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Jakob Schiller:
          Berkeley firefighters clean up after a fire ripped through a house on the 1500 block of Allston Way Thursday afternoon. The fire claimed the life of the elderly woman who owned the property.?
Jakob Schiller: Berkeley firefighters clean up after a fire ripped through a house on the 1500 block of Allston Way Thursday afternoon. The fire claimed the life of the elderly woman who owned the property.?
 

News

Elderly Woman Dies In Berkeley House Fire

By JACOB SHCILLER
Friday July 09, 2004

Larnice Holliman, an 87-year-old Berkeley woman, died Thursday afternoon in a fire that swept through her one-story wood-frame house in the 1500 block of Allston Way.  

Holliman was identified to the Daily Planet by neighbor Gary Gunn. A spokesperson for the Berkeley Fire Department said that the department was not allowed, by law, to release the names of victims, and the Berkeley Police Department did not answer telephone inquiries by press time. 

Gunn, a tenant who lived in an apartment/work space in the rear of the building, said he and an assistant were making electronic guitar sound pickup units when they smelled smoke. 

“I said ‘This is not barbecue smoke,’” Gunn said. 

After breaking down the connecting door between the two units, Gunn said he was overpowered by the dense black smoke pouring out of his landlord’s apartment. Unable to enter, he called 911, then began hosing down the rear of the building to prevent the flames from spreading. 

“I knew she was in there but I knew she was already dead,” Gunn said. 

By the time firefighters arrived five minutes later, five and six-foot flames were pouring out the windows, Gunn said. “They had it extinguished within 15 or 20 minutes,” he added. 

Gunn said Holliman was a smoker and disabled. He heard she had a history of strokes and was suffering from arthritis, bad feet and bad eye site. “But she was still lucid,” said Gunn. 

Holliman’s grandson also lived on the property, but was at work at the time of the fire, Gunn said. By Thursday evening, Holliman’s next of kin had been notified of her death, and her body had been released to the Alameda County Coroners Office.›


Landlord Leader Says Section 8 in Trouble

By MATTHEW ARTZ
Friday July 09, 2004

The former head of a local African American landlords association has charged that the Berkeley Housing Authority’s new Section 8 rules will result in a severe reduction in available Section 8 housing and a drop in minority renters using the program. 

Jim Smith, a Section 8 landlord and current vice president of the Berkeley Property Owners Association (BPOA), warned that the new rules could push landlords out of the Section 8 program just as the city is about to exhaust its limit of allotted 1841 Section 8 vouchers.  

“Believe me, when landlords learn that they won’t have the guarantee of a market rate they are going to leave the program,” he said.  

The Berkeley Housing Authority, facing federal cutbacks and a scathing audit report that found some landlords were receiving higher than market rate rents, is tightening its rules for overseeing the city’s Section 8 housing stock. 

In a July 1 memo, the housing authority warned that requests for rent increases would be denied unless the landlord could “clearly” show that the unit in question was below market and that it would slash rents for Section 8 units found to rent for above comparable market rate apartment units within the same apartment building. 

But an outflow of landlords from the Section 8 program, as predicted by Smith, like the one which happened after the repeal of rent control on vacant apartment units sent rent prices surging, would cost the housing authority precious federal funds. 

Smith, who until recently had headed the Black Property Owners Association, said he met with eight Section 8 landlords Saturday to discuss the new rules and begin planning a response that could include a legal challenge. 

Through Section 8—the federal government’s most popular low income housing program—tenants pay 30 percent of their income towards rent while the housing authority uses federal funds to pay the remainder. 

Berkeley Housing Director Steve Barton said the move is in response to a Bush administration policy capping the average housing assistance payment the housing authority can pay to landlords.  

Already the housing authority pays on average $10 more per one-bedroom unit than the $1,039 set by the Department of Housing and Urban Development HUD, Barton said. The differential is estimated to cost the housing authority $200,000 this year as it struggles to remain solvent. 

Barton said the memo doesn’t change Section 8 rules guaranteeing landlords a market rent; it simply warns them that rules long ignored will now be enforced.  

By law the housing authority is required to make annual market rent determinations for all of their units. However, a report from an independent auditor, released last spring found that among other shortcomings, the housing authority failed to calculate market rents and opted not to reduce rent subsidies even in the declining rental market. 

After years of receiving below market rents, Section 8 landlords have enjoyed years of rising federal subsidies to catch up with the market. But when Section 8 rents attained parity in 2002, local rents started dropping, while the housing authority kept Section 8 rents stable. 

The upshot, Barton said, is that some Section 8 landlords now receive higher than market rent. He insisted the new policies would still guarantee landlords the high end of market rent. 

But Smith countered that Section 8 landlords, who, he said are disproportionately older minorities with few apartment units and many long-term tenants, need the higher rents from Section 8 to offset below market returns they receive from rent controlled units. 

“A lot of minorities are stuck with people paying 50 percent of market,” he said. “There is an injustice when the rules for above market units all of a sudden change, but the rules for below market units stay the same,” he said. 

Smith also fears that with the Bush Administration calling for millions in Section 8 cutbacks, once Berkeley rents start rising again, Section 8 units won’t be able to keep up.  

“When rents start going up, nobody is going to make sure Section 8 goes up too,” he said. “The government doesn’t work that way.” 

 

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Oakland Detectives Seek Sorenson’s Killer

By RICHARD BRENNEMAN
Friday July 09, 2004

Oakland Police are continuing to seek the gunman who murdered Nyima Sorenson, a young Berkeley man, outside a tavern in Rockridge shortly minutes before 2 a.m. on June 25, said Homicide Lt. Jim Emery said Thursday. 

“We’re still working on it and following leads,” Emery said, “but we don’t have any information we’re able to release at this time.” 

Sorenson was celebrating his 26th birthday with friends and family when the gunman confronted him shortly after the group left The Hut, a bar in the 5500 block of College Avenue. 

The gunman fired one shot from close range when Sorenson refused his demand for cash. Though several of the young man’s friends gave chase, the shooter escaped.  

Sorenson died four hours later at Highland Hospital, according to the Alameda County Coroner’s office, age 26 years and six hours. 

Sorenson was a familiar figure at Berkeley High School where his mother, Madeleine Scott, serves as a counselor. While working toward his undergraduate degree at Cal, Sorenson tutored students at Berkeley High. 

Terri Goodman, a BHS counselor and friend of the family, said “all of the counselors have been devastated. We were going to be doing some work this summer, but we’ve all been too busy dealing with the grief. 

“He was the sweetest, sweetest young man. I can’t even envision him without a smile—he was always smiling, always helping people. 

“I saw him the day before, and he was out in the yard doing all the heavy gardening work for his mom. He was always helping his mom and helping others. We were at their house for Thanksgiving, and he was all dressed up in a suit because he was serving. He wanted to make it seem like a really special occasion.” 

Sorenson wanted to teach, and was scheduled to attended California State University, Hayward, to work on his teaching credential. 

“He would’ve been an awesome teacher,” Goodman said, “because the kids loved him. It’s one of those totally illogical, incomprehensible things that we lost him. He was someone so alive that it’s almost impossible to imagine he’s not there any more.” 

Friends created a small shrine near College and Lawton avenues at the site where he was fatally wounded. 

Sorenson’s parents, Madeleine Scott and Michael Sorenson, held a private memorial service earlier this week in their Berkeley home.?


Berkeley Plays Host to Middle East Students

By MATTHEW ARTZ
Friday July 09, 2004

Dana Rassas has done her fair share of traveling, but when the 24-year-old Jordanian decided her latest adventure would take her to Israel for a masters program in environmental studies, she was hesitant to spread the news. 

“There are still a lot of people I haven’t told,” she said. Those she has confided in have offered mixed views. “Some people said ‘How can you do that?’, but after I explained it to them they said ‘OK.’” 

Rassas says her rationale is simple. Because her field of study—the dire water shortage in the Middle East—ignores political and cultural boundaries, she needs to do so as well. 

The school Rassas selected, the Arava Institute for Environmental Studies located in rural southern Israel, sees as its mission not only to teach ecology, but to expose students from the Middle East and across the world to differing cultures, religions, and political perspectives. 

This summer, Rassas is among six Arava students—two Jordanian Muslims and four Israeli Jews—living with host families in Berkeley and interning with Bay Area environmental organizations as part of the school’s Environmental Leadership Exchange funded by a State Department grant.  

Last week they, along with 18 classmates interning elsewhere in the U.S., visited Capitol Hill to explain their exchange program to government officials and lobby for continued funding. They were to be joined by three Palestinian Arava alumni from Gaza, but an Israeli military blocade kept the students from attending their scheduled visa interview at the U.S. embassy in Tel Aviv. 

The Arava institute is located on Kibbutz Ketura, a communal farm in the southern part of Israel’s Negev Desert, near the Jordanian border. The school, founded in 1986 to introduce students from across the Middle East to the region’s ecology as well as to each other, strives for a diverse student body, with students coming from the Middle East, the U.S. and the rest of the world. 

Michael Cohen, Arava’s North American Coordinator, said the marriage of environment and politics allows students the latitude to share perspectives.  

“Their concern for the environment acts as the glue and gives them a playing field to let them deal with the political issues,” he said.  

Wednesday night, five of the six students staying in Berkeley seemed like old relaxed chums as they discussed their experiences before about 40 guests at the Berkeley Richmond Jewish Community Center. They admitted that in contrast, upon their first arrival at the kibbutz they were a bundle of nerves. 

“We didn’t sleep at the beginning,” said Ilana Malleam, a 26-year-old British-born Israeli working to provide sewage and other services to Israel’s desert tent dwellers, known as Beduins. “We were so interested to learn about each other’s cultures and what life was like on the other side.” 

Their initial conversations focused on culture and the environment, and nobody was particularly eager to throw politics into the mix. 

“I was afraid it would destroy the friendship we had made through our daily lives,” said Noa Milman, a 25-year-old Israeli. 

But avoiding politics is not an option at Arava. The program includes a mandatory weekly peace building seminar, which the students said was valuable, though not always a highlight. 

“They had to drag me to it,” Rassas said. “It was emotionally draining. Not only do you have to talk about your views, but you have to try to understand other people and keep an open mind. That is too much for me.” 

Rassas said her biggest shock was to learn that her Israeli classmates had little religious faith. “I thought, well at least we have one belief in common, but they were like, ‘God? What’s that?’” 

Mohammed Taher, a Jordanian studying sustainable agriculture, said the students, both Arabs and Israelis, still disagreed on much, but that despite their struggles the dialogue was necessary. 

“We have to talk because we are environmentalists. The air and the water don’t know borders,” he said. “A good environment needs a stable political situation and turning our backs on what is happening will not change anything.” 

Now nearly half a world away, the three students from Gaza provide a constant reminder of the turmoil and violence that continues to plague their homes. 

“They honestly believe in co-existence and the environment and the only problem they had is that they were from Gaza,” Taher said. “They are with us emotionally.” 

Had his classmates been able to enter the U.S., they likely would have had to go through the same grueling airport interrogation that Taher faced upon arrival in New York City. 

“It was a very horrible experience,” he said. During a four-hour internment, customs officers ordered him to empty his suitcase and reload it and register with federal authorities. In addition, he was asked a series of questions including “Are you a terrorist?” and “Have you dealt with terrorist organizations?” 

Taher has to alert federal authorities of all the addresses he plans to stay at, a tough chore considering next week he and Malleam are set to drive from Seattle to San Diego in a hybrid car as part of a Sierra Club program to promote fuel-efficient vehicles. 

The students hope to work for international environmental organizations when they graduate. Rassas said that perhaps one day she would like to work for the Jordanian Ministry of Municipal, Rural and Environmental Affairs, but at the moment she’s been told she’s “too [environmentally minded] for them to feel comfortable hiring me”. 

For now, however, the students are happy to take their friendships to Berkeley. When Wednesday’s event wound down the five students began their latest round of negotiations: Where to hit the town. The Israelis wanted beer and the Jordanians don’t drink. It’s not an uncommon dilemma, Rassas said. “I’m going to have to make sure we go someplace where they have dinner.”?


Homebound Rely on Tele-Care Calls for Contact

By JAKOB SCHILLER
Friday July 09, 2004

Sometimes all it takes is a phone call.  

That’s the premise a group of Berkeley-based volunteers works from as part of an organization called Tele-Care, which places daily calls to people living in convalescent homes, the homebound, and those living in isolation. 

Operating in three counties, Alameda, San Francisco, and Contra Costa, the program is housed at Alta Bates Summit Medical Center’s Herrick campus in Berkeley. 

A five-day-a-week operation, the program is set up to check in on people but has also developed into a social scene of sorts. Many call recipients, say organizers, wait for the phone calls because they sometimes represent the client’s only contact with the outside world. Others have developed lasting relationships with the volunteer callers. 

“[The calls] keep the wind to my back so I can walk up the hill, the hills of mistrials, the hills of loneliness,” said Freddy (program directors would not release last names). Freddy, who has been on her own since 1978 and is now 83, said she relies on Tele-Care as part of her daily routine, that “God willing,” has allowed her to stay positive and healthy. “Tele-Care is very close to my heart, they are very warm people,” she said. “If only I could speak like Martin Luther King, Jr., I would tell them how much I appreciate them.” 

According to Sabra Learned, the program director, Tele-Care was launched in 1970 when a group of nurses from the Herrick campus started calling their discharged patients to check in. Even though the patients were well enough to go home, Learned said the nurses knew they still needed care while transitioning back to their lives and often times one call a day was enough to get them through. 

“We really try to acknowledge them as people and viable members of the community,” Learned said. “Socially these people feel cared for and connected.”  

Since then, however, the program has grown exponentially and includes an extensive group of volunteers, several of whom have been with the program for 20 plus years, and at least a couple who have been there since the beginning. The program is funded through grants, direct donations as well as matching funds from Alta Bates Summit Medical Center, which provides them free office space and covers their phone bill. 

In addition to social care, the program provides preventative health care. Besides calling to say hello, volunteers check in and see how the clients are feeling and are often able to intervene if medical attention is needed. 

One client, said Learned, once was unable to pick up the phone but instead knocked it off the ringer, tipping callers off that something was wrong. Tele-Care called 911, and an ambulance rushed the woman to the hospital just in time to save her life. 

Program volunteers also correspond with clients, always making sure to send cards on birthdays and holidays. 

“Each day I look forward to the different person who calls me,” said Reva, 82. Instead of just one caller to one client, each client is assigned to several different callers, depending on how many days a week the clients request to be called. “I’d be lost without it,” Reva added. 

Reva said that even though she lives in a senior housing facility of over 250 people, she’s only made two close friends since moving there, and relies on Tele-Care for a large chunk of her social interaction. The added benefit, she said, is that she’s developed lasting relationships with several of the callers. 

“I’m very particular about the company I keep and you don’t make friends fast as an old person,” said Reva. “But these people who call me, they are truly concerned about me in a deeper way. I feel someone truly cares about my social welfare.” 

 

Tele-Care is always expanding, according to Sabra Learned, and the program is currently looking for clients. The service is free, and all people need to do to get involved is call the program office at 204-4487. Volunteers are at phones from 8:30 a.m. to 11:00 a.m. Monday-Friday but callers can leave a message at any time. 


Grand Jury Report Criticizes Medical Center Operation

By MATTHEW ARTZ
Friday July 09, 2004

The Alameda County Medical Center—the only option in specialized medicine for Berkeley’s roughly 10,000 uninsured residents—has been driven to the brink of financial collapse by poor management and lax county oversight, according to a report released Tuesday by the Alameda County Civil Grand Jury. 

“The [Alameda County] Board of Supervisors and later the [medical center] board of trustees allowed top managers over the years to ignore efficiency and responsibility,” wrote members of the civil grand jury, a 19-person board nominated by Superior Court judges to investigate public institutions in Alameda County.  

The medical center comprises Oakland’s Highland Hospital—which serves the majority of Berkeley trauma and emergency patients—as well as San Leandro’s Fairmont Hospital, John George Psychiatric Pavilion, and three county outpatient clinics.  

Mike Brown, a medical center spokesperson, said the report was on the mark and that new management was making progress at addressing critical problems. 

After years of poor financial returns, the medical center, which as a public hospital facility is required to care for the uninsured, hit bottom last year. With the ranks of uninsured patients swelling and employee benefits and drugs costs rising, the center’s budget deficit soared above $70 million.  

In response, under heavy pressure from the Alameda County Board of Supervisors that appoints it, the 11-member board of trustees cut $23 million from its budget, closed two of its five clinics, and fired the center’s CEO last summer. Immediately after the vote, five trustees quit in protest.  

In February a new board of trustees installed Tennessee-based turnaround specialist Cambio Health Solutions to analyze the center’s finances at a cost of $3.2 million over 18 months.  

Earlier this year Cambio released a report finding that among other failings the center has lost roughly $10 million by failing to bill 36 percent of its accounts receivable. Cambio has calculated the center’s current fiscal year budget shortfall at $62 million.  

Cambio has since come under union attack for its plan to cut an estimated 340 jobs as part of a $23 million budget reduction.  

In May, the board of trustees agreed to expand Cambio’s duties and payout after the consultant group dismissed the interim management team hired shortly before its arrival. Cambio was granted slightly more than $1 million to hire four new interim managers. 

The grand jury cautioned the board against recklessly agreeing to any fee increases for Cambio or approving recommendations that could hinder patient care, but said neither of the center’s last two CEOs was “competent to deal with the financial crisis of the medical center.” 

In all the medical center has had nine CEOs in the past 11 years, including three in one week last May. According to the report, “as a result of turnover in the CEO position, the administration is in shambles. ... Entire departments of employees have not received sufficient training or supervision to be able to adequately perform their duties.” 

Without strong management, the grand jury concluded that the center, while improving patient care, developed a culture of wastefulness.  

When computers broke down, for instance, instead of repairing them, the medical center replaced them with the high-end models while running outdated software. 

In November, Alameda County voters approved Measure A, a half-penny sales tax increase to generate $70 for the medical center. Although the measure should assure the center a stable revenue base, the grand jury warned that if the medical center did not improve its business practices, it would squander the new money and “rapidly deteriorate into a far worse crisis.” 

Brad Cleveland of the Service Employees International Union Local 616 charged that by seeking so many staff cuts, consultant group Cambio was risking patient care and violating the spirit of Measure A. 

“The people of Alameda county clearly want to preserve access to medical care,” he said. “Why Cambio and the board have all chosen to ignore that is baffling.”m


Berkeley Job Consortium Closes Doors for Good

By AL WINSLOW and MATTHEW ARTZ
Friday July 09, 2004

The roughly 12 employees of the Berkeley Jobs Consortium—who have devoted their time to helping some of the area’s most at-risk residents find work—might now find themselves in the unemployment line. 

This week, the consortium closed its doors after serving thousands of clients since it opened in 1988.  

A sign in the nonprofit’s window at 2801 Telegraph Ave., read “Attention all clients: Due to a lack of funding, Jobs Consortium cannot provide services until further notice.” 

The nonprofit organization provided job counseling and arranged interviews, mostly for homeless residents and recovering addicts. According to its website, 54 percent of its clients were long-term homeless and 52 percent suffered from disabilities. Founding Director Michael Daniels said it served 700 and 800 clients a year on a $1 million budget. 

The federal Department of Housing and Urban Development had provided 80 percent of the jobs consortium’s funding on the condition that the nonprofit raise the remaining $200,000 from local sources. 

This year that funding didn’t materialize. The city, as part of its plan to shift homeless dollars to programs that actually provide housing, opted not to fund the program. 

Councilmember Dona Spring, who had lobbied during budget negotiations to provide the program $19,000, lamented its demise.  

“Other organizations got a three percent to 10 percent cut, it didn’t seem fair for them not to get anything,” she said. Still, she didn’t think $19,000 would have been enough to save it.›


Berkeley Commemorates Famed Poet’s 100th Birthday

By JAKOB SCHILLER
Friday July 09, 2004

I am weary of the strong sea 

and of the mysterious earth 

 

I am weary of chickens: 

no one knows what they’re thinking, 

and they look at us with dry eyes 

and consider us unimportant 

 

These and many other verses written by the world renowned poet and novelist Pablo Neruda will be heard ‘round Berkeley as the city commemorates the great poet’s 100th birthday with a full week of events starting Sunday with a Nerudathon at the La Peña Cultural center. Beginning at noon, readers are invited to help La Peña fill 12 straight hours with the poems of Neruda to celebrate the Chilean poet’s birthday. 

“We wanted to be part of the celebration,” said Fernando Torres of La Peña. “We all love Neruda. We believe that it’s not the voice of poetry, it’s the voice of something else. He was always in touch with the reality of all Latin America.” 

The event is sponsored by a group called the Colectivo de Amigos de Neruda, or the Friends of Neruda Collective, which gathers regularly at each other’s houses to eat and read Neruda’s poetry. 

At the event, Neruda’s poetry will be read in various translations including English, German, French and Arabic. On Thursday, La Peña will sponsor a film and then two more musical performances next Friday and Saturday. For more information contact La Peña at 849-2568 or www.lapena.org. 

Neruda died in 1973, two years after winning the Nobel Prize for literature. During his lifetime he served as an elected member of the Chilean Senate as well as a member of the Chilean Communist Party. 

Other commemorative events throughout the week include a performance by guitarist Rafael Manriquez, who will sing Neruda’s poetry set to original music that he composed. Alisa Peres will recite the selections in English. The event is from 12:15 p.m. until 1 p.m. this Monday at the Central Berkeley Public Library and is sponsored by the Friends of the Berkeley Library. For more information call 981-6100. 

This Monday at 8 p.m., Ignacio Chapela will read Neruda’s poetry at the Lothlorien co-op at 2405 Prospect St. 

 

 


Collision Coming Over Farmworker Legalization

By DAVID BACON Pacific News Service
Friday July 09, 2004

SOLEDAD, Calif.—Farm worker unions and the Bush administration are heading rapidly towards confrontation over immigration. 

