After more than four months of intensive organizing efforts, Berkeley Bowl workers rejected unionization effort in a National Labor Relations Board (NLRB)-supervised election Thursday.  

The final tally was 119 to 70. 

Many of the union advocates who weren’t working when the results were announced left the store in shock, gathering outside as the news sunk in. 

“I’m not beat down over this,” said Kevin Meyer, one of the most involved pro-union employees. “We’ve done good work.” 

Lea Hyke, the Berkeley Bowl’s Human Resource business partner, said she thought the vote was an accurate appraisal of the sentiment among employees. 

“While I don’t think we’ve been the best employer, we’re trying to work with employees,” she said. “I really think that the employees feel that the company is doing its best to take care of them.” 

Meyer and others union supporters attributed their defeat to a strong anti-union campaign. 

“I definitely think that if we had voted two weeks ago before their campaign I think it would have been different,” he said. 

Before the decision to file for an election, the union had signed up 70 percent of the employees on union authorization cards. They said the steep decline in support could only have come from the company’s campaign.  

Meyer said he isn’t going to walk away and hopes the store pursues the changes it has promised employees. 

“If they want me to make the store a better place I’m willing to do it,” he said. 

The announcement of the vote came the end of a day that for many had been characterized by nail-biting tension. Even though it was her day off, pro-union employee Cory Abshear arrived at the store at 6 a.m. and sat outside talking to employees or raced around town to track employees down and ensure they voted.  

The day began with the pro-union side challenging the anti-union side’s choice for election observer. Meyer and Eric Freezell, the pro-union election observers, arrived with Abshear in the morning and met with the National Labor Relations Board representative, lawyers from each side and anti-union observer David Craibe to ensure that everyone was clear about the voting process. They immediately challenged Craibe, saying they disagreed with his classification as a non-supervisor. 

Meyer said that Craibe closes the store on Sundays, the store’s busiest day, which is a duty performed by a supervisor. He also said he had recently been reprimanded by Craibe during one of his shifts. 

In a NLRB election only employees, not supervisors or managers, are eligible to vote, and one of the distinctions that defines a supervisor/manager is the ability to discipline employees. 

The NLRB agreed with the challenge and Craibe was replaced by Kai Huey, the head of the store’s accounting department. 

During the vote both Meyer and Freezell, switching off as pro-union observers, challenged more than 20 of the votes, claiming they were cast by supervisors. They said that over the past few weeks as part of the store’s anti-union campaign, many store and department supervisors had been demoted to make them eligible to vote and increase the anti-union numbers. 

“Everyone I challenged was a supervisor,” said Meyer. “I had no question about it.” 

He said one of those voting still had “supervisor” on his nametag and the tags of several other still bore the glue where the label “supervisor” had appeared only two days ago. 

A high point came for the pro-union side when Arturo Perez walked in and cast his ballot. Perez, one of the most outspoken supporters of the drive, was fired more than a month ago for what the store said were legitimate reasons but what organizers said was an attempt to silence him. 

Perez challenged the dismissal, and his case is pending—which meant that he was still affiliated with the store and thus eligible to vote. 

After the totals were announce Perez had to hold back tears and could only look at the store with frustration.  

“I’m going to win my case,” he said. “But I’m not going to go back. They don’t deserve people like me working for them to make them richer.”

FRIDAY, OCT. 31 

“East Asia at Berkeley” a series of panel discussions covering historical, political and cultural topics, through Sunday, Nov. 2 at the Faculty Club, UC Campus. For program information see http://ieas.berkeley.edu/aab 

Overeaters Anonymous meets every Friday at 1:30 p.m. at the Northbrae Church at Solano and The Alameda. Parking is free and is handicapped accessible. 525-5231. 

SATURDAY, NOV. 1 

East Bay Wetlands Restoration Join us for our regular drop-in volunteer days at Arrowhead Marsh, for a chance to learn about the ecology of the Bay and see some of the last remaining wetland habitat in the East Bay. We will be planting for the native plant project. Gloves, tools and snacks are provided. Please dress in layers and bring sunscreen and water. All ages and physical abilities are welcome. Please RSVP groups with 10 or more. Held from 9 a.m. to 12:30 p.m. at the Martin Luther King, Jr. Regional Shoreline, Oakland. 452-9261.  

Native Plant Walk in Huckleberry Park Meet at Ashby BART, east side entrance to carpool at 12:40 sharp, or at Huckleberry Parking Lot at 1 p.m. Heavy rain cancels. $10 suggested donation. 658-9178.  

Carnivorous Plants Workshop Learn how to create a carnivorous plant bog garden with horticulturist Judith Finn. Participants can buy a kit at the workshop. From 10 a.m. to noon at the Botanical Garden, 200 Centennial Drive. Cost is $25-$35 and reservations required. 643-2755. garden@uclink.berkeley.edu 

Fall Permaculture: Native Plant Propagation Bring back the natives to your yard and soon the butterflies, bees and other native insects will follow. We’ll also cover how to set up a nursery. Any rain cancels. Held from 10 a.m. to 1 p.m. at Wildheart Gardens, 463 61st Street, at Telegraph. $10 Ecology Center members, $15 others, no one turned away. 548-2220, ext. 233.  

The Changing Face of Downtown Berkeley Historical Society tour, begins at 10 a.m. meeting at the north-west corner of Grant and University. Reservations and a donation of $8 required. Please make check payable to Berkeley Historical Society, and mail it to P.O. Box 1190, Berkeley, CA 94701-1190. 848-0181. 

Behind the Scenes at the Hearst Museum and Bancroft Library Berkeley Historical Society tour, from 2 to 4 p.m. Reservations and a donation of $8 required. Please make check payable to Berkeley Historical Society, and mail it to P.O. Box 1190, Berkeley, CA 94701-1190. 848-0181. 

Lead-Safe Painting and Remodeling Class, taught by staff from the Alameda County Lead Poisoning Prevention Program, this course offers simple solutions property owners can use to safely repair and renovate their homes. Held from 9 to 11 a.m. at the ACLPPP Training Center, 1017 - 22nd Ave, Suite #110, Oakland. Free to homeowners, landlords, and maintenance crews of pre-1978 residential properties in Alameda, Berkeley, Emeryville, or Oakland. For information call 567-8280. www.aclppp.org/homeown 

Home Buyer Education Seminar, with Lois Kadosh, who will cover what you should know before you buy. This free event will be held from 10 a.m. to 1 p.m. at the Berkeley Association of Realtors auditorium at 1553 Martin Luther King Jr. Way at Cedar St. Reservations can be made by calling Daniel at 528-3400.  

Show Ya Stuff B-Ball Classic, for 10 and under through 14 and under teams. Held Sat. and Sun. at Portola Middle School in El Cerrito. For more information call 978-6585 or email twoniknik@yahoo.com 

Transforming Anger Workshop with Leonard Scheff from 1:30 to 4:30 p.m. at Elephant Pharmacy, 1607 Shattuck Ave. 525-3948. www.transforminganger.com 

Making Room for Balance, a meditation and daily practice workshop from 9 a.m. to 3 p.m. at the Tibetan Nyingma Institute, 1815 Highland Place. Wheelchair accessible. Cost is $65, scholarships available, lunch included. 843-6812.  

Pet Adoptions, sponsored by Home at Last, from noon to 5 p.m., Hearst and 4th St. 548-9223. 

Sick Plant Clinic is offered by the Botanical Garden, 200 Centennial Drive, from 9 a.m. to noon. Free. 643-2755. 

Car Wash Benefit for Options Recovery Services of Berkeley, held every Sat. from 9 a.m. to 2 p.m. at the Lutheran Church, 1744 University Ave. 666-9552. 

SUNDAY, NOV. 2 

Dennis Kucinich, Democratic Candidate for President, in a town hall meeting, from 3 to 4:30 p.m. at Taylor Memorial Methodist Church, 1188 12th St., Oakand, followed by a fundraiser from 5 to 8 p.m. with Rep. Barbara Lee and Danny Glover at Zazoo’s, 15 Embarcadero West, Oakland. 415-927-2004, ext. 33. 

Free Sailboat Rides between 1 and 4 p.m. with the Cal Sailing Club. Bring warm waterproof clothes and come to the Berkeley Marina. For more information call 287-5905. www.calsailing.org 

Mysticism/Tibetan Buddhism Lama Ando on “Teachings and Stories from a Tibetan Mystic,” at 6 p.m. at the Tibetan Nyingma Institute, 1815 Highland Pl. 843-6812. www.nyingmainstitute.com 

Single Parent Family Picnic, from 2 to 5 p.m. at Congregation Beth El, 2301 Vine St. No charge, donations accepted. 848-3988, ext. 26. 

MONDAY, NOV. 3 

Fish: Eating Right for the Environment Serena Spring of Monterey Bay Aquarium’s Seafood Watch program will talk about choosing seafood that is good for you and the oceans also, at 7 p.m. at Albany Community Center, 1249 Marin. Sponsored by Friends of Five Creeks. 848-9358. 

The National Organization for Women, Oakland/East Bay Chapter, will hold its monthly meeting from 6 to 8 p.m. in the Boardroom, Oakland YWCA, 1515 Webster St. Valerie Edwards from the UC School of Social Welfare will discuss diversity. 287-8948. 

Berkeley Ecological and Safe Transportation Coalition General Meeting at 6 p.m. at Berkeley Public Library, Meeting Room B, 3rd floor, 2090 Kittredge. imgreen03@comcast.net  

“Deconstructing Democracy: Israel, Palestine and the Middle East” with Dr. Yossi Beilin, one of the architects of the Oslo peace process and former member of the Israeli Knesset at 7:30 p.m. at 2060 Valley Life Sciences Bldg. UC Campus. Sponsored by Berkeley Hillel, UC Center for Middle East Studies, and Tzedek. www.berkeleyhillel.org 

Berkeley Biodiesel Cooperative Orientation at 7:30 p.m. Some technical questions can be answered. Call for location. 594-4000, ext. 777, berkeleybiodiesel@yahoo.com  

Berkeley CopWatch organizational meeting at 6 p.m. at 2022 Blake St. Join us to work on current issues around police misconduct. Volunteers needed. For information call 548-0425. 

TUESDAY, NOV. 4 

“Begging Children: Their Hope, Their Future” with Abdoulaye Tall, Claude Ake Scholar from Senegal, at 4 p.m. in 652 Barrows Hall, UC Campus. Sponsored by the Center for African Studies. 642-8338. asc@uclink.berkeley.edu 

Berkeley Community Fund Celebrates Community Leaders at an awards dinner at 6 p.m. Hs Lordship’s, 199 Seawall Drive, Berkeley Marina. Tickets are $45 and may be purchased by calling 525-5272. 

Tuesday Tilden Walkers We are a few slowpoke seniors who walk between a mile or two each Tuesday, meeting at 9:30 a.m. in the Little Farm parking lot. To join us, call 215-7672. 

St. John’s Prime Timers meets at 9:30 a.m. at St. John’s Presbyterian Church, 2727 College Ave. Flu shots will be given by the Berkeley Health Dept. We offer ongoing classes in exercise and creative arts, and always welcome new members over 50. 845-6830. 

Berkeley Camera Club meets at 7:30 p.m., at the Northbrae Community Church, 941 The Alameda. Share your slides and prints and learn what other photographers are doing. Monthly field trips. 525-3565. www.berkeleycameraclub.org 

Morris Dancing Workshop Learn the basics of an English ritual dance form that predates Shakespeare. Free and open to all. From 7:30 to 9:30 p.m. at Grace North Church, 2138 Cedar St. at Oxford. www.talamasca.com/berkmorris 

WEDNESDAY, NOV. 5 

Meetup for Howard Dean at 7 p.m. at three Berkeley locations: Au Coquelet, 2000 University Ave.; Raleigh's (Generation Dean youth meeting), 2438 Telegraph Ave.; and Sweet Basil Thai Restaurant, 1736 Solano Ave. Free. Wheelchair accessible. 843-8724. 

Building a Portfolio, learn how to shoot slides of your artwork, matte and present your artwork, and write an artist statement, with Timothy Phelan, Wed. Nov. 5,12 and 19, from 7:30 to 9:30 p.m. at the Berkeley Art Center, 1275 Walnut St. Cost is $45. For information call 644-6893. 

“Hepatitis C and Traditional Chinese Medicine” with Tatyana Ryevzina, L.Ac., MS, at 5:30 p.m. at Pharmaca Integrative, 1744 Solano Ave. 

“The Religious Imagination,” a talk by The Very Rev. Alan Jones, Dean of Grace Cathedral, with particular emphasis on the role of poetry in religion, at 7:30 p.m. at All Souls Episcopal Church, 2220 Cedar St. 848-1755.  

“Exploring the Heart in Judaism and Jewish Spirituality,” with Ron Bedrick, Wednesdays, Nov. 5, 12, 19 and Dec. 3, from 7:30 to 9 p.m. at the Berkeley Richmond Jewish Communiity Center, 1414 Walnut St. Cost is $35 BRJCC members, $40 public. To register call 848-0237, ext. 112 or email info@brjcc.org 

“Through the Gates of the Alhambra: Revisiting the Question of Islam and Pluralism,” with Dr. S. Nomanul Haq, a Muslim scholar who holds appointments in both the history of art and in Asian and Midddle East Studies at the University of Pennsylvania, at 7 p.m. in the Dinner Boardroom at the GTU Hewlett Library, preceded by a reception at the Badè Museum at PSR, at 5:30 pm. 649-2440.  

“Beyond Words: An Interfaith Ritual for Peace” at 8:30 pm, in the University Christian Church, 2401 Le Conte. The ritual incorporates movements and chant forms from Judaism, Christianity, Islam, Buddhism and Hinduism. Sponsored by the GTU's Center for the Arts, Religion and Education (CARE) and designed with Omega West Dance Company, under the direction of PSR's Carla DeSola. For more information, contact Joan Carter at joanlcarter@aol.com or Carla DeSola at carlart@mindspring.com 

North Berkeley Senior Center Advisory Center Council meets at 10 a.m. 981-5190. 

Fun with Acting class meets at 11 a.m. at the North Berkeley Senior Center. Free, all are welcome. 985-0373. 

Berkeley Peace Walk and Vigil at the Berkeley BART Station, corner of Shattuck and Center. Vigil at 6:30 p.m. followed by Peace Walk at 7 p.m. www.geocities. 

com/vigil4peace/vigil 

Prose Writers Workshop We're a serious but lively bunch whose focus is on issues of craft. Novices welcome. Experienced facilitator. Community sponsored, no fee. Meets 7 to 9 p.m. at the Jewish Community Center, 1414 Walnut, at Rose. For information call 524-3034. 

Community Dances, traditional English and American dances, 8 p.m. every Wednesday, $9. 7 p.m. first Sunday, $10. Grace North Church, 2138 Cedar St. 233-5065. www.bacds.org 

Free Feldenkrais ATM Classes for adults 55 and older at 10:30 and 11:45 a.m. at the Jewish Community Center, 1414 Walnut at Rose. For information call 848-0237.  

Berkeley CopWatch open office hours 7 to 9 p.m. Drop in to file complaints, assistance available. For information call 548-0425. 

Berkeley Communicators Toastmasters meets the first and third Wednesdays of the month at 7:15 a.m. at Hide-A-Way Café, 6430 Telegraph Ave. For information call Fred Garvey, 925-682-1111, ext. 164. 

THURSDAY, NOV. 6 

“Elections and the Media: From Florida to California and on to 2004” with BBC investigative journalist, Greg Palast, at 7 p.m. at King Middle School, 1781 Rose St. Tickets cost $10 and are available from 415-546-6334 ext. 300. www.media-alliance.org 

Ethnic Migrations to West Berkeley with Sonia Carriedo on immigration from the Mexican village of Chavinda, and Willie Phillips on African Americans in West Berkeley, at 7:30 p.m. at the Ethiopian Orthodox Church, 926 Hearst, at 8th St. Part of a lecture series commemorating the 150th anniversary of the beginning of Ocean View, Berkeley’s early settlement village. Tickets are $10, no one turned away for lack of funds. 841-8562. bahaworks@yahoo.com 

Government Information and Participation, a workshop on how to use the City of Berkeley website and obtain information, from 7 to 8:30 p.m. in the Central Library, 3rd Floor Electronic Classroom. Sponsored by the City Clerk Dept. 981-6900.  

Best Hikes in the Bay Area, a slide presentation and talk by Linda Hamilton at 7 p.m. at REI, 1338 San Pablo Ave. 527-4140. 

“We Interrupt This Empire” a collaborative work by Bay Area video activists providing a critique of the corporate media coverage of the Iraq war, at 7:30 p.m. at Berkeley Fellowship, 1924 Cedar at Bonita. A benefit for the Pastors for Peace Caravan to Chiapas and Central America. 527-2522. 

“Deceptions and Cover-Ups: Fragments from the War on Terror” film showing, “Palestine is Still the Issue” at 6:30 p.m. in the Main Meeting Room of the Berkeley Central Public Library, 2090 Kittredge. Co-sponsored by Berkeley Peace Walk & Vigil. www.geocities. 

com/vigil4peace/vigil.html  

Scenic Photography Seminar with award-winning Bay Area freelance photographer Gary Crabbe at 7:30 p.m. at Easy Going Travel Shop & Bookstore, 1385 Shattuck Ave at Rose. Cost is $20, pre-register to save a seat. 843-3533.  

“Uncovering Ancient Kabbalistic Treasures for Creating Success Now” with Jill Lebeau and Joy Thomas at 7:30 p.m. at the Berkeley Richmond Jewish Community Center, 1414 Walnut St. Cost is $10 general, $8 BRJCC members. To register call 848-0237, ext. 112 or email info@brjcc.org  

“Martin Luther and Shinran: The Presence of Christ in Justification and Salvation in a Buddhist-Christian Context,” with Dr. Paul Chung, lecturer in theology and Asian spirituality at 7 p.m. in the Chapel of the Cross, Pacific Lutheran Theological Seminary, 2770 Marin Ave. For more information call 559-2731. 

“Prostate Cancer: Prevention and Intervention Strategies” with Daniel Herman, at 7 p.m. at Berkeley Natural Grocery, 1336 Gilman St. 526-2456. 

UC Botanical Garden Docent Training at 9:30 a.m. to 12:30 p.m. Fee and registration required. 643-1924. 

Berkeley Liberation Radio 104.1 FM holds public meetings for all interested people first and third Thursdays, 7 p.m. at the Long Haul Info Shop, 3124 Shattuck Ave. 595-0190. 

St. John's Prime Timers Tap Dancing class meets on Thursday mornings at 9:15 a.m. at St. John's Presbyterian Church at 2717 Garber St. Gil Chun, well-known Berkeley dance teacher is the instructor. Class is free and open to anyone over 50. 527-0167. 

ONGOING 

Free Energy Bill Payment Assistance The City of Berkeley has money to help low-income households pay their gas and electric bills. For applications contact the Energy Office at 644-8544. TDD: 981-6903. www.ci.berkeley.ca.us/energy 

International Circle K Awareness Week, Nov. 2 - 8. Students are invited to join a week of service. Look for the table on Upper Sproul, UC Campus. For informtaion call 849-1963. cki-publicrelations@uclink.berkeley.edu 

Acting and Storytelling Classes for Seniors, offered by Stagebridge. Wednesdays and Fridays, at 10 a.m. and 1 p.m. at Arts First Oakland, 2501 Harrison St., close to BART and AC Transit. 444-4755. www.stagebridge.org 

CITY MEETINGS 

Berkeley Rent Stabilization Board meets Mon., Nov. 3, at 7 p.m., in City Council Chambers, Pam Wyche, 644-6128 ext. 113. www.ci.berkeley.ca.us/rent 

Landmarks Preservation Commission meets Mon., Nov. 3, 7:30 p.m., at the North Berkeley Senior Center. Gisele Sorensen, 981-7419. www.ci.berkeley.ca.us/ 

commissions/landmarks 

Peace and Justice Commission meets Mon., Nov. 3, at 7 p.m., at the North Berkeley Senior Center. Manuel Hector, 981-5510. www.ci.berkeley.ca.us/ 

commissions/peaceandjustice 

Youth Commission meets Mon., Nov. 3, at 6:30 p.m., at 1730 Oregon St. Philip Harper-Cotton, 981-6670. www.ci.ber- 

keley.ca.us/commissions/youth 

City Council meets Tues., Nov. 4, at 7 p.m., with a Special Meeting at 5 p.m. in City Council Chambers, Sherry M. Kelly, city clerk, 981-6900. www.ci.berkeley.ca.us/citycouncil 

Commission on the Status of Women meets Wed., Nov. 5, at 7:30 p.m., at the North Berkeley Senior Center. Ruby Primus, 981-5106. www.ci.ber- 

keley.ca.us/commissions/women 

Fire Safety Commission meets Wed., Nov. 5, at 7:30 p.m. at the Emergency Operations Center, 997 Cedar St. David Orth, 981-5502. www.ci.berkeley.ca. 

us/commissions/firesafety 

School Board meets Wed. Nov. 5 at 7:30 p.m., in the City Council Chambers. Queen Graham 644-6147 or Mark Coplan 644-6320. 

Community Environmental Advisory Commission meets Thurs., Nov. 6, at 7 p.m., at 2118 Milvia St. Nabil Al-Hadithy, 981-7461. www.ci.berkeley.ca. 

us/commissions/environmentaladvisory 

Housing Advisory Commission meets Thurs., Nov. 6 at 7:30 p.m., at the South Berkeley Senior Center. Oscar Sung, 981-5410. www.ci.berkeley. 

ca.us/commissions/housing 

Public Works Commission meets Thurs., Nov. 6, at 7 p.m., at the North Berkeley Senior Center. Jeff Egeberg, 981-6406. www.ci.berkeley.ca.us/commissions/publicworks

FRIDAY, OCT. 31 

CHILDREN 

Halloween Shadow Puppetry Workshop with the Balinese group, ShadowLight, from 4 to 6 p.m. at Julia Morgan Theater. Cost is $5-$15 sliding scale. www.juliamorgan.org 

Halloween Costume Storytime with readings from Halloween stories, songs and shadow puppets, at 10:30 a.m. at Barnes and Noble.  

THEATER 

The Un-Scripted Theater Company, “Fear” a full-length thriller, no two shows are the same, at 8 p.m. at La Val’s Subterranean, 1834 Euclid Ave. Tickets are $7-$10. 415-869-5384. www.unscripted.com 

Larry Reed, ShadowLight Productions with Gamelan Sekar Jaya Shadow Theatre perform “Wayang Bali: Danger- 

ous Flowers” at 8 p.m. at the Julia Morgan Center for the Arts. Tickets are $7-$15 and are available from 925-798-1300. 

FILM 

Genetic Screenings: “The Fly” at 7:30 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

Michael Dirda introduces his memoir, “An Open Book,” at 7:30 p.m. at Cody’s Books.  

845-7852. www.codysbooks.com 

Jonathan Stroud reads from his new novel, “The Amulet of Samarkand,” at 7 p.m. at  

Cody’s Books, 1730 Fourth St. 559-9500. www.codysbooks.com 

MUSIC AND DANCE 

California Bach Society, Arvo Paert: Kanon Pokajanen, at 8 p.m. at St. Mark’s Episcopal Church. Tickets are $12-$25, and are available from 415-262-0272 or tickets@calbach.org 

Cloud Gate Dance Theater of Taiwan at 8 p.m. at Zellerbach Hall, UC Campus. Tickets are $26-$46, and are available from 642-9988. www.calperfs.berkeley.edu  

Halloween Party with The Vesuvians at 9:30 p.m. at Ashkenez. Cost is $13. 525-5054. www.ashkenaz.com 

“Strictly Skillz,” a celebration of Hip Hop in its purest forms at 9 p.m. at La Peña Cultural Center. Cost is $10. 849-2568. www.lapena.org 

Halloween Havoc Costume Contest with 7th Direction, Grasshoppers, and Pocket at 9:30 p.m. at The Starry Plough. Cost is $5 at the door, $3 if in costume. 841-2082.  

www.starryploughpub.com  

Danny Caron and Friends at 9:30 p.m. at Downtown. 649-3810. 

Leftover Dreams with Tony Marcus and Patrice Haan perform music from the great American songbook at 8 p.m. at Freight and Salvage. Cost is $15.50 in advance, $16.50 at the door. 548-1761.  

www.freightandsalvage.org 

Aphrodesia, at 8 p.m. at Jupiter. 848-8277. 

Babyland, Plan 9, John Baker and the Malnourished, Ashtray at 8 p.m. at 924 Gilman St. Cost is $5. 525-9926. 

Sterling Dervish at 9:30 p.m. at Beckett’s Irish Pub, 2271 Shattuck Ave. 647-1790. www.beckettsirishpub.com 

SATURDAY, NOV. 1 

CHILDREN  

Los Amiguitos de La Peña with Betsy Rose at 10:30 a.m. at La Peña. Cost is $4 for adults, $3 for children. 849-2568. www.lapena.org 

Hillside Players, “Tangled Tales: Wishes, Witches and Weddings,” favorite fairy tales intertwined with comedy, at 7 p.m. Tickets are $4-7. 2286 Cedar St. 384-6418. 

“The Wonderful World of Zaal,” a Persian legend, performed by Word For Word, at 10:30 a.m. at the Central Library, 2090 Kittredge. The free program is sponsored by the Friends of the Berkeley Public Library. 981-6224.  

THEATER 

Larry Reed, ShadowLight Productions with Gamelan Sekar Jaya Shadow Theatre See listing for Oct. 31. 

The Un-Scripted Theater Company, “Fear” See listing for Oct. 31. 

FILM 

Berkeley Video and Film Festival, featuring independent producers from Cuba to Berkeley, with documentaries, short features, comedies, and experimental works. From noon to 11 p.m. in Wheeler Auditorium, UC Campus. Tickets are $8-$10 for one day, $14-$18 for both days. For a listing of films see www.berkeleyvideofilmfest.org 

“Down by Law” with Tom Waits, Roberto Benigni, John Lurie and Ellen Barkin, at 8 p.m. at the Long Haul, 3124 Shattuck Ave. Wheelchair accessible. 540-0751. www.thelonghaul.org 

Anime: “Space Firebird 2772” at 4 p.m., “Only Yesterday” at 7 p.m. and “Black Jack” at 9:45 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

Dao Strom, author of “Grass Roof, Tin Roof” in solo concert and reading at Berkeley Public Library’s Central Community Room at 2 p.m. 981-6100. 

Brian Alexander introduces “Rapture: How Biotech Became the New Religion” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com 

“A Land Twice Promised” with award winning storyteller Noa Baum, at 7:30 p.m. at the Jewish Community Center, 1414 Walnut St. Cost is $7-$10. 839-2900 ext. 256.  

