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Richard Brenneman:
          
          Workers prepare the final assault on Congregation Beth Israel. ›
Richard Brenneman: Workers prepare the final assault on Congregation Beth Israel. ›
 

News

Local Politicians Lead Effort To Open Domestic Violence Center

By JAKOB SCHILLER
Tuesday May 18, 2004

Services for victims of domestic violence exist in various agencies throughout Alameda County, and that is part of the problem, according to representatives from several local social service organizations. Trying to piece those services together to serve a domestic violence victim can be a time consuming and convoluted process. 

That’s why, with the help of Assemblywoman Loni Hancock and County Commissioner Alice Lai-Bitker, Alameda County may soon open a comprehensive family justice center where victims will have access to all the services they need under one roof. 

“It’s unimaginable what people have to go through to get to access to the services we will provide,” said Nancy O’Malley, the chief assistant District Attorney for Alameda county, and one of several county representatives working on the project.  

Alameda county is currently one of 12 finalists waiting to hear if they will receive a $1.5 million grant from the federal Department of Justice to set up the family center. As part of new federal legislation, the grants are meant to fund centers that house all of the various government, law enforcement and social service programs that victims need, instead of forcing them to visit multiple agencies located all over the county.  

At the same time, both Hancock and Lai-Bitker say they want to insure that regardless of whether the county receives the grant, victims will have a more coordinated approach.  

Last week, Hancock introduced legislation originally written by Lai-Bitker that would increase funding for oversight and coordination of domestic violence prevention, intervention, and prosecution efforts. Based on a model already used in Contra Costa county, the law—if passed—would allow the Board of Supervisors in Alameda and Solano counties to increase the fees for copies of marriage, birth and death records by up to $2, generating up to $200,000 a year. 

How that potential $200,000 is spent depends upon the federal grant. If Alameda County wins the federal grant, the increased-fee money would create an operation budget for the combined center. If the federal grant—and, therefore, the combined center—doesn’t materialize, the increased-fee money would go towards facilitating and coordinating existing services. 

“This [increased fee state] bill is a response to what is an epidemic of domestic violence really all over the state,” said Hancock. “We know so much about domestic violence that we really should be able to get a coordinated plan to ensure that no victim is left without resources.” 

According to O’Malley from the district attorney’s office, victims of domestic violence currently have to navigate a tangled web of government services to even start the process towards recovery. During the process of filing charges and getting a restraining order, victims have to go back and forth between two different law enforcement agencies and up to three different court systems. Even if the process runs smoothly, all the filing requires a mountain of complicated and time-consuming paperwork.  

In the meantime, O’Malley said, a victim has to worry about finding a new house and possibly a new job. A victim with children has to manage child care as well. In the meantime, the victim must find social services to get counseling for themselves and their children, part of what O’Malley says is a process surmountable only by a genius “with nothing but time on their hands.” 

If there is an error in any part of the process, the victim is sometimes forced to re-navigate the entire system. At the proposed center, the victim could walk down the hall, get the error taken care of, and be done. 

A coordinated system is also key to breaking the cycle of violence, according to Julia Arno, the executive director of the Family Violence Law Center in Oakland. Instead of getting stuck part way and falling back into the situation the victim is trying to escape, comprehensive care insures she can move on. 

“It’s the best way to close the system gaps,” Arno said. “It would be huge if we could get this grant. There is so much good we could do if we could consolidate.”  

In Berkeley, representatives from social services agencies say there is a steady need for services to deal with domestic violence. Unfortunately, said boona cheema, Berkeley does not have any centers that deal exclusively with domestic violence, forcing most people in need to look for services in Oakland or at other social services in Berkeley. Cheema is the executive director of Building Opportunities for Self-Sufficiency (BOSS), an organization that combats poverty and homelessness. 

Cheema said around seven percent of the people BOSS helps are domestic violence victims.  

“A lot of us who are trying to provide services to woman who have domestic violence issues, we are not trained, we are doing this because they are showing up in our programs,” she said. When someone shows up, she said service providers try and get them into a domestic violence center, “but if every site is full, we take that person in and try to do the best we can.” 

Cheema said a combined family center would ease the overflow and backlog of victims trying to get services and ensure that they get the proper treatment at the proper facilities.  

She said several Berkeley groups came together when Shirley Dean was mayor of Berkeley to try to create a domestic violence safe house, but were continually shot down by neighbors at two different locations. 

According to Arno from the Family Violence Law Center, however, her organization does send out advocates along with the Berkeley police when they respond to any domestic violence calls. 

O’Malley from the district attorney’s office said Alameda County already had one of their site visits from the grant coordinators and are just waiting to hear the final decision. The county already picked out a building in downtown Oakland that could house the facility. 




Synagogue Demolished, But Where’s the Permit?

By RICHARD BRENNEMAN
Tuesday May 18, 2004

The 83-year-old building housing the oldest traditional synagogue in the East Bay and the largest Orthodox congregation in Northern California is no more—and two city commissioner think that just might not be. . .appropriate. 

Demolition had been halted by city officials last week after they learned that the tear-down had begun without the necessary city permits, city Director of Planning and Development Dan Marks told the Landmarks Preservation Commission last week. Marks told the commission his staff had issued a stop-work order, halting the demolition until the congregation obtained the necessary permit. 

When work stopped, the walls and roof were still intact, though the walls had been stripped of stucco and the ceiling had been reduced to segments of broken lath. 

While the Zoning Adjustments Board gave their approval Thursday night to the latest modifications to the congregation’s plans for the structure, ZAB Commissioner Carrie Sprague said they hadn’t authorized the complete demolition of the existing building. 

“Their plans called for retention of the brick structure on the site, and the city zoning code requires that they obtain a demolition permit issued by the board before they can remove more than half of the roof and exterior walls,” Sprague said. “None of us read anything about demolition in anything we approved Thursday night.” 

Commissioner Andy Katz agreed. “We didn’t issue a demolition permit Thursday night. The permit we issued Thursday was only to modify the existing use permit.” 

Katz also wondered why the project hadn’t been sent for vetting by the Landmarks Preservation Commission, since the structure was over 40 years old. 

Asked Monday about the question of permits, Michael A. Feiner, the contractor in charge of the project, said, “I believe we have all the permits we were required to get.” 

A spokesperson for the congregation, who spoke on condition of anonymity, cited the Thursday ZAB action as the reason demolition had been recommenced. 

All that was left of the 1921 wood frame structure Monday afternoon were the remnants of a single wall, propped up by two-by-fours on the west side of the 1630 Bancroft Way lot. 

The original building had never been landmarked by the city, easing the demolition process. 

The replacement will be a far less ambitious project than had been originally planned. 

In October, 2001, architects Tomas Frank and David Finn unveiled plans for a far grander structure, a recreation of a fabled 17th Century wooden synagogue in Prezdborz, Poland, burned by Hitler’s troops when they massacred the community’s Jewish inhabitants in 1942. 

When fund-raising efforts fell far short of the required $3.5 million needed to build the replica, the congregation scaled back their plans and opted for a more modest design. 

Until the new building is completed, Rabbi S. Yair Silverman and his 180 members of Congregation Beth Israel are meeting in Berkeley’s Finnish Hall, 1819 Tenth Street. 

There’s no doubt that the old stucco-coated wooden structure suffered from severe dry rot, and during a reporter’s visit to the site a weekend, a strong fungal scent was obvious. 

All that remained Monday of the brick portion of the structure was a pile of bricks. 

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Brower Center, Budget Issues on Council Agenda

By MATTHEW ARTZ
Tuesday May 18, 2004

The City Council tonight (Tuesday, May 18) is scheduled to review and vote on the latest plan to transform the city-owned parking lot on Oxford Street (between Allston Way and Kittredge Street) into the largest affordable housing complex in the city and a mecca for environmental activism and education. 

The David Brower Center, named after the Berkeley native who founded the Sierra Club, the ambitious and controversial development headlines a busy council agenda that includes the first public hearing on the proposed 2005 budget, a slew of public hearings on city fee increases, a review of possible tax measures heading to voters in November, and an effort to keep one controversial measure on prostitution off the ballot. 

On the Brower Center, councilmembers are being asked to let city officials start negotiations on a binding contract with the nonprofit developers—Earth Island Institute and Resources for Community Development (RCD)—that would be activated once those developers secure financing for the project. After the developers raise the money, they would still have to go before Design Review and the Zoning Adjustment Board for approval of the details of the project. The developers hope to complete the project within three years, Berkeley Housing Director Steve Barton said. 

Originally envisioned as one mega complex, the plan now calls for two five-story buildings at the site. One building would include retail space below the roughly 95-units of low-income housing, developed by nonprofit builder RCD. The second building would house the Brower Center over retail space and possibly an art exhibition space.  

The split will allow the space for environmental-based nonprofits to be built to highest possible green building codes—a standard that the affordable housing segment couldn’t afford to meet, said Barton.  

Underneath the buildings would be one level of underground parking to replace the roughly 105 space parking lot. 

The city has agreed to turn over the parcel valued at $4.8 million to the developers in return for a renewable long-term lease at the underground parking garage, estimated to also cost in the neighborhood of $5 million. 

Berkeley currently earns about $350,000 a year from operating the lot, said Barton. Under the current plan, the city stands to generate more money from the parcel by adding sales and property taxes from the new shops to the parking revenue.  

That concept drew little opposition two years ago when a council majority selected the Brower Center proposal at the end of an era of flush budgets and scarce housing. Now with the city in the midst of a budget crisis, some people are questioning the wisdom of devoting the bulk of perhaps the most significant parcel of open land downtown to a project heavy with nonprofits that won’t pay city taxes. 

Monday the Berkeley Alliance of Neighborhood Associations (BANA), listed among other concerns, the cost to the public by way of “grants, fee waivers, land cost writedowns, long term tax exemptions, projected sales tax and other revenues or lack thereof.” 

Councilmember Gordon Wozniak described the trading of the land for the rights to the underground parking as a “substantial gift to the Brower Center. My main concern is basically they’re asking the city to give them the land for free.” Wozniak nevertheless complimented the goals of the project. 

An arts component for the development—requested by the city—is undetermined. The current plan designates space for arts that could include a gallery and a screening room, but unless an arts groups comes on board, it could revert to more retail, Barton said. 

He added that the buildings wouldn’t be big enough to accommodate a theater space recommended by the Planning Commission three years ago. 

Currently the Brower Center exists only as a board of directors. The San Francisco-based Earth Island Institute, also founded by Brower, has taken the lead in planning the center and raising money, mostly through private donations. The group’s website envisions the center as a consortium of nonprofits that would include a museum in Brower’s honor and an environmental educational center. 

Resources for Community Development is seeking federal and state funding for the housing development, targeted for lower and middle income families. Barton said the city has already pledged to provide Section 8 housing vouchers for one-quarter of the unit. 

 

Budget and Fees 

Tonight’s agenda will include six public hearings on fee increases, some of which promise to face opposition. 

The city is proposing a 7.8 percent increase in registration fees along with several other fee increases and a new surcharge for Tuolumne Camp—a city owned camp site just west of Yosemite National Park. 

Because of the budget crisis, the city’s three camps must all be self sufficient by fiscal year 2007. The plan raises fees at Tuolumne—the most popular and profitable camp—to offset deficits at Echo Lake Youth Camp and Berkeley Day Camp.  

At a recent meeting, the eight-member Parks and Recreation Commission split on the proposal, with four members arguing that any increased fees at Tuolumne should go towards facility improvements at the camp. 

Also on the council agenda is a proposal to increase rental fees at the city’s senior centers to raise $120,347. Councilmember Dona Spring said fees were already too high, shutting out small community groups from the spaces. 

The council will also consider increased fees for garbage collection, sewer connections, city Internet transactions, and services at the permit center. 

In addition to fees, the council will reconsider possible tax measures to take to voters in November. Spring hopes to win more money for a Clean Water Tax that would supply money to unearth city creeks as well as repair storm drains and keep already-daylighted creeks clean. 

 

Sex Workers 

With nearly all the signatures collected for a ballot measure that would call on the city request that the state decriminalize prostitution and make its enforcement in Berkeley a low priority, the Sex Worker Outreach Project has agreed to withdraw their petition if the council adopts a compromise resolution. The resolution would make the same request of the state, but would keep enforcement of city prostitution laws a priority. In addition, the police would have to report incidents of prostitution arrests to the Police Review Commission and the council. 

 

 

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Berkeley This Week Calendar

Tuesday May 18, 2004

TUESDAY, MAY 18 

Morning Birdwalk Meet at 7 a.m. at the parking lot on Golf Course Rd., just east of Grizzly Peak Blvd. 525-2233. 

Mini-Rangers at Tilden Nature Center Join us for an active afternoon of nature study, conservation and rambling through woods and waters. Dress to get dirty; bring a healthy snack to share. For 8-12 year olds, unaccompanied by their parents. Cost is $6, $8 for non-residents. Registration required. 525-2233. 

“Organic Pest Control in the Garden” with Jessica West, Landscape Consultant and U.C. Master Gardener. Learn how to rid your garden of pests without using toxic chemicals. Hosted by the Berkeley Garden Club at Epworth United Methodist Church, 1953 Hopkins St. Guests are welcome. Meeting at 1 p.m. and the free program at 2 p.m. 524-4374. 

Friends of Strawberry Creek will meet from 6:30 to 8:30 p.m. at the Berkeley Public Library Meeting Room, 2090 Kittredge St. Robert Charbonneau will speak on “Perspective, Past and Future on the Management of the Upper Strawberry Creek Watershed.”  

American Red Cross Blood Services volunteer orientation from 6 to 7:30 p.m. at 6230 Claremont Ave., Oakland. Sign-up needed 594-5165. 

Strawberry Tastings at Berkeley Farmers’ Market, Derby at MLK from 2 to 7 p.m. 548-3333. www.ecologycenter.org 

Organic Produce at low prices sold at the corner of Sacramento and Oregon Streets every Tuesday from 3 to 7 p.m. This is a project of BOSS Urban Gardening Institute and Spiral Gardens. 843-1307. 

“The Order of Genocide: Race, Power and War in Rwanda” with Scott Strauss, Dept. of Political Science, Univ. of Oregon, at 4 p.m., 652 Barrows Hall, UC Campus. Sponsored by the Center for African Studies. 642-8338. www.ias.berkeley.edu/africa 

“Disability Benefits and Advocacy,” a talk by Beverly Bergman, Advocate Specialist with Oakland’s Mental Health Advocates from noon to 2 p.m. at Herrick Campus of Alta Bates Medical Center, 2001 Dwight Way. Free. Sponsored by Berkeley’s Fibromyalgia Support Group. 644-3273. 

Phone Banking to ReDefeat Bush on Tuesdays from 6 to 9 p.m. at Cafe de la Paz, 1600 Shattuck Ave. Bring your cell phones. Please RSVP if you can join us. 233-2144. dan@redefeatbush.com 

“We Interrupt This Empire” video screening and discussion at 7 p.m. at Grand Lake Neighborhood Center, 530 Lake Park Ave, Oakland. Suggested donation $1, no one turned away. www.ebcaw.org 

East Bay Theology on Tap meets to discuss “Penance in a Culture of Death” with Fr. Tom Scirghi at 7 p.m. at 4092 Piedmont Ave. Contact Norah at St. Leo the Great 654-6177. 

St. John’s Prime Timers meets at 9:30 a.m. at St. John’s Presbyterian Church, 2727 College Ave. Cynthia Davis from Alzheimer’s Services will speak at 11 a.m. 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. 548-3991. www.berkeleycameraclub.org 

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.  

Goddess Grace Moving Meditation at 10 a.m. at Belladonna, 2436 Sacramento St. Cost is $7-10, bring a yoga mat or blanket. 883-0600. www.belladonna.ws 

WEDNESDAY, MAY 19 

UCB’s Long Range Development Plan at the Planning Commission at 7 p.m. at the North Berkeley Senior Center. Copies of the plan and the draft Environmental Impact Report are available at http://lrdp.berkeley.edu 

Gray Panthers at Night with a video of Mordechai Vanunu’s release from Israeli prison, discussion and light dinner, at 7 p.m. at 1403 Addison St. 548-9696. 

Street Skills Class for Cyclists A bicycle safety class for experienced and beginning cyclists, for bike commuters, for parents who bike with their kids, and for any cyclist who just wants to get around town safely. The classroom session is held from 6 to 9:30 p.m. followed by an all-day on and off bike practical skills session on May 22. Cost is $20, pre-registration required, 549-RIDE (7433). Funding for these classes is made possible through a generous grant from the City of Berkeley. 

Palma-Soriano video presentation, from Berkeley’s sister city in Cuba at 6:30 p.m. at the South Branch Library, 1901 Russell St. 981-6260. 

“Hello Hemingway” a film about one of Cuba’s cultural icons, at 7 p.m. at Fellowship of Humanity, 390 7th St., Oakland. Donations accepted. 393-5685. 

“Israel’s Secret Weapon,” the US Campaign to Free Mordechai Vanunu, a video by the BBC, with commentary by Dale Nesbitt, Hal Carlsbad and Cynthia Johnson who greeted Vanunu when he was freed from prison, at 7 p.m. at the Richmond Public Library, 325 Civic Center Plaza, enter through left of building. 236-0438. 

LUNA Kids Dance Fundraising Gala, with dance performances by LUNA students and alumni, silent auction, book signing by Patricia Reedy, and tour of Clif Bar Inc.’s unique offices hosted by owner and CEO Gary Erickson, at 7 p.m. at Clif Bar Inc., 1610 Fifth St. Cost is $100. 644-3629. nng@lunakidsdance.com 

Berkeley Communicators Toastmasters meets at 7:15 a.m. at Mediterraneum Caffe, 2475 Telegraph Ave. 524-3765. 

Berkeley Peace Walk and Vigil at the Berkeley BART Sta- 

tion, 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 meets 7 to 9 p.m. at the Jewish Community Center, 1414 Walnut, at Rose. 524-3034. 

Fun with Acting Class at 11 a.m. at the North Berkeley Senior Center. Free, all are welcome, no experience necessary.  

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

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. 848-0237.  

THURSDAY, MAY 20 

Bike to Work Day sponsored by the Metropolitan Transportation Commission with “energizer stations” around Berkeley. For more information visit www.511.org 

Berkeley Farmer’s Market with all organic produce opens at Elephant Pharmacy parking lot, 1607 Shattuck Ave., at Cedar from 3 to 7 p.m. 548-3333. www.ecologycenter.org 

The Tongass National Forest in Alaska is the subject of the May Audubon meeting, held at 7:30 p.m. at the Northbrae Community Church, 941 The Alameda. Free and accessible. 843-2222. www.goldengateaudubon.org  

“From the Fryer to the Fuel Tank” a talk by biodiesel activist Josh Tickell on the status of the oil and biodiesel industries worldwide, at 7 p.m. at the Ecology Center, 2530 San Pablo Ave. 548-2200, ext. 233. www.ecologycenter.org 

Botanical Garden Volunteer Orientation for volunteers for the Garden Shop, event support, plant propagation, horticulture and curatorial support, at 4 p.m. For information call 643-1924. 

“Living with Lions” a talk by Michelle Cullen from the California Mountain Lion Foundation at 12:30 p.m. at the Oakland Museum of California, 10th and Oak Sts. 238-2200. www.museumca.org 

Simplicity Forum “The Sweet Smell of Simplicity,” with Lois O'Reilly at 7 p.m. at the Claremont Branch Library, 2940 Benvenue Ave. 549-3509. www.simpleliving.net 

Lavendar Lunch Bunch meets at 12:30 p.m. at the Lakeside Garden Center, 666 Bellevue, Oakland. Sponsored by Lavender Seniors of the East Bay. 667-9655. 

Report Back from South Africa Discussion and reception at 6:30 p.m. at 150 University Hall, corner of Oxford and Addison, UC Campus. 527-4099. 

Tea Dancing and Dance Lessons with Barbara and Jerry August from 2 to 4 p.m. at the Hillside Club, 2286 Cedar St., Costis $10, includes refreshments. 925-376-6345.  

FRIDAY, MAY 21 

City Commons Club Noon Luncheon with Kaiping Peng, Prof. of Psychology, on “Cultural Ways of Thinking.” Luncheon at 11:45 a.m. for $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. 

California Higher Education Budget Cuts A public hearing with The California Assembly Committee on Higher Education and Assemblymembers Wilma Chan, Loni Hancock, Ellen Corbett, Mark Leno, Carol Liu & Darrell Steinberg from 10 a.m. to noon at International House, University of California, 2299 Piedmont Avenue at Bancroft Way. www.democrats.assembly.ca.gov/keepthepromise 

Evening with George Lakoff, Prof. Linguistics, UC Berkeley, author of “Moral Politics: What Conservatives Know that Liberals Don’t,” at 7 p.m. at First Congregational Church, 2345 Channing Way. Sponsored by Wellstone Democratic Club. 418-2760. www.democraticrenewal.us 

“We Are Everywhere: The Irresistible Rise of Global Anticapitalism” with Andrew Stern and Jennifer Whitney who recently returned from Iraq, at 8:30 p.m. at the Long Haul Infoshop, 3124 Shattuck Ave.  

Street Skills Class for Cyclists Street Skills is a bicycle safety class for experienced and beginning cyclists, for bike commuters, for parents who bike with their kids, and for any cyclist who just wants to get around town safely. The classroom session is held 6 to 9:30 p.m. followed by and an all-day on and off bike practical skills session on May 22. Cost is $20, pre-registration required, 549-RIDE (7433). Funding for these classes is made possible through a generous grant from the City of Berkeley. 

Nature Sound Recording Workshop, presented by the Oakland Museum of California and the National Park Service. Workshop runs through Sunday. Cost is $185-$210. 238-7482. www.naturesounds.org 

Tilden Sunset Hike A hike down Laurel Canyon, up Wildcat Peak for sunset, and back along the ridge. Meet at 6 p.m. at Inspiration Point on Wildcat Canyon Road with warm layered clothing, flashlight and snack to share. Sponsored by Solo Sierrans, you need not be a member to attend an activity. 601-1211.  

Spanish Literacy Night at the Berkeley YMCA, 2001 Allston Way, from 7 to 9 p.m. with a special Latin American music performance with Grupo Colibri at 7:45 p.m. 665-3271.  

Berkeley Opera Fundraiser to support the premiere of Suprynowicz’s “Caliban Dreams” at 8 p.m. at Le Theatre, 1919 Addison St. Dinner and performances by tenor John Duykers, soprano/librettist Amanda Moody, and Ancora, of the Piedmont Childrens Choir. Cost is $90. Please RSVP to 444-6232. clarks@igc.org  

Benefit for Immigrant Workers Freedom Ride with a screening of “The Gatekeeper” at 7 p.m. at AK Press Warehouse, 674A 23rd St., Oakland. Donation $8-$20. 208-1700. 

“Icons of the Matrix” a slide presentation by Max Dashú in a benefit for Suppressed Histories, at 6:30 p.m. at Belladonna, 2436 Sacramento St. 883-0600. www.belladonna.ws 

Berkeley Chess Club meets Fridays at 7:15 p.m. at the Berkeley City Club, 2315 Durant Ave. Players at all levels are welcome. 652-5324. 

Women in Black Vigil, from noon to 1 p.m. at UC Berkeley, Bancroft at Telegraph. wibberkeley@yahoo.com 548-6310, 845-1143. 

Meditation, Peace Vigil and Dialogue, gather at noon on the grass close to the West Entrance to UC Berkeley, on Oxford St. near University Ave. People of all traditions are welcome to join us. Sponsored by the Buddhist Peace Fellowship. 655-6169. www.bpf.org 

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. 

Herbal Tea at Three Learn tea lore, medicinal properties, and taste familiar and exotic varieties. Every Friday from 3 to 4 p.m. at Elephant Pharmacy. 549-9200. www.elephantpharmacy.com 

SATURDAY, MAY 22 

Himalayan Fair from 10 a.m. to 7 p.m. in Live Oak Park, 1300 Shattuck Ave. Authentic Himalayan arts, antiques and modern crafts, live music and dance performances and exotic foods. Donation of $8 benefits humanitarian grassroots pro- 

jects in the Himalayas.  

19th Bay Area Storytelling Festival from 9 a.m. to 7:30 p.m. Sat. and Sun. at Kennedy Grove Regional Rec. Area. Join us for a weekend of lively, entertaining and captivating storytelling featuring professional tellers from across the country including Milbre Burch of Missouri, Michael Parent of Maine, Vicki Juditz of Southern California, Tim Tingle of Texas, and Gladys Cogswell of Missouri. Cost for the whole weekend is $52 adults, $40 senior, $29 children under 15; tickets for individual events are also available. 869-4969, 650-952-3397. www.bayareastorytelling.org 

Lost Waterfall in Spring Join a seasonal 3.5 mile trek to Lake Anza as we explore the riparian flora and fauna. Bring a snack to enjoy as you hear the story of the waterfall that isn’t here. Meet at 1 p.m. at Tiden Nature Center. 525-2233. 

Kids Garden Club We will design and carry out our own scientific experiments and learn by doing, from 2 to 4 p.m. at Tilden Nature Center, Tilden Park. For ages 7-12. Cost is $3, registration required. 525-2233. 

Berkeley Historical Society Walking Tour “Thousand Oaks” led by Susan Cerny from 10 a.m. to noon. 848-0181. www.ci.berkeley.ca.us/histsoc/ 

Berkeley Bicycle Boulevard Tour Meet at Constitution Plaza above the downtown Berkeley BART at 1 p.m. Wear a helmet and bring water. 827-7483. 

Edible Landscaping with Karen Talbott from 10 a.m. to 1 p.m. at the Ecology Center, 2530 San Pablo Ave. Cost is $10-$15. 548-2220, ext. 233. www.ecologycenter.org 

Agricultural Roots Fair from 10 a.m. to 4 p.m. at Laney College Channel Park, between 10th and 7th Sts. With food, music, children’s activities and information about healthy eating, school gardens, local farms and more. 550-4945. www.sagecenter.org 

Relay for Life Runners, walkers, volunteers and cancer survivors are invited to the fifth annual El Cerrito/Berkeley/ 

Richmond/Albany/Kensington Relay For Life at 9 a.m. to 9 a.m. Sun. at El Cerrito High School. 540 Ashbury Avenue, El Cerrito. To participate call 524-9464. jsbayat@comcast.net 

Writers: Ready for Progress? A free session with Elizabeth Stark and Nanou Matteson. at 5 p.m. at Boadecia's Books, 398 Colusa Avenue at Colusa Circle, Kensington. www.bookpride.com 

Saturday Night Sing-Along for all ages. Bring your family, neighbors and friends for an evening of campfire classics, silly and serious songs, rounds and movement activities. At 7 p.m. at 1216 Solano Ave. at Talbot, Albany. Sponsored by the Albany YMCA. Cost is $3 for adults, $2 for children. 525-1130. 

Yoga for Seniors at the Berkeley City Club, 2315 Durant St., on Saturdays from 10 to 11 a.m. The class is taught by Rosie Linsky, who at age 72, has practiced yoga for over 40 years. Open to non-members of the club for $8 per class. For further information and to register, call Karen Ray at 848-7800. 

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. 

Dream Workshop on Saturdays, from 10 a.m. to noon at 2199 Bancroft Way. Cost is $10. www.practicaldreamwork.com 

CITY MEETINGS 

Council Agenda Committee meets Tues. May 18, at 2:30 p.m., at 2180 Milvia St., Sherry M. Kelly, city clerk, 981-6900. www.ci.berkeley.ca.us/citycouncil/agenda-committee 

City Council meets Tues., May 18, at 7 p.m in City Council Chambers, Sherry M. Kelly, city clerk, 981-6900. www.ci.berkeley.ca.us/citycouncil 

Berkeley Housing Authority meets Tues., May 18, at 6:30 p.m. in City Council Chambers, Sherry M. Kelly, city clerk, 981-6900. ww.ci.berkeley.ca.us/comm 

Citizens Humane Commission meets Wed., May 19, at 7 p.m., at the North Berkeley Senior Center. Katherine O’Connor, 981-6601. www.ci.berkeley.ca. us/commissions/humane 

Commission on Aging meets Wed., May 19, at 1:30 p.m., at the South Berkeley Senior Center. Lisa Ploss, 981-5200. www.ci.berkeley.ca.us/commissions/aging 

Commission on Labor meets Wed., May 19, at 6:45 p.m., at the North Berkeley Senior Center. Delfina M. Geiken, 644-6085. www.ci.berkeley.ca.us/commissions/labor 

Human Welfare and Community Action Commission meets Wed., May 19, at 7 p.m., at the South Berkeley Senior Center. Marianne Graham, 981-5416. www.ci.berkeley.ca.us/commissions/welfare 

Berkeley Rent Stabilization Board meets Thurs. May 20, at 7 p.m. in City Council Chambers, Pam Wyche, 644-6128 ext. 113. www.ci.berkeley.ca.us/rent 

Design Review Committee meets Thurs. May 20, at 7:30 p.m., at the North Berkeley Senior Center. Anne Burns, 981-7415. www.ci.berkeley.ca.us/commissions/designreview  

Fair Campaign Practices Commission meets Thurs., May 20, at 7:30 p.m., at the North Berkeley Senior Center. Prasanna Rasaih, 981-6950. www.ci.berkeley.ca.us/commissions/faircampaign 

Transportation Commission meets Thurs., May 20, at 7 p.m., at the North Berkeley Senior Center. Peter Hillier, 981-7000. www.ci.berkeley.ca.us/commissions/transportationˇ


UC Reclaims Field, Demands Removal of Abandoned Sculptures

By MATTHEW ARTZ
Tuesday May 18, 2004

For sculptor and former trucking company owner Richard Katz, and many others like him, West Berkeley’s Harrison Fields used to be their playground.  

As Katz strolled the athletic fields Monday where a sculpture garden once rose above broken bricks and stone—his Panama style hat unable to conceal a wide-eyed grin—one would never guess that UC Berkeley has given him just two weeks to find a new home for two sculptures it took he and his friend eight years to complete. His friend, in fact, never lived to see the finished product. 

“Look at this,” Katz screamed as, peeking behind some bushes, he spotted a sculpture he identified as the work of his friend Paul Horesby. “Imagine turning around and finding what you’re looking for,” he said. “It’s like a dream.” 

When it came to Katz’ work, about 80 yards east, UC Berkeley apparently wasn’t even sure what it was looking at.  

In the April 30 edition of the Daily Planet, the university, in accordance with state law, posted a notice stating that the university intended to remove “two steel objects” deposited on UC property and offered them to any interested buyer who would remove them before a June 1 deadline.  

Although it couldn’t identify the structures, the university knew they were too close to the banks of Codornices Creek, which the university is widening as part of a restoration project slated to begin next month.  

Katz was all smiles Monday, but he was not amused when he learned of the notice. In a letter he wrote to the UC Board of Regents, he said his sadness arose both from the death of his friend and “from the apparent fact that the University of California, Berkeley, recognizes not that this was even a work of art at all.” 

The two sculptures, Katz said, were primarily the work of Alan Ross, a UC Berkeley trained artist, who—just as he was finishing up the project—was shot to death in his Oakland studio by a gunman who had knocked on his door complaining of noise. 

Katz and Ross had dubbed the work “Soap” because the steel came from the vats of the 19th century Pioneer Soap factory in San Francisco.  

One sculpture, designed almost entirely by Ross, has a curved top and a zig-zag body that Katz said represented electricity and raw energy. Katz had a bigger role in the second sculpture, a web of jaded steel above a smooth soap vat that Katz, a former UC Berkeley cellular biology student, said represented mitochondria, the powerhouse of the cell. 

“We went from the rawest of energy—electricity with thousands of volts, killer shit—to the most finely tuned bio-physical thing I know,” he said. 

Had everything gone according to plan, the duo’s work would never have ended up on the UC site, which at the time sculptors used both as an outdoor exhibition center and as a tool to obstruct future UC development on the land. 

As part of the deal to remove the steel soap vats from the factory, Katz said the developer of the building offered to pay the artists to make a sculpture out of the vats. The owner reneged and without funding or a home, Katz and Ross labored on and off for eight years until Katz planted the sculptures on the UC land.  

At first they resided about a football field away, but in 1995, UC agreed to build soccer fields on the site. Katz, with the blessing of the sports field users, moved the sculptures to their present home beside the creek. 

Katz insists he also had UC Berkeley approval to relocate the work, but Lloyd Lee, an attorney with University of California Office of the President, said there was no evidence of any such agreement. 

Nevertheless, Lee has accepted Katz’ claim to the sculptures. What that means for Katz and the sculptures is unclear. 

Katz has now taken the lead in finding a new home for them and is searching for a private buyer.  

Should he fail, he could remove the sculptures himself—an expensive proposition, which last time cost him about $500 to move them across the field—or leave them for the university to remove. Even though Katz is now recognized as the owner, Lee said the university wouldn’t “stick him” with paying for the removal if a new buyer steps forward. 

Despite the sudden demise of his art space, Katz isn’t bitter at the university or nostalgic for the sculpture garden that preceded the sports fields. “I’m a practical guy about the art,” said Katz, who insisted he was happy the university ultimately sold most of the land to Berkeley to build more sports fields. “The irony is that without UC there would never have been all this sculpture,” he said.  

Katz acknowledged another ironic twist. As the owner of a trucking company in the 1970s, he worked for UC to help unearth Codornices Creek—a project that remains a source of pride. 

“I care about the creek. That’s why I dug it up. That’s why it’s green here now,” he said. 

The latest Codornices Creek project, headed by the city of Albany, in conjunction with Berkeley and UC, seeks to unearth the watercourse all the way from San Palo Avenue to the rail road tracks just east of Second Street. A foot bridge is slated to go near where the sculptures stand and a bike path will also traverse it, said Crystal Barriscale of UC Berkeley Facilities Services. 

Barriscale was also responsible for finding potential bidders for the property. Monday was UC’s deadline to accept bids, and although the university received some inquires, Barriscale said to her knowledge no one had made an offer. 

Katz, though, thinks the work is too good not to find a new home. “We built a monumental, abstract, minimalist sculpture as good as any other monumental, abstract, minimalist sculpture as far as I can tell,” he said. 

 

 

 

 

 


State Misses Lead Poisoning’s New, Immigrant Face

By Mary Jo McConahay Pacific News Service
Tuesday May 18, 2004

SEASIDE, Calif.—Elevated levels of toxic lead are being found in the blood of children at a small airy clinic in this central coastal town of 33,450 people. The culprit may be grasshoppers captured 2,000 miles away in Mexican villages, lovingly fried with garlic, salt and lime and sent by the pound in care packages to family members here. 

Medics say the calamity illustrates how dangerously stuck in the past public health care may be, in an increasingly borderless world, and in a state where more than a quarter of the population is foreign-born. 