After three years of arm-twisting, unions like the United Farm Workers, Oregon’s Union de Pineros, and the Ohio-based Farm Labor Organizing Committee finally have a bill in Congress—called AgJOBS—that would legalize over 1 million agricultural workers living without visas in the United States. But immigrant advocates say the administration, despite a proclaimed interest in Latino votes, has instead played to its right-wing Republican base by launching a national wave of immigration raids. 

The unions have even agreed to expansion of already-existing guest worker programs, widely condemned for the extensive rights violations of immigrants imported as temporary workers. But they face the administration’s “guest worker-only” proposal, and Bush’s declaration that he will not sign any bill granting legal status to the country’s 12 million undocumented residents.  

Some immigration activists even believe that the raids are intended to send a dual message—placating anti-immigrant voters while threatening mass deportations if immigrant communities resist a huge expansion of guest worker programs.  

Since the wave of raids began in June, the number of deportations has mushroomed. They started in Ontario, Calif., on June 5, when 79 immigrants were arrested and deported. The following day in nearby Corona, another 77 people were picked up. The next raid, netting 15 in Escondido, near San Diego, escalated into the deportation of 268 more by mid-June. Reports of raids spread to urban areas in San Francisco, Los Angeles and Chicago, traditionally avoided by the Border Patrol because of their long history of organized resistance. 

In upstate New York, agents seized eight workers in a big General Electric research facility in Niskayuna, where they were removing asbestos without adequate protection. The fibers cause a virulent form of cancer, mesothelioma, and the contractor employing the workers, LVI Environmental Services, is under federal investigation for using illegal removal procedures.  

The Border Patrol announced that the deportations were part of an ongoing investigation into the asbestos abatement industry in upstate and central New York. The Laborers Union has been organizing immigrant asbestos workers throughout New York and New Jersey in one of the labor movement’s most successful unionizing drives. The raids will slow that movement by increasing the fear of deportation among workers already risking their jobs by protesting dangerous conditions.  

That fear is spreading in California’s farm worker towns as well. “It’s no secret that a very high percentage of farm workers are undocumented,” says Efren Barajas, a UFW leader. “When people are afraid of being deported, they don’t fight about bad working conditions and miserable wages.”  

In the week before July 4, the UFW organized six simultaneous marches through California valley towns, including a five-day peregrination up the Salinas Valley. They combined protest over the raids with a call for passage of the farm worker AgJOBS legalization bill.  

Unions have become some of the strongest supporters of legalization because fear of deportation undermines the organizing efforts of immigrant workers. Two decades ago, most unions saw undocumented workers as job competition and even strikebreakers.  

But in the 1990s that attitude changed, as immigrants became a large part of the workforce in many industries and unions began organizing them. The UFW was a leading voice at the AFL-CIO’s Los Angeles convention in 1998, which adopted a new pro-immigrant position, including a call for amnesty.  

“The way we see it, they come to this country to make life better for their families,” Barajas says. “They’re hard-working people, who pay taxes like anyone else. They’re not going away, and making people legal is the right thing to do.”  

But legalization for farm workers has a price. In three years of hard negotiations with growers, farm worker unions got agreement to a broad amnesty, but had to agree to relax restrictions on growers’ ability to import temporary contract workers.  

East Coast growers have been accused of massive abuse of guest workers under the existing H2-A program. The North Carolina Growers Association is being sued by North Carolina Legal Aid for maintaining a blacklist of workers who protest bad conditions.  

Farm worker advocates say they’ve negotiated labor protections into the compromise, giving guest workers the right to go to court, but doubt remains that this will enable them to challenge their employers. And unions hope the program won’t expand out of the Southeast, where most guest workers are currently employed.  

“Our interest is legalizing people,” Barajas says. “We had to swallow some things in the bill to get that... If we legalize millions of farm workers, it will be much better than what we have now, and we don’t see any other way to get that.”  

And there lies the coming confrontation with Bush. The administration proposes vast new guest worker programs, and says it will not agree to any amnesty. Unions say they’ve already lined up a veto-proof majority in the Senate, but Congress’ Republican leadership will undoubtedly protect the president in an election year, and prevent a vote that might force his veto.  

But because it is an election year, Latino votes count for legislators, even if they’ve lost their importance to Bush. “If Bush doesn’t see that,” Barajas laughs, “perhaps we should have a new president.” 

 

David Bacon is a freelance writer and photographer who writes regularly on labor and immigration issues.


UnderCurrents: Fireworks Exploding Over Oakland Neighborhoods

J. DOUGLAS ALLEN-TAYLOR
Friday July 09, 2004

Something happened in Oakland this week that will have significant impact on the direction of the city, but it’s probably going to take some time to understand how much impact, and in what direction. 

To talk about it at all, in fact, we’ve got to take a step back and get a longer perspective. 

A friend of mine, who lives near Jingletown, had been complaining to me for years about the problem of Fourth of July fireworks in her neighborhood. It was driving her dog into neurotic fits, she said, and making it impossible to stay in the area over the holiday. Calls to authorities got no response. I heard her, and nodded my understanding, but without much sympathy. She seemed oversensitive, at the very least. It was, after all, only one night of noise in a city beset by robberies and murders. How bad, after all, could an evening of firecrackers and bottlerockets be? 

But a couple of years ago I ended up in the 29th Avenue area after dark on the Fourth, by accident, and decided to hang around to see for myself. I got a bit of a shock. After blocking off the neighborhood entrances with barriers, a crowd of several hundred gathered in the middle of the streets to set off what can only be described as semi-professional grade, industrial-strength fireworks. Some we re propelled from multiple metal tubes that resembled miniature artillery launchers, the concussive explosions so heavy that you could feel the physical pressure on your eardrums, the initial lightbursts so bright that they momentarily blacked out the str eetlights, fooling them into believing that day had come. A moment hardly passed when the sky was not filled with explosions of color. Participants and observers alike seemed to be from the neighborhood itself, from the very young to the very elderly, whole families watching from seats on porch steps while sipping beverages or munching on snacks, as at a picnic, some mothers standing on the curb and holding up little children to get a better view. The festivities went on for several hours, a blaring live professional mariachi band providing musical accompaniment for most of the time (no, I’m not making this up). Who paid for the band, I never found out. 

About 10 o’clock, someone opened up one of the street barriers to let a police patrol car come through. The crowd parted to allow the police car to cruise by, and the fireworks momentarily halted. Well, that’s the end of that, I thought. But instead the officer turned a corner, disappeared into the dark and, as far as I can determine, never stopped or returned. The fireworks display immediately resumed. Clearly, either on its own or upon direction from a higher source, the Oakland Police Department had decided to turn a blind eye to this event. 

I was ambivalent then about the experience, and I remain so to this day. It was clearly awful for my friend, who had to huddle in her house and comfort her frantic dog all night, windows rattling to the booming concussions—it must have been equally horrible for many of her neighbors. But for others it was just as clearly a festive, community celebration—a chance for many to gather outdoors after dark in safety and reclaim their neighborhood in what is too often a dangerous and frightening city. 

Can these two competing community interests be reconciled—residents w ho want peace in their neighborhoods and residents who see such noisy, nighttime, outdoor festivities as a measure of community? It’s hard to say. It would be a tough issue to decide under any circumstances, but especially so during these last months of the administration of Jerry Brown, where official Oakland is focused on downtown development and violent crime, the upcoming mayoral race and cementing Jerry Brown’s legacy so that he can run to higher ground. In such an atmosphere, neighborhood relations takes a back seat. 

In any event, Oakland City Council finally took a stab this year at addressing the fireworks issue from a law enforcement perspective, passing an ordinance that upped the penalties for shooting them off, and adding a provision to make it illegal to even possess the devices. The results—depending upon your perspective—were less than satisfactory. 

By all accounts, neighborhood fireworks displays literally exploded all over Oakland on the Fourth this year—pardon the pun. I noticed it fir st in my own neighborhood—as soon as dusk slipped into dark, the skies lit up with sustained bursts. Usually we can just see the Coliseum displays over the trees from our back porch, but this year I didn’t even bother. Instead I walked out to the corner a nd watched the rockets rush skyward from multiple sites from all the blocks surrounding. These were not being set off by roving bands, but by families gathered on the sidewalks and streets in front of their own front doors. Unlike in years past, there wer e very few firecrackers out where I live—it was mostly aerial works, far more sophisticated than the usual fare. Later newspaper reports and conversations with friends confirmed that the same thing was happening all across the city. 

The flouting of the n ew, highly-touted anti-fireworks law was so apparent and so widespread that the Oakland Police Department was forced to offer a sheepish explanation. 

“None of us suspected there would be great results over Fourth of July, maybe before, but on July 4 it’s a free-for-all,” Lt. Lawrence Green told our friends at the Tribune. Green said it was “overly ambitious” to expect that the new anti-fireworks law would actually put a dent in fireworks shot off on the Fourth. Which is a little like buying a boat that i s guaranteed not to leak, except when you put it in the water. When else would the city need an anti-fireworks ordinance, except on holidays like the Fourth of July? 

Residents were also more than a little disturbed that a hotline set up for citizens to r eport fireworks abuse was not operated over the weekend, and therefore not available on the actual day that fireworks were being used, the Fourth having fallen on a Sunday. 

I’m not sure what the answer to this is. I’m not even sure, right now, what the q uestion is. Is this a trend towards people opening up their own neighborhoods to nighttime celebrations—a taking back of our mean streets—or is this callous, thuggish intolerant behavior, people who could care less about the effect of their actions on mor e peaceful neighbors? Maybe it’s both, simultaneous. Perhaps only time—and further observation—will reveal what direction we’re going.›


Police Blotter

By RICHARD BRENNEMAN
Friday July 09, 2004

Police Seek Couple in Home Invasion 

An armed couple forced their way into a Berkeley woman’s home Tuesday morning, tying her up before they ransacked the house and fled with a large assortment of valuables, leaving her bound. 

The woman, who lives near the intersection of Hill Road and Grizzly Peak Boulevard, managed to free herself and call police. 

“We are very concerned about the brazen nature of this crime and are seeking the public’s assistance in identifying the suspects,” said Berkeley Police Detective Chris Stines. 

The first suspect is described as a thinly built black man in his 30s, approximately 6’1” tall. He was wearing a black watch cap. The second suspect is a black woman in her 30s, about 5’3” tall with a medium build. She was wearing a dark leather jacket and beige pants and hid her face behind a scarf. 

Police said the crime appears to be an isolated incident. 

Anyone with information should call the Berkeley Police Robbery Detail at 981-5742 or send tips by e-mail to police@ci.berkeley.ca.us. 

 

Assailant Uses Scooter to Bash Juvenile 

A 21-year-old Berkeley man was arrested on charges of assault, assault with a deadly weapon, making a threat, and vandalism after he battered a teenager with a foot-powered scooter near the corner of Harrison and Fifth streets shortly before 1 p.m. last Thursday. 

 

Purse Snatcher Uses Stolen Card  

A strongarm robber grabbed the purse of a woman walking along Prince Street near the Fulton Street intersection about 4 p.m. last Thursday, then proceeded to use one of her credit cards to make a purchase, 

 

Knife-Wielder Earns Cellular Domicile  

A 48-year-old Berkeley man found himself with a new and tightly confined residence after police busted him for flashing a knife at a fellow citizen near the corner of Center Street and Martin Luther King Jr. Way at 9:37 a.m. Friday. 

The felon seems to have overlooked that building on the corner and all those blue-clad badge-wearing folks who pass through its portals en route to their black-and-white cars. 

 

Robbery Sought for Assault With Deadly Car  

Police are seeking a blue meanie robber who attempted to run down a pedestrian near the market at the corner of Martin Luther King Jr. Way and Derby Street about 7 p.m. Friday. 

The suspect is described as a tall, thin African American man in his mid-30s who was wearing a blue baseball cap, blue jacket, and blue jeans as he sat behind the wheel of a light blue car, according to Berkeley Police spokesperson Officer Joe Okies. 

 

Man Jailed in Spousal Battery Case 

A 41-year-old Berkeley man was arrested just after 4 p.m. Friday on charges of violating a protective order issued after an earlier assault in which his spouse suffered significant injury. Other charges include witness intimidation and probation violation. 

 

Robbers Hit San Pablo Avenue Popeye’s  

Berkeley Police are looking for two men, one armed with a handgun, who robbed the till of a San Pablo Avenue Popeye’s Chicken at 10:50 p.m. Friday. 

 

Teenagers Busted for Assault, Booze Burglary  

Two 18-year-old men were arrested late Saturday night for assault with a deadly weapon, possession of an illegal weapon, and the theft of alcohol from the 1440 Shattuck Ave. Safeway, according to Police spokesperson Officer Joe Okies. 

One of the assailants swiped two bottles of liquor, which he then used to batter one of the store employees, and his compatriot was charged with using their car to try to run down a store employee who tried to prevent their escape. 

The weapons charge resulted from the brass knuckles found in the pocket of one of the suspects after their arrest. 

 

Victim Delays Reporting Robbery  

A Berkeley man relieved of his cash by an armed gunman Saturday didn’t report the crime until Tuesday. 

 

Alleged South Berkeley Pusher Busted 

Police arrested a 38-year-old man on Martin Luther King Jr. Way near the corner of Russell Street at 9:45 p.m. Monday on charges of possession of drugs for sale, using a minor to peddle his drugs, and attempted flight from arresting officers. 

 

Woman Arrested for Drugs, Conspiracy 

Armed with a warrant, police arrested a 22-year-old Berkeley woman Tuesday afternoon on charges of conspiracy and possession for sale of marijuana and rock cocaine. 

 

Bike-Mounted Robbers Busted on Telegraph 

A young man and four juveniles found their bicycles slower than police cars Tuesday night after they flashed a handgun to relieve a pedestrian of his cash. The 19-year old was taken to a cell at city jail and the minors were dispatched to Juvenile Hall, all sans their wheels. 

 

Strongarm Pair Makes off with Wallet 

Police are seeking two men, described as in their late teens or early 20s, who relieved a pedestrian of his wallet near Chestnut and Virginia Streets about 8:30 Wednesday evening.


Letters to the Editor

Friday July 09, 2004

BONES OF TRUTH 

Editors, Daily Planet: 

Regarding Congresswoman Barbara Lee’s editorial “In Support of Kamala Harris” (Daily Planet, July 6-8): There are no words that go close enough to describe the marrow when faced with the bare bones of truth. And there are some politicians who make me feel glad I voted. Thank you for giving her space in your newspaper.  

Dea Robertson-Gutierrez 

 

• 

CONTORTIONS 

Editors, Daily Planet: 

Yeah, right after I vacation at Abu Ghraib and Guantánamo, I’ll rush right down to see Bonfante Gardens (“Gilroy’s Bonfante Gardens is a Varied Delight,” Daily Planet, July 6-8). I don’t know how I ever got limited to appreciating plants in their ugly, normal forms—rather than as peasant-art media—but I seem to have. Every time some newsy shows those trees down there, I have to take a hike in Tilden or some place to get those contorted images out of my brain. 

Ray Chamberlin 

 

• 

GARDENING ARTICLES 

Editors, Daily Planet: 

I have read Shirley Barker’s articles on gardening with great pleasure. She is a superb writer and her articles are full of practical information and interesting background material. The recipes she offers are inviting and appear quite easy to follow. 

Thank you so much for these delightful “Specials to the Planet.” 

Gloria Bloom 

 

• 

TRANSPORTATION 

Editors, Daily Planet: 

This year, this week, is the right time for Berkeley to start getting serious about campus transportation. The campus was designed for streetcars, which can move more people faster in less space, than any amount of freeways, parking garages and traffic jams. Now, modern rail technology is even more efficient. Ongoing local debate has not answered how many voters actually want rail here.  

We should be asking transit agencies NOW to start planning a direct rail link for campus, conference center, Amtrak, ferries, BART and presumably future expansion throughout the East Bay. Building a local rapid transit link to campus is a legal use of Measure 2 funds, for example. Waiting longer for a solution risks overwhelming traffic necessitating a freeway to campus or downtown.  

A simple “rail referendum” will highlight Berkeley’s growing transportation dilemma since the “Key System” was paved over and show the level of support here for a modern traffic solution. Success of a voter referendum will encourage UC and MTC to seriously consider rail as an economical option here, an option that will entice thousands of commuters out of their gridlocked SUVs. 

This is the last chance for the City Council to address transportation on the November ballot. Kriss Worthington has asked the council to consider a November “rail referendum” for the July 20 agenda, so Berkeley voters can weigh in on the future of local transportation. Please ask your councilmember and mayor to let the voters speak. 

Sennet Williams 

Trains Not Freeways 

Berkeley 

 

• 

40 OBSERVATIONS 

Editors, Daily Planet: 

I enjoyed Albert Sukoff’s (apparently controversial) opinion piece in the June 29 issue of the Daily Planet (“40 — Okay, 20 — Observations from 40 Years in Berkeley”) and would like to address two issues which he brought up. 

Mr. Sukoff states that Berkeley lost 15-20 percent of its population over the last few decades. Actually the population drop occurred in one fell swoop between the election in November 1978 and UC’s Fall semester of 1979. 

According to the census records of 1950-1970, the population of Berkeley varied between 111,268 and 114,091 during those decades. The number was believed to be growing during the 1970s, and estimates of 116,000 people were reported during that decade. 

In November 1978, a rent freeze (actually a rent roll-back and freeze) was approved by the voters, and went into effect in January, 1979. Rental housing was removed from the market in a variety of ways by owners who wanted to avoid this form of regulation, and Berkeley was inexorably altered. The next fall semester, returning UC students encountered a dramatic, unprecedented housing shortage which was well documented in the local newspapers. 

Although I was a tenant, I voted against rent control. It seemed obvious to me that a law which was really mean to small landlords could only have a negative impact on the abundance of inexpensive housing choices which had been available to tenants of all incomes. 

Not surprisingly, the 1980 census revealed a loss of some 11,000 in population, and the official census figure has hovered around 103,000 ever since. 

I feel compelled to clarify this issue because the “Smart Growth” machine (which has infiltrated every city board and commission involved with development decisions) has used the population decline to argue for ever larger projects. Their logic escapes me: We lost population, not buildings. So they advocate cramming in a bunch of enormous new buildings. (Hello?). 

Mr. Sukoff goes on to say that “Berkeley has plenty of crappy buildings which could and should be replaced.” Here, I agree completely. The 1960s “soft story” apartment houses are considered to be earthquake hazards. Unfortunately, it is not these which have been lost to new development.  

Among many unfortunate losses, a brick livery stable from 1900 was demolished to make way for the Gaia building, an edifice which seems to be perpetually adorned with scaffolding in an ongoing attempt to correct water intrusion problems (i.e. it leaks). 

The Edy’s building, which housed a beloved small business, was destroyed (without a demolition permit) to make way for the corporate preferences of Eddie Bauer, supposedly to “revitalize” the downtown. Obviously it didn’t work.  

Eliminating historic buildings and local businesses for deals made by people who think they know better (planners, mayors), while shutting out the public—and absolutely refusing to assess the cumulative impact of multiple huge projects—is a short-sighted way to run a town. 

Gale Garcia 

 

• 

PRESIDENTIAL DECISION 

Editors, Daily Planet: 

John Kerry made a good, presidential-level decision in selecting a strong, mainstream Democrat for his vice president candidate. Compare Bush’s non-decision of four years ago when his organization tasked Dick Cheney to find a VP candidate and Cheney chose himself. It turns out that Cheney chose himself to actually run the government. 

Bruce Joffe 

Piedmont 

 

• 

SUTTER LAWSUIT 

Editors, Daily Planet: 

Regarding your July 2 article on the suit challenging Sutter Health’s non-profit status: There are other issues that need questioning. Our understanding is that the Alta Bates Summit Medical Center offers no reproductive services. Supposedly Alta Bates once did but their recent detailed brochure made no mention of any. 

Nancy Ward 

Co-Chair, Oakland/East Bay National Organization for Women 

 

• 

FINE ARTS CINEMA 

Editors, Daily Planet: 

Thanks for your fine article “Fine Arts Cinema is Officially Dead” (Daily Planet, July 2-5). For me, it’s been dead since 1970, when a young cashier was shot in the face and killed by a 14-year-old robber who took her life for $35. I was going to graduate school at UC, and lived around the corner at the time. After that, they moved the ticket window closer to the theater and put in bulletproof glass; prior to that, there was an old-fashioned stand-alone ticket booth. 

Ultimately I think that crime is what killed the theater. I never felt comfortable going there again, and perhaps that’s true for others as well. It was no karmic surprise when the porn theater went in after that. 

As long as you have taken the time to write an obituary for the theater, I thought it would be fitting to take a moment to remember that poor cashier who died there 34 years ago as well. Sad. 

Ken Stein 

 

• 

UC EXPANSION 

Editors, Daily Planet: 

Every time I think about expansion of the campus at UC Berkeley I wonder why the expansion has to occur here. Does planning for Berkeley nest within some larger statewide framework or plan? What happened to the 27,500-student limit in the statewide plan of the ‘60s? Has it been updated since? Newer UC locations could use the new facilities. Is it vital that it happen here? 

Robert C. Chioino 

 

• 

BUSD WASTE 

Editors, Daily Planet: 

Dan Peven’s comments about Berkeley Unified’s wastefulness was alarming. 

For the brand new building at the high school to use more electricity than the rest of the campus combined is unbelievable. Why did Berkeley Unified build such a building? I support public schools but not energy gluttony. 

This information does not bode well for the other construction that has occurred throughout the district. Have we, in supporting this new construction, supported wanton energy consumption? 

I ask BUSD to post the energy consumption of each school and non-school site on its website for the 18 months from September, 2002 to June, 2004, and let us know what steps you will take to reduce your energy consumption. 

