest streak in the rivalry’s history, but much has changed in the two programs since last season’s 35-28 victory for Stanford. 

Under first-year coach Jeff Tedford, Cal has made one of the biggest turnarounds in recent college football history, recovering from its 1-10 record last fall for a 6-5 mark that probably would have got the Golden Bears into a bowl game if the NCAA hadn’t denied their appeal of its one-year bowl ban on Monday. 

Meanwhile, Stanford (2-8) has struggled mightily under first-year coach Buddy Teevens, whose players still haven’t grasped his new offense. Teevens is well aware that his predecessor, Tyrone Willingham, never lost a Big Game before moving on to Notre Dame. 

They might be new to the rivalry, but both coaches understand the stakes. 

“It doesn’t take long to understand what this game means to the schools and the fans,” Tedford said. “Buddy and I had to do a photo shoot (with The Axe), so I went over there to Stanford – and they were guarding it very well. They hardly let me touch it.” 

Both coaches remember the first time they saw The Play. Teevens, at home in Boston, remembers thinking, “Wow, that’s imaginative.” 

Both Moen and Tyrrell have a sense of humor about their surprising parts in football history. They’ve posed for more than their share of goofy photos, often with Moen holding a football over his head as Tyrrell grinningly cowers in a recreation of the famed final image of the day. 

Tyrrell, a chief financial officer for a Silicon Valley venture capital firm, is also an amateur beer-maker. His brand? Trombone Guy Pale Ale. 

“Without that play, I would have gone on with my life and just had memories of a nice college football experience,” said Moen, a Los Angeles businessman who coaches his son’s football team. “Now, it’s given me a little part of Cal history. ... Anybody that’s involved with sports knows about it. I hear it all the time whenever somebody recognizes my name: ‘Hey, he was in The Play!”’ 

The events of that day are carved into the minds of Bay area fans through the voice of Joe Starkey, the Cal radio play-by-play announcer whose call of The Play has sold thousands of copies on a CD. 

Starkey, who still calls Cal games, remembers being too shocked by The Play to really register what he was seeing. Still, he summed it up fairly well on that beautiful fall day in Strawberry Canyon: 

“The Bears have won! Oh my God! The most amazing, sensational, dramatic, heart-rending, exciting finish in the history of college football! ... Excuse me for my voice, but I have never, never seen anything like it in the history of any game in my life!”

To keep cigarettes out of the hands of underage smokers, City Council moved one step closer Tuesday to imposing fees on local tobacco merchants. 

Under the new proposal, retailers of tobacco would pay $283 a year for a city license to sell their products. The fees would be used to cover city expenses for monitoring and enforcing tobacco laws. 

Despite opposition from small business owners, council voted unanimously to pass the first reading of the ordinance. A second vote by the council, which is not yet scheduled, is required before it becomes law. 

Alarming figures about underage smoking in Berkeley were undoubtedly part of council’s decision Tuesday. 

Forty percent of ninth and tenth graders said that within the past 30 days they had smoked a blunt – a cigar with marijuana – according to a spring 2002 school survey. 

However, only between 7 and 10 percent of Berkeley students reported they smoke cigarettes. 

A recent Berkeley police sting targeting local tobacco merchants suggests that Berkeley kids have a far easier time buying tobacco than most of their counterparts across the state. 

The sting, performed this summer, found that 38 percent of the city’s approximately 160 tobacco merchants sold tobacco to underage kids without asking for identification, said Marcia Brown–Machen, director of the city’s tobacco prevention program. 

Statewide, only about 20 percent of tobacco merchants were found to sell to minors, according to a recent report from the state Department of Health Services. 

While the Berkeley plan would tax all cigarette merchants, city officials said a few types of businesses are responsible for the bulk of the problem. 

According to police, 66 percent of small doughnut, ice cream and card stores, 48 percent of delis and 43 percent of gas stations sold tobacco to minors. Chain stores were not found to violate the law. 

Berkeley would not be the first city to license tobacco retailers. According to Brown–Machen, 23 states and 25 California cities have similar programs. 

However, she said Berkeley’s policy would be more onerous because merchants would be asked to pay the entire cost of the program. Most other cities and states use money won from class action tobacco suit settlements to subsidize their programs. 

Deepak Aggarwal, owner of In and Out Deli objected to the city plan as a double tax for tobacco retailers who already have to pay the city’s business license tax. 

“It’s nonsense. Cigarettes are already too expensive. We’ll have to raise our price, people won’t buy cigarettes, and the city will end up with less sales tax revenue,” he said. 

Councilmembers showed little sympathy for the merchant’s concerns. “[Cigarettes] ought to be taxed any way they can. If that hurts [merchants] they better rethink how they make their money,” said Councilmember Betty Olds. 

The city’s plan would raise approximately $45,328 to monitor the program and conduct inspections, according to city staff. The city’s Environmental Health Division would inspect stores and maintain a database of retailers and their violation history.  

A first-time offender would be subject to up to a 30-day suspension of the tobacco license. Penalties would escalate with each offense and upon a fourth citation within five years, the merchant’s license could be revoked. The licensing program will be reviewed by city officials after two years. 

“This can possibly make a significant difference in deducing youth access to tobacco,” Brown–Machen said. 

Berkeley High School students said they are already having a harder time buying tobacco. 

“It used to be easy but now they are cracking down,” said James Reinhardt, a 17-year-old student, who added that it recently took him six hours to find his favorite brand of tobacco because he kept getting denied.

To the Editor: 

I pick up the Daily Planet as reading material for my commute. I always turn immediately to the Forum page for my morning chuckle. Your letter to the editor, “A Kinder, Gentler BART” (Forum, Nov. 19) is the best one yet. My co-workers at BART have enjoyed it greatly. I would like to expand on this, but I have to get a pick and shovel and a U-Haul to reroute the BART tracks. 

Bill Whitney 

Emeryville 

The fifth-ranked Cal men’s soccer team received a first round bye for the NCAA Championships and will host a second round game Wednesday at 1:30 p.m. at Edwards Stadium. The Golden Bears will face the winner of a University of San Diego-UC Santa Barbara first-round match.  

California finished second in the Pac-10 with a 6-3-1 record. The Bears are one of 16 teams to receive a first round bye and one of four Pac-10 squads to make the 48-team tournament.

The University of California has declared a formal impasse in contentious contract negotiations with its 18,000 library assistants, childcare workers and other clerical employees, setting the stage for state intervention in a 19-month-old labor dispute centered on wages and workplace safety. 

“We’ve been bargaining with [the clericals’ union] for over a year and a half and it’s time to bring these negotiations to a close, even if that means formal impasse,” said Gayle Cieszkiewicz, executive director of UC labor relations, in a statement. 

But leaders of the clericals’ union, the Coalition of University Employees, argued that there is still room for negotiation and blasted the university for declaring an impasse. 

“This is premature,” said Margy Wilkinson, chief negotiator for the union, which has staged strikes on five UC campuses, including UC Berkeley, since August. 

The university is offering a 3.5 percent salary hike over the course of two years, arguing that it can offer no more because of limits on state funding. UC officials say the union’s call for a 15 percent raise over two years is unrealistic and has caused the impasse. 

“We’re offering the best wages possible given the state budget crisis and its impact on UC salaries, but the union continues to demand wage increases that far exceed available funding,” said Cieszkiewicz. 

Union officials say the university has more than $4 billion in an unrestricted reserve that it could tap to fund large pay hikes. But the university says the money is labeled “unrestricted” for accounting purposes only and is actually tied up in various legal and fiduciary obligations and long-term programs such as housing construction. 

The university will send its declaration of an impasse to the state’s Public Employment Relations Board (PERB). Once the board receives the paperwork, it has five days to investigate before determining whether a true deadlock exists. 

If PERB decides there is an impasse, the state’s mediation and conciliation service will appoint a mediator. If the two sides still fail to reach an agreement, PERB will appoint a three-member panel to conduct “fact-finding” and propose a contract of its own. 

If the university and clericals reject the proposal, the university could impose a final contract. But Jerilyn Gelt, labor relations specialist for PERB, said the legality of an imposed contract is an area of dispute. 

Contact reporter at scharfenberg@ 

berkeleydailyplanet.net

To the Editor: 

So, cattle are going to be turned out to yet another of our East Bay Regional Parks (EBRP), the Black Diamond Regional Preserve, with no prior public decision process (Daily Planet, Nov. 12). Please don’t repeat the myth that cattle grazing “benefits plant and animal life,” which is a party line from a parks board that wants to collect the grazing fees. A large body of scientific literature shows that livestock grazing is one of the largest causes of environmental degradation and loss of biodiversity in the world. But all you have to do is visit one of our cow-infested parks to enjoy the pocked, mucky trails, the trampled, denuded ponds, avoid the cow pies and wonder what happened to the wildlife and wildflowers that used to be there. 

The Center for Biological Diversity sued the EBRP board four years ago over their refusal to provide an environmental impact report for their grazing policy, which prompted the board to set up a task force to review the grazing policy. After listening for several months to the public complain about the destruction of the parks and the disappearance of wildlife since cattle were brought in, the task force approved business as usual. 

Cattle are responsible for several serious alterations in native habitats. Cowaholics like to say that this area has been grazed since prehistoric times, but cattle do not graze or move about in the same manner as elk. There is a lot of comparative information from the Point Reyes elk herds. Five or six elk can use the forage taken by one cow; elk do not hang out in and trample riparian areas, and because elk eat more leaves than cattle, they affect the landscape differently and would be better at reducing fire fuels. 

Karen Klitz 

Berkeley

WASHINGTON – Policies in California, Texas and Florida that guarantee admission to public universities for top high school graduates do not make campuses more diverse, the U.S. Commission on Civil Rights said Tuesday in a draft report. 

Minority students in those three states are faring worse or no better than they were under affirmative action programs, according to the report. 

“If percentage plans grow in popularity, it is inevitable that the number of minority students attending the most prestigious public universities will decrease,” Commission Chairwoman Mary Frances Berry said. 

The percentage plan in California guarantees admission to the top 4 percent of graduates at high schools. 

The report showed fewer blacks and Hispanics were admitted and enrolled in the University of California graduate law and medical admissions in 2001 than in 1995, the report said. The state voted to end race-based admissions in 1996, although the ban did not take effect until the 1998-99 school year. 

Fewer blacks enrolled as undergraduates in 2001 than in 1995, as well. The number of Hispanics who enrolled grew slightly in that period. But they made up a smaller portion of the student body. 

UC spokesman Hanan Eisenman disputed the commission’s analysis. He said the percentage of minority enrollment has increased for four straight years and now exceeds what it was before the policy barring race as a factor in admissions went into effect. 

California and the civil rights commission used different base years in comparing affirmative action admissions to those under percentage plans. 

“There was an initial drop, but since then we’ve been rebounding,” Eisenman said. 

The state’s university system said last month that minority enrollment at the medical and law schools also is up over last year, but still is lower than it was before the passage of Proposition 209. 

Florida’s state university system showed an increase in black and Hispanic students since the advent of Gov. Jeb Bush’s program to end affirmative action in 2000. But at the University of Florida, the most selective state institution, their numbers dropped. 

In September, Bush’s office released figures showing that the number of minority students enrolling for the first time at state universities rose in the current school year, but not as fast as the overall growth in incoming students. 

That means that minority enrollment dropped almost half a percentage point compared to last year’s incoming class, despite the overall increase. 

Bush maintained the numbers show his plan is actually helping increase minority enrollment. “What I said was there would be more African-American and Hispanic students attending our university system,” he said in September. “Promise made, promise kept.” 

In Texas, the report showed fewer blacks and Hispanics were admitted and enrolled at the University of Texas at Austin in 2001 than in 1996, before a federal court outlawed affirmative action in admissions at public universities. 

Two years ago, the civil rights commission said percentage plans are “no substitute for strong race-conscious affirmative action.” 

The new report said, “This is not to suggest that existing percentage plans are entirely without merit, but they are simply not enough.”