Three Western Voices: Utah Phillips, Paul Foreman and Pack Browning read from their poetry in a benefit for the Berkeley Foundation for the Arts and ACCI Gallery at 8 p.m. at ACCI Gallery, 1652 Shattuck. Suggested donation $10. 843-2527. www.accigallery.com 

Improvised Comedy, at 8 p.m. at Cafe Eclectica 1309 Solano Ave., Albany. Cost is $5. 964-0571. www.eastbayimprov.com 

MUSIC AND DANCE 

Flauti Diversi, “Follow the Lieder,” a program of rhapsodic instrumental music from 18th and 20th century Germany, at 8 p.m. at St. Alban’s Episcopal Church, 1501 Washington St. Albany. Tickets are $15-$18, reservations recommended. 527-9840. 

Trinity Chamber Concerts Kazuko Cleary, solo piano, performs Mozart, Beethoven, Chopin and Takemitsu at 8 p.m. at Trinity Chapel, 2320 Dana St. Admission by donation, $12 general, $8 students, senoirs, disabled. No one turned away. 549-3864. 

Academy of Ancient Music, with Richard Egarr, soloist, perform harpsichord concertos by Bach at 8 p.m. at First Congregational Church. 2345 Channing Way. Pre-concert talk at 7 p.m. Tickets are $42 and available from 642-9988.  

Cloud Gate Dance Theater of Taiwan at 8 p.m. at Zellerbach Hall, UC Campus. Tickets are $26-$46, and are available from 642-9988. www.calperfs.berkeley.edu  

Groundation, reggae classics with band originals at 9:30 p.m. at Ashkenaz. Cost is $12. 525-5054. www.ashkenaz.com 

Tempest at 9:30 p.m. at The Starry Plough. Cost is $10. 841-2082. www.starryploughpub.com 

Wataka Ensemble performs Afro-Venezuelan music at 8 p.m. at The Jazz House. Sliding scale donation of $8-$15 suggested. 649-8744. www.the 

jazzhouse.org 

Patrick Ball, Celtic harper, at 8 p.m. at Freight and Salvage. Cost is $16.50 in advance, $17.50 at the door. 548-1761. www.freightandsalvage.org 

The Original Intentions perform reggae, roots, soul at the 1923 Teahouse at 8 p.m. Suggested donation of $7-$15. 644-2204. www.epicarts.org 

Brian Melvin at 8:30 p.m. at Downtown. 649-3810. 

Deadfall, Brain Failure, Hang on the Box, Love Songs perform at 8 p.m. at 924 Gilman St. Cost is $5. 525-9926. 

Nicole McRory at 9:30 p.m. at Beckett’s Irish Pub, 2271 Shattuck Ave. 647-1790. www.beckettsirishpub.com 

Post Junk Trio at 8 p.m. at Jupiter. 848-8277. 

SUNDAY, NOV. 2 

CHILDREN 

Hillside Players, “Tangled Tales: Wishes, Witches and Weddings,” at 2 and 7 p.m. See listing for Nov. 1. 

THEATER 

Larry Reed, ShadowLight Productions with Gamelan Sekar Jaya Shadow Theatre at 2 and 8 p.m. See listing for Oct. 31. 

FILM 

Berkeley Video and Film Festival See listing for Nov. 1. For a listing of films see www.berkeleyvideofilmfest.org 

“Something in the Air” Helvacio Ratton’s story of Brazil’s first clandestine radio station, in Portugese with English subtitles, at 7 p.m. at La Peña. A benefit for indigenous community radio stations. Suggested donation $5-$15. 849-2568. www.lapena.org 

Anime: “The Cat Returns” at 3:30 p.m. and “Nausicaä of the Valley of the Wind” at 7 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

Guided Tour: Gene(sis): Contemporary Art Explores Human Genomics, at 2 p.m., Berkeley Art Museum, 2626 Bancroft Way. 642-0808. www.bampfa.berkeley.edu 

Poetry Flash with Frank Lauria and friends at 7:30 p.m. at Cody’s Books. Donation $2. 845-7852. www.codysbooks.com 

Heather Woodbury will read from “What Ever: A Living Novel” at 4 p.m. at Diesel Bookstore, 5433 College Ave. 653-9965.  

MUSIC AND DANCE 

Gabriel Faure’s “Requiem” Mass at the 10 a.m. service at All Souls Episcopal Church, 2220 Cedar St. With Cheryl Keller, soprano, Paul Thompson, bass, and 1893 orchestration. 848-1755. 

Grupo Andanza presents “Antologia,” an evening of Spanish opera and dance, at 8 p.m. at Julia Morgan Center for the Arts. Tickets are $18-$20 and are avaiable from 925-798-1300. www.juliamorgan.org 

Chamber Music Sundaes, San Francisco Symphony musicians and friends perform at 3:15 p.m. at St John's Presbyterian Church, 2727 College Ave. Tickets are $7-$18 and are available at the door. 415-584-5946. 

Richard Troeger in a clavichord performance on an instrument by Andrew Lagerquist, including works by Josef Haydn, Mozart and CPE Bach, at 5 p.m. at MusicSources, 1840 Marin at The Alameda. Cost is $15-$18. 528-1685. 

Wynton Marsalis Quintet at 7 p.m. at Zellerbach Hall, UC Campus. Tickets are $30-$62. 642-9988. www.calperfs.berkeley.edu 

Live Oak Concert with Solstice, female a cappella sextet, at 7:30 p.m. at the Berkeley Art Center. Tickets are $8-$10. 644-6893. www.berkeleyartcenter.org 

Michael Evans, percussionist, multi-instrumentalist and composer, and Karen Stackpole, at 8 p.m. at The Jazz House. Sliding scale donation $6-$15. 649-8744. www.thejazzhouse.org 

UC Folk Dancers Reunion from 2 to 6 p.m. at Ashkenaz. Sponsored by the International Order of Aging But Still Game Folkdancers. Bring something to share: food, drink, photos and memories, Ace bandages. 524-2193.  

Rastafari Celebration of 73rd Anniversary of the Coronation of Haile Sellassie and Empress Menen at 8 p.m. at Ashkenaz. Cost is $10. 525-5054. www.ashkenaz.com 

Forward Kwenda with Erica Azim, Zimbabwe mbira master at 8 p.m. at Freight and Salvage. Cost is $16.50 in advance, $17.50 at the door. 548-1761. www.freightandsalvage.org 

Art Lande, solos, duos and trios with Bruce Williamson and Andre Bush at 4:30 p.m. at the Jazzschool. Cost is $12-$18. 845-5373. www.jazzschool.com 

Box Set Duo, Gypsy Soul at 6 p.m. at Hillside Community Church, 1422 Navellier St., El Cerrito. Tickets are $15 and are available from www.new- 

thoughtunity.org 

MONDAY, NOV. 3 

READINGS AND LECTURES 

Last Word Poetry Series presents Julia Vinograd and Steve Arntsen from 7 to 9 p.m. at Pegasus Bookstore, 2349 Shattuck Ave.  

Peter Balakian describes “The Burning Tigris: The Armenian Genocide and America’s Res- 

ponse,” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com 

Poetry Express, featuring Karen Pojmann and open mic from 7 to 9:30 p.m., at Priya Restaurant, 2072 San Pablo Ave. berkeleypoetryexpress@yahoo.com 

MUSIC AND DANCE 

Ron Stewart, Roland White, Jim Hurst, Missy Raines and Bill Evans, bluegrass masters, at 8 p.m. at Freight and Salvage. Cost is $17.50 in advance, $18.50 at the door. 548-1761. www.freightandsalvage.org 

TUESDAY, NOV. 4 

READINGS AND LECTURES 

“Spirituality in Opera,” a talk by Kip Cranna, musical administrator of the San Francisco Opera at 7:30 p.m. at All Souls Episcopal Church, 2220 Cedar St. 848-1755. 

Leonard Shalin talks about “Sex, Time and Power: How Women’s Sexuality Shaped Human Evolution,” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com 

MUSIC AND DANCE 

Anoush, music of Greece, Macedonia and Armenia at 8:30 p.m. at Ashkenaz. Balkan dance lesson with Lise Liepman at 7:30 p.m. Cost is $9. 525-5054. www.ashkenaz.com 

Dayna Stephens House Jam at The Jazz House. Donation $5. 649-8744. www.thejazzhouse.com 

Mimi Fox, solo guitar, at 8 p.m. at Downtown. 649-3810. 

WEDNESDAY, NOV. 5  

EXHIBITION OPENINGS 

“Awakening: Buddhist Paintings from Tibet, China and Japan” opens at the Berkeley Art Museum, 2626 Bancroft Way. Gallery is open Wed.-Sun. 11 a.m. to 5 p.m., Thurs. to 7 p.m. 642-0808. 

FILM 

Standby: No Technical Difficulties, Program 1 at 7:30 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

Gregory Maguire introduces his new novel, “Mirror, Mirror,” and interpretation of the Snow White tale, at 7:30 p.m. at Cody’s Books. 845-7852.  

www.codysbooks.com 

D. A. Miller presents “Jane Austen, or the Secret of Style” at 5:30 p.m. University Press Books, 2430 Bancroft Way. 548-0585.  

Phil Cousineau will offer a multimedia presentation of his new book, “The Olympic Odyssey: Rekindling the True Spirit of the Great Games,” at 7:30 p.m. at Black Oak Books. 486-0698. www.blackoakbooks.com 

Robert A. Scott will show slides and talk about his new book “The Gothic Enterprise: A Guide to Understanding the Medieval Cathedral” at 7:30 p.m. at Easy Going Travel Shop & Bookstore, 1385 Shattuck Ave at Rose. 843-3533. 

Berkeley Poetry Slam with Nazelah Jamison and Karen Ladson at 8:30 p.m. at The Starry Plough. Cost is $7, $5 with student i.d. 841-2082. www.starryploughpub.com 

MUSIC AND DANCE 

Noon Concert New Berkeley Compostions at International House, at the corner of Bancroft and Piedmont Aves. Admission is free. 642-4864. 

Eliza Gilkyson, folk rock originals, at 8 p.m. at Freight and Salvage. Cost is $15.50 in advance, $16.50 at the door. 548-1761. www.freightand- 

salvage.org 

Shaman Trance Dance with Lotus Tribal Fusion Belly Dance Performers and DJ Amar at 9 p.m. at Ashkenaz. Cost is $6-$10, sliding scale. 525-5054. www.ashkenaz.com 

Nathan Clevenger, composer of new music and modern jazz at 8 p.m. at The Jazz House. Sliding scale donation $8-$15. 649-8744. www.thejazzhouse.com 

Nicole McRory at 9:30 p.m. at Beckett’s Irish Pub, 2271 Shattuck Ave. 647-1790. www.beckettsirishpub.com 

Jules Broussard, Bing Nathan and Ned Boynton at 8 p.m. at Downtown. 649-3810. 

Bryan Girard Trio at 8 p.m. at Jupiter. 848-8277. 

THURSDAY, NOV. 6 

EXHIBITION OPENINGS 

Charles Winstead, “Abstract Geometric Paintings” reception from 6 to 8 p.m. at the Doyle Street Café and Gallery, 5515 Doyle Sreet, Emeryville. Exhibit runs until Jan. 5. 658-2989.  

THEATER 

Traveling Jewish Theater, “Windows and Mirrors” stories by Paley, Malamud and Biller. A collaboration with Word for Word. At 8 p.m. at the Julia Morgan Theater. Tickets are $20-$24 and are available from 415-285-8080. www.atjt.com 

“Continental Divide,” a two-play cycle examining a gubernatorial election in a fictional western state, by David Edgar, directed by Tony Taccone, at Berkeley Rep’s Roda Theater, today through Dec. 28. The two plays, “Daughters of the Revolution” and “Mothers Against” can be seen in either order. Tickets are $10-$55. 647-2949. www.berkeleyrep.org 

FILM 

Experimental Short Films by Antero Alli and Friends, with the filmmaker in person, at 8 p.m. at The Jazz House. Cost is $7-$12, sliding scale. 464-4640. 

“The Seventh Seal” directed by Ingmar Bergman, at 8 p.m. at the Long Haul, 3124 Shattuck Ave. Wheelchair accessible. 540-0751. www.thelonghaul.org 

First Impressions: “The Good Wife of Tokyo” at 5:30 p.m. and Margaret Mead Film and Video Festival: “The New Boys” at 7:30 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

Lunch Poems with Michael Harper at 12:10 p.m. in the Morrison Library in Doe Library, UC Campus. Admission is free. 642-0137.  

Guided Tour: Gene(sis): Contemporary Art Explores Human Genomics, at 12:15 and 5:30 p.m., Berkeley Art Museum, 2626 Bancroft Way. 642-0808.  

Gallery Talk: “Recent Research on Inca Archeology in Ecuador” with Dennis Ogbun, at noon at the Phoebe A. Hearst Museum, Bancroft Way at College Ave. Free with museum admission. 643-7648.  

Word Beat Reading Series at 7 p.m. with featured readers John Rowe and Rita Bregman, followed by an open mic, at Mediterraneum Caffe, 2475 Telegraph Ave. 526-5985 or 205-1749.  

Tamora Pierce reads from her new novel for young readers, “Trickster’s Choice,” at 7 p.m. at Cody’s Books on Fourth St. www.codysbooks.com  

Ken Croswell introduces his new book, “Magnificent Mars,” with a slide show, at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com 

Khaled Hosseini describes Afghanistan of the past thirty years in his new novel, “The Kite Runner” at 7:30 p.m. at Black Oak Books. 486-0698. www.blackoakbooks.com 

MUSIC AND DANCE 

Benefit for the Hope Flowers School in Palestine, with music by the La Peña Community Chorus, at 7:30 p.m. at La Peña Cultural Center. Donation $15-$25, no one turned away. 849-2568. www.lapena.org 

Jamie Isman, singer, songwriter performs at the 1923 Teahouse at 8 p.m. Suggested donation of $7-$15, no one turned away for lack of funds. 644-2204. www.epicarts.org 

Estero at 9:30 p.m. at Beckett’s Irish Pub, 2271 Shattuck Ave. 647-1790. www.beckettsirishpub.com 

George Pedersen and His Pretty Good Band at 9:30 p.m. at The Starry Plough. Cost is $5. 841-2082. www.starryploughpub.com 

CV1 at 8 p.m. at Jupiter. 848-8277. 

Grateful Dead DJ Night from 10 p.m. at Ashkenaz. Cost is $6. 525-5054.  

www.ashkenaz.com 

David Knopfler, originals from the co-founder of Dire Straits, at 8 p.m. at Freight and Salvage Coffee House. Cost is $15.50 advance, $16.50 at the door. 548-1761. www.freightandsalvage.org 

Keni El Lebrijano, flamenco guitarist, at 8 p.m. at Downtown. 649-3810.

Although the very name “Faculty Club” perhaps conjures images of aloof inaccessibility, the 101-year-old Berkeley campus institution is anything but.  

You don’t need to be a Club member to eat there and the meals are remarkably affordable. 

You can purchase a sandwich or generous buffet lunch on a weekday and eat informally on an outdoor terrace or at one of the sturdy wooden tables in Maybeck’s Great Hall, since 1903 a gathering place for the intellectual giants of the university (they eat sandwiches, too). Or you can have lunch or dinner in the elegant, white tablecloth Kerr Dining Room, overlooking Faculty Glade. There’s also a cozy bar. 

Guests referred by members or campus departments can stay in the hotel rooms upstairs at the Club, and the Club’s rooms are also available for rental for meetings and special events. The Club has become a popular place for weekend weddings. 

For information on hours, policies and meal service, call the Club’s front desk at 540-5678 or visit its website at http://berkeleyfacultyclub.com. If you wish to see the O’Neill Room art display, please check at the front desk for directions to the room and to make sure it isn’t in use for a meeting. A description of the Club’s artworks, written by Phyllis Brooks, is also available for $1 at the front desk. 

The craftsman-style Faculty Club is located on the UC Berkeley campus, on the eastern edge of Faculty Glade just south of Strawberry Creek. Don’t confuse it with the nearby Women’s Faculty Club—another elegant and venerable campus establishment—that stands to its east.

TOLERANCE 

Editors, Daily Planet: 

The efforts of Terry Doran and others to “model, teach and preach tolerance” (“Violence Has Become a Political Football,” Daily Planet, Oct. 28-30) are clearly crucial in creating a less violent Berkeley (I calculate that without their efforts, I might have been beat up and robbed even more often than I have been). But let’s hear some new suggestions also. Other cities have reduced crime and built community using neighborhood civilian patrols. Berkeley should consider this idea, and not just reject it out of hand as “how un-Berkeley can you be.” (Do Berkeleyans visiting Spain object to the Spanish “sereno,” the neighborhood night watchman?) 

Al Durrette 

• 

NO DIRE SITUATION 

Editors, Daily Planet: 

I am responding to the Oct. 28 Daily Planet article, “Rosa Parks Test Scores Lag, School May Face Overhaul.” This is my sixth year as a parent at Rosa Parks School. We have many dedicated, experienced teachers and great staff. I feel that my children and I have benefited from the educational and social/cultural experience the school offers. We are fortunate to encompass many types of diversity at Rosa Parks. While the Academic Performance Index (API) formulated from standardized test scores may be one indicator of academic progress, it is no more than that. The results of several weeks of testing during the academic year tell but one piece of the story. Is it fair to penalize a school based solely on this one measure? What good could come of a complete restructure of our school? Why does the No Child Left Behind (NCLB) legislation not focus on what all children truly need to succeed academically, socially and emotionally? In fact, to not be left behind? Youth welfare, education and family support are not prioritized as they should be to promote optimum well being in our society. Rosa Parks does not face a dire situation—the Berkeley Unified School District does, the State of California does and the United States of America does. Who is the laggard here? 

Rebecca Herman 

Rosa Parks School parent 

• 

ROSA PARKS NOT FAILING 

Editors, Daily Planet: 

I’m a parent of two students at Rosa Parks. My kids are doing great at this school, I mean great! They exceed the state standards and the national standards. They have friends of all colors, ethnicities, races. They get along well with the teachers and the students. Yet your article makes it sound like the school is drowning in chaos without any organized curriculum or commitment from parents, teachers or the administration. That is far from the truth. The whole issue over test scores and the “blame” that is being attributed to the school and indirectly to the teachers and Principal Shirley Herrera is completely out of line and misinterpreted by this article. 

First off, I’ve been involved there for six years. My daughter is in fifth grade and my son in second grade. My kids are doing exceptionally well and are high achievers and get excellent instruction from very committed teachers. The curriculum is very good and if my kids do their homework (by the way that’s the key) they do well in the testing. One of the challenges at Rosa Parks is reflected by the diversity and complexity of the demographics of the school. We have kids from all over the world—Africa, Russia, Turkey, China, Iceland, Mexico, Brazil, Pakistan, Iran, India and I could go on. We have parents adapting to the educational system and culture all at once. We have some households that have serious economic and social problems that make it very difficult for kids in a learning environment. All these things come together in our little world at Rosa Parks. And, no simple out-of-the-box solution works for all these kids or their parents in an “instant mix formula.” 

On top of that we’ve gone through four principals in six years. This is very difficult for the teachers, the parents and most of all Principal Ms. Herrera. It takes more than one year to build a systematic approach to teaching that focuses on improving test scores, which they are trying to do. And, all the issues can’t be blamed on the school. Parents need to be involved with their kids learning that’s where the difference is made. 

The perception of the article written by Jakob Schiller, although accurate in the statistical facts, in no way reflects the parents who commit themselves to volunteer work at the school, to the hard work done by the teachers and to new approaches to teaching the curriculum that may have a significant effect on the test scores over a period of years. 

To come in to the school now, disrupt everything by bringing in a “major administrative overhaul” is absolutely absurd and shows no in-depth knowledge of the situation. It will have no immediate effect except to set back the progress that is being made right now. 

I encourage parents to check out this school for their kids entering kindergarten, to interview the teachers and talk with the principal you will see that this is a great place for an education and it’s only going to get better. What is needed is commitment and involvement, not broad, non-specific criticism based on statistics. 

Steven Donaldson 

• 

REPORTING THE TRUTH 

Editors, Daily Planet: 

Good for you Becky, I am so glad you didn’t back down to the demands of Patrick Kennedy. But most importantly I’m glad that you are a woman standing up to an arrogant business man who thought he could use a few big words like “libel” and “falsities.” I want to encourage you to continue to report the truth and not allow big business men to intimidate you. 

Sheila Goodwin 

• 

CIRCLE OF VIOLENCE  

Editors, Daily Planet: 

This is pursuant to your front page article of Oct. 7 (and the ensuing letter to the editor of Oct. 28, by “Name Withheld”). The headline was “Telephone Bomb Threat Following Campus Debate” of Israel vs. Palestine, against a woman-journalist who was a Palestinian advocate. It specified “On Monday you better not be in your office...to kill everyone of you sons of bitches.” That Monday was Yom Kippur. Even a non-religious Jew would never plan to kill on the holiest Jewish Holiday, which, incidentally, is devoted to forgiveness. 

The threat, therefore, was perpetrated by a non-Jew and was a device to garner public attention to vilify Israelis—and it was successful. 

Do you remember the “Yom Kippur War”? It was on that special day that Arab countries made the surprise attack on Israel, which resulted in exacerbating the situation dramatically. 

Violence begets violence, as we have regretfully witnessed. May the extremes on either side be laid to rest and not spill over the rest of the lands. 

It is so deplorable that right now during the holy period of Ramadan the virulence of violence is not diminishing in Iraq. 

Name also withheld 

• 

ENVIRONMENTAL RACISM 

Editors, Daily Planet: 

Thank you for running an article (“Racism Plays Role in Environmental Decisions,” Daily Planet, Oct. 24-27) that deals with the very important and underreported subject of environmental racism. The locating of hazardous sites in communities of color has existed for quite some time. Race and economic status continue to play an important role in an individual’s exposure to dangerous environmental contaminants. 

Why is it that “the effort to be fair in locating dangerous dumps and factories is simply a low priority,” as quoted in the article? Why is it that important information on the subject can be kept out of sight? This kind of practice can continue so long as those responsible continue to avoid accountability. 

With clear and sound policies explicitly aimed at eliminating these disparities there is hope that a solution can be reached. So that government agencies can no longer pass the buck, it is important that some agency or organization have both the ability to gather information and the authority to enforce regulations regarding the location of hazardous sites. The recommendation that the EPA broaden its authority in order to do this is one possible first step. 

How can we say that we are a society that cares about equality and human rights when people of certain race and economic status are disproportionately targeted for the health risks associated with dangerous exposures to pollutants? 

Michelle Loya-Talamantes 

Student, School of Public Health, UC Berkeley 

• 

STRAWBERRY CREEK 

Dear City Manager, 

The Friends of Strawberry Creek are writing to officials in the City of Berkeley to bring to your attention that any future construction at the current Berkeley Adult School (BAS) site on University Avenue must comply with Berkeley’s Creek Ordinance (Chapter 17.08 Preservation and Restoration of Natural Watercourses). We bring this to your attention because we have heard Michele Lawrence, the Superintendent of the Berkeley Unified School District (BUSD), claim that the district is not subject to this ordinance. 

As you may know, a culverted portion of Strawberry Creek flows under the property on which the BAS now sits. The Creek Ordinance acknowledges that channelization of Berkeley’s creeks has had negative impacts on the watershed and that “streams and their riparian environment should be held as an important public asset in an increasingly endangered environment that provides an unusual urban ecological habitat with recreational and esthetic value” (Section 17.08.020, F). The ordinance goes on to say that “[i]t is in the interest of the City of Berkeley to encourage the removal of culverts and channels…and to restore natural watercourses whenever safely possible” (Section 17.08.020, H). 

The city has given meaning to these findings by stating clearly and unequivocally that it intends to enforce the ordinance. Section 18.080.50 states in pertinent part “it is unlawful for any person, organization, institution, corporation or the City of Berkeley (emphasis added) to construct any structure…within thirty feet of the center line of any creek.” The only exemption provided in the ordinance is to the owner of a single family home who wishes to construct an addition. And even in this case, the conditions under which an exemption can be granted are very narrow. 

It is the position of the Friends of Strawberry Creek that, should new construction take place on the grounds of the BAS, every effort should be undertaken to “daylight” the culverted portion of Strawberry Creek and that in no event should the BUSD be allowed to place any new buildings over the creek. 

Sincerely, 

Janet Byron, President 

Friends of Strawberry Creek 

• 

HEALTHY FORESTS 

Editors, Daily Planet: 

As the fires in Southern California demonstrate, it is critical that we focus scarce federal resources in the areas where they will protect communities at risk. Unfortunately, President Bush’s so-called “Healthy” Forests Initiative, which the Senate may vote on this week, fails to adequately protect communities at risk from forest fires.  

It places the care and upkeep of our National Forests in the hands of the logging industry, rather than our National Forest Service and the public, calling for fire prevention management by said industry.  

Will they really do the job, or simply log the biggest, oldest, most profitable, AND most fire-resistant trees, rather than the smaller unprofitable underbrush and saplings. The management of our forests cannot be placed in the hands of those who profit greatest from it; that makes no sense at all.  

It also weakens environmental protections, interferes with the independent judiciary, and undermines public participation in decisions that affect our public lands. But the worst is that it authorizes logging of old growth fire-resistant trees, whose thick bark can stop fire. We need these old growth trees to act as a bulwark against catastrophic wildfires.  

To protect lives and communities at risk from fire, Senators Feinstein and Boxer should vote against this deal and instead focus federal funding and resources on protecting communities at risk of catastrophic wildfire.  

Sierra Barnes 

Oakland 

• 

MARTYRDOM A CRIME? 

Editors, Daily Planet: 

The currency of journalism is clear language. But clarity of language requires clarity of thought, a fact that seems to have escaped the attention of many journalists. Euphemisms like “collateral damage” abound. Self-absorbed bias—friends are killed but enemies lose their lives—and fuzzy categories like “supporters of the former regime” may be unavoidable but should be kept to a minimum. 

“Terrorist” is one of the most used words in journalists’ lexicon. A terrorist act is a crime and so we are led to believe that a terrorist is a criminal. Are journalists self-serving, servile or just plain lazy to habitually refer to suicide bombers as terrorists? Such labeling inexcusably denies the fact that to his countrymen the suicide is a martyr.  

Why is martyrdom ennobling for us but impossible for our enemies? 

If a person wants to spread fear then suicide is an extreme and stupid way to do it. Suicide is not done solely for the purpose of terrorizing. Were it so we’d have to interpret Patrick Henry’s famous cry, “I know not what course others may take, but as for me, give me liberty or give me death!” as an endorsement of terrorism.  

Finally, referring to suicide bombers as terrorists implicitly ignores the central fact of Jesus’ life. According to St. John’s Gospel, Chapter 15, verse13, “Greater love than this hath no man, that he lay down his life for his friends.” 

Marvin Chachere  

San Pablo 

• 

XXXXXXXXXX 

Editors, Daily Planet: 

The depth of the tragedy in Southern California cannot be imagined. Thousands of homes destroyed. 17 people dead so far. Governor Davis is doing everything he possibly can to help. Where is Arnold? According to Yahoo News and Alternet, he is in Nevada congratulating Mr. Olympus and in Washington congratulating Mr. Shrub. 