Tim Gordon 

 

• 

WILLARD SCHOOL ROSES 

Editors, Daily Planet: 

Ten years ago, when my daughter was at Willard, I and many other volunteers planted the existing roses and other plants in front of that school. Therefore, I am relieved to have just learned that the school district has agreed to rework its plans to leave in the existing roses. 

I hope the school district will also reconsider the proposed ornamental lawns. Lawns are appropriate if there is a real functional need for a lawn, such as for a ball field. However, lawns that are just for display should be avoided. My recent newsletter from Berkeley Hort states: “The planting of a summer-thirsty lawn in our climate is analogous to buying a gas guzzling truck during a fuel shortage.” Lawns not only take up water, but Berkeley Unified maintains them with gas powered machines, which not only use gas, but spew greenhouse gases. There’s a move to adopt the purple needle grass as our state grass. That would be a lovely substitute for a lawn. 

Donna Mickleson 

 

• 

SLOUCHING TOWARD 1984 

Editors, Daily Planet: 

I am ashamed at how much the San Francisco Public Library loves the Patriot Act. How can Susan Hundredth, the city librarian, say that placing microchips (radio frequency identification chips, or RFIDs) in every book will not erode privacy rights? Why not just let the FBI and the Department of Homeland Security have agents on the payroll? The agents can go up and down the isles or better yet, act like library patrons and collect information on legitimate patrons. After all, terrorists are clever enough to browse books and not check them out if they knew every book can be traced to an individual. Justified as a cost saving measure, this cowardly embracing and enabling of the Patriot Act makes me sick. Is the City Council going to support this? Once a system is in place then modifying it is just another small step. People can already be traced by their cell phones and their FasTrak transponders. Safeway cards collect demographic information every time we shop. Do we really want to trade privacy in every place we go for convenience? Don't people realize how hard people fought to get privacy rights in the first place?  

Chris Cobb 

U.C. Berkeley Graduate Student 

Department of Art Practice 

 

• 

NO SMALL DIFFERENCE 

Editors, Daily Planet: 

I was recently enjoying a visit in Berkeley when I came across a copy of your June 8-10 paper and noticed with great interest that there was an article about a school “librarian” on the front page (“Latino Students Rally to Save Job of BHS Librarian”). As I have just finished my own school library credential, I am interested in all things school library-related, so I immediately picked it up. I quickly read the first page of story, which featured a photo of a “librarian” helping a student on the computer. 

After reading a few more sentences, I realized that the woman in question was not actually the school’s librarian at all, as the headline read, but the library media technician, a much different position altogether.  

A library media technician is considered support staff for the school’s librarian, (think of the relationship between an aide and a teacher). The demands on a school librarian are much different and complex than they were even twenty years ago, due to the advent of the Internet and the quickening of our society in general. Young adult literature has been launched into a brand new dimension, and school library media professionals are in a unique position to bridge the angst that adolescents sometimes feel with the recommendation of great books. A complete school library education enables school librarians to work with students on research projects in entirely new and meaningful ways. School librarians work closely (and on equal ground) with other teachers and school administrators to ensure that the library program is meeting the needs of all students. 

I want to stress that I don’t doubt that Ms. Troutman’s presence in the BHS library is important for many reasons, and I am always disheartened to read about any layoff of important people in students’ lives. But as a recent graduate of a library credential program, I do want to clarify that it is not a simple transition between working as a library technician and becoming a school librarian. 

Jill Sonnenberg 

Chico 

 

• 

OPEN LETTER 

Dear City Council: 

So the Fine Arts Cinema is dead. 

Aren’t you getting tired of being taken for suckers by Patrick Kennedy again and again? 

And the building itself is an overbearing eye-sore. Do you really want a dozen such buildings 

running the length of Tenement (formerly University) Avenue? 

F. Greenspan


A Few More Observations On Rent Control

By SIG COHN
Friday July 09, 2004

As a Berkeley landlord for some 37 years I offer some hopefully relevant observations.  

 

1. Today the Berkeley Rent Control Ordinance is now both unnecessary and a total waste of precious funds. I have a vacancy that I have priced in line with comparable units. People arrive armed with a long list of vacancies and make a decision here as they would on deciding what computer or gasoline or food product to buy. There is no scarcity of available units and no need for government regulation. 

2. I believe that the elected Rent Board consists of a group who mostly believe any rent increase is not appropriate for those “greedy” owners. 

3. I think that the elected Rent Board has a mission to preserve their domain regardless of need or expense. 

4. On checking the Internet I find that an overwhelming majority of economists oppose rent control. 

5. There is a distinction between rent control and Berkeley rent control. When current commissioners of the board defending their domain cite cities having rent control, this distinction is not made clear. 

6. There has been a close connection between the so-called progressives on the City Council and the elected Rent Board.  

7. I find the term “progressive” that the City Council majority is characterized by is a total misuse of the word. It suggests a group deserving of support whether such support is warranted or not. I think that a more accurate designation is “leftist” as a group favoring government regulation and control over markets. 

8. I am quoting from part of the first paragraph of Rent Board Chair Max Anderson’s May 25 opinion piece in the Berkeley Daily Planet. Anderson has announced his candidacy for the City Council. “The season of political sophistry is well underway in Berkeley as it is across the nation. Evidence of this can be seen in John Koenigshofer’s less than rational, less than honest anti-rent control rant.” Other terms used by Anderson are “tirade,” “Ashcroftesque invasion,” “economic greed,” “disregard of the facts,” “real estate ideologues,” and “distorted attack on rent control.” Does this appear to represent a reasonable and thoughtful individual who is qualified to serve on the City Council? 

9. I am in agreement with most of Allbert Sukoff’s 20 points in your June 29-July 2 issue. Undoubtedly the leftists will want verbally to crucify Sukoff but his points need to be discussed. We need more people, preferably non-landlords and non-tenants voicing opinions. 

 

Sig Cohn is a Berkeley resident and landlord. 

?


Michael and Me: Finding Light Amidst the Gloom

By OSHA NEUMANN
Friday July 09, 2004

Two weeks ago I had a bone scan. I was injected with radioactive barium. It migrated to my bones (“Don’t worry,” said the nurse, “it’s gone in a few hours, less radiation than an x-ray.”) I lay on a platform while a camera positioned a few inches above my nose slowly moved along a beam from my head to my feet, recording the emanations from my bones on a film. “The doctor is in the next room interpreting the film,” said the nurse as she helped me up and I threaded my belt through the loops of my pants and returned the keys to my pocket, relieved to be in charge of my life again.  

I peeked into the room and there was the doctor, recording his notes, while clipped to the viewing screen in front of him, the white light shining through the negative, was the eerie image of my skeleton, strangely shrunk to about eight inches, looking like one of those skeletons unearthed by archeologists in the excavation of tombs. It was a tiny perfect skeleton doll up there on the screen, and somehow the fact that I could be so reduced in scale seemed inconsistent with the fact that I was still alive. “No metastasis visible,” said the doctor (I had suspected as much; my prostate cancer is still in an early stage). “There’s a slight deterioration of the vertebrae in the lower back,” he said, showing me where the spine appeared to darken. He did not seem to think much of it, but that was it—a new obsession born. Ah ha, I thought, now the slight stiffness I have in the morning is explained. I had prided myself on the strength of my back. But now with age, all pride was being stripped away from me.  

“Why am I still alive?” I thought. 

I should have died upon some barricade. I should have been Rachel Corrie squished beneath a bulldozer. Or perhaps, like Abbie Hoffman and Phil Ochs, I should have committed suicide as the heroic days of hope in revolution faded. Instead I watch as all our revolutionary hopes wither on the vine and my body fails me. What will go next? My mind? No please, not the mind. Take whatever body part you want, but leave the mind. 

As the body goes so goes the world, I thought as I slipped deeper into depression. Darkness spreads across the planet. Reason is eclipsed. The empire at its apogee, drunk with power and trembling with fear, lashes out against unseen foes. Its enemies multiply. For them, life is no better than death. The rivers are polluted with corpses. The aquifers are contaminated with a constant drizzle of poisons. The winds stink. The genome is unwound.  

Thus sunk in gloom, I seriously needed to glimpse a light on the horizon. Well last night I saw Michael Moore’s Fahrenheit 9/11 at the Grand Lake Cinema, and there it was—the bright and brazen light. It’s manipulative as all get out and why shouldn’t it be? This is what Fox news would look like if the rebels took over, and the staff went wild. No pretense of being fair and balanced. Its techniques are so blatant, they mock themselves (for example: The blinking arrows pointing at the unread memo describing the threat of an attack by al Qaeda in the United States.) Exposing the big boys is no kid’s game. Unfair to catch them in unguarded moments? Who’s playing fair? We’re in a full out brawl. Bring it on: They lick their combs! They lie through their comb’s teeth. My Pet Goat! Seven minutes of blankness! The pompous cant and the golf swing! We love it! 

So vast is the disconnect between the pretenses of power and the reality it attempts to conceal that the comic mode, which feasts on such disjunctions, is the right one. There’s a difference between truth and lie, between real and unreal, between real pain and crocodile tears, between real poverty, real loss—a child’s arm blown open so the bones are exposed—and the photo op, the sound bite, the faked emotion, the feigned empathy. We can tell the difference if given half a chance. There is a limit to the powers of deception. Truth has its vehicles. It will come out. What a bracing message! No power on earth can obliterate the truth, no matter how awesome its control of the creation of meanings, how complete command of the portals through which information flows. The faces, voices, looks, breathing gestures of the protagonists in this conflict—which is all of us—reveal which side we are on. The polished images of our leaders reflect no light. The face of a grieving mother reading the last letter of her soldier son, reflects a universe. 

“‘Tis the final conflict... let each stand in his place...” Who knows if there will ever be a final conflict. But when the empire has vanquished all its enemies, it has already begun its descent. The struggle against the empire, the struggle of the poor against the rich, of community against corporation is the struggle between false and real, between truth and lie. “We like nonfiction and we live in fictitious times,” shouted Michael Moore from the stage at the academy award ceremonies. Exactly. There are those who are fronting and those who are “for real.” For real. Linger over those words. Are we for the real or for the lie, for the “fiction” (and we’re not talking Toni Morrison here) or nonfiction? Ultimately that is the question. And because this movie shows the continuing power of the real in the face of the omnipresent lie, it is a source of hope, an instructional comedy with tears and laughter.  

 

Osha Neumann is a Berkeley artist and attorney.›


District Would Raise Neighbors’ Property Taxes

By ERNA SMITH
Friday July 09, 2004

What if your neighbors could organize, with the city’s blessing, to force you to pay an additional $2,000 a year in property taxes to improve their views of the bay and increase property values? 

That’s exactly what could happen if homeowners in my Berkeley Hills neighborhood vote to create the Thousand Oaks Heights Applicant Funded Utility Undergrounding District No. 1. 

The district is the brainchild of a handful of neighbors and includes 105 homes located on Kentucky and Colorado avenues and parts of Michigan, Boynton, Maryland and Vassar avenues. Originally the district was supposed to be larger but grew smaller after organizers failed to convince enough residents that the project was worth its then-estimated $2 million price tag.  

The story began in December, 2000, when the city endorsed policies and procedures for creation of privately financed utility undergrounding districts. Key among the procedures was 70 percent neighborhood approval and the means to pay up-front design costs. More than 70 percent of my neighbors chipped in $2,000-$2,500 each to pay for a feasibility and design study, which cost more than $186,000. At the same time the council approved the utility undergrounding procedures, it voted down a proposal to allocate city funds to pay for design studies for low-income neighborhoods, on the grounds it could not afford it. Although, the move made sense, given the city’s budget woes, everyone’s tax dollars paid for the considerable time city staff have devoted over the last three and one-half years to the Thousand Oaks Heights project.  

After the project estimate rose to $2.6 million, the City Council decided on June 1 to revise its own rules and lowered from 70 to 60 the percentage of homeowners needed to approve creation of the district. A few days later, ballots were mailed to residents with the revised assessment figures. Bids for the project will be opened on July 12 and on July 20 the council will hold a public hearing and afterward tally the votes.  

If the vote is yes, the city will issue bonds to pay for the project and residents will have to either pony up between $21,000 and $22,000, or be assessed an additional $2,000 a year for 30 years to retire the bonds, or a total of $60,000. Should every homeowner opt for the 30-year installation plan, the city could pocket tens of thousands of dollars in interest each year. Not a bad windfall for city with a $10 million deficit. 

The pro-undergrounding arguments range from safety to greater property values to neighborhood beautification. The safety claim is, at best, dubious, because virtually all the streets surrounding the tiny district have overhead utility lines as does Spruce Avenue, the only major street into the neighborhood. In the event of an earthquake or firestorm underground utilities will be of little use if all roads into the neighborhood are littered with downed utility poles. So what’s left is greed and better views Bay for some residents but not all. 

What elevates the story beyond a petty squabble between the haves and have-mores is the role of city government in supporting my neighbors in proposing a tax increase that it won’t dare put on a citywide election ballot. For my partner and me , the assessment would increase our annual property taxes by 25 percent. For others, in particular retired, longtime residents living on fixed income, taxes would double. 

The city says it was the district organizers’ idea to lower the voter approval percentage and the district organizers say it was the city’s idea, or more specifically Mayor Tom Bates. Either way, few except the organizers knew about the deal until a neighbor read about it in the Berkeley Daily Planet. When asked to explain themselves, district organizers and city officials cite Proposition 218, which stipulates only simple majority approval is needed for “special benefit” assessments compared with a two-thirds majority for citywide tax increases to fund general services. In other words, to paraphrase former President Bill Clinton, they did it because they could.  

In some countries, the practice of paying for what ought-to-be basic services is called bribery. In America, it’s called checkbook democracy. The difference here is that, unlike fat cats who use their money to legally buy favorable legislation, my neighbors have been empowered by the city to dig deep into my pocket to buy something me and others don’t want.  

Instead of acting in the best interests of all the district’s residents, city officials are acting as cheerleaders. Council Member Hawley even links to the private web site for the Thousand Oaks Heights project from her page on the city’s website. City Engineer Loren Jensen suggested to my partner that given her concern about costs she could sell her home before the assessment was levied. After seeing his words printed in a flyer, he fired off via e-mail a terse non-denial denial. When asked what might become of retired people on a fixed incomes should the district pass, Council Member Hawley opined they might be able to take out a lien against their property. She also loudly complained that her remarks were taken out of context. 

But the only things out of context are the priorities of a city that would empower your neighbors to jack up property taxes so they can have a better view. So, neighbors beware and come to the July 20 public hearing on the Thousand Oaks Heights district at 7 p.m. at City Hall. Tell the council, no to taxation-by-neighbor for frivolous, costly neighborhood improvements. Tell the council, no to using your tax dollars to enable the haves to have more. 

 

Erna Smith is a Berkeley resident and a professor of journalism at San Francisco State University..


College Admission Cuts Jeopardize the California Dream

By JOHN LAIRD
Friday July 09, 2004

One of the things long separating California from other states has been the quality of its higher-education system. Forty years ago, Californians embraced the Higher Education Master Plan, which set aside spaces for California’s high-school graduates in the University of California, California State University and community-college systems.  

But for the first time since that plan was developed, qualified students—11,000 of them—will be turned away from UC and CSU this fall. I believe this is a bad investment decision and an unwise and unnecessary diminishing of the California dream that has made our state unique.  

That quality education has also made a big difference in my own family. My father was the first in his family to get past eighth grade. His success with higher education made a big difference not just in his life, but in the lives of my mother, brothers and myself, who have had similar levels of achievement. The investment taxpayers made in us has been more than paid back with our ability to pay taxes, support the economy and contribute to our communities.  

Forty years ago, Gov. Pat Brown’s California economic-development strategy included new roads and water projects, and good health care and education systems. He believed that where public and social infrastructure was lacking, the economy would not develop. His vision, supported by the Legislature and the people, helped boost California’s economy to fifth-largest in the world.  

Today, just as before, we need a visionary economic development strategy. Unfortunately, the governor’s higher-education budget proposals include:  

• Denying access to 11,000 qualified high-school graduates this fall.  

• Raising undergraduate fees for UC and CSU, increased 40 percent over the past two years, by another 14 percent.  

• Reducing “outreach” programs that help at-risk students succeed in higher education.  

• Increasing Cal Grant income eligibility levels.  

• Cutting basic support for higher-education operations on top of major reductions last year, requiring cuts that directly affect the ability of the institutions to function.  

• Raising graduate fees by 20 percent on top of similar increases last year, jeopardizing California’s ability to produce teachers, physicians, nurses and others in critical professions experiencing shortages.  

In addition to turning away qualified students for the first time, these actions would make it harder for lower- and middle-income families to afford to send their children to UC and CSU in the future. These proposals would further hold back our struggling economy by reducing the number of qualified graduates entering the work force.  

Community colleges are funded differently (within the Proposition 98 funding guarantees), yet face similar financial constraints on their ability to operate and be accessible. I am working with a coalition of education groups to give community colleges a fair share of guaranteed funding in a manner that does not jeopardize K-12 education.  

The governor has proposed his cuts to higher education after closed-door negotiations with the leadership of UC and CSU. While it is good to work with university leadership to close the record budget gap, parents, students, staff members and the Legislature were not included. It is time to publicly review those agreements with respect to what is best for the future of everyone in California.  

In the next few weeks, final decisions will be made as the Legislature votes on the governor’s proposals. The cost of preserving California’s historic commitment to qualified student access at CSU and UC would be $46 million. The governor has suggested making this cut, while at the same time proposing to establish a $900 million reserve.  

Blocking access to California’s higher-education systems, along with the governor’s other proposed cuts in higher education, must not be part of the final budget solution. We are in a fiscal crisis. But we should not make short-sighted and destructive decisions as if we have no alternative.  

I believe we should invest in opportunity, an investment that pays dividends to our state, both financially to the state economy and budget, and also in happier and more successful citizens. It is part of California’s dream—and it is a cornerstone to economic competitiveness. To preserve the promise of California, we must restore these cuts.  

 

John Laird represents Santa Cruz in the State Assembly.  


Daily Planet Readers Sound Off On Livable Berkeley Article

Friday July 09, 2004

THEORY AND PRACTICE 

Editors, Daily Planet: 

David Early of Livable Berkeley is quoted as saying “...Right now I can get anywhere in Berkeley faster on a bike than you can in a car.” Perhaps he can—but I can’t! 

I’m 70 years old. I enjoy an occasional outing to the Berkeley Marina. While getting to my home from the Marina involves a relatively short distance, it also involves an altitude gain of about 1,100 feet. I can do it on a bicycle, but not as quickly as in a car. I presume Mr. Early is both younger and much fitter than I am. 

I hope that in planning for a livable Berkeley Mr. Early does more than generalize from his own experience. As any septuagenarian will tell him “while in theory there is no difference between theory and practice...in practice there is. 

David Nasatir 

 

• 

AN UNHOLY MIX 

Editors, Daily Planet: 

Livable Berkeley— such a pleasant name, such an interesting cast of characters.  

If this unholy mix of “professionals,” acolytes, and family members of decision makers were an advocacy group promoting new highways or clear-cutting of forests the public would be outraged. The rhetoric of Livable Berkeley and the “highway” and “timber” lobbies is strikingly similar—that we can build (or cut) our way out of a crisis if we sacrifice just a few select areas for the benefit of all. The unmentionable is that this well-paid professional elite is totally dependent for their livelihood on the continual “creative destruction” of the existing environment in the name of a “regional solution.” But who could possibly be against housing; especially housing that is “affordable”?  

A full presentation of such tactics authored by developer Patrick Kennedy can be found at: www.fundersnetwork.org/usr_doc/Patrick_Kennedy_Presentation.pdf. 

Note Kennedy’s “seventh commandment” for “infill developers,” which should make all neighborhoods wary of planners’ promises that mega-projects will only happen on Berkeley’s Avenues: “To avoid unnecessary controversy, begin by designating only one or two areas for high-density housing and locate it close to mass transit, in whatever form that may be.” 

PlanBerkeley is involved at many levels in empowering the residents of Berkeley, present and future, in the development process. We support smart growth that is sensitive to the existing neighborhoods we have chosen to live in. We support the implementation of the University Avenue Strategic Plan that calls for three, four, and yes, even two-story buildings along University Avenue.  

Stephen Wollmer 

 

• 

UNLIVABLE 

Editors, Daily Planet: 

The article about Livable Berkeley in your July 6 edition was interesting (“Well-Connected Livable Berkeley Pushes Smart Growth,” Daily Planet, July 6-8). I have been very involved in the Planning Commission’s effort to do the zoning overlay for the University Avenue Strategic Plan. The contrast between David Early’s comments about what Livable Berkeley stands for and their involvement in the overlay process is startling. Mr. Early states Livable Berkeley’s concern about open space and the need for more trees and plazas along major streetscapes. Yet their organization has sat on the sidelines as we have struggled to include these in the overlay. 

Mr. Early also states that new developments along the city’s major thoroughfares would provide a much-needed economic stimulus to the city’s ailing retail sector. I hope this will happen. Smart Growth models also recognize the importance of retail around housing. The proposed zoning changes will allow the option of residential only development on over two thirds of the overlay area. In theory, this will work because the UASP also calls for several retail nodes where retail will be concentrated. Unfortunately, the current development model, with three or four stories of residential over one floor for residential parking and retail will not produce the quality and quantity of retail needed and will produce zero customer parking. We will lose retail in the non-nodes as current retail gets redeveloped into residential only projects. In the “retail nodes” we will see, in some cases, large retail replaced by smaller retail spaces. Yet last week at a Planning Commission sub committee meeting, Todd Harvey and Jim Orjala, both members of the Livable Berkeley Board of Directors, argued that the pitifully low amount of required retail in the retail nodes was still too much. 

A year or so ago my wife and I joined Livable Berkeley because we are concerned about the planet and because we believe that infill can produce a dense and dynamic urbanism that we want to be a part of. Sadly, I have come to the conclusion if this organization prevails it will not be very Livable. 