“We all grew up there eating the grasshoppers and other things and nothing happened,” puzzled Minerva, who prepared lunch one recent afternoon for three of her own children and a niece in a small, trim house cooled by an ocean breeze. Like most newcomers here, Minerva’s husband, sister, and brother-in-law—who share the house—and her immigrant neighbors, all work in laundry, hotel-maid and other service jobs in nearby, wealthier towns like Monterey and Pebble Beach. Minerva’s healthy-looking 9-year-old daughter chatters in English as she wolfs down tostadas at the table with the other kids. She was among those found with dangerously high lead levels at a routine screening at the Seaside Family Health Center.  

Seventy-five percent of lead poisoning cases statewide in the last three years have been Latino children. Recent investigative news reports point to Mexican candy as one source. In November, because of the Seaside cases, State Health Director Diana M. Bont warned pregnant women and children especially against the grasshoppers treat. But community health workers say such developments mean lead poisoning has a new, inadequately recognized face. And they point to special challenges in reaching indigenous immigrants—increasing in number—who may be distrustful of doctors, illiterate or, like members of Minerva’s family, undocumented.  

“New solutions are needed because old ones won’t work,” said Dr. Margaret Handley of UCSF’s Department of Family Medicine, who is investigating the local outbreak. Through careful conversation with mothers over the months, a Spanish-speaking nurse, Celeste Hall, and the clinic’s Dr. Eric Sanford determined children born in two Zapotec Indian villages in the southern state of Oaxaca—or U.S.-born children whose parents came from the villages—were the ones testing high for lead. Other immigrant kids did not. Virtually all public service health education literature in California about lead poisoning—even in Spanish—refers to old paint as the source, but that was ruled out after inspections.  

Local and state health departments were slow-moving and strapped for funds. Sanford and Hall spent their own time and money trying to track the poisoning source. One suspect was a distinctive green-glazed Oaxacan pottery found in Seaside homes. But even if families used the pottery for food, it would produce a steady, low level of exposure, not spikes as seen here; moreover, the pottery is universally used by regional immigrants, and only patients linked to the two villages exhibited high lead levels. 

“The children’s levels are either low or off the charts, so it’s acute exposure we’re looking at,” said Sanford, who does believe Oaxaca is the source of the poisoning. One child’s level jumped from two micrograms per deciliter to 35 after eating the grasshoppers. Levels above 10 are considered high. Sanford and Hall also sent other foods for testing that came from the villages—favorites tamarind candy, pumpkin seeds, chocolate and tortillas—and some were contaminated. They went to Handley, an epidemiologist. 

Like a detective, Handley pursued leads. One breakthrough document: a British study on plants and animal life that developed amid old mine tailings in Wales and Ireland. “A highly significant relationship” existed between lead contaminated grass and grasshoppers around the abandoned mines, researchers wrote. Grasshoppers can carry high concentrations of the metal without being fatally poisoned.  

Dozens of gold and silver mines once flourished around the home villages of the Seaside immigrants. Owned by American and other companies, they are abandoned now. Lead is a by-product of extraction and processing.  

With cross-border traffic constant and fast, there has been no loss of access to native foods for California’s newest immigrants. A single tortilla fresh from Oaxaca can sell in this town for $1, but most of the homemade favorites come by relatives or paid carriers in a deep and wide courier network. But without a full-blown investigation, it is difficult to pin down the source of the lead poisoning precisely. And community health workers say any heavy-handed official attack on the traditional foods from home would be wrong and counterproductive.  

At the Seaside clinic, poisonous levels in children’s blood continue to turn up around once a week, month after month. Lead poisoning can lead to learning disabilities, diminished IQ, impaired motor development, and anti-social behavior. Because there is no signal event—no rash or fever, no sudden collapse—it is difficult to convince some parents a child is endangered.  

“We need to do a full-on investigation like we’d do with any other epidemic outbreak,” Handley says. “Would this get more attention if these kids were in Pebble Beach?” 

Meanwhile, the longer they cannot absolutely determine the poisoning source, the more the trust that Sanford and Hall clearly maintain on a personal level with the Seaside immigrant community is tested. Hall, who is married to a Zapotec from one of the host Mexican villages, says her family will lay off of grasshoppers. Minerva’s family may not.  

“Why do anything different if no one is sure?” asked Minerva.  

 

PNS contributor Mary Jo McConahay is a writer and filmmaker with extensive experience in Latin America.  

 

 


Fire Department Log

By RICHARD BRENNEMAN
Tuesday May 18, 2004

The East Bay fire season got off to an extraordinarily early start at 8 a.m. Monday, sparked by a combination of dry hillsides and winds. 

“That means that any reports of fires in the hills will be met by a massive, multi-jurisdiction response,” said Berkeley Deputy Fire Chief David Orth. 

Major early fire outbreaks have already struck Southern California, highlighting the dangers to the East Bay. Recent fires in Marin County and on the Peninsula have sparked concerns among local firefighters. 

This year’s season begins weeks before the typical starting date. 

The Berkeley Zoning Adjustment Board last Thursday gave their formal approval for a new 6,800-square-foot fire station at 3000 Shasta Road which fire department officials have cited as a crucial bastion for fighting fires in the blaze-prone hills.›


Pumpkins Perfect for Foggy Berkeley

By SHIRLEY BARKER Special to the Planet
Tuesday May 18, 2004

As with many newcomers to Berkeley, I thought summers here would be hot. Dreams of heat-loving, even tropical, vegetables floated through my mind. The reality is cold July fog and not a ripe tomato this side of the hills. Of those that do well, beans are predictable, zucchini monotonous, and winter squash culinarily challenged. These last two members of the Cucurbitaceae family do have one outstanding relative that qualifies as a seasonal necessity, not just a ritual: the pumpkin. 

Pumpkins are for some reason ridiculously easy to grow in Berkeley, even in a small space. The seeds are big and germinate rapidly enough to interest the very young gardener. Their huge leaves clamber around in the most intransigent way. Enormous butter-yellow flowers positively trumpet their emergence. And then, while one’s back is turned, distracted perhaps by summer visitors, disaster strikes and all the leaves wilt and mildew. By that time the rest of the summer vegetables have taken over their space, so it comes as a surprise to find that the neighbor-child’s bright orange soccer balls glinting through the bean leaves are—pumpkins! 

Pumpkins are said to like rich soil with lots of compost and side dressings and mulch and water. No doubt all that’s true. They do pretty well without, too, except for water. A five gallon pail of it once or twice a week for each plant is about right, directed at the roots, never overhead. A soaker hose works well, turned on once or twice a week for half an hour. Pumpkins are not necessarily huge, either. Several small varieties are available in local nurseries, such as Sugar Baby, Baby Bear and Tom Thumb. All are sweet and full of flavor. They can be trained vertically, saving space. Or start them within a tomato hoop and let them cascade. Wait until May warmth before sowing seed or setting out plants. 

Pumpkins have an excellent, rich flavor every bit as exuberant as their appearance and behavior. As the lover of pumpkin pie knows, they have an affinity to spices with no loss of their own distinction. They need not always appear in a crust. A mousse-like dessert can be quickly assembled from just-cooked pumpkin, by beating in small amounts of sweet butter, soft brown sugar, spices (especially cinnamon and ginger), and eggs, and baking in a buttered dish until set. Allow one egg for each cup of pumpkin, a tablespoon each of butter and sugar, and at least half a teaspoon of the spices, not forgetting a pinch of salt. 

First, however, you must corral and cook your pumpkin. Scrub the shell clean, whack it in half with a cleaver, and scrape out the seeds and fibers. Invert the halves on to a baking sheet and bake for about thirty minutes at 400 degrees until tender. While waiting, toast the seeds in a dry wok, sprinkle with salt and set aside for later snacking. When the pumpkin is cool enough to handle, scrape out the flesh and discard the skin. Leave the oven on, for now is a good time to beat up your dessert and bake it for thirty minutes. If the center still wobbles, turn down the oven for five or ten more minutes. True to its melodramatic temperament, pumpkin keeps poorly, so cool and freeze remaining pumpkin in usable portions.


PUMPKIN SOUP

Tuesday May 18, 2004

PUMPKIN SOUP 

 

For a savory soup, which doubles nicely as a sauce for fish, tofu or poached chicken, slice yellow onions thinly and saute in oil until soft. Remove from heat and stir in half a teaspoon each of salt, ground cumin, whole coriander, curry powder and Chinese five-spice powder. The latter, available in bulk from Country Cheese, softens and sweetens the more pungent spices. Return the pan to low heat, stirring the spices into the onions for thirty seconds. Add two cups of turkey stock or water, and one cup of cooked pumpkin. These quantities yield two generous servings. Simmer until done, blend, and thin if necessary with more stock or water. Taste for salt. Stir in two tablespoons of finely chopped cilantro, reheat, and serve with a dollop of yogurt for a tart contrast to this silky, sweet, spicy soup. Add a turkey or tempeh and watercress sandwich on corn-rye bread and one can eat a nutritionally balance, home cooked, homegrown meal within the hour. What’s for dinner? Pumpkin!


Torture Photos, Videos a Time-Honored CIA Tradition

By PETER DALE SCOTT Pacific News Service
Tuesday May 18, 2004

Shocking visual images have dominated the Iraq news in the past weeks. First, of criminal torture of prisoners by Americans, and then of the beheading of American Nicholas Berg by a group the CIA alleges is headed by the Al Qaeda leader Abu Musab al-Zarqawi. Many stories have raised the rather absurd question of whether the practice of torture by Americans is an aberration. There is abundant proof, however, that both the abusive interrogation practices and the photographic documentation of them are techniques that the CIA has sanctioned and taught over more than 30 years. 

When the Shah of Iran was deposed in 1979, the files of his much-feared CIA-trained intelligence service, SAVAK, were opened to journalists. The noted Egyptian reporter Mohammed Heikal wrote that he was shown a film of a female prisoner being stripped naked, who screamed and broke down as her nipples were burned with a lighted cigarette.  

It was explained that this was a training film for other torturers. The film, Heikal wrote, was also given to the CIA, which then made copies for use by the intelligence services of Taiwan, the Philippines and Indonesia. 

An Indonesian unit, Kopassus, which received special U.S. Army training in the United States, later practiced similar torture techniques in East Timor. They too made a habit of photographing their torture sessions, which became an important factor in inducing Congress to vote against further U.S. aid and training to the unit. (Ironically, former Kopassus commander Prabowo Subianto, once the Pentagon’s special favorite, was later denied a U.S. visa, under the provisions of the U.N. Convention Against Torture.) 

In the 1980s the CIA first taught the extreme techniques it had long used—including assassination—to its proxy army the Contras in Central America. Then, following exposure and heavy criticism from Congress, it backed away from condoning such practices.  

A CIA interrogation manual, now accessible on the National Security Archives Web site, originally had the typewritten caution that in “questioning” suspects, “[c]oercive techniques [i.e. torture] always require prior HQS [Headquarters] approval.” At some point, presumably after Congressional reproof, the sentence was stricken out and replaced by the handwritten “[c]oercive techniques constitute an impropriety and violate policy.” 

They may have violated CIA policy on paper. But CIA operatives continued to work within foreign intelligence groups for whom torture was a normal activity. One such group was the special Guatemala army unit responsible in 1989 for the kidnap, rape and torture of the American nun Dianne Ortiz. 

The change in policy apparently consisted only of seeking greater deniability through increased use of third parties. This characterizes the situation at Abu Ghraib prison. There, according to Maj. Gen. Antonio Taguba’s report, Army military officers and the CIA “set physical and mental conditions for favorable interrogation of witnesses,” leaving the actual abuses to inexperienced and untrained Army reservists. These reservists are the ones now prominently blamed in the U.S. media, not the faceless operatives from the OGA’s (Other Government Agencies, including the CIA). 

Of course, the U.S. Army had its own earlier experience with torture in Vietnam. Sen. John Kerry is now being attacked for having told Congress about this, truthfully, in 1971. In Kerry’s words at the time, fellow soldiers at the so-called “Winter Soldier” investigation had “told stories that at times they had personally raped, cut off ears, cut off heads, taped wires from portable telephones to human genitals and turned up the power.” It was more customary then to kill the prisoners (who were often civilians) after they had been tortured. 

Much of the army interrogation, torture and executions occurred as part of the CIA-coordinated Phoenix Program, where standard interrogation techniques (as in Iraq) included rape, water torture, and electrocution. Another veteran testified in Congress that, “I never knew an individual to be detained as a VC suspect who ever lived through an interrogation in a year and a half.” 

There is precedent, too, for the alleged al-Qaeda video of the beheading of Nick Berg—the videos in the 1980s of the mutilations and executions of Soviet soldiers in Afghanistan. These videos were disseminated to weaken the morale of the Soviet troops fighting there. Those who took them were the Afghan mujahideen, many of whom received special training in terrorist tactics from the CIA.  

 

PNS contributor Peter Dale Scott is a former Canadian diplomat and professor of English at UC Berkeley. Scott’s most recent book is Drugs, Oil and War: The United States in Afghanistan, Colombia, and Indochina (Rowman and Littlefield, 2003). His website is www.peterdalescott.net. 


Letters to the Editor

Tuesday May 18, 2004

INCONCEIVABLE 

Editors, Daily Planet: 

It occurs to me that the reason “right to life-ers” are so rabid in their opposition to abortion is that a woman’s right to choose might well have led to a world without them, something they find “inconceivable.”  

Robert Blau 

 

• 

FLASHBACKS 

Editors, Daily Planet: 

With newspaper front pages more bizarre by the day, I assume I’m not the only one having flashbacks to the end of the Nixon era. I mean, who would really be surprised to see a headline next week reading: “Patty Hearst Kidnapped”? 

Marty Schiffenbauer 

 

• 

GUTLESS WONDERS 

Editors, Daily Planet: 

Senator Dianne Feinstein and the other gutless wonders who purport to represent the American people in Congress are already all accessories before the fact to prison torture, mass murder and war crimes with their votes to authorize Bush’s criminal war on Iraq. Now they are requesting “financial oversight” for another 25 billion dollars to fund further Bush barbarism in Iraq. Wow, real profiles in courage, huh? These Democrats are just about as worthless as the Bush gang of lying thugs that are bankrupting our country (both morally and fiscally) with their moronic invasion and continuing occupation of Iraq. 

James K. Sayre 

 

• 

HOUSING AUTHORITY 

Editors, Daily Planet: 

I’m sorry to hear about the Housing Authority’s problems and I have to say that Sharon Jackson is doing a monumental job of pulling Berkeley’s housing programs together after years of mismanagement. It’s nice to see that they are trying to reduce their expenditures by issuing a request for proposals for the management of its 75 public housing units. The management contract is currently held by Affordable Housing Associates which is being paid over $400 per unit per month. I’m sure that there are many qualified property management firms in Berkeley, both for and nonprofit, who could provide the necessary services at a much lower cost. Unfortunately, unlike other cities, Berkeley doesn’t often publish requests for bids in local papers and so misses the opportunity to save money and provide jobs to local companies. The request for proposals was issued May 3 and all proposals must be received by May 20. The bid proposals (Specification No. F-9065-04) are available from the city’s Finance Department or online at www.ci.berkeley.ca. 

us/ finance. 

Phillipa Freneau 

 

• 

UC HOTEL TASK FORCE 

Editors, Daily Planet: 

I was utterly dismayed by the reaction to the Hotel Task Force by some of the planning commissioners (“Task Force Criticized for Lack of Diversity,” Daily Planet, May 14-17). I attended (as a non-task force member) almost all of the meetings held by the task force and was extremely impressed with the breadth of concerns (including, among other things, labor issues), the level of professional input and the high level of consensus that was reached by the task force in its final recommendations. Many of the members of the task force also remarked that they had never before seen a similar group work so efficiently and congenially. An enormous amount of work, discussion and careful thought went into these recommendations and Rob Wrenn is to be commended for an excellent job of weaving together the many very diverse opinions that were voiced. 

It is not at all obvious what the reasoning is behind the concerns that were reported in the article. I am absolutely sure that everyone on the task force would have welcomed members from any Berkeley faction, race or area. For someone to suggest that discrimination is an issue here, is patently absurd. Obviously those commissioners who accused the task force of “hand-picking” the members were asleep at the wheel, when the group was formed. I am a resident of Berkeley, have no political affiliations, am not a member of any commission, and did not receive privileged information from any city officials about the task force—and yet I was able to attend the meetings and might have even been on the task force had I been involved early enough. It was completely open to everyone. Any planning commissioner who was doing their job and paying attention should have been aware of how and when the task force was formed. So why were those who are now crying foul not there? If the hotel project is a matter of such great concern to them, I would think they might have shown more interest from the beginning. 

As to the specific objections, it seems there was only one: the recommendation that employees not be granted free parking. The task force was accused in this context of being “upper middle class.” I live in a neighborhood surrounded by upper middle class people. Trust me: Parking, especially free parking, is always favorable to the “upper middle class.” The recommendation is clearly meant to discourage an increase of driving in Berkeley (especially downtown). That is not an “upper middle class” priority at all—quite the contrary. 

The other objection that the recommendations are too specific also makes no sense. What good is it to make only vague abstract recommendations? How the hotel is built and how it fits into the rest of the downtown planning is essential. Do we really want to simply let the developers decide how our city should evolve? And in what way would that further the interests of diversity? 

It would be awfully disappointing to see all of the good work done on the task force go to waste because of the bogus objections raised. Meetings have been going on for months. The other commissioners have had a long time to complain and make comments, but they have waited until lots of other people have spent a lot of time and effort. This is not only divisive, it is also inconsiderate and unappreciative. 

David Partch 

 

• 

COMMISSION DIVERSITY 

Editors, Daily Planet: 

What a shame that the Daily Planet spent so much of its coverage of the Planning Commission’s discussion of the hotel task force report on a moment of controversy about diversity, and so little on the substance of the report itself. Why was there no reporting on the nine main recommendations so carefully developed by this group of 25 citizens with multiple perspectives? 

I attended all the meetings of the task force, even though I was not a member of it. It was an unusual experience—rare in my 33 years experience with Berkeley politics—to see such a broadly inclusive and representative group meet eight times without serious dissension and with a spirit of constructive cooperation, and to unanimously forward a consensus report. The report itself was never designed to put the developer in handcuffs, but only to bring to attention early in the process the set of issues that any project making its way through Berkeley permit appeals will need to address and resolve. In that sense the task force clearly made the future work of both the developer and the city simpler and clearer, and the report should help to minimize any delays. 

As for diversity, it was the full Planning Commission that constituted the task force after openly seeking all interested parties, so any perceived deficiencies are its own responsibility. And of course any continuation of the task force’s work can easily be made even more representative in the future. If that day comes, perhaps the Daily Planet can actually write about what matters instead of going for the transient controversy and the cheap headline. 

Alan Tobey 

 

• 

A BIT DRAMATIC 

Editors, Daily Planet: 

Richard Brenneman’s description of the lively exchanges at the Animal Shelter Subcommittee meeting as a “catfight” seems a little dramatic. What I experienced was passionate community activists making full use of an open and messy form of government known as “public participation.” Bob Brockl of Nexus and I have much more in common than differences. I am a lifelong community artist and documentarian, fighting for ‘outsider’ art and public funding for the arts in Europe and here in the U.S. And Bob, one of the Nexus Artists collective has done more than his fair share of animal rescue. 

We both know what it is like to feel excluded from the highest reaches of government decision making. That’s why the meetings that I have the privilege to chair will continue to represent open door government—members of the public are welcome to contribute throughout the meetings, and I invited Nexus to the meeting in the first place. And it is why the efforts of city staff to eliminate and reduce the profoundly important democracy of citizen commissions needs to be fought vigilantly. 

The opportunity to build a joint facility to house both the Berkeley Municipal Shelter and Humane Society nonprofit shelter is what animal welfare activists have been working towards for years. 

Municipal animal shelters provide services mandated by state and local law code enforcement, picking up lost, stray, dead and injured animals, maintaining an effective rabies control program, impounding and quarantining ‘police hold’ animals etc. They can’t turn animals away. Humane organizations have traditionally been seen as the “good cop” to the “bad cop” image of the municipal pound—they take in many owner surrendered animals or dogs and cats rescued from other high kill municipal shelters. They emphasize community outreach, education programs, training classes etc. Together they offer a complimentary menu of services for the area. 

The effort to build a joint animal care campus is one which the city shelter, the Humane Society and local grassroots activists embrace. Berkeley can create a model of care, residents will receive better and more comprehensive services and taxpayers who voted “yes” on Measure I will be rewarded for their belief in a better way of taking care of our companion animals. 

Personally, I’m such an optimist, I believe that we have both the political will and the brains to resolve the issue of artists’ space in West Berkeley to the satisfaction of all concerned and to build the best designed animal shelter in the area. 

Bob and I will continue to have heated discussions and the Animal Shelter Subcommittee will continue to be a place for spirited exchanges—not a catfight—just Berkeley at its best. 

Jill Posener 

Chair, Animal Shelter Subcommittee 

 

• 

UC TAX EXEMPTIONS 

Editors, Daily Planet: 

Thank you for Richard Brenneman’s legal analysis of the history and prospects of UC paying its way (“UC Tax Exemptions Rooted in Law and Court Rulings,” Daily Planet, May 14-17), but I have a question: Does any law require a city to provide public services to a freeloader? The law may be against us, but there is more than one way to skin a cat, and I’ve successfully used another way. 

During the 1970s I was the superintendent of engineering and water supply of the San Francisco Fire Department. The department’s rules and regulations made me responsible for the testing of all standpipes in San Francisco. When a new building was completed at UC San Francisco, I sent out a crew with pump to test the standpipes, and they were told to get lost, that the San Francisco Fire Department had no jurisdiction on property of the sovereign State of California. 

As soon as I got word of this, I crafted a letter for signature by the department chief to the effect that the fire department could not be counted upon to fight a fire in the building in question, since we could not risk the lives of our fire fighters on premises with unreliable fire protection facilities. 

I’ve never observed quicker backpedaling. “Of course we want the standpipes tested. We know you already paid a crew once to come out here, so just send your inspector with his gage, and we’ll provide all other personnel and equipment.” I never had any problems with UCSF after that; they were a perfect pussycat. 

The City of Berkeley might let UC know that, after the big one on the Hayward Fault, there are expected to be more fires than fire engines in the city, and there will have to be triage. Obviously, properties on the tax roll will have priority, since the very existence and future function of the fire department will depend on ad valorem taxes, and that tax base will have to be saved. 

So, UC may have the law, but do they have an absolute right to services? 

Gilbert Bendix 

 

• 

UNIVERSITY AVENUE 

Editors, Daily Planet:  

I have been following your coverage of the University Avenue Strategic Plan Zoning Overlay, and I would like to call your attention to the largest single development property within the University Avenue area. 

I am concerned that the West Campus property is being inadequately addressed in the University Avenue Strategic Plan Zoning Overlay. In fact, 

the proposed Zoning Overlay exempts school properties from setback limits. West Campus is being misidentified as a commercial/residential node. This indicates to me an intent to heavily develop the West Campus property despite its partial residential zoning. 

The University Avenue Strategic Plan mentions the West Campus Adult School quite specifically: 

“West Campus, formerly part of Berkeley High School, is the largest single use within the University Avenue corridor.” 

“This existing facility should be protected, renovated and made more available to residents of the broader community. With this in mind, the City should work with the School District to jointly prepare a Master Plan for the site and plan to make this facility a state-of-the-art adult education and recreation center.” 

“Particular attention should be directed to improving public access to the play area, creating a permanent pedestrian/bicycle passageway through the site along the Addison Street right-of-way, maintaining the current parking supply, and opening up the recreation facilities to the general public.” 

“Discourage low-income housing on the Adult School parking lot, since there is already a substantial concentration of subsidized, low-cost housing in this area.” 

Please note that the Adult School node, as mentioned in the UASP, is NOT a commercial/residential node. Instead, it was described as a community-serving educational and recreational node. Just look at how little retail exists on University Avenue between Curtis and Browning: You can count the businesses on one hand because it’s so heavily residential. 

Now that the Adult School is being moved to the Franklin site on San Pablo, the community has lost this educational resource. I am concerned that the surrounding community will also lose access altogether to the aforementioned “recreational facilities” and open space that the UASP intended to make more accessible: 

• Baseball diamond at the corner of University and Curtis. 

• Toddler play structure between the baseball diamond and the pool. 

• West Campus Pool. 

• West Campus Gym. 

• Addison Street right-of-way for pedestrians and cyclists. 

Development of West Campus will result in further loss of community-accessible open space and recreational areas in a neighborhood with inadequate park land and facilities. Development without setback limits is an even worse scenario. Keep in mind that ONLY the portion of West Campus fronting University Avenue is zoned C-1. The remainder of the property, fronting Addison and between Curtis and Browning, is R-2 and R-2a. 

Please also note the abundance of subsidized, low-income housing in this area, which the UASP mentions specifically. When low-income housing was 

being built on Berkeley school properties (Derby Street, Franklin Street), West Campus was rejected as a site for these units. 

Berkeley Unified School District removed the Adult School and, with it, the reason for a node designation. The node designation should be removed from the Curtis and Bonar Street intersections with University Avenue. And the setback limits for schools should be reinstated. 

Rachel Boyce 

 

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A More Reasonable Interpretation of the Density Bonus Law?

By ROBERT LAURISTON
Tuesday May 18, 2004

From a recent Daily Planet story on University Avenue zoning: “For buildings that include affordable housing ... state law allows [developers] to build 25 percent more space than allowed under zoning requirements.” This is a succinct statement of Berkeley city staff’s interpretation of state law. It is not, however, exactly what the law says. 

California Government Code section 65915 says that when a developer reserves 20 percent of total units for rental to lower-income households, a project may exceed by 25 percent the “otherwise maximum allowable residential density.” Thus the key question in interpreting this law as it applies to any particular project is what density would be allowed if the developer did not include 20 percent affordable units. 

In Berkeley, unlike most cities in California, our zoning code does not specify density by number of dwelling units per acre. Consequently, for the purposes of section 65915 we extrapolate it from the rest of the zoning code and state law, looking at maximum height and lot coverage, floor-area ratios, setbacks, design standards, building codes, and so on to see how many units would be allowed on a particular lot. 

Further complicating matters, in Berkeley we require all residential development of five or more units to include 20 percent affordable units. To close a potential loophole, in much of the city we also prohibit construction of buildings with four or fewer units when there’s room for five or more. 

So back to the key question: If a Berkeley developer does not include 20 percent affordable units, what residential density is allowed? Since market-rate-only developments are prohibited, the answer is zero. This presents a logical conundrum for interpreting section 65915: state law says the developer gets a bonus, but 25 percent of nothing is nothing, which is no bonus. So how do we make the state happy? Clearly we must find a way to reconcile state and Berkeley law. 

One solution is to ignore the “otherwise” and tack the 25 percent bonus on top of the biggest building the code allows—the approach city staff have been using to justify approval of blockbuster projects like 1698 University (Tune-Up Masters). The problem with this approach is that the bonus for the most part produces more market-rate units. For example, given a 20-unit base project, a Berkeley developer would get a 20 percent bonus to build four more market-rate units, and a five percent bonus to build a single additional affordable unit. Clearly this is not the intent of the state law. 

To achieve a more appropriate outcome, we must look at the laws’ intents. State law encourages developers to make 20 percent of their units affordable by rewarding them with 25 percent more room to build than local zoning laws allow. Berkeley law encourages precisely the same goal by prohibiting market-rate-only development. In other words, the two laws seek exactly the same end, the state’s with a carrot, Berkeley’s with a stick. 

Starting from this view, one simple and reasonable way to harmonize the two laws is to calculate the “otherwise allowable” base project just as city staff do now, but excluding the 20 percent affordable units required by Berkeley law. In the hypothetical project described above, the base project of 16 market-rate units would get a 25 percent state density bonus, resulting in four affordable units, the same number required by Berkeley law. 

City staff might challenge this alternative interpretation of section 65915 with the familiar argument that the state prohibits cities from changing laws to diminish development capacity. But the issue here is how to interpret laws already on the books—and the City Council has full power to override staff on matters of interpretation. 


Torture? Hard to Believe? Hardly

By ROGER BURBACH and PAUL CANTOR
Tuesday May 18, 2004

“The whole thing is disgusting and it’s hard to believe,” said California Senator Dianne Feinstein referring to the torture of Iraqis by U.S. military personnel. 

Disgusting? Yes. 

Hard to believe? 

Hardly. 

The Bush administration considers torture a means toward its end of securing Iraq for its interests. The Red Cross, Human Rights Watch and Amnesty International all reported that torture of Iraqi prisoners by U.S. military personnel was widespread and systematic. But President Bush and Defense Secretary Donald Rumsfeld ignored those reports and continued to encourage the mistreatment of prisoners with their “us against the evildoers” rhetoric. So we shouldn’t be surprised that the torture took place. What is surprising and what angered the president and his secretary of defense is that a number of torture sessions were photographed and that those photos have been circulated worldwide. 

Now the evidence is there for all to see. President Bush’s crusade to secure the Mideast and its oil resources for Halliburton and other U.S.-based multinational corporations involves torturing prisoners. We already knew there were no weapons of mass destruction in Iraq and that there was no connection between Saddam Hussein’s regime and the events of Sept. 11, 2001. Now we know that the administration has not sent soldiers and mercenaries to Iraq to promote democracy and respect for human rights. 

How did things get so bad? Everywhere people are pointing fingers. They should be looking in the mirror. All or most of us are to blame. We have allowed the Bush administration to use the tragic events of Sept. 11 to promote its imperial foreign policy objectives. We are the good Germans standing idly by while our president practices genocide in our name. 

Genocide? 

Yes, genocide. Genocide is the planned extermination of an entire national, racial, religious, political, or ethnic group. The political group the Bush administration intends to exterminate consists of Arabs who refuse to accept U.S. domination in the oil rich Mideast. Hence, the President Bush and Secretary Rumsfeld might justly be accused of genocide. 

What is to be done? In the short term Americans who stand for decency and democracy must take to the streets and bombard the media in every way possible, demanding that our troops pull out of Iraq and be replaced by a force under the command of the United Nations until a government controlled by Iraqis is in place. In the long run we must find a way to ensure that our foreign policy represents the will of the majority rather than the imperial designs of an opulent elite. 

Not only do we who live in the United States have a special responsibility to end the atrocities that are carried out with our money and in our name, it is in our interest to do so. That is something the enmity and resulting acts of terrorism provoked by Bush’s war in Iraq make clear. 

 

Roger Burbach, Ph. D. is the director of the Center for the Study of the Americas in Berkeley and the author, with Jim Tarbell, of Imperial Overstretch: George W. Bush and the Hubris of Empire. Paul Cantor, Ph. D. is a professor of economics at Norwalk Community College in Connecticut.›


Closing Derby for a Baseball Field Will Create Traffic on Nearby Streets

By DOROTHY BRYANT
Tuesday May 18, 2004

On April 23 the Berkeley Daily Planet published a report by Matthew Artz on a meeting of the school board at which, Artz wrote, the board announced their plan to build a “multipurpose athletic field,” at Derby and MLK Way for soccer and softball, for the use of three schools, without installation of lights. 

As a resident of the area I was pleased, until Artz went on to write that four of the six board members immediately “expressed a preference” for the 

former, contested plan of closing Derby to create a larger, hardball field for the Berkeley High School team, which now uses a field at San Pablo Park. Artz quoted Director Rivera as follows: “We should keep the door open so when we’re allowed to close Derby, we can go ahead with bigger plans.” Not “if” but “when.” 

Alarmed at this mixed message, I wrote to the members of the board and received an answer from School Board President John Selawsky, who wrote that he was misquoted, that he still favored an open Derby Street although “the school board, or at least a majority, has always preferred a closed street project, ” and that, in any case, the decision was up to the City Council. 

I then wrote to the mayor and the City Council, but received no answer except an acknowledgment from Councilmember Kriss Worthington. 

Then, last week, fulfilling Artz’s concern for mixed messages, the school board voted to recommend the Derby Street closure to the City Council, and 

to create a place on the proposed hardball field to accommodate the Tuesday afternoon farmers’ market. 

The farmers’ market is not the main issue. Geography and traffic patterns are. 

Our neighborhood is bounded on four sides by busy thoroughfares: MLK Way, Dwight Way, Ashby Avenue, and Shattuck/Adeline. Of the eight streets west to east between Ashby and Dwight, only one has no residential housing between MLK Way and Shattuck/Derby (which is why the location of the fire house on the corner of Derby and Shattuck is so sensible.) Close Derby, and we are left with seven residential streets from east to west between Dwight and Ashby. Only four of them go through from Shattuck to MLK Way, three of these north of Derby. Of the four streets south of Derby, before Ashby, there is only one through street, Stuart (where I live), already crowded with traffic and parking attracted by the Berkeley Bowl. 

Closing Derby would not only increase traffic on these heavily impacted streets, but would mean that westbound fire trucks would have to choose one of these residential streets to respond to emergencies. The fire truck could make a difficult left turn onto busy Shattuck, and then another left turn against heavy traffic, to go west on Carleton, or—more likely—make an easy turn right onto Shattuck/Adeline, then right again down the only street that goes through, Stuart (Ward goes through after Adeline, but has speed bumps at MLK Way). 

Furthermore, the easy slogans of providing playing fields “for the children of Berkeley” only mask the real effect of creating a hardball field for the Berkeley High School team. If that happens, you can forget the promise of soccer and softball fields to be used by three schools and neighborhood children, or to be used by anyone at all except the Berkeley High team and its visiting competitors from other high schools. High school athletic fields are expensively planted and maintained—and always fenced and locked up, lest the turf be damaged by kids playing around on them. And whatever the promises of no lights, etc., they all seem, eventually, to be equipped with blinding lights for night games, and, even worse, a blasting sound system. 

By all means, the school board should use its property for the benefit of the children of Berkeley. But it should not withdraw that property from them for the use of only a few, and sacrifice our neighborhood so that the Berkeley High School baseball team can shave 10 minutes off the time it takes them to get to the hardball field at San Pablo Park. 

 

Dorothy Bryant is a local novelist.  

 

 

 

 

 


Reviewer Pans UC’s Latest LRDP Release

By SHARON HUDSON
Tuesday May 18, 2004

Hooray! Every book club in Berkeley has now had ample time to read the university’s new 2020 Long Range Development Plan (LRDP). Despite our eager anticipation, however, I regret that this reviewer must give this ponderous tome an unequivocal “thumbs down.” Despite some intriguing raw material, the authors fail to reveal even a kernel of truth that would make this book either meaningful or useful. Anyone looking for a fresh approach to the topic will be sorely disappointed, and I fear that few readers will be able to make it through the entire 1000-page volume without reaching for the Pepto-Bismol. 