Dozens of city employees were forced to evacuate the Civic Center building at 2180 Milvia St. Tuesday when a broken water main caused a small flood. 

The leak originated in a bathroom on the third floor around 11:30 a.m., but other floors were affected when water seeped down an elevator shaft to the groundfloor city clerk’s office. 

Workers on the first and second floors described mild dampness and minor inconvenience, but Lisa Caronna, director of the parks, recreation and waterfront department, was in the third floor bathroom when the leak occurred and experienced it first hand. 

“It felt like a fire hydrant going off. You know those pictures of kids playing in the water from fire hydrants on the street? Well, that was me. It came from the back of the toilet –the fresh water line,” she said. 

According to Caronna, after the original blast, there was about 1 1/2 inches of water covering the north wing of the third floor. “It was a lot of water in a short time,” she said. 

The evacuation of employees on the second and third floors lasted until about 1 p.m. For most workers, this meant nothing more than an extended lunch break, according to Arietta Chakos, chief of staff for the city manager. Chakos was unsure of the extent of the damage, but said that business is returning to normal. 

“We’re shampooing rugs, getting things cleaned up, and we’ll be back to full operations tomorrow,” she said, although she noted that the elevator repair could take longer.

WALNUT CREEK – William C. McDowell, a newspaper publisher who sold the family business when he joined the Navy and later became an executive at United Press International, has died. He was 97. 

He died last Thursday at John Muir Hospital, according to his daughter, Carol Leslie. The cause of death was not disclosed. 

McDowell was born into the newspaper business — his father founded the Alameda Times-Star, the Turlock Daily Journal and the Eugene Morning News in Oregon. 

He was publisher of all three papers, but as World War II unfolded, sold them and joined the Navy. 

McDowell helped the Navy in its early efforts to use radar to navigate planes. He also flew the first U.S. plane that landed in Japan after it surrendered in August 1945. 

Upon returning with medals including the Distinguished Flying Cross, McDowell went to work as an executive at UPI. 

After a stint as UPI’s bureau chief in San Francisco, McDowell moved to New York and was the general manager of the photo department — credited with developing that wire service’s first method for instantly transmitting color pictures. 

McDowell was born in Oakland in 1905 and attended Stanford University. He was a big booster of Stanford athletics, and only missed two Big Games against rival Cal between 1912 and 2001.

OAKLAND – Questions still surround the death of an Oakland woman found Friday afternoon by her husband who was later arrested for a parole violation. 

The case could mark the city’s 100th homicide, but Oakland Police Sgt. Brian Medeiros said Wednesday it is still being classified as a suspicious death and information is being kept confidential. 

“At this point we are not calling it a homicide. We’re investigating it as one, but at this point we’re calling it a suspicious death,” Medeiros said. 

Shortly before 4 p.m. Friday, the police department received a call from Russell Duda saying he had come home to find his wife unconscious. 

Police arrived to find Charlotte Duda, 55, on the floor with severe injuries. She was taken to a local hospital for treatment where she was declared dead. 

Russell Duda was later taken into custody when it was discovered he had violated a parole violation by visiting his wife. He has been convicted in the past for domestic violence. 

Duda told police his wife had fallen the previous day and has denied assaulting her. 

Medeiros said the cause of death has not been determined. 

Results from an autopsy are not expected for four to six weeks.

A Berkeley man was in stable condition after he was shot in the stomach shortly after 4 p.m. Tuesday in Oakland, according to Oakland Police. 

After the victim was shot at the corner of 63rd and Market streets, he raced to the 1400 block of Alcatraz in Berkeley, where he was found and rushed to Highland Hospital, Berkeley police said. 

The suspect remains at large and police have no motive for the shooting, according to Oakland Police Sgt. Anthony Toribio. 

An eyewitness at MHO Corp. across the street from the shooting said he saw the assailant chasing after the victim east on 63rd Street, firing six shots at him. He then saw the suspect flee in a car with two people inside. 

– Matthew Artz

CINCINNATI – Alan Kalmanoff, the man appointed to oversee police-community relations as Cincinnati recovered from race riots in 2001 resigned Wednesday after city officials complained that his bills were excessive.  

Kalmanoff, who heads the nonprofit Institute for Law and Policy Planning in Berkeley, was hired by a federal judge last month to oversee Cincinnati's agreement with the federal government to improve police operations and a separate settlement of a lawsuit that accused police of harassing blacks. 

The City Council voted unanimously last week to challenge Kalmanoff's appointment. City officials objected to a $55,000 bill that Kalmanoff submitted for three weeks of work.  

Rioting broke out over three nights in April 2001 after a white police officer shot and killed an unarmed black man wanted on misdemeanor charges.  

Kalmanoff did not immediately return a call to his office. Mayor Charlie Luken, one of Kalmanoff's harshest critics, called the resignation “good news.”  

“It puts us back on track in terms of getting a monitor that all parties can live with,” he said. He said Kalmanoff “had the wrong chemistry” for Cincinnati. U.S. District Judge Susan Dlott, who appointed Kalmanoff, said only that she had accepted the resignation.

FREMONT – A fourth suspect in the beating and strangling death of a Newark transgender teen has been charged with murder, almost a month after Eddie “Gwen” Araujo was killed at a party when it was discovered the youth was male instead of female. 

Unlike the other three defendants in the case, Jason Cazares, 22, of Fremont, was not charged with a hate crime when he appeared in Alameda County Superior Court on Monday. He delayed entering a plea until Friday. 

Cazares admitted to being at the Oct. 3 party where Araujo allegedly was killed, but he has revealed little else to police about what happened that night. 

Police and prosecutors revealed few details linking Cazares to the crime. He is being held at the Santa Rita Jail without bail, along with the other defendants in the case. Police did confiscate two shovels, a pickax, a spade and a hoe from a shed belonging to Cazares’ parents, court documents show. 

Newark Police Lt. Tom Milner declined to comment on whether police believe the tools were used in the slaying. 

Cazares’ mother, Elizabeth Cazares, told police that, to the best of her knowledge, her son had not used the shovels, according to court records. 

Last month, another suspect led authorities to a shallow grave 150 miles east of San Francisco in the Sierra foothills two weeks after the 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.” 

Witnesses told police Araujo was beaten, dragged half-conscious into the garage and strangled with a rope after a girl at the party discovered the teen was anatomically male, according to court documents. 

Three other men also have been arrested and charged with murder boosted by a hate-crime enhancement. Jaron Nabors, 19, has pleaded innocent, while Jose Antonio Merel and Michael William Magidson, both 22, have not yet entered pleas. A hearing date has been set for Dec. 13. 

The investigation into Araujo’s death is still ongoing, police say.

REDWOOD CITY – Seven police officers were placed on administrative leave Monday after a man they subdued with restraints and pepper spray during an arrest died in their custody. 

Six officers, one sergeant and one trainee will be out of uniform for at least a week while the San Mateo County District Attorney’s Office conducts an investigation, said Redwood City Capt. Scott Warner. 

On Sunday at 5:50 p.m. witness called police to report that Rick Escobedo, 39, of Redwood City, had climbed onto his ex-girlfriend’s apartment balcony. When police arrived at the scene and tried to search Escobedo, he violently resisted. 

As the two officers tried to hold Escobedo down and wrap a restraint around his ankle, Warner said, they called other officers for “emergency cover” — a call used only when officers feel they are in danger or about to lose custody of a suspect. 

Minutes later, more officers arrived. Warner said an officer sprayed mace in Escobedo’s face. Finally, they put a “wrap” — a restraining device that works similarly to a straitjacket — around his legs and handcuffed him. 

Warner said the officers put Escobedo inside a police car, called emergency workers to come wash the pepper spray off his face and began interviewing witnesses. 

About four minutes later, Warner said, emergency workers opened the door and found Escobedo sitting in the back of the police car. He was not breathing, and there was no pulse. He was pronounced dead at Kaiser Permanente Medical Center in Redwood City.

Bank of America announces layoffs in Bay Area 

SAN FRANCISCO – Bank of America has announced it is eliminating 900 information technology jobs, including 232 in the Bay Area, and the bank expects more next year. 

Tim Arnoult, who heads the bank’s technical and operations division told employees Monday in a memo that 500 workers would be laid off this week and the remaining employees would lose their jobs in December. 

The memo cited a bleak business outlook for 2003 as a reason for the job cuts. The bank expects next year’s national and global economy to be similar to this year’s, the memo said. 

“It is obvious that we can’t meet our 2003 budget without affecting the personnel line,” Arnoult wrote. 

Bank of America, which is headquartered in Charlotte, N.C., gave pink slips to 163 employees at a large information technology center in Concord and another 69 at its San Francisco operations, said Juliet Don, a spokeswoman for the bank. 

The bank has a work force of more than 134,000 employees, including 14,000 in the Bay Area, and is one of the largest banks in the country. 

Nonprofit wants to take over Richmond school 

RICHMOND – A nonprofit group is proposing to take over Nystrom Elementary School, a downtrodden campus where academic achievement and family income rank among the lowest in the county and turn it into an alternative public school. 

The proposal from the Richmond Children’s Foundation, a nonprofit created from leftover settlement money from a 1993 General Chemical explosion, would maintain Nystrom’s status as a neighborhood school in the West Contra Costa school district, but free the campus from some union rules and financial constraints that other district schools must uphold. 

The foundation spent a year studying neighborhoods around four Richmond schools before settling on Nystrom as a base for their project. The goal is to open the newly formatted school in fall 2004. 

Foundation members want to use Nystrom as a resource center for neighborhood families, giving them access to social workers who can help with health issues, drug addiction, unemployment and bilingual needs. 

Teachers who choose to work at the school will team with social workers to make home visits, checking on the welfare of at-risk students and families. 

Cops say teen cut heads off mom, dog and bird 

SAN JOSE – A 19-year-old decapitated his mother, a dog and a bird before calling authorities and surrendering to police, the San Jose Mercury News reported. 

Pablo Francisco Hernandez is scheduled to be arraigned Wednesday on a murder charge, police said Tuesday. 

Hernandez called 911 early Monday afternoon and told the dispatcher he had killed his mother, police said. The line then went dead, and when authorities tried to call back they received an answering machine. 

Officers went to Hernandez’s home in East San Jose, and he walked calmly out of the house and surrendered without incident. Police said they found his 38-year-old mother inside, stabbed to death. 

The Mercury News reported Tuesday that the woman, and the pets, had been decapitated.

SAN FRANCISCO – Two University of California researchers say their review of industry documents shows tobacco companies have tried to boost their presence in the black community by targeting groups such as the NAACP, giving money and cultivating beneficial relationships. 

The research paper by UC San Francisco’s Valerie Yerger and Ruth Malone is to be published in the December issue of the journal Tobacco Control. The pair combed through about 700 tobacco company documents released over the past few years, and concluded the companies were contributing money to groups to increase their political influence. 

“It hasn’t been a secret that the industry has been in the African American community, what hasn’t been known were the secret business reasons,” Yerger said .

WASHINGTON – Despite years of work on agriculture and intelligence issues, Rep. Gary Condit is destined to be remembered for his relationship with a young woman found slain in a park. 

Chandra Levy’s May 2001 disappearance in Washington derailed Condit’s political career. The 13-year congressman, whose district in the San Joaquin Valley had been known as “Condit Country,” lost the Democratic primary in March to Dennis Cardoza, Condit’s one-time political protege. 

Condit, 54, has said and done little publicly since the primary. He draws his congressional salary until January, but he was absent when lawmakers returned last week for two lame-duck days of votes in the House. 

As a member of the House intelligence committee, Condit sat through a daylong hearing in October on intelligence failures before the Sept. 11 attacks. While many other lawmakers grilled the CIA, FBI and National Security Agency directors, Condit asked no questions. 

A senior member of the House Agriculture Committee, he hasn’t spoken on the floor of the House or even inserted a statement in the Congressional Record since February, when he noted the 100th birthday of Carlos Badger of Stanislaus County, Calif. 

Repeated calls to his home in Ceres, Calif., have gone unanswered. His aides said they don’t know what he will do when he leaves Congress. 