Richard Graham  

Contributor, PlanBerkeley.org


Octogenarian Activist Makes Birthday Jump As Political Statement

By JAKOB SCHILLER
Friday July 09, 2004

Parachuting out of an airplane isn’t usually considered a political statement. Not unless you’re Berkeley resident Ken Norwood and you try to make it one. 

A World War II veteran, a well-known architect/planner, and a longtime Berkeley activist, Norwood used the jump this Thursday to celebrate his 80th birthday and to mock George Bush, Sr., who did the same thing to celebrate his birthday just a couple weeks back. 

Norwood also used the jump to promote his new memoir, which chronicles a life dedicated to creating social change and equity.  

A frequent contributor to the commentary pages of the Berkeley Daily Planet, Norwood says his memoir has a special meaning since the attacks of 9/11, and he’s doing everything he can to get it into the public eye. For four years he’s been working hard on the book, and what better way to promote it and hopefully secure a publisher, he thought, than to jump out of an airplane. 

He has rushed to finish the book, Norwood said, since the World Trade Center towers and Pentagon walls came crumbling down in 2001, because he believes his memoir will help people understand the true meaning behind war and revenge. It is something Norwood has been privy too as a veteran, but something he thinks that not many others understood until recently.  

The parachute jump also had extra meaning because it’s also about the same place where the book starts: bailing out of an airplane.  

In 1944, Norwood was forced to jump out of a burning B-24 bomber over occupied Belgium after his plane was hit by enemy fire. He doesn’t remember the jump, however, and was only able to piece the story together from others who jumped with him while they were recovering in a Nazi POW hospital in Brussels.  

The whole experience was the start of a revelation of sorts for Norwood, who, while recovering in the hospital, started hearing stories from incoming POWs about the havoc and destruction created by allied forces. A bomber himself, Norwood said his illusions of war started to melt away and were eventually solidly destroyed when American bombers began dropping bombs on civilian areas near the hospital. With the war almost over, Norwood said the bombings were part of a campaign to create unnecessary revenge and violence. 

As he left the camp by rail, Norwood said he peered through cracks in the train cars and watched families pull bodies from the rubble and push wheelbarrows full of dead children. On the boat ride home, down in the hull of the SS Ayecock while it traversed the Atlantic for a month, he said he also came upon a dispute between two soldiers, one from Detroit and the other from Texas. The two were arguing about the war, with the man from Detroit, a former union organizer, warning the soldier about the American corporations such as Ford and General Motors that profited from the war by helping the Nazis. It was the alliance that President Dwight Eisenhower later famously labeled the “military-industrial complex.” Unimpressed by the argument, the soldier from Texas retaliated by calling the Detroit soldier a commie. 

These two memories, said Norwood, stuck with him and helped change him permanently.  

“All of those knee-jerk patriotic terminologies [such as valor, loyalty] were the ones that were important to us in WWII,” he said, “but by the end of the war I began to see flaw in this whole issue of valor and honor. The Air Force bombing German cities unmercifully in the last several months of the war when the war was virtually through, when there was no opposition….. I could not communicate, I got to such revelations and such momentous re-awakenings that it took quite a while before I began to meet people and sought out people who had some similar realizations.” He said he felt alienated from a world that tried to immediately romanticize the war. 

What Norwood eventually figured out was that the only way he could cope with his transformation was to try to right as many wrongs of the recent war as he could. He enrolled in architecture school, graduated and began working for progressive architecture firms in L.A. But even that wasn’t enough. 

“I came to the realization that in private business it’s very hard to do good work. Competitive pressure requires you to cater to businesses that don’t care [such as] builders and developers who only want the bottom line,” he said. 

So Norwood changed his focus and started working on sustainable development projects. That eventually led him to Berkeley and several cooperative housing projects. For years he lived in and designed similar co-ops and eventually opened a non-profit dedicated to designing them. 

Then came George W. Bush.  

“When the Bush administration came along I could see the handwriting on the wall,” said Norwood. “To me it was obvious and to a lot of other people it was obvious, people like Howard Zinn, Noam Chomsky. We had an inkling these weren’t government people, these were corporate industrial tycoons.” 

It was an immediate flashback to the conversation in the hull of the SS Ayecock. For Norwood, it was the military industrial complex in full form.  

“That is what fuels the military industrial complex, corporate tycoons who have no cultural political experience,” said Norwood. “[Their experience] is a bottom line experience so they don’t have really deep foreign policy know-how.” 

Then came 9/11 and the war in Iraq and Afghanistan, and Norwood had immediate proof of what he had been claiming all along. 

Norwood knew his work would help people understand the whole scenario, from Bush to 9/11, to Iraq. More people were beginning to grasp the idea of the military industrial complex and he wanted to make sure his book helped them firmly solidify their understanding.  

At 14 chapters, the book is still in the works but soon to be completed. Last Tuesday, he said, he was in a bookstore, perusing the WWII section and realizing again why an ] account of the war is now more important than ever. 

Regardless of what happens, said Norwood, he was thrilled to have been able to take the jump. And most important, he felt especially proud that he was able to keep Bush the elder “from getting one up on me.”  


‘Showdown’ Unfolds at Cedar Rose Park

By RICHARD BRENNEMAN
Friday July 09, 2004

The venerable San Francisco Mime Troupe brings its newest offering to Berkeley this weekend, with two free performances of its (George W.) Bush League Spaghetti Western, Showdown at Crawford Gulch. 

The performances at Cedar Rose Park, 1330 Rose St., begin with live music at 1:30 both afternoons, with the main Showdown starting at 2 o’clock. 

Mime Troupe performer and playwright Michael T. Sullivan says “Showdown at Crawford Gulch takes a look at the not-too-distant past to see how xenophobia, greed and images of bloodthirsty terror were used to ‘tame’ another desert land—and how those tools are just as powerful today.” 

Set in 1886, the drama unfolds in the mythical Crawford Gulch, Texas, in a county where only the town and the nearby domain of the Comanche lie outside the grasp of Eastern robber baron Cyrus T. Bogspavin. 

Armed with an agenda of his own, Bogspavin whips the townsfolk into a frenzy of fear, evoking images of bloodthirsty savages armed with AMD (Arrows of Mass Destruction). 

“What in tarnation could it be about this out-of-the-way piece of land that caught the eye of a wealthy man like Bogspavin?” muses Sullivan. “What could be on it? Or is it something under it?” 

For security, the fearful townsfolk turn to Mayor Canem, a man who came to office through a dubious election. But all doubts vanish in fear of the Comanche, and the fight which the Mayor and his heroic Sheriff vow to lead, helped in part by their Home Range Security program. 

But still, some of the townsfolk are wondering if they’re being given a little too much security—and thereby hangs a tale. 

Accompanying Sullivan’s scripts are the troupe’s trademark vocals, featuring tunes by musical director Jason Sherbundy and lyrics by Bruce Barthol. 

Directed by Keiki Shimosato, the show stars Velina Brown, Michael Carreiro, Amos Glick, Ed Holmes, Lisa Hori-Garcia, and Victor Toman. 

The Mime Troupe plans two more Showdown weekends in Berkeley: Aug. 14 and 15 at Live Oak Park and Aug. 28 and 29 at Willard Park, though the troupe also refers to Willard by the name it bore a few decades back, Ho Chi Minh Park. 

The San Francisco Mime Troupe and its sharp-edged satires have been a staple of the Bay Area since the group’s inception 45 years ago. 

Banned in 1963 from performing in San Francisco parks, founder R.G. Davis pressed ahead, earning himself both an arrest and the backing of the American Civil Liberties Union. 

A victory in the courts led to an unbroken four-decade tradition of free public performances. 

In 1970, the troupe became an artist-run collective and began premiering at least one new and wholly original offering every year. 

Along the way they have been honored with Obies, starting with a 1968 award for “uniting theater and grooving in the parks,” a Tony for excellence in regional theater, and numerous local honors. 

While Showdown premiered last weekend in San Francisco’s Dolores Park and will play in parks throughout the Bay Area, the troupe will tour throughout Central and Northern California, wrapping up with a final performance at the Progressives Fair in Petaluma’s Walnut Park on Sept. 26. 

Their wide-ranging travels have been funded by the National Endowment for the Arts, the City of San Francisco Grants for the Arts, by the Zellerbach Family Fund, the San Francisco Foundation, and the James Irvine, Bernard Osher, William and Flora Hewitt and W.A. Gerbode foundations. 

For more information, see the Mime Troupe’s website at www.sfmt.org.


Heed the Call of the Wild at Jack London Park

By MARTA YAMAMOTO Special to the Planet
Friday July 09, 2004

“All I wanted was a quiet place in the country to write and loaf in and get out of nature that something we all need, only most of us don’t know it.”  

 

Spoken by Jack London over 100 years ago, this still rings true today. Take a day to explore the life of this complex icon of popular adventure novels, and retrace his steps through groves of madrone, oak and redwoods, nestled below the Sonoma Mountains, in the Valley of the Moon. 

The 800 acres of Jack London State Historic Park are a tribute to the man and what he loved. A melodrama in nature combining a collection of memorabilia, the ruins of a grand mansion, the cottage where he wrote many of his later novels, his innovative farm, a hilltop lake, and the grave where he lies—all in a magnificent natural setting seemingly untouched by time. Over 10 miles of beautiful nature trails along creeks, fern grottos, and meadows of wildflowers and native grasses. Many scenic picnic areas, visitor friendly benches, and accessible pathways ensure that a day spent here will transport you back to when time moved more slowly. 

When you arrive, purchase the $1 park brochure. Inside you’ll find a map of the entire park as well as a self guided Beauty Ranch Trail Map. Park at the upper parking lot to begin your tour. 

A short, paved path beneath a canopy of oaks with lichen clad branches leads you to the House of Happy Walls, built by Charmian London to commemorate her husband’s life and work. Within this large craftsman-style lodge with Spanish roof tiles and field stone walls you’ll find a myriad collection: first editions and original illustrations from London’s books, his desk and typewriter, artifacts from the Londons’ sailing expeditions to the South Pacific, Hawaii and Australia, his collection of photographs, and varied exhibits illustrating his life and beliefs. All this will help put you in London’s shoes as you continue your day. 

From the museum, another trail will lead you to London’s gravesite and the infamous Wolf House. Past a mixed forest of Douglas fir and California buckeye, whose long blossom clusters scent the air, listening to the rustle of leaves and the call of the jays, it isn’t hard to imagine how these peaceful surroundings soothed the soul of this man of extremes. 

Set among towering redwoods are the remains of the 15,000 square-foot mansion designed by London. Its grandeur is still evident in the massive stone walls with openings for windows and doors and tall chimneys, all that remain. 26 rooms, nine fireplaces and a dining room to seat 50, a home fit for a king. Built from bark-covered redwood logs, volcanic rock and concrete, this dream house mysteriously burned to the ground days before the Londons were to move in. “My house will be standing, act of God permitting, for a 1,000 years.” Though London vowed to rebuild, he never did; three years later, at the age of 40, he was dead. 

Wolf House represents not only the tragedy of a magnificent creation destroyed, but also of a life ended too soon. Retracing your steps a short distance, you come to London’s simple grave on a lovely hillside, shaded by trees and simply marked by a large boulder. 

“I have no countryside home, I am a farmer.” Re-park your car at the upper parking lot to walk around Beauty Ranch where you will see evidence of London’s methods of scientific agriculture, experimental ranching and conservation. From here you’ll be set for a visit to the hilltop lake and an afternoon picnic. 

The Beauty Ranch Trail, described in the park brochure, is a half-mile loop through the center of 1,400 acres of London’s property. Here, from 1905 to 1916, London planted fruit and grain and raised horses, cattle and pigs. His cottage, open for tours on weekend afternoons, sits surrounded by vineyards, with a backdrop of the Sonoma Mountains. Your walk takes you past the Sherry and Stallion Barns, where English Shire horses were raised, and the innovative Pig Palace, designed and built by London in 1915. Seventeen individual courtyard stalls surround an energy saving central feed house, below oaks and madrones. A concrete pig heaven. 

Another short, but more strenuous trail, leads you just over half a mile to the least visited, but not to be missed, spot. Past sepia colored waves of grass contrasting with the greens of oaks and grape leaves, huge blackberry bushes heavy with fruit, redwoods towering above the sun dappled trail, pine needles and bay leaves underfoot, you soon emerge at London’s lakeside retreat. Formed by a stone dam, today home to black bass, reeds, damselflies, and visiting birdlife, it’s a lovely spot to watch the wind on the water and listen for the sound of hoof-beats that brought the Londons’ guests up to the lake and redwood bath- house to swim, fish, and enjoy a barbecue. 

Reserve time for your own repast at the Beauty Ranch picnic area where numerous tables and barbecue pits are available in the shade of oaks and eucalyptus trees. 

“I liked those hills up there. They were beautiful, as you see, and I wanted beauty.” The beauty remains. Spend a day at Jack London State Historic Park and discover it for yourself. 


Berkeley This Week

Friday July 09, 2004

FRIDAY, JULY 9 

“So How’d You Become an Activist?” with Dave Lippman, aka George Shrub, the singing CIA agent, and Kiilu Nyasha, Black Panther veteran, at 7 p.m. at Berkeley Fellowship of Unitarian Universalists, 1924 Cedar St., at Bonita. Suggested donation $5. 528-5403. 

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. 

SATURDAY, JULY 10 

World Food Festival: Cuisine of India Cooking demonstration by Kasuma Sheth of Shakti Foods, at 11 a.m. A presentation on the Greening of Ethnic Restaurants project at 11:30 a.m. at the Saturday Berkeley Farmers’ Market, Center St. at MLK, Jr. Way. 548-3333.  

San Francisco Mime Troupe “Showdown at Crawford Gulch” at 2 p.m. at Cedar Rose Park, 1300 Rose St. Also on Sun. at 2 p.m. www.sfmt.org 

Walking Tour of Old Oakland “New Era/New Politics” highlights African-American leaders who have made their mark on Oakland. Meet at 10 a.m. at the African American Museum and Library at 659 14th St. 238-3234. www.oaklandnet.com/ 

wallkingtours 

Oakland Heritage Alliance Walking Tour of Oakland’s Walkways and Streetcar Heritage from 10 a.m. to 12:30 p.m. Tour is limited to 20 persons. Cost is $5 for OHA members, $10 for nonmembers. For reservations call 763-9218. www.oaklandheritage.org 

Shotgun Players Annual Silent Auction and Supperganza, from 7 to 10:30 p.m. at The Ashby Stage, 1901 Ashby Ave. at the corner of MLK. Tickets are sliding scale $12-$112. www.shotgunplayers.org 

Gardening for Wildlife Attract birds, butterflies and beneficial insects. Learn to diversify your garden by including California native plants that provide food, shelter, and nesting places for wildlife. Follow-up meeting with landscape designers on July 31. From 9 a.m. to 2 p.m. at Malcolm X Elementary School, 1731 Prince St. Free. 444-7645.  

www.stopwaste.org 

“Liquid Gold: How to Use Urine to Grow Plants (Safely!)” a talk and workshop at 10:30 a.m. at 1120 Bancroft Way, near San Pablo Ave. $15 donation, proceeds help fund City Slicker Farm’s urban farming demonstration programs. Registration required.  

info@liquidgoldbook.com 

Snakes Alive Come learn about our fascinating snakes, touch their scales, and learn to recognize the only poisonous snake in the park, from 2 to 4 p.m. at Tilden Nature Area, Tilden Park. 525-2233. 

Butterflies in the Garden Learn how to attract these beautiful creatures into your yard by providing the caterpillars with food plants and the adult butterflies with nectar plants, at 10 a.m. at Magic Gardens Nursery, 729 Heinz Ave. 644-2351. www.magicgardens.com 

A Cool Evening Hike Meet the mosquitoes, bats and woodrats; we’ll be in the dark together listening to wildlife, at 7 p.m. at Tilden Nature Area, in Tilden Park. 525-2233. 

All Together for Chiapas Benefit for Emergency Relief An evening of video, dance, spoken word and music from 7:30 p.m. to midnight at the Capoeira Angola Center, 2513 Magnolia St., West Oakland. Donation $7-$15, sliding scale, all proceeds to emergency relief. Sponsored by the Chiapas Support Committee. 654-9587. 

Campaign Finance Reform with Berkeley Fair Elections Coalition and Adona Foyle of Democracy Matters at 8 p.m. at Studio Rasa, 933 Parker St. 693-5779. 

Get Ready for the Breast Cancer 3-Day Learn about what gear is essential, packing and hydration at 10 a.m., with an optional training walk at 11 a.m. at REI, 1338 San Pablo Ave. 527-4140. 

Lavender Seniors of the East Bay, a group for gays, lesbians, bi-sexuals and transgenders over the age of 55, holds their monthly potluck at noon at San Leandro Community Church, 1395 Bancroft Ave., San Leandro. 667-9655. 

Yoga for Seniors at the Berkeley City Club, 2315 Durant St., 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. 

SUNDAY, JULY 11 

Bay to Barkers Dog Walk from 8:30 a.m. to 1 p.m. at Cesar Chavez Park, Berkeley Marina. Fundraiser for East Bay Humane Society. 845-7735. 

Women of Africa Resource Center for African Immigrant Women and Children will host a Family and Friends Bar-B-Queand Picnic from 11 a.m. to 5 p.m. at the Berkeley Marina near the children’s Adventure Playground. www.WAFRICA.org 

Green Sunday, a report back from the Green Party’s National Presidential Convention, at 5 p.m. at Niebyl-Proctor Library, 6501 Telegraph Ave. at 65th in North Oakland. 

“Iraq: The Untold Story” A panel discussion with Clarence Thomas, Central Labor Council fo Alameda County, Barbara Lubin, founder of Middle East Children’s Alliance, and Emanuel Ashoo, Iraqi-American, all who have recently returned from visits to Iraq, at 2:30 p.m. at St. John the Baptist Community Center, 6500 Gladys Ave., El Cerrito.  

“Significant Roles of the United Nations” with Rita Maran of the United Nations Association, at 9:30 a.m. at Unitarian Universalist Church of Berkeley, 1 Lawson Road, Kensington. 525-0302.  

2004 Socialist Organizing Conference, from 9 a.m. to 5 p.m. at the Park Plaza Hotel, 150 Hegenberger Rd., Oakland. Sessions on anti-militarism and domestic alternatives, civil rights and civil liberties, and key-note speaker Fraouk Abdel-Muhti. Registration is $5 and up. www.sp-usa.org/orgconf/ 

Oakland Heritage Alliance Walking Tour of Mountain View Cemetary from 10 a.m. to 12:30 p.m. Meet at Chapel of the Chimes, 4499 Piedmont Ave. Tour is limited to 20 persons. Cost is $5 for OHA members, $10 for nonmembers. For reservations call 763-9218. www.oaklandheritage.org 

Butterfly Habitat Learn the plants and butterflies and take plants home for your own habitat. From 10 to 11:30 a.m. in Tilden Nature Area, in Tilden Park. To register call 525-2233. 

The Nature of Chocolate and Coffee Learn about the wonderful things that grow on trees and how they relate to songbirds. From 2 to 4 p.m. at Tilden Nature Center, Tilden Park. Cost is $8 for residents, $10 non-residents. Registration required. 525-2233. 

Hands On Bike Maintenance Class from 8 a.m. to 1 p.m. at REI, 1338 San Pablo Ave. Fee is $85-$100, advance registration required. 527-4140. 

Introduction to Drip and Sprinkler Irrigation A survey of innovative irrigation solutions that save water and money. A full range of irrigation products will be explained. The class will serve as an introduction to both sprinklers and drip systems. At 11 a.m. at Urban Farmer Store, 2121C San Joaqin St., half mile from Central Ave, Richmond. For reservations call 524-1604. 

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 

Tibetan Buddhism with Erika Rosenberg on “Eastern Wisdom Meets Western Science” at 6 p.m. at the Tibetan Nyingma Institute, 1815 Highland Pl. 843-6812.  

www.nyingmainstitute.com 

MONDAY, JULY 12 

Women’s Cancer Resource Center, volunteer training, every second Monday of the month, from 6 to 8 p.m. at 5741 Telegraph Ave. To sign up call 601-4040, ext. 109. www.wcrc.org 

Berkeley Community Gardening Collaborative meets at 6 p.m. at Berkeley Youth Alternatives, 1255 Allston Way. 883-9096. 

Great Popular Fiction Bookgroup meets to discuss “The Rule of Four” by Ian Caldwell and Dustin Thomason at 7 p.m. at Barnes and Noble, 2352 Shattuck Ave. 644-0861. 

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

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

TUESDAY, JULY 13 

Mini-Rangers An afternoon of nature study for ages 8 to 12. Dress to get dirty, bring a healthy snack to share. At Tilden Nature Center, Tilden Park. Fee is $6 for residents, $8 for non-residents. Registration required. 525-2233. 

Family Camping 101 An overview of all the ways to make family camping enjoyable at 7 p.m. at REI, 1338 San Pablo Ave. 527-4140. 

Preparing for Your Remodeling Project A two evening class to demystify the design and construction process. Offered by Imagine General Contractors, Inc. July 13 and 20 at 6:30 p.m. at the Albany Community Center, 1249 Marin Ave. Cost is $57-$67. To register call 524-9283. 

Organic Produce at low prices sold at the corner of Sacramento and Oregon Sts from 3 to 7 p.m. This is a project of Spiral Gardens. 843-1307. 

Writer’s Workshop on Book Marketing with David Cole at 7:30 p.m. at Barnes and Noble. 644-0861. 

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. 415-336 8736. dan@redefeatbush.com 

“The Cycle, the Rhythm and the Fabric of the Jewish Calendar” at 7:30 p.m. at the Berkeley Richmond Jewish Community Center, 1414 Walnut St. Cost is $12-$15. To register call 848-0237, ext. 112. 