This is all the more inexplicable because this is not the university’s first LRDP. Previous works in the LRDP series also received universally poor reviews, and it is surely only because the university owns its own vanity press that volume 2020 made it to print. The LRDP series is officially authored by the UC regents, but their ghost-writers have struggled so hard to keep all their options open that few concrete actions emerge from the hedges. Whoever the real authors are, apparently they don’t improve with experience. 

It is difficult to build an interesting epic around a single well-developed character, yet this is precisely what the LRDP attempts to do. The heroine, of course, is the once-beautiful but aging UC Berkeley, surely one of the most callous characters in modern American literature. Starting more or less where previous LRDPs left off (and here readers shouldn’t be sticklers for accuracy), the story describes Berkeley’s continuing “development” and messianic expansion into spaces where no man has gone before. The new twist is that Berkeley has changed her career goal. Relegating her duties as a teacher of California’s youth to ever lower priority, she is now determined to become a privately funded, for-sale-to-the-highest-bidder research and industrial complex. She plans to achieve this by overrunning and entwining herself into her doomed environs like the hair of Medusa.  

But Berkeley exists without context; the authors never show how she fits into any working social or physical system. For example, we never see how Berkeley, the self-absorbed darling of her family, relates to her UC siblings, who might better perform some of the activities that Berkeley covets. In any well-considered factual or fictional work, many other actors affect the protagonist’s perceptions, choices, and behavior. But in the hands of these inept authors, Berkeley exists in a conceptual vacuum, stubbornly divorced from reality and yet oddly obsessed with cataloguing and justifying her destructive impacts on it. 

Flailing haplessly at the devouring heroine are the usual suspects from earlier LRDPs: the city, environmentalists, preservationists, a vaguely defined “community,” neighborhoods, and assorted other interest groups. Numerous but shallow, these gadflies get a lot of ink, but alas, the authors are clueless about what motivates them, so these characters are dead on arrival. They can only chatter in alarm at Berkeley’s overweening behavior. Were these characters able to unite and think of unconventional strategies for countering Berkeley’s dominance, the LRDP might develop enough literary conflict to create something resembling a plot. The resolution of this struggle might lead to constructive change for Berkeley and her community. But instead, without having to adapt to her surroundings, Berkeley continues to grow in physical size only; in all aspects of character—morality, honesty, decency, empathy, integrity—she remains as puny and bankrupt as ever, or even more so.  

There is only one character in the entire LRDP that might have any power or authority to mold Berkeley into a good community citizen, the California Environmental Quality Act (CEQA). But rather than exploring the potential creative power of this character, the LRDP uses CEQA only as a literary formula, structuring the story around the requirements imposed on Berkeley by CEQA, and essentially posing the question: Will Berkeley be able to outwit, outplay, and outlast CEQA, thereby taking home the big prize without ever having to introspect or modify her behavior? The answer is, predictably, “yes.” Because instead of allowing a real challenge to materialize, the authors manipulate the outcome in Berkeley’s favor by making CEQA a weak actor. Were the authors to characterize CEQA properly, Berkeley would have a run for her money, and be better off for it. 

As all readers of the LRDP series know, the only reason Berkeley is able to continue her arrogant, self-centered, and tyrannical behavior is that she was, at birth, endowed with magical powers that allow her to disobey all rules of civil behavior without consequence. Her previous abuses of power seem mere practice for the devastation a bigger and bolder Berkeley now prepares to inflict on her surroundings. Although she is now well over 100 years old, Berkeley seems to have learned nothing; she seeks only to gratify her own desires and gives no more consideration to others than does any petulant pre-teen. This disappointing character development indicates that the authors have remained as immature as their heroine. 

In fact, the only interesting theme of the book floats ironically beneath the awareness of its authors: namely, that while the LRDP purports to be a tale of heroic accomplishment, to all discerning readers it is in fact a classic tragedy. Because underlying Berkeley’s apparent success is her own internal moral collapse, along with the destruction of her own (unacknowledged) support system—the community around her. However, most people who have followed Berkeley’s career don’t need 1000 pages of reading between the lines to learn this. The tragic consequences of manifest destiny, for both protagonist and victim, are no secret. 

 

Sharon Hudson is a member of Benvenue Neighbors.ˇ


Will the University’s Transportation Policies Be Part of the Problem or Part of the Solution?

By ROB WRENN
Tuesday May 18, 2004

The University of California is a top university with a wealth of talent and knowledge and you might assume that some of that brainpower would be employed to ensure that further university development is undertaken in an environmentally sound, sustainable fashion. 

Unfortunately, that is not happening. The draft Long Range Development Plan (LRDP) clearly shows that UC Berkeley is not interested in being an environmental leader. The plan does not adequately address the real and valid concerns that have been raised by residents of adjacent neighborhoods as well as by their own students and staff. 

The draft LRDP also calls into question whether the university really wants to improve relations with the city, despite public statements to that effect. Mayor Tom Bates has made a good faith effort to improve relations with UC, but what has UC given him in return? Judging by the LRDP, one would have to answer: little or nothing so far. 

The Environmental Impact Report (EIR) for the LRDP projects that there will be a substantial increase in vehicle trips and traffic congestion. Traffic congestion will get worse not only near campus but also at intersections in West Berkeley that handle traffic from I-80. 

The university suggests adding new signals at eight intersections, but has only proposed to pay part of the cost (“fair share funding”) so that the city would be stuck with substantial costs to deal with added traffic caused by UC growth. In the current fiscal crisis facing the city, very little money is available for costly signals. 

At some intersections that already have signals, the EIR predicts increases in congestion, but says nothing can be done. The increases are “significant but unavoidable impacts.” 

But, in fact, a lot could be done to avoid the traffic and congestion increases that are projected.  

The university could follow the successful programs implemented by other universities to deal with growth. 

When it comes to “best practice” in university transportation planning, the University of Washington in Seattle tops the list. 

The University of Washington made a commitment to the city of Seattle in 1983 to limit traffic on corridors leading to and from campus. In 1991, it launched its U-Pass program. With a U-Pass, faculty, staff and students can all ride local buses and commuter trains for free. The U-Pass program also includes free parking for those who carpool, and vanpool subsidies. There are also active efforts to encourage and facilitate walking and biking 

UC Berkeley provides students with a “class pass” which is similar to the UW U-Pass, but UC provides no similar pass to its faculty and staff. The LRDP fails to call for UC to implement a similar program. The LRDP has one policy on encouraging alternative modes of transportation, but it falls far short of the current best practice at UW, Stanford, and other universities. 

Eighty-three percent of UW students and 60 percent of UW faculty and staff take advantage of the U-Pass. The rate of faculty drive alone commuting dropped from 60 percent in 1989 to 43 percent in 2002. Staff drive alone commuting dropped from 44 percent to 38 percent. While the total population of faculty, staff and students has grown by 22 percent since 1989, the university now has fewer parking spaces and the utilization rate of those spaces has dropped. Despite substantial growth, the number of single occupancy parking permits for faculty, staff and students has dropped substantially. 

As a result of implementation of U-Pass, peak hour traffic levels today are below 1990 levels even with growth in the campus population. The University of Washington has been able to avoid building costly parking structures. It estimates that it has saved over $100 million in avoided construction costs for new parking. They estimate that they avoided building 3,600 new parking spaces. 

The University of Washington’s accomplishments are all the more noteworthy because the quality of transit service in the Seattle area and the range of transit choices is not as good as in the Bay Area and especially the inner East Bay communities of Berkeley, Oakland and San Francisco. There is no equivalent to BART in Seattle. They rely on buses and some commuter rail, though light rail is under development. Only 28 percent of Seattle residents use alternatives to driving to get to work, but 57 percent of UW faculty and 62 percent of UW staff use alternatives. The incentives and encouragement provided by the U-Pass program have clearly had a big impact. 

The University of Washington is a real leader in promoting the use of alternative transportation in Seattle. By contrast, UC Berkeley lags behind other employers in Berkeley. Fifty-one percent of UC Berkeley faculty and staff drive alone to work according to the 2001 survey, but a survey done the same year found that only 43 percent of Berkeley City Hall employees drive alone to work. Census data for 2004 for commuters into Berkeley has apparently not yet been assembled, but based on data in the 1990 Census, only 40 percent of downtown and southside area employees drive alone to work. 

UC is not now a leader in promoting alternative modes, but it easily could become one. The University of Washington funds its U-Pass program in part with parking revenues. $4.3 million in parking revenues went to the U-Pass program in fiscal year 2003-2003.  

UC could also use a portion of its parking revenues to fund a similar program for UC faculty and staff. The unions that represent UC employees have made it clear that they want UC to implement an Eco Pass for UC staff and student leaders support this as well. The University of Washington has a policy of raising parking rates and keeping the cost of U-Pass substantially lower than the cost of parking. UC Berkeley could do the same. Another UC campus, UCLA, has a pilot transit pass program that was financed with parking revenues.  

UC could also raise its parking rates to market levels. By providing parking at levels below market rate, UC effectively subsidizes driving, while providing no equivalent subsidy for those who use transit. Transit use is not encouraged when it costs more out of pocket to take transit than it does to drive. Research clearly shows that there is a relationship between parking cost and transit use. While other factors also affect the decision whether to drive or not, there’s no question that cost factors play a role also. 

The University of Washington is not the only university to actively work to encourage employees to use transit with an Eco Pass/U-Pass type of program. Stanford University has an Eco Pass for its employees. Transit service for Stanford is not as good as the transit service for the Berkeley campus, but Stanford’s program has been successful. Stanford’s 1989 General Use Permit committed the campus to accommodate growth with no net increase in peak commute period auto trips. 

The LRDP EIR looked at a “No New Parking and More Transit Alternative” (Alternative L-2). This alternative is clearly environmentally superior to the LRDP. As the EIR analysis shows, the environmental impacts such as increased traffic congestion could be reduced.  

It’s not necessary, nor is it expected, that most UC employees who now drive will switch to other modes even with the provision of an Eco Pass, but if the drive alone rate drops from 51 percent to something closer to what UW has accomplished, then increases in traffic congestion can be avoided and the need for additional parking can be reduced. 

When it comes to global warming and to air quality problems in the Bay Area, UC has to decide whether it wants to be part of the problem or part of the solution. The current LRDP suggests that they plan to be part of the problem.  

Will they embrace sustainability or environmental degradation? Will they contribute to improving or to worsening quality of life in the neighborhoods adjacent to campus? The city is certainly willing to work with UC to develop effective programs to avoid increased traffic. Will UC take the opportunity to improve relations with the community by working together with the city? 

The city and UC should be working together not only to address the potential traffic problems but also to address construction impacts on adjacent neighborhoods, preservation of open space, and provision of affordable housing. 

 

Rob Wrenn is a Berkeley Planning Commissioner and Chairman of the UC Hotel Task Force. 

ˇ


From Susan Parker: On Drugs and Dogs And Dumb Questions on a Corner

From Susan Parker
Tuesday May 18, 2004

Andrea, the woman who helps me take care of my husband, walked down to the corner liquor store to buy cigarettes one night around 9 p.m. Although the store is only a block from my house, I never patronize it as there’s too much questionable activity going on around its parking lot. Instead, I drive my car a mile to the closest full-service grocery store. Andrea doesn’t have a car and so she does not have that option. 

According to Andrea, on the way back to our house, a man and a woman stopped her and asked her where they could buy drugs. It was a dumb question, because the answer is obvious. Just stand on the corner by the liquor store, and the drugs will come to you. Even me, a woman with no experience with crack cocaine, knows, in theory at least, where to find it. 

Instead of saying “I don’t know,” Andrea pointed to the corner from whence she had come and answered, “Down there.” Now things get a little confusing in the telling of this tale as Andrea begins to talk fast and her words start to slur. But from what I gather the woman, (who later turned out to be an undercover cop), pressed $20 into Andrea’s hands and said, “Go get me some.” Andrea said no, but a few minutes later an acquaintance of Andrea’s requested the same thing and she complied. She bought the drugs to give to him, but the bills were marked and she was arrested for trafficking. She was handcuffed and taken to the Alameda County Jail where she stayed for 11 days. When a check was run on her identity it revealed that she had a previous record, so she was transferred to Santa Rita County Jail where she spent 28 days. 

Andrea is not a bad person. She has raised a son and is helping to raise, with her elderly mother, several nieces, nephews and grandchildren. Sometimes she goes to church, but most of the time, when she’s not with the kids, or with my husband, she is in her room watching TV or cooking dinner for her boyfriend’s mother or braiding an endless line of other people’s hair. She should never go to the liquor store on the corner again, no matter how much she needs a cigarette, because there is a chance she could get into trouble. 

I don’t know how much it cost the taxpayers of Alameda County to keep Andrea in jail, but it couldn’t have been cheap. Three meals a day, plus lots of medical attention. She got sick while incarcerated and was treated for high blood pressure and asthma. When released, she was given the clothes that she had on at her arrest and a BART ticket to get from Pleasanton to the MacArthur station. From there she walked home to our house and went to bed. 

Several days ago I broke the law, but luckily, I didn’t get into trouble. At 3 a.m., my dog Whiskers wanted to take a walk. I took her to the front door, looked up and down the street, didn’t see any activity, so I let her out. Then I laid on the sofa to wait for her return. Ten minutes later there was a loud knock at the door, and a bright light shining into our front window. I opened it to find Whiskers sitting on the steps and a policeman. 

“Is this your dog?” he asked, shining the light in my eyes. 

“Yes,” I answered sheepishly. 

“I saw her on the corner,” said the officer. “She seemed to know where she was going so I followed her as she came up the street and stopped at your front steps. I figured she belonged here, but I wasn’t sure.” 

“Thank you,” I said. “I promise it won’t happen again.” 

I brought Whiskers into the house and hugged her. Andrea came downstairs to see what was going on. 

“The cops brought Whiskers home?” she asked. 

“Yes,” I answered. 

“Damn,” said Andrea. “They hauled my ass to jail, but they let Whiskers off?” 

“Yes,” I answered. “They did.”


A No Commercial Interruption

By PETER SOLOMON
Tuesday May 18, 2004

Experts on communication have noted with approval the increasing number and variety of public channels of information—media without a commercial message, open to almost anyone. 

A lovely idea, but step by slithery step, one that seems to have disappeared as quickly as it did not quite arrive. 

Chief exemplar of the new media is the Internet which nobody pays for (well somebody put those satellites up and all that stuff, the army or somebody, but that doesn’t really count). A free gateway to all sorts of knowledge. 

But a user who has expressed curiosity about a variety of topics (for example, dating), and has a mortgage, might be greeted with a message like this: 

“This is not spam enlarge your penis/bust and keep it hard, lasts three weeks makes you happy all the time and in your area you can refinance at only 1.25 percent and build that solarium you’ve always dreamed of and remember if you click here, exclusively for you, Paul Paula Paulette Pauline Pavel Pavlovic Paw, you will be whisked details of an unbeatable opportunity to earn up to $1,400 a day while sitting in front of your monitor this is not spam you gave your name to someone or a friend gave your name to someone who offered to supply information on great deals enlarging mortgages working at home or allied topics and we respect your privacy if you do not wish to receive these messages simply click on the link below and leave your name and correct e-mail address and answer a few brief questions and we promise you will never receive anything from us or any other affiliated ever again.” 

(No one ever asks what SPAM has to say, but for the record, SPAM is a registered trademark of Hormel Foods Corporation, which reminds us to remember that a trademark is a formal adjective and as such, should always be followed by a noun. So there.) 

Another rich source of information and entertainment is public broadcasting, but here, too, the promise seems to have dissolved. A recent edition of Desert Smokehouse Friends ran only 57 minutes, giving the announcer time to say: 

“This program has been brought to you with the support of the Playtex Foundation, uplifting women for more than 75 years; MAC (the Multinational Agribusiness Consortium) devoted to providing food produced by the poorest 20 percent of the world’s population at the lowest cost to the richest one percent; by the Sinistra L. Gauche Fund for the support of left-handed flat-picking mandolinists; by the Lucky Strike Foundation, dedicated to alleviating guilt among tobacco producers; and by Glut, the world’s greatest merchandiser on the web at www glut dot com, by you the listeners and/or viewers, and by my mom and dad who thought I should move out of the house once they retired. Local assistance was provided too, but we can’t tell you about that at the moment because the next noncommercial has to run on time.” 

And lastly, though it may have led the way, consider the university, where the ivory tower is ever more clearly being sold off piece by piece. One day soon, we expect a press release like this: 

“The University of California, a state-owned institution, invites you to a lecture-conversation featuring Roderic Pringlefeather and Felicia Verbatim.  

“Professor Pringlefeather holds the Pacific Blotter Company Chair in Graphology in the University’s new Department of Penmanship, which occupies the Royal Ink. Ltd. Mezzanine in Parker Hall. Before coming to Berkeley, Professor Pringlefeather was a Montblanc Fountain Fellow, one of only 24 people ever awarded that honor. 

“Ms. Verbatim, the Dictaphone Distinguished Scholar who heads the Transcription Studies Program at Bic Hall, was recently given the NAM Award for establishing the greatest number of corporate backers per student enrolled in the entire University system. 

“The subject of their conversazione, presented with the support of the Italian consulate in San Francisco and San Marzano Tomatoes, has not yet been announced. 

“The event will be held at Profiteer Hall, in the Warren Arthur Rogers, Jr. Auditorium.” 

This report has been brought to you by the Berkeley Daily Planet and its visible advertisers. 

 

 

 

 


Pagans on Parade Cavort in Downtown Berkeley

By RICHARD BRENNEMAN
Tuesday May 18, 2004

Bay Area tree-worshippers, Goddess-worshippers, gay and straight wiccans, Shinto devotees and their kindred—many of them clad in lavish costumes—gathered in Berkeley Saturday for the always colorful Pagan Pride Parade and Celebration. 

The day began with a parade through downtown city streets—where most of the spectators seemed to be equipped with digital cameras—before winding up in Civic Center Park. 

The city managed to keep traffic flowing in both directions along Shattuck Avenue as the parade passed by, with parking enforcement and police officers, aided by barricades and cones, confining celebrants to one southbound lane. 

Drivers hoping to use Milvia Street along the length of the Berkeley High School campus were less fortunate, finding traffic blocked in both directions. Allston Way adjacent to Civic Center Park was also closed, and traffic on several downtown side streets was restricted to a single lane.  

Though paganism was nowhere defined in event literature, a visitor to the affair could have walked away from the festivities with the notion many adherents were polytheist peddlers. 

The grassy area of Civic Center Park was encircled by a ring of booths offering crystals, dolls, drinking horns, clothing, jewelry, idols, drawings, prints, ointments, oils, incense, and palm and card readings. 

One clothing seller was decidedly perturbed to see a reporter’s camera aimed at his ware. “What’re you doing?” he asked. “Tryin’ to conduct an inventory?” 

The Internal Revenue Service, it seems, has taken to wandering various shows and taking before-and-after merchandise photos in search of vendors underreporting their sales. 

One notable exception to the commercialism was a group of five neatly groomed young adults standing next to a plastic barrel propping up a FREE WATER sign. Asking all comers, “free water?,” they dispensed their refreshing libations with a smile and no further comment. 

A curious reporter, pleased to have quenched his thirst after an hour shooting pictures under the bright, warm sun, asked one of the quintet, “Who are you, and why are you doing this?” 

“Oh, it’s Michael’s birthday, and he thought it would be nice to come down here today and pass out water,” one of them answered. 

Michael turned out to be Michael Duenes, a distinctly non-pagan teacher at Redwood Christian High School in San Lorenzo, and a little more coaxing revealed his story. 

“When we came down here, I didn’t even know that there’d be a pagan festival today, but I figured there’d be a lot of a thirsty people. We don’t mention who we are, because God’s love is free,” Duenes explained. 

He said he opted to pass out the bottled water on his birthday as a symbol of the living water of Christ.  

Duenes and his fellow water dispensers are members of The Berkeley Mosaic—“We think of ourselves as broken people united by Christ”—a congregation led by Pastor Dennis Tuma. 

“I’m glad to see the Daily Planet here,” Duenes said. “I got one of your t-shirts at the Solano Stroll, and I wear it to school sometimes on Fridays. The students seem surprised I’m from Berkeley, but I tell them I love it here.” 

The other dispensers of free things—recruiters for the Covenant of the Goddess and the Temple of the Hebrew Goddess and promoters of gay marriage, immigration rights for same-sex partners, and legalized prostitution (itself a fine old pagan tradition)—were restricted to the elevated plaza around the defunct fountain, an area that attracted few visitors. 

The paganisms on offer were distinctly New Age version of ancient traditions. No animals (or humans) were offered up as sacrifices, and the closest thing to ritual scarification on view were tattoos. 

There were no temple prostitutes and no orgies, though several costumed males wore the horns of satyrs and the ever-randy Pan, and the only bared female breasts appeared on modern-day replicas of ancient Minoan statues. 

And the only equivalent of the All-Seeing Eye was the tripod-mounted video camera run by a red-coated gentleman from atop the tower of old city hall building. ›


Exhibit Shows Iraqi Children’s View of Invasion

By Jakob Schiller
Tuesday May 18, 2004

On one of the walls of the Museum of Children’s Art (MOCHA) in downtown Oakland, there is a drawing of the Tigris River running red, a crude picture of a young girl next to a map of Iraq with the word “why” as the heading, and a colorful picture of a helicopter gunship and tank shooting at a field of flowers, with the misspelled statement, “We are not gilty.” 

The “we” is clearly not meant to refer to the soldiers operating the helicopter gunship and the tank. 

The drawings don’t create the same kind of initial shock as the graphic images of American soldiers torturing Iraqi prisoners, but in their quiet, stark way, the children’s art is equally powerful.  

The images were drawn by Iraqi school children at Al-Assail Primary School outside Baghdad, one month after the U.S invasion last year. Filled with battle scenes, flying flags, and death, the drawings are the depiction of the war as seen through the eyes of children living in a city that was hit with over 32,000 bombs during the initial American-led invasion.  

Seventy-six in total, the drawings were commissioned by Carl Rosenstein, who runs New York’s Puffin Room gallery, and have been turned into a gallery show called “Shocked and Awed.” 

In New York at the Puffin Room since September, the images and are now on the road. As part of a multi-city tour they made their first stop in Oakland, opening at the MOCHA this month. 

Rosenstein, whose gallery is well-known for promoting art with a progressive edge, originally commissioned the show to Patrick Dillon, a documentary filmmaker, just before Dillon returned to Iraq last year. Dillon was working on a documentary called Raining Planes about the invasion last year and subsequent occupation. 

“I wanted to be ringside for the extermination of civilization,” said the filmmaker, who had been kicked out of Iraq on his first trip after being detained several times by American soldiers and Iraqi secret police for filming the bombings and, at one point, around the Abu Ghraib prison. Dillon was in New York attempting to raise money for a return trip when he ran into Rosenstein. 

Rosenstein thought of the idea to collect children’s drawings on Dillon’s next trip because he had commissioned a show several years back that displayed work by children from Kosovo, Bosnia and Croatia alongside drawings by children who became refugees during the Spanish Civil war of the 1930s.  

Rosenstein said he knew children’s art could produce an uncensored message about war. 

“It was an attempt to humanize the Iraqi people,” he explained. “And children are less likely to be indoctrinated.” 

Before Dillon returned to Iraq, he and Rosenstein went to an art supply store and stocked up on paper, crayons, markers and other art material. When he got to Iraq, Dillon went to the Al-Assail Primary School but found that the children were initially hesitant about drawing anything, fearful of reprisal by the Americans, or the Iraqis. But with the help of a translator, Dillon was able to warm up to the students and teachers and ended up spending the next month filming and watching the young artists as they created the images.  

“Those children were ready to not be shocked and awed forever,” said Dillon. “They were so playful and alive, even though they were afraid because [they were] used to keeping their real feelings very close to the vest.”  

While most of the children produced drawings that documented the horror of war, with reoccurring themes of guns, tanks, soldiers and planes, there were others that were more hopeful, and others that were almost humorous. 

One that is a particular favorite of Rosenstein’s, and hangs at the front of the show, is a two-panel drawing done in crayon. On the one side is a tank. On the other, divided by a line down the middle of the paper, is a young boy sleeping, dreaming about a dove and a swan. 

Another, done on a piece of lined notebook paper, shows a blond American television reporter standing next to an SUV. The woman, whose clothing, hand bag and extra large hat might suit her better in Beverly Hills, looks lost. 

“These children, they know the deal and they were able to very expressively put their artistic skills to work,” said Dillon. “These children are extremely sophisticated. Its like a generation of 4,000 years of established geniuses.” 

Since the opening in New York, the images have received quite a bit of media attention. The first article, which ran in the Agence France Presse, was picked up around the world and subsequently, the New York Times, Washington Post, and CNN have run stories. 

Both Rosenstein and Dillon said the media coverage has been great because they’ve been able to slip the message of the images under the radar of the media establishment and help show the true face of the war in Iraq.  

“This is the real war in Iraq as opposed to the fantasy war that Fox and other propagandists have been pouring out for people,” said Dillon. 

“Shocked an Awed” runs from May 2 to June 6 at MOCHA, 538 Ninth St., Oakland. The show is free. For more information contact MOCHA at www.mocha.org or 465-8770. For more information on the show visit www.puffinroom.org. 


Arts Calendar

Tuesday May 18, 2004

TUESDAY, MAY 18 

READINGS AND LECTURES 

Rebecca Solnit describes non-violent activist victories in “Hope in the Dark: Untold Histories, Wild Possibilities” at 7:30 p.m. at Black Oak Books. 486-0698. www.blackoakbooks.com 

William Langewiesche introduces us to “The Outlaw Sea: A World of Freedom, Chaos and Crime” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com  

Peter Robb introduces Brazil’s cultural history in “A Death in Brazil: A Book of Omission” at 7:30 p.m. at Easy Going Travel Bookstore, 1385 Shattuck Ave. 843-3533. 

Oliver Said, Maggie Pond and James Mellgren introduce us to Spanish foods and wines in “Cesar” at 7:30 p.m. at Barnes and Noble. 644-0861. 

MUSIC AND DANCE 

Tom Rigney & Flambeau at 8:30 p.m. at Ashkenaz. Cost is $9. 525-5054. www.ashkenaz.com 

Hanneke Cassel, young Celtic fiddler, at 8 p.m. at Freight and Salvage. Cost is $15.50 in ad- 

vance, $16.50 at the door. 548-1761. www.freightandsalvage.org 

Tierney Sutton Tribute to Frank Sinatra at 8 and 10 p.m. at Yoshi’s at Jack London Square. Cost is $10-$16. 238-9200. www.yoshis.com 

WEDNESDAY, MAY 19 

THEATER 

“Primo” a play by Ed Davidson, on the last days of Holocaust author, Primo Levi, at 7:30 p.m. at the Jewish Community Center, 1414 Walnut Street. Also May 20, 22. Cost is $15-$20. 925-798-1300. 

READINGS AND LECTURES 

Alice Jones and Timothy Liu in an evening of poetry readings at 7:30 p.m. at Black Oak Books. 486-0698. www.blackoakbooks.com 

Café Poetry hosted by Paradise at 7:30 p.m. at La Peña. Donation $2. 849-2568. www.lapena.org 

Berkeley Poetry Slam at 8:30 p.m. at The Starry Plough. Cost is $5-7. 841-2082. www.starryplough.com 

Rick Ayes and Amy Crawford, Berkeley High teachers, introduce us to “Great Books for High School Kids: A Teacher’s Guide to Books That Can Change Teen’s Lives” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com  

Mark Pearson reveals “Europe in a Back-Pack” at 7:30 p.m. at Barnes and Noble. 644-0861. 

MUSIC AND DANCE 

Odile Lavault & The Baguette Quartet at 9 p.m. with vintage Parisian social dance lesson with at 8 p.m. at Ashkenaz. Cost is $9. 525-5054. www.ashkenaz.com 

Whiskey Brothers, oldtime and bluegrass, 9 p.m. at Albatross, 1822 San Pablo Ave. 843-2473. www.albatrosspub.com 

The Duo-Tones, surf music, at 8 p.m. at Freight and Salvage. Cost is $15.50 in advance, $16.50 at the door. 548-1761. www.freightandsalvage.org 

Mitch Marcus Trio at 8 p.m. at Jupiter. 848-8277. 

Cigarillos Hawaiian Night at 9:30 p.m. at Blakes on Telegraph. Cost is $10-$15. 848-0886. www.blakesontelegraph.com 

Tierney Sutton Tribute to Frank Sinatra at 8 and 10 p.m. at Yoshi’s at Jack London Square. Cost is $10-$16. 238-9200. www.yoshis.com 

THURSDAY, MAY 20 

CHILDREN 

Jules Feiffer, cartoonist, at 4:30 p.m. at Cody’s Books on Fourth St. www.codysbooks.com 

EXHIBITION OPENINGS 

Al Honig “Constructions: Robots and Beyond” Reception for the artist, at 5 to 8 p.m. at Oakland Museum of California, Sculpture Court, 111Broadway. 283-6836. 

“Ancient Icons: In Stone & Gems” paintings and sculptures by Tricia Grame and gems by Roxanna Marinak. Reception from 5 to 8 p.m. at the Craft & Cultural Arts Gallery, in the State of California Office Building, 1515 Clay St., Oakland. 622-8190. www.oaklandculturalarts.org 

READINGS AND LECTURES 

“Julie Mehretu: Matrix 211” gallery talk with curator Heidi Zuckerman Jacobsen at 12:15 p.m. at Berkeley Art Museum, 2625 Durant Ave. 642-0808. www.bampfa.berkeley.edu 

Eoin Colfer, author of “Artemis Fowl” books introduces his new novel “The Supernaturalist” at 7 p.m. at Cody’s Books on Fourth St. www.codysbooks.com 

Ken Blady presents a slide show and talk on “Jewish Communities in Exotic Places” at 7:30 p.m. at Easy Going Bookstore, 1385 Shattuck Ave. 843-3533. 

Alix Olson, folk poet and queer artist-activist, at 7:30 p.m. at Oakland Box Theatre, 1928 Telegraph Ave. All ages welcome. Tickets are $10. 451-1932. www.oaklandbox.com  

Robert Fuller describes the discrimination of “Somebodies and Nobodies” at 7:30 p.m. at Barnes and Noble. 644-0861. 

MUSIC AND DANCE 

Berkeley High Choreographers present “HumanBeingHuman” at 8 p.m. at the Little Theater, Allston Way. Cost is $5-$10. 

Sanford Arms and Thread at 9:30 p.m. at The Starry Plough. Cost is $5. 841-2082. www.starryplough.com 

“Candela” Afro-Peruvian music with Mochi Parra and Carlos Hayre at 8 p.m. at La Peña. Cost is $12. 849-2568. www.lapena.org 

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

Karashay with Chirgilchin, Tuvan throat singers and didjeridu master at 8 p.m. at Freight and Salvage. Cost is $17.50 at the door. 548-1761. www.freightandsalvage.org 

“Jaguarundi’s Studio” cutting edge acoustics at the 1923 Teahouse at 8 p.m. Donation of $7-$15. 644-2204. www.epicarts.org 

Cornelius Boots, clarinet ensemble, at 8 p.m. at The Jazz House. Donation of $8-$15. 649-8744. www.thejazzhouse.org 

Lee Ritenour at 8 and 10 p.m. at Yoshi’s at Jack London Square, through Sun. Cost is $16-$24. 238-9200. www.yoshis.com 

FRIDAY, MAY 21 

CHILDREN 

Storytime with Pancake Pig and at Barnes and Noble at 10:30 a.m. 644-3635. 

EXHIBITION OPENINGS 

Berkeley Art Museum reception for current exhibits at 6:30 p.m., 2625 Durant Ave. 642-0808. www.bampfa.berkeley.edu 

THEATER 

Berkeley Rep “Master Class” with Rita Moreno at The Roda Theater. Runs through July 4. 647-2949. www.berkeleyrep.org 

Berkeley Rep “The Mystery of Irma Vep,” Charles Ludlam’s theatrical cult classic at Berkeley Rep’s Thrust Stage, and through May 23. Tickets are $39-$55. 647-2949. www.berkeleyrep.org 

Impact Theatre “Money and Run” an action serial adventure with different episodes on Thurs., Fri. and Sat. at 8 p.m. Runs through June 5 at La Val’s Subterranean, 1834 Euclid. For tickets and information call 464-4468. www.impacttheatre.com 

FILM 

“City Of Lost Children” at 8 p.m. at the Long Haul, a reading room, library and community center in South Berkeley located at 3124 Shattuck Ave. Wheelchair accessible. 540-0751. www.thelonghaul.org 

READINGS AND LECTURES 

Robert Reich explains “Reason: Why Liberals will Win the Battle for America” at 4 p.m. at Cody’s Books. www.codysbooks.com  

John Stauber, author of “Weapons of Mass Deception” returns with “Banana Republicans” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com 

Rogen Ballen offers a walk through his exhibition of photographs at 3:30 p.m. followed by a conversation with Orville Schell at 5 p.m. at the Berkeley Art Museum, 2625 Durant. 642-1295. www.bampfa.berkeley.edu 

MUSIC AND DANCE 

Berkeley Ballet Theater “Le Bal des Graduées” at 7 p.m. at Julia Morgan Theater. Tickets are available from 843-4689. www.berkeleyballet.org 

Berkeley High Choreographers present “HumanBeingHuman” at 8 p.m. at the Little Theater, Allston Way. Cost is $5-$10. 

Berkeley Opera Fundraising Concert and dinner at 8 p.m. at Le Theatre, 1919 Addison St., to support the premiere of Supryn- 

owicz’s new opera, “Caliban Dreams.” Cost is $90. 444-6232. 

Oakland Opera Theater “Akhnaten” by Philip Glass at 8 p.m. at Oakland Metro, 201 Broadway. Tickets are $15-$27. Also Sat. at 8 p.m. and Sun at 2 p.m. 763-1146. www.oaklandmetro.org 

Edward Delgado “Music that Fascinates” piano recital at 7:25 p.m. at the Berkeley City Club, 2315 Durant Ave. Tickets are $25-$30. www.sequoiaconcerts.com 

“Let Us Break Bread Together” with Oakland East Bay Symphony, Oakland Symphony Chorus, Oakland Interfaith Gospel Choir and Lucy Kinchen Chorale at 8 p.m. at the Paramount Theater, 2025 Broadway, Oakland. 625-TIXS. www.oebs.org 

Folksinger Faith Petric at 7:30 p.m. at the Fellowship Café at Fellowship Hall, Cedar and Bonita Sts. Donation of $5-$10 is requested. 