Most of the communities destroyed by this horrible plague apparently voted overwhelmingly for Schwarzenegger. Why isn’t he out on the front lines a la Mayor Guiliani—consoling his fan club and urging the sleep-deprived firefighters on? Apparently, Arnold prefers to hobnob with Republicans in Washington, the same people who are now infamous among firefighters throughout America for slashing “big government” aid that would have kept our fire departments strong. Bush and Co. have made every effort in the past two years to downsize the very firefighters who are now California’s front line defense against the “worst natural disaster of the century.”  

And these are the people that Arnold is asking to aid us now? 

The results of the California recall elections aren’t all that set in stone. They have not yet been certified and are, in reality, uncertifiable until the Secretary of State can examine Diebold’s software for irregularities—an act which Diebold has declared to be a felony activity. (Since when has vote verification become a felony?) In addition, at least 9% of L.A county’s punchcard ballots are questionable.  

As a citizen of California, I demand a recount. And I also demand that Arnold Schwarzenegger stop fiddling around while SoCal burns! 

Jane Stillwater 

A prominent Berkeley contractor has been cited for 17 violations of California Division of Occupational Safety and Health (Cal-OSHA) regulations from their renovation of a Hayward commercial building, including the improper removal, handling, and dumping of asbestos material. 

If Kimes Morris Construction company does not win its appeal to the Cal-OSHA Appeals Board, it faces fines of nearly $36,000. 

A decision on the 15-year-old firm’s appeal, which was held during a three-day hearing before an Administrative Law Judge in Oakland earlier this month, is not expected for several weeks. 

Kimes Morris advertises itself as “developers and builders of commercial, residential and mixed-use community friendly buildings in the Berkeley area.” The Hayward building is part-owned by Coastal View Associates, a separate company owned by Kimes Morris owners Andrew Kimes and James Morris. 

An attorney representing Kimes Morris in the Cal-OSHA appeal said this week that the company had no prior knowledge of the presence of asbestos in the building, and said the contractors immediately corrected the problems as soon as they were brought to the company’s attention. 

“Kimes Morris regrets what happened out there,” said Attorney Fred Walter of the Walter Law Firm of Healdsburg, occupational safety and health law experts who represented Kimes Morris at the appeals board hearing. They have accepted that there was asbestos there, Walter said. “They have accepted all of the citations for asbestos exposure and the failure to [take proper precautions]. The one thing that they are adamantly set against is the allegation that what they did was deliberate. That’s not the way they’ve done business. That’s not the way they treat their workers. And they’re pissed off.” 

The asbestos removal violations, which Cal-OSHA inspectors said occurred in November and December, 2001, and early January, 2002, were discovered by landfill operators after Kimes Morris workers disposed of asbestos-laden building waste in a dumpster next to the building.  

Some of the violations involved failure by the company to provide workers with proper respiratory protection and failure to use cleanup methods that would keep asbestos dust from escaping into the air. Walter estimated that “10 or 12” workers were exposed to the asbestos without adequate protection for as short a period of “a few days” and as long as a month. The workers were regular Kimes Morris employees. 

The violations were originally reported to the Bay Area Air Quality Management District, which notified Cal-OSHA. After renovation of the building was shut down by Cal-OSHA in March of last year, Kimes Morris subcontracted the asbestos removal to a company specializing in that field, and renovations to the building have since been completed. 

The most damaging findings made by Cal-OSHA against Kimes Morris was that as part owner of the Hayward building, the contractors should have known about the presence of the asbestos before the renovations began. The other part-owner of the building, Richard A. Fishman, was informed of the presence of asbestos in an environmental survey released to him in January of 2001. 

Cal-OSHA inspectors also charged that Kimes Morris should have known how to properly handle asbestos removal because of the company’s past experience in demolition/renovation of a building containing asbestos. Kimes Morris was hired by Berkeley developer Patrick Kennedy’s Panoramic Interests company to tear down the building that paved the way for the Artech Building on Milvia Street. 

While admitting that the company violated asbestos safety regulations, Walter denied the charges that Kimes Morris knew about the presence of asbestos in the building and intentionally violated the regulations. 

Walter said that the allegation that Kimes Morris knew about both the regulations and the presence of asbestos and then willfully sent workers into a potentially dangerous situation is “almost laughable. They’re just making the assumption that somebody who’s been in any kind of construction for fifteen years will know what to do when you walk into a building of a particular age.” 

“More than 95 percent of [Kimes Morris’] work has been new construction,” Walter continued. “The remaining two to five percent has been in remodeling. They only contracted for the demolition of the building that was in place of where the Artech Building is now. They were advised by that demo contractor that they would have to do asbestos abatement there. They coordinated the [asbestos] abatement work, but it was all done administratively from their office. Kimes Morris arranged for an abatement contractor to go in and do the abatement [at the Milvia Street site]. They didn’t do the abatement themselves. The Hayward building was the first time that [Kimes Morris has] done demolition work themselves.” 

“Both Andy [Kimes] and Jim [Morris] saw the building [before it was renovated], but did not realize that there was a potential for asbestos. It didn’t cross their minds. They’re too new to demolition work to have appreciated the dangers their employees were facing. They went ahead and did the work. In the middle of it, there was discovered there was asbestos.” 

As for the January, 2001 environmental report given to the Hayward building’s co-owner, Richard Fishman, Walter said that Fishman testified at the appeals hearing that he “never cracked it, never looked at it, filed it away, and never mentioned it to anybody, including Jim [Kimes] and Andy [Morris] when they became partners in the building.” 

A statewide coalition on immigrant workers rights has charged Kimes Morris with discrimination against immigrant workers in the Hayward asbestos case, citing its allegation that all of the workers improperly exposed to the asbestos were Guatemalan and Mexican immigrants. 

“Immigrant workers get hired [all the time] to do the dirtiest jobs in our society...for minimal pay and with blatant disregard for their health and safety,” Antonio Belmonte, a spokesperson for Working Immigrant Safety and Health (WISH), said in a prepared press statement. “Employers take advantage of Latino workers like those who don’t speak English and are desperate for any work they can get.” Belmonte works in the Labor Occupational Health Program at UC Berkeley. 

Walter refuted the allegation that “these are a couple of white contractors making victims of immigrant workers. Andy Kimes is part-Indian. He spent ten years living in Costa Rica doing subsistence farming after he graduated from UCLA as an economics major. He speaks Spanish fluently. The employees who testified at the hearing all were earning between $18 and $24 an hour, and all were receiving Kaiser benefits from the company. So for Mr. Belmonte to imply that Kimes Morris is giving these people minimal pay and blatantly disregarding their health and safety is just a failure of his own to check his facts.” Walter said that while the employee pay on the Hayward building job was “a little bit below union scale, it ain’t peanuts.” 

Walter said that “part of the undercurrent of the decision by OSHA to cite this one citation as willful is the idea that [OSHA] jumped to the conclusion that Kimes Morris was taking advantage of Latino workers who don’t speak English, are desperate for work, and will do anything that the employer tells them to do. In truth, none of that applies to Kimes Morris Construction.” 

Breathing asbestos particles can cause mesothelioma, an invariably fatal form of lung cancer that can take decades to develop.

With all the attention on the budget battles in Sacramento and Washington, the financial crisis facing cities has slipped mostly under the radar. But cities provide most of the front line services used by Californians, and throughout California those city services are on the chopping block. 

• Elimination of fire inspectors, a fire truck, and rotating closures of fire stations.  

• Cuts to youth programs, teen counselors, and health workers.  

• Complete elimination of police bicycle patrols and city arts programs. 

Those are just a few of the cuts being considered by Berkeley officials as they work to close a deficit that may top 13 percent of the city’s general fund—a $15 million cut out of a $110 million budget—next year alone.  

Berkeley and other cities are faced with stark choices—whether to raise new revenue or allow these core programs to be cut. 

In Berkeley, Mayor Tom Bates proactively convened a group of residents to examine how the city might meet this budget crisis. This group, the Mayor’s Task Force on Revenue, includes members of the League of Women Voters, members of the Chamber of Commerce, retirees, educators, business owners, UC students, and others. 

Task force members heard from experts on city finances, economic development, and public opinion. They debated tax options, seriously discussed ideas for business development, and considered all the potential impacts of additional taxes on homeowners and small businesses. (Agendas and meeting notes are available at the mayor’s website, www.ci.berkeley.ca.us/mayor.) 

The truth is that this budget crisis is not Berkeley’s fault. A UC Berkeley public policy professor recently wrote in a national magazine that Berkeley is “a model of how government ought to work.” The city used a hiring freeze and other measures to cushion the $6 million it has already cut from the budget. In fact, Berkeley’s astute financial management has earned it one of the highest bond ratings in California—saving the city millions of dollars in interest payments. 

The real problem is that the state’s budget woes are trickling down to cities, and Berkeley is no exception. As much as $6 million of the deficit was created when the state-run employee retirement system (CalPERS) required a far larger city contribution than they had previously projected. Another $6 million will be carved out of the budget if the governor-elect succeeds in eliminating the vehicle license fee. 

We can all hope that fiscal sanity returns to Sacramento, but we must take responsibility for making responsible choices here at home. In the end, it is Berkeley’s fire protection on the line.  

Faced with this choice, the task force did what the leaders in Sacramento and Washington have been unable to do. The members came to unanimous agreement that Berkeley cannot just cut its way out of this deficit.  

The task force recommended a balanced approach—careful cuts balanced with a tax increase. If placed on the ballot and passed by voters, this tax increase would raise $10 million per year by increasing the amount paid by homeowners an average of $250. The task force also recommended that this tax measure be accompanied by an exemption for low-income homeowners, as well as serious accountability measures such as a citizen’s oversight committee and a five-year sunset provision. 

Cuts will still be necessary, but this revenue increase allows the city to protect its front line services until the economy is strong and the state is out of its financial mess. 

Even the best-managed cities face difficult and painful choices. The best we can do right now is to take care of our responsibilities here at home. If we’re lucky, that fiscal sanity might rub off on those in the state capitol. 

Dion Aroner was chair of the Mayor’s Advisory Task Force on City Revenue. She previously served six years in the State Assembly and is currently a partner in the Berkeley-based government affairs consulting group AJE Partners.

Considering unusual places to see fine art in Berkeley?  

Maybe it’s time to visit the Faculty Club on the university campus.  

While it’s not a formal art gallery or museum, the club contains a growing display of permanent and historic art works, and also features intriguing temporary exhibits of art. 

In recent years, the main corridor has been used as a small gallery for changing art exhibits. The displays include paintings in oil or other media, watercolors, photographs, or other forms of visual art. All the exhibitors are associated with the Club as members or affiliates. 

The art displays change monthly and are generally very accomplished, although there’s an occasional exhibit demonstrating more enthusiasm than talent. Styles range from traditional to quite contemporary and avant garde. Many of the artists are also noted scholars. 

Elsewhere in the Club, several pieces of permanent art—some of them incorporated into the architecture—are on display.  

For example, in the O’Neill Room there’s a wonderful 1929 fresco by faculty member Ray Boynton showing a stylized view up Campanile Way, the Berkeley Hills beyond, and two golden allegorical nudes holding the sun and moon, respectively. 

In the Howard Lounge a relief sculpture of the Greek Theatre honors the university’s supervising architect, John Galen Howard. The artwork was created in 1955 by Jacques Schnier, who also did the monumental “St. George and the Dragon” sculpture on the northwest corner of Berkeley High School. 

In the Club’s Great Hall stained glass panels depict emblems of major universities with which Cal faculty have felt particular affinity, including Stanford, represented by a redwood tree on a vivid red and white background. Bernard Maybeck’s carved animal-head beams, constructed a century ago, flank the glass panels. 

The Club also has on display a number of prints and commemorative portraits by various artists, as well as several intriguing paintings by early 20th century professor Perham Nahl. In the words of the Club’s art historian, Phyllis Brooks, “Isadora-style young women dance and toss billiard balls to each other in a woodsy setting” across two murals Nahl did in the Heyns Room. Although no clear explanation of the paintings survives in Club records, it is known that billiards was a popular activity amongst early members. 

The permanent art collection at the Faculty Club was significantly expanded this fall with several important paintings by Berkeley faculty. Collectively called “The Berkeley School Collection, 1930-1950,” the paintings are gifts of several donors brought together by Professor of Art Emeritus Karl Kasten. 

“With Karl’s help we amassed a wonderful group of pictures,” says Brooks. The paintings are now all hung together in the Club’s O’Neill Room, creating a mini-gallery in the midst of the campus. 

Visual art has a long but somewhat unsettled heritage at Berkeley. Drawing was taught from the university’s early years, but typically as a skill necessary for practical subjects such as mechanical engineering, architecture, and even agriculture and military training. 

Three local notables—architect Bernard Maybeck, artist and writer Gelett Burgess, later famous for his “Purple Cow” rhyming, and Ross Brower, father of environmentalist David Brower—were UC drawing instructors at various points in those early years. 

The arrival of German-born painter Eugene Neuhaus finally began to establish a precarious formal foothold for the practice and teaching of fine art on the campus. Neuhaus would also later serve as a Faculty Club president. 

In 1923, he convinced the university administration to establish an art department. By that decade, according to Kasten, “California had to assert itself as not only a producer but a trainer of artists.” 

A decade later Neuhaus made another pivotal contribution to Berkeley when he suggested that the obsolete brick powerhouse on campus just east of Sather Gate be turned into an art venue. The resulting University Art Gallery conceived and hosted small scale but notable exhibits for more than 30 years. 

As inevitably happens in the art world, however, Neuhaus and his colleagues were ultimately displaced by a younger group of artists who viewed the established faculty as outdated traditionalists and took over leadership of the Berkeley painting scene from the 1930s through the 1950s. 

The accomplishments of that period drew the attention of a banquet hall full of alumni, faculty, and friends going nearly back to the beginning—the mid-1930s, in some cases—who gathered at the Faculty Club on Thursday, Oct. 23, to honor the donation of the artworks and the 80th anniversary of the department. 

Wine glasses in hand, guests admired the small exhibit of paintings then sat down to dinner in Maybeck’s Great Hall accompanied by a slideshow by Kasten, recalling his graduate school and early faculty days at Berkeley. 

In a three-decade period, Kasten said, beginning in the late 1920s when Worth Ryder joined the faculty, the Department of Art struck out in new directions, eventually cohering into what became known as the Berkeley School of painting. 

“Time is constantly modifying the views we have of artists,” Kasten observes. “The Berkeley School became less immediately important to a later generation moving more and more to abstraction and expressionism. But time also brings reassessment and the reputation of the Berkeley School and its followers is once again rising.” 

One of Ryder’s pivotal actions was bringing modernist German painter Hans Hoffman—with whom he’d studied in Germany—to the Berkeley campus as a guest instructor.  

Hoffman had two important impacts. First, he inspired several local painters. Later, in the 1960s, Hoffman, grateful for the opportunity the University extended to him in the 30s to work outside Nazi Germany, willed the university a large number of his paintings that became the nucleus of the university’s modern Berkeley Art Museum. 

In the art department’s early days, Kasten said, the “Berkeley School” was facetiously called the “One Hair School” by some San Francisco artists because of the delicate lines many of the Berkeley painters incorporated in their work with fine hair brushes.  

In friendly retaliation “the Berkeley people referred to the San Francisco crowd as the ‘Big Feet School’ because they were following Diego Rivera,” whose paintings and murals often featured figures with oversized appendages. 

Among the Berkeley faculty at the time was Professor Chiura Obata “a great teacher with real sensitivity,” Kasten said. One of the first non-white members of the Berkeley faculty, the Japanese-born Obata was interned by the government during World War II, but later returned to Berkeley.  

One of Obata’s paintings, a delicate filigree of peach-colored rhododendron blossoms, is now included in the Faculty Club collection. Other painters featured in the permanent exhibit are faculty members James McCray, Erle Loran, John Haley, Kasten himself, and graduate student Mary Dumas.  

Several of their paintings show Berkeley scenes, such as Haley’s 1932 view of the Church of the Good Shepherd in West Berkeley and Loran’s “The Berkeley Campus,” a lush view of the 1940s landscape north of the Life Sciences Building. All the artworks now adorn the walls of the O’Neill Room. 

“The Faculty Club is one of the jewels of the campus and another jewel is now the room in which the paintings reside”, says Brooks. 

In one corner of the room a vivid red and black Cubist-inspired portrait by Margaret Peterson stands out. Peterson, like Obata, had a bittersweet connection to the Berkeley campus; in 1949-50, she left her teaching job as one of those who refused on principle to sign the University’s McCarthy-era anti-Communist Loyalty Oath. 

But now, as with the other artists, one of her artworks has a permanent home on the campus. 

(SIDEBAR – INFORMATION ON VISITING THE FACULTY CLUB) 

Although the very name “Faculty Club” perhaps conjures images of aloof inaccessibility, the 101-year-old Berkeley campus institution is anything but.  

You don’t need to be a Club member to eat there and the meals are remarkably affordable. 

You can purchase a sandwich or generous buffet lunch on a weekday and eat informally on an outdoor terrace or at one of the sturdy wooden tables in Maybeck’s Great Hall, since 1903 a gathering place for the intellectual giants of the university (they eat sandwiches, too). Or you can have lunch or dinner in the elegant, white tablecloth Kerr Dining Room, overlooking Faculty Glade. There’s also a cozy bar. 

Guests referred by members or campus departments can stay in the hotel rooms upstairs at the Club, and the Club’s rooms are also available for rental for meetings and special events. The Club has become a popular place for weekend weddings. 

For information on hours, policies and meal service, call the Club’s front desk at 540-5678 or visit its website at http://berkeleyfacultyclub.com. If you wish to see the O’Neill Room art display, please check at the front desk for directions to the room and to make sure it isn’t in use for a meeting. A description of the Club’s artworks, written by Phyllis Brooks, is also available for $1 at the front desk. 

The craftsman-style Faculty Club is located on the UC Berkeley campus, on the eastern edge of Faculty Glade just south of Strawberry Creek. Don’t confuse it with the nearby Women’s Faculty Club—another elegant and venerable campus establishment—that stands to its east.

Berkeley scored a victory against the Lawrence Berkeley National Laboratory (LBNL), after a regional regulatory board ordered the lab to implement the highest possible standards to clean up contaminated groundwater at its Berkeley Hills campus. 

At a community forum on the cleanup Tuesday evening, the San Francisco Bay Area Regional Water Quality Control Board—acting on a written request from the city—announced that it will order the lab to reduce contamination to levels allowable for drinking water—a standard lab officials say might be impossible to achieve. 

“The public got a good deal today,” said Berkeley Hazardous Materials Supervisor Nabil Al-Hadithy, attending the forum sponsored by the State Department of Toxic Substances Control (DTSC)—which will supervise the cleanup. 

In recent years, the water board has lowered standards for cleanups, allowing municipalities and other entities to decontaminate areas that pose a public health risk, but not requiring them to return the polluted groundwater to drinking standards. 

Although they found that the contaminants buried underneath the lab pose little threat to the surrounding community, the water board sided with Berkeley, holding that restoring groundwater to drinking standards would benefit the community. 

The city’s victory was not total, however. The DTSC, which has final say over the cleanup of contaminated soil, will permit a risk-based decontamination—meaning that the lab will can ignore the majority of the sites where cancer risks are minuscule. 

Residents at the meeting cheered the Water Board ruling, but criticized the lab for not giving more input into the cleanup process and for ignoring the nuclear waste which they claim also lies in the soils and waters underneath the lab. 

Al-Hadithy and residents also questioned whether the lab’s overseers in the U.S. Department of Energy (DOE) would pay for the more thorough cleanup sought by the water board. Hemant Patel, a project manager at the DOE, said he expected Congress to allocate about $3.5 million annually through 2006, which he said should be enough to meet the drinking water target. 

Most of the chemical contamination at the 71-year-old lab occurred decades ago, before hazardous waste disposal laws enacted in the 1970s ended indiscriminate dumping of toxic chemicals on the lab’s 200-acre campus. 

For the past 10 years the lab—which conducts research in physics, biology, geology and chemistry—has worked to identify contaminated areas, brainstorm ways to decontaminate the sites and perform some cleanups.  

Now, with the DOE requiring the lab to have all cleanup mechanisms in place by 2006, LBNL has until May to present for DTSC approval a plan to perform the requisite soil and groundwater remediation. Approval is expected to take about a year following a public comment period—leaving the lab roughly a year and a half to perform the cleanup. 

DTSC scientists at Tuesday’s meeting asserted that lab employees and visitors face no health risks, but acknowledged that some contaminated soils and groundwater plumes would have to be cleaned.  

Of the 29 contaminated soil sites, DTSC required cleanup at the four sites where the theoretical cancer risk was rated above 100 cases per million, the common standard used for “institutional” properties. 

The water board mandated that groundwater be cleaned to a higher standard: a theoretical cancer risk of 1 incident per 100 million. Under that benchmark, the lab will have to restore 11 of the 13 contaminated sites to drinking water standards. 

Although the city sought equally strict standards for both surface and ground water cleanups, Al-Hadithy said that groundwater poses a greater health risk because it slowly migrates downhill from the lab towards residential areas and is more difficult to manage if not cleaned up. 

Groundwater at the site is not used for human consumption, but the city had argued that in case of emergency or for future uses at the site, the community would benefit from being able to tap the groundwater for public use. 

The decision of the water board surprised city officials, who feared that with federal cleanup money dwindling, the water board would hold the lab to less rigorous standards. 

In 1996, the water board pioneered a relaxed cleanup standard—quickly adopted nationally—that allowed localities to pave over contaminated soils and groundwater to isolate them from human contact, rather than paying for costlier decontamination. Under those standards, Emeryville famously sealed huge plots of contaminated land as sites for shopping centers over them. 

The DTSC only has jurisdiction over chemical pollution, infuriating neighbors who insist that nuclear contamination—which falls under the authority of the DOE—also poses serious health risks. 

“They should have combined the chemical and radioactive information into one document,” said Pamela Shivola of the Committee to Minimize Toxic Waste, which has attempted to monitor lab activity for years. “We’ve received only a partial picture only analyzing a partial risk.” 

DTSC toxicologist Calvin Willhite replied that there was no scientific data to support a synchronistic effect between chemical and radioactive waste in soils or groundwater. 

Neighbors questioned claims by lab officials about the Summary of Radionuclide Investigations approved by the DOE in September, which held that there was no need to cleanup nuclear material in the soil, much of it produced from years of testing tritium, a radioactive isotope of hydrogen. 

Shivola said she has never been made aware of the lab’s study, which officials say is available for review at the public library. 

A senior scientist who requested anonymity said that tritium levels in the soil and groundwater around the lab are within acceptable standards, but that purifying some of the chemically contaminated groundwater sites to drinkable standards would be impractical.  

“If you spent the whole budget of the United States you cannot clean all of this,” he said. “We will attempt it but we will prove that it is impossible.” 

Most of the chemicals are solvents used to remove grease, he said.

I contemplate the depth beneath my stride 

and count myself most fortunate indeed 

for neither 'tis too broad nor 'tis too wide 

my pathway to entirely impede 

but cannot glance ahead nor look behind 

nor revel in the beauty of the trees 

nor can afford to note a cloud's design 

for fear of landing sudden on my knees 

I concentrate most carefully; each step 

a small but wondrous challenge to complete 

considering attention sidewalks get 

In Berkeley, unless owned by the elite 

connect the dots, O Council! fill a hole! 

we live too close to being on a roll

Depending on how you look at things, it’s either a wonderful or a terrible time to be an independent filmmaker. 

On the one hand, Indies have never been bigger, with the massive commercial success of movies like My Big Fat Greek Wedding and the Blair Witch Project. 

But success breeds imitation, and nowadays it seems like everyone with a digital camera is making an Indie. In a crowded field it is frustratingly difficult to find an audience for your flick, a feeling made unbearable other filmmakers go blithely Sundancing their way to riches and acclaim. 

The elemental human urge to tell a story is about one second older than the urge to have that story heard and declared magnificent. It’s hard not to worry that the world contains more storytellers than audience members. 

Luckily for these cinematic strivers (and for those of us who love to watch movies), there is the Berkeley Video and Film Festival, a modest but energetic celebration of independent filmmaking that gives a few talented filmmakers their moment in the sun. 

Sixty-five of these have been chosen for inclusion and will be screened in an eye-popping orgy of cineastic bliss, twelve hours a day from noon until midnight. 

Don’t worry about how nice it is outside; November sunshine is more than you deserve, frankly, and you really ought to be hunkered down in a dark room, hoovering popcorn like there’s famine afoot. 

The strength of this festival lies with the documentary films. In an era when tagging along on a stranger’s unpleasant first date qualifies as reality footage, these well-conceived, deeply felt investigations are particularly moving. While there is no requirement that the films have a Bay Area theme, many of them do, and the chance to see our home from a different perspective is much appreciated. 

Bounce: The Don Barksdale Story features one of the first black players in the NBA, a former Berkeley High Yellowjacket who distinguished himself in athletics, radio, business, and philanthropy. 

The footage of Berkeley in the 1930s is arresting, and interviews with Barksdale’s basketball descendants (and Bay Area locals) Jason Kidd and Gary Payton show just how valuable it is to turn away from the present and recall one’s progenitors. 

In general the documentaries tend to be activist, focusing on themes familiar to Berkeley viewers. There are two films that focus on opposition to the war on terror, one about the Black Panthers, one on the horrors of animal trapping and, of course, the obligatory Holocaust documentary. 

Suffice it to say that the fact that separate documentaries about nudists both won Best of Festival Awards firmly locates this collection of films here in the Land of the Free (Speech Movement). 

The best documentary (and possibly the best film of the entire festival) is Brothers on Holy Ground, an enormously affecting piece about the psychological aftermath of 9/11. Director Mike Lennon chooses to focus not on the horrible footage that we all now involuntarily replay in our own minds, but on the unscripted words of the survivors. In these raw interviews we see a young firefighter drowning with guilt over his decision to swap seats on the engine with a buddy, a chance event that left one man dead and the other standing on a downtown street, covered with ashfall and awash in misery.  

Lennon eschews the maudlin tone and imperious politicizing common to many 9/11 documentaries, focusing instead on the quiet rhythms of lives interrupted, the way a fireman calmly chops celery for a firehouse lunch as he muses about the violence of the job and the agony of losing one’s closest friends. 

Fortunately, the festival is not all portentous and important. The presence of animation, short comedies, music videos and even public service announcements gives the mind a bit of a yawn and a stretch before settling back down to the heavy lifting. 

These shorter efforts can be quite winning, allowing the viewer brief dips into the delightfully addled minds of a variety of talented filmmakers. In Lost and Found for example, an odd little man insists that a sculptor has stolen his dentures, and the interaction between the two men borders on the surreal. 

Young producers offer short films with whimsical names like Egyptian Rat War and subject matter such as an insect’s reaction to high culture. 

The music videos are also visually compelling, especially The Dive which was shot underwater and then hand-colored frame by frame for a unique look. 

There’s even a big name hiding among the short pieces—Eminem’s video White America, which was produced and directed by the local Guerilla News Network. It’s an excellent video; the graphics are simple and powerful, and Eminem’s lyrics are, as always, refreshingly self-aware and unsentimental. 