St. John’s Prime Timers meets at 9:30 a.m. at St. John’s Presbyterian Church, 2727 College Ave. Blood pressure checks at 10:30 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. 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.  

East Bay Repetitive Strain Injury Support Group will meet at 7 p.m. at the North Berkeley Senior Center. The speaker this month is psychologist Jim Jacobs. He will discuss mental exercises for well-being and dealing with chronic pain.  

WEDNESDAY, JULY 14 

Bastille Day Celebration, with a film showing of the 1955 “Rendevous at the Docks,” music by Moh Alileche and others, at 7 p.m. at La Peña, 3105 Shattuck Ave. Cost is $7. www.laborfest.net 

“Storm from the Mountains” a film documenting the March of Indigenous Dignity in 2001 from Chiapas to Mexico City, at 7:30 p.m. at Humanist Hall, 390 27th St. in downtown Oakland. 654-9587. 

Twilight Tour: Conifers in our Collection Meet the most illustrious members of the conifer group, which includes the largest and longest-lived of organisms on our planet today. From 5:30 to 7 p.m. at the Botanical Garden, 200 Centennial Drive. Cost is $12-$17. To register call 643-2755. http://botanicalgarden. 

berkeley.edu 

Best Backpacking Trips in northern California, a slide show with Ari Derfel, at 7 p.m. at REI, 1338 San Pablo Ave. 527-4140. 

Walk Berkeley for Seniors meets every Wednesday, rain or shine, at 9:30 a.m. at the Sea Breeze market, just west of the I-80 overpass. Everyone is welcome, wear comfortable shoes, sunscreen and a hat. 548-9840. 

Walking Tour of Old Oakland uptown to the Lake to discover Art Deco landmarks. Meet at 10 a.m. in front of the Paramount Theater at 2025 Broadway. Tour lasts 90 minutes. Reservations can be made by calling 238-3234. 

Poetry Writing Workshop with Alison Seevak at the Albany Public Library at 7 p.m. at the Albany Public Library, 1247 Marin Ave. 526-3720, ext. 20. 

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

vigil4peace/vigil 

Fun with Acting Class every Wednesday 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. For information call 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. For information call 848-0237.  

THURSDAY, JULY 15 

Twilight Tour: Trees of the Garden From 5:30 to 7 p.m. at the Botanical Garden, 200 Centennial Drive. Cost is $12-$17. To register call 643-2755. http://botanicalgarden.berkeley.edu 

LeConte Neighborhood Association meets at 7:30 in the Cafeteria at the LeConte School, Ellsworth at Russell. Use Russell St. entrance. 843-2602. www.neighborhoodlink.com 

Speak Out For Education and Immigrants’ Rights at 6 p.m. at the Greek Orthodox Cathedral of the Ascension, 4700 Lincoln Ave, Oakland. Sponsored by the Oakland Coalition of Congregations. 625-9490. 

Lavender Seniors of the East Bay, a group for gays, lesbians, bi-sexuals and transgenders over the age of 55, catered lunch at 12:30 p.m. at Lakeside Park Garden Center, 666 Bellevue, Oakland. 667-9655. 

Breath and Transformation at 7 p.m. at Belladonna, 2436 Sacramento St. Cost is $25-$30. 883-0600. www.belladonna.ws 

ONGOING 

Berkeley Youth Alternative Boys Basketball Tournament will be held from July 21 through Aug. 8 at Emery High School in Emeryville. Divisions are 17 and under, 15 and under, and 12 and under. Entry fee is $200 per team with a three game guarantee. For more information call 845-9066. sports@byaonline.org 

Free Summer Lunch Programs are offered to youth age 18 and under at various sites in Berkeley, including James Kenny Rec. Center, Frances Albrier Center, Strawberry Creek, Longfellow School, MLK Youth Services Center, Rosa Parks School and Washington School, Mon. - Fri. 11:30 a.m. to 12:30 p.m. until Aug. 20. Sponsored by the City of Berkeley Health Dept. For location information call 1-800-870-3663. 

Radio Summer Camp, four day sessions from June 4 through Sept. 6. Learn how to build and operate a community radio station. Sponsored by Radio Free Berkeley. 625-0314. www.freeradio.org  

CITY MEETINGS 

Council Agenda Committee meets Mon., July 12, at 2:30 p.m., at 2180 Milvia St., Sherry M. Kelly, city clerk, 981-6900. www.ci.berkeley.ca.us/citycouncil/agenda-committee 

Landmarks Preservation Commission meets Mon. July 12, at 7:30 p.m., at the North Berkeley Senior Center. Gisele Sorensen, 981-7419. www.ci.berkeley.ca.us/commissions/landmarks 

Peace and Justice Commission meets Mon., July 12, at 7 p.m., at the North Berkeley Senior Center. Manuel Hector, 981-5510. www.ci.berkeley. 

ca.us/commissions/peaceandjustice 

Public Housing Resident Advisory Board meets Mon., July 12, at 4 p.m. at Berkeley Housing Authority, 1901 Fairview St. Angellique DeCoud. 981-5475. www.ci.berkeley.ca.us/ 

commissions/publichousing 

City Council meets Tues., July 13, at 7 p.m in City Council Chambers, Sherry M. Kelly, city clerk, 981-6900. www.ci.berkeley.ca.us/citycouncil 

Commission on Disability meets Wed., July 14, at 6:30 p.m. at the North Berkeley Senior Center. Paul Church, 981-6342. www.ci.berkeley. 

ca.us/commissions/disability 

Four by Four Joint Task Force on Housing Members of City Council and the Rent Board meet Mon. June 14, at 5:30 p.m. at the North Berkeley Senior Center. Stephen Barton, 981-5400. www.ci.berkeley.ca.us/ 

commissions/4x4/default.htm 

Homeless Commission meets Wed., July 14, at 7 p.m., at the North Berkeley Senior Center. Jane Micallef, 981-5426. www.ci.berkeley.ca.us/commissions/homeless 

Library Board of Trustees meets Wed., July 14, at 7 p.m. at 1901 Russell St. Jackie Y. Griffin, 981-6195. www.ci.berkeley.ca.us/commissions/library 

Planning Commission meets Wed., July 14, at 7 p.m., at the North Berkeley Senior Center. Ruth Grimes, 981-7481. www.ci.berkeley. ca.us/commissions/planning 

Police Review Commission meets Wed. July 14, at 7:30 p.m. at the North Berkeley Senior Center, Barbara Attard, 981-4950. www.ci.berkeley. 

ca.us/commissions/policereview 

Waterfront Commission meets Wed., July 14, at 7 p.m., at 201 University Ave. Cliff Marchetti. 644-6376 ext. 224. www.ci.berkeley.ca.us/commissions/waterfront 

Design Review Committee meets Thurs., July 15, 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., July 15, 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., July 15, at 7 p.m., at the North Berkeley Senior Center. Peter Hillier, 981-7000. www.ci.berkeley.ca.us/commissions/transportation?


UC Announces $69 Million Enron Settlement

By MATTHEW ARTZ
Tuesday July 06, 2004

The University of California announced Friday a $69 million settlement with the Bank of America in the ongoing Enron class action lawsuit. 

UC is the lead plaintiff representing Enron investors, who lost an estimated $25 billion when the energy giant went belly up in 2001 after listing revenues of $100 billion the previous year.  

The company’s collapse came amid allegations that executives manipulated balance sheets to artificially inflate stock prices. UC lost $145 million in what was—at the time—the largest corporate bankruptcy ever. 

The UC Board of Regents and a U.S. District Court Judge for the Southern District of Texas must now approve the proposed settlement. 

The Bank of America was not implicated in the fraud, but was sued in its role as an underwriter for Enron debt offerings. The $69 million settlement represented more than 50 percent of the bank’s liability for the investors’ total losses allowed under the 1933 Securities Act, according to UC spokesperson Trey Davis. 

“This is a positive development for shareholders,” he said. “Normally plaintiffs receive pennies on the dollar.” 

The settlement from Bank of America will be distributed to all plaintiffs, leaving UC with a total of less than $1 million. Nevertheless, UC attorney, William Lerach of San Francisco-based Lerach, Coughlin, Stoia and Robbins LLP, hailed the settlement and insisted it “will be the precursor of much larger ones in the future, especially with the banks that face liability for participating in the scheme to defraud Enron’s common stockholders.” 

Since Enron has no assets, the plaintiffs are targeting investment banks they claim facilitated fraudulent transactions that cost Enron investors millions. Among the key defendants are J.P. Morgan Chase, Citigroup, Merrill Lynch, Credit Suisse First Boston, Canadian Imperial Bank of Commerce, the Royal Bank of Scotland and Arthur Andersen. 

In 2002 UC reached a $40 million settlement with Arthur Andersen Worldwide. However, the company’s U.S. arm, which served as Enron’s outside auditors, remains liable. 

The Enron suit is part of a broader UC strategy to file lawsuits against corporations they believe defrauded the university out of roughly $1 billion in an investment portfolio that totaled $60 billion as of June 30. 

In addition to Enron, UC is the lead plaintiff against Dynergy, a former Enron competitor, and has filed separate suits against WorldCom and AOL Time Warner. 

UC claims to have lost $112 million from Dynergy and $353 million from WorldCom, both of which declared bankruptcy after accounting scandals. UC says it lost $450 million from the 2001 merger of AOL and Time Warner and accuses the company of falsifying financial results leading up to the merger. 

“These companies committed fraud and stole money from the University of California and we want the money back,” Davis said. “It’s a simple principle of fairness and justice.” 

The Enron case is scheduled to go to trial in October, 2006.ô


Well-Connected Livable Berkeley Pushes Smart Growth

By RICHARD BRENNEMAN
Tuesday July 06, 2004

In a community marked by strongly conflicting visions of the city’s future, a young but powerfully connected organization named Livable Berkeley is striving to make its own stamp on the city of tomorrow. 

“Livable Berkeley believes that Berkeley is a lovely city with a very strong potential, and we’re working to help the city fulfill that potential and become as wonderful a city as possible,” said David Early, an urban planner in private practice who has lived in Berkeley for two decades. 

Early and his confederates glimpse some of that potential in the nine-story Seagate Building project, planned for Center Street just west of the Wells Fargo Building on Shattuck. 

“This is a very important project because it provides a new model and a type of housing not previously available in downtown,” Early said. “By offering for-sale units in an apartment configuration, they’re appealing to stable households with higher incomes—a new demographic.” 

By drawing in a more affluent group of residents, he said, the project will also contribute to the ailing downtown merchant community. “The project’s also attractive, bringing an architectural flair not seen in many projects.” 

Holding dual UCB master’s’ degrees in architecture and planning, Early runs Design, Community & Environment (DC&E), a planning and design consultancy that works mainly for governments and official agencies. Local clients have included the cities of Berkeley, Albany, Oakland, and Benicia.  

A recent major DC&E project of particular local concern was the environmental element of the UC Berkeley Long Range Development Plan. 

One of his senior DC&E staff members—and a member of the Livable Berkeley Board of Directors—is Erin Banks, a former Berkeley city planner and the spouse of city Planning Manager Mark Rhoades. 

Jennifer Kaufer, another Livable Berkeley board member, is the spouse of Aran Kaufer, a member of the city Landmarks Preservation Commission and employee of Berkeley developer Patrick Kennedy. 

Other well-connected members of the Livable Berkeley board include:  

• Ali Kashani, a former nonprofit developer who has now entered the commercial sector; 

• Todd Harvey, who works for Jubilee Housing, a non-profit developer; and 

• Dorothy Walker, who served until her retirement in 1995 as Assistant Vice Chancellor for Property Development for UC Berkeley and was the founding president of the American Planning Association. 

The organization coalesced from the Coalition for a Livable Berkeley, formed to oppose the November, 2002, ballot Measure P—which called for limiting new building heights to two and three stories along some of the city’s major thoroughfares. After the measure was rejected by 80 percent of Berkeley voters, some of the victorious foes united to form Livable Berkeley to keep the momentum going, said member Alan Tobey. 

“I was looking for a way to get back into Berkeley politics from a big picture, smart growth orientation,” Tobey said. 

Tobey, who’d recently retired as a tech manager specializing in small companies and start-up operations, said he had been active in Berkeley politics in the 1970’s, working for passage of the city’s Landmarks Preservation Ordinance and for the mayoral campaign of Loni Hancock. 

“Certain developers are members, even board members, but the group’s focus is much broader,” Tobey said. “I would hope it can be one of the few organizations in town that can have an integrating perspective, not just a narrow focus.” 

Initially, the group retained Allan Freeman to handle organizational matters. A UC graduate student from Southern California, Freeman had organized Livable Santa Monica to foster similar goals in Berkeley’s unofficial sister city. 

With Freeman recently graduated and gone, Jennifer Phelps, one of Early’s staffers, has picked up the organizational reins on a one-day-a-week basis. 

The organization’s membership currently tops 100, Early said, “and we’re growing. They include a broad range of backgrounds and almost all of them are Berkeley residents.” 

Livable Berkeley has already found itself at odds with at least one grassroots organization—PlanBerkeley—which seeks strict limits on developments in the University Avenue area. In an e-mail alert to Livable Berkeley members sent May 14, Freeman blasted PlanBerkeley members as “angry NIMBYs” and characterized their efforts as an attempt to resurrect Measure P “through the back door.” 

And while Early says his group strongly favors historical preservation, “there are people who have tried to manipulate the Landmarks Preservation Commission process solely to prevent development.” 

Early said he also doesn’t favor unrestricted development of five-story structures, “but there’s a small, vocal minority that feels two or three stories should be the maximum. Four or five stories is good for most of Berkeley.” 

Sitting at a table at a Shattuck Avenue coffee shop, Early said numerous studies show that the most comfortable streets are those with a one-to-one ratio between building-to-building street width and building height. 

“Here on Shattuck, the width is about 100 feet, but most of us would never say all of downtown should be 10 stories tall,” he said. 

Livable Berkeley sees affordable housing as perhaps the biggest challenge confronting the city. “Housing prices are out of control, and the city has to provide more housing opportunities,” Early said. 

New developments along the city’s’ major thoroughfares “offer an astounding opportunity to create more housing” said Early, an opportunity he said would also provided a much-needed economic stimulus to the city’s ailing retail sector. 

The group also wants to see a “world class transportation system” that will eliminate the need for single occupancy vehicles. 

“Livable Berkeley believes it’s not necessary for all of us to ride around in single occupancy vehicles. Right now I can get anywhere in Berkeley faster on a bike than you can in a car,” he told a reporter. 

For those who can’t peddle a two-wheeler, he points to Segways and jitneys as two alternatives. 

Another goal of the organization is the reorganization of the structures of city government to provide more transparency for developers seeking to build in the city. 

“The way it is now, Berkeley scares away a lot of developers,” he said. “It doesn’t serve the city to have all development in the hands of a small, self-selected group.” 

Other issues of concern to the group include open space—they want more—creek restoration—they like it—and the needed for more trees, plantings and plazas along major streetscapes. 

“We’re also tracking individual building projects, and we’re going to be more pro-active in city policy issues and in building community-wide discussion on subjects like design.” 

Livable Berkeley members are also tracking projects and issues as they come before the City Council, Planning Commission and Zoning Adjustments Board and making their opinions heard. A candidate forum is in the works for this fall, as well as a symposium and community meeting on downtown transportation issues. The group also publishes the quarterly Livable Berkeley Newsletter, available for downloading on their website, www.livableberkeley.org. 

“Growth and change are inevitable,” Early says, “and they provide the opportunities for making a very positive impact on the community.” 

ª


Gilbert Jumps Into District 5 City Council Race

By MATTHEW ARTZ
Tuesday July 06, 2004

One of the City Council’s loudest and most prolific critics is seeking a seat on the legislative body she has relentlessly hounded for the past two years. 

Barbara Gilbert told the Daily Planet Monday she is joining the race to replace outgoing Councilm ember Miriam Hawley in District 5. The homeowner-heavy district in the north-central part of town—beginning at Vine Street and extending to the upper Solano Avenue business district—has spawned politically moderate councilmembers since it was created in 1986. 

While Gilbert is hoping to draw support from neighborhood groups who share her opposition to proposed property tax hikes, she acknowledges that she faces an uphill battle to defeat the current favorite, Zoning Adjustment Board member and local real estate agent Laurie Capitelli. A bipartisan cross-section of the council has already endorsed Capitelli. Councilmember Dona Spring is supporting the third candidate in the race, Green Party member Jesse Townley. 

Gilbert, a trained social worker and paral egal who spent four years muffled in the backrooms of Berkeley politics as a policy researcher to former Mayor Shirley Dean, has exploded on the political scene after Dean’s 2002 defeat.  

At times appearing as a one-woman crusade for government accountab ility and tax relief, Gilbert has shadowed the council, attending numerous public meetings, uncovering a costly city oversight, and questioning the sustainability of Berkeley’s high tax, high service government. 

She has criticized Mayor Tom Bates for beh aving in an “alarming, inappropriate and arrogant manner,” for his handling last year of the council’s debate of a library tax increase, described the Rent Stabilization Board as appearing to be “a bloated relic cow from another era that is getting fatter and fatter,” claimed the council was too scared to take on city unions and was ducking the recommendations of its budget commission, and most famously, in front of the City Council, accurately charged that Developer Patrick Kennedy wasn’t paying city assessments for the Gaia Building. 

Not surprisingly, Gilbert’s activism hasn’t won her many friends in City Hall. While councilmembers gave polite replies when told Gilbert was in the race, one council aide blurted, “Oh my God. God help us.” 

“She’s been a critical citizen,” Councilmember Hawley said. “Often, she has a point of view that is difficult to work with because she feels the council is doing the wrong thing or not paying attention to things.” 

For her part, Gilbert said the council would benefit f rom an unflinching voice of dissent.  

“I don’t think we’ve had an independent voice in the city,” she said. “People have private doubts, but are afraid to say things publicly.” One of her chief contributions as a candidate, she said, would be to offer cl ear policy positions and force Capitelli to do the same. District 5 has the usual parking, traffic and Creek Ordinance issues, but few endemic ones. Gilbert and Hawley both predicted the race would be fought on citywide concerns such as the budget and dev elopment. 

Gilbert opposes further university expansion and high density development on the fringes of residential neighborhoods, and wants to assess the effectiveness of the city’s economic development staff.  

However, the cornerstone of her campaign an d much of her last two years in public life will be that in an era of declining public revenues, Berkeley has avoided making the tough choices necessary to preserve its social programs without overburdening middle class homeowners. 

She opposes the four t ax hikes totaling $8 million in new revenue the City Council is planning to place on the November ballot. Instead she wants the city to extract further concessions from its unions, mainly to make them pay their retirement contributions. 

“I’m a very pro-u nion person,” she said. “But the world has changed and the kind of contracts the city of Berkeley has agreed to are unfortunately unheard of in the real world.” 

Gilbert, who chairs the Berkeley Alliance of Neighborhood Associations’ budget committee, has n’t sought endorsements yet, but has won praise from neighborhood leaders for her tough stands on city finances.  

“I think she’s worth supporting,” said Dean Metzger, the President of the Claremont-Elmwood Neighborhood Association. “She’s willing to spen d the time to dig up the facts. The problem is no one likes the facts she finds.” 

Capitelli has already wrapped up key endorsements from across the political spectrum and raised $13,000 for the race. A partner at Berkeley’s Red Oak Realty, Capitelli said he counts among his supporters Hawley, Mayor Tom Bates, councilmembers Gordon Wozniak and Linda Maio, Planning Commission Chair Harry Pollack and former District 5 candidate and noted preservationist Carrie Olson. 

The endorsement he lacks—and appears ce rtain to be denied—is from Dean, the former mayor who represented District 5 from 1986 through 1994 and out-polled her rival Bates in the district in 2002. 

Dean had no comment on whether she was considering a possible run for the seat or a candidate to e ndorse. However she said of Capitelli, “He has been described to me as a clone of Bates, and I tend to agree with that.” 

That doesn’t mean that Dean’s endorsement is necessarily going to Gilbert. Talk around City Hall is that the two have had a falling o ut since 2002. Asked about the reported rift, Gilbert wondered if her independent leap into partisan city politics had rubbed Dean the wrong way. 

“I do have strong opinions and I had not consulted her,” Gilbert said. “She may be miffed.” 

Dean, who conf irmed that the two discussed the race several months back, said she agreed with Gilbert about some things, but not everything. 

Rounding out the announced candidates for District 5 is Disaster Council member Jesse Townley. 

Townley works as the board sec retary of punk rock venue 924 Gilman Street, and is the former executive director of Easy Does It, a nonprofit that provides assistance and transportation for disabled residents. At 33 years-old, Townley, who has lived in Berkeley for 15 years, casts himself as someone who can work towards common sense solutions to the city’s problems and bring more young non-student voters into Berkeley political life. 

“I think people are excited that someone from the activist political art scene is running,” he said. In addition to Spring, Townley said he has won the endorsement of the Alameda County Green Party and is courting Health Commission member and former District 5 candidate Tom Kelly. 


Three City Unions Vote for Pay Deferral

By MATTHEW ARTZ
Tuesday July 06, 2004

Members of three city unions have voted overwhelmingly to ratify a deal that defers roughly half of their cost of living pay raises to help the city close a $10.3 million budget shortfall. 

Two city Service Workers International Union (SEIU) locals voted to reduce their pay hikes from five percent to 2.46 percent for the next ten-and-a-half months, when they expect to recoup the deferred percentage. 

Also, police officers voted 116 to 25 to reduce their increase from five percent to two for six months. Officers also agreed to an additional $646 cut per employee. 

The votes give the city one year of financial breathing room, and—city officials hope—increased leverage in exacting concessions from Berkeley’s three other public employee bargaining units that have resisted the city’s offer. 

“[The vote] was a pretty dramatic statement by the employees that they’re willing to get behind this,” said Deputy City Manager Lisa Caronna. “We’re hoping that the other unions that didn’t see it that way will reconsider this as a good option.” 