His very name has become a conversation stopper in the Capitol. When The Associated Press asked a dozen colleagues about Condit, they had little to say about him. “Can we talk off the record?” a Republican lawmaker said. “I have no idea what’s become of him.” 

Rep. Cal Dooley, D-Hanford, represents a neighboring district and shares Condit’s moderate political outlook. But when asked if he knew Condit’s plans, Dooley said, “Gary and I were never close.” 

Dooley was among the first lawmakers to criticize Condit for his public silence in the weeks after Levy, a 24-year-old from Modesto, Calif., vanished. Condit issued a statement establishing a $25,000 reward fund and calling Levy “a great person and a good friend.” 

Police interviewed him four times but said repeatedly he was not a suspect in her disappearance. In the third interview, Condit reportedly told investigators he was having an affair with Levy, a former intern at the Bureau of Prisons. 

When Condit finally spoke out publicly in a nationally televised interview on ABC, even longtime political allies called him evasive and said he did nothing to boost his flagging popularity. 

Three weeks later, Sept. 11 largely ended the constant media scrutiny, but the damage to Condit’s reputation had been done. 

Levy’s remains were found May 22, more than a year after she disappeared, in Rock Creek Park, a sprawling national park in the nation’s capital. Police have yet to find her killer.

SACRAMENTO – A former employee of a natural gas trade journal and energy trader told California lawmakers Monday the daily lists of gas prices were manipulated to boost prices. 

Michele Markey, formerly with the trade journal Gas Daily, said the natural gas indices relied on unchecked and self-reported information from natural gas companies. 

Markey gave the committee several examples of reports she considered suspicious, including one company’s reported sale of 7 billion cubic feet of natural gas in one morning — enough to run California for a day — which she called improbable. 

Other times, companies would leave out trades when reporting, or not report at all, she said. In February 2001, Enron left out a 1.3 billion cubic feet trade, which Markey said changed the index price of natural gas by 3 cents. 

While it doesn’t sound like much, Markey said, a small change like that can inflate the cost of natural gas. About half of the nation’s gas trades rely on the published indices to set price, and if that benchmark is higher, so are those contracts. 

Granted immunity for her testimony, Markey appeared at the Senate Select Committee to Investigate Price Manipulation of the Wholesale Energy Market, with her attorney, who recommended she take the Fifth Amendment if not granted immunity. 

With immunity, the documents and testimony subpoenaed by the committee cannot be used against Markey in federal or state criminal proceedings. 

The committee is probing the cause of California’s energy crisis. During 2000 and 2001, extremely high gas prices were blamed in part for a spike in electricity costs. 

Utilities complained to Gas Daily about the inaccuracy of the indices, primarily toward the end of 2000 and early 2001. Markey said she pushed for an audit of the gas indices, but it was canceled when the publication changed owners. 

“Enron Online was the party we were going to audit,” Markey said. 

Markey wanted a more transparent system that would show individual trades, she said, which would have deterred energy companies from reporting false data. 

Gas Daily surveys gas traders and reports daily prices paid for natural gas at interstate and intrastate pipeline points, and other prices for gas in major markets. 

The indices, weighted averages of gas trades, are used for everything from calculating the cost of California’s refund from energy providers, to the cost of gas delivered to consumers’ homes. 

They are also used in calculating the “soft cap” on wholesale electricity sold in the western markets. That cap was set by the Federal Energy Regulatory Commission to prevent the state from seeing the sky-high energy costs that led to blackouts in 2001, and caused three utilities to incur billions in debt. 

The gas trades that form the basis for the indices are collected by researchers for the publication. Any unusual trades are further investigated, but most trades are not checked, Markey said. 

Additionally, said Markey, a former trader before heading Gas Daily’s natural gas and electricity research team, some gas trades are purposely exaggerated or prices are stretched. 

“It was common industry knowledge that exaggeration was acceptable practice,” Markey said. 

The effect of the indices, said Larry Drivon, an attorney for the committee, is “if the index goes up, consumers in California pay more.” 

Gas Daily does not archive gas trades that are reported to them after two weeks, she testified. Markey said faxes, e-mails and telephone messages used to record the trades are destroyed, leaving no record of which companies were reporting higher rates or volumes. 

The California Public Utilities Commission is mandated to use the published indices to set wholesale rates for qualified facilities — electricity generators that use renewable sources such as solar, wind or cogeneration. 

Indices “became a formalized tool they were never intended to become,” Markey said, adding there isn’t anyway to verify the information, track trades or get information from the entire natural gas market. 

Chris Schreiber, an investigator with the committee, said Markey wanted immunity because she was concerned that some of the documents she turned over may implicate her. 

“She’s trying to be safe in that she was involved,” he said. “She was on the receiving end of some of the phone calls that reported trades she felt may have been manipulated.” 

Markey has also been subpoenaed by the Commodity Futures Trading Commission and FERC.

SAN FRANCISCO – Fighting for survival, online magazine publisher Salon Media Group Inc. has introduced an unusual advertising program that waives subscriptions for readers willing to wade through an interactive commercial. 

The San Francisco-based company is offering “Ultramercials” sponsored by Mercedes-Benz as an alternative to paying an annual access fee ranging from $18.50 to $30. About 45,000 subscribers pay the fees to view 20 percent of the content on Salon’s Web site. 

The remaining 80 percent of Salon’s site remains free to all visitors. 

Readers who clicked through all four sections of a commercial for Mercedes’ E-Class sedan on Tuesday received a 12-hour pass to Salon’s subscription-based content. Visitors can get additional 12-hour passes by sitting through the advertisement on other days. 

The response to the new Mercedes promotion has exceeded expectations since its debut last week, said Cheryl Lucanegro, Salon’s senior vice president of sales. Salon is trying to sign up other sponsors besides Mercedes-Benz. 

Salon’s new program is the latest marketing twist developed by cash-strapped Internet companies hoping to drum up more business in the depressed advertising market. 

Having lost $79.7 million since its 1995 inception, Salon is particularly desperate. 

The company could run out of money at the end of November, according to documents filed last week with the Securities and Exchange Commission. Salon received a reprieve last month when one of its directors, Adobe Systems Inc. co-founder John Warnock, loaned Salon $200,000. 

As a last resort, Salon is prepared to raise money by selling the rights to collect bills owed by its customers, according to SEC documents. 

Salon would discount the face value of its account receivables 20 percent to 40 percent under an agreement with an unnamed bank, the SEC documents said. 

The new marketing strategy is designed to increase Salon’s subscriptions as well as provide an “altruistic” way for advertisers to reach consumers, said Patrick Hurley, the company’s senior vice president of operations. 

“There are still a fairly significant amount of people who aren’t ready to pay for content on the Web,” Hurley said. “We would hope that some people who sample our paid content under this program will see what they are missing and sign up for subscriptions.”

FRESNO – A cliffhanger state Assembly race has moved into the courtroom, with Republicans and Democrats fighting over the release of the names and addresses of 154 provisional voters. 

The GOP says it wants the information to conduct its own investigation before the votes are counted to determine if they’re valid. 

“There is only so much checking that (elections officials) can do,” said Blair Knox, research director for the Kern County Republican Party. “Obviously they don’t go door to door. They don’t have the funds to do that sort of thing, to actually verify addresses. 

“It’s just a matter of making sure the process is happening correctly.” 

But Democrats say current procedures for verifying whether someone is qualified to vote are adequate and that giving Republicans the names and addresses would allow them to harass voters. 

“You’re entitled to vote in this country without having a candidate knocking at your door and trying to find a reason to disqualify you,” said Joseph Remcho, an attorney representing Democratic candidate Nicole Parra. “I think the registrar (of voters) will take care of that.” 

Parra, a congressional aide from Hanford, is locked in a tight race with Republican Dean Gardner, a Bakersfield businessman who trails Parra by only 165 votes for the 30th Assembly District seat. 

Gardner has asked Fresno County Superior Court Judge Gary Austin to order Fresno County election officials to turn over the voter information and then wait 72 hours before they start counting the 154 provisional ballots in their portion of the 30th District. 

A hearing on the motion is scheduled Wednesday. 

Knox says the GOP is also “looking at the possibility” of filing the same motion in nearby Kern County, which, like Fresno County, also covers a portion of the 30th District and has withheld the names of provisional voters. 

Kern has about 600 absentee and provisional 30th District ballots to process, said Sandy Brockman, the chief deputy registrar of voters. 

“We truly don’t feel that political parties have the right to dictate office policy or our procedures in this office,” she said. “We have a very good system set up for this. It’s a nonpartisan office. Politics does not belong here.” 

Provisional ballots are cast by voters who show up at a polling place but for some reason there is doubt about their eligibility to vote. The votes are only counted after the voters’ right to vote has been verified. 

Victor Salazar, the Fresno County clerk, says the verification process used by election officials includes a check of the voter’s address and that Gardner has a right to observe the vote count, challenge a vote and get the voter’s address. 

Gardner could also go to court to try to overturn the results if he has evidence of voter fraud, Salazar said. 

But the three-day delay would create a bottleneck that could prevent election officials from certifying the vote by the Dec. 3 deadline, Salazar added. 

“The issue is one of timing,” he said. “He now wants us to stop everything. That’s simply not possible if we’re to meet the deadline. 

“The tallying process should not be an opportunity for discovery. If there’s a basis for a challenge you come forward with it and it’s addressed.”

Soaring assault rates and a large number of self-inflicted wounds make Alameda County one of the most dangerous areas in the state for young people. But the county does a better job than most in providing after-school programs, job training and other violence prevention programs, according to a new study. 

The study, released by San Francisco-based Choices for Youth last week, ranked Alameda County 15th of the largest 16 counties in the state on youth safety, tagging the area with a “D” grade. By contrast, the county finished second on violence prevention, earning a “B+.” 

Laurie Kappe, director of Choices for Youth, a public education campaign focused on violence prevention, said Alameda County has made a recent shift toward prevention efforts and is still waiting for the investment to pay off in greater youth safety. 

“There’s been a big wake-up call that we need to protect Alameda County’s kids,” said Kappe. “It’s an investment and it takes a long time to see the results.” 

But Alameda County Supervisor Keith Carson, who represents Berkeley, said the state’s budget shortfall, now estimated at $20 billion over the next 18 months, could threaten the county’s ability to sustain prevention efforts. 

“It’s going to be more difficult to fund these programs,” he said. 

Choices for Youth, working with 25 violence prevention experts, identified five measures for grading youth safety in each county: hospitalization rates for assaults, self-inflicted injuries, student-guidance counselor ratios, juvenile hall incarceration and high school students graduating with the courses needed to attend the University of California or California State University. 

Although the study graded only the 16 largest counties, which include 83 percent of young people ages 10-17, it scored each of the 16 counties based upon how it stacks up against all 58 California counties. 

Alameda County ranked 55th of the 58 counties in hospitalization rates for assault and 56th for self-inflicted injuries, with 115 per 100,000 young people ages 10-17 injuring or killing themselves in 1999 and 2000. 

Nancy Salamy, director of education at the non-profit Crisis Support Services of Alameda County, said suicide crosses socio-economic and racial lines, making it difficult to pinpoint why any one county has higher rates than another. 

“What puts our kids more at risk than other kids, I don’t know,” she said. 

But Crisis Support Services is working to curb self-inflicted injuries through presentations on depression and suicide at schools across the county, Salamy said, including Berkeley High and Martin Luther King and Longfellow middle schools in Berkeley. 

Alameda County fared better on the number of students who graduated prepared to attend a state university, ranking 13th of 58 counties in the state. 

“Frankly, if not for that, they’d be getting an ‘F’ [on youth safety],” said Kappe. 

Berkeley High School, according to data from the California Department of Education, did particularly well in this category last year. While 39 percent of high school graduates in Alameda County, from 1997-2000, were prepared for a state university education, the number at Berkeley High last year was 69 percent.  

In grading violence prevention efforts, the study examined how adept each county was at winning state and federal funding and targeting it at violence prevention efforts. 