Ray Anderson & Mark Helius, out jazz duo, at 8 p.m. at The Jazz House. Donations of $8-$15 suggested. 649-8744. www.thejazzhouse.org 

The Lovejoy Lounge with Allison Lovejoy at the 1923 Teahouse at 7 p.m. Donation of $7-$15. 644-2204. www.epicarts.org 

Kris Delmhorst 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 

Hip Hop Exchange at 9 p.m. at La Peña. Cost is $5-$10. 849-2568. www.lapena.org 

East Coast Swing with Steve Lucky & the Rhumba Bums 9:30 p.m. with a dance lesson with Nick & Shanna at 8 p.m. at Ashkenez. Cost is $13. 525-5054. www.ashkenaz.com  

Lavish Green, Griswald, The Glow at 9:30 p.m. at Blakes on Telegraph. Cost is $7. 848-0886. www.blakesontelegraph.com 

All Ages Show with Go Jimmy Go, Treephort and Teenage Harlots at 9:30 p.m. at The Starry Plough. Cost is $7. 841-2082.  

www.starryploughpub.com  

Danny Caron at 8:30 p.m. at Downtown. 649-3810. 

Them!, jazz trio, at 7:30 p.m. at Nomad Cafe, 6500 Shattuck Ave. 595-5344. www.nomadcafe.net 

Will Bernard & Motherbug at 8 p.m. at Jupiter. 848-8277. 

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

Voetsek, Lights Out, Despite, Case of Emergency at 8 p.m. at 924 Gilman St., an all-ages, member-run, no alcohol, no drugs, no violence club. Cost is $5. 525-9926. 

SATURDAY, MAY 22 

CHILDREN 

“Wild About Books” storytime with Gary Lapow, musician and song-writer at 10:30 a.m. at the Berkeley Public Library, 2090 Kittredge St. 981-6223. 

EXHIBITION OPENINGS 

“Vulnerability” CollectivEye’s debut exhibition reception from 7 to 11 p.m. at the Gravity Feed Gallery,1959 Shattuck, at University. www.gravityfeed.net 

THEATER 

Stagebridge “The Hypochon- 

driac” at 8 p.m. at First Congregational Church, 2501 Harrison, Oakland. Tickets are $15. 444-4755. 

“Primo” a play by Ed Davidson, on the last days of Holocaust author, Primo Levi, at 7:30 PM Berkeley Richmond Jewish Community Center, 1414 Walnut Street. Also June 3 and 6. Cost is $15-$20. 925-798-1300. 

READINGS AND LECTURES 

Gallery Talk on “The Big Picture” with artists Johnna Arnold, Taro Hattori, Mayumi Hamanaka, and a discussion of large format digital printing at 2 p.m. at Kala Gallery, 1060 Heinz Ave. 549-2977. www.kala.org 

West Coast Live with Joan Blades, Marilyn Yalom and Marshall Chapman and others at 10 a.m. at the Freight and Salvage. Cost is $15 in advance, $18 at the door, available from 415-664-9500 or www.ticketweb.com 

Pamela Holm reads from “The Toaster Broke, so We’re Getting Married” at 7 p.m. at Cody’s Books on Fourth St. 559-9500. www.codysbooks.com 

Cathy Alter, editor, will be joined by several contributors to read from the new collection “Virgin Territory: Stories from the Road to Womanhood” at 7:30 p.m. at Boadecia’s Books, 398 Colusa Ave. at Colusa Circle, Kensington. www.bookpride.com 

MUSIC AND DANCE 

Berkeley Ballet Theater “Le Bal des Graduées” at 2 and 7 p.m. at Julia Morgan Theater. Tickets are available from 843-4689. www.berkeleyballet.org 

Composer in the Schools Concert with the Peagsus Quartet at 2 p.m. in Trinity Chapel, 2320 Dana at Durant. Admission is free.  

Trinity Chamber Concerts with Del Sol String Quartet playing George Antheil at 8 p.m. at Trinity Chapel, 2320 Dana at Durant. Tickets are $8-$12. 549-3864. 

VOCI presents “Songlines - from Generation to Generation,” music from Central and Eastern Europe at 4 p.m. at St. Mark’s Episcopal Church, 2300 Bancroft Way. Tickets are $12-$20. 531-8714. www.coolcommunity.org/voci 

The Women’s Antique Vocal Ensemble with instrumental ensemble Alta Sonora presents “A Salute to French Composers from the Middle Ages to the 20th Century,” at 8 p.m. at the Unitarian Universalist Church of Berkeley, One Lawson Road, Kensington. Tickets are $5-$10. 233-1479. www.wavewomen.org 

La Percusión Afro-Antillana at 1 p.m. at La Peña Cultural Center. Cost is $15. 849-2568. www.lapena.org 

Iluminado and YazJazz at 8 p.m. at La Peña Cultural Center. Cost is $12-$14. 849-2568. www.lapena.org 

Kotoja at 9:30 p.m. at Ashkenaz. African dance lesson with Comfort Mensah at 9 p.m. Cost is $13. 525-5054. www.ashkenaz.com 

Stukface, Fountain St. Theatre Band at 9:30 p.m. at Blakes on Telegraph. Cost is $8. 848-0886. www.blakesontelegraph.com 

Citizens Here and Abroad, Tracker, Audio Out Send at 9:30 p.m. at The Starry Plough. Cost is $6. 841-2082. www.starryploughpub.com 

Rhiannon and Friends at 8 p.m. at the Jazzschool. Cost is $12-$20. 845-5373. www.jazz- 

school.com 

Kathy Kallick Band at 8 p.m. at Freight and Salvage. Cost is $17.50 in advance, $18.50 at the door. 548-1761. www.freightandsalvage.org 

Vanessa Morrison & Friends at the 1923 Teahouse at 8 p.m. Donation of $7-$15, no one turned away for lack of funds. 644-2204. www.epicarts.org 

Sylvia and the Silvertones at 8:30 p.m. at Downtown. 649-3810. 

Shannon Hurley at 7:30 p.m. at Nomad Cafe, 6500 Shattuck Ave. 595-5344. www.nomadcafe.net 

Allegiance, Outbreak, The Distance, Drug Test at 8 p.m. at 924 Gilman St., an all-ages, member-run, no alcohol, no drugs, no violence club. Cost is $5. 525-9926. 

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

SUNDAY, MAY 23 

CHILDREN 

Indian Folkdance and Storytelling with Raje and Sasha at 3 p.m. at Ashkenaz. Cost is $6 for adults, $4 for children. 525-5054. www.ashkenaz.com 

Sarita & Schroeder’s Bubblejuice at the 1923 Teahouse at 2 p.m. 644-2204. www.epicarts.org 

THEATER 

Stagebridge “The Hypochon- 

driac” at 3 p.m. at First Congregational Church, 2501 Harrison, Oakland. Tickets are $15. 444-4755. 

READINGS AND LECTURES 

“Art, Memory and Survival,” a discussion of the role of art and literature in the experience of second and third generation Holocaust survivors at 2 p.m. at the Judah L. Magnes Museum, 2911 Russell St. www.magnes.org 

Steve Almond talks about his candy obsession in “Candyfreak: A Journey through the Chocolate Underbelly of America” at 7:30 p.m. at Black Oak Books. 486-0698. www.blackoakbooks.com 

Gallery Talk on “Carl Heidenreich and Hans Hofmann in Post-War New York” with Gabriele Saure at 1:30 p.m. at the Berkeley Art Museum, 2625 Durant Ave. 642-0808. www.bampfa.berkeley.edu 

Compass Points: Artists’ Talks with the MFA students at 3 p.m. at the Berkeley Art Museum, 2625 Durant Ave. 642-0808. www.bampfa.berkeley.edu 

Antero Alli on “Astrology as an Archetypal Language” at 7 p.m. at Alaya Bookstore, 1713 University Ave. 548-4701.  

Poetry Flash with contributing translators reading from “The Essential Neruda” at 7:30 p.m. at Cody’s Books. Donation $2. 845-7852. www.codysbooks.com 

MUSIC AND DANCE 

Berkeley Ballet Theater “Le Bal des Graduées” at 2 p.m. at Julia Morgan Theater. Tickets are available from 843-4689. www.berkeleyballet.org 

Mahea Uchiyama Center for International Dance Repertory Concert with dances from Hawai’i, The Middle East, West Africa, North India, Tahiti, at 3 p.m. at Oakland Scottish Rite Center, 1547 Lakeside Drive, Oakland. Tickets are $10-$25, and must be purcahsed in advance. 925-798-1300. www.mahea.com 

WomenSing and San Francisco Gay Men’s Chorus at 3 p.m. at First Congregational Church, 2345 Channing Way. Tickets are $18-$20. 925-974-9169. www.womensing.org 

Soli Deo Gloria and Camerata Gloria, “Northern Lights,” an a cappella concert of music by Canadian composers Healy Willan, Imant Raminsh, Eleanor Daley, and Ruth Watson Henderson, at 3:30 p.m. at Zion Lutheran Church, Piedmont, 5201 Park Blvd., Piedmont. Tickets are $15-$20. Grades K-12 are free. 415-982-7341. www.sdgloria.org 

Americana Unplugged: All Wrecked Up at 5 p.m. at Jupiter. 848-8277. 

The James King Band, bluegrass from Virginia, at 8 p.m. at Freight and Salvage. Cost is $15.50 in advance, $16.50 at the door. 548-1761. www.freightandsalvage.org 

Mark Levine at 4:30 p.m. at the Jazzschool. Cost is $12-$18. 845-5373. www.jazzschool.comˇ


Thrush? Modest Coat Belies Brilliant Skills

By JOE EATON Special to the Planet, Photo by: Peter LaTourrette
Tuesday May 18, 2004

Here’s a suggestion: Take an early morning or late afternoon walk in Tilden Park, along the trail that starts at the Lone Oak picnic area and follows Wildcat Creek. This time of year you’ll be surrounded by birdsong—black-headed grosbeaks, warbling vireo s, Wilson’s warblers—but one voice in particular will stand out. The performance may start with a soft “whit,” likened by some listeners to the drip of water into a bucket. Then the Swainson’s thrush, newly returned from its Mexican and Central American w intering grounds, will get serious. From somewhere in the oaks and bay laurel will come what Alexander Skutch, who has heard these birds warming up in Costa Rica, called “slender liquid spirals of song.” The smooth notes flow in an ascending scale, with a reedy effect as the pitch rises. If you’re lucky, you’ll hear several males with adjacent territories matching voices, the song-duels echoing off the cliffs that rise above the creek. 

For my money, these modestly plumaged olive-brown birds are the bes t singers on the West Coast. Some rank the hermit thrush higher, but we seldom get to hear those outside the Sierra forests and patches of coastal conifers. The Swainson’s thrushes check in late—April 15 is an exceptionally early date for Berkeley—and I’v e always thought of them as the last act in the spring chorus. Although they prefer riparian growth, they can turn up in unexpected places. A couple of years ago one chose a territory in my neighborhood, and I could hear it most mornings as I walked to th e BART station. That voice made the grim daily commuting ritual a lot more bearable. 

The thrushes may have spent the winter anywhere from the West Mexican states of Nayarit and Tamaulipas down to the mountains of Bocas del Toro in Panama. Some frequent t he fruiting trees that shade coffee plantations (which, properly managed, can be havens for neotropical migrant birds). Others choose moist evergreen or deciduous forests. They eat a lot of berries and fruit in winter, augmented by the insects flushed from the forest floor by swarms of army ants. “The thrush hovers about the outskirts of the swarm,” wrote Skutch, “and I have not seen it dash into the midst of the fray to seize a fugitive, in the manner of tropical birds more adept at this kind of hunting.” 

How have they found their way back from these tropical settings to the familiar woods of Tilden Park? A study recently reported in Science sheds new light on how Swainson’s thrushes—and by extension, other migratory birds—orient themselves in flight. M ig ration researchers have speculated for years that birds use a complex set of cues to set their courses; steering by the stars or the moon, or using rivers, mountains, and other geographic features as route markers. But it’s become clear since the 1970s, w hen pioneering work was done on European robins, that magnetism is the single most important source of guidance for the vast numbers of birds that migrate by night. 

Birds, it turns out, may be able to “see” the Earth’s magnetic field; that’s been verifie d for Savannah sparrows and Australian silvereyes, at least. (A bird’s-eye view is different from ours in significant ways; they’re adapted to see into the ultraviolet range.) In bobolinks, the ophthalmic nerve, which feeds visual input to the brain, is s ensitive to magnetic stimulation and contains traces of iron oxide. What birds perceive is not the magnetic field itself, but the plane of polarized light caused by the setting sun. They seem to use this to calibrate their internal compasses. Workin g with captive Savannah sparrows, biologist Frank Moore found the birds became spatially disoriented if he placed mirrors around their cage to shift the apparent position of sunset. 

Until recently, though, no one had taken the study of magnetic orientation outside the lab. William Cochran, who had done preliminary work with the Illinois Natural History Survey, teamed up with Martin Wikelski of Princeton and Henrik Mouritsen of the University of Oldenburg in Germany to study the Swainson’s thrush and its close relative, the gray-cheeked thrush. They trapped northbound migrant thrushes in Illinois and glued lightweight radio transmitters to their feathers. At dusk, the biologists used portable equipment to expose the captives to false magnetic fields, rotated 80 degrees to the east of true magnetic north. Then they set them free. 

The thrushes flew through the night, exchanging their flight calls: “a single, mellow or plaintive and far-carrying whistled queep,” by one account. In a 1982 Oldsmobile crammed with tracking devices, the scientists followed. Several times the battered vehicle with its roof-mounted antenna was pulled over by suspicious Midwestern cops. 

What Cochran and his colleagues found was that on the first night after their release, the thrushes flew skewed courses, veering to the west. But on the following night, they resumed their normal northward flight heading. One view of the true magnetic field allowed them to recalibrate. 

Although the Swainson’s thrushes that nest in California don’t cros s the equator, the Cochran study may help explain how trans-equatorial migrants, which can’t tell magnetic north from magnetic south, avoid getting turned around. Using only a magnetic compass would risk confusion, but the sunset calibration could help ke ep the birds on track. They may also have an onboard clock that corrects for changes in latitude and season. 

At some level, knowing all this—how these tiny-brained birds navigate the immensity of the night—is just as satisfying to me as hearing t heir songs on the breeding ground. Letting the mystery be is all well and good, but for some of us there’s an almost visceral pleasure in learning how another piece of the wonderfully complex natural world really works. 




Cartoon

Justin DeFreitas
Tuesday May 18, 2004

Cartoon by Justin DeFreitasfl


Task Force Criticized For Lack of Diversity

By RICHARD BRENNEMAN
Friday May 14, 2004

After three months of relatively smooth sailing, the UC Hotel Task Force struck a reef Wednesday night after Chairperson Rob Wrenn presented the 25-member panel’s final report to the full Planning Commission. With the backing of Commission Chairperson Harry Pollack, Planning Commissioner Jerome Wiggins, who is African-American, blasted the task force as a “hand-picked, non-diverse group of white people” and said that he “couldn’t care less” if it continued. 

The task force was formed earlier this year at the request of the City Council, and under the authority of the city’s General Plan. The task force originally began as a commission subcommittee made up of commissioners Rob Wrenn, Zelda Bronstein and Gene Poschman. It was later expanded with community members nominated by the three-member commission subcommittee and approved by the full commission. It’s purpose is to provide citizen input on the proposed high-rise hotel and museum complex UC wants to build in the two-block area in the heart of downtown Berkeley between Shattuck Avenue and Oxford Street from Center Street to University Avenue. 

But in a debate over the recommendations in the task force’s 14-page report, Commissioner Wiggins virtually exploded at the group’s composition, thundering that “for the people in my community... for you to sit up and talk about diversity is an insult.” 

The problem was, when the task force membership list was originally submitted to the Planning Commission last winter, Wiggins complained of no South Berkeley membership, but then never took the opportunity to put anyone on the task force himself. 

“You were invited to nominate people,” Commissioner Zelda Bronstein told him on Wednesday. “You had an opportunity.” 

Not so, Wiggins retorted. “When the issue came before this group, the issue had already been decided,” he said. “The task force had already been meeting. The train had already left the station.”  

Commission Chair Harry Pollack immediately backed Wiggins, whose vote had given him the majority needed to win his position as chair. “Commissioner Wiggins’ rendition [of the formation of the task force] was correct,” Pollack said. “The task force was set up for one purpose and used for a different purpose.” 

Just what purpose, Pollack didn’t say. 

A flabbergasted Wrenn could only shake his head. 

In fact, while the Planning Commission subcommittee held several general meetings on the hotel complex during the winter in which community residents participated, the task force itself had no formal meeting until after its membership was approved by the full Planning Commission. At the Planning Commission meeting where the task force membership was approved, Wiggins made the same complaint about lack of South Berkeley membership, but then failed to nominate anyone from that area when the chance came. At that same meeting, Commissioner David Stoloff offered a candidate of his own, Erin Banks of Livable Berkeley (the wife of the city’s Current Planning Director Mark Rhoades), who was then accepted by the commission. 

The troubles at Wednesday’s Planning Commission first arose after Wrenn summarized the nine sections of the task force report, ranging from turning Center Street between Oxford Street and Shattuck Avenue into a pedestrian mall to maximizing the project’s economic benefits for the city and downtown business. 

The first shot came from Wiggins, who said that while he had no problems with the single-sentence general recommendations, “I do have a problem with the details. I don’t understand why there has to be that level of specificity.” 

“Reality is in the details,” replied Commissioner Poschman. “The meaning is in the specificity.” 

One such detail provoked commissioner David Tabb, a recommendation that the complex shouldn’t offer free parking for hotel employees, many of whom he predicted would be coming from long distances. “I bristle at that because it seems enormously class-based. . . It seems an enormously upper-middle-class perspective.” 

Bronstein then directed him to another specific, the recommendation that the hotel provide transit passes to their employees. “If you get on the bus, you’re probably not upper middle class,” she added.  

Tabb later offered an apology for the tone of his earlier comment. 

“My guess is that each of us can find an objection to one or more of the specifics,” said Commission chair Pollack. “We should continue this to our next meeting so we can come up with a resolution to convey to the council with the document.” 

Commissioner Tim Perry also said he had problems with the amount of detail in the recommendations, saying that he wanted to “make this a dialogue with the developer rather than a set of demands from the City of Berkeley. We don’t want to kill the opportunity by appearing to be so difficult that they simply go away.” Perry also said he was opposed to letting the task force itself review the developer’s plans, which he said should be presented only to the full commission. 

Poschman disagreed. “The task force is probably the best place for the developer to go initially because we’ve spent hours and hours” looking into the issue. 

When the dust had settled, commissioners voted to continue the discussion until their next meeting, May 26. A few minutes later, Wrenn walked out and did not return for the remainder of the meeting. 


Cabbies Win NLRB Union Ruling

By JAKOB SCHILLER
Friday May 14, 2004
Jakob Schiller:
              
              Taxi drivers Anwar Zadran (left) and Mohammed Zarif outside the North Berkeley BART station.›
Jakob Schiller: Taxi drivers Anwar Zadran (left) and Mohammed Zarif outside the North Berkeley BART station.›

Anwar Zadran is used to not seeing his wife and four children. When he leaves for work, they are still asleep. Often when he gets home, they are already in bed. That’s because Zadran has to spend 10-16 hours a day driving a Berkeley cab in order to make enough money to support his family. 

But things may soon get easier for Zadran. At the end of last month, the national office of the National Labor Relations Board (NLRB) in Washington D.C. unanimously upheld a decision by the local NLRB office to allow cab drivers from five different East Bay companies to form a union. In a landmark case, almost 200 drivers will soon start negotiating a contract that will raise their wages, give them health benefits, and help them work a more regular schedule. 

The five cab companies affected include Friendly Cab, Yellow Cab of the East Bay, California Cab, Greyline Cab and Metro Cab, all of which are administered by Friendly Cab. Stationed in Oakland, the cabs serve the greater Bay Area including Berkeley.  

“It’s a struggle just to make it,” said Zadran, who suffers from an irregular heartbeat and confesses that cab driving expenses have kept him from taking a vacation in the past seven years. “But I didn’t have no choice. If I didn’t work my kids will be on the streets. The moment I heard [the drivers got a union] I was so happy.” 

Soon after the decision by the NLRB, the East Bay drivers were able to verify that more that 80 percent of the group voted in favor of the union during an election held in 2002. The new union, which will soon institute collective bargaining with the five companies, is independent and not affiliated with any larger union. 

The drivers also have a civil suit in an Alameda Superior Court asking for back pay for all the years they have worked under the current system. 

“This will be a case cited for years to come,” said Don Jelinek, a former Berkeley City Council member and the attorney who the drivers originally came to for advice. 

“There was a mountain of precedent that we had to overcome,” said Bob Bezemeck, the attorney who ended up representing the drivers before the NLRB. “Employers have so much power over employees under American labor law that for a group of poorly compensated employees to hold together and do this is a tremendous victory. They deserve all the credit.” 

Representatives from Friendly Cab did not return calls concerning the union organizing drive.  

Besides low pay, drivers said they had no job security, no health benefits, no vacation time, and no workman’s compensation. Instead, they said that the cab companies treated them like private contractors, responsible for their own well-being while still under the guise of the cab company. 

Each week, local drivers were required to rent out a car for a fee as high as $900 dollars, according to Jelinek. Drivers said the owner of the cab company set different rental fees for different drivers. The drivers kept all the cab fare received from riders, but were responsible for their own expenses such as gas, airport permits, and bridge tolls. The company usually took care of repairs, but if the cab was in the shop during the middle of their lease, drivers still had to pay the rental fee.  

According to Zadran, when a rock once hit his windshield, the company owner demanded that he pay the both the rental fee and the cost of the damages.  

If the drivers got into an accident, the passengers were covered by the company insurance but not the driver. 

At the same time, employees said they were required to follow a number of rules established by Friendly Cabs, including a ban on independent business. Drivers were not allowed to hand out business cards and develop independent relationships with riders, but were required to respond only to calls from a company dispatcher. In addition, drivers said they were sometimes forced to carry advertising on their cabs, but did not receive a share of the advertising revenue.  

If drivers broke any of these rules the employer could terminate the lease. 

On a good day, the drivers said they made $60-80 after 10 hours of work. On a bad day, they broke even. 

Independent contractors are not normally allowed certain NLRB protections in organizing a union, but the drivers’ attorneys successfully argued that the tight regulations under which they worked made them employees in fact, if not in name. The local NLRB agreed, allowing the drivers to hold a union election last year. But the cab company appealed, keeping the workers from counting the votes until the appeal was heard by the National NLRB. That process took 15 months.  

Almost all of the drivers are immigrants, primarily from Afghanistan, Sudan, Nigeria and India. Several are doctors, engineers, and professors who came to the United States but couldn’t find work anywhere else. Anwar, who left Afghanistan when Russia invaded, worked as a technician for two different computer companies until the dot-com bust. In Afghanistan he worked for the Ministry of Foreign Affairs, and in the government offices responsible for passports and scholarships.  

“Its hard,” he said about driving a cab. “But it’s something you have to do, you don’t have much choice. Some people say you’re crazy that you’re still driving, but what can you do?” 

“I used to think in America there was justice,” said Mohammed Zarif, another one of the drivers. “But I’ve learned that if you have money, you can change anything.”  


UC Tax Exemptions Rooted In Law and Court Rulings

By RICHARD BRENNEMAN
Friday May 14, 2004

EDITOR’S NOTE: This is the second of a two-part series on taxation issues between the City of Berkeley and the University of California. In the May 11 edition, we compared the Berkeley/UC tax relationship with similar relationships in other university cities around the country. 

 

Under federal and California law, all state and federal property is exempt from taxation, as are public libraries and museums, aerospace museums, churches, hospitals, charitable facilities, nonprofit schools and colleges, nonprofit cooperative housing, nonprofit scientific institutions, burial plots and modifications to buildings to accommodate the disabled. 

Berkeley’s biggest non-taxpayer by far is the University of California, and therein lies the rub. 

The key to UC’s place in the realm of taxation can be found in two articles of the California Constitution: 

• Article IX Section 9 grants the University of California system “full powers of organization and government,” including the full control and management of property.  

• Article XIII Section 3 specifically exempts state-owned property from all property tax liability. Two sections of the state Education Code define the UC Board of Regents as a state agency, thus allowing the UC system to qualify for the constitutionally-mandated tax exemption. 

Questions involving special assessments levied to finance specific improvements that serve the university have a more complex history. 

Just what other governments can and can’t do to collect taxes and fees from the university system has been hashed out in a series of court decisions starting with the unanimous 1929 California Supreme Court ruling in the case of the City of Inglewood v. Los Angeles County. 

Three county districts—flood control, sanitation and drainage—tried to collect special assessments from the city, but the state high court unanimously ruled that “while publicly owned and used property is not exempt from special assessments under the constitution or statutory law of this state, there is an implied exemption of such property from burdens of that nature.” 

Under that decision, local governments generally paid for the actual services they received, but not the taxes levied to build the facilities that provide them. 

A series of decisions between 1979 and 1983—most notably another unanimous state Supreme Court ruling in 1981—led the State Legislature to make a change in the way government agencies pay such service fees. 

In two appellate rulings, one in 1979 and the other in 1983, the judges ruled that UCLA was exempt from special assessment fees it had paid under protest to the City of Los Angeles for sewer facilities construction. 

The July 21, 1981, high court ruling in San Marcos Water District v. San Marcos Unified School District laid out the definitive legal standard in striking down the water district’s attempt to assess the school district for a capital improvement fee to improve sewer service: “Because the capacity fee is a special assessment that has not been authorized by the Legislature, we hold that the school district is not required to pay the fee.” 

In the wake of San Marcos, the Legislature enacted California Government Code sections 54999 through 54999.6, “Liability of Public Entities for Public Utility Capital Facilities Fees,” which went into effect in March, 1988.  

The new law specified that the San Marcos decision “should be revised to authorize payment and collection of capital facilities fees” from governmental agencies, though it set a higher standard for fees imposed on school districts, county education offices, community college districts, UC, the CSU system and any state agencies. 

The law places the burden of proof on the taxing agency to justify the costs of the assessments. 

Those statutes were reinforced by Proposition 218, a statewide ballot initiative passed by voters in November, 1996, which mandated that local, state and federal agencies can’t be exempted from special assessments unless they offer “clear and convincing evidence” that they receive no benefit from the improvements financed by the fees. 

An appellate decision in June, 2003, clarified Prop. 218, limiting assessments that can be collected to fees for “provision of water, light, heat, communications, power, or garbage service, for flood control, drainage or sanitary purposes, or for sewage collection, treatment, or disposal.” 

The decision came after the City of Marina sought funds to pay for increased traffic and fire safety facilities needed to meet the needs of the new California State University-Monterey Bay campus. 

Though the CSU Environmental Impact Report concluded the new campus would impose fire protection costs and traffic congestion problems on the adjacent community, the university refused to pay anything toward the required improvements. The city sued to force the university to pay mitigation costs under the provisions California Environmental Quality Act (CEQA). 

Marina won at the trial court level, but their was reversed by the State Court of Appeal. 

The city has challenged the reversal, and the case now set for arguments before the California Supreme Court. Berkeley City Attorney Manuela Albuquerque signed the formal friend of the court brief—drafted by Assistant City Attorney Zach Cowan—siding with the City of Marina on behalf of the League of California City and the California State Association of Counties. 

Assemblymember and former Berkeley Mayor Loni Hancock has launched a legislative attempt at an end run around the Marina decision in her Assembly Bill 2092, which would mandate that colleges, universities and other normally exempt institutions pay their fare share of impacts on other agencies in projects governed by the CEQA. 

Whether an act of the Legislature can trump provisions enshrined in the state constitution is an issue that only the courts can decide. Judging from previous rulings by the state’s high court, Hancock will be fighting an uphill battle. 

The courts have also ruled that universities are exempt from building permit and inspection fees when the system is building facilities for educational uses—even on leased property. 

In the unanimous 1978 decision Regents of the University of California v. City of Santa Monica, a Southern California appellate court unanimously ordered the city to refund fees it had assessed after the university installed an air conditioning system and moved wall partitions in a leased building in the city. 

One area where the courts have consistently allowed local governments to levy taxes is on commercial activities conducted on land owned by colleges and universities. 

In a 1975 decision, the appellate court ruled that Los Angeles could levy business taxes on a circus that held commercial performances at Devonshire Downs, owned by CSU-Northridge. The court ruled that a city could assess fees when the university crossed the line “between governmental and proprietary activity.” 

The following year, a Northern California appellate court ruled that the City of Berkeley could levy a 10 percent gross receipts tax on Oakland Raiders pro games held at Cal Stadium. The court cited earlier decisions holding that cities were entitled to tax all business activities within their borders. ›


Berkeley This Week Calendar

Friday May 14, 2004

FRIDAY, MAY 14 

City Commons Club Noon Luncheon with Nelson H. Greyburn, Prof. of Anthropology, on “Recent Generational Changes in Japan.” Luncheon at 11:45 a.m. for $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. 

Literary Friends meets at 1:30 p.m. at the North Berkeley Senior Center to discuss Creative Poetry in Action 232-1351. 

Berkeley Critical Mass Bike Ride meets at the Berkeley BART the second Friday of every month at 5:30 p.m. 

Berkeley Chess Club meets Fridays at 7:15 p.m. at the Berkeley City Club, 2315 Durant Ave. Players at all levels are welcome. 652-5324. 

Women in Black Vigil, from noon to 1 p.m. at UC Berkeley, Bancroft at Telegraph. wibberkeley@yahoo.com 548-6310, 845-1143. 

Meditation, Peace Vigil and Dialogue, gather at noon on the grass close to the West Entrance to UC Berkeley, on Oxford St. near University Ave. People of all traditions are welcome to join us. Sponsored by the Buddhist Peace Fellowship. 655-6169. www.bpf.org 

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. 

Herbal Tea at Three Learn tea lore, medicinal properties, and taste familiar and exotic varieties. Every Friday from 3 to 4 p.m. at Elephant Pharmacy. 549-9200. www.elephantpharmacy.com 

SATURDAY, MAY 15 

Berkeley Health Carnival from 10 a.m. to 3 p.m. at San Pablo Park, 2800 Park St. Free medical screenings and enrollment opportunities. Sponsored by the LifeLong Medical Group. 

City of Berkeley Budget Forum at 9:15 a.m. in the Sproul Room, St. John’s Presbyterian, 2727 College Ave. Sponsored by BANA/ 

CNA.  

Interfaith Pagan Pride Parade and Celebration with indigenous and Earth-based traditions celebrating the “Divine Feminine” from 10 a.m. to 5 p.m. at Civic Center Park. www.paganparade.org 

Strawberry Tastings at Berkeley Farmers’ Market, Civic Center Park from 10 a.m. to 3 p.m. with cooking demonstrations at 11 a.m. 

Berkeley Fire Station Open House from 1 to 4 p.m. at Station 2, 2029 Berkeley Way. Tour the station, see a safety presentation, and historical display and enjoy hot dogs and cake. Families and children especially welcome. 981-5506. 

Slitherin’ Snakes Visit the friendly snakes at Tilden Nature Center from 10:30 a.m. to noon and learn about reptiles. 525-2233. 

Bugs-R-Us If you love insects, come on down to search out some creepy crawlies. You’ll learn all about our many legged friends and then search for them in the soil, under logs and even in our compost! From 2 to 3 p.m. at Tilden Nature Center. 525-2233. 

Berkeley Historical Society Walking Tour “Piedmont Way” led by Paul Grunland from 10 a.m. to noon. 848-0181. www.ci.berkeley.ca.us/histsoc/ 

Bike Rodeo at San Pablo Park with obstacle courses and other activities from 10 a.m. to noon. 

Labyrinth Peace Walk at 3 p.m. at the Willard Community Peace Labyrinth, on blacktop next to the gardens at Willard Middle School, Telegraph Ave. between Derby and Stuart. Enter by the dirt road on Derby. Free and wheelchair accessible. Sponsored by the East Bay Labyrinth Project. 526-7377.  

Mindfulness in Education Join with educators, parents, students, and all those concerned with education in a mindfulness day of meditation, reflection, sharing, and inquiry about creating peaceful schools with heart. From 9:30 a.m. to 4 p.m. at St. John’s Presbyterian Church, 2727 College Ave.  

Spring Faire at Washington School from 10 to 2 p.m. at 2300 Martin Luther King Jr. Way. Join us for a community celebration co-sponsored by Healthy Start. Lots of fun activities for kids, health and education booths, food, music, and raffle. 486-1742. 

Walden Spring Fair from 10 a.m. to 5 p.m. at Walden School, 2446 McKinley Ave., corner of Dwight. Live entertainment, food, arts and crafts, and children’s games. 841-7248. 

Russian Festival hosted by The Berkeley Russian School from 1 to 5 p.m. at 1821 Catalina at Colusa. Concert featuring Sergey Podobedov on the piano, Yulia Ronskaya, soprano, Elena Stepanova, soprano, and art exhibition, dancing, drama performances and lots of Russian piroshkis & blintzes. Admission $5. 526-8892. 

Berkwood Hedge School Music & Art Festival from 1 to 5 p.m, 1809 Bancroft Way. Join us for an afternoon of musical performances, art exhibits, crafts, games and fine food and drink. Admission $3-$7. All proceeds benefit the Berkwood Hedge scholarship program.  

Community Block Party at 1 p.m. at 2824 Haven’s Court, between McArthur and Bancroft. Sponsored by Cultural Designs. 205-9331.  

Gardening with East Bay Native Plants from 10 a.m. to 2 p.m. Pre-registration required Class is held off-site. Cost is $15-$25, low-income spots by arrangement. 548-2220, ext. 233. erc@ecologycenter.org 

The Friends of the Albany Library Book Sale from 9 a.m. to 4 p.m. and Sunday from 11 a.m. to 4 p.m. For more information, or to volunteer for the sale, please call the Albany Library at 526-3720, ext. 5. 

The Berkeley Lawn Bowling Club Open House from 11 a.m. to 3:30 p.m. The public is invited come try lawn bowling at the greens, which are located at 2270 Acton, intersecting with Bancroft. For more information, please call Ray Francis at 234-6646. Berkeleylawnbowl@aol.com   

Satsuki Arts Festival & Bazaar with kotoist June Kuramoto and keyboardist Kimo Cornwell, taiko drummer Kenny Endo,and a variety of Japanese food, Asian arts and crafts, a silent auction and children's carnival games. From 4 to 9 p.m. and Sun. noon to 7 p.m. at Berkeley Buddhist Temple, 2121 Channing Way. 841-1356. http://home.pacbell.net/bsangha/ 

“Running for Office 101” a workshop to strengthen skills in political leadership and campaing management from 9 a.m. to 4:30 p.m. in the Peralta Community College District Boardroom, 333 East 8th St., Oakland, across from Laney Football Field. Cost is $75. 763-9523. www.bwopa.org  

Sweet Inspirations Auction and Dessert Reception to benefit Elizabeth House, a transitional residential house for women, at 7 p.m. at Holy Redeemer Center, 8945 Golf Links Rd, Oakland. Tickets are $25. 601-1213. 