If anything, the video is too good in the context of the other films; Eminem’s star power and overwhelming marketing machinery feels a little unfair, like Shaquille O’Neal stopping by the Berkeley Y for a pickup game. 

Without the aid of an intravenous feeding tube and a vampiric love of the dark, there’s simply no way to see all of the movies on offer here. Viewers will have to look deeply into themselves and make tough decisions. 

Will you see Temptation, the Grand Festival Award winner, a lighthearted feature film about new-age pornographers—please, it’s erotica, not porn!—or will you stick with uplifting and earnest by picking the foot-stomping fun of Los Zafiros, a dance through the raucous world of Cuban music? 

However you choose, you’re bound to see a few stinkers. But the joy is in the hunt, and there are diamonds littered throughout this field. 

It’s a fine time to be an independent film watcher, and the Berkeley Video and Film Festival has done an impressive job of collecting compelling movies that may mark the emergence of big time talent. 

The festival runs from noon until midnight this Saturday and Sunday, Nov. 1 and 2. Tickets and show times can be found at www.berkeleyvideofilmfest.org and the movies will be shown at Wheeler Auditorium on the UC campus.

Following a heated five-hour sentencing hearing Tuesday, three UC Berkeley students—Michael Smith, Snehal Shingavi and Rachel Odes—are waiting to learn what, if any, punishments the university will mandate for their actions during a March 23 campus anti-war protest.  

After hearing proposed punishments from campus Judicial Officer Neal Rajmaira and a spirited defense from the students, a panel of professors, staff and students has one week to draw up a letter spelling out its own recommendations to Dean of Students Karen Kenney. Once the recommendations are submitted, the students will be able to make an appeal before Kenney decides what, if any, punishments the students will receive.  

During an earlier hearing on Oct. 14, all three students were found responsible for one count each of disturbing the peace and non-compliance with the directives of a university officer, violations of the student code of conduct. 

Shingavi and Odes could receive 20 hours of community service and a letter of warning in their file that would be reported should the students apply for a government job or waive their rights to the Family Education Rights and Privacy Act (FERPA). Smith, who was also found to have committed a third and separate violation of resisting a university officer, faces a one-semester suspension that would start next spring. 

Rajmaira said the suggested penalties fall within a range where a nonreportable letter of warning—one that isn’t reported to law enforcement or governmental agencies—is the mildest penalty and full expulsion the most severe. 

From the onset, the students have called the disciplinary proceedings unfair and unwarranted. They denounced the recommended punishments Tuesday, charging that the university is trying to railroad them for a peaceful event. 

The students have drawn support from across the country, and activists signed a full page ad that ran in the Daily Californian’s Monday edition. One signatory, Green party gubernatorial candidate Peter Camejo, spoke at a press conference before Monday’s hearing, accompanied by Rachel Ode’s mother, Jackie McGlamery.  

“The U.S. is in violation of international law,” Camejo said, “and I’m here to say that the university should respect international law. These students are trying to defend the Constitution and international law and should be given medals, not expelled.” 

During Tuesday’s hearing, the three students vigorously challenged the proposed punishments, and complained that the university had violated their right to due process by not giving them sufficient time to mount an adequate defense for the earlier hearing. They were also challenged the university’s decision to press charges stemming from a peaceful event that they said the university knew about well in advance. 

One witness the students called Tuesday was Marcia Riley, Director of Student Group Administration for the Office of Student Life. She testified that she had talked to protest organizers “at least half a dozen times,” before the event, adding that she had seen several sit-ins in the past and that “this one was not more disruptful than others.” 

Shingavi, a veteran campus organizer, said he thought more preparation and communication had gone into the planning for the protest than for any other in the past 20 years. 

“I’ve been arrested five times for political protest, and the precedent for sit-ins in the past has been a letter of warning/no report,” said Shingavi, who said that the university was trying unfairly to make examples of the students. 

Shingavi derided the university for capitalizing on its image as the home of the free speech movement while prosecuting students for peaceful protests. 

“It baffles me that the university is willing to go after three protesters while no other university across the country is doing the same thing,” he said. “It will speak volumes to how this university has changed in 30 years if the convictions are handed down.” 

More than 4,000 students appeared for the March event on the steps of Sproul Hall, called to protest the beginning on the American war on Iraq. The arrests began after 400 of the students entered the hall a sit-in. 

Tuesday’s hearing grew heated when Rajmaira accused Smith of participating in a “racially motivated” incident two years ago where—Rajmaira claimed—Smith had been arrested by Berkeley officers after confronting a group of Asian men. Rajmaira called the event “a very serious case,” and cited it as the principal reason for increasing Smith’s punishment beyond the letter of warning and community service he recommended for the others. 

An angry Smith called Rajmaira’s characterization of the incident “untrue, offensive and disgusting.” 

“It is true that I was involved in a fight off campus,” said Smith, who said he had confronted not the Asian men but the officer—who he thought was harassing the Asians. He said Rajmaira’s version of the incident proved “that [the university] is going to go after us in any way to railroad us. It shows that [Mr. Rajmaira] is not interested in the truth.” 

The tribunal then retreated into a closed-door session in which tribunal members examined the university report and consulted both sides. When the panel re-emerged, they voted to reject Rajimira’s account of the incident. 

Both sides continued to exchange words over the incident, with the students accusing Rajmaira of introducing the allegation in an effort to railroad the defendants and lambasting him for trying to label Smith a racist. 

Rajmaira responded in an equally hostile tone, “I’m not backing off one bit from what I think these records indicate.”  

At that point, panel chair and Physics Professor Burt Jacobson raised his hand to silence both sides. 

The three students also questioned the process used to single them out for punishment. When they cross-examined Rajmaira’s assistant, he said the three had been singled out for punitive action after he checked the records of all 119 students originally arrested at the protest and found that only Odes, Smith, Shingavi and one other student (who later accepted a plea bargain) had prior offenses. 

That question proved compelling enough to convince Jacobson to propose conducting his own independent records check to make certain that the three hadn’t been unfairly targeted—but he quickly learned that his inquiry might be derailed by issues of student privacy. 

The hearing closed after both sides finished their arguments and rebuttals and Jacobson announced that the panel would issue its recommendations in one week. 

Most of the small crowd of spectators quickly departed, leaving the room to the three students and a few supporters, who engaged in a spirited discussion of what had just happened. 

“I knew beforehand the university was going after us and that they wanted a conviction instead of the truth,” Smith said. “But I’m a little flabbergasted at the tactics [Rajmaira] used.” 

Shingavi agreed. “The arrogance of Rajmaira betrays the university’s idea that this is not a vendetta,” he said. 

Odes was more positive, saying that she thought the hearing allowed the students to make their case—but he agreed that they were under attack. “It proves how much they want to convict us,” she said. 

Rajmaira told a reporter he “was happy both sides were able to appear and I am awaiting the panels’ findings and recommendations.”

My first memory of Roger Montgomery was when I was a graduate student in the Department of City and Regional Planning at the University of California, Berkeley in 1978. I took his class on Community Development. Roger was well-known at the time as being a critic of the infamous federal “Urban Renewal” program that had displaced so many low-income minorities from inner-city neighborhoods during the 1960s that it had been informally renamed the “Negro Removal Program.” Roger had provided expert faculty support to a movement to block urban renewal in the west Berkeley flatlands, and had helped to stop a substantial degree of displacement that would otherwise have occurred. Roger was a passionate political progressive, and he brought his passions into his classroom teaching in a way that I greatly admired. I particularly remember him drawing a picture on the blackboard of the widely heralded urban renewal in the Hyde Park neighborhood of Chicago, home to the University of Chicago, and I was struck by the way a policy activist like Roger could think in such distinctly visual images.  

A short time later I was hired by Roger as a graduate research assistant and did a major project, inspired by Roger, on the history of urban renewal. My research was published in 1980 as what is now a quite well-known article in the urban planning field, “The Origins and Legacy of Urban Renewal.” This article was very controversial at the time, as it critiqued the prevailing view among planners that urban renewal was a “failure” that produced negative consequences that were not intended by the program designers and managers. I argued, with Roger’s enthusiastic support, that in fact urban renewal did exactly what it was designed to do, and that its intentions were clearly understood all the way back to the origins of the program originally called “district replanning” back in the 1920s. Roger helped stiffen my backbone and find the courage to stand my ground. In the end, with his help, we won this debate, and my historical argument, once so controversial, has since become the standard interpretation in the field, and within decade after publication the article was even called a “classic” by two distinguished urban planning scholars in a literature review. 

Many years after I left UC Berkeley as a “Dr.” I still frequently called upon Roger for advice and support. Two years ago I started working to create the Prague Institute for Global Urban Development, of which one of my other former UC Berkeley professors, Sir Peter Hall, is currently serving as Vice Chairman of the Board of Directors. From the very beginning I turned to Roger to assist in our efforts, and even though he was already retired from professional activity and severely ill with cancer, he readily agreed to serve as one of the founding members of our international Advisory Board. In his loving memory, the Prague Institute is now dedicating an annual fellowship and memorial lecture to Roger Montgomery 

I dearly loved Roger, and I will miss him more than words can say. My hope is that his soul is not completely resting in heaven, but that he is also still shaking up the system and fighting for social justice, which was always his favorite thing to be doing. May his life inspire many more urbanists to follow in his example, just as Roger as a young man was deeply inspired by his political hero, Norman Thomas. I suppose they will never give Nobel Prizes for urban radicals, but if they did, Roger Montgomery would be my prime candidate. 

Dr. Marc A. Weiss is Chairman of the Prague Institute for Global Urban Development in Prague, Czech Republic and Washington, DC.

Berkeley school district officials are preparing for discussions on an administrative overhaul for Rosa Parks Elementary School, after standardized test scores released last week showed that student performance declined. 

“It behooves us to start looking,” said Carla Bason, BUSD’s manager of state and federal programs. 

No administrative shakeup is imminent.  

Most parents taking their children to school this week said it was the standardized testing system, not the school, that was really failing the students. 

Results of the latest rounds of tests mandated under President Bush’s No Child Left Behind Act have thrust Rosa Parks into year three of a mandated program improvement regime, requiring the district to implement at least one of several corrective actions ranging from staff replacement to implementation of a new curriculum.  

The law requires substantial reforms for schools that fail to make what it defines as “Adequate Yearly Progress” on standardized tests for several years in a row, with each year bringing stiffer requirements. 

If Rosa Parks fails to meet state standardized test score goals next year, the district will be required to draft a plan to overhaul the school—which could include reopening it as a charter, contracting out management to a private company or a state takeover. The district would have the entire 2004-05 school year to submit the plan. 

The state would give BUSD discretion in drafting any plan, said Maria Reyes of the California Department of Education’s Title I Policy and Partnership Office. “It’s up to the district to do what they think is best,” she said. “I don’t think we’re going to second guess.” 

Reyes said a plan for alternative governance would not force the replacement of second-year principal Shirley Herrera, who parents have praised for bringing stability to the school after four consecutive years with four different principals. 

Rosa Parks first entered the program improvement track in the 1997-98 school year, Reyes said, after district tests showed lagging scores. To escape the process, the school must make “adequate yearly progress” for two consecutive years—which includes meeting state graduation and test participation rates, meeting mandated goals on math and reading proficiency tests and making continued improvements on overall test scores. 

The school faces also another significant obstacle: It’s classified as a “schoolwide school”— a status offered to schools with high percentages of students in federal free and reduced-price lunch programs—which gives the school greater flexibility in spending federal grant money but requires meeting stricter standardized testing goals. 

While many Berkeley schools only need to meet “annual measurable objectives” for the school as a whole and for economically disadvantaged children, all statistically significant subgroups at Rosa Parks must meet state standards. 

This additional requirement didn’t factor into the Annual Performance Index results released last week, which showed that the entire school had dropped 20 basis points on a variety of standardized tests. 

In August, a different round of tests showed that the school as a whole had surpassed state-mandated proficiency levels in English or Math but African American and economically disadvantaged students failed to meet state goals on both sections. 

To improve test scores, federal law requires the school to provide tutoring for struggling students who qualify for free or reduced-price lunches. 

In two weeks, as many as 30 students will begin the first in a series of eight-week programs designed to help improve English and Math skills. 

Rosa Parks was also required to provide tutoring last year as part of year two of program improvement, but the BUSD program—attended by 40 pupils—did not begin until February and only offered English assistance. 

This year, the program offers six tutors—mostly UC Berkeley students—with study groups consisting of three to five students. Enrollment has been tricky, administrators said, and because all parents received notices describing tutoring options irrespective of whether their child qualified, the school had to reject applications from parents of several high-scoring students. 

School administrators have been contacting parents of eligible students, urging them to apply. “The ones that I’ve called are interested, but that doesn’t mean they will turn in the applications,” said Mira Santos, a Rosa Parks administrator. 

To meet requirements for year three, the district is requiring all teachers at the largely Latino school to enroll in Project GLAD, a teaching method geared to teaching mixed classes of native English speakers and foreign students. 

The program helps teachers develop lessons that incorporate academic language so students are better prepared to take tests and read text books that rely on academic English, according to co-founder Marsha Brechter. She said the training can also help African American students—the subgroup struggling the most at Rosa Parks—if they come from an environment that does not use academic English. 

Program improvement also allows parents to switch their children to other schools. Some parents have complained that since there were no openings in the other two elementary schools in their zone—Thousand Oaks and Jefferson—they had been forced to stay at Rosa Parks. 

Bason said the district received approximately 20 requests for school changes from Rosa Parks. While some were denied due to lack of space in other schools, she said most requests were not related to concern over standardized test scores. 

Most parents interviewed said they had no thoughts of deserting the school. 

“The community is very motivated here,” said Cathy Duenas, the mother of a fifth grader, who said she was more concerned about the tests themselves than the student’s performances. She echoed several parents who expressed concerns about a district-wide trend toward larger class size, citing her son’s math class, which has one teacher for 37 students. 

Parents were universally opposed to any administrative shakeup. “That would be ridiculous,” said David Richie. “They have a great group of teachers and staff. That would only mess that up.” 

One seemingly insignificant requirement for standardized testing may soon land other Berkeley schools in a similar bind. 

Schools are required by federal law to test 95 percent of students, ostensibly to ensure that schools don’t pressure failing students to forgo the test to improve scores. But California doesn’t demand that students take the test, and many Berkeley parents who oppose standardized testing have opted out. 

Only three of Berkeley’s 15 schools met participation goals for tests released in August, and failure to do so for a second consecutive year would force them into program improvement as well.

Berkeley has sent seven firefighters and one engine to San Diego to do battle with the most destructive of the Southern California wildfires. 

Deputy Fire Chief David Orth said Berkeley likely would have committed an extra engine had local conditions also not been ripe for a wildfire. 

Firefighters remaining in Berkeley will work overtime to compensate for their reduced manpower, Orth said, adding that in the case of a brushfire, Berkeley can still field nine standard fire engines and two wildfire engines. 

“The problem now is depth,” he said, noting that many resources available to fight fires in Alameda County, including air support and prison crews trained to cut fire lines, have all been sent to Southern California. 

Of the seven Berkeley firefighters in San Diego, four were assigned to the engine, two are safety specialists and one is a member of his hometowns volunteer unit that was called into service.

The older son of notorious Berkeley landlord Lakireddy Bali Reddy was scheduled to enter a guilty plea today, Friday, Oct. 31, as part of the agreement that will complete the prosecution of family members for smuggling young Indian girls into the country for sex and cheap labor. 

Prasad Lakireddy, 44, was scheduled to stand trial in January on charges of immigration fraud and witness tampering. Last April, federal prosecutors had dropped the more severe charge of travel with intent to engage in sex with a juvenile. 

Lakireddy is the last member of his family to face prosecution. His father, brother, aunt and uncle all accepted plea bargains. 

The family members were charged after the death of 17-year old Chanti Prattpati from 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. She told federal authorities that she and her sister were flown to the United States and forced to have sex. 

Lakireddy attorney Paul Wolf and federal prosecutor Stephen Corrigan did not return calls about the plea to be offered before U.S. District Judge Claudia Wilken, who will then schedule a sentencing hearing. 

Last November, Wilken sentenced Lakireddy’s younger brother Vijay to two years in a minimum security prison after he entered a guilty plea to one count of immigration fraud. 

Prasad, Vijay and their father, Lakireddy Bali Reddy, are the subjects of a $100 million class action civil suit filed last year by nine Indian women and the parents of two others.

Stymied Car Theft 

A Berkeley man risked life and limb to keep a thief from making off with his car yesterday. Police said the victim and a co-worker were in the upstairs of his house on the 2500 block of Regent Street at 11:10 a.m. Wednesday when the victim spotted his car motoring down the street. 

The two men ran to the co-worker’s car and raced after the car thieves tracking them down at a red light on the corner of Ashby and Telegraph avenues. The victim then jumped out of the co-worker’s car and reached into his car clutching the driver with one hand and the steering wheel with the other. 

The thief tried to head south on Telegraph with the victim hanging along the side of the car, skidding onto the sidewalk in front of Whole Foods Market and continuing for about 60 feet until he crashed into a tree, sending the victim flying from the car. 

The driver then continued on the sidewalk to Webster Street, where he made it back onto the road and sped away.  

The victim’s co-worker, seeing that the victim was not seriously hurt, followed the car to Ashby and Shattuck Avenues, where the two thieves abandoned the car, which had suffered two blown out tires.  

Berkeley and BART Police, working on descriptions from witnesses, arrested Michael Dow, 33, a transient who they believe was the passenger in the car, for auto theft and felony hit and run. The driver of the car remains at large and police did not have a medical update on the victim. 

Hot Prowl Burglary 

A burglary suspect, scared off by the screams of a resident, ran into the waiting arms of a police officer arriving on the scene Wednesday evening. Police said a woman on the 2900 block of Hillegass heard someone trying to break into her apartment and called 911. 

When a man broke a window and entered her home, the woman began to scream, sending the man running out the front door—where he was met by an policeman responding to the call. The officer ordered the burglar to drop to the floor while he waited for backup to arrive. A further investigation found a 14-year-old alleged accomplice hiding around the corner. Police arrested Prince Bruton, 30, a vagrant, and the juvenile from San Pablo for attempted burglary. 

Courtesy Notices 

In response to concerns about people in wheelchairs navigating through congested sidewalks, the police department has printed up thousands of bright green courtesy notices residents can stick on the windshields of cars parked blocking city sidewalks. The notices carry no penalty and are intended to educate drivers about the hazards they are creating and the penalties associated with the violation. Cars that police find blocking sidewalks are ticketed $47.

Well, you gotta hand it to 9th District State Senator Don Perata. Thanks, in part, to a calendar-challenged Superior Court judge and Attorney General Bill Lockyer (both of whom seem to think that four days equals four years), Mr. Perata has figured out a way to stretch his term limit from the voter -mandated two to a more convenient (for him) three. Now it looks like Mr. Perata, may have simultaneously managed to snooker his toughest opponent out of the race against him.  

And by toughest opponent, I don’t mean our current 16th District Assemblymember, Wilma Chan. 

Like Inigo Montoya said in The Princess Bride, there’s too much here to explain, so I’ll just sum up. 

In 1998, Perata barely edged out then-State Assemblymember Dion Aroner in the Democratic primary to fill the unexpired State Senate term of Barbara Lee. (Some folks say that Mr. Perata won because he snookered Keith Carson into running, thus splitting the vote, but that’s another story.) (Oh. And some of the same folks say that Mr. Perata won because he got a boost from an illegal, last-minute loan from his father in excess of the Special Election contribution limit, a violation for which Mr. Perata was found guilty and fined by the California Fair Political Practices Commission, but that’s another story, too.) (Gosh, these Perata stories are beginning to add up to a whole book of these things.) 

Anyways, Mr. Perata ran unopposed in the 2000 Democratic primary, and got himself re-elected to his second term (or first term, if you count along with the attorney general and Judge James Richman) in November. Meanwhile, Ms. Aroner stayed in the Assembly until she was term-limited out in 2002. In April of this year, a California National Organization for Women newsletter announced that Ms. Aroner “will run for the state Senate when Majority Leader Don Perata ( D-Oakland), is termed out in 2004.” 

Like they say in the Hertz commercial, not exactly. Stick with me gang, ‘cause this is where it gets complicated. 

A couple of things then happened. In 2000, Wilma Chan wins the 16th California Assembly seat from the woeful Audie Bock, with the help of Mr. Perata (the Oakland Tribune calls her Perata’s “protégé”). And then, in 2001, the state legislature rearranges the boundaries of the 9th Senate District to fit population of the 2000 census. The new 9th District boundaries—surprise, surprise—better fits someone running from the southern part of the district (like, say, Alameda and Oakland, where Ms. Chan and Mr. Perata live) than it does someone from the northern part of the district (like, say, Berkeley, where Ms. Aroner lives). Well, maybe not so much of a surprise, since Mr. Perata has a big hand—maybe the biggest hand—in drawing the new lines. 

So a couple of more things happen.  

Ms. Chan announced that she was going to leave the Assembly after only two terms (she has the right to try for three) to run for the 9th Senate District seat that Mr. Perata is (involuntarily) vacating. Thereafter Ms. Aroner, looking at a race against a popular legislator in a district with a lot of voters who don’t know Ms. Aroner, figures that she’d have to run too negative a race to win, and decides she’s not going to run for the State Senate. 

But, suddenly, an odd twist in the story.  

Out of the blue, Mr. Perata decides he wants to run for the State Senate again. He gets State Attorney General Lockyer to agree, even though the term limit law seems to mandate that Mr. Perata cannot serve another term. Everybody assumes that Ms. Chan will now drop out of the race in favor of Mr. Perata, but when I talk to her staff some days after the Lockyer opinion, they tell me that “Wilma is in the race to stay.”  

Okay. Looks like we’re going to have an interesting Senate race in 2004: Chan v. Perata.  

The Protégé Bites Back. 

It looked even more interesting when two East Bay women—with Chan’s support—bring a lawsuit into Superior Court, asking Judge Richman to rule that Perata can’t run for another term.  

Earlier this month, the judge denied their request. But here’s where it got bizarre.  

According to the Tribune: “Chan, who backed the lawsuit leading to this decision, said she’ll consult her attorney and supporters before deciding whether to support an appeal. But she also said she’ll consult Perata, a sign that this challenge to his candidacy was made with his consent—a politically shrewd tactic to preempt any similar lawsuit by Republicans.” 

That left some Aroner supporters absolutely fuming, in the belief that from the beginning this whole thing was a dance set to music by Mr. Perata, having Ms. Chan hold his place in line to keep Ms. Aroner out of the race, with Mr. Perata then jumping back in at the last minute, too late for any serious challenger (Ms. Aroner especially) to take him on. I’ve got calls in to Ms. Chan’s office to get their side of this interesting story, but so far, this looks like as good a case of political snookering as I’ve seen in quite a while.

In The New York Times the other day, Iraq’s new interim president, Iyad Alawi, thanked Americans for liberating his country and then made a simple request: please bring back the Iraqi army.  

Given what we just put into defeating the Iraqi army, that might sound like an odd proposal. But it’s difficult to find anyone today who thinks disbanding the Iraqi army was a good idea in the first place. And few thought it was a good idea at the time. Doing so not only worsened the security vacuum that now plagues the country, it took hundreds of thousands of armed men and—in a pen stroke—made them both unemployed and harder to control.  

Who was the senior administration official most responsible for this ill-conceived idea?  

Vice President Dick Cheney.  

If that surprises you, it shouldn’t. The rough patch the White House has been in since the beginning of the summer has provided an abundance of new evidence for the great open secret of the Bush era: the serial poor judgment and, in many cases, manifest incompetence of the vice president.  

Don’t believe me? Just start with the still-brewing scandal over the outing of Valerie Plame.  

Two weeks ago Sen. Chuck Hagel (R-Neb.) gave voice to widespread and well-founded suspicions that Cheney’s office is the epicenter of the plot to expose Plame’s identity as a clandestine CIA operative. But the Plame story is just the latest chapter in an almost-two-year tug of war over claims that Iraq was trying to purchase uranium from Niger.  

It started when Cheney’s request for more information about the already-discredited Niger charges triggered the CIA’s decision to send former Ambassador Joe Wilson to Niger. It heated up in the fall of 2002 as the CIA and the White House wrestled over whether the uranium claims should appear in the president’s speeches. And it hit a climax when the charges got into the president’s 2003 State of the Union address.  

As those who have followed these stories know, the thread that connects each of these incidents is the central involvement of the Office of the Vice President. Cheney’s recent effort to revive the now thoroughly discredited tie between Saddam Hussein and the Sept. 11 attacks was only the most recent, most public and most embarrassing instance of his role in misguided and manipulated uses of American intelligence.  

As I wrote almost a year ago in The Washington Monthly, take almost any blunder, miscalculation or bad act from the Bush White House and you’ll find Dick Cheney behind it.  

Consider a few more examples.  

What was the main legacy of the vice president’s energy task force? A bill? No, it was embroiling the administration in a series of controversies and lawsuits all tied to Cheney’s insistence on running the outfit with a near-Nixonian and ultimately self-defeating secrecy.  

Cheney was also responsible for shelving the recommendations of the Hart-Rudman commission so that he could spearhead his own task force so that he could put the administration’s stamp on whatever anti-terrorism reforms eventually got adopted. But Cheney got distracted by other matters, and his task force didn’t get down to business until after Sept. 11.  

After the attacks, Cheney was one of several key advisers arguing that the White House should keep Tom Ridge’s Office of Homeland Security within the White House rather than upgrade it to a Cabinet department and thus open it to congressional scrutiny. Cheney’s obstinacy ensured that the administration’s efforts on Homeland Security were stuck in neutral for nearly eight months.  

In March 2002—right about the time he started poking his nose into the Niger uranium business—Cheney embarked on his only major diplomatic initiative: a tour of Middle Eastern capitals to line up support for war against Iraq. The initiative was a test-case for the first principle of Cheney’s foreign policy: that a strong hand from Washington is the key to building consensus among America’s allies.  

The vice president went to the region to get moderate Arab leaders to line up behind the United States against Iraq. But when he returned a week later, those friendly Arab states were reconciling with Iraq for the first time in more than a decade at a summit of the Arab League in Beirut. It was a major embarrassment for the White House and a signal rebuke for Cheney’s brand of clumsy, strong-arm diplomacy.  

Oh, one last goof: Cheney and the now-fired Larry Lindsey were the two principal voices responsible for the president’s early and self-defeating opposition to the serious securities law reform that eventually became Sarbanes-Oxley bill.  

Certainly those various Cheney initiatives are ones I would personally disagree with. But in almost every case time has shown they were substantively and politically misguided as well as damaging to the administration.  

Because he’s the consummate insider and so many Washington players have known him for years, Cheney has been able to maintain a reputation as the Bush administration’s steady hand at the tiller. The reality has always been otherwise.  

Now official Washington may finally be starting to see the light.

The name of artist-writer Karen Kemp in the story about Berkeley paths on page 20 of the Oct. 24-27 issue was incorrectly reported as Karen Kerm.

Editor’s Note: This is the third in a series by UC Berkeley journalism students on the paths of Berkeley.  