Last month, the city invoked a fiscal emergency clause for Public Employees Union Local One and the International Brotherhood of Electrical Workers Local 1245, forcing them to accept the same conditions agreed to by the SEIU employees. Both unions have hinted at taking the city to arbitration over the move. 

Berkeley firefighters, who don’t have a fiscal emergency clause in their contract and have rebuffed city requests that they defer scheduled salary increases, face $300,000 in budget cuts this fall. The cut is equal to the amount the city would have saved had the firefighters agreed to accept only a two percent increase, deferring the remaining three percent of their scheduled five percent increase. 

Caronna said the city still planned to offer the SEIU deals to Local One and IBEW Local 1245, which, if they accept, would shield them from layoffs this year and prevent the city from invoking the fiscal emergency contract until their contracts expire in 2008. 

Despite increasing political pressure on IBEW (which at 20 members is the city’s smallest union) and Local One (which as the representative of middle managers is the best paid among non uniformed personnel) neither group has shown signs of yielding. 

“The vote will have no effect on us,” said IBEW Shop Steward Rick Chan. “If you stand on principal, numbers don’t matter.” He contends the city has not negotiated with his union in good faith under the “meet and confer” process and has ignored the union’s offer to save the city money through voluntarily taking time off. 

In all, the salary deferrals and other employee related cuts will save the city $2.8 million, of which $1.4 million would go to the general fund. 

The deal, however, is only a one year stop-gap measure. With the city forecasting a $5 million deficit next year, Caronna said further union concessions might be required.›


Editorial: In Support of Kamala Harris

By Congresswoman Barbara Lee
Tuesday July 06, 2004

EDITOR’S NOTE: It is not conventional for newspapers to turn over their editorial space to “politicians.” Papers are expected to maintain a detached approach to the issues of the day, and to assume that those who represent us are guilty until proven innocent. But the owners and publishers of this paper (which has never been accused of being conventional) have had a “Barbara Lee Speaks for Me” bumper sticker on their old red van since Barbara was the sole vote against the invasion of Afghanistan. Our senior editor, who was living in Napa at the time, remembers thinking that he wished she was his representative. Of course, we reserve the right to tell our Congresswoman if she makes any mistakes in the future, but today we’re very pleased that she’s written this guest editorial for us. Today, Barbara Lee speaks for the Berkeley Daily Planet.  

 

The violent death of San Francisco Police Officer Isaac Espinosa is a tragedy that has caused great sorrow. Of course, my heart goes out to the family of Officer Espinosa, to his fellow officers and to a community that seeks justice—just as every reasonable person does. 

Some in the community—especially his family and colleagues in the Police Department—have tried to build sufficient pressure to force District Attorney Kamala Harris to seek the death penalty, despite her clearly stated and long-held opposition to this ultimate sanction. She has been harshly criticized for remaining true to her pledge to the electorate not to seek the death penalty—in other words she's being asked to break her compact with the voters. 

I understand why the use of—or refusal to use—the death penalty arouses such strong emotions. But there is too much evidence that the death penalty is the wrong penalty for our society. I understand the enormous pressures on Kamala Harris when she stands for principle in the face of controversy. I salute her willingness to stand tall in the face of overwhelming criticism, and in so doing, she vindicates the most important principle of our representative democracy: Elected officials should stand by their pledges to the voters. 

Whether one agrees or disagrees with the death penalty—in this case in particular, or in general—we should all respect the district attorney for fulfilling her commitment to these voters. 

 

Congresswoman Barbara Lee represents California’s ninth district. ›


Letters to the Editor

Tuesday July 06, 2004

FINE ARTS BUILDING 

Editors, Daily Planet: 

I am concerned that the quotation attributed to me in the article “Death of Fine Arts Cinema Ends a Legendary Tradition” (Daily Planet, July 2-5) may be misinterpreted. The quote, which follows a lengthy article covering every aspect from the cultural contribution of the theaters original owner, to the demolition and construction, might create the impression that I am adverse to the Fine Arts building. 

I want to emphasize that I have no problem with the size, appearance or number of apartments, etc. of the Fine Arts Building. My comments relate to my disappointment when I was told that a movie theater I was looking forward to attending is no longer being planned at that location. If the cost of outfitting the unfinished space as a movie theater is too expensive perhaps the space could be developed as a small supermarket. The new residents of Fine Arts building, as well as the thousands of residents in the surrounding area assure that of a place within walking distance where we could buy groceries and fresh produce would be both profitable and appreciated. 

Elliot Cohen 

 

• 

AC TRANSIT  

Editors, Daily Planet: 

In the article entitled “‘Scathing’ Report Blasts UC Developments Plan” (Daily Planet, June 29-July 2), it was stated that “AC Transit is considering a ‘bus rapid transit’ alternative...which would reduce the number of auto lanes on Telegraph below Dwight from four to just two.” This is not true. From Dwight Way to downtown Oakland, there are at least six, and often seven “auto” lanes on Telegraph, because one must certainly consider parking lanes as “auto” lanes. There are, however, only four or five traffic lanes. The proposal will not affect the number of traffic lanes, only the traffic mixture on them. The number of lanes available to autos would be reduced by approximately one third, rather than one half. Considering this reduction of lanes using the proper proportion may well reflect the percentage of travelers using bus transit compared to those using autos along that corridor, even without taking into account the ridership increases that improved bus service could bring. 

Bruce De Benedictis 

Oakland 

 

• 

CITY SALARIES 

Editors, Daily Planet: 

The recent revelation that the Oakland City Council voted to support keeping public officials salaries private is shocking but not surprising. 

Perhaps the Daily Planet could ask the mayor to make public a list of Berkeley’s officials and their salaries. It would also be educational to know how many more vacant positions there are that whose elimination will bring about further budget savings? 

I suggest that until we get real answers to these questions that we all vote against any further tax or fee hikes. Such knowledge of where our tax  

dollars goes would seem to be the foundation of a democracy. Even in Berkeley. 

Paul Rabinow 

 

• 

BURIAL GROUND 

Editors, Daily Planet: 

An American Indian burial ground in Lafayette has been dug up, having been hidden beneath a housing development known as Hidden Oaks. When it was dug up, there were 80 sets of human remains and artifacts. Despite the burial ground, there are still planned to build two dozen upscale homes. I hope that the City of Lafayette will respect American Indian burial ground as sacred and not be desecrated for a housing development. 

Billy Trice, Jr. 

Oakland 

• 

TERROR ALERT 

Editors, Daily Planet: 

The nightly news reported that for the July 4 weekend the color-coded terrorist threat level would not be changed. However, terrorists continue to target the U.S.A., so Secretary of Homeland Security Tom Ridge issued a statement urging “…all Americans to be on the alert for signs of terrorist activity.” 

I inferred from this that if I saw a sign of terrorist activity it was my civic duty to inform the local police. Even if terrorists are prone to give signs of their activity I don’t think I’d recognize one if I saw it. Can there be a sign of terrorist activity and no terrorist activity? Can there be terrorist activity and no sign? 

Other people must be in the dark too. It would help if Mr. Ridge published an alphabetized list of terrorist activities together with their corresponding signs. 

It’s now July 6. Can I stop being alert then or should I wait for Mr. Ridge’s advice? And, why don’t the newspapers keep us informed as they do when they alert us to the possibility of fires, floods, and mudslides? 

Marvin Chachere 

San Pablo 

 

• 

BUSH TAX RECORD 

Editors, Daily Planet: 

Our taxes have skyrocketed—thanks to George Bush. 

“Bridge toll goes up one dollar,” the headlines read. Now we have to pay one dollar more just to cross the freaking bridge? 

“Local school bonds pass,” says the news. Great. Now every house in town coughs up $100 a year more to educate our kids. 

“FBI asks police to step up local patrols,” said the radio this morning. How is this paid for? How do you think? More local taxes. 

“Sales tax goes up” is followed by “Property tax increase” and “State income tax rate change announced.” Not to mention all the interest on the two trillion dollars worth of loans we co-signed for so that Bush could purchase the Simple Life for Enron, Halliburton and Carlyle. 

George Bush claims that he has lowered our taxes? Bull dookie! He just serves them up to us in a different form. Sure we get $400 back from the IRS. And then we pay thousands more at the pump, in health care costs and wage loss.  

And factor in the sad fact that we are the ones who pay most of the taxes now. Corporations no longer help us out. In 1950, U.S. corporations paid 40 percent of all taxes (and despite this so-called tax burden, business and commerce flourished too. For them, the right to do business in a healthy American economy was worth every cent!) Now corporations only pay seven percent. And guess who pays the rest? You. Me. The bus driver. The small farmer. The postman. The night clerk at the convenience store. 

What can we do? For starters, let’s balance the federal budget. How? We could start by not buying the things that we don’t need. For instance, let’s stop squandering 60 percent of our income on buying overpriced, falsely advertised designer wars. 

Jane Stillwater 

 


Hauling Away Davis Hall is a Long Haul Indeed

By JIM SHARP
Tuesday July 06, 2004

Say good-bye to Hearst Avenue as you’ve known it—at least until 2007. 

Imminent changes to traffic patterns on Hearst Avenue and adjacent streets were discussed at a “Pardon Our Dust” meeting on June 21, hosted by UC Berkeley’s Facilities Services personnel in partnership with the city’s Office of Transportation staff. 

City staff is poised to surrender much of Hearst’s 2500 block to UCB’s contractors during construction of an 85-foot-tall structure known as the Davis Hall North Replacement Building (DHNRB) at Hearst and Le Roy. 

Councilmembers Betty Olds and Kriss Worthington attended, along with nine local residents. 

 

Security Fence Soon 

In late July or early August, we learned, a fence will sprout along the entire length of Hearst Avenue’s 2500 block between North Gate and Cory Hall. 

A crosswalk will be removed and pedestrians rerouted. “For safety reasons” access to Central Campus will be restricted to North Gate (at Euclid) or via the new stairway near Founder’s Rock, two city blocks east. UCB acknowledges that the detours “will be frustrating for some.” 

The fence posts will be anchored sufficiently far out into Hearst Avenue to create a “truck stacking” chute for eastbound construction vehicles involved with the demolition of old Davis Hall. Excavation (i.e., a 45-foot-deep hole) and eventual construction of DHNRB will follow. 

Creation of yet another UCB staging area on City property no doubt will be good news for custodians of the ailing municipal budget since (1) UCB’s contractor will pay high rent for street space, (2) parking enforcement personnel will have reduced routes, and (3) up to 40 percent of Northside parking meters are usually out of service anyway. 

A June 2001 Draft EIR warned the public: The DHNRB site is a very tight spot for a large construction project; having trucks offloading on Hearst Avenue essentially means shutting down at least one lane of the two-lane road for several hours at a time; because the trucks would be much wider than the average car, there would be a roadway impact; however, when the construction crane is actually lifting steel off the trucks, traffic would be stopped for safety reasons. 

 

Big Rigs On Small Streets 

After completing their loading or unloading, eastbound trucks are to proceed uphill to the Galey-La Loma traffic signal and then make three consecutive left turns on small streets before turning right (and west) back onto Hearst Avenue. 

For local residents, this “La Loma-Ridge-Le Roy loop” concept is deja vu all over again. A similar UC-city “partnership” subjected Ridge Road residents to a year-long siege during construction of the Goldman School of Public Policy annex in 2001-2002. 

At nearly 150,000 gross square feet, DHNRB is a project more than 12 times larger than the GSPP annex. 

So how many 15-cubic-yard trucks can residents expect to see rumbling down their streets, beginning as early as 7a.m.? The EIR tells us 4,400—but that’s just the excavation part. There are thousands more huge trucks with demolition debris and construction materials backhaul—for the next two and a half years or more. 

Why doesn’t UCB route vehicles back through Central Campus instead of looping through Northside residential streets? “The route is too narrow and winding for navigation by construction traffic,” UCB tells us. 

If ever there was a street plan designed to “externalize” UCB construction costs, this is it. 

 

Controlling Contractors 

Instead, residents were invited to serve as UCB’s “eyes on the street” to make sure that contractors behave according to the rules. “We can’t control 200-300 people as we can our own kids,” we were told.  

Where will the contractors park their vehicles? “We’re not providing anything on campus,” was the answer. “A lot location hasn’t been determined.” There was some talk about bussing in contractors who park at the Hearst and Oxford lots, but that too remains to be worked out. We also heard vague commitments to create “incentives to carpooling”. 

 

Displaced Commuter Traffic 

Although DHNRB will not be as large as the nearby Stanley Biosciences and Biotechnology Facility on Gayley Road, its staging requirements promise to impact commuter behavior and local residents far more severely than does the Stanley construction. 

Constrict the Hearst Avenue artery and traffic will seek ways around the blockage via adjacent residential streets. 

Barely mentioned at the meeting were the likely cumulative transportation impacts stemming from the upcoming Building 49 project at LBNL and the completion of the Stanley facility. All three projects will overlap. 

Will DHNRB trigger the “environmental train wreck” predicted by residents three years ago? It’s too early to say. But the “Pardon Our Dust” meeting offered very little assurance that the quality-of-life interests of local residents will be protected either by UCB and its contractors or the city’s transportation staff. 

Hauling away Davis Hall is just the start of what promises to be a very long haul indeed. 

UCB construction-related transportation impacts (both Northside and Southside) are scheduled to appear on the agenda of the next Transportation Commission meeting, to be held Thursday, July 15. 

 

Jim Sharp is a North Berkeley resident. 

 


Reflections on ‘Fahrenheit 9/11’

By GEORGE PALEN
Tuesday July 06, 2004

What this country needs is truth and reconciliation. South Africa did it. So should we. 

What this country does not need is more killing. No more war making. No more death penalties, not even for certain mass murderers like Bush, Cheney, Rumsfeld, Tenet, the Carlyle Group, Haliburton and anybody else that is pushing for the carnage that is occurring throughout the world as a result of our government’s foreign, domestic and covert policies. 

And what this country does not need is more prisons, or more prison torture, or more people making more money off of putting people in prison. In fact there are some people that need to get out of prison: like Mumia Abu Jamal; like Leonard Peltier; like every young promising mind that was robbed of childhood opportunities by an inequitable public school system, every young mind chased into a life of crime by a power structure that is afraid of an underclass that can think and organize and work for itself. 

And what this country does not need is another phony election, foisted upon the American people to convince them that democracy is alive albeit slightly  

flawed. Americans in 2004 will not pick their next president any more than my dog chooses what she eats for dinner. My dog would choose carrots and left over burritos were she to choose what she ate for dinner. Instead she eats processed dog food. My dog does not choose what she eats. I choose what she eats. 

And the American people do not choose their president. The power elite chooses the president. No self-empowered and self-respecting public would stand for an election where the top two candidates, the only two viable candidates, were in favor of expanding a war that most citizens think is wrong and many think is genocidal; where the top two candidates are unwilling to even consider a universal system of health care favored by the majority; where the top two candidates are on record supporting measure after measure that transfers wealth from the poor and working class to the wealthy. 

And what this country does not need is another 9/11, because the last one was used to take this country down the path of war and repression. At a time when the Bush administration wanted to establish a greater military presence in the Middle East (the plans for the Afghan invasion were on the table before 9/11) yet could not because of the political climate, 9/11 was the perfect catalyst for the U.S. military aggression that we see today. And whether you believe that the Bush administration was innocently caught off guard, or that they helped facilitate the attacks, it is indisputable that the Bush administration and the military industrial complex are profiting mightily from the attacks. And the rest of the world is suffering. 

Yes it is time that the truth come out in this nation: truth about the real motives of those in power today; truth about why wars are waged, about who controls the media and why and how, about who wins and who loses with globalization; truth about what happened on Sept. 11, 2001; truth about the real perils that are facing mankind in the near future (like the energy and population crises) and an honest assessment of what needs to be done so that solutions to these problems are effective, compassionate and sustainable. 

The United States government is not a democracy. It is a crime against humanity. It is time that those in control of the U. S. government be shown the door. The American people need to stand up for what is right for humanity and the world. We need to firmly, nonviolently and compassionately take control away from the corrupt men in power in Washington D.C. The world is begging us to do this. 

World power currently resides in the secretive halls of the Pentagon, in the secretive commissions of the Bush administration, in the secretive meetings of the World Trade Organization, and in the secretive back rooms of big corporations. 

Power in this world belongs in local communities. It is time that we create societies that govern themselves locally and with wisdom, where the intricacies of democracy are known by all and practiced daily in every corner of the nation and indeed in every corner of the world. 

This vision of a new country, of a new world with real democracy and local power can only evolve when retribution is an idea of the past, when citizens understand that every one of us can and must be a positive part of a healthy society. To say that we need a paradigm shift is to understate things a bit. 

It is time for truth and reconciliation. South Africa did it. So should we. 

 

George Palen is a school teacher and a Berkeley resident. 


Gilroy’s Bonfante Gardens is a Varied Delight

By STEVEN FINACOM Special to the Planet
Tuesday July 06, 2004

If you’re yearning for a kinder, gentler, theme park, something that works for both children and adults but doesn’t cost a fortune, a week’s vacation time, or leave you too exhausted, this may be the summer to visit Bonfante Gardens.  

Bonfante Gardens is located an hour and a half south of Berkeley, near Gilroy. Opened four years ago by Michael Bonfante, who financed much of the project from the sale of the Nob Hill Foods grocery chain, it’s an enjoyable and intriguing place, interesting and varied, and small enough to be seen thoroughly in a day trip. 

Gilroy, half an hour beyond San Jose, is still an agricultural town, although increasingly ringed by subdivisions and strip malls. Bonfante Gardens is a few miles west, on Hecker Pass Highway headed towards Santa Cruz. The vicinity remains very attractive with oak studded hills, old farms, and country roads, but is rapidly being defaced with trophy home ranchettes and standard stucco-box subdivisions. 

Bonfante Gardens resembles, in the most positive sense, a well-run old-fashioned carnival set down in the midst of a botanical garden. It seems to find its precedents more in Victorian era promenades and traditional amusement parks than today’s hyper-excited and over-hyped theme parks. And it’s a nonprofit, dedicated to horticulture, education, and beautification. 

There were hundreds of younger children having fun when we visited on a not too crowded day. But it may not be the most exciting experience for older children. Your 15-year-old will probably not thank you for driving him or her an hour and a half south to visit rides called “Bulgy the Goldfish” and the “Garlic Whirl.”  

The park has about 20 rides. There’s a Ferris wheel and a roller coaster. Other rides modestly spin, fly, roll, and tilt. Swan paddleboats ply a lake and a midway offers games of chance and prizes (extra charge to play). Both adventurous and shy children should find enough to entertain them. There also seemed a good balance between rides for different ages, such as carousels of different sizes and speeds. 

Most of the rides reflect agricultural or historical themes from the Gilroy area, including a “Mushroom Swing,” “Apple & Worm” (the latter circling around inside the former), “Artichoke Dip” and “Banana Split.” These names may sound seriously silly, but the designs and appearance are charming, and it’s actually quite a relief to be free of the relentlessly branded, promoted, and oversold cartoon and popular culture characters found in other theme parks. 

A small open train, one-third scale and served by two stations, runs around the perimeter of the park. It takes only a few smoothly running but somewhat noisy minutes to complete its route. There’s also a small monorail on an elevated track. Both train and monorail, the latter high aloft, traverse the mammoth Monarch Garden greenhouse, which is filled with tropical trees and vines. 

Most rides were closed during our discount-price “Garden Day” visit but those that were running were fun, including the train, monorail, and “Rainbow Boats,” which bounced along a swiftly flowing channel past polychromatic plantings.  

The newest attraction is a thoroughly enchanting “Wild Bird Adventure,” a covered open-air pavilion in which scores of bright plumaged Australian Parakeets, Zebra Finches, Eastern Rosellas, and Cockatiels, free fly and perch on and around visitors. To hand feed them you can buy stalks of seeds for $1; you surely will, if you have children with you. 

Nearby are five different waterfalls where one can run along a path and through a tunnel behind the water and get thoroughly splashed, and the “Pinnacle Rock Maze,” a quite cleverly arranged set of twisting, sunken, passages with child-sized tunnels between them.  

An outdoor amphitheater accommodates a trained bird show through Labor Day. We did not see it, but judging from the cries of the crowd during performances, the program was a hit.  

There are also the “circus trees,” grown by California farmer Axel Erlandson starting in the 1920s. If you’ve been in the Bay Area long enough, you may remember these trees as part of now-vanished roadside attraction (known for a time as “The Lost World”) in Scotts Valley along Highway 17 headed into Santa Cruz.  

They are living trees, primarily ashes, sycamores, box elders, and cork oaks, grafted and grown together in striking shapes. They form arches, curves, hearts, figure eights, holes, swirls, zigzags, pieces of furniture and one truly incredible “basket tree” that combines six sycamores into an enormous, evenly perforated, hollow shaft like a hallucinatory baobab or something out of Dr. Seuss.  

The circus trees are scattered throughout the park. They pop up here are there in all their startling oddity without competing with the other ornamental plantings. Adults uninterested in the rides can get a lot of enjoyment out of the trees and other features of the gardens and the grounds. 

Some of the specialty gardens may not live up to their advance billing. I spotted just one water lily flower in the large lily pond when we were there in mid-June. But there are plenty of other attractive, interesting, well-kept plantings, some rarities that will excite garden enthusiasts, and scores of amusing and impressive topiaries that pop up throughout the park. 

Each garden has its sequence of ponds and cascades and the park is centered on a large lake fed by an impressively wide shelf of falling water. The architecture of the park is also intriguing. One of the train stations, for example, is a handsome pitched-roof wooden pavilion with a row of living redwoods stalking down the center. 

Both parents of small children and older visitors will be happy to know that plenty of picnic and seating areas are provided, some with quite clever child-sized seating. The park seems fairly wheelchair friendly and easy to get about, although the rides don’t really look accessible.  