Sacred Listening A workshop led by Leonard Levis and Nora Martos-Perry from 9 a.m. to 4 p.m. at Unitarian Universalist Church of Berkeley, 1 Lawson Road, Kensington. Suggested donation $45. 526-8944. 

Yoga for Seniors at the Berkeley City Club, 2315 Durant St., on Saturdays from 10 to 11 a.m. The class is taught by Rosie Linsky, who at age 72, has practiced yoga for over 40 years. Open to non-members of the club for $8 per class. For further information and to register, call Karen Ray at 848-7800. 

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. 

Dream Workshop on Saturdays, from 10 a.m. to noon at 2199 Bancroft Way. Cost is $10. www.practicaldreamwork.com 

SUNDAY, MAY 16 

“Shattering Myths in Palestine/Israel” a visual reportback from April Middle East Children’s Alliance delegation, at 7 p.m. at La Peña Cultural Center, 3105 Shattuck Ave. Cost is $10-$20 sliding scale, benefit Palestinian children. 849-2568. www.mecaforpeace.org 

“Working for Justice in a Time of Conflict” with Rabbi Arik Ascherman, director of Rabbis for Human Rights, at 7:30 p.m. at Berkeley Richmond Jewish Community Center, 1414 Walnut St. Donations welcome. Co-sponsored by Trees of Hope. 848-0237. www.brjcc.org 

“Jews Against Zionism” A new documentary by local film-maker Wendy Campbell, at 3 p.m. at the Parkway Theatre, 1834 Park Blvd., Oakland. Free, donations accepted. 814-2400. www.exposingisraeliapartheid.com 

International Women’s Writing Guild quarterly meeting at 3 p.m. at Cody’s Books on Fourth St. 559-9500. www.codysbooks.com 

“Spirit, Work and Money” a workshop with Tony D’Aguanno, from 1 to 5 p.m. at Berkeley Fellowship, 1606 Bonita. Cost is $45. Please RSVP to 272-9915. 

Guided Trails Challenge Hike in the Miller/Knox Regional Shoreline, from 10 a.m. to 1 p.m. Smack-dab in the heart of industry lies a peaceful shoreline. Climb the hills and learn the history of Rancho San Pablo, Ferry Point, and Botts’ Flying Machine. Meet in the first parking lot off Dornan Dr. near Pt. Richmond. Registration required 525-2233.  

Free Sailboat Rides between 1 and 4 p.m. at the Cal Sailing Club in the Berkeley Marina. Bring warm waterproof clothes. www.cal-sailing.org 

Parking Lot Book Sale from 11 a.m. to 3 p.m. at Spectator Bookstore, 4163 Piedmont Ave. Lots of books at really low prices. 653-7300. 

Satsuki Arts Festival & Bazaar with kotoist June Kuramoto and keyboardist Kimo Cornwell, taiko drummer Kenny Endo, and a variety of Japanese food, Asian arts and crafts, a silent auction and children’s carnival games. From noon to 7 p.m. at Berkeley Buddhist Temple, 2121 Channing Way. 841-1356. http://home. 

pacbell.net/bsangha/ 

Golden State Model Railroad Museum open from noon to 5 p.m. Also open on Saturdays and Friday evenings from 7 to 10 p.m. Located in the Miller-Knox Regional Shoreline Park at 900-A Dornan Drive in Pt. Richmond. Admission is $2-$3. 234-4884 or www.gsmrm.org 

Anxiety A free talk with Stacy Taylor at noon at Elephant Pharmacy, 1607 Shattuck Ave. 

Tibetan Buddhism with Lama Amdo on “Entering the Bodhisattva Path” at 6 p.m. at the Tibetan Nyingma Institute, 1815 Highland Pl. 843-6812. www.nyingmainstitute.com 

“Buddhism: Building Bridges of Understanding” at 7 p.m. a St. Cuthbert’s, 7900 Mountain Blvd. Reading materials available beforehand from StCuddy@aol.com 

“The Death of Progressive Education” with Dan Harper at 9:30 a.m. at Unitarian Universalist Church of Berkeley, 1 Lawson Rd., Kensington. 525-0302. 

“Eckhart Tolle Talks on Video” at 6:30 p.m. the Feldenkrais Ctr., 830 Bancroft Way. Donation $3. Potluck afterwards so bring food/drink to share. 415-990-8977. 

MONDAY, MAY 17 

Tea at Four Enjoy some of the best teas from the other side of the Pacific Rim and learn their cultural and natural history. Then take a walk to see nesting birds and flowering shrubs, from 4 to 5:30 p.m. at Tilden Nature Area, in Tilden Park. Registration required. Cost is $5 for residents, $7 for non-residents. Wheelchair accessible. 525-2233. 

“Effective Advocacy and Annual Lobby Day Preparation” a workshop from 4:30 to 7:30 p.m. in the Peralta Community College District Boardroom. 333 East 8th St., Oakland, across from Laney Football Field. Cost is $40-$60. 763-9523. www.bwopa.org  

Great Popular Fiction Book Group meets to discuss “The Birth of Venus” by Sarah Dunant at 7 p.m. at Barnes and Noble, 2352 Shattuck Ave. 644-0861. 

Dance Jammies, a multi-generational dance event from 6 to 9 p.m. at the Motivity Center, 2525 8th St. Cost is $9. 832-3835. 

Fitness for 55+ A total body workout including aerobics, stretching and strengthening at 1:15 p.m. every Monday at the South Berkeley Senior Center. 981-5170. 

Baby Yoga at 11 a.m. and Yoga and Meditation for Children at 2:45 p.m. at Belladonna, 2436 Sacramento St. 883-0600. www.belladonna.ws 

Berkeley CopWatch organizational meeting at 8 p.m. at 2022 Blake St. Join us to work on current issues around police misconduct. Volunteers needed. For information call 548-0425. 

TUESDAY, MAY 18 

Morning Birdwalk Meet at 7 a.m. at the parking lot on Golf Course Rd., just east of Grizzly Peak Blvd. 525-2233. 

Mini-Rangers at Tilden Nature Center Join us for an active afternoon of nature study, conservation and rambling through woods and waters. Dress to get dirty; bring a healthy snack to share. For 8-12 year olds, unaccompanied by their parents. Cost is $6, $8 for non-residents. Registration required. 525-2233. 

“Organic Pest Control in the Garden” with Jessica West, Landscape Consultant and U.C. Master Gardener. Learn how to rid your garden of pests without using toxic chemicals. Hosted by the Berkeley Garden Club at Epworth United Methodist Church, 1953 Hopkins St. Guests are welcome. Meeting at 1 p.m. and the free program at 2 p.m. 524-4374. 

Friends of Strawberry Creek will meet from 6:30 to 8:30 p.m. at the Berkeley Public Library Meeting Room, 2090 Kittredge St. Robert Charbonneau will speak on “Perspective, Past and Future on the Management of the Upper Strawberry Creek Watershed.”  

American Red Cross Blood Services volunteer orientation from 6 to 7:30 p.m. at 6230 Claremont Ave., Oakland. Sign-up needed 594-5165. 

Strawberry Tastings at Berkeley Farmers’ Market, Derby at MLK from 2 to 7 p.m. 548-3333. www.ecologycenter.org 

Organic Produce at low prices sold at the corner of Sacramento and Oregon Streets every Tuesday from 3 to 7 p.m. This is a project of BOSS Urban Gardening Institute and Spiral Gardens. 843-1307. 

“The Order of Genocide: Race, Power and War in Rwanda” with Scott Strauss, Dept. of Political Science, Univ. of Oregon, at 4 p.m., 652 Barrows Hall, UC Campus. Sponsored by the Center for African Studies. 642-8338. www.ias.berkeley.edu/africa 

“Disability Benefits and Advocacy,” a talk by Beverly Bergman, Advocate Specialist with Oakland’s Mental Health Advocates from noon to 2 p.m. at Herrick Campus of Alta Bates Medical Center, 2001 Dwight Way. Free. Sponsored by Berkeley’s Fibromyalgia Support Group. 644-3273. 

Phone Banking to ReDefeat Bush on Tuesdays from 6 to 9 p.m. at Cafe de la Paz, 1600 Shattuck Ave. Bring your cell phones. Please RSVP if you can join us. 233-2144. dan@redefeatbush.com 

“We Interrupt This Empire” video screening and discussion at 7 p.m. at Grand Lake Neighborhood Center, 530 Lake Park Ave, Oakland. Suggested donation $1, no one turned away. www.ebcaw.org 

East Bay Theology on Tap meets to discuss “Penance in a Culture of Death” with Fr. Tom Scirghi at 7 p.m. at 4092 Piedmont Ave. Contact Norah at St. Leo the Great 654-6177. 

St. John’s Prime Timers meets at 9:30 a.m. at St. John’s Presbyterian Church, 2727 College Ave. Cynthia Davis from Alzheimer’s Services will speak at 11 a.m. 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. 548-3991. www.berkeleycameraclub.org 

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.  

Goddess Grace Moving Meditation at 10 a.m. at Belladonna, 2436 Sacramento St. Cost is $7-10, bring a yoga mat or blanket. 883-0600. www.belladonna.ws 

WEDNESDAY, MAY 19 

UCB’s Long Range Development Plan at the Planning Commission at 7 p.m. at the North Berkeley Senior Center. Copies of the plan and the draft Environmental Impact Report are available at http://lrdp.berkeley.edu 

Gray Panthers at Night with a video of Mordechai Vanunu’s release from Israeli prison, discussion and light dinner, at 7 p.m. at 1403 Addison St. 548-9696. 

Street Skills Class for Cyclists A bicycle safety class for experienced and beginning cyclists, for bike commuters, for parents who bike with their kids, and for any cyclist who just wants to get around town safely. The classroom session is held on May 19 or 21 from 6 to 9:30 p.m. followed by an all-day on and off bike practical skills session on May 22. Cost is $20, pre-registration required, 549-RIDE (7433). Funding for these classes is made possible through a generous grant from the City of Berkeley. 

Palma-Soriano video presentation, from Berkeley’s sister city in Cuba at 6:30 p.m. at the South Branch Library, 1901 Russell St. 981-6260. 

“Hello Hemingway” a film about one of Cuba’s cultural icons, at 7 p.m. at Fellowship of Humanity, 390 7th St., Oakland. Donations accepted. 393-5685. 

“Israel’s Secret Weapon,” the US Campaign to Free Mordechai Vanunu, a video by the BBC, with commentary by Dale Nesbitt, Hal Carlsbad and Cynthia Johnson who welcommed Vanunu when he was freed from prison, at 7 p.m. at the Richmond Public Library, 325 Civic Center Plaza, enter through left of building. 236-0438. 

LUNA Kids Dance Fundraising Gala, with dance performances by LUNA students and alumni, silent auction, book signing by Patricia Reedy, and tour of Clif Bar Inc.’s unique offices hosted by owner and CEO Gary Erickson, at 7 p.m. at Clif Bar Inc., 1610 Fifth St. Cost is $100. 644-3629. nng@lunakidsdance.com 

Berkeley Communicators Toastmasters meets at 7:15 a.m. at Mediterraneum Caffe, 2475 Telegraph Ave. 524-3765. 

Berkeley Peace Walk and Vigil at the Berkeley BART Sta- 

tion, 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 meets 7 to 9 p.m. at the Jewish Community Center, 1414 Walnut, at Rose. 524-3034. 

Fun with Acting Class at 11 a.m. at the North Berkeley Senior Center. Free, all are welcome, no experience necessary.  

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

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. 848-0237. Ä


Wozniak Seeks Changes in Parking Enforcement

By RICHARD BRENNEMAN
Friday May 14, 2004

At a time when city government officials are scrambling around for money to close a continuing budget deficit, Berkeley City Council’s resident research scientist—Councilmember Gordon Wozniak—says he has looked into the budgetary returns on the city’s 23 parking enforcement officers and come to a conclusion: spend more time on meter enforcement and less time patrolling unmetered zones. 

“At some point you face the issue of diminishing returns,” Wozniak said of the city’s enforcement of the parking ordinance in unmetered areas. “I want to see some better analysis, but to issue a ticket in a residential area, the officer has to make two passes, one to chalk the tires and a second to check when the time’s up.” In addition to the double work—it only takes one drive-through to determine if a meter has run out—Wozniak contends that the chalking has an additional cost to the city: three enforcers have been out on disability this year. “They get carpal tunnel syndrome from chalking the tires,” the councilmember said.  

“The cost of one [parking] enforcement position, including the vehicle, runs about $100,000 a year,” Wozniak said, in explaining the budget figures behind his conclusion. But after the City Council authorized five more positions last year, he said that total revenues increased only six percent—less than the cost of the five new enforcers and their accompanying vehicles. 

Although parking enforcement officers are supposed to pay for themselves by the parking ticket revenue they generate, that might not be happening, Wozniak contends, because of a perennial Berkeley problem: broken parking meters.  

“It may be that what we need to do is hire more people to fix the meters,” he said. 

Interviews with city staff members reveal that Wozniak has a point—about the lost meter revenue, at least. Berkeley boasts 3,263 parking meters, 3,200 of them digital versions of the old standby one-meter-per-space Duncan Eagle meters. The remaining 63 are Aussie import Reino meters, each covering up to six parking spaces. 

The city’s meters yielded $1.9 million in coins in the last fiscal year, $700,000 short of the budgeted amount.  

Yes, “that’s because so many meters were broken,” said Capt. Stephanie Fleming, who commands the Berkeley Police Department’s Field Support Division, which includes parking enforcement.  

Assistant City Manager Peter Hillier said he expects the meters in the current fiscal year will increase, yielding about $2.3 million in coins. 

Meter breakdowns have become a staple of the Berkeley street scene and the source of relentless media coverage. Last year, a third of the city’s meters had been rendered inoperable—for the most part intentionally—said Wozniak, explaining that “people are constantly breaking and jamming them.” 

The city doesn’t keep figures on non-functioning meters as such—only on the numbers repaired, according to Danette Perry, Senior Public Works Supervisor. Perry said that 3,358 meters were brought in for repair or routine maintenance in last December, more than double the 1,446 recorded a year earlier. 

Hillier cited the numbers as “representative of the increased evidence which the city has placed on meter repair over the last year.”  

December 2003 was also when the city’s superintendent of parking meters retired, Wozniak said, noting that no replacement has been hired, even though “that person is very important for the city’s general revenue,” he said. 

Fleming agreed that the city should devote more effort to keeping the meters up and running. But while Hillier also acknowledges that meters need fixing, he disagrees with Wozniak’s contention that diminishing returns challenge the need for more enforcement officers. 

“I don’t think we’ve reached the threshold,” Hillier said. “There are areas of the city where enforcement is sparse because of lack of enough officers to provide adequate coverage.” 

Capt. Fleming said the city could use more men and women in those distinctive $20,000 Go-4 ticketmobiles. “In the mid-1990s,” she said, “there were 28 parking enforcement officers,” not counting two supervisors, “but the city cut way back—down to 18—in the interests of ‘kinder and gentler’ enforcement policies.” 

While the city now employs 23 enforcement officers—one currently on a year-long assignment with another city department—the number of Residential Preferential Parking zones has increased. “So we have a lower number trying to cover more territory,” Fleming said. 

Two positions are currently unfilled, and Fleming is considering creation of a temporary employee list to fill in for officers who are off due to illness, vacation, or disability. 

“Parking enforcement officers bring in about $200,000 each annually—four times their annual salaries,” Fleming said. 

Like Hillier, she challenged Wozniak’s contention that the city might be devoting too much of its enforcement effort to non-meter enforcement areas. “We’re trying to give as much enforcement as we can across the board, but we’re spread pretty thin.” 

Fleming did agree that chalking tires takes a lot more time that checking meters and leads to more physical problems, but she said it still produces a substantial net gain for the city coffers. And the captain disputed Wozniak’s claim that chalking leads directly to disability claims. Fleming said only one of the three disability claims filed by city parking meter enforcement officers last year was caused by arm and shoulder injuries from tire-chalking. The other two resulted from an Achilles tendon injury and an organic illness, she said. 

Even with its numerous problems, however, Berkeley’s parking enforcement program is a cash cow for the city’s budget. 

“We brought in $6.9 million from citations in the last fiscal year, $200,000 more than was budgeted,” said Capt. Fleming. 

Hillier said drivers who overstay the two-hour daytime limit in the city’s Residential Preferential Parking permit zones chip in $2.4 million in fines, and folks who do things like improperly park where curbs are red (no parking zones) yellow (commercial loading and unloading), white (passenger loading and unloading), or blue (handicapped), or leave their cars at bus stops, crosswalks, intersections and the wrong side of the street on sweeping days cough up another $2.2 million. The remaining $2.3 million comes from tickets issued for expired meters. 

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Residents Blast UCB’s Long-Range Expansion Plan

By MATTHEW ARTZ
Friday May 14, 2004

UC Berkeley is growing and so is the litany of complaints from neighbors demanding the university cease and desist its expansion. 

“They’ve been a horrible neighbor,” Berkeley resident Bennett Markel told a Tuesday night scoping session on the university’s Long Range Development Plan (LRDP). “I can’t imagine any official of the university standing up here and being proud of anything.” 

Markel was among some 25 citizens who showed up at the legally-required meeting on the university’s Clark Kerr Campus on Warring Street to blast the LRDP, the document that will direct new university construction on the campus and in city streets through 2020. 

The Draft Environmental Impact Report (DEIR) for the plan, released last month, projected 2,600 new dormitory beds, 2,300 new parking spaces, 5320 new daily visitors to the campus and 2.2 million square feet of new administrative space—three times more than called for in the campus’ 1990 LRDP. 

The university desperately needs the new administrative space, UC Berkeley Project Manager Kerry O’Banion told residents at the meeting. After absorbing several thousand new students over the past five years and concentrating much of its capital funding towards retrofitting older buildings, O’Banion said the university has a 450,000 square foot shortage of research space. 

The project manager asserted that three-quarters of the new construction would be built on the main campus or adjoining city blocks—not in far-flung neighborhoods as past plans had proposed. The concept, he said, would mirror that of a computer or biotech company which are “designed for spontaneous interactions” among employees.  

Neighbors expressed concerns that the main campus was essentially being transformed into an industrial park, but O’Banion said 95 percent of funding for new construction projects has come from public or non-private sources. 

He also said that the university, which is not bound to city zoning rules and doesn’t pay city taxes, was committed to following Berkeley’s General (zoning) Plan and paying its fair share for mitigating the problems its expansion was bound to cause. 

Although O’Banion has acknowledged neighborhood concerns that the realization of the plan would lead to more traffic congestion, he said that a lower rate of growth “would not meet the long term needs of the campus.” 

After O’Banion spoke, the neighbors took the floor and the critiques and demands kept on flowing. 

“It’s difficult for me to understand how a huge amount of taxpayer money can be put on top of the Hayward Fault,” said Raymond Mathis, an architect. Mathis, like many residents who spoke at Tuesday’s session, wanted to cap UC Berkeley growth and direct the new student growth to campuses with more expansion potential, such UC Davis. 

Dean Metzger, chair of the Berkeley Transportation Commission and president of the Claremont Elmwood Neighborhood Association (CENA), warned that Berkeley didn’t have the financial resources to pay for the extra demand for city services and set forth a list of demands. 

Metzger said he wanted the university to abide by a covenant with the city to limit the expansion of the Clark Kerr Campus, redesign transit routes for commuters, provide a free transit pass for faculty and staff, enforce rules prohibiting students in dorms from having cars, pay for parking meter maintenance, and prevent construction crews involved in the expansion from parking their trucks on residential blocks. 

Traffic was also a concern for Martha Jones, a former CENA president. Jones doubted a UC plan to help the city deal with traffic congestion by installing a series of traffic lights would benefit her neighborhood. “Although [the university] said they would help pay for the traffic lights, I must refuse their generosity,” she said. 

Others were more blunt. 

“What we have in this document is a road map for war,” said Jim Sharp, who lives just north of the campus. 

Philip Price, a city Parks and Recreation Commissioner and Lawrence Berkeley Lab employee, said, “The best thing they could do is just stop growing.” 

Dorris Willingham argued the university should only expand on its main campus instead of cramming itself into Berkeley neighborhoods. “You have to do a little bit more damage there before wrecking our lives,” she contended. 

One place neighbors were adamant that UC not expand to was the hill campus—home to the Strawberry Creek watershed. The only new development considered for the site is a 100-unit housing complex for new faculty members on Summit Road. 

Marge Madigan, who lives on that street, said her neighborhood couldn’t handle an influx of new neighbors, who could make it more difficult to evacuate in the case of an earthquake or a fire. “If we have to get out quickly a traffic light isn’t going to help a bit,” she said. 

For the most part, residents were skeptical that the university would address their concerns.  

“I think we know what we say here won’t make the slightest bit of difference,” said Sharon Hudson. 

By state law, the university must respond to all issues raised at the scoping sessions in a final Environmental Impact Report which will be sent to the UC Board of Regents for approval. 

The city, meanwhile, is studying the Draft EIR and planning simultaneous negotiations with the university to pay a higher share of fees for city services such as sewers and public safety. The City Council will consider the university’s plan at a May 25 workshop and again at its June 8 meeting.


Survey Boosts Funding for Berkeley Homeless

By MATTHEW ARTZ
Friday May 14, 2004

Forty percent of Alameda County’s chronically homeless spend their nights in Berkeley, according to detailed findings released Thursday from a county-wide homeless report. 

The $241,000 survey, conducted last year by the Alameda County-Wide Continuum of Care Council, found what casual observers and trained professionals in Berkeley have recognized anecdotally for years. Compared to their brethren across the rest of the county, Berkeley’s homeless are more likely to be adults, unmarried, male, substance abusers and mentally and physically disabled. They are also more likeley to be chronically homeless— a category the federal government defines as someone who has been without shelter for the past 12 months. 

Survey results will be used to drive the county’s 10-year plan to end chronic homelessness, said Megan Schatz, the care council’s survey coordinator.  

Completion and approval of the plan is a prerequisite for receiving funding from the Bush administration, which has refocused its priorities over the next decade from providing services to homeless to finding permanent shelter for the chronically homeless. 

Schatz said that despite the federal mandate on ending chronic homelessness, the Alameda County plan would study ways to serve the entire homeless population.  

“We’re working with behavioral health care services, mental health, the county office on AIDS to really plan for all people of extremely low income,” she said. 

Last November, Alameda County released broad demographic data compiled from the survey which, under federal definitions, counted 821 homeless people in Berkeley among 5,080 in Alameda County. Those numbers marked a decrease from previous estimates based on the 1990 census, which put the figure at between 1,000 and 1,200 homeless in Berkeley and between 9,000 and 12,000 countywide.  

Researchers believe last year’s survey underestimated the actual size of the homeless population because some homeless people do not use services and others are in jails, group homes, or mental institutions that were not part of the study. 

Survey organizers—funded by public and private donations—sent 155 trained community volunteers into 54 of the county’s homeless service centers to interview 1,461 patrons.  

The data released Thursday offers a far more detailed snapshot of Berkeley’s homeless population. 

Ninety-four percent of the city’s homeless population are adults, compared to 71 percent countywide. Of Berkeley’s 821 homeless people, 529 are labeled chronic—two-thirds of the city’s entire homeless population. Across the county, the chronically homeless account for only 36 percent of the population. 

The numbers are based on definitions provided by the Department of Housing and Urban Development (HUD). A separate standard also used by researchers counted 835 homeless in Berkeley, 786 of which were chronically homeless. 

The survey found that 80 percent of the homeless in Berkeley are men, compared to just 56 percent in Oakland.  

People with homes who qualify to use homeless services were also included in the survey and contrasted with the homeless population.  

Only 51.8 percent of the housed population who received services in Berkeley actually lived in Berkeley. Among the homeless, 78 percent of the service recipients slept in the city. 

Seventy-five percent of Berkeley’s homeless had reported being arrested compared to 62 percent of recipients with homes. 

In Berkeley, 47 percent of the service users are African American and 42.3 percent are white. However, the chronically homeless included more whites and fewer blacks. 

Seventy-seven percent of homeless service users in Berkeley and 55 percent of housed service users are disabled, compared to 56 percent and 42 percent countywide. Among the more common chronic conditions, 15 percent have been told they have asthma, 8 percent have been told they are diabetic and 11 percent have been told they have tuberculosis.  

Housed users of services in Berkeley were more likely to report learning disabilities (48 percent to 3.5 percent) and mental illness (44 percent to 38 percent). Homeless users were more likely to report disabilities due to alcohol abuse (14.5 percent to 3 percent) and drug abuse (9.2 percent to 3.5 percent). 

Among chronically homeless using services in Berkeley, 54 percent claimed to be alcoholics, 48 percent claimed to be drug addicts, and 40 percent claimed a mental illness. 

In Berkeley, 34 percent of the housed, 60 percent of the homeless, and 65 percent of the chronically homeless service users reported receiving mental health services in the last year. Homeless and chronically homeless service users were nearly twice as likely to receive mental health services as housed service users. 

Countywide, the total income for a homeless person averaged $727. Berkeley is noteworthy in that fully 36 percent of the service users—contrasted with 12 percent across the county—reported no income. Researchers attribute the finding to the fact that 91.5 percent of Berkeley’s homeless service users are single adults. 

Jane Micallef, a community services specialist in the Berkeley Housing Department, said the survey confirmed what the department already suspected, but that it could still be helpful. 

“With this quantity and quality of data, we can do program planning and policy in a way we’ve never done before,” she said. “Our sense is we need a more intensive, deeper type of service that people can access.” 

The city has already reoriented its resources towards helping the chronically homeless and combining social services with housing assistance.  

Despite the city’s budget shortfall, Berkeley government officials have pledged to maintain the level of funding to community agencies that serve the homeless. Of that money, City Manager Phil Kamlarz has shifted $168,000 from other homeless programs to fund an initiative that provides homes and intensive services for the chronically homeless. 

Berkeley would seemingly stand to gain from the Bush Administration’s pledge to end chronic homelessness, but Micallef said that so far, the federal priority hasn’t translated into a lot of money for cities. Still, she said, Berkeley’s disproportionately large percentage of chronically homeless could serve it well when it seeks federal grants. 

The city spends roughly $1.2 million and receives about $700,000 more in federal and state grants to maintain 250 emergency shelter beds and emergency support services like meals, showers and drop-in centers. The city and several community agencies also receive federal money to build new housing. The money has so far funded 93 units of transitional housing and 318 units of permanent supportive housing. 

 

 

 

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Confusion Surrounds University Avenue Zoning Plan

By MATTHEW ARTZ
Friday May 14, 2004

With less than a month left to decide how to shrink new buildings on University Avenue, city staff presented a highly detailed draft zoning overlay to the Berkeley Planning Commission Wednesday night that disappointed some commissioners and residents and left others scratching their heads. 

“We’re puzzled,” said Commissioner Gene Poschman. He joined the call for the staff to provide three dimensional models that could help provide a better view of how future buildings would look on the ground. 

Working off recommendations from the Planning Commission, Principal Planner Alan Gatzke presented new zoning rules filled with possible exemptions and incentives for developers that could keep the size of new buildings on the avenue a guessing game. 

“Only a land-use attorney or an Enron energy trader could love the latest draft because of the endless ways to game the gullible,” said Stephen Wollmer, a cartographer and Berkeley resident, who last month took his own stab at drafting a plan. 

If the latest plan is complex, so is the task before city planners. After repeated outcry from residents that new buildings on University were so tall and bulky that they encroached on adjoining neighborhoods, the City Council ordered staff to fastrack new zoning rules that conform to the 1996 University Avenue Strategic Plan.  

The strategic plan called for building heights of three stories along the avenue (with four stories allowed at selected intersections targeted for retail development), but it never contemplated a state law that Berkeley developers have used in recent years to blow through those limits.  

For buildings that include affordable housing, the state law allows them to build 25 percent more space than allowed under zoning requirements. Residents have argued the rule inevitably results in buildings too big for their surrounding neighborhoods. 

After months of debating an acceptable building envelope to constrain the size of developments, the debate Wednesday shifted to what types of projects would be exempt from the restrictions and what types of incentives developers would receive for improvements to retail spaces and sidewalks. 

The staff provided an extensive list of exemptions for projects that would be free from zoning rules, but no restrictions on how massive those buildings could grow. 

“This creates all sorts of loopholes,” said Plan Berkeley’s Richard Graham, who labeled the draft “a horrible setback.” 

Among the types of projects that would qualify for a waiver include public buildings such as a library or a school, a housing project with 50 percent affordable units, a senior housing project, a project that complies with environmentally friendly building standards, a project that includes 50 percent more retail space than required by the city, and a project that includes more commercial parking than required. 

The language set off alarm bells for residents and commissioners. Of the four buildings in the pipeline for University Avenue, two are more than 50 percent affordable. The largest plot on the avenue is the adult school owned by the Berkeley Unified School District, which has signaled its intent to redevelop the property. 

City Planning Manager Mark Rhoades promised to return with guidelines for the exempt properties. “We’re not talking about 10-story buildings. That was never the intent,” he said. 

The issue of incentives for developers also proved controversial.  

Principal Planner Gatzke laid out a menu of improvements to retail space and pedestrian amenities that developers could make in return for increased building size. The incentives included public plazas, setbacks for wider sidewalks, light fixtures, courtyards, and flexible ground floor space that can be converted to retail uses. 

Wollmer charged that some of the incentives were not proportional to the improvement offered and amounted to a giveback to developers.  

The slew of exemptions and incentives also raised concerns that the zoning overlay was becoming too complicated for its own good. 

“The goal of the process should be understandable standards,” said Robin Kibby also of Plan Berkeley. “You shouldn’t have to schedule an appointment with a zoning officer to understand development on University Avenue.” 

Although it wasn’t debated, the latest draft didn’t include a proposal from Commissioner Susan Wengraf that would have reduced the allowable size of buildings. The goal of Wengraf’s plan was that even when developers used the 25 percent density bonus for buildings that included affordable housing, the project would not balloon larger than what was called for in the strategic plan. 

Gatzke said the Wengraf proposal would produce minimum building sizes too small to be within the spirit of a state law that prohibits a city from diminishing its development capacity. 

The current recommendation from staff would allow developments that could grow bigger than the standards in the zoning ordinance when the state density bonus was included. Gatzke said the increased size could be accommodated by an extra floor along the street frontage of the building. Under his calculations, with a density bonus, a three-story building would become four stories and a four-story building in one of the intersections targeted for retail would become five stories. 

City staff is charged with coming back to the Planning Commission in two weeks with written responses and recommendations based upon concerns raised at Wednesday night’s meeting. 

 




Briefly Noted

Friday May 14, 2004

Reddy Family Restaurant Loses Liquor License 

The tap has run dry at the Indian restaurant owned by Berkeley’s most notorious real estate dynasty. 

Last month the State Department of Alcohol Beverage Control (ABC) suspended the liquor license for the Pasand Madras Cuisine and Gift at 2286 Shattuck Ave. for 270 days on grounds of “moral turpitude.” 

The restaurant is owned by the family of Lakireddy Bali Reddy, who is serving his third year of a 97-month sentence for his role in a family plot to smuggle Indians into the country for sex and cheap labor. 

Alcohol licenses are forbidden to people who plead guilty to certain federal crimes, said ABC District Administrator Andrew Gomez.  

In addition to Reddy, the other licensees listed at the restaurant were Reddy’s brother, Jayaprakash Lakireddy, and his sister-in-law, Annapurna Lakireddy, each of whom pled guilty to once count of conspiring to commit immigration fraud in connection with the family’s illegal activities. 

The suspension runs until Jan. 8, 2005. As part of an agreement reached between the Reddy’s and ABC, the agency will allow the family to transfer the license to a trust for the Reddy children managed by family members. Reddy, his brother and sister-in-law are prohibited from having any future ownership or managerial stake in the restaurant. 

They will not be able to apply for another ABC license for a “rehabilitation period” that typically lasts seven years, Gomez said. 

State Colleges Heads Make Private Budget Deal With Governor 

Over the howls of state Democratic Party lawmakers, the heads of the University of California and California State University systems reached a six-year deal with Gov. Schwarzenegger this week that promises to offset this year’s budget cut with increased funding in future years. 

The compact, announced Tuesday, calls for a three percent annual increase in state funding for salaries and other cost increases through 2006-7, and a four percent increase thereafter. Starting in 2005-06, the state would also provide annual funding for an additional 5,000 students at UC and 8,000 students at CSU. 

UC estimates it will have to enroll 60,000 new students by 2010 to meet the requirements of its master plan to accept the top 12.5 percent of state high school students. Because of the state’s budget shortfall, this year will be the first that UC and CSU fail to enroll all qualified students. 

The college/governor agreement also softens the immediate impact of student fee increases, proposed in the governor’s budget last January. Instead of a 40 percent hike for UC graduate students this coming fall, they will be hit with a 20 percent hike with a 10 percent increase in 2005 and 2006. 

Assemblymember Loni Hancock (D-Berkeley) joined a chorus of Democratic Party colleagues in criticizing the agreement for not providing enough money for state universities. “The governor has gone over the heads of the Legislature to make this deal. I hope Californians will do the same and go straight to the governor with their outrage,” Hancock said in a prepared statement.


Artists Challenge Proposed Animal Shelter Location

By RICHARD BRENNEMAN
Friday May 14, 2004

When the five-member Berkeley City Council Subcommittee on the New Animal Shelter and the Citizens Humane Commission sat down at their joint meeting Wednesday afternoon with the Berkeley-East Bay Humane Society to discuss the future of animal care in the city, nobody expected a catfight. They got one anyhow. 

A group of anxious artists used the session to challenge both the city and the Humane Society over the fate of the building that’s been home to the Nexus Gallery and Collective for more than two decades. 

The key problem for the artists is that they fear the Humane Society, which owns the building in the 2700 block of Eighth Street, plans to tear it down to make way for an enlarged animal shelter facility 

“We’re scared because we got a call that Mayor Bates wants to do a walk-through of our building next week,” said Sharon Siskin, a Nexus artist. Our landlords are not telling us what’s going on.” 

With both the animal shelter and the humane society facilities running out of room, Berkeley is under pressure to start using the bond money voters authorized for construction of a new shelter large enough to combine both functions. 

“We are very interested in the opportunity to work together with the city,” said Mim Carlson, executive director of the Humane Society. “Having two separate shelters does not serve the needs of this community.” 

“We’re in a time crunch,” said Jill Posener, chair of the city’s Humane Commission. “We have to push for some kind of joint working group to start this process rolling. My preference is that we include members of the arts community. While the shelter will hopefully be built in West Berkeley, there shouldn’t be a conflict between animal lovers and art lovers.” 