At 1095 Keeler Ave., a modest modern house stretches across a small sloping lawn. Inside someone is playing the piano. Soon a honeyed, baritone voice joins in, singing “In the Wee Small Hours of the Morning” alongside. The effect is both beautiful and haunting, as the melody spills out of the windows on a hot afternoon. The voice belongs to George Turman, 76, a professional musician originally from Nashville. He’s also the pianist.  

“George came out to Berkeley in 1943 to go to Cal, “ says Nebraska native Janet Turman, his wife of 40 years. “He usually plays sax, but taught himself to play piano...Honey, do you sing as a tenor?” 

“No, I sing as a baritone,” replies George.  

Bret Harte Path begins two doors down from the Turmans. Five flights of concrete steps lead upward—ivy on either side—before the path dissolves into the dried grass and brush between the backyards of 1099 and 1103-5 Keeler Ave. Here it becomes impassable. 

The historic walk was named after the San Francisco writer and journalist who chronicled frontier California in the 1860s and 70s. It once served as a shortcut from Bret Harte Road to Sterling Avenue (named for writer George Sterling), and vice versa, cutting out a looping, circuitous route.  

A bit further on Keeler, Gail Greenwood, a 36-year-old strawberry blonde commercial lawyer, holds a baby boy with lively blue eyes. They’re cooling off in the shade. “I often take the paths around here for recreation, “ says Greenwood. “The entrance to Sterling Path is just past the orange van on the left.” 

The Sterling Path steps are concrete and uneven; utilitarian metal banisters parallel each flight. After the third flight, the path turns to dirt. Wild blackberry bushes meet large droopy pink flowers on long green stalks. The flowers grow haphazardly out of matted dry grass and give the path an ambiance of a science fiction set. Before long, the path becomes concrete again and ends at Cragmont Avenue—its final flight carpeted with the palest evergreen needles, blanched by the sun.  

About 30 years ago, A.J. Ayres and other kids in his neighborhood rode their BMX bikes to Crescent Park, a private park with three inlets in the Park Hills area of Berkeley. The park has served the neighborhood for more than a half-century. He remembers they would stage plum fights there in August, when their ammunition got spoiled and wouldn’t hurt as much. 

“(The park) is something everyone enjoys,” said Ayres, 34, from his house near the park. “Kids play there all the time. Everyone watches out for everyone in this neighborhood.” 

Each of the three paths leading to the park has its own character. Two of them slope, while the third is level. The park sits on top of a hill encircled by a street, the Crescent. 

The northern path features 25 wooden steps. In late summer, the ground beyond is dried and cracked. A weathered wooden gate at the edge of the park leads to a canopy of trees—the plum ammo dump, ripe with fallen fruit covered in ants. From the canopy, the path suddenly opens up onto the park. A stone wall forms the foundation of one corner. 

The south-facing path is paved with concrete. Somebody recently chalked a drawing that looked almost cubist on the path near the park boundary. This path is mostly flat, bordered by a brick-and-wood fence and tall shrubs. 

The widest path, facing northeast, is strewn with bark chips. A water fountain built from four cinder blocks sits on one side, with a box that dispenses plastic bags for dog clean-ups on the other.  

The park, surrounded by houses, has a swing set, basketball hoop with net intact, and a new children’s play structure. The park was empty early one Monday afternoon and at dusk. 

The neighborhood got its start in 1938, when the Mason-McDuffie Company bought about 70 acres from local water companies to form a residential development of upscale single-family homes, said Paul Grunland of the Berkeley Historical Society in a telephone interview. Grunland wrote in a guided tour of the area that the development was annexed by the city of Berkeley in 1958, the last expansion of the city.  

Olmsted Brothers, a landscape architect firm, designed the street layout and included parks within the blocks. Individuals bought sections of land, hired architects, and built their houses, which led to the diversity of architectural styles. 

Mason-McDuffie also created the Park Hills Homes Association to oversee maintenance of the parks, which it does today. Residents pay for maintenance and insurance of the paths and parks with annual dues, around $100, said Dave Quady, former president of the association.

Dear Becky:  

I am aware that you purchased the Daily Planet to allow the residents of Berkeley greater access to your views on development in Berkeley. You have been a vigorous and colorful opponent of many development projects in Berkeley, and virtually all of the mixed-use, mixed income projects I have done downtown. As a private citizen you are, of course, granted enormous latitude in your rhetorical excesses, such as likening the construction of the Gaia Building to the development of "strip mall." (Oak. Trib. May 6, 1998) 

In the past, I have cheerfully accepted such dialogue as part of the give and take that accompanies development in Berkeley.  

Your most recent article about me in the Daily Planet, however, was not an opinion piece, but was offered as a "news article." It contained several statements that were misleading or false, and is evidence of a a reckless disregard for the truth.  

Your headline, to begin with, is a libelous, and erroneous statement of "fact." It states "Two Kennedy Buildings Pay No Berkeley Tax."  

This is false.  

Fact: The Gaia Building paid property taxes in 2002 of $153,881.26, including $26,043.72 that went to the City of Berkeley and the Berkeley School District, and $2,131.95 to Peralta Community Colleges. 

Fact: The Berkeleyan Apartments paid property taxes in 2002 of $78,677.76, including $14,751.35 that went to the City of Berkeley and the Berkeley School District, and $956.16 to the Peralta Community Colleges. 

Your headline states that no taxes were paid to the city, and intimates that that no taxes were paid at all. 

A cursory investigation of the property tax records would have shown you falsity of your claim. You apparently chose not to actually investigate the details of the matter, or to ignore them altogether. 

We have paid all taxes assessed by city and the county on both buildings, and will work with them to correct any oversights in their record or procedures. It is worth noting that whatever errors may be involved here are solely the responsibility of the city, and that all the other properties that I am involved in—including 3 now under construction are accurately assessed. (Your reporter, Jesse Taylor, informed me that, among others, he looked up the ARTech Building, completed in 2001, and found it is accurately assessed on the tax rolls Any reason why he failed to mention that?) 

I request a retraction of the falsehoods in your article in the next edition of the Planet, in a place of similar prominence and size on the front page.  

Sincerely,  

Patrick Kennedy 

Dear Patrick, 

The Planet stands by the accuracy of its story on your buildings which appeared in Friday’s paper. Nothing in that story is in conflict with the two “facts” which you cite, both of which are true but not the whole truth. You do not cite any particular statement in the article as being “misleading or false”. 

Regarding the headline, it was perhaps excessively condensed to meet space requirements. “Berkeley Tax” was intended to be a short way of describing Berkeley’s own special fees and assessments, and did not include the state ad valorem taxes which you mentioned, none of which are assessed by the city of Berkeley. If you had any further information to offer regarding any more taxes which you pay on your buildings, you could have given it to Jesse Taylor when he talked to you last Thursday. Nevertheless, if you say so, we would be happy to run the lead from Friday’s story as a front page headline in a later paper in order to make our point even more clearly: 

At least two major properties built by prominent developer Patrick Kennedy are not paying Berkeley special fees and assessments, according to Alameda County property tax records and officials interviewed by the Daily Planet. 

But are you sure that’s what you want us to do? 

Best regards, 

Becky O’Malley

TUESDAY, OCT. 28 

Human and Ecological Health Risk Assessment of the Lawrence Berkeley Lab  

A workshop for the public by the California Department of Toxic Substances Control at 6:30 p.m. at the North Berkeley Senior Center. For information call 866-495-5651, or 540-3932. 

Berkeley Organization for Animal Advocacy will screen “Lolita: Slave to Entertainment,” about a killer whale and the dark side of the aquarium industry, at 7 p.m. at 206 Dwinelle, UC Campus. www.ocf.berkeley.edu/~boaa 

Berkeley Camera Club meets at 7:30 p.m., at the Northbrae Community Church, 941 The Alameda. 525-3565. www.berkeleycameraclub.org 

St. John’s Prime Timers meets at 9:30 a.m. at St. John’s Presbyterian Church, 2727 College Ave. We offer ongoing classes in exercise and creative arts, and always welcome new members over 50. 845-6830. 

Tuesday Tilden Walkers We are a few slowpoke seniors who walk between a mile or two each Tuesday, meeting at 9:30 a.m. in the Little Farm parking lot. To join us, call 215-7672.  

Lawyers in the Library at 6 p.m. at the West Branch, 1125 University. 981-6270. 

WEDNESDAY, OCT. 29 

“Indefinite Detention and the Politics of Containment” with Judith Butler, Professor of Comparative Literature and Rhetoric, at noon at 145 Dwinelle, UC Campus. Sponsored by the UC Berkeley Faculty-Staff Peace Committee and the Peace Studies Student Association. 

“Secrets Lies and Empire” with Daniel Ellsberg, at 7 p.m. at 100 Lewis, UC Campus. Sponsored by the UC Berkeley Faculty-Staff Peace Committee and the Peace Studies Student Association. 

An Evening with Studs Terkel, “Keeping the Faith in Difficult Times,” a conversation with Harry Kreisler, producer and host of Conversations with History, at 8 p.m. in Wheeler Auditorium, UC Campus. Sponsored by UC Institute for International Studies, KPFA Free Speech Radio, and Mother Jones Magazine. Tickets are $18, students $12 and are available from Cody’s Books or 642-9988. www.calperformances.org 

Touch Screen Voting Issues Educational Forum from 5:30 to 7:30 p.m. in Oakland City Hall, Hearing Room 2. Sponsored by the Oakland League of Women Voters. 834-7640. 

“The Hidden Connections: A Science for Sustainable Living” with Fritjof Capra, Ph.D., physicist and systems theorist, a founding director of the Center for Ecoliteracy, at 4 p.m. at 160 Dwinelle Hall, UC Campus. Sponsored by The Altieri Agro- 

ecology Lab and The Center for Sustainable Resource Development. 643-4200. 

“Common Grounds: Land, Coffee, and Rural Organizing in Guatemala” with Paulina Culum, a small coffee producer and organizer, describing the work of Plataforma Agraria at 7 p.m. at the Ecology Center, 2530 San Pablo Ave, near Dwight Way. 548-2220, ext. 233. 

“Wicked John and the Devil” A night of Halloween storytelling for youth ages 8 and up, at 7:30 p.m. in the fourth floor storyroom at the Berkeley Central Library at 2090 Kittredge. 981-6223. www.infopeople.org/bpl 

Haunted Honeymoon An old-fashioned haunted house, fun for all ages, in a private home. 1818 5th St. Open Oct. 29, 30 and 31 from 7 to 10 p.m. Cost is $5, children 12 and under free. Benefits Greyhound Friends for Life. www.BerkeleyHauntedHouse.com 

“The World Community and International Human Rights: Are Things Getting Any Better?” with Maurice Copithorne, Professor of Law, University of British Columbia, at 7:30 p.m. at International House, Home Room, Piedmont at Bancroft. 642-9460. 

Berkeley High School Academic Quiz Bowl Practice Session, last Wednesday of the month at 7 p.m. at Barnes and Noble, 2352 Shattuck Ave.  

THURSDAY, OCT. 30 

Free Weatherization Information and free energy-saving compact fluorescent lamps, low-flow showerheads and aerators, will be offered at West Berkeley Senior Center 10 to 11 a.m., South Berkeley Senior Center 11:15 a.m. to 12:15 p.m. and North Berkeley Senior Center 12:30 to 1:30 p.m. Sponsored by the City of Berkeley Energy Office, together with California Youth Energy Services and Community Energy Services Corporation. 981-5435.  

Personnel Issues and Organizational Development for Non-Profits Free workshop on developing strategies to keep staff motivated during difficult fiscal times while staying true to organizational goals. Held from 9:30 a.m. to 12:30 p.m. at the Alameda County Conference Center, 125 12th Street, 4th floor. Sponsored by Alameda County Supervisor Keith Carson. To register, please call Felicia Moore-Jordan at 268-5376.  

“The WTO and its Critics: Perspectives on Cancun” a panel discussion from 5 to 7 p.m., Morgan Lounge, 114 Morgan Hall, near Hearst and Arch Streets, UC Campus. Sponsored by the Center for Sustainable Resource Development, College of Natural Resources, UCB and Graduate Student Pizza & Policy Organizing Committee. 643-4200. 

City Commons Club Noon Luncheon with Henry E. Brady, Ph.D., Professor Political Science, UCB, “California After the Recall Election.” Luncheon 11:45 a.m. $11.50 - $12.50, Speech at 12:30 p.m., at the Berkeley City Club, 2315 Durant St. For information and reservations call 526-2925 or 665-9020. 

“Deceptions and Cover-Ups: Fragments from the War on Terror” film showing, “Jenin, Jenin” plus a slide show and presentation by John Caruso, ISM member, at 6:30 p.m. in the Main Meeting Room of the Berkeley Central Public Library, 2090 Kittredge. Co-sponsored by Berkeley Peace Walk & Vigil. 

Reflections on Old Ocean View with Barbara Gates, author of “Already Home,” Janet Lukehart, Good Shepard archivist, and Stephanie Manning, Ocean View resident and poet. At 7:30 p.m. in the Church of the Good Shepard, at 9th and Hearst. Lecture is part of the 150th Anniversary of Ocean View, Berkeley’s earliest settlement, sponsored by The Berkeley Architectural Heritage Association and Berkeley History Society. Tickets are $10. For information call 841-8562.  

“The Human Rights Situation in Iran: What Can the International Community Do About It?” with Maurice Copithorne, Professor of Law, University of British Columbia, at 7:30 p.m. at International House, Home Room, Piedmont at Bancroft. 642-9460. 

FRIDAY, OCT. 31 

“East Asia at Berkeley” a series of panel discussions covering historical, political and cultural topics, through Sunday, Nov. 2 at the Faculty Club, UC Campus. For program information see http://ieas.berkeley.edu/aab 

Overeaters Anonymous meets every Friday at 1:30 p.m. at the Northbrae Church at Solano and The Alameda. Parking is free and is handicapped accessible. For information call Katherine, 525-5231. 

SATURDAY, NOV. 1 

East Bay Wetlands Restoration Join us for our regular drop-in volunteer days at Arrowhead Marsh, for a chance to learn about the ecology of the Bay and see some of the last remaining wetland habitat in the East Bay. We will be planting for the native plant project. Gloves, tools and snacks are provided. Please dress in layers and bring sunscreen and water. All ages and physical abilities are welcome. Please RSVP groups with 10 or more. Held from 9 a.m. to 12:30 p.m. at the Martin Luther King, Jr. Regional Shoreline, Oakland. For information call 452-9261.  

Native Plant Walk in Huckleberry Park Meet at Ashby BART, east side entrance to carpool at 12:40 sharp, or at Huckleberry Parking Lot at 1 p.m. Heavy rain cancels. $10 suggested donation. 658-9178.  

Carnivorous Plants Workshop Learn how to create a carnivorous plant bog garden with horticulturist Judith Finn. Participants can buy a kit at the workshop. From 10 a.m. to noon at the Botanical Garden, 200 Centennial Drive. Cost is $25-$35 and reservations required. 643-2755. garden@uclink.berkeley.edu 

Fall Permaculture: Native Plant Propagation Bring back the natives to your yard and soon the butterflies, bees and other native insects will follow. We’ll also cover how to set up a nursery. Any rain cancels. Held from 10 a.m. to 1 p.m. at Wildheart Gardens, 463 61st Street, at Telegraph. $10 Ecology Center members, $15 others, no one turned away. 548-2220, ext. 233.  

The Changing Face of Downtown Berkeley Berkeley Historical Society tour, begins at 10 a.m. meeting at the north-west corner of Grant and University. Reservations and a donation of $8 required. Please make check payable to Berkeley Historical Society, and mail it to P.O. Box 1190, Berkeley, CA 94701-1190. 848-0181. 

Behind the Scenes at the Hearst Museum and Bancroft Library Berkeley Historical Society tour, from 2 to 4 p.m. Reservations and a donation of $8 required. Please make check payable to Berkeley Historical Society, and mail it to P.O. Box 1190, Berkeley, CA 94701-1190. 848-0181. 

Lead-Safe Painting and Remodeling Class Taught by staff from the Alameda County Lead Poisoning Prevention Program, this course offers simple solutions property owners can use to safely repair and renovate their homes. Held from 9 to 11 a.m. at the ACLPPP Training Center, 1017 - 22nd Ave, Suite #110, Oakland. Free to homeowners, landlords, and maintenance crews of pre-1978 residential properties in Alameda, Berkeley, Emeryville, or Oakland. For information call 567-8280. www.aclppp.org/homeown 

Home Buyer Education Seminar, with Lois Kadosh, who will cover what you should know before you buy. This free event will be held from 10 a.m. to 1 p.m. at the Berkeley Association of Realtors auditorium at 1553 Martin Luther King Jr. Way at Cedar St. Reservations can be made by calling Daniel at 528-3400.  

Show Ya Stuff B-Ball Classic, for 10 and under through 14 and under teams. Held Sat. and Sun. at Portola Middle School in El Cerrito. For more information call 978-6585 or email twoniknik@yahoo.com 

Transforming Anger Workshop with Leonard Scheff from 1:30 to 4:30 p.m. at Elephant Pharmacy, 1607 Shattuck Ave. 525-3948. www.transforminganger.com 

Making Room for Balance, a meditation and daily practice workshop from 9 a.m. to 3 p.m. at the Tibetan Nyingma Institute, 1815 Highland Place. Wheelchair accessible. Cost is $65, scholarships available, lunch included. 843-6812.  

Pet Adoptions, sponsored by Home at Last, from noon to 5 p.m., Hearst and 4th St. 548-9223. 

Sick Plant Clinic is offered by the Botanical Garden, 200 Centennial Drive, from 9 a.m. to noon. Free. 643-2755. 

Car Wash Benefit for Options Recovery Services of Berkeley, held every Sat. from 9 a.m. to 2 p.m. at the Lutheran Church, 1744 University Ave. 666-9552. 

SUNDAY, NOV. 2 

Dennis Kucinich, Democratic Candidate for President, in a town hall meeting, from 3 to 4:30 p.m. at Taylor Memorial Methodist Church, 1188 12th St., Oakand, followed by a fundraiser from 5 to 8 p.m. with Rep. Barbara Lee and Danny Glover at Zazoo’s, 15 Embarcadero West, Oakland. 415-927-2004, ext. 33. 

Free Sailboat Rides between 1 and 4 p.m. with the Cal Sailing Club. Bring warm waterproof clothes and come to the Berkeley Marina. For more information call 287-5905. www.calsailing.org 

Mysticism/Tibetan Buddhism Lama Ando on “Teachings and Stories from a Tibetan Mystic,” at 6 p.m. at the Tibetan Nyingma Institute, 1815 Highland Pl. 843-6812. www.nyingmainstitute.com 

MONDAY, NOV. 3 

Fish: Eating Right for the Environment Serena Spring of Monterey Bay Aquarium’s Seafood Watch program will talk about choosing seafood that is good for you and the oceans also, at 7 p.m. at Albany Community Center, 1249 Marin. Sponsored by Friends of Five Creeks. 848-9358. 

The National Organization for Women, Oakland/East Bay Chapter will hold its monthly meeting from 6 to 8 p.m. in the Boardroom, Oakland YWCA, 1515 Webster St. Valerie Edwards from the UC School of Social Welfare will discuss diversity. 287-8948. 

“Deconstructing Democracy: Israel, Palestine and the Middle East” with Dr. Yossi Beilin, one of the architects of the Oslo peace process and former member of the Israeli Knesset at 7:30 p.m. at 2060 Valley Life Sciences Bldg. UC Campus. Sponsored by Berkeley Hillel, UC Center for Middle East Studies, and Tzedek. www.berkeleyhillel.org 

Berkeley Biodiesel Cooperative Orientation at 7:30 p.m. Some technical questions can be answered. Call for location. 594-4000, ext. 777, berkeleybiodiesel@yahoo.com  

Berkeley CopWatch organizational meeting at 6 p.m. at 2022 Blake St. Join us to work on current issues around police misconduct. Volunteers needed. For information call 548-0425. 

ONGOING 

Tenants Rights Week Stop by the booth in Sproul Plaza, 9 a.m. to 5 p.m. until Oct. 31, to learn about your rights. Sponsored by ASUC Renters Legal Assistance and Berkeley Rent Stabilization Board. 644-6128.  

Flu Shots will be offered during the month of October by Sutter VNA and Hospice. For a location near you please call 1-800-500-2400 or visit www.suttervnaandhospice.org 

Free Energy Bill Payment Assistance The City of Berkeley has money to help low-income households pay their gas and electric bills. For applications contact the Energy Office at 644-8544. TDD: 981-6903. www.ci.berkeley.ca.us/energy 

CITY MEETINGS 

Berkeley Rent Stabilization Board meets Mon., Nov. 3, at 7 p.m., in City Council Chambers, Pam Wyche, 644-6128 ext. 113. www.ci.berkeley.ca.us/rent 

Landmarks Preservation Commission meets Mon., Nov. 3, 7:30 p.m., at the North Berkeley Senior Center. Gisele Sorensen, 981-7419. www.ci.berkeley.ca.us/ 

commissions/landmarks 

Peace and Justice Commission meets Mon., Nov. 3, at 7 p.m., at the North Berkeley Senior Center. Manuel Hector, 981-5510. www.ci.berkeley.ca.us/ 

commissions/peaceandjustice 

Youth Commission meets Mon., Nov. 3, at 6:30 p.m., at 1730 Oregon St. Philip Harper-Cotton, 981-6670. www.ci.ber- 

keley.ca.us/commissions/youth

PROPERTY TAX  

Editors, Daily Planet: 

Food for thought: Might it not be fairer if any increase in property tax for our city’s coffers be voted on only by those owning property? Also, if a property tax increase were to occur, shouldn’t there be an automatic provision to allow those renting property to increase their rents due to higher operating costs? Just wondering.  

Bruce Nalezny 

• 

GILL TRACT SOON TO BE GONE 

Editors, Daily Planet: 

Last Saturday, I visited the Harvest Festival at the Gill Tract. This is UC’s agricultural experiment station, just over the border in Albany, at San Pablo and Marin. 

This may be the last such festival. UC wants to shut down the Gill tract as an urban agriculture operation, and replace it with housing. Agricultural research is supposed to clear out Nov. 1. I was one of many who signed a petition to keep the research going until the bulldozers actually move in, which could be next year, or farther off, depending on bureaucracy. 

We had lectures and tours of the fields. I learned that planting a “monoculture”—all the same kind of plant—makes those plants more likely to all be attacked by the same pests. Diversity is both natural and better agriculture. Much of the research was about how to mix plant types, when to plant them, and how much weeding should be done. 

I saw rows of cabbage, mixed with Buckwheat and Phacelia. Such plants are chosen because their flowers attract beneficial insects (such as those which eat aphids) and because they facilitate nitrogen fixing in the soil.  

The experimental rows of cabbage were in a small plot. Just beyond, taped off from the rest, was a much larger planting of corn. These plants, we were told, are transgenic experiments, funded by some big corporations. 

Some of the Gill Tract research may go to the plot on the Oxford Tract. This is closer to campus, but much smaller. Other options are much farther away. The fact is that agricultural research is not a high priority at UC Berkeley. These days, housing is much more important. Unfortunately. the Gill Tract is ripe for paving over and planting cars.  

UC is supposed to be a Land Grant college, dedicated to support of the California farmer. A speaker pointed out that, being publicly funded, UC should keep places like the Gill Tract, to be able to study “Urban Agriculture”—growing small crops within the city to avoid high transportation costs. This has been successful in Cuba. 

In this country, the emphasis is on big-time agribusiness, selling chemical pesticides. One speaker said this gives us mass-produced unhealthy food brought to us by long-distance transportation, and the small farmers are squeezed out. Urban agriculture isn’t even considered. Big crops make the money—and sell the chemicals. Corporate research grants are nice, but they tend to “skim the cream” by concentrating on patentable techniques and products. General research such as sustainable agriculture tends to be sidelined for lack of people (funds) to work on it. 

It’s really too bad that the Gill Tract, the last local outpost of urban agriculture, is to be swallowed up by apartments and rows of parked cars. The housing won’t even be affordable. If it’s like the recent new construction at University Village, graduate student families will be paying $1,400 a month. 

Money talks. UC stands to make a lot of money from developing the Gill Tract. Maybe there will be a big demonstration when the bulldozers roll into the Gill Tract, something like the events at People’s Park. The park is still there and thriving; it didn’t get paved over. 

Steve Geller 

• 

THE FICTITIOUS WAR  

Editors, Daily Planet: 

Is it just me, or has anyone else noticed that over the past year our president and his staff have waged a war based upon lies and fabricated evidence? In my book this constitutes mass murder and conspiracy to commit mass murder. Seeing as how there have been more deaths in Iraq on account of the “war” than there were in the 9/11 attacks I might even go so far as to label it a crime against humanity. 

Funny how I have not seen the mass of righteous indignation that one would expect from a healthy democracy when its leaders commit such high crimes. By now I would have expected an impeachment and a string of indictments, followed by an in-depth public debate about how our so-called leaders were allowed to commit such atrocities. 

I’m beginning to worry about the health of our democracy. 

George Palen 

• 

KILLING LIKE GENTLEMEN  

Editors, Daily Planet: 

Congratulations to Kathryn Winter for lending support to the pro-Israel bomb threat-makers by favorably contrasting their ethics to those Palestinian “suicide bombers” she abhors (Letters, Daily Planet, Oct. 14-16). Perhaps she should lobby Congress for $10 billion a year in taxpayers’ money to supply Hamas with tanks, Apache helicopter gunships, F-16s and bulldozers. That way, they can stop their abhorrent practices and kill like gentlemen—as the Israelis do.  

P.S.: Please withhold my name, as I’d like to avoid death threats from the supporters of “democratic” Israel.  

Name withheld  

• 

XXXXXXXXXX  

Editors, Daily Planet: 

There are increasingly frequent news stories about the security of our voting machines. In November 2002, congress passed The Help America Vote Act (HAVA) which allocated $3.8 billion to encourage states to buy the latest voting technologies. Some people feel that there was not sufficient thought or planning put into place to accomplish this massive change to our voting systems. 

For us in Alameda County this issue centers around the Diebold touch-screen voting machines - referred to as Direct Recording Electronic machines or DRE. Many concerned computer scientists have supported the use of a voter verified paper audit trail(VVPAT) as a preventative to malicious tampering and fraud that is possible in a system that is under trade secret protection and not open to public scrutiny. Most recently, the John Hopkins report on the Diebold machine has exposed poor security techniques in its code which has caused rising concern in the voting community. 

The Oakland League of Women Voters has put together an excellent panel for the Educational Forum - Touch Screen Voting Issues. The meeting will be on 

Wednesday, October 29th 5:30 - 7:30 

Oakland City Hall - Hearing Room 2 

Speakers 

Marc Carrel, Assistant Secretary of State for Policy and Planning and 

Co-Chair of the State’s Ad Hoc Touch Screen Task Force 

Elaine Ginnold - Asst. Registrar of Voters and LWVO Board member 

Dr. Barbara Simons - Past President and Fellow of the Association for  

Computing Machinery (ACM), and founder of ACMs US Public Policy Committee  

(USACM), which she currently co-chairs 

Genevieve Katz 

Oakland 

They call it the Shipyard, and it’s a lot like Jim Mason’s art—so grandiose and revolutionary that some people just don’t know quite what to make of it. 