Alameda County received high marks on the Choices for Youth report card by spending 100 percent of $5.1 million it received from the state’s Juvenile Justice and Crime Prevention Act on prevention efforts, rather than law enforcement. 

Contact reporter at scharfenberg@berkeleydailyplanet 

To the Editor: 

The article “Californians want a single-family home” (Daily Planet, Nov. 15) stated that “an overwhelming number of Californians … prefer to drive to work alone and live in a single-family home.” The article further stated that “nearly four in 10 cited safety as the biggest reason.” While the article was unclear on what those polled want to be safe from, one assumes it is crime, since safety from other hazards, such as motor vehicle collisions and pollution-induced respiratory disease, are not commonly associated with solo commuting from a distant single-family home. Crime has decreased significantly over the last decade, so why is it so feared? I didn’t have to look far to see a contributing factor. Two of the four other articles on the same page provided detailed accounts of Oakland crimes, and a third described minor Berkeley crimes. The Daily Planet appears to have an editorial policy of never running articles about Oakland unless they involve crime. Oakland murders, with a running annual body count in the headline, are always covered. I generally appreciate the choice of news topics featured in the Daily Planet. Crime, however, receives disproportionate space. I believe disproportionate media focus on crime results in overestimation of crime risk and excessive fear. This fear has deleterious social consequences, as evidenced by all those people who want to drive alone to work because it is “safe.” People who are afraid to walk, bicycle, or take the bus contribute to vehicular congestion and pollution. Parental fear of children walking or bicycling to school contributes to increasing childhood obesity. Disproportionate focus on crime serves as free advertising for the prison industry, tough-on-crime politicians, and gated subdivisions. I hope you will consider reducing crime coverage and increasing coverage of other topics. 

Brit Harvey 

Berkeley

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. Please bring light snacks or drinks to share. This session’s topic: To be determined by those present 

527-5332 

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 

Alternative/ Special Kabbalat Shabbat 

7:30 p.m. 

Beth El, 2301 Vine St. 

848-3988 ext. 26 

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 

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 

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 

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+ 

Funk Fetish, DJs Eric Riggsbee, Big Al, Mahesh, Eric G (House & Breaks) 

9:30 p.m. 

Blake’s, 2367 Telegraph Ave. 

$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 

Pretty Girls Make Graves, J.R. Ewing, Hint Hint 

8 p.m. 

924 Gilman St. 

525-9926 

$5 

Saturday, Nov. 23 

Violins and Fiddles 

10:00 a.m. to Noon 

Freight & Salvage, 1111 Addison St. 

Del Sol String Quartet playing “The Music of Americas,” The Bluegrass Intentions performing bluegrass the old-fashioned way. With Mile Greensill on piano. 

Free 

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 

Embrace the End, The Damage Done, Scissorhands, For the Crown, Allegiance 

8 p.m. 

924 Gilman St. 

525-9926 

$5 

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 

Berkeley Broadway Singers 

5 p.m. 

St. Augustine’s Church, 400 Alcatraz Ave between College and Telegraph 

BBS presents “A Tribute to Richard Rodgers” 

525-7815 

Free 

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 

“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 

Menocchio 

Nov. 6 through Dec. 22 

Berkeley Repertory Theatre, 2025 Addison St. 

Berkeley Repertory Theatre presents Lillian Groag’s charged comedy 

647-2949, www.berkeleyrep.org  

$38 and $54/ sliding scale 

Alarms and Excursions 

Nov. 15 through Dec. 22 

Aurora Theatre Company, 2081 Addison St. 

Michael Frayn's comedy about  

the irony of modern technology. 

843-4822, www.auroratheater.org for reservations 

$26 to $35. 

Tuesday, Nov. 19 

Bill Maher, Presented by Cody’s 

7:30 p.m. 

First Congressional Church of Berkeley, 2345 Channing Way 

Maher will discuss “When You Ride Alone, You Ride with Bin Laden: What the Government Should be Telling Us to Help Fight the War on Terrorism.”  

$10, $5 w/ purchase of When You Ride Alone 

Thursday, Nov. 21 

Howard Rheingold discusses Smart Mobs: The Next Social Revolution 

7:30 p.m. 

Cody’s, 2454 Telegraph Ave. 

845-7852 

The Church’s Involvement in Tawain’s Democratization 

6:30 p.m. 

60 Evans Hall, UC Berkeley 

Professor Choan-seng Song will discuss the Taiwanese Presbyterian Church’s participation in Tawain’s democratization 

Thursday, Nov. 21 

“Berkeley in the 60’s” 

6:30 p.m. 

Tolman Hall 2326, UC Berkeley 

Presented by Center for Popular Education and Participatory Research. Meet editor Veronica Selver for a brief Q & A. See how UC Berkeley shaped a political world view 

642-2856 

Friday, Nov. 22 - Nov. 28 

“Seven Samurai” by Akira Kurosawa 

Shattuck Cinemas, 2230 Shattuck Ave. 

Kurosawa’s most well known film.  

843-3456 

$9 general admission

Gabriela Rios-Sotelo doesn’t have her mentor around anymore but has become a leader in her place. 

The 5-foot-4 sophomore is the top runner on the girls’ cross country team at St. Mary’s High School. Last year’s star was Bridget Duffy, who is now a freshman on the Cal cross country team. Duffy took Rios-Sotelo under her wing last year as the latter began running cross country for the first time in her life. 

“She’s had a very good season,” St. Mary’s coach Denis Mohun said of his rising star. “The hard thing for Gabby was that last year her mentor was Bridget Duffy, and now she’s gone. This year, she’s had to take the lead role and has adjusted quite nicely. She’s matured into a nice runner. 

“She’s really learning how to race. Before she would just take the lead and run. Now she’s more of a racer, knowing how to race and use a course to her advantage, knowing when it makes sense for her to make a move on the course. She’s beginning to enjoy it a lot more. She’s able to relax. The team wasn’t looking for her to be the top gun last year, but this year they’re looking for her to be the No. 1 runner in every race.” 

Rios-Sotelo has won nine of her 10 races, including the BSAL final, which she won with a time of 22:19, one minute and nine seconds ahead of the second-place finisher. Next up is the NCS championship at Hayward High School this Saturday. 

The only race she lost was the Lagoon Valley Classic, her second race of the year. She finished back in the pack. 

“It was the beginning of the year, and she had jitters,” Mohun said. “Part of that was the coach’s fault. I should’ve had a better game plan. Sometimes you forget with a young, talented runner they’re still learning.” 

Rios-Sotelo rebounded the following week, winning a race at Nevada Union with a time of 19:58. 

“She had a breakout race there and faced Cherisse MacPherson from Silver Creek High School,” Mohun said. “That’s a race where Gabby said, ‘Okay, I can do this. I need to come out more relaxed and focused. I’m a talented runner and I’ve been working hard. I should put myself in a position every race to be with the top runners.’ Now, she hasn’t lost since early September.” 

Rios-Sotelo says winning the BSAL final and winning at Piedmont were her most memorable moments so far this year. She turned the wrong way at two points in the Piedmont race and had to double back each time, and she still won. 

Rios-Sotelo learned to run competitively under Mohun. 

But she learned the intangibles of running from Duffy,who was a senior last year when Rios-Sotelo was a freshman. 

“One of the best benefits Gabby had was having Bridget last year as a running partner,” Mohun said.  

“They clicked well. Gabby learned just about going out and competing, about running to win always vs. always just putting in a time. 

Gabby was fortunate to have someone older than her who was a very good athlete to help train and teach her. Hopefully, Gabby’s the type of person who will take other girls coming in now under her wing, so she can get them to move up a level.” 

Rios-Sotelo keeps in touch with Duffy, who is still around at nearby Cal. 

“I talk to her a lot,” Rios-Sotelo said. “Basically, most of what I learned is from her. She’s been really great. The best thing she said is, ‘Just go out there and have fun, because coaches are telling you your whole plan, and you need someone to remind you it’s fun.’”

Vijay Lakireddy, 32, was sentenced to two years in a minimum security prison Monday for his role in a family operation to smuggle young Indian girls into the country for sex and cheap labor. 

U.S. District Court Judge Claudia Wilken decided to “reluctantly” go along with the sentence suggested in an earlier plea bargain for Lakireddy, the son of Lakireddy Bali Reddy, the notorious Berkeley real estate tycoon who is now serving an eight–year sentences for his role in the plot. 

Under terms of the plea bargain, in which Lakireddy pled guilty to one count of immigration fraud, Judge Wilken could have tacked on an additional six months to the recommended sentence. 

Lakireddy’s attorney, George Cotsirilos, expressed satisfaction with Wilken’s ruling. Before the sentence was rendered, Lakireddy said only that he “had faith in God and country.” 

Lakireddy pled guilty in June to falsifying a visa for an Indian man, Venkateswara Vemireddy, who posed as the father of two Indian girls living in the United States.  

In return, prosecutors dropped more serious charges that Lakireddy had raped several of the girls he helped place under the control of his father. The plea agreement came after a revelation that the court–appointed interpreter had encouraged prosecution witnesses to embellish the stories of their abuse. 

At the sentencing, Cotsirilos portrayed Lakireddy as a loving father and a rehabilitated man, who did not play a central role in the family’s plot. 

“He was victimized by other, more involved people and following the dictates of the people in this case,” said Cotsirilos, who also noted that since his arrest in 2000, Lakireddy, who had two previous substance abuse arrests, had successfully undergone a drug abuse program and was now serving as a counselor for those currently in the program. 

Prosecutor Stephen Corrigan also asked Wilken to abide by the plea bargain. 

“The government believes this is a righteous sentence,” he said, adding that he, in part, agreed to the plea bargain to keep the young Indian victims from having to testify at the trial. 

Wilken at first seemed unmoved by the two attorneys’ arguments and intent on opting for the longer 2 1/2-year sentence. She noted that the Indian victims had recently filed a civil suit against the Reddys showing that they would have been willing to testify in court and that Lakireddy’s previous admissions about the sexual motives behind his crime made the case “not a run-of-the-mill violation.” 

However, after repeated urgings from both the prosecution and defense, as well as Lakireddy’s probation officer, Wilken relented and imposed the two year sentence.  

“I will reluctantly go along with the plea agreement based on my trust in Mr. Corrigan, and [the probation officer] in terms of reaching an independent conclusion,” she said. 

Lakireddy will serve his sentence in the residential drug abuse treatment program at Nellis Federal Prison in Nevada. In addition to the sentence, Lakireddy was also fined $40,000 and, once freed, will be kept on supervised release for three years. 

Lakireddy is the third member of his family to plead guilty in connection to the family sex ring following the death of 17-year old Chanti Prattpati, who died of carbon monoxide poisoning Nov. 24, 1999 in a Berkeley apartment owned by the Reddys. The girl’s 15–year–old sister survived the gas poisoning, caused by a blocked heating vent and told federal authorities that she and her sister were flown to the United States and forced to have sex. 

In addition to Lakireddy’s father, his uncle, Jayprakash Lakireddy, and his aunt, Annapuma Lakireddy, pled guilty to immigration fraud but did not receive jail time. 

In January, Lakireddy’s brother, Prasad Lakireddy is scheduled to go to trial on charges ranging from immigration fraud to intent to engage in sex with a juvenile. 

Contact reporter matt@berkeleydailyplanet.net

To the Editor: 

As the initial results of this month’s election rolled in, I was worried that, once again, the Greens would be blamed for “spoiling” the Democratic governor's seat in Sacramento. Luckily, as more results poured in, Davis gained a plurality. The Democratic Party needs to look at future elections and decide whether it is willing to risk losing an election by not reforming election laws. Clearly, in a closer race, in which the Republicans have a more formidable candidate, the 5.3 percent of the vote that Camejo garnered could easily spell the difference between winning and losing. 