Posener said she was worried that the city was looking at sites of 20,000 square feet or less for the new shelter, “which would preclude a joint facility” with the Humane Society. “We have a bond fund of $7.2 million and we don’t even have cleaning staff for the shelter. Animal control officers are doing the cleaning.” 

Bob Brockl of Nexus faulted Posener and the city for rejecting other sites, increasing the pressure on Nexus, which houses work space for 25 artists and crafts workers in an unreinforced masonry building which the city has tagged for either a seismic retrofit or the wrecking ball. 

With two years left on their lease and no commitment for a renewal from the Humane Society, Nexus is reluctant to shell out the six-figure retrofit costs—which Brockl and Siskin said the group would be happy to pay in return for a long-term lease. 

Dan Lambert, city coordinator for unreinforced masonry retrofits, said the structure—built in 1924 by the Austin Company of Cleveland (builders of the Heinz Building at Ashby and San Pablo avenues)—had already received two retrofit extensions, and a third couldn’t be issued unless a building permit was filed.  

“We feel very sympathetic to nonprofit organizations, but we have to treat all owners the same way. There’s not a lot of time left from out point of view.” Lambert said. 

Posener said she regretted turning down one site near the Bayer facility because she didn’t want to relocate near a company conducting on-site animal experiments. She rejected another site at 925 Camellia because the site was across from a residential neighborhood and the existing structure required demolition. 

Under the West Berkeley Plan, anyone “demolishing space used by artists is required to replace it with similar space and similar rents. 

Councilmember Dona Spring said she’d heard from a Nexus artist who didn’t like the idea of tearing down their building and setting them up on top of a new animal shelter, an idea that’s been floated by the Humane Society. 

“Having a wood shop anywhere but the ground floor doesn’t make sense,” Brockl said after the meeting. “And we’ve already put $100,000 into roof work.” 

The joint subcommittee/Humane Commission meeting did end on one positive note when a motion by Councilmember Betty Olds carried, establishing that the city favors working jointly with the Humane Society on humane issues. 

That resolution and other issues will be taken up at the next meeting, scheduled for 4 p.m. June 2 in the sixth floor Redwood Room at City Hall. 

After the meeting ended, one member of the Humane Commission muttered, “People are telling me they won’t show up for another meeting if those damn artists are there again.”


Police Blotter

By RICHARD BRENNEMAN
Friday May 14, 2004

Heisters Flash Piece, Grab Cash 

Two angry young men, one packing a pistol, braced a hapless pedestrian near the intersection of Stuart and Fulton streets shortly before 3 a.m. last Friday, relieving him of his cash before fleeing on foot, according to Joe Okies, the new Berkeley Police spokesperson. 

An hour later, another pair of bandits, one wearing an mask and both equipped with strong arms rather than pistols, relieved another pedestrian of his cash near Milvia Street and Channing Way. 

No suspects have been arrested in either crime. 

Eight hours later, another strong-arm artist was less fortunate after he plied his craft at the Walgreen Drug Store at San Pablo Avenue and Burnett Street. 

Police arrested Geoffrey Murihai, 27, on a charge of robbery and provided him with new accommodations at Berkeley City Jail. 

 

Strong-Arm Trios Strike, Burglar Loses Bigtime 

Three young men approached a woman on Dwight Way at Warring Street a half hour after midnight Saturday night, stealing her purse before fleeing into the night. 

Another man was less fortunate three hours later when a baseball-bat-and-knife-weilding trio confronted him at Bancroft Way and Fourth Street. After imparting minor injuries, they departed with his cash. 

Police have made no arrests in either case, said Officer Okies. 

Another alleged bandit strong-armed his way into the strong arms of the law Saturday night during an attempted heist of Tower Records at Durant and Telegraph. 

Police arrested Kaidi Cluchette, 25, shortly before 11 p.m. on charges of robbery and assault on a police officer, charges rendered more serious because of a prior theft conviction. 

 

Melee Ends in Injuries 

Barely 80 minutes after the Tower Records caper, officers were back at Telegraph and Durant, responding to reports of a melee. 

By the time they arrived shortly after 12:13 a.m., the five-on-five fracas had ended and nine of the participants had ankled it outta there, leaving one of their number nursing injuries serious enough to require a trip to the hospital. 

No suspects had been identified, and no further details were available, said Officer Okies. 

 

Angry Pedestrian Jailed for Bashing Cop 

A Berkeley police officer got more than he counted on early Sunday evening when he questioned a pedestrian at Sacramento and Oregon streets. So did the pedestrian. 

After the irate walker landed a punch, the officer subdued him and gave him a free ride to the city lockup. 

Danduval Hartwell, 46, was booked on charges of assaulting an officer, interfering with a police officer, and violating the terms of his probation from an earlier conviction. 

 

Robbers Take Note, Hit Berkeley Banks 

Note-toting bank robbers struck three times in Berkeley last Wednesday, said Officer Okies, but failed on their first two efforts. 

The first heist attempt came shortly after 9 a.m. when a man walked into a bank at Vine Street and Shattuck Avenue and presented a note demanding the teller fork over the cash. 

When the lucre wasn’t forthcoming, the frustrated robber fled. 

The next attempt took place shortly after 1 p.m., when a pair of would-be robbers ambled into a bank at San Pablo and University avenues and presented their withdrawal demand, leaving after they realized that no one was rushing to dish out the dollars. 

The third time proved the charm. Two bandits walked into a bank at College and Ashby avenues, asked for money, and a teller complied. 

Officer Okies said robbery detectives hadn’t released any details of the crimes nor any detailed descriptions of the would-be and actual perps. 

e


Tireless Music Man Awarded Teacher of the Year

By JAKOB SCHILLER
Friday May 14, 2004

According to retired Berkeley music teacher Jesse Anthony, “Music is the language that has the most possibilities of communication. There is no language that communicates better than music. That language, it goes deeper that what we can create in word, it gets to the heart and soul of people, it communicates feelings on that level. One soul can talk to another soul with music.” 

For Anthony, music has been the soul of a 34-year career with the Berkeley public schools, where he has taught band to elementary, junior high and high school students. Earlier this week, those efforts were formally recognized when Anthony was awarded the prestigious teacher of the year award from the Bay Area’s classical radio station, KDFC. 

“He is tireless in his efforts to keep music alive in the schools,” wrote community member Carrol Carpenter in the short essay she wrote to KDFC to nominate Anthony. “He rallies his co-workers, parents, administrators, and has been an advocate to school boards over the course of his years of service to keep music in the schools. He is an inspiration to all who know him.” 

“I’m thrilled for him. I think he is probably our most tireless champion in terms of the value of music for students,” said Suzanne McCulloch, visual and performing arts coordinator for the Berkeley Unified School District. 

Until he retired last year, Anthony spent years commuting between different Berkeley schools, ensuring that as many students as possible were exposed to music. At times he has visited as many as six schools in one day. Through budget cuts and hard times, Anthony said he has been committed to ensuring that music and the arts in general are a universal and regular part of the curriculum, just like math or science. 

“We would not have the trouble we have if the arts were really pushed,” said Anthony. “Art occupies your mind, it gives you value. Music empowers, the students become aware of their ability to create.” 

Outside of teaching, Anthony has sat on committees, lobbied the school board, and raised funds to ensure the Berkeley school’s music programs survive during financial slumps. Even today, though officially retired, he still teaches the seventh and eighth grade band at Martin Luther King Middle School five days a week. Anthony has seen generation after generation of musicians develop at the schools, and has helped some of the more famous Berkeley students during their formal years. His band at King, for example, has always been a feeder for the renowned and award winning Berkeley High Jazz Band. 

“There is nobody quite like Mr. Anthony,” said Nate Schneider, a seventh-grade trumpet player at King. “He’s had a big influence on me.” 

Schneider gained notoriety last year when he collected over $300 as a street musician as part of his community service obligation before his Bar Mitzvah. He donated all the money to the Berkeley schools to try and ease the current budget crisis. Schneider and a friend also provided musical entertainment during the Berkeley Public Education Foundation annual luncheon, where he honored Anthony for his help. 

Schneider said Anthony’s commitment to providing students the opportunity to hear and play music with a band five days a week has been a tremendous help. He also credits Anthony for helping him build a passion for jazz, the main diet for the seventh and eighth grade band. 

“People take what he does for granted, but he’s helped a couple generations of students, so I thought he should be honored,” said Schneider.  

Anthony said he grew up at a time when it was hard to get access to music lessons. He was born in Newport, Arkansas, and quickly joined the army at 18 in order to play in their band. He ended up getting his masters degree in music. 

Along with the award, which will be formally presented on May 27 at the school’s end of the year concert, is a $1,000 grant that KDFC will give to the school. Anthony hopes to use it to help pay one of several volunteer assistants who come into his class and help out with the 51 students in the seventh and eighth grade band.  

On Friday, which is a non-obligatory day for the band students, but instead an opportunity for those who need more help to come in, Anthony will be in the band room working with the students. As part of an incentive, he’ll have donuts, which he buys out of his own pocket. Regardless of how many students show up, Anthony said he is there to help. 

“I have a theory,” said Anthony. “As long as kids are excited, then now is the time to get a hold of them.” 


Commission Denies Landmark Status to Amos Cottage

By RICHARD BRENNEMAN
Friday May 14, 2004

After nearly two hours of pleas and discussion, the Berkeley Landmarks Preservation Commission Monday night denied a request to bestow “structure of merit” status on the Amos Cottage, built the year Berkeley became a city. 

The effort to save the modest, 1878 Italianate Victorian home at 2211 Fifth St. was spearheaded by neighbor Stan Huncilman, a sculptor who lives in another Victorian a few houses away. 

“This house is as old as Berkeley,” Huncilman told commissioners. “This is not about its present condition or the costs of renovation but about the preservation of the history of Berkeley.” 

Sally Sachs, board member of the Berkeley Architectural Heritage Association, presented petitions signed by 150 participants in last Sunday’s tour of Berkeley Victorians calling on the commission to spare the house. 

“It’s important to save examples of working class cottages as well as Victorian mansions,” said Stephanie Manning, who lives in another Italianate Fifth Street cottage a block to the north. 

But the preservationists launched their campaign only after the city’s Zoning Adjustment Board had approved demolition of the house to make way for a six-unit residential complex on the site. 

Architect Timothy Rempel, who owns the property with spouse Elizabeth Miranda, appeared to argue against preservation. 

“Given the dilapidated condition of the structure and its lack of exterior or interior integrity and low historical value, we want to replace it with needed housing,” Rempel said. “Six families will be able to live where one does now.” 

“You make a sham of what cultural value means,” declared Miranda. “The building doesn’t have merit.” 

Though 11 citizens spoke in favor of saving the structure, 14 rose to denounce it—many of them architects and computer graphics artists. Rempel had also collected pro-demolition letters from professors of architecture. 

“People who live in the neighborhood say the building should stay, and people who work there say it should go” said contractor Richard Schwartz, author of Berkeley 1900 and a proponent of sparing the structure. 

While the humble structure lacks the majestic grandeur of some of Berkeley’s better-known Victorians built for bankers, merchants, developers and university officials, supporters of the landmark designation cited the dwelling’s significance in the history of working class Berkeley. 

The dwelling is a block south of other Victorians incorporated in the new Sisterna Historic District 106, created by the commission three months ago. Only one home in the district is older than the dwelling at 2211 Fifth St. 

West Berkeley offered a haven to immigrants from Ireland, Mexico, Chile and Germany, who provided the labor to keep the neighborhood’s soap factory, planing mill and grist mill working. 

Mary Amos, a native of New York, had been widowed less than two years when she built the home for herself and her two young children.  

A later owner, James Balcom, worked as a teamster for the Standard Soap Company, one of the first industries to set up shop in West Berkeley. Another owner had worked as a miner before hiring on to drive a team for Standard Soap. 

Two later owners bore Hispanic surnames, and the last owner ran a small doll factory in the basement. 

Preservation proponents pointed to the building’s uniqueness as a home built by a single woman—a considerable accomplishment in an era when women were effectively second class citizens with few rights. 

When it came time for the commission’s debate, Leslie Emmington, who moved to give the cottage protection as a structure of merit, said the building “can shine with history.” 

But Adam Weiss said it “wasn’t reasonable” to “landmark something when it no longer has integrity. We should focus on buildings with enough elements still present.” 

The call for landmark designation failed on a 5-4 vote..


UnderCurrents: Rethinking Assumptions About Oakland’s Violence

J. DOUGLAS ALLEN-TAYLOR
Friday May 14, 2004

For a city whose fate and future is so bound up in violence, Oakland is remarkably ignorant of the nature of that beast. Oh, the street people hanging out in the ‘80s and ‘90s along International pretty much know what to do when someone is stepping around the corner to pop their trunk, and scatter well ahead of time. That is why you rarely hear of street people getting hit by stray bullets. The young folks, too, tend to know in advance when things are about to turn ugly, and why. But Oakland—official, acknowledged Oakland, anyhow—does not pay much attention to the opinions of our young people. And as for the street people, well, we do not pay any attention to them, at all. 

And so, in the aftermath of the recent, narrow defeat of Measure R (Councilmember Nancy Nadel’s violence prevention initiative), Oakland—the Oakland that we pay attention to, that is—has renewed an intense debate over the cure of the disease (should we have 80 percent police and 20 percent social programs? how much of our police force should be “community” police?), as if the cause of it had already been settled. Meantime we move forward—without much thought—in the direction that helped bring about the current problems in the first place. 

We learn—first from a Tribune column written by Brenda Payton and then from the website at www.carnaval.com/carijama/—that for fear of violence, Oakland has moved the annual Carijama Festival to Frank Ogawa Plaza, an act of civic stupidity that deserves more attention than it has been given. Not Carijama. Moving it to Ogawa Plaza. 

Every Memorial Day for two decades, Carijama was put on by a private organization at Mosswood Park, on the cusp of North and West Oakland. The festival is a blend of Oakland’s Caribbean, African, and African-American cultures, a family affair where thousands of citizens come out to barbecue, lay on blankets on the grass, dance, watch the parades and colorful stage performances, or make their purchases among the various vendor booths. The festival itself always goes off without any trouble, and why should one expect any? 

For the past two years, however, problems have occurred in the early evening hours, just as the festival was breaking up. Everyone—Carijama organizers, police representatives, and festival participants—have agreed that the troubles have emanated from young people who did not attend the festival, but were drawn to the Mosswood Park area late in the day by the large crowds. Whatever the causes—and it is interesting that, as usual, Oakland seems to have had no official investigation into the causes—the last two years have seen incidents of violence which have had to be broken up by police intervention. What kind of violence remains vague. In 2002, a friend told me she believed that everything stemmed from a fight between a couple of girls, followed by a stampede by people who rushed over to observe, and finally a panicked scattering as police rolled in to break up the crowd. In 2003, it may be that having heard from the year before that “something happens” at the end of Carijama, some folks came out late to see that “something happening,” leading to a self-fulfilling prophecy. It’s not clear.  

In any event, like the man who declares his VCR broken because it won’t turn on, we have chunked Carijama out with the trash without first checking if, perhaps, the solution to the problem might be as easy as putting the plug back in the socket. 

For some time now, we have heard three distinct pronouncements from young adult black-and-brown Oaklanders (defined, for these purposes, as Latinos and African-Americans between 16 and 24): 1) that there is little in Oakland, presently, for them to do; 2) ; that most of their attempts to gather peacefully and socially are actively discouraged by official Oakland; and 3) that the vast majority amongst them (95 percent? 98 percent?) are far more opposed to violence than anybody else, since it is they who are most likely to be its victims. These attempts at communication have been generally ignored by Oaklanders in general as we go about deciding city policy, particularly in stemming Oakland’s violent tide. 

For a time, young black-and-brown Oaklanders attempted to organize their own gatherings in vacant parking lots—in the form of what is commonly called “sideshows”—but we broke those up, criminalizing them, driving them into the street, and then driving them out of town, before ever trying to figure out if there might be something useful, there. For the longest, the youngsters begged us to help them in setting up officially sanctioned, safe-and-legal sideshows where they might show off such car-maneuvering skills as sliding and doing donuts, all the time allowing the city to profit-financially-from the exercise. We flat out ignored them and, for the time, being, they seem to have stopped asking. 

Meanwhile, flipping channels, one pauses at the Discovery Channel to find that in locations far, far from Oakland, a group of our more fair-skinned friends (some with British accents) have set up an officially sanctioned, safe-and-legal circuit where—is anyone surprised?—they charge money for people to come in and see them show off such car-maneuvering skills as sliding (they call it drifting) and doing donuts. And so what Oakland creates and then discards, others cash in on. 

Oakland moves Carijama to the sterile Frank Ogawa Plaza, removed from the community where it was born, and one hopes that this will not be its death-knell, but one is not hopeful. Even the dullest amongst us can recognize the parallels to the late, lamented shining jewel that was the Festival at the Lake, which we assassinated under similar circumstances. In our zeal to keep the violence out, we have failed to consider that perhaps this, itself—this policy of deliberate exclusion of large segments of our community—is what allows such violence to simmer. To fester. To grow. 

A rethinking of our assumptions—and then our priorities—appears, once more, to be in order.›


Letters to the Editor

Friday May 14, 2004

PROPOSED BUDGET 

Editors, Daily Planet:  

The city manager’s “Dear Berkeley Neighbors” letter, dated April 2004 (delivered to my mail box May 10), contains the comment that “Over 70 percent of the fiscal year 2005 General Fund budget will go toward services and programs such as public safety, street and sidewalk repairs, quality programs for youth and seniors, and health services.” Of course, no details are given. 

However, his proposed budget for 2005 (dated May 4) shows (pages 20 and 21) that Public Works derives a whole $802,849 from the General Fund. It is strange that his April letter implies that Public Works is a major user of this $104,081,724 fund. A major user which accounts for less than 0.7 percent! 

The basic fact is that essentially none of the General Fund (property tax) goes to maintain the streets, sewers, storm drains, sidewalks, or buildings of our city. In the complex manner that the budget hides details, there are General Funds that go to capital improvements, but in reality much of this is for deferred maintenance—an unpublicized, steadily growing financial albatross. 

John P. Piercy 

 

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UC TAX EXEMPTIONS 

Editors, Daily Planet: 

Kudos on the first part (“City Tax Burden Skips UC Properties,” Daily Planet, May 11-13) of Richard Brenneman’s two-part piece. 

Here are some numbers to augment that Page Nine photo of the UC Berkeley Extension International Center at 2222 Harold Way. 

Back when the addressee was the Armstrong School of Business, according to the County of Alameda 1995/96 Assessment Roll of Secured Property, that parcel (57-2027-4) generated $24,735.76 of tax liability. 

Flash forward to the 1998/99 Assessment Roll. Armstrong Properties Inc. of Davis is now the addressee and the tax liability has shrunk to $836.42.  

Five fiscal years later, in the 2003/04 Assessment Roll, the parcel generates $851.58. 

Conclusion: UC’s tax exemption at 2222 Harold Way costs Alameda County approximately $23,900 each year in lost revenues. 

Jim Sharp 

 

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RENT BOARD 

Editors, Daily Planet:  

I am writing to express my concern regarding John Koenigs-hofer’s opposition to the Rent Stabilization Board (“Kill City Rent Control Panel, Fatten City Coffers, Build Needed Housing,” Daily Planet, May 11-13). 

Mr. Koenigshofer and I share a common goal: to develop more affordable housing for residents who need it. However I strongly disagree with his approach in achieving this goal. 

While our city faces a fiscal crisis, ending the Rent Stabilization Program would be a disastrous move. 

The Rent Stabilization Program is funded by annual registration fees for units covered under the ordinance, rather than public funds. 

It appears Mr. Koenigshofer does not realize that rent control is Berkeley’s largest affordable housing program. 

By keeping rent levels low, low income residents will have greater access to affordable housing. 

One of the main accomplishments of the Rent Board recently has been defending rent control and the rights of tenants in Berkeley. 

Means testing is a ridiculous idea. Housing is a basic human right, and there should not be restrictions on access to rental housing. 

The Rent Board is also established to protect the rights of tenants. Most landlords illegally inflate rents and compromise the rights to tenants. It is important that these people be held accountable and that tenants are protected from unjust evictions. 

Unfortunately Costa Hawkins has weakened rent control. However it is more of an example of why the Rent Board is so important, to protect the rights of tenants, and preserve the affordable housing supply. 

Mr. Koenigshofer implies that rent control resulted in the housing crisis. Costa Hawkins and excessive rent levels lead to the lack of housing in Berkeley. 

I must disagree with his comments. Now more than ever, we must keep the Rent Stabilization Board. We need to expand its outreach and address rental housing habitability. To create more affordable housing, we need the Rent Board. 

Jesse Arreguin 

Director, ASUC City Affairs Lobby and Housing Commission 

 

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DISASTER WARNINGS 

Editors, Daily Planet:  

Our city is at risk of a number of specific disasters, and our local government and concerned community groups are working together to minimize the effects of them. A three-pronged warning/ 

advisory system is being worked on. The first warning system is radio—1610 AM. The second is phone—a “reverse 911” system. The third is sound—warning sirens. Each warning method targets specific audiences, and it seems clear that the sirens will quickly alert the greatest number of people. The AM radio station is not listened to consistently in non-emergency times, and reverse 911 calling has an upper limit on the number of calls/minute possible. Warning sirens, which by definition must be loud, catch the attention of people outside (on sidewalks, in cars, in parks) and of many people inside, depending on the number of open windows, screen doors, etc. It is also not dependent on English or Spanish fluency. Once an alert is sounded, residents and visitors will be able to shelter in place and tune into 1610 AM or other emergency broadcast sources, and lives will be saved. 

An airborne siren would alert everyone in the danger zones to take shelter immediately and to tune into emergency broadcasts for more information. Hundreds and perhaps thousands of lives would be saved.  

Richard White wrote a letter detailing a chemical spill involving a freight train last week in these pages. Freight train accidents are commonplace in modern America, and when we add in the various other potential disasters specific to the Bay Area—from radioactive lab emissions to the impending earthquake to the inevitable wild fires to terrorist attacks- being prepared makes sense. When we can react quickly to a disaster via one of these alert systems, we save our lives and the lives of our loved ones, our neighbors, and our visitors to our city. We must put aside momentary annoyance at the loudness of the siren and instead understand that this awful noise is potentially our salvation. Oakland, Richmond, and the UC Berkeley campus recognize this- the rest of Berkeley should have the same chance of survival as those of us who happen to be on campus when the next disaster strikes. 

Jesse Townley 

 

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Editors, Daily Planet:  

Like Kevin Powell (“Cars? In Berkeley? Not a Bad Notion!” Daily Planet, May 11-13), I too am a bemused observer of Berkeley’s parking wars. In a city with the world’s highest per capita of “No war for Oil” bumper stickers, and a place where nobody would ever dream of building a nuclear power plant or toxic waste incinerator, there is yet a small but vocal minority who would have the city build parking garages and suffer all the tons of toxic air pollution generated. 

However, one need not be a car-free Luddite to see that parking garages are not particularly economic or realistic given today’s astronomical property costs. Parking is a low-value proposition compared to other land uses and not something a developer who cares about return on investment would like to build. This leaves only the city to construct parking “improvements” at a time when it is making drastic cuts to the budget and when there are far more cost-effective ways for growing the economy. 

And even if the city had the money and willingness to further subsidize automobile use, plentiful parking is hardly the panacea Mr. Powell seems to think it is. For every Ikea success, there are any number of commercial failures—El Cerrito Plaza and Tanforan for example. Indeed, a glut of parking and direct freeway access has not helped either downtown San Jose or Oakland revive their moribund economies. Mr. Powell cites Palo Alto’s sales tax returns, but fails to mention that its two new $25 million downtown parking garages did not generate more customers as both sit more than half-empty. 

Eric McCaughrin 

 

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Editors, Daily Planet:  

The articles: “Cars? In Berkeley? Not a Bad Notion!” and “Remembering Wendell Lipscomb” in the May 11-13 Daily Planet provide an interesting, and depressing, counterpoint to each other. In the first article, Kevin Powell paints a glowing picture of how adding downtown parking will produce a “vibrant” downtown Berkeley, and “bountiful municipal revenue.” The second article paints a touching portrait of a man who will never see Mr. Powell’s beautiful vision, as he was recently run over and killed by a motor vehicle. 

You can’t scrape old paint off your house. You can’t carry a nail file on a plane. Forty thousand people a year are killed in motor vehicle accidents, and Bangladesh may literally disappear if predictions about sea level changes from global warming are correct. We clearly need more parking. 

Actually, I would have less objection if the city, or some savvy developer, wanted to put in a near-downtown lot with the expectation of making money. What I appear to be hearing instead is an objection to developers who for some obscure reason don’t want to put in parking. Do they know something Mr. Powell doesn’t? 

Robert Clear 

 

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Editor, Daily Planet: 

I must object to the pro-car slant your opinion section has picked up these past few issues. Motorists seem to feel threatened anytime they aren’t the focus of all public transportation funding, even in Berkeley; I suppose I shouldn’t be surprised that such attitudes aren’t limited to the ‘burbs. 

Last issue a letter writer argued for more downtown parking with the argument that bringing home a television set or a refrigerator on a bike was not practical. Leaving aside the existence of bike trailers (inexpensive and capable of hauling large loads), the author of the letter seems not to realize that the vast majority of retail transactions in downtown Berkeley are not people buying appliances; they are folks having dinner, enjoying a drink or two, buying clothing, browsing for books--nothing that would require a large cargo capacity. When buying a refrigerator in downtown Berkeley, by all means bring your car; I doubt any mass-transit or bike activist would argue with that formulation. 

In the May 11-13 Daily Planet, Carol Denney pokes fun at a previous letter writer’s assertion that chemotherapy patients are capable of riding bikes to and from treatment, commenting that she “has no desire to have sick, nauseated people wheeling through dangerous streets.” Apparently Ms. Denney would prefer such incapacitated people to drive cars “through dangerous streets,” putting everyone (and not merely themselves) at risk. May I suggest a bus, a taxi, or a car pool? 

Kevin Powell suggests we stop paying attention and get over our outrage. He cites Fourth Street as a pedestrian paradise due to its laissez faire approach to parking. He apparently shops but little on Center Street or Telegraph Avenue, areas that are hard to park in but very transit-friendly (as is Fourth Street, for all but the very convenience-addicted). He misses quite a few points about auto access, but the most significant is parking itself: it’s a taxpayer subsidy to drivers. Parking your car on a street without meters gives you free rental of a six-by-ten-foot piece of valuable commercial property, and your car’s crankcase drippings eat away at the asphalt beneath your car (asphalt, like motor oil, is a petroleum product, and is similarly soluble), which taxpayers must then pay to re-pave. 

All of this is made more bizarre given the front page piece commemorating Dr. Wendell Lipscomb—killed by traffic. In fact, cars killed more people than guns in Berkeley in the past two decades, so we can see that the problem of excess auto traffic is a non-trivial one. Judging from the tone of the last few issues of the Daily Planet, I fear that Berkeley is succumbing to the “Marin disease”—being green until it is inconvenient. Air quality has been steadily declining in the Bay Area for the past few years, and people are advocating more driving? Not all drivers are automorons, but enough are to make life dangerous for pedestrians, bicyclists, and those of us who must subsidize auto addiction through our taxes. Berkeley has some of the best mass-transit access in the U.S., and a fine set of bike boulevards—there’s no reason to encourage driving. 

Michael Treece 

Emeryville  

 

• 

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Editors, Daily Planet:  

You know the Darwin Awards, those tongue-in-cheek prizes for extremely stupid behavior? Berkeley has its own version, with the twist that the grand prize is death. Already one Berkeley kid has died in an accident involving a motorized scooter, and in our South Berkeley neighborhood there’s been another hit-and-run on the sidewalk by a scooter. As I write, local kids are racing up and down the street, helmetless, blasting through stop signs, making an infernal racket and courting extinction. 

Why are these things legal? I have never seen one ridden in accordance with the theoretical regulations: i.e., with a helmet, by someone over age 16, 

and in conformance with the traffic laws. Rather, they are obviously designed for teenage joyriding and bloody mayhem. They have no lights, no horns, no safety equipment, yet they can go extremely fast and are designed to be extremely noisy. 

I was a stupid teen once myself—luckily there were none of these things around then. But have we become so harsh a society that we punish stupid 

teens with death? Time to pull the plug on these moronic machines. 

Paul Rauber 

 

• 

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Editors, Daily Planet:  

Comprehensive watershed plans for both the east and west sides of Grizzly Peak Road should be developed as a preliminary stage to any development in the affected watersheds. The study and plan should be conducted by firms agreed upon by the university and the Berkeley community. The university should agree to be bound by the recommendations of the report. 

Even small-scale construction within a watershed that increases the amount of impervious surfaces will have major impacts throughout the watershed. The accumulated water will course through the watershed more quickly destabilizing everything in its path. Additional water flowing into Berkeley’s creeks will cause greater pressure on the city’s failing storm water infrastructure. A daylighted Strawberry Creek in downtown Berkeley may not have the capacity to handle the additional runoff resulting in chronic flooding and property damage. 

Nature has a way of doing things much better and much more efficiently than we. We shouldn’t underestimate her. 

Tom and Jane Kelly 

 

• 

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Editors, Daily Planet:  

I attended Loni Hancock’s town hall meeting Saturday morning. As expected, it was a limited and biased presentation of our budget problems with most of the blame directed at that perennial culprit: Prop. 13 and that pesky two-thirds rule which thwarts Democrats from raising our taxes and passing a budget. The inference here is that 70 percent of the voters in California got it wrong. 

Anyone who is paying attention is aware of the gross mismanagement, fraud and incredibly generous retirement and health care benefits which are crippling and in some cases bankrupting school districts and city governments. Contra Costa schools are bankrupt because of retirement pay and the life time health benefits for their entire families. This is the fastest growing area in all budgets. State workers can retire at age 50 with 90 percent of their highest years salary and full health benefits. In Berkeley an employee must work only five years to be eligible for benefits. Berkeley City Manager Phil Martz presented a pie chart of the cities expenses showing that services like police, fire, and city employees consume most of the budget. What is not shown is how much is for current services and employees and how much is for retirees and what are the cost projections as retirees increase, live longer and the price of the generous benefits skyrocket. My guess is that the actual service which we think we are paying for will soon be the smallest part of that pie. Don’t expect those “public servants” to sacrifice. The former teachers, instead of restructuring their charitable deal, choose to end school sports, arts, and music programs for the children. 

Michele Lawrence bemoans that 50 billion dollars is not enough for education, which now includes child care, health care, condoms, taxi cabs to pick up students and take them to school, half a million dollars for Oakland teachers cell phones, free lunch programs for obese children, etc. She suggests that California teachers are underpaid even tough they are the highest paid in the United States, work only nine and a half months a year and by all measures are failing at imparting knowledge to their students. There was absolutely no acknowledgment that anything but more money would fix the problem. 

Loni Hancock laughed at the suggestion the Gov. Schwarzenegger could trim government fat and eliminate fraud as a way to balance the budget. Smiling, she spoke of his learning curve in the way of how things really work in Sacramento. Her implication was that corporations ruled and controlled the legislature. There was no suggestion, however, that perhaps unions or special interest groups such as lawyers have any influence. The bankrupt Oakland school district is closing five schools. They are also renovating one. Because of a sweet heart deal with a builders union, the original bid on the project rose so high that it negated the savings from the closing of one of the five schools. When school employees were instructed to pick up their pay checks in person, hundreds went unclaimed. Fraud? Yet, Loni could only single out the prison system for “being expensive and incredibly wasteful.” 

When citizens were allowed to speak, a long line assembled. The first few speakers loaded praise on Loni and selfishly rambled on and on. The speaking was then limited to two minutes. Most wanted assurances that their particular wants and needs would be included in the new budget. Some complained and placed blame for our problems on certain groups. One woman blamed the “Rich” for all our troubles, and although I do not agree with most of the policies of Loni Hancock and Michele Lawrence, I felt this was an unfair condemnation of them. 

Michael Larrick 

 

• 

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Editor, Daily Planet: 

Over the past year our neighborhood has increasingly suffered from the noise of gasoline-powered scooters, mini-bikes, and go-carts. We ask that this situation be remedied by banning these “motor-driven vehicles.” 

Berkeley was a leader as one of the first localities in the nation to ban the use of gas-powered leaf blowers. All of the reasons for prohibiting gas-powered leaf blowers apply to gas-powered scooters, even more so. Plus there are additional, compelling reasons for banning the scooters. 

The main concern with scooters, as with leaf blowers, is noise. The scooters are as loud or louder than gas-powered leaf blowers, but the problem is worse. A neighbor may use a leaf blower once a week during part of the year for 10 minutes or so. Scooters are frequently operated for hours on end by groups of individuals. Scooters are used for recreation, not transportation, and the operators may spend hours in a neighborhood. They are often used by several individuals together so someone living in our neighborhood may have to endure a groups of up to five scooters, with the engines running, stopped on the street or sidewalk in front of one’s home. The noise is horrendous. 

As was noted during the debate on gas-powered leaf blowers, small gas engines are very dirty, emitting much higher levels of pollutants than an automobile operated for the same period of time. 

Moreover, these scooters are frequently operated in violation of several provisions of the California Vehicle Code in a manner that endangers the lives not only of the operators, but also of pedestrians, bicyclists, and drivers of automobiles. These include: 1) running stop signs and red lights; 2) driving on the wrong side of the road; 3) underage operators; 4) carrying a passenger; 5) driver and/or passenger failing to wear a helmet; 6) driving on sidewalks; 7) failure to use lights at night; 8) conducting races; 9) riding in parks, schoolyards, and other prohibited areas.  

The scooters are being driven in Strawberry Creek Park, on the track at Rose Parks School, across the Berkeley pedestrian/bicycle overpass bridge, in the dog park at the Berkeley Marina, among other inappropriate places. We ask that the Berkeley Police Department increase its enforcement against these violators. 

As this nation is suffering from an epidemic of obesity, we also note that the mostly young people operating these scooters would be better off getting exercise by riding bicycles. 

These scooters and similar devices are used most frequently during summer. We ask that the City Council move promptly to prohibit the gasoline-powered scooters so that our neighborhood may enjoy some peace and quiet this summer. 

Ric Oberlink and 33 neighbors 

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Comprehensive Health Care Is A Basic Right, Not A Privilege

By Congresswoman Barbara Lee
Friday May 14, 2004

We should be ashamed that, in a country of unmatched wealth and prosperity, we simply allow people to suffer and die if they don’t have the money to pay for our array of medical technologies and services. We should be ashamed that, with everything we have to offer, people who work hard to support their families are frequently left bankrupt or untreated when they or their children get sick or injured. Why? Because they can’t afford health insurance.  