When Mason, an icon of the Burning Man Festival, ringed a West Berkeley lot with 27 shipping containers two years ago to provide artists with studio and storage space around a shared courtyard, he found himself besieged, first by kinetic sculptors looking for affordable digs, and then by building inspectors, wondering if the project could possibly be legal. 

It wasn’t, of course. 

At least not until last Thursday, when about 150 local artists, joined by Burning Man Festival founder Larry Harvey, jammed into City Council chambers to hear the Zoning Adjustments Board consider a use permit for the property. 

ZAB chair Laurie Capitelli needed both hands to grip the hefty stack of cards identifying the artists who, one-by-one, testified about the sad plight of anyone looking for creative space in the pricey Bay Area and sang the praises of the unique benefits of Mason’s creation. 

When the board gave its unanimous approval to the permit, they were saluted with resounding cheers. 

“I don’t know of any other place where people aren’t limited by a ceiling,” said Kiki Pettit, a Shipyard artist whose Egeria fountain was given top billing at last year’s Burning Man festival in Nevada. 

Pettit said she would have needed about 1,000 square feet to build her creation in a warehouse—where the going rent is $1 per square foot. At the Shipyard she paid just $300. 

Pettit’s creation stood a dozen feet tall, dominated by three copper bowls supported by steel beams—a work she says was too big to be constructed anywhere but under the sun. Atop the fountain sat a sobbing Egeria, the Roman goddess who myth says cried so hard for a lost love that she melted into a fountain. Encircling Egeria, 20 fish spat streams of water that cascaded down the rims of two smaller bowls into a 10-foot basin beneath that held more than a ton-and-half of water, atop which floated a crown of burning fuel. 

Entering the Shipyard, a visitor is surrounded by the larger-than-life remnants of Burning Man creations scattered throughout the yard. To the left, a six-foot head perches atop a 1940’s amphibious cargo ship while dead ahead is a machine that resembles an eight-foot jelly donut in which the rider sits between two giant independently revolving wheels, powered by a wheelchair motor. 

This was precisely the sort of work Mason had in mind when he leased the 8,000-square-foot property—which formerly housed an art gallery—at 1010 Murray St., just across from Urban Ore. 

Among the many Shipyard-created projects displayed at Burning Man have been Mason’s own G-7 puppets, 25-foot-tall marionettes depicting the leading financial officers for the world’s seven richest countries. The giant homunculi starred at the 2001 festival, where they gyrated in response to stock market data converted into electromechanical signals. When U.S. stocks dropped, Federal Reserve Chair Alan Greenspan crouched into a ball; when the market soared, he raised his arms in triumph. 

Mason said he wanted to create a communal space where like-minded machinists and industrial artists could collaborate on massive projects without the need to cover exorbitant rents. 

Mason thought shipping containers—already used for artist studios in the Netherlands—were the way to go. Built to withstand long journeys on the turbulent Pacific, used containers are sturdy, cheap, easy to transport and stackable to maximize space. So Mason bought, rented, and leased 27 of them, which he stacked two layers deep, envisioning the lower units as studio space and the upper ones as storage. 

He charges the 20 lucky artists $250 per month per container plus $50 to cover utilities and use of the courtyard. 

However, his project soon attracted the attention of neighbors, who wondered why trucks were dropping off empty shipping containers eight miles from the Port of Oakland. They called the city, which soon determined that Mason didn’t have a construction permit. 

Mason admits it wasn’t simply an oversight. “This is what artists do. They just go and start something and know that at some point they’re going to get caught and ask for forgiveness.”  

The city did show some leniency, allowing artists to continue working outdoors at the Shipyard, but ordering that the containers be used only for storage until Mason completes the arduous task of getting a building permit. 

The reprieve allowed Mason to keep his tenants, but his relationship with city officials hasn’t been smooth. 

In an effort to avoid the permit process, Mason first argued that the containers were a temporary structure. When the city disagreed, he tried to save money by doing the application himself. But city staff demanded he hire an architect and pay consultants for an environmental review. 

“It was tremendously frustrating,” Mason said, criticizing Berkeley’s zoning process for making nonprofits jump through the same expensive hoops as wealthy developers. His two-year effort for a use permit has cost him $12,000. 

Meanwhile, the Shipyard was garnering a reputation as the Bay Area’s leading forum for the kinetic arts. 

Now, use permit in hand, Mason still isn’t declaring victory. He still needs a building permit, which history has shown to be particularly tricky for unorthodox structures. 

“The building code tends to be oriented toward standard construction techniques,” said shipyard architect Thomas Dolan. “Whether there’s a standard on how you take ship containers and anchor them into the ground, I doubt it.” 

Another specter lurked in the background during the ZAB hearing: the example of the Crucible, an artists’ collective and teaching workshop located a block away from Mason’s Shipyard until it fled to West Oakland last year amid conflict with city building staff. 

Though many in Berkeley attribute the Crucible’s move to fallout from a party where a promoter overbooked the venue and two attendees were wounded by gunfire, Crucible founder Michael Sturtz appeared at Thursday’s hearing to tell ZAB commissioners that he left the city in frustration because every effort he made to expand the project met with inertia from city planners and building inspectors. 

“We struggled to exist three out of four years in Berkeley,” he said. “If you lose the Shipyard, that’s just one more thing that won’t be in Berkeley.” 

ZAB agreed to urge building inspectors to interpret Berkeley building code flexibly for the Shipyard, and Mason has no intention of renting out its space for parties or offer classes to the community as the Crucible did.  

He must now hire a geologist to conduct earthquake studies as well as a structural engineer to examine soil strength to determine how best to anchor the containers to the ground—a prerequisite for getting a Building Permit. 

Meanwhile, Mason’s newest project is sure to get him away from—at least for a while—the rigors of Berkeley development. 

He’s rebuilding a World War II amphibious landing craft he found on a Richmond lot. Once he finishes restoring the seven-ton craft, he plans to venture off to islands of Asia. 

“I’m going to use it for long-distance travel,” he said. “I’ll ship it to Singapore and then work my way around Indonesia on the way to New Guinea.”

TUESDAY, OCT. 28 

FILM 

Alternative Visions: The Films of Hannes Schüpbach, with the filmmaker in person at 7:30 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

Berkeley Breathed on “Flawed Dogs: The Year-End Leftovers at the Piddletton ‘Last Chance’ Dog Pound” at 4 p.m. at Cody’s Books on Fourth St. www.codysbooks.com 

Don Lattin on “Following Our Bliss: How the Spiritual Ideals of the Sixties Shape Our Lives Today,” at 7:30 p.m. at First Congregational Church, 2345 Channing Way. Free. Sponsored by Cody’s Books. 845-7852. www.codysbooks.com 

Tom Bissell introduces Uzbekistan in ”Chasing the Sea: Lost Among the Ghosts of Empire in Central Asia,” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com 

Tim Cahill reads from world travel stories in “Hold the Enlightenment: More Travel, Less Bliss,” at 7:30 p.m. at Easy Going Bookstore, 1385 Shattuck Ave at Rose, 843-3533. 

The Whole Note Poetry Series, with Selene Steese and open mic, at 7 p.m. at The Beanery, 2925 College Ave., near Ashby. 549-9093. 

Poets Gone Wild with Maryanne Robinson reading from “Pieces Together” at 7:30 p.m. at Barnes and Noble. 

MUSIC AND DANCE 

Landesjugendorchester of Rheinland-Pfalz, German youth orchestra, performs at 8 p.m. at Zellerbach Hall, UC Campus. Tickets are $20. 642-9988. www.calperfs.berkeley.edu 

Band Concerts at 7:30 p.m. Cost is $4. 525-5054. www.ashkenaz.com 

Dayna Stephens House Jam at The Jazz House. Donation $5. 649-8744. www.thejazzhouse.com 

Tracy Grammer performs contemporary folk at 8 p.m. at Freight and Salvage Coffee House. Cost is $15.50 in advance, $16.50 at the door. 548-1761. www.freightandsalvage.org 

Mimi Fox, solo guitar, at 8 p.m. at Downtown. 649-3810. 

WEDNESDAY, OCT. 29 

FILM 

Fernando de Fuentes: From the Revolution to the Comedia Ranchera, “La Zandunga” at 7 p.m. and “Jalisoc Sings in Seville” at 9:05 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

Studs Terkel on “Keeping Faith in Difficult Times” at 8 p.m. at Wheeler Auditorium, UC Campus. Tickets are $12-$18, available from Cody’s 845-7852. www.codysbooks.com 

Donna Nebenzahl and Nance Ackerman will show slides and discuss their new book, “Womankind: Faces of Change Around the World,” at 7:30 p.m. at Boadecia's Books, 398 Colusa Ave., Kensington. 559-9184. www.bookpride.com 

Berkeley Poetry Slam with host Charles Ellik at 8:30 p.m. at The Starry Plough. Cost is $7, $5 with student i.d. 841-2082. www.starryplough.com 

MUSIC AND DANCE 

Lunchtime Concert: Strings with Robert Howard, cello and Cary Ko, violin at noon at Berkeley Arts Festival Headquarters, 2110 Shattuck Ave. Free. 665-9496.  

www.berkeleyartsfestival.com 

Wednesday Noon Concert with Shaw Pong Liu, violin and Monica Chew, piano perform Ginastera and Prokofiev at the Chevron Auditorium at International House, corner of Bancroft and Piedmont Aves. Admission is free. 642-4864. 

From the Cafetorium in Berkeley: Better Bad News Berkeley artist George Coates’ independent media project will be shown at 7 p.m. on BTV Channel 25. 665-9496.  

www.berkeleyartsfestival.com 

Manufacturing of Humidifiers Randy Porter, Ward Spangler, and Dan Plonsey in three solo performances, and then collectively as the Return of the Manu- 

facturing of Humidifiers, at 8 p.m. at Berkeley Arts Festival Headquarters, 2110 Shattuck Ave. 665-9496. www.berkeleyartsfestival.com 

Adrienne Torf, pianist and composer, performs in a benefit for Breast Cancer Action, at 8 p.m. at Freight and Salvage. Cost is $16.50 in advance, $17.50 at the door. 548-1761. www.freightandsalvage.org 

Band Concerts at 7:30 p.m. Cost is $4. 525-5054. www.ashkenaz.com 

Edie Carey, singer/songwriter at the 1923 Teahouse at 8 p.m. Suggested donation of $7-$15. 644-2204. www.epicarts.org 

Savant Guard, electro-acoustic jazz rock combo performs at 8 p.m. at Jupiter. 848-8277. 

Jules Broussard, Bing Nathan and Ned Boynton at 8 p.m. at Downtown. 649-3810. 

THURSDAY, OCT. 30 

FILM 

Genetic Screenings: “Demon Seed” with filmmaker Greg Niemeyer in person, at 7:30 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

“The Black Panthers (in Israel) Speak & Drowning by Bullets,” at 7 p.m. at 340 Stephens Hall, UC Campus. Sponsored by Middle Eastern Studies. 642-8208.  

READINGS AND LECTURES 

Word Beat Reading Series at 7 p.m. with featured readers Monique Everhart and Jack Boulware, at Mediterraneum Caffe, 2475 Telegraph Ave., near Dwight Way. 526-5985.  

Daniella Gioseffi introduces her revised “Women on War: An International Anthology of Writings from Antiquity to the Present,” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com 

Bram Dijkstra speaks on “American Expressionism: Art and Social Change, 1920-1950,” at 7 p.m. at Cody’s Books on Fourth St. www.codysbooks.com 

Guided Tour: Gene(sis): Contemporary Art Explores Human Genomics, at 12:15 and 5:30 p.m., Berkeley Art Museum, 2626 Bancroft Way. 642-0808. www.bampfa.berkeley.edu 

MUSIC AND DANCE 

Trombonga, trombone quartet, at 12:15 p.m. at Berkeley Arts Festival Headquarters, 2110 Shattuck Ave. 655-9496. 

Planet Grooves with DJ Omar at 10 p.m. at Ashkenaz. Cost is $6. 525-5054. www.ashkenaz.com 

Wake the Dead, Celtic music tribute to the Grateful Dead, at 8 p.m. at Freight and Salvage. Cost is $18.50 in advance, $19.50 at the door. 548-1761. www.freightandsalvage.org 

Sarah Zaharako at the 1923 Teahouse at 8 p.m. Suggested donation of $7-$15, no one turned away for lack of funds.  

644-2204. www.epicarts.org 

Keni El Lebrijano, flamenco guitar, at 8 :30 p.m. at Downtown. 649-3810.  

FRIDAY, OCT. 31 

CHILDREN 

Halloween Shadow Puppetry Workshop with the Balinese group, ShadowLight, from 4 to 6 p.m. at Julia Morgan Theater. Cost is $5-$15 sliding scale. www.juliamorgan.org 

Halloween Costume Storytime with readings from Halloween stories, songs and shadow puppets, at 10:30 a.m. at Barnes and Noble.  

THEATER 

The Un-Scripted Theater Company, “Fear” a full-length thriller, no two shows are the same, at 8 p.m. at La Val’s Subterranean, 1834 Euclid Ave. Tickets are $7-$10. 415-869-5384. www.unscripted.com 

Larry Reed, ShadowLight Productions with Gamelan Sekar Jaya Shadow Theatre perform “Wayang Bali: Danger- 

ous Flowers” at 8 p.m. at the Julia Morgan Center for the Arts. Tickets are $7-$15 and are available from 925-798-1300. 

FILM 

Genetic Screenings: “The Fly” at 7:30 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

Michael Dirda introduces his memoir, “An Open Book,” at 7:30 p.m. at Cody’s Books.  

845-7852. www.codysbooks.com 

Jonathan Stroud reads from his new novel, “The Amulet of Samarkand,” at 7 p.m. at  

Cody’s Books, 1730 Fourth St. 559-9500. www.codysbooks.com 

MUSIC AND DANCE 

California Bach Society, Arvo Part: Kanon Pokajanen, at 8 p.m. at St. Mark’s Episcopal Church. Tickets are $12-$25, and are available from 415-262-0272 or email us at  

tickets@calbach.org.  

Cloud Gate Dance Theater of Taiwan at 8 p.m. at Zellerbach Hall, UC Campus. Tickets are $26-$46, and are available from 642-9988. www.calperfs.berkeley.edu  

Halloween Party with The Vesuvians at 9:30 p.m. at Ashkenez. Cost is $13. 525-5054. www.ashkenaz.com 

“Strictly Skillz,” a celebration of Hip Hop in its purest forms at 9 p.m. at La Peña Cultural Center. Cost is $10. 849-2568. www.lapena.org 

Halloween Havoc Costume Contest with 7th Direction, Grasshoppers, and Pocket at 9:30 p.m. at The Starry Plough. Cost is $5 at the door, $3 if in costume. 841-2082.  

www.starryploughpub.com  

Danny Caron and Friends at 9:30 p.m. at Downtown. 649-3810. 

Leftover Dreams with Tony Marcus and Patrice Haan perform music from the great American songbook at 8 p.m. at Freight and Salvage Coffee House. Cost is $15.50 in advance, $16.50 at the door. 548-1761.  

www.freightandsalvage.org 

Aphrodesia, at 8 p.m. at Jupiter. 848-8277. 

Babyland, Plan 9, John Baker and the Malnourished, Ashtray at 8 p.m. at 924 Gilman St. Cost is $5. 525-9926. 

Sterling Dervish at 9:30 p.m. at Beckett’s Irish Pub, 2271 Shattuck Ave. 647-1790. beckettsirishpub.com 

SATURDAY, NOV. 1 

CHILDREN  

Los Amiguitos de La Peña with Betsy Rose at 10:30 a.m. at La Peña. Cost is $4 for adults, $3 for children. 849-2568. www.lapena.org 

Hillside Players, “Tangled Tales: Wishes, Witches and Weddings,” favorite fairy tales intertwined in comedy, at 7 Tickets are $7 for adults, and $4 for children under 12, seniors and students. 2286 Cedar St. 384-6418. 

“The Wonderful World of Zaal,” a Persian legend, performed by Word For Word, at 10:30 a.m. at the Central Library, 2090 Kittredge. The free program is sponsored by the Friends of the Berkeley Public Library. 981-6224.  

THEATER 

Larry Reed, ShadowLight Productions with Gamelan Sekar Jaya Shadow Theatre See listing for Oct. 31. 

The Un-Scripted Theater Company, “Fear” See listing for Oct. 31. 

FILM 

Berkeley Video and Film Festival, featuring independent producers from Cuba to Berkeley, with documentaries, short features, comedies, and experimental works. From noon to 11 p.m. in Wheeler Auditorium, UC Campus. Tickets are $8-$10 for one day, $14-$18 for both days. For a listing of films see www.berkeleyvideofilmfest.org 

“Down by Law” with Tom Waits, Roberto Benigni, John Lurie and Ellen Barkin, at 8 p.m. at the Long Haul, 3124 Shattuck Ave. Wheelchair accessible. 540-0751. www.thelonghaul.org 

Anime: “Space Firebird 2772” at 4 p.m., “Only Yesterday” at 7 p.m. and “Black Jack” at 9:45 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

Dao Strom, author of “Grass Roof, Tin Roof” in solo concert and reading at Berkeley Public Library’s Central Community Room at 2 p.m. 981-6100. 

Brian Alexander introduces “Rapture: How Biotech Became the New Religion” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com 

“A Land Twice Promised” with award winning storyteller Noa Baum, at 7:30 p.m. at the Jewish Community Center, 1414 Walnut St. Cost is $7-$10. 839-2900 ext. 256.  

Three Western Voices: Utah Phillips, Paul Foreman and Pack Browning read from their poetry in a benefit for the Berkeley Foundation for the Arts and ACCI Gallery at 8 p.m. at ACCI Gallery, 1652 Shattuck. Suggested donation $10. 843-2527. www.accigallery.com 

Improvised Comedy, at 8 p.m. at Cafe Eclectica 1309 Solano Ave., Albany. Cost is $5. 964-0571. www.eastbayimprov.com 

MUSIC AND DANCE 

Flauti Diversi, “Follow the Lieder,” a program of rhapsodic instrumental music from 18th and 20th century Germany, at 8 p.m. at St. Alban’s Episcopal Church, 1501 Washington St. Albany. Tickets are $15-$18, reservations recommended. 527-9840. 

Trinity Chamber Concerts Kazuko Cleary, solo piano, performs Mozart, Beethoven, Chopin and Takemitsu at 8 p.m. at Trinity Chapel, 2320 Dana St. Admission by donation, $12 general, $8 students, senoirs, disabled. No one turned away. 549-3864. 

Academy of Ancient Music, with Richard Egarr, soloist, perform harpsichord concertos by Bach at 8 p.m. at First Congregational Church. 2345 Channing Way. Pre-concert talk at 7 p.m. Tickets are $42 and available from 642-9988.  

Cloud Gate Dance Theater of Taiwan at 8 p.m. at Zellerbach Hall, UC Campus. Tickets are $26-$46, and are available from 642-9988. www.calperfs.berkeley.edu  

Groundation, reggae classics with band originals at 9:30 p.m. at Ashkenaz. Cost is $12. 525-5054. www.ashkenaz.com 

Tempest at 9:30 p.m. at The Starry Plough. Cost is $10. 841-2082. www.starryploughpub.com 

Wataka Ensemble performs Afro-Venezuelan music at 8 p.m. at The Jazz House. Sliding scale donation of $8-$15 suggested. 649-8744. www.the 

jazzhouse.org 

Patrick Ball, Celtic harper, at 8 p.m. at Freight and Salvage. Cost is $16.50 in advance, $17.50 at the door. 548-1761. www.freight-andsalvage.org 

The Original Intentions perform reggae, roots, soul at the 1923 Teahouse at 8 p.m. Suggested donation of $7-$15. 644-2204. www.epicarts.org 

Brian Melvin at 8:30 p.m. at Downtown. 649-3810. 

Deadfall, Brain Failure, Hang on the Box, Love Songs perform at 8 p.m. at 924 Gilman St. Cost is $5. 525-9926. 

Nicole McRory at 9:30 p.m. at Beckett’s Irish Pub, 2271 Shattuck Ave. 647-1790. beckettsirishpub.com 

Post Junk Trio at 8 p.m. at Jupiter. 848-8277. 

SUNDAY, NOV. 2 

CHILDREN 

Hillside Players, “Tangled Tales: Wishes, Witches and Weddings,” at 2 and 7 p.m. See listing for Nov. 1. 

THEATER 

Larry Reed, ShadowLight Productions with Gamelan Sekar Jaya Shadow Theatre at 2 and 8 p.m. See listing for Oct. 31. 

FILM 

Berkeley Video and Film Festival See listing for Nov. 1. For a listing of films see www.berkeleyvideofilmfest.org 

“Something in the Air” Helvacio Ratton’s story of Brazil’s first clandestine radio station, in Portugese with English subtitles at 7 p.m. at La Peña. A benefit for indigenous community radio stations. Suggested donation $5-$15. 849-2568. www.lapena.org 

Anime: “The Cat Returns” at 3:30 p.m. and “Nausicaä of the Valley of the Wind” at 7 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

Guided Tour: Gene(sis): Contemporary Art Explores Human Genomics, at 2 p.m., Berkeley Art Museum, 2626 Bancroft Way. 642-0808. www.bampfa.berkeley.edu 

Poetry Flash with Frank Lauria and friends at 7:30 p.m. at Cody’s Books. Donation $2. 845-7852. www.codysbooks.com 

Heather Woodbury will read from “What Ever: A Living Novel” at 4 p.m. at Diesel Bookstore, 5433 College Ave. 653-9965.  

MUSIC AND DANCE 

Grupo Andanza presents “Antologia,” an evening of Spanish opera and dance, at 8 p.m. at Julia Morgan Center for the Arts. Tickets are $18-$20 and are avaiable from 925-798-1300 www.juliamorgan.org 

Gabriel Faure’s “Requiem” Mass at the 10 a.m. service at All Souls Episcopal Church, 2220 Cedar St. With Cheryl Keller, soprano, Paul Thompson, bass, and 1893 orchestration. 848-1755. 

Chamber Music Sundaes, San Francisco Symphony musicians and friends perform at 3:15p.m. at St John's Presbyterian Church, 2727 College Ave. Tickets are $7-$18 and are available at the door. 415-584-5946. 

Wynton Marsalis Quintet at 7 p.m. at Zellerbach Hall, UC Campus. Tickets are $30-$62. 642-9988. www.calperfs.berkeley.edu 

Live Oak Concert with Solstice, female a cappella sextet, at 7:30 p.m. at the Berkeley Art Center. Tickets are $8-$10. 644-6893. www.berkeleyartcenter.org 

Michael Evans, percussionist, multi-instrumentalist and composer, and Karen Stackpole, at 8 p.m. at The Jazz House. Sliding scale donation $6-$15. 649-8744. www.thejazzhouse.org 

UC Folk Dancers Reunion from 2 to 6 p.m. Sponsored by the International Order of Aging But Still Game Folkdancers. Bring something to share: food drink, photos and memories, Ace bandages. 524-2193.  

Rastafari Celebration of 73rd Anniversary of the Coronation of Haile Sellassie and Empress Menen at 8 p.m. at Ashkenaz. Cost is $10. 525-5054. www.ashkenaz.com 

Forward Kwenda with Erica Azim, Zimbabwe mbira master at 8 p.m. at Freight and Salvage. Cost is $16.50 in advance, $17.50 at the door. 548-1761. www.freightandsalvage.org 

Art Lande, solos, duos and trios with Bruce Williamson and Andre Bush at 4:30 p.m. at the Jazzschool. Cost is $12-$18. 845-5373. www.jazzschool.com 

Box Set Duo, Gypsy Soul at 6 p.m. at Hillside Community Church, 1422 Navellier St., El Cerrito. Tickets are $15 and are available from www.new- 

thoughtunity.org 

A Berkeley resident of my acquaintance has a bullfrog in her garden pond. She’s not sure how it got there, but it’s been in residence for a couple of years. Usually she just sees its periscope eyes. Sometimes, though, it ventures out of the water, leaving wet frogprints on the pondside tiles. 

When she first told me about her frog, she seemed a bit apologetic, having presumably heard how environmentalists feel about the critters. Bullfrogs, like possums and cowbirds, are a native North American species, but never occurred naturally in California. I have nothing against bullfrogs in the right place, and that place is east of the Rockies. Out here, they’ve been a disaster. 

Bringing the bullfrog to California must have seemed like a good idea at the time. It was a commercial proposition: frog legs for the tables of San Francisco and other growing cities. 

Our state used to have native frogs in abundance. The most popular for culinary and recreational purposes (Twain’s “Celebrated Jumping Frog of Calaveras County”) was the California red-legged frog, which once ranged from the North Coast all the way to Baja, west of the Cascade-Sierra crest. It was by all accounts a tasty amphibian. Mary Dickerson, writing just before the San Francisco quake of 1906, said westerners esteemed it “the best edible frog in North America,” finding the flesh of the bullfrog “tough and coarse” in comparison. Dickerson also described the red-leg as “very alert and intelligent-looking,” for whatever that’s worth. 

Intelligent or not, red-legged frogs were harvested in appalling numbers from the Gold Rush to about the turn of the twentieth century. French cuisine was in vogue—one San Franciscan recruited 40 Parisian chefs at one go—and frog legs were on all the best menus. The annual catch ran as high as 118,000 in the peak year of 1895. This, along with habitat loss as wetlands were drained for farming, took its inevitable toll, and the red-leg is now an endangered species. But Californians hadn’t lost their taste for frog legs. Enter the bullfrog. 

The state’s first froggery was founded in 1896 in El Cerrito, with 4 artificial ponds and 36 Florida and Maryland bullfrogs. Some of their descendants may have escaped, and other bullfrogs may have just been released in lakes and streams to fend for themselves and to be collected when needed. They did spectacularly well: they’re now found all over the state, even on Santa Catalina Island. 

The bullfrog, Rana catesbiana (named for 18th century naturalist-artist Mark Catesby, who discovered it in the Southeast), is a survivor. Bullfrogs are fecund in the extreme, their tadpoles seem to be unpalatable to fish, and they can tolerate a broader range of water conditions and temperatures than native frogs. With feral populations in Europe, Asia, South America, the West Indies and Hawaii, the bullfrog is a successful agent of ecological 

globalization. 

The trouble with bullfrogs is their appetite. They’ll consume pretty much anything they can get into their capacious mouths. You wouldn’t think of turtles as frog food, but hatchling western pond turtles are vulnerable to bullfrog predation. This once common species, the West Coast’s only aquatic turtle, is now in trouble, despite bullfrog-bashing efforts in some of the areas where it still persists. 