You would be hard pressed to find a Green who would rather have Simon over Davis or Bush over Gore but you would also be hard pressed to find a Green who will give up their right to vote their conscience. You would also have difficulty finding a Green Party candidate anywhere in the country who does not promote Instant Runoff Voting (IRV). It is curious to me that a campaign manager for the Democratic Governor is so fervently opposed to IRV, that he would rather see the Democratic Party implode than let 5 percent of the people express themselves freely. Mulholland should realize that there is an axiom in nature, “survival of the most cooperative.” It should be clear to the leadership of the Democratic Party that the Greens are not going away. The Green party is continuing to grow all over the world. 

David Heller 

Berkeley 

ALAMEDA — For once, it was the Oakland Raiders who got the ball and kept hold of it as the clock slowly ticked away. 

“That was beautiful. Ohhhh, thank you,” defensive tackle Sam Adams said Monday. 

In the Raiders’ emotional 27-20 victory over Super Bowl champion New England on Sunday night, Oakland held the ball for the first 9:42 of the third quarter and wound up in the end zone. 

That kept Patriots quarterback Tom Brady from doing much of anything. He couldn’t even lead his team to a touchdown the whole game, the first meeting between the teams since the Patriots beat the Raiders on the disputed “tuck rule” call in their snowy playoff game back in January. 

Controlling the ball was an accomplishment in itself for the Raiders, who have won two straight after a four-game losing streak. 

Only two weeks ago, the San Francisco 49ers had done the same thing to beat the Raiders on a field goal in overtime. Niners quarterback Jeff Garcia led his team to victory by maintaining possession for the final 30 plays, which spanned more than 15 minutes. 

“That’s what everybody has been doing to us all season, running out the clock,” offensive lineman Frank Middleton said. “We wanted to return the favor.” 

The Raiders didn’t hesitate to express their frustration after the loss to San Francisco, their fourth straight defeat, but were careful not to place blame on the defense. 

Quarterback Rich Gannon has returned to his early-season form. After throwing for 352 yards and three touchdowns in a 34-10 win at Denver last Monday night, he patiently led the Raiders on Sunday as they did a better job of mixing in their running game, and used mostly short gains to move the ball. 

“We knew we had to put some points on the board,” receiver Jerry Rice said. “New England in the second half, they’re so strong.” 

And members of the defense sure were thrilled to get a chance to rest for nearly a quarter. Lately, it’s been rare to see them on the sidelines for such a long stretch. 

“It was great,” safety Rod Woodson said. “It gives you an opportunity to watch and stay off the field. That always feels good. Playing San Francisco, we did it the opposite way, but we’re playing well.” 

Coach Bill Callahan had scripted his first 10 plays for the second half as he always does, and the Raiders just kept moving down the field. 

“We didn’t go into the second half thinking we were going to run it off,” Callahan said Monday. “It’s positive. Anytime you look at the end of the series and you take 9 minutes, 42 seconds off the clock, it’s very gratifying. Everybody in this league would concur with that. 

To start the second half and to leave that offense on the other side of the field on the bench, I think our defense appreciated that.”

The NCAA upheld its one-year bowl ban on California’s football team Monday, but restored nine scholarships it revoked in June after an investigation into academic fraud and other infractions. 

The ruling ended the unlikely bowl hopes of the Golden Bears (6-5), whose revival under first-year coach Jeff Tedford has been a remarkable success story in college football this season. 

Three months ago, the bowl ban seemed superfluous for a team that went 1-10 last fall and hasn’t had a winning season since 1993. Now, Cal can earn a winning record Saturday with a victory in the Big Game against Stanford (2-8). 

“We’ve said all along that it was something we couldn’t control,” Tedford said. “This will be the last week that this group of guys gets to be together as a whole. We’re going to prepare as always, but I’m sure it’ll be an emotional week for them.” 

Tedford and his players are being punished for multiple misdeeds committed under previous coach Tom Holmoe’s watch. In restoring the scholarships, the NCAA said its original sanctions were excessive for an array of minor violations. 

“It’s disappointing, but now the Stanford game is our bowl game,” quarterback Kyle Boller said. 

Cal has been under investigation for more than two years by the Pacific-10 Conference and the NCAA. The school already fulfilled its self-imposed conference penalty by forfeiting four scholarships in 2001. 

Cal appealed the NCAA’s ruling and school officials pleaded their case in Indianapolis two weeks ago. The Bears have completed nearly two years of their five-year NCAA probation stemming from the case. 

The NCAA’s appeals committee acknowledged the unfairness of the current players’ predicament, but upheld the bowl ban based on Cal’s status as a repeat violator, university chancellor Robert Berdahl said. A Cal basketball player was paid during the tenure of former coach Todd Bozeman in the mid-1990s. 

Cal’s players, including the seniors who have been in Berkeley through three or four losing seasons, were told the news in a team meeting Monday. 

“The way the team reacted helped me a lot,” said star cornerback Nnamdi Asomugha, one of the 15 seniors who start for the Bears. “The team didn’t react as if they were shocked. It didn’t really have an effect on us. We’ve been through so much together, this doesn’t affect us. I’ve never been to a bowl game, anyway.” 

The chief violation cited by the NCAA involved receivers Ronnie Davenport and Michael Ainsworth, who maintained their eligibility in 1999 by receiving credits in a class they didn’t take. The credits were awarded retroactively by a professor who acted without the athletic department’s knowledge. 

“While we are saddened that our student-athletes will be deprived of a possible bowl-game experience, we do find some solace in the fact the NCAA recognized the merits of our appeal and have reduced our penalties,” athletic director Steve Gladstone said.

To the Editor: 

If we are going to have transit corridors in Berkeley, then we must consider frankly the problems with BART. BART was built as though AC Transit did not exist. BART stations are on lightly traveled bus routes and are at odd locations. Buses have to make circuitous trips through BART stations, and riders have to walk far too long to transfer. BART tried to change travel patterns and now finds itself an inconvenience to riders. 

Shouldn’t BART have been located on College Avenue with the first station under Sproul Plaza, the second at University and Shattuck avenues, and the third at University and San Pablo avenues, and continuing to Richmond along San Pablo? 

Berkeley had voted for underground BART and the contract came in under the estimated cost, but it was squandered in several ways. The use of the Santa Fe right of way was shear folly as hardly anyone was going along that route. Albany voted not to have a BART station. 

Placement of the North Berkeley BART station has eliminated many single family residences and disrupted the whole community. It will bring pressure to have apartment complexes and convenience stores near the station. Is concentrated development around BART stations what we want? What would it cost to redo it correctly? Can BART be rerouted so that it serves more people safely?  

Charles Smith 

Berkeley 

Alabama hasn’t been regarded this highly in 25 years. 

The Crimson Tide rose four places to No. 4 in The Associated Press men’s college basketball poll Monday, their best ranking since they were in the same spot on Feb. 15, 1977. 

Like Alabama, Texas improved on its preseason ranking thanks to a victory in the Coaches vs. Cancer Classic at Madison Square Garden. The Longhorns moved up one place to No. 3 in the first poll of the regular season. 

Arizona and Kansas held on to the Nos. 1 and 2 spots they occupied in the preseason poll. 

The Wildcats received 58 first-place votes and 1,736 points in the voting by a national media panel, while Kansas was rated No. 1 on 10 ballots and had a total of 1,679 points. 

Texas, which beat then-No. 16 Georgia 77-71 in New York, moved up one spot from its highest ranking ever. 

Alabama jumped from eighth on the strength of its 68-62 victory.

With absentee ballots counted, 8th District City Council candidate Gordon Wozniak has inched closer to winning an outright victory in the Nov. 5 general election and avoiding a runoff against his nearest competitor, UC Berkeley graduate student Andy Katz. 

But with only “provisional ballots” left to count – ballots expected to favor Katz – Wozniak may not win the 45 percent of the vote he needs to avoid a showdown with the student candidate. 

Provisional ballots go to citizens who show up at a polling station on Election Day and believe they are registered to vote, but do not appear on the roster of voters. Often, said City Clerk Sherry Kelly, those voters have moved since the last election and failed to re-register. They are allowed to re-register on Election Day and cast a provisional ballot at their new polling places, she said. 

Both candidates say students, because they frequently move, likely cast a large number of the provisional ballots. In the general election, students overwhelmingly backed Katz. 

The Alameda County Registrar of Voters will count an undetermined number of 8th District provisional ballots this week and is expected to issue an update on Friday and certify the general election Nov. 27. 

As of Monday, with the absentee ballots counted, Wozniak had 2,094 votes or 44.4 percent of the total – just 29 votes short of the 45 percent threshold needed to win. Katz had 1,565 votes, or 32.3 percent. Human rights consultant Anne Wagley was third, with 19.7 percent of the vote and journeyman Carlos Estrada finished fourth, with 2.6 percent, in a four-way race to succeed retiring Councilmember Polly Armstrong. 

If Wozniak does not reach the 45 percent threshold with the provisional ballots, he will compete with Katz in a run-off by mail. The city clerk, anticipating the runoff, mailed ballots to 8th District voters at the end of last week. Voters have until Dec. 3 to return them. 

Katz, backed by Berkeley’s progressive political faction, would give progressives a 7-2 edge on City Council if elected. If Wozniak succeeds the moderate Armstrong, he will keep the balance at 6-3 in favor of the progressives. 

Wozniak said he would be disappointed if, as expected, he falls just short of an outright victory in the general election. But he predicts a win in the runoff. 

“It’s frustrating to come so close and not win it in the general election,” he said. “It’s also reassuring that I did come in first and over 11 percentage points ahead of my nearest competitor. That makes us confident.” 

Katz countered that he could close the gap in the runoff, predicting that he would pick up the support of voters who backed Wagley, the third-place finisher in the general election. 

Two weeks ago Wagley said she would likely endorse one of the two candidates in the runoff. But, after meeting with Katz and Wozniak in recent days, she has decided to remain neutral. 

Wagley, who ran as a centrist alternative to the progressives and moderates, told the Daily Planet Monday she was reluctant to side with either camp. She also said neither Katz nor Wozniak have placed enough emphasis on her pet concern, open public process. 

Wozniak, like Katz, predicted that he will win the vote of former Wagley supporters. Wozniak noted that much of Wagley’s support came from residential areas where he fared well and predicted that homeowners will naturally gravitate to his moderate candidacy in the runoff. 

Katz countered that several of Wagley’s prominent endorsers, like progressive Board of Education member John Selawsky, are now backing him. 

Another key factor in the race will be voter turnout. Runoff elections typically attract about half the voters of a general election, according to the city clerk, and both campaigns are busy telling supporters that a runoff is likely and urging them to mail in their ballots.  

Wozniak, a retired scientist and member of the Planning Commission, says experience is one reason voters should support him. 

“I’ve lived in the district for 30 years. I’m well-acquainted with the problems and think I could fairly represent the district,” he said. “Andy, I think, hasn’t lived in Berkeley very long – he’s been here only as a student.” 

Katz, who serves on the Zoning Adjustments Board, says he has been attending city meetings for four years and has more experience than Wozniak on issues like housing and traffic that have dominated the campaign. 

Contact reporter at scharfenberg@berkeleydailyplanet.net

To the Editor: 

It saddens me that my words (Daily Planet, Nov. 7) opened onto Greg Schlappich’s universe of fears (Forum, Nov.12). I can see how that would happen. I hope the people of Berkeley can work in delight and harmony and stand with the ideas Mayor-elect Tom Bates offered to the voters during his positive campaign. 

I love Berkeley. The times are hard. We will need resolve. And music. 

Russ Ellis 

Co-chairperson,  

Tom Bates for Mayor 

WASHINGTON — The Justice Department moved swiftly Monday to take advantage of a court ruling broadening its ability to track suspected terrorists and spies using wiretaps and other surveillance techniques. 

Attorney General John Ashcroft said the ruling by a specially appointed three-judge review panel will give the Justice Department expanded surveillance powers under the USA Patriot Act, passed by Congress after the Sept. 11 terrorist attacks. 

It was the first time the appeals panel had overturned a ruling by the ultra-secret Foreign Intelligence Surveillance Court, which had sought to impose restrictions on how and when surveillance authority could be used to track foreign agents. 