The ongoing phenomenon of Americans working—and living—without health insurance is a tragic injustice—and it’s growing worse. During Cover the Uninsured Week, we must re-double our efforts to remedy this grave injustice. Worse, thanks, to corporate greed and an economy that has cost our workers millions of jobs, the number of uninsured Americans has actually risen over the last few years. According to a recent study, the number of uninsured has climbed from 41 million to 43.6 million. 8.5 million of these uninsured are children. There is absolutely no reason why anyone in this country, regardless of age or medical condition, should be without health insurance. 

Comprehensive health care should not be an option for the lucky or wealthy, but a fundamental right for all. There are a number of legislative initiatives that have been introduced in Congress, and the best of these call for a single-payer health care system, which would guarantee comprehensive health insurance for all Americans. One single-payer option is H.R. 3000, the United States Universal Health Service Act (UHSA), which I have introduced. UHSA would establish a United States Health Service, which would be controlled by the public and administered primarily at the local level. The decentralized system would provide high quality comprehensive care for all, regardless of ability to pay, and distribute services according to need. This bill will specifically make high-quality, preventive, acute, and long-term care available to everyone, regardless of demographics, employment status, or previous health status.  

Congress should be debating proposals like H.R. 3000 to provide access to affordable, quality care for all. Instead, this week, the Republican leadership has scheduled debate on a few modest and flawed measures that, at best, would patch a few small cracks in our broken health care system. We must work to put real health care reform at the top of our nation’s agenda and that means a change in the climate in Washington. We have an opportunity to make that change this November.  

 

Barbara Lee represents California’s Ninth Congressional District.


Berkeley’s Housing Authority Administers Section 8, Public Housing

By HELEN RIPPIER WHEELER
Friday May 14, 2004

For many Berkeley voters, Friday’s special Berkeley Housing Authority afternoon meeting was unexpected. The sparse turnout may have been due to several factors. Matthew Artz’s article “HUD Report Finds big Problems with City’s Section 8 Program” (Daily Planet, May 11-13) account is well done, but the complex structure of subsidized housing everywhere and in Berkeley in particular inevitably leaves a few necessary clarifications. 

Section 8 refers to a portion of federal legislation administered by the U. S. Department of Housing and Urban Development; it has been providing rent subsidies for low-income persons. Tenants generally pay one third of their income in rent, with the balance subsidized by HUD. In most communities, there are two approaches a low-income person can take to a rent-subsidized Section 8 unit. 

The Berkeley Housing Authority works with HUD to administer a tenant-based Section 8 program and periodically, a voucher lottery. There has been a list of voucher category-priorities that has varied so frequently that it is difficult to keep up! (e.g. Berkeley residents, disabled, elderly, homeless, veterans, etc. etc. have been mentioned.) Once a person obtains a voucher, s/he must locate a vacant apartment whose landlord will accept a Section 8 tenant and work with the Berkeley Housing Authority. 

But note that the Berkeley Housing Authority also administers public housing. It is not always clear to the public (and seemingly at times to some Berkeley Housing Authority members) that these two separate-but-attached-at-the-spine entities are administered by the BHA. Maintenance of the physical facilities of this public housing component has often been decried by Berkeley public housing tenants. 

Additionally, there are several project-based Section 8 buildings in Berkeley; low-income persons apply directly to the owners/developers, which are usually nonprofit organizations, e.g. Affordable Housing Associates and Satellite Housing, Inc. The Berkeley Housing Authority has been criticized for transferring some of its Section 8 vouchers to developers of project-based buildings. 

The Berkeley Housing Authority uniquely consists of the members of the City Council, the mayor, and two appointed members representing Section 8 tenant-based (Ms. Clark) and public housing (Ms. Payne). They are “elected” only in the sense that the council gets to consider them and vote. Significantly, the mayor refers to councilmembers when he means, or should be saying, Housing Authority members, and thus the public appears to be returning to this misperception. Mayor Dean quickly caught and corrected herself in this brain-teaser paradox. The BHA has not been meeting monthly; when it does meet, it is an afterthought, tacked on to or snuck in before snack-time and council. I recall one meeting this year that was begun before and ended after the two “representative” Housing Authority members had arrived! 

Only one person expressed objection to the inadequacy and unfairness of only two minutes’ allocation of public comment for each of the chosen few at the May 7 Berkeley Housing Authority special meeting. Worse is the fact that the published agenda provides “Public Comment: A total of 30 minutes is scheduled. Each speaker is limited to a maximum of three minutes.” For a while there it seemed that objections to the mayor’s attempt to impose this restriction on the public comment periods of ALL meetings had been successful. Perhaps the risk seemed less on this occasion. 

Under BMC 23C.12, the Inclusionary Zoning Ordinance, 20 percent of all new residential construction with five units or more must be “affordable” to low income people, regardless of whether it is for profit or nonprofit. State law does not require this, but offers a “density bonus” to developers who provide a certain percentage of “affordable” units. The nonprofit buildings are generally 100 percent “affordable” rather than 20 percent. “Affordable” can be out of the reach of some low-income persons, however. 

The Housing Authority of the County of Alameda (HACA) is located in Hayward. HACA’s principal programs and its funding are through HUD. It provides rental assistance to 5,000-plus low-income households through Section 8 and Public Housing programs. The HACA serves the incorporated cities of Albany, Dublin, Emeryville, Fremont, Hayward, Newark, Pleasanton, San Leandro, and Union City, and the unincorporated cities of Castro Valley and San Lorenzo. HACA does not provide rental assistance to persons in the cities of Alameda, Berkeley, Livermore and Oakland, which have their own Housing Authorities. 

In the past, expensive consultants have been recruited and paid by the BHA. If indeed HUD has paid for this consultant, I say hooray for Ronnie Odom! 

 

Helen Wheeler has served as a member of the Berkeley Housing Authority and as its Section 8 RAB liaison, North Berkeley Senior Center Advisory Council and as its secretary, Berkeley Commission on Aging and as its vice chair, Alameda County Advisory Commission on Aging and as its Legislative Committee chair and Health and Safety Committee vice chair, and as a founding-member of the defunct grassroots “Save Section 8.”  

 

 

 

 

 

 

 

 

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Why Am I Not Surprised?

By CAROL POLSGROVE
Friday May 14, 2004

Accuracy has not proved to be the Bush administration’s strong point, as journalists ought to have discovered long before they did. Take the simple matter of Condoleezza Rice’s curriculum vitae. After she was named as National Security Adviser, I decided to read some of her work, to see how her mind worked. For a list of her publications, I called her office in the White House, and was told they didn’t have her CV on file. I then called Stanford University’s Political Science Department, which kindly faxed it to me.  

Her CV in hand, I set off to the library, where I discovered an uncomfortable number of errors in the CV of the woman charged with the nation’s security. 

For instance, Rice cites a chapter she contributed to The Reagan Legacy, edited by Larry Berman and published by the University of California Press in 1989. I can find no record elsewhere of any such book, although there is a book edited by Larry Berman called Looking Back on the Reagan Presidency, and it contains a chapter by Rice. This book was published, not by the University of California Press but by the Johns Hopkins University Press, and it appeared in 1990 rather than 1989. 

In another entry, Rice identifies the editors of The Makers of Modern Strategy, a book to which she contributed a chapter, as Gordon Craig and Peter Paret. The Library of Congress Catalogue lists the editors as “Peter Paret with the collaboration of Gordon A. Craig and Felix Gilbert.”  

In yet another entry, Rice notes that she contributed a chapter to Crisis Stability, edited by Kurt Gottfried and Bruce G. Blair. The book’s title is actually Crisis Stability and Nuclear War. 

Rice also gives the wrong date (Sept. 3, 1991) for an article Time magazine actually published Sept. 16, 1991.  

However insignificant these errors might seem, they don’t say much for Rice’s precision and respect for fact. No wonder her office didn’t keep her resume on file—but journalists could have gotten it, just as I did, and just as they could have nailed down the lies and obfuscations of the Bush administration at a much earlier date.  

 

Carol Polsgrove, a former East Bay resident, teaches journalism Indiana University and is the author of Divided Minds: Intellectuals and the Civil Rights Movement.


Readers Respond to News From Iraq

Friday May 14, 2004

IRAQ CONTRACTORS 

Editor, Daily Planet: 

Wow! O’Malley clearly writes with an ignorance of what’s happening on the ground in Iraq (“Mercenaries Amok in Iraq,” Daily Planet, May 4-6). It’s much easier to brand all security contractors as “evil” mercenaries than to bother looking at the reality.  

First, O’Malley has no understanding of the world of international security firms, most of which offer purely protection to executives, experts, and dignitaries in dangerous parts of the world. They are hardly “evil embodied.” As in all industries, there are good and bad companies and individuals. 

Second, she clearly has little regard for people’s lives. My husband, for one, was a kind, gentle, loving father, husband, son and friend. He was a highly accomplished and talented man whom many people loved. He was part of “Operation Safe Haven” when he was in the British Royal Marines, and helped create a safe place for Iraqi Kurds returning home after the first Gulf War. When he returned to Iraq this year as a private security specialist, providing protection to an engineer who was repairing a power plant in Mosul, he was ambushed, shot and killed by a group of masked hitmen. Oddly, the same Kurds, to whom he had provided protection many years earlier, danced in the street around his body and the body of his colleague. My husband did manage to save the engineer and two of his other colleagues before he died. 

Things are not black and white. O’Malley’s comments are irresponsible. These are real people, with families and homes, and many of them just trying to protect lives. Her words serve only to deepen divisions and hatred. 

Tasha Bradsell 

• 

PRISON ABUSE 

Editors, Daily Planet: 

First year psychology students learn of two famous experiments. One was conducted to determine the level of obedience to authority figures ( “technicians” and “scientists” in white lab coats) who had “normal” male subjects deliver (fake) electric shocks to other subjects who answered questions incorrectly. Each subsequent incorrect answer required a stronger shock. Most subjects, with and without encouragement, continued shocking the other subjects even after the voltage levels indicated danger. Such is the nature of hierarchical conditioning; the strictest supervision by “responsible” authorities can’t prevent inhumane behavior if the goals of those authorities are dubious. 

The other was the prison/prisoner experiment, where half a group of “normal” young men were made guards while the other half were made prisoners. Within days, the guards—with no supervision and making up their own regulations—were systematically brutalizing and humiliating their prisoners, giving them tasks impossible to complete properly and then punishing them for their failures. Such is the nature of all arbitrary authority; the capricious exercise of power creates psychopaths. That experiment had to be stopped even before half of the allotted time had expired. 

J. Douglas Allen-Taylor barely skims the surface of the smarmy underbelly of American penology when he compares the Abu Ghraib photos with the chilling videotaped punishments meted out to some defenseless wards of the California Youth Authority (“Representing the America That We Know,” Daily Planet, May 7-10). Systematic abuse, humiliation, and degradation of inmates in every level of incarceration in this country have been abundantly documented in the years since the Attica uprising.  

All the pro-occupation loudmouths are dismissing the documented abuse, humiliation, and degradation of Iraqi POWs as both unrepresentative and justified. It’s only a few bad apples; it’s a response to being under fire; it’s a response to Iraqis torturing Americans. None of them seem to know about those two experiments. The people outraged by the abuse of the Iraqi POWs see the problem as possibly due to a breakdown of the proper chain of command. Who and where were the officers who never briefed the troops in charge of Abu Ghraib on the Geneva Conventions? None of them seem to know about those two experiments either.  

When cops, or soldiers, or prison guards exceed the acceptable and expected level of bullying and veer off into brutality that can no longer be hidden or easily dismissed, reactionaries always use the excuse of the existence of “rogue” elements inside the particular institution; the institutions themselves never come into question. But the capricious exercise of power over others is built into hierarchical institutions, and it is to be expected that some people in those institutions will revel in its use. On the other hand, strong hierarchical supervision cannot possibly prevent the abuse of prisoners—just look at Pelican Bay, or Corcoran, or CYA. The institutionalization of power and punishment breeds both banal and wanton cruelty and violence; only by abolishing those institutions can we achieve dignity and freedom. 

C. Boles 

• 

CHAIN OF COMMAND 

Editors, Daily Planet: 

It is an illusion and an injustice to overlook how easy it is for young military personnel to perform immoral and abusive treatment upon the peoples they become occupiers of. Basically they are naïve, aggressive, and egoist soldiers brainwashed to primarily “kill the enemy.” 

I learned from being in World War II and an astute observer of the Korean, Vietnam, and Middle East wars that young military personnel are dangerous when not on a tether, and even more so when their commanders fuel their heads with images of invincibility and patriotic self righteousness, “God is on our side,” and the fearful homage, “Shoot everything that moves.” The military commanders all the way to the commander in chief should know, but they do not, all about the nature of the forces they are unleashing and the consequences for not adequately curtailing their wild side; as if they ever really care, as long as the “wild side” is directed against “the enemy.” 

To immediately try to save face by court marshaling individual soldiers, as the superior ranks are prone to do, is an obscene injustice; the total military institution is corrupt, immoral, and inept. The fundamentalist attitudes of the Department of Defense and the commander in chief are the bedrock of the mayhem the U.S. has dumped in the Middle East. I would like to say “not in my name,” but we are all tarred with the same stinky brush that Bush and Rumsfeld, and the rest of the military-industrial-complex wield. General Eisenhower was right. 

Ken Norwood 


The Dead Have A Right to be Seen

Friday May 14, 2004

I started to cry when I saw the pictures of the the flag draped coffins 

feeling the heaviness of those coffins— 

that son, that brother, that sister, that husband, 

and all the other husbands and fathers and wives 

All of them whose coffins we have not seen 

Someone decided that it is better for us 

to not see the coffins 

So across the United States, private ceremonies are held 

away from the view of the American people, 

leaving us all bereft of reality. 

Bereft of seeing the families, the children, 

the widows crying or trying not to cry, 

holding it together as they receive the folded flag 

Keeping us from seeing the children who will grow up 

without a father, a mother, a brother. 

We should see it every night on the news. 

We should see it so we cannot pretend about the cost, 

the real cost.  

 

I cried for those who have no witness on our nightly news. 

For the over 600 civilian Iraqis killed in Fallujah and the more to come, 

for they too are husbands, and brothers, and sisters, 

and more children than we can bear to admit. 

They were being buried in mass graves because 

it was not safe to take the time to bury the dead 

Some were kept on ice in their homes until it was safe to go  

outside 

but the electricity was cut off and the ice melted. 

Why have we not seen these images? 

Are we worth more? 

Are they worth less? 

 

I cried because I remembered watching the dead arrive home from Viet Nam 

I remember the flag draped coffins in the hundreds and the  

thousands, 

the overwhelming magnitude of it all 

I remember seeing children in flames running screaming down streets 

And I remember that it mattered. 

It mattered that across this country 

millions of us transformed by witnessing— 

It mattered so much that they took away the images 

They have hidden the coffins and the crying families from view 

 

But we are involved -whether we want to be or not 

We need to see the dead arriving every day 

as they touch the soil of the country that they died for 

No matter who you are, no matter what you think 

about this war 

The dead still have a right to be seen. 

 

—Micky Duxbury


Fire Station Sparks More Controversy

Friday May 14, 2004

The commentary piece written by Neighbors for Fire Safety (“Fire Station Foes Ignore History, Wildfire Fighting Reality,” Daily Planet, May 7-10) is a dangerously misleading attempt to disguise their true goal of using taxpayers’ bond money to fund a project to serve their neighborhood rather than protect the entire city from the next wildfire. Time after time proponents of this project said at public hearings that they wanted this station as close to them as possible in case of a house fire or medical emergency. Opponents of the plan were trying to get the city to build a real wildland station on Grizzly Peak Boulevard, one that would protect the entire city, not just Fire District 7. Berkeley citizens should fully realize and agree that “opposition” and “dissent” are NOT anti-civic. Indeed, the right to dissent and be fairly heard is one of the foundations of our country’s democracy, even though such activity is being misrepresented nationally as well as locally. 

Regarding history: A visit to the memorial to the 1991 Oakland hills fire provides some facts that the Neighbors for Fire Safety chose to ignore. This memorial, located on Old Tunnel Road, has several exhibits that document the history of wildfires in the hills. These exhibits tell us that since 1900 12 out of 14 wildfires have started in Oakland. That is why we, the opponents of this current project, have repeatedly called for the city to build the wild land fire station as originally planned on Grizzly Peak Boulevard somewhere between Centennial Drive and Fish Ranch Road. The Neighbors for Fire Safety can characterize the current project however they like, but the reality is that the currently proposed Hills Fire Station is an excessively fancy new local station for Betty Olds’ district and is not even well-sited to serve that purpose, let alone fight wildfires—unless the fires start on the golf course in Tilden Park! Our city and its neighbors do have a real problem in the threat of wildfires. But spending $5-6 million to replace an old station and add one brush truck in northeast Berkeley is not an effective solution to this very real threat. This Hills Fire Station project is not a serious response to the threat of wildfires. A quick look at the EIR reveals how this site was chosen. The one essential criterion for an acceptable site is defined in the EIR as having “a four-minute response time within Fire District 7.” (That is the same territory as Betty Olds’ election District 6.) Does this sound like an appropriate criterion for siting a wildland station to protect all of Berkeley? In fact, a Tilden Park official, who was a firefighter in the 1991 Oakland Hills fire, said of the project, “It’s a political solution to an emotional problem.” 

People are afraid of fire, and rightly so. There is real danger and that is why we voted for Measure G and a “real” wildland station. The “real” fire station that Measure G was to help pay for would not have replaced an existing facility. Rather, it would have been an additional station on Grizzly Peak Boulevard, either at Centennial Drive or at Grizzly Flats. The new station was to be 13,000 square feet., house up to 11 engines and a staff of 20-25 and have a helicopter landing site. Berkeley’s contribution was to be $2.5 million, the land and staff were to be donated by the Park District, and Oakland was to partner with money, staff and equipment. Instead, Berkeley will now spend $5-6 million to house two of its engines and the same staff of three firefighters that currently work out of the existing Station #7, 3 blocks away. So for more than twice the money we get about one-sixth the protection against wildfires. This makes no sense! Imagine if the measure on the 1992 ballot had read “Shall Berkeley spend $5-6 million to house two engines in Betty Olds’ district and give Park employees a place to sleep 0-15 nights per year?” Clearly voters would have rejected such nonsense. 

Regarding the review process: Yes, there have been a number of meetings over the past several years to review this project. Comments were strictly limited to three minutes per person at the start of each meeting while city officials had an unlimited amount of time to present their case with no opportunity for citizen rebuttal, even when city staff either used misleading statements or worse. Thus, the so-called “public process” regarding the Hills Fire Station was more like a “kangaroo court.” After all, with the city acting as applicant, judge and jury, the result of any meeting was a forgone conclusion. 

Providing adequate protection to Fire District 7 can be accomplished for far less than the city is proposing to spend, especially since the current fire house receives less than one call per day and two thirds of those are for medical emergencies. Why is it that bureaucrats feel the need to spend all the money in their budgets, even when the problem to be addressed can be solved for much less thereby reducing the burden on taxpayers? Do not be misled into thinking that projects funded with bond money do not have a large impact on your property taxes. To see how much such projects are costing you, just look at the line item on your property tax bill called “Voter Approved Indebtedness, City of Berkeley.” It’s time for both the city and the Neighbors for Fire Safety to cease their deceptions and for our elected officials to implement more fiscally prudent solutions for fire safety that benefit the entire city of Berkeley. 


The Truth About Delays and Costs

By PETER CUKOR
Friday May 14, 2004

The recent letter from Neighbors for Fire Safety (“Fire Station Foes Ignore History, Wildfire Fighting Reality,” Daily Planet, May 7-10) contains numerous factual omissions and inaccuracies, and moreover obscures the role this group has played in delaying and inflating the costs of the Hills fire station project. The facts of the matters are as follows: 

• The city did not present its proposal until 2000, 8 years after Measure G was passed. There seems to have been no urgency until political pressure was felt as the tenth anniversary of the Hills Fire approached. 

• The city has known all along that the Hills Fire Station project was quite different from the one approved by voters in 1992. As a result, when the project was announced in 2000 the city publicly declared that it would file a lawsuit to validate that the use of Measure G funds was legal. At that time, the city did not expect that this “validation action” would be opposed. 

• In 2002, knowing that opponents would likely contest its lawsuit, the city changed its legal strategy. It decided against filing its own lawsuit in order to place a greater financial burden on anyone who would choose to ask the courts to determine that Measure G finds could not be used. 

• Early in 2003 my wife and I filed a lawsuit seeking a legal finding that the city’s current proposal is not consistent with what the voters approved in 1992. 

• In spring of 2003, our attorney approached the city seeking a compromise that would remove the lawsuit. The city responded with a settlement offer before significant costs were incurred. Under the settlement proposed by the city, the size of the station (and its cost) would have been reduced by about 25 percent without compromising fire safety. However, the Neighbors for Fire Safety objected to any compromise and brought great pressure on Councilwoman Olds to reject this settlement and pressured the city to withdraw its offer shortly after it was made! Thus it was the unwillingness of the Neighbors for Fire Safety to compromise that caused the city to spend the money needed to prosecute the lawsuit. If Neighbors for Fire Safety had their way, they would incur further indebtedness on behalf of all Berkeley taxpayers in a misguided effort to build an even larger fire station that would serve their neighborhood only. 

• The city itself bears responsibility for most of the delays associated with this project. To wit: 

As mentioned above, Measure G was passed in November, 1992. The city did not present its plan for the Hills Fire Station until April, 2000! 

The land for the project is to be purchased from EBMUD at a cost of $300,000. Before EBMUD agrees to the transfer it must be satisfied that Berkeley’s development of the property will not hinder the Water District’s ability to supply water to its customers. This has required the city to make several studies and proposals to stabilize the very steep hill that supports a two-million-gallon reservoir immediately above the proposed station. The latest of these proposals will be presented to ZAB this week for its approval. 

EBMUD has a pumping station on the property Berkeley seeks to develop. A large pipeline extends from this pumping station under the land where Berkeley plans to build its fire station. EBMUD will not transfer the property to Berkeley until that pipeline is relocated, at Berkeley’s expense! This alone will add $200,000 to the cost of the fire station. EBMUD did not begin the pipeline relocation project until May 3, 2004! 

The city spent about a year negotiating with the Park District to secure its agreement to store, at no cost to the park, an engine and crew for 10-30 days per year at the new fire station. How generous of Berkeley taxpayers to pay for sleeping accommodations and garage space for Park District fire crews and equipment! Since these crews and equipment are available to Berkeley right now 24/7 for free, it is truly wonderful that, despite a budget crunch, we can spend an extra $500,000 to build a bay and dorm room for them. Berkeley needed this agreement so it could call the project a “jointly funded, multi-jurisdictional” effort. This so-called “joint financing agreement” is a sham since Berkeley is paying for everything, the Park District, which originally said it wanted nothing to do with this, pays for nothing, and either side can terminate the agreement with 30 days notice. 

The bottom line is that costs are high because the site is very difficult to develop, the building is far too large for the site, and Berkeley is making the building even larger to accommodate Park District equipment without any financial contribution from the park. The delays are primarily the result of (a) an eight year hiatus during which time the city was occupied with other matters; (b) the engineering complexity of site development, and; (c) the need to negotiate agreements with two other political entities. 

 

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‘Acis’ Continues Berkeley Opera’s Excellent Run

By OLIVIA STAPPSpecial to the Planet
Friday May 14, 2004

The Berkeley Opera is on a roll. After the sensational mini-Ring produced earlier this season, they are now presenting Mark Streshinsky’s witty and piquant production of Acis and Galatea. This work by George Frideric Handel is a “pastoral masque.” It has been described variously as a “little opera,” not quite an oratorio, and an “entertainment.” Nevertheless, it is often performed as a fully staged two act opera, and has been in the repertory for the last two centuries. The text was adapted by John Gay, Alexander Pope, and John Hughes from Ovid’s Metamorphosis. 

This is the first Handel opera presented by the Berkeley Opera in its 25-year history, and is a perfect choice for this small, artistically ambitious company. The supple and oftentimes sublime m usic that Handel has created for Ovid’s Book Thirteen—“Acis and Galatea”—from his collection of myths, is exquisitely rendered by conductor George Thomson and his carefully selected company of gifted singers and players. It is a joy to hear at last a fine, committed, and excellently prepared orchestra in the Berkeley Opera orchestra pit. Playing under concertmistress Carla Moore were Kati Kyme, Sara Usher (first violins), Lisa Weiss, Cary Koh, Michelle Dulak (second violins), Farley Pearce (cello), Michel Taddei (bass), Yueh Chou (bassoon), Louise Carlslake, Kit Higginson (recorder), Bennie Cottone, Peter Lemberg (oboe), and Jonathan Davis (harpsichord). 

Were it to be done in period setting, the opera would look like a Poussin painting, in which a gather ing of nymphs and shepherds gambol about around a waterfall in an ancient ruin. Indeed, there is evidence that the work was performed first in 1718 as a courtly outdoor entertainment situated near a large fountain on the estate of the Earl of Carnavorn (later Duke of Chandos). What a great setting for the watery climax! As with other chapters from Ovid’s works, the theme is a transfiguration from mortal life to another of nature’s forms. Birds, wind, trees, and water are often the post-human repositories of identity in this enchanted realm where love conquers all, and resurrection as an enduring natural form is the vehicle for continued spiritual togetherness. In this case, Acis, after being slain by the jealous Cyclops Polyphemus, is transformed by his lover, the sea-nymph Galatea, into a fountain. “Purple be no more thy blood, glide thou like a crystal flood. ... The bubbling fountain, lo! It flows.” As a sea nymph, Galatea enjoys caressing herself in the water that is Acis himself, sans bodily parts. 

The stage director and designer Mark Streshinsky morphs the work to the present day. He stages the action at the beach, with a picnic table set up for hot dogs on the barbeque, a life guard tower, some surf boards, and plenty of the other accoutrements of guys and gals having fun at the seashore. For those of us who experienced Mary Zimmerman’s unforgettable treatment at the Berkeley Rep of Ovid’s Metamorphosis set around a 16-foot pool, this resetting of the myth will not seem a startling approach, but rather another imaginative innovation. In an operatic version however, naturalistic acting style bumps up against the symmetrical music: The rigid formality of da capo arias and the production sometimes loses energy as the second or third stanzas are repe ated. (Maybe it was just a case of second night blahs.) Overall the ideas and execution were charming. 

The climax comes when Polyphemus (here the bully on the beach), in a rage over being rebuffed by Galatea, wacks Acis with what looks like a twenty poun d barbell, (supposedly the “massy ruin”). Acis dies, but is transmogrified to his watery form with a good dousing under the lifeguard’s shower on the beach. “Galatea, dry thy tears, Acis now a god appears,” sings the well-honed five person ensemble-chorus consisting of Linh Kauffman, Elizabeth Eastman, Gary Ruschman, Alec Jeong, and Raymond Granlund, as they all dry off with beach towels. 

The cast was well up to the musical challenges that singing Handel presents. Jeffrey Fields as Polyphemus gave a droll and powerful portrayal of the weight-hurling Cyclops; his comic aria “O Ruddier than a cherry” was a delight. Erin Neff’s (Damon) voice shone out in her lovely solos. The two good-looking lovers, Saundra De Athos (Galatea) and Harold Gray Meers (Acis), sang their idyllic music with great skill and beautiful tone, and both gave eloquent expression to the tragic moments in the drama.te


Notes From The Underground: UC Program Gives Young Musicians Something to Sing About

C. SUPRYNOWICZ
Friday May 14, 2004

The assassination of Martin Luther King Jr. on April 4, 1968 led to riots in more than 100 major U.S. cities, cities that were already far from complacent and quiet. Maya Angelou says of the period: “The cry of ‘burn, baby, burn’ was loud in the land.” 

Faced with what they saw as the real possibility of a coupe d’etat, the Nixon Administration was prompted to spin off a program called the Neighborhood Youth Corps. Though it can be viewed as a purely political expedient, the Youth Corps was, nonetheless, a response to the racial and social inequities that Dr. King had spoken of again and again from the pulpit and from the stairs of city hall. Devoted, talented people turned out, responding to the call to go into the inner cities and make things right. 

When posters appeared on the UC Berkeley campus announcing this initiative, Lawrence Moe, then chair of the music department, approached a young music teacher on the faculty named Michael Senturia. Moe had an idea. He wanted to offer music lessons to kids who couldn’t afford them. Senturia was about to leave on sabbatical, but he signed on. That summer, 30 kids were recruited from Oakland, from Richmond, from areas that in that period were known, simply and bluntly, as “The Ghetto.” There are photos from those early days that show kids with Afros playing the clarinet, the flute, the oboe, the saxophone. And after its first euphoric summer, the program was declared an unqualified, resounding success. 

Meanwhile, the riots in Watts, Bedford-Stuyvesant and Hunters Point that were expected to tear the fabric of the nation asunder had, it turned out, only torn a few seams. This was good news for Nixon (whose impeachment was still six years away), but bad news for the Young Musicians Program. They weren’t going to get funded again—at least not by the federal government. 

Howls of disappointment and outrage, from students and faculty alike, led to a meeting. One of the graduate students who was a key player in the Young Musicians Program that first year, Javier Castillo, met with Ed Feeder, the budget officer for the College of Arts and Sciences at UC. “Javier simply refused to let the program die,” Michael Senturia recalled when I spoke to him recently about YMP’s inception.  

As a result of Castillo and Feeder’s meeting, the university stepped in with funding to support the program. This was the first year of support by the university—support which has continued, uninterrupted, for 36 years. 

 

Melissa Campbell of Oakland was accepted into the Young Musicians Program at UC Berkeley in 1997, when she was 11 years old. This Sunday afternoon she will be singing at the First Congregational Church of Berkeley in YMP’s senior recital. Campbell was accepted by seven major universities and has chosen Spellman, where she will study to be an obstetrician.  

Melissa is one of 140 young people that make their way down into the basement of Morrison Hall each morning, all summer long, to meet with their instructors and to attend classes in harmony, composition, and ear-training. There are jazz ensembles. There is a chorus. There are chamber groups. During the school year, instruction continues through private lessons contracted by the Young Musicians Program with teachers from the faculty. 

And, as was the case in 1968, there is still no fee for students accepted into the Young Musicians Program. In an era when “free” and “education” are rarely used in the same sentence, this qualifies as some sort of miracle, but it’s a miracle that requires a lot of maintenance. Heller, Surdna, Flora, and Hewlett are just a few of the nonprofit foundations that support YMP. Among corporate donors, Starbucks is a standout: They gave $100,000 to the program a few years ago. Say what you like about Starbucks, they know how to do philanthropy. 

I’ve been to a half-dozen YMP student recitals over the years, and there are always, without exception, kids that just knock your socks off. I had the notion at one time that a talent scout should partner with YMP, as it seems an obvious mother-lode for agents prospecting young talent. 

I called Daisy Newman, the current director of the YMP program, and asked her what she looks for in students auditioning for the program. 

“A spark,” she told me. “Some sign that this is really something they are moved to do—a special part of their lives.” And she reminded me that, although there is prodigious talent in the program, talent alone is not the point. “They learn discipline. And how to find the best that they can do. There is community here, and support, and people to look up to and emulate. Not everyone here is planning a career in music, and that’s as it should be. Music becomes part of their lives, and it teaches them about life.” 

For those concerned that the cultural heritage we would like to see passed on to young people is disappearing down the swirling drain, there are plenty of new reasons to be alarmed. Despite the release of the California Arts Council’s Study a few weeks ago finding that the arts add $5.4 billion to the state’s economy, the giant sucking sound continues. San Francisco Mayor Gavin Newsom poured a fresh bucket of cold water in last Thursday when he announced his plan to cut funding to the San Francisco Symphony, Opera, Ballet and Museum of Modern Art by 25 percent to help reduce the city’s deficit.  

Perhaps there is no more telling statistic than that the California Arts Council itself has seen its funding reduced by 95 percent in recent years (the director, Barry Hessenius, is resigning this month). That is, unless we consider the statistic that California itself now rates dead last in per capita arts spending funding among the 50 states. 

Yet, without seeming a Pollyanna—something I am rarely accused of—it does seem there are glints of light beneath the black waters. Certainly the Young Musicians Program is an illumination. Though it must work for funding in ways that the Pentagon never will, YMP seems to be here to stay. And why, in an environment so ungenerous to the arts, is that? Perhaps it is that people understand, even without statistics and surveys, that the arts represent what is best about us as a people. Or it may be that they recognize that kids are considerably better off with a clarinet in their hands than any number of more dangerous objects.  

If the fury that Maya Angelou saw sweep across the land in the ‘60s is not the coherent, articulated force it was then, it has certainly not disappeared. What came of that fury then, and what will come of it now? Social change, when and if it occurs, is a scattershot, halting affair, often reversing itself, perhaps best understood by historians. It is in the details of our lives, and in our community, that we recognize when something meaningful has happened. Those who have dedicated themselves to working with young people know the energy and zeal that abides there, as well as the rewards young people experience when that energy is harnessed to their advantage.  

The Young Musicians Program is an uncommonly good idea that found an uncommonly good home. That it endures, and prospers, must be some indication that, as many things as we get wrong, we now and then get a few of them right. 

 

Clark Suprynowicz is a composer living in Oakland, California, and writes regularly about the arts for the Daily Planet. He has served on the faculty of the Young Musicians Program. 

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Arts Calendar

Friday May 14, 2004

FRIDAY, MAY 14 

EXHIBITION OPENINGS 

“Landscapes and Portraits” by Joanna Katz. Reception from 5 to 7 p.m. at Gallery 940, 940 Dwight Way. Exhibition runs to May 28.  

“Flora and Fauna” and “Garden of Peace” reception for the artists at ACCI Gallery, 1652 Shattuck Ave. from 6 to 8 p.m. 843-2527. www.accigallery.com 

“Hovering: New Works” by Seiko Tachibana and Emily Payne. Reception from 6 to 8 p.m. at Cecile Moochnek Gallery. 1809-D Fourth Street (upstairs). Exhibition runs through June 28. 549-1018 www.cecilemoochnek.com 

THEATER 

Actors Ensemble of Berkeley “The Sisters Rosensweig” at 8 p.m. at Live Oak Theater, 1301 Shattuck. Fri. and Sat. through May 15. Tickets are $10. 649-5999. www.aeofberkeley.org 

Aurora Theatre Company “Antigone Falun Gong” at 8 p.m. Wed.-Sat., Sun. at 2 and 7 p.m. at 2081 Addison St. through May 16. Tickets are $28-$40 available from 843-4822. www.auroratheatre.org 

Berkeley Rep “The Mystery of Irma Vep,” Charles Ludlam’s theatrical cult classic at 8 p.m. and continues through May 23. Tickets are $39-$55. 647-2949. www.berkeleyrep.org 

“Casino!” a musical comedy by Joyce Whitelaw at 8 p.m at The Glenview Performing Arts Center, 1318 Glenfield Ave., Oakland. Also May 16 at 2 and 7 p.m. Tickets are $20. 531-0511. www.glenviewpac.com 

Impact Theatre “Money and Run” an action serial adventure with different episodes on Thurs., Fri. and Sat. at 8 p.m. Runs through June 5 at La Val’s Subterranean, 1834 Euclid. 464-4468. www.impacttheatre.com 

New Shakespeare Company “Hamlet” at 8 p.m. at Berkeley Art Center, through June 5.  