There are several restaurants (barbecue, pasta, grilled meat, a taqueria), food stands, and beverage stops. The food we had was decent and not too overpriced, except for the soft drinks (nearly $3 each). Beer is sold in some of the eating places. Numerous and clean restrooms are available. There are several gift shops, as well as plants for sale near the exit.  

One of the few discordant elements, in my view, was the music that welled up here and there through the park from mushroom shaped outdoor speakers. The relentlessly bouncy yet ethereal beat had me peering behind the bushes searching for someone with a synthesizer. At one point a full-throated rendition of “Volare,” of all things, swelled out of the foliage.  

Some of the recorded ride narration is also hard to follow. But those are minor things compared to the overall appeal of the park. If you have a free weekend or weekday this summer, I think it’s worth the trip. 

 

 


Arts Calendar

Tuesday July 06, 2004

TUESDAY, JULY 6 

THEATER 

Shotgun Theater Lab “Four Echoes” at 8 p.m. at The Ashby Stage, 1901 Ashby Ave. Free, sugggested donation up to $15. 841-6500.  

EXHIBITION OPENINGS 

Tabitha Soren, “Recalling Democracy: A Snapshot of History,” color photographs, opens at The Photolab Gallery, 2235 Fifth St. Exhibition runs to Aug. 14. 644-1400. www.photolaboratory.com 

“Within Small See Large” rocks in Chinese painting opens at the Berkeley Art Museum, 2626 Bancroft Way. 642-0808. www.bampfa.berkeley.edu 

“The Korean Potter” opens at the Berkeley Art Museum, 2626 Bancroft Way. 642-0808. www.bampfa.berkeley.edu 

FILM 

Time’s Shadow: “Lyrical Nitrate” at 7:30 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

Kirk J. Schneider introduces “Rediscovery of Awe: Splendor, Mystery, and the Fluid Center of Life” at 7:30 p.m. at Black Oak Books. 486-0698. www.blackoakbooks.com 

MUSIC AND DANCE 

Jazzschool Faculty at 8 p.m. at Downtown. 649-3810. 

Jazz House Jam hosted by Darrell Green and Geechy Taylor at 8 p.m. at The Jazz House. Donation $5. www.thejazz- 

house.com 

Edessa, Balkan/Turkish music at 9:30 p.m. at Ashkenaz. Dance lesson with Ahmet Luleci at 7:30 p.m. Cost is $9. 525-5054. www.ashkenaz.com 

Veretski Pass, traditional Eastern European Jewish music, at 8 p.m. at Freight and Salvage. Cost is $17.50 in advance, $18.50 at the door. 548-1761. www.freightandsalvage.org 

Jackie Allen at 8 and 10 p.m. at Yoshi’s at Jack London Square. Cost is $10. 238-9200. www.yoshis.com 

Jazzschool Tuesdays, a weekly showcase of up-and-coming ensembles from Berkeley Jazz- 

school at 8 p.m. at Jupiter. 848-8277. 

Black Box Series of Creative Music at 8 p.m. at the Oakland Box, 1928 Telegraph Ave. Cost is $7. 451-1932. www.oaklandbox.com  

WEDNESDAY, JULY 7 

EXHIBITION OPENINGS 

Fire Arts Festival opens at The Crucible, 1260 7th St., Oakland. with fire and light artworks, workshops and lectures, through July 11. For details see www.thecrucible.org 

FILM 

Exploit-O-Scope: “The Mask” at 7:30 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

JoAnn Levy reads from “Unsettling the West: Eliza Farnham and Georgiana Bruce Kirby in Frontier California” at 7:30 p.m. at Black Oak Books. 486-0698. www.blackoakbooks.com 

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

MUSIC AND DANCE 

Roy Tyler sings gospel music at noon at Oakland City Center at the 12th St. BART. www.oaklandcitycenter.com 

Club Tecknoir at 10 p.m. at the Oakland Box, 1928 Telegraph Ave. Cost is $4. 451-1932. www.oaklandbox.com  

DP & The Rhythm Riders at 8:30 p.m. at Ashkenaz. Dance lesson with Pattie Whitehurst at 8 p.m. Cost is $9. 525-5054. www.ashkenaz.com 

Mike Marshall and Choro Famoso, Brazilian fusion, at 8 p.m. at Freight and Salvage. Cost is $17.50 in advance, $18.50 at the door. 548-1761. www.freightandsalvage.org 

Improvised Composition Experiment, open jam session for out and experimental sounds, at 8 p.m. at The Jazz House. Cost is $5 to play or listen. www.thejazzhouse.com 

The Devotion at 9:30 p.m. at Blakes on Telegraph. Cost is $8.  

848-0886. www.blakesontelegraph.com 

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

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

Blowout, modern jazz, at 8 p.m. at Jupiter. 848-8277. 

Fred Randoph Quintet at 8 and 10 p.m. at Yoshi’s at Jack London Square. Cost is $10. 238-9200. www.yoshis.com 

Sotaque Baiano, salsa, at 8 p.m. at Shattuck Down Low, 2284 Shattuck Ave. Cost is $5-$10. 548-1159. 

THURSDAY, JULY 8 

EXHIBITION OPENINGS 

“Sacred Spaces,” an exhibition of installation works by Seyed Alavi, Taraneh Hemami, Dee Hibbert-Jones and Nomi Talisman, Rhoda London, and Rene Yung. Curators walk-through at 7 p.m. Exhibit runs through Aug. 7 at the Berkeley Art Center. Gallery hours are Wed. - Sun. noon to 5 pm. www.berkeleyartcenter.org 

FILM 

Alternative Visions: “Love is a Treasure” at 7:30 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

Tawni O’Dell reads from her new novel “Coal Run” at 7:30 p.m. at Black Oak Books. 486-0698. www.blackoakbooks.com 

Word Beat Reading Series at 7 p.m. with featured readers Paradise and Charselle, followed by an open mic, at Mediterraneum Caffe, 2475 Telegraph Ave., near Dwight Way. For information call 526-5985.  

MUSIC AND DANCE  

Summer Noon Concert with Capoeira Arts Café at the Berkeley BART. Sponsored by the Downtown Berkeley Association. 

Hot Buttered Rum String Band, bluegrass, at 8:30 p.m. at Ashkenaz. Cost is $9. 525-5054. www.ashkenaz.com 

Ducksan Distones, featuring Donald “Duck” Bailey on piano, at 8 p.m. at The Jazz House. Cost is $8-$15 sliding scale. www.thejazzhouse.com 

The Latrelles, Bump at 9:30 p.m. at The Starry Plough. Cost is $5. 841-2082. www.starryploughpub.com 

Rushad Eggleston’s Wild Band of Snee at 8 p.m. at Freight and Salvage. Cost is $15.50 in advance, $16.50 at the door. 548-1761. www.freightandsalvage.org 

Spyro Gyra at 8 and 10 p.m. at Yoshi’s at Jack London Square. Through Sun. Cost is $15-$26. 238-9200. www.yoshis.com 

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

Keni El Lebrijano, flamenco guitar, at 9 p.m. at Downtown. 649-3810. 

Da Cipher, hip hop, at 9 p.m. at the Oakland Box, 1928 Telegraph Ave. Cost is $10. 451-1932. www.oaklandbox.com  

FRIDAY, JULY 9 

CHILDREN 

Goofy Spoofy Storytime with reading of “Baghead” and “Plaidypus Lost” at 10:30 a.m. at Barnes and Noble. 644-0861. 

EXHIBITION OPENINGS 

“Whimsy” Works by Bay Area artists, reception at 6 p.m. at ACCI Gallery, 1652 Shattuck Ave. 843-2527. www.accigallery.com 

Fire Arts Festival at The Crucible, 1260 7th St., Oakland. with fire and light artworks, workshops and lectures, through July 11. For details see www.thecrucible.org 

Tanaka Ryohei, “Japanese Etchings” Reception at 6 p.m. at the Schurman Fine Art Gallery, 1659 San Pablo Ave. 524-0623. 

THEATER 

Alameda Civic Light Opera “Fiddler on the Roof” directed by Jeff Teague. Fri.-Sat. at 8 p.m. Sun. at 2 p.m. to July 25, at Kofman Auditorium, 2220 Central Ave., Alameda. Tickets arre $23-$25 available from 864-2256. www.aclo.com 

Aurora Theatre “Betrayal,” by Harold Pinter, directed by Tom Ross, at 8 p.m. and runs through July 25. Tickets are $34-$36. 843-4822. www.auroratheatre.org 

Berkeley Rep “Master Class” with Rita Moreno at The Roda Theater. Runs through July 18. 647-2949. www.berkeleyrep.org 

California Shakespeare Theater “Henry IV” Tues.-Fri. at 7:30 p.m., Sat at 8 p.m., Sun. at 4 p.m. at the Bruns Memorial Amphitheater, through Aug. 1. Tickets are $13-$32. 548-9666. www.calshakes.org 

Contra Costa Civic Theatre “My Fair Lady,” directed by Michael Manley, through Aug. 14, Fri.-Sat. at 8 p.m., selected Sun. at 2 p.m. Contra Costa Civic Theatre, 951 Pomona Ave, El Cerrito. Tickets are $12-$20. 524-9132. www.ccct.org  

Prescott-Joseph Center, “Raisin” an adaptation of “A Raisin in the Sun” Fri. and Sat. at 7:30 p.m., Sun. at 4 p.m. to July 11, at the Sister Thea Bowman Memorial Theater, 920 Peralta St. West Oakland. Theater is outdoors, dress for cooler temperatures. Tickets are $5-$15. 208-5651. 

Woodminster Summer Musicals “Annie” at Woodminster Amphitheater in Joaquin Miller Park 3300 Joaquin Miller Rd., Oakland. July 9-11, 16-18, at 8 p.m. Tickets are $19-$31 available from 531-9597. www.woodminster.com 

FILM 

The Invention of Western Film: “My Darling Clementine” at 7 p.m. and “Pursued” at 9:15 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

Bay Area Writing Project, Young Writers Group reading at 7 p.m. at Cody’s Books on Fourth St. 559-9500. www.codysbooks.com 

By the Light of the Moon Open mic for women hosted by Karen Broder, at 7:30 p.m. at Changemakers Books, 6536 Telegraph. Skiding scale $3-$7. 655-2405. www.changemakersforwomen.com 

MUSIC AND DANCE 

Steve Taylor, singer-songwriter, from 5 to 8 p.m. at International House, 2299 Piedmont Ave. 

South Austin Jug Band, Joe and Lucio, Happiness at 9:30 p.m. at The Starry Plough. Cost is $8. 841-2082. www.starryploughpub.com 

Lavay Smith & Her Red Hot Skillet Lickers at 9:30 p.m. at Ashkenaz. Swing dance lesson at 8 p.m. with Nick and Shanna. Cost is $13. 525-5054. www.ashkenaz.com 

Jefe Salsa, traditional rhythms from Cuba and Puerto Rico, at 9 p.m. at La Peña. Cost is $8-10. 849-2568. 

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

Larger Than Life, Whiplash at 9:30 p.m. at Blakes on Telegraph. Cost is $10. 848-0886. www.blakesontelegraph.com 

Palm Wine Boys at 8 p.m. at Freight and Salvage. Cost is $15.50 in advance, $16.50 at the door. 548-1761. www.freightandsalvage.org 

Danny Caron at 9 p.m. at Downtown. 649-3810. 

Dave Matthews Blues Band and Doni Harvey perform from 5 to 7:30 p.m. in Baltic Square, in Point Richmond behind DeWitt Gallery and Framing at 117 Park Place. 236-1401. www.PointRichmond.com/prmusic  

Granola Funk Express at 10 p.m. at Shattuck Down Low, 2284 Shattuck Ave. Cost is $5-$7. 548-1159. www.shattuckdownlow.com 

Joshi Marshall Project at 8 p.m. at Jupiter. 848-8277. 

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

SATURDAY, JULY 10 

EXHIBITION OPENINGS 

“Summer Sky” reception from 7 to 9 p.m. at 4th Street Sudio, 1717D Fourth St. 527-0600. www.fourthstreetstudio.com 

Tabitha Soren, “Recalling Democracy: A Snapshot of History,” color photographs. Reception for the artist at 6:30 p.m. The Photolab Gallery, 2235 Fifth St. Exhibition runs to Aug. 14. 644-1400. www.photolaboratory.com 

“Vulnerability Two” A feminist visual artists exhibition, reception at 7 p.m. at Gravity Feed Gallery, 1959 Shattuck Ave. 644-4464. www.gravityfeed.net 

Richmond Art Center, reception for all artists with current exhibits from 3 to 6 p.m. at 2540 Barrett Ave., Richmond. 620-6772. www.therichmondartcenter.org 

THEATER 

San Francisco Mime Troupe at 2 p.m. at Cedar Rose Park, 1300 Rose St. www.sfmt.org 

Woman’s Will “As You Like It” Shakespeare set in 1960s London, at 1 p.m. at John Hinkel Park. 420-0813. www.womanswill.org 

FILM 

Bergman on a Summer Night: “Fanny and Alexander” at 1:30 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

READINGS AND LECTURES 

Bay Area Poets Coalition Open Reading from 3 to 5 p.m. on the lawn at 1527 Virginia St. 527-9905. poetalk@aol.com 

Gary Hart on “The Fourth Power: A Grand Strategy for the United States in the 21st Century” at 7:30 p.m. at Cody’s Books. 845-7852. www.codysbooks.com 

MUSIC AND DANCE 

West Coast Live with Susan McCarthy, Andrea Marcovicci, Amy Farris at 10 a.m. at the Freight and Salvage. Cost is $15 in advance, $18 at the door. 415-664-9500 or www.ticketweb.com 

Kotoja, Afro-Beat, at 9:30 p.m. at Ashkenaz. Dance lesson at 9 p.m. Cost is $13. 525-5054. www.ashkenaz.com 

Sufi Poetry and Classical Persian Music at 8 p.m. with Hossein Omoumi, at 8 p.m. at Julia Morgan Center for the Arts, Cost is $20-$30. 925-798-1300. 

Our Lady of the Highway, American Starlet, Jeffrey Lucas at 9:30 p.m. at The Starry Plough. Cost is $6. 841-2082. www.starryploughpub.com  

John Keawe, Hawaiian music 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 

Ofrenda with Jose Roberto Hernandez at 9:30 p.m. at La Peña Cultural Center. Cost is $12-$15. 849-2568. www.lapena.org  

The Rio Thing, Latin jazz, at 9:30 p.m. at Albatross, 1822 San Pablo Ave. Cost is $3. 843-2473. www.albatrosspub.com 

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

Psychokinetics, Sol Rebelz, Mickey Avalon at 9:30 p.m. at Blakes on Telegraph. Cost is $7. 848-0886. www.blakesontelegraph.com 

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

Carl Sonny Leland Trio “Boogie Woogie, Stomps and Rags” at 9 p.m. at Downtown. 649-3810. 

The Soviettes, Sleeper Cell, Deconditioned, Words That Burn 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. 

SUNDAY, JULY 11 

THEATER 

San Francisco Mime Troupe at 2 p.m. at Cedar Rose Park, 1300 Rose St. www.sfmt.org  

Woman’s Will “As You Like It” Shakespeare set in 1960s London, at 1 p.m. at John Hinkel Park. 420-0813. www.womanswill.org 

EXHIBITION OPENINGS 

“Viva la Charreria Mexicana” a photography exhibit by Heather Hafleigh at Peralta House, 2465 35th Ave., Oakland. Opening from 2 to 4 p.m. Exhibition continues through Sept.  

Matrix 212: “Intention to Fail” film and videos by Eija-Liisa Ahtila opens at Berkeley Art Museum, 2625 Durant Ave., with an artist’s talk at 3 p.m. 642-0808. www.bampfa.berkeley.edu 

“Sacred Spaces,” an exhibition of installation works by Seyed Alavi, Taraneh Hemami, Dee Hibbert-Jones and Nomi Talisman, Rhoda London, and Rene Yung. Reception for the artists from 2 to 4 p.m. Exhibition runs through Aug. 7 at the Berkeley Art Center, 1275 Walnut St. in Live Oak Park. Gallery hours are Wed. - Sun. noon to 5 pm. 

FILM 

Bergman on a Summer Night: “Fanny and Alexander” at 5:30 p.m. at the Pacific Film Archive. Cost is $4-$8. 642-0808. www.bampfa.berkeley.edu 

“Divided We Fall” a Czech holocaust drama, at 2 p.m. at the Berkeley Richmond Jewish Community Center, 1414 Walnut St. Suggested donation $2. 848-0237. www.brjcc.org 

READINGS AND LECTURES 

“Cien Mil Palabras de Neruda” 100,000 Words of Neruda, a community poetry reading marathon to usher in Neruda’s birthday, from noon at La Peña. 849-2568. www.lapena.org 

Susan Halpern on “The Etiquette of Illness” at 7 p.m. at First Congregational Church of Berkeley, 2345 Channing Way. Sponsored by Cody’s Books. 845-7852. www.codysbooks.com 

Poetry Flash with Al Young and William Minor at 7:30 p.m. at Cody’s Books. Donation $2. 845-7852. www.codysbooks.com 

MUSIC AND DANCE 

Teka, from Budapest, at 7:30 p.m. at Ashkenaz. Cost is $9. 525-5054. www.ashkenaz.com 

Americana Unplugged: Square Pegs String Band at 5 p.m. at Jupiter. 848-8277. 

Deaf Electric, bi-monthly experimental electronic series at 7 p.m. at The Jazz House. Cost is $8-$15 sliding scale. www.thejazzhouse.com 

Robert Lowery, Rev. Rabia and Virgil Thrasher, acoustic blues, at 8 p.m. at Freight and Salvage Coffee House. Cost is $15.50 in advance, $16.50 at the door. 548-1761 www.freight- 

andsalvage.org 

Jovino Santos Neto and Friends, Brazilian pianist, at 4:30 at the Jazzschool. Cost is $18. 845-5373. www.jazz- 

school.com


Scented Camphor Trees a Staple of Berkeley Streets

By RON SULLIVAN Special to the Planet
Tuesday July 06, 2004

There’s a piece of furniture in the Art Deco exhibit that just closed at the Palace of the Legion of Honor in San Francisco that seems to be deliberately designed for maximum use of precious materials. Come to think of it, there are several of those, the silver-plated canopy bed of some maharajah being a standout, if only because someone has to polish that big, complicated thing. But what I’m talking about was a writing desk, gesso’d and gilded with white gold, ornamented with ivory and rock crystal. It was built by one Sir Edward Maufe, out of ebony, mahogany, and camphorwood. 

Friends of mine received a dresser as a wedding gift; not at all Art Deco, but made entirely of camphorwood, and it looks and smells marvelous. The scent is a bit like the red cedar in your mother’s cedar hope chest, with maybe a bit of Vicks Vapo-Rub tang added—but only a bit, surprisingly. Seemed just the thing to store silks and woolens in, and in fact it’s supposed to be moth-repellent. 

Camphor isn’t quite so endangered as mahogany these days, and that’s largely because there’s so much of it living outside its home range of China, Taiwan, and Japan. It’s been planted as an ornamental and street tree in cities all over the temperate world, including here in Berkeley. They’re scattered around town, mostly on streets with old tree plantings; a row of good examples stands on the west side of Berkeley High, and there are several specimens, most in sad decline, in Martin Luther King Jr. Park just across Allston. They have brown, neatly furrowed bark, broad bases and rounded tops, shiny oval leaves and red-to-yellow new growth that looks pretty and optimistic. Their little white flowers aren’t spectacular; the black berries aren’t either, but are good bird chow. 

They’re a staple in cities and on streets of a certain age, and most of us don’t even notice them unless they’re picking up the sidewalk. If you see a tree you think might be camphor, it’s easy enough to be certain: pluck or pick up a leaf, crush it, and sniff. Every part of the tree has that volatile, scented oil in it. 

Camphor’s formal name is Cinnamomum camphora (sometimes seen as Cinnamomum camphorum) and yes, it’s related to the species that give us the spice cinnamon: Cinnamomum verum, Cinnamomum aromaticum (also called Cinnamomum cassia), Cinnamomum loureiroi (”Saigon cinnamon”), and several others. There’s a great heap of names in Latin and the various current languages that probably reflects the confusion, purposeful or not, that accompanied the precious stuff when it was part of the spice trade. 

Camphor oil is used these days mostly for “alternative” medicine and scent purposes. It was used externally for a long time against respiratory problems: Remember “John Brown’s baby had a cold upon its chest/And he rubbed it with camphorated oil”? It’s acknowledged as fairly toxic, and when externally applied or even just sniffed is usually diluted. I wouldn’t mess with it myself, but I freely admit that’s because I’m sure I had the lifetime maximum dose of Vapo-Rub by the time I was a still-wheezy 10-year-old. 

Quite a few of the camphors in Berkeley are senior trees nearing the end of their useful lives. I’m speaking in tree years, of course—think in decades and you’ll be in the right sort of Entish scale. They usually don’t get replaced with more camphors, mostly because they’re notorious for lifting pavement, and as you can see if you look at them in almost any curb strip, get nice wide buttress trunks that are squeezed and constrained by the sidewalks and curbs around them. 

It won’t surprise faithful readers to see that they’re invasive, too, mostly because of those tasty berries. (Some folks complain about black stains on pavements and cars from those, too.) They don’t get away here much, but are causing problems in the warmer bits of Australia and other semitropical places like Florida. Too bad; camphors are nice, stately trees in the right place, and even potentially useful when they give up the ghost, if the remains are milled for furniture. 

3


Berkeley This Week

Tuesday July 06, 2004

TUESDAY, JULY 6 

“Local Transportation Concerns” with Peter Hillier, Transportation Dept., City of Berkeley, at 5:30 p.m. at the Ecology Center, 2530 San Pablo Ave. Bring your list of issues, and food to share. Sponsored by Berkeley Ecological & Safe Transportation Coalition. 