A key part of the ruling removes legal barriers between FBI and Justice Department intelligence investigators and prosecutors and law enforcement personnel. 

The ruling, Ashcroft told reporters, “revolutionizes our ability to investigate terrorists and prosecute terrorist acts.” 

But the American Civil Liberties Union and several other groups contend the ruling will harm free speech and due process protections by giving the government far greater ability to listen to telephone conversations, read e-mail and search private property. 

“We are deeply disappointed with the decision, which suggests that this special court exists only to rubber-stamp government applications for intrusive surveillance warrants,” said Ann Beeson, who argued the case for the ACLU. 

Ashcroft announced a number of immediate steps, including development of a computer system to help investigators get quick court approval for surveillance; doubling of the number of FBI attorneys working with surveillance applications; and designation of one lawyer in each U.S. attorney’s office as the local point person for these cases. 

FBI Director Robert Mueller also created a new unit to handle cases brought under the 1978 Foreign Intelligence Surveillance Act, which was amended by last year’s anti-terrorism Patriot Act to boost surveillance powers. The upshot, Ashcroft said, is improved coordination and cooperation between federal agencies, which have drawn heavy criticism for failing to detect and stop terrorists within the United States. 

“This will greatly enhance our ability to put pieces together that different agencies have. I believe this is a giant step forward,” Ashcroft said. 

The review panel’s opinion overturned a May decision by the Foreign Intelligence Surveillance Court on Ashcroft’s proposed surveillance guidelines under the Patriot Act. 

An appeal to the Supreme Court was unlikely, at least any time soon. The Justice Department is the sole party to the case, and as the winner had no plans to appeal, officials said. The ACLU and others would have to find another option, such as a criminal case involving intelligence surveillance, to ask the high court for a hearing. 

“This is a major constitutional decision that will affect every American’s privacy rights, yet there is no way anyone but the government can automatically appeal this ruling to the Supreme Court,” Beeson said. 

Robert F. Turner, a conservative who is associate director of the Center for National Security Law at the University of Virginia, said the decision will enhance government coordination in the war against terrorism and should not unduly infringe on the constitutional protection against unreasonable searches and seizures. 

“The balance we have to make right now is, some decisions might infringe upon some liberties, but on the other hand might cost a lot of lives,” Turner said. 

The decision was issued by a trio of judges appointed by President Ronald Reagan: Ralph B. Guy Jr., a semiretired judge on the 6th U.S. Circuit Court of Appeals in Cincinnati; Edward Leavy, a semiretired judge on the 9th U.S. Circuit Court of Appeals in San Francisco; and Laurence Hirsch Silberman, a semiretired judge on the U.S. Court of Appeals for the District of Columbia. 

They are sitting as the U.S. Foreign Intelligence Surveillance Court of Review, which is named by Chief Justice William Rehnquist. 

The intelligence court, created in 1978, is charged with overseeing sensitive law enforcement surveillance by the U.S. government. The so-called spy court must approve wiretaps and other surveillance specifically for suspected spies, terrorists or foreign agents. 

Its May 17 ruling was the first-ever substantial defeat for the government on a surveillance issue, and its unprecedented, declassified public opinion issued in August documented abuses of surveillance warrants in 75 instances during both the Bush and Clinton administrations. It approved 934 applications in 2001. 

The spy court concluded that Ashcroft’s proposed rules were “not reasonably designed” to safeguard the privacy of Americans. 

The three-judge panel found that “the definition of an agent of a foreign power ... is closely tied to criminal activity” and that the 1978 law never specifically banned cooperation between the intelligence and criminal parts of the Justice Department, or between it and the CIA. 

The judges found it “quite puzzling” that the Justice Department had limited its use of intelligence surveillance if it intended to actually prosecute the targets for crimes. 

The changes permit wiretaps when collecting information about foreign spies or terrorists is “a significant purpose,” rather than “the purpose,” of an investigation. 

Critics are concerned the government might use the change as a loophole to employ espionage wiretaps in common criminal investigations. 

Ashcroft said that won’t happen.

Berkeley has taken the lead on an ambitious project that, if realized, could have downtown sporting more trout than students. 

City Council voted unanimously last week to help fund a study on the feasibility of tearing up a stretch of Center Street to allow Strawberry Creek, buried underneath the pavement of downtown for more than 100 years, to flow above ground. 

The creek, which winds mostly underground from the UC Berkeley campus to San Francisco Bay, would meander where Center Street now stands from Oxford Street to Shattuck Avenue, before dipping back underground. 

Supporters say the creek would serve as the springboard for a radically new downtown headlined by a hotel and conference center that would double as a showplace for environmental technology. 

“This is the most exciting downtown development in decades,” said Councilmember Kriss Worthington. 

But despite the unanimous vote to study the project, several council members remain skeptical that such a project is viable during a time when capital is scarce and the city is facing a growing budget deficit. 

“I voted for the conference center,” said Betty Olds, explaining her support of the study. “[But] I don’t see how the city is going to get the money for the creek.” 

Richard Register, President of EcoCity Builders and the brainchild of the project, said the city would not be responsible for much of the project’s cost, estimated between $50 million and $200 million. 

He envisions a formula in which either the university or a private developer builds the hotel and conference center as well as new housing. Revenues generated from the businesses would pay for most of the creek restoration, he said.  

In addition to unearthing the creek, the project would restore the surrounding soils and bring native plants and fish. 

“There would be trout swimming up and down Center Street. It would be quite artistic,” Register said. 

Council agreed to grant $20,000 to study the feasibility of the plan, contingent on matching donations from UC Berkeley and state agencies. University officials declined to comment on their possible participation in the study. 

The Coastal Conservancy, a state environmental group that has donated $100,000 to unearthing nearby Cordornices Creek in Albany, has expressed enthusiasm for the plan. 

“Creek restoration is one of the things we’re interested in,” said Brenda Buxton, a project manager at the conservancy. Although she would not speculate on the amount of money her group might provide, she said they have funded millions to some projects. 

Register envisions the hotel and conference center springing up at a defunct university–owned printing press on the northeast corner of Center Street, with housing and green space to its west along Center, where a Bank of America branch office parking lot currently sits. 

The bank has not committed to selling any of its property for the development, but bank spokesperson Juliet Don said pending the results of the study, the company would be willing to cooperate with the city and university on the development. 

City staff had pushed council to approve the study, but are not convinced the plan is realistic or that it would help the city. 

“We have to sit down and figure out what the real issues are and what this will get us,” said Deputy Assistant Manager Phil Kamlarz. In addition to the question of obtaining private funding, Kamlarz said there were revenue issues that would need to be resolved. 

He noted that if the university, which is tax-exempt, owns the hotel, the city would be deprived of property tax revenue from the site and might be denied hotel tax money as well. 

Also, he said, the study would have to determine if the hotel and convention center would bring new business into the city or if it would just take customers away from current Berkeley businesses like the Radisson Hotel and Hs Lordships. 

Register insisted that the success of recent downtown projects such as the Gaia Building has convinced financiers that downtown Berkeley is a viable investment and that frequent UC Berkeley events would keep the hotel occupied for much of the year.  

SAN FRANCISCO – Marin County medical examiners confirmed Monday they identified a body found floating between Angel Island and Alcatraz last week as that of a Swiss citizen who apparently was thrown from a party boat last month. 

A spokesman said dental charts were used to establish the identity of Lionel Voillat, a 30-year-old resident of San Mateo on the Peninsula who was also a Swiss citizen. 

“He drowned,” commented the spokesman, who had reviewed the autopsy results from late last week. When the body was discovered Thursday afternoon, another agency representative said it seemed to have been in the water for several weeks. 

Since the Oct. 27 incident aboard the Red and White Fleet's Royal Prince in the bay, the Swiss man had been presumed dead. But his body wasn't discovered quickly, despite searches into the night by the U.S. Coast Guard in the area off Hunters Point where the incident occurred. 

The next day, another cruise participant named William Monaghan, 27, was arrested. Prosecutors said at least one witness saw the defendant argue with the victim and then pick him up and throw him over a deck railing.

Colleges and universities across the United States stepped up their recruiting efforts to offset dwindling numbers of high school graduates over the two decades ending in 1999, a study by five leading educational institutions reported Monday. 

That helped schools maintain their academic standards, according to researchers who produced “Trends in College Admission 2000.” 

The report was issued by: the National Association for College Admission Counseling; the Association for Institutional Research; the two organizations behind the SAT — the Educational Testing Service and the College Board; and ACT Inc. 

Similar reports were issued in 1979, 1985 and 1992. 

From 1979-99, the annual number of high school graduates declined by more than 250,000 students to less than 3 million, the new report said, though the decline ended in 1994. Graduation numbers have increased since then and are expected to keep rising. 

Jim Maxey, a senior research scientist with ACT, said schools began marketing themselves more heavily in the 1970s, driven partly by concern they would have to lower academic standards to survive as the pool of students became smaller. 

“The fear was that if they raised standards they would have fewer students,” Maxey said.

SAN FRANCISCO — A federal appeals court blocked a legal challenge to the detention of the 600 or so Afghan war prisoners being held at Guantanamo Bay Naval Base, giving the Bush administration a major victory in its war on terrorism. 

The 9th U.S. Circuit Court of Appeals ruled Monday that a coalition of clergy members and professors could not represent the prisoners being held at the base in Cuba. 

The Coalition of Clergy, Lawyers and Professors sued on behalf of the prisoners, many held in Cuba for about a year. The suit alleged they have been deprived of their liberty without lawyers and have not been informed of the accusations against them, in violation of the U.S. Constitution. 

But the appeals court declined to address that issue, and instead ruled the clergy did not have legal standing to seek redress for the detainees. And the court declined to rule on whether individual prisoners could bring their own cases. 

The government’s position is that the federal judiciary has no power over U.S. military policy being carried out in a foreign nation as part of the nation’s war on terrorism. 

“The Justice Department is pleased the 9th Circuit accepted the government’s argument that the detention of Taliban and al-Qaida combatants in Guantanamo Bay cannot be challenged by the plaintiffs,” department spokeswoman Barbara Comstock said. “The military has acted within its authority in detaining noncitizens captured in combat outside of the United States.” 

The decision, which upholds a Los Angeles federal judge, follows an August ruling by U.S. District Judge Colleen Kollar-Kotelly of the District of Columbia. Kollar-Kotelly ruled that suspected Taliban and al-Qaida fighters held in Cuba do not have a right to U.S. court hearings, allowing the military to hold them indefinitely without filing charges. 

In that case, involving two Britons, an Australian and 12 detained Kuwaitis, the judge said the prisoners are not in the United States and thus do not fall under the jurisdiction of federal courts. That case is on appeal. 

The San Francisco-based federal appeals court did not go that far, but simply said the dozen or so members of the Coalition of Clergy, Lawyers and Professors had no legal standing to represent the detainees’ interests. To be granted that status, the three-judge panel wrote that the coalition must have a preexisting relationship with them or prove that the prisoners had a mental defect prompting others to intervene on their behalf. 

“Even assuming the detainees are unable to litigate on their own behalf,” Judge Kim McLane Wardlaw ruled, the coalition “has failed to demonstrate any relationship with the detainees.”

SANTA CLARA — About 600 Santa Clara Superior Court workers walked off the job Monday, forcing the closure of two courthouses and prompting an injunction trying to force some back to work. 

The court reporters, legal clerks and other staff are expected to continue striking until they see some changes from management, especially regarding wages, said Isobel White, spokeswoman for Local 715 of the Service Employees International Union. 

Court spokeswoman Debra Hodges refused to answer questions or comment on the strike. 

Court officials are offering a 2.5 percent raise in the first year of a three-year contract. No raises would be added during the last two years. Union officials are seeking a 6 percent annual raise. 

“They are simply asking for something that will allow workers to support their families,” White said. 

Workers at a dozen court facilities, which employ both state and county workers, stayed home Monday. Only the state employees are striking. 