READINGS AND LECTURES 

Kent Haruf reads from his new novel “Eventide” at 7 p.m. at Cody’s Books on Fourth St. 559-9500. www.codysbooks.com 

MUSIC AND DANCE 

Berkeley Opera “Acis and Galatea” at 8 p.m. at Julia Morgan Theater. Tickets are $15-$40. 925-798-1300. www.berkeleyopera.org 

Oakland Opera Theater “Akhnaten” by Philip Glass at 8 p.m. at Oakland Metro, 201 Broadway. Tickets are $15-$27. Also Sat. at 8 p.m. and Sun at 2 p.m. 763-1146. www.oaklandmetro.org 

Hespérion XXI, Jordi Savall, director and viola da gamba, at 8 p.m. at First Congregational Church, 2345 Channing Way. Tickets are $42. 642-9988. www.calperfs.berkeley.edu 

Bay Area Classical Harmonies “Spring Fever!” at 7:30 p.m. at the Arlington Community Church, 52 Arlington Ave. in Kensington. Tickets are $8-$12. 866-233-9892. www.BerkeleyBACH.org  

Chuck Prophet & the Mission Express and Farma at 9:30 p.m. at The Starry Plough. Cost is $12. 841-2082. www.starryploughpub.com 

Palenque, Cuban son, at 9:30 p.m. at Ashkenaz, with a salsa dance lesson at 8:30 p.m. Cost is $13. 525-5054. www.ashkenaz.com 

Monkey, Soul Captives, Pinche Hueros at 9:30 p.m. at Blakes on Telegraph. Cost is $6.  

848-0886. www.blakesontelegraph.com 

Sandy Chang and Alex Pfei- 

fer-Rosenblum at the 1923 Teahouse at 8 p.m. Donation of $7-$10. 644-2204. www.epicarts.org 

Robert Karimi’s Self (the Remix) The story of a suburban boy and his quest for wholeness at 8 p.m. at La Peña. Cost is $5-$10. 849-2568. www.lapena.org 

Mike Seeger, music from “true vine” at 8 p.m. at Freight and Salvage. Cost is $19.50. 548-1761. www.freightandsalvage.org 

Frank Jackson at 8:30 p.m. at Downtown. 649-3810. 

Roy Hargrove Quintet at Yoshi’s at Jack London Square, through Sun. 238-9200. www.yoshis.com 

S.T.F.U., Scurvy Dogs, Fatbush, Eskapo, Collateral Damage at 8 p.m. at 924 Gilman St. Cost is $5. 525-9926. 

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

SATURDAY, MAY 15 

CHILDREN  

“Wild About Books” storytime at 10:30 a.m. at the Berkeley Public Library, 2090 Kittredge St. 981-6223. 

Kids on the Block Puppet Show, promoting acceptance and understanding of physical and cultural differences at 2 p.m. at the Hall of Health, 2230 Shattuck Ave. Donation $3. Children under 3 free. 549-1564. 

EXHIBITION OPENINGS 

FinnArt: Art by Finns/Art Inspired by Finland Visual arts exhibition by more than a dozen artists, from 11 a.m. to 6 p.m. Includes an Art Cafe, childrens art show, Finnish art history lectures. At the Finnish Kaleva Hall, 1970 Chestnut St. 849-0125.  

Photography by May-Li Khoe, Jonathan Andrew and Natalie Douvos. Reception from 7-9 p.m. 1250 Addison St., suite 102. 883-1126. www.innersport.com  

“High Altitude Pots” by Doug Casebeer. Reception from 5 to 7 p.m. at TRAX Ceramic Gallery, 1812 5th St. 540-8729. www.traxgallery.com 

READINGS AND LECTURES 

“What’s in a Name? New Ways of Looking at ‘Craft’” A panel discussion about the viability of craft in the art world at 2 p.m. at the Oakland Museum of California, 10th and Oak Sts. 238-2200. www.museumca.org 

Rhythm & Muse features Jaliya, with Ademola Oshun, Big Momma, at 7 p.m. at Berkeley Art Center. 644-6893.  

Ariel Gore and her daughter, Maia Gore, introduce “Whatever Mom: Hip Mama’s Guide to Raising a Teenager” at 7 p.m. at Cody’s Books, 1730 Fourth St. 559-9500. www.codysbooks.com 

MUSIC AND DANCE 

Sacred and Profane “In an English Garden” chamber chorus at 7 p.m. at St. Ambrose Church, 1145 Gilman. Tickets are $12-$17. Advance purchase recommended. 524-3611. 

Paufve Dance “Bare Bones” dance performance featuring new choreography by Randee Paufve and others at 8 p.m. at Western Sky Studio, 2547 Eighth St. Also Sun. at 8 p.m. Tickets are $12-$15. 415-722-2457. 

Trinity Chamber Concerts with Daniel Reiter, cello and Natalie Cox, harp at 8 p.m. at Trinity Chapel, 2320 Dana at Durant. Tickets are $8-$12. 549-3864. 

In the Beginning A fund and awareness raiser for the Origin, an alternative to record labels, with live Hiphop and Drum'n'Bass at the 1923 Teahouse. 415-586-6853. www.originsfbay.com 

June Kuramoto, kotoist, in a fundraiser for West Contra Costa School District’s music programs, at 7 p.m. at Crowden Music Center, 1475 Rose St. Tickets are $20-$35. 841-1356. 

Mumbo Gumbo at 9:30 p.m. at Ashkenaz. Cost is $13. 525-5054. www.ashkenaz.com 

Gabrilla Ballard, New Orleans vocalist, at 2 p.m. at Down Home Music, 10341 San Pablo Ave., El Cerrito. 525-2129. 

Penelope Houston Band, Moore Brothers, and Mike Visser at 9:30 p.m. at The Starry Plough. Cost is $8. 841-2082. www.starryploughpub.com  

Robin Flower and Libby McLaren, progressive folk fusion, at 8 p.m. at Freight and Salvage. Cost is $18.50 in advance, $19.50 at the door. 548-1761. www.freightandsalvage.org 

Oakland Jazz Choir at 8 p.m. at the Jazzschool. Cost is $15-18. 845-5373. www.jazzschool.com 

Henri-Pierre Koubaka, Senegalese folk songs, at 8 p.m. at The Jazz House. Donation $8-$15. 649-8744. www.thejazz- 

house.org 

Afro-Cuban Latin Jazz Project at 8 p.m. at La Peña Cultural Center. Cost is $12-$14. 849-2568. www.lapena.org  

Kurt Ribak Jazz Quartet, original acoustic compositions, at 9:30 p.m. at Albatross, 1822 San Pablo Ave. Cost is $3. 843-2473. www.albatrosspub.com 

Inka at 7:30 p.m. at Nomad Cafe, 6500 Shattuck Ave. 595-5344. www.nomadcafe.net 

Shakedown, Dead Beat at 9:30 p.m. at Blakes on Telegraph. Cost is $6. 848-0886. www.blakesontelegraph.com 

Edmund Welles: The Brass Clarinet Quartet at 8 p.m. at Jupiter. 848-8277. 

Kellye Gray at 8:30 p.m. at Downtown. 649-3810. 

Punk Prom with The Groovie Ghoulies, R’N’R Adventure Kids, Clarendon Hills, at 8 p.m. at 924 Gilman St. Cost is $5. 525-9926. 

SUNDAY, MAY 16 

CHILDREN  

Family Explorations: “Rosie the Riveter” Learn about the non-traditional roles women played during WWII. From noon to 4 p.m. at the Oakland Museum of California, 10th and Oak Sts. 238-2200. www.museumca.org 

Princess Moxie at Ashkenaz at 3 p.m. Cost is $4-$6. 525-5054. www.ashkenaz.com 

FILM 

“The Substance of Fire” Manhattan publishing magnate Isaac Godlhart descends into madness at 2 p.m. at the Jewish Community Center, 1414 Walnut St. Donation $2. 848-0237. www.brjcc.org 

READINGS AND LECTURES 

Brad Herzog describes his road trip across the US after 9/11 in “Small World: A Microcosmic Journey” at 7:30 p.m. at Black Oak Books. 486-0698. www.blackoakbooks.com 

Poetry Flash with Erika Meitner and Sean Thomas Dougherty at 7:30 p.m. at Cody’s Books. Donation $2. 845-7852. www.codysbooks.com 

Christopher Brown and Joel Isaacson, in a conversation about painting at 3 p.m. at Berkeley Art Museum, 2625 Durant Ave.. 642-0808. www.bampfa.berkeley.edu 

MUSIC AND DANCE 

Jazz on Fourth Street with the Berkeley High Jazz Orchestra and Combos, Mark Hummel & The Blues Survivors, and Quimbombó, from 12:30 to 4:30 p.m. on Fourth St. between Hearst and Virginia. 526-6294. 

Berkeley Opera “Acis and Galatea” under the direction of George Thomson at 2 p.m. at Julia Morgan Theater. Tickets are $15-$40. 925-798-1300. www.berkeleyopera.org 

Organ Recital with Sandra Soderlund at 4 p.m. at St. John’s Presbyterian Church, 2727 College Ave. 845-6830. 

Cantare Chorale and Chamber Ensemble “Make Our Garden Grow” at 3 p.m. at First Presbyterian Church, 27th St. and Broadway, Oakland. Tickets are $19-$25. 925-798-1300. www.CantareConVivo.org 

VOCI presents “Songlines” music from Central and Eastern Europe at 4 p.m. at Temple Sinai, 2823 Webster at 28th St., Oakland. Tickets are $12-$20. 531-8714. www.coolcommunity.org/voci 

Young Musicians Program Senior Recital at 3 p.m. at First Congregational Church at Dana and Durant. http://ymp.berkeley.edu 

Flamenco Open Stage with Koko de la Isla at 7:30 p.m. at Ashkenaz. Cost is $9. 525-5054. www.ashkenaz.com 

Americana Unplugged: The Dark Hollow Band at 5 p.m. at Jupiter. 848-8277. 

Loudon Wainwright, III, leading edge singer-songwriter, at 8 p.m. at Freight and Salvage. Cost is $22.50 in advance, $23.50 at the door. 548-1761. www.freightandsalvage.org 

Oakland Jazz Choir at 4:30 at the Jazzschool. Cost is $15-$18. 845-5373. www.jazzschool.com 

MONDAY, MAY 17 

READINGS AND LECTURES 

Noah Levine reads from his memoir “Dharma Punx” at 7:30 p.m. at Black Oak Books. 486-0698. www.blackoakbooks.com 

Robert Jensen urges us to action in “Citizens of the Empire: The Struggle to Claim Our Humanity” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com 

Carla Blank reads from “Rediscovering America: The Making of Multicultural America, 1900-2000” at 7:30 p.m. at the Jewish Community Center, 1414 Walnut St. Co-sponsored by Black Oak Books. 848-0237, ext. 127. 

Poetry Express, featuring Marianne Robinson from 7 to 9:30 p.m., at Priya Restaurant, 2072 San Pablo Ave. berkeleypoetryexpress@yahoo.com 

MUSIC 

John Schott’s Typical Orchestra at 8 and 10 p.m. at Yoshi’s at Jack London Square. Cost is $10. 238-9200. www.yoshis.com 

TUESDAY, MAY 18 

READINGS AND LECTURES 

Rebecca Solnit describes non-violent activist victories in “Hope in the Dark: Untold Histories, Wild Possibilities” at 7:30 p.m. at Black Oak Books. 486-0698. www.blackoakbooks.com 

William Langewiesche introduces us to “The Outlaw Sea: A World of Freedom, Chaos and Crime” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com  

Peter Robb introduces Brazil’s cultural history in “A Death in Brazil: A Book of Omission” at 7:30 p.m. at Easy Going Travel Bookstore, 1385 Shattuck Ave. 843-3533. 

Oliver Said, Maggie Pond and James Mellgren introduce us to Spanish foods and wines in Cesar at 7:30 p.m. at Barnes and Noble. 644-0861. 

MUSIC AND DANCE 

Tom Rigney & Flambeau at 8:30 p.m. at Ashkenaz. Cost is $9. 525-5054. www.ashkenaz.com 

Hanneke Cassel, young Celtic fiddler, at 8 p.m. at Freight and Salvage. Cost is $15.50 in ad- 

vance, $16.50 at the door. 548-1761. www.freightandsalvage.org 

Tierney Sutton Tribute to Frank Sinatra at 8 and 10 p.m. at Yoshi’s at Jack London Square. Cost is $10-$16. 238-9200. www.yoshis.com 

WEDNESDAY, MAY 19 

THEATER 

“Primo” a play by Ed Davidson, on the last days of Holocaust author, Primo Levi, at 7:30 p.m. at the Jewish Community Center, 1414 Walnut Street. Also May 20, 22. Cost is $15-$20. 925-798-1300. 

READINGS AND LECTURES 

Alice Jones and Timothy Liu in an evening of poetry readings at 7:30 p.m. at Black Oak Books. 486-0698. www.blackoakbooks.com 

Café Poetry hosted by Paradise at 7:30 p.m. at La Peña. Donation $2. 849-2568. www.lapena.org 

Berkeley Poetry Slam at 8:30 p.m. at The Starry Plough. Cost is $5-7. 841-2082. www.starryplough.com 

Rick Ayres and Amy Crawford, Berkeley High teachers, introduce us to “Great Books for High School Kids: A Teacher’s Guide to Books That Can Change Teen’s Lives” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com  

Mark Pearson reveals “Europe in a Back-Pack” at 7:30 p.m. at Barnes and Noble. 644-0861. 

MUSIC AND DANCE 

Odile Lavault & The Baguette Quartet at 9 p.m. with vintage Parisian social dance lesson with at 8 p.m. at Ashkenaz. Cost is $9. 525-5054. www.ashkenaz.com 

Whiskey Brothers, oldtime and bluegrass, 9 p.m. at Albatross, 1822 San Pablo Ave. 843-2473. www.albatrosspub.com 

The Duo-Tones, surf music, at 8 p.m. at Freight and Salvage. Cost is $15.50 in advance, $16.50 at the door. 548-1761. www.freightandsalvage.org 

Mitch Marcus Trio at 8 p.m. at Jupiter. 848-8277. 

Cigarillos Hawaiian Night at 9:30 p.m. at Blakes on Telegraph. Cost is $10-$15. 848-0886. www.blakesontelegraph.com 

Tierney Sutton Tribute to Frank Sinatra at 8 and 10 p.m. at Yoshi’s at Jack London Square. Cost is $10-$16. 238-9200. www.yoshis.com 

THURSDAY, MAY 20 

CHILDREN 

Jules Feiffer, cartoonist, at 4:30 p.m. at Cody’s Books on Fourth St. www.codysbooks.com 

EXHIBITION OPENINGS 

Al Honig “Constructions: Robots and Beyond” Reception for the artist, at 5 to 8 p.m. at Oakland Museum of California, Sculpture Court, 111 Broadway. 283-6836. 

“Ancient Icons: In Stone & Gems” paintings and sculptures by Tricia Grame and gems by Roxanna Marinak. Reception from 5 to 8 p.m. at the Craft & Cultural Arts Gallery, in the State of California Office Building, 1515 Clay St., Oakland. 622-8190. www.oaklandculturalarts.org 

READINGS AND LECTURES 

“Julie Mehretu: Matrix 211” gallery talk with curator Heidi Zuckerman Jacobsen at 12:15 p.m. at Berkeley Art Museum, 2625 Durant Ave. 642-0808. www.bampfa.berkeley.edu 

Eoin Colfer, author of “Artemis Fowl” books introduces his new novel “The Supernaturalist” at 7 p.m. at Cody’s Books on Fourth St. www.codysbooks.com 

John Stauber, author of “Weapons of Mass Deception” returns with “Banana Republicans” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com 

Ken Blady presents a slide show and talk on “Jewish Communites in Exotic Places” at 7:30 p.m. at Easy Going Bookstore, 1385 Shattuck Ave. 843-3533. 

Alix Olson, folk poet and queer artist-activist, at 7:30 p.m. at Oakland Box Theatre, 1928 Telegraph Ave. All ages welcome. Tickets are $10. 451-1932. www.oaklandbox.com  

Robert Fuller describes the discrimination of “Somebodies and Nobodies” at 7:30 p.m. at Barnes and Noble. 644-0861. 

MUSIC AND DANCE 

Berkeley High Choreographers present “HumanBeingHuman” at 8 p.m. at the Little Theater, Allston Way. Cost is $5-$10. 

Sanford Arms and Thread at 9:30 p.m. at The Starry Plough. Cost is $5. 841-2082. www.starryplough.com 

“Candela” Afro-Peruvian music with Mochi Parra and Carlos Hayre at 8 p.m. at La Peña. Cost is $12. 849-2568. www.lapena.org 

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

Karashay with Chirgilchin, Tuvan throat singers and didjeridu 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 

“Jaguarundi’s Studio” cutting edge acoustic showcase, at the 1923 Teahouse at 8 p.m. Donation of $7-$15. 644-2204. www.epicarts.org 

Cornelius Boots, clarinet ensemble, at 8 p.m. at The Jazz House. Donation of $8-$15. 649-8744. www.thejazzhouse.org 

Lee Ritenour at 8 and 10 p.m. at Yoshi’s at Jack London Square, through Sun. Cost is $16-$24. 238-9200. www.yoshis.com 

 

 

ª


Jarvis Intended To Bring Chaos To Government

By RICHARD BRENNEMAN
Friday May 14, 2004

The plight of California’s cash-strapped cities and counties would have delighted the man many say is most responsible for the increasingly serious fiscal crises confronting local and regional governments. 

Following a 1977 speech to the Malibu Rotary Club, an inebriated Howard Jarvis—the 74-year-old co-author and prime mover of Proposition 13—told this writer that he had created the landmark California initiative “to demolish local government and eliminate all the bureaucracy.” 

Soaring real estate prices matched by rapidly escalating taxes spurred California voters to pass Prop. 13 the following year. As a direct result of the initiative’s mandates, property tax bills fell by an average of 57 percent in the next year.  

A one-time Utah newspaper publisher, Jarvis made no secret of his anti-statist beliefs, which he passed on to numerous recruits. One of his earliest and most passionate converts was a libertarian and major Santa Monica property owner named Arnold Schwarzenegger. 

During his run for the governorship almost three decades later, Schwarzenegger rebuked his own campaign economic adviser, billionaire investor Warren Buffet, after Buffett called for reforms to the Prop. 13 provisions in order to provide an increase in California property taxes. “Mr. Buffett doesn’t speak for Mr. Schwarzenegger,” declared campaign spokesperson Rob Stutzman, who then told the press that Schwarzenegger admired Jarvis “and has referred to him as the original terminator.” 

The results of Jarvis’ relentless campaigning, while fully compatible with his smash-the-state fantasies, have proved a double-edged sword. California has become a state which penalizes young couples buying their first homes, while rewarding older taxpayers who have seen inflation send their home values home soaring far above their property taxes. 

Thus a first-time owner of a modest, 1,200-square-foot two-bedroom home in the Berkeley flats may pay four or five times the taxes paid by the longtime owner of a million-dollar-plus, 7,000-square-footer in the hills above the city. 

Prop. 13 also provides the same breaks for corporate owners, leading to the peculiar result of a long-established large manufacturing plant paying less taxes than a recently purchased small apartment building—exactly as Jarvis had intended. 

One side effect of Jarvis’ campaign has been to create a state that is dominated by regressive taxes and fees that fall heaviest on the poor, according to the California Budget Project. By 2002, the lowest one-fifth of working age California taxpayers shelled out 11.3 percent of their incomes in state and local taxes, while the richest one percent of Californians paid only 7.2 percent. 

Though Jarvis died 18 years ago, his legacy lives on, gaining in significance and impact with each passing year.


Marin’s Samuel Taylor Is a Throwback To The 19th Century

By MARTA YAMAMOTO Special to the Planet
Friday May 14, 2004

Suddenly it hits you. You’ve had one of those weeks. You need a vacation. Unfortunately, vacation time and resources are not available. Is there somewhere you can go? Somewhere you can be as active or passive as you want within an environment that gives you an opportunity to relax, reflect—catch your breath?  

There definitely is, but certain criteria need to be met to ensure an enjoyable day. Your destination needs to be relatively close to home, within one to one and half hours. Scenic, in a natural setting. Close to water, like a lake, a creek, or the ocean. Somewhere to walk or bike along trails. Picnic facilities available, a table and grill. 

Samuel P. Taylor State Park, in central Marin County, is a great place to spend your one-day getaway. Less than one hour from San Francisco, set among towering coastal redwoods and Papermill Creek, this 2,882-acre park provides enough options to satisfy every member of an outdoor group or family. Below the canopy of redwoods, broadleaf maples and white alder—among the ferns and spring wildflowers—thick leaf litter below your feet—listening to the sound of water tumbling over smooth creek boulders—there, you’ll find yourself releasing the tensions of a busy life. Regardless of the season, a visit here is always a memorable experience. 

Samuel P. Taylor—the man for whom the park is named—was lured to California by the gold rush but entered the lumber business after reaching San Francisco. He first saw the park area in 1854, when he purchased 100 acres of timberland. Rather than starting a logging business, Taylor constructed the first papermill west of Pennsylvania. Around 1870, he and his wife opened a nearby summer campground for city children and their parents. Camp Taylor, along with a narrow gauge railroad and a resort hotel—the Azalea—made Taylorville one of the most popular weekend recreation areas of the late ‘70s and early ‘80s. 

Today, the Azalea is gone but Camp Taylor still exists, and options are numerous for the active part of your day. There are 10 miles of hiking trails within the park crossing the cool, shaded canyon floor and running up the northern slopes to dry, open grasslands at the summit of the hills. 

The North Creek Trail and Ox Trail follow tree-lined Papermill Creek for a level mile to the Old Mill Site and the swimming hole, with plenty of creekside access along the way. A self-guiding brochure, “Historical Trail Guide,” explains the nine numbered posts on your route. From the large redwood stump in the picnic grounds (a reminder of the giant redwoods once part of the area), to the spreading pond in the shallow creek at the end of the trail (a natural swimming hole for over 50 years), you can step back in time as you enjoy these spots.  

Following the smaller Wildcat Creek up into Wildcat Canyon is the 2.2 miles Pioneer Tree Redwood Ecology Nature Trail. The self-guiding brochure that accompanies this hike points out the relationships between flora and fauna in this coastal redwood ecosystem: Coast redwoods, California bay, tanoak, Pacific madrone, hazelnut, bracket fungi, fox, raccoon, stellar jays, ravens, and vultures all interacting with the sun, wind and water to create this unique environment. On the open grassland, hiking trails and fire roads meander through the hills up toward Barnabe Peak at 1,466 feet, where raptors soar over views of the rolling countryside. This area appeals to our need for open spaces, the warming rays of the sun, the brisk chill of the wind, and uphill walking. 

Bikes are permitted in developed areas and on paved trails.  

The Old Railroad Grade, closed to vehicles, scenically follows the creek, passed the Swimming Hole, to the town of Tocaloma. This gentle, nearly level, three-mile route is ideal for families. The grade also runs east of the main grounds, following a wide dirt trail, about two miles, to the Shafter Bridge. 

After your activities, be sure to allow time for the passive part of your day. The Azalea picnic area, under the redwoods and along the creek, is equipped with picnic tables and cooking stoves. It’s the ideal location for some serious eating and relaxing, while reflecting on the beauty around you. Take yourself down creekside to sit, wade, or just wet your feet. 

At Samuel P. Taylor State Park, the whole is definitely greater than the sum of its parts. Ù


Cartoon

Justin DeFreitas
Friday May 14, 2004

Cartoon by Justin DeFreitas°


Opinion

Editorials

‘Throatox’ Shot Gives Voice a Lift

By BLAIR GOLSON Featurewell
Tuesday May 18, 2004

Has your voice turned a bit raspy over the years? If so, it's likely that your vocal cords have gone the way of your chin: slack and draggy. But now that injecting botulism into your neck have spruced things up in the face department, why not give the vocal cords a little firming up? 

At the Manhattan offices of Dr. Peak Woo, a potion made from the ground-up skin of human cadavers does just that. 

The painless neck injection will leave your voice silky-smooth. If evidence suggesting that your body will eventually incorporate the dead tissue, making it into your own, creeps you out, just think: What could be more horrifying than to be a 50-year-old with the face of Britney Spears and the voice of Charlotte Rae? 

While these kinds of surgeries—call it throatox—have been taking place in hospitals to reverse birth defects and restore voices to people who have suffered trauma to their necks for ages, that kind of work used to require invasive surgery—and a hospital stay. Now that Dr. Woo has found that injecting cadaver skin into the neck does the same thing, the Mt. Sinai Medical Center otolaryngologist is offering throatox to the masses. 

The substance behind this quasi-Frankensteinian form of cosmetic surgery is called Cymetra, and Dr. Woo thinks it will do for vocal cords what Botox did for facial wrinkles. 

“If you can have a Botox injection to correct wrinkles, why would you go for a face-lift?” he said. “Similarly, in this case, it’s a complicated surgical procedure versus an in-office injection.” 

Dr. Woo, a trim 50-year-old with medium-length, spiky black hair, has an office on Park Avenue, where in the four years that he has been using Cymetra, he said, he has only come across a handful of people who felt squeamish about Cymetra’s source. 

Cliff Marks, on whom Dr. Woo performed the Cymetra procedure last year, had no reservations about using the dead skin. 

“I was happy to have anything that would help me speak better,” said Mr. Marks, a 42-year-old advertising executive who has been hoarse all his life. “When you have vocal issues and you can’t use your vocal cords like you’d hope, any hope that the doctor gives you to make it better is a solution.” 

Mr. Marks first came to Dr. Woo to have a polyp removed from one of his vocal cords. During the surgery, Dr. Woo noticed that Mr. Marks had been born missing a small piece of one cord. 

“I had never realized that,” Mr. Marks said. “I just thought, ‘Hell, I’m hoarse, what can I do?’” 

Dr. Woo recommended the Cymetra injection to correct the deficiency. 

“He gave me a basic understanding that it came from donated tissue,” said Mr. Marks. “I didn’t have any problems with it at all … nor did I seek approval from any [friends or family].” 

To perform the new procedure, which he generally does in his office, Dr. Woo first numbs the patient’s neck with Novocain. Through the nose he will then pass a fiber-optic laryngoscope, which displays a picture of the patient’s throat on a monitor. He will then take the needle and thread it through the neck, near the Adam’s apple, and make the injection in the vocal fold itself. The improvement to the vocal cord should take two to four weeks. After 10 minutes of observation, the patient goes home. 

Cymetra is made solely by a New Jersey.–based biotech company called LifeCell, which first rolled out the product in late 2000. Donated skin has been available for uses like skin grafts on burn patients since 1985, but its emergence in injectable form was unique to LifeCell’s efforts. According to the company’s chief financial officer, Steven Sobieski, the company makes Cymetra by taking donated human tissue, stripping it of all its blood, and its top, epidermal layer, until all that remains is several layers of collagen and proteins. The skin is then freeze-dried with liquid nitrogen, minced into tiny particles and put into syringes for packaging. Doctors on the receiving end turn the powder into an injectable paste by drawing up saline solution into the syringe. 

“All the things we’re trying to do in surgery is getting the [folds] back together again so they can vibrate,” said Dr. Steven Schaefer, chairman of the department of otolaryngology at New York Eye and Ear Infirmary. 

LifeCell had originally envisioned Cymetra to be used as a way to erase scars, but when Dr. Woo heard about the new substance, he was the first one to suggest its use in vocal-fold augmentation, or “voice-lift” surgery. And after some initial success in animal subjects, Dr. Woo won approval to begin using it on humans. In 2002, he published the first peer-reviewed study on its use in otolaryngology. 

There are now only a handful of doctors across the country who use Cymetra. Dr. Jonathon Aviv, director, division of laryngology, at Columbia University Medical Center and a colleague and friend of Dr. Woo’s, wants to wait to make sure there are no long-term adverse effects before he starts offering Cymetra to patients. 

Dr. Woo, for his part, has yet to find any adverse reactions, but he said that in about 20 percent of his patients the Cymetra will be partially absorbed by the body, necessitating another injection. Many of the patients who got one of his Cymetra injections four years ago, however, never needed another visit. In fact, one of the main reasons Dr. Woo has become such a true believer in Cymetra is that, unlike other injectable substances like collagen or fat, Cymetra appears to mesh perfectly with the vocal cords, causing no allergic reactions or swelling. Indeed, LifeCell claims that in animal studies the material will actually bond with the body’s living tissue and allow blood supplies to grow through the Cymetra. Although Dr. Woo has not been able to confirm that claim, he does say that that might account for a peculiar phenomenon he has witnessed in Cymetra patients. 

“We have seen that some people, a year after you do their injection, their voice keeps getting better,” he said. “You first put it in as soft-tissue filler, but then that tissue becomes more robust.” 

Although Cymetra has been around since early 2000, its use in vocal-fold augmentation has only recently begun to increase in popularity. Dr. Woo, director of the Grabscheid Voice Center at Mt. Sinai Medical Center, now performs about one per week. 

Done right, the injection will plump up the limp vocal cord, making it stronger, and hence less gaspy and better able to regulate pitch. 

“If you can hand people back their whole voice strength and their pitch, you have turned back the clock a little bit,” said Dr. Stephen Rothstein, associate professor of otolaryngology at New York University Medical Center, who has done three Cymetra injections in the past six months. 

Of course, one must consider the source—cadaveric tissue. 

“There are some patients who say, ‘No, I don’t want skin from another person,’” said Dr. Woo, “But that’s not a reasonable concern,” because the skin has been completely sanitized and stripped of all identifiable elements, he said. 

The vocal folds, like any other muscle, atrophy with age, and can lose some of their bulk. When that happens, air rushes out in breathy, gaspy bursts, and the pitch of the voice starts to change. 

“You’ll have a guy in his seventies, and he complains that when he answers the phone, the person on the other side thinks the guy is his wife—because the pitch in his voice has gone up,” said Dr. Rothstein, who also has a private practice at NYU “[Conversely,] you’ll have a female in her seventies and the perception is that it’s a guy on the phone.” 

“If you’re older and you’re a C.E.O. of a company and you’re not speaking effectively, is that vanity or is that functional?” Dr. Andrew Blitzer, director of the New York Center of Voice and Swallowing Disorders at Roosevelt–St. Luke’s Hospital Center. “What you’re doing for a living is being diminished as a result of your communicative inability. That is a functional impairment.” 

But Dr. Aviv, of Columbia, says interest is spreading to the vain malingerers of Manhattan's Upper East Side. 

“Do people come in saying ‘I want my voice to sound like I was when I was 45’?” said Dr. Jonathan Aviv, “Sure, we hear that all the time.” 

Of course, as long as there are novel plastic surgeries, there will be people with obscure maladies—are deformed vocal folds the new deviated septums?—who need them medically. 

And, for what it’s worth, according to Dr. Blitzer, you can only turn back the laryngeal clock so far. 

“I don’t think if you take someone who is older and they have a raspy voice, that you can do this operation and make people think they’re 30 years old,” he said. 

But there is, he said, only one way to find out.›


Editorial: Taking an Acrimony Break

Becky O'Malley
Friday May 14, 2004

Over the past three months we have received and printed many letters from correspondents with a variety of points of view on the Israel-Palestine situation. We’ve received letters from people who describe themselves as Jewish, both by heritage and by rel igion, criticizing the actions of the government of Israel. We’ve gotten letters from people describing themselves as having such backgrounds which defended the government of Israel. We’ve had letters from people who make no reference to their religious b ackground which were both pro and con the Israeli government. We’ve printed letters attacking the actions of the Palestinian insurgents, and letters defending them.  

We have not received or printed a single letter attacking the Jewish religion. There may be people out there who equate the actions of the Israeli government with Jewish religious belief and/or ethnicity, but they haven’t written to the Planet. 

This week we received a particularly vicious letter attacking the Islamic religion from a correspondent who was not ashamed to sign his name and telephone number, and we’re finally fed up with this discussion. We’re not going to print it, at least not for now. 

The Berkeley Daily Planet is hereby declaring a 30 day cooling off period—a moratorium on all letters discussing the Israel-Palestine controversy. 

Many of our readers, in communications not intended for publication, have let us know that they think we’ve already devoted too much space to the topic. They say they’re just tired of hearing about it. 

We’ve gone on printing the letters for two reasons. First, much of the American press is afraid to touch the situation—it’s the real third rail in American journalism. (This is in pointed contrast to a substantial number of members of the Israeli press, which we read on the Internet, who are not afraid to criticize their own government.)  

Second, the Planet has been the subject of an organized campaign by people who describe themselves as pro-Israel, calling our advertisers and asking them to stop advertising in the paper, which they accuse of anti-Semitism. (With friends like this, Israel hardly needs enemies.) Our advertisers, to their eternal credit, have called us to report these incidents, and have refused to cancel their ads. In at least one case, an advertiser who has a small family-run franchise business interpreted the call he received as a threat to put him out of business. He hung in there anyhow. Another advertiser, who described himself as a not-uncritical supporter of Israel, suggeste d that the best solution would be for the Planet to refrain from any discussion of international topics, but we declined that option.  

We wanted to make sure that this smear campaign would fail, so that we didn’t give the impression of bending to inappro priate pressure. We’re glad to say that the campaign has indeed failed; our advertising continues to grow. So enough already, we’re not going to print any more nasty letters for a while. 

We will avail ourselves of editorial privilege and have the last wo rds on the topic before the moratorium starts. If there is ever to be a just peace in the Holy Land, would-be American supporters of Israel should learn that opposition to the policies of the current government of Israel is not nearly the same thing as an ti-Semitism, which many Israelis already know. And also, terrorist actions by semi-crazed Palestinian fanatics who adhere to the Islamic faith, though reprehensible, are not an indictment of either their religion, which has many peace-loving adherents aro und the world, or of their Arabic ethnicity. Most Muslims are not terrorists, many Muslims are not Arabs, many Arabs are not Muslims. If you’re going to argue for your opinion, at least get your terminology straight.  

 

—Becky O’Malley