Snakes, too. Arkansas bluesman Sonny Boy Williamson’s song about fattening frogs for snakes represents the normal situation, but it’s sometimes reversed: big bullfrogs will eat small snakes. I once watched a bullfrog in Tilden Park swallow a garter snake of impressive size. Bullfrogs have been implicated in the decline of the gorgeously marked San Francisco garter snake and the Central Valley’s giant garter snake, which, when young, is not too gigantic to be a meal for a bullfrog. 

But perhaps the most drastic bullfrog impact has been on the native western frogs. It is a frog-eat-frog world. Bullfrogs will devour red-legged frogs, mountain yellow-legged frogs (despite their garlic odor, or maybe that just whets the appetite), foothill yellow-legged frogs, Cascades frogs, spotted frogs. Not that the frogs don’t have other problems: diseases, pesticides, holes in the ozone layer. But the bullfrogs have certainly not helped. 

There’s another aspect to the relationship between the bullfrog and the red-legged frog, and it’s an ironic one. Frogs have evolved species-specific mating calls so the appropriate partners can get together. However, male frogs appear to be less discriminating than females. (This tendency may reach its ultimate in the notorious cane toad, which will attempt to copulate with road kill). Male red-legged frogs have been found to prefer bullfrogs to females of their own kind. The larger bullfrogs appear to provide a kind of superstimulus. These misalliances have not produced fertile hybrid offspring, so there’s no risk of genetic swamping here. But it’s a distraction that reduces the threatened red-leg’s reproductive success. 

The bullfrog is one more instance of the ramifying consequences of introducing an exotic organism—even one from the same continent—into a new ecosystem. Bullfrogs, starlings, star thistles, and hundreds of other alien animals and plants have transformed California, mostly for the worse. My friend’s bullfrog, though, has so far led a celibate existence and seems unlikely to contribute to the problem.

Fourteen of Berkeley’s 15 public schools scored higher on the state’s Academic Performance Index (API) standardized tests last year than the year before, but the laggard—Rosa Parks Elementary School—had the most to lose and may now face a major administrative shakeup. 

Rosa Parks is already in year three of a process for schools that have failed to make adequate progress on standardized tests, set forth under President Bush’s No Child Left Behind Act. 

The scores released Friday by the California Department of Education may mean that the school will enter year four of the process, which calls for the district to develop a plan to overhaul the school. 

News was better for other Berkeley schools. Nine schools (64 percent) met their performance targets, and four others improved their scores without reaching their target scores. Rosa Parks regressed and Berkeley High School did not have a valid base from which to compare this year’s scores because new tests for high school students were incorporated into the API. 

By contrast, 78 percent of schools across the state met their targets, however this is misleading because Berkeley students annually outscore students across the state making their targets more difficult to reach. 

The API combines results from a nationwide test, the CAT/6, the California Standards Test in English Language Arts, Math and Social Sciences and the high school exit exam. 

Schools receive a score ranging from 200 to 1,000, with 800 as the statewide goal. 

Four Berkeley schools surpassed 800: the Emerson, Jefferson, John Muir and Oxford Elementary schools. Last year, only Emerson broke 800.  

The number of Berkeley schools that met state growth targets increased for the first time since 2000 when the API growth measures were implemented. 

Last year only four schools met growth targets, compared to five in 2001 and 12 the year before. 

Scores for racial subgroups and poor students improved this year as well. District-wide scores for African Americans improved 20 points to 609, Asians improved 6 points to 786, Latinos improved 30 points to 657, whites improved 10 points to 870 and socioeconomically disadvantaged students improved 21 points to 629. 

“I’m just very impressed with the areas of growth in our school,” said Board of Education Member Shirley Issel. “Some areas raise concern but there is a lot of basis for optimism.” 

To meet its targets, a school must improve its score by 5 percent of the difference between its previous API and the state target of 800. Also, the racial and economically disadvantaged subgroups must raise their scores to at least 80 percent of the school’s overall goal. 

Of the four schools to score above 800, only Jefferson Elementary failed to reach its targets because African American students at the school fared worse than the previous year.  

Schools that met their targets but failed to break 800 included Leconte Elementary, Malcolm X Elementary, Thousand Oaks Elementary, Longfellow Arts and Technology Magnet, Willard Middle School and Washington Elementary. 

Washington is in year two of the process for underachieving schools after falling short in the socioeconomically disadvantaged category last year. Administration officials were not available to comment if the improved scores will free the school from the state’s underachiever list.  

Rosa Parks faces a dire situation. After showing dramatic gains last year—just barely failing to meet one target—the school’s overall score this year dropped 20 basis points to 653. Among the school’s ethnic groups, only Latinos improved, rising 14 points to 610. African Americans dropped 60 points to 526, whites fell two points to 838 and socioeconomically disadvantaged students dropped 14 points to 570. No other subgroup comprised a statistically significant segment of the student body. 

Last year, the school raised its API score 49 points to 673, far exceeding its nine-point target but failing to reach its target for disadvantaged students by one basis point. 

That comparatively minor failure thrust the school into year three of No Child Left Behind, requiring the district to provide tutoring to struggling students and giving parents the opportunity to switch schools. The district also had discretion to replace school staff, appoint outside consultants or extend the school day, but instead choose to train all school teachers in a new teaching method also offered to teachers at other schools. 

API is the key component of Adequate Yearly Progress (AYP)—the yardstick used by the state to measure a school’s progress. Assuming that Rosa Parks now fails to meet its AYP goals, it will enter year four of the process for underachieving schools. That will require the district to develop a plan for alternative governance, which could mean reopening as a charter school, contracting a private educational group to run the school or a state takeover.

Our national political system is in the grip of big money interests who flood the political class with virtually unrestricted donations, effectively shutting out all other citizens who are not well-connected professionals, or, in California, successful action heroes. The exorbitant financial costs of national and state-wide campaigns are seeping into the comparatively low-cost democracy of Berkeley. As local races demand more and more fundraising, residents who wish to add a diversity of voices and experiences to our roster of elected officials are being systematically shut out. On top these already rising costs, City Council is considering adding more expenses for candidates of all financial levels.  

When I moved to Berkeley in 1989 from Philadelphia, I was shocked at the openness and accessibility of Berkeley politics. Philadelphia city government is controlled by big money interests and the idea of becoming a part of the government is laughable for 99 percent of the population. Of course, Berkeley’s openness means there’s some exasperating speech and petty personal feuds which work their way into the political discussion, but that’s part of the face of real democracy. It may not be pretty and the meetings may be long, but the residents of our city are directly involved with governing ourselves. This makes me proud to live in Berkeley. 

One of the ballot proposals City Council is considering would increase the various fees and signatures each prospective candidate would have to submit in order to run for any office. Currently a candidate must submit 20 signatures of registered Berkeley voters and s/he is on the ballot. That holds for district elections (councilmembers) and city-wide elections (mayor, school board, rent board, and auditor).  

For district elections, some on the Council wish to impose a $150 filing fee (with $1 off for each valid signature collected), as well as at least 20 signatures from within the district. For mayoral elections, the Council proposed a $300 filing fee (with $1 off per signature). For the other three types of city-wide elections, the council proposed a $200 fee (with $1 off per signature).  

One councilmember stated she was in favor of also having candidates pay the printing costs of their candidate statement in the voting booklet, which is mailed to every registered voter by the city. Under this idea, the 2002 election would have cost every candidate running for auditor, mayor, school board director, and rent board commissioner $1,250. A candidate for City Council would have to pay $600 (city manager’s report to Council, Oct. 10-14). The fees would change based on the number of candidates and the printing costs each election.  

It is clear that incumbents, who have already gone through at least one fundraising cycle and may have old campaign funds available, will have a clear financial advantage over non-incumbents. Non-incumbents who are wealthy or who have wealthy connections/donors will also not be affected by these added fees. The candidates who will be adversely affected are the rest of us—the non-wealthy, non-connected citizens. The more poor and middle-class citizens who are shut out of local politics, the more disaffection and voter apathy will grow.  

The justification repeated at Tuesday’s special Council meeting was that these added fees would ensure that only “serious” and “viable” candidates will participate in our democratic system. The Council seems to have confused “seriousness” with “financially comfortable”.  

The ethical dilemma of incumbents framing the debate of who is “viable enough” to challenge them in future elections is obvious. It’s clear that some of the current councilmembers would be happy if only an elite political class, drawn from only the BCA or the BDC, would have the financial resources—from either personal wealth or from well-off campaign donors—to mount a campaign.  

One attraction of candidate fees is that the city would spend less to hold each election. Yet the amount the city saves is dwarfed by the cost to our local political system in dissuaded potential candidates and in increased voter apathy. Additionally, the Council is discussing changing the definition of a “plurality” from 45 percent to 40 percent and eventually implementing an Instant Runoff Voting system. Both of these potential ballot initiatives would drastically reduce expensive run-off elections, thereby saving the city much more money than $600 here or $1,250 there. Such fees are cheap to the city (after all, we face an $8 million deficit next year) but prohibitively expensive to the average low and middle income Berkeley resident.  

Our local political system is expensive and intensive enough to get involved with as it is, yet there is still room for non-connected and non-wealthy candidates to mount earnest campaigns for office. The Council should not change our system for the worse. 

Jesse Townley is a DJ at KALX and a longtime volunteer at 924 Gilman St.

Berkeley Bowl workers and union organizers rallied outside the store Monday, joined by community supporters, elected officials and labor legend Dolores Huerta as part of the last push before Thursday’s National Labor Relations Board (NLRB) vote on unionizing the store. 

“Long live the union. Si se puede,” said United Farm Workers cofounder Huerta to a crowd of over a 100 supporters carrying balloons and sporting “I support Berkeley Bowl workers” buttons.  

Organizers said the rally was called to generate support and help workers regain confidence after encountering fierce opposition in recent weeks from management.  

Jeremy Plague, an organizer from the United Food and Commercial Workers (UFCW) Butcher’s Union Local 120, the union working with the employees, said management has employed classical anti-union strategies, including “captive audience” meetings where employees are called into closed door meetings and lectured about management’s position on the union. Employees have also complained that department managers have surreptitiously told workers to vote no, which, if true, would be a violation on national labor law. 

“This rally is a way for the community to get the word out to the owners that they support what the workers are doing,” said Plague. “It’s a way for the community to tell them that they should stop union busting.”  

Controversy has also surrounded the issue of just who will be eligible to vote, Plague said. Under national labor law, only employees can vote. But Plague charged that the Berkeley Bowl has been blurring job definitions, enabling several people who organizers understood to be management to vote as workers. 

During Monday’s rally managers stood outside the store, handing customers a letter from store owners Glenn and Diane Yasuda that explained their opposition to the union. When questioned, management refused to comment about any of the proceedings. 

Pro-union workers involved in the organizing drive say they are still confident they will win, dismissing the impact of an anti-union campaign that they said they knew was coming. 

“The anti-union campaign has been disappointing and distressing,” said Irami Osei-Frimpong. “But after we win, we can all sit down and negotiate a contract and everyone can come to work knowing that they were heard and are being treated fairly.”  

As a way to boost the morale of workers worried about the vote, several supporters headed into the store after the initial rally to offer encouragement. Organizers many workers are scared because there have been threats from management saying that if the union were to pass, layoffs might follow.  

“We need to tell the employees not to be afraid,” said Huerta, the first to enter the store. “We’re behind you. Don’t be afraid. You can win,” she told employees. 

Plague said most of the layoff threats have been directed at the produce and deli departments.  

“The rumors are that if the union wins that the deli will close down because they won’t have enough money,” said Plague. “But everybody knows that’s wrong.”  

“They also said the produce department will have to lay people off. But the store is the produce department. People don’t go there for macaroni and cheese. We warned workers that they were going to do this.” 

The vote will be conducted by the NLRB throughout the day Thursday, and the result should be known that evening. One worker representative and one management representative will also be present at the voting area to ensure accuracy. 

If the union wins, workers along with union representatives and Berkeley Bowl management will enter into a bargaining session to draw up the terms that will define the union contract. Workers are hopeful that negotiations will go quickly, allowing the store to return to normal. Should the union lose, workers can’t hold another election until Oct. 30, 2004. 

Recently we have seen several articles and letters to the editor about violence in our society. The issue is of paramount importance and as long as it exists it must be constantly addressed and discussed. Until justice, equality of opportunity and celebrations of diversity are a reality, violence will continue to haunt us. Violence should never be condoned, and I don’t believe it ever has, in my experience in Berkeley. 

However, this, unfortunately, is nothing new. Violent incidents have happened periodically in Berkeley as long as I have lived here and opportunists have tried to exploit these tragedies for their own political gain for ever. 

Every mayor, and ex-mayor, has suggested strategies to deal with violence in our community, and yet they persist. Of course we should constantly be vigilant, of course we expose and publicize periodic increases in violence, and of course we must constantly search for new and creative ways to bring about a more peaceful and tranquil Berkeley. 

And despite the opinion of an ex-mayor, voted out of office because the majority of voting members of Berkeley lost faith with her efforts to improve Berkeley, I believe we are making progress, not going backwards. 

We live in violent times and Berkeley does not live in a vacuum. We are buffeted by poverty, ignorance, drug trafficking in the East Bay and a state bent upon cutting back on our meager social services and public safety dollars. Our social safety nets are unraveling and joblessness and homelessness are on the rise. 

Constructive suggestions and dialogue are what is necessary in these difficult and turbulent times, not finger pointing, trying to make political points, or using the pain of our city to mount a political comeback. 

With this in mind I would like to add my take, and frame the description and prescription in a different context with a different emphasis because the way we talk about violence, I believe, can either help society strive for realistic solutions, or just contribute to more frustrations that may inflame further violence and unhealthy attitudes. And in particular we want to douse, not inflame racial intolerance, finger pointing doesn’t help one bit, we are all in this together. 

First, individuals are violent in Berkeley, this is a fact. Violence may be tolerated by a few, but as a community and citizenry we abhor and work to prevent violent acts. To say otherwise may just be a call for more violence. Violence still happens too frequently and shocks our city when these acts are brought to our attention; speakers at Cal are threatened, football games are canceled, and students are beaten up at fraternity parties. But we do work, as a city and community to try and prevent these acts. 

To point out one type of violence, or to highlight particular examples of violence without talking or showing an understanding of the environment that fosters these acts is counterproductive and misleading. 

And most individual violent acts are within racial or ethnic groups. Shootings and killings in the East Bay are almost exclusively within a racial or ethnic group. Historically, for example, our societal infatuation with mobster movies highlights violent acts within one group—in this case, Italians. 

We do live in a very violent society. We are bombarded daily with violent acts by our government, mistreatment of immigrants and poor people by a callous medical system, mistreatment of workers by an anti worker, pro business economical and legal system and a society still permeated by institutional racism. 

We also have to be realistic about where we live and the environment in which we bring up our children. We can’t live in isolation to our surroundings or our own neighborhood mores. One must always use common sense and be practical about how we conduct our daily lives. I grew up on the streets of south/central Los Angeles. My parents always taught me to be just, believe in equality of opportunity for everyone, work for peaceful resolutions of conflict and respect everyone. That still didn’t prevent me and my multi-racial friends from having to learn how to defend ourselves against neighborhood bullies. 

I have now lived in Central/West Berkeley for 35 years and raised two sons here. They were also taught similar lessons handed down by their grandparents and parents. And they too developed similar urban survival skills of their parents.  

Within this milieu many of us still model, teach and preach tolerance, respect for individual differences, embrace and celebrate diversity. We truly believe that might does not make you right, that we should always strive towards peaceful resolutions to conflict, and that violence of any kind is wrong. We work against the tide, but we never give up. And we don’t point fingers, but continue to work collectively to develop creative strategies, to build upon the efforts of those before us and not criticize their efforts. Make love not war is not a slogan; it is a way of life for individuals and society. 

Terry Doran is a Berkeley School Board director.

The fallout has begun at Berkeley City Hall following last week’s revelation that two mixed residential-commercial properties developed and managed by prominent developer Patrick Kennedy are not currently being billed for City of Berkeley and Berkeley Unified School District property fees and assessments. 

The charge about one of the Kennedy properties—the Gaia Building—was originally made at last Tuesday’s City Council special working session by Barbara Gilbert, a former aide to ex-Mayor Shirley Dean. The information concerning the second building—the Berkeleyan—was reported last Friday in the Berkeley Daily Planet. 

The Gaia Building, with a taxable value in excess of $12 million, currently pays only $2,800 per year in special charges on its county property tax bill, none of which goes to City of Berkeley and BUSD fees and assessments. By comparison, the medical building at 3021 Telegraph Ave. with a taxable value of $300,000 pays more than $3,000 per year to the county in special charges, more than $2,800 of which goes to Berkeley fees and assessments. Berkeley fees and assessments not currently being billed to the Gaia Building and the Berkeleyan combined by the city could total in the neighborhood of $75,000 a year. 

Deputy City Manager Paul Navazio said that a summit meeting will be held this week between staff members of the City Manager’s office and the city’s Finance, Planning, and Information Technology departments to determine how the lack of billing occurred, as well as to make recommendations for possible changes in city property billing policy. 

A report from the city manager’s office on the property billing matter is scheduled to be given to Mayor Bates and City Council at Council’s 5 p.m. ballot measure working session on Tuesday, Nov. 4. 

“If we have situations where properties are operating under temporary occupancy permits for extended periods of time, it’s certainly not the intent nor the desire of the city for [the city’s billing policy] to serve as a way for somebody to not pay the appropriate assessments,” Navazio said. 

“If [city] policy or [city] internal procedures are that the tax rolls are updated upon final permits, and a temporary occupancy permit doesn’t currently trigger the reassessment, I think we want to revisit that policy at the staff level, particularly in cases when there’s a long period of time [that a building is operating under a temporary occupancy permit],” Navazio said. 

The Gaia Building on Allston Way has not yet received a permanent occupancy permit from the city, but has been occupied under a temporary occupancy permit since 2001. The Berkeleyan, on the other hand, received its permanent occupancy permit in 2000. 

Heather Murphy, Berkeley’s Revenue Collection Manager, said last week that the Gaia Building’s billings were consistent with current city tax billing policy, while the Berkeleyan’s city fees and assessments billings “fell through the cracks.” 

Berkeley fees and assessments not being billed the two properties include streetlighting, landscaping and parks, library services, paramedic supplement, emergency disabled services, Measure Q fire equipment, Berkeley Unified School District school tax, and Berkeley Unified School District school maintenance. 

Deputy City Manager Navazio added that city staff is “also looking at what other properties we can identify that may fall under the same circumstances [as the Gaia and the Berkeleyan]. Frankly, it’s unlikely that these are the only two properties in the entire city [with this situation].”

If you can't get through this list without wanting to throw up, I'll understand. But pass it around anyway. This is the nail in the Iraq War's coffin for any sane, thinking individual, regardless of their political stripe (thanks to TomPaine.com and the Center for American Progress). To get some perspective, here are some real-life comparisons about what $87 Billion means: 

$87 Billion is more than the combined total of all state budget deficits in the United States.  

The Bush administration proposed absolutely zero funds to help states deal with these deficits, despite the fact that their tax cuts drove down state revenues. [Source: Center on Budget and Policy Priorities] 

$87 Billion is enough to pay the 3.3 million people who have lost jobs under George W. Bush $26,363 each!  

The unemployment benefits extension passed by Congress at the beginning of this year provides zero benefits to "workers who exhausted their regular, state unemployment benefits and cannot find work." All told, two-thirds of unemployed workers have exhausted their benefits. [Source: Center on Budget and Policy Priorities] 

$87 Billion is more than double the total amount the government spends on homeland security.  

The U.S. spends about $36 billion on homeland security. Yet, Sen. Warren Rudman (R-N.H.) wrote, "America will fall approximately $98.4 billion short of meeting critical emergency responder needs" for homeland security without a funding increase. [Source: Council on Foreign Relations] 

$87 Billion is 87 times the amount the federal government spends on after school programs.  

George W. Bush proposed a budget that reduces the $1 billion for after-school programs to $600 million—cutting off about 475,000 children from the program. [Source: The Republican-dominated House Appropriations Committee] 

$87 Billion is more than 10 times what the government spends on all environmental protection.  

The Bush administration requested just $7.6 billion for the entire Environmental Protection Agency. This included a 32 percent cut to water quality grants, a 6 percent reduction in enforcement staff, and a 50 percent cut to land acquisition and conservation. [Source: Natural Resources Defense Council]

When UC Berkeley graduate student Helen Poynton became pregnant during her second year on campus, university housing officials gave her two options: She could move into to a brand new spacious apartment filled with modern amenities or she could rent a unit in a 1960s complex with smaller rooms, fewer amenities and a reputation for mold. 

Poynton picked the mold. What she lost out on in luxury, she more than made up for in price—two-bedroom apartments in Poynton’s complex, known as Section B cost $768, compared to the newly renovated East Village Apartments where similar units cost $1,344.  

Both complexes are part of University Village in Albany—the UC Berkeley residential community just west of San Pablo Avenue which is geared towards students with families. 

The fate of the project is closely linked to another UC institution now facing an end, the agricultural research projects on the nearby Gill Tract which are scheduled to be sacrificed for the construction of a supermarket, creation of new dormitory space for single students and faculty and the building of a pair of ballfields. 

Poynton rallied Monday with about 50 other tenants who were protesting the university’s plan to demolish Section B’s 412 units and replace them with 576 new units—a plan they say would eliminate the last bastion of desperately needed affordable housing for students with families.  

The university estimates that the new Section B units will cost tenants $1,366, slightly less than the maximum amount student loans allocate for housing and almost double the current rent. 

“I would have dropped out of school if not for Section B,” said Poynton. “Sometimes you prefer affordability over luxury.” 

But UC Director of Housing Facilities Operations and Services Bob Jacobs said that mold, which had seeped into the building through improperly sealed windows, poses a health risk. “If you have a condition like asthma, the mold will exacerbate it,” he said. 

Students submitted a counter proposal, replacing the university’s $120 million demolition plan with a $40 million plan to eliminate the mold, but Jacobs said Section B would have to be demolished within 15 years anyway. 

“If we followed their plan, we could keep rents lower for 15 years and then incredibly spike them after that,” he said. 

The additional Section B apartment units planned for construction would supplement the loss of Section A Housing—152 units—that will be sacrificed to Gill Tract development. 

Protesters alleged that the university had decided to demolish Section B during the Gill Tract construction next summer to make the project more cost efficient. Jacobs rejected the charge, saying the new projects are unrelated because the university will lease the Gill Tract land to a private developer for construction. 

He said tenant rents will jump because, as with the East Village, the university receives no funding for the construction and must float bonds that are ultimately repaid entirely by increased student rents. 

Construction will begin this summer on half of the Section B complex, allowing some residents to remain in the other half while university officials try to find housing for displaced students. The first half of the project is scheduled for completion in 2006 and the second half in 2008. 

The project will go ahead as planned, Jacobs said, adding that the university might eventually be able to offer needy students a rent grant to offset the price hikes. 

“We certainly recognize the problems students will face and we’re going to try to work with the campus to provide money for students who need it,” he said. 

Jacob Schiller contributed to this story.

A splendid Indian Summer afternoon couldn’t dispel the dark cloud hovering over Saturday’s harvest festival at the East Bay’s last urban farm. 

Festivities continued despite last week’s news that UC Berkeley officials have ordered professors to cease all research Nov. 1 at the Gill Tract—a university-owned 14-acre agricultural plot on San Pablo Avenue bounded by Marin Street and Codornices Creek. 

Researchers have vowed to ignore the order that sets the stage for a development which will include a 650-room dormitory complex, a supermarket, unearthed creeks, and two ball fields where organic crops and genetically modified corn now grow. 

“I’m afraid I’m going to show up on Nov. 1 and they’ll have changed the lock on the gate,” said Miguel Altieri, a professor with UC Berkeley’s College of Natural Resources who has tilled the soil at the Gill Tract for 22 years. 

Altieri and his 12 students argue they should at least be able to finish their research on organic farming while the university prepares to start construction next summer, and they say the university has yet to offer a suitable replacement plot. 

UC Berkeley Senior Planner Jeff Bond said the university would provide a replacement plot on university property in Contra Costa County, a proposal that the researchers derided because it is inaccessible to students without cars and unsuitable for the study of urban agriculture. Bond would not comment on the potential for a deal that would keep researchers at the plot temporarily. 

Any compromise that would preserve some farmland as part of the development seems unlikely. 

The university nixed an architectural plan by a student group devoted to urban agriculture that would have preserved part of the plot by altering the project’s housing and parking schemes. 

“This is not an agricultural area,” Bond said. “We’ve looked at the plan from all sides and we think we have the mix that the community wants.” 

Altieri sees his banishment from the plot as part of a trend affecting professors whose research isn’t backed by corporations. 

Since he first started work at the Gill Tract, the university has shrunk his share of the plot from all of the six acres devoted to farming to 0.8 acres to make way for researchers testing genetically altered corn. 

“There’s been a huge shift in the last 10 years where corporations skim off the value of research,” he said, adding that while tax dollars pay for professor salaries and facilities, corporate money drives the scope of the research. 

“The public needs to tell the university if they want their tax dollars to go to sustainable urban agriculture or genetically modified crops,” he said. 

Altieri said he also fears that shunting him off to Contra Costa County is part of a move by UC Berkeley to de-emphasize applied agriculture. 

“They can’t fire me or make me retire, so they decrease my facilities,” he said. “When I’m gone there won’t be anyone here to continue the research.”

Road Rage Shooting 

A 42 year-old Berkeley resident is in critical condition at Highland Hospital after he was shot by another driver in what police labeled a case of road rage. According to police, the man was shot in the parking lot of a car dealership at Ashby Avenue near Seventh Street at 11:25 p.m. Friday. The gunman fled west in a black SUV. When the injured victim tried to drive, presumably in search of medical aid, he crashed his car at Seventh Street. Fire Department paramedics responded, and he was rushed to Highland Hospital. 

Police revealed few details pending an ongoing investigation by the BPD Homicide Unit. They refused to disclose the name of the victim, location of the bullet wound, whether the victim was inside his car when he was shot, or the nature of the argument. 

Rat Pack Assault 

Six youths beat a man as he and a women friend walked through Willard Park at 11:29 p.m. Friday. Police said the youths jumped the man and started punching him repeatedly in the face. When his friend tried to call for help on her cell phone, one of the attackers knocked it out of her hand, then grabbed it and ran off with the others. Police say the youths made no attempt to rob the man, who refused medical attention. 

Backing Into An Officer 

A police officer making a routine traffic stop had to dodge for cover Friday evening when the driver of the car decided to make a delayed getaway. The officer stopped the car on the 2300 block of Curtis Street for driving with a missing headlight. When the officer began to walk towards the stopped car, a passenger leapt from the car and ran away. When the officer started to chase after him, the driver backed up, nearly striking the policeman, who managed to jump behind his patrol car before the driver sped away. 

No arrests have been made.

The Berkeley Community Fund (BCF)’s annual dinner Nov. 4 will celebrate more than a decade of providing financial support for the kind of social and community programs for which the city is so well known. 

Completing their most successful funding cycle ever, BCF organizers will recognize funding recipients and honor community leaders and organizations who have demonstrated a long-standing commitment to the city. 