Court officials say the state budget restricts them from making a better offer, but San Mateo County court workers just signed a contract with a 14 percent pay raise over four years, White said. 

“Other court systems have been able to settle contracts and provide decent pay increases,” White said. 

White said the Santa Clara County Superior Court filed an injunction Monday asking that key workers to return to work. The hearing was scheduled for 4 p.m. Monday in front of an out-of-county judge. 

White acknowledged about 50 workers crossed the picket lines at several facilities. 

It was unclear when the Notre Dame and the Santa Clara courthouses would reopen. 

Alarming number of rapes 

SANTA ROSA — The number of reported rapes is on the rise in Santa Rosa, in line to be the highest level in the past nine years, police and social workers say. 

Most of the crimes involve people who know each other. Only two of the 72 reported rapes involved strangers. 

“The common perception is rapists are strangers, and that rapes occur in dark alleys in the middle of the night,” Santa Rosa Police Cmdr. Scott Swanson said. “The reality is the assailant is probably known and known quite well and trusted by the victim.” 

Petaluma fire injures one 

PETALUMA — A firefighter was injured and four businesses were damaged in a three-alarm blaze in downtown Petaluma’s shopping district early Monday. 

The blaze started about 10 a.m. in the attic of the Kentucky Street building that houses the Buona Sera restaurant, two antique stores and a barber shop, according to Michael Ginn, Petaluma fire marshal. The cause was under investigation, Ginn said.

By JOHN CURRAN 

The Associated Press  

EGG HARBOR TOWNSHIP, N.J. — The half-gallon ice cream container — the sweet standard of grocery store freezers for decades — is quietly starting to shrink. 

While manufacturers over the years reduced the package size of everything from candy bars to dish detergent, the traditional ice cream “brick” remained what it was — the half gallon. 

Now, pinched by rising costs of ingredients and afraid to hike prices already above $5, at least two ice cream makers have started silently phasing out the half gallon with a 1.75-quart carton. Others are considering doing the same. 

Dreyer’s, which is based in Oakland, Calif., and sells the Dreyer’s and Edy’s brands, began introducing the smaller package in March. The new and old cartons can be found side-by-side during the transition, identical in shape and design — and price. 

Asked about the move, Dreyer’s cites a $30 million jump last year in the cost of butter fat and other ingredients. Dreyers is one of the biggest manufacturers, with annual sales of $1.4 billion. 

“We have over 100 flavors and many of them — because people are preferring indulgent, chunky flavors — cost more to produce than regular flavors like vanilla,” said spokeswoman Dori Bailey. 

“We’d like to keep the cost at a price that’s more affordable for folks,” she said. 

Schwan’s, which sells retail primarily via a 7,000-vehicle fleet of home delivery trucks, made the switch in late 2001, phasing out half-gallon cartons in favor of a 1.75-quart lidded container. 

“When costs trend up, you have a choice to make: Do you raise the unit price or do you reduce the unit?” said John Nabholz, spokesman for Schwan’s Sales Enterprises, based in Marshall, Minn. “You can’t lose money on a product and stay in business.” 

Other major ice cream makers are sticking with the half gallon for now. About three quarters of all ice cream is sold by the half gallon, according to the International Ice Cream Association. 

Good Humor-Breyer’s, which boosted its half-gallon price by 30 cents in mid-2001 because of rising costs, has no plans to shrink its packages. 

“If we can avoid passing it on to the consumer, that’s what we’ll do,” said spokeswoman Lisa Piasecki. “So far, we have.” 

Turkey Hill dairy, in Lancaster, Pa., has no plans to switch from half gallons but introduced the idea to a pair of focus groups last week, to gauge consumer reaction, according to spokeswoman Melissa Mattilio. 

Using the 1.75-quart and half-gallon Edy’s containers as examples, Turkey Hill market researchers asked them how they felt about such shrinkage. 

“We just asked if anyone was aware that this had happened,” Mattilio said. “No one had noticed at all. When it was pointed out to them, they said, ’That doesn’t seem too right, but what are we really going to do about it?”’ 

Customers do notice change, and some don’t appreciate it. 

“Everybody’s doing it,” complained Dorothy McGrath, 73, of Linwood, N.J., as she shopped the ice cream aisle at a Super Fresh supermarket in Egg Harbor Township recently. “The same thing happened with laundry detergent. The brands I used to buy in 100-ounce bottles are now 80 ounces, only the price is the same. They’re cheating the public, because they don’t advertise it.” 

McGrath bought two half gallons of Turkey Hill brand ice cream, which were $1.99 on sale. The only brands offered in the 1.75-quart sizes were Edy’s and Healthy Choice. 

She gets so angry when product sizes shrink that she sometimes switches to a different brand in protest. 

That’s a legitimate concern, according to ice cream industry consultant Malcolm Stogo. 

“The public does not like to see downsizing. They think they’re being cheated. Putting a 1.75-quart container out instead of a half-gallon container is very deceptive,” said Stogo, author of “How to Succeed in the Incredible Ice Cream Business.” 

Manufacturers have heard such complaints, but sales haven’t been significantly affected, they say. 

“We’ve had a few people say, ’Wait a minute, there’s less ice cream in this package,”’ said Nabholz, of Schwan’s. “But our research shows there’s effectively the same yield. It’s a more user-friendly package and it’s more efficient.”

SANTA CLARA, — Software maker Roxio is poised to snap up the remaining assets of the now defunct song-swapping company Napster for $5 million in cash and 100,000 warrants to purchase Roxio common stock, the company announced Friday. 

Roxio, maker of popular CD burning software, has entered into an agreement to acquire all of Napster’s dwindling assets and intellectual property. Roxio would not assume any of Napster’s liabilities, the Santa Clara-based company said. 

The purchase of Napster’s assets is subject to the approval of Delaware bankruptcy court. 

In September, the bankruptcy judge blocked the sale of Napster’s assets for $8 million to its chief investor, the German media company Bertelsmann. Napster’s remaining 42 employees were summarily fired. 

Roxio says “Napster has value that is synergistic with Roxio’s current digital media offerings” and the company’s long-term vision of digital entertainment.

NEW YORK — Wall Street pulled back Monday as investors tried to extend six weeks of blue chip gains but were stymied by war concerns and a tepid Wal-Mart outlook. 

Analysts said trading was light Monday as investors had little significant economic news to digest, leading to more accentuated price swings. Selling to cash in profits from October’s big rally also depressed prices. 

“What we’re seeing is some skittishness from investors in the near term about the prospects of war with Iraq,” said Kevin Caron, market strategist at Ryan, Beck & Co. “But I caution that we’ve already discounted a great deal of anxiety in the market.” 

“We’re beginning a recovery process, and we think we’ve got significant room to move off these levels. I wouldn’t be terribly concerned” about some moderate declines, he said.

LOS ANGELES — He has been a genetically engineered twin and a pregnant man, a barbarian and a spy, a kindergarten cop and a killer. Now some Republicans are casting Arnold Schwarzenegger as the next governor of California. 

Fresh from the Election Day success of a $550 million education measure that he sponsored, the actor has become perhaps California’s most promising GOP candidate — even though he is not yet running for anything. 

“Arnold Schwarzenegger would do a tremendous amount to reinvigorate the party itself and the image of the party to most Californians,” said Brian Todd of Bakersfield, a delegate to state party conventions. 

The body-builder-turned-action-hero deflects questions about his political ambitions, but many Republicans expect — and hope — he will run for governor in four years. 

The Austrian-born actor considered seeking the nomination against Democratic Gov. Gray Davis this past year. Supporters launched a “T2 in ’02” movement, and T-shirts with the slogan were snapped up at the party convention in February. But Schwarzenegger decided not to run, citing his contract to film “Terminator 3,” set for release next summer. 

Instead, he drafted, funded and starred in TV commercials for Proposition 49, which dedicates as much as $550 million annually to before- and after-school programs. The measure passed by a wide margin earlier this month. 

America’s most successful actor-turned-politician, Ronald Reagan, blazed the trail a generation ago. Before becoming governor of California and then president, Reagan made the transition into politics as president of the Screen Actors’ Guild and a spokesman for General Electric. Other celebrities who have switched to politics include former Carmel Mayor Clint Eastwood and Minnesota Gov. Jesse Ventura. 

Schwarzenegger’s name, wealth and potential to appeal to Democrats and moderates make him an attractive candidate in a state where Democrats outnumber Republicans 45 percent to 35 percent. 

“It’s pretty clear that right now Schwarzenegger is a strong early front-runner for the nomination,” said GOP consultant Dan Schnur. “Proposition 49 was the first primary of the 2006 governor’s race if Arnold Schwarzenegger wants it to be.” 

Schwarzenegger, 55, told The Associated Press: “To me it’s a great honor to be considered for those kind of things. I think it’s great people say, ‘He’s the ideal candidate’ or ‘He can win.’ Obviously, it’s much better if people say that than if they say the opposite. But I don’t have a plan like that.” 

Republican state Sen. Tom McClintock would be viewed as a potential rival in 2006 if he wins the state controller’s contest, which two weeks after Election Day remains too close to call. If he loses, Republicans will hold no statewide offices. 

If Schwarzenegger runs, he could have the advantage of a Democratic field divided among four or five of the Democrats’ statewide officeholders. 

Another Democrat mentioned as a contender has been actor-director Rob Reiner of “All in the Family” fame, raising the prospect of a Terminator vs. Meathead matchup. But Reiner associates say he has no plans to run. 

There are obstacles between the Terminator and the Republican nomination. GOP primaries in California tend to favor conservative candidates, and Schwarzenegger describes himself as “very liberal” on social issues. He favors legalized abortion, some gun control measures and gay adoption. His wife, Kennedy cousin Maria Shriver, is a Democrat. 

Republican insiders differ on whether the nomination is his for the taking. 

“At this point for the Republican nomination, it would be a coronation,” said GOP consultant Kevin Spillane, who helped run former Los Angeles Mayor Richard Riordan’s losing campaign for governor. Riordan, a GOP moderate, lost the nomination to a conservative, Bill Simon. 

“It’s not going to be a coronation,” said veteran GOP strategist Ken Khachigian. But he added: “If he makes the rounds and raises money, participates in the debate, lets us know where he is on issues over the next year and a half, obviously he has a great deal of name ID, and everything being equal, I think people would be interested in his running.” 

Schwarzenegger got a taste of the rough and tumble of politics last year, when a Davis strategist responded to his potential candidacy by bombarding newsroom fax machines with tabloid stories of alleged groping and womanizing by the actor. 

Schwarzenegger is also responsible for hundreds of on-screen deaths and is shown smoking pot in “Pumping Iron,” the 1977 documentary about his bodybuilding days. 

“None of those things have been an obstacle to me and I don’t think any of the things will be an obstacle to me,” he said. “I’m extremely proud of my background.”

SANTA CLARA — Mayors from several U.S. cities gathered Monday at a conference to hash out energy issues with a focus on the future of the tumultuous deregulated market. 

The mayors from California, Colorado, Washington, Arkansas and Utah also got fresh information from federal officials about security concerns for power generating plants and transmission facilities in the wake of the Sept. 11 terrorist attacks. 

Many of the mayors come from areas hard hit by the energy crisis that caused rolling blackouts and soaring rates last year in California. They’re looking for answers as they grapple with growth issues and increased energy consumption. 

The conference served as a primer for an initial understanding of current energy issues. 

Lewis Billings, mayor of Provo, Utah, said his city has seen 3 percent annual growth in recent years and is looking for improved energy policies that would not require power suppliers to dramatically raise rates. 

“We’ll be really hurt if we’re not prudent in the public policy that goes forward,” Billings said. 

Other mayors, such as conference host Judy Nadler of Santa Clara, were concerned that the transmission lines and infrastructure bringing power to the Bay Area are aging rapidly. 

“The infrastructure is quite old. In many areas it’s outdated. It’s not environmentally friendly,” Nadler told those in attendance. 

Fairfield Mayor Karin MacMillan said she seeks to protect her constituents from a repeat of the same poor planning and power buying contracts that fueled the rising rates and problems of the past. 