Environmental Justice Workshop on Climate Change at 6:30 p.m. at the Elihu Harris State Building, 1515 Clay St., Room 1, Oakland. Sponsored by the California Air Resources Board. www.arb.ca.gov/cc/cc.htm 

Bamboo Building Strong as steel in tension, timber bamboo can grow three feet in a day, be sustainably harvested every year and uses a small fraction of the land required by trees. We will cover proper tool usage and joinery as well as design ideas that avoid the more difficult, time-consuming joints. From 7 to 10 p.m. at the Building Education Center, 812 Page St. Cost is $35. 525-7610. 

Adventure Racing 101 Learn about mountain biking, running, paddling and the equipment and skills involved, at 7 p.m. at REI, 1338 San Pablo Ave. 527-4140. 

“The Fourth World War“ A film about a war without end and of those who resist with powerful images from movements in Argentina, Mexico, Genoa, Iraq, New York, Palestine, Quebec City, South Africa and Korea. Benefit for SOUL/ 

Just Cause. At 9:15 p.m. at Parkway Theater, 1834 Park Blvd., Oakland. Cost is $7. vjmWest@yahoo.com  

American Red Cross Blood Services is holding a volunteer orientation from 9:30 to 11 a.m. at 6230 Claremont Ave. Volunteers are needed to support the more than 40 blood drives held each month. Advance sign-up needed. 594-5165. 

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 Spiral Gardens. 843-1307. 

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. 415-336 8736. dan@redefeatbush.com 

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 

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

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

WEDNESDAY, JULY 7 

Twilight Garden Tour “Don't Water the Natives!” Debunk the “Don't Water the Natives!” and other myths about gardening with California native plants, at 5:30 p.m. at UC Botanical Garden, 200 Centennial Drive. Cost is $12-$17. To register, call 643-2755. http://botanicalgarden.berkeley.edu  

Walk Berkeley for Seniors meets every Wednesday, rain or shine, at 9:30 a.m. at the Sea Breeze market, just west of the I-80 overpass. Everyone is welcome, wear comfortable shoes, sunscreen and a hat. 548-9840. 

Walking Tour of Old Oakland around Preservation Park to see Victorian architecture. Meet at 10 a.m. in front of Preservation Park at 13th St. and MLK, Jr. Way. Tour lasts 90 minutes. Reservations can be made by calling 238-3234. www.oaklandnet.com/wallkingtours 

“The Sixth Sun: Mayan Uprising in Chiapas” an assemblage of orginal and borrowed film footage telling the events of the Zapatista uprising on Jan. 1, 1994, at 7:30 p.m. at Humanist Hall, 390 27th St. in downtown Oakland. 654-9587. 

“A Greener Middle East” Meet Israeli, Palestinian and Jordanian students who are participating in environmental internships in the Bay Area, at 7 p.m. at the Berkeley Richmond Jewish Community Center, 1414 Walnut St. 848-0237, ext. 112. 

Berkeley Communicators Toastmasters meets the first and third Wednesdays of the month at 7:15 a.m. at Mediterraneum Caffe, 2475 Telegraph Ave. 524-3765. 

Fresh Produce Stand at San Pablo Park from 3 to 6:30 p.m. in the Frances Albrier Community Center. Sponsored by the Ecology Center’s Farm Fresh Choice. 848-1704. www.ecologycenter.org 

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

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

vigil4peace/vigil 

THURSDAY, JULY 8 

“GMO Free Alameda County” a discussion of genetically-modified organisms and how to keep them out of Alameda County’s ecosystems, with Anuradha Mittal, at 6 p.m. at Café de la Paz, 1600 Shattuck Ave. Cost is $15 and includes a GMO-free dinner. Reservations can be made by calling 843-0662. 

Dahr Jamail, “Direct from Baghdad” at 7 p.m. at La Peña Cultural Center, 3105 Shattuck Ave. Cost is $10-$15 sliding scale. 849-2568. www.lapena.org 

“Pocohontas: Medicine Woman, Spy, Entrepreneur and Diplomat” with Paula Allen at 7 p.m. at Belladonna, 2436 Sacramento St. 883-0600. www.belladonna.ws 

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

Grizzly Peak Flyfishers, a group dedicated to furthering the noble sport of fly fishing through education and conservation, invites you to its monthly meeting at 7 p.m at the Kensington Community Center, 59 Arlington Av. in Kensington. 547-8629. 

East Bay Mac User Group meets the 2nd Thursday of every month, from 6 p.m. to 8:30 p.m. at Expression Center for New Media, 6601 Shellmound St. www.expression.edu 

Tea Dancing and Dance Lessons with Barbara and Jerry August from 2 to 4 p.m. at the Hillside Club, 2286 Cedar St., Cost is $5, includes refreshments. 925-376-6345. 

FRIDAY, JULY 9 

“So How’d You Become an Activist?” with Dave Lippman, aka George Shrub, the singing CIA agent, and Kiilu Nyasha, Black Panther veteran, at 7 p.m. at Berkeley Fellowship of Unitarian Universalists, 1924 Cedar St., at Bonita. Suggested donation $5. 528-5403. 

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. 

SATURDAY, JULY 10 

World Food Festival: Cuisine of India Cooking demonstration by Kasuma Sheth of Shakti Foods, at 11 a.m. A presentation on the Greening of Ethnic Restaurants project at 11:30 a.m. at the Saturday Berkeley Farmers’ Market, Center St. at MLK, Jr. Way. 548-3333.  

Walking Tour of Old Oakland “New Era/New Politics” highlights African-American leaders who have made their mark on Oakland. Meet at 10 a.m. and the African American Museum and Library at 659 14th St. 238-3234.  

www.oaklandnet.com/wallkingtours 

Oakland Heritage Alliance Walking Tour of Oakland’s Walkways and Streetcar Heritage from 10 a.m. to 12:30 p.m. Tour is limited to 20 persons. Cost is $5 for OHA members, $10 for nonmembers. For reservations call 763-9218. www.oaklandheritage.org 

Gardening for Wildlife Attract birds, butterflies and beneficial insects. Learn to diversify your garden by including California native plants that provide food, shelter, and nesting places for wildlife. Follow-up meeting with landscape designers on July 31. From 9 a.m. to 2 p.m. at Malcolm X Elementary School, 1731 Prince St. Free. 444-7645.  

www.stopwaste.org 

“Liquid Gold: How to Use Urine to Grow Plants (Safely!)” a talk and workshop at 10:30 a.m. at 1120 Bancroft Way, near San Pablo Ave. $15 donation, proceeds help fund City Slicker Farm’s urban farming demonstration programs. Registration required.  

info@liquidgoldbook.com 

Butterflies in the Garden Learn how to attract these beautiful creatures into your yard by providing the caterpillars with food plants and the adult butterflies with nectar plants, at 10 a.m. at Magic Gardens Nursery, 729 Heinz Ave. 644-2351. www.magicgardens.com 

A Cool Evening Hike Meet the mosquitoes, bats and woodrats; we'll be in the dark together listening to wildlife. This is a drop in program; no registration is required. At 7 p.m. at Tilden Nature Area, in Tilden Park. 525-2233. 

All Together for Chiapas Benefit for Emergency Relief An evening of video, dance, spoken word and music from 7:30 p.m. to midnight at the Capoeira Angola Center, 2513 Magnolia St., West Oakland. Donation $7-$15, sliding scale, all proceeds to emergency relief. Sponsored by the Chiapas Support Committee. 654-9587. 

Campaign Finance Reform with Berkeley Fair Elections Coalition and Adona Foyle of Democracy Matters at 8 p.m. at Studio Rasa, 933 Parker St. 693-5779. 

Get Ready for the Breast Cancer 3-Day Learn about what gear is essential, packing and hydration at 10 a.m., with an optional training walk at 11 a.m. at REI, 1338 San Pablo Ave. 527-4140. 

Lavender Seniors of the East Bay, a group for gays, lesbians, bi-sexuals and transgenders over the age of 55, holds their monthly potluck at noon at San Leandro Community Church, 1395 Bancroft Ave., San Leandro. 667-9655. 

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. 

SUNDAY, JULY 11 

Bay to Barkers Dog Walk from 8:30 a.m. to 1 p.m. at Cesar Chavez Park, Berkeley Marina. Fundraiser for East Bay Humane Society. 845-7735. 

“Iraq: The Untold Story” A panel discussion with Clarence Thomas, Central Labor Council fo Alameda County, Barbara Lubin, founder of Middle East Children’s Alliance, and Emanuel Ashoo, Iraqi-American, all who have recently returned from visits to Iraq, at 2:30 p.m. at St. John the Baptist Community Center, 6500 Gladys Ave., El Cerrito.  

“Significant Roles of the United Nations” with Rita Maran of the United Nations Association, at 9:30 a.m. at Unitarian Universalist Church of Berkeley, 1 Lawson Road, Kensington. 525-0302.  

Oakland Heritage Alliance Walking Tour of Mountain View Cemetary from 10 a.m. to 12:30 p.m. Meet at Chapel of the Chimes, 4499 Piedmont Ave. Tour is limited to 20 persons. Cost is $5 for OHA members, $10 for nonmembers. For reservations call 763-9218. www.oaklandheritage.org 

Butterfly Habitat Learn the plants and butterflies and take plants home for your own habitat. From 10 to 11:30 a.m. in Tilden Nature Area, in Tilden Park. To register call 525-2233. 

Hands On Bike Maintenance Class from 8 a.m. to 1 p.m. at REI, 1338 San Pablo Ave. Fee is $85-$100, advance registration required. 527-4140. 

Introduction to Drip and Sprinkler Irrigation A survey of innovative irrigation solutions that save water and money. A full range of irrigation products will be explained. The class will serve as an introduction to both sprinklers and drip systems. Appropriate use of each as well as system automation with valves, timers, and rain sensors will be covered. At 11 a.m. at Urban Farmer Store, 2121C San Joaqin St., half mile from Central Ave, Richmond. For reservations call 524-1604. 

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 

Tibetan Buddhism with Erika Rosenberg on “Eastern Wisdom Meets Western Science” at 6 p.m. at the Tibetan Nyingma Institute, 1815 Highland Pl. 843-6812.  

www.nyingmainstitute.com 

MONDAY, JULY 12 

Women’s Cancer Resource Center, volunteer training, every second Monday of the month, from 6 to 8 p.m. at 5741 Telegraph Ave. To sign up call 601-4040, ext. 109. www.wcrc.org 

Berkeley Community Gardening Collaborative meets at 6 p.m. at Berkeley Youth Alternatives, 1255 Allston Way. 883-9096. 

Great Popular Fiction Bookgroup meets to discuss “The Rule of Four” by Ian Caldwell and Dustin Thomason at 7 p.m. at Barnes and Noble, 2352 Shattuck Ave. 644-0861. 

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. 

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. 

ONGOING 

Berkeley Video and Film Festival is calling for entries. The deadline for last call is July 10. For information please call 843-3699.  

www.berkeleyvideofilmfest.org 

Luna Kids Dance Summer Camp for ages 9 - 13, from July 12 - 16. For information call 644-3629. www.lunakidsdance.com 

Interesting Backyards Do you have a really cool backyard project or unusual sustainable living practice that you’d like to share with others in the East Bay? Consider becoming a stop on the 5th annual Urban Sustainability Bike Tour on Saturday, July 31. Past sites have included features such as graywater systems, chicken coops, bee hives, solar installations and permaculture gardens. For information call Beck at 548-2220, ext. 233. 

www.ecologycenter.org 

Summer Reading Games at the Albany Public Library, through August 14th. For information call 526-3700. 

Medical Care for Your Pet at the Berkeley East Bay Humane Society low-cost veterinary clinic. 2700 Ninth St. For appointments call 845-3633. www.berkeleyhumane.org  

Radio Summer Camp, four day sessions through Sept. 6. Learn how to build and operate a community radio station. Sponsored by Radio Free Berkeley. 625-0314. www.freeradio.org 

“Searching Within” A free 9-week course starts on Thursday July 15, 6:30 to 8 p.m. at 2015 Center St. To make reservations call 652-1583.  

www.mysticweb.org 

Introductory Storytelling Classes for Adults offered by Stagebridge from June 29 through August on Tuesdays, 10 a.m. to noon at Arts First Oakland, 2501 Harrison St., at 27th St. near Lake Merritt. For information call 444-4755. www.stagebridge.org. 

CITY MEETINGS 

Council Agenda Committee meets Tues. July 6, at 2:30 p.m., at 2180 Milvia St., Sherry M. Kelly, city clerk, 981-6900. www.ci.berkeley.ca.us/citycouncil/agenda-committee 

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

www.ci.berkeley.ca.us/commissions/women 

Berkeley Rent Stabilization Board meets Thurs. July 8, at 7 p.m. in City Council Chambers, Pam Wyche 644-6128 ext. 113. www.ci.berkeley.ca.us/rent 

Commission on Early Childhood Education meets Thurs., July 8, at 7 p.m., at the North Berkeley Senior Center. Marianne Graham, 981-5416. www.ci.berkeley.ca.us/commissions/earlychildhoodeducation  

Community Health Commission meets Thurs, July 8, at 6:45 p.m., at the South Berkeley Senior Center. William Rogers, 981-5344.  

www.ci.berkeley.ca.us/commissions/health 

Two-by-Two Meeting of elected City and School officials to dicuss common concerns, Thurs., July 8, at 8:30 a.m., in the Redwood Room, 6th floor, 2180 Milvia St. 644-6147, 981-7000. 

West Berkeley Project Area Commission meets Thurs., July 8, at 7 p.m., at the West Berkeley Senior Center. 981-7520. www.ci.berkeley.ca.us/commissions/westberkeley  

Zoning Adjustments Board meets Thurs., July 8, at 7 p.m., in City Council Chambers. Mark Rhoades, 981-7410.  

www.ci.berkeley.ca.us/commissions/zoning ô


Opinion

Editorials

Editorial: Two and a Half Cheers for the Rule of Law

Becky O’Malley
Friday July 09, 2004

No phrase is more firmly enshrined in democratic iconography than “the rule of law.” The concept is frequently invoked both to criticize and to justify government actions. In the United States, respect for the rule of law has deep roots. In the Anglo-American legal tradition, it goes all the way back to 1215, to the Magna Carta. The Declaration of Independence, whose birthday we just finished celebrating, is all about law and the lack of respect signers thought the English crown was showing for it in 1776. 

There’s even a website named for it: the-rule-of-law.com. Unfortunately, most of the material on the site, created by professors at Stanford’s law school, is counter-examples, cases where the rule of law has not been followed. There’s a passionate warning against the invasion of Iraq signed by law professors around the country and a scathing denunciation of the U.S. Supreme Court’s decision in Bush v. Gore. Both were ignored. In the past few years, the rule of law has taken a bad beating. 

Recently, however, there have been a few bright spots on the legal horizon. Against all odds and defying many predictions, the unfortunately politicized U.S. Supreme Court has finally found something up with which it will not put. Even for fundamentally undemocratic justices like Antonin Scalia (who recently made news by summarily confiscating a journalist’s tape of one of his speeches) the idea of habeas corpus still resonates. This principle, enacted in England soon after the Magna Carta, says that prisoners cannot languish in jail without charges, but must be brought before the court to determine if there’s any reason they’re being held. Eight of the nine justices, in a group of somewhat murky decisions, upheld the concept. (Only Clarence Thomas still doesn’t get it.) The court clearly said that the Bush administration’s contention that prisoners with alleged terrorism connections could be held indefinitely goes too far. How much too far is still to be determined. 

Another faint bright spot on the rule-of-law horizon appeared in Israel. Israel is the beneficiary of an even lengthier tradition of adherence to law, going back much further than the Magna Carta. There, the Supreme Court also came out against the notion that anything goes, saying that building a “security” fence in the occupied territories between Israelis and Palestinians was okay in principle, but in detail must have a genuine demonstrable connection to security. Friends of Israel who are not afraid of occasional constructive criticism have been much heartened by this decision. 

Liberal commentators have also pointed to whatever is going on to investigate the Abu Ghraib torturers as somewhat of a bright spot. Here, the jury is still out. We’ll have to wait and see if the officers and Defense Department officials are allotted their share of blame, or if enlisted personnel take most of the hit. The televised arraignment of Saddam Hussein in what seemed to be a conventional courtroom setting in Iraq was praised in some quarters, though an Arabic-speaking Berkeley commentator who watched the proceedings on television told us that the judge sounded like a scared kid, deferential and unsure. The fact that the U.S. conquerors have not asked for a prestigious international tribunal like the Nuremburg trials is not a plus for the rule of law. 

A sidebar to a discussion of the rule of law might be entitled The Rules for Lawyers. A petition condemning the use of torture by the U.S. in Iraq has been signed by many well-respected law school professors, including Harvard’s Larry Tribe and Alan Dershowitz, who don’t always agree on such questions. Many of them were already on record criticizing the shoddy legal work represented by the memo which the Justice Department produced to justify the practice.  

Students at UC’s Boalt Hall School of Law have called for the ouster of Boalt professor John Yoo, one of the authors of the questionable memo, as well as of another justifying the treatment of Guatanamo prisoners which was rejected by the Supreme Court. His role in those cases, when he was working for Ashworth’s Justice Department, has been defended by some under the hired gun theory of legal representation: those who hire the lawyers get to call the shots. This theory is often invoked by criminal defense lawyers who defend rapists or mob figures. Few would deny that all defendants, no matter how vile, are entitled to some sort of representation.  

But when the criminal element is the U.S. government, and when the defense attorney is subsequently hired to teach law students the tricks of his trade, there seems to be something wrong somewhere. Academic freedom is of course very important, but when a law school hires a teacher who does not seem to have fundamental respect for the rule of law, it appears that a mistake has been made. As consumers of legal education, the students have a right to question what their tuition dollars are buying. On the other hand, very similar arguments were used to justify attacks on professors suspected of being “Communist sympathizers,” on the theory that Soviet communism did not respect the rule of law. Even those who have called for Yoo to be fired will probably agree that witch hunts like those were bad policy.  

The line for lawyers should probably be drawn somewhere between ethics and sophistry. The ethical considerations embodied in the concept of the rule of law suggest that government decisions should be consistent and based on established laws and legal principles. Lawyers, and those who teach lawyers, should believe in the rule of law. 

Sophistry, on the other hand, says that whatever works is good. In a May 30 Wall Street Journal op-ed, published before the Supreme Court decision on Guantanamo, Yoo said that “The reasons to deny Geneva status to terrorists extend beyond pure legal obligation. The primary enforcer of the laws of war has been reciprocal treatment: We obey the Geneva Conventions because our opponent does the same with American POWs.” Well, yes, but what if he doesn’t? Is the U.S. then free to disregard the law? As California taxpayers, we might be entitled to hope that our future lawyers are being taught that respect for international law “trumps” (in the ugly gamesmanship metaphor that has lately become fashionable) the barter system as a guide for action by our government.  

 

—Becky O’Malley 


From Susan Parker: Middle Age Screen Sex Is No Laughing Matter

Susan Parker
Tuesday July 06, 2004

Last week, while everyone in Berkeley stood in line to see Michael Moore’s Fahrenheit 9/11, my husband and I went to the Albany Twin theater to see The Mother. We often go to this movie house because it regularly features films that aren’t shown in other locations. I’d read a review in the Sunday San Francisco Chronicle about The Mother. The little bald man was jumping out of his chair, clapping. Although this action does not necessarily guarantee that the movie will be worth seeing, I decided to take a chance. The subject matter intrigued me. 

The Mother is a British import about a passionate affair between a widow and her daughter’s lover who is half her age. The review said that British stage actress Anne Reid “…deserves a standing ovation for taking off her clothes and revealing the lumpy figure of an older woman who eschews exercise and a cosmetic surgeon’s scalpel.” That quote alone made me want to see the movie although I see plenty of similar body types at the public pool where I swim. Don’t get me wrong, I’m not a voyeur. But at the DeFremery Pool in West Oakland there is not much in the way of privacy or services unless you consider automatically timed showers and doors on the toilet stalls amenities. And swimming, unfortunately, is not an exercise that necessarily lends itself to weight loss or a svelte body. I imagine that most of the people who swim there are like me: Once they finish their workout they go home and eat the entire contents of their refrigerator and then ferret through their cupboards for more. Swimming is an activity that makes you feel good, but not necessarily look good. 

But back to The Mother. I went to the show with optimism because I really did want to see sex performed between a middle-aged woman and a much younger man. I’ve had my fill of the reverse, Hollywood handsome older men with gorgeous, bosomy young nymphs and I’m sick of it. Bring on the lumps and wrinkles. Show us how the Brits do it. 

But I was disappointed. Not that the movie didn’t give what the review said it would: carefully rendered shots of an imperfect, needy body and hot sex between a 60-year-old woman and a 30-year-old man. But it was the extraneous stuff of the film that got in the way and was bothersome. I can live with the unsatisfactory relationship between the depressed, lonely mother and her equally depressed, immature adult children, but what annoyed me was the depiction of a brief affair the woman has with a man of her age. The filmmakers chose to make this a laughable, pathetic alliance, one that no one in their right mind would find appealing. It is painful to watch, and a disservice to all of us who are growing old. And in case you don’t think you belong in that category, think again. We’re all going to get there. Maybe the writers and directors of The Mother believe they will die young and leave a beautiful corpse, or that a pill will be invented once they reach 35 that will keep them from entering the dreaded category of middle and old age, but chances are they will someday look like the wrinkled elderly man and woman horrifically depicted in their movie. 

In the end, The Mother does exactly what Hollywood often does, makes fun of sex between the rusty. I guess I’ll give up on my quest to see a realistic movie about this subject, and go back to swimming a lot of laps at the public pool. The next time I go to a film that claims to portray credible, candid grown up romance, I’ll do what my husband always does when viewing such topics: He falls soundly asleep and wakes up when it’s finally over.›