This year’s Berkeley Community Award recipients include Kent Nagano, the director of the Berkeley Symphony Orchestra, who will be getting the prestigious Benjamin Ide Wheeler Medal; Schuyler Bailey, vice president of Union Bank’s Berkeley branch; and Shirley Richardson, director of the South Berkeley YMCA. The Rosa Parks Collaborative and the Women’s Daytime Drop-In Center will each be given the organizational Berkeley Community awards. 

Thirteen organizations are receiving grants with a combined total of over $60,000 and $20,00 will go in scholarships to students from Berkeley High and Vista Community College.  

According to Eugenia Bowman, the Fund’s executive director, the fund has always tried to live up to its core value, “engaging philanthropy to make social change and improve the quality of life for the community.” All of this year’s award and grant recipients, she says, do exactly that. 

Nagano is being recognized not only for his commitment to the Berkeley symphony, which Bowman said has helped put it on an “international musical map,” but also for his commitment to local Berkeley school music programs. 

“This man is a world renowned conductor. He is in Berlin one day and Paris the next but he continues to return to Berkeley,” Bowman said. “He has a long-standing and enduring commitment to Berkeley.” 

Berkeley Community Award recipient Shirley Richardson is being singled out for helping transform what was becoming a dilapidated YMCA center into a flourishing educational haven for neighborhood youth. Richardson says she was awed on learning she would be honored by the BCF, which she says has been a big part in helping the center re-tool its programs to become an effective community resource. 

“I think the world of the Berkeley Community Fund and it is a great honor to receive the award,” she said. “The Fund is very responsible and socially conscious and it shows that they really try to honor people who are doing similar things.” 

Bowman says the fund chose to honor Richardson for her “lifelong and inspirational” commitment to Berkeley. 

Schuyler Bailey, who is retiring after 38 years with Union Bank, has been deeply involved with the Berkeley Public Education Foundation, the Berkeley Albany YMCA, the Alzheimer’s Services of the East Bay, the Rotary Club of Berkeley, the Berkeley Chamber of Commerce and the Berkeley Breakfast Club. He’s also a founding board member of the Berkeley Public Library Foundation. 

Bowman said the organizations receiving Berkeley Community awards were singled out for coming up with creative and effective solutions to persistent problems in the community.  

She described the Rosa Park Collaborative as an institution that just might represent the wave of the future, creating well thought-out multidisciplinary programs to address the educational, health and social needs of community youth to insure their success in life, while addressing the needs of their families—helping them to “thrive economically and socially in an environment of mutual respect.” 

The other organizational honoree, the Woman’s Daytime Drop-In Center, has, since its opening in 1988, served as a refuge for homeless women and children, providing support, food and access to community resources in an effort to help them overcome homelessness and regain self-sufficiency. 

Bowman said the center was chosen because of their effectiveness at helping women and children get back on their feet. 

The center is a perfect example of how the BCF has chosen to tackle issues that fall outside what other funders might define as community enrichment, she said.  

“We’re not just funneling philanthropy to nice ideas. We’re here to serve critical needs. We are concerned about the arts, but we are more concerned about the people who never get access to the arts.”  

Linda Lazzareschi, executive director of the Drop-In Center, said the organization was honored to be acknowledged by the BCF, whose finds have been crucial in helping them improve training for volunteers and the providing long-term comprehensive client services.  

“We would not be here if it were not for the efforts of our volunteers and financial support from the BCF,” she said. 

Ultimately, Bowman said, BCF “isn’t about the money. It’s about the community. We don’t just do philanthropy; we do community.” 

The event is open to the public. Tickets are $45 and include dinner and wine, and “every cent will go toward the grants,” she said. “People can make a huge contribution by coming and the tickets are cheap,” she said. “Every dollar counts and every gift is honored.” 

For more information and tickets, contact the BCF at 525-5272. A reception and no-host cocktails will start at 6 p.m. and dinner at 7p.m. at H’s Lordships, 199 Seawall Drive, in the Berkeley Marina. All donations to the BCF are tax-deductible.

SAN JOSE—In the back of the San Jose airport, 30-year-old Farhan Kahn is handing out samosas to the other cab drivers sitting in lawn chairs waiting for their dispatcher to call. Kahn, cabby by day, world-music sitarist by night, is giving his explanation for the never-ending Bin Laden references drivers hear. “Even in the Bay Area people are ignorant,” he says. “They need to watch less movies and more PBS.”  

He's joking, but the group of South Asian and Ethiopian men don't laugh. Before, racial slurs, and questions like, “What do you think about Saddam?” from passengers were only words, part of the job. Now, after the recent shootings of three Bay Area Sikh cab drivers, many fear those words may portend something much worse. 

Three shootings in two months. Davinder Singh, 21, was shot to death by two passengers early Sept. 13 in Redwood City. Gurpreet Singh, 23, was killed on July 2 in Richmond. Another cab driver, Inderjit Singh, 29, was shot in the jaw on July 5th when he responded to a call from his dispatcher. 

Most Sikhs share the last name of Singh. 

Police in both Richmond and Redwood City determined robbery to be the primary cause of the shootings. But many Sikh cab drivers say the crimes were about racial hatred. 

“They just see the turban and the beard and they hate us,” says Baljit Singh, an older Sikh man who has driven a cab in the Bay Area for four years. 

Sikh Cab drivers responded to the shootings by holding a work slowdown and organizing a memorial procession of hundreds of cabs from San Carlos to San Jose. 

Here at San Jose's Norman Y. Mineta airport, the most common feeling among drivers is that they are trapped in a political and economic moment that has put Sikh cabbies in the crosshairs. If asked whether the shootings were hate crimes or just about money, most cab drives say it was both. 

Farhan Kahn explains. “Right now the biggest question on people’s minds is, ‘Who has cash?’ Put that with all the mistaken identity about Sikhs, and people get targeted.” 

Kavneet Singh echoes the sentiment while speaking about the death of Davinder Singh at a Muslim community center in Santa Clara. “Police say it is not a hate crime, but when the shooter sees the turban and beard it must have made it that much easier to pull the trigger.”  

Kavneet is a local organizer for Sikh Media Watch and Resource Task Force (SMART) and is addressing an Asian, Latino, and black audience that has convened to talk about civil liberties struggles since 9/11. SMART has taken steps to connect the attacks on Sikh cab drivers to this broader public dialogue. Kavneet, a young healthcare professional who can handle a microphone, is a bridge between the insular community of Sikh drivers and the city officials and community activists. His unexpected transformation into a vocal activist has mirrored the evolution of the Sikhs community from largely unknown, to targets of racial slurs and violence, to an organizing community. 

Since the shootings, Kavneet and SMART have facilitated meetings between local and federal law enforcement officials, elected representatives and cab drivers regarding safety and protections. As a result of these efforts, city officials in Richmond are considering cab drivers' suggestions for installing video cameras and glass partitions in cabs. 

Kevneet says San Jose police have even approached him about organizing trainings for their officers on cultural sensitivity toward Sikhs. 

At the airport, drivers are starting to get called by the dispatcher. Nobody seems too worried right now about incidents. The danger comes at night, when customers are finished drinking at clubs and bars, and the streets are dark and empty. Getting up, Swara Singh, a driver for three years, tells Kahn to translate his Hindi. “I don't want to drive a cab anymore.” His wife and children, he says, worry about him. “But I have to. If I work for someone else they may make me shave my beard, and I won't do that.” 

Raj Jayadev is the editor of www.siliconvalleydebug.com, the voice of young workers, writers and artists in Silicon Valley and a Pacific News Service project.

In the back of my closet hangs a dress that I last wore in 1972. It is a shapeless shift, made of crushed blue velvet with red, yellow and green embroidery embellishing a v-neckline. The same embroidery edges the flared sleeves and matches the ankle-length hemline. It has an East Indian motif. I imagine three decades ago a dark skinned Hindu woman sat at an ancient foot pedal sewing machine matching seams together and hand stitching the flowery trim.  

I bought the dress at a head shop on Samson Street in Philadelphia. It hung on a rack in the store between cotton tie-dyed t-shirts and batik bedspreads. A tape of Ravi Shankar playing the sitar wailed in the background. Incense swirled around my head and patchouli oil seeped into my teenage nostrils.  

I put the dress on and I don’t remember taking it off for the next three years, although in retrospect, it seems that I must have. I wore the frock everywhere between 1969 and 1971. 

I donned it for my senior prom, freshman chemistry class, family Christmas gatherings and the single fraternity party that I was invited to my first year of college. I wore it shoplifting, hitchhiking, panhandling, to bed and to see Jimi Hendrix, Janis Joplin and The Doors. 

I wore it in the early morning hours when Jackie Wiler got drunk on a gallon of Boone’s Farm Apple Wine and threw up in my lap. 

I accessorized it with 10-inch platform heels, monstrous lace-up leather work boots, fringed rabbit fur moccasins and flimsy Indian sandals that caused a tropical rash between my toes. 

I wore it to Be-ins, Earth Day, anti-war marches, peace rallies, summer and winter solstice celebrations and nude beaches, where I blithely flipped it over my head and dropped it onto the sand as I raced to the Pacific’s edge. 

In winter I matched it with lime green tights, red knee socks and yellow opaque panty hose. In summer I wore it bare legged and unshaven. I put on hand-made bead earrings, mood rings, eight pounds of turquoise bracelets and a large leather peace sign that dangled between my braless breasts on a loop of burlap twine. 

I looked especially good by the light of an undulating lava lamp. 

I had my picture taken in that dress, a skinny pink feathered boa wrapped around my neck, wire rim, rose-colored granny glasses shading my dilated pupils. My hair stuck out from the sides of my head. There were definitely flowers in my hair. 

Now it hangs limp and sad in the closet on a hanger that is starting to bend under the weight of a dress that hasn’t moved in almost thirty years, except to be hauled twice across the North American continent in the back seat of a Super Beetle and shoved into a series of miserable little basement apartments, drafty communal cottages, storage units, teepees and trailers. It’s been stuffed into trunks and duffel bags, backpacks and shopping carts. It’s been borrowed by ex-sister-in-laws and a drag queen who long ago died of AIDS.  

I took it out of the closet the other day to see if it was suitable to wear for Halloween. I thought I could wear it with long shimmering earrings, thick mascara, a headband, and Easy Spirit walking shoes. But although it has no waistline, drawstrings or any shape whatsoever, I’m not certain I can still squeeze into it. 

Undaunted, I went up to Telegraph Avenue to buy a mask. 

As I got out of the car and mingled on the sidewalk with students and residents of the avenue, I realized that my dress was right in style and that it wouldn’t look like a costume on someone young and hip. Before I tried on a mask of Hillary Clinton, I looked in the mirror. Staring back at me was the face of someone I barely recognized. I looked as if I was already wearing a mask.

After working for the Albertson’s supermarket in Irvine, California for 16 and a half years, Susan, 52, has been shut out of her workplace after she and other workers demanded to keep their health care benefits and wages even though their contract was over.  

United Food and Commercial Workers (UFCW), represents 70,000 workers for the “Big Three” grocery companies in Southern California – Albertson’s, Ralph’s and Von’s. Irvine workers belong to Local 324.  

The strike began when workers at Albertson’s, Vons/Pavillion, and Ralphs Grocery were shut out of their stores on October 11. Before they left, they were responsible for training the temp workers how to run the store—people whom the companies brought in literally off the streets to keep the stores open during the times of the strike.  

“We had to train them,” said one assistant manager on strike, “and if we didn’t, we were being insubordinate. But I tell you, it’s heartbreaking to see somebody else doing your job and you know they’re not as qualified.”  

Deciding to strike was a difficult decision. Workers risk their jobs, their unions, and their future. They do not receive wages while they are on strike, although the union does pay them about minimum wage to picket.  

The corporations claim they need to “stay competitive” in order to compete with the Wal-Mart stores encroaching on their territory and undercutting prices – yet Vons, Ralph’s and Albertsons’ combined profits are 91 percent higher than they were four years ago. Further, on average, only about 25 percent of these supermarkets need to compete with a Wal-Mart in a given area. In terms of profitability, each of the Big Three surpassed Wal-Mart in the Fortune 500. Meanwhile, 15 corporate executives earned $70 million last year amongst themselves.  

The union has launched a website: www.saveourhealthcare.org that shows how well the Big Three are doing economically.  

“I’m just a few years away from retirement and they want to take my pension away from me,” Susan says. “And I’ve been working all this time. I feel like I’ve been betrayed by my company. To me, a promise is a promise. I gave up my weekends with my family to work at Albertson’s. The truth is that we played by the rules – the company didn’t.”  

Albertson’s and the other companies are attempting to create a two-tier system, in which the current workers would receive some of their current benefits, while new workers would receive no benefits and lower wages. As the present workers retire over the coming 20 years, the companies would undergo a complete “Wal-mart-ization.”  

“I look at our country,” Susan continues, “And I look at how it’s going. We’re going to have only the very rich and the very poor. We’re not going to have any middle class. Some companies give the same bonus, which is a share of the profits, to everybody, from the managers to the janitors, because it takes everybody to make a company.”  

Instead, Albertson’s, Vons and Ralph’s are glorifying the negative example set by Wal-Mart and treating their workers as if they were merely a commodity, merely a cost to be cut.  

Todd said, “We’re told Wal-Mart sends their employees to get food stamps because they don’t pay them enough to afford food. And this is what Albertson aspires to become?”  

There are apparently more Wal-Mart-ization schemes on the horizon. According to one worker, the Big Three have unveiled plans to phase in non-union stores, phase out butchers and food clerks, and increase the responsibilities of bag boys who are paid $6.75 an hour to start.  

“How would you feel? Wouldn’t you be pissed?” asks a striking worker named Connie. “What about the people who work Sundays and now they want to take away their Sunday pay [time and a half]? Kids are in school Monday through Friday, and Sunday is the one day where you want to be with them, but the grocery store can’t even pay you extra on this one day? These owners profit every single day from your customers.”  

Connie worries that with the increased costs of health care and increases in premiums, out-of-pocket expenses for both routine and emergency health needs would become completely unaffordable on an Albertson’s salary.  

She adds, “This experience makes me not want to work here, but I’ll go back after the strike and provide the excellent customer service again. Right now, the temporary service in there is questionable. The the meats are all out of code and prepackaged. They don’t cut it for you. They freeze it and then they thaw it. Most customers don’t know, so they freeze meat again at home that has already been thawed in the store. And that’s a health hazard.”  

The strikers’ flyers read: “We’re sorry for the inconvenience but we couldn’t let corporate greed take away our families’ health care benefits.”  

This article first appeared in the Irvine Progressive.

Roger Montgomery, a former dean of the UC Berkeley College of Environmental Design, died Saturday at his home in Berkeley. He was 79. 

Over the course of four decades, Montgomery taught thousands of students, said university spokesperson Kathleen Mclay, teaching his last course, a freshman seminar called “The Museum and The City” three years ago. 

Montgomery served as dean from 1988 until his retirement eight years later. The University awarded him the Berkeley Citation, the campus’s highest honor, in 1994. 

He is survived by three sons and six grandchildren. A memorial service will be held on campus in the spring.

City Manager Weldon Rucker’s presence in Berkeley’s government has been so consistent, reassuring and unflappable that when he announced his retirement as of Nov. 1, some city employees broke into tears and many reacted as if the foundation had been suddenly yanked from beneath Civic Center. 

City Council honored Rucker’s 31 years of civic service with a proclamation and numerous laudatory testimonials last Tuesday. Mayor Tom Bates, each of the councilmembers and the president of the League of Woman Voters praised the departing executive both personally and professionally. Words like “honesty,” “integrity,” “fair,” “responsive,” “reasonable,” “phenomenal,” “caring,” “foresight” and “wise” flowed from the council dais.  

The responsibility and demanding hours of the city manager’s job are daunting, but nearly everyone who follows local politics agrees that Rucker—who worked his way up through the ranks to the city’s top job—carried out his leadership duties with professionalism and an unflagging commitment to the citizens of Berkeley. 

Rucker, 62, who had a heart attack in 1994 and suffers from diabetes, said he is stepping away from the high-pressure job to focus on his health and spend quality time with Jeanie, his wife of 41 years, their two adult daughters and two granddaughters. Rucker will be replaced by Deputy City Manager Phil Kamlarz. 

“This job can take a toll on your health and family life,” Rucker said. “It can be a bit lonely for my wife when I just come home to sleep and change my clothes.” 

While the mayor and City Council often have a higher public profile, it’s the city manager who is immediately responsible for overseeing the innumerable details and tasks that keep the city functioning. Council may be praised when it approves a new budget, for example, but it relies almost entirely on the city manager’s funding recommendations because he is the one who is responsible for crunching the numbers.  

The city manager oversees nearly all of the city’s daily functions including emergency and health services, public works, economic development and housing to name just a few. From fixing potholes to catching stray cats to preparing for the city for possibility of large scale disasters, the daily buck stops at the city manager’s desk.  

Mayor Tom Bates commended Rucker for his commitment to making city government citizen-friendly and for his good judgment and level-headedness amidst the city’s well known political histrionics. 

“People get so excited about things and Weldon is always the one who pauses. You can see his mind working and then he comes up with something that makes perfect sense,” he said. “We were so blessed to have him.” 

Councilmember Kriss Worthington said Rucker’s retirement was “the saddest piece of news I had heard since I was first elected to the Council.” 

Councilmember Linda Maio said “We’re like a family on the fifth floor (of Civic Center) and you’re the dad.” 

Rucker is a large man, tall and broad-shouldered, packing a bit of extra weight around his middle of the sort that the Italians might say adds to his authority. He moves and talks slowly, as if he’s calculated how to regulate his energy to ensure he can function through the tough work days that frequently go long into the night. His easy manner and ready humor instantly put people at ease (Councilmember Miriam Hawley requested that he stop by Civic Center occasionally after he retires just so she could hear his “rumbling” and “somehow reassuring” laugh). 

Popularity aside, several city employees said Rucker believes in hard work above all else and that he can, at times, be a harsh taskmaster behind closed doors. “The motto around the Civic Center is ‘work, work, work,’” said one mid-level administrator, “and there’s not a lot of tolerance for anything less.” 

Leaning back in a chair in his corner office that overlooks Berkeley High School and Civic Center Park, Rucker took some time from his busy schedule to talk about his 31 years with the city, his priorities for managing city government and the uniqueness of Berkeley.  

He quickly dismissed any notion that he was personally responsible for having much impact on city government. 

“Just thinking about it, what have I really done that I accomplished by myself?” he said. “It’s always been in coordination with other people.” 

But those in the know in city government say Rucker has been the driving force behind such valuable city programs and services as the Adult Health Project and the Safe Telegraph Avenue Project. He’s also credited with establishing the Office of Neighborhood Services—which greatly increased the city’s response to complex neighborhood problems by coordinating multiple city services—and the City Center, which helps citizens and businesses quickly navigate city departments.  

A graduate of Saint Mary’s College with a degree in business management, Rucker began working for the city in 1972. He spent seven years in youth services, first as a recreation coordinator, then working with young adults and finally as a youth employment supervisor.  

He says working with the city’s youth first inspired him by revealing the potential to make a difference. Though a city employee, he was often put in the position of advocating for at-risk kids with city officials, giving him valuable insights into working from within the system. 

“I was in, but I was also out,” he said. “It taught me how to work with a bureaucracy.” 

It also gave Rucker another advantage, according to Frank Davis Jr., president of the Black Property Owners Association. Through his work with youth, he had gained the trust and goodwill of the African American community in South Berkeley. 

“There had been four other African American city managers before Weldon, but no one who had lived in South Berkeley, worked here and knew all of the kids by name,” Davis said. “It was a big plus because he had a special connection with south Berkeley residents and they felt they could go to him for advice and he was always, always available. I don’t know if the city will ever be able to replace him.” 

Rucker said availability and responsiveness to the populace have been the basis for his management style. “We have active, intelligent and knowledgeable citizens who know the rules and regulations,” he said. “It’s important that we work to engage and partner with the community. Increasing communication and understanding reduces rancor around certain issues.” 

Then there is the public’s vigorous participation in a city which has more citizen commissions per capita that any other municipal government in the country—at last count, some 42 commissions, boards and task forces. Rucker said the proliferation of citizen commissioners made his job “interesting.” 

“It’s a double-edged sword. On one hand, it stretches resources and staff time to have so many commissions and sometimes the commissions work at cross purposes,” he said. “But on the other hand if we didn’t harness the great minds in Berkeley and allow the free flow of ideas and idealism, we wouldn’t be who we are.” 

He pointed to Berkeley’s long list of innovations and firsts, such as being the first city to divest from businesses connected to South Africa’s apartheid government, the first to offer a municipal recycling program and the first to ban Styrofoam. 

Rucker said he is leaving office with a few regrets. He is sorry that the large vacant lot on the corner of Telegraph Avenue and Haste Street was never turned into a mixed-use building. He wishes the city had been successful in its attempts to replace a portion of Derby Street near the campus with a city baseball field, and he regrets that the city was unable to solve its homeless problem.  

“Despite our best attempts, we were only able to contain homelessness to a certain degree,” he said. “We were never able to come up with a solution.” 

Rucker has no plans for the immediate future. “A lot of people have come up to me and said they have the perfect job or project but I’m not too interested right now,” he said in his usual slow drawl. “But I’m not leaving Berkeley and I’m sure I’ll be getting involved in something before too long.” 

A public farewell reception will be held for Weldon Rucker on the sixth floor of the Civic Center Building from 3:30 to 6:30 p.m. today (Tuesday Oct. 28.)  

Every day this week, a small group of janitors has picketed UC Berkeley’s well-known International House—home to many of the university’s international graduate students—in response to what they call unfair working conditions and harassment from the building supervisor.  

International House—also known as the I-House—has often been a focus of labor strife because of what union organizers and employees call its unique status in the university. 

Though International House is a self-supporting nonprofit organization, its employees work for the university under the same American Federation of State Municipal and County Employees (AFSCME) Local 3299 contract as the rest of university. 

This mix of conditions, say the janitors, allows the I-House to treat them in a way that wouldn’t be tolerated elsewhere on campus. 

Among their concerns is what they call an uneven division of work, in which some employees are assigned twice as much as others. 

“We’ve gotten to a point where these unlucky custodians feel like they are working in Siberia,” said Nester Salo, a custodian who has been working at the I-House for 13 years. “They have more work that they can handle in an eight-hour shift.” 

Salo said other custodians are assigned spaces that only take two to three hours to clean. 

Employees and union organizers designed what they say are equitable work assignments for a scheduled meeting with building administration in July. According to the union, administrators rejected the new proposal, a move the employees called bad faith bargaining. The picket line is the result. 

Salo said he and his colleagues also say one supervisor is routinely disrespectful and unfair to employees, continually yelling inappropriate comments and creating an uncomfortable work environment. 

“They’re treating us like dirt and it shouldn’t be that way,” he said. 

The supervisor did not return calls about the employees’ comments. 

Both sides met Tuesday, this time with a representative from the university, and are set to meet again within the next two weeks to try to re-draw work areas. Howard Lewis, the university’s senior labor relations representative will attend. 

“I don’t know what is going to come out of the meeting,” said Lewis. “We have to have credibility on both sides, whereas I do represent the management I have to also represent the employees.” 

The janitors say they’ll keep picketing until the issues are resolved.

Anybody with an ounce of anarchism in their blood felt a secret frisson of delight at San Francisco Supervisor Chris Daly’s one-day coup last week. While Real Mayor Willie Brown was junketing in Asia, Mayor-for-A-Day Daly appointed two of the five members of The City’s extremely important Public Utilities Commission, and it looks like the appointments are going to stick. Some who believe in maintaining proper decorum (yes, we do have them, even in Berkeley) profess that they are Shocked, Shocked at Daly’s breach of political courtesy, of course. But that reaction misses the very real reason Daly felt justified in seizing the reins: the winner-take-all system for appointing commissioners in the city and county of San Francisco. Technically, the mayor (whoever that might be at the moment) gets to appoint all of the commissioners. Lately there’s been a nod to the power of the Supes, who can now veto some or all of the appointments, in some circumstances. (Here the Daily Planet must confess to haziness on the exact details. The San Francisco charter is a baroque, much-amended document that makes Berkeley’s somewhat fuzzy charter look crystal-clear.)  

Here, we pride ourselves on our Fair Representation Ordinance, under which our mayor and councilmembers each get one appointment, ensuring at least, most of the time, some variety of views on our commissions. That’s not to say that interest groups don’t have the ability to capture particular commissions, often for benign purposes. For example, we seldom see anyone appointed to the Parks Commission who favors converting all our parks into parking lots, though some in Berkeley might like that.  

The very diversity of our commissions can potentially lead to paralysis, but most of the time they work pretty well, better than the San Francisco equivalents. (The chair of San Francisco’s equivalent of our Landmarks Commission is now leading a campaign to modify his commission’s powers to be more like Berkeley’s.) At the same time, however, Berkeleyans need to watch out for the pervasive governmental tendency to creeping centralism, which has existed throughout history and around the world regardless of the form of government. 

Under the current mayor, we seem to be slowly drifting toward a kind of government by task force, coupled with sotto voce grumbling about the power of citizen commissions. Mayoral task forces, unlike commissions, have no fair representation requirement—the mayor just appoints everyone. When former mayor Dean tried this, progressives screamed, but now that their guy is doing the appointing their screams have been muted.  

So far, only two task forces have really gotten going. The Development Task Force has been forced by citizen activists to adopt a fairly public profile, but the City Revenue Task Force has come and gone without even posting a list of its members on the web. Since it was chaired by the estimable former Assemblymember Dion Aroner (who was Bates’ Sacramento aide for twenty years), its recommendations were expected to be reasonably solid. However the lack of real public participation in discussing alternative ways to deal with Berkeley’s inevitable cash crisis risks provoking voter hostility toward the recommended solution, which calls for balancing the budget with a $10 million parcel tax to be placed before voters in March. 

There’s muttering in the ranks, from a surprising number of points on the political spectrum, about the Revenue Task Force’s reluctance to examine whether the city’s union contracts are excessively generous in light of current revenue problems. Some, those historically closer to Berkeley’s “moderate” party, have not been shy about expressing these criticisms at council meetings and in print, including in these pages. What is more surprising is that a good number of well-respected long-term activists in the “progressive” party are saying the same kinds of things in private. The City Council, especially the “progressive majority,” ignores these voices at their peril. They’ve already voted to place the parcel tax on the ballot, at one of the usual poorly attended council sessions where active discussion is minimized. It will be billed as funding for fire services, an easy sell, but everyone won’t be fooled. A poll which was supposed to measure voter willingness to increase taxes did not show unequivocal enthusiasm from two-thirds of the electorate under all circumstances. 

Before the March vote there will be plenty of time for the sub-rosa criticisms to surface in the public discourse. Berkeley voters have always been generous with government, but with the current economic downturn this might not continue to be true. The council doesn’t take final action on all ballot measures until Nov. 25. They still have time to take a better look at paring staff costs as one way of helping to balance the budget. 

Becky O’Malley is executive editor of the Daily Planet.