She was also concerned that her county of Solano did not have its own hazardous materials team of experts available to respond in case nuclear waste being transported through her county was somehow disrupted. 

Under current conditions, her city would have to wait on a Hazmat team from nearby Napa County to respond to such an emergency. 

“I’m talking about nuclear. I’m talking about dirty bombs. I’m talking about anything,” MacMillan said. 

Jodi Hanson, deputy assistant secretary of national security at the Department of Energy, said despite environmental concerns about the disposal of its waste, nuclear energy is a prized source of power. 

“We consider that a clean energy. In other countries, such as Japan, it’s not this divisive issue,” Hanson said. 

What the national energy plan needs to include, Hanson said, is an emphasis on security increases at power generating and transmission lines and a focus on public awareness programs and reusable sources of energy. 

There’s also much repair work needed for the Western regional power system, said Nora Mead Brownell, a commissioner with the Federal Energy Regulatory Commission. 

“The Western infrastructure, particularly in California, is still fragile and fraying around the edges,” Brownell said. “We’ve had 10 years of underinvestment in transmission in this country because nobody knew what the rules were going to be.” 

“It means we’re not replacing aging plants with new, more environmentally benign plants,” Brownell said. 

Infighting among various camps may have taken the debate off track to a direction that does little for developing an economy for sustainable energy.

LOS ANGELES — Four hundred years after it put down roots in what would become Southern California, a giant oak was offered a move Monday to save its life by getting it out of the path of a four-lane road to the latest outpost of suburban sprawl. 

The tree, known as “Old Glory,” has been protected all month by tree-sitter John Quigley, 42, and growing protests by residents in the Santa Clarita area north of Los Angeles since the community learned of plans to cut it down to put the road through. 

Late Monday, Los Angeles County Supervisor Mike Antonovich said he had arranged for the tree to be relocated to an undetermined location as a compromise in the standoff that began Nov. 1 when Quigley climbed high into the oak. 

“This is an opportunity to help the environment and protect public safety,” Antonovich said. He said he did not know when the tree would be moved, but added that “it would probably be done shortly.” 

The supervisor’s proposed solution received a lukewarm reception from Quigley and his supporters in Santa Clarita. Speaking from the branches of the towering tree minutes after Antonovich’s announcement, Quigley termed it a “positive development that he wants to keep the tree alive, but we don’t feel this would accomplish that.” 

According to Quigley, the city arborist from Santa Clarita and other experts believe the massive tree would not survive being uprooted. 

“It will be a sure death sentence for the oak. It’s too big and it’s too old,” Quigley said, adding that the tree is already “stressed” from drought and an earlier trimming. 

But Antonovich dismissed such concerns, saying that the Calabasas-based tree company he has consulted, Valley Crest Cos., has “relocated similar oak trees successfully.” He said the developer of the 279-home subdivision that necessitates the road widening, John Laing Homes of Newport Beach, would foot the bill for relocating the tree, an amount he estimated at $250,000. 

Antonovich said that after spending several hours Monday reviewing the issue with his staff and the deputy director of public works, he concluded that realigning the proposed road to avoid the tree was not feasible. Doing so “would impact on the homes in the area and create serious problems,” he said. 

Quigley asserted that county planners did not adequately investigate every option, including rerouting the road around the tree. He said that Antonovich had not consulted Santa Clarita activists before arranging for the tree to be moved. “They haven’t been talking to us and they really need to,” he said. 

Quigley, a Pacific Palisades resident and veteran of a previous tree-sitting in British Columbia, has spent all but a couple days up in Old Glory this month, drawing sympathy, home-cooked meals and a steady stream of visitors from the community.

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.

School safety, a diverse teaching staff and a clear budget process were among the priorities that 100 community members laid out for the Berkeley Unified School District in a public planning meeting Monday night.  

Now parents say the true test will be whether the district pursues the goals they set at the discussion, which was convened by Superintendent Michele Lawrence. 

“Whether they’re going to implement and take the community seriously – that’s a whole other question,” said Michael Miller, a member of Parents of Children of African Descent and frequent critic of the district. 

“That, in fact, will be the test,” Lawrence agreed. “It’s not just a matter of taking in the opinions.” 

Lawrence said she would lose her “personal credibility” if the administration does not follow through on the district goals set by community, staff and students. 

Karen McKie, a longtime parent activist who attended the Monday night session, said the community has been through planning processes before but has not seen consistent implementation. McKie said she has faith in Lawrence, who took office last year, to make real change. 

“It appears as if [Lawrence] really wants to be here,” said McKie. “She wants to see this vision through.” 

Last year critics said Lawrence and the Board of Education did not do enough to include the public in a painful budget-cutting process. But district leaders argued that they were forced to move quickly on budget cuts because they did not learn the extent of the district’s financial woes until January. The district, which still faces a $3.9 million shortfall despite heavy cuts last year, has pledged to be more inclusive this year. 

Last week Berkeley High School played host to a community meeting, similar to the Monday night session, and Lawrence hopes to set up a goal-setting forum for Berkeley High students before the Christmas holiday. 

The district will combine the results from the community meetings, the student session and an Oct. 14 staff forum to lay out goals for the superintendent and Board of Education. Lawrence hopes to compile all the information by March, when the board will take up the 2003-2004 budget. 

The Monday night meeting took place at Berkeley Alternative High School on Martin Luther King Jr. Way. Participants divided into a series of small groups and, using large pieces of block paper, brainstormed on what the district is doing well and where it needs to improve. 

A series of existing programs received high marks, including the Writer’s Room program, which pairs writing tutors with high school and middle school students, and Berkeley High’s college counseling program. 

But participants also laid out several areas for improvement. In one group, Elena Ronquillo of the East Bay Community Foundation urged the district to “institute a budget process that people can understand.” 

Berkeley Unified replaced its notoriously confusing budget documents with a new, easier-to-understand format this year. The district will have a community meeting, focused on the budget in particular, in early January. 

City Councilmember Linda Maio, one of a handful of elected officials who attended the meeting, said Berkeley needs to better evaluate the effectiveness of city- and district-funded after-school programs. 

Several groups said there is a pressing need for a more diverse teaching staff. Lawrence said the problem is a national one and not unique to Berkeley. She said part of the solution rests with colleges and universities turning out a more diverse cadre of teachers. 

Lawrence said laws forbidding school districts from hiring on the basis of race limit the ability of Berkeley Unified to take pro-active steps. But she said getting the district’s finances in order could serve to attract teachers of all races. 

Contact reporter at scharfenberg@berkeleydailyplanet.net

BAGHDAD, Iraq – The chief U.N. weapons inspectors, wrapping up a critical two-day visit, urged Iraqi officials on Tuesday to look again in their nuclear, chemical and biological “stocks and stores” to ensure they have no weapons-making to report. 

Iraq’s position that it has no weapons of mass destruction “must be convincingly shown by documentation, by evidence,” said Hans Blix, head of the U.N. weapons-hunting team. 

“We don’t think that has yet been convincingly done.” 

Blix and chief U.N. nuclear watchdog Mohamed ElBaradei spoke with reporters after Iraqi officials confirmed they would meet a U.N. deadline and file by Dec. 8 a comprehensive list of nuclear, chemical and biological programs, including any meant to develop weapons. 

The two U.N. officials offered a “light at the end of the tunnel” for Iraq, however, saying that if the Baghdad government cooperates fully with their inspections, they might be able to report in about one year that it has complied with Security Council requirements and U.N. economic sanctions on Iraq should be lifted. 

Blix and ElBaradei, who depart on Wednesday, led advance teams of about two dozen U.N. officials who returned to Baghdad on Monday to resume the weapons inspection program that ended abruptly four years ago. Additional inspectors arrive next Monday, and their first field operations are expected by Nov. 27. 

The latest Security Council resolution calls the inspections a “final opportunity” for Iraq to meet its post-Gulf War obligations to give up any weapons of mass destruction. President Bush has threatened military action if the Iraqis don’t disarm. 

A seven-year inspection regime in the 1990s dismantled Iraq’s nuclear program before it could build a bomb, and destroyed large amounts of chemical and biological weapons and longer-range missiles forbidden by postwar U.N. resolutions. 

But some chemical weapons in particular were believed never destroyed, and U.S. intelligence reports suggest the Iraqis may have rebuilt some weapons programs since the inspectors pulled out in 1998. 

The new Security Council resolution gives the U.N. teams greater powers to inspect Iraqi sites anywhere at any time. 

The most senior official on the Blix-ElBaradei schedule of meetings here was Foreign Minister Naji Sabri. After that session late Tuesday, ElBaradei, director general of the International Atomic Energy Agency, told reporters, “I think we heard from the Iraqi side they will do everything humanly possible to cooperate.” 

Blix said the Iraqis had agreed in their discussions to open a U.N. inspectors office in the northern city of Mosul, and to expand their Baghdad office to accommodate the hundreds of international weapons experts who will come and go in coming months. 

The Swedish ex-diplomat, chairman of the U.N. Monitoring, Verification and Inspection Commission, reaffirmed the importance of Iraq’s upcoming Dec. 8 list. It is the standard by which the international community will judge whether President Saddam Hussein’s government is lying or telling the truth about its interest in the most advanced weapons. 

“We have tried to impress on them that they must look into their stocks and stores and see if there’s something they should declare,” Blix said. 

He then referred to Iraq’s known production of deadly mustard gas in the 1980s. Although those weapons were believed largely destroyed by U.N. teams in the 1990s, some may remain hidden in Iraq. 

“The production of mustard gas is not like the production of marmalade,” Blix said. “You must keep track of what you produced.” 

Earlier, Iraqi presidential adviser Amir al-Saadi, asked by reporters whether Iraq would meet the Dec. 8 deadline, replied: “Yes. Within 30 days (of passage of the U.N. resolution), as the resolution says, a report from Iraq will be submitted on all the files of nuclear, chemical, biological and missile files.” 

But he gave no indication of the likely character of that Iraqi declaration — that is, whether it will contain anything beyond an inventory of Iraqi work in peaceful uses of nuclear, chemical and biological materials. 

Al-Saadi also was asked whether Iraq would grant inspectors unfettered access. 

“Yes,” he said, “as stipulated in the resolution and as we have agreed with them.”

OAKLAND — Two dozen recruits will soon hit the streets as Oakland Police Department officers — one of the first classes to graduate from the police academy since the department instituted reforms in the face of a series of scandals. 

When the recruits graduate from the academy Friday they will enter a force that has been plagued recently with troubles. More than a half dozen police officers have been fired or charged with crimes in recent years. Also, homicides are approaching a five-year high and many residents have a profound distrust of law enforcement. 

The soon-to-be officers say they harbor no illusions about the responsibilities they’ll have, but they all believe a few rookies can help restore the department’s tarnished reputation. 

“I want to be the best of the best,” said recruit Keri-Beth Reeves. “I want to be in the worst area and know I can survive. I want to be the one who’s saving the person that just got shot ... and when that’s over, go get the person that shot them.” 

The most infamous of the police department scandals involves a recent recruit. Three officers who called themselves “the Riders” are currently on trial for charges of framing or beating West Oakland residents. The charges are based on allegations from rookie Officer Keith Batt, who later resigned and is now a Pleasanton police officer. 

“(Batt) is more courageous than anybody I’ve ever known,” Lt. Jeffrey Loman, the training section commander, told the San Francisco Chronicle. “But the fact that he didn’t feel comfortable staying, means we failed.” 

Creating an environment where a whistle-blower could feel safe is one of the academy’s long-term challenges, and possibly its most important one, according to police watchdog groups. 

Police academy reforms nearly quadrupled the number of hours devoted to classes in history, professionalism and ethics. The hours allotted to community relations also were increased. Now recruits spend 1,090 hours in the academy, even though the state only requires 672. 

Training for the recruits began six months ago with classroom and field training in everything from sex crimes to domestic violence and gang awareness to racial profiling. About one in four trainees flunks, quits or is asked to leave the class.

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.